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.