Agenda item

Request for approval of Plans and Specifications under condition imposed by paragraphs 2 and/or 3 to Schedule 17 to the High Speed Rail (London - West Midlands) Act 2017 for works comprising the erection of a bat house.

Recommendation: Approval

RESOLVED: That the application be approved, subject to the following informative:

1.    The proposed development includes measures relating to protected species. The proposals must be designed in accordance with any relevant protected species licence and ecological standards for the project.

Request for approval of Plans and Specifications under condition imposed by paragraphs 2 and / or 3 to Schedule 17 to the High Speed Rail (London – West Midlands) Act 2017 for works comprising the erection of a bat house.

Officers introduced the application noting that the erection of a bat house was intended to offset the harm to bat populations in the local area resulting from the demolition of Dews Cottages. The proposed bat house was considered to be an appropriate habitat for bats; it would be a sizeable structure located near to woodland. The recommendation was to approve the application subject to a non-standard informative.

The Borough Solicitor addressed the Committee stating that this was a straightforward application submitted by HS2 under paragraph 2 of Schedule 17 of the High Speed 2 Act. Members were informed that, in July 2020, the Court of Appeal had issued a judgement in relation to a Schedule 17 paragraph 3 application dating back to 2018. The Court of Appeal had offered some useful guidance as to how to interpret Schedule 17. It had been confirmed that local authorities were only obliged to determine an application if High Speed 2 Ltd had provided sufficient information in support of it. In this case, sufficient information had been provided and therefore it would be legitimate for the Sub-Committee to determine the application.

In respect of this application, the Borough Solicitor confirmed that there was a legal requirement for developments consisting of building works to be carried out in accordance with plans and specifications approved by the Council. The application could only be refused on one or more of the usual statutory grounds set out in paragraph 2 of Schedule 17 none of which applied in this case. Members were advised that the Sub-Committee could therefore lawfully approve this application.

Members were pleased to note that the proposed bat house would not be maintained by the local authority. In response to questioning from the Sub-Committee in respect of timescales, it was confirmed that the bat house would be constructed as soon as permission had been granted. The cottages would be demolished at the beginning of 2021. It was noted that the bats would not necessarily relocate to the bat house, but the proposed bat house would offset the harm to bat populations resulting from the HS2 works. Members enquired whether a Condition could be added to ensure that the bat house was completed prior to the demolition of the cottages. It was confirmed that this would not be appropriate given the lack of a direct link between the erection of the bat house and the demolition of the cottages. An informative could be imposed but this could not be enforced in the same way as a Condition.

The Sub-Committee agreed that, in light of legal advice, there were no grounds to add conditions. The officer’s recommendation was therefore moved, seconded and, when put to a vote, unanimously agreed.

RESOLVED: That the application be approved, subject to the following informative:

1.    The proposed development includes measures relating to protected species. The proposals must be designed in accordance with any relevant protected species licence and ecological standards for the project.