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
