Agenda item

To deal with any questions on notice from Members of the Council, in the order in which they have been received.

A period of up to 15 minutes is allocated for the asking and answering of questions.  This may be extended at the discretion of the Chairman with the agreement of the majority of those present.

A single supplementary question may be asked by each Councillor scheduled to ask a question on notice at this meeting.  The supplementary question must be based on the original question or the answer provided to that question.

The Chairman advised that four questions on notice had been received for this meeting. 

Question submitted by Councillor D. Nicholl

“Bromsgrove District is home to a rich and diverse range of plants, shrubs, and trees. Does the portfolio holder agree with me that we should be doing everything in our power to protect and enhance the biodiversity in our district, and could they confirm what planning tools they intend to use to ensure this happens?”

The Cabinet Member for Planning and Regulatory Services responded that “The Bromsgrove District Plan contains policy BDP21 Natural Environment and BDP 24 Green Infrastructure, which are used alongside the National Planning Policy Framework to ensure that the District’s biodiversity is protected and enhanced by the planning system. The approach of the Development Management team is to ensure that mandatory Biodiversity Net Gain (BNG) is secured, when required. BNG requires a minimum 10% biodiversity gain calculated using a Biodiversity Metric and approval of a biodiversity gain plan. BNG became mandatory for major applications submitted as of 12th February 2024 and for applications for small sites, submitted as of 2^nd April 2024.”

Councillor Nicholl asked a supplementary question about whether the Council could compare the metrics on biodiversity used to those of neighbouring Districts.  The Cabinet Member responded that there was no need to compare the District to others.  

Question submitted by Councillor S. Robinson

“As the local planning authority, please could the portfolio holder tell me what role Bromsgrove District Council has in making sure that unregistered land is adequately maintained to prevent issues such as blocked drains or other nuisances?”

The Cabinet Member for Planning and Regulatory Services responded that unregistered land did not mean that the land did not have an owner but that it had not been registered for 70 years.  The Council did not have a specific role.  However, there were circumstances in which the Council could take action to establish who owned the land if it was in the wider public interest, but this would depend on the specific circumstances of each case.   

Councillor Robinson asked a supplementary question about who would be ultimately responsible for repairs or issues affecting safety in areas of land where the Council was not sure who the owner was.

The Cabinet Member replied that the Council would endeavour to find the owner of the land.  If public safety was involved this would potentially be a District or County Council issue.  

Question submitted by Councillor J. Robinson

“Residents across Bromsgrove have been asking when the new homes on Burcot Lane will be occupied. Can the portfolio holder please confirm what the hold-up has been and when they expect to see the first homes occupied?”

The Cabinet Member for Strategic Housing and Health and Wellbeing replied that the Council had issued all contracts and transfer documents to BDHT for the sale of the affordable housing to be completed and was waiting on BDHT to finalise their due diligence in the matter. Officers were in regular contact with BDHT to ensure this matter was concluded without delay. This would then enable Spadesbourne Homes to lease the remaining properties and estate management responsibilities.  The Cabinet Member confirmed that the first open market sale property was due to complete on the 25^th April. The Council had accepted offers on 3 other open market dwellings and was working with Solicitors to bring these to completion.

Councillor Robinson asked a supplementary question that barriers around the site were removed to improve the appeal of the site. The Cabinet Member replied that these would be removed as the first sale was completed.

Question submitted by Councillor R. Hunter

“Could the cabinet member please inform me if there are any laws or regulations to prevent tree felling during bird nesting season and what powers does Bromsgrove District Council have, planning or otherwise, to enforce these?”

The Cabinet Member for Environmental Services and Community Safety replied:

“The Wildlife and Countryside Act 1981 protects nesting birds and other protected species, though it isn’t to prevent the felling of a tree per se, although it may indeed stop the removal of a tree until a nesting bird is gone.

Unfortunately, Bromsgrove District Council do not have any powers to act or enforce the Act.  This would be a matter for the police or a wildlife inspector as sanctioned by the Department of the Environment, Food and Rural Affairs (DEFRA).

Tree Preservation Orders (as part of the Town and Country Planning Act 1990 and within the Town and Country Planning (Tree Preservation (England) Regulations 2012) are made by the local planning authority to protect specific trees, groups of trees or woodlands. Anyone that is in contravention of an Order by damaging or carrying out work on a tree protected by an Order without prior permission from the local planning authority is guilty of an offence and may be fined.”

Councillor Hunter asked a supplementary question about whether Councillor Whittaker supported the submission to make a tree preservation order on a poplar tree on Stratford Road.  Councillor Whittaker responded that he would provide a written response to Councillor Hunter.