Top lawyer says that council could find it鈥檚 planning decisions questioned by proponents of other materials

Timber frame of iCon

Hackney council鈥檚 proposal to use its planning system to promote timber buildings will leave its planning decisions open to challenge, according to aleading construction lawyer.

黑洞社区 revealed last week that the east London borough wants to become the first local authority in the country to create a 鈥減resumption in favour鈥 of using timber following the launch of lobby group Wood for Good鈥檚 鈥榳ood first鈥 campaign.

But David Savage, head of construction at law firm Charles Russell, said proponents of other materials such as concrete have grounds to challenge planning decisions made on this basis.

鈥淚f a public authority were to favour one construction material over others, it would run serious risk of challenge to its planning decisions,鈥 he told 黑洞社区.

鈥淓qually, it would be wrong always to equate timber construction with 鈥榮ustainable development鈥 and to infer that construction using other materials is less sustainable or unsustainable. 

鈥淔or example, the concrete industry has strong and developing sustainability credentials and would be well-placed to challenge timber on a range of criteria - including local sourcing rather than reliance on imports.鈥

Both the trade body Modern Masonry Alliance and development organisation the Concrete Centre condemned Hackney鈥檚 plans as ill-considered this week, with the former claiming the council had ignored the effect of such a policy on 鈥渋ndigenous trades鈥 such as brick and block work.

The NHBC Foundation also questioned the proposed policy.

In a letter to this week鈥檚 黑洞社区, research manager at the foundation Neil Smith, cited a report published last October on embodied carbon.

鈥淏ased on modelling undertaken by BRE, no significant differences emerged between masonry and timber construction in terms of overall CO2 impact over the 60- and 120-year study periods,鈥 he wrote.

However, senior policy adviser at the UK Green 黑洞社区 Council, Jo Wheeler, gave Hackney鈥檚 approach a cautious welcome.

鈥淥f course sustainable timber is a great material but it is important that the policy maintains flexibility,鈥 she said.