Habitat mitigation contribution payments

Proposals for residential development within 7km of the South Pennine Moors SPA/SAC are likely to have a significant effect on the SPA/SAC in terms of increased recreation use, either alone or in-combination with other proposals. 

On that basis, any new residential development within this 7km zone of influence, known as Zone C, will be required to mitigate the effects of the development and show how this will be achieved prior to approval of planning permission. This mitigation can either take the form of a development contribution or the provision of an area of Suitable Alternative Natural Greenspace (SANG). 

The Bradford Biodiversity Assets Map can be used to identify if an application site is located within Zone C.

Types of development that require habitat mitigation contributions?

Habitat Mitigation Contributions are required for any development within Zone C of the South Pennine Moors SPA/SAC Zones of Influence, that results in a net increase in residential units (or certain other types of development).

They are required to be submitted as part of the application for the following proposals:

• Net additional dwellings (including changes of use)
• Retirement dwellings intended for permanent residence, (including but
  not exclusively non-mobile park homes, and lodges/chalets) (Use Class C3)
• Residential accommodation and care to people in need of care (use class C2)
• Residential school, college or training centre (use class C2)
• Use of a dwelling house by not more than six residents as a ‘house in multiple occupation’ (HMO) (use class C4)
• Houses in multiple occupation with over 6 residents
• Gypsies and traveller pitches
• University managed student accommodation
• Use as a hotel or as a boarding or guest house (use class C1)
• Self-contained holiday accommodation, caravan and touring holiday
  accommodation
• Residential ('granny') annexe

This includes the following types of application:

• Full planning permission
• Outline Permission with all reserved matters
• Outline permission with some reserved matters
• Reserved Matters (where we did not address habitat mitigation at the outline stage)
• Variation of conditions
• Applications for Prior Approval for new dwellings

More information about the validation requirements for these applications can be found at Local Requirements - Assessment under Policy SC8 of the Bradford Core Strategy DPD

How much is the contribution?

The required contribution is £375.61 per residential unit. 

This sum is index linked using the Retail Price Index (RPI) and will be subject to regular review.

Payment options

Mitigation payments can be made by unilateral undertaking or payment in advance for: 

• Developments of 1 to 9 residential units
• Major developments where there are no other Section 106 planning obligation requirements

In all other circumstances a S106 Agreement will be required.

Unilateral Undertaking

You can enter into a Unilateral Undertaking under S106 of the Town & Country Planning Act 1990 to secure the future payment of the contribution. The completed undertaking should be submitted with the planning application. This option should be used where the number of dwellings proposed is not known.

The Council has prepared a standard unilateral undertaking template that will require payment to be made upon commencement of the development. There is a standard administrative and monitoring charge for all undertakings.  

More information about the requirements for unilateral undertakings can be found at how to prepare a unilateral undertaking.

Please note that this legislation does not permit the submission of unilateral undertakings or S.106 agreements with prior approval applications. An advance habitat mitigation contribution payment must be made for these applications.

Advance Habitat Mitigation Contribution payment

If you would rather pay the habitat mitigation contribution in advance you can make payment in full for the number of dwellings proposed, when you submit your planning application, under the provisions of S.111 of the Local Government Act 1972. 

You will also need to complete the Habitat Mitigation Agreement Payment Form (Word, 47 Kb) to confirm that you understand the terms and conditions of payment.

Payments can also be made by telephone on 01274 434605 during normal office hours and we will then send you a copy of the agreement to complete and return to us.

There is no administration fee for making this payment. Advance payments are refundable in the event planning permission is refused, an appeal is dismissed, or the development is not implemented.

Section 106 Agreements

For developments with a net gain of 10 or more new dwellings the most appropriate route for securing the tariff will normally be via a Section 106 Agreement.

In this case you should submit a Heads of Terms for the S106 Agreement, including the Habitat Regulations mitigation contribution.