Legal challenge aims to halt growth of intensive poultry industry in River Severn catchment
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By Law News
River Action challenges Shropshire Council’s approval of large poultry unit, citing environmental risks to River Severn.
Environmental campaigning group River Action has initiated a legal challenge against Shropshire Council's decision to approve a significant intensive poultry unit. This judicial review aims to prevent further industrial-scale chicken farming in the county and the River Severn catchment area.
The Challenge and Its Grounds
Dr. Alison Caffyn, a Shropshire resident and member of River Action's advisory board, is spearheading the challenge with representation from Leigh Day's environmental team. The challenge targets the council’s May 2024 decision to permit LJ Cooke & Son's poultry unit at North Farm, Montford Bridge. The proposed unit would include four large rearing buildings and a biomass store, housing 230,000 birds near an existing site with nearly half a million birds.
Initial objections from Natural England and council officers regarding potential pollution impacts on protected sites led to a refusal. However, the plan was later approved after LJ Cooke proposed exporting manure to an off-site anaerobic digestion unit.
Dr. Caffyn's judicial review application highlights several failings in the approval process:
- Inadequate assessment of manure spreading and biomass emissions.
- Lack of lawful planning conditions to prevent groundwater pollution.
- Failure to conduct a proper appropriate assessment as required by Habitats Regulations.
- Breach of regulation 9(3) of the Habitats Regulations to avoid habitat deterioration.
Concerns and Impacts
River Action asserts that the River Wye catchment area has already suffered extensive ecological damage due to poorly regulated agricultural practices, and they aim to prevent similar outcomes for the River Severn. Dr. Caffyn criticised the decision, noting that LJ Cooke used outdated data to justify their application, ignoring recent increases in poultry permits that would house around one million birds in northern Shropshire.
Charles Watson, chair of River Action, emphasised the cumulative environmental impact of multiple intensive poultry units. He criticised local councils for not considering the collective pollution effects, as evidenced by the severe pollution in the River Wye. Watson warned of a similar scenario unfolding in the River Severn catchment, with Shropshire Council approving more units without proper environmental consideration.
Legal and Environmental Advocacy
Leigh Day solicitor Ricardo Gama expressed hope that this legal action would set a precedent, encouraging local authorities to rethink their approach to planning applications for intensive farming. Dr. Caffyn and River Action believe that a comprehensive review is necessary to prevent further environmental degradation.
Dr. Caffyn stated, “Supported by River Action, I am challenging this attempt to impose another massive factory farm on Shropshire's beautiful countryside. We already have over 20 million chickens in Shropshire; we don’t need more. The River Severn risks suffering the same fate as the Wye due to these poorly informed planning decisions.”
River Action remains committed to preventing a repeat of the Wye pollution crisis in the Severn catchment, advocating for stricter enforcement of environmental regulations and more responsible planning decisions.