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Housing: Construction

Asked by Wendy MortonConservativeMinistry of Housing, Communities and Local GovernmentTabled Answered 11 November 2025UIN 87299

The question

To ask the Secretary of State for Housing, Communities and Local Government, what assessment he has made of the potential impact of the judgement in C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government UKSC/2024/0108 on housing delivery.

Answered by Matthew Pennycook

The Supreme Court judgment in question distinguished between the legal protection provided to European Sites under the Habitats Regulations and the policy protection afforded to Ramsar sites.

The government has not undertaken a specific assessment of the impact of the judgment on general housing delivery.

The case concerned a very limited set of circumstances and no new planning applications that have come forward since the imposition of nutrient neutrality advice in 2020 will be affected by the Supreme Court’s judgement.

While this case has been progressing through the courts, the government has provided significant investment to deliver local mitigation schemes – including in Somerset – to enable development to come forward.

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