July 4th, 2024 by James Goudie KC

In R ( Rights Community Action Ltd ) v SoS for LEVELLING UP ( ( 2024 ) EWHC 1693 ( Admin ) Lieven J holds that, where a written Ministerial Statement ( the Statement ) concerning the setting of ENERGY EFFICIENCY STANDARDS and  stricter emission controls  for newly built homes was published in the absence of an ENVIRONMENTAL PRINCIPLES POLICY STATEMENT ( EPPS ), required by Section 17 of the ENVIRONMENT ACT 2021 ( EA 2021 ), the Statement was not vitiated by a failure to have “ due regard “ to the EPPS, pursuant to Section 19(1) of EA 2021. This is because it could be assessed retrospectively against an EPPS prepared after publication of the Statement. The Statement was compatible with the power of local planning authorities pursuant to Section 1 of the PLANNING and ENERGY ACT 2008 to include, in their DEVELOPMENT PLAN, Policies imposing reasonable requirements for developments in their area to comply with “ energy efficiency standards “ that exceeded the energy requirements of Building Regulations.

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