Climate campaigners launch Supreme Court bid over local energy efficiency standards

Rights Community Action's (RCA's) legal challenge centres around a written ministerial statement (WMS) issued in 2023, which set out how councils should approach setting building efficiency standards for new developments that exceed the requirements of building regulations.

CMA launched an initial High Court challenge of the WMS in 2024, claiming that the policy acted as a "road block" to councils building green homes.

Mrs Justice Lieven dismissed RCA's challenge in July 2024, leading the group to apply to the Court of Appeal.

The Court of Appeal ultimately rejected both grounds.

RCA has this week (6 October) lodged an application to the Supreme Court for permission to appeal. 

In a statement on its Court of Appeal bid in June 2025, RCA said that the WMS "effectively puts a cap on local authorities pushing to construct greener developments, unlawfully restricting their power to build more energy efficient homes".   

The first ground advanced at the Court of Appeal claimed that Lieven J had erred in her interpretation of section 19 of the Environment Act 2021, which requires policymakers to have due regard to the Government's Environmental Principles Policy Statement (EPPS).

The second ground meanwhile argued the High Court judge erred in her interpretation of section 1 of the Planning and Energy Act 2008, which empowers local authorities to include green energy policies when putting forward development plans.

Their appeal stated: "Properly understood, it allows local authorities to set a percentage uplift above the Building Regulations that does not have to be set out in national policy.

"This error of interpretation tainted her consideration of whether the 2023 WMS cut across the statutory power in s 1."

A spokesperson for the Ministry of Housing, Communities & Local Government said the department cannot comment on live litigation.

Adam Carey

See also: The power of local authorities to set local energy efficiency standards - Estelle Dehon KC and Rowan Clapp analyse the Court of Appeal’s ruling.