Supreme Court date awaits developer blocked from building Somerset scheme
South West developer CG Fry & Son is to take an appeal to the Supreme Court next month in a case that could unlock the development of 145,000 homes around the country.
The case hinges on the question of whether “nutrient neutrality” rules apply where a development received planning permission before the introduction of Natural England’s guidance on the issue.
Nutrient neutrality rules were introduced in August 2020 and are designed 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. However it has been unable to build the third phase of the scheme after Somerset West and Taunton Council said it did not meet the nutrient neutrality rules that are now in place.
Figures from the Home Builders Federation suggest the ruling has prevented the building of around 145,000 homes in 74 local authorities.
CG Fry & Son, supported by lawyers at Clarke Willmott, has now obtained an order for permission to appeal to the Supreme Court at a hearing to take place next month. The case hinges on the proper interpretation of the Habitats Regulations 2017.
Kary Withers, Clarke Willmott
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.
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.”
