No

ID sylw: 107835

Derbyniwyd: 05/03/2025

Ymatebydd: Catesby Estates Ltd

Asiant : Pegasus Group

This policy stipulates new buildings should be designed and built to be net zero. This exceeds requirements in the Building Regulations. The Government’s response to the Future Homes Standard consultation in 2023 stated policy shouldn't be prescriptive on methodology and technology. Until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled.

The Government don't expect plan-makers to set standards that go beyond current or planned Building Regulations. Existing standards don't have to be duplicated in planning policies. The Councils don't have a well-reasoned and robustly-costed rationale and haven't undertaken viability assessments. This policy is therefore unsound. Onerous energy efficiency requirements can severely undermine development viability. This should have been acknowledged in the SA.

The industry is moving towards zero-carbon ready housing as standard. Transitional arrangements must be in place to ensure this can be done smoothly. The plan must avoid onerous requirements which may jeopardise short-term delivery. Note that achievement of net zero is unlikely to be feasible for all developments, particularly urban brownfield developments. Policy should be flexible/deferential to changes in national standards.

The stepped change to zero carbon under the programmed future Building Regulation changes gives developers certainty and allows the industry to develop solutions collaboratively. Following this standard allows the industry to benefit from cost efficiencies and certainty associated with delivery of mass-produced proprietary products, which will better address viability and delivery of development to meet the Council’s planned housing trajectory.

The supporting text indicates relying on Building Regulations alone will be insufficient to achieve net zero by 2050. However, Building Regulations are under continuous review and the Government are aware of the need to meet net zero. Building regulations will continue to evolve when appropriate.

Other

ID sylw: 107871

Derbyniwyd: 07/03/2025

Ymatebydd: Taylor Wimpey Strategic Land

Asiant : Turley

Taylor Wimpey supports the transition to delivering Net Zero development, however has concerns over elements of the policy as currently drafted which go against national Government guidance, have design implications which have not been thought through, and will have viability issues not yet considered.
The WMS states, ‘the Government does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. The proliferation of multiple, local standards by local authority area can add further costs to building new homes by adding complexity and undermining economies of scale.
In this context it is considered that as proposed Policy contradicts the Government’s WMS and as such the space heating, total energy use and energy performance requirements should be removed or reconsidered to align with the 2023 Future Homes and Buildings Standard Consultation and WMS which describes Net Zero Ready development.
It is noted that the draft Policy relates to both regulated and unregulated energy. While Taylor Wimpey support the delivery of low carbon development, it is considered any targets should be restricted to regulated energy only. Developers only have the ability to influence the regulated energy demand through design and specification of materials and systems and renewable energy technologies.
Further reductions in air tightness would necessitate the use of mechanical ventilation, which has a cost implication for development beyond current and proposed future Building Regulations.
We support the provision of Solar PV to provide onsite energy generation, however, this expectation is not likely to be feasible across a development with a mix of housing including flats, bungalows and homes. Delivering 3kWp – 4kWp per dwelling will require c.24-32m2 of roof space, which for smaller units will not be achievable.
The technical constraints to delivery requirements for onsite energy generation, need to be considered in line with the 2023 WMS noted above. Setting an energy-based requirement does not align with the requirements of the WMS.
We would recommend that it is noted that Form Factor are set out in the context of needing to balance design with performance.
The draft Policy also requires residential development to include the consideration of green roofs and walls. We would note that while green roofs and walls can have multiple benefits, reducing the surface run off whilst having a positive impact on biodiversity, they have a significant implication in terms of design and cost and are not suitable for residential development where residents are responsible for their ongoing maintenance.
Recommendation – It is recommended that the Plan considers the approach and Policies set out in the Warwick District Council Net Zero DPD which requires development to achieve Net Zero Carbon in operation. This provides a route to achieving Net Zero which aligns with the Governments 2025 FHS and FBS, and 2023 23 Written Ministerial Statement on setting requirements which exceed the requirements of the Building Regulations.

Other

ID sylw: 107908

Derbyniwyd: 07/03/2025

Ymatebydd: TERRA

Asiant : Lichfields (Birmingham)

Whilst Terra supports the SWAs moving towards Net Zero Carbon development, as set out
in detail in Terra ’s response to Draft Policy Direction- 24 (Embodied carbon), if the SWAs
wish to deviate from the Future Homes Standard and Building Regulations, sufficient
evidence will need to be prepared to justify this – in accordance with NPPF paragraph 32,
the PPG and the 2023 WMS.
2.103 In addition, the NPPF is clear that planning policies should have regard to the economic
viability of sites (Para 72) and should not undermine the deliverability of the Local Plan
(Para 35). To this end, the SWLP will need to be supported by a Viability Assessment that
cumulatively tests the impact of policy and infrastructure requirements on the viability of
sites allocated in the SWLP. This should include any Net Zero Carbon requirements.

No

ID sylw: 107952

Derbyniwyd: 07/03/2025

Ymatebydd: Rainier Developments Ltd

Asiant : Pegasus Group

This policy stipulates new buildings should be designed and built to be net zero. This exceeds requirements in the Building Regulations. The Government’s response to the Future Homes Standard consultation in 2023 stated policy shouldn't be prescriptive on methodology and technology. Until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled.

The Government don't expect plan-makers to set standards that go beyond current or planned Building Regulations. Existing standards don't have to be duplicated in planning policies. The Councils don't have a well-reasoned and robustly-costed rationale and haven't undertaken viability assessments. This policy is therefore unsound. Onerous energy efficiency requirements can severely undermine development viability. This should have been acknowledged in the SA.

The industry is moving towards zero-carbon ready housing as standard. Transitional arrangements must be in place to ensure this can be done smoothly. The plan must avoid onerous requirements which may jeopardise short-term delivery. Note that achievement of net zero is unlikely to be feasible for all developments, particularly urban brownfield developments. Policy should be flexible/deferential to changes in national standards.

The stepped change to zero carbon under the programmed future Building Regulation changes gives developers certainty and allows the industry to develop solutions collaboratively. Following this standard allows the industry to benefit from cost efficiencies and certainty associated with delivery of mass-produced proprietary products, which will better address viability and delivery of development to meet the Council’s planned housing trajectory.

The supporting text indicates relying on Building Regulations alone will be insufficient to achieve net zero by 2050. However, Building Regulations are under continuous review and the Government are aware of the need to meet net zero. Building regulations will continue to evolve when appropriate..

No

ID sylw: 108073

Derbyniwyd: 07/03/2025

Ymatebydd: Seven Homes

Asiant : Pegasus Group

This policy stipulates new buildings should be designed and built to be net zero. This exceeds requirements in the Building Regulations. The Government’s response to the Future Homes Standard consultation in 2023 stated policy shouldn't be prescriptive on methodology and technology. Until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled.

The Government don't expect plan-makers to set standards that go beyond current or planned Building Regulations. Existing standards don't have to be duplicated in planning policies. The Councils don't have a well-reasoned and robustly-costed rationale and haven't undertaken viability assessments. This policy is therefore unsound. Onerous energy efficiency requirements can severely undermine development viability. This should have been acknowledged in the SA.

The industry is moving towards zero-carbon ready housing as standard. Transitional arrangements must be in place to ensure this can be done smoothly. The plan must avoid onerous requirements which may jeopardise short-term delivery. Note that achievement of net zero is unlikely to be feasible for all developments, particularly urban brownfield developments. Policy should be flexible/deferential to changes in national standards.

The stepped change to zero carbon under the programmed future Building Regulation changes gives developers certainty and allows the industry to develop solutions collaboratively. Following this standard allows the industry to benefit from cost efficiencies and certainty associated with delivery of mass-produced proprietary products, which will better address viability and delivery of development to meet the Council’s planned housing trajectory.

The supporting text indicates relying on Building Regulations alone will be insufficient to achieve net zero by 2050. However, Building Regulations are under continuous review and the Government are aware of the need to meet net zero. Building regulations will continue to evolve when appropriate.

Other

ID sylw: 108174

Derbyniwyd: 05/03/2025

Ymatebydd: Bellway Homes (West Midlands)

Asiant : Cerda Planning

Bellway recognises the implications of climate change and has a proactive approach to design to ensure development mitigates and adapts to climate change. We support measures to reduce carbon emissions through both construction and operation and recognise the Council’s ambition in setting policies which go beyond national requirements.
However, any specific requirements which go beyond the current Local Plan and national guidance need to be supported by an appropriate evidence base, including a viability assessment.
It is considered that any feasible and viable policy should be restricted to regulated energy only. As a housebuilder Bellway only has the ability to influence the regulated energy demand of homes through design and specification of materials and systems, and renewable energy technologies. The unregulated energy consumption, (often referred to as ‘plug in load’) of homes is ultimately the function of the residents’ use of the building, which cannot be influenced by the developer and therefore the requirement on the developer to reduce or offset emissions from residents’ unregulated energy use is not appropriate.
Post 2025 one of the greatest demands for unregulated energy in new homes will be to charge an electric vehicle. We consider it unreasonable to assume that a housebuilder could influence such demand or should effectively meet the cost of mitigating carbon from a resident charging their electric vehicle.
The FHS and FBS consultation states, ‘We consider that metrics which include unregulated loads are not a suitable because designers and housebuilders have little or no control over these end uses of energy’.

Yes

ID sylw: 108195

Derbyniwyd: 27/02/2025

Ymatebydd: St Philips

Asiant : Lichfields (Birmingham)

Do you agree with the approach laid out in Draft Policy
Direction-22- Net Zero Carbon Buildings?
2.89 Whilst St Philps strongly supports the SWAs moving towards Net Zero Carbon
development, as set out in detail in St Philps’ response to Draft Policy Direction- 24
(Embodied carbon), if the SWAs wish to deviate from the Future Homes Standard and
Building Regulations, sufficient evidence will need to be prepared to justify this – in
accordance with NPPF paragraph 32, the PPG and the 2023 WMS.
2.90 In addition, the NPPF is clear that planning policies should have regard to the economic
viability of sites (Para 72) and should not undermine the deliverability of the Local Plan
(Para 35). To this end, the SWLP will need to be supported by A Viability Assessment that
cumulatively tests the impact of policy and infrastructure requirements on the viability of
sites allocated in the SWLP. This should include any Net Zero Carbon requirements.

No

ID sylw: 108217

Derbyniwyd: 07/03/2025

Ymatebydd: Persimmon Homes (South Midlands)

Asiant : Pegasus Group

This policy stipulates that new buildings should be designed and built to be net zero, which exceeds the requirements in the Building Regulations. The Government’s response to the Future Homes Standard (FHS) consultation in 2023 stated that any policy should not be prescriptive on methodology and technology and that until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled.

Therefore, the Government do not expect plan-makers to set local efficiency standards for buildings that go beyond current or planned Building Regulations, and nor do existing standards have to be duplicated in planning policies. Crucially, here, the Councils do not have a well-reasoned and robustly costed rationale to justify a sound policy, with no viability assessment having been undertaken, and until then, this policy is unsound.

It is also important to note that the achievement of net zero is unlikely to be feasible for all developments. This is particularly the case in urban brownfield developments. The policy should accordingly be flexible/deferential to changes in national standards.

Other

ID sylw: 108283

Derbyniwyd: 07/03/2025

Ymatebydd: Spitfire Homes

Asiant : Harris Lamb

Whilst we support the move towards the Net Zero Carbon Buildings we have a number of concerns with the draft policy.
Part A of the Policy requires residential buildings to be built to Net Zero Carbon in operation and must generate renewable energy site to at least match annual energy use. This requirement needs to be viability tested in order to see if it is achievable.
Criterion 2 requires heat pumps to be the primary heating system for houses. This needs to be viability tested.
Criterion 4 requires roof orientation that maximises PV generation options where possible. The Local Authorities should establish what impact this could potentially have on scheme density, and this will need to be an active consideration in the application of the SWLP’s design policies.
It is suggested that battery storage may be required for future residential development schemes. This has the potential to be a significant development expense. This requirement should be viability tested.
Criterion 5 relates to compact building forms and will have direct implications for scheme layouts. This requirement needs to be considered alongside the SWLP’s designed policies.

No

ID sylw: 108317

Derbyniwyd: 07/03/2025

Ymatebydd: CEG Land Promotion III (UK) Limited and Mixed Farms

Asiant : Nexus Planning

Whilst CEG and Mixed Farms understand the importance of planning for net zero carbon development as part of
the broader objective to address climate change. However there is significant concern regarding the approach set
out by Policy Direction 22, which outlines the potential for the SWLP to go beyond the requirements of Building
Regulations.
The Government’s approach to this is clear, and as set out in a Written Ministerial Statement (WMS) dated 13th
December 2023, confirming that planning policies should not impose standards for energy performance that
exceed the Code for Sustainable Homes Level 4, noting the Future Homes Standard (FHS) to be implemented in
2025.
The WMS outlined:
“the Government does not expect plan-makers to set local energy efficiency standards for buildings that go
beyond current or planned building regulations. The proliferation of multiple, local standards by local authority
areas can add further costs to building new homes by adding complexity and undermining economies of scale.
Any planning policies that propose local energy efficiency standards for buildings that go beyond current or
planned building regulations should be rejected at examination if they do not have a well-reasoned and robustly
costed rationale.”
Requiring development to exceed the requirements of Building Regulations is likely to result in unnecessary
complexity and additional costs for developers, threatening the viability of schemes and slowing down the ability
of the industry to respond to and meet the housing and economic needs of the SWLP.
CEG and Mixed Farms therefore strongly urge the reconsideration of the approach set out in Draft Policy
Direction 22 and avoid divergence from the FHS as per the recommendations of the WMS. Any policy which goes
beyond the FHS must be demonstrated to be viable and not hamper the delivery of development required to
meet the SWLP’s requirements.

No

ID sylw: 108323

Derbyniwyd: 07/03/2025

Ymatebydd: George Martin

The Councils should seek out the guidance that Etude and Bioregional have issued to the leading Local Authorities to help them assess the viability question. Developers will challenge higher energy targets and you will need suitably skilled consultants to fight this. I would recommend a combination of Etude, Bioregional and Currie & Brown.

The current proposals will not deliver the Government’s 2050 Targets. The Government’s target is to deliver net zero by 2050, in line with the target set out in legislation. In addition to the UK-wide target, Scotland has set its own and is aiming to become a net zero economy by 2045. The UK has also committed to a 68% reduction in emissions by 2030, as part of its Nationally Determined Contribution towards the Paris Agreement. Alongside these headline targets, the UK has set interim ‘carbon budgets’ which cap the emissions within different carbon budgetary periods. The current fourth carbon budget requires a 52% reduction in emissions by 2027, while the sixth carbon budget requires a 78% reduction by 2037. Between November 2024 and February 2025, the government needs to set a new Nationally Determined Contribution for 2035. Additionally, in 2025 the government is due to agree the seventh carbon budget, which will cover the period from 2038-2042.

Have Warwick or Stratford DCs met their 2025 or 2030 net zero targets? I think not. Consequently I would reiterate that this plan will not deliver net zero carbon by 2050. I question the selected plan end date of 2050. Could the Inspector reject the plan since it cannot deliver net zero by 2050? Why not go for 2042 so you have 8 years to potentially plug the gap? Why does this section not look to deliver the staged targets? Alternatively just go for TRUE net zero 2050 NOW?

Other

ID sylw: 108372

Derbyniwyd: 07/03/2025

Ymatebydd: Mackenzie Miller Homes

Asiant : Lichfields (Birmingham)

12.1 Mackenzie Miller Homes supports the Government’s proposal to achieve ‘Zero Carbon
Ready’ homes by 2025. As stated within national guidance, this will be achieved through
the application of low carbon heating and hot water technology and highly insulated fabric
building elements i.e. walls, floors and roofs which will in turn reduce the energy demand
for the home.
12.2 In this regard, it is noted that SWC’s draft policy direction-22 proposes that “All new
buildings must be designed and built to be Net Zero Carbon in operation. They must be
ultra-low energy buildings, fossil fuel free, and generate energy on-site to at least match
the annual energy use”.
12.3 Whilst Mackenzie Miller Homes fully supports emerging policies seeking to tackle climate
change with proactive sustainable measures, the client considers that policies must be
sufficiently flexible, fit for purpose and well evidenced.
12.4 The Climate Change Act 2008 commits to achieving net zero greenhouse gas emissions by
2050, which is supported by the NPPF 2024. It is recognised that the SWCs have declared a
climate emergency and have committed to more ambitious targets by reaching net zero
carbon by 2030. Consideration should be given to the Written Ministerial Statement
[WMS] issued by the then Minister of State for Housing, Lee Rowley MP, in December
2023. Although Rights Community Action challenged the WMS in the High Court, the case
was dismissed, affirming that it remains current government policy and a material
consideration. Particularly, it stated that:
“…the Government does not expect plan-makers to set local energy efficiency standards
for buildings that go beyond current or planned buildings regulations. The proliferation
of multiple, local standards by local authority area can add further costs to building new
homes by adding complexity and undermining economies of scale. 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 wellreasoned
and robustly costed rationale that ensures:
12.5 That development remains viable, and the impact on housing supply and affordability is
considered in accordance with the National Planning Policy Framework.”
12.6 This is supported by Paragraph 32 of the NPPF, which clearly states that:
“The preparation and review of all policies should be underpinned by relevant and up-todate
evidence. This should be adequate and proportionate, focused tightly on supporting
and justifying policies concerned, and take into account relevant market signals.”
12.7 Mackenzie Miller Homes recognises that the SWCs are at the early stages of plan-making,
however, the client is concerned that the Councils may seek to make provision for a policy
that deviates from the national requirements without providing sufficient justification.
Although it is noted that Warwick District Council adopted a Net Zero Carbon Development
Plan Document in May 2024, Mackenzie Miller Homes has further concerns over viability testing. Paragraph 35 of the NPPF is clear planning policies should not undermine the
deliverability of the Local Plan and paragraph 70 states that policies should have regard for
the economic viability of sites.
12.8 Therefore, the emerging SWLP will need to be supported by a viability assessment that
cumulatively tests the impact of policy requirements on the viability of sites allocated
within it, including the higher building standards than the Future Homes and Building
Regulations. Furthermore, if the Council wishes to depart from nationally set standards, the
policy must have the flexibility to respond to an unknown future government regulation or
viability implications.
12.9 Mackenzie Miller Homes highlights that the Government’s intention is to achieve zero
carbon by 2025 through a step-by-step introduction of higher building regulations. The
client considers that the Council should therefore align with Building Regulations and the
Future Homes Standard but not exceed it. Whilst in principle, the Council is within its right
to deviate from the Future Homes Standard and Building Regulations where evidence
justifies a higher requirement as per NPPF paragraph 32 and the PPG, it is Mackenzie
Miller Homes’s position that there must be sufficient evidence to support this approach,
and as a result, the plan could be at risk of being found unsound.

Yes

ID sylw: 108392

Derbyniwyd: 07/03/2025

Ymatebydd: Alscot Estate

Asiant : Jonathan Thompson Land & Consultancy Limited

The Estate fully support Draft Policy Directions 22, 23 and 24.

No

ID sylw: 108463

Derbyniwyd: 06/03/2025

Ymatebydd: The Bird Group

Asiant : Framptons

The Bird Group disagree that this needs to be undertaken through the local plan given that there is already a national approach being taken forward to achieve the same goal, the Future Homes Standard (FHS).
Currently if the Councils choose to go beyond current or future standards the following stated requirements must be subject to viability testing as part of the Pre-Submission SWLP:
• The requirement under Part A that residential buildings must be designed and built to be Net Zero Carbon in operation and that they must generate renewable energy on-site to at least match annual energy use; and
• The requirement under Criterion 2 for heat pumps to be the primary heating system for houses unless in areas with low-carbon district heating networks.
• Under Criterion 4, it is suggested that battery storage may be required for future residential development schemes. This should be viability tested and the implications for battery storage investigated in terms of space requirements and maintenance.
Regarding the requirement under Criterion 4 for roof orientation that maximises PV generation options where possible. The Bird Group consider it is important that the Councils first establish what impact this could potentially have on scheme density, and how this requirement if applied would align with the SWLP’s design policies. Similarly, Criterion 5 relates to compact building forms and will have direct implications for scheme layouts. This requirement also needs to be considered alongside the SWLP’s design policies.

Other

ID sylw: 108472

Derbyniwyd: 07/03/2025

Ymatebydd: Magdalen College, Oxford

Asiant : Savills

The Magdalen College, Oxford is committed to highly energy efficient development so the principle of this Direction is supported. However, we strongly consider that the drive to net zero should be achieved through a national approach.
Criterion A of the proposed policy position would require all new development to demonstrate net zero operational carbon from total energy use (by achieving a 63% reduction in regulated emissions on site compared to 2021 building regulations. All improvements will be calculated using SAP.
The College considers that building regulations is the appropriate mechanism for delivering carbon reduction emissions. This standard approach provides certainty to housebuilders as efficiencies in supply chains will encourage delivery. These locally set standards complicate matters and could frustrate development.
Any locally set requirements must be consistent with the Written Ministerial Statement (WMS) published on the 13th of December 2023 and this has been confirmed by case law during 2024. The WMS sets out concerns that setting local standards increases complexity, reduces economies of scale and adds to the cost of building new homes. It is noteworthy that the Future Homes Standard will also be introduced nationally before this Plan is adopted and will likely further make the need for local standards superfluous.
Furthermore, there should be allowances for individual developments to make a financial viability case when achieving the requirements of this policy would render a proposal unviable.
It is important that the effect of costs is considered cumulatively along with other development costs. It is also particularly important to undertake ongoing monitoring and ensure that the standards sought are achievable so that housing delivery is not unduly restricted.

No

ID sylw: 108550

Derbyniwyd: 29/06/2025

Ymatebydd: Hayfield Homes

Criterion 7 states that developments should consider the use of green roofs within future developments. However, this would conflict with the delivery of rooftop PV, as intended through Criterion 4. To deliver the Future Homes Standard, it will be necessary for homes to incorporate solar panels. Furthermore, green walls are a maintenance liability and are rarely successful in their implementation in residential development, once occupied by a homeowner. Therefore, it is considered that Criterion 7 should be deleted, in favour of the delivery of PV as noted in Criterion 4.

No

ID sylw: 108576

Derbyniwyd: 07/03/2025

Ymatebydd: Corbally Group (Harbury) Ltd

Asiant : Pegasus Group

This policy stipulates that new buildings should be designed and built to be net zero, which exceeds the requirements in the Building Regulations. The Government’s response to the Future Homes Standard (FHS) consultation in 2023 stated that any policy should not be prescriptive on methodology and technology and that until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled.

Therefore, the Government do not expect plan-makers to set local efficiency standards for buildings that go beyond current or planned Building Regulations, and nor do existing standards have to be duplicated in planning policies. Crucially, here, the Councils do not have a well-reasoned and robustly costed rationale to justify a sound policy, with no viability assessment having been undertaken, and until then, this policy is unsound.

It is also important to note that the achievement of net zero is unlikely to be feasible for all developments. This is particularly the case in urban brownfield developments. The policy should accordingly be flexible/deferential to changes in national standards.

Other

ID sylw: 108623

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 22 – Net Zero Carbon Buildings
6.4.
This policy stipulates that new buildings should be designed and built to be net zero, which exceeds the requirements in the Building Regulations. The Government’s response to the Future Homes Standard (FHS) consultation in 2023 stated that any policy should not be prescriptive on methodology and technology and that until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled. The written ministerial statement, dated 13th December 2023, states:
“The improvement in standards already in force, alongside the ones which are due in 2025, demonstrates the Government’s commitment to ensuring new properties have a much lower impact on the environment in the future. In this context, the Government does not expect makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. The proliferation of multiple, local standards by local authority area can add further costs to building new homes by adding complexity and undermining economies of scale. 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:
a)
That development remains viable, and the impact on housing supply and affordability is considered in accordance with the National Planning Policy Framework.
b)
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).” (emphasis added)
6.5.
Therefore, the Government do not expect plan-makers to set local efficiency standards for buildings that go beyond current or planned Building Regulations, and nor do existing standards have to be duplicated in planning policies. Crucially, here, the Councils do not have a well-reasoned and robustly costed rationale to justify a sound policy, with no viability assessment having been undertaken, and until then, this policy is unsound. It is important to note that onerous energy efficiency requirements can severely undermine the viability of developments; this must be avoided to ensure that the plan is effective and deliverable, and this should have been acknowledged in the SA.
6.6.
The industry is moving towards zero-carbon ready housing as standard, and it is imperative for transitional arrangements to be in place to ensure that this can be done smoothly. Taking account of these significant changes, the plan must ensure that it does not place onerous requirements on development which may jeopardise delivery in the short-term. It is also important to note that the achievement of net zero is unlikely to be feasible for all developments. This is particularly the case in urban brownfield developments. The policy should accordingly be flexible/deferential to changes in national standards.
6.7.
Self-evidently, the stepped change to zero carbon under the programmed future Building Regulation changes gives developers certainty and allows the industry to develop solutions collaboratively. Following this standard allows the industry to benefit from the cost efficiencies and certainty associated with the delivery of mass-produced proprietary products, which will better address viability and delivery of development to meet the
Council’s planned housing trajectory.
6.8.
In the supporting text, the Councils suggest that relying on Building Regulations alone will be insufficient to achieve net zero by 2050, for instance as embodied carbon is not currently considered, nor unregulated energy consumption. Thus, a policy exceeding the Building Regulations in the SWLP Part 1 is allegedly required to ensure this legally binding target can be met. However, the Building Regulations can be updated to address this; the Building Regulations are under continuous review, with updates to Parts L and F and the addition of Parts O and S in 2022, and the new Future Building Standards coming into force in 2025. It is also noted that a proposed Part Z will cover embodied carbon, thus work to ensure this is addressed within the Building Regulations is already underway. As highlighted above, a stepped change is required - the Government are acutely aware of the need to meet net zero, and the Building Regulations will continue to evolve when appropriate to ensure that this is the case.
6.9.
In light of the above, it is considered that a policy should not be prepared with regards to net zero buildings. This matter is suitably covered by the Building Regulations, the content of which do not need to be duplicated in planning policies, and the Ministerial Statement from December 2023 is clear that plan-makers are not expected to set any efficiency standards which go beyond current or planned Building Regulations; a stepped approach is required. Furthermore, there is no evidence that such a policy would allow developments to remain viable, and there is a possibility that this would affect the effectiveness and delivery of the plan. At the present time, such a policy is not justified and unsound, and would thus need to be rejected at examination, in line with the Ministerial Statement.