Planning, Housing Today and ENDS Report quote Claire Fallows on the Supreme Court's long awaited nutrient neutrality ruling

The Supreme Court has upheld an appeal brought by a developer, ruling that new environmental policy cannot retrospectively undermine planning permission already granted.

The case concerned a residential development put forward by CG Fry & Son, for which Somerset West and Taunton Council granted reserved matters approval subject to conditions in June 2020.

When the developer sought to discharge the imposed conditions in 2021, the council withheld approval based on government guidance given two months after planning permission had been granted. The case came to the Supreme Court following successive appeals from the developer against the council’s decision to delay approval of the third, 190-home phase of the 650-home Jurston Farm scheme  in Wellington, Somerset. The appeals were dismissed by a local authority planning inspector, the High Court and the Court of Appeal.

The appeal was based on two grounds. The first concerning the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations) was dismissed by the court. 

Ground one questioned whether regulation 63 of the Habitats Regulations requires an “appropriate assessment” to be undertaken before a local planning authority decides to discharge conditions requiring the approval of reserved matters in a grant of outline planning permission. The second claiming that changes of scientific advice should not impact a grant of outline planning permission was accepted.

Claire Fallows, Partner and Head of Planning, comments on the ruling for Planning, Housing Today and ENDS Report. She explains: 

The appeal was ultimately allowed on the basis that the relevant protected site was not directly subject to the Habitat Regulations (only national policy required it to be given the same protection).

"Matters relating to habitat protection could not be taken into account in discharging conditions unrelated to such matters. This is a helpful reminder for authorities and developers that where an outline permission is granted, it is not open to a planning authority to revisit matters already approved in principle at the outline stage.

Read the full article in Housing Today, as well as Planning and ENDS Report (subscriptions required)