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

Procurement & Contracts Officer - Epping Council

Essex County Council
Up to £21.0100 per hour
Procurement & Contracts Officer - Epping Forest District Council Epping, EssexFull-Time, Temporary - 37 Hours per Week 2-3 Month Contract £21.01 PAYE England, Essex
Recuriter: Essex County Council

Commercial and Operations Manager

Mansfield District Council
£12,098 - £13,756 per annum
This is a part-time opportunity, working alongside a part-time fellow manager of the same title. Mansfield, Nottinghamshire
Recuriter: Mansfield District Council

Plumber/Gas Fitter

Mansfield District Council
£32,373, per annum plus £484 tool allowance
We have an exciting opportunity to join our Housing Repairs Team Mansfield, Nottinghamshire
Recuriter: Mansfield District Council

Highway Asset Manager (Contracts)

Devon County Council
£58,310 per annum
Are you experienced in delivering large-scale infrastructure programmes that keep communities connected and safe? Devon
Recuriter: Devon County Council

Senior Care and Housing Support Officer

Sandwell Metropolitan Borough Council
Band D, SCP 9 -17 (£27,254 - £31,022 per annum)
Are you enthusiastic about making a difference in the lives of older adults? Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council
Linkedin Banner