Decision details

CONFIRMATION OF SELECTION OF THIRD-PARTY SITE FOR BIODIVERSITY NET GAIN HABITAT BANK TO BE SECURED VIA AN AGREEMENT MADE UNDER:

Section 106 Town and Country Planning Act 1990 (as amended) relating to three proposed habitat bank sites:

• Suez land at Bothenhampton

• Pilford Farm at Colehill

• Puxey Farm at Sturminster Newton

Decision:

To authorize selection of the above site(s) and the subsequent preparation and sealing of a s.106 agreement to secure habitat units.

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. Dorset Council has an approved BNG site selection process and criteria (October 2025) and Terms of reference for its BNG Habitat Bank Selection Panel.

Once a site has been selected in accordance with the approved process and criteria and panel recommendation, 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 these on site. This will then enable the habitat bank to be included on the national sites register.

This delegated decision confirms Dorset Council’s agreement:

a) that the above site, in accordance with the site selection panel’s recommendation, is suitable for proceeding as a habitat bank; and

b) to proceed to preparation and sealing of a s.106 agreement to secure the necessary units.

The site meets Dorset Council’s habitat bank site selection criteria and has been recommended for inclusion by the Panel. Securing this through a legal agreement will ensure we have a 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 this site and to instruct the preparation and sealing of a s.106 agreement:

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.

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