Climate Contract Playbook Edition 3
163
[Evelyn & Ezra’s clause] NEW
The Origin Story
Child’s name
Evelyn & Ezra’s clause
Full name
Securing Net Zero in planning development projects
Practice Area / Sector
Planning, Real Estate, Construction, Energy
Currently, there is a wide disparity throughout England in aspirations of local planning authorities to achieve net zero. This is reflected in the range of planning policies in place and typical planning conditions and planning obligations being used. A coordinated and consistent approach will be required to achieve the government’s target of Net Zero by 2050 79 . Provide drafting solutions, suggestions, case studies and other resources to help local planning authorities gain confidence in requiring carbon neutral development as standard in their areas through policy, planning conditions and planning obligations. These suggestions are suitable for adoption through a range of different planning documents, including local planning authority policies, planning permissions, section 106 agreements and unilateral undertakings.
Issue
Solution
RIBA have developed strategies to enable architects to meet Net Zero 80 but these strategies are still dependent on an aligned planning system.
The planning system can play an instrumental role in guiding any development to be carbon neutral through the whole of its life.
Including planning conditions and planning obligations in legal documents are two ways in which local planning authorities (and other planning decision makers) can secure carbon neutral development in their area. Any planning decision is the outcome of balancing many factors. Decisions are to be made in accordance with the local plan unless material considerations indicate otherwise 81 . Accordingly, the need for climate neutral development can be introduced through the local plan or, may be a material consideration to be taken into account for any project development. Climate change material considerations may include: • the Secretary of State’s duty in the Climate Change Act 2008 [s1(1)]; • the Paris Agreement; • the National Planning Policy Framework (NPPF) [February 2019 revision]; and/ or • the National Design Guide. Local planning authorities can put together supplementary planning documents (SPD) which can include material considerations. Decision makers can use planning conditions and/or planning obligations to secure planning objectives such as carbon neutral development.
Context
79 https://www.theccc.org.uk/wp-content/uploads/2020/06/Reducing-UK-emissions-Progress-Report-to-Parliament-Committee-on-Cli.._-002-1.pdf pages 100, 123, 191-192 80 R IBA has developed the 2030 Climate Challenge to help architects meet net zero (or better) whole life carbon for new and retrofitted buildings by 2030. 81 Section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004.
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