Climate Change Act – Section 72: fifteenth annual report

1. Summary

1.1 Annual reporting on the operation of Section 3F of the Town and Country Planning (Scotland) Act 1997 (as introduced by Section 72 of the Climate Change (Scotland) Act 2009) is a requirement of Section 73 of the Climate Change (Scotland) Act 2009.

1.2 Annual reporting on the legislation must consider its operation, effectiveness, and continuing need. This report also addresses matters highlighted in the Fourteenth Annual Report^[1] (Laying number SG/2024/29) (‘the previous annual report.)

1.3 Section 3F states:

‘A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero-carbon generating technologies.’

1.4 The previous annual report noted:

‘..that changes planned in building and heat standards may mean that Section 3F may not be required in the future.’

1.5 National planning policies now go further than Section 3F and consider lifecycle as well as in-use emissions. There is also a new system of local development planning in place, which does not require repetition of national planning policies. The New Build Heat Standard (NBHS), originally came into force on 1 April 2024 through The Building (Scotland) Amendment Regulations 2023^[2], targeting heating related emissions as a significant source and removed the emissions compliance calculation methodology.

1.6 In May 2024, Scottish Ministers committed to undertake a review of the building regulations introducing the NBHS, in response to concerns raised by rural and island communities on the restrictions on the use of direct emissions heating, particularly woodburning stoves and bioenergy. Following the conclusion of the review, The Building (Scotland) Amendment Regulations 2024^[3] came into force on 1 January 2025, which permit bioenergy and peat systems as a main heating system, and any type of secondary heating system in new buildings, while maintaining the prohibition on mains gas and oil boilers as a main heating system. The prohibition ensures that emissions from the previously most widely used emission-producing heating systems are removed.

1.7 On balance it is concluded that after 1 January 2025 the latest policy and regulatory position goes beyond what Section 3F can achieve and that the requirement to include policies within development plans under Section 3F is no longer necessary.

1.8 This report also finds that removing Section 3F ensures that resources are used most efficiently and reflects a natural progression of policy that forms internationally strong leadership on emissions reduction, which will continue as National Planning Framework 4 and the New Build Heat Standard are applied.

1.9 The conclusion that the legislation is no longer necessary enables Scottish Ministers to prepare an Order to repeal the legislation, as provided for by Section 73(2) of the Climate Change (Scotland) Act 2009.