The judgment has been described as a ‘wake-up name’
Plans for farm buildings that might maintain 200,000 chickens in Shropshire have been blocked after the Excessive Courtroom overturned planning permission.
The judgment, which was decided on the Excessive Courtroom in Cardiff, has been described as a “wake-up name”. It comes after researcher Dr Alison Caffyn introduced authorized motion in opposition to Shropshire Council over plans to construct 4 poultry buildings on a nine-hectare web site at Felton Butler, close to Shrewsbury, after planning permission was granted in Might 2024. At a two-day listening to starting in April, the Excessive Courtroom in Cardiff was instructed that the “oblique results” of spreading manure produced by the chickens ought to have been assessed.
The positioning, farmed by L J Cooke and Son, is 2.6 km from the River Severn, PA studies.
Dr Caffyn raised considerations in regards to the nitrogen and phosphate from poultry manure ending up within the river catchments.
However on Tuesday, June 17, a call by Mr Justice Fordham noticed the planning permission for the positioning quashed. Don’t miss a court docket report by signing up to our crime e-newsletter right here.
In line with the Excessive Courtroom choose the council had “failed to hold out a legally ample evaluation” of the influence of spreading digestate, the leftover natural materials from anaerobic digestion which can be utilized as fertiliser for crops, on third-party land.
He stated: “There’s every part to counsel that planning officers thought they have been enterprise an environmental influence evaluation which prolonged to the oblique environmental impacts of spreading uncooked manure on third-party land.
“However there may be nothing to counsel that they thought it prolonged to digestate.”
The council was ordered to pay £35,000 in Dr Caffyn’s authorized prices.
Dr Caffyn stated: “There are practically 65 chickens for each particular person in Shropshire and but the council nonetheless thought we would have liked extra.
“This ruling proves what we have stated all alongside: the planning system has been placing our rivers in danger.
“This case is a win for communities throughout the UK who’re standing as much as the environmental degradation attributable to industrial manufacturing facility farming.”
Following the ruling River Motion’s head of authorized Emma Dearnaley described the judgment as a “wake-up name”.
She added: “For too lengthy, councils like Shropshire have been rubber-stamping intensive livestock farms with out absolutely contemplating the injury they do to the encompassing setting.
“There are already far too many chickens in areas just like the Severn and our rivers are choking on hen muck.
“In the present day the court docket drew a line: no extra mega-farms with out wanting on the greater image.
“This landmark judgment means councils throughout the nation should take the well being of the broader space into consideration and take a look at the broader penalties in terms of agricultural waste.
“It is a large win for our rivers. The reckless unfold of intensive agriculture should finish now.”
