The Section 106 Agreement with West Berkshire Council, which also permits the sale of off-site BNG units attributed to Sulham Woodmeadows, was exchanged earlier this month.
We have advised the Sulham Estate on the terms of a Section 106 Agreement with West Berkshire Council relating to the creation and enhancement of the habitat at Sulham Woodmeadows. Sulham Woodmeadows, which comprised 130 hectares of arable land until it was converted into a wildlife haven, now has over 80ha of species-rich grassland, 56,000 trees and 36,000 hedgerow plants. A resurgence in species has already been recorded including the successful nesting of Lapwing, a red listed bird species, in a newly constructed area of wetland habitat.
The provisions of the Environment Act 2021 make it mandatory for land developers to deliver BNG of at least 10% for development sites in England. When this cannot be achieved on site, developers must look to secure BNG units off-site. The exchange of the Section 106 Agreement for Sulham Woodmeadows confirms the Council’s approval to the Habitat Management and Monitoring Plan for Sulham Woodmeadows, and permits the sale of the BNG units (derived from the “natural capital” of the site), which is attributed to it.
Hazel Eccles, Head of Agriculture and Rural Land team, and Laura Czapski, a Legal Director in our Agriculture and Rural Land team, led the transaction.
BioCap has project managed the design and creation of the habitat and is now working with Sulham Estate to implement a 30 year Habitat Management and Monitoring Plan with the aim of trading the resultant BNG units. You can follow progress and contact them via their website: https://www.biocap.org.uk/sulham
