Select Committee on Environmental Audit Minutes of Evidence


Joint memorandum submitted by Communities and Local Government and the Department of Environment, Food and Rural Affairs

  Communities and Local Government and the Department for Environment, Food and Rural Affairs are pleased to respond below to the Environmental Audit Committee's invitation for memoranda in support of the Committee's inquiry into greener homes for the future.

INTRODUCTION

1.  In July 2007 Communities and Local Government published Homes for the future: more affordable, more sustainable[1], the Government's green paper on housing. Homes for the future set out our intention to increase housing supply to 240,000 new homes per year by 2016 in order to meet our objective that everyone should have access to a decent home at a price they can afford and in a place where they want to live and work.

  2.   Homes for the future is not just about housing numbers, however. If the homes that are built in the years ahead are to stand the test of time, then they will need to be of high quality and, in particular, meet the environmental challenges of the future. In the Communities and Local Government's 2007-08 Sustainable Development Action Plan[2] we said that one of the Government's key contributions to sustainable development is ensuring that people have access to housing that is affordable and of good quality, and managing the environmental consequences of housing development.

  3.  In responding to the EAC's inquiry it is important to set out the key environmental challenges that housebuilding potentially presents which will need to be addressed in future homes and new or expanded communities. These include:

    —  carbon emissions—mainly from running the home, although there are also carbon emissions from construction;

    —  pressures on water resources and water quality;

    —  the potential impact of new development on flood risk and surface water drainage;

    —  impacts on biodiversity and green spaces; and

    —  the ability of our built and natural environments to adapt to the inevitable consequences of climate change.

  4.  Carbon emissions are of course a global issue. The other impacts listed above tend to be more locationally specific—ranging from issues best considered at a regional scale (in particular water resources) through to issues where the potential impact depends to a large extent on the precise location of the development (such as biodiversity). Some issues, such as flood risk and water quality, need to be considered at both the regional and local scales. The New Growth Points programme is a good example of how we are seeking to manage the impacts of growth at the local level.

  5.  The Committee has identified some of the important programmes, which we will use to address these issues—our zero-carbon homes policy, the Code for Sustainable Homes[3] and the eco-towns programme. But it is also relevant to consider these within the wider frameworks that government sets, in particular:

    —  the Climate Change Bill will place an overarching, legal obligation on Government to reduce carbon dioxide emissions by at least 60% by 2050, against a 1990 baseline, with the trajectory defined by a system of five-year carbon budgets. While the Bill does not set targets for specific sectors of the economy, or define which policy measures will be required to stay within budget and meet the long-term target, the framework it establishes makes clear that if policy decisions in one area increase emissions they must be balanced by emissions reductions elsewhere in the economy. The Bill also sets out a framework for climate change adaptation, through a process of risk assessments, programmes of action and powers to require certain bodies to report on risks and actions;

    —  renewable energy sources have a role both in achieving carbon reductions and contributing to overall energy security. The Government therefore intends to put in place a Renewable Energy Strategy, to provide for the role of renewable technology in tackling climate change and to ensure we successfully meet the UK's share of the EU 2020 renewables target;

    —  the planning system. Our national ambitions for housing will be tested through the planning system, both at regional and local level. Regional Spatial Strategies prepared by Regional Planning Bodies and Local Development Frameworks prepared by Local Authorities will identify the need and location for new housing through a process of evidence gathering, and plan making incorporating Strategic Environmental Assessment and sustainability appraisal. Additionally, through their development control powers, local authorities will pay careful attention to the environmental impacts of all new house-building proposals and, whenever appropriate, subject them to Environmental Impact Assessment. Proposals to improve the planning system are currently before Parliament in the Planning Bill;

    —  Building Regulations will address carbon emissions from new homes—with increasing standards planned for 2010, 2013 and 2016—and other impacts too, for example water. We are introducing a new process for revising Building Regulations with a regular cycle of co-ordinated reviews that address drivers for change—including environmental impacts and evolving understanding of the changing environment and risks that homes will face in the future—and can take account of the potential of evolving technology and experience of how it is used in practice.

  6.  We have structured this memorandum in five parts. We address, first of all, the carbon impacts of new homes and our zero-carbon policy in particular. Next we address the other environmental impacts set out above. We then turn to the further programmes that the Committee has asked questions about—eco-towns and the Code for Sustainable Homes. Finally, we address the subject of infrastructure.

REDUCING CARBON EMISSIONS FROM NEW HOMES

Is the target for all new homes to be zero-carbon by 2016 on track to be achieved? Does the Government need to do any more to deliver this target?

How should "zero-carbon" be defined? What role should carbon offsets play in meeting this target?

What impact will the progressive tightening of energy efficiency Building Regulations have up to 2016?

How should compliance with the targets be measured and enforced?

  7.  With nearly 50% of carbon emissions in the UK coming from buildings, and 27% from homes it is clear that reducing emissions from homes will be vital if we are to be successful in tackling the challenge presented by climate change. To this end the Government is committed to reducing carbon emissions from all homes, both existing and new. That is why in December 2006, the Government launched its consultation on Building A Greener Future: Towards Zero-carbon Development[4], proposing a trajectory to zero-carbon new homes from 2016.

  8.  In July 2007 the Government confirmed in the Building A Greener Future Policy Statement[5] the timetable for all new homes to be zero-carbon from 2016, via a progressive tightening of the carbon standards in the Part L Building Regulations—by 25% in 2010 and by 44% in 2013—up to the zero-carbon target in 2016. We expect our zero-carbon new homes policy to save around 14 million tonnes of carbon dioxide annually by 2050.

  9.  The policy statement set out the Government's overall definition of zero-carbon, namely that the emissions from all energy use in the home (including appliances, heating, lighting and hot water) should be zero in net terms over the year, taking account of renewable energy generated onsite and from directly connected renewable sources. The policy statement said that the Government would consult further on the finer detail of the definition of zero-carbon in the light of experience and technological developments. In response to stakeholder views that clarity on the definition was very important, it was announced in the Budget that the Government would consult in the summer of 2008 with a view to finalising the definition by the end of this year.

  10.  The Government recognises that the 2016 zero-carbon new homes target is challenging but is committed to ensuring that it becomes a reality. Some homes are already being built to the 2010 and 2013 standards. In pursuing this agenda, the Government will be breaking new ground. It will be necessary to provide continued clarity and certainty around the long-term policy aim and approach, while recognising the need to rely on stakeholders for input as to how the aim can be achieved. The process will need to be a co-operative one and a learning one for all sides.

LEVERS

  11.  The key lever at the Government's disposal to bring this about is regulation, in the form of Building Regulations. But Government also has other roles to play, in particular:

    —  supporting industry in delivery, to overcome the barriers to implementation;

    —  creating a supportive planning framework—in particular the Planning Policy Statement (PPS) on climate change[6];

    —  supporting the creation and refinement of voluntary mechanisms, such as the Code for Sustainable Homes;

    —  financial incentives—in particular the Stamp Duty Land Tax relief for zero-carbon new homes;

    —  supporting exemplar programmes; and

    —  supporting industry's research needs.

  These roles are addressed in turn below.

Regulation

  12.  Alongside the Building A Greener Future Policy Statement, Communities and Local Government published Building Regulations, Energy Efficiency Requirements for New Dwellings[7], a forward look at what the interim standards in 2010 and 2013 might mean for the industry and how they might be met. Since then Communities and Local Government has embarked on a comprehensive review of how best to achieve the higher standards through the Part L review programme. This work is being undertaken in close cooperation with stakeholders in the construction industry, with the aim of agreeing an approach which is practical and cost-effective, and which provides sufficient flexibility for designers whilst not taking unacceptable technical risks.

  13.  The Government expects this technical work to be completed in time to enable the launch of formal consultations on the next amendments to Part L early in 2009.

  14.  The principle criterion for compliance will continue to be calculation of the net annual carbon dioxide emissions per unit floor area using the Government's Standard Assessment Procedure (SAP) for the Energy Rating of Dwellings and comparisons with target calculation results. As part of the technical development work leading to the Part L consultation SAP is also being reviewed in the light of user experience with the current (2005) version and industry's suggestions on increasing its scope and versatility to cope with the product and system innovation that will be needed to achieve the higher standards.

  15.  The same calculations are also used to produce the Asset Rating conveyed on Energy Performance Certificates (EPCs) and are part of assessing the Level achieved on the Code for Sustainable Homes Scale. For EPC and Code purposes the calculations must be carried out by accredited energy assessors.

Supporting delivery

  16.  Ultimately, it will be industry—developers, housebuilders, the construction products and industry and others in the supporting supply chain—that deliver on zero-carbon new homes. But Government will continue to work closely with industry via the 2016 Zero-carbon New Homes Taskforce, and will identify the barriers to implementation of the zero-carbon 2016 target, and put in place measures to address them.

  17.  Work is already under way to establish a delivery unit that will launch this year to guide, monitor and coordinate the zero-carbon programme. Government will provide pump prime funding for the unit to support it in the early stages. The Government is working with industry and other stakeholders on the details of the arrangements for a delivery unit.

  18.  One of the key elements of ensuring delivery will be ensuring that Building Control Bodies are able to support and assure compliance with the Building Regulations standards when they come into effect. To support their efforts in this area we recently launched a consultation paper, The Future of Building Control[8], which includes proposals to strengthen Building Control functions and introduce a wider range of sanctions and enforcement powers for Local Government.

  19.  The Government is also developing, jointly with the construction industry, the Strategy for Sustainable construction. This strategy is aimed at providing clarity around the existing policy framework, and seeks to realise the shared vision of sustainable construction by:

    —  Setting higher standards to achieve sustainability.

    —  Providing clarity to business on the Government's position by bringing together diverse regulations and initiatives relating to sustainability.

    —  Signalling the future direction of Government policy.

    —  Making specific commitments by industry to take the agenda forward.

  20.  The strategy covers climate change, biodiversity, waste, water and materials, as well as innovation, procurement, design, better regulation, and the people agenda. The Government's consultation on the draft Strategy closed on 30 November 2007, and we expect to launch the final Strategy by 11 June this year.

Supportive planning framework

  21.  The Planning Policy Statement: Planning and Climate Change, which was published on 17 December 2007, puts tackling climate change at heart of what Government expects from good planning. The PPS means that climate change—both mitigation and adaptation—will now be a key and integrating theme in plans and planning decisions. In particular, the new PPS on climate change sets out a significant role for both regional and local planning in helping to speed up the shift to renewable and low-carbon energy. This PPS is further supported by the Government's Planning Bill, which includes a new duty on climate change. Draft practice guidance to compliment the PPS has been published[9] to support practitioners.

Code for Sustainable Homes

  22.  In April 2007, the Government launched the voluntary Code for Sustainable Homes, a six star rating for new homes. The Code provides a consistent framework and set of standards against which developers can build more sustainable homes and market their properties based on how environmentally friendly they are. The Code was developed in close consultation with the housing building industry and green groups and remains relatively new. Government will continue to examine its operation in practice to see how it supports the overall policy aim of achieving zero-carbon.

  23.  Since the Code's launch over 727 developments have been registered against the Code, incorporating over 40,000 homes. The first Code certificates are now being issued, with 14 homes having reached Code Level 3 at design stage and three homes having reached Code Level 4. Some of these properties have already been built and are going through the post-construction assessment. Further information on the Code can be found below.

Stamp Duty Land Tax relief

  24.  The Government recognises that financial incentives can act as a catalyst to industry in building to higher environmental standards. To this end the Government has introduced a Stamp Duty Land Tax (SDLT) relief for new zero-carbon homes. The SDLT relief will help kick-start the market for new highly efficient technologies in homes, both for the fabric of the building and in the use of microgeneration, and sets a gold standard for green homes.

Exemplar programmes

  25.  The Government wants to challenge industry in finding cost effective and innovative ways to build to low and zero-carbon standards. To this end the Government has brought forward proposals for new eco-towns, which will be designed to meet the highest standards of sustainability, including low and zero-carbon technologies and good public transport, and will lead the way in design, facilities and services, and community involvement. More details on eco-towns are provided further below.

  26.  In addition, the Carbon Challenge, managed by English Partnerships, will further the Government's ambition in this area by fast tracking the development of zero-carbon small communities, and we expect the Challenge to deliver over 1,000 homes that meet Level 6 of the Code for Sustainable Homes in eco-villages across England. In December 2007 the Government announced that Barratt Developments PLC has been chosen as the preferred developer for the first site, Hanham Hall Bristol, where the first homes will start to be built in summer 2008.

  27.  The Government's Delivery Plan[10] published in November 2007 announced the ambition to make the Thames Gateway the country's first Eco-Region, acting as an international exemplar of sustainability. The key characteristics of the Eco-Region will include: enhanced quality in both the built and natural environments; efficient use and re-use of resources; development that mitigates its contribution to climate change whilst adapting to the inevitable impacts of climate change; and delivery of high quality environmental infrastructure in the right places and at the right time. The scale of development in the Gateway provides an opportunity for innovation in areas such as the provision of renewable and decentralised energy, and the testing of new approaches to resource efficiency such as water neutrality and a zero construction waste target. These ideas will be refined through a series of workshops and an international symposium, leading to publication of the Thames Gateway Eco-Region Prospectus by the end of this year.

Research

  28.  Research will also play an important part in developing the designs, energy solutions and construction products that will be needed in low and zero-carbon buildings. On 8 May this year the Government announced, through the Technology Strategy Board (TSB), £30 million funding to support an Innovation Platform in the area of Low-Impact Buildings.

  29.  The Innovation Platform's initial focus will be on the development of materials and components that will reduce energy and water consumption within buildings, which can then be integrated into existing designs and building practices. Alongside this the TSB is launching a funding competition that will allocate £4 million to provide partial funding for winning projects that involve businesses working collaboratively with other businesses and/or with research organisations and academic institutions.

OTHER ENVIRONMENTAL IMPACTS

What is the likely scale of environmental impacts (especially carbon emissions) of the construction of three million new homes (ie, irrespective of where they are sited)? How should these impacts be reported? What should be the role of central Government in minimising them?

To what extent do, and should, planning controls protect greenfield and green belt land from development of new housing? How adequately are environmental considerations (for instance, biodiversity and rural landscapes) being taken into account in deciding the location of new developments?

  30.  This section sets out the crucial role of the spatial planning system in assessing and mitigating the environmental impacts of new housing development. It then goes on to consider specific environmental impacts, namely protection of green space and biodiversity, water use, water quality, flood risk and climate change adaptation.

Spatial planning

  31.  The planning system will be the key mechanism through which the environmental impacts of house building will be assessed, both at regional and local level. It will take into account not only the impacts of carbon emissions and climate change, in accordance with the recently published PPS: Planning and Climate Change, but also other impacts.

  32.  The process of preparing Regional Spatial Strategies (RSS) and Local Development Frameworks (LDFs) involves intensive processes of information and evidence gathering and full public consultation. It is a statutory requirement for Natural England, the Environment Agency and English Heritage to be consulted. RSS and LDFs have to take account of national planning guidance and are subject to Strategic Environmental Assessment, Sustainability Appraisal and examination in public before being, respectively, signed off by the Secretary of State and adopted by Local Planning Authorities.

  33.  As part of the Sustainability Appraisal process, Sustainability Appraisal Reports are prepared on the likely significant sustainability effects of the proposed strategies or frameworks. The consultation requirements noted in the previous paragraph apply also to the Sustainability appraisal.

  34.  Regional Planning Bodies and local planning authorities have to prepare a statement summarising how the final Sustainability Appraisal has taken account of the consultation process and the process for monitoring the significant effects of implementing the strategies and frameworks. Also there are particular requirements imposed by the need for plan making bodies to comply with the EU Habitats Directive, and for "appropriate assessments" to be undertaken of the impact that their strategies and frameworks will have for any European protected species or habitats that may be effected by them.

Protection of green space and biodiversity

  35.  The Green Belt was introduced in the 1930s primarily as a strategic device, to help planners forestall inappropriate development and the piecemeal joining-up of discrete communities by means of unplanned ribbon development extending into the countryside, and also to preserve the openness of that countryside. In essence, that is still its role today, when the pressures on land are even more intense. Currently, approximately 13% of the land mass of England, across all regions, is designated as Green Belt.

  36.  One of the key ways of protecting green space is to concentrate housing development on previously developed land. PPS3: Housing[11] focuses on developing brownfield land for housing as a priority. Currently, 75% of new housing is being constructed on brownfield land—well above the Government's target.

  37.  However, the Government has made it clear that the classification of a site as brownfield does not necessarily mean the site is suitable for development for housing. The key consideration is whether a site is in a suitable location. With an increasing level of new house building, there may be increasing pressure to bring forward some suitable greenfield sites for housing, although PPS3 has maintained the national target of at least 60% on brownfield land. Local planning authorities should take a strategic view and develop brownfield wherever possible, but recognising that other land may be more appropriate for development at a particular time.

  38.  Planning Policy Guidance (PPG) Note 2: Green Belts[12] sets out the Government's policy on Green Belts. RSS set the framework for Green Belts within each region and form the basis for designations made by local planning authorities. The detailed boundaries of the Green Belt are set out in Development Plan Documents.

  39.  Green Belt boundaries may be amended through the development plan process, but only in exceptional circumstances and only after robust public consultation and a formal Examination in Public. Any development proposals in Green Belt land are subject to very stringent tests. PPG 2 sets out the key policy—a presumption against inappropriate development on Green Belt land. Such development should not be approved, except in very special circumstances.

  40.  In May 2007 the Planning White Paper, Planning for a Sustainable Future[13], reinforced the Government's commitment to the key principles of Green Belt set out in PPG2. Green Belt policy has served the country well over many decades, preventing urban sprawl and protecting countryside from inappropriate development.

  41.  Environmental considerations are central to identifying suitable locations for new developments. PPS1 Delivering Sustainable Development[14] states that planning policies should seek to protect and enhance the quality, character and amenity value of the countryside and urban areas as a whole. This includes giving a high level of protection to the most valued landscapes and wildlife habitats. More specific policies aimed at protecting the natural environment are contained in PPS7 Sustainable development in rural areas[15], and PPS 9 Biodiversity and Geological Conservation[16]. These policies need to be taken into account in the preparation of development plans and may also be material to decisions on individual planning applications.

Water Usage

  42.  Future Water[17]—The Government's water strategy for England was published in February 2008. The strategy outlines the Government's plans for water management in the future and the steps to ensure that good clean water is available for people, businesses and nature. The strategy recognises the importance of managing future water demand and includes goal to reduce per capita consumption by 2030 to a level of 130 litres per head per day or less, through cost effective measures. The strategy recognises that Government, water companies, house builders, manufacturers, retailers and consumers all have a role to play in saving water.

  43.  Water efficiency has a key role to play in reducing carbon emissions. Treatment systems for both water and effluent are large users of energy through pumping and hot water use in the home is responsible for over 5% of total UK greenhouse gas emissions.

  44.  In April 2009, the Government will be setting, via Building Regulations, a performance standard of water use for new dwellings of 125 litres per person per day (equivalent to Levels 1 and 2 of the Code for Sustainable Homes). This can be achieved by current or market ready products.

  45.  As well as amending Building Regulations, the Government will also be conducting a review of the Water Fittings Regulations. The British Standards Institute is preparing a code of practice for rainwater harvesting systems and plans to introduce a code of practice for grey water systems.

  46.  Through the Code for Sustainable Homes, the Government has challenged developers to build new dwellings to higher levels of water efficiency—as little as 80 litres per person per day in the case of Code Levels 5 and 6. The intermediate levels of water usage in the Code can be achieved by using available or market ready products, although the more demanding levels will probably require an innovative approach from developers.

  47.  Last year, the Environment Agency, working with Defra and Communities and Local Government, undertook a study to investigate the potential to achieve water neutrality in the Thames Gateway. The study, published in December 2007, identified a number of demand management pathways for moving towards water neutrality and concluded that water neutrality can be achieved by improving efficiency in new buildings, retrofitting existing buildings, extending metering and using tariffs so that the overall water use of the developed Gateway would not exceed current water use. The Government is currently working with stakeholders to identify how moving towards water neutrality could be achieved.

  48.  The climate change PPS confirms that local planning authorities may expect higher levels of sustainability in developments that are planned, for example, in areas of serious water stress. Where higher levels are specified, they should be nationally described sustainable building standards such as a specific level of the Code for Sustainable Homes.

Water Quality

  49.  The Water Framework Directive (WFD) provides an inclusive approach to managing water as it flows through catchments from lakes, rivers and groundwater to estuaries and the sea, and aims to improve the ecological status of these waters. There is a requirement for water bodies to meet good ecological status by 2015, unless it is technically infeasible or disproportionately costly to achieve this, in which case the deadline may be extended to 2021 or 2027, or a less stringent objective may be set.

  50.  A key WFD objective is to prevent deterioration in the status of all water bodies ie deterioration from one status class eg good to a lower one eg moderate. The Government is working with the Welsh Assembly Government and the Environment Agency to develop policy and procedures on how the Environment Agency should work with other regulators to ensure that they take WFD requirements—including the requirement to prevent deterioration—into account (alongside other relevant considerations) when assessing planning proposals and developments. The Government is considering what guidance is needed to ensure that planning authorities consider the requirements of the WFD when assessing proposals for new modifications and developments.

Flood Risk

  51.  PPS 25: Development and Flood Risk[18] is an important part of climate change adaptation policy, providing a risk-based approach to managing future changes in flood risk to new development due to climate change to complement the climate change PPS. PPS 25 policy provides opportunities to avoid, manage and reduce future flood risk to communities, for instance by re-creating and safeguarding functional flood plain and washlands and designing more liveable developments combining sustainable defences, green/recreational space and increased flood storage. The Stern Review pointed out that land-use planning, in encouraging private and public investment towards locations that are less vulnerable to climate risks and flooding, is an important element for managing flood risk in the long term.

  52.  The Government recently consulted on a suite of policies to improve surface water management as part of the Government's Water Strategy, Future Water. This provides a vehicle to take forward some of the key recommendations outlined in Sir Michael Pitt's interim report on the Summer 2007 floods and the results emerging from the 15 pilot projects on urban drainage that Defra is currently funding as part of Making Space for Water[19], the Government's programme for flood and coastal erosion risk management.

  53.  Communities and Local Government has carried out research jointly with the Environment Agency to determine how the flood performance of buildings can be improved. This involved background research into existing practice, risk assessments to see which options were advisable and testing materials and forms of construction at a hydraulics laboratory.

  54.  The flood performance of buildings is not part of current Building Regulations. However this is being considered as part of the response to Sir Michael Pitt's interim report into the floods of Summer 2007. Also, Building Regulations apply mainly to new buildings or the undertaking of building work and not to maintenance and repair. However, insurers and other stakeholders have expressed a preference for standards of flood repair to be brought into regulations. For energy the improved specification of replacement works has been well captured. However, applying these same principles to flooding aspects of other types of building work may prove problematic. The Government is currently considering how best flood performance could form part of the Building Regulations and expects to explore the scope and limitations of legislation as part of this review.

Climate Change Adaptation

  55.  The Climate Change Bill recognises the importance of adapting to the impacts of climate change. The Bill will require Government, on a regular basis, to assess the risks climate change poses to the UK, and update a programme to address the risks. Additionally there will be new powers in the Bill that will allow the Government to require, where necessary, a public authority or statutory undertaker to assess the risks of climate change and set out what action they need to take in response. Statutory guidance will be provided to help public authorities understand how to assess the risks of climate change and plan any related action. Later in the year the Government will publish an Adaptation Policy Framework document that reflects the legislative framework set out in the Bill drawing together information about what the Government is already doing, and why, and setting out how we will move forward.

  56.  The Government's work will build on the work of our world leading resource, the UK Climate Impacts Programme (UKCIP), which provides information and tools that can be used by organisations across the public, private and third sector to help them adapt to both the risks and opportunities of a changing climate. UKCIP will be publishing updated probabilistic climate change scenarios for the UK in November 2008, which will include regional scenarios up to 2099. These scenarios will be important context for all of our decisions on our homes for the future.

  57.  The adapting to climate change indicator in the new local performance framework, measures the progress of local authorities in assessing and managing the risks from climate change across its plans, estates and services. Ensuring the assessment and management of the impacts of climate change on the building of new homes is integral to achieving the requirements of the indicator.

  58.  The new PPS on climate change makes clear that tackling climate change is at the centre of what Government expects from good planning. This means planning helping to shape sustainable communities that are resilient to, and appropriate for, the climate change now accepted as inevitable.

  59.  As far as individual buildings are concerned the proposed improvements in the Building Regulations standards in 2010, 2013 and 2016 will continue to be developed on the basis that insulation and airtightness are key to winter warmth and the avoidance of excessive internal temperatures in summer without the need for air conditioning or changes in the basic cool-climate building styles we are familiar with in the UK. Nevertheless, climate change predictions and stakeholders perceptions of the place of warm climate housing styles and efficient air conditioning equipment will be kept under review. The aim will be to include a report on the Government's thinking on these matters in the consultation documents that precede each amendment.

ECO-TOWNS

As currently envisaged, how big a contribution will they make to reducing the environmental impacts of housing in England-both in their own right, and in the development of design and techniques that could be rolled out in other developments?

  60.  The Government expects that there will be up to five eco-towns by 2016 and 10 by 2020. The size range for each town is 5,000-20,000 homes, which should provide the critical mass to trial and develop new or existing technologies to achieve zero-carbon emissions, other forms of improved resource efficiency, and more sustainable behaviour patterns (in terms of transport, for instance) across the whole development.

  61.  The Government has looked at 57 proposed eco-town locations in a review across Government Departments involving Communities and Local Government, Defra, the Environment Agency, Natural England, Department for Transport, the Highways Agency, and Government Offices, assessing, in each case, the potential location-specific impacts on the natural environment and the infrastructure necessary to support the proposed developments. This assessment (or "showstopper review") considered a wide range of environmental impacts, including: flood risk, surface water drainage, water supply, water quality, biodiversity (especially impacts on protected sites and species), landscape, waste management, land contamination, and air quality.

  62.  The Government is asking each eco-town proposal to demonstrate the highest level of excellence in one particular aspect of environmental sustainability (in addition to higher than regulatory standards across a wide range of environmental impacts). For example, this could be in water efficiency levels, or sustainable drainage systems. In this way eco-towns will demonstrate as beacons of excellence in the practical demonstration of environmental sustainability. Among the ideas and examples of innovative approaches included by bidders are:

    —  underground systems for waste recycling;

    —  free public transport for residents;

    —  variable charging for car use and remote parking to deter car use for short journeys;

    —  green routes to school;

    —  planting and harvesting woodland around the eco-town to provide biomass fuelled energy; and

    —  using waste heat from nearby power stations for homes and businesses.

  63.  The Government has made clear that it does not expect proposals for built development in an area of high flood risk and that eco-town proposals should include a water cycle study for the eco-town and related areas, including any additional assessment of flood risk needed, and reflect this in the design.

  64.  The Government is actively encouraging innovative proposals that enhance biodiversity and improve the natural environment, by integrating high quality green spaces into the new towns. Some proposals have been rejected because they had too many adverse impacts on the environment. We will ensure that eco-towns maximise delivery of ecosystem services.

  65.  On 3 April the Government published the consultation document Eco-towns—Living a greener future[20]. This is a three month consultation on preliminary views on the benefits of eco-town, the sorts of environmental standards that might apply in eco-towns, and the 15 shortlisted locations. At this stage all the shortlisted locations for eco-towns are subject to consultation and further assessment, and final decisions on the locations are still to be determined. At this stage we do not have enough information to make an assessment of the impacts that eco-towns will have. However, a detailed Sustainability Appraisal of all 15 sites, incorporating a Strategic Environmental Assessment, will be undertaken over the next three months, and this in turn will be consulted on when the results are known.

  66.  The Government wants to ensure the sharing of best practice amongst the proposed eco-town developments. To this end we are working with the Town and Country Planning Association (TCPA) on the practical application of the key sustainability and development criteria for eco-towns.

  67.  As part of this the TCPA are working with experts from Government and non-government organisations to produce worksheets, which provide the "how to do it" type of guidance on the eco-towns criteria. The worksheets will be available to all those involved with taking forward eco-town proposals eg developers, local authorities etc. The approach adopted is not prescriptive, but rather showcases a variety of complementary and innovative approaches to achieve the desired outcomes. It also provides the guidance in an accessible format to those not familiar with the concepts. The TCPA have recently published worksheets on transport, the water cycle and community, and these are available on the TCPA website[21]. Further worksheets will address housing, low carbon development, waste management, climate change adaptation, and biodiversity.

CODE FOR SUSTAINABLE HOMES

  68.  Paragraphs 24 and 25 above provide background on the Code for Sustainable Homes. As these explain, and in common with the development of Building Regulations, Government will need to continue to work closely with stakeholders both to refine the Code and to examine its operation in practice to see how it supports the overall policy aim.

  69.  So far 727 developments, containing over 42,000 new homes have been registered against the Code in the first 12 months of its existence. Although very few Code homes have been completed, the number of registrations alone indicates that the Code is having a positive impact.

  70.  With Code Level 3 a condition of receiving grants from the Housing Corporation's national affordable housing programme for 2008-11, we expect the number of developments registering to the Code to rise further. The downturn in the private housing market may mean that there will also be opportunities for housing associations to increase the level of affordable housing above that which would normally be available via section 106 agreements as developers look to reduce their level of stock. These completed homes may not meet all of the standards for the 2008-11 programme. The Housing Corporation has therefore set out additional criteria upon which it will consider, on a case by case basis, accepting private market sector variants, which in some aspects fall below the Corporation's published minimum standards.

  71.  Increased awareness of climate change and fuel costs are likely to encourage people to buy homes that are more sustainable. The Government's aim is for Code homes to support this process as they enter the market.

How well is the mandatory rating likely to be enforced?

  72.  Trading Standards Officers are the enforcement officers for the mandatory provision of Code certificates within Home Information Packs (HIPs) for new homes in the same way that they enforce the mandatory provision of EPCs within HIPs for all saleable homes. We have worked with Local Authorities Coordinators of Regulatory Services to ensure that Trading Standards Officers are aware of what Code certificates look like and what their role is. It is only the provision of a Code certificate that they are enforcing, not the content of what is on the certificate. Therefore, technical training of any sort is not required.

  73.  The contents of the Code Certificate are the responsibility of the licensed and accredited Code assessor. The organisations that train, license and accredit Code assessors have quality assurance processes to check that the standards of assessments that are carried out by their assessors meet the requirements of their accreditation, and thus ensure the correct Code rating has been awarded.

Should the Code be changed in any way?

  74.  As noted above, the Code is relatively new and breaks new ground. As such, it can not be static, but has to be capable of responding as issues arise. A technical advisory group containing representatives from industry and specialists in sustainable development advise the Government on what changes need to be made to the Code on the back of any technological developments or feedback on how the Code is operating in practice. The Code technical guidance is updated every six months to incorporate these changes. In 2010, the Code will be updated comprehensively in light of the scheduled changes to the Building Regulations. The Government will go out to consultation on updating the Code in 2009.

INFRASTRUCTURE

What progress has the Government made, in the two years since EAC's last report on this issue, in ensuring that new developments are being built with adequate infrastructure in order to make them successful and sustainable?

  75.  The Government has been clear that its commitment on new housing is not just about meeting its target of three million additional homes by 2020. It involves building better homes in sustainable communities. The timely provision of infrastructure is critical both to unlocking housing growth in the first place and to ensuring that communities are sustainable in the long-term.

  76.  Over the last two years the Government has been working hard to ensure that new developments are provided with the infrastructure they need. This work has followed up on the Government's Response in 2005 to Kate Barker's Review of Housing Supply and includes:

    —  Review into Supporting Housing Growth (2006-07)

    During the CSR07 process Communities and Local Government worked closely with HM Treasury, Defra and other departments to ensure that departmental resources across Government are targeted appropriately to provide the necessary support for future housing and population growth. The Review's conclusions—including ensuring all major infrastructure departments prioritise investment to support housing growth and sign up to the housing Public Service Agreement and improved local infrastructure delivery planning—fed into subsequent policy documents, including the Planning White Paper.

    —  Planning White Paper[22] (May 2007)

    Planning for a Sustainable Future sought to refocus the role of local authorities away from site-specific planning of infrastructure delivery to a more strategic and holistic view, involving infrastructure providers and neighbouring authorities. Among its detailed changes, the White Paper proposed to clarify the soundness test on "implementation" of development plan documents, so that local authorities would need to demonstrate to an inspector how and when infrastructure that is required to facilitate development will be delivered, which would provide greater confidence among developers and other infrastructure providers in their own plans.

    —  Housing Green Paper[23]

    Homes for the future—in particular Chapter 5—set out a range of announcements to ensure housing growth is underpinned by adequate infrastructure. These included a new cross-Government Public Service Agreement (PSA 20) on housing growth, how departments would work together to support growth and detailed proposals on planning gain.

    —  Pre-Budget Report and Comprehensive Spending Review[24] (October 2007)

    At PBR 2007, the Government announced £732 million for a new Growth Fund to support the delivery of infrastructure in the three newer Growth Areas and the Growth Points. From April 2008 this will provide unringfenced block funding to local authorities and partnerships based. This forms part of the wider £1.7 billion funding for infrastructure in Growth Areas, New Growth Points and eco-towns.

    —  Community Infrastructure Levy[25] (CIL)

    The Housing Green Paper set out different approaches to capturing a greater proportion of planning gain. Following discussions with stakeholders, the Government has made provision for a Community Infrastructure Levy (CIL) in the Planning Bill, introduced to Parliament in November 2007. CIL will enable local authorities to ensure that almost all developments, not just the major ones, make a fair contribution towards new community infrastructure needed to support growth. The new CIL powers are expected to come into effect by spring 2009 (subject to the Parliamentary timetable). Local authorities will then be able to establish charging regimes in their area. A public consultation on the draft CIL regulations is planned for the autumn. CIL is expected to raise hundreds of millions of pounds for investment in infrastructure.

    —  PPS12: Local Spatial Planning (Expected May 2008)

    Building on the CSR07 Policy Review and the Housing Green Paper, this revision of PPS12 will strengthen national policy on infrastructure planning by setting out detailed expectations of local planning authorities in terms of infrastructure planning for Core Strategies. It will set out local authorities' responsibility to undertake timely, effective, and conclusive discussions with key infrastructure providers when preparing a core strategy and that the strategy should include the specific infrastructure requirements of any strategic sites, which are allocated in it.

    —  PSA (20) and Three-Month Reviews

    PSA 20's Service Level Agreement sets out that responsibility for delivery, particularly in infrastructure provision, is shared with key departments, for example in terms of how their policies and funding allocation systems will support sustainable housing growth. To support this, CLG is leading on a programme of three month bilateral reviews with each department, aiming to identify and overcome any barriers to infrastructure delivery within the scope of the department.

    —  The Defra three month review is now underway and is scheduled to be report to the Housing Minister and the Secretary of State for the Environment in the summer. It will seek to: consider how the delivery of improved environmental infrastructure and more general environmental enhancement can best be done hand in hand with increased housing supply; identify barriers and risks to delivery on the PSA20 commitments of Defra and its Agencies; explore ways in which these can be overcome or mitigated; and identify examples of best practice where local delivery partnerships are working well to ensure that environmental and green infrastructure is provided in support of housing growth.

CONCLUSION

  77.  The Government believes that its ambitious objectives for housing growth can be achieved in ways that are environmentally sustainable. This Memorandum has set out the wide range of policies and programmes in place to ensure that housing development is as environmentally sustainable as possible, ranging from the overall strategic frameworks in place for environmental protection (notably through climate change policy), the spatial and other planning processes (such as the sustainability appraisal required for RSS and LDFs and the WFD), through to policies and programmes specifically aimed at mitigating the impact of new homes (such as zero-carbon homes and water efficiency policies in Building Regulations). The Committee can be assured that the Government will be taking forward these policies vigorously as we move forward with our housing growth plans.

May 2008







1   www.communities.gov.uk/publications/housing/homesforfuture Back

2   www.communities.gov.uk/documents/corporate/pdf/631160 Back

3   www.communities.gov.uk/planningandbuilding/buildingregulations/legislation/englandwales/codesustainable/ Back

4   www.communities.gov.uk/archived/publications/planningandbuilding/buildinggreener Back

5   www.communities.gov.uk/publications/planningandbuilding/building-a-greener Back

6   www.communities.gov.uk/publications/planningandbuilding/ppsclimatechange Back

7   www.communities.gov.uk/publications/planningandbuilding/energyefficiencynewdwellings Back

8   www.communities.gov.uk/publications/planningandbuilding/futurebuildingcontrol Back

9   www.erm.com/practiceguideance Back

10   www.communities.gov.uk/publications/thamesgateway/deliveryplan Back

11   www.communities.gov.uk/publications/planningandbuilding/pps3housing Back

12   www.communities.gov.uk/publications/planningandbuilding/planningpolicyguidance Back

13   www.communities.gov.uk/publications/planningandbuilding/planningsustainablefuture Back

14   www.communities.gov.uk/archived/publications/planningandbuilding/consultationplanningpolicy Back

15   www.communities.gov.uk/planningandbuilding/planning/planning/planning/pps7/ Back

16   www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/historicenvironment/pps9/ Back

17   www.defra.gov.uk/environment/water/strategy/pdf/future-water.pdf Back

18   www.communities.gov.uk/publications/planningandbuilding/pps25floodrisk Back

19   www.defra.gov.uk/environ/fcd/policy/strategy.htm Back

20   www.communities.gov.uk/publications/housing/ecotownsgreenerfuture Back

21   www.tcpa.org.uk/ecotowns.asp Back

22   www.communities.gov.uk/publications/planningandbuilding/planningsustainablefuture Back

23   www.communities.gov.uk/publications/housing/homesforfuture Back

24   pbrcsr07.treasury.gov.uk/ Back

25   www.communities.gov.uk/publications/planningandbuilding/infrastructurelevyguidance Back


 
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