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Powys County Council to pay £20,500 court costs after planning permission decision overturned

POWYS County Council (PCC) will have to pay £20,500 in court costs after a decision to give planning permission to a chicken farm near Knighton, was quashed.

The application by Thomas Price to build units to house 110,000 broiler chickens at Llanshay Farm near Knighton was approved in September 2020, by planning officers under delegated powers.

Environmental campaigners, Sustainable Food Knighton (SFK) mounted a legal challenge to the decision and applied for a Judicial Review in November 2020.

In January, SFK claimed victory, and that their solicitors and Powys County Council were in discussion over the wording of the court order which would confirm the decision had been overturned

But a court hearing on the issues was still scheduled to taken place in April.

A court order has now been received by SFK to confirm that the decision is in their favour.

Known as a “consent order” the document comes from the Cardiff based High Court of Justice Administrative Court.

It said: “By consent it is ordered that the challenged decision is quashed.

“The defendant shall pay the costs in this claim in the amount of £20,500 including VAT within 14 days.”

The order also explains: “The defendant conceded that the decision should be quashed on the basis of ground three of the claimant’s claim.

“Specifically, the defendant accepts that there was no evidential basis for the defendant officer’s conclusion that the impacts on amenity from the proposed development would be acceptable because the fields were unlikely to spread the manure from the proposed development more than twice per annum.”

A spokesperson for SFK, said: “Thanks to all those who have helped via the crowd funding appeal and other donations to the fighting fund, and to all those who gave us words of encouragement and those who provided us with expert advice and guidance.”

“Although the application can still be re-opened, the particular point conceded will have to be addressed along with, potentially, other grounds for objection that the group highlighted.

“These included factors such as the local impact on landscape, water and soil health, biodiversity and human health, and also the cumulative impact of the hundreds of IPUs (Intensive Poultry Unit’s) now in Powys.

“Taken together,  the resulting loss of biodiversity, ground and water pollution, increased greenhouse gas emissions and impacts on human health from ammonia emissions present a real risk, not just to Powys and Wales, but globally.”

A spokesman for PCC confirmed that they had received the court order and would be acting to fulfil their obligations.

The PCC spokesman said: “The council acknowledges receipt of the Judicial Review consent order and will enact upon the order which has quashed the planning decision granted in September 2020 for the erection of two poultry buildings and associated infrastructure at Llanshay Farm, Llanshay Lane, Knighton.

“It will be necessary for the planning matters identified in the Consent Order to be addressed and re-considered as part of the re-determination of the planning application.”


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