Response 3900943

Response to request for information

Reference 

3900943

Response date

4 March 2026

Request

1. Whether any formal decision has been taken by the Borough Council to allocate Section 106 funding to this project, and what is meant by “confirmed allocation” in this context;
2. Whether any works associated with the scheme are being progressed in advance of planning permission;
3. How the Council considers its PSED obligations have been discharged in the absence of defined accessibility proposals; 
4. Whether the potential impacts on trees within a conservation area, and on protected wildlife, have been considered at any stage in relation to the project’s eligibility or progression.

Response

1. Whether any formal decision has been taken by the Borough Council to allocate Section 106 funding to this project, and what is meant by “confirmed allocation” in this context;
   • allocation of funds simply confirms that a project would be eligible for receipt of funding under the terms of the legal agreement, giving the infrastructure provider confidence to make financial commitments in further developing proposals and obtaining any other necessary approvals, including planning permission”. 

     To ensure the efficient use of public funds, allocation typically comes before a proposal is fully developed and worked up. Whilst the allocation confirms that the funding would be available for a project of a general nature, it does not imply that any proposal which comes forward will be acceptable in every respect or that funding will automatically be released for anything which comes forward.

2. Whether any works associated with the scheme are being progressed in advance of planning permission;
   • This information is outside of Rushcliffe Borough Council’s remit. Inquiries would need to be made with the Parish council as to what works are intended and when.
3. How the Council considers its PSED obligations have been discharged in the absence of defined accessibility proposals;
   • As set out above, allocation confirms eligibility only, it does not imply the acceptability of any proposal which should subsequently come forward. As previously advised via email on 20 November 2025: 
4. Whether the potential impacts on trees within a conservation area, and on protected wildlife, have been considered at any stage in relation to the project’s eligibility or progression.
   • The works being undertaken relate to a hedgerow formed of a line of conifers. Whilst hedges can be formed of tree species they are not subject to the controls applied to trees or woodlands. The removal of the conifer hedgerow does not require the permission or approval of the Borough Council, nor is it work which the council could prevent from taking place through a Tree Preservation Order, which hedges cannot be the subject of. Furthermore, a hedgerow retention notice cannot be served on hedgerows which are modern in origin or which border residential land both of which are the case here. 

     The bird nesting season is typically taken as beginning in March and as such undertaking works to trees or hedges during February is a common occurrence. Rushcliffe Borough Council is not undertaking the work and as such can provide no further information or comment.