Development Planning Partnership DPP Colin Williams Senior Associate Partner

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Development Planning Partnership (DPP)Colin
WilliamsSenior Associate Partner

• Changing the climate of Planning
• Climate Change Seminar
• 26 March 2009
• Kirwens Solicitors, Liverpool

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Introduction to DPP LLP

• Established in 1973
• 10 offices across the UK and Ireland
• 160 Partners and Staff
• ISO 9001 registered
• Full range of planning services

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Services

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Who we work for

• Carpenter Investments
• Centros Miller
• British Land
• Taylor Wimpey
• Barratt Homes
• Deutsche Bank
• Investream
• Benmore Developments
• Maple Grove Developments

• Shell UK
• Hammersons
• Tesco
• ING Real Estate
• PO Estates
• English Heritage
• Ministry of Justice
• AXA Real Estate
• Iliad Group

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Climate change - Political agenda to Public
awareness it is everywhere!

• Global warming, rising sea levels and inland
  flooding, oil and gas running out
• Buildings contribute 50 of UKs total CO2
  emissions
• Energy Review - CO2 emissions to be cut by 20 by
  2010
• Debate over alternative sources wind, tidal,
  nuclear, coal?
• Stern Report (October 2006) brought Government
  into action across all departments economics of
  the effects
• Planning for a Sustainable Future White paper
  (2007) reform of the planning system

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The Government puts climate change at the top of
the planning agenda

• PPS22 Renewable Energy (2004)
• Deals with major energy projects and encourages
  small scale renewables in developments
• Ministerial Statement (June 2006 pre Stern
  Report)
• Government expects all LPAs to include policies
  in Development Plans which require of energy to
  come from on-site renewables (where viable)
• PPS1 and PPS Climate Change Supplement(2007)
• Overarching policies sets out Govt objectives
  for climate change and sustainable development
• If compliant favourable consideration of
  applications

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Climate change agenda affects the planning
process from inception to implementation

• Masterplanning urban design
• Community engagement
• Heritage conservation
• Environmental sustainability assessments
• Planning statements (accompany planning
  applications)
• Regeneration strategies
• S106 and planning conditions

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Its more than just another policy!

• PPS1 and PPS22
• RSS/LDFs
• From encouragement to requirement (LB
  Merton)
• Supplementary Planning Documents (e.g. LPA
  Sustainability Appraisals, Planning Briefs)
• Building Regulations Part L Reductions in
  carbon emissions in all new buildings
• Sustainability rating (e.g. BREEAM, EcoHomes)
• Environmental Assessment and Sustainability
  Appraisal

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Development Plans are becoming more demanding!

• London Plan new buildings to generate at least
  10 of own power needs from renewable resources
  on site to increase to 15
• Merton UDP require 10 of predicted energy
  demand in major developments to be met by on site
  renewables (e.g. 1,000 m2 or more, sites over 1
  ha)
• North Devon 15 reduction from renewables
• Kirklees by 2011, 30 of emerging consumption in
  new buildings from renewables
• Only a limited number of authorities (15) have
  similar policies but more
• expected to do so

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North West Action Plans and Toolkits
Implementing Action for Sustainability - An
integrated Appraisal Toolkit for the North West
2003
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The Regional Spatial StrategyNorth West Plan
(2008)

• Policy EM16 energy conservation efficiency
• applies to everyone in the process, efforts to
  reduce demand for consumption of energy and be
  efficient in use of resources and reduce waste
  robust policies to meet national timetable
  domestic and non domestic buildings
• Policy EM17 renewable energy
• in line with NW renewable energy strategy, 10
  provision by 2010
• rising to 15 by 2015 and 20 by 2020
• Meeting or not meeting the target is not an
  overriding factor in granting /refusing planning
  permissions
• Policy EM18 decentralised energy supply
• Encourage use of decentralised, renewable or low
  carbon energy in new developments
• Must be at least 10 renewable energy from
  decentralised sources
• 1,000 sqm for commercial and residential gt10
  units
• Could argue, evidentially, it is not viable or
  feasible!

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The Regional Framework for development and
Investment the North West Plan 2021

• Policy DP 9 Reduce Emissions and Adapt to
  Climate Change
• Policy EM15 Framework For Sustainable Energy
• In The North West
• Policy EM16 Energy Conservation Efficiency
• Policy EM17 Renewable Energy
• Policy EM18 Decentralised Energy Supply

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The Liverpool Context

• PPS1 PPS22 must be take into account
• The North West Plan is part of the development
• plan for Liverpool and has force
• Liverpool UDP (2002)-
• RENEWABLE ENERGY - EP16
• The City Council will support the development of
  renewable energy projects (subject to criteria)
• ENERGY CONSERVATION - HD21
• Expect developers to minimise the overall demand
  for energy arising from their development
  proposals by taking into account the need for
  energy sensitive siting, orientation and layout
  in the design of new developments.

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Some Practical Issues experience

• Pre PPS1 and RSS North West Plan, there was
  little clout
• for LPAs seeking renewables in developments.
• It isnt clear to what extent a truly eco
  friendly
• development should outweigh other fundamental
  policies
• The lack of certainty and knowledge as to the
  real
• benefits of aspects of the measures (they dont
  work!)
• Incorporating renewables and low carbon features
  are
• major hit on project viability.
• LPAs still reluctant to refuse major development
  because
• it doesnt meet targets

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DPP - Examples
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DPP - Sustainability