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

Director of Adult Social Care (DASS)

Telford & Wrekin Council
up to circa £114,000
An ambitious, innovative council where Adult Social Care is central to shaping the future of the borough. Telford, Shropshire
Recuriter: Telford & Wrekin Council

Director of Education & Skills

Telford & Wrekin Council
up to circa £114,000
An ambitious, high-performing council where education, inclusion and skills are central to shaping the future of the borough. Telford, Shropshire
Recuriter: Telford & Wrekin Council

Director of Prosperity and Investment

Telford & Wrekin Council
up to circa £114,000
An ambitious council delivering growth, regeneration and investment at scale. Telford, Shropshire
Recuriter: Telford & Wrekin Council

Erase Assistant Team Manager

Durham County Council
Grade 10 £38,220 - £41,771
Are you passionate about improving outcomes for teenagers at risk of exploitation, missing episodes and harm outside the home?   Durham Children's Ser Durham
Recuriter: Durham County Council

Active Travel Connectivity Officer

Durham County Council
Career Graded 8 - 10 - G8 £32,597 - £36,363 / G9 £35,412 - £39,152 / G10 £38,220 - £41,771
An exciting opportunity has arisen for an Active Travel Connectivity Officer within our Sustainable Travel and Advertising Team, supporting the delive Durham
Recuriter: Durham County Council
Linkedin Banner