James Cook, head of planning at Blacks Solicitors, discusses the legislative and planning policy background and how recent changes, in response to COP26, are going to affect sustainable development planning in the coming years
Increasing numbers of climate emergencies have been declared in recent years, further increasing attention upon the need to mitigate the environmental impact of development planning. Whilst COP26 has renewed public support for measures to curb the climate crisis, legislation and planning policies that underpin such measures have been evolving since the early 2000s.
UK climate change targets
Although The Climate Change Act 2008 originally committed the UK to a target of an 80% reduction of greenhouse gas emissions by 2050 compared to 1990 levels, in 2019 the target was amended to reduce the UK’s greenhouse gas emissions to “net zero” by 2050 with interim targets set through five-yearly carbon budgets.
The Carbon Budget Order 2021 sets the sixth carbon budget for the UK for the period 2033-37 with a view to achieving net zero by 2050. The sixth carbon budget implies a 78% reduction in emissions from 1990 by 2035.
In October 2021 the Government published its “Net Zero Strategy: Build Back Greener” ahead of COP26, to outline how the UK will achieve net zero by 2050.
Planning & climate change
Planning authorities are under a statutory duty to ensure that, when taken as a whole, their local development plan documents include policies designed to ensure the development and use of land contributes to the mitigation of, and adaptation to, climate change.
The National Planning Policy Framework (NPPF) also underlines the importance of mitigating and adapting to climate change as part of the environmental objective which underpins sustainable development plannning. The NPPF emphasises that the planning system should help to shape places in ways that contribute to radical reductions in greenhouse gas emissions.
Local plans should take a proactive approach to mitigate and adapt to climate change, including providing a positive strategy to increase the use and supply of renewable and low carbon energy and heat. Additionally, new developments should be planned for in ways that both reduce vulnerability to the impacts of climate change and can help to reduce greenhouse gas emissions.
Avoiding and mitigating flood risk
In 2021 the London School of Economics (citing the UK Climate Change Committee’s 2019 Progress Report) highlighted that 1.4 million people in the UK are currently at risk of flooding, with currently associated damages valued at £270 million each year. A 2022 report from the Environment Agency ahead of COP26 warned that the effects of climate change will increase the likelihood of flooding in some areas of the UK. The Agency’s message was that adaptation to climate change is as important as mitigation.
The NPPF states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at the highest risk (whether existing or in the future). Where development is necessary for such areas, the development should be made safe for its lifetime without increasing the risk of flooding elsewhere. The NPPF, therefore, requires all plans to apply a sequential test with the aim of steering new development to areas with the lowest risk of flooding from any source. Where appropriate, planning applications should be supported by a site-specific flood risk assessment.
Importantly the NPPF states that both developments in areas at risk of flooding and major developments should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate. Sustainable Urban Drainage Systems (SUDS) are designed to imitate natural drainage to reduce surface water flooding and promote water harvesting. In flood risk areas, developments may also be designed in a way to build resilience to future risks, including those arising from climate change (for example through raising finished floor levels and building in flood defences).
Biodiversity Net Gain
The NPPF already requires national and local planning policies and decisions to minimise impacts on and provide measurable net gains for biodiversity. Biodiversity net gain (BNG) is therefore already a feature of national and local planning policy. However, the recently enacted Environment Act 2021 will require all developments to deliver a BNG as a condition of planning permissions granted in England when the relevant provisions come into effect.. BNG may be delivered on or off site or via the purchase of “biodiversity credits” to mitigate any shortfall.
The importance of BNG to planning will therefore only increase with the advent of the Environment Act 2021. We are likely to see more and more multifaceted and innovative approaches to achieving BNG through habitat creation and enhancement solutions alongside other objectives of sustainable development planning, including climate change mitigation. Measures such as SUDs and the creation of multi-functional green infrastructure will play an important part in achieving these objectives and mitigating the impacts of climate change.
Renewable energy and energy efficiency
The Planning and Energy Act 2008 allows planning authorities in England to include in their development plan documents a reasonable requirement for a proportion of energy used in development to come from renewable and low carbon sources.
Increasing in-built renewable energy measures such as solar panels can reduce the volume of electricity from unsustainable sources used in the development, and when combined with passive measures like enhanced energy efficiency, can significantly reduce environmental impacts.
In December 2021 the Government announced amendments to building regulations that aim to reduce carbon emissions from new build homes by around 30% compared to current standards. The amended regulations come into force in June 2022 and are a precursor to the Future Homes and Buildings Standard which aims to achieve net zero ready homes from 2025.
