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Implementing Sustainability in the Built Environment Report August 2017 Implementing sustainability in the built environment An analysis of the role and effectiveness of the building and planning system in delivering sustainable cities Trivess Moore, Susie Moloney, Joe Hurley & Andréanne Doyon Implementing sustainability in the built environment: An analysis of the role and effectiveness of the building and planning system in delivering sustainable cities. Trivess Moore, Susie Moloney, Joe Hurley and Andréanne Doyon School of Global, Urban and Social Studies and School of Property, Construction and Project Management, RMIT University. August 2017 Contact: Joe Hurley RMIT University GPO Box 2476 Melbourne Vic 3001 [email protected] Phone : 61 3 9925 9016 Published by: Centre for Urban Research (CUR) RMIT University | City campus Building 15, Level 4 124 La Trobe Street Melbourne VIC 3000 www.cur.org.au @RMIT_CUR facebook.com/rmitcur Layout and design: Chanel Bearder 2 Contents Executive summary 4 1. Introduction 7 1.1 Introduction 7 1.2 Project description, aim and scope 7 1.3 Methods 9 1.4 Project Context: Transitioning to a sustainable built environment future 10 2. Review of key planning and building policies 12 2.1 Building systems 12 2.2 Planning systems 13 2.3 State ESD policies and regulations 14 2.3.1 Victoria 15 2.3.2 New South Wales 15 2.3.3 Australia Capital Territory (ACT) 16 2.3.4 Queensland 16 2.3.5 South Australia 17 2.3.6 Western Australia 17 3. Planning decision making in Victoria: ESD in VCAT decisions 18 3.1 Stage 1: Identify all VCAT cases that have coverage of sustainability issues within the written reasons for the decision. 19 3.2 Stage 2: Identify those cases where an Environmentally Sustainable Development Management Plan (ESDMP), or similar, was a contested factor in the decision. 20 3.3 Stage 3: Analyse critical cases to determine reasons for decision 23 4. Changing the system – the CASBE Story 30 4.1 Developing a network 30 4.2 Developing tools: STEPS- Sustainable Tools for Environmental Performance Strategy 31 (residential) & Sustainable Design Scorecard (SDS) 33 4.3 From tools to embedding ESD in planning processes 34 4.4 The formation of CASBE and embedding ESD through local policy 36 5. Discussion and Implications 36 5.1 The gap between the planning and building system 37 5.2 Weaknesses in the planning system 37 5.3 Governance, inconsistencies and coordination 38 5.4 Improving the system – Networks and Advocacy 40 6. Future research 3 Executive Summary This report presents the outcomes of a pilot study exploring how the building and planning system is delivering a sustainable built environment in Australia. The study was funded by the Australian buildings and cities. Communities Foundation through the Green Cities Innovation fund and undertaken by a team of 1 – a review of existing policy and best researchers from RMIT University across the School practice across Australian states with a focus on Victoria; of Global, Urban and Social Studies and School of Property, Construction and Project Management. The research was conducted from April 2016 to April 2 – an analysis of Victorian Civil and 2017 and is intended to inform the development Administrative Appeals Tribunal data and key ESD cases since 2003; and of ongoing discussion, policy development, and a program of research which builds upon the research presented in this report. 3 –a focus group with key stakeholders Part of the challenge in improving sustainability involved in the development and implementation of sustainability assessment outcomes through building and land-use policy tools. settings is the limited research into attempts at implementation and the tension in implementation between these two policy domains. The aim of We identify four key issues emerging from the this project was to begin to address this gap and research highlighting both the challenges and examine why the planning and building system is opportunities in implementing ESD in the built failing to achieve sustainability goals and what can environment in the Victorian context. These are: be done to improve current policy and regulatory 1) the gap between the planning and building frameworks, and their implementation. In doing so, system; 2) weaknesses in the planning system; 3) the project analysed the role of building and planning governance, inconsistencies, and coordination; and policy and regulations in delivering sustainable 4) improving the system – networks and advocacy. 1) The gap between the planning and building system Current minimum building code requirements and planners have been attempting to address fall significantly short of what is required for low this sustainability shortfall through the land use carbon housing. As there is limited ability to use the planning system. Our analysis of VCAT over time building code to require improved environmental reveals inconsistencies in decision-making and performance of housing, sustainability advocates tensions between the state planning framework and 4 local government efforts to increase engagement of ESDMPs; and despite the evidence base from with ESD through planning. The analysis of VCAT applied urban research that demonstrates the need cases highlights the most prevalent reason for for both building and planning policy domains to play removing Environmentally Sustainable Development a role in effectively achieving ESD outcomes. What Management Plan (ESDMP) conditions relates becomes clear in our analysis is that in order to to arguments that building, not planning, is the embed and normalise ESD in the built environment appropriate policy domain to implement ESD. This the continual passing of responsibility between justification persists over time, despite other cases building and planning systems must be addressed. affirming the role of planning particularly via the use 2) Weaknesses in the planning system Across the states reviewed, while policies improving the planning system and the voluntary regarding sustainability and the built environment use of sustainability assessment tools can only were present in all the state and regional- go so far in this regard. While there is a growing level strategic planning documents, there are need and capacity across a number of council’s a lack a statutory planning instruments and to develop stronger ESD policies and processes in legislation to assess ESD for buildings. Stronger decision- making, the lack of state level commitment legislative frameworks, clear implementation, and to strong ESD outcomes in the built environment measurements are needed to ensure better ESD has been a significant issue. The recent release of outcomes. Plan Melbourne Refresh has identified this issue In presenting the story of CASBE one of the suggesting that a state-wide commitment to key issues to highlight is the role they have played addressing policy and regulatory change may be in attempting to address the inadequacies of the imminent. This will require both the development planning system in Victoria where there has been and implementation of effective regulatory a persistent lack of leadership and innovation frameworks as well as improved governance for over many years to address ESD. There are clear ESD across all levels of government. systemic and political challenges to address 3) Governance, inconsistencies and coordination One of the ongoing challenges is that broader building code is the appropriate way to address environmental, social and economic policies and ESD; while the emergence of justification for long term targets are not being integrated into the removal of an ESDMP that target specific policies relating to building performance. An explicit development characteristics largely come later in link to broader policy would strengthen arguments the study period. As expressed by respondents in for improving sustainability in the built environment the focus group, these response characteristics and how that improvement would help achieve have caused much frustration, with VCAT either 1) broader goals. Furthermore, there are challenges continually reviving arguments that assert that the in ensuring that even the current minimum planning system is not the appropriate mechanism requirements are adhered to, with research finding to require an ESDMP, despite findings that support major discrepancies between building design and in key cases, or 2) accepting the use of ESDMPs, actual performance. but finding a range of different faults in the practical The examination of VCAT cases over time implementation of a case to justify removal of the reveals re-occurring use of the argument that the ESDMP condition. 5 Across almost every major theme observed in the representing an evolving and maturing debate, this VCAT cases for removal or retention of an ESDMP has not been the case. Instead there is evidence of there are inconsistencies. While we expected to decisions frequently misappropriating or ignoring see changes of approach or perspective over time, earlier cases in support of a decision. 4) Improving the system – Networks and Advocacy This case of CASBE highlight the role and There are several examples from around the importance of networks in building capacity across world that Victoria could draw upon. Both California councils and mobilising support for new tools, and the UK governments developed a 10-year policies and practices. Over time CASBE and other plan to improve minimum housing performance advocates have enabled the development and regulations to a near zero net energy performance implementation of a range of ESD assessment tools, for all new housing, giving the building industry, local policies and decision making processes. All consumers and more importantly, sustainability were developed in response to identified gaps and technology/material manufacturers’ confidence to weaknesses in the existing system. This ‘bottom- innovate, knowing that there would be a market for up’ and ‘learning by doing’ approach emerged from their products. In Canada, the City of Vancouver’s both the skills and commitment of key actors over ambitious emission reduction targets are supported time. The roles of policy and instrument design, by a series of stepped/incremental policies.
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