Supreme Court Hands Down Decision in C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government and Another

On 22 October 2025, the Supreme Court handed down judgment in C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government and another [2025] UKSC 35.

39 Essex Chambers' barristers Stephen Tromans KC and Ruth Keating acted for the Office for Environmental Protection (OEP).

The judgment from the Supreme Court provides a clear statement that the purpose of the Habitats Regulations is to implement and follow the Habitats Directive, which must be interpreted in light of the precautionary principle. This remains the case despite the United Kingdom having left the European Union.

The judgment also emphasises the variety of reasons why an appropriate assessment may still need to be undertaken after outline planning permission has been granted.

The judgment is available here: here