Planning and Energy Act 2008

Document Number:2008 CHAPTER 21
Coming into force:Coming into force on the 13/11/2008
 
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An Act to enable local planning authorities to set requirements for energy use and energy efficiency in local plans.

[13 th November 2008]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Energy policies

(1) A local planning authority in England may in their development plan documents, and a local planning authority in Wales may in their local development plan, include policies imposing reasonable requirements for—

(a) a proportion of energy used in development in their area to be energy from renewable sources in the locality of the development;

(b) a proportion of energy used in development in their area to be low carbon energy from sources in the locality of the development;

(c) development in their area to comply with energy efficiency standards that exceed the energy requirements of building regulations.

(2) In subsection (1)(c)—

“energy efficiency standards” means standards for the purpose of furthering energy efficiency that are—

set out or referred to in regulations made by the appropriate national authority under or by virtue of any other enactment (including an enactment passed after the day on which this Act is passed) , or

set out or endorsed in national policies or guidance issued by the appropriate national authority;

“energy requirements”, in relation to building regulations, means requirements of building regulations in respect of energy performance or conservation of fuel and power.

(3) In subsection (2) “appropriate national authority” means—

(a) the Secretary of State, in the case of a local planning authority in England;

(b) the Welsh Ministers, in the case of a local planning authority in Wales.

(4) The power conferred by subsection (1) has effect subject to subsections (5) to (7) and to—

(a) section 19 of the Planning and Compulsory Purchase Act 2004 (c. 5) , in the...

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