http://www.legislation.gov.uk/ukpga/2008/21/bodyPlanning and Energy Act 2008An Act to enable local planning authorities to set requirements for energy use and energy efficiency in local plans.texttext/xmlenStatute Law Database2026-04-30Expert Participation2026-03-25 Planning and Energy Act 2008s. 1(1A)Deregulation Act 2015s. 43s. 115(7) 11A 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, ... include policies imposing reasonable requirements for—aa proportion of energy used in development in their area to be energy from renewable sources in the locality of the development;ba proportion of energy used in development in their area to be low carbon energy from sources in the locality of the development;cdevelopment in their area to comply with energy efficiency standards that exceed the energy requirements of building regulations.1ZAIn 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.2In subsection (1)(c)—“energy efficiency standards” means standards for the purpose of furthering energy efficiency that are—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), orset 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.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The power conferred by subsection (1) has effect subject to subsections (5) and (7) and to—asections 15C, 15CA and 15CC of the Planning and Compulsory Purchase Act 2004 (c. 5), in the case of a local planning authority in England;azasections 15CB and 15CC of that Act, in the case of a minerals and waste planning authority;aa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Policies 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.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Relevant national policies are—anational policies relating to energy from renewable sources, in the case of policies included by virtue of subsection (1)(a);bnational policies relating to low carbon energy, in the case of policies included by virtue of subsection (1)(b);cnational policies relating to furthering energy efficiency, in the case of policies included by virtue of subsection (1)(c).2In this Act— ... “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)....31This Act may be cited as the Planning and Energy Act 2008.2This Act extends to England and Wales.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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)