Cheshire East

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High Court gives permission for legal challenge to advice note by Natural England on ‘nutrient neutrality’ in Solent

The High Court has agreed to hear legal challenges to advice given by Natural England in a ‘Nutrient Neutrality’ Advice Note covering the Solent region, Francis Taylor Building has reported.

The set said that, following a contested renewal hearing last week, Sir Ross Cranston, sitting as a High Court Judge, 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,” FTB said.

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.

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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.   

FTB said: “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 of FTB are instructed by Linda Felton of Fortune Green Legal Practice on behalf of the claimants in both cases.

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