Decision details

AGREEMENT MADE UNDER 

Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 relating to to Woodrow Farm, Yeovil Marsh, Yeovil, Somerset

Decision:

Authorise sealing of s.33 agreement

Background

Under the provisions of the Habitats Regulations the Council may only grant planning permission when it is satisfied there will be no adverse impact upon the integrity of the habitat. The owner of the land subject to thew S.33 Agreement entered into a s106 Agreement with Somerset Council to deliver phosphate mitigation. Part of the council’s area falls within the catchment area and the council is agreeable to developers securing phosphate mitigation credits subject to owner complying with the terms of the Somerset agreement.

Dorset Council, as the competent authority under the provisions of the Habitats Regulations, has a responsibility to ensure development does not lead to adverse effects upon the integrity of internationally protected wetland habitats. We has secured government grant funding to facilitate this and Dorset Council, is tasked with facilitating suitable projects to mitigate impacts to acceptable levels.  

Dorset Council Cabinet, at its meeting of 12 March 2024, delegated authority to the Corporate Director for Economic Growth and Infrastructure, in consultation with the portfolio holder for planning, to agree expenditure over £100,000 but not exceeding £1.5m. This was duly authorised by the Corporate Director on 14 October 2024. Under Dorset Council’s constitution the Head of Planning is authorized to instruct sealing of s106 agreements:  - section 37 to determine whether to enter and to enter into any contract or agreement for works, services and/or supplies; para. 141 – funding secured in connection with any planning obligation.

Under the officer scheme of delegation and relevant nomination I am authorized to instruct the sealing of this agreement: 

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 provided that:

(a) any expenditure incurred can be met from a relevant budget; and,

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