Planning permission for 310,000-chicken intensive poultry unit in Norfolk to be quashed

North Norfolk District Council have conceded that the grant of planning permission for an intensive poultry unit housing up to 310,000 broiler chickens should be quashed, following a legal challenge brought by the Coalition Against Factory Farming (CAFF).

The planning application had relatively few consultation responses and was decided via delegated decision in June this year, following no objections from Natural England and the Environment Agency.

CAFF identified numerous legal errors in the Council’s consideration of the application, including:

• A failure to carry out an adequate appropriate assessment,
• A failure to assess the environmental effects of disposal of dirty water off-site,
• A failure to assess the off-site dust and odour impacts of manure spreading,
• A failure to address the environmental health officer’s concerns regarding the baseline condition of the soil,
• A failure to model ammonia impacts on the basis of a flawed ‘substitution’ argument,
• A failure to consider GHG emissions,
• An in-principle rejection of animal welfare concerns,
• A failure to adequately publicise newly submitted information under the EIA Regulations.

The Council has now consented to judgment.

This case highlights the necessity of a rigorous approach to the legal duties in the EIA Regulations and the Habitats Regulations, particularly in respect of farming practices that can cause harm to the environment. It also highlights the danger of local planning authorities directing themselves that animal welfare concerns can never be a material consideration.

Alex Shattock acted for the successful claimant, with Acland Bryant at Garden Court. They were instructed by Ricky Gama and Lucia Saborio Perez at Leigh Day on behalf of Maya Pardo at CAFF. CAFF were originally supported in the case by the Environmental Law Foundation and Helen Hamilton.