Legal Evidence
(Estelle Dehon KC, Cornerstone Barristers, 16th September 2026)
The open advice available on the link below consolidates and updates the previous advice and establishes the legal justification for local planning authorities to set planning policies that require new development to achieve higher building fabric and energy efficiency standards than those set out in the national baseline (Building Regulations). Policies must be justified by a robust evidence base (e.g. Essex Energy and Carbon Evidence). The advice confirms policies can be expressed using the best practice energy metrics approach (as per Policy GE1: Operational Energy and Carbon in Homes & Buildings set out in the Operational Energy and Carbon Planning Policy Statement (October 2025) for Greater Essex .
