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Nutrient neutrality
The Supreme Court recently heard the case of CG Fry & Son. This case relates to requirements for Habitats Regulations assessments of the impacts of proposed development on protected sites. Waste water from new developments can result in too many nutrients damaging nearby protected sites, and the intention is that developments are nutrient neutral.
The Supreme Court found that such assessments may be required not only on applications for planning permission, but also on applications for reserved matters approval or to discharge conditions.
It also found that for Ramsar sites, which are covered by national policy, neutrality considerations could not be retrospectively re-opened on discharge of condition applications (unless the objective of the condition engages the Ramsar protection). Planning permission grants a legal right for the developer to progress with the development specified in application, which is key to allowing developers to proceed with building (and incur costs on) new developments.
One thing to note, however, is that the Planning and Infrastructure Bill intends to upgrade the protections surrounding Ramsar sites, so the position is likely to change once the bill is passed.
Water neutrality
On 31 October 2025, Natural England withdrew its position statement on water neutrality within Sussex. This comes just over four years after the initial position statement was issued, which had the effect of restricting development within the Sussex North Water Supply Zone (covering parts of Horsham, Crawley and Chichester) unless it could be demonstrated that the development was water neutral.
The concerns related to water usage from natural sources which could have a negative impact on protected sites in the Sussex North Water Supply Zone. Developers and local authorities over the last few years have faced blocks to development as a result of the advice, and there have been various creative solutions put in place to try to unlock development.
The recent change in position has come about due to Ministerial involvement in reaching an agreement with Southern Water, and Natural England has now formally accepted this.
The affected local planning authorities will now be faced with a backlog of applications to consider and progress in light of the changes, as well as those seeking to vary or remove the now potentially unnecessary water neutrality measures. Hopefully, this will aid the delivery of much needed housing and commercial development and have a positive impact on the local economy although there may well be some inevitable delay in processing the applications.
DMH Stallard’s Planning and Environment solicitors and consultants are experts in water neutrality and can help you with your planning applications, ensuring you comply with strict environmental measures. Get in touch by email or call +44(0)3333 231580.
