A former delagte on one of our courses has alerted us to a recent development in Chelmsford Borough Council. The local authority requires that Code for Sustainable Homes Level 3 is achieved as a planning condition for new buildings. The developer appealed against this condition but following consideration by the Planning Inspectorate the condition was held as "reasonable and necessary". The appeal reference is APP/W1525/A/09/2096523 and can be looked up on the planning inspectorate web page. However, the relevant text is:
Reasons
7. Since the first planning permission was granted, there has been growing concern over the implications of global warming and climate change; this is clearly demonstrated by the 2007 supplement to PPS1. Consequently, in order to secure sustainable development, the aforementioned Policies within the CSDCP guided the Council’s determination of the appeal application and the attached conditions.
8. Paragraph 38(6) of the Planning and Compulsory Purchase Act 2004 states that regard must be had to the development plan unless material considerations indicate otherwise. Also, if development is not commenced within the time limit allowed, then paragraph 31 of Circular 08/2005 – Guidance on changes to the development control system – states that fresh applications should be judged against current planning considerations.
9. I am mindful of the appellant’s objections to the imposition of the disputed condition; the resultant financial implications, and also the fact that the Code for Sustainable Homes was introduced in April 2008 as a voluntary environmental performance assessment of new homes. Nevertheless, in the light of the above circumstances and the requirements of the development plan, I conclude that the disputed condition is both necessary and reasonable. As such it accords with the main thrust and/or relevant criteria of CSDCP Policies CP11 and DC24, and guidance within both the SPD and the supplement to PPS1.
10. I have given careful considerations to all other matters raised, but nothing persuades me from this conclusion.