The Code for Sustainable Homes has been the Government’s sustainability standard of choice for residential new build since 2007. However, this was brought to an end by Eric Pickles on 25 March 2015 as part of a Written Statement to Parliament.

The Statement outlined the Government’s policy that performance targets against the Code should be excluded from emerging neighbourhood plans, Local Plans or supplementary planning documents. Furthermore, it was now Government policy that planning permissions should not be granted requiring, or subject to conditions requiring, compliance with any technical housing standards (including the Code) other than for those areas where authorities have policies on access, internal space or water efficiency. With regards to energy, an expectation was expressed that “local planning authorities” (note: this may allow an exemption for the GLA) would not apply energy targets in excess of Code Level 4 until amendments are made to the Planning and Energy Act 2008 (likely to be late 2016).

In short, the Code for Sustainable Homes should no longer feature as part of any decision notice for any planning approval.

Of course, none of the above affects non-domestic developments where BREEAM frequently applies; meaning that planning policy (and interpretation of planning policy) for many authorities is now in a state of flux. A requirement still exists for authorities to assess sustainability (and sustainable design) under the National Planning Policy Framework (NPPF), but for domestic proposals they no longer have a simple means of doing this (i.e. the Code).

A varied response is therefore likely in the short to medium term with the following potentially featuring:

- Sustainability Checklists – authorities may seek to create substitute scoring systems for those issues that they still have powers over;
- Shift in Focus – whilst historically, design matters have often taken precedent, strategic and masterplanning issues may come to the fore;
- Alternative Standard – potentially, a third party may introduce a standard. Functionally, this would be similar to the Code although with a different subject matter;
- Reduced Emphasis on Sustainability – some authorities may choose to focus less on sustainability.

Of course, a General Election looms imminently, and the major parties have quite different policy positions with regards to sustainability; meaning that all of the above may be subject to significant change – potentially, in the very near future.