The Supreme Court has just announced that it has granted CG Fry & Son Ltd permission to appeal in the test litigation concerning 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 already has planning permission.
Charles Banner KC acts for CG Fry with fellow counsel Dr Ashley Bowes, instructed by Clarke Willmott.
The timescale for the hearing remains to be confirmed.