Issue - meetings

Following approval of planning permission in October 2024, there is now a need for the Borough Council to seek alternative means of securing the required Biodiversity Net Gain provision.    The previous report is attached as Annex 1.

In accordance with the LGA 1972 Sch 12A Paragraph 5, Annex 2 is restricted as it contains exempt information relating to legal advice.

Consideration was given to the report of the Director of Planning, Housing and Environmental Health in relation to the proposed refurbishment of Gibson East office buildings as set out in planning application TM/24/01270/PA.

Planning permission had been approved by the Council on 22 October 2024, subject to securing off-site Biodiversity Net Gain (BNG) provision.  Unfortunately, attempts to secure this provision had been unsuccessful and the Borough Council (as applicant) needed to seek an alternative means of securing the required off-site BNG.

Instead of entering into a Conservation Covenant, as previously agreed, the Borough Council proposed to purchase off-site BNG credits from a Habitat Site Owner in an adjacent authority.  This site was already subject to an agreed Conservation Covenant and is a registered site on the Governments Biodiversity Gain Site Register.

Following legal advice regarding the change of provision, this approach was considered acceptable under the national Biodiversity Hierarchy.  Once BNG credits were purchased, the Borough Council would be required by condition to submit these details for approval and Planning Officers proposed a further condition be added to the planning approval to require submission of these details.

Whilst Members expressed disappointment that a suitable BNG provision could not be identified within the Borough, it was agreed that the proposal remained an appropriate rationalisation of the site that accorded with all relevant planning policies and guidance. The development would not have a detrimental impact on the surroundings of the listed buildings and provided for appropriate off-site BNG provision. The development also accorded with all relevant local and national planning policies and guidance.

Cllr Brown proposed, Cllr Betts seconded and Council

RESOLVED:  That planning permission be granted in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environment Health; subject to

(1)            Amended Condition 15:

The construction of the external storage building may not be begun unless:

(a)        a biodiversity gain plan has been submitted to the planning authority; and

(b)        the planning authority has approved the plan.

Reason:  To ensure the development complies with Schedule 7A of Section 90 of the Town and Country Planning Act 1990.