Environmental watchdog seeks to intervene in Court of Appeal battle over home energy efficiency standards

The Office for Environmental Protection (OEP) is seeking permission to intervene in a Court of Appeal case relating to housing energy efficiency standards, which the watchdog said would set a precedent concerning how the government takes account of environmental issues in its policies.

The court has been asked by Rights Community Action to hear a case appealing the High Court’s decision over the duty of the Secretary of State for Housing, Communities and Local Government to have due regard to the Environmental Principles Policy Statement (EPPS) in decisions.

Rights Community Action lost in the High Court over whether the then Secretary of State acted lawfully in issuing a written ministerial statement that prevented local authorities from setting energy efficiency standards for new buildings that exceed those in the Building Regulations.

The OEP said its intervention was intended to clarify what the duty to have due regard to the EPPS requires as “the case has wide potential implications and would be an important precedent”.  

It would not make arguments about the facts of the case but said its interest was in “wishing to see the duty interpreted to support sound, environmentally aware policy making and hence further delivery of the government’s ambitions for environmental protection and improvement”.

OEP general counsel, Peter Ashford, said: “The Environmental Principles Policy Statement is a pillar of environmental governance under the Environment Act 2021.  

“Clarity in how this statement is to be applied is important to enable it to play its role in supporting government’s delivery of the Environmental Improvement Plan and Environment Act targets for the benefit of the natural environment.” 

Environmental think tank and charity Green Alliance has applied to make a similar intervention in the case.

It called this “the first serious examination by the judiciary of this important environmental duty and will set an important precedent”.

Green Alliance senior fellow Ruth Chambers said: “We are doing this because the judgment from the High Court has cast doubt on how the duty to take account of environmental principles should work.

“Given its foundational nature, it is essential that this duty is always applied consistently and properly, or it risks undermining important UK environmental protections.”

Mark Smulian