Colchester Submission Draft Local Plan Regulation 19 Consultation 2026

Ends on 13th October 2026 (46 days remaining)

7. Net Zero Homes and Buildings, Renewable Energy and Water

Policy NZ1: Operational Energy and Carbon in Homes and Buildings Comment

All proposals for new residential development should aim to be built to net zero standards, focussing on a fabric first approach to design that delivers high levels of energy efficiency before maximising renewable energy provision on site.

Proposals for all development that accord with national Building Regulations will be supported, provided that they demonstrate how building design has incorporated considerations for how heating and cooling demand can be reduced through orientation of the building, the location of windows, thermal mass and shading to provide adequate light, heat and ventilation to the building. Development designed to Passivhaus Classic or higher standards are also encouraged.

Justification

7.1 The need for local plans to include policies to secure development that mitigates and adapts to climate change is recognised in primary legislation and national policy. The proposed Future Homes Standard 2026, which will become the national Building Regulations, will contribute to reduced carbon emissions through greater levels of energy efficiency and provision of renewable generation and low carbon heating and will help ensure that homes are zero carbon ready.

7.2Whilst this is beneficial, the Council seeks to take a proactive approach to climate change in line with the objectives and provisions of the Climate Change Act. It is recognised that an extensive evidence base prepared by Essex County Council’s Built Environment Planning Unit demonstrates that building to net zero standards can be technically feasible, financially viable and legally justified. Therefore, the policy encourages development proposals to go beyond building regulations and deliver to net zero standards. This will not only contribute to reducing emissions from housing but also support the creation of healthy, efficient homes that reduce energy bills for residents. However, this will need to be balanced with overall viability.

7.3New homes must be built with fossil fuel free heating systems. These systems could incorporate a variety of technologies including heat networks, air source and ground source heat pumps. The Environment Agency regulates ground source heating and cooling systems, and these may require an abstraction licence and environmental permit although exemptions may apply. Further guidance on this can be found on ground source open and closed loop systems.

7.4It is also important to consider how buildings can be designed to be resilient to a changing climate. This includes the increased risk of overheating. Overheating can be mitigated through a range of design features such as use of green infrastructure, shading, ventilation and proportion of glazing. The Good Homes Alliance have produced a useful tool and guidance to help design teams to identify and mitigate overheating risks at an early stage. Overheating risk in new residential buildings has been addressed to some extent by amendment to the Building Regulations in June 2022 (Part O: Overheating Mitigation). Since the compliance tools for Building Regulations are not intended to accurately evaluate overheating in every case (in particular if buildings take the ‘simplified method’ route permitted within Part O as opposed to the ‘dynamic thermal modelling method), major development proposals are therefore encouraged to use the CIBSE (Chartered Institute of Building Service Engineers) standards TM52 for non-residential development and TM59 for residential development.

Policy NZ2: Embodied Carbon and Circular Economy in Homes and Buildings Comment

All development proposals must demonstrate the measures taken to minimise embodied carbon (subject to meeting Policy NZ1 requirements first) and how circular economy principles have been embedded into the design. In doing so:

  1. Priority should be given to re-using, renovating or retrofitting existing buildings and/or structures on a site. Any demolition will only be acceptable where justified to the satisfaction of the Local Planning Authority.
  2. Proposals for all new residential and non-residential buildings must demonstrate that upfront embodied carbon* has been considered and reduced as far as possible through lean design, sustainable material procurement and waste minimisation.
  3. Proposals for major residential and non-residential development are required to achieve the following set limits for upfront embodied carbon. This must be demonstrated through an embodied carbon assessment using a RICS and/or nationally recognised methodology which should be submitted at the same time as the full or reserved matters planning application (and with the outline planning application for residential schemes of 100 dwellings or more, and non-residential schemes of 5000m2 or more):
  • Low rise residential (up to 11m): ≤500 kgCO2e/m2 (GIA**) or subsequent update;
  • Mid and high rise residential (over 11m) - ≤500 kgCO2e/m2 (GIA) or follow NZCBS*** limits when available;
  • Non-domestic buildings: offices ≤600 kgCO2e/m2 (GIA); education ≤500 kgCO2e/m2 (GIA); and retail ≤550 kgCO2e/m2 (GIA) or follow NZCBS limits when available; and
  • For building services, meet the global warming potential refrigerant limits set out in NZCBS when available.

*Upfront Embodied Carbon = emissions associated with the Building Life Cycle Stages A1-A5 and RIBA stages 2/3, 4 and 6)

**GIA = Gross internal floor area

***NZCBS = UK Net Zero Carbon Building Standards (pilot launched September 2024).

Justification

7.5Embodied carbon accounts for a significant proportion of a buildings’ whole life carbon and addressing embodied carbon is important to meet local and national climate targets. Currently, embodied carbon is not covered by Building Regulations and there is no government policy requiring the assessment or control of embodied carbon emissions from buildings. The Environmental Audit Committee (EAC) reported to Parliament in 2022 on this issue. The EAC highlighted that as a result, no progress has been made in reducing these emissions within the built environment. They go on to advise that the UK is slipping behind comparator countries in Europe in monitoring and controlling the embodied carbon in construction and that if this continues the UK will not meet net zero or its carbon budgets.

7.6Councils are mandating Whole Life-Cycle Carbon (WLC) assessments of their own accord through the planning system. The EAC reported that evidence so far shows that the policy is achievable and is working, with few barriers to its introduction (EAC Report, Paragraph 73). The EAC encourages Councils to include embodied carbon assessments in their Local Plans ahead of the introduction of national planning requirements.

7.7The Embodied Carbon Policy Study for Essex is available to view here. The study provides the technical evidence base and cost analysis to support a recommended policy approach towards minimising carbon emissions that are embodied in the materials and construction of new homes and buildings, also known as ‘upfront embodied carbon’.

Policy NZ3: Wastewater and Water Supply Comment View map Infrastructure

The Council will work with Anglian Water Services, Affinity Water, the Environment Agency and developers to ensure that there is sufficient capacity in the water supply and wastewater infrastructure to serve new development.

Where necessary, improvements to water supply infrastructure, wastewater treatment and off-site drainage should be made ahead of the occupation of dwellings to ensure compliance with environmental legislation.

Developers are required to engage early with Anglian Water Services to confirm water supply availability and wastewater capacity. Developers should safeguard suitable access for the maintenance of existing water supply and sewerage infrastructure when considering the design and layout of development proposals.

Water Resources and Sustainable Growth

Development proposals should demonstrate that a water supply connection can be provided. To achieve greater water efficiencies and support demand management, all development must demonstrate water efficient design. Residential development must be designed to utilise no more than 85 litres per person per day of mains supplied water / potable water per person per day (l/p/d). Proposals should submit a water efficiency calculator report to demonstrate compliance and include clear evidence on the approach to water conservation.

New, extended or redeveloped non-household buildings* should aim to achieve full credits within the four water categories (WAT01, WAT02, WAT03, and WAT04) for BREAAM standard within a minimum score of 3 credits within WAT01 Water Consumption issue category, or an equivalent standard set out in any future update to BREAAM. Applicants will be required to justify and evidence why full credits is not possible/viable for the development.

Major non-residential development that requires significant non-domestic water use will be required to undertake early discussions with Anglian Water Services to ascertain water availability and feasibility of the scheme and demonstrate innovative solutions to reduce water demands with a focus on rainwater harvesting as the primary source (unless it can be demonstrated that reuse is not viable).

A Water Efficient Design Statement (WEDS) must be submitted with the application at the earliest stage to demonstrate how policy requirements have been met and will be maintained in relation to water efficient design. The statement shall provide, as a minimum, the following:

  1. baseline information relating to existing water use within a development site; and
  2. full calculations relating to expected water use within a proposed development (such as water efficient fixtures and fittings, rainwater/stormwater harvesting or reuse).

Prior to the first occupation of development, a completion certificate shall be submitted to the Council confirming the design standard has been verified and fully implemented.

If government policy or legislation relating to water efficiency standards is more stringent or at significant variance with the above policy requirements after the adoption of this plan, the most stringent standard will be adopted.

Wastewater management

Sewer network

  1. All development proposals that would create an increase to flows, must demonstrate that there is capacity available in the sewerage network to accommodate a new connection to it to accept wastewater flows from the site.Where there is insufficient capacity at the receiving Water Recycling Centre or within the associated sewerage network, development will only be supported when the necessary infrastructure improvements have been demonstrated to be deliverable and will be completed prior to occupation of the development.
  2. A foul drainage strategy should be prepared and agreed with Anglian Water to show capacity is available and a point of connection.

Water Recycling Centres

  1. All development proposals that would create an increase to flows, must demonstrate that there is capacity available at the receiving Water Recycling Centre to accommodate wastewater flows from the site for treatment and discharge.
  2. Where insufficient treatment capacity is available to serve the full scale of development at the point of anticipated connection, then appropriate phasing triggers to support development will be considered.
  3. Where acceptable permanent solutions are not possible to handle wastewater flows from development, development proposals will not be supported.

All development proposals must follow the drainage hierarchy for discharge of surface water as outlined in EN8 and EN8a.

Land is allocated as an extension to Anglian Water Services Colchester Water Recycling Centre. Proposals must demonstrate how Hythe Lagoons LoWS has been protected and enhanced.

Non-mains drainage

  1. Developments are expected to follow the wastewater drainage hierarchy for discharge of wastewater, with presumption in favour of connection to the public sewer in the first instance.
  2. Proposed developments should only include non-mains drainage if it can be demonstrated that a mains connection is not feasible, financially or practically, with a priority to be given in all cases to utilise mains drainage.

*Non-household buildings mean all development except residential dwellings

Justification

7.8Clean and sustainable supply of water is essential for growth and nature recovery. However, the entire Eastern England region is classified as seriously water stressed. It is important for the Council to work with water companies, the Environment Agency and developers to ensure sufficient capacity and provision of an adequate water supply, foul drainage and wastewater treatment to deliver sustainable and resilient communities, whilst ensuring water of sufficient amount and quality remains in the environment to support nature recovery. This will be particularly important as water supplies continue to be threatened by climate change and pressures from continuing growth and to ensure compliance with the requirement of the Environment Act, Water Framework Directive, Habitats Regulations and Conservation of Habitat and Species Regulations. Land has been allocated for an extension to Colchester Water Recycling Centre, and potential investment in the centre will be important in providing increased capacity to treat wastewater demand as a result of growth within the Local Plan.

7.9In June 2025, Shared Standards in Water Efficiency for Local Plans was published. This guidance supports Local Planning Authorities (LPAs) in Eastern England to adopt more stringent water efficiency policies in their Local Plans. It is a collaborative effort by Anglian Water, Cambridge Water, Essex & Suffolk Water, Affinity Water, the Environment Agency, and Natural England, endorsed by Water Resources East (WRE).

7.10 LPAs are encouraged to:

  • Set tighter water efficiency standards for new residential developments, aiming for up to 85 litres/person/day (l/p/d).
  • Require non-domestic developments to achieve full credits in the BREEAM water calculator and include water-saving and reuse measures.
  • Use Water Cycle Studies (WCS) to justify policies and monitor effectiveness.
  • Submit Water Efficient Design Statements and completion certificates to verify compliance.

7.11These standards are shown to be justified, feasible and supported by policy and legislation.

7.12A Water Cycle Study (WCS) has been prepared to support the plan and identify any constraints on planned housing and employment growth that may be imposed by the water cycle, including handling the treatment of water and wastewater. The WCS was jointly prepared with Tendring District Council. It identifies constraints at a set time but will be kept as a ‘living document’ to ensure the position on constraints is reflected as and when growth and development occur and when factors such as wastewater treatment capacity alters.

7.13The WCS has found that in the catchments of the following WRCs: Colchester, Copford, Tiptree, Eight Ash Green and West Bergholt, additional connections to sewer systems which have existing capacity would result in sewer flooding risk or sewer overflow spill frequencies. Additional surface water into these sewer networks could exacerbate either of these issues. Therefore, developments in the WRC drainage catchments of Copford, Tiptree, Eight Ash Green and West Bergholt must not discharge surface water to the foul sewer network. Development in the Colchester WRC drainage catchment must discharge attenuated surface water to a receiving waterbody and not to the combined sewer network unless it can be demonstrated that there is no other option. However, all development proposals must follow the drainage hierarchy and new connections to the foul or combined sewer are not permitted, as outlined in EN8. Phasing of development to align with future potential investment plans may be appropriate to help with this issue over the plan period.

7.14Developments are expected to connect to public mains sewer unless exceptional circumstances indicate this is not possible. Connection to the mains sewer is considered potentially feasible where the distance from the (domestic) development site to the sewer is less than the number of properties multiplied by 30 metres. This is known as the general binding rules with further information available online. Developments proposing not to connect to the public mains sewer must justify why it is not feasible to do so, alongside completing a FDA1 form to request a permit.

7.15The WCS has also identified several WRCs that have limited or no treatment capacity for treating wastewater flows from development, including that outlined in the Local Plan. These include the Water Recycling Centres of Dedham, Fingringhoe, Great Tey, Langham, West Bergholt and Colchester. However, treatment capacity at other WRCs may become constrained throughout the plan period, and therefore developers should conduct early engagement with Anglian Water Services to determine suitable capacity at the WRC catchment where development is proposed.

Policy NZ4: Renewable Energy Comment

Planning applications for renewable energy schemes in appropriate locations will be supported by the Council in principle, providing that they do not cause unacceptable impacts, including cumulative and cross- boundary impacts, on:

  1. Landscape and sensitive views;
  2. Biodiversity and geodiversity, including irreplaceable habitats, protected habitats and species, and ecological networks;
  3. Water quality and flood risk;
  4. The availability of grade 1 agricultural land.
  5. The historic environment (including archaeological remains) and the setting of heritage assets;
  6. Aviation apparatus and air traffic safety;
  7. Highways safety, and the safety of active transport infrastructure and rail movements;
  8. Residential amenity, including potential impacts caused by noise, vibration, dust, odour, light pollution, air quality and shadow flicker; and
  9. The operation of military defence assets or sites.

Proposals involving the provision of solar PV panels and canopies on existing buildings or above car parks will be strongly supported where they do not conflict with other policies in the plan.

All applications for renewable energy schemes should be located and designed in such a way to minimise increases in ambient noise levels. Landscape and visual impacts should be mitigated through good design, careful siting and layout and landscaping measures. Schemes should be considered in relation to impacts upon the historic environment. Transport Assessments covering the construction, operation and decommissioning of any wind farm or solar farm proposal will be required and should be produced at the pre-application stage so acceptability can be determined and mitigation measures identified. A condition will be attached to planning consents for wind turbines and solar farm proposals to ensure that the site is restored when the turbines or panels are taken out of service.

The mitigation measures identified in the Environmental Statement, required for large scale renewable energy schemes, must be incorporated into the design of the scheme or secured via condition.

To maximise environmental benefits, the Council encourages all solar farm proposals to deliver biodiversity net gain of at least 50% and an increase in tree canopy cover of at least 50%.

Community Led Energy

The positive benefits of community energy schemes will be a material consideration in assessing renewable energy development proposals. The preference is for schemes that are led by and directly meet the needs of local communities, in line with the hierarchy and project attributes below:

  1. Project part or fully owned by a local community group or social enterprise.
  2. Local community members have a governance stake in the project or organisation e.g. with voting rights.
  3. Applicants demonstrate any benefits of the project to host communities and how these will be secured and distributed.

Justification

7.16Renewable energy schemes play a major role in reducing carbon emissions across the city, contributing to the climate emergency and supporting the sustainable development objectives in national policy, and will be supported in principle. Whilst the climate emergency declaration of net zero emissions by 2030 relates to the Council as an organisation, the Council in declaring a climate emergency in July 2019, acknowledged that urgent action is needed to limit the environmental impacts produced by the climate crisis.

7.17Essex has great potential to realise the benefits of renewable energy, and this is recognised in the Essex Local Area Energy Plan. The Plan identifies a pathway for decarbonising the whole energy system in Greater Essex, identifying potential for growth of various renewable energy technologies alongside other measures. Colchester is identified as having potential to support a range of renewable energies including rooftop solar, solar farms and onshore wind in particular areas and proposals should have regard to this and any further studies that outline potentially suitable areas for renewable energy proposals.

7.18Community energy projects involve groups of people coming together to purchase, manage, generate, or reduce consumption of energy. This includes (but is not limited to), solar panels, wind farms, hydro power, rural heat networks, battery storage, electric vehicle charging points, car clubs and fuel poverty alleviation schemes. Programmes are usually not-for-profit, and profits raised from projects are reinvested back into the communities which they power.

7.19Proposals for renewable energy projects should be mindful of their potential impact on the natural environment. Battery Energy Storage Systems (BESS) have the potential to cause negative environmental impacts through chemical leaks into watercourses and fire risks. Applicants should assess risks to groundwater and surface water in their application, identifying how the risks will be mitigated alongside engaging early with Essex County Fire and Rescue Service to ensure siting and location of BESS are appropriate.

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