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

Social Worker - Children's Disability

North East Lincolnshire Council
Salary from ASYE level £36,363 up to £46,142
Compassion at the heart of everything we do. North East Lincolnshire
Recuriter: North East Lincolnshire Council

Business Support Apprentice

North East Lincolnshire Council
National Minimum Wage - Apprentice
Kick‑start your career in Business Support! North East Lincolnshire
Recuriter: North East Lincolnshire Council

Principal Highways and Transport Planning Officer

West Northamptonshire Council
£49,587 - £52,860
The Highways and Transport Team delivers essential statutory services relied upon by all residents of West Northamptonshire. Northampton, Northamptonshire
Recuriter: West Northamptonshire Council

Head of Place and Sustainability

Carmarthenshire County Council
£103,132 to £109,864
Carmarthenshire County Council is embarking on an exciting period of change, growth, and regeneration Carmarthenshire (Sir Gaerfyrddin) / with Hybrid working
Recuriter: Carmarthenshire County Council

Deputyship Caseworker

Essex County Council
£25959.0000 - £28621.0000 per annum
Deputyship CaseworkerPermanent, Full Time£25,959 to £28,621 per annumLocation
Recuriter: Essex County Council
Linkedin Banner