In recent months, several local authorities have incorporated net zero policies in their Local Plans, highlighting the ambitions of many to go further and take serious steps to meeting legally binding climate targets, as well as create lower carbon homes and energy bill reductions for their residents.
There has also been an update on the legal challenge to the 2023 WMS that many have seen as limiting local authority ambitions.
Leading authorities are moving to Energy Use Intensity (EUI, which are measured in kWh/m²/yr) based metrics for clearer, more comparable standards aligned with national climate goals, as demonstrated by LETI and the Net Zero Carbon Building Standard, and moving away from the limitations of EPC’s.
Winchester: The Local Plan Inspector recently commented on Policy CN3, which proposes higher local energy efficiency standards than national building regulations. Winchester has adopted an Energy Use Intensity (EUI) framework with 35 kWh/m²/yr (total energy) and 15 kWh/m²/yr (space heating) standards, instead of percentage increases against the Target Emission Rate (TER). The Inspector found these standards to be justified, viable, and consistent with national policy, given minor modifications. You can find more information here: https://www.localplan.winchester.gov.uk/examination-page
Salt Cross Garden Village (West Oxfordshire): In early 2024, the Court of Appeal determined that local authorities may set energy standards exceeding national building regulations, notwithstanding the 2023 Written Ministerial Statement (WMS). Following this, Salt Cross’s net zero policy, based on EUI metrics, was approved, subject to some main modifications and a subsequent six-week consultation. The TCPA noted the significance in light of previous examination refusals and judicial reviews. More information is available here https://news.westoxon.gov.uk/news/landmark-salt-cross-development-moves-forward-as-ambitious-net-zero-policy-is-approved
Tendring Colchester Borders: In June, adoption of the Tendring Colchester Borders Garden Community DPD included specific EUI targets: 40 kWh/m²/yr (total energy) and 30 kWh/m²/yr (space heating), providing another example of incorporating these targets into policy. More information available here https://www.colchester.gov.uk/local-plan/tendring-colchester-borders/
Court of Appeal on the WMS: The Court of Appeal also dismissed a further legal challenge to the December 2023 WMS. While the appeal did not succeed, the judgement clarified the status of the WMS, acknowledging the relationship between the WMS and local authorities’ ability to set policies differing from national policy where justified. Section 1(1)(c) powers remain available to councils if they comply with national guidance and provide supporting evidence.
The full judgement and decision can be found here: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/990?from_date=2025-07-25&to_date=2025-07-25
Additional analysis can be found from Bioregional, TCPA, and a LinkedIn Post from Estelle Dehon KC.
- https://www.bioregional.com/news-and-opinion/wms-court-of-appeal-ruling-local-energy-standards
- https://www.tcpa.org.uk/resources/setting-local-plan-policies-for-net-zero-buildings/
- https://www.linkedin.com/feed/update/urn:li:activity:7363198507295408129/
This practice follows examples such as Cornwall. Emily Rubin, Principal Development Officer at Cornwall Council, stated that “Policy SEC1 (the net zero policy) has been implemented since June 2023, a year during which Cornwall Council processed the most applications for dwellings of any planning authority in England and approval rates have remained high. The use of the offsetting by exception route (for where there are technical limitations) has been negligible. The success of the policy has been helped by training, guidance and support given to applicants and officers. A specialist officer supports the application of the policy including through pre-application advice.” Find out more about the DPD here https://www.cornwall.gov.uk/planning-and-building-control/planning-policy/adopted-plans/climate-emergency-development-plan-document/
Comparable results have been reported in Bath & North East Somerset and Central Lincolnshire.
Visit the Good Homes Alliance Net Zero Planning Policy Hub to find out more about local plans, including news, case studies, timelines and actions, practical steps, and overcoming barriers.
Photo by Matt Seymour on Unsplash