Landmark court ruling declares farming manure as 'waste' in major victory for River Action in its fight against industrial-scale poultry production in Wye Valley and exposes the failure of a regulatory regime that has failed to protect the environment 

In a huge boost for River Action's campaign against industrial scale poultry production, the High Court has today ruled that chicken manure can be classified as 'waste' and a council was entitled to require it to be disposed of under council waste rules. The Judgment has huge implications for handling manure on farms everywhere.

Following the adoption of Herefordshire County Council's (HCC) Minerals and Waste Local Plan (MWLP) in March 2024, the National Farmers Union (NFU) mounted a judicial review challenge arguing that manure produced by agricultural developments like intensive Poultry Units (IPUs) is an agricultural "by-product" and should not be classified as 'waste' under the Waste Framework Directive (WFD). Before the court, the NFU did not dispute that chicken manure is the main source of nutrient pollution causing an ecological crisis in the River Wye. But it still argued that none of the controls on waste handling should apply and that HCC could not deal with it through a policy (policy W3) its MWLP.  

In its intervention, River Action said environmentally damaging algal blooms in the River Wye have arisen because of livestock manure causing excessive phosphates to build up in the soil, which then runs off and leaches into waterways.  River Action argued that manure should be classified as 'waste' at least until its point of use under the WFD, and that controls need to be in place to ensure that waste producers take responsibility for disposing of waste in a lawful way.  

The Hon Mrs Justice Lieven agreed that it cannot be assumed that manure will be used in an environmentally safe way. She then agreed with River Action that, given the environmental problems caused by chicken manure in the Wye catchment area with narrow and specific exceptions, manure is 'waste' in law up to the point it is sold or transferred to a third party. This means that chicken producers in Herefordshire will have to provide a detailed plan at the planning application stage to ensure chicken manure can be disposed of safely, including full transparency on the manure's destination and application. They cannot rely on wastewater rules monitoring.

The judge also comprehensively rejected the NFU's argument that HCC had to assume that the Farming Rules for Water (FRfW) – which regulate the spreading of manure on fields - were operating effectively to combat water pollution, so that no harm would be caused to the Wye by additional chicken manure – when all parties accepted that that was not the case. She observed that the FRfW are "a regulatory regime which beyond any doubt had failed to protect the environment from harm" and that HCC was justified in adopting a policy that recognised the FRfW were failing to operate effectively. 

That is a clear win for common sense and realism given that historically developers often argue in planning cases that environmental consequences will be dealt with by other regulatory regimes, and so should not be the subject of planning controls.  The judge was clear that planning authorities did not have to make any such assumption, where there was clear evidence that other regimes were failing, as is all too often the case.

River Action chair Charles Watson said: 

"This historic court ruling marks a major victory both for the River Wye and rivers generally across the nation and it exposes yet another attempt by the NFU to push back on important initiatives intended to end the blight of agricultural pollution in our rivers. 

We believe the ruling clarifies once and for all that the intensive factory production of livestock is clearly an industrial manufacturing process, whereby the often-toxic waste that it produces must be treated as such. 

This landmark ruling should set a vital precedent not just for other planning authorities to embed similar enhanced protections into all planning applications for livestock production developments. It also demonstrates that our environmental regulators need to now take urgent action to enhance pollution regulations to reflect the serious threat that intensive livestock production clearly poses to the health of our rivers."

River Action was represented by Carol Day, Ricardo Gama and Julia Eriksen of Leigh Day and David Wolfe KC (Matrix Chambers) and Peter Lockley (11 King's Bench Walk).  

Leigh Day environment team solicitor Carol Day said:  

"The NFU sought to challenge common-sense policies in the Minerals and Waste Local Plan requiring new poultry units to have a detailed plan for disposing of chicken manure on the basis that the manure is not waste in law and therefore not covered by the MWLP.  

"The judge resoundingly agreed with River Action that chicken manure is classified as 'waste' in law. This judgment vindicates HCC's approach and is a victory for the River Wye and the wider environment." 

This means that people proposing new Intensive Poultry Units in Herefordshire will need to put in place proper arrangements for dealing the huge volumes of manure that is produced. The judgment should also now mean that proper environmental controls are put in place across the country to oversee the production and handling of manure from animals on farms."