Commentary on Sections Section 43: Amendment of Planning and Energy Act 2008
203.This section is related to section 42. It is a corollary of the restriction of technical housing standards to those found in building regulations that an amendment is made to the Planning and Energy Act 2008. Section 1(1)(c) of that Act provides that local planning authorities may include in their plans requirements that development in their area meets higher standards of energy efficiency than are required by building regulations. This is inconsistent with the consolidation of technical standards for housing in building regulations, and the amendment will disapply the provision in England in relation to development that consists of the construction or alteration of buildings to provide dwellings, or the carrying out of any work on dwellings. Government policy meanwhile is that new dwellings meet a zero net carbon emissions standard from 2016.
204.The provision to be amended forms part of the law of England and Wales, but the amendment will affect its application in England only. It comes into force on a day to be appointed by the Secretary of State in a commencement order.