Builders Merchants Journal – BMJ Publishing to Builders Merchants and the UK merchanting industry for more than 95 years
An attempt by the Association for the Conservation of Energy to overturn a government decision on consequential improvements legislation via a judicial review has failed in the High Court.
Communities secretary Eric Pickles scrapped the plans, dubbed the ‘conservatory tax’, in December. They would have required around 10% of the cost of extensions and garage conversions to be spent on energy efficiency improvements.
ACE challenged the decision not not to go ahead with the reforms to Part L building regulations in March this year.
However, Construction News reports that a High Court judge, Mr Justice Nichol, ruled that Pickles’ decision not to proceed with his proposal could not be challenged in judicial review.
The judge found that government ministers are entitled to make policy decisions as they see fit, provided representations made during consultation have been “genuinely considered”.
