URL: https://www.southampton.gov.uk/modernGov/ieDecisionDetails.aspx?ID=3503

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To consider the report of the Cabinet Member for Economic Development seeking approval for delegated authority to the Executive Director of Growth & Prosperity relating to matters concerning the Partnership for South Hampshire’s Inter-Authority Agreement (IAA) for nutrient mitigation. The delegated authority requested relates to entry into the agreement, minor amendments to the IAA and identification of the Council as a “Benefiting Authority” for projects delivered through the IAA, in consultation with the Council’s S151 Officer and Cabinet Member for Economic Development.

Content: (i)  To delegate authority to the Executive Director of Growth and Prosperity to enter into and become a party to the Inter Authority Agreement (IAA) by way of a deed of adherence and to agree to any minor amendments from time to time. (ii)  To delegate authority to the Executive Director of Growth and  Prosperity to agree the Council as a Benefiting Authority and/or Host Authority for projects delivered through the Inter Authority Agreement following consultation with the Council’s S151 Officer and Cabinet Member for Economic Development. 1.  The Council, as Local Planning Authority, needs to ensure that sufficient nutrient mitigation is available to meet planned growth. Without sufficient mitigation, planned development may not be able to proceed. Whilst there is a private supply of mitigation across the majority of impacted areas across the Solent, regular reporting of the relative supply of mitigation has shown that the private market is unable to supply a sufficient amount of mitigation to maintain a 5-year supply within the market across the Solent sub-region. Additionally, reliance on the private market requires substantial work on cross boundary legal agreements in order to ensure compliance with the Habitat Regulations as Competent Authorities in decision making.   2.  The IAA aims to create an ongoing framework to provide mitigation in the sub-region and to ensure a 5-year supply of mitigation by working alongside the private market to provide a supply of mitigation for developers for those authorities that do not yet have their own mitigation strategies. It is also proposed that projects delivered through the IAA deliver multiple benefits, including the provision of BNG units and removing the need for cross-boundary legal agreements for projects delivered through the IAA.   Do Nothing: Southampton City Council, as local planning authority must comply with the Habitat Regulations when granting planning permission. Planning permissions issued by the Council could be challenged if it is unable to secure a 5-year supply of nitrate mitigation.   It is also proposed that projects delivered through the IAA deliver multiple benefits, including the provision of BNG units and removing the need for cross-boundary legal agreements for projects delivered through the IAA. This opportunity would be lost to Southampton by not being part of the IAA.

Date of Decision: January 7, 2025