The National Farmers' Union v Herefordshire Council & Ors [2025] EWHC 536 (Admin) (10 March 2025)

The National Farmers' Union v Herefordshire Council & Ors [2025] EWHC 536 (Admin) (10 March 2025)

Policy W3 is lawful; the Local Planning Authority is not bound to restrict the scope of the Plan to the statutory definition of 'waste'. The exclusion for faecal matter applies only where there is certainty of use in farming without environmental harm, which cannot be assumed given evidence of river pollution. The requirement for waste management method statements and nutrient neutrality is justified for EIA development due to significant environmental impacts. Supporting text does not unlawfully extend the policy. Consultation failures did not cause substantial prejudice. Adequate reasons were provided.

Citation
[2025] EWHC 536 (Admin)
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
10 March 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Waste Management, Nutrient Neutrality, Local Plan Challenge, Definition of Waste, Consultation Requirements, Planning Policy Interpretation
Planning Law Environmental Law Administrative Law Waste Management Nutrient Neutrality Local Plan Challenge Definition of Waste Consultation Requirements +1 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

Legal Issues

  1. 1 Whether Policy W3 unlawfully extends beyond the statutory definition of 'waste'
  2. 2 Lawfulness of extending policy requirements to the whole agricultural unit
  3. 3 Rationality of nutrient neutrality requirements

Ratio Decidendi

Policy W3 is lawful; the Local Planning Authority is not bound to restrict the scope of the Plan to the statutory definition of 'waste'. The exclusion for faecal matter applies only where there is certainty of use in farming without environmental harm, which cannot be assumed given evidence of river pollution. The requirement for waste management method statements and nutrient neutrality is justified for EIA development due to significant environmental impacts. Supporting text does not unlawfully extend the policy. Consultation failures did not cause substantial prejudice. Adequate reasons were provided.

Court Disposition

Claim dismissed

Orders

  • Policy W3 of the Herefordshire Minerals and Waste Local Plan upheld
  • No relief granted to claimant