Other

ID sylw: 107953

Derbyniwyd: 07/03/2025

Ymatebydd: Rainier Developments Ltd

Asiant : Pegasus Group

It is proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. We support the acknowledgment that applicants can submit a justification where achieving embodies carbon targets is unviable.

Other

ID sylw: 108074

Derbyniwyd: 07/03/2025

Ymatebydd: Seven Homes

Asiant : Pegasus Group

It is proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. We support the acknowledgment that applicants can submit a justification where achieving embodies carbon targets is unviable.

Yes

ID sylw: 108197

Derbyniwyd: 27/02/2025

Ymatebydd: St Philips

Asiant : Lichfields (Birmingham)

Do you agree with the approach laid out in Draft Policy Direction- 24- Embodied carbon? 2.91 St Philips broadly supports the SWA’s approach to ensuring future developments deliver high-quality developments that seek to tackle climate change with proactive sustainable measures. However, St Philips fundamentally considers that policies must be sufficiently flexible, fit for purpose and well evidenced – as required by the NPPF. 2.92 St Philips recognises the importance of reducing embodied carbon within the development process. However, embodied carbon emissions are unregulated in the UK. Current policy and regulation focus solely on operational energy use, as distinct from embodied carbon. There currently does not exist a nationally approved regulator or nationally recognised standard, national planning policy or building regulation requirement to assess and report embodied carbon emissions or whole life cycle carbon assessments – indeed the Future Homes Standards - MHCLG Consultation on changes to Parts L and F of the Building Regulations do not propose an embodied carbon target. 2.93 Whilst the SWAs are within their rights to deviate from the Future Homes Standard and Building Regulations, the NPPF is clear that the “preparation and review of all policies should be underpinned by relevant and up-to-date evidence.” (Para 32). In this context, whilst supportive in principle, St Philips is concerned that the SWAs are seeking to make provision for a policy that deviates from national requirements without providing sufficient justification. Indeed, none of the SWA’s evidence base produced to date outlines policy options for embodied carbon; albeit it is noted that the SWA’s SWLP’s Technical Evidence ‘Future Work’ suggests that ‘Climate Change Evidence’ will be prepared to support the SWLP, alongside the ‘Site Delivery & Viability Studies’. However, this evidence would need to sufficiently demonstrate that such an approach is justified (Para 36b, NPPF), aspirational but deliverable (Para 16b, NPPF), and does not undermine the deliverability of the Local Plan (Para 35, NPPF). 2.94 St Philips would also note that other Councils have proposed a similar requirement for developments, which have not been accepted by Inspectors. In particular, in 2022 West Oxfordshire District Council [WODC] submitted its Area Action Plan [AAP] for a Salt Cross Garden Village – a case study recognised in the SWA’s ‘Climate Change Baseline Report (2022) at paragraph 4.5.4. The AAP included Draft Policy 2 (Net Zero Carbon Development), which required all new development to be net zero on-site through the use of ultra-low energy fabric specification, low carbon technologies, on-site renewable energy generation and embodied carbon reductions – Notably, Policy 2 required developments to meet a < 500 kg CO2/m2 requirement. 2.95 However, the Inspector felt that the policy was inconsistent with national policy, as the standards within it amounted to a significant uplift on Building Regulations – which conflicted with then Secretary of State for Communities and Government – Eric Pickles MP – Written Ministerial Statement [WMS] in March 2015, which stated that 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”. In addition, the Inspector noted that the 2015 WMS “remains current national policy on this matter” (IR124) – indeed, this position remains in the PPG (PPG ID: 6-012-20190315). 2.96 The Inspector also highlighted that whilst Section 1 of the Planning and Energy Act 2008 does allow for some policies to exceed energy requirements of building regulations if they are deemed reasonable and consistent with national policies, in that instance, the requirements were not reasonable (IR30). Furthermore, the Inspector highlighted that: • There was a lack of evidence base to demonstrate the appropriateness of building typologies and how key performance indicators were selected over alternatives; • The standards within the plan were too rigid, and could not be realistically met by the end user; and • The standards of the policy were not flexible when having regard to the ever-changing net zero building policy nor to “technological and market advancements and more stringent nationally set standards, including within the Building Regulations” (IR137). 2.97 Consequently, the Inspector suggested a series of modifications to the policy – including the deletion of the embodied carbon KPI – and suggested below amendment to the policy wording: “An energy statement will be required for all major development, which should demonstrate the following: …Embodied carbon – reducing the impact of construction by minimising the amount of upfront embodied carbon emissions including appropriate embodied carbon targets. A calculation of the expected upfront embodied carbon of buildings and full lifecycle modelling” 2.98 Furthermore, regard should still be given to the then Minister of State for Housing’s – Lee Rowley MP – Written Ministerial Statement [WMS] in December 2023. Whilst this was challenged in the High Court by Rights Community Action, the case was dismissed, meaning the WMS remains current government policy and a material consideration. 2.99 In light of the above, St Philips would highlight that the Government’s intention is to achieve zero carbon by 2025 through a step-by-step introduction of higher building regulations. Whilst – in principle – the SWAs are within their rights to deviate from the Future Homes Standard and Building Regulations where evidence justifies a higher requirement – NPPF paragraph 32, PPG and the 2023 WMS –St Philips note that sufficient evidence to support this approach is required.

No

ID sylw: 108218

Derbyniwyd: 07/03/2025

Ymatebydd: Persimmon Homes (South Midlands)

Asiant : Pegasus Group

As referenced above in relation to Policy Direction 22, it is already proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends that embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. The fact that this is addressed within the policy direction, in allowing applicants to submit a justification where achieving embodied carbon targets is unviable, is supported.

No

ID sylw: 108325

Derbyniwyd: 07/03/2025

Ymatebydd: George Martin

One important aspect to include is that Developers should meet net zero regulated and unregulated energy BEFORE looking to meet Embodied Energy targets as this is important in terms of cost of living and fuel poverty. Developers must not be allowed to offset Embodied carbon savings against energy and carbon efficiency.

The Passivhaus Trust will have guidance about embodied carbon targets available in 2025.

It is good to see that the SWLP is going beyond building regulations for Embodied Carbon. I see no mention of the negativity around the viability argument that Developers will put up.

IMPORTANT: However as this plan is to 2050 all the best practice listed is only up to 2030. How is the plan going to deal with what best practice will be in the 20 years from 2030 to 2050?

The RIBA Good Practice 2025 Targets are mentioned. As the Plan is going to 2050 the 2030 challenge targets should be included.

Benchmarks need to include the developing bet practice from the NZCBuildings Standard.

Yes

ID sylw: 108373

Derbyniwyd: 07/03/2025

Ymatebydd: Mackenzie Miller Homes

Asiant : Lichfields (Birmingham)

13.1 Generally, Mackenzie Miller Homes supports the SWC’s approach to ensuring future
developments deliver high-quality developments that seek to tackle climate change with
proactive sustainable measures. However, Mackenzie Miller Homes fundamentally
considers that policies must be sufficiently flexible, fit for purpose and well evidenced – as
required by the NPPF.
13.2 Mackenzie Miller Homes recognises the importance of reducing embodied carbon within
the development process, however, wishes to highlight that embodied carbon emissions are
unregulated in the UK. Current policies and regulations focus exclusively on operational
energy use, rather than embodied carbon. At present, there is no nationally approved
regulator, recognised standard, national planning policy, or building regulation
requirement to evaluate and report embodied carbon emissions or conduct whole life cycle
carbon assessments. Notably, the Future Homes Standards - MHCLG Consultation on
changes to Parts L and F of the Building Regulations does not suggest an embodied carbon
target.
13.3 It is recognised that SWCs are within its right to deviate from the Future Homes Standard
and Building Regulations, however, Paragraph 32 of the NPPF is clear that the
“preparation and review of all policies should be underpinned by relevant and up-to-date
evidence.” In this context, whilst supportive in principle, Mackenzie Miller Homes has
concerns that the SWCs are seeking to make provision for a policy that deviates from the
national requirements without providing sufficient justification. Indeed, none of the SWC’s
evidence base produced to date outlines policy options for embodied carbon; albeit it is
noted that the SWC’s SWLP’s Technical Evidence ‘Future Work’ suggests that ‘Climate
Change Evidence’ will be prepared to support the SWLP, alongside the ‘Site Delivery &
Viability Studies’. However, this evidence would need to sufficiently demonstrate that such
an approach is justified (Para 36b, NPPF), aspirational but deliverable (Para 16b, NPPF),
and not undermine the deliverability of the Local Plan (Para 35, NPPF).
13.4 Mackenzie Miller Homes also wishes to highlight that other Councils have proposed a
similar requirement for developments, which have not been accepted by Inspectors.
Particularly, in 2022 West Oxfordshire District Council [WODC] submitted its Area Action
Plan [AAP] for a Salt Cross Garden Village – a case study recognised in the SWC’s ‘Climate
Change Baseline Report (2022) at paragraph 4.5.4. The AAP included Draft Policy 2 (Net
Zero Carbon Development), which required all new development to be net zero on-site
through the use of ultra-low energy fabric specification, low carbon technologies, on-site
renewable energy generation and embodied carbon reductions – Notably, Policy 2 required
developments to meet a < 500 kg CO2/m2 requirement.
13.5 However, the Inspector felt that the policy was inconsistent with national policy, as the
standards within it amounted to a significant uplift on Building Regulations – which
conflicted with then Secretary of State for Communities and Government – Eric Pickles MP
– Written Ministerial Statement [WMS] in March 2015, which stated that 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”. In
addition, the Inspector noted that the 2015 WMS “remains current national policy on this
matter” (IR124) – indeed, this position remains in the PPG (PPG ID: 6-012-20190315).
13.6 The Inspector also highlighted that whilst Section 1 of the Planning and Energy Act 2008
does allow for some policies to exceed energy requirements of building regulations if they
are deemed reasonable and consistent with national policies, in that instance, the
requirements were not reasonable (IR30). Furthermore, the Inspector highlighted that:
• There was a lack of evidence base to demonstrate the appropriateness of building
typologies and how key performance indicators were selected over alternatives;
• The standards within the plan were too rigid, and could not be realistically met by the
end user; and
• The standards of the policy were not flexible when having regard to the ever-changing
net zero building policy nor to “technological and market advancements and more
stringent nationally set standards, including within the Building Regulations” (IR137).
• Consequently, the Inspector suggested a series of modifications to the policy –
including the deletion of the embodied carbon KPI – and suggested below amendment
to the policy wording:
13.7 “An energy statement will be required for all major development, which should
demonstrate the following:
13.8 …Embodied carbon – reducing the impact of construction by minimising the amount of
upfront embodied carbon emissions including appropriate embodied carbon targets. A
calculation of the expected upfront embodied carbon of buildings and full lifecycle
modelling”
13.9 Furthermore, regard should still be given to the then Minister of State for Housing’s – Lee
Rowley MP – Written Ministerial Statement [WMS] in December 2023. Whilst this was
challenged in the High Court by Rights Community Action, the case was dismissed,
meaning the WMS remains current government policy and a material consideration.
13.10 In this context, Mackenzie Miller Homes emphasises that the Government aims to achieve
zero carbon by 2025 through the gradual implementation of higher building regulations.
While the SWCs are generally permitted to deviate from the Future Homes Standard and
Building Regulations if there is evidence supporting a higher requirement as set out in
Paragraph 32 of the NPPF, PPG, and the 2023 WMS, Mackenzie Miller Homes points out
that adequate evidence is necessary to justify this approach.

Yes

ID sylw: 108395

Derbyniwyd: 07/03/2025

Ymatebydd: Alscot Estate

Asiant : Jonathan Thompson Land & Consultancy Limited

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

Other

ID sylw: 108464

Derbyniwyd: 06/03/2025

Ymatebydd: The Bird Group

Asiant : Framptons

Whilst Bird Group are supportive of the Councils taking steps to reduce carbon emissions in new development, we question the focus placed solely on embodied carbon solely associated with buildings/ building materials. If embodied carbon is to be assessed, we believe that the overall impact of proposed a development should be considered at the planning stage e.g. the embodied carbon in any offsite supporting infrastructure that might be specifically required to make the development acceptable in planning terms such as new highways infrastructure. In such cases the embodied carbon impact would clearly be much greater than would be the case for a development which is well located to take advantage of existing infrastructure capacity and requires little of no supporting new infrastructure.

Other

ID sylw: 108473

Derbyniwyd: 07/03/2025

Ymatebydd: Magdalen College, Oxford

Asiant : Savills

Similar to Draft Policy Direction 22, Magdalen College, Oxford considers that matters such as embodied carbon is best addressed at a national level to avoid different approaches and standards being set in different areas. The Planning and Energy Act 2008 does not state that LPAs can set specific standards with regard to the embodied carbon in new buildings. Nor is it included in the Planning Practice Guidance (PPG). This is a new technical standard that should not be established through a Local Plan at a time housebuilders are preparing to work to the Future Homes Standards.
The College has concerns about the impact on deliverability of development of imposing such requirements, particularly on SME developers.

Other

ID sylw: 108551

Derbyniwyd: 29/06/2025

Ymatebydd: Hayfield Homes

The wording of draft Policy Direction 24 is unduly onerous, and it is considered that this should instead be set by national policy/ regulation. The requirement for all new developments of 50 or more dwellings to complete a whole life carbon assessment would create an even greater burden on SME housebuilders and is not considered reasonable or appropriate.
We would refer to the Government’s Written Ministerial Statement of the 13th of December 2023 which states, “the Government does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planning building 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”. We would therefore request that Policy Direction 24 be deleted.

Other

ID sylw: 108577

Derbyniwyd: 07/03/2025

Ymatebydd: Corbally Group (Harbury) Ltd

Asiant : Pegasus Group

As referenced above in relation to Policy Direction 22, it is already proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends that embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. The fact that this is addressed within the policy direction, in allowing applicants to submit a justification where achieving embodied carbon targets is unviable, is supported.

Other

ID sylw: 108624

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 24 – Embodied Carbon
6.10.
As referenced above in relation to Policy Direction 22, it is already proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends that embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. The fact that this is addressed within the policy direction, in allowing applicants to submit a justification where achieving embodied carbon targets is unviable, is
supported.