C G Fry & Son Ltd v Secretary of State for Levelling Up Housing and Communities & Anor [2023] EWHC 1622 (Admin) (30 June 2023)

C G Fry & Son Ltd v Secretary of State for Levelling Up Housing and Communities & Anor [2023] EWHC 1622 (Admin) (30 June 2023)

An appropriate assessment under the Habitats Regulations 2017 is required at the discharge of conditions stage in a multi-stage planning process if it has not previously been undertaken, and this applies to Ramsar sites by virtue of national planning policy. The Inspector was correct to refuse to discharge the conditions in the absence of such assessment, as required by a purposive interpretation of the regulations and retained EU law.

Citation
[2023] EWHC 1622 (Admin)
Parties
Claimant: C G Fry & Son Limited; First Defendant: Secretary of State for Levelling Up Housing and Communities; Second Defendant: Somerset Council
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Statutory Review Under Section 288 of Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Habitats Regulations Assessment, Nutrient Neutrality, Phosphate Loading, Discharge of Planning Conditions, Ramsar Sites, Appropriate Assessment, Multi Stage Planning Consent, EU Law Post Brexit
Planning Law Environmental Law Administrative Law Habitats Regulations Assessment Nutrient Neutrality Phosphate Loading Discharge of Planning Conditions Ramsar Sites +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C G Fry & Son Limited

Claimant

Secretary of State for Levelling Up Housing and Communities

First Defendant

Somerset Council

Second Defendant

Procedural Posture

Statutory Review Under Section 288 of Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether an appropriate assessment under the Habitats Regulations 2017 is required at the stage of discharging conditions on a reserved matters approval for a development likely to affect a Ramsar site.
  2. 2 Whether the Inspector erred in law by applying regulation 63 of the Habitats Regulations 2017 to the discharge of conditions.
  3. 3 Whether national planning policy (NPPF paragraph 181) lawfully extends Habitats Regulations protection to Ramsar sites in this context.

Ratio Decidendi

An appropriate assessment under the Habitats Regulations 2017 is required at the discharge of conditions stage in a multi-stage planning process if it has not previously been undertaken, and this applies to Ramsar sites by virtue of national planning policy. The Inspector was correct to refuse to discharge the conditions in the absence of such assessment, as required by a purposive interpretation of the regulations and retained EU law.

Court Disposition

Claim dismissed

Orders

  • The claim for statutory review is dismissed.