Decision details

Decision:

That this Executive recommends to full Council meeting on 23 July 2024 the approval of:

1     Capital expenditure of £1,133,500 from existing development contributions to improve SANG capacity and improvement of the SANG access infrastructure at Riverside Nature Reserve and Parsonage Water Meadows, and

2     an additional staff resource of one Project Manager Post for project delivery.

Reason(s):

1.            Officers consider the project proposal the most efficient option to maintain SANG capacity to mitigate the recreational pressure resulting from the developments the SANG contributions have been collected from.

2.            The project will deliver necessary works to achieve health and safety compliance under the Occupiers Liability Act 1957.

3.            The delivery of the project will provide added benefits to the Council by demonstrating compliance with the public duties for biodiversity under the Environment Act 2021 and the duties under the Equality Act 2010.

Other options considered and rejected by the Executive:

1.       Do essential safety works only when they occur:

Officers consider that this approach would put the Council at risk of not providing mitigation in perpetuity in accordance with the reason for the payment of the contributions and would not mitigate the recreational pressure resulting from development.

Reason: Significant infrastructure replacement is currently required to fulfil the Occupiers Liability Act 1957 and SANG requirements representing approximately 90% of the cost estimate. Officers consider this approach would carry a risk of insufficient resourcing to deliver the infrastructure replacement in the required timescale, putting the Council at risk of repayment of developer contributions.

2.       Do nothing:

Do nothing will eventually require the Council to close sections of the SANG for safety reasons resulting in non-compliance with the Habitats Directive, and risk of developers seeking repayment of contributions.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

Councillor Potter declared a non-pecuniary interest against Item 5 as the Riverside SANG was part located in the ward he represented. Councillor Potter confirmed this would not affect his objectivity in determining the matter.