Permission granted in EPPS challenge to written ministerial statement on local energy efficiency standards

The High Court (Sir Peter Lane) has granted permission on the papers for a judicial review of the recent written ministerial statement (‘WMS’) on local energy efficiency standards. The WMS purports to restrict the circumstances in which local authorities can set energy efficiency standards in their local plans that go further than the requirements of the Building Regulations.

The claimant, NGO Rights: Community: Action, alleges the WMS is unlawful because:

• In making the WMS the Minister failed to have due regard to the Environmental Principles Policy Statement (‘EPPS'), contrary to the duty under s.19 of the Environment Act 2021.
• the WMS unlawfully purports to restrict the exercise by local authorities of powers conferred by statute, in particular s.1 of the Planning and Energy Act 2008.
• the WMS presents an unlawfully misleading picture of the legal powers of decision-makers, in particular Planning Inspectors, contrary to R(A) v SSHD [2021] 1 W.L.R. 3931.

This will be one of the first reported cases to consider the scope of the duty to have due regard to the EPPS in the formulation of government policy. It will also be of particular interest to local authorities seeking to produce local planning policies that mitigate the impacts of climate change.

A hearing date has been set for 18-19 June 2024.

Alex Goodman KC and Alex Shattock represent the claimant Rights: Community: Action, instructed by Good Law Practice.