AC-2024-LDS-000251 - [2025] EWHC 2256 (Admin)

From 27 February 2025 onwards, therefore, the combined effect of SPO (1) and SPO (2) is to provide as follows:

“3.1

The Owner covenants with the Council that notwithstanding Clause 3.2 of the Original Agreement the Owner shall not begin the Development (within the meaning of Section 56 of the 1990 Act) or otherwise undertake any works associated with the Development including the works identified as ‘enabling works’ in Condition 1 of the Planning Permission or otherwise commence clearance of hedgerows, trees and shrubs, or any other features of potential ecological importance within the Site, until:

3.1.1

up to date and comprehensive ecological surveys (including surveys of protected species) as required by condition 24 of the Planning Permission have been carried out and submitted to the Council; and

3.1.2

details of measures to protect any habitats to be retained within the Site during construction works (including site clearance and enabling works) have been submitted to and approved in writing by the Council; and

3.1.3

the Biodiversity Assessment required by paragraph 2.1 of Schedule 5 of the Original Agreement has been undertaken and submitted to the Council and approved by the Council in writing.

3.2

The Owner covenants with the Council to comply with the measures approved pursuant to paragraph 3.1.2 of this Deed.

3.3

For the avoidance of any doubt the Owner and the Council agree that the reference to ‘the pre-development biodiversity value’ in the definition of ‘Biodiversity Assessment’ in paragraph 1.1 of Schedule 5 of the Original Agreement is and shall be interpreted as a reference to the biodiversity value of the Site prior to the earlier of i) the beginning of the Development (within the meaning of Section 56 of the 1990 Act), ii) the undertaking of any works associated with the Development including the works identified as ‘enabling works’ in Condition 1 of the Planning Permission, and, iii) the commencement of the clearance of hedgerows, trees and shrubs, or any other features of potential ecological importance within the Site.”