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Legal Battle Delays Occupancy of New Homes near M5

Construction of nearly 200 new homes near the M5 in Somerset is underway, but none can be occupied until phosphate mitigation is secured. The developer, C. G. Fry, obtained outline permission in 2015 for the Jurston Fields development north of the A38 West Buckland Road in Wellington. While the first two phases are already in progress, the delivery of 190 homes in phase three is hindered by the ongoing phosphates crisis.

In October 2020, Natural England raised concerns about phosphate levels within the protected Ramsar site, prompting the need for a habitat regulations assessment (HRA) before approving any planning applications leading to increased phosphates. As part of the phase three approval, the council required C. G. Fry to mitigate the impact of the new homes before construction, including the approval of drainage and design plans.

After a planning inquiry and legal challenges, the Court of Appeal is set to rule on the case on March 19 and 20, with the final decision expected in late-spring. The council confirmed that construction can proceed while the court proceedings are ongoing. However, if the council’s stance prevails, occupancy of the new homes will remain on hold until the required mitigation measures are implemented.

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The phosphates crisis has delayed around 18,000 homes in Somerset, with various solutions being implemented to unlock housing developments. The government recently granted the council £9.6m to expand mitigation measures, but specific sites and the number of homes eligible to proceed remain to be confirmed.

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