Ellie Ames Thursday, February 22, 2024

Planning inspectors acted unlawfully over council’s net zero plans

Planning inspectors acted unlawfully over council’s net zero plans image
Image: West Oxfordshire District Council

Planning inspectors were wrong to describe West Oxfordshire District Council’s net zero plans for a garden village as ‘too rigorous’, a High Court judge has ruled.

The local authority said Salt Cross Garden Village, which is to be built between Witney and Oxford, should be fossil fuel free, with 100% of the energy required by its buildings generated from onsite renewables.

But inspectors said the council’s standards for the scheme conflicted with a 2015 written ministerial statement that set out national policy on energy efficiency.

After climate collective Rights Community Action (RCA) launched a legal challenge, Mrs Justice Lieven ruled this week that planning inspectors had acted unlawfully when they said the village did not need to be built to the council’s net zero standards.

She said inspectors were wrong to take the 2015 ministerial statement as an expression of national policy without recognising later law and policy.

Leigh Day solicitor Ricardo Gama, who represented RCA, said: ‘The case is a frustrating example of a local authority trying to take ambitious action on climate change and being hamstrung by confusion in central government and so it’s welcome that the judge has clarified the legal position.’

Council leader Andy Graham said the authority was ‘incredibly pleased’ with the judgement.

He added: ‘We want this to be a groundbreaking, sustainable housing development which is why we pushed for higher standards in regards to net zero carbon homes and energy efficiency.’

The Planning Inspectorate declined to comment.

SIGN UP
For your free daily news bulletin
Highways jobs

Advanced Teaching Assistant PLC

North Yorkshire Council
£26,824 - £29,064 per annum, pro rata
Are you passionate about making a difference in the lives of young people with additional needs? Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

Heritage Venues Maintenance and Technical Manager

Durham County Council
Grade 6 £28,142 - £31,022 pro rata to hours worked (Pay award pending)
We’re recruiting a hands-on Heritage Venues Maintenance and Technical Manager to help care for the remarkable industrial heritage of Killhope in its Durham
Recuriter: Durham County Council

Technical Assistant

Durham County Council
£28,142-£31,022
The Neighbourhood Protection Team are looking for a Technical Assistant.  You will be required to work at Durham Crematorium.   WHAT IS INVOLVED? To a Durham
Recuriter: Durham County Council

Casual Technical Assistant

Durham County Council
£28,142-£31,022
The Neighbourhood Protection Team are look for a Casual Technical Assistant.  You will be required to work between Durham Crematorium and Mountsett Cr Durham
Recuriter: Durham County Council

Teaching Assistant

Durham County Council
£25,583 - £26,824 (pro rata)
The Governors are seeking to appoint a  highly motivated, committed and experienced Teaching Assistant who will play a key role in providing support t Durham
Recuriter: Durham County Council
Linkedin Banner