Environmental watchdog granted permission to intervene in case about setting of housing energy efficiency standards by local authorities

Regulator the Office for Environmental Protection (OEP) has been granted permission by the Court of Appeal to intervene in a case which could clarify how Government departments should consider environmental issues in policy making.

The case of Rights Community Action v the Secretary of State for Housing, Communities and Local Government concerns the duty in the Environment Act 2021 on departments to have due regard to the Environmental Principles Policy Statement.

Rights Community Action’s case concerns the setting of housing energy efficiency standards by local authorities and the OEP will not join in arguments on the facts of the case.

It said its interest lay in seeing the duty interpreted to promote sound, environmentally aware policy making which supports government’s ambitions for environmental protection and improvement.

General Counsel Peter Ashford said: “We are pleased to have the opportunity to put our points on important issues of environmental law to the Court of Appeal.

“We hope to assist the court in clarifying how this statement is to be applied so that it can play its role in supporting government’s delivery of the Environmental Improvement Plan and Environment Act targets for the benefit of the natural environment.” 

Rights Community Action lost in the High Court over whether the then Secretary of State acted lawfully in issuing a written ministerial statement that prevented local authorities from setting energy efficiency standards for new buildings that exceed those in the Building Regulations.

Mark Smulian