Warwick District Council have failed in their challenge to a government inspectors approval of an extension to an abattoir on green-belt land in Beausale.
Burton J dismissed the appeal against the decision to extend Bannerhill Farm Abattoir, Rouncil Lane, Beausale, which is owned by Mr and Mrs Wood of Weights Lane, Redditch and who trade as Farmers Fresh.
In April 2000, Farmers Fresh took over the abattoir, which was formerly used as a local cattle, pig and sheep slaughterhouse. The disputed extension was to provide lairage facilities – this being the part of an abattoir in which animals are held, inspected and rested prior to slaughter. This was to extend the capacity of the abattoir from 700 to 1300 sheep.
After a planning application covering various proposed extensions was withdrawn, the lairage was erected without the councils approval, and the council issued an enforcement notice requiring its removal.
The Woods appealed to the Secretary of State for the Environment, Transport and the Regions. One of his inspectors quashed the enforcement notice and granted planning permission for the extension, finding that the impact on the green belt of a small extension to the “sizeable” abattoir was “slight”, and considered that, without the added lairage, animal welfare would be compromised with possible health implications. He concluded that the provision of lairage would facilitate the efficient operation of the abattoir at the existing level.
Rejecting claims that the inspector had been irrational in making his decision, the judge ruled that “There was material put before the inspector from which he could reach the conclusion he did”.
Warwick District Council v Secretary of State for the Environment, Transport and The Regions Queen’s Bench division (Burnton J) 2 October 2001.
PLS News 3/10/01
