Local Plan Review 2042 Chapter 3 - Theme 1

Chapter 3 - Theme 1: Meeting the Challenge of Climate Change and Ensuring Sustainable Development

Policy CSD 1: Mitigating and Adapting to Climate Change 

3.5 Climate change is the greatest long-term challenge facing society. The Council declared a Climate Emergency in July 2019 and pledged to be carbon neutral by 2030. Climate change impacts how we live now and in the future, and presents disproportional risks to the most vulnerable members of our society. Its impacts are already evident locally in the form of extreme weather events such as heavy rainfall and extreme temperatures. The UK’s ten hottest years on record have all been since 2003, and six of the ten wettest years have occurred since 1998.  

3.6 It is estimated that the centre and south-east of the UK will experience the most extreme temperature peak rises in coming decades. At the same time, despite being an area of water stress, the catchments of the region’s major rivers (e.g. the Thames basin, which includes the River Cherwell) will be most under threat from increased flooding, increasing flood risk to communities across the district, including in Banbury, Bicester, Kidlington and some of our villages. 

3.7 Cherwell’s Climate Action Framework confirms the Council’s commitment to become a carbon neutral organisation via a range of actions including reduced/cleaner travel, reduced electricity use, the addition of solar panels and retrofit of council buildings with clean heat such as heat pumps or networks.

3.8 The Climate Action Framework also reiterates the Council's commitment to enable the district to be net zero carbon by 2030. Recognising that the Council cannot achieve this alone, it commits to work with businesses, other Oxfordshire District Councils and the County Council (via Oxfordshire’s Local Connectivity and Transport Plan, and OxLEP’s Energy Strategy). Quoting the OxLEP Energy Strategy, Cherwell’s Framework document recognises that to halve emissions by 2030, Oxfordshire needs:

• A 5x increase in solar electricity generation
• 40% of heating to be renewable
• New housing to meet very high standards for energy performance
• Retrofitting 4,000 existing homes each year to achieve Energy Performance Certification of grade C or better
• Electric and active travel to become the new normal.

3.9 The above suite of actions was identified to realise the OxLEP Energy Strategy’s goal of halving the County’s emissions by 2030. To realise the rest of Cherwell’s goal of net zero by the same date, Cherwell will need to focus on broader renewable energy sources, sustainable activities and emissions cutting technology.

3.10 In December 2022, the Council also resolved to support the One Planet Oxfordshire shared vision and committed to review its operations and activities using the One Planet Living Framework.

3.11 In recognition of the importance of mitigating and adapting to the impacts of climate change this Local Plan is focused on achieving sustainable development.

3.12 We recognise that the Local Plan will not be able to address all climate issues alone. We will need to work alongside other stakeholders to help meet the obligations of the Climate Change Act 2008, including the legally binding targets to achieve ‘net zero’ greenhouse gas emissions by 2050 and interim carbon budgets before then.

3.13 Across Oxfordshire, there are various existing and emerging strategies to help meet these targets including the Oxfordshire Energy Strategy (2019) prepared by OxLEP and, more recently, the 2021 Pathways to a Zero-Carbon Oxfordshire (PAZCO).

3.14 Whilst we have made progress in recent years, our biggest challenges remain how to decarbonise transport, reduce reliance on fossil fuels for heating, and protect and enhance carbon stored in the natural environment. We also need to invest more in retrofitting our existing housing stock, install cleaner heating systems, and replace petrol and diesel vehicles with electric ones. Encouraging individual behavioural changes such as active travel, dietary changes and reducing our energy demand can help too.

3.15 Similarly, it is important to ensure that we adapt our buildings and the environment and build resilience in our communities and critical services to the inevitable changes to our future climate.

3.16 With emissions from buildings accounting for approximately 17% of annual greenhouse gas emissions in the UK, before even accounting for electricity use (or over 30% if including buildings' electricity use), it is vital to drive forward improvements in their energy performance. These figures also do not include the embodied carbon (from extracting, manufacturing, transporting and assembling the buildings before use). The industry's recent estimates indicate that embodied carbon can in fact represent 40-70% of the greenhouse gas emissions caused by a new building across its whole lifespan. In light of this there is also an increasing recognition that constructing new buildings using sustainable construction techniques is essential in addressing climate change.

Policy CSD 1: Mitigating and Adapting to Climate Change

All development proposals (including new buildings, conversions and the refurbishment of existing buildings) will be required to ensure and demonstrate that development is resilient to climate change impacts and that the impact of the development on climate change is mitigated. This will include:

i. Distributing growth to the most sustainable locations as defined in this Plan;

ii. Making the most efficient use of land and buildings, having regard to the character of the locality; 

iii. Delivering development that seeks to reduce the need to travel and which prioritises sustainable travel options, including active travel;

iv. Designing and delivering developments that, wherever possible, have zero carbon emissions in accordance with the criteria set out in in Policies CSD 2 and 3, and use resources efficiently, including water. All new residential development will be required to meet a water efficiency of no more than 110 litres/person/day mains water consumption;

v. Promoting the use of decentralised and renewable energy where appropriate;

vi. Taking account of known physical and environmental constraints when considering locations for development;

vii. Delivering developments that are designed to be resilient to climate change impacts including the use of passive solar design or river/canal water for heating and cooling wherever possible;

viii. Minimising the risk of flooding and using sustainable drainage methods;

ix. Minimising the effects of development on the microclimate through the provision of green infrastructure, including open space, water, planting and green roofs;

x. Minimising energy demands and energy loss through design, layout, orientation, landscaping, materials and the use of technology;

xi. Using recycled and low embodied carbon materials, and

xii. Minimising waste and making adequate provision for the re-use and recycling of waste; and causing no deterioration and, where possible, achieving improvements in water or air quality.

Policies CSD 2 and CSD 3: Zero or Low Carbon Energy Sources

3.17 In 2021, the Government tightened building regulations on energy and carbon as a first step towards the implementation of the Future Homes Standard (FHS) planned to be introduced in 2025. Homes built under the FHS should emit 75-80% less regulated carbon than the standard set by pre-2021 building regulations, and eventually become net zero assuming the electricity grid continues to decarbonise. The FHS may include a higher standard of fabric thermal performance than today’s building regulations (Part L 2021). The Government’s stated intention is that FHS homes should not need to be retrofitted with any further measures to reach the energy and carbon performance standards that are needed within the UK’s overall transition to net zero in 2050.

3.18 However, 2023 analysis by the Future Homes Hub revealed that, even when calculated with SAP (Standard Assessment Procedure) (which underestimates energy use), the FHS options released to date would (in almost all home types) fail to achieve the level of energy efficiency needed in new homes for compatibility with the UK's carbon budgets to 2050. These FHS homes will not be zero carbon until the electricity grid is entirely decarbonised.

3.19 Furthermore, a national consultation in 2024 on potential FHS specifications indicated that the FHS might not improve building fabric at all, potentially relying on heat pumps alone to deliver the ~75% reduction in regulated carbon. This failure to improve fabric would not only further undermine UK carbon budgets, but also result in heating bills twice that of today's new-build standard (Part L 2021). This may unacceptably impact fuel poverty. By contrast, the original indicated FHS option (2019-20 consultation) had improved fabric as well as a heat pump, reducing energy demand, albeit not far enough to truly align with national carbon budgets.

3.20 Due to the likelihood that the FHS will not align with the UK's carbon budgets and may risk fuel poverty, our policy builds on the FHS by applying the energy efficiency level of the best FHS option to date, and then reaches net zero carbon via the addition of renewable energy, with an offsetting option if the renewable target is unfeasible. This sequential approach (1. efficiency, 2. renewables, 3. offsetting) follows the industry's well established best practice 'energy hierarchy'.

Energy Efficiency Requirements and the Energy Hierarchy

3.21 We will use the Energy Hierarchy to assess proposals against our climate change objectives. It should inform the design, construction and operation of all new buildings. The priority is to firstly pursue all reasonable options to minimise energy demand, and then address how energy will be supplied and renewable technologies incorporated. The energy hierarchy consists of the following steps:

1. Be lean: use less energy and manage demand during operation;
2. Be clean: exploit local energy resources (such as secondary heat) and supply energy efficiently and cleanly;
3. Be green: maximise opportunities for renewable energy by producing, storing and using renewable energy on-site, and
4. Be seen: monitor, verify and report on energy performance.

3.22 Our Net Zero Carbon policies follow this hierarchy in that the 'energy efficiency' requirements incorporate steps 1 and 2 above, and the 'renewable electricity' requirements fall within step 3.

3.23 Where it is not feasible or viable to comply with all of the policy requirements, the Council will require applicants to first demonstrate compliance with the earlier parts of the hierarchy before investing in the later parts.

3.24 Where policy requirements are expressed in terms of Building Regulations metrics, proposals should provide data that is consistent with the building performance metrics set out in the Government’s response to the Future Homes Standard consultation (January 2021) or any subsequent set of metrics required through the Building Regulations.

3.25 On all new dwellings and commercial development over 1,000m2 we will expect the development to be tested through the most up-to-date SAP calculations to reveal the energy performance gap between design and construction. For sites of over 10 dwellings where standard house types are used, a representative sample of at least 20% of all dwellings (and including all house types) shall be tested. The Council may select which 20% of the dwellings shall be tested.

3.26 The optional enhanced energy efficiency targets (space heat demand and EUI), these calculations must be performed using PHPP, CIBSE TM54 or an equally accurate predictive energy modelling methodology. SAP and SBEM are not considered suitably accurate for those optional enhanced targets (see glossary at Appendix 10)

3.27 'Energy efficiency features' includes any features in the building that reduce energy demand, compared to the notional building established in Part L 2021. This includes heating system choices, as well as fabric/lighting/fans and pumps. For example in dwellings, a switch from the Part L 2021 notional dwelling's specified gas boiler to a heat pump would be considered an energy efficiency feature, not a renewable energy feature. In non-residential buildings, Part L 2021 does not define a notional type of heating system, but any choice of a heating system product with greater efficiency than the Part L notional efficiency for that heating system type would contribute towards Cherwell's 'energy efficiency' targets.

The Energy Statement

3.28 As a minimum, energy statements for detailed proposals should contain the following information:

a. A calculation of the energy demand and carbon emissions covered by Building Regulations and, separately, the energy demand and carbon emissions from any other part of the development, including plant or equipment, that are not covered by the Building Regulations (i.e., the unregulated emissions), at each stage of the energy hierarchy (energy demand reduction, clean/efficient energy supply, renewable energy generation);

b. Confirmation of offsetting arrangements, if required;

c. Proposals to reduce carbon emissions and energy use beyond the standards set by the Building Regulations Part L 2021, through the energy-efficient design of the site, buildings and services;

d. (In major development) Proposals for demand-side response, specifically through installation of smart meters, minimising peak energy demand and promoting short-term energy storage, as well as consideration of smart grids and local microgrids where feasible;

e. (In development of ≥50 homes or 5,000m2 floor space) A plan for monitoring and annual reporting of energy demand, renewable energy generation and carbon emissions in occupation for at least five years;

f. Proposals explaining how the site has been future-proofed to achieve zero carbon on-site emissions by 2050, where this is not already expected to be achieved on completion of the development;

g. Where necessary, an embodied carbon emissions assessment, and actions to reduce these;

h. Analysis of the expected cost to occupants associated with the proposed energy strategy;

i. Proposals that connect to or create new heat networks should include details of the design and specification criteria and standards for their systems;

j. Proposals to address air quality risks, where a separate air quality assessment has not been undertaken.

3.29 For outline applications, with limited confirmed detail the energy statement should:

• Give as much of the confirmed detail as possible, for example by identifying a sample of typologies that are reasonably representative of the anticipated development, and an assessment of the most suitable renewable energy technologies at this site for the proposed development mix taking into account the available and necessary utilities infrastructure to support these.
• Demonstrate that the applicant has identified ways that the development could credibly comply with the policies and has anticipated the associated costs of this, for example by identifying a combination of fabric, services and utilities provision that would meet the policies in the sample typologies as above

3.30 Developers will be required to perform and submit SAP or SBEM (Simplified Building Energy Model) calculations at the pre-planning stage, within the energy statement; and at post-construction, but preoccupation, using figures from the building constructed. In very large schemes it may be acceptable to do the post-construction calculations using values from a representative sample of buildings that the Council may select.

3.31 Calculations for all carbon reductions should be performed using the latest available version of the SAP methodology (currently SAP 10.2) or SBEM in the case of non-residential developments. If the developer proposes to pursue the optional enhanced energy efficiency targets (space heat demand and EUI) these calculations must be performed using PHPP, CIBSE TM54 (see Glossary at Appendix 10) or an equally accurate predictive energy modelling methodology (SAP and SBEM are not suitable for those optional targets). Where the completed building fails to meet the required standard, reasonable remediation measures will be required. Any residual operational carbon emissions (regulated and unregulated) will be required to be offset whether identified at application stage or pre-occupation stage, unless this is demonstrated to be unviable.

3.32 To ensure the energy performance gap is minimised, we recommend the use of a recognised quality assurance process that ensures the ‘as built’ performance (energy use, carbon emissions, indoor air quality, and overheating risk) matches the calculated design performance of buildings. Examples of these include BEPIT (Building Energy Performance Improvement Toolkit), the Passivhaus accreditation process, the Assured Performance Process (NEF/GHA), and (in non-residential) NABERS(UK) Design for Performance.

Renewable Energy Requirements

3.33 The energy demand to be met with renewable technologies should be calculated using the following methodologies:

• Regulated energy: SAP or SBEM methodologies (latest versions available);
• Unregulated energy: SAP Appendix L or BREDEM (homes) or CIBSE TM54 (non-residential buildings), and/or
• Alternatively, total energy demand may be calculated using CIBSE TM54 or the Passivhaus Planning Package.

3.34 The Council may consider other methodologies if appropriate.

3.35 Where full compliance with the renewable energy targets is not feasible or viable proposals must:

i. Demonstrate through the energy statement that additional renewable, zero and low carbon energy technologies have been provided to the greatest extent feasible and viable, and

ii. Incorporate ‘zero carbon ready’ (as opposed to immediately providing ‘low/zero carbon’) technologies.

3.36 Wherever possible, all developments should maximise opportunities for on-site electricity and heat production from solar technologies (photovoltaic and thermal) and use innovative sustainable building materials and smart technologies. This approach will reduce carbon emissions, reduce energy costs to occupants, improve energy resilience, and support the growth of green jobs.

3.37 We will expect developers to consider all available zero or low-carbon energy sources so that the energy used in development causes the minimum possible carbon emissions.

3.38 Within the definition of ‘zero carbon technologies’ we will not accept speculative technologies whose transition to zero carbon relies on highly uncertain energy sectoral changes that are technically unproven at scale or whose trajectory is likely to be highly localised for the near future. Examples of technologies that would not count are:

• ‘Hydrogen-ready’ gas boilers (unless it is demonstrated that the development site is in an area earmarked for imminent development of a green hydrogen grid)
• Fossil-fuel powered CHP, unless there is a concrete credible, funded and time-bound plan to imminently transition the system to an electrical or fossil-free energy source
• Fossil-fuel powered heat system that relies on future carbon capture technology, unless at the time of the application it is proven that this technology is available, viable and suitable within the near future of the system supplying the development, with a concrete credible, funded and time-bound plan for the future application of that carbon capture technology to that system.

3.39 By contrast, any highly efficient electrically powered technology would count as ‘zero carbon ready’ as there is a credible timeline for the national electricity grid’s transition to net zero carbon. However, this should be counted as an 'energy efficiency' measure rather than a 'renewable energy' measure.

The Offsetting Route to Compliance

3.40 The carbon offsetting function within the policy is designed to enable otherwise desirable development to come forward in a sustainable manner even in the limited situations where it may not be feasible or viable to be net zero carbon on site. The offsetting mechanism does this by financially enabling the Council to fully mitigate the carbon emissions of that development's anticipated energy use, through other interventions within the local area.

3.41 Carbon offsetting as a route to 'net zero' compliance will only be acceptable where the applicant demonstrates that achieving net zero operational carbon development via on-site measures (and near-site renewables) is demonstrably unfeasible or unviable, such that offsetting is the only feasible option available to enable necessary development to be brought forward. As such we consider offsetting to be an option of final resort.

3.42 The scope of energy to be offset is the same as the scope of the renewable energy provision: total energy in residential development, or regulated energy only in non-residential development. Offsetting is required only to make up any shortfall in the renewable energy provision, where it is unfeasible to meet the renewable energy target fully on site.

3.43 Using the most up to date Standard Assessment Procedure (SAP) or SBEM (and other appropriate methodologies to assess the unregulated portion of energy use as applicable to the development type, as stated in the supporting text on renewable energy calculations), planning applications will be required to set out in full the anticipated annual energy use of the proposed development after deducting the annual renewable energy generation. This is the amount of energy to be offset.

3.44 Contributions to an offsetting scheme shall be secured through Section 106 Agreements and will be required to be paid prior to the occupation of the development.

3.45 The offsetting charge will be set per kWh, rather than per tonne of carbon emissions. This price may be updated annually, but initially will start at £1.52/kWh, which is derived from national estimations of the cost per kWp of solar panel installations in combination with the kWh output per kWp of solar panels taking into account Cherwell's annual sunlight.

3.46 It is anticipated that the offsetting fund will be ring-fenced for delivery of renewable energy within the district or within a wider Oxfordshire energy offsetting scheme. Further details of how this policy will be implemented will be set out in the Council’s Developer Contributions SPD.

Policy CSD 2: Achieving Net Zero Carbon Development - Residential

All new dwellings should achieve net zero operational carbon from total energy use (regulated and unregulated) by implementing the energy hierarchy as follows:

i. Achieve a ≥63% reduction in regulated emissions on site, compared to the Target Emissions Rate (TER) set by Building Regulations Part L 2021, to be achieved via energy efficiency improvements (i.e. before the addition of renewable electricity);

ii. As a step towards achievement of the TER improvement specified in point i above, achieve the following improvement (reduction) on the Building Regulations Part L 2021 Target Fabric Energy Efficiency (TFEE), as applicable to each of the following dwelling typology:

• End terrace: ≥12%
• Mid terrace: ≥16%
• Semi-detached with room in roof: ≥15%
• Detached: ≥17%
• Bungalow: ≥9%
• Flats / apartments: ≥24% (weighted average, whole block).

All of the above should be calculated using SAP10.2 or later version.

iii. Positive weight will be given where the following optional energy efficiency benchmarks are achieved, demonstrated via an accurate predictive energy modelling methodology*:

a. Space heat demand ≤20kWh/m2/year

b. Total energy use intensity ≤35kWh/m2/year;

iv. Subsequent to points (i) and (ii) above, deliver sufficient renewable electricity generation capacity on-site (or near-site with a private supply to site) to at least equal the development's estimated total annual energy demand (regulated and unregulated energy), or 120kWh/m2 footprint/year, and

v. Where it is demonstrated that it is not feasible to fully meet the renewable electricity provision sought in point (iv) above, the shortfall should be calculated and offset to zero. Offsetting shall be via a set price per annual kWh, paid to the Council's offsetting fund or Council-approved equivalent local scheme.

Developments of 50 or more new dwellings will be required to monitor and report energy performance for the first 5 years of occupation.

The use of fossil fuels or connection to the gas grid will not be acceptable.

All development proposals will be required to be supported by a detailed energy statement that demonstrates how the net zero carbon target will be met within the framework of the energy hierarchy.

Where full compliance is not feasible or viable, proposals must demonstrate via the Energy Statement that carbon reductions to the greatest extent feasible and viable have been implemented in accordance with the energy hierarchy, quantifying the improvements achieved at each of the energy hierarchy stages.

*SAP is not an accurate predictive energy modelling methodology and will not be suitable to demonstrate the achievement of these benchmarks. One suitable methodology is PHPP. Other methodologies may be considered by the Council, based on evidence from the applicant to demonstrate the predictive accuracy of the methodology and input from the Council’s internal expertise and/or independent advisors.

All new non-residential development of 500m2 or more should achieve net zero operational carbon emissions from regulated energy uses by implementing the energy hierarchy as follows:

i. Achieve the following minimum reductions in regulated carbon emissions on site, compared to the carbon Target Emissions Rate (TER) set by Building Regulations Part L 2021, with demonstration that as much of the reduction is through energy efficiency improvements as feasible:

• Offices: ≥25% reduction
• Schools: ≥35% reduction
• Industrial buildings: ≥45%
• Hotels and residential institutions (class C2, C2a and C5): ≥10%
• Other non-residential buildings: ≥35%;

ii. Positive weight will be given where the following optional energy efficiency benchmarks are achieved, demonstrated via an accurate predictive energy modelling methodology:

• Space heat demand ≤20kWh/m2/year
• Total energy use intensity ≤65kWh/m2/year;

iii. Subsequent to points (i) and (ii) above, deliver sufficient renewable energy generation capacity on-site (or near-site with a private supply to site) to at least equal the development's estimated annual regulated energy demand, or 120kWh/m2 footprint/year wherever feasible, and

iv. Where it is demonstrated not feasible to fully meet the renewable electricity provision sought in point (iii) above, the shortfall should be calculated and offset to zero. Offsetting shall be via a set price per annual kWh of shortfall, paid to the Council's offsetting fund or council-approved equivalent local scheme.

Developments of 5000m2 or more will be required to monitor and report energy performance for the first 5 years of occupation.

The use of fossil fuels or connection to the gas grid will not generally be considered acceptable.

All development proposals will be required to be supported by a detailed energy statement that demonstrates how the net zero carbon target will be met within the framework of the energy hierarchy.

Where full compliance is not feasible or viable, proposals must demonstrate via the Energy Statement that carbon reductions to the greatest extent feasible and viable have been implemented in accordance with the energy hierarchy, quantifying the improvements achieved at each of the energy hierarchy stages.

Policy CSD 4: Improving Energy and Carbon Performance in Existing Buildings

3.47 As existing buildings vary so much in type and condition it is difficult to set targets that are universally feasible and viable for all qualifying applications. However, we want to encourage improvements to the energy efficiency of existing buildings wherever possible to assist in meeting our climate change ambitions. Reuse of existing buildings is also desirable to save embodied carbon, so we do not want to set targets that would encourage demolition and replacement rather than refurbishment and adaptation.

Policy CSD 4: Improving Energy and Carbon Performance in Existing Buildings

Applications relating to an existing building which propose to include works that will significantly improve the energy and carbon performance of that building will be encouraged. This could include, in order of the energy hierarchy:

• Energy efficiency improvements
• Switching to lower-carbon energy supply (a direct supply, not simply a renewable tariff)
• Adding renewable energy generation capacity
• Adding 'smart' energy features that reduce total or peak grid energy demand, such as demand-side response, smart local grids, or energy storage capacity where there is already renewable energy generation at the site.

Major applications relating to existing buildings (10+ homes or 1000m2 floorspace), should include an energy statement showing how opportunities for energy and carbon performance improvements have been explored, and implemented where suitable, feasible and viable, with their improvement effect quantified.

Policy CSD 5: Embodied carbon

3.48 Embodied carbon is the greenhouse gas emitted to create and maintain buildings, as opposed to the energy used to run the building. This can cover two different 'scopes':

• 'Up-front' embodied carbon is emitted from all stages of material extraction to completion of the building
• 'Whole life' embodied carbon includes 'up-front' embodied carbon plus the maintenance, demolition and disposal of the building.

3.49 Embodied carbon is a significant proportion of new buildings' total carbon impact (34-75%) and is becoming an even bigger proportion as new builds get more energy-efficient and run on cleaner energy.

3.50 Embodied carbon is not addressed by Building Regulations or other national incentives on building design or construction.

3.51 There is a single industry-accepted methodology to account for embodied carbon, set by the Royal Institute of Chartered Surveyors (RICS).

3.52 Architect industry body RIBA and energy experts network LETI have established benchmarks for upfront embodied carbon ranging from A++ (best) to G (worst):

Table 1: Embodied carbon

Rating	Office	Residential	Education	Retail
A++	<100	<100	<100	<100
A+	<225	<200	<200	<200
A	<350	<300	<300	<300
B	<475	<400	<400	<425
C	<600	<500	<500	<550
D	<775	<675	<625	<700
E	<950	<850	<750	<850
F	<1,100	<1,000	<875	<1,000
G	<1,300	<1,200	<1,100	<1,200

3.53 Policy CSD 5 requirements reflect the upper limit of 'band D' in this benchmarking system. While not representing an improvement on the standard practice in Oxfordshire, this seeks to reduce embodied carbon by supporting best practice in design and construction.

Policy CSD 5: Embodied carbon

Proposals for new development of ≥1 homes or ≥100m2 floor space should include a general narrative on options considered (and where possible, implemented) to minimise embodied carbon.

Major development (≥10 homes or ≥1000 m2 floorspace) that contains existing buildings/structures should carry out a pre-redevelopment or pre-demolition audit following an established industry best practice method, with the aim of maximising retention and/or reuse of existing materials.

All major new developments (≥10 dwellings or ≥1000 m2 floorspace) should also complete a whole-life carbon assessment in accordance with RICS Whole Life Carbon Assessment method, unless this would demonstrably be nonviable.

All large-scale major development (≥50 dwellings or ≥5000m2 floor space) should limit up-front embodied carbon to 675kgCO2e/m2 GIA. 'Up-front' means modules A1 – A5 in the RICS Whole Life Carbon Assessment methodology, which should be used to demonstrate compliance with the target limit. 

Policy CSD 6: Renewable Energy

3.54 The way we produce energy has evolved with increasing renewable energy generation, particularly solar and offshore wind. There has also been a move to de-centralisation and smaller, community, renewable energy schemes are becoming more common.

3.55 Cherwell is Oxfordshire’s second largest renewable energy producer. Except for a small dip in 2019, renewable energy generation in the district has increased every year since 2015. We therefore need to consider the land use implications of meeting future renewable energy generation requirements necessary for local and national carbon reduction targets.

3.56 We recognise the need to provide a positive framework for renewable and low carbon energy generation and also acknowledge that national policy makes clear that such schemes are no longer required to justify the need for them. Additionally, we recognise the proposed changes to national policy introduce an expectation that local planning authorities should "give significant weight to any renewable and low carbon proposals that contribute to a net zero future.

3.57 However, development, including wind and solar energy developments, within the district needs to be managed carefully to maximise their potential contribution towards energy needs, whilst at the same time ensuring that the important characteristics of our environment and landscape are not unacceptably harmed. Agriculture and food production are also very important to the local and national economy and we will seek to ensure that productive agricultural land is not blighted by such proposals. New and emerging technologies such as agrivoltaics will be encouraged.

3.58 In 2019 we commissioned a study to identify areas of potential suitability for wind energy development within the district. The study involved two key tasks, firstly, an assessment of the technical potential for wind energy within the area, and secondly, an analysis of the sensitivity of the landscape within the district to wind turbines. The Study concluded that the potential for wind generation sites within the district was very limited.

3.59 The Study did, however, conclude that there may be scope for some limited development for turbines of less than 50 metres (to tip). Any proposals for such turbines will therefore be considered on their merits having regard to national advice, the findings of the 2019 Study, together with a site-specific assessment and design considerations.

3.60 When assessing proposals for renewable energy the cumulative impacts of existing operational consented and proposed developments will need to be considered and, if necessary, suitable mitigation measures proposed, to minimise impacts on biodiversity, landscape character, agricultural production, heritage and public rights of way. Applicants will need to demonstrate that cumulative effects do not become a significant or defining characteristic of the wider landscape.

3.61 Community energy has the potential to deliver significant long-term benefits to local communities including reduced energy bills and increased energy sustainability and security. Community energy can also help foster greater support and acceptance of renewable energy development. Renewable energy developments that are genuinely led by or meet the needs of local communities will be encouraged and supported. The neighbourhood planning process provides a good opportunity for the detailed consideration of such community energy schemes.

Policy CSD 6: Renewable Energy

The Council will support renewable and low-carbon energy provisions providing any adverse impacts can be addressed satisfactorily.

Planning applications involving renewable energy development will therefore be supported provided that any adverse impacts, including cumulative impacts, can be addressed satisfactorily. Issues, considered to be of particular local significance in Cherwell include:

i. Landscape and biodiversity including national and local designations, protected habitats and species, Nature Recovery Networks and Conservation Target Areas;

ii. Visual impacts on local landscapes;

iii. Best and most versatile agricultural land and food production;

iv. The historic environment including designated and non-designated heritage assets and their settings;

v. The Green Belt, particularly visual impacts on openness;

vi. Aviation activities;

vii. Public rights of way and pedestrians, cyclists and equestrians;

viii. Highways and access issues, and

ix. Residential amenity.

x. Mineral safeguarding areas.

Policy CSD 7: Sustainable Flood Risk Management

3.62 The probability of flooding can be reduced through the management of land, river systems and flood defences, and the impact reduced by controlling the type of development allowed to be located in floodrisk areas. National planning policy sets out Flood Zone definitions and Flood risk vulnerability and flood zone compatibility.

3.63 Our Level 1 Strategic Flood Risk Assessment (SFRA) provides the framework for applying the sequential and exceptions tests in the district. The SFRA identifies and maps the risk of flooding across the district based on a range of data and taking into account the predicted climate change impacts and is a useful source of information in undertaking site-specific flood risk assessments particularly in relation to specific locations across the district. The SFRA also highlights the biodiversity opportunities associated with the use of sustainable flood risk management techniques, for example in enhancing or creating priority habitats such as grazing marsh, wet grassland, wetlands and aquatic habitats (particularly so in the Conservation Target Areas).

3.64 We have also prepared Level 2 SFRA’s to assess the level of Flood Risk for some proposed site allocations in more detail. These assessments provide site-specific guidance for flood risk assessments, policy recommendations and Sustainable Drainage Systems (SuDS) guidance.

Policy CSD 7: Sustainable Flood Risk Management

The Council will manage and reduce current and future flood risk in the district using a sequential approach to development, applying the Sequential Test and where necessary, the exceptions test in accordance with national policy and guidance and locating vulnerable development in areas at lower risk of flooding. Any residual risk will be managed taking account of the impacts of climate change. Development will only be permitted in areas of flood risk when there are no reasonably available sites in areas of lower flood risk and the benefits of the development outweigh the risks from flooding.

In addition to safeguarding floodplains from development, opportunities will be sought to restore natural river flows and floodplains to help reduce flood risk to local communities as well as increasing their amenity and biodiversity value. Building over or culverting of watercourses should be avoided and the removal of existing culverts will be encouraged.

Existing flood defences will be protected from damaging development and where development is considered appropriate in areas protected by such defences it must allow for the maintenance and management of the defences for the lifetime of their development and be designed to be resilient to flooding.

Site specific flood risk assessments will be required to accompany development proposals in the following situations:

• All development proposals located in flood zones 2 and 3
• Development proposals of 1 hectare or more located in flood zone 1
• Development sites located in an area known to have experienced flooding problems
• Development sites located within 9m of any watercourse.

Flood risk assessments should assess all sources of flood risk over the lifetime of the development, taking into account the latest climate change guidance, and demonstrate that:

• Flood water will be managed effectively on site and the development will not increase flood risk elsewhere, including sewer flooding
• There will be no increase in surface water discharge rates or volumes during storm events up to and including the 1 in 100 storm event with an allowance for climate change (the design storm event)
• Developments will not flood from surface water up to and including the design storm event or any surface water flooding beyond the 1 in 30 year storm event, up to and including the design storm event will be safely contained on site.

Development should be safe and, where necessary, remain operational. Development should provide an appropriate freeboard above the design flood level taking account of climate change and set floor levels above this level. Where flood risk is significant and access may be compromised in extreme events, a comprehensive Emergency Flood Plan shall be provided to help manage any residual risk. Where possible, opportunities to reduce flood risk at sites and downstream will be identified and provided.

Policy CSD 8: Sustainable Drainage Systems (SuDS)

3.65 Potential flooding and pollution risks from surface water can be reduced by reducing the volume and rate of water entering the sewerage system and watercourses. Managing drainage more sustainably in this way can ensure that developments are better adapted to the predicted impacts of climate change.

3.66 SuDS seek to manage surface water as close to its source as possible, mimicking surface water flows arising from the site prior to the proposed development. Typically, this approach involves a move away from piped systems to softer engineering solutions. Where site specific Flood Risk Assessments are required to be submitted to accompany development proposals these should be used to investigate how SuDS can be used on particular sites and to design appropriate systems.

3.67 In considering SuDS solutions, the need to protect water quality must be considered, especially where infiltration techniques are proposed. Where possible, multiple benefits including for recreation and wildlife should be delivered. Proposals must include an agreement on the future management, maintenance and replacement of the drainage structures.

3.68 Advice on SuDS and their various techniques is provided in our Level 1 SFRA.

Policy CSD 8: Sustainable Drainage Systems (SuDS)

All development will be required to use sustainable drainage systems (SuDS) In line with the SuDS sustainable hierarchy for the management of surface water run-off. Suds are required to be considered from the earliest stage of site design to ensure they are fully integrated into the development and that the greatest multifunctional benefits are realised.

Where site specific Flood Risk Assessments are required in association with development proposals, they should be used to determine how SuDS can be used on particular sites and to design appropriate systems.

In considering SuDS solutions, the need to protect ground water quality, with specific additional protection of areas of principal aquifers and within Source Protection Zones, and biodiversity must be taken into account, especially where infiltration techniques are proposed. Infiltration SuDS will not normally be acceptable in areas of former or current land contamination. SuDS are required to reduce flood risk, reduce pollution, and provide landscape and wildlife benefits. SuDS proposals must include an agreement on the future management, maintenance and replacement of the SuDS features. Advice should be sought from Oxfordshire County Council as the relevant Lead Local Flood Authority (LLFA) including by reference to the Oxfordshire Flood Toolkit.

Sustainable Drainage Systems are required to maximise biodiversity and amenity value, taking full advantage of opportunities for habitat creation and enhancement and improvement to water quality in line with the Water Framework Directive.

Policy CSD 9: Water Resources and Wastewater infrastructure

3.69 In considering development proposals, we will seek to reduce the impact of development on the water environment, maintain water quality, ensure adequate water resources and promote sustainability in water use. Some development can also remediate contaminated land which may be having an adverse impact on controlled water and human health.

3.70 Cherwell District lies within an area of serious water stress and the Upper Cherwell area, including Banbury, has been over abstracted. We will also ensure that new development incorporates water efficiency measures, thereby reducing overall demand.

3.71 We will seek to protect and enhance water quality including surface water and groundwater; ensure adequate water resources, foul drainage and sewerage treatment capacity; and, promote sustainable water use. Water quality will be protected and enhanced by avoiding adverse effects of development on the water environment.

Policy CSD 9: Water Resources and wastewater infrastructure

Development proposals which would adversely affect the water quality of surface or underground water bodies, including rivers, canals, lakes, groundwater and reservoirs, or habitats which are water dependent, as a result of directly attributable factors, will not be permitted. Where it is likely that a proposal would have a significant adverse impact on water quality then a more detailed assessment will be required. The assessment should form part of the Environment Statement.

Development that has the potential to reduce water quality will not be permitted in sensitive areas, particularly those within the vicinity of drinking water supplies and those protected under the Water Environment Regulations 2017.

Water quality will be maintained and enhanced by avoiding adverse effects of development on the water environment. Development proposals which would adversely affect the water quality of surface or underground water bodies, including rivers, canals, lakes, groundwater and reservoirs, as a result of directly attributable factors, will not be permitted.

Development will only be permitted where adequate water resources exist or can be provided without detriment to existing uses. Where appropriate, phasing of development will be used to enable the relevant water infrastructure to be put in place in advance of the development commencing.

New homes are required to be designed to a water efficiency standard of 110 litres/head/day (l/h/d).

Developers are encouraged to contact the water/waste water company as early as possible to discuss their development proposals and intended delivery programme to assist with identifying any potential water and wastewater network reinforcement requirements. Where there is a capacity constraint the Council will, where appropriate, apply phasing conditions to any approval to ensure that any necessary infrastructure upgrades are delivered ahead of the occupation of the relevant phase of development.

The development or expansion of water supply or waste water facilities will be supported, either where needed to serve existing or proposed development, or in the interests of long term water supply and waste water management, provided that the need for such facilities outweighs any adverse land use or environmental impact and that any such adverse impact is minimised. 

Policy CSD 10: Protection of the Oxford Meadows SAC

3.72 Part of the Oxford Meadows Special Area of Conservation (SAC) is located in the southwest corner of the district. The SAC receives statutory protection under the Conservation of Habitats and Species Regulations 2017 (as amended). The Oxford Meadows SAC has a set of Conservation Objectives and a Site Improvement Plan.

3.73 It has been designated as internationally important due to the lowland hay meadow habitats it supports. The site includes vegetation communities that are potentially unique in the world (due to the influence of long term grazing and hay-cutting). The site has been traditionally managed for several centuries and so exhibits good conservation of structure and function. It is also designated as internationally important as it supports creeping marshwort, being one of only two known sites in the UK that support this plant species. The River Thames flows through the centre of the site and the hydrological regime makes an important contribution to the integrity of the site in supporting these habitats and species.

3.74 The SAC receives groundwater supplies from the River Cherwell and the River Thames (and their catchments). Alteration to adjacent rivers or obstruction of natural groundwater flows may alter the flooding regime of the SAC and lead to a degradation of the internationally important habitats and biodiversity that it supports. However, the current groundwater recharge could be maintained using Sustainable Drainage Systems, including porous surfacing, which maintains infiltration of groundwater without exacerbating flood risk.

3.75 If new development is situated next to watercourses that flow into the River Thames upstream of the SAC, it is possible that there could be a decrease in water quality flowing through the SAC during the construction and the operation of the development. This could potentially alter or prevent the nutrient enrichment of the habitats and species that the SAC supports, leading to degradation or loss.

3.76 Our aim is to prevent any obstruction of groundwater flows and to improve the water quality, to maintain and improve the stability of the hydrological regime within the SAC and therefore its integrity as a site of international importance.

Policy CSD 10: Protection of the Oxford Meadows SAC

All new development proposals will be required to demonstrate that:

i. They have undertaken comprehensive pre-application engagement with the relevant statutory organisations in relation to their development proposals relationship with the Oxford Meadows SAC;

ii During construction of the development there will be no adverse effects on the water quality or quantity of any adjacent or nearby watercourses;

iii. During operation of the development any run-off of water into adjacent or surrounding watercourses will meet Environmental Quality Standards (and where necessary oil interceptors, silt traps and Sustainable Drainage Systems will be included);

iv. New developments should seek to improve the water quality and the hydrological regime of the Oxford Meadows SAC and they must not significantly alter groundwater flows;

v. Run-off rates of surface water from the development will be maintained at greenfield rates.

Policy CSD 11: Protection and Enhancement of Biodiversity

3.77 Cherwell has a number of areas of high ecological value including sites of international and national importance. The district is home to many legally protected species as well as priority species and habitats. Much of this biodiversity resource is mapped by the Thames Valley Environmental Records Centre (TVERC) and this is used as an information source by local authorities and conservation organisations. The data has also been used to identify 32 Conservation Target Areas, the interim Nature Recovery Network map and the emerging Local Nature Recovery Strategy across Oxfordshire. Wild Oxfordshire’s ‘State of Nature in Oxfordshire 2017’ report highlighted the need for investment in nature and wildlife and conservation action to help recover species and habitats in the County.

3.78 Other sites of national importance include Sites of Special Scientific Interest (SSSIs) and National Nature Reserves (NNRs). There are 18 SSSI’s wholly or partly within Cherwell covering approximately 1.1% of the district.

3.79 Sites of regional/local importance include Local Geological Sites (LGSs), Local Nature Reserves (LNRs), Local Wildlife Sites, non-statutory nature reserves and other sites of importance for nature conservation including District Wildlife Sites (DWSs – value at a district level due to the presence of important habitats and species and community benefit), ancient woodland, aged or veteran trees, and UK Biodiversity Action Plan (BAP) Priority Habitats (habitats of principal importance for the conservation of biodiversity under Section 41 of the NERC Act). Cherwell contains 13 LGSs, 4 LNRs, 89 Local Wildlife sites (completely or partly within the district), 13 proposed LWSs and proposed extensions to 27 DWS’s and 37 proposed DWS’s (as of October 2022). A live list of Local Wildlife Sites and associated maps are available on the TVERC website.

3.80 It is not just designated sites that are of importance to the biodiversity resource of the district. Areas adjacent to designated sites can be of value as they can form part of the overall ecological unit and may provide important linkages. Moreover, landscape features such as hedgerows, woods, trees, rivers/riverbanks, ponds and floodplains can be of importance both in urban and rural areas, and often form wildlife corridors and stepping stones. Similarly, it is not just greenfield sites that can be of value; previously developed land can also make an important contribution to biodiversity. Previously developed land can form important habitats in their own right and some development can remediate contaminated land that may be having an adverse impact on ecology.

3.81 It is important that any features of value are identified early in the planning process so that adequate measures can be taken to secure their protection. Developers will be expected to retain, incorporate and enhance such features within a site wherever possible and adequate measures should be taken to protect them from damage during construction. Networks of habitats including trees will be protected from development and where possible strengthened by it.

3.82 This Plan seeks to create a biodiversity net gain legacy, in perpetuity. There are a number of features which can be incorporated into developments to encourage biodiversity including green and brown roofs, green walls, SUDs, using native and locally characteristic species in landscaping schemes, and using landscaping to link up existing areas supporting biodiversity. Provision of integrated bat, bird and invertebrate bricks will be sought at a ratio of one per new dwelling or equivalent (albeit these may be best clustered), with swift bricks particularly encouraged. Where possible, boundaries and fencing should be made permeable to wildlife or designed to encourage connectivity for species such as hedgehogs. Further guidance on incorporating features into residential development to encourage biodiversity can be found in the Cherwell Residential Design Guide SPD and BBOWT’s “Homes for People, Homes for Wildlife” which was endorsed by the Council in 2018.

3.83 Relevant habitat and species surveys and associated reports will be required to accompany planning applications which may affect a site of known biodiversity value or the biodiversity/natural environment of the local area. A biodiversity survey and report will also be required where it is likely that previously unrecorded biodiversity interest may be present which, could be affected by the development. All developments impacting hedgerows around Bicester will require surveys carried out for the brown hairstreak butterfly. Surveys should include consideration of the site’s value as a wildlife corridor and the contribution it makes to ecological networks. In addition to identifying biodiversity impacts, biodiversity surveys and reports should identify opportunities to deliver biodiversity enhancements.

• Core zone comprising the most important sites for biodiversity including all nationally and locally designated sites, nature reserves, priority habitats and ancient woodland. The focus is to protect and manage these important sites to support the greatest amount of biodiversity and ecosystem services, restore them to favourable condition, and avoid habitat damage to or increase fragmentation.
• Recovery zone comprising Conservation Target Areas, (CTAs) important freshwater areas, areas to provide improved habitat connectivity and linkages to buffer and connect core sites or provide stepping stones between them. New development will be expected to contribute to the target habitats and species of the CTAs and specific projects identified in Nature Recovery Plans and Projects.
• Wider landscape zone comprising the remainder of the district, where the focus is on strengthening the character of the landscape, including agricultural and urban landscapes, and making nature accessible, including restoration or creation of hedgerows and other landscape features, managing farmland or improving access to the countryside.

Policy CSD 11: Protection and Enhancement of Biodiversity

All new development proposals will be expected to make a positive contribution to Cherwell’s nature recovery through the protection, restoration and expansion of protected sites, habitats and species. Their adaptation to climate change and improving connections between wildlife corridors and protected sites at a landscape scale should be facilitated in line with the hierarchy of designations set out in legislation and the draft NRN zones:

i. Development which is likely to have an adverse effect on the integrity of a Special Area of Conservation (SAC), Special Protection Area (SPA) and/or Ramsar site will not be permitted*;

ii Development which would result in the loss or deterioration of irreplaceable habitats such as ancient woodland, will not be permitted unless there are exceptional reasons where public benefit clearly outweighs the loss or deterioration and a suitable compensation strategy is agreed;

iii. Development which is likely to have a significant adverse impact on nationally important sites, namely Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNRs), will not be permitted unless the benefits of the development clearly outweigh the harm it would cause to the site and the wider national network of SSSIs and NNRs and the loss can be mitigated to achieve a net gain in biodiversity, and

iv. Development which would result in damage to or loss of a site of biodiversity or geological value of regional or local importance, or impacts Priority/Section 41 habitats and species will not be permitted unless the benefits of the development clearly outweigh the harm it would cause to the site and can be fully mitigated to achieve a biodiversity gain for both species and habitats.

Any development with the potential to impact on a SAC, SPA and/or Ramsar site will be subject to Habitats Regulations Assessment and will not be permitted unless it can be demonstrated that there will be no adverse effects on the integrity of the international site, either alone or in combination with other plans and projects, or that effects can be mitigated to avoid any effect on integrity.

All development proposals will be expected to incorporate features to enhance biodiversity such as biodiverse green and brown roofs, green walls, Sustainable Drainage Systems (SuDS) open water features and, soft landscaping, in addition to retaining and enhancing existing features of nature conservation value within the site.

New dwellings will be expected to provide integrated bird or bat provision at a minimum equivalent ratio of one per new dwelling.

Development proposals are expected to be designed to create areas of new habitat and provide appropriate links and corridors between new and existing ecological networks, including those identified in the Council's Green and Blue Infrastructure Strategy, avoiding and reversing fragmentation and species isolation.

Relevant habitat and species surveys proportionate to the nature and scale of development proposed will be required to accompany planning applications that may affect a site, habitat or species of known or potential ecological value.

Where, having followed the mitigation hierarchy, there is an unavoidable requirement for offsite biodiversity compensation to offset any harm as a result of the development, this should be proportionate in scale to the proposed development.

Planning conditions/obligations will be used to help deliver the Conservation Target Areas habitat and species targets and those within the emerging Local Nature Recovery Strategy where appropriate.

Any new development will be required to secure the management and monitoring of biodiversity features created on-site and those created off-site for at least 30 years, to compensate for development impacts, through a Habitat Management and Monitoring Plan or Ecological Enhancement Scheme.

Major development proposals are expected, and minor development proposals are encouraged, to deliver measures that promote a sense of community ownership of green spaces and habitats.

*Unless it meets the relevant subsequent legal tests (Imperative Reasons of Overriding Public Interest and No Alternatives) and provides adequate compensation.

Policy CSD 12: Biodiversity Net Gain

3.85 Under the Environment Act 2021, all planning permissions granted in England (with a few exemptions) must deliver at least 10% Biodiversity Net Gain (BNG). BNG is measured using DEFRA’s statutory biodiversity metric and habitats will need to be secured for at least 30 years.

3.86 In line with the requirements of the Environment Act, the Council will expect all development proposals, except those which are exempt, to demonstrate a minimum 10% increase in BNG and will encourage applications to consider achieving higher net gains.

3.87 Development proposals will need to be supported by a statement outlining how BNG has been addressed.

3.88 In assessing BNG the Council will firstly consider proposals against the ‘mitigation hierarchy’ as illustrated by Figure 1.

3.89 Net gain is additional to the hierarchy and will only be applied once the impacts of the development on biodiversity have been avoided, mitigated and compensated.

3.90 The Biodiversity Gain Hierarchy takes the following approach:

• Avoid or reduce biodiversity impacts through site selection and layout;
• Enhance and create habitats to achieve biodiversity gains on-site;
• Create or enhance off-site habitats (either on other land which the developer owns, agreements with other landowners, or through the purchase of biodiversity units from third party habitat banks), and
• Use national statutory biodiversity credits (as a last resort where there is no viable local alternative).

3.91 Where off-site delivery of BNG is required, this should take place at opportunities identified in the Council's Green and Blue Infrastructure Strategy, within areas identified in the emerging LNRS or within the core or recovery zone of the NRN, with measures put in place to ensure biodiversity net gain is maintained long term.

Policy CSD 12: Biodiversity Net Gain

Unless exemptions apply, development will be required to demonstrate a minimum of 10% net gain in biodiversity (measured using the DEFRA Statutory biodiversity metric) by protecting, enhancing and creating habitats of biodiversity value, in addition to recognising the wider benefits from natural capital and ecosystem services. At least 20% biodiversity net gain will be sought in the Nature Recovery Network Core and Recovery zones, and the strategic allocations in this Plan.

Exempted development must achieve no net loss of biodiversity and should demonstrate biodiversity enhancement to achieve clear overall gains.

All applications should be accompanied by a Biodiversity Net Gain Assessment and Ecological Enhancement Scheme, setting out how the site will be improved and maintained over at least a thirty-year period.

Delivery of biodiversity net gain should follow the Biodiversity gain hierarchy with gains delivered on site as first preference.

Where the required delivery of biodiversity net gain is not possible on-site, gain should be delivered guided by the priorities within the NRN and LNRS, projects identified in the Council's Green and Blue Infrastructure Strategy, or where they can secure the greatest benefits to Oxfordshire’s wildlife and ecosystems.

Biodiversity Net Gain proposals should have regard, and avoid harm to other environmental assets and constraints.