Policy CC7 – Renewable and Low Carbon Energy and BREEAM Standards

Support

Representation ID: 13323

Received: 10/10/2021

Respondent: Miss Elaina Gorman

All new housing should also be built with this in mind and any redevelopment - solar pane;, the new green boilers etc.

Comment

Representation ID: 13584

Received: 27/10/2021

Respondent: Lanpro Services

Policy CC7 - Renewable and Low Carbon Energy and BREEAM Standards
Part 1 of the Policy outlines that 'Proposals involving the development of renewable or low carbon energy sources will be permitted where
the proposal accords with local and national guidance and would not significantly harm the natural, historic or built environment or
have a significant adverse effect on the amenity of those living or working nearby, in terms of visual, noise, odour, air pollution or other
effects...'. The use of the 'and' clause following 'national guidance' has the effect of stipulating that proposals which have any element of
significant harm will not be permitted. This is contrary to the principle of planning balance that is required of decision takers by the
NPPF. In practical terms, a proposal for renewable energy may have a single significant harmful impact, but this may be outweighed
by the benefits of the proposal. The policy should allow for such circumstances. We would suggest rewording the policy and adding
text to the effect of 'unless material considerations state otherwise'. We would also suggest additional wording is added to the policy
to encourage independent renewable proposals to be brought forward separately from other development, to be clear that the
Council is committed to meting Net Zero by 2041 and will work with applicants to achieve this.
We welcome the narrative in the supporting text that acknowledges that many types of renewable and low carbon energy generation
is considered to be appropriate on the Black Country.

Comment

Representation ID: 16741

Received: 11/10/2021

Respondent: Mr John Christophers

Dear Black Country consultation
My main comment on the plan is that all new homes should be built to net zero carbon standards now.
The policy should include operational carbon emissions but also embodied carbon emissions. For a new home, the embodied carbon emissions from construction can be as much as half the carbon footprint measured over its 60-year design life (RICS, 2017).
There is a considerable evidence base for much stronger local standards, a there is no agreed national standard, “Future Homes standard” still be some years away and subject to consultation.
The statutory Climate Change Committee have repeatedly made clear that national policies for new homes are not yet driving change at the required pace (CCC, 2019).
The United Nations, IPCC, and other commentators consider 2050 targets will be too late to prevent irreversible climate change, missing the Paris target to limit global warming to 1.5degC (UNCC, 2021), (IPCC, 2021).
The Good Homes Alliance (GHA) Vanguard Network unites many local authorities who want to “Build Net Zero Now”, rather than waiting for 2025 or 2030 (GHA, 2020).
There is clear evidence that new homes built merely to minimum Building Regulations standards - ie not built to zero carbon standards - would be five times more expensive to retrofit a decade later (Currie & Brown, 2019).
Construction is clearly the best point at which to make a home both energy efficient and low carbon.
I am happy to amplify/discuss any of these points further if you wish.
References
RICS (2017) Royal Instute of Chartered Surveyors. Whole life carbon assessment for the built environment. Available at: https://www.rics.org/globalassets/rics-website/media/news/whole-lifecarbon-assessment-for-the--built-environment-november-2017.pdf [Accessed 16 July 2021]
CCC (2019) Climate Change Commttiee. UK Housing: fit for the future? Available at: https://www.theccc.org.uk/publication/uk-housing-fit-for-the-future/ [Accessed 16 July 2021]
UNCC (2021) United Nations Climate Change. NDS Synthesis report. Available at:
https://unfccc.int/news/climate-commitments-not-on-track-to-meet-paris-agreement-goals-as-ndc-synthesis-report-is-published [Accessed 16 July 2021]
IPCC (2021) Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the
Sixth Assessment Report of the Intergovernmental Panel on Climate Change. Available at:
https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_SPM.pdf [Accessed 10 Aug 2021]
GHA (2020) Good Homes Alliance. Build Net Zero Now. Campaign initiative Available at:
https://goodhomes.org.uk/campaign/build-net-zero-now [Accessed 12 Jan 2021]
Currie & Brown (2019) The costs and benefits of tighter standards for new buildings: A Report for the Committee on Climate Change. Available at: https://www.theccc.org.uk/publication/the-costs-and-benefits-of-tighter-standards-for-new-buildings-currie-brown-and-aecom/ [Accessed 12 February 2021]

Object

Representation ID: 20992

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.28 - 10.29 - No evidence to support a 19% carbon reduction improvement over part L of building regulations and reference to separate legislation not in force is not appropriate for a development plan document. The justification acknowledges viability issues before site specific circumstances are known and it is not sound to include a blanket requirement.

Support

Representation ID: 21253

Received: 11/10/2021

Respondent: Newlands Developments

Policy CC7 (Renewable and Low Carbon Energy and BREEAM Standards) identifies that major development must:

With regard to BREEAM Standards, Part 6 of Draft Policy CC7 requires all new non-residential developments greater than 5,000 sqm gross to meet BREEAM Excellent Standards, unless it can be demonstrated that achievement of the standard would make the proposal unviable, through submission of an independently assessed financial viability appraisal. Draft Policy CC7 is therefore generally supported as it notes that achieving BREEAM excellent may not always be a viable option.

Comment

Representation ID: 21276

Received: 11/10/2021

Respondent: Redrow Homes Ltd

Agent: Savills

Policy CC7 – Renewable and Low
The Policy requires that major developments should achieve a 19% carbon reduction improvement and incorporate renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion. These requirements are considered to be over and above the requirements of PPG which states that Local Plans “can set energy performance standards for new housing or the adaptation of buildings to provide dwellings, that are higher than the building regulations, but only up to the equivalent of Level 4 of the Code for Sustainable Homes” (Reference ID: 6-012-20190315).

The PPG also states that if a Council is “considering policies on local requirements for the sustainability of other buildings, local planning authorities will wish to consider if there are nationally described standards and the impact on viability of development” (Reference ID: 6-009-20150327). The Viability and Delivery Study (May 2021) has assumed £4,615 per unit for this policy. We consider that this is a significant amount of money per dwelling just to meet energy requirements without any of the other requirements being sought in the plan to be taken into account e.g. affordable housing, specialist housing, accessible dwellings, Green – Belt compensation and other S106 contributions and CIL monies that will be sought by the Council and statutory consultees.

In relation to developments providing at least 20% of energy from renewables, consideration should be given to the capital cost and land take involved to achieve this requirement which we do not consider has been undertaken in the Council’s evidence base. Furthermore, it should be noted that it is now the case that sourcing energy from the National Grid can actually, in some cases be more sustainable than small scale renewable energy production as each year they are sourcing more of their energy from renewable sources.
We consider that the policy should be amended to ‘encourage’ development to apply the energy hierarchy to reduce energy demand and minimize carbon dioxide emissions. The policy should state that this will be subject to viability and suitability considerations at the application stage.

Comment

Representation ID: 21302

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy CC7 – Renewable and Low Carbon Energy and BREAAM Standards
This Draft Policy seeks to ensure that a high standard of sustainable design is secured on all new developments over the Plan period, primarily through a list of requirements and standards. All proposals of ten or more homes are to achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document Part L 2013. In addition, they must incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the residual energy demand of the development on completion. It is advised that a variety of renewable and low-carbon energy sources and generation methods should be assessed and costed, including on-site and off-site sources where appropriate, and the use of district heat and / or decentralised energy networks. An energy assessment must be submitted. Some flexibility is provided in the case of viability issues and practical constraints resulting in the requirements being unachievable.

Whilst the principle of addressing climate change via the design of new dwellings is supported as part of overall sustainable development, the costs associated with the local policy requirements proposed should be fully accounted for within the Viability Assessment (in line with the (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509). Whilst the Viability Assessment appears to reflect these considerations (in table 3.5) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 58).

Comment

Representation ID: 21357

Received: 11/10/2021

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

POLICY CC7 – RENEWABLE AND LOW CARBON ENERGY AND BREEAM STANDARDS
The intention of Policy CC7 is recognised by WDH, who has adopted a holistic fabric-first approach in their house type design that seeks to reduce each dwelling’s inherent energy demand and aims to reduce energy waste and CO2 emissions by increasing energy efficiency.

However, as currently drafted the policy is not “clearly written and unambiguous, so it is evident how a decision maker should react to development proposals” in accordance with NPPF paragraph 16d. For example, policy requirement 3a states that developments of 10 or more homes should “achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standards than this that is required under new national planning policy or building regulations.” From that, however, it is not clear whether, at the point that the new national standards have been adopted, a 19% carbon reduction improvement will still be required, and whether a “higher standard” will then be required above that.

Notwithstanding that lack of clarity, requirements that go over and above the Government’s approved Building Regulations must be justified based on proportionate evidence, and should be taken into account in a Viability Assessment to ensure that the policy requirement, alongside the cumulative cost of other policy requirements, do not render developments unviable.

As such, it is suggested that Policy CC7 should not seek an uplift over and above the current Building Regulations given the lack of justification given, and also should not pre-empt any future Building Regulations requirements. Rather, it would be more suitable to seek adherence to “the Government’s latest Building Regulations”, which will ensure that the policy is not quickly rendered out-of-date or is not undeliverable.

Comment

Representation ID: 21771

Received: 11/10/2021

Respondent: St Philips

Agent: Lichfields

3.28 Draft Policy CC7 states that major developments creating ten or more homes must “achieve a
19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations.”

3.29 St Philips supports the objective of achieving net zero carbon development but considers that the BCP should comply with the Government’s intention of achieving net zero carbon development through the Building Regulations. As such, the BCA’s proposed policy approach is unnecessary because of the higher levels of energy efficiency standards for new homes proposed in the 2021 Part L uplift and the Future Homes Standard 2025.

3.30 Draft Policy ENV9 is unsound because it fails the four tests of soundness as per NPPF
paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Support

Representation ID: 21828

Received: 11/10/2021

Respondent: Dr Osman Dervish

Agent: RCA Regeneration Ltd

CC7 - Renewable and Low Carbon Energy and BREEAM Standards
2.17. We consider that, linked to the above policy CC2, the aims of CC7 are laudable, it is clear that there is some duplication between this planning policy and Building Regulations, which are delivered in any case. There are therefore elements of this policy which are not particularly justified or necessary, insofar as they effectively repeat Building Regulations requirements.

Comment

Representation ID: 21973

Received: 06/10/2021

Respondent: Pat Barden

All new builds should incorporate electric only (no gas) and solar panels should be installed on EVERY NEW PROPERTY BEING BUILT.

Comment

Representation ID: 22165

Received: 06/10/2021

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

We consider that, linked to the above policy CC2, the aims of CC7 are laudable, it is clear that there is some duplication between this planning policy and Building Regulations, which are delivered in any case. There are therefore elements of this policy which are not particularly justified or necessary, insofar as they effectively repeat Building Regulations requirements.

Comment

Representation ID: 22199

Received: 11/10/2021

Respondent: Druids Heath Golf Club

Agent: Harris Lamb

We support the objective of delivering higher levels of sustainability in new development, however, we disagree with the need for this policy. It largely replicates Building Regulations.

Support

Representation ID: 22220

Received: 11/10/2021

Respondent: Steve Crutchley

Policy CC7 – Renewable and Low Carbon Energy and BREEAM Standards

We support the objective of delivering higher levels of sustainability in new development, however, we disagree with the need for this policy. It largely replicates Building Regulations.

Support

Representation ID: 22290

Received: 21/01/2022

Respondent: Miss Jodi Stokes

Renewable and Low Carbon Energy and BREEAM Standards

9.9 Draft Policy CC7 (Renewable and Low Carbon Energy and BREEAM Standards) requires that major developments creating ten or more homes or non-residential floorspace of 1,000 sqm gross or more (whether new build or conversion) must achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations; and, in addition b) incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion. All new build non-residential developments, student housing and care homes of 1,000 sqm gross or more should achieve the relevant BREEAM Standard. We agree that this policy requirement is appropriate and in line with the requirements of the revised NPPF.

Object

Representation ID: 22292

Received: 11/10/2021

Respondent: Investin PLC

Agent: Lichfields

3.28 Draft Policy CC7 states that major developments creating ten or more homes must “achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations.”
3.29 Investin supports the objective of achieving net zero carbon development but considers that the
BCP should comply with the Government’s intention of achieving net zero carbon development through the Building Regulations. As such, the BCA’s proposed policy approach is unnecessary because of the higher levels of energy efficiency standards for new homes proposed in the 2021 Part L uplift and the Future Homes Standard 2025.
3.30 Draft Policy ENV9 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Comment

Representation ID: 22403

Received: 11/10/2021

Respondent: RCA Regeneration Ltd

CC7 - Renewable and Low Carbon Energy and BREEAM Standards
2.18. We consider that, linked to the above policy CC2, the aims of CC7 are laudable, it is clear that
there is some duplication between this planning policy and Building Regulations, which are
delivered in any case. There are therefore elements of this policy which are not particularly
justified or necessary, insofar as they effectively repeat Building Regulations requirements.

Object

Representation ID: 22429

Received: 11/10/2021

Respondent: St Philips

Agent: Lichfields

3.28 Draft Policy CC7 states that major developments creating ten or more homes must “achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations.”
3.29 St Philips supports the objective of achieving net zero carbon development but considers that the BCP should comply with the Government’s intention of achieving net zero carbon development through the Building Regulations. As such, the BCA’s proposed policy approach is unnecessary because of the higher levels of energy efficiency standards for new homes proposed in the 2021 Part L uplift and the Future Homes Standard 2025.

3.30 Draft Policy ENV9 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Comment

Representation ID: 23073

Received: 11/10/2021

Respondent: St Philips

Agent: Savills

Policy CC7 – Renewable and Low Carbon Energy and BREEAM Standards
The Policy requires that major developments should achieve a 19% carbon reduction improvement and incorporate renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion. These requirements are considered to be over and above the requirements of PPG which states that Local Plans “can set energy performance standards for new housing or the adaptation of buildings to provide dwellings, that are higher than the building regulations, but only up to the equivalent of Level 4 of the Code for Sustainable Homes” (Reference ID: 6-012-20190315).
The PPG also states that if a Council is “considering policies on local requirements for the sustainability of other buildings, local planning authorities will wish to consider if there are nationally described standards and the impact on viability of development” (Reference ID: 6-009-20150327). The Viability and Delivery Study (May 2021) has assumed £4,615 per unit for this policy. We consider that this is a significant amount of money per dwelling just to meet energy requirements without any of the other requirements being sought in the plan to be taken into account e.g. affordable housing, specialist housing, accessible dwellings, Green – Belt compensation and other S106 contributions and CIL monies that will be sought by the Council and statutory consultees.
In relation to developments providing at least 20% of energy from renewables, consideration should be given to the capital cost and land take involved to achieve this requirement which we do not consider has been undertaken in the Council’s evidence base. Furthermore, it should be noted that it is now the case that sourcing energy from the National Grid can actually, in some cases be more sustainable than small scale renewable energy production as each year they are sourcing more of their energy from renewable sources.
We consider that the policy should be amended to ‘encourage’ development to apply the energy hierarchy to reduce energy demand and minimize carbon dioxide emissions. The policy should state that this will be subject to viability and suitability considerations at the application stage.

Comment

Representation ID: 23176

Received: 11/10/2021

Respondent: Environment Agency

Ground Source Heat Pump (GSHP) systems can be used for heating or cooling and are, in principle, energy and CO2 efficient. However, unless they are managed carefully there is the potential that the ground and groundwater can eventually warm or cool to a point where the system cannot continue to operate efficiently, or at all. Adjacent systems may also interfere with each other. The system operator should also consider
potential for loss or damage to third parties. The following key issues should be taken into consideration:

• Risk of the pipes or borehole(s) creating undesirable connections between rock or soil layers. This may cause pollution and/or changes in groundwater flow and/or quality.
• Undesirable/unsustainable temperature changes in the aquifer or dependent surface waters.
• Pollution of water from leaks of polluting chemicals contained in closed loop systems.
• Pollution of water from heat pump discharge from an open loop system that contains additive chemicals.
• Impacts of re-injection of water from an open loop system into the same aquifer, both hydraulic and thermal, as well as any water quality changes induced.
• The potential impact of groundwater abstraction for ground source heat systems on other users of groundwater or surface water.

We expect developers to undertake appropriate prior investigations for these systems. This should include environmental risk assessment and method statements for the construction and operation of the systems. These may be provided as part of the planning process.

Any proposals for renewable and low carbon energy generation may be subject to the requirement of the Environmental Permitting Regulations and therefore require an environmental permit under the Environmental Permitting (England & Wales) Regulations 2016, from the Environment Agency, unless an exemption applies. For such proposals we recommend that the Environment Agency is contacted for further advice and to discuss the issues likely to be raised.

Surface water heat pumps may also require permits from the Environment Agency. A national code of practice has been published by the Chartered Institute of Building Services Engineers (CIBSE). The Code sets minimum requirements and recommends best practice, allowing developers to include it as part of the tendering/contract process for a project. The work has been supported by the Department for Energy and Climate Change, with the Environment Agency as an active member of the project steering group. The Code is available to purchase through CIBSE but you can read more about it in their summary leaflet here: leaflet

More information on the permits required from the Environment Agency for both ground source and surface water source systems is available here: https://www.gov.uk/guidance/open-loop-heat-pump-systems-permits-consents-and- licences

12.48 - Any proposals for coal bed methane exploration will need to be considered for a permit under the Environmental Permitting (England & Wales) Regulations 2016, from the Environment Agency, unless an exemption applies. For such proposals we recommend that the Environment Agency is contacted for further advice and to discuss the issues likely to be raised.

Object

Representation ID: 23342

Received: 11/10/2021

Respondent: Bloor Homes

Proposed policy CC7 requires developments of 10 or more dwellings to achieve a 19% carbon
reduction improvement upon the requirements of Part L 2013, or any higher standard required under Building Regulations. Major developments should also generate energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion. An energy assessment must be submitted with the planning application to demonstrate these requirements have been met. Only if the achievement of the target would make the proposal unviable, or if there are practical constraints, can the target be reduced.

BHL recognise that increasing the amount of energy from renewable and low carbon technologies will help to make sure there is a secure energy supply and reduce greenhouse gas emissions to slow down climate change. BHL considers that planning has an important role in the delivery of new renewable and low carbon energy infrastructure, however, policies should ensure that they follow nationally consistent set of standards/timetables and are implementable.

BHL are aware that there is now a clearer and quicker roadmap to a lower-carbon future for new homes following the results of The Future Homes Standard 2019 Consultation on changes to Part L (conservation of fuel and power) and Part F (ventilation) finally published in January 2021. BHL note that from June 2022, new homes will have a 31% reduction in CO2, when compared to current standards which will be stated in the new interim Part L and Part F Legislation (December 2021); before bigger changes in 2025 that will mean a 75% reduction in CO2 in new dwellings. Yet, the
Government’s own response to The Future Homes Standard Consultation admits that that the interim Part L won’t see an immediate increase to install heat pumps, simply because the skills and supply aren’t yet set up at this scale. The Government also confirmed that the Planning and Energy Act 2008 will not be amended and therefore, BHL are aware that the BCA can set local energy efficiency standards for new homes.

However, BHL consider that the BCA should comply with the Government’s intention of setting standards for energy efficiency through the Building Regulations. BHL believe that the success of achieving a low carbon future is by standardisation rather than individual Council’s specifying their own policy approach to energy efficiency. In addition, the BCA has not provided any evidence to specify these local standards and so this policy is not in accordance with paragraph 31 of the
NPPF. BHL consider that the BCA should not set their own local energy efficiency standards to achieve the shared net zero goal because of the higher levels of energy efficiency standards already proposed in
the 2021 Part L uplift and the Future Homes Standard 2025.

Object

Representation ID: 23358

Received: 30/09/2021

Respondent: Seven Homes

Agent: RCA Regeneration Ltd

CC7 - Renewable and Low Carbon Energy and BREEAM Standards
2.17. We consider that, linked to the above policy CC2, the aims of CC7 are laudable, it is clear that
there is some duplication between this planning policy and Building Regulations, which are
delivered in any case. There are therefore elements of this policy which are not particularly
justified or necessary, insofar as they effectively repeat Building Regulations requirements.

Support

Representation ID: 23434

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

9.20 We are generally supportive of Draft Policies CC2 and CC7 which relate to the mitigation of, and adaptation to, climate change.

However, it is important to note that decentralised energy provision and renewable and low carbon energy dwellings may not always be practicable or viable in new developments. Therefore, we are supportive of Draft Policies CC2 and CC7 insofar as they allow for such requirements to be reduced where it can be clearly demonstrated that it is not practical or viable

Comment

Representation ID: 23529

Received: 11/10/2021

Respondent: Historic England

Development proposals will need to consider the harm to the historic environment and ensuring that any proposals protect the significance of heritage assets, including their setting. We recommend that the policy supports appropriate and sensitively located renewable energy installations that do not harm the historic environment, including their setting.

Object

Representation ID: 43849

Received: 05/10/2021

Respondent: St Philips

Agent: RCA Regeneration Ltd

2.19. We consider that, linked to the above policy CC2, the aims of CC7 are laudable, it is clear that there is some duplication between this planning policy and Building Regulations, which are delivered in any case. There are therefore elements of this policy which are not particularly justified or necessary, insofar as they effectively repeat Building Regulations requirements.

Object

Representation ID: 43887

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

11.42 Policy CC7 relates to renewable and low-carbon energy. It states that major developments of 10 or more homes must achieve a 19% carbon reduction improvement over the requirements of the Building Regulations Part L 2013 or achieve any higher standard than this that is required under new national planning policy or Building Regulations and, in addition, incorporate generation of energy from renewable or low-carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development. This requirement would clearly impose a significant burden upon even relatively small scale proposals. The justification does not identify any evidence as to why 19% is the appropriate target. As is the case with other policies relating to energy generation and/or nature conservation, referring to either separate regulatory regimes or standards that are not currently in force, is not appropriate for a development plan policy.
11.43 In addition, it is also recognised in the justification of the policy (Paragraph 10.211) that the 20% renewable energy requirement will impact on some major developments within the Black Country from a viability perspective. If this is already acknowledged on the macro level, before site specific circumstances which can impose further development costs are established, then it is not sound to include a blanket policy requirement of this type. In addition, the justification indicates that as well as the 19% carbon reduction improvement required for major development under Policy CC7, the requirement for energy generation (20%) would be beyond the already discounted figures. This is unduly onerous and not backed up by evidence.

Comment

Representation ID: 44853

Received: 11/10/2021

Respondent: Ruskin Properties

It is unclear whether the requirement for small development to derive energy from renewable sources sufficient to off-set at least 10% of the estimated residual energy demand and for major development to achieve a 19% carbon reduction improvement from Part L of the Building Regulations has been factored into viability work undertaken as part of the plan. On what basis has the additional 19% been sought for the Black Country?
The policy requires a variety of renewable and low carbon energy sources and generation to be costed, including on and off-site sources. It would be difficult to achieve this level of input at the planning application stage due the technical stage of a scheme not having been reached. Given that many brownfield sites are on the margins of viability, it does not seem reasonable to seek standards for developments locally that will exceed standards sought by Building Regulations.
Like many of the aspirational policies on energy and low carbon it is unclear how these will be implemented or what information will be sought to support planning application submissions. Many of the policies appear to be requiring more and more up-front work to be prepared with planning applications prior to designs being finalised or planning permission being granted. This seems unreasonable at this stage. If such policies are to remain, these should form conditions to planning permissions.

Object

Representation ID: 44956

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Policy CC7 - Renewable and Low Carbon
Energy and BREEAM Standards

23.1Taylor Wimpey objects Policy CC7 which requires that major developments creating ten or more homes must:
a achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than that is required under new national planning policy or building regulations;
b incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion.

23.2 It also requires assessment of the use of district heat and / or decentralised energy networks.

23.3 Taylor Wimpey recognises the benefits of reducing energy use and promoting renewable technologies and meets Part L on all sites and regularly seeks efficiencies above the recommended standard. However, we consider that no clear evidence has been provided in the Draft BCP to confirm why a 19% reduction has been identified and why it is justified.

23.4 In addition, the policy relates to a proposed reduction in Building Regulation targets. The control of emissions is controlled through Building Regulations and the application of a Local Plan policy which seeks a reduction below these targets is not appropriate. In order to ensure consistency with the Building Regulations, it is considered that any reduction in emissions should be informed by up to date Building Regulations targets rather than through the application of a local plan policy.

23.5 Taylor Wimpey also notes that no clear justification or evidence is provided for the 20% renewable or low carbon sources requirement in Part 3(b) of the policy. It appears that the BCP authorities have selected an arbitrary figure for this requirement which is based on policy aspiration only and is not supported by any evidence.

23.6 The justification text to the policy indicates that the 20% requirement should be applied to the residual energy demand of the development, after application of the 19% carbon reduction improvement required by policy CC7. The costs to developers of meeting these requirements would therefore be significant .

23.7 The Viability Study indicates that cost applied to meet these standards is £4,615 per unit which is the cost of Option 2 Part L Interim Uplift 2021. The cost of Future Homes Standard 2025 will be much higher and further extra-over costs should be included. We also note that the BCP Viability Study excludes any additional costs associated with compulsory connections to heat networks.

23.8 Taylor Wimpey considers that the BCA should comply with the Government’s intention of achieving net zero carbon development through the Building Regulations. The proposed policy approach is unnecessary because of the higher levels of energy efficiency standards for new homes proposed in the 2021 Part L uplift and the Future Homes Standard 2025.

Object

Representation ID: 44985

Received: 09/03/2022

Respondent: Taylor Wimpey

Agent: Lichfields

23.0 Policy CC7 - Renewable and Low Carbon
Energy and BREEAM Standards
23.1 Taylor Wimpey objects Policy CC7 which requires that major developments creating ten or more
homes must:
a achieve a 19% carbon reduction improvement upon the requirements within Building
Regulations Approved Document, Part L 2013, or achieve any higher standard than
that is required under new national planning policy or building regulations;
b incorporate generation of energy from renewable or low carbon sources sufficient to
off-set at least 20% of the estimated residual energy demand of the development on
completion.
23.2 It also requires assessment of the use of district heat and / or decentralised energy networks.
23.3 Taylor Wimpey recognises the benefits of reducing energy use and promoting renewable
technologies and meets Part L on all sites and regularly seeks efficiencies above the
recommended standard. However, we consider that no clear evidence has been provided in the
Draft BCP to confirm why a 19% reduction has been identified and why it is justified.
23.4 In addition, the policy relates to a proposed reduction in Building Regulation targets. The
control of emissions is controlled through Building Regulations and the application of a Local
Plan policy which seeks a reduction below these targets is not appropriate. In order to ensure
consistency with the Building Regulations, it is considered that any reduction in emissions
should be informed by up to date Building Regulations targets rather than through the
application of a local plan policy.
23.5 Taylor Wimpey also notes that no clear justification or evidence is provided for the 20%
renewable or low carbon sources requirement in Part 3(b) of the policy. It appears that the BCP
authorities have selected an arbitrary figure for this requirement which is based on policy
aspiration only and is not supported by any evidence.
23.6 The justification text to the policy indicates that the 20% requirement should be applied to the
residual energy demand of the development, after application of the 19% carbon reduction
improvement required by policy CC7. The costs to developers of meeting these requirements
would therefore be significant .
23.7 The Viability Study indicates that cost applied to meet these standards is £4,615 per unit which
is the cost of Option 2 Part L Interim Uplift 2021. The cost of Future Homes Standard 2025 will
be much higher and further extra-over costs should be included. We also note that the BCP
Viability Study excludes any additional costs associated with compulsory connections to heat
networks.
23.8 Taylor Wimpey considers that the BCA should comply with the Government’s intention of
achieving net zero carbon development through the Building Regulations. The proposed policy
approach is unnecessary because of the higher levels of energy efficiency standards for new
homes proposed in the 2021 Part L uplift and the Future Homes Standard 2025.
23.9 Policy CC7 is considered to be contrary to the Framework [§35] as it is not justified and based on
proportionate evidence. In order to ensure that the Policy is sound Taylor Wimpey considers
that Parts 3, 4 and 5 of Policy CC7 should be deleted.

Comment

Representation ID: 46202

Received: 11/10/2021

Respondent: Vulcan Property II Limited

Agent: Maddox Planning

The supporting text to draft policy CC7 (paragraph 10.208) includes the caveat ‘…where financially viable’ to the requirement that major developments achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013. There will be reasons why some development cannot achieve 19% or there is a clear justification for it achieving a lesser carbon reduction. The policy text at CC7 (3a) does not include the same caveat, which it should do to ensure that there is consistency between the policy and supporting text and that the policy overall passes the test of soundness.

The support text (paragraph 10.210) also includes the caveat, in respect of all new development contributing towards renewable and low carbon energy generation, that this is where such a contribution is financially viable and feasible to implement. The draft policy text (at CC7 5a/5b) establishes the same caveats, and the same consistency needs to be applied in respect of carbon reduction at CC7 (3a).