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

That first supplementary planning obligation is dated 19 December 2024 (SPO (1)). It is a further section 106 agreement. Clause 3 contains supplemental covenants of the developer, as follows:

“3.1.

The Owner [developer] covenants with the Council [LPA] 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 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.”