Lawyers at national law firm Clarke Willmott LLP have won permission to appeal against a ruling which if successful, could give the green light to the construction of thousands of homes.
The court case, brought by renowned South West developer CG Fry & Son Ltd., questions whether so-called “nutrient neutrality” rules apply in cases where a development received planning permission before the introduction of Natural England’s guidance on the issue.
Nutrient neutrality is a concept that aims to prevent land use or development from increasing the level of harmful nutrients, such as phosphates and nitrates, in vulnerable watercourses and catchments.
CG Fry & Son was given outline planning permission for 650 homes at Jurston Farm in Wellington, Somerset in 2015 but has been unable to build the third phase of the scheme after Somerset West and Taunton Council said it did not meet nutrient neutrality rules which were introduced by Natural England in August 2020.
The case hinges on the proper interpretation of the Habitats Regulations 2017.
According to figures provided by the Home Builders Federation, the ruling has prevented the building of around 145,000 homes in 74 local authorities.
However, CG Fry & Son has now obtained an order for permission to appeal to the Supreme Court at a hearing to take place in February.
The company is being represented by Lord Banner KC and Dr. Ashley Bowes, Kary Withers, partner in Clarke Willmott’s property litigation team, associate Tara Mosley 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.”
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