Court of Appeal hands down decision in R (Rights: Community: Action Ltd) v Secretary of State for Housing, Communities and Local Government

On 25 July 2025, the Court of Appeal handed down judgment in R (Rights: Community: Action Ltd) v Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 990.

39 Essex Chambers' barristers Stephen Tromans KC and Ruth Keating acted for the Office for Environmental Protection (OEP). The OEP intervened in writing and orally at the hearing.

The case is the first time the court has considered the duty in section 19 of the Environment Act 2021 to have due regard to the Environmental Principles Policy Statement (EPPS).

The Court of Appeal has confirmed in its judgment that:

• The duty may apply at a number of stages in the “making” of a policy and not only at the point of adoption (at [85]).
• The duty applies when a policy is being formulated and different policy options are being considered (at [85]).
• If there is a breach of the duty when a policy is adopted, it is open to a Minister to later consider afresh whether to approve the policy after having had due regard to the EPPS. That later consideration does not remedy the earlier breach or retrospectively validate that decision (at [88]). 

The judgment is available: here.

The OEP’s written submissions are available: here.