Lawyers with Clarke Willmott LLP have won permission to appeal against a ruling that delays thousands of homes from being built
The case concerns nutrient neutrality, and was brought forward by CG Fry & Son Ltd., a developer in the South West.
The developer received planning permission for a number of homes before Natural England introduced nutrient neutrality guidance.
Nutrient neutrality was introduced to protect the environment
The concept of nutrient neutrality targets harmful nutrients, such as phosphates and nitrates, and prevents their levels from increasing in areas such as watercourses and catchments.
In 2015, CG Fry & Son received planning permission for 650 houses at Jurston Farm, Wellington, Somerset. Work has progressed, but the third phase has been stuck ever since Somerset West and Taunton Council said that the phase does not meet the nutrient neutrality guidelines.
The case regards the proper interpretation of the Habitats Regulations 2017. The Home Builders Federation estimates that the ruling has prevented up to 160,000 homes across 74 local authorities.
The Supreme Court will hear an appeal from CG Fry & Son next month.
“The need for additional homes in the UK is becoming more and more pressing”
CG Fry & Son will be represented by Lord Banner KC, Dr Ashley Bowes, Kary Withers, partner in Clarke Willmott’s property litigation team, Tara Mosley, associate, and Caroline Waller, partner in the planning and environmental team.
Kary Withers said: “Winning permission to appeal is an important development at a time when the need for additional homes in the UK is becoming more and more pressing.
“If the appeal is granted, it will result in housing developments being able to proceed where the relevant planning consent has been obtained but is currently stalled due to nutrient neutrality. The case will also provide wider legal implications around the Habitats Regulations generally.”
Last year, Ramboll analysed the impact that the regulations have on UK development.
They note that it is an important consideration, since the increase of nutrients in result in greater loads in wastewater, leading to greater loads in surface water and ecologically designated sites, and damaging several aspects such as ecological receptors.
However, they also explore the current catchment-scale management approach that was approved in September 2023, and show some flaws with the design, with concerns being raised by environmental organisations including Greenpeaces and the Office for Environmental Protection, who warned that the changes would “reduce the level of environmental protection provided for in law and amount to a regression.”
Now, different mitigation options will need appraising before the methods can be improved or rectified. Speed may be of the essence, however, with cases like CG Fry & Son’s exposing cracks in the current system.
