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Permission Granted in Judicial Review Challenge Involving Natural England ‘Nutrient Neutrality’ Advice Note

Gregory Jones QC
Conor Fegan

Mrs Justice Lang DBE has this week granted permission on all eight grounds in R (Brook Avenue Residents Against Development) v Fareham Borough Council and (1) Lorraine Louise Hanslip; (2) Michael Hanslip; (3) Thomas Lewis Hanslip; (4) Natural England (CO/4168/2020).  

The challenge is to the grant of outline planning permission for the construction of eight detached houses and associated works in Hampshire. In granting planning permission, the local planning authority purported to rely on guidance released by Natural England,  ‘Advice on Achieving Nutrient Neutrality for New Development in the Solent Region’, when it undertook its appropriate assessment.  Amongst other things this claim raises questions about whether this guidance is compliant with Article 6(2) and 6(3) of the Habitats Directive.  

Other grounds of challenge include the failure to make documents available online during Covid¬–19 pandemic in accordance with the duties in the Local Government Act 1972 and breaches of s.  38(6) of the Planning and Compulsory Purchase Act 2004.

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