The main High Court decision has threw a Shropshire Council’s decision to approve a 200,000 broiler unit on the Severn catchment river near Shrewsbury.
The legal challenge has succeeded in demonstrating that Congress could not properly assess the environmental impact of catchment development.
The ruling, passed on Wednesday (June 17), is being welcomed as a turning point in the agricultural plan, especially by environmental activists in units near the river catchment.
This challenge was brought to life by Dr. Allison Cuffin, a local campaigner and member of the River Action Board, with support from Charity River Action.
The court found that Shropshire Council failed in two important aspects. First, the Council did not adequately consider the cumulative contamination effects of multiple centralized poultry units in one area.
Second, we could not assess how waste from the proposed unit, including digests from the anaerobic digestion facility, would dispose of and affect the local ecosystem.
The incident underscored the river’s actions, known as “ecological deaths from thousands of tons of chicken.”
Dr. Cuffin said the ruling makes it clear that planning authorities must approach agricultural development in environmentally sensitive areas.
River Action welcomed the decision and called it a “basin moment” for environmental governance and planning policy.
“This case highlights a systematic obstacle to how planning systems assess the environmental sacrifices of factory farms,” the charity said.
“We must take an approach tailored to new developments, taking appropriate consideration of existing agricultural pressures.”
The organisation also pointed to wider changes in legal perceptions of agricultural pollution, and noted that the High Court recently ruled at NFU v Herefordshire Council that agricultural fertilizer constitutes industrial waste.
“We hope that today’s victory will be a turning point,” River Action said, “We hope that environmental protection will be at the heart of our decision-making and provide meaningful safeguards for rivers and rural communities.”
The court’s decision to overturn approval of the plan will not be appealed by Shropshire Council.