We are delighted to have acted for the Woodland Trust, UK’s largest woodland conservation charity, in its successful legal challenge to overturn a planning permission issued by Monmouthshire County Council. The proposed development involved the construction of two additional poultry units and associated infrastructure at Coombe Farm poultry farm, Cwm Mill, Shirenewton, a project that threatened ancient woodland.
The Woodland Trust prioritises the preservation of the ancient woodland in Wales. In its consultation response objecting to the planning application, the charity raised concerns about increased levels of ammonia and nitrogen deposition negatively affecting the woodland’s ecosystem. Despite these concerns, Monmouthshire County Council granted planning permission on 2 October 2024.
Helen Hamilton of Marches Planning and Environment, alerted to the potential risks to the woodland, contacted the Environmental Law Foundation. On behalf of the Woodland Trust, the Environmental Law Foundation sent a Pre-Action Protocol Letter to Monmouthshire County Council. The letter, drafted by Siân McGibbon of Landmark Chambers, challenged the planning permission on several grounds:
- Irrational and unlawful conclusions regarding the impact of the proposed development on ammonia emissions.
- Failure to require an Environmental Statement in breach of Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.
- Failure to require an appropriate assessment in breach of Conservation of Habitats and Species Regulations 2017.
- Failure to consider provisions for disposal of waste holistically or beyond the ‘red line’ boundary of the Site.
Environmental Law Foundation contacted Matt Gilks and Sabah Siddiq at Lester Aldridge in relation to issuing of the claim in the High Court. On 13 November 2024, Lester Aldridge issued the Woodland Trust’s claim for permission for judicial review of Monmouthshire County Council’s grant of planning permission.
On 17 December 2024, the court confirmed a Consent Order in which Monmouthshire County Council agreed that the planning permission should be quashed based on a failure to comply with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017. Monmouthshire County Council has accepted that redetermination of the application shall require reconsideration of issues arising in all grounds of the claim.
Jack Taylor, Programme Lead for Woods Under Threat at the Woodland Trust, said: “Coombe Valley Woods is an irreplaceable habitat designated as a Site of Special Scientific Interest (SSSI). This intervention on the additional poultry units at Coombe Farm is necessary to protect this and other precious local ancient woods. It is also critical that we hold decision-makers and statutory agencies to account where flawed advice has been provided or errors in judgement made that put landowners in a difficult position in the long-term.
The Woodland Trust will continue to stand up for ancient woodlands across Wales and challenge any planning decisions wherever we think poor judgements have been made for irreplaceable woods and trees.”
We would like to thank Emma Montlake, Tanvi Sengupta of the Environmental Law Foundation, Helen Hamilton of Marches Planning and Environment, and Siân McGibbon of Landmark Chambers for choosing Lester Aldridge to assist with the judicial review.
This case was led by Sabah Siddiq and Matt Gilks in our Planning & Environment team, who provided invaluable support throughout the process. Their expertise in environmental law and their commitment to the Woodland Trust’s cause were integral to the success of this challenge. The Planning and Environment team have a wealth of experience in advising and assisting on Judicial Reviews and Planning Statutory reviews and should you require assistance, then please get in touch with a member of our team at [email protected].
