Lawyers at Clarke Willmott LLP, a national law firm, have secured permission to appeal a ruling that, if overturned, could pave the way for the construction of thousands of new homes.
The case, brought by prominent South West developer CG Fry & Son Ltd., challenges whether the “nutrient neutrality” rules apply to developments approved before Natural England introduced its guidance on the matter.
Nutrient neutrality aims to prevent land development from increasing harmful nutrient levels, such as phosphates and nitrates, in vulnerable watercourses and catchments.
CG Fry & Son received outline planning approval for 650 homes at Jurston Farm in Wellington, Somerset, in 2015. However, progress on the third phase of the project has stalled after Somerset West and Taunton Council ruled it didn’t meet the nutrient neutrality requirements established by Natural England in 2020.
The case centers around the interpretation of the Habitats Regulations 2017.
According to the Home Builders Federation, this ruling has delayed the construction of approximately 145,000 homes across 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 next month.
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.”
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.