27 Design and sustainable construction

27 Design and sustainable construction

National policy

27.1 The NPPF is clear that good design is a key aspect of sustainable development and the creation of high quality, beautiful and sustainable buildings and places is fundamental to what the planning and development process should achieve (NPPF, paragraph 131).

27.2 Local Plans should set out a clear design vision and expectations (NPPF, paragraph 132). All local authorities should prepare design guides or codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences (NPPF, paragraph 133). 

27.3 Policies should ensure developments function well, are visually attractive in respect of architecture, layout and landscaping, sympathetic to local character, maintain a strong sense of place, layout, building types and materials, create safe and accessible places with a high standard of amenity for users (paragraph 135).

27.4 New development should be planned to adapt to the impacts arising from climate change and to help reduce greenhouse gas emissions, through location, orientations and design. Any local requirements for the sustainability of buildings in plans should reflect the Government’s policy for national technical standards (paragraph 164).

Evidence base

Key issues

  • The Council is currently preparing a borough-wide Design Code, setting out the design requirements for developments in Cheshire West.
  • The Levelling Up and Regeneration Act (2023) introduced national development management policies (NDMPs) that will cover a range of planning issues, such as design standards, environmental impacts and infrastructure requirements, that will override the content of local development plans when the two conflict. NDMPs are expected to be introduced this year.
  • The Local Plan has a legal duty to mitigate climate change (deliver carbon reductions), established in the Planning & Compulsory Purchase Act 2004. National planning policy confirms that this mitigation should be in line with the Climate Change Act 2008.
  • The Climate Change Act includes both the 2050 goal for a net zero carbon UK, and sharply declining five-yearly carbon budgets between today and 2050.
  • Under the Future Homes Standard, from 2025 all new homes will be required to produce 75-80% less carbon dioxide emissions and will need to be ‘zero-carbon ready’. The Future Building Standard builds on this by setting out energy and ventilation standards for non-domestic buildings and existing homes – however, this may not be sufficient  by itself to deliver the necessary scale of changes. 
  • The Council’s Climate Emergency response plan sets out the scale of the challenge that we face, as a borough, to achieve carbon neutrality by 2045. Significant reductions have been made in industrial emissions, with the main driver of emissions being from transport.
  • The Planning & Energy Act 2008 grants the local plan the power to require renewable energy provision, and energy efficiency standards beyond those set by Building Regulations. However, the NPPF also states that any local requirements for the sustainability of buildings in plans should reflect the government’s policy for national technical standards (para 164b).
  • The ‘Planning – Local Energy Efficiency Standards Update’ Written Ministerial Statement (13 December 2023) also seeks to constrain local authorities in setting energy efficiency standards that go beyond current building regulations, and by directing local authorities, where they do set higher standards, to express these ‘as a percentage uplift of a dwelling’s Target Emissions Rate (TER) calculated using a specified version of the Standard Assessment Procedure (SAP).’
  • The borough has a designated Area of Special Advertisement Control to protect the countryside. Applications for advertisements within this area will have to demonstrate how a proposal respects the special character of this area and maintains its amenity value.

Current adopted policy

Local Plan

Policy reference

Policy summary

Local Plan (Part One)

ENV
6 High quality design and sustainable construction

Promotes sustainable high quality design and incorporation
of energy efficiency measures and measures to mitigate and adapt to effects of
climate change.

Local Plan (Part Two)

DM
3 Design, character and visual amenity

Sets out the design principles and contextual analysis to
achieve a high standard of design that respect the character and visual amenity
of the local area.

Local Plan (Part Two)

DM
4 Sustainable construction

Seeks to secure sustainable design features in new
development such as energy efficiency, renewable energy, district heat networks
and construction techniques. Requires non-residential development to achieve an
‘Excellent’ BREEAM rating and new dwellings to meet the water efficiency
standard of 110 litres per person per day.

Suggested policy approach

27.5 We believe that the content of Local Plan (Part One) policy ENV 6 remains relevant and up to date with national policy and that it should be retained. However, we propose separating the sustainable construction elements of the policy to better support the government’s targets and local climate emergency ambitions, as set out below.

27.6 The ‘High quality design’ policy would include a reference to the borough-wide Design Code that is being prepared, update the national design standards referred to in the policy description and incorporate criteria for reducing crime from Local Plan (Part Two) policy DM 3, which would be deleted. It would also include policy for the Area of Special Advertisement Control, currently included in Local Plan (Part Two) policy DM 17, which would be deleted.

27.7 The ‘Sustainable construction’ and ‘Adaptation’ policies would include criteria for mitigating and adapting to climate change, incorporating relevant elements from Local Plan (Part Two) policy DM 4, which would be deleted.

DS 1

High quality design

The new Local Plan will promote sustainable, high quality design and construction. Development should, where appropriate:

  • Respect local character and achieve a sense of place through appropriate layout and design
  • Provide high quality public realm
  • Be sympathetic to heritage, environmental and landscape assets
  • Ensure ease of movement and legibility, with priority for pedestrians and cyclists
  • Promote safe, secure environments and access routes
  • Reduce opportunities for crime and disorder and the fear of crime
  • Make the best use of high quality materials
  • Provide for the sustainable management of waste
  • Promote diversity and a mix of uses
  • Meet applicable nationally described standards for design and construction and any locally prepared Design Guides or Design Codes including those prepared by neighbourhood planning groups

Relevant and appropriate design standards and guidance should be used to help guide development across the borough including:

  • National Design Guide
  • National Model Design Code
  • Manual for Streets
  • Nationally Described Space Standards

The Area of Special Control of Advertisements, as shown on the policies map, places additional restrictions on applications for advertisement consent with the designated area.

    Question DS 1

    Do you agree with the suggested policy approach towards high quality design, as set out in DS 1 ‘High quality design’ above? If not please suggest how it could be amended?

    Question DS 2

    If the Council produces a borough-wide Design Code, should this form part of the new Local Plan?

    Question DS 3

    What should the Council's approach be to the designated Area of Special Control of Advertisements? 

    DS 2

    Sustainable construction

    The policy approach aims to encourage high sustainability standards in buildings and promote the application of the energy hierarchy with the aim of achieving carbon net zero in new residential and commercial developments. Development should be resilient to, and adapt to the future impacts of climate change through the inclusion of a range of appropriate measures. The reuse of buildings are expected to improve overall energy performance.

    Energy hierarchy

    The National Design Guide 2019 identifies the need for new developments to follow the energy hierarchy to:

    1. Reduce the need for energy through passive measures, including form, orientation and fabric
    2. Use energy efficient mechanical and electrical systems, including heat pumps, heat recovery and LED lights; and
    3. Maximise renewable energy especially through decentralised sources, including on-site generation and community-led initiatives

    New development

    All new build developments will be required to demonstrate how they meet the requirements of the energy hierarchy by considering each of the following in turn:

    1. Energy efficiency - The policy would seek more energy efficient buildings by setting a % target improvement of a building’s Target Emission Rate (of CO2 emissions per sqm floorspace) in the Building Regulations Part L, and/or set a target for the Fabric Energy Efficiency of the building. An alternative approach could be to set an Energy Use Intensity (a measure of how much energy a building uses per sqm floorspace) target and/or a target for space heat demand (i.e. how much heat energy is needed to keep a building at a desired temperature) for the building.
    2. Efficient, fossil-free and renewable energy supply - The policy would set a target and require on-site renewable energy generation as part of new development. Where appropriate, development proposals should be designed and incorporate measures to enable connections to a district heat network to be made now or in the future
    3. Carbon/energy offsetting - As a last resort, the policy could allow for a financial contribution to offset any remaining residual carbon or energy.
    4. Embodied Carbon - This is carbon that was emitted during the production, transport and assembly of a building, infrastructure, vehicle or other product, before the product is in use. The policy could require carbon reporting and/or set a target that new buildings must meet.
    5. Water efficiency - New dwellings will be required to meet the optional higher National Housing Standard for water consumption of 110 litres per person per day. All non-residential development must achieve at least the BREEAM excellent standard for the ‘Wat 01’ water category.

    Alternative compliance

    As an alternative to the sustainable construction requirements (1-5) set out above, positive weight will be given to development proposals that:

    • For residential development, will be certified PassivHaus standard 
    • For non-residential development, achieve a BREEAM rating of ‘Excellent’

    In these cases, a full sustainable design statement/ evidence demonstrating compliance with policy requirements (1-5), will not be required and it will be sufficient to submit the technical information required to demonstrate that the relevant standard can be achieved.

    Question DS 4

    Do you agree with the suggested policy approach towards sustainable construction, as set out in DS 2 ‘Sustainable construction’ above? If not please suggest how it could be amended?

    Question DS 5

    Do you think that the new Local Plan should adopt the National Design Guide energy hierarchy – or is there an alternative? 

    Question DS 6

    Do you think that the new Local Plan should set a higher local standard beyond the building regulations requirements to achieve net zero carbon in all new developments?

    Question DS 7

    Do you have any comments on the suggested policy requirements: 1. Energy efficiency; 2. Efficient, fossil-free and renewable energy supply; 3. Carbon/ energy offsetting; 4. Embodied carbon; or 5. Water efficiency - the type and size of development they should apply to, or the targets that should be met?

    Question DS 8

    Do you think that the new Local Plan policy should offer an alternative route to compliance if the development achieves a recognisable industry standard/ certification?

    Question DS 9

    Do you have any comments on the type and size of development that the alternative compliance should apply to, or any alternative suggestions for the level and type of certification that could be required, for example, BREEAM Carbon Standard, RIBA 2030 Climate Challenge, or UK Net Zero Carbon Buildings Standard?

    DS 3

    Climate adaptation

    The policy approach will expect developments to include site and building-level measures to be resilient to future climate change impacts and provide for the comfort, health, and wellbeing of current and future occupiers and the surrounding environment over the lifetime of the development. These measures should be integral to the layout and design of new development and should take the vulnerability of the building occupants into account.

    Site-level adaptations

    Development should be designed, through its layout, form and massing and through the use of green/blue infrastructure, to:

    • Minimise the overheating of buildings;
    • Provide comfortable external spaces in hot weather; and
    • Conserve water supplies and minimise the risk and impact of flooding.

    The use of green/blue infrastructure should provide multifunctional benefits in relation to climate change adaptation. Where appropriate to its context, this should include the use of living roofs with a sufficient substrate depth to maximise cooling benefits. 

    Building-level adaptations

    Building designs and building-integrated measures should: 

    • Mitigate the risk of overheating, ensuring that cooling needs are met sustainably 
    • Conserve water supplies; and
    • Avoid responses to climate impacts which lead to increases in energy use and carbon dioxide emissions.

    Adaptation strategy

    Proposals for development should demonstrate through an adaptation strategy how these issues will be addressed. This should include technical modelling and assessment of the risk of overheating in current and future climate change scenarios.

    In considering the likely impact of climate change over the lifetime of the development (particularly in relation to overheating), reference should be made to the most recent climate change projections.

    Question DS 10

    Do you agree with the suggested policy approach towards climate adaptation, as set out in DS 3 ‘Climate adaptation’above? If not please suggest how it could be amended?