Proposal: Modification of planning obligation (Section 106 agreement) dated 30th September 2022 pursuant to application 20/0337/OUTM to vary the wording of the S106 to allow a hierarchical approach to the Biodiversity Net Gain requirement (to allow the biodiversity net gain to be provided on site, within the City Area, within the wider region or by utilising the Biodiversity Credits Scheme) and to add a clause to the S106 agreement to allow the developer a right of access onto the SAM transferred land for the purpose of implementation of the planning permission and to undertake works within the SAM buffer area

Applicant: Keepmoat Homes

Agent: Kate Holland of Invicta Planning

Resolved:-

(a) That the Council enters into a Planning Obligation by Deed of Variation under Section 106 of the Town and Country Planning Act 1990 (as amended) to allow the following modifications to the Deed of Agreement dated 30th September 2022 pursuant to outline planning permission 20/00337/OUTM:

(i) At the time of writing this report, the definitions altered and added to Clause 1 of the Original Agreement are as follows:

The definition of “Biodiversity Scheme” in the S106 is updated:

From:

“Biodiversity Scheme – a scheme setting out actions to compensate for Biodiversity Loss by way of on-site mitigation and/or off-site offsetting within the City area.”

To:

“Biodiversity Scheme – a scheme setting out actions to compensate for Biodiversity Loss and to achieve at least a 10% net gain over the pre-development biodiversity value of the site by way of on-site mitigation and/or off-site offsetting within the City Area, within the wider region or utilising the Biodiversity Credits Scheme.”

A definition of “Biodiversity Credits Scheme” to be added as follows:

“Biodiversity Credits Scheme – the scheme enabling the Owner to buy statutory biodiversity credits to compensate for Biodiversity Loss in line with section 101 of the Environment Act 2021 and associated guidance from central government.

(ii) An additional paragraph to be added to Appendix 2, Schedule 1 of the Original Agreement, as follows:

“3. The Transferor will have a right of access onto the Property for the purposes of implementing the Development or to undertake works in association with the implementation of planning permission, within SAM buffer area.”

A map of the SAM buffer area is to be included in this respect.

(b) That the Executive Director for Environment and Place, the Director of Planning and Economy or the Service Manager – Development Control de DELEGATED to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 30th September 2022 pursuant to outline planning permission reference 20/00337/OUTM. The relevant officer will have delegated powers to agree further modifications to the wording, provided that they do not comprise a material departure from the principles outlined within the report.

(c) In the event that the Deed of Variation referred to in part (a) above has not been completed before 5th April 2024, or an extension of this time as may be agreed by the Executive Director for Environment and Place, the Director of Planning and Economy or the Service Manager – Development Control, authority is delegated to refuse the application on the grounds that development would not secure the necessary Biodiversity Net Gain and to ensure the SAM land transfer continues to be secured, in accordance with the requirements of the original permission and as the development would otherwise be contrary to National and Local Planning Policy.