Climate Change (Scotland) Act 2009 - section 72 operation: eleventh annual report

Appendix 1: Low and zero carbon generating technologies

Low and/or zero carbon generating technology shall be installed in all new buildings with the exception of:

• alterations and extensions to buildings, other than alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more, or alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;
• conversions of buildings;
• buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;
• buildings which will not be heated or cooled other than by heating provided solely for the purpose of frost protection;
• buildings intended to have a life not exceeding the period specified in regulation 6 of the Building Standards Regulations; or
• conservatories.

Proposals for new buildings should conform to the sustainability standards set out in the table below for the year in which they are submitted unless the proposal is considered to be an exception to the policy. The emissions savings should form a part of those emissions savings required by Building Standards regulations in force in the given year.

31. West Lothian Local Development Plan (adopted 4 September 2018)

Policy NRG 1a Low and Zero Carbon Generating Technology

Proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emission reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. A statement will be required to be submitted demonstrating compliance with this requirement. The percentage will increase at the next review of the local development plan

This requirement will not apply to:

• Alterations and extensions to buildings;
• Change of use or conservation of buildings
• Ancillary buildings that stand alone and cover less than 50 square metres
• Buildings which will not be heated or cooled, other than by heating provided solely for frost protection;
• Buildings which have an intended life of less than two years.

32. Comhairle nan Eilean Siar – Outer Hebrides Local Development Plan

(adopted 18 November 2018)

Zero and Low Carbon Buildings

Context

Climate change is a significant issue and Scotland is leading the UK with reductions in greenhouse gas emissions. Planning Legislation states that all local authorities in their local development plans must seek to reduce carbon emissions through the use of low and zero carbon generating technologies (LZCGT) in all new building developments. This will contribute to meeting Scottish Government's CO₂ emission reduction targets and Building Standards Energy and Sustainability requirements.

The principle of sustainability is embedded within Planning and Building Standards, through the concept of Sustainability Labelling which aims to reward the achievement of either meeting or exceeding Building Standards and opting to meet higher levels in terms of energy and carbon emissions targets as well as water efficiency and flexibility in design.

Policy PD4: Zero and Low Carbon Buildings

All Planning applications for new buildings must demonstrate that the carbon dioxide emissions reduction target, as required by Scottish Building Standards, has been met; with at least 15% of this target being met through the use of low or zero carbon technology. This figure will be reviewed in 2021.

Compliance with this policy shall be demonstrated through obtaining an 'active' sustainability label through Building Standards and submission of calculations indicating the SAP Dwelling Emissions Rate (DER) or SBEM Buildings Emissions Rate (BER) with and without the use of the LZCGT.

A suspensive condition may be used to allow the applicant to submit energy saving or onsite LZCGT schemes at the time of Building Warrant submissions.

This policy does not apply to any of the following:

a. buildings which will not be heated or cooled, other than by heating provided solely for the purpose of frost protection;
b. alterations and extensions to buildings;
c. changes of use or conversion of buildings;
d. ancillary buildings that are stand‐alone, having an area less than 50 square metres;
e. buildings which are designed so that the energy necessary is integral to the structure requiring minimal additional mechanisation (the passive house concept);
f. buildings which have an intended life of less than two years.

Policy EI 8: Energy and Heat Resources

The Comhairle will support proposals that contribute to meeting the targets and objectives of the National Planning Framework 3, the Climate Change Act, and the National Renewables Infrastructure Plan in relation to electricity grid reinforcement, infrastructure and renewable energy generation.

Development proposals for all scales of onshore wind energy development will be assessed against the Supplementary Guidance for Wind Energy Development.

The Comhairle supports the principle of wind farm development in Areas with Potential for Wind Farms (SG Map 1) subject to a satisfactory assessment against other policies in this plan and the Supplementary Guidance. Many of these areas, particularly in the Uists, will however be constrained by MoD radar. The Supplementary Guidance will give further details of the radar constraints.

The Comhairle will also consider wind farm development in Areas of Constraint, with potential in certain circumstances (Map 1) subject to a satisfactory assessment against other policies in this plan and the Supplementary Guidance.

The Comhairle will not support wind farm developments in Areas Unacceptable for Wind Farms (Map 1).

Proposals for all other renewable energy projects and oil and gas operations (including land based infrastructure associated with offshore projects) will be required to demonstrate all the following:

a) appropriate location, siting and design including the technical rationale for the choice of site;
b) no significant adverse impact (including cumulative) on: landscape, townscape and visual aspects; natural, built and cultural heritage resources; the water environment; peatlands; aviation, defence and telecommunications transmitting and receiving systems, e.g., broadband; public health and safety, and amenity (including noise); neighbouring land uses, transport management and core paths;
c) appropriate decommissioning and site reinstatement arrangements;
d) phasing arrangements, where appropriate;
e) the contribution towards meeting national energy supply targets and local economic impact.

Micro generation* renewable energy developments, not subject to the Supplementary Guidance for Wind Energy Development, will be required to meet criteria a) to c) above and all the following criteria:

a) the proposal does not have a significant adverse direct, indirect or cumulative impact on residential amenity; and
b) colour, form, finish and height are appropriate to the setting and are designed to minimise visual impact and distraction; and
c) sufficient information is provided to enable a balanced assessment of any other likely effects of the development.

The type, scale and size of the proposed development will have a significant effect on the way the Comhairle will consider an application and the level of accompanying information that will be required. Conditions and, where necessary, a planning agreement may be used to control the detail of the development. Non‐permanent elements of a development will be granted permission consistent with their lifespan and/or projected period of use. In line with the Zero Waste Plan the Comhairle will support 'energy from waste' developments subject to wider Plan policies. Opportunities to co‐locate or connect with district heating schemes or heat producers should be investigated.

*micro generation is the production of heat (less than 45 kilowatt capacity) and/or electricity (less than 50 kilowatt capacity) from zero or low carbon source technologies.

Policy 3: Zero and Low Carbon Buildings

Low and/or zero carbon generating technology must be installed in all new buildings (with the exception of those listed below) to reduce predicted carbon dioxide emissions from buildings to meet minimum building standards.

A sustainability statement detailing the technologies proposed as demonstrating proposed achievement of Bronze Active Sustainability rating (Achieving or exceeding Building Standards), must be submitted as part of planning applications for new buildings.

This requirement does not apply to any of the following:

• buildings which will not be heated or cooled, other than by heating provided solely for the purpose of frost protection.
• alterations and extensions to buildings.
• changes of use or conversion of buildings.
• ancillary buildings that are stand-alone, having an area less than 50 square metres.
• buildings which are designed so that the energy necessary in integral to the structure requiring minimal additional mechanisation (the passive house concept).