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High Court to Hear Challenges to Advice in Natural England ‘Nutrient Neutrality’ Advice Note

Gregory Jones QC
Conor Fegan

Following a contested renewal hearing this morning before Sir Ross Cranston (Sitting as a High Court Judge), the High Court has granted permission on all of the grounds renewed in R (Save Warsash and the Western Wards) v Fareham Borough Council  (CO/3397/2020).  The case raises questions about whether the guidance issued by Natural England is compliant with Articles 6(2) and 6(3) of the Habitats Directive.

The case will be heard consecutively with R (Brook Avenue Residents Against Development) v Fareham Borough Council (CO/4168/2020) later this year, over the course of three days.  That case was recently granted permission on all grounds on the papers by Lang J.  It too raises questions about the guidance issued by Natural England.   

Both cases raise important questions about the interpretation of the Habitats Directive and about the issues surrounding excess nutrients in the Solent region.  

Gregory Jones QC and Conor Fegan are instructed by Linda Felton of Fortune Green Legal Practice on behalf of the Claimants in both cases.