Press Release: Government policy restricting green planning ambitions to be challenged in Court of Appeal

Climate campaign group Rights Community Action (RCA) will challenge government policy restricting the green ambitions of local planning authorities in the Court of Appeal.  

At the hearing on the 24 and 25 June, RCA will argue against an update to a government Written Ministerial Statement (WMS) which prevents local authorities from setting higher and more ambitious green requirements for housing developments. 

A similar WMS was initially published in 2015, and acts as government planning policy in a range of matters. 

In a February 2024 judgment overturning a decision by planning inspectors to water down net zero plans for a village in Oxford, judges ruled that the WMS had been overtaken by current policies.  

Following this, the government implemented an update to the WMS which states that plans for developments should not contain energy efficiency standards for buildings that go beyond what is set out in current or future government building regulations. 

RCA says this policy effectively puts a cap on local authorities pushing to construct greener developments, unlawfully restricting their power to build more energy efficient homes.  

The group also argues that the updated statement contradicts the government’s duty under the Environment Act 2021 to consider its own environmental principles policy statement.  

RCA’s judicial review claim against the update was dismissed by the High Court last summer, but permission to appeal the ruling was granted in November 2024. 

RCA will argue its claim in the Court of Appeal on the below grounds:  

• The judge at the High Court misunderstood section 19 of the Environment Act, which requires ministers to give consideration to the government’s environmental principles policy statement when making policies. 

• The judge misinterpreted section 1 of the Planning and Energy Act, which empowers local authorities to include green energy policies when putting forward development plans. 

Naomi Luhde-Thompson, CEO of Rights Community Action, said: 

“It shouldn’t be controversial to expect government support for councils who want to build homes that are fit for the future — warm, energy efficient, and aligned with our climate commitments. Local communities are ready to lead the way, but the government is tying their hands with outdated and short-sighted policy - why? 

“This case is also crucial to ensuring that Ministers use scientific evidence in making policy at national level that has an impact on the environment. This is just common sense. 

“We’re going to the Court of Appeal because we believe local authorities must be empowered, not blocked, when it comes to protecting people from high energy bills and acting on the impacts of the climate crisis, and that the Government should take its environmental responsibilities seriously. 

“The Government seems to think people are the problem - we've taken this case because we know that people are the solution.” 

Leigh Day partner Ricardo Gama, who represents RCA, said:  

“It is bizarre that the government seems happy to allow new homes in 2025 to be built without proper insulation and other energy efficiency measures, which would reduce bills and will need to be introduced at some point if we’re going to meet the net zero target. Failing to build homes to a net zero standard at the outset just means they’ll need to be retrofitted in a few years’ time, at even higher cost.  

That’s why Rights Community Action are disappointed that they are having to go all the way to the Court of Appeal to establish the legal right of local councils to fill the gap left by national government policy. They are looking forward to putting their case to the court.” 

ENDS