Councillor's object to their own Council's Local Plan

The councillors believe the Proposed Local Development Plan fails to comply with the requirements of the Climate Change (Scotland) Act 2009. Section 72 of the Climate Change (Scotland) Act requires local development plans to contain policies specifying a reducing scale of climate change emissions from all new buildings (Note 2). The Aberdeenshire proposed local development plan does not do this. Instead a single fixed reduction is quoted in the associated supplementary guidance.

Objections submitted by Cllrs Ford, Johnston and Storr seek to have the Plan altered to include a policy requiring a reducing level of climate change emissions from new buildings (See Note 4). The policy proposed is similar to that agreed by Aberdeenshire Council two years ago.

The Democratic Independent Group tried to amend the Proposed Local Development Plan before it was approved by councillors in June. An amendment to bring the Proposed Plan into line with the legislation on climate change was moved by Cllr Martin Ford, but Liberal Democrat, Conservative and SNP councillors voted to approve the Plan without including the policy on emissions required by the Scottish Climate Change Act.

Commenting, Cllr Martin Ford said:

"It is pretty clear the Aberdeenshire Proposed Local Development Plan does not comply with legislation. It should have been amended before it was passed by councillors, but despite being warned that the Proposed Plan was deficient, most councillors just wanted to approve the Plan as it stood and go home. I hope the Council will now accept the same arguments as we advanced in June at this stage of the process, and the Plan will be amended before it comes into effect.

"The fight against climate change is a crucial issue. For the Council to be trying to avoid taking action required by legislation is symptomatic of the Council leadership's whole attitude to the Council's environmental responsibilities. No wonder the Council is failing to meet its own targets."

Cllr Debra Storr said:

"We need to move quickly to better standards for our buildings to reduce carbon dioxide emissions and reduce the impact of higher fuel prices.  I can't understand Aberdeenshire Council's reluctance."

Cllr Paul Johnston said:

"This is an important proposal to make the Local Development Plan say what politicians have been talking about. We have a duty as a Council to do what we say and that means policies for building houses fit for the future. Without this proposal the Local Development Plan would be more fiction than fact when it talks about reducing carbon emissions."

Anyone can lodge an objection to the Aberdeenshire Proposed Local Development Plan. Objections must be lodged by 5.00 pm on Friday 1st October.

ENDS

Notes

1. The Proposed Aberdeenshire Local Development Plan 2010 sets out the ground rules for the development of land. It sets out the policies Aberdeenshire Council will use for assessing planning applications. The Aberdeenshire Local Development Plan will apply from the date the Council accept it (probably autumn 2011) until 2023 and will provide firm guidance for the period up to 2016, at which time the Council will review it.

 2. Section 72 of the Climate Change (Scotland) Act 2009 states:

 After section 3E of the Town and Country Planning (Scotland) Act 1997 (c. 8) insert—

“3F Greenhouse gas emissions policies

A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero-carbon generating technologies.”. 

3. Cllr Martin Ford and Cllr Debra Storr are members of the Scottish Green Party. Cllr Ford will be standing for the Green Party on the North-east Regional List in next May's Scottish Parliament elections.

4. The objection is

Provisions to which the issue relates:

3A Proposed Plan. Policy 8: Layout, siting and design of new development.

3C Proposed Supplementary Guidance. SG LSD11: Carbon neutrality in new development

Summary of issue

The proposed local development plan does not comply with the requirements of the Climate Change (Scotland) Act 2009. Section 72 of the Climate Change (Scotland) Act requires local development plans to contain policies specifying a reducing scale of climate change emissions from all new buildings. The Aberdeenshire proposed local development plan does not do this. Instead a single fixed reduction is quoted in the associated supplementary guidance.

Section 72 of the Climate Change (Scotland) Act 2009 states:

After section 3E of the Town and Country Planning (Scotland) Act 1997 (c. 8) insert—

“3F Greenhouse gas emissions policies

A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero-carbon generating technologies.”.

Modifications sought by those submitting representations

To bring the proposed Aberdeenshire local development plan into line with the requirements of the Climate Change (Scotland) Act 2009 and existing Council policy and climate change commitments, the plan should be amended by the deletion of the penultimate paragraph of Policy 8 ("The Climate Change (Scotland) Act (2009)…….compliance with the legislation") and the addition of a new Policy 9 as undernoted and renumbering of subsequent policies:

“Policy 9 Reducing Greenhouse-Gas Emissions from New Buildings.

All new buildings must reduce the predicted carbon dioxide emissions by at least 30 per cent beyond the 2007 Building Regulations’ carbon dioxide emissions standard. After 2012 the reduction must be at least 60 per cent, after 2014 the reduction must be at least 90 per cent, and after 2016 the reduction must be 100 per cent (no emissions).”

And LSD11 should also be changed to reflect this by adding after the first sentence:

“After 2012 the reduction must be at least 60 per cent, after 2014 the reduction must be at least 90 per cent, and after 2016 the reduction must be 100 per cent (no emissions).”