Fears that a landmark ruling that could give the green light to the construction of thousands of new homes would be undone by new environmental regulations have proved unfounded.
Regulations came into place last week bringing into force provisions in the Planning and Infrastructure Act 2025 which extended protections contained in the Habitats Regulations to Ramsar sites.
This is a group of global wetland sites protected under the international Ramsar Convention, which include the Somerset Levels and Moors, parts of The Fens, The Wash, New Forest, Broadland and the estuaries of major rivers such as the Thames, Mersey, Severn and Humber.
The Planning and Infrastructure Act was enacted containing a provision which would put Ramsar sites on the same statutory footing as European Protected Sites. This would have meant that developments affecting Ramsar sites would need to demonstrate they are “nutrient neutral”.
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. This has led to significant delays and stalled planning applications affecting housing developments across the country.
No timescale was given as to when the provision would come into force, which led to a rush of developers attempting to obtain reserved matters approvals and discharge conditions notices before the changes came into effect.
Developers in affected areas such as Somerset were concerned that the changes would undo the principles set out in last year’s CG Fry Supreme Court decision.
Lawyers at national law firm Clarke Willmott represented Dorset-based housing developer CG Fry in a successful Supreme Court appeal that questioned whether nutrient neutrality rules apply in cases where a development received planning permission before the introduction of Natural England’s guidance on the issue.
CG Fry & Son was given outline planning permission for a development of 650 homes at Jurston Farm in Wellington, Somerset in 2015. It had been unable to build the third phase of the scheme after Somerset Council said it did not meet nutrient neutrality rules which were introduced by Natural England in August 2020.
The case hinged on the proper interpretation of the Habitats Regulations 2017, the legal effect of the grant of an outline planning permission and the impact of a subsequent change in the application of policy.
Caroline Waller, a partner in the planning and environment team at national law firm Clarke Willmott, was part of the team which represented CG Fry in the case.
“The application of these latest provisions is something that developers in affected areas – particularly Somerset – have been awaiting with some trepidation due to the impact that this would have to the practical application of the principles set out in the CG Fry Supreme Court decision.
“Thankfully the Government has included transitional provisions to mitigate the impacts on affected developers. The change will not affect any project where planning permission was granted before 17th August 2020 – the date on which Natural England published its advice note relating to development with possible effects on the Somerset Levels and Moors Ramsar site.
“The legislation appears to have been drafted with specific reference to the facts that gave rise to the CG Fry case, to ensure that developers in Somerset will be in no worse position as a result of the new Regulations coming into force.”
Speak to our team
Clarke Willmott’s multi-disciplinary, multi-office housebuilder sector encompasses all areas of law it takes to build a home, from land buying, planning and construction to site set up and plot conveyancing. We are regarded as leading legal advisers to the residential development sector, acting for three of the nation’s five largest housebuilder firms.
For more information, please send an enquiry or call 0800 652 8025.
Posted:
