Environmental Law Update - November 2025

C G Fry Supreme Court decision

The long-awaited Supreme Court judgment in C G Fry arrived on 22 October 2025.

The case is about the requirement for planning decision-makers to undertake “Habitats Regulations Assessments” (HRA) in the case of multi-stage planning consents and how this applies to reserved matters applications and the discharge of planning conditions where a HRA was not carried out at the planning permission stage.   

The case was a “win” for the developer (C G Fry) due to a narrow, associated point relating to the specific facts of the case for Ramsar sites under planning policy (which are not designated “European sites” covered by the Habitats Regulations). However, the case also brought clarity on a wider point of general application to developers which is not in their favour relating to the requirement for a HRA for Protected European Sites at the stage of reserved matters and the discharge of planning conditions, albeit this was the expected outcome.

Further analysis is available here. 

Defra responds to OEP’s 44 recommendations on how to meet Environment Act targets

Defra has responded to the Office for Environmental Protection’s (OEP) January report on progress against the Environmental Improvement Plan (EIP) and its 44 recommendations. 

Of the 44 recommendations Defra accepted 21 (with 5 accepted but awaiting a full response), partially accepted 10, deferred a full response to 11 and rejected 2. Specifically, on the OEP’s 8 ‘key recommendations’:

1. Get nature-friendly farming right – partially accepted
2. Maximise the contribution of protected sites for nature - full response deferred
3. Speed up action in the marine environment - partially accepted
4. Set out clear mechanisms for reconciling competing demands for use of land and sea - accepted, but full response deferred
5. Develop a circular economy framework - accepted
6. Mobilise investment at the scale needed - partially accepted
7. Regulate more effectively - accepted
8. Harness the support needed to achieve ambitions - accepted, but full response deferred

Defra suggested that the accepted recommendations will be incorporated into the revised Environmental Improvement Plan, expected later this year.

Defra’s full response is available here. 

Extension of 5,000 Countryside Stewardship mid-tier agreements

The UK government has confirmed it will extend over 5,000 Countryside Stewardship mid-tier agreements, which provide a range of options and capital items that are aimed at delivering a broad range of environmental benefits, by one year, following pressure from the National Farmers' Union (NFU). 

The announcement follows a Freedom on Information request submitted by the NFU, which sought clarity on the number of agreements due to expire at the end of this year. Concerns had been raised about the potential loss of environmental and biodiversity gains if agreements were abruptly ended without an interim or replacement scheme in place. 

Concerns have also been raised on the Higher Level Stewardship agreements – all of which are expected to come to an end in 2028 – as well as the general policy uncertainty on other environmental schemes such as BNG.

More information is available here.