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 MacDonald.

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

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foi, Merton Borough Council

Dear Mr

Freedom of Information 2000 /Environmental Information Regulation request
2004 F15061

We have now considered your request for information as set out in your
email below.

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’s emerging Local Plan contains policies that help address
overheating and cooling. Merton’s draft Local Plan is available online
here: [1]Local Plan consultation 2a 2020 (merton.gov.uk)

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?

Developers are able to seek their own independent advice regarding any
policies in the Local and GLA Plans.  Pre application advice will seek to
provide significant guidance on development but it is not intended to
cover each and every policy in the local and London plan. All plans and
Policies  are available on line for viewing.  

3. Are developers expected to carry out dynamic overheating modelling as
recommended in the GLA guidance? 

This will depend on the type, size nature and location of each case. As
stated above in no 1,  the emerging local plan policies address these
issues

4. How does the council monitor the success of these policies in reducing
overheating issues in new build properties?

The council doesn’t currently have the resources to monitor the success of
these policies

If you are dissatisfied with the handling of your request or wish to
appeal against the decision to exempt any part of your request, you should
request an Internal Review at [2][Merton Borough Council request email] or write in to Freedom
of Information team, Merton Council, Civic Centre, Morden, SM4 5DX.

If you escalate to the Information Commissioners Office (ICO) without
following the council’s internal review process, the ICO will refer you
back to the council to enable the correct process to be followed.

You can also appeal to the Information Commissioner at:
[3]https://ico.org.uk/make-a-complaint/offi...

Kind regards

Michael Cook

 

 

Michael Cook

Information Governance Officer

Information Governance Team

Merton Council

[4]www.merton.gov.uk

 

-----Original Message-----
From: James MacDonald <[5][FOI #721941 email]>
Sent: 27 January 2021 11:30
To: foi <[6][Merton Borough Council request email]>
Subject: Freedom of Information request - London Plan policy 5.9

 

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 MacDonald.

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[7][FOI #721941 email]

 

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Disclaimer: This message and any reply that you make will be published on
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For more detailed guidance on safely disclosing information, read the
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Please note that in some cases publication of requests and responses will
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Dear Michael,

Thank you very much for your response.

Yours sincerely,

James MacDonald

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

--------------------------------------------------------------------------

Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Any opinions
expressed are those of the sender, not Merton Council. Email is not
secure, and the council accepts no responsibility for any inaccuracy,
corruption or virus which has occurred during transmission.
This email may be subject to monitoring in accordance with relevant
legislation and may be disclosed in response to a request under the
Freedom of Information Act 2000.
The message may contain information that is confidential or sensitive; you
should handle it accordingly.
If you have received this email message in error, you must not copy,
disclose or make any further use of the information contained within it.
Please notify the system manager ([email address]) or the Head of
Information Governance ([email address]), and delete the
message.

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