Supreme Court delivers ‘win’ for developers in ‘long-awaited’ nutrient neutrality ruling

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CG Fry & Son’s appeal against Somerset Council upheld on the ground that a decision to discharge reserved matters conditions cannot be delayed by a subsequent change in government policy

The Supreme Court has upheld an appeal brought by a developer, ruling that new environmental policy cannot retrospectively undermine planning permission already granted.

The case concerned a residential development put forward by CG Fry & Son, for which Somerset West and Taunton Council granted reserved matters approval subject to conditions in June 2020.

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