Part One: Spatial Strategy and Policies (Regulation 19)

12.56. It is essential for the successful delivery of the DLP that a high standard of sustainable design is secured on all new developments over the Plan period. This will reduce carbon emissions from new development, improve design quality and create a high-quality environment which will maximise economic competitiveness and housing choice.

12.57. The Planning and Compulsory Purchase Act of 2004 requires local plans to include policies designed to secure the contribution of development towards the mitigation of, and adaptation to, climate change.

12.58. In 2022, changes to Part L of the Building Regulations came into effect, which significantly improved energy efficiency standards for new homes and further improvements under the "Future Homes Standard" are due in 2025 and will apply to planning applications in 2024. However, given the urgency of the climate change crisis and the amount of development planned in the whole Plan period, it is vital that use of energy from non-renewable sources by new homes, and other types of development, is minimised as far as possible and as early as possible, until overtaken by any further changes to Building Regulations.

12.59. Although there is currently limited renewable energy generation in the borough, evidence shows that there is considerable untapped capacity to produce and export renewable energy at a local level. Therefore, it is important that all new developments should make the maximum contribution towards renewable and low carbon energy generation, where this is financially viable and feasible to implement.

12.60. Assuming energy use under current Building Regulations, it is generally not practical to provide more than 20% renewable energy generation within a site. In particular, solar power is the most suitable technology on most sites, and solar energy generation is limited by the orientation and extent of roofs within a development, such that on average 50% of roof space in a housing development can practically support solar panels. This typically limits renewable energy generation to 20% of average residual energy demand. The Dudley Viability and Delivery Study (2023) has demonstrated that this level of requirement will not prejudice the delivery of most major developments in Dudley.

12.61. To limit the financial burden on smaller developers, a lower requirement of 10% has been set for small developments. Where a number of smaller developments are taking place in close proximity and it is considered that these form phases of a major development, the 20% requirement will be sought. Residual energy demand means that the estimated energy demand for the operational development should be calculated after allowance has been made for the full range of energy efficiency measures required under Building Regulations at the time of construction. The Council and Housing Associations will lead by example by seeking to maximise energy efficiency and incorporation of renewable and low carbon energy generation through the refurbishment and redevelopment of land and buildings in their ownership.

12.62. Many types of renewable and low carbon energy generation can be developed in Dudley, including solar photovoltaics, solar thermal, air, water and ground source heat pumps and other technologies (see DLP42). The Black Country Utilities Infrastructure Capacity Study concluded that there are no parts of the area that would be suitable for large-scale wind turbine development. However, there is no evidence to suggest that any other type of renewable or low carbon energy technology would not be appropriate in any part of Dudley Therefore, any renewable or low carbon energy proposal will be treated on its merits in accordance with Policies DLP47 and national guidance, and any relevant Plan policies.

12.63. The DLP includes a range of policy aspirations for high quality design and climate change mitigation and adaptation, particularly those set out in Policies DLP41, 42, 43 and DLP39. As set out in national guidance, an effective way of ensuring these aspirations are delivered in a consistent manner is through the use of tools for assessing and improving design quality. The Building Research Establishment (BRE) administers a range of robust, national standards which can support this approach. BREEAM standards are well established and certify quality and sustainability in the built environment, including running costs, health and wellbeing and environmental impact. Minimum standards are first applied – these will include the national water efficiency and space standards for housing set out in Policy DLP39 developers are then able to choose from a menu of other measures to reach the total credits necessary to achieve certification to the required level.

12.64. Application of the BREEAM New Construction standards set out in Policy DLP47 will ensure that all major developments in Dudley meet a minimum level of quality and sustainability that is independently certified throughout the planning and construction process and, in most cases, following completion. In order to allow for an improvement in standards over time, the level of certification required for medium-sized developments of 1,000-5,000 sqm gross will be increased after 2028 in line with larger developments. The use of other standards, such as Passivhaus and the BRE Home Quality Mark, which use third party assessment and certification to robustly verify that the quality of approved development is not materially diminished between permission and completion, will also be supported.