The Office for Environmental Protection (OEP) is seeking permission to intervene if the Court of Appeal agrees to hear a case which could help clarify how Government departments should consider environmental issues when developing policies.
It has sought permission to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government, which will consider the duty to have due regard to the Environmental Principles Policy Statement (EPPS).
The aim of the intervention would be to clarify what the duty to have due regard to the EPPS requires and to assist the Court of Appeal on a neutral basis. The case has wide potential implications and would be an important precedent.
The OEP is not seeking to make arguments on the particular facts of the case, which relate to the setting of housing energy efficiency standards by local authorities.
Rather, the OEP’s interest is in wishing to see the duty interpreted to support sound, environmentally aware policy making and hence further delivery of the government’s ambitions for environmental protection and improvement.
OEP General Counsel, Peter Ashford, said: “The Environmental Principles Policy Statement is a pillar of environmental governance under the Environment Act 2021.
“Clarity in how this statement is to be applied is important to enable it to play its role in supporting government’s delivery of the Environmental Improvement Plan and Environment Act targets for the benefit of the natural environment.
“We will now wait to hear both whether the Court of Appeal agrees to hear the appeal and, if so, whether it grants permission for the OEP to intervene.”
Notes to Editors
Full reference for case in the High Court R (on the application of Rights Community Action Ltd) (Applicant) v Secretary of State for Housing, Communities and Local Government (Respondent) [2024] EWHC 1693 (Admin).
The duty to have due regard to the Environmental Principles Policy Statement is in section 19 Environment Act 2021.
Under section 41 Environment Act 2021 the OEP must publish a statement where it applies to intervene in a case. This is that statement.
