Cyngor Bro Morgannwg
Vale of Glamorgan Council

The policy wording should be amended so that the performance requirements apply based on the date of planning permission rather than the RLDP adoption date. Changes in energy performance requirements can significantly affect site layout, building orientation, and design considerations. Without this amendment, approved schemes could unnecessarily require variations via Section 73 or Non Material Amendment applications.

As such, Policy CC1 should be amended as follows to ensure that it is precise, measurable and enforceable and achieves the three tests of soundness:

“Proposals for one or more new dwellings will be required to achieve net-zero carbon operational emissions by:
1 Following the principles of the Energy Hierarchy for Planning, prioritising a reduction in energy demand and improved energy efficiency.
2 Achieving the following standards in individual dwellings as calculated using an identified energy performance model: Developments that secure planning permission from RLDP adoption to 31st March 2030
iii. Space heating demand less than or equal to 40kWh/m2/year;
iv. Energy use intensity less than or equal to 75kWh/m2/year;

and developments that secure planning permission from 1st April 2030 onwards
iii. Space heating demand less than or equal to 15kWh/m2/year;
iv. Energy use intensity less than or equal to 40kWh/m2/year; and

3 Providing on-site renewable electricity generation with an output equivalent to at least the annual energy consumption of the development, as calculated using an energy performance model

Where the use of onsite renewable energy generation to match total energy consumption is demonstrated to not be technically feasible the following hierarchy should be followed:
• Renewable energy generation should be maximised as much as possible; and/or
• Connection made to an existing or proposed low carbon district energy network (in compliance with Policy sp1); or
• Where this is not possible the residual energy (the amount by which total energy demand exceeds the renewable energy generation) is to be offset by a contribution to the Council’s Project Zero fund as far as economic viability allows.

Compliance will be evidenced within an Energy Report.”

As an industry leader in delivering high quality and energy efficient homes, BDWR is supportive of the overall aspirations of Policy CC1. However, it is observed that the wording of Policy CC1 requires all proposals for one or more new dwellings to demonstrate policy compliance through an Energy Report. It is considered that it would not be possible to provide all of the information required to demonstrate compliance with Policy CC1 at the outline planning application stage and that the information requirements for Policy CC1 can only be expected to be provided at detailed (reserved matters/full) planning application stage.

Welsh Government consulted on changes Building Regulation relating to Part L (Conservation of Fuel and Power), Part O (Overheating) and Part F (Ventilation) for dwellings and non-domestic buildings in August 2025. It is considered that space heating demand should remain within the remit of Building Regulations control as additional local policy requirements risk creating inconsistency across Local Planning Authorities and may exceed what is necessary to align with national policy and legislation.

In addition, there needs to be clarity on where the measurement point begins (for example, if the guidance were to require developers to take the heating demand before the efficiency of an air source heat pump is factored into the heating load, then the efficiency of the heating pump could not be included in the calculation of demand). Policy CC1 should clarify that it applies only to regulated energy use. Developers have no control over how future homeowners use their homes, and therefore unregulated energy consumption such as appliance use, occupant behaviour, and plug loads, cannot form part of compliance requirements. This would also ensure consistency with Building Regulations methodology.

Alternatively, if Policy CC1 is kept in the RLDP, there must be some flexibility introduced for the requirements of Policy CC1 to fall away should Building Regulations catch up or exceed or require different provisions than the requirements of Policy CC1 during the lifetime of the RLDP. To not provide this flexibility would mean that the ability of the RLDP to deliver the new homes in VoG needs could be compromised. Clarification is also required on how the contribution to the Council’s Project Zero fund is to be calculated and whether the timeframes in Policy CC1 relate to the date of planning approval.

Furthermore, the demands of Policy CC1 have to be considered in the context of all of the other demands that impact on development viability (e.g. affordable housing). The Council must provide evidence that an assessment has been undertaken to demonstrate that development, specifically the housing allocations in Policy HG1, can bear the cumulative policy costs of the RLDP, including Policy CC1.