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PLANNING: DEVELOPMENT MANAGEMENT PROCESS
Pre-Application Discussion
55 Early discussions with the applicant to highlight the requirements of the policy target and it's implications will provide greater clarity for all parties on the issues raised by the particular application, e.g. possible technologies and potential constraints.
Outline Planning Applications
56 The developer may provide a statement of the intended LZC equipment to meet the target percentage reduction policy, rather than finalise the details of the actual building(s). The statement should include information on:
- the types of equipment,
- the scale of the equipment in relation to proposed buildings,
- where the equipment is to be located on-site,
- the issues the equipment is likely to raise (e.g. visual or archaeological).
57 A condition should then be attached to the consent, which would reserve the details of the measures to achieve CO 2 emission targets for later agreement between the applicant and the planning authority. The condition would require the submission of details to the planning authority of the LZC equipment to be incorporated; the predicted carbon emission calculations; and that the completed development accords with these details. Sufficient detail should be submitted with the planning drawings to avoid the need for later variation.
Detailed Planning Applications
58 Once the applicant completes the design of the development they should submit the energy calculations, as per figure 3, with the application to the planning authority. Whilst this requires the building(s) to be designed in detail at the application stage, it increases certainty for the developer as it reduces the need for later work.
Conditions
59 Any condition should comply with Circular 4/1998, which requires conditions to be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects. The standard which is to be achieved must be known at the time the condition is imposed, and either stated, or a reference to its source in Council guidance provided. The condition cannot create a moving target. Changes in policy cannot be applied retrospectively.
Model Conditions
60 Detailed: The development hereby permitted shall not be brought into use until the zero and low carbon equipment shown on the approved plans is installed.
Reason: To ensure this development complies with the on-site carbon emissions target of [ the Local Plan/Supplementary Planning Guidance/ SPP6 ].
61 Outline: Before development commences details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, shall be submitted to and approved by the planning authority, and the completed development shall accord with those details.
Reason: To ensure this development complies with the on-site carbon emissions targets of [ the Local Plan/Supplementary Planning Guidance/ SPP6 ].
Deemed Compliance with the Policy Target
62 Under the building regulations an approach has been developed allowing a form of 'elemental compliance' with the standards for individual dwellings where a particular package of measures is used. Planning authorities are advised not to follow such an approach, which would lead to deemed compliance with the policy target. Whilst this may be technically possible for dwellings, it would be necessary to undertake extensive work which would be limited in its relevance. For non-domestic buildings the variety is so wide that each development would need to be considered separately.
Working with Building Standards Verifiers
63 Planning authorities may wish to reach agreement with their respective building standards verifiers on the way in which applications are processed, including if and when building standards colleagues are consulted. Where detailed information is given at the application stage, the building standards verifier could be a consultee in the consideration process. It should always be borne in mind that the verifier is duty bound to grant a building warrant application that demonstrates compliance with Scottish Building Regulations. In all cases it is the responsibility of the applicant to ensure that the emissions requirements of both the building regulations and the planning policy are satisfied.
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