High Court gives green light to challenge to "overreaching” local energy efficiency standards guidance
The High Court has agreed to hear a judicial review claim challenging guidance from the Department for Levelling Up, Housing and Communities that puts limitations on how councils should set local energy efficiency standards for housing that go beyond national regulations.
The claim, which Rights Community Action lodged with the support of the Good Law Project, has been given the green light on two grounds.
In a decision notice issued by Sir Peter Lane, the High Court said it would be "desirable" for the case to be heard before the end of the Trinity term on 31 July 2024.
Guidance set out in a written ministerial statement in December 2023 said the Government "does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations".
It argued that the proliferation of multiple, local standards by local authority area can add further costs to building new homes by adding complexity and undermining economies of scale.
According to the guidance, any planning policies that propose local energy efficiency standards for buildings that go beyond current or planned buildings regulation should be rejected at examination if they do not have a well-reasoned and robustly costed rationale that ensures:
- That development remains viable, and the impact on housing supply and affordability is considered in accordance with the National Planning Policy Framework.
- The additional requirement is expressed as a percentage uplift of a dwelling's Target Emissions Rate (TER) calculated using a specified version of the Standard Assessment Procedure (SAP).
The written ministerial statement (WMS) warned that the Secretary of State will "closely monitor the implementation of the policy" and that it may use its intervention powers in respect to policies in plans or development management decisions.
However, the Good Law Project has described the guidance as a "massive overreach of central government power".
The Good Law Project's executive director, Jo Maugham, said the policy will discourage building homes to a higher standard and could lead to many homes that are being built today needing to be fitted with extra insulation later down the line.
"This will be costly, wasteful and an enormous headache for homeowners," he said.
Naomi Luhede-Thompson, CEO at Rights Community Action, said: "This is a policy disaster. We know that councils in England want to plan for warm homes that are affordable to heat, but their plans are being crushed by Michael Gove."
The Department for Levelling Up, Housing and Communities said it would be inappropriate to comment on the ongoing proceedings.
Adam Carey