Agenda item

To receive questions from Members under Rules 4a.20(b)-25

(1) Councillor Mike Croker asked the Cabinet Member for Planning and Development:

Would the Cabinet Member agree that it is desirable that, in light of the climate emergency recognised by this council on 26 June 2019, the emerging local plan requires all future dwellings to achieve a significant reduction in predicted in-use energy requirement when compared with the current building regulations? Specifically, at least a 19% reduction on the Dwelling Emission Rate (DER) against the Target Emission Rate (TER) based on the 2013 Edition of the 2010 Building Regulations (Part L), whilst meeting the TER solely from energy efficiency measures as defined within the SAP calculation model, and would she instruct officers to investigate this proposal and report back as part of the local plan review?

Councillor Claire Vickers, the Cabinet Member for Planning and Development replied as follows:

I agree that this is a hugely important issue and that the Council seeks to ensure that we will assist the move to a low carbon economy. 

I can confirm that I am happy to instruct my officers that we investigate the extent to which this can be achieved through the Local Plan review process and the outcomes of this work be reported back as part of the Local Plan review programme.

I would, however, like to provide some commentary about the challenges and issues that my planning officers face in requiring low carbon or zero carbon developments. 

As you will know, the building control regulations provide a starting point to ensure that new homes are built to a high level of energy efficiency.  The good news is that it is legally possible for local planning authorities to require higher standards above the existing building regulations up to the equivalent standards set out under the old Code of Sustainable Level 4 Homes.  However, we need to undertake more work to support this increase in standards in the Local Plan and, although the National Planning Policy Framework recognises the need for local plans to set out policies which ensure new development minimises impact on climate change, other sections of the NPPF are clear that whilst plans can identify contributions new developments should provide, which can include climate change targets, none of these policies can undermine the deliverability of the Plan.  This means that any policies and targets we set will need to be tested to ensure that developments are viable.  If this cannot be demonstrated the Plan would not be found sound at the independent examination of the Plan. 

It is a little too early at this stage to decide what precisely we can control or what can be achieved but further work is being done.  So my only word of caution is that the requirement for plans to be viable does have the potential to affect the level at which we can require more stringent energy efficiency requirements.

As a supplementary question, Councillor Croker asked if the Cabinet Member was considering some progressive tightening of standards within the period of the revised Local Plan in view of the prospective life of new buildings and in the context of the Government’s desire for the UK to be carbon neutral by 2050.

Councillor Vickers indicated that she was willing to look at any means that could ensure that all developments were as carbon neutral as possible within the timescale of the Local Plan.

(2) Councillor Bob Platt asked the Cabinet Member for Planning and Development:

Would the Cabinet Member agree that it is desirable that the emerging local plan will require all new homes (and buildings) to be net zero carbon emissions in operation by 2030, and would she instruct officers to investigate this proposal and report back as part of the local plan review?

Councillor Claire Vickers, the Cabinet Member for Planning and Development replied as follows:

I am happy to instruct my officers that we investigate the extent to which this can be achieved through the Local Plan review process and we will report back on the outcomes of this work through the Local Plan review programme.

I have already explained in my earlier response to Councillor Croker that any standards that are set in the Local Plan will need to be tested to ensure the Plan remains viable and does not delay the deliverability of the homes we need.

In addition I would like to highlight the requirements that all new homes should be zero carbon emissions is particularly complex.  This is because the term ‘zero carbon’ is unfortunately not clearly defined.  Although an initial definition was set out in the Code for Sustainable Homes, the definition has changed over time and in addition the Code is no longer in use. 

Other means of achieving zero carbon such as the allowable solutions carbon offsetting scheme have not been progressed.  This adds a complication for officers in identifying what may be considered a ‘zero carbon’ standard and then, in the longer term, monitoring progress towards its delivery. 

(3) Councillor Frances Haigh asked the Leader:

The Prime Minister has made it clear that the UK will be leaving the EU on 31st October, with or without a deal. Given that either scenario may cause disruption to our communities in the short term, I have requested a briefing from Officers about the steps taken and plans made by the Council to support our communities, as part of emergency plans in association with other Councils and public sector organisations. To date this has been promised but not received. Please could the Leader and CEO ensure that the briefing is provided to all members by 11th September?

Councillor Ray Dawe, the Leader replied as follows:

I understand from the Chief Executive, who is the Council’s lead officer on Brexit, that the information you have requested has already been provided to you by email. That email included a copy of the assessment of any possible risks facing the Council and sets out how the Council might reasonably mitigate those should it become necessary.  An example of this is increasing the fuel stock at the Hop Oast depot to maximum.  I have asked that a copy of that email is circulated to all Members.

Many local government services provided by districts and boroughs are affected by EU rules and regulations.  These include waste management, employment, environmental standards and procurement.  The Withdrawal Act 2018 however fully ensures that those EU laws which underpin key services on exit day would continue to apply through UK law, even under “no deal” so there is nothing legally that would stop those services continuing as now.

In his role as lead officer on Brexit, the Chief Executive participates in webinar teleconference sessions, attended by over 200 other councils, where Government Ministers and senior officials brief the nominated Brexit lead officers on the current status of the UK’s Brexit preparations.  We also receive advice and updates on Brexit from the Local Government Association.  It is clear that the measures taken by this Council parallel those taken by other district councils that do not have a port or an airport within their area.

Beyond that, the potential impact of Brexit on our communities falls into two main categories:

1) The resident status of EU citizens living in the UK; and

2) The effect of tariffs or customs delays on local businesses whose supply chains cross EU borders.

Both of these subjects and others are covered by numerous leaflets published by HMRC and the Home Office and which have been the subject of a number of publicity campaigns by the Government.  Both this Council’s website and that of West Sussex County Council provide hyperlinks, referring anyone searching for information on these matters to the advice provided by the agencies responsible.

In the meantime, particularly given the uncertainty, our officers will maintain their watching brief on developments and in doing so will be looking to reduce any new risks that may arise and Members will be informed if the webinar briefing sessions with other councils & Government officials or LGA advice identifies any additional actions that we need to take.

As a supplementary question, Councillor Haigh asked if it would be possible to have a workshop on this issue to enable all Members to ask questions or air any concerns they might have.

Councillor Dawe suggested that it would be wise to await the outcome of current developments in Parliament and at such point as he thought Members might benefit from a seminar he saw no reason why one could not be held.

(4) Councillor Frances Haigh asked the Leader:

The Leader said at the June Council Meeting that the idea of a Year of Green Action would be considered by the Council. This was greatly welcomed by climate campaigners who are looking to the Council to lead on this initiative at this time of climate emergency. Please could the Leader and the Cabinet Member for the Environment provide an update on the plans and progress made so far?

Councillor Ray Dawe, the Leader replied as follows:

I fully understand there is a strong interest among Members and residents about environmental matters.  As a Council we have a good record on such things and we want to do more.

What I believe I said at the Council meeting was I would talk to Cabinet Members about the idea of a Year of Green Action.  Cabinet Members have since done that and the response was strongly we are already in, and have been for some time, a period of Green Action.  This will undoubtedly continue long into the future as new ideas and initiatives appear.  Councillor Philip Circus, as lead Cabinet Member on this, has clearly stated our view that there can be a lot of rhetoric about Green matters but the important thing is to continue to find practical ways where the Council can act positively to help the environment. 

There is also a need to have good general public support of any actions.

At the annual meeting I specifically appointed a Cabinet Member for environmental matters.  I have also said that we will be undertaking a carbon audit of the Council’s activities via the Carbon Trust, so that Members and the public can understand what practical and quantifiable progress we are making.  I understand this audit will take place in late September.  We have also said that we will work on a number of streams on environmental actions and I have asked for a Cabinet paper to be produced to outline those.  Based on that we will then explore what more can be done and what timescale we can put on it.

As a supplementary question, Councillor Haigh asked if it would be possible to engage with communities by organising a ‘Green Festival’ in 2020, building on other events already organised by environmental groups, or if residents could be supported by the Council to run their own Year of Green Action.

Councillor Dawe suggested that Councillor Haigh put her proposal forward in greater detail so that it could be examined to determine its practicality and if it would work.