Purpose

The decision is to determine
whether Lichfield District Council should agree to enter into a
Section 106 agreement to monitor the proposed Grove Farm Habitat
Bank for a period of 30 years.

Decision

To approve to enter into the S106 agreement at
Appendix 1 for Grove Farm Habitat Bank at Grove Farm, Burton Road,
Whittington, Lichfield WS13 8QN that will include a 30 year Habitat
Management and Monitoring Plan.

Reasons for the decision

The Environment Act 2021 required all
development in England to provide a minimum of 10% biodiversity net
gain. Where this gain cannot be delivered on site, developers must
seek to offset this requirement off site, either through the
purchase of BUs from a registered Habitat Bank, or by purchasing
Biodiversity Credits from Natural England.
 
The Act also put a Duty on us as a Local
Planning Authority to ensure that sufficient BUs are available for
offsetting in our district (more easily allowing development to
fulfil the statutory requirement).
 
By agreeing to enter into a 30-year agreement
to monitor the delivery and condition of the proposed Grove Farm
Habitat Bank, it will allow the Bank to be listed on the Natural
England Biodiversity Gain Sites Register and begin to officially
operate as a Habitat Bank (that is, to provide Biodiversity Units
to developers to meet their Statutory Biodiversity Net Gain
requirement). This will enable more development to take place in
the district, by providing local (and therefore more
cost-effective) Biodiversity Units for local developments.
 
The site (approx. 26ha) is currently in arable
use and is intensively managed. It is proposed to enhance the site
to provide approximately 12ha of mixed scrub and 14ha of
traditional orchard – resulting in 131.74 BUs being created.
By bringing the land out of arable use and into active management
for biodiversity benefit, the site will positively contribute to
both Lichfield District and UK national biodiversity goals.

Alternative options considered

1.    
For amendments to be made to the S106 & HMMP. These will then
need to be conveyed and agreed by all parties before signing and
sealing can take place. 
 

2.    
For Lichfield District Council to not enter into this
agreement.