Biodiversity Net Gain - LPA Over-reach

[LnP]

My wife and I have a planning application in the system which has been received and confirmed valid by the LPA. The application was made on our behalf by a planning consultant, who is very experienced and knows his stuff. As allowed by the regulations, we claimed exemption from having to demonstrate biodiversity net gain on the ground that it is a self build.

 

The LPA are concerned that we might be cheating and that it is not a self build. Initially they asked my wife and I for a letter saying we're building the house for ourselves and will live in it, which we did. In the meantime, they have decided as a matter of policy that all self builders claiming exemption from BNG will have to enter into a Unilateral Undertaking with the following terms:

• we have to pay their legal costs to execute the undertaking and they don't say how much that will be;
• if there is a mortgage, the mortgagee has to sign the undertaking as well;
• they will put a charge on our house;
• we cannot dispose of the property for 3 years.
• the only get out is that in the event of a "change in our circumstances", the council may "act reasonably" to release us.

 

I think this is outrageous over-reach on the part of the council and it raises all kinds of issues. What happens if my wife and I need to go into care and need to sell the house fund it? What happens if one of my children who does not live nearby has a problem with childcare and we decide to move closer to help? What happens if we die? What will mortgage companies make of this?

 

Anybody any thoughts or experiences on this?

 

Maybe we just swallow the ~£1500 for an ecologist to do the study and whatever the requirements are to achieve the 10% net gain. Our project is to demolish an existing 1960s bungalow, so the baseline will be low and things we would anyway have done will probably achieve the required gain.

 

Edited 4 hours ago by LnP