Local Plans and Government Statements

This document summarises government statements and consultations relating to:

• Local plans
• Building Regulations
• Local impact on Teignbridge

Background

We pick up this story in 2006, at this time Gordon Brown announced that new homes would be built to Net Zero standards by 2016. This would be achieved by generating as much energy on site from renewable sources as they use for heating, hot water, lighting and ventilation. This introduced the Code for Sustainable Homes. See Guardian Article The Planning and Energy Act 2008 explicitly gave local authorities the right in their local plans to impose energy standards in excess of those set by building regulations.

All looked good until 2015 when the coalition government ended and the conservative government abandoned this policy. In a written ministerial statement of 25th March 2015 Eric Pickles stated "from the date of the Deregulation Bill is given Royal Assent, local planning Authorities and qualifying bodies should not set in their emerging Local Plans, neighbourhood plans, or supplementary planning documents, any additional local technical standards or requirements relating to the construction, internal layout or performance of new dwellings." In following years this prevented many local authorities from raising standards.

In July 2015 George Osborne announced the abandonment of the net zero carbon homes policy in Fixing the foundations - Creating a more prosperous nation (para 9.17) "The government does not intend to proceed with the zero carbon Allowable Solutions carbon offsetting scheme, or the proposed 2016 increase in on-site energy efficiency standards, but will keep energy efficiency standards under review, recognising that existing measures to increase energy efficiency of new buildings should be allowed time to become established"

At this point the Conservative government no longer had an intention to move to a net zero build standard, and it appeared that local authorities could not include higher standards in local plans.

But the deregulation bill never received royal assent, leaving the position of local planning authorities unclear. In a legal opinion of 2018 David Browne of Burges Salmon argues that at this point local authorities were able to include standard up to code for sustainable homes level 4 in local plans.

Building regulations 2021 and the promised Future Homes Standard

2019 saw the announcement the Future Homes Standard consultation This promised:

• An interim uplift of 31% less CO₂ on the 2013 standard. Two options for uplift were given by the consultation:
  • 20% achieved entirely by improved fabric standards including triple glazing
  • 31% achieved in part by improved fabric but with double glazing and in part by PV panels
  Both options included a waste water heat recovery system.
• Addressing the performance gap by improving the accuracy of as built information.
• Transitional arrangements to apply to individual homes rather than whole developments, this means that it is no longer possible to use planning permission gained under past building regulations to apply those regulations to a current build.
• From 2025 homes built to FHS to have CO₂ emissions at least 75% lower than current (2013 regulations). 80% of respondents thought this was too low a standard.
• All homes to be 'zero carbon ready', relying on grid decarbonisation to achieve zero carbon.

One of the conclusions of this consultation was "To provide some certainty in the immediate term, we will not amend the Planning and Energy Act 2008, which means that local authorities will retain powers to set local energy efficiency standards for new homes."

When asked when government should start amendment of the 2008 Energy and Climate Act, allowing local authorities to impose higher energy standards, 86% of respondents to this question answered that the government should not start amendment of the act.

At this stage it was proposed that Future Homes Standard would include a higher fabric standard than that proposed for the interim 2021 standard.

Building regulations 2025 consultation

This consultation started on 13^th November 2023 and ran until 27^th March 2024.

It again proposed 2 options for achieving 'net zero ready':

• Most cost effective at maximising carbon savings, but with higher up-front costs for developers. This would include:
  • Air tightness 4m³/m².h@50pa
  • PV system over 40% of roof (with special arrangement for flats)
  • Wastewater Heat Recovery
  • dMEV ventilation system
• • Air tightness 5m³/m².h@50pa
  • Deliver at least 75% carbon savings over 2013 regulations. Homes built under this standard would be more expensive to run than under the first option.

Both options would include:

• Low carbon heating - either Heat Pump or Heat network driven by Heat pumps and thermal store.
• Hotwater storage vessel with 120mm insulation
• Fabric standards similar to 2021 building regulations

Arguments for not increasing fabric standards further include:

• 2021 standards ensure adequate protection against damp, mould and excess heat
• Low carbon heating can function well
• Electricity grid is decarbonising rapidly (is it since 2021?)
• Efficiency of heat pumps reduces electricity demand

New home energy model would replace SAP as a means of predicted performance measurement.

Ministerial Statements December 2023

• Baroness Penn
• Lee Rowley

Both statements seem to be the same.

The following seems to be the effective section:

"Any planning policies that propose local energy efficiency standards for buildings that go beyond current or planned buildings regulation should be rejected at examination if they do not have a well-reasoned and robustly costed rationale that ensures:

• That development remains viable, and the impact on housing supply and affordability is considered in accordance with the National Planning Policy Framework.
• The additional requirement is expressed as a percentage uplift of a dwelling's Target Emissions Rate (TER) calculated using a specified version of the Standard Assessment Procedure (SAP)."

The FHS proposes replacing SAP with the Home Energy Model so a specified version of SAP seems to be a dated requirement.

Comment from DLUHC from the Architect's Journal

Link to article

DLUHC declined to comment on the 'ongoing legal matters'.

However, the department confirmed that local plan-makers retain the ability to set energy efficiency standards at the local level that go further than the Building Regulations under the The Planning and Energy Act 2008, provided they do so in a manner that is consistent with national policy.

This ability is not revoked by the new WMS, DLUHC confirmed.

However, the department pointed out that the WMS sets out that if local plan-makers wish to set standards that go further than the Building Regulations this must be done in a way that is coherent and easily understandable for housebuilders, and means development remains viable.

DLUHC noted that varied energy efficiency standards around the country can make it 'challenging' for volume housebuilders to maintain cost-effective development and supply chains, stressing the important of striking a balance between building houses energy efficiently and building enough to meet demand.

Local Government Association response

LGA Response to consultation on FHS

The section headed Accounting for exceptional circumstance is particularly relevant to this statement.

Elmshurst Energy Blog

High Court Decision update 3/7/2024

Good Law Project - Appealing High Court Decision

The High Court turned Good Law Project's application, but GLP are appealing.

Comparison of fabric standards proposed in various options from 2021 to 2025

Some responses to the proposed FHS

• UK Green Building Council "Instead the Government has offered a choice between the two weakest options set out by the Future Homes Hub (FHH) Ready for Zero report. Neither can be considered genuinely 'future' as many buildings in the UK are already built to a higher standard. Individual developers, many of which are our members, have invested years and millions of pounds developing skills, technologies and supply chains to deliver more. This is a huge missed opportunity. It means a further Standard will be necessary shortly after the FHS to finish the job. "
• Turley "Changing when you use energy and storing energy in batteries and hot water tanks to use later is the essence of home smart energy management. It is hard to overstate how significant this is. As our electrical supply comes increasingly from intermittent or inflexible sources it will become increasingly important that our homes become flexible to reduce the cost of back up generation and grid reinforcement. That intermittent generation issue also means the carbon intensity of electricity and the cost of it varies a lot, even over the course of a day."
• The Future Homes Hub is mentioned in the UKGBC summary, and is a body that has had a significant hand in drawing up the FHS proposals. FHH represents much of the building industry, so their views are likely to represent developers as a whole.

What does TDC's local plan propose in addition

CC2 - Energy and Carbon Statements relates to this, it states:

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).

What local factors apply

• Grid decarbonisation is overly based on off-shore wind, which is generated mainly in the North Sea. This offshore electricity is largely consumed in the north and toward the east coast, particularly in Winter which is the heating season. This means that grid carbon in the SW region is higher than elsewhere (except south wales), so grid decarbonisation by current means is less effective than elsewhere.
• Average incomes in Teignbridge well below national average, so home owners need more protection from the cost of living in a dwelling.
• Whilst this doesn't favour Teignbridge, local climate will determine the insulation standard that is needed to achieve net zero operational emissions because:
  • Operational Net zero is achieved when emissions from electricity imported equals emissions saved from export of onsite generation. If the same factor applies to all electricity, this is equivalent to saying that electrical energy imported = electrical energy exported. This is a bit dubious because electricity generation and consumption don't occur at the same time of year, and some consumption will not be from renewable sources.
  • Heat lost from buildings depends on the temperature difference between target temperature and outside temperature, which is measured in degree days. Colder areas have more degree days, and obviously require more insulation or will loose more heat. This will cause buildings in colder areas to use more electricity than elsewhere.
  • Electricity generation from renewables is also dependent on the local climate:
    • Latitude and cloud levels determine the amount of PV generation possible
    • Wind levels (typically above 7m/s) determine if wind generation is practical, most areas that are suitable for housing are not also suitable for wind generation.
  Since all this is expressed in terms of electricity consumed and generated, if the same factor (kgCO₂e/kWh) applies for all electricity then a reduction in factor can't turn a building with positive operational emissions into one with net-zero of better emissions.

Who is campaigning on this?

• Good law Project are in a joint action with Rights Community Action and have published a video by Kevin McCloud. This Architect's Journal article talks about the campaign and seems to say that local authorities still have the right to set standards providing they do it the right way.
• Rights Community Action