Code For Sustainable Homes CfSH Appeal Win

• Posted by David Jones on 19th Jun ’09 at 11:24 UTC
• 1 comment

Appeal Inspector allows scheme to proceed without achieving code level 3 of the Code for Sustainable Homes.

Evans Jones LLP wins appeal for developer proposing to complete a block of flats without complying with a Planning Condition requiring the development to achieve Code level 3 of the Code for Sustainable Homes Appeal Decision

Since May 2008 all new homes are required to comply with the code, currently developers of open market schemes can choose which code level they wish to achieve between level 0(current building regulation standards) and level 6(Zero Carbon).

Local Authorities have sought to impose higher code levels upon permitted schemes via planning condition.
David Jones Planning partner at Evans Jones LLP commented
"As a practice we are committed to the Governments Aims and objectives in reducing carbon emissions and making homes more efficient; however, it is important that legislation applies equally across the board. The hit and miss imposition of planning conditions imposing code requirements has lead to widespread anomalies with similar sites in the same town having to achieve different standards; achieving level 3 can increase build costs by 10 -20%, thus placing sites subject to code compliance via planning condition at a significant commercial disadvantage compared to those sites which are not subject to such a condition. In this current climate it is important for the sake of housing delivery that development costs are minimised to remove artificial barriers to a site's development."

Evans Jones LLP has recently won a planning appeal against a planning condition imposed by Cheltenham Borough Council which sought to impose a level 3 CfSH requirement. Complying with the code would have prevented the scheme commencing as it would not have been viable to build whilst resale values remain depressed.

David Jones commented
"Whilst the practice is wholly supportive of the Governments wish to improve the sustainabilty of new build housing, it is inappropriate to seek compliance via Planning Condition. David considers that a preferable solution would be to require code compliance via changes to the Building Regulations in so doing create a level playing field for all developers."

For specific advice upon the Code For Sustainable Homes contact David Jones 01242 522822