Polluted waterways: the Environmental Law Foundation joins others giving evidence to the Court of Appeal

Claire Fowler reports that the Environmental Law Foundation (ELF), one of this site’s organisations designated as ‘working for the common good, on a shoestring’ has intervened to present evidence to the Gourt of Appeal, together with the Good Law Project, London Waterkeeper, Stonyhurst College and Kent Environment and Community Network

The water industry is now facing its biggest wave of protests since it was privatised more than 30 years ago, as campaigners from the Windrush Against Sewage group in Oxfordshire to Ilkley Clean River in Yorkshire, try to force action from companies and policymakers.

Emma Montlake, ELF’s joint executive director (left), said: “ELF works with and assists communities across the country plagued by the environmental and health consequences associated with sewage pollution into British water systems. We are delighted that the Court of Appeal has agreed that ELF’s evidence and that of others in the consortium will be able to assist the Court of Appeal to understand the context and wider ramifications of unchecked sewage pollution.”

In December, the Financial Times reported that publicly owned water firms, which were sold off with no debt and handed £1.5bn when they were privatised 30 years ago, have since borrowed £53bn, the equivalent of around £2,000 per household.

Much of that has been used to pay £72bn in dividends to their big shareholders rather than invest in infrastructure – cutting costs by frequently illegally discharging sewage into rivers and the sea.

Elf and the other four organisations will present evidence to support a case aiming to protect the rights of communities to challenge water companies for dumping raw (untreated) sewage into rivers and seas.

This particular case concerns discharges from combined sewage outfalls into the Manchester Ship Canal. There is increasing evidence that such discharges are happening frequently into watercourses around the UK, not just – as permitted – in exceptional circumstances.

The Guardian reports that the Good Law Project (GLP) and the Environmental Law Foundation (ELF) are challenging a decision by the high court that the water company United Utilities cannot be subject to any private legal action for its discharges of raw sewage from storm outfalls into the Manchester ship canal.

The Good Law Project adds that sewage was dumped into English rivers on more than 400,000 separate occasions in 2020 for a total of over three million hours. United Utilities was responsible for over a quarter of these. The company’s sewage dumping affects rivers across Greater Manchester, Cumbria, Merseyside, Cheshire and Lancashire, as well as in Derbyshire.

In their recent report, the Environmental Audit Committee agreed, saying that water companies “appear to be dumping untreated or partially treated sewage in rivers on a regular basis.” 

Evidence of harm include testimony from river swimmer Susan Mote, who told BBC South East that her dips in the River Ouse had left her with repeated ear infections, possibly caused by the polluted water. She was one of 12 people who reported falling sick after swimming or paddling in rivers and seas and  suspected sewage pollution was responsible for their illness.

According to Surfers Against Sewage, in the UK last year “six out of eight rivers tested pose a continuous serious risk to human health.” And it is now well known that only 14% of English rivers are classified as being in good health.

Groups ranging from British Canoeing to River Action UK have all called on water companies to live up to their responsibilities and do much more to protect the UK’s rivers.

If the appeal is rejected, water companies will have been granted ‘near-immunity’ to discharge sewage in Britain’s rivers and seas.

 

 

 

 

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Future generations will deplore the dark age of factory farming

Tracy Worcester – founder of Farms not Factories, who works with a wide range of concerned people in this and other countries, wrote some time ago: “We launched our new video series (episode 1) at Petersham Nurseries Restaurant, London, featuring Hugh Fearnley-Whittingstall, Mark Hix, Amelia Freer and a host of other celebrated chefs, and the farmers who provide their pork. We screened the second episode of our ‘Rooting For Real Farms’ series at the event”. Watch it here. 

Having read about successful interventions in campaigns against factory farms at the planning stage, the writer had assumed that these applications had now ceased.

It was rather a shock, therefore, to look back over cases where campaigners were supported by the Environmental Law Foundation (ELF) and other reports.

More detailed information about such developments may be read here.

ELF supported the Colwall Action Group in Herefordshire in 2015 who, were concerned by a planning application for a local farmer to build four industrial chicken rearing units producing 200,000 chickens every eight weeks – projected produce 84 tonnes of chicken dung per month. The giant $145 billion pa US agro-business Cargill owns a large broiler chicken abattoir and processing plant nearby and is supporting farmers who apply for the requisite permissions.

Herefordshire relieved

In 2018, the Hereford Times reported that Avara Foods, formerly Sun Valley Poultry and Cargill Meats Europe, has written to farmers to tell them that there is ‘already more poultry production in Herefordshire than is required for the company’s Hereford factory’.

A four year battle won – is the tide turning?

Dorstone 2014 -18: in 2014 proposals were made to build two giant broiler-chicken sheds with associated feed bins, hardstandings and attenuation pond, on a farm in the rural parish of Dorstone, Read more here.  Permission was refused in 2018:

Another success

In 2019 Tasley Chicken Factory Farm Action Group were delighted after the Court of Appeal quashed a planning application for a unit housing a quarter of a million broiler chickens. The Shropshire Star reported that the court ruled that the pre-planning consent assessment of the smell and dust impact on local residents caused by the disposal of chicken manure on nearby fields was not properly considered by Shropshire Council when it approved the plans. Elf’s sister organisation, Shropshire CPRE, was also involved in the legal action.

A decision to be taken on September 9^th

Though there was an outbreak of avian flu in the county ten months ago, the Diss Mercury reports that in August, plans for four new chicken units to hold 188,000 birds on Castle Hill Farm, in Thorndon in Suffolk have been submitted.

Perhaps healthier, happier times are on their way

There is now a legal ruling on dust, noise, bioaerosols, ammonia and odour from intensive livestock farms that is making their environmental impact assessment more challenging. A farmer is given this guide when applying for a permit or to change (vary) a permit for intensive farming under the Environmental Permitting Regulations. The risk assessment overview explains the other steps to take in risk assessment – checking the risks mentioned above and assessing whether they are likely to affect ‘receptors’ (people or parts of the environment that could be harmed by emissions from the farm).

It is now universally recognised that factory farms are among the main contributors to the greenhouse-gas emissions that cause climate change.

Endnote: Vicki Hird (Sustain): “Large scale industrial chicken farming epitomises all that is unhealthy, unethical and unsustainable about the food system. The animals have a short miserable life, the product is cheap but not that tasty and the farmer and workers get little reward for their efforts. This race to the bottom is something we should be moving away from – and eating less but better meat where the farmer gets enough form the supply chain to keep fewer animals and give them a decent life – but this takes new policies and a new vision or food and farming from the Government , , , .”

 

 

 

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ELF assists locals to protect woodland for future generations

Becky Addy Wood in Wiltshire is home to many ancient and native species of trees and rare flora, wood anemone, early dog-violet and blankets of wild garlic and bluebells.  

It also provides vital natural habitat for protected local wildlife, including bats and the entire wood is covered by a Tree Preservation Order.

The first recorded mention of the ancient woodland is as far back as the 10th Century – when it was offered as reward to Leofwine, a huntsman of Anglo-Saxon King Æthelred II.

It is accessible by a right of way that parallels the canal and provides an alternate walking route to Avoncliff, covering over 10 acres. (Bradford on Avon council website).

In ELF’s latest newsletter, Claire Fowler reported that at least once a year a motor cross trial was held in the wood, causing serious damage to the woodland.

The Council  said that as they were held under Permitted Development Rights (PDR) and – unless they were suspended through an Article 4 Direction – they could take no action to stop the trails.

After a year and a half of campaigning a group called the Friends of Becky Addy Wood, or FROBAW contacted ELF who took advice from Ruchi Parekh, a barrister at Cornerstone and found that there was leverage between the Habitats Regulations and PDRs which we could pursue.

However, litigation was not required as just over a month ago ELF learnt that the woods had been put up for auction. Friends of Becky Addy Wood started a campaign to raise funds from more than 100 residents across the area alongside a £3,000 donation from the Bradford on Avon Preservation Trust for the purchase of the wood. ELF came to an agreement with Bradford on Avon Town Council for the Council to buy the woods on behalf of the community, with a donation of £30,000 from FROBAW.

The Council approached the vendor, the wood was taken off the auction a day before the auction was due to take place and the Council made the purchase at the end of April.

Elf, FROBAW and Bradford on Avon Town Council will be drawing up a management plan to ensure that the wood is properly managed and maintained and that its conservation is enhanced.

 

 

 

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ELF: the Gwent Levels saved, ‘for now’ and news of events in Devon & London

The Environmental Law Foundation (ELF) is a charity which helps the voice of ordinary people and communities to be heard on matters affecting the environment in which they live and to have access to justice. It provides free information and advice on environmental issues to individuals and communities via its in-house and university-based law clinics, and its network of specialist environmental lawyers and technical experts.

In June, Emma Montlake reported that Wales’ First Minister had decided to refuse permission to build an M4 relief road, which would have destroyed the unique and historic Gwent Levels (below).

ELF thanked all those barristers, who through the ELF network generously gave their time: Charles Streeten of FTB, Grace Brown and Irena Sabic of Garden Court Chambers, Alastair Henderson, Hannah Noyce and Dominic Ruck-Keene of 1 Crown Office Row. The Inspector’s report may be read on ELF’s website.

October’s newsletter is dedicated to news of ELF events bringing ELF members and ELF community users together, in a series of environmental events, looking at specific environmental concerns routinely raised by those seeking assistance of ELF. Events include:

ELF Community Outreach: Devon Climate Emergency Response: Transforming agriculture to reduce emissions – 16th October 2-5pm at Exeter University. ELF’s outreach programme will be holding a free community event at Exeter University on 16th October from 2pm to 5pm to consider how local residents and businesses can help to achieve Devon’s Climate Emergency ambitions and transform agricultural practices to help decarbonise Devon by 2030. Participants will explore the opportunities to make their voice heard, ways to do so effectively and how to challenge lack of appropriate action. The overall aim is to assist communities to protect their local environments while helping Devon move towards its zero carbon target. Read more here.

ELF Community Event – Regional Airport Expansion and how communities can respond – 28th November 2019 at 39 Essex, London. ELF will be partnering with 39 Essex, barristers chambers to deliver this public community event looking at assisting those communities facing regional airport expansion.

With national policy in the form of the Airport’s National Policy Statement driving the expansion of our regional airports, how do effected communities respond?

With emissions from tourist air travel set to increase exponentially, what can we do to limit these impacts? Read more here.

 

 

News from the Environmental Law Foundation

A recent message from the Environmental Law Foundation Ltd  focussed on:

• National Planning Policy Framework Review
• Third defeat for government on air quality
• Environmental Crime in Europe

It included information about ELF’s assistance to a residents’ association in Farringdon which represents vulnerable social housing tenants. ELF helped the association to make their case at a Public Inquiry into the proposed building of a 180 room Whitbread run hotel and commercial area by Endurance Land.

The Catherine Griffiths and Clerkenwell Community Tenants’ and Residents’ Association (chair and members below) claimed developers are “land grabbing” Clerkenwell, and the site should be used for “useful” shops and affordable housing.

They felt that the proposals would have significant effects on an already stressed community where development was forcing the indigenous community out. There were serious concerns over the proposed loading area on traffic flows, significant light impacts of building a high rise building and the serious impacts on local historical assets, including the Finsbury Health Centre a Grade 1 Listed Building.

ELF member barrister Jonathan Metzer and Charlotte Gilmartin at 1 Crown Office Row, appeared on behalf of the group who had Rule 6 (main party) status. They led evidence from two expert witnesses and two lay witnesses. They acted pro bono through the Environmental Law Foundation, on the instruction of Emma Montlake. The inquiry lasted 7 days.

 

 

 

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