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 Practitioner - Emergency Duty Service

Essex County Council
£48205.0000 - £57988.0000 per annum
Senior Practitioner - Emergency Duty ServicePermanent, Full Time£48,205 to £57,988 per annumLocation
Recuriter: Essex County Council

Head of Advice & Benefits

Royal Borough of Greenwich
PO10 - £84,042 - £89,274
Role
Recuriter: Royal Borough of Greenwich

Assistant Director of People and Culture

Greater London Authority
circa £135,000
The Assistant Director of People and Culture is the senior leader... London (Central), London (Greater)
Recuriter: Greater London Authority

Director of Property, Assets and Building Safety

Brent Council
up to £150,000
We are looking for a director with strong commercial acumen Brent, London (Greater)
Recuriter: Brent Council

Chief Digital and Innovation Officer

Brent Council
up to £150,000
We are looking for a forward-thinking leader Brent, London (Greater)
Recuriter: Brent Council
Linkedin Banner