Government in the High Court in green homes standards row

The government will be in the High Court this week defending guidance that campaigners argue restricts councils’ ability to deliver energy efficient homes.

At the two-day hearing (18 & 19 June), Rights Community Action, who are being supported by Good Law Project, will argue that a December written ministerial statement, which stops councils from demanding higher energy standards for new housing schemes, is unlawful because it does not meet the objectives of the Climate Change Act 2008 and undermines the Planning and Energy Act 2008.

Campaigners say the guidance from Michael Gove’s housing department undermines local authorities’ ability to build energy efficient homes that can tackle fuel poverty and the climate crisis.

In a first test of the Environment Act 2021, the High Court will also decide whether the government assessed the guidance for its environmental impact. 

The campaign has won the backing of TV presenter Kevin McCloud who said there was a tremendous amount of confusion being deliberately sowed by the government to bamboozle local authorities. 

Almost 6,000 people emailed Michael Gove to challenge the guidance, which industry experts and local authority leaders have also criticised.

In February, councils, businesses and charities described the new measures as “unnecessarily draconian”. In a letter to the housing secretary they said the guidance would have a “severe impact on the many local authorities who have invested significant sums to develop much more effective energy performance standards in local policy”.

Good Law Project’s legal manager Bekah Sparrow said:

“In the midst of a climate crisis and with soaring energy bills, ministers should be doing all they can to turbo boost the UK’s ability to deliver energy efficient homes. Yet Michael Gove’s department has done the opposite by limiting councils’ ability to demand the highest standards.

“We hope the High Court will take action so the next government is forced to take our climate commitments seriously and ensure the UK starts playing a proper and responsible role in the battle against the climate crisis.”

TV presenter Kevin McCloud said:

“There is a tremendous amount of confusion deliberately being sowed from central government in order to bamboozle and confuse local authorities.”

“Fifteen years ago we were leading the race towards net zero. Britain was setting the highest possible standards and driving towards zero carbon in construction. Now we’re at the back of the race. Before you know it, England alone will be left utterly stranded as the laughing stock of every other country pursuing net zero.”

Rights Community Action’s chief executive Naomi Luhde-Thompson said:

“Whoever is in charge after 4 July has to ensure that new homes from this point forward are zero carbon in reality, not just on paper. This case is the only opportunity we have to roll back the damage done by the current government to the ambitions of local councils and communities up and down the country to build climate-friendly developments.

“It is also the first test of the flagship Environment Act 2021, and whether or not ministers will be held to account on applying environmental principles to policy. Will we be able to ensure that ministers are basing their decisions on evidence, rather than assumption or opinion?”

Notes

• The High Court hearing will take place over two days from 18 – 19 June at the Royal Courts of Justice.
• The pre-action protocol letter sent by Rights Community Action to the Department for Levelling Up, Housing and Communities.
• The High Court’s permission decision.
• Rights Community Action are expert planners and community campaigners who earlier this year successfully challenged Michael Gove in the High Court over attempts to water down the net zero ambitions of the Salt Cross Garden Village development.