Policy 2015 General Election Party lInEs The 2015 UK General Election result is one of the most unpredictable in living memory, so what does this mean for building services engineers and their clients? Hywel Davies explores the possibilities T his election outcome is the least predictable for a very long time. It seems unlikely that any one party will gain a majority in the House of Commons, so thoughts are turning to coalition or minority rule. A number of possible permutations are keeping the daily news media occupied, but what might this mean for building services engineers as they consider future design commissions, advise clients on energy savings in their existing stock, build or refurbish projects, or manage buildings? What policies might the new administration have in mind for us? There are a number of areas where energy in buildings is addressed by existing policy and legislation, as summarised in table 1. In these areas we already have legislation: sometimes it has been developed within the UK such as Enhanced Capital Allowances and sometimes it implements an EU Directive across the UK as with the Energy Savings Opportunity Scheme. In some cases such as Energy Certification legislation is implemented by an EU Directive with devolved powers in Scotland and Northern Ireland, and in others as with the Building Regulations (Standards in Scotland) there is now a devolved regime in each of the four parts of the UK. In addition, current planning legislation allows local authorities to impose conditions on developers when consenting to new developments. The Housing Standards Review (see panel Pickles last stand), which was finalised in March, removes powers to impose additional technical requirements, such as those from the Code for Sustainable Homes, Lifetime Homes or Secured by Design schemes, as a condition of planning consent for new residential developments. Planning authorities may still make BREEAM ratings a planning condition. But it is widely anticipated that a new Conservative-led administration will review the non-domestic Building Regulations, with the specific objective of removing planning powers to impose additional de facto regulatory requirements, such as BREEAM, that are not directly approved by parliament or by the Secretary of State under powers delegated by the Building Act. Policy checker Headline policies from the seven parties set to hold sway in this months General Election conservative Party Smart meter in every home by 2020 Insulate 1 million homes New garden cities liberal democrat Party Council tax reductions to incentivise energy efficiency Feed out tariff for solid wall insulation No zero carbon exemption for small sites labour Party Improve 200,000 low-income homes 1 million interest free loans for domestic energy efficiency Decency standard for private rented properties Green Party Repeal of National Planning Policy Framework Protection of green belts UK Independence Party No stamp duty on brownfield sites Merge planning and building control Manifestos for change In his Presidential Address last year, Peter Kinsella highlighted the increasing significance of resource constraints on the built environment, and the impact of the energy constraints on building services engineers in particular. Many readers will be familiar with the energy trilemma the need to improve security of supply, including: a new Green Buildings Act setting new efficiency targets; Council Tax reductions to incentivise energy efficiency measures in homes; targets for all rented homes and those in fuel poverty to be EPC Band C by 2027, and all homes Band C by 2035. It would also reform the Green Deal and introduce incentives to install solid wall insulation, a so called feed out tariff. Meanwhile, the SNP seeks further support for offshore wind, and for changes to the funding for renewables to be fairer to Scotland, ensuring it is not penalised for its distance from the south of England, where peak demand for energy is greatest. It would also seek to fund the Energy Company Obligation from general taxation, not as a levy on utility bills. Plaid Cymru supports greater use of renewables, especially from tidal and hydro sources, linked with a commitment to reducing aggregate energy demand, in the only manifesto linking energy generation and consumption. It is committed to requiring the NHS to address energy efficiency, so more money is available for care. It seeks devolved responsibility for energy policy and supports energy efficiency in the business sector. For new buildings there is a varied approach. Labour will start to build a new generation of garden cities, and the continued programme of school building and improvement. The issue of brownfield sites has generated some debate. Conservatives and Liberal Democrats are committed to prioritising development on brownfield sites, while UKIP has set out a range of incentives including exemptions from Stamp Duty, grants for remediation and indemnity insurance for the development of contaminated land. UKIP also aims to build a million new homes on brownfield sites by 2025. Both UKIP and the Green Party are committed to repeal of the National Planning Policy Framework and greater local control over development and protection of the green belt. UKIP also want to see planning and building control merged. CIBSE members have the knowledge and expertise to make significant energy efficiency improvements without compromising building performance. The urgency of that task is growing, and the December Conference on the UN Framework Climate Change Treaty in Paris faces critical challenges to set the world on a path to mitigating the impact of human activity on global climate, or committing us to further damage that will be irreversible in our lifetimes. The major parties have something to say on the energy trilemma but none articulate an overall approach to address the whole problem The current three major parties are all committed to securing an agreement at the Paris conference, although there is limited detail on what they would be seeking; the Labour Party want an ambitious agreement while conservatives seek a strong one. This lack of clarity will concern those who consider this to be one of the most pressing long-term issues for the new government. The SNP has committed to press for the rest of the UK to align with Scottish policies on climate change and carbon reduction and to create a dedicated climate justice fund. The SNP will also seek to ensure the UK plays a positive role in the Paris conference. Plaid Cymru is committed to introducing a Climate Change Act for Wales. Meanwhile, the Liberal Democrats commit to developing a national resilience plan to help the UK economy, national infrastructure and natural resources adapt to the likely impacts of a 3-4 degree global average temperature rise. cJ scottish national Party Create a climate justice fund Fund Energy Company Obligation from general taxation Plaid cymru Introduce a Climate Change Act for Wales Greater use of tidal and hydro power reduce costs to consumers and businesses, and reduce carbon emissions to minimise increases in global temperatures. But there has been little discussion of this major challenge by many of those seeking to represent us in Westminster after 7 May. Each of the major parties has something to say about the various elements of the trilemma, but nobody articulates an overall approach to address the whole problem. The Conservative party has confirmed its commitment to see every home fitted with a smart meter by 2020, and to support low-cost measures on energy efficiency, with the goal of insulating a further million homes by that time. Labour, meanwhile, has committed to improve 200,000 low income homes each year, as well as delivering a further million interest free loans for home energy efficiency improvements. In addition, it will introduce a decency standard for private rented properties, which will presumably incorporate the energy requirements included in the Minimum Energy Efficiency Standards legislation introduced shortly before the end of the previous parliament. The Liberal Democrats have a range of commitments to improve the energy efficiency of the existing building stock, Department of Energy and Climate Change 1. CRC Energy Efficiency Scheme (CRC) (UK) 2. ESOS Audits & Energy Savings Opportunity Scheme (from 5 Dec 2015) (UK) 3. Minimum Energy Efficiency Standards (from 2016) (England & Wales) 4. Green Deal (England, Wales, Scotland) 5. Smart Meters (England, Wales, Scotland) 6. EU minimum product efficiency standards and energy performance labelling (UK) 7. Climate Change Levy and Sector Climate Change Agreements (UK) 8. Enhanced Capital Allowances (ECAs) (UK) Department of Communities and Local Government 9. Energy Performance Certificates (EPCs), Display Energy Certificates (DECs) & Air conditioning inspections (England & Wales, Scotland and Northern Ireland) 10. Building Regulations, including Zero Carbon Homes and Nearly Zero Energy Buildings (four devolved regimes) 11. Planning Legislation (including BREEAM) (four devolved regimes) Department of Environment, Food and Rural Affairs 12. F-Gas Regulation & related requirements (EU) 13. Mandatory Greenhouse Gas Emissions and Environmental reporting (UK) European Union 14. Resource Efficiency (EU) (No current legislation, but a communication setting out clear intentions to regulate in this area) Table 1: Regulations relating to energy use or energy-using systems in buildings. Conservatives will support locally led garden cities. The Liberal Democrats, meanwhile, propose 10 new such developments in England, five along the proposed railway line between Oxford and Cambridge. The Liberal Democrats also want to remove the exemption from the zero carbon standard for smaller development sites, to increase the standard for all homes and to extend it to nondomestic buildings by 2019. There is also a commitment to address the issue of higher summer temperatures in new buildings. The SNP emphasises its commitment to a Pickles last stand Before parliament was dissolved, a flurry of legislative activity relevant to the built environment took place: Housing Standards Review This creates a new streamlined approach to setting technical standards for housing. It introduces optional Building Regulations on water, access, and space standards, in addition to mandatory requirements. Neighbourhood or Local Plans may no longer include additional local technical standards or requirements relating to the construction, internal layout or performance of new dwellings. In particular, they do not require developers to build to the Code for Sustainable Homes, and the Code is now withdrawn. Existing Plans and guidance need to be reviewed. Optional technical standards should only be required if they address a clearly evidenced need, and their impact on viability has been considered, in accordance with the National Planning Policy Framework and Planning Guidance. Neighbourhood plans should not be used to apply new national standards. Local planners may still set and apply policies in Local Plans that require compliance with energy performance standards beyond those of Building Regulations until commencement of Planning and Energy Act 2008 amendments made through the Deregulation Act 2015. This is expected to happen alongside the introduction of Zero Carbon Homes policy in late 2016, when the coalition intended that the energy performance requirements in Building Regulations should be set at a level equivalent to the old Code Level 4. Interim levels above that are not what the coalition had in mind. This does not modify the National Planning Policy Framework stipulation allowing connection of new housing developments to district heating or other low carbon infrastructure. Flood resilience and resistance and external noise remain matters to be dealt with through planning. There is detailed guidance on transitional arrangements from existing plans to the new arrangements. From 1 October 2015 plans and policies must be interpreted by reference to the nearest equivalent new national technical standard. Compliance with the new optional standards should only be required where a relevant current Local Plan policy applies. Security is covered by the Building Regulations Approved Document Q. Policies on external design and layout of new development are unaffected. Planning A newly consolidated Development Management Procedure Order, which consolidates the 15 amendments previously made to the 2010 Order, is intended to simplify and improve the planning process for all users of the system, and came into force on 15 April. It introduces new measures to improve the process of statutory consultation and a new provision for deemed discharge of planning conditions to speed up development. New guidance has been issued on the pre-application and examination stages of planning, and new planning practice guidance covers controls for storage of hazardous substances in England to reflect changes to new regulations being introduced on 1 June 2015. Further new guidance explains changes to the environmental impact assessment screening thresholds that took effect on 6 April 2015, to remove gold plating of the EU Directive. The Town and Country Planning (General Permitted Development) (England) Order 2015 introduced new permitted development rights from 15 April 2015. Zero Carbon Homes The coalition restated its commitment to a Zero Carbon Homes standard in 2016 and to the future strengthening of minimum on-site energy performance requirements. The Infrastructure Act 2015 creates the powers needed to enable off-site carbon abatement measures (Allowable Solutions) to support the zero carbon standard. There is an exemption from off-site abatement for small housing sites of 10 units or fewer, but all new homes on small sites will have to meet the higher on-site energy performance standard. The coalition promised legislation to ensure that this exemption is not abused.