4.1.2  A statutory duty to prioritise action

740.  The Review heard frustration from local authorities about the lack of a statutory duty to deliver or consider net zero. The Climate Change Committee (CCC) found that:

"There is a risk that, despite their commitment to climate goals, projects may be delayed in favour of delivering core statutory duties."532

741.  In May 2022, the Scottish Government introduced a statutory duty for local authorities to: 

"[Prepare], publish and update a local heat and energy efficiency strategy, and a local heat and energy efficiency delivery plan."533

742.  In Wales, local authorities have a duty under the Well-being of Future Generations (Wales) Act 2015 to consider sustainable development.

743.  The Environment Act (2021) also introduced a duty for central government policymaking to have due regard for the impact of policies on the environment, which could provide the basis for a similar local duty. The Health and Care Act (2022) brought in requirements for NHS England to have due regard for climate change, including current and predicted impacts.

744.  Evidence provided to the Review by Somerset County Council noted that a statutory duty could have positive knock-on effects in local economies due to the money spent by local authorities on procurement and commissioning, and that the current lack of a duty risks deprioritisation of net zero action.534

745.  One local authority pointed to local authorities' existing statutory duty to consider and preserve local heritage, making it essentially impossible for them locally to improve the energy efficiency of listed homes and buildings, or those in conservation areas.535

"The absence of a legal duty or requirement for organisations to act on climate change and the decarbonisation agenda is a significant barrier to delivering on decarbonisation... the lack of any legal duty and associated powers for local authorities to compel organisations to act on climate change means that much of our work is focused on facilitating change with local communities and stakeholders, rather than having the powers to require stakeholders to act" - Westminster City Council536

746.  The Net Zero Strategy found that a statutory duty should not be introduced, partly "because of the existing level of local commitment with the sector".537 This fails to sufficiently recognise the challenge of turning this commitment into action. Given their role as place-makers rather than simply as service delivery partners, tackling climate change should be an integral purpose of local authorities, and part of their future role and responsibilities.

747.  The Net Zero Strategy also argues that "it is difficult to create a uniform requirement that reflects the diversity of barriers and opportunities local places experience."538 But it is possible for a duty - particularly one supported by appropriate devolution and clarity under a local framework - to allow sufficient flexibility in delivery to reflect local needs. This is already the case with a number of statutory duties - for example, local authorities have a statutory duty to protect residents from climate-related risks such as flooding, but they can still do this in a way most appropriate to their local circumstances.

748.  A statutory duty must be carefully designed to avoid adverse consequences on other areas of local authority delivery, and to drive the action that both local and central government want to see. Any duty should take careful account of exactly what behaviours it is trying to drive at a local level, and how delivery will materialise locally.

749.  The local net zero framework should therefore be supported with a statutory duty for local authorities to take account of the UK's net zero targets. The statutory duty should encourage close community engagement on net zero, create clear accountability and responsibility for net zero within local authorities and encourage a whole system view across the breadth of areas for which local authorities are responsible.

750.  BEIS, DLUHC and local government should work closely to develop the exact details of this duty and should also consider whether a wide variety of areas within net zero delivery should form part of the broader duty - for example, local authorities could have specific duties to develop local transport plans, local energy efficiency strategies or Local Area Energy Plans.

751.  It is vital that central government provides appropriate additional support for local authorities to deliver this duty so as not to negatively impact delivery of other important local services.