Supreme Court agrees to hear test case on appropriate assessment against backdrop of nutrient neutrality issues

The Supreme Court has granted permission to appeal over whether the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations"), properly interpreted, required an "appropriate assessment" before a local planning authority decided whether to discharge conditions on the approval of reserved matters, having previously granted outline planning permission, without such an assessment, for a major development of housing on land close to a protected site.

The issue of ‘nutrient neutrality’ provided context to the case.

In June 2024 the Court of Appeal held that Regulation 63 of the Habitats Regulations applied to the determination of reserved matters approvals and discharging planning conditions.

Lord Charles Banner KC of Keating Chambers is acting for the appellant, CG Fry & Son, leading Dr Ashley Bowes of Landmark Chambers. They are instructed by Clarke Willmott.

Lord Banner said the timescale for the hearing remains to be confirmed.

Richard Moules KC and Nick Grant of Landmark Chambers are acting for the Secretary of State

Luke Wilcox of Landmark Chambers acts for the local planning authority, Somerset Council.

See also: Appropriate assessment and multi-stage consents - The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.