SC(3) CR-Plan 7
Sustainability Committee
Inquiry into Carbon Reduction in Wales: Carbon Reduction via Planning
Response from Planning Officers Society for Wales
Mick Bates AM
Chair, Sustainability Committee
National Assembly for Wales
Cardiff Bay
Cardiff
CF99 1NA
Contact: Phil Williams
Date: 22nd January 2009
Dear Chair
National Assembly for Wales Sustainability Committee Inquiry into Carbon Reduction in Wales : The Role of the Planning System
I refer to the above Sustainability Committee which has recently called for written evidence on the role of the Planning system in carbon reduction.
Your letter of the 5th December 2008, calls for submissions by Friday, 23rd January 2009 and I would be pleased if you accept this letter as a response from the Planning Officers Society Wales (POSW). Whilst it is not intended to respond to each of the detailed questions, POSW considers it both appropriate and necessary to respond to the call for evidence as follows:
The Role of Planning in Enabling and Promoting Sustainability
At the outset it is fully appreciated that issues relating to sustainability and carbon reduction are, and have to continue to be central to an effective planning system. In this regard POSW acknowledges that much work is being undertaken within the Welsh Assembly Government to bring sustainability issues to the fore. In addition, and at the local level, the new suite of Local Development Plans currently being prepared have sustainability appraisal and strategic environmental assessment at their core and increasingly, decisions on planning applications are quite rightly considering issues of sustainability as an important material consideration.
In this regard, and against this backdrop, it is disappointing to note that from the evidence collected to date, the Committee has concluded that "the land use planning system has emerged as a major barrier to progress in meeting with WAG and UK Government carbon reduction targets” (first paragraph of your questions paper).
It is POSW’s view that one challenge to the Committee is to consider what evidence exists for such an assertion. POSW would also suggest that the Committee considers and takes into account the increasing complexity of the planning system, as well as the significant changes imposed on the planning system during recent years, when assessing the role of planning in delivering carbon reduction.
The Current System
The pace of change in Land use Planning has been significant in recent years. In terms of plan preparation, all 25 Welsh Local Planning Authorities are now faced with the production of a new suite of Local Development Plans, involving the use of a wide range of evidence and research tools such as Strategic Environmental Assessment and Sustainability Appraisal. Whilst it is appreciated that the increased emphasis on evidence and research will lead to a more robust policy framework in due course, the change to a new approach does not come without its challenges.
In terms of decision making, local planning authorities are being asked to take into account an ever widening suite of material considerations when determining planning applications. In this regard, applicants and developers have to provide an ever increasing range of assessments and statements to support their proposals, as a result of Welsh Assembly Government, UK Government and European Legislation and Directives. By way of example it is not uncommon for applications for planning permission to now be accompanied by Access Statements, Design Statements, Sustainability Statements, Flood Consequences Assessments, Environmental Impact Assessments, Traffic Impact Assessments, a wide range of Ecological Surveys as well as the necessary forms and plans.
The Planning system, through plan making and policy formulation sets a framework for the beneficial use of land. Sustainability is at the heart of this process and making decisions on applications for development need to be determined having regard the Plan and Policy. This is a sound system. However, the planning system has to respond to a number of often conflicting aspirations. In terms of Local Development Plans, such plans, in order for them to be judged as being 'sound’ have to be deliverable. Plans therefore have to be balanced by bringing forward adequate development to support growth and investment as well as changing demographics. If local planning authorities were to set the bar too high in terms of carbon reduction, such an approach may well undermine the deliverability of the Plan in its widest sense and in turn have a negative impact on the sustainability of communities.
By way of example, both in terms of plan making and decision making, the need for progress, investment, regeneration and growth on the one hand, always has to be balanced against the need for conservation and preservation of interests of acknowledged importance. Whilst the need to actively promote low carbon development is not disputed, the need to deliver far more affordable housing is also not disputed, as is the need to deliver community benefits as a consequence of development. These are all examples of often conflicting requirements, such requirements often emanating from the WAG itself. There is therefore a need to recognise that the statutory planning system, which is designed to weigh up all these factors, has to reach balanced decisions taking all matters into account.
POSW make no judgement on the current position, and reference to the situation is not intended as a criticism but merely an indication of how complex the land use planning system has become, at both policy and implementation levels.
Your evidence suggests that one issue or barrier is that of the time taken to take decisions. Faced with an ever increasing range of issues to consider it is perhaps not surprising that assessment of the more complex proposals take some time to consider and determine. In this regard, and if the planning system is to deliver more sustainable developments there needs to be more of a focus on outcomes as opposed to outputs. In this regard whilst the time taken to make decisions is an important factor, more emphasis must be placed on the quality of those decisions. After all, the planning profession and development industry will ultimately be judged on the quality of the end product.
Current and Emerging Good practice
Having set the context, there are a number of positives to report:
A number of Local Planning Authorities are well advanced in the production of Local Development Plans. Plan preparation does however involve considerable community engagement, a practice which is important if there is to be 'buy in’ to the plan and involvement of all sectors of the community. It must be recognised that one of the consequences of community engagement and the need to ensure a robust evidence base is that plan preparation does take time.
As policy initiatives at the national level have progressed, a number of authorities have produced Supplementary Planning Guidance to deal with the issues of Sustainability and carbon reduction. Such guidance is increasingly being used to require improvements in the quality of submissions and is also being used to inform "decision making.” Authorities are increasingly requesting sustainability assessments and are critically evaluating the sustainability credentials of new proposals with the aim of improving what is on offer.
There has been an increase in the number of applications submitted for low carbon or zero carbon houses. This is without doubt, due to the raising of awareness and importance being attached to the issue at both the national and local level.
A number of proposals rejected on the grounds of "sustainability” are being generally supported at appeal. There are a number of examples of proposals for schemes that have been rejected as a consequence of them being "unsustainable developments.”
POSW and the RTPI have established a training programme which includes reference to more effective decision making and the issue of sustainability as a material function in determining proposals.
The use of S106 Agreements to deliver benefits as a consequence of new development is long standing, but increasingly S106 requirements are relating to public transport contributions, sustainable transport (walking/cycling) initiatives, travel planning, waste management and recycling.
As SPG is being used to inform and influence both submissions and decisions, conditions are being used to ensure the delivery of sustainable and carbon reducing components within schemes.
More advice on carbon reduction is available than ever before, and a number of local authorities are leading by example in promoting energy reduction and carbon reduction in carrying out their day to day business.
Ensuring Continued Progress
There are a number of factors that have to be taken into account when considering the way forward.
1. The role of WAG is key. If the Welsh Assembly Government is serious about carbon reduction, it must continue to promote and set the agenda by establishing requirements not just aspirations. The Welsh Assembly Government needs to consider whether it is best to consider legislative requirements as opposed to issuing policy guidance and targets. By making certain standards "requirements” this removes the scope for negotiation and ultimately non-delivery by the development industry. In addition, the introduction of national policy requirements provide certainty and clarity to landowners and developers.
One means of achieving this is through the Building Regulations, and imposing far stricter requirements on developers. The advantage of using the Building Regulations is that these regulations have a far wider remit and sphere of influence than the planning system, by informing a significant area of domestic and commercial alterations and minor works that do not require planning permission.
Another way is to make progress on the proposed amendments to the permitted development rights for micro generation on domestic and business premises. Despite issuing consultation on these matters, some time ago, no further progress has been made.
Loosening permitted development rights in respect of extensions and alterations that currently require planning permission should be avoided as this reduces the scope of involvement of local planning Authorities (unless of course the Building regulations system can be used to good effect as suggested).
The potential for combing design, access and sustainability statements into one comprehensive requirement should be considered, given that issues of design and access go to the heart of sustainability and carbon reduction.
The promotion of 'low impact developments’ must take into account locational considerations. A zero carbon dwelling erected in an isolated rural location, where there is a reliance on the use of the private car to gain access to facilities and services cannot be described as 'low impact’.
Key or strategic developments need full and proper assessment. The Committee has heard evidence that out of town land uses should be discouraged. Yet major new commercial developments are still being promoted at the strategic regional and national level, and will need to demonstrate exceptional circumstances through rigorous assessment if any consents are given.
2. The role of the developer and applicant is also critical. Your opening paragraph to your written questions paper indicates that "the land use planning system has emerged as a major barrier to progress”. Many commentators would suggest that a major barrier is the aspirations of the development industry to itself come forward with sustainable, low carbon schemes. Whilst there are examples of practitioners who specialise in this area of work, the number of low or zero carbon schemes have until recently been few and far between. Whilst there has been a recent increase in the number of such proposals (which is welcome), the development industry in general has been slow to "embrace” the need to demonstrate carbon reduction, with excuses for not promoting sustainable techniques ranging from "to expensive” to "not appropriate for this particular site”.
3. The current economic situation is a material factor in the delivery (or non-delivery) of major schemes. In this regard, many local authorities are currently facing a reduction in development proposals coming forward for consideration and we are fully aware that this is an area that concerns the Welsh Assembly Government. A key priority for example is the delivery of affordable housing, but the current economic climate has reduced the number of schemes coming forward and there is a general lack of appetite for submission of schemes by the private sector. In such conditions, the requirements for low or zero carbon developments are likely to be difficult to deliver, not as a consequence of there being a lack of National and Local Government aspirations but as a consequence of external market and economic conditions. In current circumstances, the insistence that a scheme should be of a certain 'code’ or 'standard’, may be the difference between the delivery or non delivery of that scheme. This is the reality of the current situation, and this needs to be recognised. In addition, the WAG and Local Planning Authorities need to consider whether the current economic climate can be used as an advantage to justify and promote the progression of low carbon schemes pointing to the economic benefits of such schemes over a period of time. This is not an argument for necessarily reducing targets and requirements but rather a reflection of the current difficulties in bringing forward low carbon schemes.
In conclusion, POSW contends that the Planning system is central to carbon reduction. The progress made by individual authorities in promoting sustainability should not be underestimated. It is apparent that at long last an increasing number of proposals for low or zero carbon schemes are being submitted, influenced not only by the National Policy debate, but also by local initiatives and advice. Planning Authorities are rejecting unsustainable schemes and are successful in defending such decisions at appeal.
However, plan making and decision making has to have regard to evidence and has to be balanced against the need to meet and contribute to other aims and policy aspirations which at current market conditions, often require difficult decisions.
The drive towards low carbon developments and increasing emphasis on sustainability must gain public momentum if the planning system is going to influence the choices and decisions made by individuals when submitting proposals for new development and commenting on proposals for new development.
Yours faithfully
Phil Williams
Chair, POSW
