A legal ruling in Herefordshire could fundamentally change the way councils act on factory farming

Sustain, the alliance for better food and farming, welcomes the high court ruling in March that slurry and manure from intensive livestock units can be treated as waste as part of local plans and when considering planning applications. River Action, who intervened in the case, have described the case as ‘historic’, with Charles Watson, River Action’s CEO saying the ruling ‘marks a major victory both for the River Wye and rivers generally.’ The ruling is also a huge boost to Sustain’s Planning for the Planet campaign, which supports councils to adopt planning policy that enables sustainable farming, reverses the intensification of livestock production, tackles climate change and protects rivers.  
 

Herefordshire’s local plan  

The case involved the National Farmers Union (NFU), who challenged Herefordshire Council on its Minerals and Waste Local Plan. Herefordshire’s plan contains a specific agricultural waste policy (Policy W3: Agricultural waste management including for livestock units – from page 73), which includes: 

1. Text to set out that slurry from livestock units should be defined as agricultural waste and must therefore be handled in accordance with the council’s rules for waste. This means that agribusinesses must handle their waste streams responsibly, with waste regulated by the Waste Framework Directive. The plan states that the council must be confident that slurry and manure will be used and disposed of in a way that prevents harm to the environment before they approve planning applications. 

2. A requirement for planning applications that intensive livestock units must state how waste from the whole agricultural unit will be managed – covering waste spread both on-site and sent offsite, including for anaerobic digestion. 

3. A requirement for proposed factory farms within the River Wye and River Clun to demonstrate nutrient neutrality, meaning they don’t worsen nutrient pollution, and they meet the requirements of the Conservation of Habitats and Species Regulations 2017.  
    

River pollution is a significant problem in Herefordshire, with the River Wye and the River Clun in unfavourable condition, with industrial poultry units considered to be a major driver of the problem. 

In 2023/24, Sustain provided Herefordshire Food Alliance with a grant to support their work campaigning against local factory farms and supporting local organic farming. Herefordshire Food Alliance campaigned alongside other local groups to win better local policy protections against intensive livestock units. The Minerals and Waste Local Plan was adopted in March 2024. 

The case  

The National Farmers Union (NFU) challenged the lawfulness of Herefordshire's agricultural waste policy, with River Action intervening on behalf of the council and arguing that, because the spreading of chicken manure causes environmental harm, it should be defined as waste under the Waste Framework Directive. River Action argued that producers should take responsibility for the lawful disposal of this waste. The ruling was made in favour of Herefordshire council and River Action. The judgement included: 

• An acknowledgement that regulatory measures are failing to prevent agricultural river pollution. The ruling said the Farming Rules for Water had failed to prevent pollution and could not be relied upon in planning applications as an assurance that waste would be properly managed, and pollution prevented. Where there is clear evidence that this is the case, councils do not have to assume non-planning measures such as the Farming Rules for Water will be effective, and it is legitimate that councils use additional policies and measures to prevent pollution. 

• Where there is uncertainty on the final use of manure and if it will cause environmental harm, it can be defined as waste. There is an exception if there is a high level of confidence that manure will be used in farming and not cause environmental harm.   

• The Waste Framework Directive includes an obligation to ensure that waste is managed without endangering human health or harming the environment, and without risk to water, air, soil, plants or animals. Herefordshire’s agricultural waste policy is a legitimate way of achieving this obligation.  

• The requirement for appropriate waste management for the whole agricultural unit (not just the proposed development – which may be part of a larger agricultural facility) is justified, as these developments are likely to cause significant environmental impacts. 

• Finally, the Environment Agency was open to Herefordshire Council taking a local approach to nutrient neutrality requirements. 
   

Implications of the judgement  

The judgement has implications for local planning authorities, including: 

1. Local plans can include requirements for managing agricultural waste, where pollution is an issue. The ruling backed Herefordshire Council in their assertion that it was necessary to have specific planning policy on agricultural waste, and that this policy could include a requirement for detailed waste management plans and for nutrient neutrality. 

2. Planning applications for intensive livestock units must provide a detailed waste plan at the application stage, for waste handled on-site and sent offsite. This should include full transparency on where it will be sent, how and where it will be applied to ensure the destination is in nutrient deficit, and that soil loads won’t exceed recommended levels. (In the context of an application for an intensive livestock unit in Methwold, Norfolk –  the council has recommended that ‘The lawful application of pig slurry, pig manure and poultry litter to land requires that where they are used as a soil fertiliser to the benefit of crops, the land to which the effluent is to be applied is identified in advance and the effluent not to be ‘overspread’ based on the needs of that land.’) 

3. For both local plans and planning applications, councils are not required to assume that the Farming Rules for Water (or other regulation regimes) will be enough to prevent pollution. Other measures can be justified. 

4. The ruling also highlights failures in national policy and the role of regulators. The finding that other regulatory measures are not sufficient to prevent pollution reveals a risk to legally binding national targets like nutrient pollution reduction.  
    

Ruth Westcott, Campaign Manager at Sustain said:

“The High Court has confirmed that councils can and should be protecting the environment from the colossal harm caused by intensive livestock farming. Congratulations to Herefordshire Council for their leadership and for taking action to protect the environment and their community. All councils should feel powerful after this ruling. The ruling also pointed to embarrassing failures from national governments. It said the regulatory regime, including the Farming Rules for Water have failed. This is unacceptable and the government need to step up.” 

Sam Hayward, Campaign Officer at Food for the Planet said:

“It’s really disappointing to see the NFU taking legal action against a council that is trying to protect its environment. There are a number of challenges in planning policy, for example farmers struggle to get permission for sustainable diversification efforts like farm shops, market gardens, and polytunnels. The NFU should be using its resources to push for planning reforms that help family farmers, rather than protecting the profits of Avara Foods.” 

Following this judgement, Sustain is urging councils to join Planning for the Planet and commit to using their planning powers to protect our rivers. Planning for the Planet is helping councils to ensure that all applications for agriculture developments fully disclose their impacts and have robust emissions assessment and a waste management plan. Find out more here.