In a case involving the replacement of a bungalow with a new dwelling in Berkshire (DCS Number 400-009-897) the parties all agreed that a condition requiring the house to meet Level 4 of the Code for Sustainable Homes should be deleted. The appellant argued that due to the withdrawal of the Code following a written ministerial statement in March 2015 there was no practical case for the condition to be applied on development yet to commence. The council accepted that if the appeal decision was made after 1 October 2015 the condition should be removed. The inspector decided he had no reason to disagree with this view and noted that the site visit for the appeal took place after this date.
The following DCP chapter is relevant: 4.412