Welcome to this month's Inform: Planning & Environmental   This month we take a look at the Planning & Energy Act 2008 which gives the Merton Rule statutory force, and which received royal assent earlier this month. We also focus on a new regime for environmental enforcement, the consultation paper on restricting share ownership staircasing and the draft Planning Policy Statement for Eco-Towns.   Clare Prior Partner, Planning & Environmental    Top story   Merton Rule is given statutory force On 13 November the Planning and Energy Act 2008 which covers planning in both England and Wales, received royal assent. This was the private members bill introduced last December to give local planning authorities the power to set requirements for energy use and energy efficiency in local plans. The Merton Rule is the planning policy adopted by the London Borough of Merton in 2003 requiring commercial developments over a certain size, to source at least 10% of their required energy from on site renewables.   The Act doesn't specify the proportion of renewables required it simply enables a local planning authority to specify in their development plan documents policies imposing reasonable requirements for A proportion of energy used in development in their area to be energy from renewable sources in the locality of the development A proportion of energy used in development in their area to be low carbon energy from sources in the locality of the development Developments in their area to comply with energy efficiency standards that exceed the energy requirements of building regulations. It is worth noting that these policies have to be reasonable and must not be inconsistent with relevant national planning policies for England and Wales.  A copy of the Act may be viewed here.

 

 

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January - June 2009 We are holding a series of breakfast seminars which will provide practical advice based on the key areas our contacts typically seek our insight on. The seminars focus on construction law and should be useful for professionals in the property / construction industry.   Please click here to view the programme.

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Other stories

 

New Regime for Environmental enforcement
The Regulatory Enforcement and Sanctions Act 2008 introduces a new complex enforcement procedure for environmental offences.  The Act creates a new statutory corporation known as the Local Better Regulation Office to coordinate regulatory enforcement by local authorities and the imposition of sanctions, including fixed and variable financial penalties on companies who commit an environmental offence. Polluting the environment, creating noise or damaging Sites of Special Scientific Interest without the need to resort to criminal prosecution may all constitute an offence under the Act.

Offending companies may be ordered to undertake certain actions to bring them back into compliance and ordered to make good any harm they have done. Additionally stop notices requiring cessation of operations which cause or threaten environmental harm could be served. 

 

Public consultation on the proposed guidance for the use of these powers has to take place before they are introduced so the new regime is unlikely to be operational before the end of 2010.   

 

Consultation on restricting Shared Ownership and Leasehold enfranchisement

This consultation paper sets out the Governments' proposed criteria to be taken into account when deciding whether to designate an area in England as a 'protected area' for the purposes of s302 of the Housing and Regeneration Act 2008 to preserve shared ownership of affordable housing.

The consequences of a shared ownership house being in an area which is a protected area is that a Registered Social Landlord who grants a lease in accordance with s302 may restrict the tenant of the house from staircasing up to full ownership to ensure that affordable shared ownership properties are retained.  It is proposed that small rural areas will be designated as protected areas and the consultation paper seeks views from Local Authorities on the other types of locations which could be considered for such designation.

It is also proposed that this protection will be available to share ownership homes provided by a wider range of housing providers and so increase the opportunities to help people get a foot on the housing ladder through share ownership schemes.

For more information see the consultation paper.

 

New Sustainability thresholds proposed for Eco-Towns 
The consultation draft Planning Policy Statement on Eco-Towns issued this month supplements the Planning Policy Statement on Planning and Climate change and sets out the sustainability standards to be reached. Click here for more information.

Carbon dioxide emissions from all energy use within buildings in the Eco-Towns are to be zero or below and planning applications must show how this will be achieved.

Eco-Towns should have a thriving and cohesive mixed use communities that keep commuter trips to a minimum so a planning application must be accompanied by an economic strategy to demonstrate how access to work will be achieved.  There should be access to one employment opportunity per new dwelling that is reached by walking, cycling and / or public transport.

Homes constructed should as a minimum be built to Level 4 of the Code for Sustainable Homes and 40% of the Eco-Town's total area should be allocated to green space of which half should be public space.

Although Eco-Towns must be built as new settlements, separate and distinct to older centres they must be well linked to these older centres.  Planning permission will not be granted for Eco-Towns which are likely to have significant adverse effects on internationally designated conservation sites or Sites of Special Scientific Interest or result in a loss of local biodiversity. 

 

For more information please contact Clare Prior