Kenninghall chicken farm court ruling finds council acted lawfully
Copyright: Archant 2016
A legal bid to make a Breckland Council take action over a chicken farm has failed.
James Waters claimed Breckland Council failed to act on noise complaints and problems caused by lorries travelling down narrow roads to and from Crown Chicken’s Crown Milling at Green Farm in Kenninghall, near Diss.
Mr Water’s case went to London’s High Court where he accused the council of wrongly refusing to take enforcement action over activities at the premises and acting unlawfully in granting a certificate of lawfulness in respect of activities on the site.
He claimed Breckland Council granted the certificate without first considering whether the activities on the site were lawful.
He also asked the court to rule that the Council made an error in granting the certificate of lawfulness for activities to continue at the 44 buildings and other structures on the site.
But his claims were thrown out by Mrs Justice Lang after she said he failed to establish that the certificate of lawfulness granted by the council was unlawful.
She said: “In my view it is quite unrealistic to suggest that the planning officers and members of the planning committee were not aware of the issues concerning the use of the site when they were deciding whether or not to grant the certificate, even though they were not making a formal decision as to the lawfulness of the use.”
A spokesperson for Breckland Council said: “We welcome the High Court’s ruling on this case, which has found that Breckland Council has acted lawfully and exercised its powers legitimately.”
Mr Waters said he is currently looking into whether he can appeal the decision.