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

Combatting Drugs Partnership Coordinator

London Borough of Richmond upon Thames and London Borough of Wandsworth
£46,206 - £ 55,992
Combatting Drugs Partnership Coordinato... Twickenham, Greater London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Data Architect

Essex County Council
£62461.0000 - £73483.0000 per annum
Data ArchitectPermanent, Full Time£62,461 to £73,483 per annum Location
Recuriter: Essex County Council

Social Care Officer

Sandwell Metropolitan Borough Council
Band E, SCP 18-25 (£31,537 – £36,363 per annum)
Make a Real Difference Every Day! Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council

Housing Hub Officer

Sandwell Metropolitan Borough Council
Band D, SCP 9 -17 (£27,254 - £31,022) per annum
Have you got a passion for giving excellent customer service? Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council

Substance Use Practice Advisor

Durham County Council
Grade 11 - £40,777 - £45,091
Are you a practitioner with experience of working with families affected by drug and/or alcohol use, delivering substance misuse interventions, and of Durham
Recuriter: Durham County Council
Linkedin Banner