High Court to consider Habitats Regulations requirements at condition discharge stage

Today, the High Court will hear arguments in CG Fry v SSLUHC, an appeal from a decision of a planning inspector to refuse to discharge conditions on a planning permission because a Habitats Regulations Assessment had not been undertaken.

The issues are (1) whether a Habitats Regulations Assessment must be undertaken at condition discharge stage if it hasn't been done before; (2) how that applies in the case of Ramsar Sites; and (3) whether the scope of any assessment is limited to matters which are affected by the particular conditions being discharged.

Richard Moules and Nick Grant appear for the Secretary of State.

Luke Wilcox appears for the interested party, Somerset Council. Luke and Christopher Boyle KC appeared for Somerset Council before the Inspector.