Caffyn, R (On the Application Of) v L J Cooke & Son [2025] EWHC 1497 (Admin) (17 June 2025)

Caffyn, R (On the Application Of) v L J Cooke & Son [2025] EWHC 1497 (Admin) (17 June 2025)

The Council lawfully assessed the effects of spreading raw manure on third party land, but failed to assess the likely indirect effects of spreading digestate, as required by EIA law. The absence of any evaluative judgment or assessment regarding digestate constituted a legal error, as the effects were not shown to...

Source-derived case information.

Citation
[2025] EWHC 1497 (Admin)
Parties
Claimant: Alison Caffyn; Defendant: Shropshire Council; Interested Party: L J Cooke & Son
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; planning permission quashed and remitted for reconsideration limited to digestate assessment.
Legal Topics
Environmental Impact Assessment, Habitats Regulations Assessment, Planning Permission, Judicial Review, Manure Management, Anaerobic Digestion, Nitrate Pollution, Parallel Regulatory Regimes
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Habitats Regulations Assessment Planning Permission Judicial Review Manure Management +3 more

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Summary, issues, holding and outcome

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Parties

Alison Caffyn

Claimant

Shropshire Council

Defendant

L J Cooke & Son

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council was required to carry out an adequate assessment of the effect of the spreading of manure (raw or digestate) on third party land and did so
  2. 2 Whether the Council acted unlawfully by imposing a condition which failed to prevent the spreading of manure on land and thus failed to address environmental effects
  3. 3 Whether the Council failed to carry out a lawful appropriate assessment before granting permission, including by reference to thresholds, in-combination assessment, and assumptions about air scrubbers

Ratio Decidendi

The Council lawfully assessed the effects of spreading raw manure on third party land, but failed to assess the likely indirect effects of spreading digestate, as required by EIA law. The absence of any evaluative judgment or assessment regarding digestate constituted a legal error, as the effects were not shown to be incapable of meaningful assessment. The grant of planning permission was therefore unlawful and must be quashed and remitted for reconsideration limited to this aspect. The planning condition imposed was not unlawful or unreasonable in relation to raw manure.

Court Disposition

Claim allowed in part; planning permission quashed and remitted for reconsideration limited to digestate assessment.

Orders

  • The grant of planning permission is quashed.
  • The matter is remitted to the Council for reconsideration of the EIA limited to the assessment of the effects of spreading digestate on third party land.