Intensive poultry farm stopped on odour, threat to SSSI

On 5 May 2023 the Planning Inspectorate refused planning permission on an appeal under section 78 of the Town and Country Planning Act 1990 for the development of 4 poultry buildings at a farm in Shropshire, citing concerns relating to odour and other air pollutants, echoing our client’s expert evidence.

We acted for a group of residents who held concerns about the impact of the proposed development on living conditions locally and the impact on Thatcher’s Wood and Westwood Covert, a Site of Special Scientific Interest (“SSSI”).

As to the concern arising from odour from poultry farming (processing approximately 1.5 million broiler chickens per year), the case highlighted how important it is to scrutinise odour assessments submitted by developers. After we introduced expert evidence on behalf of our client, the planning inspector found that the development, if granted permission, would unduly affect the living conditions of nearby residents. Our clients were able to show that the developer had failed to consider peak odour concentrations (i.e., when the poultry buildings are being mucked out). They also demonstrated there was limited explanation of the results and methodology adopted as part of the modelling of odour concentrations, and the necessary analysis was therefore lacking.

On behalf of our clients, we also submitted substantive objections regarding other issues relating to Shropshire Council’s emerging local plan and the position taken by Natural England in relation to the SSSI.

Shropshire Council had released land for residential housing on the outskirts of a nearby town, Bridgnorth. We maintained this was material where, if the development were granted permission, the poultry units would essentially gain “protection” under paragraph 187 National Planning Policy Framework. It was no answer for the developer to say poultry farming would be subordinate to residential housing units in the event they are built. Our clients were able to show that the development would potentially prevent the Council pursuing its preferred spatial strategy which involved significant housing numbers on and around the farm site, and that was another ground to refuse the appeal.

Further, our clients objected to the proposed development as it would damage the nearby SSSI. Shropshire Council’s ecologist and Natural England did not consider the ammonia and nitrogen concentrations a reason to refuse the planning consent. Our clients were, nevertheless, able to show that intensive poultry farming, even with mitigation measures (e.g. air scrubbers) would increase the existing levels of ammonia and nitrogen and exceed the critical level in the SSSI. This would result in harmful nutrient increases (eutrophication) and degradation of the SSSI.

Together with our advice and assistance and supported by Dr Michael Bull, an air quality consultant and Dr Sam Fowles, acting as counsel, our clients were able to challenge the modelling that attempted to downplay the odour levels and release of ammonia and nitrogen. This demonstrated the proposal was contrary to the development plan, including policies requiring development to protect and enhance the natural environment and not to have a significant adverse impact on Shropshire’s environmental assets.