High Court rejects judicial review application over environmental impact of poultry farm expansion
The High Court has refused a renewed application for permission for a judicial review of Powys County Council's decision to approve a planning application for the expansion of an industrial poultry unit in the catchment area of a Special Area of Conservation (SAC).
The claimant argued that the local authority failed to assess the effects of the additional poultry manure that would be spread on the land in the River Wye catchment area. However, Judge Jarman QC concluded that a proper assessment was carried out and showed no adverse effect on the catchment area.
The approved development will double the size of a poultry farm near Builth Wells from 90,000 birds to 180,000.
Proceedings were issued in April by the claimant, Fish Legal, who argued the council had not assessed the effect of tonnes of additional poultry manure that will be turned into digestate and spread on land in the catchment area.
Under the Conservation of Habitats and Species Regulations 2017, the development should only go ahead after the council has established that it will not adversely affect the integrity of a SAC, Fish Legal claimed.
Additionally, the group argued that under the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, the council needed to look at both the direct and indirect significant effects of the development.
Council officers said the manure produced by the farm extension will be exported to an anaerobic digester plant and will not contribute directly to the existing spreading regime. The officers considered that there would be no cumulative impact in this regard.
In July, Judge Jarman QC refused permission for the judicial review. He found that the appropriate assessment concluded that the proposal would have no adverse effect on the integrity of the River Wye SAC.
He also concluded that Natural Resources Wales, which granted permission for the anaerobic digestion plant, agreed that a condition ensuring that no manure, dirty water or ammonia scrubber liquor is to be spread on any land is an appropriately protective measure for the SAC.
Furthermore, he highlighted that a condition of the planning permission requires all manure and dirty water to be exported off-site and records kept.
The judge ordered Fish Legal to pay £4500 in costs for the council and an interested party.
Following the refusal, Fish Legal made a renewed application. At a hearing held this week (22 August), Judge Keyser QC refused the renewed application and affirmed the orders for costs made by Judge Jarman QC.
Justin Neal, Solicitor for Fish Legal, said: “We maintain that Powys County Council has a duty to assess the direct and indirect effects of these intensive units, which would include the impact of spreading of the digestate generated from poultry manure from the site, which can be washed into the river. None of this was taken into consideration. We will consider appealing the decision.”
Penelope Gane, Head of Practice at Fish Legal, said: “This case exposes how we have got into this dire situation with agricultural pollution in rivers. There is clearly a gap between the planning and permitting regime when it comes to regulatory oversight of pollutants from intensive poultry production.
"We are no clearer as to whether the planning authority or Natural Resources Wales will be able to enforce if the phosphate-rich digestate ultimately runs-off and causes further deterioration to the delicate ecology of the River Wye and the species it supports.”
She added: “With anaerobic digestors being touted by some as the solution to algal blooms on the Wye, real questions remain about how the impact of digestate spread within its catchment is being properly assessed.”
A spokesperson for Powys County Council said: “The planning application was processed and approved correctly and in line with the council’s planning policies.
“We will now be seeking to recover the costs and expenses ordered by the court to be paid to the council.”
Adam Carey
