Salmon farm will go ahead following judicial review
Despite being approved by councillors in 2023 construction had not started due to the legal challenge
A major onshore salmon farm at New Clee, Grimsby, will go ahead, despite a legal challenge by an animal rights group.
Animal Equality UK challenged North East Lincolnshire Council’s planning approval of AquaCultured Seafood Limited’s plans for a seafood farm. The permission was challenged on the grounds of animal welfare concerns. The lack of a prior environmental impact assessment (EIA) was also highlighted by the group in its attempts to overturn the permission granted.
Councillors voted 7-4 in favour of planning approval for it back in November 2023. Construction had not started due to the legal challenge, which resulted in a judicial review and a hearing at Leeds Combined Court Centre in February. The judgement has now been published.
AquaCultured Seafood Limited has expressed its delight that the outcome has given its plans the green light. Animal Equality UK has said it will “fight until the bitter end” against the farm, but also welcomed the judicial review’s verdict that acknowledged animal welfare can be a material consideration in planning matters.
The onshore salmon farm will span a 40,000 sq m site and process 5,000 tonnes a year. Its development will involve the creation of over 300 local jobs. These include approximately 100 permanent, long-term jobs.
“The fishing industry has long been a source of employment for North East Lincolnshire residents, providing not only income, but a sense of pride and community, and we intend to ensure that it continues,” said AquaCultured’s director, Mike Berthet. “Grimsby is a leader in the UK and European seafood industry and is helping to meet the growing demand for food security. Grimsby will now be at the very forefront of the UK’s land-based aquaculture industry.”
AquaCultured has stated as part of the approved plans, it has pledged its commitment to advancing responsible seafood practices, and striving to ensure the environmental, social and economic performance of the sector. This would increase the availability of healthy, nutritious and responsibly raised seafood in line with animal health and welfare standards, it has stated.
A £120m price tag has previously been associated with the fish farm’s development, including £75-80m for the actual construction of it.
‘This has big implications’
Deputy High Court Judge Karen Ridge upheld the council’s decision to allow the salmon farm, after hearing the concerned parties’ cases in February. But the issued judgment noted all involved accepted animal welfare concerns could be a key, or material, planning consideration.
North East Lincolnshire Council said it welcomed the judgement as a vindication of the accuracy of the work of its officers and advice given as the application progressed. Council leader Cllr Philip Jackson went further, expressing support for the scheme.
“I now look forward to seeing this development progress. As leader of this council with an ambition to build a stronger economy for the future, this scheme offers great opportunity in terms of the growth of innovative methods of sustainable salmon farming, along with the overall economic investment and employment opportunities it will create. This multi-million-pound development also further cements North East Lincolnshire and Grimsby’s position as leading the way in food and fish production and processing.”
Barrister Alex Shattock of Landmark Chambers and Edie Bowles of Advocates for Animals represented Animal Equality UK in court. Mr Shattock said it was the first reported case that considered the significance of animal welfare concerns to planning decisions. “Importantly, the court, the council and the developer all accepted that animal welfare concerns are capable of being material considerations, and so planning committees are not required to disregard those concerns. This has big implications: it means that planning decision makers who refuse to consider animal welfare issues are at serious risk of judicial review.”
Animal Equality UK’s executive director, Abigail Penny, said it had for two years put the brakes on the fish farm’s development and “we have absolutely no intention of backing down now.” Calling the significant scheme a megafarm, she said it “represents an entirely new form of factory farming” and asserted similar initiatives had failed elsewhere.
“This is nothing but a corporate land grab and we won’t stand for it. We will fight until the bitter end.” Ms Penny argued the judgement’s confirmation animal welfare concerns can be taken into account during planning decisions “should set alarm bells ringing” for UK planning authorities.
“It’s a clear message that dismissing animal welfare impacts is not only ethically questionable when considering proposals of this kind, but could also expose councils to significant legal risks. We’ve established a crucial legal victory in this case that could create a seismic shift in how future planning decisions are made.”