High Court quashes poultry farm expansion planning permission over failure to comply with environmental impact assessment regulations
Planning permission to expand a poultry farm in Monmouthshire has been quashed by the High Court after the county council agreed the decision failed to comply with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.
Monmouthshire County Council approved the construction of two additional poultry units and associated infrastructure at Coombe Farm poultry farm, Shirenewton in October 2024.
The Woodland Trust objected to the development in a consultation response, which claimed that the project threatened ancient woodland.
The conservation charity also raised concerns about increased levels of ammonia and nitrogen deposition negatively affecting the woodland's ecosystem.
Following the council’s decision to approve the planning application, the Environmental Law Foundation sent a pre-action protocol letter to the council on behalf of the Woodland Trust.
The letter, drafted by Siân McGibbon of Landmark Chambers, challenged the planning permission on several grounds:
- Irrational and unlawful conclusions regarding the impact of the proposed development on ammonia emissions.
- Failure to require an Environmental Statement in breach of Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.
- Failure to require an appropriate assessment in breach of Conservation of Habitats and Species Regulations 2017.
- Failure to consider provisions for disposal of waste holistically or beyond the 'red line' boundary of the Site.
Matt Gilks and Sabah Siddiq of Lester Aldridge also acted for the claimant.
On 17 December 2024, the court confirmed a consent order in which Monmouthshire County Council agreed that the planning permission should be quashed based on a failure to comply with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.
The council accepted that redetermination of the application shall require reconsideration of issues arising in all grounds of the claim.
The council has since received a series of amended planning documents, including an environmental statement, an ecology report, an ammonia report, and a manure and dirty water management plan.
Jack Taylor, Programme Lead for Woods Under Threat at the Woodland Trust, said: "Coombe Valley Woods is an irreplaceable habitat designated as a Site of Special Scientific Interest (SSSI).
"This intervention on the additional poultry units at Coombe Farm is necessary to protect this and other precious local ancient woods.
"It is also critical that we hold decision-makers and statutory agencies to account where flawed advice has been provided or errors in judgement made that put landowners in a difficult position in the long-term."
Monmouthshire County Council has been approached for a comment.
Adam Carey
