Planning and Climate Change

“..climate change represents a potentially catastrophic threat but it is within out control to address it – and address it we must.”

Climate change?

Consequence of man or naturally occurring phenomenon? – Al Gore v Nigel Lawson

Impetus lies with those who believe it is the human race.

Planning already has the concept of “sustainable development”, but it is recognised that more drastic steps required!

Consequently Governments are responding with legislative and policy initiatives. – Kyoto Protocol and in UK the Climate Change Act 2008– Copenhagen Treaty?

Sustainable Development

“a better quality of life for everyone, now and for future generations”

Sustainable development enshrined in PPS1 (Jan 2005) which says it is “the core principle underpinning planning”

Aims;– social progress which recognises the needs of everyone;– effective protection of the environment;– the prudent use of natural resources; and– the maintenance of high and stable levels of economic growth and

employment

Climate change has, to date, been just one aspect of sustainable

development.

Climate change – current action?

Government has published the Planning and Climate Change Supplement to PPS1 (“the Supplement”)

“Tackling climate change is a key Government priority for the planning system”

“Addressing climate change is therefore the Government’s principal concern for sustainable development”

Sets out the role climate change considerations have in determining planning applications and development control decisions

– Interesting to note that the Government view climate change as the greatest long-term challenge facing the world today

Legal basis for the Supplement

Stand alone national policy document and which is a material planning consideration now

However underpinned by Planning Act 2008 – requires policies to be included in RSS / LDD to secure

development contributes to mitigation of, and adaptation to, climate change

It specifically states that it takes precedence where there is any inconsistency / difference between it and the other PPSs.

Climate Change Supplement

Its aim is to set out “how planning should contribute to reducing emissions and stabilising climate change and take

into account the unavoidable consequences”

Emphasises that climate change considerations are relevant at all stages of the planning process– so from formulation of spatial strategies (RSS / LDD) to the making

of decisions on individual applications

It contains clear recognition of planning’s role in tackling climate change through emissions reductions;

– Building Regulations being tightened to get new homes to be ‘zero carbon’ by 2016 (all non-domestic buildings by 2018)

– Supplement sets out how regional / local planning authorities can best support this

Supplement – How are the aims achieved? By setting ‘Key Planning Objectives’ which include requiring

new development to;

– Deliver the Government’s Climate Change Programme and energy policies, and in so doing contribute to global sustainability;

– Secure the highest viable resource and energy efficiency and reduction in emissions;

– Minimise vulnerability, and provide resilience to, climate change;

– Conserve and enhance biodiversity, recognising that the distribution of habitats and species will be affected by climate change;

– Reflect the development needs and interests of communities and enable them to contribute effectively to tackling climate change;

– Respond to the concerns of businesses and encourage competitiveness and technological innovation in mitigating and adapting to climate change.

Achieving the Key Planning Objectives - the RSS

Climate change should be a key and integrating theme of the RSS – in conjunction with economic, social and environmental concerns

RSSs should;

– Focus substantial new development to locations accessible other than by private car and where energy can be gained from de-centralised energy supply systems or where there is potential for this to be realised

– Ensure opportunities for supply of renewable and low-carbon sources of energy are maximised

– Set targets for renewable energy generation (PPS22)

– Encourage practices that result in carbon sinks

– Take account of water resource availability

– Avoid locating development in areas vulnerable to effect of climate change e.g. flooding!

The South East Plan (our RSS)

“The Plan is a key tool to help achieve more sustainable development, protect the environment and combat climate change”

Core Objective

“xiv. new development will be delivered in a manner which mitigates the effects of, and adapts to, climate change”

Cross cutting policies

Policy CC1 – Sustainable Development

Policy CC2 – Climate Change

Policy CC3 – Resource Use

Policy CC4 – Sustainable Design and Construction

Policy CC8 – Green Infrastructure

Achieving the Key Planning Objectives – the LDDs

LPAs should consider how their Core Strategy could further the policies of the RSS and the Key Planning Objectives of the Supplement.

Four major elements that the Supplement covers -(1) Renewable and low-carbon energy generation

(2) Selecting land for development

(3) Provision of decentralised energy

(4) Local requirements for sustainable buildings

(1) Renewable and low-carbon energy generation

– LPAs should provide a framework that promotes and encourages renewable / low-carbon energy generation

– Policies should be designed to promote and not restrict renewable and low-carbon energy

– In particular LPAs should not require energy development to;

demonstrate need for renewable energy nor question the justification for a development’s siting in a particular place

ensure local approach to protecting landscape / townscape is consistent with PPS22 and does not preclude supply of renewable energy save in the most exceptional circumstance

identify areas for renewable / low-carbon energy sources – but not stifle innovative ideas by refusing if outside those areas

expect a proportion of energy supply to be from decentralised and renewable / low-carbon energy sources

(2) Selecting land for development

Lists criteria LPAs should consider in selecting land for different types / intensity of development – priority given to sites performing well;

Opportunities for decentralised or renewable / low-carbon energy to supply development

Potential / realistic choice of access other than by private car and opportunity to service the site in a sustainable way

Capacity of existing / potential infrastructure to service area / site in a way consistent with cutting carbon dioxide emissions

Ability to build and sustain socially cohesive communities having regard to the local impact of climate change

Effect of development on biodiversity and its ability to adapt to likely changes in the climate

Contribution from open space and green infrastructure to urban cooling, SUDS and conserving / enhancing biodiversity

Known physical and environmental constraints on development such as sea level rises, flood risk and stability having assessed risk as a result of likely change due to climate change

(2) Development land (continued)

Supplement does recognise that rural development (such as affordable housing and employment opportunities) to meet the needs of local people may not be readily accessible other than by the private car.

That exception aside – the criteria are relevant to the location of all development

(3) Provision of decentralised energy

– LPAs need to understand the local feasibility and potential for renewable / low-carbon technologies (inc. microgeneration) to supply new development

– While ensuring that they are consistent with housing and economic objectives LPAs should;

Set a properly tested target percentage of energy for new development that should come from decentralised and renewable / low-carbon energy sources

Where there is a greater opportunity for use than the target percentage bring forward development of an area / site to secure it

In bringing forward targets – set out type and size of development to which target will be applied

(4) Sustainable Buildings

LPAs must engage ‘constructively and imaginatively to encourage the delivery of sustainable buildings”

Policies should support innovation and investment in sustainable buildings and should not, unless there are exceptional reasons, deter novel or cutting-edge developments

LPAs can;– set a prescribed level (currently the Code for Sustainable

Homes) of building sustainability in advance of national standard where justified e.g. where development may be otherwise unacceptable, or clear opportunity to use decentralised and renewable energy

Handling Planning Applications

LPAs should adhere to the following principles in determining planning applications;

controls under planning, building regulations and other environmental legislation should complement and not duplicate each other

information sought from applicant to be proportionate to scale of proposed development and its impact on, and vulnerability to, climate change

standalone assessments should not be required where information made available through Design and Access statements

Supplement is a material consideration which will supersede DPDs until they are updated to reflect it

Planning Applications (continued)

LPAs need to ensure development consistent with the Supplement and avoid placing requirements on applicants which are inconsistent with it

Where proposals are inconsistent with the Key Planning Objectives then proposals should be amended to make them acceptable - if can’t amend the LPA has to look at whether or not permission should be refused

Any proposal which will contribute to the delivery of the Key Planning Objectives should “expect expeditious and sympathetic handling’

Planning Applications – environmental performance

Developers will need to design environmental performance into their proposals;

LPAs should set out in their DPD / SPDs or in application checklists what information and justification they require in order to deal with particular applications

Design & Access statements should demonstrate how the proposed development will contribute to and comply with the Key Planning Objectives (as well as RSS / LDD)

When considering environmental performance LPAs should take particular account of and expect new development to satisfy particular criteria

Environmental performance criteria include;

Compliance with adopted DPD on decentralised energy supply and sustainable buildings – unless not feasible or viable to do so

Take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption (including maximising cooling and avoiding solar gain in the summer); and overall so as to minimise carbon dioxide emissions when the development is taken as a whole including density and mix of development and whether it supports opportunities for decentralised and renewable / low-carbon energy supply

Give priority to SUDS including water harvesting / recycling

Sustainable waste management

Create and secure opportunities for sustainable transport

Environmental performance

LPAs are also required to consider the likely impact of the proposed development on;

Existing, or other proposed, development, and its renewable or low-carbon energy supply

Existing, or proposed, sources of renewable or low-carbon energy supply

The vulnerability to climate change of existing or proposed development

Where proposals would prejudice renewable or low-carbon energy supplies or lead to vulnerability, then LPAs need to consider whether scheme can be amended – if not then have to consider whether to refuse!

Planning applications – conditions & S106s

Conditions shouldn’t be used to cover standards required to be met through tightening Building Regulations

To be used to secure the provision and long-term management and maintenance of those aspects of a development required to ensure compliance with the policies of the Supplement.

PAS Guidance;– Suggests that for larger developments, with a long delivery

programme, where scheme viability may change over the life of the development, then it may be appropriate to attach a condition to an outline permission which will allow for reconsideration of viability at a later stage Derogating from the grant?

Likely issues Requirement to provide information on environmental

performance, Key Planning Objectives (and RSS / LDD climate change policies) when applying for permission;

must be proportionate and should be in D&A larger developments probably through ES

Renewable and low-carbon energy generation reduced degree of assessment for providing energy facilities /

generation at expense of landscape / townscape? complying with the targets / percentages proposed when

building

Sustainable buildings no national standard set yet but will probably be Code for

Sustainable Homes Level 4 zero carbon by 2016 not to impact upon provision of housing targets – conflict?

Likely issues (continued)

Siting of Development will there be any sites which meet the majority of identified

critieria?

Determining applications if show high proportion of decentralised or renewable / low-

carbon energy to help meet the percentage target, then site / area likely to be favoured – unjust / practical?

refusal if not meeting Key Planning Objectives

Legal challenges to permissions on climate change grounds on robustness of targets / percentages set?

Conclusions

Regional / Local planning authorities and individual applications cannot ignore the Government’s climate change agenda

Sustainability as was (the green roof, shower and cycle racks) will no longer do

Authorities and applicants will be under increasing pressure to demonstrate that the spatial strategies, policies and individual developments make a positive contribution to reducing carbon emissions

If this is to be achieved, it will require innovation by the developers and support of the LPAs

Final thoughts

Exponential increase in CO2 due to melting permafrost - it is muted that only 100 months to save planet– Compare this to the 40 years allowed to reach 80% reduction in

baseline of 1990 and 2016 / 2018 to go zero carbon

Is the “long-term view” and reliance on planning going to actually make the difference?

What will developers be doing going forward?;

(1) Getting their developments through now before policies become too restrictive

(2) Actively incorporating sustainability measures, to comply with the Key Planning Objectives / environmental performance criteria, into any / all schemes

Further guidance

PPS1 supplements ‘Planning and Climate Change’ and ‘Eco-towns’; www.communities.gov.uk/planningandbuilding/planning/planningpolicygui

dance/planningpolicystatements/planningpolicystatements/ppsclimatechange/

www.communities.gov.uk/publications/planningandbuilding/ppsecotowns

Practice guide on the climate change Supplement policies

– From the Homes and Community Agency www.hcaacademy.co.uk/planning-and-climate-change

– From the Planning Advisory Service www.pas.gov.uk/pas/core/page.do?pageId=94314