ipswich.gov.uk

Policy CS1: Sustainable Development - Climate Change

Parts of the policy are unsound as they are contrary to national policy.

Part B of the policy requires all major developments to achieve a target of at least 15% of their energy requirements to be provided through decentralised renewable or low carbon energy were feasible and viable.

The approach is contrary to national policy. We refer to the published DCLG consultation document Next steps to zero carbon homes - Allowable Solutions published in August 2013. This set out the Government's thinking on how the energy efficiency targets in the Building Regulations will be met by developers. How developers achieve the carbon reduction targets under Part L of the Building Regulations is a matter for them to decide. The Council cannot specify how this is achieved. It cannot require developers to provide or connect to decentralised energy systems and it cannot require developers to provide decentralised or low carbon energy systems. Applicants will be free to decide the most appropriate course themselves. There are also legal considerations relating to connection to district heating that means that the role of the Council is prescribing in detail how energy reduction targets will be achieved and so is unlawful. Customers (home purchasers or tenants) are required under law to have the freedom of choice from whom they purchase their energy. This part of the policy is therefore contrary to paragraph 95 of the NPPF. The policy should be deleted.

It is unclear what is being proposed by parts C and D of the policy. The Government proposes that house builders will have a choice of four routes to deliver the remaining carbon abatement above the onsite minimum level required by the Building Regulations from 2016 (see chapter 6). One option includes contracting with a private sector party or local authority for them to deliver carbon abatement measures, but developers cannot be compelled down this route. Developers may be allowed to deliver Allowable Solutions through a combination of the four options but how Allowable Solutions are delivered is a matter for the developer to decide, not the council. The policy therefore, is not compliant with the direction of Government thinking and should be deleted. This is not a planning matter.

Part I of the policy may need amending in the light of the Government's Housing Standards Review. If the Council expects developers to incorporate water conservation measures that exceed the current Building Regulations then it will need to have regard to the Government's tests set out in the Housing Standards Review with regard to adopting the optional standard for water conservation. It will also need to have regard for paragraph 173 of the NPPF.

These parts of the policy should be revised to make clearer the Council's intentions.