An appeal against a dismissed judicial review of planning permission granted by Shropshire Council for an intensive poultry-rearing facility has been allowed.
The facility was to be constructed on the operator's land, with the manure to be used as fertiliser on the operator's and third-party land. This was confirmed by an environmental impact assessment (EIA), which also considered the impact of odour and dust. The appellant claimed that the manure would cause unacceptable odour and dust.
The Environment Agency advised that the operator would have to put in place a manure management plan, and a permit was issued. Shropshire Council granted planning permission, which the appellant challenged for failure to consider the effects of the development on the environment. The judge at review stage was satisfied that the permit was sufficient to control the management of manure off-site.
On appeal, the judge said it was clear the planning officer had misunderstood the scope of the manure management plan. The EIA had discussed arrangements for the operator's land but not any third party's, and had not specified the third-party land on which the manure was going to be spread. It also had not assessed the effects of odour and dust arising from manure storage and spread. It gave no indication that the Agency had concluded the proposed storage and spreading of manure was not a potential source of pollution.
The appeal was allowed.
