Transcript THE PLANNING AND COMPULSORY PURCHASE BILL

ZERO CARBON HOMES
Mark Lowe QC
Cardiff, 17 September 2007
THE NEXT
CHALLENGE
Do we have a problem?
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“Climate change represents
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Quotation which encapsulates both the high priority given by government
(probably of any hue) to reduce carbon emissions together with the
confidence that it can be addressed by taking timely measures.
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There has followed the publication of the Stern Review in October 2006.
potentially catastrophic threat, but it is
within our control to address it – and address it we must”: The UK
Government Sustainable Development Strategy, Foreword by Tony Blair
2005
continued/…
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“I think that climate change is one of the defining global challenges of our age.
The case for action has been established beyond doubt: Ruth Kelly 4 April 2007.
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UK produces c. 500m tpa of greenhouse gases.
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Co2 is the main greenhouse gas in the UK accounting for c.77% of total emissions of
greenhouse gases in 1990: Planning and Climate Change
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In 2004 more than a quarter of UK’s Co2 emissions came from the energy we use to
heat, light and run our homes: Code for Sustainable Homes December 2006.
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Non-residential buildings are responsible for c.18% of national carbon emissions: Ruth
Kelly above.
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Transport is responsible for c. one third all carbon emissions: Ruth Kelly
Climate Change
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Global temperatures to rise 1 to 5 degrees by 2100
(6.3%)
 UK milder wetter winters and hot drier summers (40
degrees C) every 2 or 3 years by 2050
 Peak rainfall intensity +5% to 2025 and 30% by 2115
+ river flow + off shore wind speed + wave height
Stern Report and PPG25
The Destination
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Kyoto Protocol: Reduce emissions of greenhouses
gases by 12.5% below 1990 levels by 2008 -12
(‘on track’ para 3 CC&P).
 Domestic Target: Reduce carbon emissions by
20% below 1990 levels by 2010: Climate Change
the UK Programme 2006.
 Long Term ambition: UK to make real progress by
2020 towards long term ambition to reduce carbon
emissions by 60% c.2050 – Climate Change Bill
taken from 2003 White Paper ‘Our energy future –
creating a low carbon economy”.
Welsh Context
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The Assembly has a duty under section 121 of the Government
of Wales Act 1998 to promote sustainable development. It is the
only Government in Europe to have such a constitutional duty.
Sustainable Development provides a framework for the
development of policies and actions across the Assembly. Wales’
wildlife, habitats, landscapes and historic buildings are important
to its prosperity, well being and culture, and need to be treasured,
managed and protected in a way that does not hinder economic
or social development. Where possible, policies will be
developed which deliver effective protection of the Welsh
environment and contribute to tackling global environmental
threats such as climate change
Sustainable Development Action
Plan 2004/07
`sustainable development is not an option that will
go away - it is the only way forward`
Rhodri Morgan AM, First Minister for Wales
Summary of Duty
The National Assembly for Wales is required by law
to make a Scheme stating how it will promote
sustainable development in the exercise of its
functions. The Assembly is required to publish
annual reports on progress in implementing the
Scheme, and every four years following each
Assembly election an additional report must be
published on the effectiveness of what has been
done. In the light of this a decision must be taken –
after consultation – on whether the Scheme should
be remade or revised.
The Commitments
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between now and 2007 work with developers,
construction clients and funders, the Design Commission for
Wales and Constructing Excellence to ensure the built
environment meets our sustainable development goals;
 issue improved Transport Appraisal Guidance
 early in 2005;
 use the sustainable development clause in the Planning and
Compulsory Purchase Act to embed sustainable development in
planning policies. Local Development Plans Wales guidance will
issue in September 2005, and as Technical Advice Notes are
revised they will incorporate sustainable development principles;
The Commitments – cont’d
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formally appraise a revised transport framework for Wales
against our sustainable development framework;
encourage National Park Authorities to work with developers to
provide small scale, low cost,sustainable housing, within
National Parks;
use the introduction of the Strategic Environmental Assessment
integrated with Sustainability Appraisal for development plans to
ensure wider area issues and linkages are properly addressed
Creating Sustainable Places
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Under Review
 General support for TAN 12 and its
encouragement to considering sustainable
development holistically as part of the design
process for all new development.
Welsh Local Government
Association
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April 2006 published ‘Actions not Words’
Signed by all 22 local authorities in Wales, the 3
National Parks and others.
The ‘Six Areas for Action’.
High level commitment
Leading by example
Spending wisely
Encouraging and supporting others
Measuring Progress
National Support
Microgeneration Action Plan: march
2007
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Builds on TAN8 Renewable Energy.
 Heavy emphasis on on-shore wind facilities.
 Contains targets for renewable microgeneration
for houses, groups of buildings, communities
and small businesses.
 Discusses grant opportunities
The Timetable
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On 13 February 2007 Carwyn James announced that in keeping with the
WAG’s climate change agenda their aspiration is for all new buildings in
Wales to be zero carbon by the end of the next Assembly.
Therefore all new buildings are expected to aspire to the BREEAM standard
of ‘excellent’.
This will be the condition of funding for all projects receiving WAG financial
support and in respect of land disposals. It is to be a core condition of all
funding.
Want to devolve the building regulations to assist in this process.
All buildings built from 2011 onwards to be zero carbon (that is 5 years ahead
of UK and UK policy applies only to homes).
Does this (per HBF) risk setting up
Wales to fail?
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Step one is to enforce this via secondary legislation i.e. the
Building Regulations.
 Before that can be done the Building Regulations have either to
be devolved or the UK has to create different regulations for
Wales.
 The technology has to be both freely understood and freely
available.
 The economic implications have to be addressed.
 UK budget 2007 includes a 5 year experiment of relieving zero
carbon homes from stamp duty for all units costing less than
£0.5m and £15k for those above that value.
Current Requirement
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The Building and Approved Inspectors (Amendment) Regulations
2006: 6 April 2006. Regulation 17C requires new buildings to
meet CO2 target emissions standards to implement the Energy
Performance of Buildings Directive.
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The upshot is that all new houses must meet this basic level of
performance in terms of carbon emission reduction.
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The debate revolves around the improvement of carbon
reduction as required by the planning process over and above
that minimum.
The Zero Home Defined
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The code establishes a table of minimum standards by reference to star rating
of new buildings.
A 5 star home will achieve zero emissions re Building Regulations issues (i.e.
zero emissions from heating, hot water, ventilation and lighting).
A 6 star home is the true complete zero carbon home i.e. zero net carbon
emissions from all sources.
The standards relate to energy/CO2 + water + materials + surface water run-off
+ site waste management and storage.
There are nine categories of performance.
The rating will be confirmed by the certification process at the close of
construction.
It is intended to be a voluntary code until April 2008 for the private sector but
for all publicly funded housing a 3 star rating (equivalent to Ecohomes Very
Good) is compulsory.
The 5 and 6 star home
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5* home has zero emissions re Building
Regulation issues (heating, hot water, ventilation
and lighting) + 80 litres of water standard use
per person + 60.1 points from other sources.
 6* home is a completely zero carbon home from
all energy use in the home + 80 litres as above +
64.9 points from other sources
Other Sources?
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30% of water from non-potable sources eg grey
water harvesting schemes
 90% of everything in the Code e.g. energy
efficient appliances and lighting, accessible
water butts, reduce run off, highly
environmentally friendly materials, minimise
construction waste, maximise recycling
provision etc….
The Reality Check
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Para 8 of the draft PPS exhorts the LPA (a) to complement and not duplicate other
statutory regimes, (b) information sought from applicants should be proportionate to the
scale of the proposed development and consistent with demonstrating conformity with
the development plan, (c) stand alone assessments should not be required where it is
dealt with in the Design and Access Statement or EIA etc., and (d) if development plan
is not updated determine application by reference to PPS.
The LPA should not devise their own standards for the environment performance of
individual buildings since these are set by the Building Regulations: para 31.
The LPA should not take this as an invitation to set out required construction techniques,
fabrics, fittings or finishes or performance levels for buildings: para 32.
The LPA should focus on specific development opportunities and securing an earlier
application of higher performance of national standards.
Have regard to the overall costs of bringing sites to the market, and in particular ensure
that the proposed approach is consistent with the securing the expected supply and pace
of housing development shown in the housing trajectory required by PPS3.
Planning for Climate Change
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Issued for consultation in Dec 06 and that was
completed in March 2007.
 The suggested way forward is to issue a Ministerial
Interim Planning Policy Statement on Climate Change
prior to making amendment to PPW and to issue
Climate Change Compendium to march hand in hand
with the MIPPS.
 Drafts of both attached.
The Toolkit
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Insufficient time to prepare a TAN but TAN12 may
need amendment.
MIPPS will substitute for amendment to PPW
The Compendium will be a material consideration for
preparation of LDPs and in development control.
Introduce a statutory requirement for design statements.
Encourage microgeneration and make the changes to
the GPDO to achieve it.
Draft MIPPS on Climate Change
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Climate change put at the heart of planning policy considerations.
Land use and the location of new development to be linked to the availability
of resources and the drive to reduce emissions of CO2.
The availability of water and energy sources to serve proposed development
an important consideration.
Need to consider environmentally sound ways of managing demand for
resources and environmental risk.
The design of buildings and their surroundings to minimise energy demand
both in use and in construction and be resource efficient in use of water,
creation of waste and use of solar track and shade. Incorporate immediate
carbon related benefits in construction e.g. localised energy sources,
orientation in layouts, microgeneration etc.
An integrated framework and staged approach to climate responsive
development from location, density, layout, built form, and ensuring in-built
flexibility for varying uses. All to be demonstrated in design statements.
MIPPS Ax 1: Key Issue for LDPs
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Summarises issues arising from other policies.
 These are all general aspirations.
 Page 29 and location of new development and
land uses.
 14 important points
 Page 30 and design – the 10 points
Draft Compendium
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Status to be similar to a TAN
To be a ‘living document’.
Threshold for major development needing to
demonstrate minimum 10% carbon reduction.
Any minerals or waste development.
Development of more than 10+ houses or a site of 0.5
ha or more.
Buildings of more than 1,000 sqm in area.
All sites of 1ha +.
Grasping the nettle: Wales
The experience of the WLG Association’s members and other bodies (such as the
WDA) is that sustainable design and build projects cost more to construct than
traditional build but less to run. There is an urgent need to examine issues around
‘investing to save’ as there is a real risk, with reduced budgets, that energy efficiency
and other sustainable design concepts will be priced out of specifications.
 The lack of any discussion of what the Assembly Government is proposing to do in
terms of emissions from transport is a serious omission given the significance of this
sector to energy consumption and climate change. The Action Plan needs to make
reference to published targets on reducing annual traffic growth to 0% by the final year
of the Objective 1 programme and the aim to reduce Carbon Dioxide emissions by
20% (from 1990 levels) by 2010 and explain how these will be achieved.
 A key issue, across Wales, is housing - its affordability and quality – yet there is no
discussion of this in the draft Action Plan. Achievement of the Welsh Housing Quality
Standard could be an important lever for sustainable development. This is something
that the Association, Assembly Government and WDA are currently researching and
should be included in the final action plan.
 We support the emphasis on procurement but would suggest that as well as guidance
we need practical information, resources and commitment
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Grasping the nettle: England
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The Code suggests that the rating will produce ‘a mark of quality’, the inference being that it
will create value. The unwritten assumption is that it will thereby achieve a higher price in the
market than a product with a lower rating.
This must impact on affordability.
“We have ten years to plan, invest and innovate to deliver zero carbon homes. It is vital that
we invest now to bring down the costs of new technologies and deliver low cost, low carbon
homes. The homes of the future must be affordable as well as sustainable”: Yvette Cooper 9
January 2007 to HBF.
There will be higher costs of construction. Whilst the costs of energy technologies may reduce
with the creation of a mass market over time (PPS para 75) in the interim zero homes will cost
more to build and there will be less to spare to support other planning gain, including,
potentially, affordable housing. Building a Greener Future forecast cost at £2,00 for an average
unit or around 2 to 3% of costs.
The Evening Standard 6 June 07 ‘Eco trouble ahead’: reported that green elements of a
commissioned green friendly design were £20 per sq m increasing the cost of a starter home
by £13,500 with a stamp duty exemption for green homes of only £2,000 to offset. BowZED
was claimed to cost £100 extra per sq ft to build (£250 cf £150) and on a larger scale it might
reduce to a 5 -10% extra cost.
Which has the greater priority; zero homes or other planning gains? For this reason CABE
suggest a national standard to avoid ‘horse trading’ between obligations.