Decision: CONFIRMING THE DECISION TO VARY THE S106 AGREEMENT
MADE UNDER:
Section 106
of the Town and Country Planning Act 1990 (as amended), relating to:
Decision:
To vary the
s.106 agreement to secure biodiversity units at the Ferals BNG habitat
bank.
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. Once a site has been selected
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 this on site. This will then enable
the habitat bank to be included on the national sites register. If
requested by the site manager, Dorset Council can vary the s106 legal agreement
at a later date to allow change to the number and type
of units made available to enable development, to ensure that the type of unit
is appropriate to site conditions and to the units required by
development.
The
delegated decision confirms Dorset Council’s agreement that the legal agreement
for the Ferals can be varied via preparation and sealing of a deed of
variation, to enable the number and type of units provided to be changed.