Rights Community Action Ltd, R (on the application of) v Secretary of State for Levelling Up
| Judge | Mrs Justice Lieven |
| Neutral Citation | [2024] EWHC 1693 (Admin) |
| Date | 02 July 2024 |
| Counsel | Mr Alex Goodman Kc,Mr Alex Shattock,Mr Ned Westaway |
| Year | 2024 |
| Court | King's Bench Division (Administrative Court) |
Neutral Citation Number: [2024] EWHC 1693 (Admin)
Case No: AC-2024-LON-000621
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 02/07/2024
Before :
MRS JUSTICE LIEVEN DBE
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Between :
THE KING
(on the application of)
RIGHTS COMMUNITY ACTION LTD
Claimant
and
SECRETARY OF STATE FOR LEVELLING UP,
HOUSING AND COMMUNITIES
Defendant
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- - - - - - - - - - - - - - - - - - - - -
Mr Alex Goodman KC and Mr Alex Shattock (instructed by Good Law Practice Ltd) for
the Claimant
Mr Ned Westaway (instructed by Government Legal Department) for the Defendant
Hearing dates: 18-19 June 2024
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Approved Judgment
This judgment was handed down remotely at 10.30am on 2 July 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
.............................
MRS JUSTICE LIEVEN
Judgment Approved by the court for handing down. AC-2024-LON-000621
Mrs Justice Lieven DBE :
1. This is an application for judicial review of a Written Ministerial Statement (“WMS”)
dated 13 December 2023 titled “Planning – Local Energy Efficiency Standards
Update” (“the 2023 WMS”).
2. The Claimant was represented by Alex Goodman KC and Alex Shattock, and the
Defendant was represented by Ned Westaway.
3. There are three Grounds of Challenge:
a) Ground 1: In promulgating the 2023 WMS, and subsequently, the
Defendant failed to fulfil his duty under s.19(1) of the Environment
Act 2021 (“EA”) to have due regard to the Environmental
Principles Policy Statement (“EPPS”).
b) Ground 2: The Minister, through the 2023 WMS, unlawfully
purported to restrict the exercise by local authorities of powers
conferred by statute. In particular:
i. The 2023 WMS misdirects local authorities, or purports to
the Planning and Energy Act 2008 (“PEA”) to set policies in
their development plans seeking energy efficiency standards
which exceed building regulations, in a manner inconsistent
with the Act’s purpose or objects.
ii. The 2023 WMS unlawfully misdirects or purports to restrain
the ability of local authorities to meet their duty under s.19 of
the Planning and Compulsory Purchase Act 2004 (“PCPA”)
(which provides that development plan documents must
include policies designed to secure that the development and
use of land in the local planning authority's area contribute to
the mitigation of, and adaptation to, climate change).
iii. The 2023 WMS unlawfully misdirects decision-makers as to
the application of the statutory presumption in favour of the
development plan contained in s.38(6) of the PCPA.
c) Ground 3: The 2023 WMS presents an unlawfully misleading
picture of the legal powers of decision makers (in particular
Planning Inspectors): R (A) v SSHD [2021] 1 WLR 3931.
4. The Claimant is a non-governmental organisation incorporated as a limited company
in January 2019 with social and environmental objectives, and is involved in
community planning, particularly the formation of local development plans. There is
no dispute about the Claimant’s standing to bring this challenge.
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