CG Fry & Son wins a landmark Supreme Court Appeal

Yesterday, CG Fry & Son won a landmark Supreme Court Appeal which questioned whether nutrient neutrality rules apply if a development received planning permission before the introduction of the guidance.

Philip Fry, Managing Director of CG Fry & Son, commented:

“CG Fry & Son are pleased that the Supreme Court has ruled in our favour. This marks the end of a time-consuming and costly process for us as an SME developer. It is deeply frustrating that it has taken over three years to reach this conclusion — a delay that could have driven many other small developers out of business.

The prolonged legal proceedings have caused significant delays and unnecessary expenses in delivering both private and affordable homes, which are urgently needed in Wellington. Additional costs arising from such legal challenges further exacerbate viability issues across the industry, making it even harder for SME developers to deliver much-needed housing.

With this matter now resolved, we can focus on what the Government has tasked us with: delivering high-quality homes for our communities.

We extend our sincere thanks to Lord Banner KC, the Home Builders Federation (HBF) and the Land, Planning and Development Federation (LPDF) for their invaluable support throughout this process.”