Ellie Ames 22 February 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

Digital Trainee Apprentice - IT Solutions Technician Level 3

Essex County Council
£15435.0000 - £24522.0000 per annum
Digital Trainee Apprentice - IT Solutions Technician Level 3Fixed Term, Full Time£15,435 increasing to £24,522 in the second yearLocation
Recuriter: Essex County Council

Head of Revenue & Benefits

Stroud District Council
up to £66,952
Located in the heart of beautiful Gloucestershire, Stroud District Council is seeking a passionate, values-driven leader... Ebley Mill, Stroud / Hybrid
Recuriter: Stroud District Council

Strategic Director of Housing & Communities

Stroud District Council
up to £99,764 (includes a market supplement, based on experience)
Located in the heart of beautiful Gloucestershire, Stroud District Council is seeking a passionate, values-driven leader... Ebley Mill, Stroud / Hybrid
Recuriter: Stroud District Council

IT Support Officer - Rochford District Council

Essex County Council
Up to £15.9900 per hour
IT Support Officer - Rochford District Council Rochford, Essex Full-Time, Temporary - 37 hours per week 3-Month Contract £15.99 PAYE / £20.51 Umbrella England, Essex, Rochford
Recuriter: Essex County Council

Senior Environmental Health Officer

North Yorkshire Council
£47,181 - £51,356 per annum
Are you passionate about protecting the environment and promoting public health? Scarborough, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner