Agricultural Planning Applications on Hold in Northern Ireland

Published on : 16 Jun 2023

A lack of clarity has resulted in several planning applications sitting in limbo

The Northern Ireland Environment Agency (NIEA) has "temporarily paused" some planning applications on farms, based on concerns around ammonia levels.

The Department of Agriculture, Environment and Rural Affairs (DAERA) says that NIEA is "considering legal advice on the ongoing application of our Ammonia Planning Standing Advice".

The UK's environment watchdog, the Office for Environmental Protection (OEP), is investigating the Department of Agriculture, Environment and Rural Affairs (DAERA). It is the first investigation by the OEP in Northern Ireland. It will look at the guidance given to farmers and planners on ammonia emissions by the Department for Agriculture, Environment and Rural Affairs (DAERA), to see if it breaks environmental law. The OEP is a new environmental governance body, which holds the government and other public authorities in England and Northern Ireland to account on their environmental protection and improvement. It advises the government and Northern Ireland Assembly on any changes to environmental law.

It has statutory powers to investigate and enforces compliance with environmental law where needed. Planners processing applications for commercial farms rely on guidance from DAERA about the potential damage to the environment caused by emissions, which is called the Operational Protocol.

Almost all Northern Ireland's current ammonia emissions, 97%, come from agriculture. The investigation was prompted by several complaints from a member of the public about individual planning decisions that gave rise to the risk of ammonia pollution.

Unfair and Frustrating
Ulster Farmer Union (UFU) president David Brown said, “The UFU has been made aware that NIEA has contacted planners, informing them that they have paused all consultations on agriculture planning applications with ammonia considerations. Stagnating farm developments across NI impacts all sectors and farms of all sizes and will have wide reaching implications. Local food production will be hit, especially considering the efforts to tackle the shortage of eggs in Britain.

“NI farmers are already working to reduce ammonia and are eager to do more by developing their farm efficiently to produce sustainable high-quality food. Instead of encouraging this ambition and supporting our farmers to upgrade buildings, improve animal and bird welfare and environmental standards, NIEA has halted positive agriculture developments. To say our farmers are frustrated is an understatement and how they are being treated by NIEA is completely unfair. It calls NIEA’s capability into question when their decision to stall on-farm planning applications is due to their failure to agree on an appropriate planning policy to support the reduction of ammonia emissions.

Stagnation and Stalemate
“Our farmers have spent thousands on planning applications, backed up by essential evidence. They have done what is required and yet are no further forward. Many of these applications have been lingering in the system for years. NIEA must get to work urgently and progress with applications that are currently within the planning process. We are aware that DAERA are planning a ‘Call for Evidence’ which should provide the clarity going forward that we have been waiting on for years, but it’s not acceptable to halt consultations in the meantime. Especially when the ‘Call for Evidence’ cannot be progressed much further with no DAERA Minister in place, leaving on farm developments in stalemate for the foreseeable future.

“This is a pressing matter, and we will consider seeking legal advice on NIEA’s latest approach and will be contacting DAERA/NIEA on this issue.

NI High in Ammonia
Evidence shows 100% of special areas of conservation, 100% of special protection areas and 99.7% of areas of special scientific interest in Northern Ireland have ammonia concentrations at levels where significant harmful effects will occur.

"These relate predominantly to livestock installations and the effect that those livestock installations can have on the ammonia load in relation to those local habitats," Natalie Prosser, the OEP's chief executive has said.

After years of delay, a consultation on a draft ammonia strategy was launched at the start of January 2023. The draft ammonia strategy includes a target of 30% reduction in ammonia emissions from agriculture and reducing ammonia concentrations at all designated sites by 40% by 2030. However a Friends of The Earth spokesperson has declared “the impact of the proposals are extremely weak. Our response to the consultation showed that even at its most optimistic, the Department estimates the strategy would only reduce ammonia emissions by about 25%”.

Friends of The Earth Concerns
Ammonia (NH3) is an air pollutant largely emitted from agriculture which is known to have a damaging impact on biodiversity, including sensitive habitats, and ecosystem resilience, as well as human health.

Friends of the Earth charity claim that Northern Ireland's high levels of ammonia emissions are highly damaging to the environment, but the draft strategy to lower them will only reduce them by about 25% and only 2 Special Areas of Conservation (SAC) will have reductions to below damaging levels.

Levels are apparently 4 times higher than the rest of the UK per person, and 98% of Special Areas of Conservation (SACs) have levels above the amount that causes ecological damage, according to the charity.

NFU Say New Guidance Needed
David Brown said the UFU have been raising concerns about the planning process and how ammonia from farms is assessed for many years.

"We have been waiting for revised guidance from the Northern Ireland Environment Agency on this issue since late 2019 and wrote to minister Poots in early 2021, outlining our concerns and the need for new guidance to allow farmers to make informed decisions on their farm businesses," he said.

A lack of clarity with current protocol has resulted in several union members having planning applications "sitting in limbo" for several years, he said.

"We understand that a 'call for evidence' on a revised operational protocol is due soon and was unable to be launched earlier due to the purdah period in the run up to the council elections.

"We will engage with DAERA on this and will co-operate with the Office of Environmental Protection during their investigation if our input is required." David added.

Ammonia Levels Impacting UK Planning
In the UK, Natural England guidelines issued in May 2022 require any planning applications to be below 1% levels in combination with any other facilities within a 10 km radius. Ian Pick, an experienced agricultural and rural planning consultant says that in the UK, “99% of new planning applications for agricultural production stand no chance of getting through at the moment”, due to the stringent ammonia level restrictions now in place. “At the moment, with many planning applications, it is anyone’s guess what they will say. The Natural England guidelines are very ridged and ammonia levels are always higher with Free-Range as opposed to Barn rearing”.

“Any planning application within a 5km radius of a site of Special Scientific Interest has no hope”, he added. Ian Pick Associates are currently implementing Permitted Development Rights as a way to gain planning for extensions onto existing buildings, for some producers seeking to expand, which will facilitate up to 1,000m² construction.