WildFish considers fighting on as legal challenge to the approval of sewage conditions is dismissed by High Court

WildFish is considering whether it will appeal a decision by the High Court to dismiss its claim against Buckinghamshire Council for approving planning conditions for a large development in Maids Moreton.

Across England and Wales, there is a rush to put in housing without considering the impacts on our sewage system, which is at full capacity, and the inevitable increased demand for water. This is particularly worrying given the government’s push for growth and the reining back of environmental protections under the Planning and Infrastructure Bill. 

We launched a judicial review challenge to Buckinghamshire Council in May 2025. We believe it was wrong for the council to water down planning conditions for a massive housing estate and swap them into another planning permission when it was plainly out of time and didn’t deal with the failing sewage system. The council treated it like a fait accompli: the local sewage company (Anglian Water) was bound to allow the developer to link its pipes to Anglian sewers, however badly the sewage works were performing. 

But we say that matters. More houses connected to a failing sewage works create more sewage pollution. In this instance, it will lead to further damage to the Great Ouse, a river which flows to the southeast of the development site.

The Great Ouse is currently failing environmental standards with a Water Framework Directive (WFD) status of “poor”. One of the longest rivers in England, the Ouse flows through counties such as Norfolk, Cambridgeshire, and Northamptonshire, and its catchment holds several areas of environmental significance including Special Areas of Conservation and Sites of Special Scientific Interest.

Following three days in court last month, the judge has now decided to dismiss our judicial review challenge. We think the judge got it wrong. So, we are now looking at appealing the decision to the Court of Appeal.

This case may be highly technical – but ultimately it comes down to our argument in the wider debate about whether houses should be built when the council has failed to take into account the capacity to deal with sewage or secure sustainable water supply. A development that is built without first confirming that there is capacity is always going to be a bad idea for environment. 

There is so much at stake here: we believe that as matters stand, there are inadequate safeguards to prevent the pollution of the River Great Ouse.

Justin Neal

Solicitor at WildFish

Follow the link below to find out more about our work calling on government to ensure that new developments only proceed when the water industry can provide a sustainable water supply and adequate sewage infrastructure without harming the environment.