Alison Caffyn, R (on the application of) v Shropshire Council

Alison Caffyn, R (on the application of) v Shropshire Council

The Council failed to carry out a legally adequate assessment of the effect of spreading digestate on third party land and failed to lawfully assess in-combination impacts by excluding Post-APIS Projects subject to Environmental Permitting decisions but not planning decisions; these errors were material and vitiated the grant of planning permission.

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 for judicial review granted in part; planning permission quashed.
Legal Topics
Environmental Impact Assessment, Habitats Regulation Assessment, Planning Permission, Pollution Control, Judicial Review, Statutory Interpretation
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Habitats Regulation Assessment Planning Permission Pollution Control Judicial Review +1 more

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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 Adequacy of assessment of environmental effects of spreading manure and digestate on third party land
  2. 2 Lawfulness of planning condition imposed to prevent spreading of manure
  3. 3 Lawfulness of appropriate assessment under Habitats Regulations, including use of thresholds, in-combination assessment, and assumptions about air scrubbers

Ratio Decidendi

The Council failed to carry out a legally adequate assessment of the effect of spreading digestate on third party land and failed to lawfully assess in-combination impacts by excluding Post-APIS Projects subject to Environmental Permitting decisions but not planning decisions; these errors were material and vitiated the grant of planning permission.

Court Disposition

Claim for judicial review granted in part; planning permission quashed.

Orders

  • The Claimant’s claim for judicial review is granted.
  • The planning permission granted on 16 May 2024 with reference 17/05151/EIA is quashed.