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Planning and Energy Act 2008

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Planning and Energy Act 2008

2008 c. 21

An Act to enable local planning authorities to set requirements for energy use and energy efficiency in local plans.

Enacted[13th November 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

1 Energy policies

1 A local planning authority in England may in their local plan and any supplementary plan and a minerals and waste planning authority may in their minerals and waste plan and any supplementary plan, F2... include policies imposing reasonable requirements for—
a a proportion of energy used in development in their area to be energy from renewable sources in the locality of the development;
b a proportion of energy used in development in their area to be low carbon energy from sources in the locality of the development;
c development in their area to comply with energy efficiency standards that exceed the energy requirements of building regulations.
1ZA In relation to the minerals and waste plan or supplementary plan of a minerals and waste planning authority, references in subsection (1) to development in their area are to minerals and waste development in the relevant area.
2 In subsection (1)(c)—
  • “energy efficiency standards” means standards for the purpose of furthering energy efficiency that are—
    1. set out or referred to in regulations made by the Secretary of State under or by virtue of any other enactment (including an enactment passed after the day on which this Act is passed), or
    2. set out or endorsed in national policies or guidance issued by the Secretary of State;
  • “energy requirements”, in relation to building regulations, means requirements of building regulations in respect of energy performance or conservation of fuel and power.
F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The power conferred by subsection (1) has effect subject to subsections (5) and (7) and to—
a sections 15C, 15CA and 15CC of the Planning and Compulsory Purchase Act 2004 (c. 5), in the case of a local planning authority in England;
aza sections 15CB and 15CC of that Act, in the case of a minerals and waste planning authority;
F6aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Policies included in a local plan, a minerals and waste plan or a supplementary plan by virtue of subsection (1) must not be inconsistent with relevant national policies for England.
F86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Relevant national policies are—
a national policies relating to energy from renewable sources, in the case of policies included by virtue of subsection (1)(a);
b national policies relating to low carbon energy, in the case of policies included by virtue of subsection (1)(b);
c national policies relating to furthering energy efficiency, in the case of policies included by virtue of subsection (1)(c).

2 Interpretation

In this Act—
  • F9...
  • “local plan”, “minerals and waste development”, “minerals and waste plan”, “minerals and waste planning authority”, “relevant area” and “supplementary plan” have the same meaning as in Part 2 of the Planning and Compulsory Purchase Act 2004 (see, in particular, section 15LH of that Act);
  • “local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (c. 8).
    F1...

3 Short title and extent

1 This Act may be cited as the Planning and Energy Act 2008.
2 This Act extends to England and Wales.

Footnotes

  1. F1
    Words in s. 2 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 41(b)
  2. C1
    Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
  3. F2
    Words in s. 1(1) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(a)(ii)
  4. F3
    Words in s. 1(2) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(b)
  5. F4
    S. 1(3) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(c)
  6. F5
    Words in s. 1(4) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(d)(i)
  7. F6
    S. 1(4)(aa) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(d)(ii)
  8. F7
    S. 1(4)(b) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(d)(ii)
  9. F8
    S. 1(6) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(e)
  10. F9
    Words in s. 2 omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(3)
  11. F10
    S. 1(1ZA) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 29(3) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  12. F11
    Words in s. 1(1) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 29(2) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  13. F12
    S. 1(4)(aza) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 29(4)(b) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  14. F13
    Words in s. 1(4)(a) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 29(4)(a) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  15. F14
    Words in s. 1(5) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 29(5) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  16. F15
    Words in s. 1(1) substituted (25.3.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 22(2)(a)(i) (with s. 9(3)); S.I. 2026/169, reg. 3(f)(xi)
  17. F16
    Words in s. 2 substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 30 (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)