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

Adult Skills Coordinator

Middlesbrough Council
£39,152 - £40,777
We have an exciting role on offer within our Community Learning service as an Adult Skills Coordinator. Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Fleet & Workshop Manager (Transport Manager)

Fenland District Council
£46,142 - £51,356
Keep Fenland Moving Cambridgeshire
Recuriter: Fenland District Council

Specialist Autism Teacher

Royal Borough of Greenwich
Teachers Main Professional Scale
Make a Difference for Children and Young People in Greenwich Greenwich, London (Greater)
Recuriter: Royal Borough of Greenwich

Housing Energy and Sustainability Manager

Royal Borough of Greenwich
£63,966 to £67,575
The Royal Borough of Greenwich Repairs and Investment Service is looking for a strong and highly motivated Housing Energy and Sustainability Manager Greenwich, London (Greater)
Recuriter: Royal Borough of Greenwich

Sign Shop Technician

London Borough of Richmond upon Thames and London Borough of Wandsworth
Salary From £30225-334,389 Depending on Skills Kn
Job Title- Sign Shop Technician
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner