Chicken manure waste ruling deals blow to poultry industry

In a major blow to the NFU, the High Court has ruled that chicken manure must be classified as “waste”, a decision that has been hailed as a victory by environmental groups but raises serious concerns among farmers.

The ruling comes as part of a wider battle over so-called “industrial-scale poultry production”, with the NFU arguing that the new classification could impose unnecessary burdens on farmers already facing increasing pressure to balance food production with environmental sustainability.

The ruling has vast implications for farmers across the UK, especially in regions such as the Wye Valley, where intensive poultry units have faced growing scrutiny due to their role in water pollution.

See also: Defra reveals multimillion-pound River Wye action plan

The court sided with the charity River Action and Herefordshire County Council (HCC), stating that chicken manure, which has long been blamed for polluting the River Wye with excessive phosphates, should be treated as “waste” under the Waste Framework Directive.

This decision forces poultry producers in Herefordshire to comply with new rules requiring them to submit detailed plans at the planning application stage for safely managing and disposing of manure. It could set a precedent for other planning authorities nationwide to embed similar rules.

NFU argument

The NFU, which had challenged the HCC’s classification of manure as waste in its Minerals and Waste Local Plan, argued that manure should be treated as a by-product, not waste, under agricultural regulations.

The union’s legal challenge was focused on preventing the imposition of strict waste disposal policies on farmers, especially those in intensive poultry production.

Despite the NFU’s objection, the court agreed that manure should be considered waste until it is transferred to a third party, citing the environmental harm it causes, particularly in the form of damaging algal blooms in rivers.

River Action, which has long campaigned against industrial livestock production and its environmental consequences, said the ruling was a vital step towards reducing agricultural pollution in the UK’s waterways.

‘Win for common sense’

Charles Watson, chairman of River Action, called it “a clear win for common sense” and urged policymakers to take further action to address the ecological damage caused by intensive farming practices.

Research conducted by scientists at Lancaster University found that agriculture is responsible for 70% of the phosphate levels in the River Wye catchment.

The ruling also exposed the shortcomings of the current regulatory system, with High Court judge Mrs Justice Lieven highlighting that the Farming Rules for Water, which are supposed to regulate manure spreading, have failed to protect the environment.

She noted that Herefordshire Council was justified in adopting stricter measures, given the ineffectiveness of the existing rules.

Farmer reaction

NFU vice-president Rachel Hallos said the union was “extremely disappointed” by the High Court’s ruling and is considering an appeal.

“Britain’s farmers recognise their businesses have a major role to play, alongside producing food, in improving water quality,” she said.

“Much progress has already been made through regulation and voluntary measures, such as carefully managing how much manure and fertiliser is applied to fields.

“Today’s decision will come as a further blow to farming’s ability to invest and improve on-farm infrastructure and apply for funding through government-backed schemes like the Slurry Infrastructure Grant, all of which aim to improve water quality.”

The NFU says the new waste classification could place undue burdens on farming communities, and is calling for more scientific data to back pollution control policies.

The court decision is expected to have widespread effects on the way manure is handled in agricultural areas nationwide, intensifying the debate between environmental protection and the economic realities faced by farmers in intensive livestock industries.