The Office for Environmental Protection (OEP) is seeking permission to intervene in a case that could clarify the operation of the Habitats Regulations at different stages of an application for planning permission.
Due to be heard in February 2025, the case of CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities (now Housing, Communities and Local Government) and Somerset Council also has potential wider implications for the interpretation of EU-derived environmental law.
The aim of the OEP’s intervention would be to clarify the interpretation of the Habitats Regulations so that they continue to fulfil their intended purpose to protect the environment.
The OEP is not seeking to make arguments on the particular facts of the case, which relate to a Planning Inspector's decisions in relation to the discharge of conditions for a large development of houses, commercial and community uses in Wellington, Somerset. Both the previous courts which heard the case confirmed that an assessment under the Habitats Regulations is needed. The Supreme Court agreed to hear a final appeal by the developer.
OEP General Counsel, Peter Ashford, said: “We know that new homes can be built while also protecting the environment. The Habitats Regulations play a vital role here as well as supporting government’s delivery of the targets under the Environment Act.
“We now wait to hear whether the Supreme Court grants permission to the OEP to intervene.”
Notes to editors
1. Under section 41 Environment Act 2021 the OEP must publish a statement where it applies to intervene in a case
2. The full reference for the case subject to appeal is CG Fry & Son Ltd v Secretary of State for Levelling-Up, Housing and Communities & Somerset Council [2024] EWCA Civ 730
NB This text was updated on 17 December, 2024, to provide a more up-to-date description of the case.
