The Council will by all possible means work towards meeting national and local carbon budgets aligning with the Paris Agreement and minimise our contribution towards further global warming. In supporting this goal, all developments which propose the construction of new homes or nonresidential floorspace will be required to submit an Energy and Carbon Statement to the local planning authority for approval and implementation, demonstrating how they fulfil the principles of the energy hierarchy set out in 1 (a-e) and meet the minimum standards set out in 2 (a - d).

1. Development proposals should achieve these carbon reductions broadly in compliance with the following Energy Hierarchy strategic principles by demonstrating that they:
   1. Minimise transport emissions in relation to location;
   2. Minimise the demand for energy, and maximise efficiency with a fabric first approach to construction;
   3. Ensure in-use performance is as close as possible to designed intent;
   4. Maximise the proportion of energy from low carbon or renewable sources; and
   5. Make efficient use of materials
2. Minimum standards - The carbon emission reduction requirements will apply at the date of commencement of each new phase of development on major development sites or the first new dwelling on minor development. All new residential development will meet the following standards:
   1. Minor Residential scheme (up to 9 homes):
      1. From 1st January 2025 to 31 December 2027: Achieve a minimum 75% reduction in carbon emissions against Part L of the Building Regulations 2013 with a preference for to be achieved through a reduction in energy consumption via a fabric first approach
      2. From 1st January 2028: Achieve net zero carbon emissions using the approach set out in the energy hierarchy
   2. Major residential scheme (10 or more homes):
      1. From plan adoption 1st January 2025 to 31 December 2027: Achieve net zero carbon emissions using the approach set out in the energy hierarchy. This requirement will not apply to extant allocations and pre-existing planning permissions which commence prior to 1st January 2028.
   3. Major Non-Residential New Build Development including offices, retail, hotels, cinemas, residential institutions, schools and relevant occupied areas within industrial, employment and agricultural buildings, will be required to meet the most up to date BREEAM 'Excellent' standard. Where the 'Excellent' Standard cannot be achieved, evidence must be submitted with an application to the satisfaction of the Council. The BREEAM 'Very Good' standard must be met as a minimum. All large buildings with a roof area over 200 sq m should include a solar PV array to minimise the need for energy generation infrastructure on greenfield sites.
   4. Conversion of Existing Buildings: Where existing structures are being converted to new uses, which will also result in a change in the energy status* of the building, the Energy and Carbon Statement must show that energy demand has been reduced to the lowest practical level using energy efficiency measures, heating/cooling systems have been selected for their energy performance and that on-site renewable energy will be installed unless evidenced to be unfeasible. Where it is not feasible or viable to deliver carbon reduction requirements on-site, methods such as off-site provision will be considered. This will need to be through a specific deliverable proposal or financial contributions to a Teignbridge approved carbon offsetting fund.
3. Future Changes to National Requirements: In the event that national building regulations are updated or there is any change in planning policy or legislation which require higher standards to be met than those set out in the Local Plan, these will supersede the local policy requirement. Any change in the implementation of this policy will be set out in further guidance published by the Council. (*Change to energy status as defined in regulation 2(1) of the Building Regulations 2010 or most up to date version).

CC2 section 2.16

We welcome the inclusion of more specific details encouraging the inclusion of 'whole life' emissions. We note that in the intervening period a new overarching resource has been published, the Built Environment Carbon Database (BECD). On 5th October this year, 2 databases (both free to use) have been released to cover the construction industry covering:

• Construction materials and products.
• Projects - developers submit LCAs to the database through development to build a comprehensive picture of construction projects.

BECD is supported by RICS and most other professional bodies related to the construction industry. A free to use calculator for construction LCAs to get SMEs on board has also been announced. We propose that 2.16 should also encourage developers to submit an LCA to the BECD projects database.

Matter 5 - Climate Change

Issue 5 - Whether the plan is positively prepared, justified, effective, and consistent with national policy in respect of its climate change policies (Policies CC1 - CC7).

• Q5.2 Is Policy CC2 justified, effective and consistent with national policy? In particular:
  1. What evidence supports the policy approach to energy and carbon statements? What does it say?
  2. Do the policy's minimum standards go beyond the relevant current and future Building Regulations and Future Homes Standard? If so, is there a well-reasoned and robustly costed rationale including in respect of development viability and housing supply and affordability?
  3. Is the policy consistent with the national position towards achieving net zero and the expectations of the Government's Written Statement “Planning - Local Energy Efficiency Standards Update” made on 13 December 2023?

• See Planning statement references for more discussion of the 13/12/2023 WMS.
• In order to meet the XXth carbon budget rapid electrification using Net-Zero generation is required. In order to do this within achievable electricity network capacity buildings will need to achieve net zero energy use,
• The government's plan for net zero has been found twice to be unlawful:
  • Case 1 - look up reference
  • Case 2 - look up reference

CC6 - What the plan currently says

1. To contribute towards renewable energy provision and tackling climate change, wind turbine development will be supported within the areas on the sites identified as suitable in this plan, subject to consideration of the following:
   1. The value of the scheme in improving local energy security and contributing to our district wide renewable energy supply ambitions;
   2. Direct benefits to the area and local community;
   3. Level of community support;
   4. Conserving or enhancing landscape character, with particular regard to the setting of Dartmoor National Park, informed by a landscape visual impact assessment and taking account of an assessment of cumulative impacts;
   5. Avoid, minimise and mitigate impacts on the significance of heritage assets and their settings, as informed by a site-specific heritage impact assessment including visualisations where these are required to properly understand impacts;
   6. Minimising impacts on landscape character and heritage assets through a consideration of appropriate densities, heights, layouts, and specific locations within the wider areas identified on the Policies Map;
   7. Avoidance of negative direct, indirect and cumulative impacts on biodiversity and geodiversity (including priority habitats); flood risk and water quality; and permanent loss of best and most versatile agricultural land;
   8. Avoid or adequately mitigate adverse impacts on residential amenity and highway safety, including shadow flicker and noise;
   9. Avoid and adequately mitigate adverse impacts on aviation and telecommunications including radar; and
   10. All proposals must demonstrate they would not adversely affect the integrity of a European Wildlife Site.
2. Proposals should include a Construction and Environment Management Plan to manage potential impacts.
3. Planning conditions will be applied to require turbines to be dismantled and removed from the site, and the site restored to its former (or an improved) condition, once the turbine is no longer in economic use.
4. 'Repower' proposals to replace existing turbines with new turbines will be supported in principle.
5. The following areas are identified as suitable allocated for wind turbine development as shown on the Policies Map at:
   1. Area Site 3: North East of Holcombe Burnell
   2. Area Site 13: East of Fordland Farm, Ide
   3. Area Site 15: West of Tedburn St Mary
   4. Area Site 16: South West of Ide
   5. Area Site 17: West of Downhouse Farm
   6. Area Site 18: Land by Exwick Woods
   7. Area Site 20: Ducks Brook, Tedburn St Mary
   8. Area Site 21: Land North of West View Farm
   9. Area Site 24: North West of Tedburn St Mary
   10. Area Site 27: Upper Old Wheatley Farm, Exeter
• 2.37 Areas suitable for wind energy are identified in the plan as priority areas of search for wind turbine development. This does not guarantee that an application will be approved within these areas as this will be dependent on the specific impacts of a proposal. Matters such as the appropriate number, location, height and design of turbines, as well as associated infrastructure, will be considered at application stage. Applicants should also seek opportunities for impact mitigation and environmental enhancements.
• 2.38 Turbine height has not been specified as it is dependent on several factors including location, technology, and impacts, although there is evidence in the Wind Turbine Landscape Sensitivity Analysis which provides further details relating to the sensitivities of each site and potential for different heights and numbers of turbines. Wind turbine heights are increasing, with larger turbines in excess of 1050m. Given the objective of the policy is to radically reduce greenhouse gas emissions, larger turbines generating more low-carbon electricity should be supported where the impacts are acceptable.
• 2.39 National policy requires areas suitable for wind turbines to be identified allocated either in Local or Neighbourhood Plans for them to be permitted and requires planning impacts identified by the affected local community to be fully addressed and for the proposal to have community backing following consultation. The 2015 Written Ministerial Statement goes on to say that: “Whether a proposal has the backing of the affected local community is a planning judgement for the local planning authority”.
• 2.40 In the interests of seeing such schemes delivered and providing a valuable contribution to our local renewable energy supply, it is important that the Local Plan provides an interpretation of this for Development Management purposes. As a minimum, it is expected that all proposals show effective prior engagement with the affected community to identify and understand any concerns. Applications should then seek to address these. In determining applications, officers will make a recommendation based on how the scheme accords with the criterion in policy CC6. Any applications will be referred for a committee, rather than delegated officer, decision, enabling elected members (as representatives of the communities of the district) to balance the response from the community with the overall planning merits of the scheme.
• 2.41 The Council has undertaken a Landscape Sensitivity Analysis and Heritage Impact Assessment of the proposed wind turbines. It is recognised through the evidence that the new turbines will have some degree of landscape and/or heritage impact. However, the Council is willing to accept changes to landscape character considering the need to generate low carbon electricity to simultaneously tackle the challenges of energy security and curbing carbon emissions from energy generation. There is an argument that the long-term impacts of climate change, if not minimised, could in themselves cause detrimental changes to existing landscape character. Such impacts may include tree loss through more frequent and powerful storms and increases in pests and diseases, or the loss of traditional field patterns due to potential future changes in agricultural practices. Therefore, whilst the Council recognises that the introduction of wind turbines will impact existing landscape character, these landscapes will be adversely altered if nothing is done to combat climate change.
• The requirements set out within the policy require assessment of impacts which may occur both within the district and in neighbouring authorities because of the proposed turbines. Planning applications should ensure that they address any cross-boundary impacts as part of their proposals for development. Sensitive landscape and heritage receptors have been identified within the Zones of Theoretical Visibility in the Landscape Sensitivity Analysis and Heritage Impact Assessment. These areas should be used as the starting point for assessment of heritage and landscape impacts in planning applications.
• Where heritage assets are affected by turbine proposals, the Council will seek to avoid or minimise any conflict between the heritage asset's conservation and any aspect of the proposal by ensuring that they are located and designed as sensitively as possible, whilst also recognising the vital contribution that the turbines will play in generating clean energy for the district. Visualisations of proposals and how they interact with affected heritage assets and their settings will need to be provided with applications to assist the Council in properly understanding impacts and, where appropriate, should be informed by consultation with interested parties to agree viewpoints. Applicants should have regard to the Wind Turbine Heritage Impact Assessment (2023) that includes information about the heritage assets that will require greatest consideration in the preparation of plans.
• Proposals must be accompanied by a full ecological impact assessment following current best practice guidance for wind turbine developments including direct impacts (e.g. blade collision and barotrauma) indirect impacts (e.g. habitat fragmentation) and cumulative impacts (e.g. incombination with road infrastructure). The assessment must be supported by comprehensive species surveys including collation of relevant bat and bird species and protected site features (including functionally linked land) within a 10km radius of the proposed site. Further consideration over a larger area will be required to support a project level HRA where the qualifying features of a European Wildlife Site and/or functionally linked land could be affected. Proposals must be accompanied by a detailed mitigation plan. Mitigation measures will be informed by the assessed risk to specific bat and bird species and will include:
  • Minimum 50m buffers from habitat features/flightlines
  • Large landscape buffers in high risk areas
  • Operating parameters and curtailment regimes during species' active/migratory seasons
  • Monitoring plans including nacelle height acoustic monitoring and thermal imaging and adaptive operation
  • Micro-siting and reduction in number of turbine
• Where proposals could lead to a likely significant effect on South Hams SAC and Exe Estuary SPA/ Ramsar a project level HRA will need to conclude that mitigation and monitoring proposals will ascertain the wind turbine development will not adversely affect the integrity of the designated site.

CC6 section 2.37

Unlike the additional text for ground mounted solar (2.32), neither the policy nor its supporting clarifications allow any sites outside those identified under the listed criteria. This does seem 'unsound' as circumstances on the ground may change such that new sites may meet the criteria stated in the policy in the future.

Furthermore, NPPF footnote 53a on the subject lists other routes by which wind development can happen, para 158 (b) also makes a similar point to the one we are making, i.e. applications outside these areas should also be considered.

?“…approve the application if its impacts are (or can be made) acceptable54. Once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas.”

We propose that a clarification, similar to that in CC5, and in line with the NPPF, is included to allow other sites that meet the very stringent criteria be considered.

• >Q5.6 Is Policy CC6 justified, effective and consistent with national policy in its approach to wind turbine development? Including:
  1. What evidence supports the policy approach and the selection of the areas identified as suitable for wind turbine development? Is the suitability of each area listed in criterion 5 justified?
  2. Is the policy consistent with the expectations of the Government's policy statement on onshore wind published on 8 July 2024?
  3. Is the policy strong enough in relation to the setting of Dartmoor National Park, heritage assets, ecology, and cumulative effects?
  4. For soundness, is it necessary for the policy to explain how proposals would be considered for wind turbine development outside the areas identified as suitable?

• Minsterial Statement Removing ban on onshore Wind means that it is no longer a requirement that sites be part of a local plan to be acceptable. So this clause shouldn't be necessary. This is what the inspector is referring to in point b.
• ACT can demonstrate that there are other sites which meet similar criteria that are not included in the plan, this makes it unclear if these would be accepted if they were to come forward. This relates to point d.
• Plan point 7 says 1050m, but the highest turbine of any kind that I can find is under 300m.