URL: https://easthants.moderngov.co.uk/ieDecisionDetails.aspx?ID=424

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To appoint on behalf of the council, using already secured CIL funding, an external service provider to carry out its legal duties as a competent authority under the Habitats Regulations 'Strategic Access Management & Monitoring (SAMM) requirements for the Wealden Heath Phase II Special Protection Area (SPA) which comprises Bramshott Common, Ludshott Common, Longmoor Inclosure, Woolmer Forest and Shortheath Common SAC'. The initial contract commitment is two years, followed by a 1 year optional extension then followed by another 1 year optional extension making a maximum total of four years, after which the contract is reviewed.  

Content: To appoint on behalf of the council, using already secured CIL funding, an external service provider to carry out its legal duties as a competent authority under the Habitats Regulations 'Strategic Access Management & Monitoring (SAMM) requirements for the Wealden Heath Phase II Special Protection Area (SPA) which comprises Bramshott Common, Ludshott Common, Longmoor Inclosure, Woolmer Forest and Shortheath Common SAC'. The initial contract commitment is two years, followed by a 1 year optional extension then followed by another 1 year optional extension making a maximum total of four years, after which the contract is reviewed.   It was RESOLVED that the Cabinet approved:     a.     The procurement of an external provider via an open tender process, with a 2 + 1 + 1 structure and the ability for either party to terminate after year 2 subject to the agreed terms and conditions.   b.    Authorisation to enter into the successful contract be delegated to the Executive Director of Operations and that the allocation of S106 funding for the cost of the contract (see Appendix 1 Exempt) be delegated to the Whitehill & Bordon Portfolio Holder and the Executive Director of Operations in consultation with the Council’s Monitoring Officer and S151 Officer.   c.     Delegate authority to the Principal Policy Planner to finalise the specification, use the tender, evaluate the bids in accordance with the stated methodology, and award the contract to the chosen tenderer.   d.    Note that the contract will be funded from the ring-fenced Section 106 developer contributions collected to deliver the SAMM in perpetuity for Whitehill & Bordon, with no additional General Fund budget required.   Reasons for the decision   To seek approval to procure and award a 4-year contract with a 2 + 1 + 1 structure (1 June 2026 – 31 May 2030) for the continued delivery of the Whitehill & Bordon Strategic Access Management and Monitoring (SAMM) measures for the Wealden Heaths Phase II Special Protection Area (SPA), Woolmer Forest and Shortheath Common Special Areas of Conservation (SAC) which is funded by existing developer contributions.   Alternative Options Considered   Option 1 Do Nothing   If the council did not procure a new SAMM provider and let the service lapse after March 2026, the council would fail its legal duties under the Habitats Regulations and existing planning obligation agreements (because SAMM is required mitigation for new development as part of the Whitehill & Bordon strategic allocation); this would expose the council to legal challenge, reputational damage and environmental harm. This is not a viable option and carries a high legal and environmental risk.   Option 2   In-House (staff to provide the service.) The council would recruit staff to act as rangers, ecological monitors, engagement officers and project managers. The service requires specialist ecological expertise, equipment and capacity the council does not have. It would likely require significant new staffing and training costs. The project covers multiple landholdings and specialist surveys which require external accredited ecologists. This option would be costly, high-risk and resource-intensive and does not represent best value.   Option 3   Procure an External Provider (Recommended Option) Provides the specialist skills and capacity needed for ecological monitoring, seasonal ranger work, engagement and site management. Ensures continuous legal compliance with the Habitats Regulations and existing planning obligations agreements, and is fully funded by those existing ring-fenced Section 106 contributions. This is the lowest risk, most cost-effective and legally robust option.

Date of Decision: April 9, 2026