Using Planning Law to Drive Climate Action in the Buildings Sector 

An impact case study based on the research of Dr Samuel Ruiz-Tagle, CCE Postdoctoral Researcher from May 2022 to May 2025. 

Overview 

Postdoctoral Researcher Dr Samuel Ruiz-Tagle examined how the UK planning system can better support climate mitigation and adaptation in the buildings sector, the country’s second largest source of emissions. His work identified critical legal gaps and proposed a statutory duty for planning authorities to give “special regard” to climate considerations in every planning decision. Through extensive engagement with Parliament and Peers for the Planet, his recommendations directly shaped section 94 of the Levelling-up and Regeneration Act 2023, embedding climate responsibility into future planning policy.  

The Challenge 

The buildings sector has consistently been the UK’s second-largest source of greenhouse gas emissions. Samuel identified that, although climate change appears in high-level planning policy, it is not treated as a mandatory or priority factor in individual planning decisions. This gap prevents the translation of strategic climate goals into everyday planning practice, weakening national progress towards net zero. His research sought to close this governance gap by analysing barriers within the planning law framework and proposing reforms to ensure climate considerations receive appropriate legal weight.  

Our Approach 

As part of the Centre for Climate Engagement’s programme of postdoctoral research, Samuel conducted a detailed legal analysis of how planning authorities currently address climate mitigation and adaptation. 

CCE supported his work by: 

• Facilitating engagement with Peers for the Planet, a cross-party group in the House of Lords. 

• Supporting the drafting of written and oral evidence to the House of Commons and the House of Lords during the passage of the Levelling-up and Regeneration Act. 

• Publishing a policy briefing clarifying pitfalls in the current planning law regime and outlining the rationale for reform. 

His proposal centred on introducing a statutory duty for planning authorities to give “special regard” to climate mitigation and adaptation, mirroring the existing duty applied in listed-building decisions to ensure “considerable importance and weight.”  

Impact 

Quantitative Impact 

• Stakeholders engaged: Parliamentarians and members of Peers for the Planet. 

• Parliamentary interventions: Evidence submitted to both the House of Commons and House of Lords. 

• Outputs:  
  • Expert Briefing: Planning law, levelling-up, and net zero 
  • Policy Insight: the Levelling-up and Regeneration Act 2023 
  • Spotlight interview 
  • Multiple submissions during the legislative process, including briefings to advisers of the House of Lords
  • Meetings with Peers to provide oral advice

Qualitative Impact 

• Strengthened policymakers’ understanding of legal gaps in planning law. 

• Enabled Peers to table amendments that advanced climate priorities. 

• Helped shift national debate, generating coverage in outlets such as the New Statesman. 

• Contributed directly to the Government’s decision to introduce a statutory duty on the Secretary of State to consider climate mitigation and adaptation when preparing National Development Management Policies (NDMPs). 

• Ultimately, the proposal influenced section 94 of the Levelling-up and Regeneration Act 2023, marking a significant step forward in climate governance.  

Learning and Insights 

What worked well: 

• Clear legal proposals grounded in existing case law made the argument compelling and practical. 

• Close collaboration with Peers for the Planet ensured direct influence on legislative drafting. 

Challenges: 

• Due to Government reluctance, the Bill entered a period of “ping pong” between the Commons and the Lords, requiring sustained engagement and refinement of proposals to reach an agreement. 

Insight:  

• Translating academic research into concrete legal solutions can have significant legislative impact when paired with the right partnerships and policy windows.  

What’s Next 

Samuel’s work provides the foundation for further research on how the new NDMP duties will be implemented, monitored and strengthened over time. CCE will continue to support research and policy engagement to ensure planning law effectively enables climate mitigation and adaptation across the UK. 

Explore more of CCE’s work at the intersection of climate law, policy and governance, or contact us to collaborate on future research and policy initiatives.