Climate change is firmly on the political agenda with recent Government measures focusing on tackling climate change through the planning system.
Government Cabinet Minister Ruth Kelly in December launched a package of measures being taken forward by her Communities and Local Government department to help deliver the Government's ambition of achieving "zero carbon development". The measures proposed to implement this include:
Planning Policy Statement 1: Delivering Sustainable Development which sets out the overarching planning policies on the delivery of sustainable development through the planning system.
Planning and Climate Change: which sets out how spatial planning should contribute both to reducing emissions (mitigation) and preparing for the unavoidable consequences (adaptation).
Code for Sustainable Homes and a consultation document Building a Greener Future.
Together, these policies signal a shift in thinking about the effect of buildings on climate change and in turn they will have profound implications for planners, architects and developers. Zero development has been defined as one that achieves zero net carbon emissions of 50% or more from energy use on site on an annual basis. Low carbon development has been defined as one that achieves a reduction in net carbon emissions of 50% or more from energy use on site, on an annual basis.
Energy use relates to all energy uses of buildings and structures and what goes with them, for example heating, cooling, lighting (including floodlighting) and appliances, but excludes transport.
While simply complying with building regulations will go some way towards reducing the carbon impact of any development, the achievement of low or zero carbon development will require additional measures including low energy lighting, biomass heating and water conservation.
There are a variety of ways in which local authorities may encourage, and indeed in the future require, developers to undertake low carbon or zero carbon developments.
It is likely that there will be a trend towards including supportive policies for low and zero carbon developments in the local development frameworks.
Planning conditions may be used to require the delivery of zero or low carbon development where this is related to development plan policies.
For example, where there is a 10% on-site generation policy, planning conditions may require the submission of the details of a renewable energy system prior to the commencement of development.
For major developments it is likely that Section 106 agreements will be required. Such an agreement may require the developer to pay for a connection to a district heat and power system.
The burden of zero carbon development is one which will ultimately be shared, and developers of new buildings will be expected to make a contribution. Developers will then need to consider whether the cost of the development's zero carbon status can be passed on to the purchaser.
Robin Atkin is a planning partner at law firm Ward Hadaway in Newcastle.