River Action has launched a judicial review into Natural Resources Wales (NRW) over its permission to expand three intensive poultry farms in Powys, in a case that could shed light on how faecal pollution is regulated in Wales.
The legal challenge focuses on NRW’s decision in November 2025 to approve changes to existing environmental permits that would allow the farm to increase bird numbers and, in turn, produce fertilizer.
The debate centers on whether Wales’ environmental watchdog should assess the environmental impacts of fertilizers after they leave the farm, or whether those impacts should be addressed through the planning system.
NRW approved the permit change, stating that fertilizer management across facility boundaries is outside the scope of the environmental permit system.
River Action argues that this approach is legally flawed. The charity claims NRW misguided itself by excluding potential off-site impacts from its assessment under the 2016 Environmental Permits Regulations.
It also claims that recent court decisions, including Squire v Shropshire Council and NFU v Herefordshire Council, have been misinterpreted.
Emma Darnaly, River Action’s legal director, said fertilizer-related contamination is not limited to property lines.
“Pollution from intensive poultry farming does not stop at the farm boundaries, and regulation cannot legally stop there either,” she said.
He added that NRW has been treating “the boundaries of the facility as boundaries of regulatory responsibility”, even though environmental damage from excess nutrients is occurring elsewhere.
Manure from intensive poultry farming is widely recognized to contribute to nutrient pollution in river catchments such as the River Wye and River Severn, where concerns have been raised about algae blooms and a decline in ecological status.
River Action argues that environmental permits are intended to prevent unacceptable pollution before it occurs, and that NRW should assess and manage foreseeable off-site impacts resulting from permitted activities.
The group is asking the court to cancel the three licensing decisions and declare that NRW must legally take fertilizer-related impacts into account through the licensing process.
Leigh Day attorney Julia Eriksen said the permit changes would allow for “thousands more chickens” and additional fertilizer production.
“River Action argues that it is NRW’s job to prevent the resulting pollution impacts,” she said.
The incident comes amid increased scrutiny of intensive poultry production in parts of Wales, particularly in sensitive river catchments.
If the claim goes ahead, the High Court will consider whether NRW’s interpretation of its powers under the Environmental Licensing Regulations was correct.
NRW has been contacted for comment.
The results could have wider implications for how environmental permits interact with planning systems when regulating agricultural expansion across Wales.
