DRAFT ENERGY SPD - REPRESENTATIONS WITH RESPONSES AND ASSOCIATED ACTION London Borough of Hammersmith & Fulham Local Development Framework

Transcription

1 DRAFT ENERGY SPD - REPRESENTATIONS WITH S AND ASSOCIATED London Borough of Hammersmith & Fulham Local Development Framework Energy Supplementary Planning Document: Statement prepared in accordance with Regulation 18(4)(b) of the Town and Country Planning (Local Development) (England) Regulations 2004 In accordance with the Town and Country Planning (Local Development) (England) Regulations 2004, this schedule includes: (i) (ii) a summary of the main issues raised in representations on the council s draft Energy SPD, and how these main issues have been addressed in the SPD which the council intends to adopt. The draft Energy SPD was subject to public consultation from 28 October until 9 December This schedule identifies the individuals and organisations that commented on the document. It includes summaries of the representations that were made, together with the council s responses to these representations and details of any amendments to the SPD that were considered necessary. The responses to the representations, together with the amendments to the document, were agreed by the Leaders Committee on 21 March 2006 when the SPD was adopted. The Energy SPD looks at how the council will expect energy conservation issues to be dealt with in planning applications. It attracted a variety of comments, but none of these questioned the validity of the document. The Energy Saving Trust raised mainly technical points, whilst developers were concerned that some of the guidance in the document was unduly onerous and that a level of flexibility is required to take account of site specific details and urban form. As a consequence of the representations, a number of changes have been made that clarify the text, for example to introduce an element of flexibility or to refer to additional guidance. However it has not been considered necessary to agree to all of the changes requested in the representations. Full copies of the representations are available at the Environment Department, Hammersmith Town Hall, King Street, Hammersmith, W6 9JU. Energy SPD - Representations with Responses and Action Page 1 of 21

2 The Energy Saving Trust Ref. No: 1 Representation Ref No 001.E001 Subject Local Guidance Section Section 3 Page 14: The guidance states that "if energy efficiency principles are incorporated at the design stage, this does not significantly increase building costs". "Where is the evidence to support this? There needs to be an approximation of this additional cost to install energy saving measures stated within this text. For example: "this does not significantly increase building costs i.e. approx 1% addition to overall costs". Information relating to where this approximation originated from and example cases also needs to be stated". Agree that the claim about the costs of incorporating energy efficiency principles into building design should be supported with a proper reference. This information was taken from a Building Research Establishment report. Reference the BRE document that was used as the source for this statement: "Putting a price on Sustainability", (Page 14). Add text: "Even the integration of small scale renewable energy technology will frequently only add 1% to the relative costs of a development". (Page 15, para. 3.5). Include footnote referencing the source document: "GLA, Integrating renewable energy into new developments: Toolkit for planners, developers and consultants, 2004". (Page 15). Representation Ref No 001.E002 Subject Local Guidance Section Section 3 Page 15: "Wherever possible the standards of the Building Regulations should be exceeded". "The term "wherever possible" needs to be defined in terms of what the planners will accept as evidence for feasibility/ economies". Agree that it would be helpful to clarify further where we would expect developers to go beyond the Building Regulation requirements. Add text: "Therefore consideration should be given to exceeding the Building Regulations standards where possible to give greater energy efficiency gains as including such measures at the design stage is unlikely to increase building costs significantly". (Page 14, para. 3.3). Representation Ref No 001.E003 Type Support Page 19 (text); Page 20 (summary box): "The use of double or triple glazing should also be considered to reduce heat loss from windows". "The installation of thermal elements or controlled fittings such as glazing, should comply with the standards set out within the Building Regulations 2006". Agreed. Add text: "...(in compliance with the standards set out in the Building Regulations 2006) " to this section. (Page 20, para. 4.23). Energy SPD - Representations with Responses and Action Page 2 of 21

3 Representation Ref No 001.E004 Page 21: "Where gas boilers are installed as part of a development, then efficient condensing boilers with good heating and power controls should be specified". "However, where condensing boilers cannot be installed, high efficiency combination boilers should be incorporated instead. This process is outlined in the ODPM s Guide to the Condensing Boiler Installation Assessment Procedure for Dwellings, which details the special circumstances under which it is permissible to install a non-condensing boiler". Agreed. Add text: "If they cannot be installed, high efficiency combination boilers should be incorporated instead in line with ODPM guidance". (Page 22, para. 4.33). Include footnote referencing the ODPM report "Guide to the Condensing Boiler Installation Assessment Procedure for Dwellings", (Page 22). Add new bulletpoint to the summary checklist "- Install an efficient condensing or combination gas boiler". (Page 23, summary checklist box). Representation Ref No 001.E005 Type Support Page 21: Text relating to water saving technologies. "Also consider other water saving technologies including low flush toilets". The policies we are supporting in the UDP relate to energy, not water saving. However, this point is considered to be worth mentioning as it would save energy used for pumping water around the system. Add text: "Low flush toilets can also help cut energy use by reducing the amount of energy used to pump water around the system". (Page 23, para. 4.34). Representation Ref No 001.E006 Page 21(text and summary box): Text relating to energy efficient lighting. "The use of dedicated energy efficient light fittings so that conventional bulbs cannot replace compact fluorescents. Legislation within part L1A and L1B (domestic) of the Building Regulations 2006 states that it would be reasonable to install fixed energy efficient light fittings in the most frequented locations in the dwellings to a number not less than one per 25 metres squared area (excluding garages) and one per 4 fixed light fittings". Agree that this is worth including reference to the Building Regs requirements in the section on lighting. Add text: "The installation of high efficiency lighting such as dedicated energy efficient light fittings that cannot be replaced with conventional bulbs (see parts L1A and L1B of the Building Regulations 2006) can help reduce energy use and save money". (Page 23, para. 4.35). Amend bulletpoint to the summary checklist to read "- Install dedicated energy efficient light fittings and external lighting with controls". (Page 23, summary checklist box). Representation Ref No 001.E007 Page 21: Text relating to external lighting. "Legislation within Part L1A and L1B (domestic) of the Building Regulations 2006 suggests EITHER that external lighting should not exceed 150 watts per light fitting and the lighting should automatically switch off when there is enough daylight and when it is not required at night OR the light fittings only have sockets that can be used by lamps having an efficacy greater than 40 lumens per circuit watt". As above. Agree that this is worth including reference to the Building Regs requirements in the section on lighting. Amend text to read: "Good design can also minimise energy use by ensuring that there is zero loss of light to the sky, so that light is directed to where it is needed and that lights automatically switch off when there is enough daylight. The new Building Regulations 2006 parts L1A and L1B also includes specific guidance on external lighting". (Page 23, para. 4.36). Energy SPD - Representations with Responses and Action Page 3 of 21

4 Representation Ref No 001.E008 Type Support Pages and 28-29: Text relating to funding. "Both the Solar Grants and Clear Skies initiatives are due to run until March 2006 with Solar Grants funding expected to be paid up to March As the existing initiatives draw to a close, the Government is developing another funding initiative to support the development of future renewable technology programmes, through the DTI s proposals for a technology neutral low carbon buildings programme". Agreed. The 2 schemes referred to are now due to come to an end by April 2006 and will be replaced by the "Low Carbon Building Programme". Delete details of Clear Skies and PV grants and add the following text: The Government has recently announced a 30 million funding scheme known as the Low Carbon Building Programme (LCBP) which will run initially over three years, helping to fund the installation of a range of renewable energy technologies. The LCBP initiative was introduced in April 2006 and has taken over from the previous grants schemes, (the Clear Skies and PV Grants programmes), which came to an end in March. The new funding scheme will continue to help fund the installation of microgeneration technologies in household, community and large-scale projects. Potential community beneficiaries will include schools and leisure centres. Other projects could include housing estates or business parks. Further information is available from the Department of Trade and Industry: (Pages 31-32). Representation Ref No 001.E009 Pages 22-25: Text relating to the detrimental visual impact of renewable technologies. "Define what is a detrimental visual impact. Is this to be a different definition within non-conservation areas and conservation areas"? Valid query, but the SPD document itself is probably not the correct place to provide this detail. The UDP provides information on the design of new developments and how they need to be compatible with the scale and character of the existing surroundings etc. Add text: "Frequent references are made in this section to sites being suitable for renewable energy technologies so long as they do not cause any detrimental impacts. The UDP provides further details on the design of new developments and how they need to be compatible with the scale and character of the existing surroundings etc. The UDP also includes full details of the borough s requirements in terms of developments in conservation areas. A useful reference document in this respect is English Heritage s Building Regulations and Historic Buildings: Balancing the needs for energy conservation with those of building conservation (2002)". (Page 24, para. 4.42). Representation Ref No 001.E010 Page 22: Explanation of solar water heating system. "This text does not mention that when utilising solar thermal heating technology, a boiler that can take pre-heated water needs to be used". Agreed. Add text: "However, it should be borne in mind that to utilise a solar water heating system properly, it needs to be used in conjunction with a boiler that can take the pre-heated water". (Page 24, para. 4.43). Energy SPD - Representations with Responses and Action Page 4 of 21

5 Representation Ref No 001.E011 Page 23: "A site may be suitable for photovoltaics if there is: an east to west (through south) facing roof". "What exactly is an east to west (through south) facing roof? Could this be explained more, maybe with the use of a diagram? This would make the document useful to individuals as well as developers as intended". Possibly this description makes it sound more complicated than necessary. Amend text to read: "- A south facing roof". (Page 25, summary checklist box). Representation Ref No 001.E012 Type Support Page 24: "Although most existing CHP schemes use (non-renewable) gas as a fuel, the use of renewables such as biofuels (e.g. tree plant waste) is recommended as this will reduce emissions of greenhouse gases". "What is the availability of biofuels within the London Borough of Hammersmith & Fulham? If sourced from outside the borough, transport emissions may be significant and costs will increase". Availability of biofuels in the borough is not known. If such a CHP unit is installed, the fuel may need to be transported to site, and this could result in emissions and additional costs. Amend the text to read: "Although most existing CHP schemes use (nonrenewable) gas as a fuel, the use of renewables such as biofuels (e.g. tree/plant waste) should be explored to establish if a viable biofuel supply can be sourced (preferably transported to site via rail or waterway to help cut associated transport emissions)". (Page 27, para. 4.58). Representation Ref No 001.E013 Page 25: "A CHP system (biofuelled) costs 2,720 per kilowatt and depending on the size, can provide 50% of a developments heating and hot water requirements". "Why could it not provide 100% of the development's heating and hot water requirements"? This information was taken from the GLA's renewable energy toolkit. For a range of development types, the toolkit regards biofuelled CHP as only likely to be able to provide 50% of heating/hot water requirements. No change. Thames Water Property Services Ref. No: 2 Representation Ref No 002.E001 General comment Type Unclear General Comment: Thames Water is the statutory water and wastewater service provider for LBHF and under the Water Industry Act, Thames Water has a duty to ensure that: (1) its area is effectively drained and to effectively deal with the contents of its sewers and (2) to develop and maintain an efficient and economical system of water supply within its area. That duty is mindful of available resources and requires the assistance of local planning authorities in ensuring that those resources are not overwhelmed in complying with those duties. Thames Water is required to plan for any future growth and as a consequence of the stringent consents that are placed on Thames by the Environment Agency; we may not be able to meet these demands. In this circumstance we may have to invest in energy requiring technologies. Noted. No amendments necessary. Energy SPD - Representations with Responses and Action Page 5 of 21

6 Hammersmith & Fulham Liberal Democrats Ref. No: 3 Representation Ref No 003.E001 General comment Representation Ref No 003.E002 Subject Local Guidance Section Section 3 Comment: Throughout the document there is no mention of the importance of metering utility usage. Residents and businesses cannot save energy if they do not know how much of it they use. Targets for energy reduction cannot be set nor can it be determined if proposed reductions in energy usage have been achieved. Sustainable development recognises that ongoing maintenance and monitoring is necessary to ensure buildings are operated efficiently throughout their useful lives. This is particularly true with large developments. Section 3 Local Guidance (Page 14): The paragraph on thermal insulation: the Building Regulations (part L) though requiring increasing amounts of insulation are still behind international best practice. Technological innovation also happens much faster that the Regulations are updated. Commercial buildings are expected to last 25 years and homes much longer before needing a refit. Poor insulation will therefore impact on energy efficiency for many years. Agreed that metering of energy use and making this easily visible would be a useful addition. Add text: "Consideration should also be given to including energy metering and monitoring systems in developments as a method of encouraging occupants to conserve energy". (Page 23, para. 4.37). Valid point in terms of the Building Regs. Reference to going beyond the Regs is made at various points in the document already. Would expect the Government to already be taking account of best practice in drafting the updated Building Regulations. Amend the text to read: "However, technological innovation and improvements to insulation are likely to occur faster than the Regulations can be updated. Therefore, consideration should be given to exceeding the Building Regulations standards where possible to give greater energy efficiency gains as including such measures at the design stage is unlikely to increase building costs significantly". (Page 14, para. 3.3). Representation Ref No 003.E003 Subject Sustainability Impacts of the SPD Section Section 6 Section 6 Appraisal of SPD, economic objectives (Page 15): Under vibrant local economy is the desire to "make land and property available for business development". We do not believe this is in keeping with sustainable principles. The borough only has a 3% unemployment rate and currently has a diverse business base. Elsewhere in the SPDs are statements regarding the lack of land for much needed housing. The requirements of a "sustainable local economy" need to be recognised so as to match the needs of the borough. This objective is not specific to the Energy SPD, but is a standard objective identified for all of the SPD documents being consulted on and based on those used for the UDP and London Plan. This particular objective also refers to "encouraging indigenous growth and inward investment that is environmentally, socially and economically sustainable". Where land is made available for business development, it will have to be developed in such a sustainable manner. No change. Energy SPD - Representations with Responses and Action Page 6 of 21

7 House Builders Federation Ref. No: 4 Representation Ref No 004.E001 Subject Other (please specify) Purpose of t The requirement for an Energy Assessment for all major developments is not in the UDP and sets new criteria for use in development control decisions. Paragraph 2.44 of PPS 12 is clear on the role of SPD - "However, policies which should be included in a development plan document and subjected to proper independent scrutiny in accordance with the statutory procedures should not be set out in supplementary planning documents". The SPD is attempting to introduce new policy and this should be implemented through the DPD process. A formal requirement for an Energy Assessment is not stated in the SPD. The actual wording is " developers are requested to submit an Energy Assessment to the council " In the London Plan, local authorities are directed to request energy assessments for major developments. Therefore the SPD is not introducing a new policy as suggested. No proposed amendments to text. Representation Ref No 004.E002 Subject BREEAM and Eco Homes Section Section 5 It is unclear why this section is in the SPD. The UDP carries no reference to a requirement to fulfil EcoHomes standards and, in their wording, the council has been very careful not to assert this as a new policy requirement. This is information that is widely available elsewhere. In order to avoid unnecessary confusion, this should be deleted. Whilst there is no formal UDP requirement to meet the EcoHomes/BREEAM standards, they do offer a useful guide to developers to judge the environmental performance of their developments. Referring to these schemes is therefore relevant in a guidance document on energy efficiency and renewable energy, and it is only presented in summary format over 2 pages and not in great detail. However, it could be made clearer that developers are not required to meet the high EcoHomes/BREEAM standards and that this section is presented for information only. Add text: "Developers are not required to submit a BREEAM assessment or to build their development to a particular BREEAM standard. However, it may be useful to consider the advice within BREEAM to help achieve an energy efficient, low carbon development". (Page 29, para. 5.2). Energy SPD - Representations with Responses and Action Page 7 of 21

8 St George Central London Ltd Ref. No: 6 Representation Ref No 006.E001 Subject Regional Guidance Section Section 2 Page 11 - Policy 4A.8: Energy Assessment - Comment: The council should recognise that this objective needs to be applied flexibly, taking into account not just site location and characteristics but the individual site costs, the availability of any public subsidy and other scheme requirements. With regard to other scheme requirements this includes s106 obligations. This point is re-iterated in Circular 05/05 (paragraph B10) which states that it may not be feasible for the proposed development to meet all the requirements set out in local, regional and national planning policies and still be economically viable. This section of the SPD should therefore be amended to allow applicants the opportunity to justify through submitted application material their renewable energy proposals in relation to the specifics of a development proposal. Agent: Barton Willmore Planning Partnership This is formally adopted GLA policy in the London Plan and local authorities are directed to request energy assessments for major developments. The GLA do not appear to encourage the various flexibilities referred to in this representation, so including reference to these is not considered appropriate in this section. However, these points will be expanded on in the supplementary guidance section. Amend text to read: "Developers of major developments within the borough are strongly advised to assess the feasibility of integrating renewable energy generation as part of their Energy Assessment and to show the contribution that renewable energy technologies can make in meeting the energy requirements of their proposal". If the Energy Assessment concludes that the integration of renewable energy use is not feasible, this should be justified robustly with appropriate supporting information". (Page 23, para. 4.39). Representation Ref No 006.E002 Subject Regional Guidance Section Section 2 Page 11 - Policy 4A.9:Providing for Renewable Energy - Comment: We consider the requirement for schemes not incorporating photovoltaics to be able to support them later to be particularly onerous. There will be numerous occasions when site characteristics mean that photovoltaics will not be feasible at all. In those circumstances a scheme would likely to provide an alternative form of renewable energy technology in order to meet the council s and mayor s energy policies. As stated [in the SPD] "the Mayor will encourage use of the range of renewable technologies" and applicants are likely to propose renewable technologies from the list available that will be suitable to the characteristics of the development site. We therefore consider this requirement to be completely unnecessary and that a scheme s ability to provide photovoltaics should be considered on a site by site basis. As for the previous representation from this organisation, this is a direct comment on GLA policy within the London Plan and is therefore not subject to this consultation. As such, the suggested wording cannot be adopted in this section of the SPD. However, it is already in another part of the document. No amendment possible where suggested and proposed wording is already in the section on solar power. Energy SPD - Representations with Responses and Action Page 8 of 21

9 Representation Ref No 006.E003 Subject Regional Guidance Section Section 2 Representation Ref No 006.E004 Page 12 - The Integrating Renewable Energy Toolkit - Comment: A major development proposal will be subject to a phased approach to implementation over many years and will normally involve an Outline Masterplan Application and various reserved matters applications. If renewable energy is required, it is not always possible to determine the exact mix of technologies necessary at the Outline stage. The final energy proposals for any major development will be reviewed regularly throughout the design and construction of each phase, responding to commercial considerations. Any scheme that is at Outline Planning stage can provide an initial assessment of renewable energy technologies, but this will be refined as the detailed plans are developed. Therefore it should be recognised that the energy position can only advance in this context. Pages Comment: Currently there is no incentive to seriously consider energy efficiency measures as part of a scheme as an applicant is still likely to have to provide 10% of a scheme s energy through on-site renewable technologies. A scheme s requirement to provide 10% energy through on-site renewables should be balanced against the provision of proposed energy efficiency measures. It should therefore be made clear as to whether the need to provide renewable energy technologies on site could be reduced when a scheme makes a significant contribution to energy reduction through the incorporation of these types of energy efficiency measures. Although the comments themselves are reasonable, the Renewable Energy Toolkit is GLA guidance, and as such cannot be amended as a result of this consultation process. However, the suggested text could be added to the SPD document elsewhere in the document. Add text: "However, it is recognised that for certain proposals - i.e. where outline planning applications are submitted for major schemes - it might be difficult for developers to ascertain the exact technologies that could be used until the detailed design has been completed". (Page 17, para. 4.4). The incentive is that by making a development have a low energy demand and be as energy efficient as possible, this means that the 10% proportion of energy requirements that needs to be provided by renewable energy will be less. This requirement comes from the London Plan and the Mayor s Energy Strategy and we are not in a position to say that energy efficient developments do not need to provide any renewable energy generation. The suggested text does not appear to relate directly to the comments though and could make a useful addition to the explanatory text at the beginning of this section of the SPD. No amendments in terms of the downgrading of renewable energy requirements where high level energy efficiency measures are designed into a development. Amend text to read: "Developers of major developments within the borough are requested to assess the feasibility of integrating renewable energy generation as part of their Energy Assessment and to show the contribution that renewable energy technologies can make in meeting the energy requirements of their proposal". If the Energy Assessment concludes that the integration of renewable energy use is not feasible, this should be justified robustly with appropriate supporting information". (Page 24, para. 4.39). Energy SPD - Representations with Responses and Action Page 9 of 21

10 Tesco Stores Ltd Ref. No: 14 Representation Ref No 014.E001 Representation Ref No 014.E002 It is inappropriate for developers to purchase sites based [on] the suitability for harnessing renewable energy. Sites become available on an ad hoc basis and therefore it would be more realistic for the appropriate renewable energy schemes to be applied as is suitable to the particular site. It is inappropriate to design a scheme based on maximising renewable energy usage. Renewable energy usage should be applied on a site specific basis with the appropriate type of renewable energy applied that best suits the type of scheme. This should be taken into account with other design features to ensure maximum use of the site and maintain viable schemes. Agent: Cushman Wakefield Healy Baker All sites will be suitable for energy efficient measures to be incorporated into them. Agree that major sites are unlikely to be suitable for all types of renewable energy technologies, but only 10% generation via renewables is required which should be feasible in terms of design on all but a handful of sites. No change. It is not inappropriate if there is a requirement to generate 10% energy requirement via renewable energy technologies. The previous representation makes a similar point. Refer to previous comments. No change. Representation Ref No 014.E003 Representation Ref No 014.E004 In determining the location of habitable rooms, all environmental factors must be taken into account, in particular noise. To use materials, with high thermal mass should be considered on the basis of the best available technique/material without exceeding excessive cost. The inclusion of green roofs would need to be subject to a site specific feasibility study. The implications relating to drainage, maintenance and upkeep should be a key consideration in determining this requirement. This is a relatively new idea which may, without longterm testing, pose significant cost implications i.e. the instance of rupturing of lining etc. Green roof schemes should be subject to further testing before adoption. Agree that an integrated approach needs to be taken to design. However, this is to include energy efficiency and renewable energy factors at an early stage, not for the design to be completed without giving due consideration to these issues, supplemented by an attempt to retrofit onto an existing (possibly inappropriate) design. No need to amend. Agree that green roof suitability should be assessed, but not that they need to be tested any further before we encourage their integration into developments. Green roofs are increasingly common and can be suitably integrated into a range of building types. The concerns raised could be applied to many standard aspects of a development s design and construction. Add text: "The website provides a resource for living/green roofs in the UK". (Page 21, para. 4.25). Energy SPD - Representations with Responses and Action Page 10 of 21

11 Representation Ref No 014.E005 Subject Grant Schemes Section Section 6 Householder grant initiatives are considered inconsistent with the theme of this document where renewable initiatives should be built into the design of the scheme at an early stage. Rather than an end-of-pipe grant, monies should be available at the outset to enable the scheme to be brought forward holistically. Details of the grant schemes have been included as it is recognised that new build only represent a small percentage of the total buildings in the borough at any one time. The SPD is intended to provide advice on energy efficiency and renewable energy improvements that can be considered for existing properties. Reference to this is already included in the purpose of document section. Add text: "Details of available grant schemes are included as this information may be useful for any small scale private or community renovation projects". (Page 7, last paragraph). Representation Ref No 014.E006 It is inappropriate to suggest wind turbines should be located in central London due to the visual impact, potential infrastructure implications, and it is questionable as to how much energy can be gained and how many turbines would be required. In order to generate a meaningful amount of electricity, a substantial land area could be required. The planning authority and other relevant organisations can provide advise on whether or not turbines will cause the problems suggested. Turbines do not have to be large stand alone units which seems to be what is in mind here. We are not suggesting that any development must install turbines to generate 100% of the energy demand either. The section on turbines focuses on small scale, roof mounted turbines as possibly being suitable in contributing towards a developments 10% renewable energy requirement. They can also be sited responsibly without causing visual impact problems and have already been installed in London. No changes proposed. Representation Ref No 014.E007 Combined Heat & Power (CHP) should be considered on a site specific basis due to its size, layout and cost implications. The requirement for CHP should be determined by a feasibility study. Agree. As part of the Energy Assessment we would expect that a range of renewable energy options will be assessed for their feasibility. Add text: "In particular, for renewable energy use, the assessment should show how the various technologies have been assessed for their feasibility on a particular site, highlighting which technology or combination of technologies is to be integrated to generate renewable energy". (Page 7, end of first paragraph). Representation Ref No 014.E008 The installation of ground source heat pumps on potentially contaminated sites (any brownfield site) can pose a potential risk to ground water by opening up a pathway for the migration of contaminants. Such risks pose liability for prosecution and clean-up and will give developers serious cause for concern. This concern will be checked before deciding whether or not additional information needs to be provided. In any event we would expect a proper risk assessment on these issues to be included as part of the feasibility study and the council s contaminated land officer would be able to advise on such issues. Add text: "There may be risks associated with installing a GSHP system into a potentially contaminated site. These need to be properly assessed as part of any feasibility study". (Page 28, para. 4.63). Energy SPD - Representations with Responses and Action Page 11 of 21

12 Representation Ref No 014.E009 Type Unclear As a general overview, in relation to the Energy SPD, we consider that all contributions must be in accordance with BASNEEC (think this should be BATNEEC). This will ensure that developers are not being forced to make excessive contributions for environmental benefits that would significantly increase development costs. Agree and expect feasibility studies will be carried out with this approach in mind. No need to make any amendments. Representation Ref No 014.E010 Brook Green Association Ref. No: 15 Representation Ref No 015.E001 Type Support As a general comment, in our view all of the SPDs are repetitive and gratuitously detailed. Much of this detail has already been set out in existing planning policy and is therefore simply re-enforcing or re-iterating existing policy. If the documents were less repetitive, this would contribute more positively to achieving a simpler and speedier planning process, in accordance with current Government thinking. We support the aims of energy conservation the document pursues. Do not agree that this is the case for the Energy SPD. Unclear where in the Energy SPD there might be gratuitous detail or repetition. No change intended. Comment noted. No change necessary. Representation Ref No 015.E002 Should more emphasis be given to more frugal use of energy? For example, much energy is wanted (should this be wasted?) in the borough because: 1) buildings such as cinemas, offices, shops etc are often kept too hot 2) heating is left on all night when it is not required 3) lights are left on all night when they are not needed Type Unclear Some additions may be needed to deal with these areas of building services Issues raised (for new developments) are already covered in section 4. control. (What about an LBHF prize for the coolest building in town - in the winter bring your thermal underwear!) Reducing energy demand is highlighted in the document. Some of the specific examples given on buildings too hot or excessively lit are dealt with in terms of promoting the installation of proper heating and lighting controls. However, for existing buildings these issues are essentially outside the remit of the SPD. Representation Ref No 015.E003 Type Unclear One of the major prominent areas for energy saving is to discourage gasguzzlers. We recognise that this document is about buildings, but we hope the Borough will give thought to how energy efficient vehicles can be encouraged, gas-guzzlers discouraged and their owners fittingly influenced. This is largely outside the scope of these 4 documents - but not entirely. The Brook Green Association can provide ideas if requested. As acknowledged, this comment is not directly related to the Energy SPD. Measures to encourage the use of energy efficient vehicles etc are undertaken as part of the council s work on air quality improvements. No change necessary. Energy SPD - Representations with Responses and Action Page 12 of 21

13 Government Office for London Ref. No: 16 Representation Ref No 016.E001 Is there perhaps a need to be more specific on how the different kinds of insulation material referred to on Page 20 may be distinguished? A reference is made in the SPD text to insulation manufactured using HCFCs and HFCs. These can be avoided by specifying that HCFC/HFC free insulation is required or through proper scrutiny of product labels. Add text: "HCFCs and HFCs can be avoided by specifying that insulation materials should be free of these products or through proper scrutiny of the insulation product labels". (Page 22, para. 4.28). White City Opportunity Area Landowners Ref. No: 19 Agent: King Sturge Representation Ref No 019.E001 Type Support Overall, the draft SPD on Energy is a helpful document in setting out the council s requirements and providing guidance on the large number of areas that need to be thoroughly explored. However, in order to maintain the balanced approach that most of the documents provides, two areas require change. (See other representations for details). Support welcomed. No action necessary. Representation Ref No 019.E002 Page 17 Site Layout - Comment: In discussing the importance of site layout on Page 17, the first sentence requires that "best" use should be made of natural daylight and solar energy. However, there are a wide range of other development control considerations, in addition to energy, which will also need to be taken into account in coming up with the best possible scheme. The wording set out above suggests that energy should be the overriding consideration, which is clearly not right in all cases and is inconsistent with the more balanced approach taken elsewhere. Agreed, although this was not the intention. As highlighted in response to an earlier representation: An integrated approach needs to be taken to design and should include energy efficiency & Renewable energy factors at an early stage. Amend text to read: "As well as choosing good locations in terms of high levels of public transport access and access to facilities such as shops etc, the design of the site layout should also be considered with the aim of achieving an energy efficient layout". (Page 18, para. 4.11). Amend text to read: "The local landscape should also be taken into account so that good use of natural daylight and solar energy can be made across the whole development". (Page 18, para. 4.12). Energy SPD - Representations with Responses and Action Page 13 of 21

14 Representation Ref No 019.E003 Page 18 - It is stated that the installation and operation of cooling plant "is to be avoided wherever possible". In addition, the summary checklist on Page 19 states that mechanical ventilation should only be used where high noise and pollution levels are present. The wording of both needs to be amended to take a more balanced approach. For example, in order to get the most efficiently designed buildings that meet other requirements within the draft SPD, such as providing efficient floor layouts that minimise the external walls, whilst allowing for natural daylight, it may be that mechanical ventilation and/or cooling will be required. The important thing is to find an overall balance which minimizes the total amount of energy needed (and hence CO2 emissions). Agree that the current wording is a little narrow in terms of being more applicable to residential developments rather than commercial/office developments. Amend text to read: "The installation and operation of cooling plant can represent a significant energy demand and its benefits will therefore need to be weighed carefully before it is incorporated into a building design". (Page 19, para. 4.20). Add bulletpoint in the summary checklist: "- Mechanical ventilation should only be incorporated where there are clear benefits of doing so". (Page 20, summary checklist). English Heritage Ref. No: 22 Representation Ref No 022.E001 Type Support In general we support the SPD but we would encourage you to ensure that the implication of this important policy document does not adversely affect or undermine the historic, physical and social value of the historic environment. Welcome support. A representative of the council s urban design & conservation team has been involved and consulted on the drafting of the SPD. No changes necessary. Representation Ref No 022.E002 At present there appears to be no reference to historic assets such as listed buildings and conservation areas. We would therefore urge you to make reference to our publication Building Regulations and Historic Buildings: Balancing the needs for energy conservation with those of building conservation: An interim guidance note on the application of Part L (September 2002) which provides invaluable advice on this matter. In particular it highlights the unique nature of listed buildings and how greater energy efficiency can be achieved without compromising their integrity. Some reference is made to buildings of merit and conservation areas in section 4 in terms of the need to take issues such as these into account when judging the suitability or otherwise of certain energy efficiency treatments (e.g. double glazing). Add text: "Frequent references are made in this section to sites being suitable for renewable energy technologies so long as they do not cause any detrimental impacts. The UDP provides further details on the design of new developments and how they need to be compatible with the scale and character of the existing surroundings etc. The UDP also includes full details of the borough s requirements in terms of developments in conservation areas. A useful reference document in this respect is English Heritage s Building Regulations and Historic Buildings: Balancing the needs for energy conservation with those of building conservation (2002)". (Page 24, para. 4.42). Energy SPD - Representations with Responses and Action Page 14 of 21

15 Representation Ref No 022.E003 Subject Other (please specify) In the case of conservation areas, we would urge you to ensure that any future developments resulting from the guidance set out in this SPD does not compromise their special character and appearance. We would therefore urge you to make reference to any conservation area appraisals/conservation area statements/profiles within this SPD, thus ensuring awareness of the unique issues a developer would need to take into account when considering introducing energy efficient measures. All developments, including those being developed to high energy efficiency standards and incorporating renewable energy technologies will have to go through the same planning system and be assessed for compliance with a range of other UDP policies, including those relating to the existing character of the built environment. Inclusion of full conservation area appraisals/ statements/profiles may not be appropriate in such a document. SPD text will be checked to make sure these issues are highlighted in all the appropriate sections and refer to the UDP for more specific details. Developers are advised at various points within the SPD to seek advice from the council on matters relating to conservation areas etc. Add text: "Frequent references are made in this section to sites being suitable for renewable energy technologies so long as they do not cause any detrimental impacts. The UDP provides further details on the design of new developments and how they need to be compatible with the scale and character of the existing surroundings etc. The UDP also includes full details of the borough s requirements in terms of developments in conservation areas. A useful reference document in this respect is English Heritage s Building Regulations and Historic Buildings: Balancing the needs for energy conservation with those of building conservation (2002)". (Page 24, para. 4.42). Representation Ref No 022.E004 Type Unclear Conservative Group Ref. No: 23 Representation Ref No 023.E001 English Heritage would strongly advise that the council's own conservation staff are closely involved throughout the preparation and implementation of the SPD, as they are often best placed to advise on: local historic environment issues and priorities, sources of data; how policy formulation can be tailored to minimise potentially adverse impacts on the historic environment; and opportunities for securing wider benefits for the future conservation and management of historic assets. This whole document is somewhat superfluous and just restating common practice and building regulation. A representative of the council's urban design & conservation team has been involved and consulted on the drafting of the SPD. See previous comments on conservation areas/buildings of merit. See previous comments on proposed actions to take account of conservation areas. This comment is out of step with several supportive comments received suggesting that the SPD is a helpful document setting out the council's requirements and providing guidance on the large number of areas that need to be thoroughly explored in terms of energy efficiency and renewable energy issues. No amendments necessary. Energy SPD - Representations with Responses and Action Page 15 of 21

16 British Waterways London Ref. No: 27 Representation Ref No 027.E001 Type Support British Waterways agrees with the overall direction of the Energy draft SPD and welcomes the opportunity to work with LBHF in achieving these objectives in relation to the inland waterways, namely the Grand Union Canal and land holdings within the borough. Support noted. No change. Representation Ref No 027.E002 British Waterways feels that waterborne passenger and freight transport, e.g. for construction materials, waste and recyclates; the use of the canal towpath for walking and cycling; maximising the use of grey water and the use of SUDS using the canal and heating /cooling systems can help make development more sustainable, improve energy efficiency, reduce carbon emissions and conserve fresh water. Do not want to get too side-tracked in the document on transport issues and the energy/environmental impacts as these are separate issues. However, some of these suggestions would fit into the section on Materials. Add text: "Depending on the development site location it may be feasible to make use of this scheme to bring in construction materials etc". (Page 22, para. 4.29). Add bulletpoint to Materials summary checklist: "- Using rail/waterway transport to bring in construction materials (dependant on scale of development and site location)". (Page 22, summary checklist). Add text: "..the use of renewables such as biofuels (e.g. tree/plant waste) should be explored to establish if a viable biofuel supply can be sourced (preferably transported to site via rail or waterway to help cut associated transport emissions)". (Page 27, para. 4.58). Representation Ref No 027.E003 Subject Other (please specify) Foreword Page 5: British Waterways feel that the inland waterways and towpaths have an important role to play in facilitating and supporting the principles of sustainable development and contributing to London s and the UK s targets of reducing emissions of CO2 and reducing our dependency on fossil fuels. Agree, and the issue of use of the canal for transport of building materials will be taken into account. See proposed action for previous comment. Energy SPD - Representations with Responses and Action Page 16 of 21

17 Representation Ref No 027.E004 Subject Regional Guidance Section Section 2 Page 10: Under this section Policy 4C.14 of the London Plan Freight uses on the Blue Ribbon Network should be acknowledged for its recognition of the role of freight transport as a more sustainable method of transport. This section focuses on the main policies where there are direct requirements in terms of energy efficiency and renewable energy. The suggested policy is indirectly related to these issues, as are many of the London Plan s policies. Would prefer to focus on the key policies. Could add a comment highlighting how implementation of many of the London Plan s policies will have a benefit in terms of reducing CO2 emissions. Amend text to read: "contains a number of policies which will help to reduce London s CO2 emissions and in particular, policies aimed at ensuring that buildings are designed to use energy and other resources more efficiently, both during and after their construction". (Page 10, para. 2.4). Representation Ref No 027.E005 Subject Local Guidance Section Section 3 Page 14: UDP Policy EN16 - British Waterways is pleased that this policy states new development should be designed to promote and encourage energy efficient forms of transport such as walking and cycling. However, the role of the canal towpath in facilitating cycling and walking should be recognised and the resultant added pressure on towpaths should be funded through section 106 agreements. This comment relates more to the existing UDP policy rather than the contents of the SPD document. As such, amendments to the text cannot be made. No amendments possible. Representation Ref No 027.E006 Page 20: Whilst the section on 'Materials' recognises the use of local supplies and recycled materials to help reduce transport energy use, it should also be acknowledged in this section that waterborne transport of construction materials, waste and recyclates can help reduce transport energy use. Agree. This is a re-iteration of a point previously made in an earlier comment. Add text: "Depending on the development site location it may be feasible to make use of this scheme to bring in construction materials etc". (Page 22, column 4.29). Add bulletpoint to 'Materials' summary checklist: "- Using rail/waterway transport to bring in construction materials (dependant on scale of development and site location)". (Page 22, summary checklist). Add text: "..the use of renewables such as biofuels (e.g. tree/plant waste) should be explored to establish if a viable biofuel supply can be sourced (preferably transported to site via rail or waterway to help cut associated transport emissions)". (Page 27, para. 4.58). Energy SPD - Representations with Responses and Action Page 17 of 21

18 Representation Ref No 027.E007 Page 20: Installed systems and appliances - the potential role of the canal for canal water source heating pumps, SUDS and maximising the use of grey water to minimise the use of fresh water should be acknowledged in this section. Details of Ground Source Heat Pumps are currently included in the SPD and it may be more appropriate to include reference to Water Source Heat Pumps in this section. Whilst agreeing that the re-use of water will help conserve drinking water supplies, the energy use benefits of using grey water are unclear and likely to be negligible. Add text: "Water source heat pumps are also available, although these are only practical where there is an adequate supply of relatively clean water.on water source heat pumps". (Page 28, para. 4.66). Representation Ref No 027.E008 Subject Grant Schemes Section Section 6 The Freight Facility Grant should be highlighted in this section. The Freight Facility Grant is a form of public support to help retain rail and waterways freight traffic that may otherwise be lost to road. The issue of transporting building materials by rail/water is not one of the main aspects of the SPD, however it would be useful to flag up the availability of funding in this area. Add text: "A scheme exists (the Freight Facilities Grant) to encourage the use of rail and waterways for the transportation of freight. Depending on the development site location it may be feasible to make use of this scheme to bring in construction materials etc. The Department for Transport and the Strategic Railway Authority administer the scheme and can be contacted of further details". (Page 22, para. 4.29). Representation Ref No 027.E009 Subject Case Studies Section Section 8 The Old Oak Sidings wharf development project should be mentioned in this section as a case study of good practice. This waste and recycling facility, now operated by Powerday, utilises its canal and rail side location to transport waste and recyclable materials by water. The project has the potential to see up to 750,000 tons of material transported to the Old Oak Sidings waste and recycling facility by water by The Powerday site has been given permission, but has not yet been developed and is not yet operational. Also the use of the canal and railways to transport materials is not planned for the 1st phase of the development and will only become operational if there is enough demand. Do not think it is appropriate at this stage to highlight this in the SPD. Energy SPD - Representations with Responses and Action Page 18 of 21

19 Representation Ref No 027.E010 Greater London Authority Ref. No: 28 Representation Ref No 028.E001 Type Support General comments were also included under the following headings: Waterborne Transport Freight Transport Use of the canal towpath for walking and cycling Comments are not reproduced in full here as they are quite extensive, but key paragraphs include: "The LDF should give greater recognition to the role of the Blue Ribbon Network for reducing traffic congestion, improving air quality and providing alternative non-car modes of transport through waterborne transport, including the potential of water bus, taxi and trip boat services". "British Waterways considers that the LDF should adopt a stronger tone in requiring the use of the Grand Union Canal for transporting freight to be considered as part of the LIP, Transport Assessments for major development etc. Also the LDF should highlight the sustainable and environmental benefits of transporting freight by water and the economic benefits". "The canal towpath can be used to support walking and cycling as forms of active travel between destinations. British Waterways considers that the promotion of walking as an energy efficient alternative mode of transport should include improvements to towpaths British Waterways has a policy of supporting and encouraging cycling where it is safe and sustainable to do so". Due to the inherent hazards caused by the shared use of towpaths, "British Waterways will not designate towpaths as formal cycleways and will resist such designations" but will "welcome recreational cyclists who cycle carefully and safely". The production of detailed guidance to secure energy measures within developments is welcome and will help deliver the strategic energy objectives of the London Plan. These comments are of more relevance to the ongoing LDF process - in particular the current work on a range of issues and options papers rather than the Energy SPD. No amendments proposed. Support welcomed. No action necessary. Energy SPD - Representations with Responses and Action Page 19 of 21

20 Representation Ref No 028.E002 Subject Local Guidance Section Section 3 The existing UDP policies EN16, EN16A and HO13 are not in conformity with the London Plan policies 4A.7, 4A.8, 4A.9 and 4A.10. The grounds for this are the strength of the requirement for energy measures, rather than the overall policy objectives. As the London Plan is more recent, the council should be using it for the purposes of development control decisions, in line with Section 38(6) of the Planning and Compulsory Purchase Act Agreed. This should be made clearer in the text. Add text: "These policies were adopted prior to publication of the London Plan policies on energy, which place firmer requirements on developers of major schemes in terms of energy efficiency and renewable energy integration. Both sets of policies form part of the development plan, although the London Plan policies are more recent". (Page 14, para. 3.1). Representation Ref No 028.E003 The draft guidance provides detailed guidance on achieving the policy objectives and to that extent supports the London Plan. However, the status of the London Plan policies for development control (as set out in the letter regarding lifetime homes) should be set out within the document. Agreed. Essentially the same point as before. The letter referred to will be checked and text amended. See proposed action for previous representation. Representation Ref No 028.E004 On a matter of content, promoting the use of community based heating systems, where Combined Heat & Power and Tri-generation systems are not feasible, would strengthen the guidance and assist the implementation of HO13. This will give developments the flexibility to adapt to any changes in sustainable energy technologies. Agree that this would be a useful addition to the guidance. Currently, community heating is mentioned in the text but without going into any detail. Amend text to read: "The best opportunities for CHP come from mixed use developments where heat from industrial/commercial sites can be used to provide a community heating system for nearby residential properties". (Page 26, para. 4.55). Add text: "As well as generating heat and power, CHP systems can also adapted to provide cooling (known as CCHP or tri-generation). Such CCHP units may be appropriate where there is a need to provide air conditioning in commercial buildings". (Page 27, para. 4.59). Energy SPD - Representations with Responses and Action Page 20 of 21