High Court hear legal challenge over Gove’s green homes ‘roadblock’ - UPDATE

Rights Community Action’s statement on High Court dismissing legal challenge to government’s decision to limit councils’ ability to set higher new home energy efficiency standards.

“This challenge was essential to clarify the murky situation the written ministerial statement left us in. 

Rights Community Action's work over the last year has made big gains for local authorities and communities who are leading the way on energy efficiency policies in local plans, first through confirming that the case can continue to be made that existing net zero policies in local plans should be given full weight in planning applications and secondly, that other standards can also be used up to a point.

Last year the use of an outdated written ministerial statement by Inspectors to refuse policies exceeding building regulations was considered wrong in the Salt Cross Garden Village case brought by Rights Community Action. This case confirms that the Government does think it is right for local authorities to "go further and faster" than building regulations. 

We also now know that the Environment Act 2021 section 19 duty to consider environmental principles must be exercised with "substance, rigour and an open mind”.

However, it is vital that the new Government urgently and rapidly review the situation to clearly and unequivocally support exemplary standards given the necessity of reducing the carbon emissions that would inevitably result from allowing thousands of poorly built homes that require expensive future work to retrofit and are costly to run.

With the support of the Good Law Project, we will be appealing. Our view is that the judgment did not properly engage with the Environment Act duty in this, its first test case. It is crucial to support the purpose of the laws at stake and to ensure that the duty is meaningful one in demanding different outcomes that go further to protect the environment.”

Good Law Project legal manager Bekah Sparrow said: “We think the decision was wrong and will be supporting an appeal. It was encouraging that the judgment made clear that, whatever ministers said, local authorities can exceed building regulations, but so much more needs to be done to deliver the improvements that communities want and the planet needs.”

“There’s no shying away from the fact that dealing with the climate crisis must be a top priority for the incoming government. Ed Miliband has been talking up Labour’s green credentials this week and it is clear that whoever gets the keys to Number 10 needs to start work immediately on delivering a fairer, greener Britain.”