Planning Speed Read – Nutrient Neutrality News
14th November, 2024
Our regular update for those who work in and alongside the planning sector. We aim to keep you, and your teams informed of changes in legislation, important cases signposting to the guidance and providing our own insights and experience.
- The Government has announced funding £47 million to unlock 28,000 Nutrient Neutrality stalled homes
The Local Nutrient Mitigation Fund (Fund) aims to unlock stalled homes across the UK, at no expense to the environment. Along with protecting local rivers and precious habitat, the Fund will boost housing through locally led schemes – for example, by creating new wetlands and upgrading septic tanks. This will enable sustainable development. Twenty of the largest impacted sites will each receive a further £100,000 in order to support planning teams in implementing pollution solutions within the local area.
For more information, please click here.
- Nutrient Neutrality at the Supreme Court
The Supreme Court has recently granted permission to appeal the earlier Court of Appeal judgment in CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing, Communities and Local Government [2024] EWCA Civ 730. This case grappled with the question of whether appropriate assessment under the Habitats Regulations, in the context of nutrient neutrality, can be required at the discharge of conditions stage in relation to development which received planning permission prior to the introduction of the Natural England guidance.
This case relates to a 650 dwelling development that was granted consent in 2015. In 2021 CG Fry applied to the Local Planning Authority to discharge a number of conditions, but was prevented from doing so as the Local Planning Authority contended that an appropriate assessment under the Habitats Regulations was required. CG Fry appealed against the Local Planning Authority’s failure to give notice of its decision within the prescribed period. The Inspector held that the Local Planning Authority had been correct in its assertions. The Inspector’s decision was challenged in the Planning Court and, following this, the Court of Appeal. CG Fry argue that the lower courts had ‘misinterpreted some facts of the case and that the Supreme Court is the appropriate forum to rehearse these’.
Whilst no timescales have been confirmed, it will be interesting to see if the Supreme Court takes a different view to the lower Courts and the Inspector.
For the Court of Appeal decision, please click here.
- The Government are consulting on applying BNG to NSIPs
Biodiversity Net Gain was recently discussed in the House of Lords, highlighting the low number of planning applications identifying a need for BNG (7%). The government are shortly planning to consult on applying BNG requirements to NSIPs.
The previous Conservative government said in January 2024 that the requirement would be extended to applications for DCOs for NSIPs ‘from late November 2025’. It is currently unclear whether the new Labour government will continue to work towards this date.
For more information, please click here.
- The Secretary of State calls in 8,400 home garden village scheme on unallocated land
Controversially, Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government Angela Rayner notified the Council of the decision to call in the applications less than three hours before the meeting of the Council’s planning committee.
The application was recommended for refusal by planning officers for a number of reasons, including ecology, heritage, development outside the settlement boundary in the countryside, landscape and visual impact, impact on the Kent Downs National Landscape, ancient woodland and trees, archaeology, transport, air quality, noise and the absence of a planning obligation.
For more information, please click here.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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