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Agenda item

Request to enter into a legal agreement at Pudlicote Farm Chipping Norton

Purpose

To consider a S106 agreement with the landowner at Pudlicote Farm near Chipping Norton in the Evenlode Catchment.

 

Recommendations

That Development Control Committee resolves to:

1.            Authorise the Head of Planning to enter into the agreement in respect of the proposed Pudlicote Farm Habitat Bank; and

2.            Authorise the Head of Planning in consultation with the Head of Legal to complete other such agreements as may be required to enable local habitat banks to be created.

 

 

 

Minutes:

Phil Shaw, the Planning Services Transformation Lead presented the report which sought to authorise the Head of Planning to enter into the agreement in respect of the proposed Pudlicote Farm Habitat Bank and to authorise the Head of Planning in consultation with the Head of Legal to complete other such agreements as may be required to enable local banks to be created.

 

The Planning Services Transformation Lead then delivered a presentation which covered the following points:

 

  • Habitat banks were one of the mechanisms where a developer could pay monies to a third party to secure off-site biodiversity units.
  • Officers were only allowed to enter into section 106 agreements which were required in respect of a planning application. This application was not part of a planning application and therefore officers did not have delegated powers to enter into the agreement. Any further similar agreements would have to come before the Development Control Committee. 
  • A formal agreement was sought to amend the scheme of delegation to enable officers to deal with section 106 agreements to enable the creation of habitat banks in the future.   
  • The number of habitat banks were expected to increase with the number of developments that were linked to the Local Plan.
  • The Planning Services Transformation Lead explained the principles for the creation of the habitat banks, how developers managed the process to mitigate the loss of land for houses to habitat banks.
  • The Planning Services Transformation Lead brought the Committee’s attention to the copy of the legal agreement in the agenda pack, which set out the management of the site over the next 30 years.
  • The benefits would be in West Oxfordshire and would mitigate the impacts of housing development in the district.
  • It was thought to have a delegation in place it would encourage landowners to come forward and support projects like this in the future.
  • The recommendation was to allow the agreement laid out in the report due to officers not having delegated authority to do so; and to authorise any other such agreement which may come to the Planning team reducing the need to call Development Control Committee meetings in future.

 

The Chair invited the Committee to open the debate which raised the following points:

 

  • Members asked for clarification on how long the agreement would last as if a habitat bank was established, noting that it would be unfortunate if this could be lost or replaced with something else. The Planning Services Transformation Lead confirmed in this case the landowner intended to keep the land as a habitat bank for longer than 30 years and did not want to put an unlimited time restraint on the first legal agreement due to not wanting to put off any future landowners coming forward. The land could be protected through other legislation in the future to enable the continued protection of wildlife and nature established there.
  • Members asked for the wording to be amended on the second point to specifically be within West Oxfordshire.
  • Members raised concerns that developers were using off-site biodiversity rather than focusing on creating spaces within the sites of new housing was being developments. There were concerns about offsetting by buying biodiversity credits resulting in biodiversity being located in areas less suitable, outside of the district.
  • Members raised concerns regarding how the scheme would be offset. Would there be consultation with Executive Members or Members through the delegated scheme. The Planning Services Transformation Lead confirmed the Committee had the power to authorise delegation of schemes but also highlighted that officers would prefer to consult with an odd number of Members to prevent split decisions.
  • Members thanked officers for an excellent piece of work. Members reiterated the importance of protecting biodiversity and wildlife within the district. 
  • Members asked for clarification on additionality and how the land would be audited. The Ecology Officer explained that there was a lot of work with the applicant’s legal team and West Oxfordshire District Council’s legal officers to come to an agreement. The landowner would have to register the habitat bank on the National Gains Sites with Natural England who would manage the auditing.
  • Members asked for clarification on if the habitat bank had been established. The officer confirmed that the landowner had completed all the work, had put the investment in upfront and created the habitats. Then units could be sold as enhancements were delivered.
  • Members asked if land could be sold for biodiversity. The office confirmed that any landowners in the district would be able to sell land for biodiversity use. Habitat banks could also be set up on land owned by the Council which had been considered.

 

The Chair proposed the Committee agree to the recommendations as listed in the report. This was seconded by Councillor Andrew Beaney and was put to the vote.

 

Voting Record – 19 for the proposal, 0 again and 0 abstentions.

 

The Development Control Committee Resolved to:

 

  1. Authorise the Head of Planning to enter into the agreement in respect of the proposed Pudlicote Farm Habitat Bank; and
  2. Authorise the Head of Planning in consultation with the Head of Legal to complete other such agreements as may be required to enable habitat banks to be created.

 

 

Meeting closed at 4.30pm

 

Supporting documents:

 

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