Supreme Court holds national planning policy cannot override rights conferred by outline planning permission (C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government)
The Supreme Court has unanimously dismissed the appeal in part and allowed it in part in C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government, holding that regulation 63 of the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), SI 2017/1012, applies to later stages of the planning process such as the discharge of conditions, but allowing the appeal on the separate issue that national planning policy cannot override rights already conferred by outline planning permission. Matt Nixon, legal director, at Shoosmiths, Hannah Taylor, barrister, at Cornerstone Barristers and Cathryn Tracey, partner, and Maelor James, associate, at Burges Salmon, provide commentary on the judgment.