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Permission to Appeal Granted by Court of Appeal in Nitrate Neutrality Challenge

Gregory Jones QC
Conor Fegan

The Court of Appeal has granted permission to appeal against the judgment of Mr Justice Jay in R (Wyatt) v Fareham Borough Council [2021] EWHC 1434 (Admin).  The challenge principally concerns the lawfulness of the advice contained in Natural England’s ‘Advice on Achieving Nutrient Neutrality for New Development in the Solent Region’.  

Permission to appeal has been granted on four grounds, the first three of which raise questions about whether the advice note complies with the obligations contained in Articles 6(2) and 6(3) of the Habitats Directive and the last of which concerns the lawfulness of the section 38(6) exercise undertaken by the case officer in this case.  

The Court of Appeal has directed that the appeal be expedited.  

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