Agenda item

Proposal: The creation of a biodiversity habitat bank to be secured for a period of 30 years

Location: Exton’s Wood and Ark Field, East of Boothby Pagnell and Witherns and Kirkhill, West of Bitchfield

Recommendation: To authorise the Assistant Director of Planning & Growth to enter into a Section 106 Agreement with Boothby Wildland Ltd to create, manage and maintain Biodiversity Net Gain Units for the purpose of satisfying Biodiversity Net Gain Obligations for developments for a period of 30 years.

Proposal: The creation of a biodiversity habitat bank to be secured for a period of 30 years.

Location: Exton’s Wood and Ark Field, East of Boothby Pagnell and Witherns and Kirkhill, West of Bitchfield.

Recommendation: To authorise the Assistant Director of Planning & Growth to enter into a Section 106 Agreement with Boothby Wildland Ltd to create, manage and maintain Biodiversity Net Gain Units for the purpose of satisfying Biodiversity Net Gain Obligations for developments for a period of 30 years.

Councillor Trotter declared that whilst she was the Ward Member, she was approaching the application with an open mind.

Noting comments in the public speaking session by:

Mr Ivan de Klee - Agent, Head of Natural Capital.

During questions to Public Speakers, Members commented on:

-Members requested reassurance that the land could be maintained for 30 years given that it would be managed by a Limited Company. The speaker confirmed that within the provisions, the land would be under a binding Section 106 agreement. Whilst there would not be a bond in place with SKDC, the speaker also confirmed that much of the habitat would be managed by grazing and deer management.

-Members requested clarity from the speaker regarding Boothby Wildland Limited’s definition of regenerative farming. The speaker identified the key principle of regenerative farming to be using ‘restorative practices’, particularly regarding soil.

-Another Member highlighted the danger of animals having to cross the road and asked if there would be anything in place to safeguard them. The speaker recognised the concern and noted that they were keen to work on creating safer animal crossings. However, other than initial badger gates, implementing more specifically designated animal crossings was a consideration for the future.

-The Member responded to request clarity regarding the process following the initial 30-year period. The speaker disclosed that their ambition was for the land to be a nature habitat for over a century, and that they hoped to bind this under a covenant. The Assistant Director of Planning and Growth noted that the proposals are currently for 30 years due to the current requirements for developers to meet legislative requirements for Biodiversity Net Gain (BNG).   

-In response to a Member, the speaker stated that they ‘hoped’ for the site to gain ‘designated’ status in the future.

-After expressing their excitement about the proposed habitat, a Member queried the nature and process of the funding, particularly in the event that all units were sold. The speaker confirmed that in the event that all BNG units were sold, there were other eco-services that could be sold such as flood management or carbon sequestration systems in order to support the wider business model. The land could also be used for glamping or old farm buildings could be used for other rural diversification businesses. Overall, the aim is that this would fund 20-30 years of nature restoration.

-One Member sought clarification about the timeframe for seeing the benefits of the proposals. The speaker stated that ‘remarkable change’ would be seen within 10-15 years, and there was a team of 20 volunteers out spreading wildflower seeds on the day of the meeting.

-The Chairman asked why the target within the Management Plan was for only ‘moderate quality’. The speaker clarified that since they were entering into a legal agreement, they had used DEFRA’s metric but been conservative with their target to mitigate from external risks. Therefore, they were working on the basis that they were hoping to overachieve this target.

During questions to Officers and debate, Members commented on:

-Whether developers would be able to purchase BNG credits to avoid on-site mitigation and enhancement of biodiversity. The Planning Officer advised that the legislation requires a hierarchical approach to the protection and enhance of biodiversity. i.e. on-site measures would need to be considered first.    

-How monitoring enforcement could be implemented to protect the site, and the confidence Officers had that enforcement powers would be sufficient for 30 years. The Planning Officer confirmed SKDC would have to be satisfied that the developer would commit to the BNG and controls within the Management Plan. Furthermore, annual reports would be provided during the first five years and SKDC have sufficient funding to send specialists to site to ensure the accuracy of the reports. The Assistant Director of Planning and Growth added that such enforcement and monitoring is a requirement.

-Confirmation was requested that the proposed land would be considered agricultural in the Town and Country Planning Act 1990. The Planning Officer confirmed that they considered the proposal to fall within the definition.

It was proposed, seconded and AGREED unanimously to authorise the Assistant Director of Planning & Growth to enter into a Section 106 Agreement with Boothby Wildland Ltd to create, manage and maintain Biodiversity Net Gain Units for the purpose of satisfying Biodiversity Net Gain Obligations for developments for a period of 30 years.