Proposed planning policy changes could impact high carbon developments like Heathrow expansion (and Cumbria coal mine)
Several members of the House of Lords have said that National Planning Policy Statements (NPS) across industries should be updated to consider the UK’s commitments under the 2016 Paris Climate Agreement. Labour peer Lord Whitty said that “the whole of the NPS needs to be revised in light of the commitment to net zero” and added that this should apply to “all sectors”. If the NPSs are revised, that could have major implications for construction projects going forward, such as airport expansion (Heathrow and Gatwick want new runways). The legal case that went to the Supreme Court on 7th October was about the Airports NPS and whether it adequately took into account the Paris Agreement. The decision by the court might be given by January 2021. The legal challenges by Plan B and Friends of the Earth said that carbon reduction targets in the agreement “needed to be taken into account”. Another project which could be affected is the Woodhouse coal mine in Cumbria, for which Cumbria County Council approved the planning application in October, despite objections of its likelihood of making the UK’s climate goals less achievable. The final decision still rests with communities secretary Robert Jenrick. The issue of climate needs to be addressed in an adequate and consistent way in every NPS.
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Proposed planning policy changes could impact Heathrow expansion and Cumbria coal mine
by Catherine Kennedy (NCE – New Civil Engineer)
7.12.2020
National planning policy statements (NPS) across industries should be updated to consider the UK’s commitments under the 2016 Paris Climate Agreement, a number of Lords have said.
Lord Whitty said that “the whole of the NPS needs to be revised in light of the commitment to net zero” and added that this should apply to “all sectors”.
Revisions could have major implications for construction projects going forward. The court case on the expansion of Heathrow’s third runway, for example, centred on whether the government’s airports national policy statement (ANPS) adequately took into account the Paris Agreement.
In October Heathrow lawyers told the Supreme Court that policy arising from the agreement had not developed enough to allow for anything more than a “formulaic” reference in the ANPS. However, environmentalists maintained that carbon reduction targets outlined in the agreement “needed to be taken into account”.
Another project which could be affected is the £165M Woodhouse coal mine in Cumbria. Cumbria County Council approved the planning application in October, despite campaigns from environmental activists who fear that the facility could hinder the UK’s net zero goals. However, the final decision still rests with communities secretary Robert Jenrick, after he issued a holding direction on the issuing of any consent.
In the House of Lords last week, the Earl of Caithness cited the mine as an example of “some perverse planning decisions”, which have occurred as a result of the lack of updates to the planning policy statements.
In response, minister of state for housing, communities and local government Lord Greenhalgh said that the national planning policy framework has been updated to deliver commitments in the 25 year Environment Plan, published in 2018. He added that the planning framework “makes sure everything that comes forward is environmentally acceptable”.
Lord Greenhalgh stressed that the government recognises “the importance of climate change” and has a “plan in place” to respond to the commitments made in its manifesto.
He added: “We recognise the important part that the planning regime plays but it is something that needs reform and that is why we set out a new approach to planning in the Planning White Paper.”
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National Planning Policy Statements: Climate Change – Question
– in the House of Lords at 12:20 pm on 3rd December 2020.
Lord Whitty Labour 12:20 pm, 3rd December 2020
To ask Her Majesty’s Government what plans they have to review National Planning Policy Statements to assess whether they are aligned with the United Kingdom’s commitments under the Paris Climate Agreement and section 1 of the Climate Change Act 2008.
Lord Greenhalgh Minister of State (Housing, Communities and Local Government), The Minister of State, Home Department
National policy statements set out the planning policy framework for nationally significant infrastructure, including energy and transport. It is for relevant Secretaries of State to review their national policy statements whenever they consider it appropriate to do so.
Lord Whitty Labour
My Lords, that rather ignores the major problem facing us. The whole of the national planning statement needs to be revised in light of the commitment to net zero, and that applies to all sectors. Take construction, for example: the energy efficiency of much new-build housing is way below the Government’s own ambitions and what is needed. Does the Minister agree that planning needs to set out basic energy efficiency standards for new builds? Developers too often prefer demolition and rebuild to retrofit options, but should that preference not be reversed in planning guidance? When are the construction industry and developers going to be forced to recognise that one of our major commitments is to get on the path to net zero?
Lord Greenhalgh Minister of State (Housing, Communities and Local Government), The Minister of State, Home Department
My Lords, the Government recognise the importance of climate change and responding to a commitment in the manifesto towards that net-zero objective. We have a plan in place to do so, and we recognise the important part that the planning regime plays. It is something that needs reform, and that is why we have set out a new approach to planning in the planning White Paper.
https://www.theyworkforyou.com/lords/?id=2020-12-03a.822.3#g822.4
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See earlier:
Heathrow Airport expansion: Supreme Court Appeal hearing on the ANPS. Briefing by Friends of the Earth
The hearing at the Supreme Court of the appeal by Heathrow against the judgement of the Appeal Court, in February took place on 7th and 8th October. The case is whether the Airports NPS (ANPS) is illegal, because it did not properly consider carbon emissions and the UK’s commitments under the Paris Agreement. Friends of the Earth have explained their arguments, against those of Heathrow. (It is complicated legal stuff …) There is no onward appeal from the Supreme Court. If any one of the grounds that won in the Court of Appeal remains, and the Supreme Court agrees that the Order made by the Appeal Court should still stand, then the ANPS will remain of no legal effect [ie. not valid or legal] until reviewed. [So the runway cannot go ahead]. The Secretary of State (SoS) for Transport must then consider if the government wish to leave it at that, or review the ANPS policy framework, to amend it. If the SoS does that, s/he will probably need to make changes that materially alter what the ANPS says. Such changes will need to be approved by Parliament following consultation, before the new ANPS can come into force. And if the FoE Strategic Environmental Assessment (SEA) challenge wins, there would need to be a new SEA and a new public consultation.
Click here to view full story…
Weds 7th and Thurs 8th October – Supreme Court Heathrow hearing
Supreme Court hearing of the appeal by Heathrow against the ruling by the Appeal Court in February, that the Airports National Policy Statement (ANPS) was illegal, because it did not take the UK’s commitments under the Paris Agreement properly into account.
Case details from the Supreme Court: https://www.supremecourt.uk/cases/uksc-2020-0042.html
The Appellant is Heathrow Airport Ltd.
The Respondents are (1) Friends of the Earth Ltd, (2) Plan B Earth
The hearing will take place online, not in person. It can be followed online at https://supremecourt.uk/live/court-01.html
Tune in from 10.30am on Wednesday 7th to hear Heathrow’s case and from 3.30pm to hear the response by Friends of the Earth. Plan B Earth will respond on Thursday.
The ruling is not anticipated for several months.
Plan B Earth info document (2 pages) about the Supreme Court hearing is here
The Plan B Earth case for the hearing is set out here
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