Recently, the Bath and North East Somerset (BANES) Local Plan partial update was taken to Examination in Public. Following this, the inspector’s report was released, including some useful information with regards to energy standards, which will no doubt provide valuable guidance for those working to improve net zero carbon policies in local plans.
“The inspector discusses the energy intensity metrics, but finds that they are justified, not inconsistent with national policy, and recognises that they have been shown to be deliverable and viable by the background evidence base for the Plan…The inspector does not raise any questions about the requirement for 100% renewable energy”, noted Marina Goodyear, Project Manager at Bioregional.
The inspector’s comments against BANES are a positive step towards adopting planning policies that can deliver energy-efficient, zero-carbon homes. This is an encouraging development for local authorities who want to reduce their carbon emissions from new development faster than the Government timelines set out, and places greater powers with local authorities to make decisions and enact change at a local level.
The plan-led system should allow local authorities to tackle the issues which affect their districts the most, and the positive examination here – in Bath and North East Somerset, and in Cornwall, are examples where the issue of climate change is at the forefront of planning policy.
Report extract on ‘Policy SCR6 Sustainable Construction Policy for New Build Residential Development’:
81. One of the tests of soundness is that local plans are consistent with national policy – enabling the delivery of sustainable development in accordance with the policies in the NPPF and other statements of national planning policy, where relevant.
82. The WMS 2015 sets out the government’s expectation that plan policies should not be used to set conditions on planning permissions with requirements above the equivalent of the energy requirement of Level 4 of the Code for Sustainable Homes. The Government amended Part L of the Building Regulations in 2021 (now in force) in respect of energy efficiency standards, to a level which exceeds that in Level 4 of the Code for Sustainable Homes (Part L 2021 is a 31% reduction over Part L 2013 and Code for Sustainable Homes Level 4 is a 19% reduction over Part L 2013).
83. The change in Part L of the Building Regulations is an interim measure in the implementation of the Future Homes Standard, with which the Government has stated from 2025, will deliver homes that are zero-carbon ready. The change in the Building Regulations is part of Government action to meet its legal commitment to bring all greenhouse gas emissions to net zero by 2050 (The Climate Change Act 2008 (2050 Target Amendment) Order 2019).
84. The WMS 2015 has clearly been overtaken by events and does not reflect Part L of the Building Regulations, the Future Homes Standard, or the legally binding commitment to bring all greenhouse gas emissions to net zero by 2050.
85. I therefore consider that the relevance of the WMS 2015 to assessing the soundness of the Policy has been reduced significantly, along with the relevant parts of the PPG on Climate Change, given national policy on climate change. The NPPF is clear that mitigating and adapting to climate change, including moving to a low carbon economy, is one of the key elements of sustainable development, and that the planning system should support the transition to a low carbon future in a changing climate. Whilst NPPF154b sets out that any local requirements for the sustainability of buildings should reflect the Government’s policy for national technical standards, for the reasons set out, that whilst I give the WMS 2015 some weight, any inconsistency with it, given that it has been overtaken by events, does not lead me to conclude that Policy SCR6 is unsound, nor inconsistent with relevant national policies.
86. I am satisfied that the energy efficiency standards set out in Policy SCR6 are justified and that they would not threaten deliverability or viability of housing development. Policy SCR6 should be amended so that the requirements for energy assessments are clear and that offsetting contributions would be sought where consistent with the legal tests for planning obligations.”
View the full report on the examination of the Local Plan (core strategy and placemaking plan) partial update.
Here at Edgars, we welcome local authorities, interest groups, developers or technical consultants who are seeking to explore the possibility of delivering low or zero-carbon development to get in touch with us on 01865 731700 or email enquiries@edgarslimited.co.uk. Our team of expert planners are always looking for ways to collaborate and support the transition to a low-carbon future.
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