Decision details

AGREEMENT MADE UNDER  

Section 111 of the Local Government Act 1972 & s1 of the Localism Act 2011Provision of Phosphate Mitigation for developments in Dorset 

River Parratt Catchment Area 

Decision: 

Authorise sealing of above 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 Provider entered into an agreement under s111 with Somerset Council to procure the necessary measures to achieve phosphate mitigation as well as planning obligations enforceable by Somerset Council.   

Part of the Council’s area falls within the fluvial catchment area of the River Parrett which falls inside the Catchment Area and the Council is agreeable to developers’ securing Phosphate Mitigation for developments in that part of its area through the allocation of P-Credits (as defined in the Somerset Agreement) by the Provider to such developments to meet their Phosphate Mitigation requirement and enable the grant of planning permission for such developments subject to the Provider  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.