Planning policy - section 3F: research

1. Introduction

1.1 Introduction

Section 3F of the Town and Country Planning (Scotland) Act 1997, as amended through Section 72 of the Climate Change (Scotland) Act 2009 states that:

'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.'
(Scottish Parliament, 2019b).

As a consequence, planning authorities across Scotland have had relative autonomy in determining the contribution low and zero-carbon generating technologies (LZCGT) should make to the CO₂ (Carbon dioxide) emission reductions of new buildings. This has led to duplication of effort in determining appropriate policies; inconsistences in terms of the LZCGT contribution sought, compliance procedures and calculation methodologies; and a general lack of clarity for all stakeholders. In response, the Scottish Government is using the preparation of the next National Planning Framework to further explore how the legislative requirements could be met, with a particular focus on the level of emission savings from the use of LZCGT.

1.2 Aims and Objectives

The aim of this study is to determine the proportion of in-use building emissions that could be reasonably saved as a result of using LZCGT, how this may change over the next 10 years, and what information is needed to demonstrate building level compliance at Planning.

Objectives

1. Identify an appropriate methodology for identifying the level of emissions savings which may be reasonably expected to be gained from LZCGT.

2. Recommend at least two levels of proportions of emissions savings which may reasonably be achieved when applied to new buildings over the next 10 years, one of which could be applied from 2021 and another greater proportion which could be applied from a later date, which may be 2024.

3. Identify an appropriate methodology which could be used by development management officers to understand whether the specified proportion of emissions savings has been reached.

1.3 Methodology

The research was primarily desk-based to provide relevant data, context and insight, and the scope went beyond Scotland. Literature was reviewed relating to current best practice approaches to CO₂ emission reduction in buildings, the principles underpinning robust energy policy design, the regulatory framework within which Section 3F policy operates, and the calculation methods embedded in the Standard Assessment Procedure (SAP) used to calculate CO₂ emission from new buildings.

Because existing Section 3F policy had attracted generally negative comments during the public consultation that took place as part of the recent Scottish Planning Review (86% of respondents from the 'Policy and Planning' and 'Development Industry' sectors called for its removal), it was felt further investigation was also needed to determine the exact nature of the problems that exist in current Section 3F policy so they could be avoided in any new policy. A survey was therefore undertaken that sought to learn from the experiences planning authorities have gained as a result of administrating current Section 3F policies (Appendix A). The aim was to benchmark current policy and procedures, and reveal where practical issues or concerns were being raised.

The outcome of this research has been formulated as two separate proposals. Proposal 1 simply satisfies the research objectives as stated in the brief. It defines a reasonable minimum LZCGT contribution to CO₂ emission reduction in new buildings that could be sought by Section 3F policy and the method by which this contribution could be calculated to establish policy compliance. This is achieved through a simple and pragmatic approach that models predicted energy demand in dwellings of various sizes and fabric energy efficiency. The outcome of this process was subsequently evaluated with respect to both implied and explicit governmental expectations of the rate of CO₂ emission reduction in buildings. The results are applicable to both domestic and non-domestic buildings.

Proposal 2 is a whole building approach which diverges significantly from the existing Section 3F policy and would therefore require new legislation. It is a result of the researchers' insight and reflections while undertaking this study. It re-imagines Section 3F policy in a way that plays to the strengths and skillsets of planning whilst complementing and supporting the existing whole-building approach to CO₂ emission reduction taken by building standards. It is anticipated that this proposed approach will add leverage to the type of sustainable and passive design solutions many planning authorities currently advocate, and address fundamental societal issues of consumption and the equitable use of resources; whilst simultaneously reducing energy demand, increasing fabric energy efficiency and incentivising the use of LZCGT. It is only intended to be applicable to domestic buildings.