The Local Plan for the Broads: Issues and Options Consultation

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27. Changes/standards that may be introduced by the Government

27.1 Introduction | 27.2 Biodiversity/Environment Net Gain | 27.3 Accessible homes

27.1 Introduction

Over the last year or so, there have been consultations or Bills/Acts relating to the following topic areas. It seems that the Government may set standards that development needs to meet. This may be done through building regulations or other legislation/regulations.

27.2 Biodiversity/Environment Net Gain

27.2.1 Issues

The Environment Act 2021 is now in place, and one part of the Act is about Biodiversity Net Gain, an approach that aims to leave the natural environment in a measurably better state than before. It is not clear when any changes will be implemented by the Government. It is likely that the requirement will be in place from November 2023 which is before this local plan will be adopted. The requirement is for a 10% net gain, measured using a metric that will be approved by Government.

27.2.2 A greater net gain than 10%? Approaches elsewhere.

The emerging Greater Norwich Local Plan says ‘it will need to be demonstrated that the gain to biodiversity is a significant enhancement (at least a 10% gain) on the existing situation’. Some other LPAs are proposing a Biodiversity Net Gain of greater than 10%:

Table 6
What some other LPAs are proposing for Biodiversity Net Gain

Source: Table: Samantha Eckford, Get the data, Created with Datawrapper, published in article on Planning Resources website, 1 June 2022.

Whilst biodiversity net gain has established the net gain principle, environmental net gain goes further. It is more comprehensive and relevant across many environmental areas, including carbon storage, material use, air purification, physical health as well as recreation and water quality. It uses the concept of natural capital assets (such as soil, rivers and woodland) and ecosystem services (defined as the direct and indirect contributions of ecosystems to human survival and quality of life) as a way to assess and quantify the impact of development and operational activities on the natural environment. Indeed, the government’s 25-year plan_[22] seeks to embed ‘an ‘environmental net gain’ principle for development including housing and infrastructure’.

27.2.3 Options

The options therefore seem to be as follows:

1. Do not set a higher standard relating to biodiversity net gain; continue with the 10% set by Government.
2. Introduce a standard of greater than 10% Biodiversity Net Gain in a similar way to some other LPAs around the country.
3. Introduce ‘Environmental Net Gain’

27.3 Accessible homes

27.3.1 Issues

Raising accessibility standards for new homes_[23] was consulted on in 2020. It considers how the existing optional accessible and adaptable standard for homes and the wheelchair user standard are used and whether the Government should mandate a higher standard or reconsider the way the existing optional standards are used. It is not clear when any changes will be implemented by the Government.

27.3.2 Approaches elsewhere

The emerging Greater Norwich Local Plan says that proposals for major housing development are required to provide at least 20% of homes to the Building Regulation M4(2) standard or any successor. The emerging Great Yarmouth Local Plan says new homes must be built to meet Building Regulation M4(2). The emerging Dartmoor Local Plan says that all new build dwellings should be constructed in accordance with Building Regulations Requirement M4(2) for accessible and adaptable dwellings, or successive regulations, unless evidence demonstrates: a) it is not desirable or possible for planning or environmental reasons; or b) it is not viable. It goes on to say that wheelchair accessible dwellings constructed in accordance with Building Regulation M4(3), or successive regulations, will be encouraged where a specific local need for a wheelchair adaptable or accessible dwelling is identified. The Reading Local Plan says all new build housing will be accessible and adaptable in line with M4(2) of the Building Regulations. It goes on to say that on developments of 20 or more new build dwellings, at least 5% of dwellings will be wheelchair user dwellings in line with M4(3) of the Building Regulations.

27.3.3 Current approach

The current policy in the Local Plan for the Broads (DM43) says that applicants are required to consider if it is appropriate for their proposed dwelling/ some of the dwellings to be built so they are accessible and adaptable and meet Building Regulation M4(2) and M4(3). If applicants do not consider it appropriate, they need to justify this. For developments of five dwellings or more, 20% will be built to meet Building Regulation M4(2).

27.3.4 Options

The options therefore seem to be as follows:

1. Wait until the Government standard comes in. Continue with the current Local Plan approach.
2. Amend the M4(2) threshold so it applies to more schemes in the Broads, subject to viability.
3. Consider introducing a M4(3) standard, subject to viability.

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_{22 - 25-year-environment-plan.pdf (publishing.service.gov.uk)
23 - The consultation covers these categories: M4(1) Category 1: Visitable dwellings. M4(2) Category 2: Accessible and adaptable dwellings. M4(3) Category 3: Wheelchair user dwellings.}