Rights Community Action Limited (claimant/appellant) v Secretary of State for Levelling Up, Housing & Communities (defendant/respondent)
Tuesday 24 – Wednesday 25 June 2025
By Appellant’s Notice submitted on 5 September 2024, Rights: Community: Action Limited, claimant below, appeals the decision of Lieven J sitting in Planning Court dated 2 July 2024 dismissing the claim for judicial review and making a cost order following an oral hearing on 18 & 19 June 2024.
The applicant, Rights: Community: Action Limited, 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. The applicant made an application for judicial review of a Written Ministerial Statement (“WMS”) dated 13 December 2023 titled “Planning – Local Energy Efficiency Standards” (“the 2023 WMS”).
The 2023 WMS replaced an earlier 2015 WMS, that covered the same subject matter of the scope of local authorities’ powers to set standards for new buildings above the building regulations, in circumstances where the 2015 WMS had become outdated after 2021.
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