Claimant to seek permission from Court of Appeal for legal challenge to decision allowing poultry farm expansion

A campaign group attempting to secure a judicial review of Powys County Council's decision to allow the expansion of a poultry farm near the River Wye has asked the Court of Appeal to reconsider a recent decision by the High Court to refuse to hear the claim.

The claimant, Fish Legal, has been pursuing a judicial review since April of this year in an attempt to stop the farm – based in a Special Area of Conservation (SAC) – from doubling in size.

The group claims the local authority failed to assess the effects of the additional poultry manure that would be spread as phosphate-rich digestate on land in the catchment area.

In its judicial review application, the group argued that, 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.

Additionally, the group contended 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 – they considered that there would be no cumulative impact in this regard.

His Honour Judge Jarman KC dismissed a renewed application for a judicial review last month (22 August), concluding that a proper assessment was carried out and showed no adverse effect on the catchment area.

Commenting on the judge's decision, Justin Neal, Solicitor for Fish Legal, said the group were disappointed with the decision of the judge.

"There are important issue of law and environmental protection which need to be considered carefully. For the sake of the river, we have decided to appeal the ruling", he added.

Adam Carey