Despite the withdrawal of the Code for Sustainable Homes (CSH) in March 2015 an inspector has refused to delete a condition requiring a development in north London to achieve Level 3 of the Code, finding that it was a ‘legacy’ case (DCS Number 400-014-991).
‘Addressing climate change remains a central tenet of government planning policy. The means of doing so, insofar as the construction of new dwellings is concerned, may have changed since the grant of the original planning permission, but that does not negate the validity of the disputed condition, the development plan policy basis for it or what it seeks to achieve’, the inspector ruled.
This might be good news for the planet, but it contrasts with the decision we reported in Code for Sustainable Homes condition deleted. In that case, (DCS Number 400-009-897), the inspector decided that a condition requiring Level 4 of the Code to be achieved could be deleted following the withdrawal of the CSH. We have to presume that the inspector decided this was not a ‘legacy’ case.
That being so, reports of the death of the CSH have been greatly exaggerated.
The following DCP chapter is relevant: 4.412