Preferred Options 2025

7. A Climate Resilient and Net Zero Carbon South Warwickshire

The Government's target is to reach net zero by 2050, and its 2021 Net Zero strategy highlights the importance of the planning system in combatting climate change and supporting sustainable growth.

The Local Plan has a legal duty and decisive role in tackling climate change across South Warwickshire through helping to shape places that reduce carbon emissions and adapt to the expected changes that climate change will bring thereby improving resilience.

Both Councils declared a climate emergency in 2019 and have subsequently produced a Climate Change Action Programme which sets out the actions we must take to deliver on our climate change ambitions including from the business, housing and transport sectors. The Local Plan is one of the ways we can facilitate the delivery of the identified actions.

7.1 Large-Scale Renewable Energy Generation and Storage

A key element in achieving net zero is moving away from fossil fuels in electricity generation. While national schemes are likely to provide the bulk of our electricity, Local Authorities also have a role to play in enabling renewable energy generation schemes to go ahead and ensuring that the planning impacts identified by the affected local community have been fully addressed and the proposal has their backing.

In order to increase the use and supply of renewable and low carbon energy and heat, national policy requires plans to provide a positive approach that maximises the potential for suitable development whilst ensuring that adverse impacts are satisfactorily addressed. This may include renewable, such as solar, wind, hydrogen, biomass, geothermal, hydro and low carbon energy sources and supporting associated infrastructure such as battery storage. Where feasible, dual uses can maximise the benefits from a site, for example incorporating both a solar farm and land cultivation/biodiversity opportunities.

What was said in the I&O

The Issues and Options recognised that different areas of South Warwickshire may be more suited to solar and wind generation than others and that allocating suitable land would set the groundwork for future renewable energy proposals.

The most popular option supported the identification and allocation of land suitable for supporting renewable energy schemes, or at least having a policy supporting these schemes in principle. Overall environmental benefits were recognised as well as the potential for the local community benefit of reduced electricity costs.

Concerns centred around the potential loss of open countryside to solar and wind farm developments, impact on the landscape and degradation of existing views, and potential loss of habitat and wildlife. Responses sought consultation on the methodology for identifying suitable areas for renewable facilities and outlined where possible, solar and wind farms should be kept in dual agricultural use and returned to agricultural use if the renewable energy use is ended.

Noise and potential loss of local amenity were cited as common concerns, and to a lesser extent potential for negative health impacts. Respondents suggested that mandating solar panels on existing buildings would negate the need for large scale renewable energy developments.

Justification

The latest government guidance and NPPF 2024 includes greater support for clean energy and the environment, including through support for onshore wind and renewables. Boosting the delivery of renewable energy is also vital to meet the Government's commitment to reaching zero carbon electricity generation by 2030. Onshore wind and solar are cheap, efficient and quick to build technologies that are an important part of the energy mix.

The policy highlights strong support for renewable energy generation and storage in suitable locations where local amenity, environmental and landscapes are not compromised. The policy provides flexibility in the type of local community benefit to be harnessed from schemes. Further, in recognising the need to ensure suitable land for renewable energy, the policy provides a level of safeguard of suitable land.

The methodology for identifying the general suitability of sites for ground-mounted solar PV uses the technical evidence base (South Warwickshire Local Plan: Climate Change Evidence – Renewables and Decentralised Energy Opportunities, May 2024, produced by Arup), and includes the following filters set out in table 7 below.

Table 7: Filters used to identify sites for ground-mounted solar PV

Noting the larger scale impacts of wind farms, the policy includes requirements to have fully consulted and responded to the local community views on such proposals.

In line with the latest government guidance in support of allocating sites for renewable energy to encourage its delivery, further technical work will be undertaken to establish the area's overall energy requirements and the specific sites for allocation for solar and wind energy.

7.2 Protecting Large Scale Existing Renewable Energy Infrastructure

In addition to supporting the development of new renewable and low carbon energy schemes and installations, it is also important to protect existing large-scale schemes and installations, to ensure that their benefits to the environment and users (e.g., reduced heating bills) continue.

What was said in the I&O

The consultation highlighted general support for renewable energy infrastructure as part of climate change resilience.

Justification

Safeguarding renewable energy schemes, which are now specifically encouraged in local planning policy, is required to ensure the development does not adversely impact their operation.

7.3 Decentralised Energy Systems

Decentralised energy systems supply heat and/or power to specific residential and commercial developments or localities. This may be by capture of waste heat from other processes or generated on site. Decentralised energy systems can be the most efficient way to provide energy, heating and cooling to dwellings where a development is of sufficient size, use mix and density to make such a scheme viable. This may be in the form of District Heating (heat only), Combined Heat and Power, or Micro-grid (power only). These systems can be provided in different ways including through community energy schemes.

Decentralised energy generation with local storage and use will increase the energy resilience of the communities and it will enable cost optimisation based on the grid electricity prices, demand and available supply.

Promoting district heating forms an important part of central government's decarbonisation strategy. Current local plans for Warwick and Stratford districts contain policies (CC.3 and CS.3 respectively) that encourage district heat networks and for developments within to connect to the infrastructure. At present there are no active district heat networks in South Warwickshire.

What was said in the I&O

The Issues and Options noted decentralised energy systems can be the most efficient way to provide energy, heating and cooling to dwellings where a development is of sufficient size, use mix and density to make such a scheme viable.

Most responses sought decentralised energy systems to be utilised for developments over a relevant size threshold, where viable.

The policy reiterates Councils strong support for decentralised energy systems and particularly for those which align with renewable energy sources. New developments will be expected to provide or facilitate a decentralised energy system, unless demonstrated as not viable or feasible. New development will be required to connect to existing or safeguard connections to proposed decentralised energy systems.

In line with the technical evidence recommendations, and in line with Warwick District's Net Zero Carbon DPD criteria, to ensure energy efficiency is maximised with developments - detailed energy statements will be required, to include potential for connection to decentralised energy systems.

7.4 Net Zero Carbon Buildings

There is a legal duty under section 19(1A) of the Planning and Compulsory Purchase Act 2004 to ensure that climate change mitigation and adaptation is a core objective of a local authorities' planning policy. Section 182 of the Planning Act 2008 puts a legal duty on local authorities to include policies on climate change mitigation and adaptation in Development Plan Documents.

To provide clarity it is first necessary to establish clear definitions for what zero carbon means in the context of new development. We will follow the framework definition by UK Green Building Council (UKGC) for net zero carbon buildings. The framework sets out two definitions for net zero carbon buildings – net zero carbon- construction and net zero carbon -operational.

Net zero carbon – construction is when the amount of carbon emissions associated with a building's product and construction stages up to practical completion is zero or negative, through the use of offsets or the net export of on-site renewable energy.

A building is recognized as being net zero carbon - operational when the amount of carbon emissions associated with the building's operational energy on an annual basis is zero or negative. A net zero carbon building is highly energy efficient and powered from on-site and/or off-site renewable energy sources, with any remaining carbon balance offset².

² UKGBC Net Zero Carbon Buildings: A framework Definition-Net-Zero-Carbon-Buildings-A-framework-definition-print-version.pdf (ukgbc.s3.eu-west-2.amazonaws.com)

Figure 17: Steps to Achieving a Net Zero Carbon Building

Source: Net Zero Carbon Buildings Framework | UKGBC

The Future Homes Standard (FHS)and Future Buildings Standards (FBS), expected to be introduced in 2025, will require all new homes to produce 75-80% less carbon dioxide emissions than homes delivered to current Building Regulations standards, with low carbon heating and very high fabric standards. All new homes will be 'zero-carbon ready', requiring no further energy efficiency retrofit work to enable the homes to become net zero-carbon ready, as the electricity grid decarbonises.

The Future Buildings Standard builds on this by setting out energy and ventilation standards for non-domestic buildings, providing a pathway to net zero carbon ready non-domestic buildings.

Warwick District's adopted Net Zero Carbon DPD has brought forward the FHS/FBS by incorporating these standards in the DPD. However, it is the intention of SWLP to include policies and targets that will help achieve net zero in the buildings. The Plan will explore and include policies that will exceed FHS and FBS if the evidence suggests that it is feasible and viable to do so. We will be undertaking a viability assessment for the next iteration of the Plan which is Regulation 19.

What was said in the I&O

A question was asked whether the Plan should not have a specific policy on net zero buildings and the developments should comply with national building regulations, plan should set higher target going beyond building regulation standards or have a phased approach to net zero buildings, setting a future date for developments to achieve net zero. In the interim the developments should comply with building regulation standards.

Approximately 48% of the respondents were in favour of setting standards higher than building standards. It is also interesting to note that there was a noticeable division between the type of respondents. Individuals were more choose the higher standard whereas the landowners and developers were in favour of complying with building regulations. The issue of viability was raised in relation to setting higher standards.

It was also interesting to note that 83% respondents were in favour of the higher standards to be applied to all new developments.

Net Zero Buildings Policies - Next Steps

It is noted that leaving the delivery of net zero carbon to Building Regulations and Future Homes Standards will undermine the statutory duty set out in the Climate Change Act and Planning Act. Both Councils will not be able to be net zero by 2030 and will fail to meet their commitment agreed under the climate emergency declarations by both councils. This approach would also not deliver net zero carbon in line with the Paris Agreement 1.5^oC trajectory. Building Regulations only consider regulated energy use. To achieve net zero both regulated and unregulated energy consumption will need to be met through renewable sources of energy.

The Future Homes Standard only requires new homes to be 'zero carbon ready', leaving further carbon reduction to achieve net zero carbon to homeowners, further adding to the retrofit burden. According to the UK Green Building Council, there are 29 million homes in the UK that will need to be retrofitted before 2050, and at least 15 million need to be retrofitted before the end of this decade. In addition, the issue of embodied carbon is not, at present, considered by any other regulatory framework, and there does not appear to be any plans for it to be considered through building regulations. This leaves a significant policy gap in the delivery of net zero carbon by 2050.

Further work has been commissioned to evaluate what net zero development will look like in SWLP and will mean in terms of deliverability. The findings of the study will be considered, and the Councils will strengthen the climate change policies in light of the new evidence.

Justification

The Climate Change Act 2008 places the United Kingdom under a statutory obligation to achieve at least 100% lower emissions levels than the 1990 baseline by 2050. The duties set out in the act require the government to set carbon budgets every five years and report on their progress and the impact of climate change. Achieving net zero requires action across all sectors including the built environment. If we do not plan to build net zero buildings now there is a risk that it will lead to expensive retrofitting costs in the future and developments will not be able to make full use of efficiencies in design at the outset.

The NPPF 2024 recognises the important role of the planning system in the transition to net zero by 2050, for a sustainable future and in fulfilling the duties set out under the Climate Change Act 2008. The planning system should help to: 'Shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience; encourage the reuse of existing resources, including the conversion of existing buildings and support renewable and low carbon energy and associated infrastructure.' (Para 161 of the NPPF 2024).

It notes further that local plans should take a: 'Proactive approach to mitigating and adapting to climate change, taking into account the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes, and the risk of overheating and drought from rising temperatures. Policies should support appropriate measures to ensure the future health and resilience of communities and infrastructure.' (Para 162 of the NPPF 2024). Planning and Energy Act 2008: Section 182 of the Planning Act (2008) places a legal duty on local planning authorities to ensure that their development plan documents include policy to secure the contribution of development and the use of land in the mitigation of climate change. Provisions in the Planning and Energy Act also enable local planning authorities to set requirements for carbon reduction and renewable energy provision.

Both Councils have commissioned further work to provide up to date policy recommendations for Net Zero and Retrofit policies, which will further refine the policy recommendations for the Plan.

In 2015 the government announced an intention to amend the Planning and Energy Act 2008 through the Deregulation Act 2015. Provisions in the Deregulation Act would have removed the ability for local authorities to set standards that go beyond building regulations. A written ministerial statement was also issued that stated that local plan policies should not exceed the standards found in Level 4 of the Code for Sustainable Homes.

The Government further issued another ministerial in December 2023. The fourth paragraph of the WMS commences with the following statement: In 2015, in reference to an uncommenced provision in the Deregulation Act 2015 which amended the Planning and Energy Act 2008, a written ministerial statement (WMS) (HC Deb, 25 March 2015, vol 584, cols 131-138WS) stated that until that amendment was commenced, local plan policies exceeding minimum energy efficiency standards should not go beyond level 4 of the Code for Sustainable Homes…

This statement reiterates the position that amendments to the Planning and Energy Act 2008 were uncommenced. The Planning and Energy Act 2008 continues to permit local authorities to include policies imposing reasonable standards of energy efficiency that are above those set down in Building Regulations.

The fourth paragraph of the WMS continues to state that: A further change to energy efficiency building regulations is planned for 2025 meaning that homes built to that standard will be net zero ready and should need no significant work to ensure that they have zero carbon emissions as the grid continue to decarbonise. This statement confirms that there are going to be further changes to energy efficiency in building regulations for 2025 which relate to Future Homes Standard (FHS).

Paragraph 5 of the WMS 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 plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations… In considering this statement it is noted that the Government does not expect plan makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations.

However, Paragraph 5 of the WMS also states: 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:

• That development remains viable, and the impact on housing supply and affordability is considered in accordance with the NPPF.
• 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).

It is clear from the above statement that the WMS does not inhibit local authorities in setting targets higher than the national targets if they are justified by robust evidence in terms of deliverability and do not have negative financial constraints on developments.

7.5 Reducing Energy Consumption in Existing Buildings

This policy needs to enable the retrofit of buildings in regard to extensions and alternations of buildings including historic buildings and change of use in determining planning applications. Whilst there are constraints on the ability to retrofit historic buildings and buildings in conversation areas, Local Authorities have introduced policy that add weighting to do this. The policy aims to assist in improving the energy efficiency of existing buildings, complementing the wider policies of this Local Plan which are primarily aimed at new buildings.

What was said in the I&O

The consultation identified the desire to have a specific policy on the retrofit of solar panels and heat pumps in addition to supporting the retrofit of traditional buildings in historic areas.

This was supported in the question regarding net zero planning applications, where over 50% of respondents wanted to include a policy that encourages the retrofit of climate change measures, such as solar panels and heat pumps, including those on traditional buildings or within historic areas.

Furthermore, another question was asked for net zero for planning applications. The options were whether the conversions, change of use and householder applications should be "required" or "encouraged". More than 50% of respondents were in favour of

encouraging the change of use and other developments to be net zero.

Justification

The NPPF 2024 advises that significant weight is attributed to support energy efficiency and low carbon heating improvements to existing buildings, both domestic and non-domestic. This includes reference to the need to consider the impact on heritage assets in line with national policy.

In early 2024, the Government published a review of the barriers to adapting homes for energy efficiency. Whilst noting the important role of historic buildings, and the need to achieve net zero, Government is looking at measures, potentially including changes to permitted development rights, inclusion of improvements to historic buildings in National Development Management Policies, and the greater use of Listed Building Consent Orders. These may reduce the need for specific policies in Local Plans on these issues. But these are not in place, presently.

Addressing the issue of retrofit is outlined by government in The Heat and Buildings Strategy October 2021, which sets a target for existing buildings to achieve an EPC C by 2035 where cost-effective, practical and affordable.

There is already a commitment by Government, to reduce fuel poverty by ensuring as many fuel poor homes in England, as reasonably practicable, achieve a minimum energy efficiency rating of band C by the end of 2030, where practical, cost effective and affordable.

Furthermore, the Clean Growth Strategy (2017) has set a target for as many homes as possible to achieve an EPC of Band C by 2035 and commits to keep energy efficiency standards under review.

A consultation was launched in September 2024 on proposals for the private and social rented properties to achieve a minimum Energy Performance Certificate (EPC) C or equivalent by 2030 to encourage landlords to reach increased levels of home energy efficiency within homes.

In July 2019, both Warwick District Council and Stratford-on-Avon District Council declared a climate emergency, with both Council's setting a 2030 district-wide net zero ambition. The following local policies are in place to support work around the retrofitting of buildings: South Warwickshire Joint Climate Change Action Programme (October 2021), Warwick and Stratford-on-Avon District Councils Baseline and Pathways (Anthesis, June 2021) and (Warwick & Stratford-on-Avon District Councils – South Warwickshire Climate Action Support, Anthesis, June 2021 - Download - Warwick District Council. (warwickdc.gov.uk)).

In addressing historic buildings more widely, it should be recognised that the district of Warwick has a significant number of listed buildings and buildings within Conservation Areas and therefore, retrofit policy should reflect the need to meet both national and local carbon emissions reduction targets, whilst also protecting and conserving historical buildings of significance. To give further significant context, there are approximately 2,150 listed buildings some of which are homes divided into smaller dwellings. Furthermore, there are approximately 14,440 properties falling into one of the thirty-one Conservation Areas within the district, which makes up over 20% of the total homes.

Whilst national EPC targets are useful in the context of setting policy, it is also helpful to understand the EPC performance of buildings locally which is available from the Office of National Statistics.

Of homes within Warwick district, just over 50% of properties have an EPC of band C or above across all property ages and for pre 1930 properties, this is as low as 14%. Within Stratford district, it is a very similar picture of 56% of properties with an EPC band of C or above across all property ages and for pre 1930s properties this is even lower at just over 10% of properties. Energy efficiency of housing in England and Wales - Office for National Statistics (ons.gov.uk) however, This gives further evidence of the scale of the retrofit challenge particularly in older properties within South Warwickshire and of the need to make significant improvement to meet both national and local targets.

7.6 Embodied Carbon

'Embodied carbon' is the carbon dioxide (CO₂) emissions associated with materials and construction processes throughout the whole lifecycle of a building or infrastructure. It includes any CO₂ created during the manufacturing of building materials (material extraction, transport to manufacturer, manufacturing), the transport of those materials to the job site, and the construction practices used. embodied carbon is the carbon footprint of a building or infrastructure project before it becomes operational. It also refers to the CO₂ produced maintaining the building and eventually demolishing it, transporting the waste, and recycling it.

Embodied carbon accounts for a significant proportion of a buildings' whole life carbon; it includes emissions related to raw material supply, manufacturing and transport, construction process and demolition and disposal.

The importance of considering embodied carbon has been identified across the building sector. Embodied carbon thresholds are not mandated in the current Building Regulations, and the FHS and FBS, meaning the Local Plan has an important role in influencing development. There is a growing number of developers and material suppliers that assess the impact of their supply chain and evaluate sectoral pathways for material decarbonisation and alternatives for construction. Embodied carbon emissions are also an integral part of decarbonisation pathways for developers and construction companies that are setting science-based net zero targets to 2050. RIBA Good Practice, 2030 Challenge and LETI have developed guidance about embodied carbon targets of new buildings.

What was said in the I&O

Two options one suggesting that new developments should be required to have 100% reduction in embodied carbon emissions and other suggesting different targets for different types of developments. Respondents were also asked if they were not in favour of any of the two options.

Majority (57.1%) respondents were in favour of Option requiring 100% reduction in embodied carbon.

Justification

Addressing the issue of embodied carbon is closely tied with the concept of a circular economy LETI, in its Embodied Carbon Primer, define the circular economy as a system that is 'restorative or regenerative by intention and design'; In this regard, products, buildings and systems are designed in a way that considers not only how these can be repaired and reused easily, but also how the energy and materials used to construct them can be remanufactured and recycled at the end of their life. This approach enables reductions in the raw materials we extract from the environment over time, our energy demands and the impacts we have upon the wider environment, and by extension, carbon emissions associated with the construction process.

A report on embodied carbon by the House of Commons Environmental Audit Committee stated that:

• The embodied carbon of construction is not assessed or controlled by policy. As a result, no progress has been made on reducing these emissions.
• The construction industry is willing and able to undertake whole-life carbon assessments and the cost of undertaking these assessments can be minimal.
• The standards, methodology and reporting framework for embodied carbon assessment exists, although there is a need for standardisation.
• There is availability of low embodied carbon building products to meet current demand but there are insufficient incentives to develop and use these products.

The report recommended that a mandatory requirement to carry out whole-life embodied carbon assessments be introduced through building regulations and planning policy. At present there is no commitment to introduce embodied carbon assessment into building regulations, just to consult on this. In the absence of this requirement, it is vital that embodied carbon be addressed by planning policy.

Both Councils have commissioned further work to provide up to date policy recommendations for Net Zero and Retrofit policies, which will further refine the policy recommendations for the Plan.

7.7 Climate Resilient Design

Climate change is anticipated to increase average annual temperatures and the occurrence of extreme weather events including heatwaves, flooding, drought and storms. Ensuring that new development and changes to existing buildings respond to these changes is therefore a crucial element in responding to the climate emergency and will create more resilient communities for the future.

Climate resilient design is an approach to development that considers current and future climate conditions to optimise building performance and energy efficiency, as well as reducing the impact of development on the natural environment. The core principles of climate resilient design include adapting to higher temperatures through passive and natural cooling measures, reducing water consumption, managing flood risk and mitigating biodiversity loss.

This policy sets out the climate resilient design requirements for new development and changes to existing buildings and requires all proposals to complete a climate change checklist.

What was said in the I&O

The Issues and Options consultation included questions relating to climate responsive design, with the following results:

• 76% of respondents supported a policy requiring new developments and changes to existing buildings to incorporate measures to adapt to higher temperatures.
• 73% of respondents supported a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flood and drought events.
• Respondents were asked if they would support a policy requiring new development and changes to existing buildings to undertake either a Climate Change Checklist or a Climate Change Risk Assessment. The Climate Change checklist would set out the appropriate range of adaptation and mitigation measures to be incorporated. The Climate Change Risk Assessment would be a more detailed assessment, potentially using Representative Concentration Pathways (RCPs) as a baseline. 46% of respondents were supportive of a Climate Change Checklist, 39% of respondents were supportive of a Climate Change Risk Assessment and 15% of respondents supported neither of these.

Justification

NPPF 2024 recognises in paragraphs 162-164 that factors such as development location, orientation and design can help to reduce greenhouse gas emissions, and it therefore encourages plans to take a proactive approach to mitigating and adapting to climate change.

In December 2021 the Government set changes to the Building Regulations (to come into effect from June 2022) as it works towards implementing the Future Homes and Buildings Standard (after in 2025). This is a set of standards that will complement the Building Regulations to ensure new homes built from 2025 will produce 75-80 per cent less carbon emissions than homes delivered under current regulations. The changes to Building Regulations will ensure that new homes in England will have to produce around 30 per cent less carbon emissions, and new buildings such as offices and shops will have to cut emissions by 27 per cent. The changes include uplifts to fuel and power (Part L) and ventilation (Part F), and notification of a new Approved Document O to mitigate the risk of overheating in new homes. A climate change Topic Paper will provide more details of the changes to building regulations and how these are being expressed in planning documents will be referenced and considered in this local plan.

The technical evidence (South Warwickshire Local Plan Climate Change Evidence: Net Zero and Retrofit Policy Opportunities, Section 5.3.3, produced by Arup) includes policy recommendations for designing neighbourhoods resilient to the effects of climate change.

How we construct and design our buildings has a crucial role in reducing greenhouse gas emissions as well as allow us to build adaptable buildings that can change and adapt to the increasingly extreme climate. Setting sustainable design and construction standards for new developments will help to lower the emissions from the built environment. It will also ensure that new buildings are easily adaptable to the impacts of climate change such as overheating.

7.8 Water Efficiency

Water resources are under significant pressure in the UK and climate change presents further challenges such as increased intensity and frequency of rainfall and a higher frequency of drought events.

The supply and disposal of water also has a significant carbon impact, with the heating of water accounting for 18% of the UK's domestic energy usage (Department for Energy Security and Net Zero, 2022). The process of treating and pumping water has an additional carbon impact. Reducing water use can therefore have a significant impact on reducing carbon emissions.

In recognition of the impact of domestic water usage and that South Warwickshire is classed as an area of serious water stress, this policy implements reduced water usage standards for new development and consideration for water reuse and recycling measures/systems.

What was said in the I&O

The Issues and Options consultation asked a couple of questions related to water efficiency with the following results:

• 73% of respondents supported a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flood and drought events.

Justification

Currently a water efficiency standard of 125litres per person per day is set in Building Regulations with the option for local authorities to require a tighter standard of 110litres per person per day in areas of high-water stress. The Water Cycle Study (2024) carried out on behalf of the Councils recommended that a domestic water efficiency target of 100litres per person per day is considered for all new homes, in line with proposals in the DEFRA Plan for Water and commitments in the Environmental Improvement Plan. The Environment Agency have also stated that they support going further than the optional target in Building Regulations. The Water Cycle Study recommended that water efficiency targets should be achieve using the fittings-based approach outlined in Part G of Building Regulations.

The Water Cycle Study (2024) also recommended that non-residential development over 1000sqm should achieve the BREEAM "excellent standard for water consumption. This was supported by the Environment Agency.

7.9 Water Supply and Wastewater Infrastructure

Development has the potential to have significant impact on water resources. Without good planning it can place additional strain on the water supply and wastewater network. It is therefore essential that key water management techniques are implemented to ensure current resources are used sustainably and that the water environment is not adversely affected by development.

Severn Trent Water is the water supplier and sewerage undertaker for the South Warwickshire area. Developments with planning permission currently have a right to connect to the public water and sewerage systems, however, there is no guarantee that the capacity exists to serve the development. The planned enactment of Schedule 3 of the Flood and Water Management Act will remove this automatic right for new developments to connect to the existing sewer system. A site-by-site assessment of the impact of potential site allocations on the water supply network will be undertaken as the South Warwickshire Local Plan continues to develop.

What was said in the I&O

The Issues and Options consultation didn't include specific questions about water supply and wastewater infrastructure.

Justification

The NPPF 2024 requires that development plan policies should help to deliver the provision of infrastructure for water supply and water quality.

The evidence provided by the 2024 Water Cycle Study makes the following recommendations:

• Undertake a site-by-site assessment of the impact of potential allocations on the water supply network as part of a Stage 2 Water Cycle Study.
• Relieve pressure on the water supply network by requiring increased water efficiency standards.
• Developers will be expected to work with the sewerage undertaker closely and early in the planning promotion process to develop an Outline Drainage Strategy for sites.
• The Outline Drainage strategy should demonstrate the wastewater assets required, their locations including points of connection to the public foul sewerage, whether the site drainage will be adopted by the water company and if any sewer requisitions will be required.
• Developers will be expected to demonstrate to the Lead Local Flood Authority (LLFA) that surface water from a site will be disposed using a sustainable drainage system (SuDS) with connection to surface water sewers seen as the last option. New connections for surface water to foul sewers will be resisted by the LLFA.
• The Local Plan should include policies that require development sites to adopt SuDS to manage water quality of surface runoff.
• Developers should include the design of SuDS at an early stage to maximise the benefits of the scheme.
• Work with developers to discourage connection of new developments into existing surface water and combined sewer networks. Prevent surface water connections into the foul network, as this is a significant cause of sewer flooding.
• Explore the concept of water neutrality and how the Local Plan could encourage this approach.

7.10 Reducing Flood Risk

The NPPF 2024 promotes a sequential approach to identifying new land for development. This ensures that flood risk to people and property is avoided by selecting land at least risk of flooding considering the risk of flooding from all sources. Site layout and design are recognised as ways to influence the risk and impact of flooding, and to provide resilience for climate change.

South Warwickshire has a long history of flooding problems in various locations. The anticipated implications of climate change will only increase the area's vulnerability to such events and it is important therefore to appraise, manage and reduce the risk of flooding, directing development away from areas at risk of flooding wherever possible and to encourage developments to work with and to harmonise with the natural environment and surroundings.

This policy seeks to ensure that development does not place itself or others at increased risk of flooding, making sure that new development takes full account of flood risk, both current risk and future forecast risk, applying both the sequential test to flood risk and the surface water hierarchy for addressing issues of surface water management.

What was said in the I&O

• In the Issues and Options consultation, 73% of respondents supported a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flood and drought events.

Additional comments were received as follows, mainly from individuals rather than landowners and developers:

• There was a suggestion that Councils should work with the local flood authority to implement rural SuDS.
• There was general support for encouraging the use of SuDS to reduce flood risk
• Schedule 3 of the Flood and Water Management Act 2010 should be incorporated into this local plan.
• Water storage should be encouraged along with SuDS and run-off attenuation in both residential and commercial buildings.

• any necessary flood mitigation measures have been agreed with the relevant bodies, where adoption, ongoing maintenance and management have been considered and any necessary agreements are in place.

Justification

The Flood and Water Management Act, 2010 requires better management of flood risk, creates safeguards against rises in surface water drainage discharges and protects water supplies for consumers. It gave a new responsibility to the Environment Agency for developing a National Flood and Coastal Risk Management Strategy and established upper tier local authorities (in our case Warwickshire County Council) as Lead Local Flood Authorities and provided them with a range of duties.

Paragraphs 170-182 of the NPPF 2024 set out the policy for planning for development in flood risk areas. It requires a sequential approach to development: sites should not be allocated, or permitted, if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. It also requires an exception test for proposed development in areas of flood risk: this requires proposed development to show that it will provide wider sustainability benefits to the community that outweigh flood risk, and that it will be safe for its lifetime, without increasing flood risk elsewhere and where possible reduce flood risk overall. Paragraphs 180-182 focus primarily on planning applications and paragraph 182 considers that sustainable drainage systems should be incorporated where applications could affect drainage on or around the site. Local Planning Authorities need to have appropriate policies in place on sustainable drainage systems.

National Planning Policy Practice Guidance (PPG) on Flood Risk and Coastal Change (updated August 2022) provides more detailed guidance as to the application of the sequential and exception tests in the context of plan-making and planning applications. It also provides additional information on the "sequential approach to the location of the development" and provides some over-arching guidance relating to "taking flood risk into account in preparing plans".

Strategic Flood Risk Assessment (SFRA)- Part 1

SFRA provides a comprehensive and robust evidence base to the SWLP authorities to consider main sources of flooding and provides recommendations regarding all sources of flood risk in both authorities. It also included recommendations on cumulative impact of flooding. The final SFRA reports can be accessed using the hyperlink below:

https://www.southwarwickshire.org.uk/swlp/technical-evidence.cfm

The reports are located under the heading A biodiverse and environmentally resilient South Warwickshire.

7.11 Multi-functional Sustainable Drainage Systems (SuDS)

SuDS involve a range of techniques that mimic the way that rainfall drains in natural systems and avoids any increase in flood risk or adverse effect on water quality. Many existing drainage systems can cause problems of flooding, pollution or damage to the environment and are not proving to be sustainable in the long term. SuDS can provide a range of additional ecosystem services, when used appropriately.

Consideration of sustainable drainage systems early in the design process for development, including at the pre-application or master-planning stages, can lead to better integration, multi-functional benefits and reduced land-take. Developers should contact the Lead Local Flood Authority (LLFA) at the earliest convenience, and ideally during the master planning process, for advice on suitable surface water drainage techniques. The Warwickshire County Council Flood Risk Management Guidance for Development should be taken into consideration when designing sustainable drainage systems.

Developments should aim to incorporate a network of smaller dispersed SuDS, instead of reliance upon a single large feature. A single storage structure, often referred to as pipe to pond, is not considered good design. This mitigates against the risk of a single point of failure and provides improved water quality, enhanced biodiversity and aesthetic value. A system of dispersed SuDS should look to retain the first 5mm of rainfall. A single feature may function less effectively compared to a series of smaller features and undesirably deep ponds can pose a health and safety risk with little amenity value to the occupants across a large development they serve. Dispersed features can also manage pollutants contained within runoff using a treatment train approach.

Below ground attenuation is unlikely to be acceptable to the LLFA as it does not meet the requirement for multi-functional SuDS across a development site. Where insufficient space is retained in the layout to incorporate above ground SuDS, the development will likely be regarded as being too dense. Through the use of well-designed high quality, dispersed multifunctional SuDS, excessively large features can be avoided, reducing some of the spatial constraints.

Surface water should be managed as close to source as possible and discharged as high up the surface water drainage hierarchy as possible (shown below). Applicants should undertake a technical assessment using local knowledge and industry best practice guidance, such as infiltration testing, to establish the most appropriate means of discharge. This assessment should consider the condition and capacity of any channel or system receiving discharge. The NPPF and PPG also encourages the incorporation of rainwater harvesting in sustainable drainage systems. Discharge via the sewer network is considered the last resort and where discharging into third party assets (e.g. sewer network), written confirmation from the asset owner of the acceptance of such connection will be required. All redevelopment of brownfield sites should seek to remove existing connections to the public sewer for surface water drainage.

1. Water reuse / rainwater harvesting
2. Into the ground (infiltration);
3. To a surface water body;
4. To a surface water sewer, highway drain, or anther drainage system;
5. To a combined system.

SuDS can provide excellent habitats and blue/green corridors for aquatic & non-aquatic flora and fauna, thereby helping to meet Biodiversity Net Gain (BNG) targets under the Environment Act (2021) and Greening Factor requirements (to be developed). SuDS design should complement local natural assets and deliver on local biodiversity objectives. Opportunities for habitat restoration or enhancement should be sought including connectivity and wildlife corridors between habitats. Layout and vegetation selection should be appropriate to the surrounding conditions and existing species. Appropriate maintenance practises must also be put in place to maintain SuDS features as high-quality habitats as well as their drainage function for the lifetime of the development. Through good design it may be possible to incorporate other areas of open space, play or leisure within SuDS basins.

The management and improvement of water quality should be considered hand-in-hand with the provision of SuDS across a development. Proposals should be accompanied by a proportionate assessment outlining the risks a development poses and how the proposed surface water drainage system will manage and mitigate those risks. The Simple Index Approach provides a useful mechanism for assessing water quality impacts for many developments, however particularly large or high-risk projects may require a detailed qualitative pollution risk assessment that reflect the scale and nature of the development. Proprietary treatment devices such as oil and petrol interceptors/separators are not considered SuDS features, and where they are incorporated within a drainage strategy, should be supplemented with other treatment trains in accordance with the SuDS principles.

This policy sets out the high-level principles for drainage design in new developments incorporating SuDS features. It provides the basis for the incorporation of SuDS in development schemes through the planning system, ensuring that SuDS features are considered at an early stage and incorporated into a scheme design. This policy should be read in conjunction with the Reducing Flood Risk and Green and Blue Infrastructure policies.

Draft policy-K- Multifunctional Sustainable Drainage Systems (SuDS)

In all development the proposed drainage scheme performance should be able to demonstrate no flooding, from all sources, to properties up to and including the 1% annual exceedance probability event (AEP), plus the appropriate allowance for climate change. Development should not be permitted where there is an increase in flood risk to the site or surrounding area.

High-quality sustainable drainage systems (SuDS) should be implemented proportionately at all scales of development to manage surface water run-off. This should be demonstrated through submission of a suitably detailed drainage strategy. SuDS features must be well designed and provide the development with multiple benefits such as, but not limited to, biodiversity, water quantity, water quality and amenity value. For this reason, SuDS features should be above-ground and manage surface water runoff at source by dispersing SuDS throughout the development. Adequate space should be provided throughout the development for these features.

The Drainage Strategy shall demonstrate application of the discharge hierarchy as per the NPPF 2024 with SuDS features built in accordance with the CIRIA C753 SuDS Manual and Warwickshire County Council Flood Risk Guidance for Development. The surface water drainage network must be kept separate from the foul drainage network and connecting surface water to a foul network is unacceptable, as it does not follow the discharge hierarchy. Where a brownfield site is redeveloped, the opportunity to disconnect surface water and highway drainage from combined sewers must be taken.

Surface water discharge rates should be limited to the QBar greenfield runoff rate for all modelled rainfall events up to and including the 1% annual probability event plus the appropriate allowance for climate change, unless otherwise agreed with the LLFA. Run off should be managed as close to where it falls as possible.

SuDS features should be situated outside of any areas of known or modelled flood risk from rivers or surface water. Where the development includes existing watercourses, the risk of river flooding should be fully appraised. This may require applicants to undertake an independently-reviewed hydraulic modelling exercise where existing modelling data is absent or of low quality.

Applicants should give early consideration to overland and flow routing when considering the development layout. Development layout should be sympathetic to any existing watercourse and overland surface water flow routes, using effective master planning to mitigate flood risk. Blue green corridors should be retained and enhanced to provide a buffer from the built environment, enhance water quality and biodiversity, and create open spaces of amenity.

Development proposals will be required to protect and improve the quality of water bodies in and around the county, and any SuDS scheme should look to complement the surrounding water environment.