Item No.
City of Westminster
CMfCD/
2002-12
DECISION-MAKER
Date
Title of Report
CABINET MEMBER
FOR CITY
DEVELOPMENT
06/11/02
CLASSIFICATION FOR GENERAL
RELEASE
SUPPLEMENTARY PLANNING
GUIDANCE NOTE ON
SUSTAINABLE BUILDINGS IN
WESTMINSTER
Report of the Director of Planning
and Transportation and Director of
Environment and Leisure
Wards Involved
All
Policy Context
Planning & Licensing Performance Plan
2002/2003, Aim 2: ‘The most attractive City’. 1.
‘Promote a more sustainable environment –
review of the Unitary Development Plan (UDP)’.
The review of the UDP has implications for the
City Plan and the City Investment, Clean Streets
and City Guardian Programmes set out in Civic
Renewal.
Financial Summary
The Planning & Licensing Performance Plan
2002/2003 includes a budget of £256,000 for the
review of the UDP. The cost of producing this
supplementary planning guidance note can be
met from this budget.
1.
Summary
1.1
This report recommends that the Supplementary Planning Guidance
(SPG) note on Sustainable Buildings attached as Appendix 1 be
agreed for publication. The SPG note has been prepared to
supplement the policies in the UDP that encourage and promote
sustainable development in Westminster. If approved by the Cabinet
Member for City Development the SPG note will be a material
consideration for development control purposes. The report explains
the content of the draft SPG note approved by the Cabinet Member for
City Development and Cabinet Member for Environment & Leisure for
public consultation in May 2002, the outcome of this public consultation
and how the SPG note has been revised as a result. A summary of all
comments received on the draft SPG and officers’ response is set out
in Appendix 2.
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1.2
The publication of the SPG note on Sustainable Buildings is a “key
decision” in the forward plan and the officers’ recommendations accord
with the City Council’s objectives as set out in the Planning and
Licensing and Environment and Leisure Performance Plans (2002/03),
the Civic Renewal Programme and other corporate aims and
objectives.
2.
Recommendations
2.1
That the Supplementary Planning Guidance (SPG) note on Sustainable
Buildings in Westminster attached as Appendix 1, be approved and
that the SPG note be treated as a “material consideration” when
considering planning applications following its approval. Businesses
and non-residents will be charged at £25, residents, amenity societies
and registered charities will be charged £10.
2.2
That the summary of responses received from the consultation on the
draft SPG and the officers’ responses, attached to this report as
Appendix 2, be noted and agreed.
3.
Background Information
3.1
This Supplementary Planning Guidance note (SPG) has been
produced as part of the review of the Unitary Development Plan (UDP)
and aims to supplement the policies in the UDP that encourage and
promote sustainable development in Westminster. Additionally there
was a need for clear, informative guidance on how new development
can contribute to a better environment. The SPG is in line with
Government guidance, as set out in PPG 12, in that it has been the
subject of public consultation and has been produced in response to
the recognised role of planning in achieving sustainable development.
3.2
The SPG provides practical advice and examples on ways sustainable
buildings can be achieved. It sets out the development context by
presenting opportunities for improved building design and environmental
performance. In line with policies in the Pre-Inquiry version of the UDP,
national strategic guidance, the supplementary planning guidance aims to
ensure:
 design and orientation of buildings for passive solar gain and to
minimise energy requirements
 minimising the materials, energy and water needed to construct and
operate buildings
 use of materials which are not scarce and which can be obtained
without causing damage to important habitats or ecosystems
 avoiding use of materials which may cause problems for human health
 re-using materials and components and use recycled components and
materials
 enabling salvage and collection of waste components and materials for
recycling
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 preventing pollution to air, land and water so that there is no damage to
natural systems
 protecting and create wildlife habitats
 using sustainable drainage systems
 design and construction of new buildings which can be adapted to
different uses and can be maintained with minimal use of resources
 making the best use of existing buildings, by refurbishing, adapting and
re-using them wherever possible
 that developments minimise the need for transport and encourage
access on foot.
4.
Public Consultation
4.1
A draft SPG was published for public consultation and comment from
24 May – 5 July 2002. Copies were sent to property owners,
developers, architects and designers, amenity associations, statutory
organisations, selected London boroughs, national and London
organisations and specialist sustainability professionals (a full list is
provided at Appendix 3). Copies were also sent to the Cabinet Member
for Environment & Leisure and the Deputy Cabinet Member for City
Development (Planning).
4.2
A consultation seminar was held on 26 June 2002, inviting all those
consultees listed in Appendix 3. There were 40 attendees at the
seminar. A note of the seminar discussion including names of
attendees is attached as Appendix 4; the officers’ response is listed in
Appendix 2.
4.3
18 written responses were received as a result of the public
consultation. The SPG has received widespread support. Consultees
have, on the whole, welcomed the City Council’s approach to
developing planning guidance on sustainable building issues and
encouraging better performing buildings through sustainable design. A
complete summary of all the comments received from the consultation,
and the officers’ response, is attached to this report as Appendix 2.
5.
Summary of Key Changes
5.1
The text has been updated to reflect changes made to the Pre-Inquiry
UDP and also changes arising from the consultation exercise. Some
minor editorial changes have been made to the draft SPG to include
factual updates, etc. The main changes are detailed below and reflect
the following aspects:


Minor revisions to Introductory section
Better linkages within Section 2 to regulatory Environment chapter
policies and other UDP requirements, clarification of role of this
SPG
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



Redrafting of Section 3 (Advice to Applicants) – simplifying process,
integrating with UDP Environmental Performance Statements (ENV
2 and Annex 9.1 of UDP), clarifying Independent Appraisal,
incorporating specific references for small scale proposals
Strengthening the content of the Sustainable Buildings Checklist,
streamlining with other information requirements for applicants in
order to avoid duplication within text
Improvements to Design section
Additions to solutions and signposts of other sections to update the
text and maintain its practical focus
5.2
Revisions have been carefully balanced against the overarching desire
to keep the text as brief as possible within the broad range of topic
areas it covers.
5.3
Once the text has been approved the document will be designed for
publication.
6.
Financial Implications
6.1
The Planning & Licensing Performance Plan 2002/2003 includes a
budget of £256,000 for the review of the UDP. The cost of producing
this supplementary planning guidance note can be met from this
budget and from a charge of £25 per document for non residents and
businesses, £10 for residents and amenity groups.
7.
Legal Implications
7.1
Government Guidance in PPG 12 (1999) on ‘Development Plans’
recognises the valuable role that SPG can play in supplementing plan
policies and proposals and gives advice on its status and public
consultation. Paragraph 3.15 states that the SPG “should be clearly
cross-referenced to the relevant plan policy or proposal which it
supplements. It should be issued separately from the plan and made
publicly available; consultation should be undertaken, and the status of
the SPG should be made clear.” Appropriate references to relevant
policies in the replacement UDP have been included in the SPG.
7.2
PPG12 also gives guidance on the weight that can be attached to SPGs
in considering planning applications. Paragraph 3.16 states “While only
the policies in the development plan can have the status that Section 54A
of the 1990 Act provides in deciding planning applications, SPG may be
taken into account as a material consideration. The Secretary of State
will give substantial weight in making decisions on matters that come
before him to SPG which derives out of and is consistent with the
development plan, and has been prepared in the proper manner. SPG
should be prepared in consultation with the general public, businesses,
and other interested parties and their views should be taken into account
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before it is finalised. It should then be the subject of a council resolution
to adopt it as supplementary guidance.”
7.3
As the SPG note on Sustainable Buildings has been prepared in
accordance with the above Government Guidance and has been
subject to public consultation, once adopted by the Council, the SPG
can be treated as a “material consideration” when considering planning
applications.
8.
Performance Plan Implications
8.1
The review of the UDP falls within Planning & Licensing Performance
Plan 2002/2003, Aim 2: ‘The most attractive City’. 1. ‘Promote a more
sustainable environment – review of the Unitary Development Plan
(UDP)’. The review of the UDP has implications for the City Plan and
the City Investment, Clean Streets and City Guardian Programmes set
out in Civic Renewal.
9.
Ward Members Consultation
9.1
The Cabinet Member for City Development and Cabinet Member for
Environment & Leisure have been consulted. The Deputy Cabinet
Member for City Development (Planning) chaired the consultation
seminar held on 26th June. The SPG affects all Wards therefore Ward
Member consultation has not been carried out.
10.
Conclusion
10.1
The SPG on Sustainable Buildings in Westminster is an important
mechanism to improve the quality of buildings and Westminster’s
environment. The SPG demonstrates how sustainable design
principles can be applied in practice in Westminster.
If you have any queries about this report or wish to inspect any of
the background papers, please contact Naomi Craymer on 020
7641 5979, e-mail: ncraymer@westminster.gov.uk If you wish to
know more about the review of the UDP, please e-mail:
udp@westminster.gov.uk or visit our website at
www.westminster.gov.uk/udp.
Appendices
1. Supplementary planning guidance (SPG) note on Sustainable Buildings,
August 2002.
2. Schedule of responses to public consultation for the SPG on Sustainable
Buildings in Westminster.
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3. List of consultees for the SPG on Sustainable Buildings in Westminster.
4. A note of the seminar discussion held on 26 June 2002.
Background Papers
The documents used or referred to in compiling the report were: 1. City of Westminster Unitary Development Plan Revised (Second) Deposit
draft, as agreed by an ad hoc Meeting of the Cabinet – 29 October 2001.
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For completion by Cabinet Member

Declaration of Interest
I have no interest to declare in respect of this report
………………………………. Signed ……………………………. Date
I have to declare an interest
State nature of interest ……..…………………………………………
…………………………………………………………………………….
………………………………….. Signed ……………………………. Date
(N.B: If you have an interest you should seek advice as to whether it is
appropriate to make a decision in relation to this matter.)
For the reasons set out above, I agree the recommendation(s) in the report
and reject any alternative options which are referred to but not recommended.
Signed ………………………………………………
Cabinet Member for ……………………………….
Date …………………………………………………
NOTE: If you do not wish to approve the recommendations, or wish to make
an alternative decision, it is important that you consult the report author, the
Director of Legal and Administrative Services , the Director of Finance and, if
there are staffing implications, the Head of Personnel (or their
representatives) so that (1) you can be made aware of any further relevant
considerations that you should take into account before making the decision
and (2) your reasons for the decision can be properly identified and recorded,
as required by law.
Note to Cabinet Member: The decision will now be published and copied
to the Members of the relevant Overview & Scrutiny Committee and may
not be implemented until five working days have elapsed from
publication to allow the Overview and Scrutiny Committee to decide
whether it wishes to call it in.
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