A: Open Legal Advice - Energy policy in plans and Building Regulations

The open advice available on the link below establishes the legal justification for for local planning authorities to set planning policies that require new development to achieve higher building fabric and energy efficiency standards than those set out in the national baseline (Building Regulations).  Policies must be justified and evidenced (e.g. Essex Net Zero Evidence).  The advice confirms policies can be expressed using the best practice energy metrics approach (as per the ‘Planning Policy Position for Net Zero Carbon Homes and Buildings in Greater Essex’).   

The open advice 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)

B: Open Legal Advice - Energy policy prior to plan adoption

The open advice on the link below sets out the legal justification for local planning authorities to mandate higher building fabric and energy efficiency standards for new development than current and proposed Building Regulations prior to the adoption of formal local plan policy.

It includes the consideration of the use of Supplementary Planning Documents, Design Guides, Design Codes, other non-statutory local policy statements and draft local plan policies, and the weight applied in decision-taking.  The Advice examines national policy and case law including confirmation that climate change is a mandatory material consideration and local planning authorities must consider the climate impacts of their planning decisions.  

An analysis of Essex policies relevant to climate, energy efficiency and design (as at December 2024) is also included along with bespoke advice for each Essex local planning authority.

Essex Open Legal Advice Part B – Energy policy prior to local plan adoption (Estelle Dehon KC, Cornerstone Barristers, 31 December 2024)

Documents List:

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

2. Essex Open Legal Advice B – Energy policy prior to plan adoption (Estelle Dehon KC, Cornerstone Barristers, 31 December 2024