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

Business Services Senior Co-ordinator

Durham County Council
Grade 7 £31,015 - £34,811
Are you an experienced administrator who enjoys supporting people, leading a team and making sure services run smoothly? A fantastic opportunity has Durham
Recuriter: Durham County Council

School Secretary

Durham County Council
£26,403 - £28,598 pro rata (pay award pending)
Required from 1st November 2026   Kirk Merrington Primary School are looking to appoint a full-time school secretary due to the retirement of the curr Spennymoor
Recuriter: Durham County Council

Fleet Hire Desk Assistant

Durham County Council
£27,274 - £29,542
The Fleet Operations Team in Fleet and Depot Management are looking for a Fleet Hire Desk Assistant to join their team.   To assist the Fleet Services Durham
Recuriter: Durham County Council

Teaching Assistant

Durham County Council
£25,185 - £25,989 pro rata (pay award pending)
This role is permanent, term time only plus 2 weeks, 37 hours per week. We are looking for an experienced and qualified Teaching Assistant, who is hi Durham
Recuriter: Durham County Council

Classroom Teacher

Durham County Council
£32,916 - £45,352 pro rata (pay award pending)
Required
Recuriter: Durham County Council
Linkedin Banner