Essex Climate Action Commission and Essex County Council commissioned Estelle Dehon KC at Cornerstone Barristers to provide legal advice on the matter concerning the ability of local planning authorities to set local plan policies that require development to achieve energy efficiency standards above Building Regulations.  The open advice document available on the link below establishes the legal justification for requiring higher targets for energy performance standards for development than the national baseline and can be relied upon by local planning authorities in open fora, such as public inquiries and local plan examinations. 

The open advice was originally published on 28^th April 2023 has been updated to address the 13^th December 2023 Written Ministerial Statement ‘Planning – Local Energy Efficiency Standards Update’ and incorporate the Salt Cross Judgement of 20^th February 2024. 

Essex Open Legal Advice – Energy policy and Building Regulations (Estelle Dehon KC, Cornerstone Barristers, 25 February 2024)