Draft Regulation 18 Sandwell Local Plan

Ended on the 18 December 2023

Renewable and Low Carbon Energy and BREEAM Standards

5.57 It is essential for the successful delivery of the SLP that a high standard of sustainable design is secured on all new developments over the Plan period. This will reduce carbon emissions from new development, improve design quality and "liveability" and help create a high-quality environment, which in turn will maximise economic competitiveness and housing choice.

(6) Policy SCC6 – Renewable and Low Carbon Energy and BREEAM Standards

Renewable and Low Carbon Energy generation

  1. Proposals involving the development of renewable or low carbon energy sources will be permitted where the proposal:
    1. accords with local and national guidance;
    2. would not significantly harm the natural or built environment;
    3. maintains and safeguards the historic environment and heritage assets, including their setting; and / or
    4. will not have a significant adverse effect on the amenities of those living or working nearby[106].

Low carbon and renewable requirements for development

  1. Small developments creating between one and nine homes or non-residential floorspace of less than 1,000m2 gross (whether new build or conversion) must incorporate energy generated from renewable or low carbon sources sufficient to off-set at least 10% of the estimated residual energy demand[107] of the development on completion.
  2. Major developments creating ten or more homes or non-residential floorspace of 1,000m2 gross or more (whether new build or conversion) must incorporate the generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion.
  3. A variety of renewable and low-carbon energy sources and generation methods should be assessed and costed, including on-site and off-site sources where appropriate and the use of district heat and / or decentralised energy networks where available or proposed. An energy assessment must be submitted with the planning application to demonstrate that these requirements have been met.
  4. The potential for inland waterways to promote low carbon technologies is recognised; in appropriate locations adjacent to Sandwell's canal network, proposals to heat and cool new properties using water source heat pumps will be welcomed and supported.
  5. The renewable energy target will only be reduced if it can be demonstrated that achievement of the target would:
    1. make the proposal unviable through submission of an independently assessed financial viability appraisal; or
    2. would not be feasible due to practical constraints.

BREEAM Standards

  1. All new build non-residential developments, student housing and care homes of 1,000 sqm gross or more should achieve the following standards of BREEAM New Construction certification, including full credits for category Wat 01 (water efficiency):

Size

Standard

Year

1,000 - 5,000m2 gross

BREEAM Very Good

up to 2029*

BREEAM Excellent

2029 - 2039*

>5,000m2 gross

BREEAM Excellent

* Year refers to date planning permission is granted

  1. BREEAM requirements may be varied if it can be demonstrated that achievement of the standard would make the proposal unviable, through submission of an independently assessed financial viability appraisal.

Justification

5.58 The Planning and Compulsory Purchase Act of 2004 requires local plans to include policies designed to secure the contribution of development towards the mitigation of, and adaptation to, climate change.

5.59 Changes to Part L of Building Regulations came into effect in June 2022, which introduced a carbon reduction improvement of c.31% for all major developments. The changes also significantly improve energy efficiency standards for new homes and further improvements under the "Future Homes Standard" are anticipated during the Plan period. However, given the urgency of the climate change crisis and the amount of development planned in Sandwell across the Plan period, it is vital that use of energy from non-renewable sources by new homes, and other types of development, is minimised as far and as early as possible, until overtaken by any further changes to Building Regulations.

5.60 Although there is currently limited renewable energy generation in the borough, evidence shows that there is considerable untapped capacity to produce and export renewable energy at a local level. Therefore, it is important that all new developments should make the maximum contribution towards renewable and low carbon energy generation, where this is financially viable and feasible to implement.

5.61 According to the Canal and River Trust, the canals of England and Wales can provide enough latent thermal energy to support the heating and cooling needs of around 250,000 homes, using water source heat pumps. Sandwell's network of canals and the proposed development of canal-side development sites will therefore provide opportunities for developers to install water source heat pumps.

5.62 Assuming energy use under current Building Regulations, it is generally not practical to provide more than 20% renewable energy generation within a new development. Solar power is the most suitable technology on most sites. Solar energy generation is limited by the orientation and extent of roofs within a development, so on average 50% of roof space in a housing development can support solar panels. This typically limits renewable energy generation to 20% of average residual energy demand. The Viability and Delivery Study has demonstrated that this level of requirement will not prejudice the delivery of most major developments in the Black Country. To limit the financial burden on smaller developers, a lower requirement of 10% has been set for small developments. Where several smaller developments are taking place close together and it is considered that these form phases of a major development, the 20% requirement will be sought. Residual energy demand means that the estimated energy demand for the operational development should be calculated after allowance has been made for the full range of energy efficiency measures required under Building Regulations at the time of construction.

5.63 Sandwell Council will lead by example by seeking to maximise energy efficiency and incorporation of renewable and low carbon energy generation through the refurbishment and redevelopment of land and buildings in its ownership.

5.64 Many types of renewable and low carbon energy generation can be developed in Sandwell, including solar photovoltaics, solar thermal, air, water and ground source heat pumps and other technologies (see Policy SCC6). The Black Country Utilities Infrastructure Capacity Study[108] concludes that there are no parts of the Black Country that would be suitable for large-scale wind turbine development. However, there is no evidence to suggest that any other type of renewable or low carbon energy technology would be inappropriate. Therefore, any form of renewable or low carbon energy proposal will be treated on its merits in accordance with this policy, Policy SCC2, other relevant local plan policies and national guidance.

5.65 The SLP includes a range of aspirations for high quality design and climate change mitigation and adaptation, particularly those set out in Policies SDM1 and SCC1. An effective way of ensuring these aspirations are delivered in a consistent manner is by using tools for assessing and improving design quality. The Building Research Establishment (BRE) administers a range of robust national standards that can support this approach. BREEAM standards are well established and certify quality and sustainability in the built environment, including running costs, health and wellbeing and environmental impact. Minimum standards are first applied – these will include the national water efficiency and space standards for housing set out in Policy SDM2. Developers are then able to choose from a menu of other measures to reach the total credits necessary to achieve certification to the required level.

5.66 Application of the BREEAM New Construction standards set out in Policy SCC6 will ensure that all major developments in Sandwell meet a minimum level of quality and sustainability that is independently certified throughout the planning and construction process and, in most cases, following completion. To allow for an improvement in standards over time, the level of certification required for medium-sized developments of 1,000 - 5,000m2 gross will be increased after 2028 in line with larger developments.

5.67 The use of other standards, such as Passivhaus and the BRE Home Quality Mark, which use third party assessment and certification to robustly verify that the quality of approved development is not materially diminished between permission and completion, will also be supported.


[106] E.g., by generating adverse visual, noise, odour, air pollution or other effects

[107] Residual energy demand means that the estimated energy demand for the operational development after allowance has been made for the full range of energy efficiency measures required under Building Regulations (at the time of construction).

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