A GROUP fighting to save the River Wye from pollution has suffered a setback after losing a legal case at the High Court.

After fighting to prevent the deterioration of the Wye, Fish Legal has lost one of its cases relating to the increasing numbers of poultry farms in the Wye SAC (Special Area of Conservation) catchment.

The group is fighting to highlight its campaign against phosphate pollution and the decline of the river as an aquatic habitat and fishery – despite its protected status.

Earlier this year, Powys Council granted planning permission for two intensive poultry units - up to 90,000 birds at Wern Haelog near Builth Wells - next to the Wye.

The proposal included a plan to export the manure and dirty water to an anaerobic digestor nearby.

However, as the Brecon Beacons National Park Authority, Herefordshire County Council, and the Campaign for the Protection of Rural Wales (‘CPRW’) stated, the digestate would still contain very high levels of phosphates that would be spread on land within the catchment of the SAC (special area of conservation).

However, the council granted planning permission.

Fish Legal argued in the High Court in Cardiff that Powys council had not considered the spreading of digestate within the Wye catchment – but was refused permission to proceed with a judicial review.

Fish Legal then appealed to the Court of Appeal.

Despite refusing Fish Legal’s appeal, Lord Justice Lewison acknowledged that Powys council’s position that the spreading of digestate was not material was “arguably” an “error of law”.

Nevertheless, he went on to say that the council had conducted a full assessment of impact.

Justin Neal, Fish Legal solicitor said: “This is obviously disappointing – not least for the river Wye.

"The difficulty we have is that although there is more than one way to describe the same assessment provided by the council, we can’t see where the spreading of digestate was considered.

"For the time being, the Wye has become little more than a receptacle for pollution with no one really stepping in to turn things around.”

Fish Legal describe themselves as "a not-for-profit organisation of dedicated lawyers who use the law on behalf of anglers to fight polluters and others who damage and threaten the water environment".