The National Farmers’ Union v Herefordshire Council & Ors

The National Farmers’ Union v Herefordshire Council & Ors

Policy W3 is lawful as it does not unlawfully extend beyond the statutory definition of waste, is justified by evidence of environmental harm, and the requirements imposed are proportionate and within the LPA's powers. The failure to consult the NFU at Regulation 19 stage did not cause substantial prejudice as their arguments were before the Inspectors at other stages. The Inspectors' reasons were legally adequate.

Parties
Claimant: The National Farmers’ Union; First Defendant: Herefordshire Council; Second Defendant: Secretary of State for Levelling Up, Housing and Communities; Intervener: River Action UK
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Local Plans, Waste Management, Nutrient Neutrality, Consultation Requirements, Habitats Regulations, Judicial Review Grounds, Definition of Waste
Administrative Law Planning Law Environmental Law Local Plans Waste Management Nutrient Neutrality Consultation Requirements Habitats Regulations +2 more

Case Brief

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Parties

The National Farmers’ Union

Claimant

Herefordshire Council

First Defendant

Secretary of State for Levelling Up, Housing and Communities

Second Defendant

River Action UK

Intervener

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Policy W3 unlawfully extends planning control beyond the statutory definition of 'waste'
  2. 2 Whether Policy W3 improperly applies requirements to the whole agricultural unit
  3. 3 Whether the extension of nutrient neutrality requirements is irrational or unsupported

Ratio Decidendi

Policy W3 is lawful as it does not unlawfully extend beyond the statutory definition of waste, is justified by evidence of environmental harm, and the requirements imposed are proportionate and within the LPA's powers. The failure to consult the NFU at Regulation 19 stage did not cause substantial prejudice as their arguments were before the Inspectors at other stages. The Inspectors' reasons were legally adequate.

Court Disposition

Claim dismissed