Councils retain right to set higher standards

English councils will be able to continue to set energy building regulations standards that are “higher than the minimum”. These powers will continue in force up until the time when zero carbon buildings become mandatory.

These powers had been created under a Conservative-sponsored Act passed under the Brown Government back in 2008. Sponsored by the current energy minister Michael Fallon as a backbencher, it was enthusiastically backed by David Cameron as excellent example of both localism and of the “ go green, vote blue” philosophy.

Subsequently over 100 local authorities have used the powers provided under the Act.

But last year LibDem junior communities and local government minister Stephen Williams (right) launched a housing review, where he proposed removing the right of local authorities to set any higher standards because of complaints from developers

“I am clear that a national playing field is now required”, Williams argued. “Energy efficiency standards set locally – often using the Code for Sustainable Homes- have introduced disproportionate costs to the development industry.”

At no stage has Williams ever acknowledged that kowtowing to developers in this way also ensures higher fuel bills for occupants and more greenhouse gas emissions.

With most of his fellow LibDem MPs representing areas where the provisions of the 2008 Act had been deployed (including Williams’ constituency in Bristol), the minister received many hostile representations from his colleagues. He rebutted all of these.

However it fell to a combination of Labour energy spokesman Jonathan Reynolds , who tabled a formal amendment to the relevant legislation (the Deregulation Bill), and to Conservative Cabinet office minister Oliver Letwin.

The latter summed up the final Third Reading of the Bill, referencing Reynolds’ amendment, and concluding that any removal of councils’ powers should be dovetailed with the introduction of zero carbon homes – not due until 2016.

That intervention should ensure that for the next few years, progressive councils will retain the right to ensure that homes built in their areas are as energy efficient as possible.

* Even after 2016, not all homes will have to be built to zero carbon standards. CLoG has announced that  ‘small’ developments will be exempt. But they have yet to define what is meant by  ‘small.’  Williams’ predecessor, Sir Andrew Stunell , has recommended ‘zero’ as the best small number in these circumstances.