Local Plans
The new PPS sets a series of Key Planning Objectives which regional planning bodies and local planning authorities have to build in to their spatial strategies. These objectives include securing ‘the highest viable resource and energy efficiency and reduction in emissions'. To achieve these objectives spatial strategies must apply a range of principles including the following:
- ‘the proposed provision for new development, its location and design should be planned to limit carbon emissions;
- new development should be planned to make good use of opportunities for decentralised and renewable or low carbon energy' (p10)
Climate change is now a key and an integrating theme of the Regional Spatial Strategy which now has to
- focus on major new developments to achieve housing targets on locations with access to good public transport and where energy can be gained form decentralised energy supply systems;
- set regional targets for renewable energy generation in line with Planning Policy Statement 22 Renewable Energy (2004) and strategic targets for large scale housing provision whilst also setting ones which cutting energy emissions; and
- identify the potential to build into new and existing development more efficient means of energy supply and increasing contributions from renewable and low carbon sources
The local development planning system is in a state of transition. The new system of spatial planning, introduced by the Planning and Compensation Act 2004, is being phased in as planning authorities develop their Local Development Frameworks which will provide an up-dated framework for housing development.
Local Development Frameworks
In accordance with PPS 12 Local Development Frameworks 2004 each Local Planning authority is preparing a ‘folder' of planning policy documents called Local Development Documents - in three main categories.
- Development Plan Documents (DPDs)which are assessed by independent inspectors
- The Core Strategy - overall vision and planning strategy - broad principles rather than specific issues or proposals for specific site.
- Site specific allocations - specific land use allocations that will be used to implement the Core Strategy.
- Area Action Plans - the framework for the implementation of proposals in areas of substantial change - new development or regeneration.
- The Proposals Map shows the policies and proposals of the above DPDs that apply to specific geographical locations - amended every time a DPD containing a site specific policy or development proposal is adopted.
- Supplementary Planning Documents (SPDs)which do not include policy but explain the evidence for and details of policies set out in DPDs.Statement of Community Involvement which sets out the council's approach to stakeholder involvement in plan preparation.
- In developing their Core Strategy and supporting Local Development Documents planning authorities are now expected to give a high priority to policies which provide a framework for reducing carbon emissions from development and for maximising the supply of energy from renewable and low carbon sources.
Selecting land for development
Planning authorities are to take into account a wide range of sustainability issues including;
- the capacity of existing infrastructure to service the site or area in ways which are consistent with cutting carbon dioxide emissions ands successfully adapting to changes in local climate - this includes water supply, sewage and sewerage, waste management and community infrastructure such as schools and hospitals; and
- the extent to which the energy for the development can be supplied from existing or planned opportunities for decentralised and renewable or low carbon energy.
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Local requirement for sustainable buildings
Planning authorities are required to help to achieve the national timetable for the reduction of emissions from domestic and non-domestic buildings. Therefore they should support innovation and investment in sustainable buildings and should not deter novel or cutting edge buildings, unless there are exceptional circumstances.
Planning authorities may set local standards of sustainability which are in advance of (higher) than those set nationally, but they must
- be able to demonstrate clearly the local circumstances that warrant and allow this e.g. where there are clear opportunities for significant use of decentralised and renewable or low carbon energy;
- focus local standards on a development area (such as an urban extension or town centre) or site specific opportunities; and
- in the case of housing specify the standard required in terms of a specific level of the Code for Sustainable Homes, or at the energy standard of a specific level of the Code;
- ensure that the requirement is consistent with their policies on decentralised energy ; and
- not require specific construction techniques, building fabrics, products, fittings or finishes, unless for reasons of landscape or townscape
Local requirements for decentralised energy to supply new development
All planning authorities are now required to set local requirements for de-centralised energy to supply new developments. This builds on the experience of the Merton rule and the work done by local planning authorities to establish policies within the context of PPS 22 and the Merton Rule.
Planning Policy Statement 22 Planning for Renewable Energy (PPS22) 2004 sets out the Government's policies for renewable energy, which planning authorities should have regard to when preparing local development documents and when taking planning decisions. Para 8 sets out a key policy for local renewables.
8. Local planning authorities may include policies in local development documents that require a percentage of the energy to be used in new residential, commercial or industrial developments to come from on-site renewable energy developments. Such policies:
(i) should ensure that requirement to generate on-site renewable energy is only applied to developments where the installation of renewable energy generation equipment is viable given the type of development proposed, its location, and design;
(ii) should not be framed in such a way as to place an undue burden on developers, for example, by specifying that all energy to be used in a development should come from on-site renewable generation.
Planning for Renewable Energy: A Companion Guide to PPS22 2004 discusses the planning and development of renewable energy schemes across England. It provides detailed guidance on the framing of policies and a considerable number of good practice examples of on-site renewable energy schemes.
Review of Planning Policy Statement 22: Renewable energy policies in emerging development plans June 2006 In March 2006 the ODPM (now Communities and Local Government) examined 121 emerging development plans that had been referred to Government Offices in accordance with statutory requirements. to determine whether emerging plans contained a policy that reflected paragraph 8 of PPS2 concerning on-site micro-regeneration.
- Between PPS22 being published in August 2004 and March 2006 121 emerging development plans have come forward in England.
- 29 of these were new style plans where a policy reflecting paragraph 8 of PPS22 could reasonably be expected.
- 90% of those new-style plans (26 out of 29) did include a paragraph 8 policy.
- A further 13 old-style plans also included paragraph 8 policies
The Merton Rule
Of English planning authorities, by September 10th 2007,
- 30 had fully adopted the rule
- 67 had included it in a draft LDF/Supplementary Planning Document
- 63 were actively progressing the adoption of the rule
- 13 were assessing the feasibility of adopting the rule
Because of the Merton Rule a growing proportion of new housing development has provided 10% of its energy on site from renewables.
By definition the more energy efficient the design of the dwelling is the smaller the 10% has to be. The rule is also an incentive for energy efficient design.
The new PSS on Climate Change requires local authorities to:
- set out a target percentage of the energy to be used in new development to come from de-centralised and renewable or low carbon sources where it is viable, but the target should not prescribe specific technologies and should be flexible in how carbon savings are secured from local energy sources;
- bring forward higher development area or site specific targets where there where there are appropriate opportunities for access to decentralised and renewable or low-carbon energy sources;
- set out the type and size of development to which the target will be applied; and
- ensure that there is a clear rationale for the target and that it is properly tested.
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Testing Local Requirements
The PSS states that any policy relating to local requirements for sustainable buildings or for decentralised energy supply
‘..should be set out in a Development Plan Document, not a Supplementary Planning Document, so as to ensure examination by an independent Inspector.'
Planning authorities must
- ensure that their requirements are evidence-based and viable - in relation to overall development costs;
- demonstrate that their proposals for development area or site specific housing developments does not inhibit the achievement of house building targets
- show how they will advise potential developers on the implementation of the local requirements and how these will be monitored and enforced.
