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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.