District council concedes planning permission for large poultry farm should be quashed

Barristers said the case highlighted that animal welfare could be a material consideration in relevant planning cases.

Campaign group Coalition Against Factory Farming (CAFF) said the decision to approve the project, which would house some 310,000 chickens, was flawed because the council’s assessments of the environmental impacts were deficient.

CAFF said these failings included not assessing the impacts of dirty wastewater, dust, odours and ammonia from the storage and spreading of manure and fertiliser.

The group also said the planning officer concerned failed to address comments from the council’s environmental health officer over the physical and chemical properties of the site’s soil and groundwater.  

It sent a pre-action protocol letter and North Norfolk responded by conceding that the planning permission should be quashed and the decision re-taken.  

Maya Pardo, legal strategy coordinator at CAFF, said: “The damage factory farms cause to our waterways, ecosystems, and the wellbeing of nearby households has been ignored for far too long.

“The planning officer also stated, mistakenly, that he could not consider animal welfare; we firmly believe the suffering of animals on these farms should be considered in planning decisions.”

Law firm Leigh Day partner Ricardo Gama, who represented CAFF, said: “CAFF believe that for too long the environmental impacts of factory farming have been overlooked, with local councils taking a lighter touch approach than they would to any other large-scale industrial activity.

“They are therefore pleased that North Norfolk Council have agreed that their grant of planning permission should be quashed so that the environmental impacts of the development can be properly assessed.” 

Barristers Alex Shattock, of Landmark Chambers, and Acland Bryant, of Garden Court Chambers, both acted for CAFF.

Mr Shattock said: “This case highlights the necessity of a rigorous approach to the legal duties in the EIA Regulations and the Habitats Regulations, particularly in respect of farming practices that can cause harm to the environment.

“It also highlights the danger of local planning authorities directing themselves that animal welfare concerns can never be a material consideration.”

A North Norfolk District Council spokesperson, said: “The council considered the submission made by solicitors for the Coalition Against Factory Farming and has agreed that the decision issued by the council in June 2025 should be quashed.

“This means that the council anticipates that it will need to re-determine the application (i.e. make a new decision) - when the current legal discussions are concluded.

“During the council’s proposed reconsideration of the application, the council will reconsult and readvertise the application to enable any interested parties to comment on it - if they wish – prior to any new decision being reached.”

Agricultural firm CJC Lee, which sought permission for the farm, has been contacted for comment.

Mark Smulian