Rights Community Action Ltd vs Secretary of State for Levelling Up, Housing and Communities – High Court – [2024] EWHC 1693 (Admin) – Case Summary

Relevant for:

Environmental law practitioners, planning lawyers, local government lawyers

This case concerned an application for judicial review brought by Rights Community Action Ltd against the Secretary of State for Levelling Up, Housing and Communities. The judicial review challenged a Written Ministerial Statement (WMS) issued on 13 December 2023, which provided guidance on local energy efficiency standards for new buildings.

TLDR:

• Judicial review of a Written Ministerial Statement (WMS) on local energy efficiency standards.
• Claimant argued the WMS failed to consider the Environmental Principles Policy Statement (EPPS).
• Claimant argued the WMS unlawfully restricted local authorities' statutory powers.
• High Court dismissed the judicial review on all grounds.

The claimant, Rights Community Action Ltd, is a non-governmental organization focused on social and environmental objectives, particularly in community planning. The dispute arose from a Written Ministerial Statement (WMS) issued by the Secretary of State for Levelling Up, Housing and Communities on 13 December 2023. The WMS provided updated guidance on local energy efficiency standards for new buildings, replacing a previous statement from 2015.

The claimant challenged the WMS on three grounds. Firstly, they argued that the Secretary of State failed to fulfill the duty under section 19(1) of the Environment Act 2021 to have due regard to the Environmental Principles Policy Statement (EPPS). Secondly, they contended that the WMS unlawfully restricted local authorities' statutory powers to set energy efficiency standards exceeding building regulations. Thirdly, the claimant argued that the WMS presented a misleading picture of the legal powers of decision-makers, particularly Planning Inspectors.

The High Court, presided over by Mrs Justice Lieven DBE, examined the grounds of challenge in detail. On the first ground, the court found that while the Minister did not have express regard to the EPPS before promulgating the WMS, the subsequent assessment in February 2024 met the statutory duty. The court held that the assessment was conducted with substance, rigour, and an open mind, thus fulfilling the requirements of section 19 of the Environment Act 2021.

Regarding the second ground, the court concluded that the WMS did not unlawfully restrict local authorities' powers under section 1 of the Planning and Energy Act 2008. The court noted that the WMS aimed to prevent inconsistencies in energy efficiency standards across different local authorities, which aligned with the statutory framework. The court also found that the WMS did not frustrate the local authorities' duties under section 19(1A) of the Planning and Compulsory Purchase Act 2004 or the primacy of the development plan under section 38(6) of the same Act.

On the third ground, the court held that the WMS did not misstate the law or present a misleading picture of the legal powers of decision-makers. The court found that the WMS provided clear guidance on the application of local energy efficiency standards, consistent with national policy.

In conclusion, the High Court dismissed the judicial review on all grounds, upholding the legality of the Written Ministerial Statement issued on 13 December 2023.

Legal representatives: Mr Alex Goodman KC and Mr Alex Shattock (instructed by Good Law Practice Ltd) for the Claimant. Mr Ned Westaway (instructed by Government Legal Department) for the Defendant.

Judicial Panel: Mrs Justice Lieven DBE

Case Citation Reference: [2024] EWHC 1693 (Admin)