Securing planning permission for agricultural and rural development is becoming increasingly complex. Recent court rulings confirm that local planning authorities (LPAs) and developers must navigate complex regulations and long lists of requirements on water quality and habitat protection, where any technical or legal error can result in a planning consent being quashed.
Addressing the environmental impacts of a development at an early stage can significantly reduce the risk of delays, minimise the likelihood of costly disputes, and help avoid the need to submit fresh applications.
Harvey Davies, Head of Natural Capital in Thrings’ Planning and Environment team, takes a look at some of the themes behind this current direction and the recent cases that have signalled it.
Cumulative impacts
One of the key challenges in rural development is the legal requirement to assess cumulative or "in-combination" environmental effects. Following the Finch ruling, a proposed project's impact cannot be considered in isolation but in the context of other developments and their combined effect on the surrounding environment.
This principle was recently tested in the courts. In R (Caffyn) v Shropshire Council [2025], planning permission for a major intensive poultry unit was quashed after the local authority failed to properly assess the indirect, off-site effects of the proposed development. While the council had successfully addressed the disposal of raw manure by requiring it to be sent off-site, it overlooked the “likely indirect effects” of spreading the resulting digestate on third party land.
The court also found flaws in the local authority’s cumulative assessment of the ammonia and nitrogen impacts under the Habitats Regulations. Specifically, it had excluded other nearby projects that held environmental permits but had not yet been granted planning permission. This error was considered material as the council’s ecologist failed to provide sufficient evidence that these excluded projects would not push the combined impact over the 1% threshold of significance.
The implication for agricultural development is clear: planning assessments must now trace the full environmental chain, from the farm unit itself to the final use or disposal of its by-products (like manure or digestate) on third-party land. This significantly broadens the scope of environmental assessment and places greater data and technical burdens on both applicants and planning authorities.
Nutrient neutrality
In Herefordshire, the challenges posed by the Habitats Regulations have now been baked into local planning policy, reflecting a growing trend towards proactive and precautionary approaches to environmental protection. This is particularly evident in areas subject to nutrient neutrality requirements, where planning authorities are taking steps to safeguard sensitive ecosystems.
Herefordshire Council’s new policy W3, part of its Herefordshire Minerals and Waste Local Plan (MWLP), was introduced to address nutrient pollution in the River Wye and River Clun Special Areas of Conservation (SAC). The policy places a particular focus on agriculture, including the management of livestock manure and slurry. Although the National Farmers' Union challenged the policy on the grounds that it unlawfully extended planning control and policy to beyond definitions of agricultural waste set out in planning legislation. The High Court upheld the council’s approach.
The judgment confirmed that local authorities are within their legal rights to use planning policies to control agricultural development where the resulting waste poses a risk to the environment - particularly when existing regulatory regimes have failed to prevent harm. The Court also supported Herefordshire Council’s decision to go further than Natural England’s guidance, citing the ‘unfavourable -declining’ conservation status of the River Wye SAC as justification for imposing the nutrient neutrality requirement across the wider Wye catchment in Herefordshire.
Planning process: the importance of full disclosure
Local authorities are under increasing pressure to disclose all relevant environmental evidence and assess environmental impacts comprehensively before granting permission. Failure to do so can result in legal challenge and the quashing of planning approvals, even if mitigation measures and impact assessments appear otherwise robust.
This was the case in R (Wild Justice) v Pembrokeshire Coast National Park Authority [2025], where permission for the conversion of a disused bus station to an outdoor adventure centre was quashed.
The site’s proximity to the Cardigan Bay SAC and Aberath-Carreg Wylan Site of Special Scientific Interest (SSSI), raised concerns about increased recreational pressure on sensitive habitats, particularly populations of grey seals and chough.
While the authority’s assessment of grey seal population was found to be legally correct, it had failed to disclose the NRW Draft Report on the Ceibwr Breeding Bird Survey and to consider the potential impact of the development on the SSSI - a mandatory consideration under Planning Policy Wales which presumes against harmful development. As a result, the court ruled that the planning process had been legally flawed.
Harvey Davies, Head of Natural Capital in Thrings’ Planning and Environment team, said: “Every year, the impact of development on the environment becomes the subject of increasing scrutiny, and these recent cases show just how critical it is to build environmental considerations into a planning strategy from day one.
“Local authorities, inspectors and the courts are consistently upholding robust, precautionary approaches – and developers who fail to anticipate this are facing costly delays or quashed permissions. As such, early engagement with environmental issues will not only de-risk the process but also create opportunities to shape solutions that work for both the project and the environment.
“In order to have the best chance to ensure your application is a success, it’s vital to seek sound professional and legal advice early in the process, giving you the guidance you need to avoid challenge later on.”
“For some landowners, it may even provide a significant opportunity to consider their options for accessing natural capital markets to deliver solutions for local development and bring in a new income stream for their businesses.”
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation and has successfully supported commercial and residential applications through the approval and appeal processes. To find out more and for advice on your development proposals, please do get in touch.
