The Government has conceded two claims for judicial review brought by environmentalist Chris Packham against decisions of the former Conservative government to roll back net zero commitments.
The first claim challenged the decisions announced by the former Prime Minister, Rishi Sunak, in his so-called Net Zero speech on 20 September 2023. Those decisions included:
- the decision to delay the ban on the sale of internal combustion engine vehicles from 2030 to 2035 (‘the ZEV Decision’);
- the decision to delay the ban on the installation of new fossil fuel boilers in homes off the gas grid from 2026 to 2035 (‘the Off-Grid Gas Decision’);
- the decision indefinitely to exempt around 20% of homes from the ban on the installation of new gas boilers from 2035 (‘the Gas Boiler Exemption Decision’); and
- the decision to abandon the policy to require private sector landlords to improve the energy efficiency of their rental properties to EPC C standard from 2025 for new tenancies and from 2028 for all tenancies (‘the Private Sector EPC Decision’).
Those policies were all key elements of the Conservative Government’s Carbon Budget Delivery Plan (‘CBDP’) that had been laid before Parliament after an extensive consultation process less than six months earlier. But now they were to be abandoned.
The effect of Prime Minister Sunak’s announcement was to increase the shortfall in quantified emissions savings in the CBDP from 3% to 10%. But the Government didn’t seek to put in place any policies to make up the shortfall.
The second claim challenged the former government’s decision that, even though their plans fell short by 10%, it was still compliant with its duty under the Climate Change Act to have in place a plan that will enable the carbon budgets to be met (‘the section 13 Decision’). Mr Packham argued that it was not open to the Government – on the information available to it – to assume the gap could somehow be bridged. It meant that Ministers relied on the mere hope, without any evidence, that changes in the economy and technological improvements would somehow come to the rescue.
In a settlement announced on 29 October 2024, the current Government has conceded that the Off Grid Gas Decision and the Private Sector EPC Decision were taken unlawfully in breach of consultation duties. The Government also conceded that the section 13 Decision was unlawful and that the information available to it was insufficient to conclude that its plan, including a 10% shortfall in quantified emissions savings, would enable the carbon budgets to be met.
Although there was no concession as regards the ZEV Decision or the Gas Boiler Exemption Decision, the Government has committed to retake those decisions.
Mr Packham was represented by David Wolfe KC, Toby Fisher, and Catherine Dobson, instructed by Carol Day, Rowan Smith and Julia Eriksen of Leigh Day.