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

Community Support Worker - Young People with Disabilities Team

Essex County Council
£25395.00 - £32131.00 per annum + + 26 Days Leave & Local Gov Pension
Community Support Worker - Young People with Disabilities Team - Colchester (North Quadrant)Permanent, Full Time£25,395 to £32,131 Per AnnumLocation
Recuriter: Essex County Council

IT Project Manager - Braintree District Council

Essex County Council
Up to £350.0000 per day
IT Project Manager - Braintree District Council Temporary, Part-Time 3 days per week 2-3 Months Contract Up to £350.00 Umbrella per day dependant on e England, Essex
Recuriter: Essex County Council

Service Manager - Schools and Governance

Oxfordshire County Council
£68,143 - £71,574
Together, we’re the moment makers Together, we’re shaping children’s education for the future. Every day, our colleagues are helping to transform the lives of the residents of Oxfordshire. Oxfordshire County Council is committed to deliv Oxford, County Hall
Recuriter: Oxfordshire County Council

Senior Infrastructure Engineer - Braintree District Council

Essex County Council
Up to £500.0000 per day
Senior Infrastructure Engineer - Braintree District Council Temporary, Part-Time 3 days per week 2-3 Months Contract £389.864 PAYE / £500 Umbrella dai England, Essex
Recuriter: Essex County Council

Associate Educational Psychologist

Oxfordshire County Council
£820 - £19680
Together, we’re the moment makers and we’re focused on making every day the best it can be for children, young people and their families. It’s not a job – it’s a passion and together, we’re shaping education for the future. Every day, our coll Didcot
Recuriter: Oxfordshire County Council
Linkedin Banner