Court of Appeal upholds ministerial statement restricting local energy efficiency standards

The Court of Appeal has delivered a pivotal judgement concerning the scope of local planning authorities' powers to impose energy efficiency standards beyond national requirements. The decision, handed down on 25 July 2025, rejected the challenge brought by Rights: Community: Action Limited against the Secretary of State for Housing, Communities and Local Government's Written Ministerial Statement of December 2023.

The judicial review proceedings centred on the Written Ministerial Statement titled "Planning – Local Energy Efficiency Standards Update", published on 13 December 2023. This guidance directed local planning authorities not to set building energy standards exceeding national building regulations requirements. Rights: Community: Action Limited contended that the statement unlawfully fettered powers granted under the Planning and Energy Act 2008, which permits local authorities to require higher energy efficiency standards through development plan documents.

Lord Justice Holgate's judgement examined the tension between environmental aspirations and housing delivery concerns. The Secretary of State's position emphasised the potential impact of locally imposed higher standards on development costs and housing supply. The government argued that consistent national standards would provide certainty for developers whilst maintaining adequate environmental protections through existing building regulations.

The appellant's case rested significantly on environmental considerations, particularly the government's obligations under the Environment Act 2021. This legislation requires ministers to have due regard to the Policy Statement on Environmental Principles when formulating policy. The Court acknowledged these environmental duties but found that the Secretary of State had appropriately balanced competing priorities through the parliamentary process and comprehensive impact assessments.

The judgement recognised the legitimacy of local authorities' concerns about addressing climate change through planning mechanisms. However, the Court determined that the Secretary of State's approach represented a reasonable policy choice within his statutory powers. The decision emphasised that whilst higher local energy standards might contribute to environmental objectives, the government's assessment of housing delivery risks was a material consideration warranting substantial weight.

The Court of Appeal's analysis distinguished between unlawful fettering of discretion and legitimate policy guidance. The judgement clarified that the Written Ministerial Statement constituted national planning policy guidance rather than an absolute prohibition, leaving scope for exceptional circumstances where local authorities might justify departures from national standards through robust evidence and proper process.

This ruling reinforces the hierarchical relationship between national policy and local planning decisions. The judgement confirms that whilst the Planning and Energy Act 2008 grants local authorities certain powers, these must be exercised within the framework established by national policy guidance. The decision suggests that successful challenges to such guidance require demonstrating clear legal error rather than merely disagreeing with policy choices.

The implications extend beyond energy efficiency standards to broader questions of local authority autonomy in planning matters. The judgement indicates that courts will generally defer to executive policy decisions where these fall within statutory powers and demonstrate appropriate consideration of relevant factors, including environmental obligations.

The decision arrives at a crucial juncture for climate policy and housing delivery. Local authorities seeking to implement ambitious environmental standards must now navigate the constraints imposed by national policy guidance whilst exploring alternative mechanisms to achieve sustainability objectives. The judgement suggests that future success in implementing higher local standards will depend on demonstrating exceptional local circumstances and robust evidence of necessity.

This landmark decision shapes the landscape for planning law and environmental policy, establishing clearer boundaries for local authority powers whilst affirming central government's role in coordinating national housing and environmental priorities. The ruling will likely influence how local authorities approach climate-related planning policies and their relationship with national guidance across various policy domains.

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