R (Rights: Community: Action Ltd) v Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 990
Rights: Community: Action is an important Court of Appeal decision on local energy-efficiency policies, the relationship between local plans and national planning policy, and the Environment Act 2021 duty on Ministers when making environmental policy.
The challenge concerned the December 2023 Written Ministerial Statement on local energy-efficiency standards for new development.
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- Neutral citation
- [2025] EWCA Civ 990
- Court
- Court of Appeal (Civil Division)
- Judgment date
- 25th July 2025
- Judge
- Dingemans LJ, Lewis LJ and Holgate LJ
- Case number
- CA-2024-001754
The Environment Act duty applies while policy is being made
Section 19 of the Environment Act 2021 requires a Minister to have due regard to the Environmental Principles Policy Statement when making policy. “Making” includes developing, adopting and revising policy.
The Court accepted that there had been a breach when the WMS was adopted in December 2023 because the required assessment had not been before the Minister at that point.
A later assessment does not retrospectively erase the earlier breach
A subsequent compliant assessment cannot rewrite history and make the original decision lawful from the outset. But where the policy is then genuinely reconsidered with proper regard to the environmental principles, the court may decide that the earlier breach no longer justifies quashing or declaratory relief.
The Court found the later assessment legally adequate and undertaken in good faith.
The duty is one of due regard, not a required environmental outcome
The Minister had to engage with the relevant environmental principles in substance, with rigour and an open mind. The duty did not require the Government to choose the policy producing the greatest possible carbon reduction. Weight and the ultimate policy choice remained for the Minister, subject to ordinary public-law control.
What did the Planning and Energy Act 2008 allow?
The Court held that section 1(1)(c) and section 1(2) of the Planning and Energy Act 2008 constrain local energy-efficiency standards by reference to standards set out, referred to or endorsed in national regulations or policy. The WMS did not unlawfully empty the statutory power of content.
The Court did, however, identify an unresolved tension over whether other powers in the Planning and Compulsory Purchase Act 2004 might support a local plan standard going further than a nationally endorsed standard. It was unnecessary to decide that issue on this appeal.
National policy does not displace the statutory development plan
The judgment reiterates that national policy is a material consideration. It does not displace the statutory priority given to the development plan by section 38(6). Existing local plan policies can therefore remain part of the statutory plan even where later national policy encourages a different approach, with the weight and application of those considerations being matters for lawful planning judgment.
Read the full Rights: Community: Action judgment
Planning Geek holds the approved Court of Appeal judgment in the protected case law library. Gold Members can open the PDF below.
Rights: Community: Action Case Law Page Updated: 11th September 2026