| No. | Condition Text |
|---|
| 1. | Inadequate information to secure self-build:
The principle of a replacement dwelling on the site is acceptable, however, the draft Unilateral Undertaking (UU) submitted by the applicant seeking to secure the development as a self-build plot is unacceptable in the manner presented and its content has not been agreed and therefore cannot be relied upon as a material consideration in the determination of this application. Without the guarantee of securing the development as a self-build dwelling (under the terms of The Self-Build and Custom House building Act 2015) by way of an agreed UU or by entering into a S106 Agreement prior to the issuing of a decision on the application, the proposal is unable to qualify for Biodiversity Net Gain Exemption. |
| 2. | Lack of Biodiversity Information:
Given the lack of guarantee of a self-build dwelling, the application has not demonstrated that the proposal should be exempt from the requirements of providing Biodiversity Net Gain, as it is considered insufficient to rely on the description of development of a self-build dwelling and "self-declaration form" on its own without there being a guarantee of a self-build dwelling being
Therefore, as the baseline ecological conditions on the site have not been assessed and quantified, and no measures have been presented to secure at least a 10% increase in biodiversity value on the site, the development does not meet the requirements of Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021), and also conflicts with emerging local plan policy NAT3. |
| 3. | STATEMENT OF POSITIVE ENGAGEMENT (REFUSALS): In accordance with the NPPF, in determining this application for planning permission, the Borough Council has approached it in a positive and proactive way and where possible has sought solutions to problems to achieve the aim of approving sustainable development. Unfortunately, despite this, in this particular case the development is not considered to represent sustainable or an acceptable form of development and has been refused for the reasons set out above. |
