A MAJOR nature charity is set to intervene in a legal battle to protect wildlife habitats on a housing estate near Wellington.

Wildlife and Countryside Link (Link) have been granted permission by the Supreme Court to stand up for nature in an important case concerning environmental protections and planning rules between C.G. Fry & Son Limited and Secretary of State for Levelling Up, Housing and Communities & Somerset Council.

In December 2015, the developers of C.G. Fry secured outline planning permission for a mixed-use development of up to 650 homes near Wellington. Construction on the first two phases is under way, with the completion of the Jurston Fields development in 2019.

Plans for phase three - comprising 190 homes - were approved by Somerset West and Taunton Council in June 2020. However, pre-commencement conditions were not discharged without an assessment of the impacts of development on the Somerset Levels and Moors Ramsar site. This internationally important wetland includes natural features that are vulnerable to the harmful effects of diffuse water pollution.

The failure to assess and address water pollution and potential damage to protected nature sites means the third phase of development has been paused. C.G. Fry lodged appeals with the Planning Inspectorate, the High Court and the Court of Appeal – failing on all three occasions.

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CG Fry & Son obtained an order for permission to appeal to the Supreme Court at a hearing on February 17-18. 

Wildlife and Countryside Link have been granted permission to participate in the lawsuit, where they will argue that the existing environmental protections are not a barrier to development but a necessary safeguard against harmful pollution affecting sites of international ecological significance, like the Somerset Levels and Moors. 

Richard Benwell, CEO of Wildlife and Countryside Link, said: “With so much development on the horizon, it’s vital that the Habitats Regulations aren’t reduced to a one-shot bit of tick box bureaucracy. They are integral to the whole planning process, protecting wildlife and helping ensure that sustainable development and nature recovery can both be achieved. 

“We hope that the Supreme Court will underscore the core purpose of the law to strictly safeguard protected species and habitats when pollution or biodiversity loss hit unacceptable limits.

“We hope developers realise that the best route to sustainable development is helping to restore nature, not questioning the laws that protect our rivers and wetlands from pollution.”

Joan Edwards, director of policy and public affairs at The Wildlife Trusts, said: “The Habitat Regulations are there for a reason, to protect the most precious and threatened wild spaces and species, and to preserve the benefits they provide for everyone. We welcome the decision to allow environmental experts to highlight this in the Fry case. 

“More broadly, as discussions continue about development and nature restoration, it is important to remember that both can and should be delivered in tandem, and that green infrastructure is just as important as built infrastructure to our quality of life.

“We can have new development and flourishing wild spaces, to the benefit of all, if important environmental protections are respected.”