Part L and Planning Permission

[henno]

I think you will find it isnt part of the necessary documents to submit an application.

if some councils are asking for it, they are doing so off their own back... and should be applauded for it.

[pico]

It seems so.
For instance, the variation to theDublin City Council’s Development Plan in the Residential Chapter 4 – Policy Resolution 20 and complementary site development standards in Chapter 15 – paragraph 15.9.20.

Policy Residential 20
“That Dublin City Council will seek to promote more sustainable development through energy end use efficiency, increase the use of renewable energy and improve energy performance of all new building developments throughout the City.

This policy objective will be achieved by:
•** Encouraging responsible environmental management in *** construction;
•** Promoting sustainable approaches to housing *** **** *** *** developments by spatial planning, layout, design and *** *** detailed specification;
•** Ensure high standards of energy efficiency in all housing developments and encouraging developers, owners and *** tenants to improve the environmental performance of *** *** the building stock, including the development of *** **** *** renewable energy;
•** Through the phased introduction of a performance *** *** based Building Energy Rating (BER) target for all new *** *** building development greater than 10 dwellings or *** *** *** greater than 1,000 sq. m. floor area for non residential *** and mixed developments.”

Paragraph 15.9.20 Energy Efficiency
“In accordance with Policy Residential 20, the Building Energy Rating (BER – calculated using the Dwelling Energy Assessment procedure, ref. (http://www.sei.ie) target shall require a collective (per sq. m.) average BER rating of a least BI ( on a scale of A to G), effective from 1 January 2008 for residential developments greater than 10 dwellings or greater than 1,000 sq. m. floor area for non residential* and mixed developments.

Accordingly it will be a requirement that all planning applications submitted* to the planning authority after 1 January 2008 include a statement from a competent and qualified person that the proposed development conforms with the energy rating outlined above.

[henno]

it will be interesting to see how they can police this.

If a house is given a B1 rating in a generic provisoinal BER, is this rating going to be specifically tied into a condition of planning. If so, seeing as a final BER is done at the point of occupancy sale or rent, if this then shows that the actual constructed rating is B3 or even B2.... does the certifier refuse to sign off the dwelling and insist remedial work is carried out to upgrade the dwelling????
even though it complies with building regs???

the policing of the BER is legally the remit of the building control authority, who consider 12-15% eximinations of new builds to be a successfull target....!!!!

This is a tricky policy to implement, provisional BERs are only of use if the dwelling is being bought 'off the plans'..... then they would form part of the legal contract, otherwise they are nothing but a generic design document.

[mr]

quick related question:

what ber rating corresponds to the current part L (new dwellings- is it c2/ c3)?

also, what ber rating corresponds to the upcoming revision in 2010 (60% improvement on current levels)?

[henno]

current building regs (part L 2005) will achieve a BER of approx C1 or C2 (depending on the design.)

The new regs (Part L 2007) will achieve approx B2 (EPC 40% reduction over MPEPC)

The aim of the upcoming regs with a 60% reduction in EPC over MPEPC would probably meet min BERs of A3.

obviously these are approximates, with many variables.

[zelemon]

I think you will find it isnt part of the necessary documents to submit an application.

if some councils are asking for it, they are doing so off their own back... and should be applauded for it.

Just when is a preliminary BER due? with the planning or post planning?
Pre constrcution,
Surely not at planning given the changes some planner insisit on mkaing to buildings??