brentwood.gov.uk

The deliverability and viability of Policy BE03 at Point (a) is uncertain. Additional testing and evidence is required in order to support and justify this policy measure and to show that the policy would be effective if implemented. This is particularly important if the Building Regulations baseline is increased in future (if the national near zero carbon policy is not finally adopted) as the final limb of Point B(a) states.

Representations for and on LaSalle Land Limited Partnership
Policy BE03: Carbon Reduction, Renewable Energy and Water Efficiency
March 2019
Introduction
1. Chilmark Consulting Ltd. (CCL) are instructed by and write for and on behalf of
LaSalle Land Limited Partnership (LLLP) with respect to the Brentwood Borough
Local Plan: Pre-Submission Plan (BBLP) published for consultation by Brentwood
Borough Council (BBC) in January 2019.
2. This representation is concerned with Policy BE03: Carbon Reduction, Renewable
Energy and Water Efficiency.
3. This representation must be read in conjunction with the other representations
submitted by LLLP dealing with related matters.
Nature of Representation
4. LLLP understand the UK's commitment to dealing with climate change and
adaptation and support the need to encourage the use of renewable energy and low
carbon developments. There is however a need to ensure that the policy standards
that are proposed are capable of being delivered viably for individual schemes.
5. As drafted Policy BE03 B(a) requires minimum sustainable construction standards
in line with Part L of the Building Regulations both in the period pre and post 2020.
For on-site carbon reduction, the policy also requires, in the period before 2020, at
least 10% reduction in CO2 emissions above Part L, rising to "nearly zero carbon" in
the period from 2020 onwards.
6. LLLP notes that the long term trajectory set out in the Climate Change Act (2008)
and the European Union Energy Performance of Buildings Directive (2012/31/EU)
requires all new buildings to be nearly zero-energy by 2020. It is also noted that the
Brentwood Borough Local Plan: Pre-Submission, January 2019
Representation for and on behalf of LaSalle Land Limited Partnership
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Government's zero-carbon homes policy was withdrawn in 2015 and that the
foundation for this in the UK's Increasing the Number of Zero Energy Buildings:
National Plan (2012) will need revision in light of the removal of the zero-carbon
homes policy.
7. The national zero-carbon housing policy has therefore been abandoned and LLLP
note that the Government's proposed 'Future Homes Standard' announced by the
Chancellor of the Exchequer in his HM Treasury Spring Statement 2019: Written
Ministerial Statement (13th March 2019) identifies that the new standard will be
introduced by 2025, seeking from then to future-proof new build homes with low
carbon heating and leading levels of energy efficiency.
8. LLLP is therefore concerned that Policy BE03 B(a) requirements for on-site carbon
reduction are:
* lacking in clear local evidence of the need to raise on-site carbon reductions
for new developments, relying on national level information;
* out of step with the Government's current position on future homes
standards and zero carbon housing policy;
* likely to be outdated as, at the time of the Local Plan's adoption, all
development proposals and applications would need to conform with the
post 2020 on-site carbon reduction requirements; and
* overly onerous, placing an additional financial cost burden on new residential
development schemes with the potential for adverse effects on scheme
viability.
9. With regard to the financial development cost burden, LLLP are particularly
concerned that the Local Plan's Viability Assessment (October 2018) has not fully
modelled the cost implications of implementing Policy BE03. The Viability
Assessment identifies at paragraph 7.8 that:
"The base assumption in this report is that homes are built to the basic Building
Regulation Part L 2010 Standards but not to higher environmental standards.
This is in line with the Government announcement, made at the time of the
Brentwood Borough Local Plan: Pre-Submission, January 2019
Representation for and on behalf of LaSalle Land Limited Partnership
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Summer 2015 Budget in the Fixing the foundations productivity report, of its
intention not to proceed with the zero carbon buildings policy". [Our emphasis].
10. At paragraph 7.9 it continues:
"As a result, there was no uplift to Part L of the Building Regulations during
2016, and both the 2016 zero carbon homes target and the 2019 target for nondomestic
zero carbon buildings will be dropped, including the Allowable
Solutions programme".
11. The Viability Assessment concludes in paragraph 7.12 that the costs of building to
an "enhanced building standard" are included in the median BCIS costs advice that
forms the basis of the viability assessment.
12. LLLP does not consider that the "enhanced building standard", included within
median BCIS figures used in the Local Plan Viability Assessment, encompasses the
additional construction costs of developing near zero carbon residential dwellings.
13. It is therefore concluded that the deliverability and viability of Policy BE03 at Point
B(a) is uncertain. Additional testing and evidence is required in order to support and
justify this policy measure and to show that the policy would be effective if
implemented. This is particularly important if the Building Regulations baseline is
increased in future (if the national near zero carbon policy is not finally adopted) as
the final limb of Point B(a) states.
Conclusions
14. LLLP object to Policy BE03, particularly Point B(a). The requirements of Point B(a)
are onerous and the effects/implications of this part of the policy are uncertain.
15. The policy is unsound as it is not justified or effective in relation to understanding
the viability implications of the near zero on-site carbon requirements for residential
dwellings constructed post 2020.