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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.