As I’m sure you are aware, Paragraph 9.17 of the Chancellor’s paper to Parliament, “Fixing the foundations: Creating a more prosperous nation”, (July 2015), signalled the Government’s intention not to proceed with the proposed 2016 increase in on-site energy efficiency standards or “Zero Carbon Homes”. The paper can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/443898/Productivity_Plan_web.pdf and Paragraph 9.17 is reproduced below.
My understanding of the current legal position is that the Section 1 of the Planning and Energy Act 2008 is technically still in force as Section 43 of the Deregulation Act 2015, which would amend it to exclude domestic unit, has not yet commenced. However, given the Chancellor’s clear signal not to proceed with Zero Carbon Homes therefore providing conflict within the Written Ministerial Statement that was issued at the launch of the Deregulation Act 2015 as we believed that we could continue to ask for CsH level 4 until Zero Carbon homes was launched in 2016 therefore allowing for a transitional period – this transitional period now appears irrelevant. We are now of the opinion that we should no longer be requiring developers to implement energy efficiency standards above those specified in the Building Regulations – and that we should be doing this as of now.
In pressing forward with our opinion it would be useful to know how other authorities are applying the legislation and the government direction.
Regards
Nathan
9.17 Evidence suggests that delays in processing planning applications may be a significant factor preventing housing supply from responding to upturns in the market. Significant progress has been made, with the proportion of major applications dealt with on time rising from 58% in 2012-13 to 77% in 2014-15.12 The government wants to see further progress, with all planning decisions made on time. This is particularly important for SMEs. The government will therefore:
- repeat its successful target from the previous Parliament to reduce net regulation on housebuilders. The government does not intend to proceed with the zero carbon Allowable Solutions carbon offsetting scheme, or the proposed 2016 increase in on-site energy efficiency standards, but will keep energy efficiency standards under review, recognising that existing measures to increase energy efficiency of new buildings should be allowed time to become establish
