The TCPA, a Good Homes Alliance partner, has published a comprehensive update for local planning authorities navigating the complex policy and legal landscape around setting higher energy efficiency standards through local plans. This resource brings together recent legal decisions, ministerial statements, and open legal advice to support LPAs in developing robust, net-zero-aligned policies. Key points include:
- Status of the 2023 Written Ministerial Statement (WMS): The WMS should be treated as national policy guidance – a material consideration, not a legal barrier.
- Court of Appeal judgment (July 2025): Confirmed that LPAs retain the right to set higher standards where justified by evidence, despite the WMS, and acknowledged the “tension” between national policy and local powers.
- Practical implications for LPAs: Authorities can still adopt ambitious net zero policies (including using energy-based metrics), provided they present strong evidence and viability assessments to satisfy inspectors.
- Supportive legal resources: TCPA links to pre-action correspondence, open legal advice from Cornerstone Barristers, and examples of local plans already setting higher standards — offering practical tools for councils.
The TCPA strongly encourages local authorities to be ambitious, seeing locally determined building standards as a vital way to meet climate obligations under the Climate Change Act 2008.
Click here to read the full blog from TCPA
Setting local plan policies for net zero buildings