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

Occupational Therapist - Adult Social Care

Essex County Council
£37185 - £50081 per annum
Register your interest here to be notified of upcoming Occupational Therapist opportunities within Essex County Council's Adult Social Care services. England, Essex, Chelmsford
Recuriter: Essex County Council

Landscape Manager

Leicester City Council
£42,839 - £46,142 Per Year
Are you ready to make a real impact on the natural and built environment of one of the UK’s most vibrant and diverse cities? Leicester, Leicestershire
Recuriter: Leicester City Council

Director of Property

Lewisham London Borough Council
£113,334 to £119,346
Shape the estate. Enable services. Deliver social value. Lewisham, London (Greater)
Recuriter: Lewisham London Borough Council

Director of Families, Quality & Commissioning

Lewisham London Borough Council
£126,543 to £132,441
Keep children safe. Strengthen families. Lead with purpose. Lewisham, London (Greater)
Recuriter: Lewisham London Borough Council

Executive Director of Adult Social Care & Health (DASS)

Lewisham London Borough Council
£166,755 to £173,133
Lewisham is defined by energy, diversity and ambition. Lewisham, London (Greater)
Recuriter: Lewisham London Borough Council
Linkedin Banner