The role of planning in achieving net zero

Local plans

The Planning Practice Guidance confirms that addressing climate change is one of the core land use planning principles which the NPPF expects to underpin both plan-making and decision-taking, and that in order to be found sound, Local Plans will need to reflect this principle. Furthermore, there is a statutory requirement (imposed by section 19(1A) of the PCPA) that Local Plans include “policies designed to secure that the development and use of land... contribute to the mitigation of, and adaptation to, climate change” which is a consideration when a Local Plan is examined.

Accordingly, the emphasis being placed on the sustainability credentials of new development at its various stages, as well as projects to convert and re-purpose existing buildings, has both a statutory and policy footing.

Increasingly, Local Plans include examples of low carbon policies being imposed, including:

• The preparation of detailed energy strategies evidencing reductions in greenhouse gas emissions and demonstrating development, both in its construction and operation, to be net zero carbon.
• The establishment of a minimum standard for the energy performance and carbon emissions of new and existing buildings, which often exceeds the energy efficiency requirements of building regulations.
• The offsetting of any shortfall against an ‘on-site’ net zero carbon target via the making of payments into the relevant local planning authority’s carbon offset fund.
• The implementation of sustainable transport measures, including development-wide travel plans and car club or car sharing arrangements, and the provision of a minimum number of electric vehicle charging points within a scheme.
• The maximising of opportunities for decentralised heating and energy, including designing developments in order that they may connect into district heating networks in the future.

There is a clear tension between the need to mitigate and adapt to climate change and managing the cost of development. It is imperative that national and local decarbonisation policies, in their implementation, are compatible with the delivery of development schemes that are viable otherwise they will become a significant obstacle to delivery and will serve to stymie development.

Furthermore, the recent tendency of the government to legislate for the deregulation of the planning system through the introduction of increased permitted development rights and greater flexibility in use classes has the potential to undermine its climate change mitigation and adaptation objectives.

Pulling in different directions

Notwithstanding the priority status which is increasingly being afforded to the achievement of net zero through local planning policies and the NPPF’s recognition that responding to climate change is central to the ESG dimensions of sustainable development, it should not be forgotten that there are a myriad of other policies, at both national and local level, which can pull in a different direction. These include policies concerned with securing high quality and well-designed places, the conservation and enhancement of historic assets and the protection of the natural environment.

It has always been, and will continue to be, the role of the planning system to resolve these policy conflicts where they arise. This underlines the importance of getting climate change mitigation and adaptation measures right so that they do the good they are intended to do, and do not result in harm.

Progress towards the achievement of net zero must be accelerated, and the planning system should play its part. However, the planning balance remains a delicate one to strike.

Author

Sam Grange, Legal Director - Shoosmiths

Read the next article in the ESG series