Animal Equality UK v North East Lincolnshire Council

Case name: Animal Equality UK v North East Lincolnshire Council & ASL New Clee Limited [2025] EWHC 1331 (Admin)

Citation: [2025] EWHC 1331 (Admin)

URL: https://www.bailii.org/ew/cases/EWHC/Admin/2025/1331.html

Advocates for Animals acted for Animal Equality in this recent appeal concerning the relevance of animal welfare during planning permission decisions. Advocates for Animals instructed Alex Shattock of Landmark Chambers.

Background

This case concerns the judicial review brought by Animal Equality UK, an animal protection NGO, against the decision of North East Lincolnshire Council to grant planning permission for what would be the UK's first wholly onshore salmon farming facility. The farm, proposed by ASL New Clee Ltd, would involve intensive fish rearing in land-based tanks in Cleethorpes.

Animal Equality objected to the application, raising issues including environmental impact and fish welfare. The central question in the judicial review was whether the Council’s planning committee had been misled into believing it could not consider animal welfare concerns as part of its decision-making process.

Facts

The planning application for the salmon farm was submitted in June 2023.

Animal Equality submitted objections citing high water and energy use, effluent discharge, and fish welfare concerns, relying on expert evidence of suffering, disease, and risk of mass mortality due to power outages.

The Officer’s Report (OR) to the Council's planning committee stated that animal welfare and moral objections were 'not considered to be material land use planning considerations'.

The proposal was approved by a 7–4 vote on 29 November 2023. Animal Equality recorded the meeting, and the transcript showed similar oral advice being given: that fish welfare and moral concerns were not material.

Judicial review proceedings were initiated, alleging that the planning committee was misdirected and therefore the decision was unlawful.

Law

Under section 70(2) of the Town and Country Planning Act 1990, planning authorities must have regard to all 'material considerations'.

It is established law that material considerations can include issues that aren’t usually considered to be planning matters, such as in the case of R (Copeland) v Tower Hamlets [2010] EWHC 1845 (Admin), where the healthy eating implications of a fast food restaurant next to a school were deemed a material consideration.

A key legal principle is that where a material consideration is not mandatory, the planning authority has discretion over whether to take it into account, provided it acts rationally. However, the planning officers’ reports must not materially mislead the planning committee.

Judgment

The claim was dismissed.

The Court held that the Officer’s Report did not amount to a misdirection in law. The judge interpreted the OR’s statement that welfare concerns 'are not considered to be material' as expressing a planning judgment, not a categorical legal rule. It was further noted that even if there was ambiguity, planning committee members are expected to be trained and competent to interpret officer advice.

Commentary

This judgment underscores the discretionary nature of non-mandatory material considerations like animal welfare in planning law. It affirms that while animal welfare is legally capable of being a material consideration, planning authorities are not required to take it into account unless it is so obviously material that excluding it would be irrational.

The case reflects the broader tension in planning between land-use considerations and ethical objections.

Importantly, the judgment leaves open that, in future similar cases, councils can consider animal welfare if they choose to, and NGOs may wish to focus future efforts on influencing local policy and training to encourage such consideration.

Getting advice

This post is not legal advice and should not be relied on as such. If you require legal advice on animal protection laws, please contact info@advocates-for-animals.com.