Regulation 18 draft Local Plan

Object

Representation ID: 7170

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

Persimmon Homes welcome a policy on Energy Efficiency and the need for Design and Access Statements to demonstrate how energy efficiency has been considered in the development of the scheme. Criteria a) to d) of the policy are fully supported.

With regards to criteria e) ‘net zero carbon content of heat supply’, Persimmon Homes are of the view that this criteria should be removed from the policy. The vehicle for delivering the net zero content of heat supply is through Building Regulations and this is already happening with Part L requiring a 31% carbon reduction upon previous Building Regulations and a move to a decentralised network in 2025.

Point f), also suggest this be removed for the same reasons as per criteria e) above with Building Regulations being the most effective vehicle for introducing these standards.

In respect to criteria e) and f) in the Housing Ministers Written Statement of the 13th December 2023 on Energy Efficiency which sets out the Government does not expect Local Planning Authorities to set enhanced energy efficiency standards via local plans and instead these should come through Building Regulations. Neither the wording of the policy or the evidence base meet these two criteria further supporting the removal of criteria e) and f) from this policy.

Support for parts a) to d) noted. Part e) Disagree. It is acknowledged that the Government is committed to improving the energy efficiency of new homes through the Building Regulations system under the Future Homes and Buildings Standards which are due to take effect in 2025. The FHBS is still being debated, however, and there is no legal guarantee of that date being met. Recognising that buildings are the UK’s second-highest emitting sector, and that it is significantly cheaper and easier to install energy efficiency and low carbon heating measures when building from scratch rather than retrofitting them afterwards, Policy CC2 sets out a series of design principles for energy efficient buildings. The Plan acknowledges that a key consideration for Policy CC2 is its impact on the viability of new developments (that would include affordable housing). It is intended that further work to update the cost evidence will be undertaken to inform the next stage of the local plan. This will build on the Whole Plan Viability Assessment (2023) and will inform the policies at the next stage of the local plan. Any changes to the draft policies, such as setting standards for energy efficiency, arising from consultation responses and/or new evidence on viability in relation to the climate change policies will be consulted on through the Reg 19 consultation. Following this work there may be sufficient, robust evidence to set an energy use limit such as that used in other adopted local plans.
Part f) Disagree. It is appropriate for the Local Plan to seek to maximise the generation of renewable energy on site but it is also acknowledged that there are a number of factors that would need to be taken into account as to whether renewable energy can be installed on site such as location, efficiency and viability. The wording of the policy allows for such an justified argument to be made.
Disagree regarding the weight that must be given to the WMS 2023. Legal advice obtained by Essex County Council in February 2024 (https://www.essexdesignguide.co.uk/media/2966/updated-open-advice-re-energy-policy-building-regs-26-2-24-final.pdf) concludes that: ‘Local Authorities have a clear power, in sections 1-5 of the Planning and Energy Act 2008, to adopt planning policies that set higher targets for energy performance standards for development in their area than the national baseline, provided such standards comply with the usual plan-making requirements of section 19 of the Planning and Compulsory Purchase Act 2004 and are reasonable, in that they do not affect the viability of new development to an unreasonable extent. This position has not been changed by the 2023 WMS. The WMS must be interpreted in a way that allows for the effective operation of the PEA 2008 powers; and allows LPAs effectively to meet the obligation on them to ensure development plan documents include policies designed to secure that development of land in the local authority’s area ‘contribute to the mitigation of, and adaptation to, climate change’. This means that the 2023 WMS cannot be interpreted to prevent LPAs from putting forward, and planning inspectors from finding sound, policies which are justified and evidenced and which use metrics other than the Target Emissions Rate metric and/or do not require calculation by Standards Assessment Procedure.

Object

Representation ID: 7171

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

In response to wind exposure (criteria c) this is covered in detail under Building Regulations where different building standards apply depending on whether an area falls within an area of low, medium or high areas of wind exposure.

This criterial point is therefore not justified and merely a duplication of building regulations and as such should be removed from the policy.

The PPG on Climate Change advises that when preparing Local Plans, authorities should pay particular attention to mitigation and adaptation. With the increase in extreme weather events, such as storms with higher wind speeds, as a consequence of climate change, then inclusion of mitigation of risks related to wind exposure is justified. Similar wording is used in the Adopted Central Lincs Local Plan (2023).

Object

Representation ID: 7172

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

This policy is a duplication of Building Regulations and as such is not required and should be removed from the plan.

Climate change matters need to be led centrally thorough Building Regulations.

The incorporation of renewable energy on site needs to be realistic, for example, there are only so many roof spaces that photovoltaic panels can be installed and issues associated with wind turbines are well documented.
Furthermore, the preference for renewable energy to be provided on plot goes against heat networks which are being pushed forward as part of Building Regulations.

If this policy requires any additional requirements above Building Regulations, these additional costs need to be set out in the ‘Whole Plan Viability Report’ undertaken by HDH Planning and Development Limited.

Ministerial Statement dated 13th December 2023 on energy efficiency makes it clear that local plan policy should not go beyond Building Regulations which further supports the removal of this policy from the Local Plan.

Disagree that climate change should be led through the Building Regulations. The NPPF makes it very clear that plans should take a proactive approach to mitigating climate change and in order to increase the use and supply of renewable and low carbon energy, plans should provide a positive strategy for energy from these sources.
Disagree regarding wording of Policy CC4 not being realistic. It is a flexibly worded policy with ‘should’ and ‘practically and viably possible on-site’. The wording would also not preclude the use of heat networks.
It is acknowledged that the Government is committed to improving the energy efficiency of new homes through the Building Regulations system under the Future Homes and Buildings Standards which are due to take effect in 2025. The FHBS is still being debated, however, and there is no legal guarantee of that date being met. As a Local Plan has a limited influence on retrofitting existing buildings, in order to reach targets for carbon reductions, significant reductions in the energy requirements of new buildings are urgently needed and Policy CC4 seeks this aim. The Plan acknowledges that a key consideration for Policy CC4 is its impact on the viability of new developments. It is intended that further work to update the cost evidence will be undertaken to inform the next stage of the local plan. This will build on the Whole Plan Viability Assessment (2023) and will inform the policies at the next stage of the local plan. Any changes to the draft policies, such as setting standards for renewable energy generation, arising from consultation responses and/or new evidence on viability in relation to the climate change policies will be consulted on through the Reg 19 consultation. Following this work there may be sufficient, robust evidence to specify renewable energy use levels such as that used in other adopted local plans.
Disagree regarding the weight that must be given to the WMS 2023. Legal advice obtained by Essex County Council in February 2024 (https://www.essexdesignguide.co.uk/media/2966/updated-open-advice-re-energy-policy-building-regs-26-2-24-final.pdf) concludes that: ‘Local Authorities have a clear power, in sections 1-5 of the Planning and Energy Act 2008, to adopt planning policies that set higher targets for energy performance standards for development in their area than the national baseline, provided such standards comply with the usual plan-making requirements of section 19 of the Planning and Compulsory Purchase Act 2004 and are reasonable, in that they do not affect the viability of new development to an unreasonable extent. This position has not been changed by the 2023 WMS. The WMS must be interpreted in a way that allows for the effective operation of the PEA 2008 powers; and allows LPAs effectively to meet the obligation on them to ensure development plan documents include policies designed to secure that development of land in the local authority’s area ‘contribute to the mitigation of, and adaptation to, climate change’. This means that the 2023 WMS cannot be interpreted to prevent LPAs from putting forward, and planning inspectors from finding sound, policies which are justified and evidenced and which can exceed building regulations standards.

Object

Representation ID: 7173

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

Whilst the re-consultation on the Future Homes Standard does not include embodied carbon the government has set out in this consultation that it intends to consult in due course on its approach to measuring and reducing embodied carbon in new buildings.

Persimmon Homes are of the view that policies should come through national standards set through Building Regulations and as such Persimmon Homes are of the view that this policy is not justified and should be removed from the plan.

Comments noted. There is a statutory requirement for development plans to include policies designed to ensure that the development and use of land contributes to climate change mitigation and adaption.
Whilst the NPPF does not contain a similar policy on embodied carbon, para 124 does states that planning policies should…promote and support the development of under-utilised land and buildings. The policy is needed in the Local Plan because of embodied carbon making up between 67% and 76% of the building’s total carbon emissions and that this must be addressed in order to respond to the Climate Emergency. Disagree that embodied carbon should be addressed through future changes to the Building Regulations. Currently, no part of the Building Regulations addresses embodied carbon and so there is also no regulatory incentive for new development to reduce its embodied carbon. There is no guarantee that this will be legislated for in the future. A similar policy approach has been taken in the adopted Central Lincolnshire Local Plan (2023).

Object

Representation ID: 7174

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

Persimmon Homes support the requirement for Optional Technical Housing Standard of 110 litres per day per person for water efficiency with the encouragement to reduce this to 85 litres per day.

With regards to Water Management, and bullet point 1 relating to permeable paving, Persimmon Homes make the following comments:

- Further clarity is required on what areas are included within the definition of ‘outside hard surfacing areas’, for example, does it include adoptable roads, private drives, as well as all on plot hard surfaced areas. It is important to note that many Highway Authorities do not adopt permeable paving.

- There is also an extra cost in providing permeable paving of approximately £50 extra a square metres and this has not been factored into the ‘Whole Plan Viability Report’ undertaken by HDH Planning and Development Limited.

Support noted. Agree regarding further clarification required regarding definition of ‘outside hard surfacing’ given that many Highway Authorities doe not adopt permeable paving.
Comment noted additional regarding cost of providing permeable paving. Agree this should be the subject of further viability work which will build on the Whole Plan Viability Assessment (2023). Any changes to the draft policies arising from consultation responses and/or new evidence on climate change will be consulted on through the Reg 19 consultation.

Object

Representation ID: 7175

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

Persimmon Homes support the protection of Carbon Sinks. It was unclear from this policy and the evidence base which underpins how much of the land within the County (and its location), is classified as a ‘carbon sink’. It would be expected that a plan identifying the location of existing carbon sinks be incorporated within this Plan.

It was also unclear what the impacts of this policy would have on the viability of schemes as this has not been referred to or considered in the ‘Whole Plan Viability Report’ undertaken by HDH Planning and development Limited.

Comments noted. Disagree that a plan is required as the policy describes the type of habitats that act as carbon sinks. The document ‘Carbon Storage and Sequestration by Habitat 2021 (NERR094) (Natural England)’ gives further information, identifying 'reliable', 'long term' and 'important' carbon sinks. Reference to be made to this document in the text accompanying Policy CC11.
It is likely that further work to update the cost evidence for a number of options for the wording of the Climate Change policies will be undertaken to inform the next stage of the local plan. This will build on the Whole Plan Viability Assessment (2023). Any changes to the draft policies arising from consultation responses and/or new evidence on climate change will be consulted on through the Reg 19 consultation.

Object

Representation ID: 7176

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

The Rutland Housing Market Assessment (HMA) trend-based projections conclude that household growth will be expected to deliver between 124 and 167 units per annum. The key message concluded in the overall housing need section of the HMA that the Standard Method housing need should be considered by the (Rutland) Council as very much a minimum figure, with the majority of the rigorously assessed projections pointing to a higher figure. This has not been sufficiently demonstrated in both the overall housing need (and affordable housing need) assessment, and consequently, in the finalised requirement figure in Policy SS1.

As stated above, it is our view that the affordable housing requirement that has been taken into account to formulate the overall annual need figure in Policy SS1, is too low.

Encourage RCC to reconsider the rationale behind the statement regarding those already in housing, not adding to a net need of affordable housing.

The annual average completions figure for Rutland over the period of 2011-2022 was 184 units per annum, with the past five year average only just falling slightly below this, at 172 units per annum. The supply has almost consistently exceeded the standard method figure given in Policy SS1. One option for this is to increase the provision of affordable housing, as per the identified need.

Comments noted. The matter of housing need and requirement is considered in detail under Policy H1

Object

Representation ID: 7178

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

It is the view that Langham is one of the most sustainable Large Villages in the region. Langham has the capabilities to accommodate some of this identified affordable housing need.

Langham has one of the highest sustainability credentials out of the Large Villages, which, in line with our comments to both increase the minimum requirement figure to 3,340 (167 per annum), and to fill the identified affordable need in the region, proves to be a logical location to direct growth. PHEM wish to take the opportunity as part of this Regulation 18 consultation response, to initially present a site in Langham to assist in our comments regarding this policy, and Policy SS1, regarding increasing delivery in both the minimum figure in the local plan.

The site in Langham is located on the northern side of Cold Overton Road and could form an extension to the already approved outline consent for up to 50 dwellings (2021/1423/MAO). It was concluded as part of the consideration of 2021/1423/MAO that the site is located in a sustainable location within the village and the same vehicular access could be shared with the site put forward. Furthermore, with existing vegetation in place, the proposed site would be well screened from Cold Overton Road.

All site appraisals have been reviewed in the light of comments and further evidence received to determine their suitability for allocation.

Object

Representation ID: 7179

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

The number of dwellings per hectare (dph) should be increased to generally no less than 30 dph. The 30 dph figure is used in this Draft Local Plan to calculate likely numbers of dwellings for housing allocations in this draft plan.

Wording within the policy still allows for flexibility in its application, however the 30 dwellings per hectare provides a useful starting point in ensuring land is developed in an effective manner as possible whilst ensuring the character of settlements is maintained.

Conversely if this figure is not increased to 30 dwellings per hectare, allocations would need to be calculated on the basis of 25 dph and this would have a knock on impact for the number of sites which need to be allocated.

Comments noted. NPPF recommends the use of minimum density standards in policies and suggests that a range of densities may be appropriate to reflect different local circumstances.
the Core Strategy sets a minimum of 30 for the villages and 40 for the towns. Monitoring suggests that this has not always been achieved and therefore the policy has been written to allow flexibility to reflect local circumstances and existing development patterns whilst ensuring that a minimum density is established.
The indicative capacity of allocated sites is based upon 30 dph as these sites have been assessed as being suitable for development and free from constraints which may reduce the capacity.

Object

Representation ID: 7180

Received: 08/01/2024

Respondent: Persimmon Homes East Midlands

The affordable mix of dwellings should be informed by the Housing Market Assessment. Persimmon Homes are of the view that the mix of market housing should be dictated by the market where choice is a more fundamental factor as is documented in the Housing Market Assessment at page 172 of the report. Allowing for this flexibility will also allow for residential developments to respond to local circumstances as it is clearly evident in the Housing Market Assessment that there are vast differences between the different sub areas, also it is more likely that smaller units of accommodation, such as apartments, will come forward in the main towns within the county.

Criteria A Queston whether this policy is required. Persimmon Homes are of the view that enabling older people to sustain their independence in their own homes is interlinked with policy H5 which sets out enhanced accessibility standards.

Given the above and the Older People’s Accommodation Market Position Statement 2021 sets out there is sufficient provision for care homes until 2043, Persimmon Homes are of the view that criteria a) should be replaced by a policy which encourages specialist housing.

Although page 172 of the HMA does suggest that people in the affordable sector have less choice over size than those in the private sector, the objection gives undue weight to this point compared with the findings of the HMA as a whole. This includes the size table in the supporting text for Policy H4. The need for older people's accommodation is referred to in Policy H4. Rutland has a relatively old population that is ageing rapidly. The wording of criterion (a) is considered appropriate. The situation regarding care homes is different, as evidence suggests that there will be an oversupply for many years.