Dear Sir/Madam,

Under EIR 2004 regulations, I would like to request information regarding the council’s implementation of London Plan policy 5.9 (on overheating risk) in planning decisions, particularly in major residential developments.

Specifically:

1. What is the council’s approach to implementing policy 5.9, and has the council developed additional local policies in this area?
2. At the pre-application stage, what advice is provided to developers to help them address policy 5.9? For example, are developers made aware of GLA guidance on energy assessments and the ‘Early Stage Overheating Risk Tool’ in Appendix I?
3. Are developers expected to carry out dynamic overheating modelling as recommended in the GLA guidance?
4. How does the council monitor the success of these policies in reducing overheating issues in new build properties?

If any of these information requests are unclear, I am happy to revise my request with your advice as required under the regulations. I would like all information to be provided in an electronic format where possible.

best wishes,
James.

Freedom of Information, Brent Borough Council

Thank you for contacting the FOI Team.

This is confirmation that we have received your email. You should receive
a further acknowledgment shortly with a reference number.

Due to the current coronavirus (Covid-19) pandemic it is likely that there
will be an impact on information request response times. However we will
endeavour to keep you updated if there is a significant delay.

[1][IMG]

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DoNotReply1, Brent Borough Council

[1]brentlogo1 (227×84)   Tel: 020 89371234
Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Dear James MacDonald 

RE: London Plan policy 5.9 
Thank you for contacting the council on 25/01/2021.
Your case will be assigned to an officer and you should receive their
details soon.

Please use this reference number IRC-02484-S0F4W9 when contacting us about
this case.
Please note that we may require further information in order for us to
proceed, in which case we will contact you. 

If you would like further information on how your case will be dealt with,
please visit our website: [3]https://www.brent.gov.uk/your-council/ 
Yours sincerely 
London Borough of Brent

[4][IMG]

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Brent Council -Spatial Planning, Brent Borough Council

[1]brentlogo1 (227×84) Tel: 02089376473
Email: [email address]
Web: [2]www.brent.gov.uk/

Our Ref: IRC-02484-S0F4W9
Your Ref:
Dear JamesMacDonald
Environmental Information Regulations 2004
Thank you for your request for information that was received on
25/01/2021.
We are dealing with your request under the Environmental Information
Regulations 2004 and we aim to send a response by 22/02/2021.
In some cases, a fee may be payable. If we decide a fee is payable, we
will send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Environmental Information Regulations 2004 may restrict the release of
some or all of the information you have requested. We will carry out an
assessment and if any exemptions apply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to request an internal
review and to complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Further information about the Councils procedures can be found on the
Council's website:
[3]https://www.brent.gov.uk/your-council/tr...
Alternatively, you may contact me using the contact details provided in
this correspondence.

Yours sincerely
Ciara Whelehan
Spatial Planning Manager

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References

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3. https://www.brent.gov.uk/your-council/tr...

Brent Council -Spatial Planning, Brent Borough Council

[1]brentlogo1 (227×84)   Tel: 02089376473
Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Our Ref: IRC-02484-S0F4W9

Dear James MacDonald

Environmental Information Regulations 2004

Thank you for your information request received on 25/01/2021. This
request is being handled under the Environmental Information Regulations
2004.

You requested the following information:

Under EIR 2004 regulations, I would like to request information regarding
the council’s implementation of London Plan policy 5.9 (on overheating
risk) in planning decisions, particularly in major residential
developments.
 
Taking your questions in turn: 
1. What is the council’s approach to implementing policy 5.9, and has the
council developed additional local policies in this area?
 
The Council advises the applicants that they need to comply with the
Mayor's policies and guidance as set out in policy 5.9. We have not
developed additional local plan policies on this matter. 
2. At the pre-application stage, what advice is provided to developers to
help them address policy 5.9? For example, are developers made aware of
GLA guidance on energy assessments and the ‘Early Stage Overheating Risk
Tool’ in Appendix I?
 
We don’t normally receive much in the way of sustainability information at
pre-application stage so we advise applicants that they need to comply
with the Mayor’s policies and guidance, including the need to consider
overheating and for the application to be accompanied by an overheating
assessment. We do remind them of the requirement early in the
pre-application process to ensure that they involve a specialist when they
are working up their proposals.

3. Are developers expected to carry out dynamic overheating modelling as
recommended in the GLA guidance?
 
Yes. We require an overheating assessment to be undertaken for Major
development proposals.
4. How does the council monitor the success of these policies in reducing
overheating issues in new build properties?
 
The Sustainability Officer always checks that there has been an
overheating study and that the Energy Strategy agrees with whatever the
overheating strategy says. In some cases we also check the noise and air
quality reports to check whether ventilation is required.
 

If you are dissatisfied with the way, in which your request has been
handled or the outcome, you may request an internal review within two
calendar months of the date of this response by writing to the following
address:

Freedom of Information

Brent Civic Centre
Engineers Way
Wembley

HA9 0FJ
 

[3][email address]

If you remain dissatisfied with the handling of your request or internal
review, you have a right to appeal directly to the Information
Commissioner for a decision. The Information Commissioner can be
contacted at:

 

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Phone: 0303 123 1113

Website: [4]www.ico.org.uk

I will now close your request as of the date of this letter.

Yours sincerely 
Ciara Whelehan
Spatial Planning Manager
 

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The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

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3. mailto:[email address]
4. http://www.ico.org.uk/

Dear Ciara,

Thank you very much for this comprehensive response.

Yours sincerely,
James MacDonald