1. EXPLORING THE POLICY AND GUIDANCE THAT AFFECTS ENERGY RETROFIT PROJECTS Kayla Friedman AIA AFHEA ksf26@cam.ac.uk

2. Contents Overview of policy and guidance structure Where does energy fit? Planning and control of the built environment Making an application Are policy and guidance rational? 16 Oct 2014 2 Greenbridge Presentation : Kayla Friedman

3. OVERVIEW The structure of policy and guidance 16 Oct 2014 3 Greenbridge Presentation : Kayla Friedman

4. Some relevant policies and guidance National Planning Policy Framework (NPPF) Building Regulations (Part L – Conservation of Fuel and Power) Permitted Development Rights National Policy City policy (London Plan, etc.) Regional Policy Local Development Framework Supplementary Planning Documents Local Policy (Council) Planning Portal Energy Saving Trust English Heritage Guidance 16 Oct 2014Greenbridge Presentation : Kayla Friedman 4

5. Changing scales of planning 16 Oct 2014Greenbridge Presentation : Kayla Friedman 5 Allmendinger, P., & Haughton, G. (2010). Spatial planning, devolution, and new planning spaces. Environment and planning. C, Government & policy, 28(5), 803.

6. Some guidance documents 16 Oct 2014Greenbridge Presentation : Kayla Friedman 6

7. ENERGY Where does it fit? 16 Oct 2014 7 Greenbridge Presentation : Kayla Friedman

8. National priority for energy retrofit UK 80% emission reduction target Energy demand reduction in existing buildings Part L Building Regulations Green Deal Energy Performance Certificates Display Energy Certificates 16 Oct 2014Greenbridge Presentation : Kayla Friedman 8

9. Local priority? Focus on new construction. Reduction of energy use in Council’s own buildings. Energy saving advice can be diverse. Financial assistance for: Feed-in Tariff Renewable Heat Incentive Green Deal Some minor improvements 16 Oct 2014Greenbridge Presentation : Kayla Friedman 9

10. PLANNING Control of the development of the built enviornment 16 Oct 2014 10 Greenbridge Presentation : Kayla Friedman

11. Origins of built environment control 1800s: Public health reform Better, but ugly. 1900s: Town planning Provide a domestic condition: physical health, morals, character, whole social character improvement. Necessity for interfering with market forces and private property rights in the interest of well- being. 16 Oct 2014Greenbridge Presentation : Kayla Friedman 11

12. Planning controls and interests Community Development Land Use & Code Enforcement Transportation Planning Environmental/Natural Resources Planning Economic Development Urban Design Planning Management/Finance Housing Parks & Recreation Historic Preservation Community Activism/ Empowerment 16 Oct 2014Greenbridge Presentation : Kayla Friedman 12

13. Planning and retrofit Permitted Development Rights Determined by the original act amended by 19 subsequent amendments. Many retrofit projects do not require planning permission. Mostly applys to houses- flats and maisonettes have stricter controls. Restricted in conservation areas and can be removed through the use of Article 4 Directions. 16 Oct 2014Greenbridge Presentation : Kayla Friedman 13

14. Conservation and retrofit Where the majority of conflict occurs between energy efficiency improvements and retrofit. Listed buildings, conservation areas, buildings that affect the setting, locally listed buildings. May be a high proportion of existing buildings, particularly in urban areas. Wandsworth Haringey 16 Oct 2014Greenbridge Presentation : Kayla Friedman 14

15. Significance of historic environment Some parts are important to society as a whole or to a group within it and merit some level of protection or consideration. Elements of the historic environment that we value for more than their money’s worth. It has therefore long been accepted that we have a responsibility to look after them. Justifies a protection system and the consequent interference with the private rights of property owner. ‘Planning should always seek to secure high quality design and should conserve heritage assets in a manner appropriate to their significance so that they can be enjoyed for their contribution to the quality of life of this and future generations’ (Paragraph 19) NPPF The sum of the values of a particular heritage asset is called its significance. Significance = Conservation principles: Evidential value Historical value Aesthetic value Communal value English Heritage 16 Oct 2014Greenbridge Presentation : Kayla Friedman 15

16. MAKING AN APPLICATION So you want to retrofit your building... 16 Oct 2014Greenbridge Presentation : Kayla Friedman 16

17. Making an application Do you need permission? Building Control ‘Building work’ as defined in regulation 3 of Building Regulations. Some properties may be exempt (conservation). Planning Planning portal Interactive house Local Council Planning advice (may require a fee) Pre application advice Planning Meet with a planning officer for a pre- application advice (may incur a fee). Verify list of local and national requirements. Help understand how policies and other requirements will affect your proposal. Not binding. May change with officer or policy. Choose the correct application Householder planning consent Full planning consent Outline planning consent Planning permission for relevant demolition in a conservation area Listed building consent Lawful development certificate Removal/variation of conditions Approval of conditions Consent under tree preservation orders Notification of proposed works to trees in conservation areas Submit your application Online via the planning portal or directly to your local authority. Mandatory documents National Local Design and access statement Supporting documents Fee Application processing Application is validated by the local planning authority. Local authority publicises and consults on application. Application considered by planning officers and planning committee. Application decided: Permission refused. Appeal Submit new application. Permission granted with conditions. Start work within time limits. Permission granted. Start work within time limits. 16 Oct 2014Greenbridge Presentation : Kayla Friedman 17

18. Responsibilities ‘With all building work, the owner of the property (or land) in question is ultimately responsible for complying with the relevant planning rules and building regulations (regardless of the need to apply for planning permission and/or building regulations approval or not).’ ‘Failure to comply with the relevant rules will result in the owner being liable for any remedial action (which could go as far as demolition and/or restoration).’ Refer to national policies and guidance? Refer to local policies and guidance? 16 Oct 2014Greenbridge Presentation : Kayla Friedman 18

19. ARE POLICY AND GUIDANCE RATIONAL? 16 Oct 2014Greenbridge Presentation : Kayla Friedman 19

20. Complexity and multiple perspectives Policy has developed ad hoc. Overlapping policy regimes Different government departments and non-departmental bodies Guidance is diverse and can be overwhelming. Guidance may be produced with bias. Different sources may be promoted by different levels of governance. Guidance from individuals (planning officers) may also vary within the same planning authority. While each individual component may be rational, together, they are not. 16 Oct 2014Greenbridge Presentation : Kayla Friedman 20

21. Possible improvements Interdisciplinary policy and guidance development. How do energy matters fit within planning? Approved external guidance. Better knowledge sharing between Councils. 16 Oct 2014Greenbridge Presentation : Kayla Friedman 21

22. THANK YOU 16 Oct 2014Greenbridge Presentation : Kayla Friedman 22