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ID sylw: 107909

Derbyniwyd: 07/03/2025

Ymatebydd: TERRA

Asiant : Lichfields (Birmingham)

Terra 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.
2.105 Whilst the SWAs are within its right 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).
2.106 In this context, whilst supportive in principle, Terra is concerned that the SWAs are seeking
to make provision for a policy that deviates from the national requirements without
providing sufficient justification.
2.107 Terra 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.
2.108 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).
2.109 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).
2.110 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”
2.111 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.
2.112 In light of the above, Terra 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 – Terra note that sufficient evidence to support this
approach is required.