Climate Change (Scotland) Act 2009 - section 72 operation: eleventh annual report

Information and conclusions fulfilling our annual reporting requirements on the operation Section 3F of the Town and Country Planning (Scotland) Act 1997.

6 Assessment of effectiveness of Section 3F in reducing greenhouse gas emissions from developments and assessment of the continuing need for Section 3F

6.1 This section assesses the reporting requirements of Section 73(1) which relate to the effectiveness of Section 3F in reducing greenhouse gas emissions and Section 73(2) on the ongoing requirement for Section 3F.

6.2 There are two key approaches to addressing Section 3F. The first is that low and zero-carbon generating technology is used to create emissions savings that help the building to meet building regulations. The second approach is to use low and zero-carbon energy generating technology to create emissions savings in addition to meeting the minimum standards set out in building regulations. These approaches are referred to as Type 1 and Type 2 respectively in the following paragraph.

6.3 Table 6 shows the breakdown of adopted local development plans per policy type as described above. A substantial majority, approximately 90%, of local development plan policies which include 3F have a Type 1 policy. The remaining plans take a Type 2 approach.

Table 5. Adopted local development plan Section 3F policy types*
Type 1 Type 2
29 3


* The two remaining LDPs not addressed above are those by Argyll & Bute Council, which has no 3F policy, and North Lanarkshire Council, which has not yet adopted its LDP1.

6.4 We do not believe the above information alters the 2016 University of Dundee research finding that building standards are the primary driver for reducing emissions from buildings.

6.5 As outlined in the Eighth Annual Report on the Operation of Section 72 of the Climate Change (Scotland) Act 2009, responses to the consultation 'Places, People and Planning'[23] included responses to a question about the removal of Section 3F which were subject to independent analysis[24].

6.6 The Scottish Government subsequently set out its commitment to retain Section 3F in its Places, People and Planning Position Statement as a visible means for planning to contribute to greenhouse gas emissions reduction.

6.7 The planning system is already bound by law to contribute to sustainable development in the round. The Scottish Government utilises the planning system where appropriate to facilitate progress towards meeting Scotland's statutory emissions reduction targets. We recognise that some people feel the direct action set out in Section 3F is important in providing a visible message to developers on action towards climate change.

6.8 This report does not change the commitment to retain Section 3F as set out in the Places, People and Planning Position Statement.



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