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National policy and legislation

Policies relevant to climate change adaptation developed in the UK but consistent with UN and EU Directives and policy.

Climate Change Act 2008

Creates a statutory framework for a national adaptation programme which will include a full UK wide assessment of risk and ensure a sustainable approach to adaptation.

  • The framework establishes the requirements for a national risk assessment, the creation of a statutory adaptation programme from 2012, a power to require reporting bodies (public bodies plus utilities) to report on risks and programmes, and statutory guidance to help bodies assess climate risk and take action.

Government Programme: Adapting to Climate Change

The Government launched an ‘Adapting to Climate Change’ website in July 2008. This along with the document ‘Adapting to Climate Change in England: A Framework for Action’ aim to: (i) provide evidence, (ii) raise awareness, (iii) provide information and tools to take action, and (iv) measure progress and embed adaptation into Government systems.

  • Provides a central hub of information on adaptation relevant to the work and needs of wide range of public and private stakeholders. Will provide the framework for developing adaptation strategies and policies over the next three years in order to aid all organisations in considering the impacts of climate change and what adaptation approach can be taken.

Civil Contingencies Act 2004

Sets out roles and responsibilities of those involved in planning for civil emergencies, including natural disasters caused by climate change

  • ‘Category 1 responders’, which include local authorities and the Environment Agency, must have an ‘emergency planning officer’.

Local Government Act 2000

Reform of local government in England and Wales. Introduced the option of having elected mayors

  • Introduced the power of wellbeing which enables local authorities to “do anything which they consider is likely to achieve” improvement of the economic, social or environmental well-being of their area.

Local Democracy, Economic Development and Construction Bill

A single integrated Regional Strategy will help regions to ensure a much closer alignment between economic and spatial planning.

This legislation will give communities new rights to have a say in provision of local services, strengthen local democracy, reform local and regional governance arrangements and implement measures to drive economic regeneration. See regional action for more detail.

  • The outcome of the new Regional Strategy should be sustainable economic growth (clause 65). This must contribute to sustainable development (clause 78)
  • There is also a specific requirement for the strategy to have policies designed to contribute to the mitigation of, and adaptation to, climate change (clause 65)
  • Formal cooperation across local geographical boundaries may provide greater opportunity for adaptation, with more economic efficiency.

Strong and Prosperous Communities: the Local Government White Paper 2006

The aims are to: empower citizens and communities; create stronger and more visible leadership; and put in place a new framework within which local authorities and their partners can work.

  • Emphasises the role of local authorities as ‘strategic leaders and place-shapers’, making better use of Local Strategic Partnerships (LSP), Local Area Agreements (LAA) and the new performance framework to tackle climate change.

Defra Water Strategy: Future Water (February 2008)

Future Water sets out a vision for how the water sector will look in 2030, and the action needed to make this a reality.

  • Statutory 25-year water resources management plans will be developed by water companies and will be a tool for coordinating adaptation efforts. They will project future water demand based on climate change and other considerations such as population
  • The strategy seeks to embed adaptation across the industry and water users.

The Planning Acts

Town and Country planning Act 1990
Planning and Compensation Act 1991
Planning and Compulsory Purchase Act 2004
Planning Act 2008

Delivery of sustainable development. Introduces the ‘plan-led’ system and the concept of spatial planning.

The Act is concerned with the establishment of a single development consent regime for nationally significant infrastructure projects including the introduction of National Planning Statements. It also provides the necessary legislation to enable the introduction of the Community Infrastructure Levy.

  • Spatial approach to planning enables planning bodies to look beyond purely land-use issues by linking with organisations responsible for delivery
  • Places a duty on planning bodies to exercise their functions with the objective of contributing to the achievement of sustainable development and tackling climate change
  • Policy for major infrastructure projects is set out in National Policy Statements. Once these are in place, decisions will be made by a new Infrastructure Planning Commission (IPC).

Planning Policy Statements/Guidance

Supplement to PPS1: Planning and Climate Change

Supplement to PPS1: Planning and Climate Change: Practice guidance (Home and Communities Agency)
Supplement to PPS1: Planning and Climate Change: Practice guidance (Planning Advisory Service)

Sets out how to use planning and development to mitigate, reduce vulnerability to and adapt to the impacts of climate change.

The Practice Guidance is a web-based resource so that it can be refreshed with emerging practice and examples and integrated with other support and resources, including the material and facilities already provided by the Homes and Communities Academy and the Planning Advisory Service.

  • Regional and local planning bodies should gain an understanding of the vulnerability of people and species to climate change and describes a methodology for doing this
  • Policies and decisions should seek to reduce vulnerability
  • The importance of adapting new ventures and developments to accommodate the effects of climate change.

PPS9: Biodiversity and Geological Conservation

Planning for Biodiversity and Geological Conservation: A Guide to Good Practice

Promote biodiversity and geological conservation through planning and development.

  • Take account of climate change on distribution of habitats and species.

PPG17: Planning for Open Space, Sport and Recreation

Assessing Needs and Opportunities: A Companion Guide to PPG17

Promote open space, sport and recreation through planning and development.

  • Planning and development should create the local networks of high quality, accessible and well managed and maintained open spaces necessary to improve adaptive capacity.

PPS11: Regional Spatial Strategies

Regional Spatial Strategy Monitoring: A Good Practice Guide

Policy and guidance on the format and process of preparing an RSS.

  • RSS should consider how the region’s activities contribute to climate change, including vulnerabilities
  • Strategic targets may be appropriate.

PPS12: Local Spatial Planning

Local Development Framework Monitoring: A Good Practice Guide

Policy and guidance on the format and process of preparing an LDF.

  • LDF should consider the opportunities for supporting policies in the RSS.

PPG20: Managing coastal erosion risk

Planning authorities are provided with advice on the issues that should be considered when making development decision in or near the coast.

  • States that a precautionary approach should be taken to land affected, or likely to be affected, by erosion or land instability. Developments should not be allowed to take place in areas where erosion is likely to occur during the lifetime of the building
  • These areas should be clearly identified, mapped and shown in development plans in order to adapt to future erosion.

Adaptation Toolkit (commenced 2008, still in development)

To assist communities in adapting to change where constructing defences is not the most appropriate means of managing flood and coastal erosion risk.

This toolkit builds on the work which has been done under ‘Shoreline Management Plans’, recognising that SMP policy to defend might no longer be practical, affordable or acceptable in future.

  • There are four main elements to this toolkit. Strengthened planning policy for flood risk areas is already in place (PPS 25). Other elements include ‘Adapting to coastal change’, ‘Property-level flood protection and resilience’ (existing and new-build) and ‘Land management.

PPS25: Development and Flood Risk

Planning Policy Statement 25: Development and Flood Risk - Practice Guide

Introduces a risk-based approach to development and managing flood risk. It aims to include flood risk assessment in the development process to avoid inappropriate development in areas at risk of flooding and to direct development away from areas at highest risk. Where development is necessary in areas at risk the PPS seeks to ensure it is safe without increasing flood risk elsewhere.

  • Flood risk assessments must be prepared and the sequential and exceptions tests should be applied
  • Consideration should be given to the Annex on climate change.

Draft Floods and Water Management Bill

The Draft Bill will create a simpler, more effective regime for flood and coastal erosion risk management, and will introduce measures for the improved sustainability of water resources, including the avoidance of water scarcity.

  • Measures to facilitate adaptation, resistance and resilience to the effects of climate change on water resources, particularly on the increasing severity of flood events
  • Management of water resources in the face of climate change (for example by modernising the powers to restrict use of water in a drought).

Code for Sustainable Homes 2006

National standard aims to increase the energy performance, water efficiency and manage surface water run-off in new homes and increase the number of Lifetime Homes.

  • Code level 3 is now mandatory for publicly funded homes (since April 2008)
  • Voluntary for private sector homes but planning policy can require that homes meet certain Code levels
  • Credits relating to surface water runoff and reducing flood risk are relevant for adaptation. Often green roofs are featured as part of the ecology strategy, which can help to improve the thermal performance of the building and contribute to a cooler microclimate.

Building Regulations 2000 – Revision of Part L (2006)

Revisions to Part L of Regulations: the Building Regulations 2000, set maximum CO2 emissions for whole buildings applying to both new buildings and renovation of existing buildings (with a total surface area over 1,000m²).

  • In 2006 the CO2 emissions standards for new buildings were raised by between 20% and 28% with respect to 2002 standards, depending on the type and size of buildings
  • It was announced in 2007 that progressive improvements in the performance standards of Part L for new homes would be sought. 25% in 2010, 44% in 2013 in support of zero carbon from 2016.