Chicken farm planning permission quashed

Judicial Review claim of the grant of planning permission for two poultry buildings housing up to 76,000 chickens. Following the grant of permission on several grounds, the Council conceded that it had failed to justify the visual harm of the development to the setting of some heritage assets, resulting in the quashing of the consent.

The proposed poultry units were adjacent to the boundary of the Shropshire Area of Outstanding Natural Beauty (AONB); and a few hundred metres from the heritage conservation area of the villages of Aston Munslow and Munslow and 1km the Grade II* listed Millichope registered park and garden. The decision was challenged on the basis that the Council as decision maker (1) had failed to apply the correct approach to heritage assets; (2) had failed at least to have regard to AONB policy that there were exceptional circumstances justifying the development, given the acceptance of the application as ‘major development’ and the proximity of the AONB boundary; (3 ) had failed properly to consider its tree officer’s advice that the layout would harm a veteran tree and what harm would ensue if that advice was not heeded; (4) had made a decision that was irrational and/or inadequately reasoned . The latter included no discernible reasons within the officer’s report to satisfy the requirements of the Environmental Impact Assessment Regulations 2017. The Council conceded on Ground 1: that its officer had failed identify and take account of the positive contribution of the heritage assets and to take account of the Conservation Officer’s advice that there was ‘less than substantial harm’ contrary to the applicant’s evidence to which the officer referred. The Defendant Council agreed to pay most the Claimant’s costs.

Counsel for the Claimant was Alex Goodman of Landmark Chambers.