Dorset Council provides clarity on nitrate mitigation for RM applications, Discharge of pre-commencement applications and S73 applications, relating to planning permissions granted prior to 1st July.
After seeking clarification on behalf of their clients, Chapman Lily Planning has obtained advice direct from Mike Garity (Dorset Council Head of Planning Economic Growth and Infrastructure) who yesterday helpfully confirmed in an email to our Director Brett Spiller that; ‘we (Dorset Council) will be taking a pragmatic approach with those applications granted prior to the cut-off date – this would mean if we were satisfied that appropriate mitigation was secured via CIL to avoid any adverse impact on the integrity of the habitats, we will continue to operate on this basis for subsequent discharges of conditions, reserved matters etc. There is a caveat that we will obviously need to ensure there would be no changes would increase nitrogen loads beyond the agreed necessary mitigation.’
Brett Spiller (Director) explained; I am incredibly indebted to Mike and the team at Dorset Council for responding to my request for clarification so swiftly and positively – the Councils position will be of some comfort to clients who need to make changes – as is often the case – to schemes after initial approval, reserved matters applications and discharges of planning conditions granted prior to the 1st July 2024 cut-off date. (After this date, planning approvals will need to obtain mitigation for nitrates in the Poole Harbour catchment area by securing credits via the Natural England mitigation scheme or by providing their own bespoke scheme). Should you need advice or clarification on this matter please contact us.
