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

Part Time Early Years Workplace Coach

Essex County Council
£29468.00 - £34668.00 per annum + Pro Rata
Part Time Early Years Workplace Coach - (Apprenticeships & Work Based Learning)Permanent, Part Time£29,468 to £34,668 per annum, full time equivalentL England, Essex, Harlow
Recuriter: Essex County Council

Health & Wellbeing Support Officer

Essex County Council
£33081.4800 - £35916.4200 per annum
Maldon District Council is working in partnership with Essex Shared Services to support the role of Health & Wellbeing Support Officer, a full-time p England, Essex, Maldon
Recuriter: Essex County Council

SEND Operations Coordinator

Essex County Council
£29512.0000 - £34720.0000 per annum
SEND Operations CoordinatorFixed Term, Full Time£29,512 to £34,720 per annumLocation
Recuriter: Essex County Council

Occupational Therapist

The Royal Borough of Kensington & Chelsea Council
Negotiable
Be part of a team that cares about patients and cares about you In Kensington and Chelsea, we support people's independence and wellbeing and work hard to enable them to live in the community with dignity, choice and control. England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Social Worker - Children with Disabilities, West Essex

Essex County Council
Up to £0.0000 per annum
Social Worker - Children with Disabilities, West EssexPermanent, Full Time£36,124 to £51,834 per annumLocation
Recuriter: Essex County Council
Linkedin Banner