Decision

Decision: CONFIRMING THE DECISION TO VARY THE S106 AGREEMENT MADE UNDER:  

Section 106 of the Town and Country Planning Act 1990 (as amended), relating to:  

• The Ferals BNG habitat bank.  

Decision:  

To vary the s.106 agreement to secure biodiversity units at the Ferals BNG habitat bank.  

Background:  

As part of our responsibilities as the responsible body for biodiversity net gain (BNG) Dorset Council is working with third party landowners to secure habitat banks which are suitable for inclusion on the national biodiversity gain sites register. Once a site has been selected it is necessary to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to provide the necessary certainty of securing habitat units from landowners which can then be used to provide off-site BNG where developers are unable to secure this on site. This will then enable the habitat bank to be included on the national sites register. If requested by the site manager, Dorset Council can vary the s106 legal agreement at a later date to allow change to the number and type of units made available to enable development, to ensure that the type of unit is appropriate to site conditions and to the units required by development.  

The delegated decision confirms Dorset Council’s agreement that the legal agreement for the Ferals can be varied via preparation and sealing of a deed of variation, to enable the number and type of units provided to be changed.  

Reasons for the decision

Enabling the deed of variation will ensure Dorset Council helps provide an appropriate bank of BNG units for developers to use, thereby facilitating development.  

Under the officer scheme of delegation and relevant nomination, I am authorized to approve the selection of these sites and to instruct the preparation and sealing of the three s106 agreements.  

 33. To undertake all action relating to the management, operation and delivery of the services for which the Officer is responsible including: 

(a)      such action as the Officer considers appropriate in relation to the discharge of any function wholly or partly relating to any of those services; 

(b)      authorising the acquisition and/or disposal of any asset (excluding any land and/or building) or service; and 

(c)      the management of any land, premises, vehicles, plant, equipment, machinery, stock, stores, supplies, materials, furniture and appliances. 

36 To instruct / appoint and/or authorise any external person (including any consultant) or body (excluding legal professionals) to undertake work and/ or act for and/or on behalf of the Council in respect of any matter (including at any legal proceedings, tribunal, hearing, inquiry or similar body) relating to any work undertaken by Planning Services for which the Chief Officer’s is responsible and/or to which s/he is providing support.  

37 To determine whether to enter and to enter into any contract or agreement for works, services and/or supplies, including all terms, for any service for which the Chief Officer is responsible.The exercise of this power is subject to the following: 

(a)      any cost associated with any such transaction can be met from within an existing budget for which the Officer is responsible: that is available for such purposes; 

(b)      the total expenditure associated with any such contract /agreement does not exceed the applicable levels set out in Appendix 2 of the Officer Scheme of Delegations; and 

(c)      the process followed is in accordance with the Contract Procedure Rules. 

Alternative options considered

If the council does not authorize this deed of variation, the habitat bank will not be able to provide the optimum mix of BNG units required by developers.