The Appeal related to a disputed condition requiring a replacement bungalow to be built to a minimum of Level 3 of the Code for Sustainable Homes. The council's Core Strategy and Development Control Policies Development Plan Document, which was adopted in February 2008, included policies on energy and resource efficiency, renewable energy and recycling and set out criteria for energy efficient design and use of materials and that all new dwellings should attain a minimum rating of Level 3. The council had also adopted a Sustainable Development Supplementary Planning Document on sustainable design and construction techniques.
The Inspector concluded that as section 38(6) of the Planning and Compulsory Purchase Act 2004 states that regard must be had to the development plan unless material considerations indicate otherwise and that the development plan had a specific requirement for a minimum of Level 3, the condition was both necessary and reasonable as it accords with the Core Strategy policies, the SPD and Planning Policy Statement 1 Delivering Sustainable Development and its supplement Planning and Climate Change.
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