Local Planning Authorities: Energy & Efficiency Bill

by Andrew Warren, Deputy Chair of the Partnership, 9th January 2007

On January 19th Martin Caton the Labour MP for Gower's Local Planning Authorities: Energy & Efficiency Bill comes up for its Second Reading debate in the House of Commons. It would permit local planning authorities to require new developments to have higher energy efficiency standards than the minimum set by Parts L & F of the Building Regulations.

The Bill is completely in accord with Government policy - but is urgently needed because DCLG officials are actively blocking that policy.  For this reason it is important that the Bill gets a Second Reading on the 19th, so that councils are no longer prevented from promoting energy saving measures.

Government policy...

Government policy on using the planning system to achieve higher energy efficiency standards than the minimum required by Building Regulations is totally clear, as Housing Minister Yvette Cooper told the House of Commons:

'We also think it right for the planning system to play a larger role in improvements in energy efficiency' Hansard 11.11.05 col 658

And the mechanism for doing this - specifying higher standards in local development plans - is equally clear, as the then Energy Minister Malcolm Wicks told the Standing Committee considering the Climate Change and Sustainable Energy (CCSE) Act in the last session of Parliament, an Act strongly supported by the Partnership. Opposing an amendment, which would have required planning authorities to consider higher energy efficiency standards when dealing with individual planning applications, the Minister told the Committee that:

'the Government support the aims behind the new clause' ...but must oppose it because it 'would encourage local authorities to decide what is reasonable on a case-by-case basis' Standing Committee C 28.2.06 col 133 whereas he asserted that the correct approach was for councils to:

'set out their approach through the development plan' Standing Committee C 28.2.06 col 135

...And officials' obstruction

So Government policy is clear: via development plans the planning system should be used to achieve greater energy efficiency. But this is not the policy being implemented by Government officials and inspectors.

Or put another way: Ministers regard Building Regulations as minimum standards (as stated by energy efficiency minister Ian Pearson Hansard 7.12.06W and Yvette Cooper Hansard 12.12 06WS), whereas officials are frustrating this policy by treating them as maximum standards. For instance:

Energy Efficiency: the minimum becomes the maximum

The DCLG draft Planning Policy Statement on Climate Change published on 13 December now makes it explicit that councils can no longer set energy efficiency standards higher than building regulations, (except under very exceptional circumstances). If this PPS is approved as it stands, it will be a step backwards and will prevent most councils from applying the Code for Sustainable Homes to private housing. It will also put back the Chancellor's determination to have all new homes with zero-emissions within ten years.

The Prime Minister's views on climate change 'political spin'?

Indeed, in the Committee Stage of the CCSE Act last year, one MP highlighted the concern of many about the attitude of some officials, pointing out that his advisers had 'contrasted the reaction of the ODPM officials with the bold statements made by the Prime Minister, and his clear suggestion that climate change is the greatest long-term threat. When asked how they reconciled the Prime Minister's rhetoric with their implacable opposition, one ODPM official said that he regarded the Prime Minister's words as "political spin".' (Standing Committee C 28.2.06 col 131)

Higher energy efficiency 'unreasonable'

These views of Whitehall officials have recently crept into judgments issued by the planning inspectors under their control. Recently Cambridge City Council was required to water down its planning policy requiring large developers to 'provide evidence of how they have minimized energy consumption, maximized energy efficiency and considered the feasibility of using CHP systems'. This was because, to quote the Government Inspector, it was ¿unreasonable to the extent that it imposes more onerous requirements than the Building Regulations'. Cambridge City Council is due to expand its housing stock by 40% in the next 15 years - so the extra energy consumption that this will cause is very large.

Energy efficiency 'not a planning matter'

In July last year Bedford Borough Council submitted to the Government its draft Core Strategy and Rural Issues plan. One of its policies was to reduce CO2 emissions by 10% more than Building Regulations in certain developments. The Government Office for the East of England has objected to this on the grounds that the current planning system does not permit the setting of energy efficiency standards.

The Local Government Association is backing Martin Caton's Bill. The chair of its environment board, Cllr. Paul Bettison says that the final version of the PPS "should allow those local authorities who wish to aim for higher standards to do so."

 What can members of the partnership do?

a)      Urge their local  MPs to attend the Commons on January 19, to back Martin Caton's Bill

b)      Urge the Minister to back the Bill , by emailing coopery@parliament.uk