C G Fry & Son Limited v Secretary of State for Levelling Up Housing and Communities & Anor

C G Fry & Son Limited v Secretary of State for Levelling Up Housing and Communities & Anor

An appropriate assessment under the Habitats Regulations 2017 is required before discharging conditions where such discharge is a necessary step in implementing a development likely to affect a protected site, including Ramsar sites, and no such assessment has yet been undertaken. The Inspector was correct in law to refuse discharge of the conditions absent such assessment.

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
11 September 2024
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Habitats Regulations Assessment, Nutrient Neutrality, Discharge of Planning Conditions, Ramsar Sites, Appropriate Assessment, Multi Stage Planning Consent
Environmental Law Planning Law Administrative Law Habitats Regulations Assessment Nutrient Neutrality Discharge of Planning Conditions Ramsar Sites Appropriate Assessment +1 more

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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 the Town and Country Planning Act 1990 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether an appropriate assessment under the Habitats Regulations 2017 is required at the discharge of conditions stage for a development affecting a Ramsar site
  2. 2 Whether the Inspector erred in law in refusing to discharge conditions absent such assessment
  3. 3 Whether paragraph 181 of the NPPF lawfully extends Habitats Regulations protection to Ramsar sites at this stage

Ratio Decidendi

An appropriate assessment under the Habitats Regulations 2017 is required before discharging conditions where such discharge is a necessary step in implementing a development likely to affect a protected site, including Ramsar sites, and no such assessment has yet been undertaken. The Inspector was correct in law to refuse discharge of the conditions absent such assessment.

Court Disposition

Claim dismissed

Orders

  • The claim for statutory review is dismissed.