Issue - meetings

Using Council land for Biodiversity Net Gain: Delegation of Planning Enforcement function to secure a legal agreement

Meeting: 21/11/2024 - Council (Item 44)

44 USING COUNCIL LAND FOR BIODIVERSITY NET GAIN: DELEGATION OF PLANNING ENFORCEMENT FUNCTION TO SECURE A LEGAL AGREEMENT pdf icon PDF 100 KB

The Council is being asked to agree arrangements arising from Biodiversity Net Gain legislation.

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Minutes:

The Council was asked to agree arrangements arising from Biodiversity Net Gain legislation.

 

On a motion from Councillor Matt McCabe, seconded by Councillor Oli Henman, it was unanimously

 

RESOLVED that

 

1.  Subject to resolution 3, to endorse the arrangement for delegating the planning enforcement function to neighbouring authorities (Bristol City Council, North Somerset, Somerset, South Gloucestershire, Wiltshire) solely for the purposes of entering into a S106 legal agreement for use of specific council owned land as a biodiversity net gain habitat bank.

 

2.  Subject to resolution 3, to endorse the arrangement for accepting a delegation of planning enforcement function from neighbouring authorities (Bristol City Council, North Somerset, Somerset, South Gloucestershire, Wiltshire) for the purposes of entering into a S106 legal agreement for use of their land as a biodiversity net gain habitat bank.

 

3.  To note that no delegation of the enforcement function or acceptance of such a delegation from/to another Council shall take effect until that other Council has made a reciprocal Council decision and shall end as between B&NES and the reciprocating Council as from the date either council revokes its delegation of function save that any delegation or acceptance of the enforcement function entered into before the date of revocation of the enforcement function shall remain valid.

 

4.  To note that a site specific S106 agreement will need to be agreed by officers for each habitat bank and the Council is under no obligation to enter into a legal agreement following the endorsement of the proposed arrangement by Council.

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