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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Lawyer

East Cambridgeshire District Council
£38,510 to £44,253 per annum plus benefits
Are you building your legal career and ready to take on broader responsibility? Ely, Cambridgeshire
Recuriter: East Cambridgeshire District Council

Senior Lawyer

East Cambridgeshire District Council
£47,665 to £51,928 per annum plus benefits
We are looking for a confident and experienced Senior Lawyer Ely, Cambridgeshire
Recuriter: East Cambridgeshire District Council

Customer Service Assistant - Brentwood

Essex County Council
Up to £25959 per annum
Customer Service Assistant - BrentwoodFixed Term, Part Time£25,959 per annum(Full time equivalent)Location
Recuriter: Essex County Council

Senior Practitioner - Children & Young People with Disabilities

Essex County Council
£48205.0000 - £57988.0000 per annum
Senior Practitioner - Children & Young People with Disabilities - Mid EssexPermanent, Full Time£48,205 to £57,988 Per Annum Location
Recuriter: Essex County Council
Linkedin Banner