Rights Community Action (RCA) has expressed disappointment over the High Court’s dismissal of their legal challenge concerning the government’s decision to limit councils’ ability to set higher energy efficiency standards for new homes. This case was crucial for addressing the confusion created by the 2023 written ministerial statement (WMS), which left local authorities in uncertainty.
The Good Homes Alliance shares a strong alignment with RCA regarding the push for enhanced energy efficiency standards in new homes. Together, we have been actively collaborating, notably through the GHA led joint response to the Future Homes Standard options and a TCPA led co-signed letter urging the government to revoke the 2023 WMS.
RCA’s efforts have made significant strides over the past year, particularly in two key areas: reaffirming that existing net-zero policies in local plans should be fully considered in planning applications, and recognizing that additional standards can be implemented to some extent. Last year, in the Salt Cross Garden Village case, RCA highlighted the misuse of an outdated ministerial statement to reject policies that exceeded building regulations. This case confirmed the government’s acknowledgment that local authorities can and should pursue more ambitious standards than those set by current building regulations. See more from RCA on the Salt Cross case here: https://www.rightscommunityaction.co.uk/news/campaigners-and-local-community-triumph-over-governments-attempt-to-water-down-net-zero-housing
Furthermore, the Environment Act 2021, particularly section 19, mandates that environmental principles be applied with “substance, rigour, and an open mind.” This ruling underscores the necessity for the new government to urgently review and unequivocally support the implementation of exemplary energy standards. Such support is critical to reducing carbon emissions and avoiding the future costs associated with retrofitting poorly built homes.
RCA, supported by the Good Law Project, plans to appeal the decision, arguing that the judgment did not adequately address the duties imposed by the Environment Act in this pivotal test case.
Read the full article on the RCA website here: https://www.rightscommunityaction.co.uk/news/high-court-hear-legal-challenge-over-goves-green-homes-roadblock-update