Campaigners launch legal challenge over planning permission granted for Shropshire poultry farm
A major legal battle has been launched by river pollution campaigners who have secured the right to a judicial review over planning permission granted for a large-scale poultry farm in Shropshire.
River Action, an environmental group, has secured a judicial review against Shropshire Council's decision in May, to approve an application by LJ Cooke & Son for a poultry production unit at Felton Butler, north-west of Shrewsbury.
The unit would house 230,000 birds, the action, brought by Dr Alison Caffyn, a member of River Action's advisory board, aims to halt the further spread of industrial-scale poultry production in Shropshire and the wider Severn catchment. The group argues that such units pose a significant threat to the river's ecosystem due to pollution caused by manure and ammonia emissions.
Dr Caffyn's legal challenge focuses on the failure of Shropshire Council to adequately assess the environmental impacts of the proposed poultry unit, including its effects on protected habitats and groundwater. River Action believes that the council's decision to grant planning permission for the unit was unlawful and contravenes environmental regulations.
The High Court has granted permission for the judicial review on two grounds: the council's failure to assess the effects of manure spreading and biomass emissions, and its failure to impose a lawful planning condition to prevent groundwater pollution. However, the court rejected the challenge on a third ground, which concerned the potential impact of the unit on designated protected sites.
River Action plans to appeal the court's decision on this third ground, arguing that the council failed to carry out a proper assessment of the risks to protected habitats and could lead to further environmental degradation.
The legal action is part of a wider campaign by River Action to use the law to prevent river pollution by intensive agricultural practices across the country. The group has been particularly concerned about the devastating impact of pollution on the River Wye and is determined to protect the River Severn from a similar fate.
Dr Alison Caffyn and River Action believe that the legal challenge is crucial to protecting the Shropshire countryside and communities from the negative impacts of industrial agriculture. They hope that the case will set a precedent for local authorities nationwide to reassess the environmental impacts of such developments.
Dr Alison Caffyn said: “Shropshire Council has continued to grant planning permission for intensive poultry units across the county, despite increasing concern about the impacts on the Shropshire countryside and communities.
"The chicken population has grown so much that there are now nearly 65 chickens for every person in Shropshire. And it appears that the Council has not been properly assessing the impacts of all that extra manure and ammonia emissions on our rivers and special habitats. We need them to stop allowing ever more levels of unsustainable industrial agriculture in Shropshire.”
Charles Watson, Chairman and Founder of River Action said: “Like an appalling car crash in slow motion, exactly the same set of tragic events is now unfolding in catchment of the River Severn as has happened recently in the neighbouring catchment of the River Wye.
"By recklessly waiving through permission for ever more giant intensive poultry units, Shropshire County Council is effectively pronouncing the death sentence on yet another iconic British river.
"The construction of these giant unsustainable pollution clusters, with no due consideration being given of their cumulative environmental impact, cannot be allowed to continue. We look forward to supporting this critical legal action through its next phase as it goes to court.”
Leigh Day environment team solicitor Ricardo Gama, said: “The court’s decision to grant permission on two grounds is a crucial first step. However, the fact that permission was refused on Ground 3, which addresses the most pressing concern around protected sites, only strengthens our client’s resolve to see this fully challenged.
“So far, the approach adopted has allowed industrial concentrations of poultry and livestock to be reared in highly sensitive countryside locations, with devastating impacts on local ecosystems. Our client hopes that this legal challenge will set a strong precedent for local authorities nationwide, urging them to reassess the cumulative environmental impacts of developments like these.
"It’s clear there needs to be a complete rethink of how such planning decisions are made, especially where protected sites are at risk.”
