Sustainability and the planning process

by Philip Moren

Whilst it applies in England only, Planning Policy Statement 1 (PPS1) explains that sustainable development is the core principle underpinning planning. This is given statutory force by the Planning and Compulsory Purchase Act 2004, which requires planning authorities to undertake their functions with a view to contributing to the achievement of sustainable development. So what does this mean in practice for construction professionals who have to deal with the planning process?

General objectives

The UK Government's aims for sustainable development have been transposed by PPS1 into the following planning objectives (these are paraphrased):

• The promotion of national, regional, sub-regional and local economies
• The promotion of high quality and safe development
• The promotion of inclusive, healthy, safe and crime free communities
• The identification of sufficient land of a suitable quality in appropriate locations to meet the expected needs for: housing, industrial development, mineral extraction, retail and commercial development, and leisure and recreation – taking into account accessibility and sustainable transport needs, and factors such as the provision of essential infrastructure, waste management, and the need to avoid flood risk and other natural hazards
• Improved access for all to jobs, health, education, shops, leisure and community facilities, open space, sport and recreation, by ensuring that new development is located where everyone can access services or facilities on foot, bicycle or public transport rather than relying on the car
• Focusing developments that attract large numbers of people, especially retail, leisure and office development, in existing centres to promote their vitality and viability, and social inclusion
• Reducing the need to travel, encouraging accessible public transport provision and focusing development in existing centres and near to major public transport interchanges
• Making more efficient use of land through higher density, mixed use development and by reusing suitably located previously-developed land and buildings
• Protecting and enhancing biodiversity, natural habitats, the historic environment and landscape and townscape character
• Addressing the causes and impacts of climate change, the management of pollution and natural hazards, the safeguarding of natural resources, and the minimisation of impacts from their management and use.

PPS1 is accompanied by a supplement on planning and climate change and related web-based practice guidance.

In Wales, relevant guidance is set out in Chapter 4 of Planning Policy Wales [2010], which is supplemented by Technical Advice Note 22 on the national planning policy on sustainable buildings. These set tough new standards that must be met, which are more challenging than in the rest of the UK.

Relevant advice in Scotland may be found in Scottish Planning Policy [2010], which includes statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006.

Although there are some differences between the policies and aspirations of individual nations, leaving aside the type and scale of development proposed, essentially the UK Government's sustainable development planning objectives can be distilled into two main considerations: 1) the nature of a development's location; and 2) its design and construction.

Location, location, location

When promoting development sites or in seeking to secure permission for a specific scheme, clearly a development's sustainability credentials will be enhanced significantly where it:

• Is located within an existing urban area, especially within a centre
• Involves previously-developed land or existing buildings, as opposed to a greenfield site
• Includes a mix of uses where appropriate, and would be built at an suitable (usually higher) density
• Is located on a good bus/tram route or close to a railway/metro station.

These locational factors and site characteristics may seem blindingly obvious. And yet many are overlooked, given inadequate adequate attention by prospective developers when choosing sites or are not emphasised sufficiently when advocating a proposal's benefits.

Construction and design

Many local authorities have adopted their own development plan policies and supplementary planning guidance documents on sustainable development, which set out certain standards and targets that are expected to be achieved for all new buildings. These should be the first port of call for prospective developers and are likely to be brought to their attention during pre-application discussions. Typically, such policies and related guidance address matters such as site layout and building design; water conservation, flooding and recycling; energy efficiency; and waste minimisation and management; as well as other sustainable development considerations. In addition, while design and access statements must now include a section on environmental sustainability, local planning application validation checklists may sometimes include requirements for specific impact assessments to be prepared to deal with particular sustainability issues.

In recent years the role of the planning process in seeking to deliver low carbon buildings and reduce dependency on non-renewable energy sources has expanded greatly. This has led to the divisions between planning control and building control becoming somewhat blurred. Part L of the Building Regulations sets out certain minimum requirements on the conservation of fuel and power in the construction of dwellings. Changes introduced on 1 October 2010 require a 25% improvement for every new home. Regardless of Part L, however, the planning system can legitimately demand more stringent requirements. In the case of housing, these normally relate to the Code for Sustainable Homes. Practitioners will be aware that the Code is a voluntary set of national standards for the sustainable design and construction of new homes and applies in England, Wales and Northern Ireland. It measures the sustainability of a new home against nine categories of sustainable design, using a one-to-six level rating system to indicate its overall sustainability performance. Criticised for being too complicated and bureaucratic, a new simplified version was unveiled in November 2010. While it is aligned with the latest developments in building regulations, in some cases it goes beyond its requirements for reducing carbon emissions from buildings. Updated technical guidance on complying with the Code's requirements is available on the CLG website.

Although the recent changes to Part L have the effect of requiring all new build homes to meet the equivalent of level 3 of the Code, some planning policies may require a higher minimum rating for major developments, with raised targets for even higher levels to be achieved in future years. The Planning Inspectorate also uses a model condition to require that new dwellings achieve a specified level of the Code. It is therefore important for practitioners to understand how the planning system can impact on energy saving considerations in new buildings.

The future

So what of the role of sustainable development in future planning decision-making? The Localism Bill currently progressing through parliament, which proposes a number of radical changes to the English planning system, has omitted the previously expected 'presumption in favour of sustainable development'. This will now be included in the new national planning framework that will replace existing planning policy guidance. Some interpret this as a weakening of the government's commitment to sustainable development, particularly when seen within the context of other changes, such as the recent relaxation of national parking controls.

There is also speculation that the Code for Sustainable Homes will be scrapped, especially as changes are expected in 2013 to strengthen standards in Part L of the Building Regulations with a view to ensuring that all new homes in England after 2016 are zero-carbon.

At local level, because of the continuing effects of the property recession, falling land values, additional over-costs in meeting specified levels of the Code, and the consequential impact on housing delivery and regeneration objectives, some planning authorities have already started to look again at their Code level minimum standards and to defer raising future targets.

Practitioners should ensure that sustainable development considerations are investigated thoroughly before working up a development proposal in detail.

Philip Moren BA(Hons) MRTPI is a planning consultant and regular writer on planning matters. He is co-author of the RIBA Good Practice Guide: Negotiating the Planning Maze. The views expressed in this article are entirely his own.

Related NBS information:

Articles:

• In a pickle over planning reform
• The future of planning
• Infrastructure planning

Selected links:

• Town and country planning, general

February 2011

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