The Office for Environmental Protection (OEP) notes today’s (Friday, 25 July) decision by the Court of Appeal that brings further clarity to the application of the Environmental Principles Policy Statement (EPPS).
The Court handed down its judgment in R (Rights: Community: Action Ltd) v Secretary of State for Housing, Communities and Local Government, which concerned the duty in the Environment Act 2021 to have due regard to the EPPS.
The judgment brings further clarity to the application of the duty, confirming that an EPPS assessment undertaken at a later stage of the process cannot rectify a failure to comply with the duty at an earlier stage. The Court also confirmed that the duty to have due regard to the EPPS applies throughout the policy-making process, when a policy is being formulated and different policy options are being considered.
This case was the first time the duty has been considered in court and the OEP is pleased to have had the opportunity to intervene in writing and orally at the hearing.
The OEP intervened in this case before the Court of Appeal to seek legal clarity and to make submissions on the interpretation of the law in this area. The OEP did not make any arguments on the particular facts of the case. The OEP’s interest was in seeing the duty interpreted to support sound, environmentally aware policy making which supports delivery of the government’s ambitions for environmental protection and improvement.
Notes
Link to the judgment - Rights Community: Action Limited, R (on the application of) v The Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 990
Link to the written submissions OEP files written submissions in appeal case on application of the EPPS | Office for Environmental Protection
