Decision details

To consider the report of the Cabinet Member for Economic Development setting out a position statement that seeks to ensure new developments achieve nitrogen neutrality in accordance with the Habitat Regulations.

(i)  To note the Nitrogen Mitigation Position Statement for use in the determination of planning applications.

(ii)  To delegate authority to the Director of Legal & Business Services, after consultation with the Head of Planning and Economic Development, to sign ‘section 33’ legal agreements with nearby Councils and mitigation providers in-order to implement the Position Statement in accordance with the Habitat Regulations.

(iii)  To delegate authority to the Head of Planning and Economic Development following consultation with the Cabinet Member for Economic Development to make future changes to the specifics of the Position Statement provided this does not affect the overall approach.

(iv)  To delegate authority to the Head of Planning and Economic Development to make future changes to the technical detail of the approach (e.g. commencement date, data updates, detailed methodology changes, etc) provided that this does not affect the overall approach.

To ensure new development is permitted in accordance with the Habitat

Regulations.

To delegate authority to the appropriate levels to ensure the necessary legal

mechanisms are put in place and the specifics / detail of the Position

Statement can be updated as required.

The alternative is not to put in place a Position Statement. However, the local

planning authority must comply with the Habitat Regulations when granting

planning permission. Planning permissions issued by the Council could be

challenged if no further action is taken.