UFU anger at DAERA's decision to drop ‘Ammonia Standing Advice’

UFU president David Brown said: "After various pauses to on-farm planning applications, DAERA has now issued a change in policy on the mouth of Christmas, in what appears to be an attempt to slip it in under the radar. It's infuriating, especially when this sudden decision has been taken without any consultation or warning.

“How are farmers supposed to invest or make plans to sustainably develop their farm business when they have no idea if and when things could change again? This is the third change in the last seven months in addition to a 'call for evidence' on a revised policy. It makes DAERA and NIEA look totally incompetent on this issue.”

He added: "Since 2019 we have been calling for clarity around ammonia and planning and are still no further forward. It is an absolute joke at this point and clearly shows the need for the NI Executive to return and make decisions for the NI Assembly, holding DAERA and NIEA to account."

According to the Union president, the decision to move away from the Ammonia Standing Advice is due to a legal challenge by the Office of Environmental Protection.

NIEA will now provide planning authorities with case and site-specific advice, on a case-by-case basis. This will be implemented with immediate effect until a new ammonia strategy and updated standing advice have been agreed and are in place.

David Brown again: "It needs to be recognised that farm development is extremely expensive and is a huge financial commitment.

“For many farm families in Northern Ireland, the cost of planning is simply unaffordable and now this sudden policy change has the potential to create more hindrance for farmers by pausing much needed advances on-farm again, stopping some that are currently in the system or putting farmers off the idea completely.

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“Our members are frustrated and angry about the constantly moving goalposts.”

The decision to no longer rely on published Ammonia Standing Advice has been taken by a senior officer within DAERA under the Northern Ireland (Executive Formation) Act 2022.

This was after careful consideration and in response to a potential legal challenge by the Office for Environmental Protection (OEP)and has been approved by the Permanent Secretary.

The NIEA provides advice to planning authorities on applications for planning permission, particularly in cases where a development proposal is likely to have an adverse effect on a Northern Ireland priority habitat or priority species or is likely to have an effect on an Area of Special Scientific Interest or a European site.

Commenting on these development, Helen Venn, the Chief Regulatory Officer with the OEP, said: "We welcome DAERA's confirmation that NIEA will no longer rely on its published Ammonia Standing Advice, commonly referred to as the Operational Protocol.

"During the course of our investigation into the 'Operational Protocol', information came to light which caused concern about its compliance with environmental law .

"Following NIEA's decision to remove a pause on its use in September, the OEP sent a Judicial Review Pre-Action letter to DAERA and the NIEA requesting that they immediately cease relying on the Operational Protocol to provide advice to planning authorities.

"It is important that DAERA and NIEA comply with environmental laws, which are in place to protect Northern Ireland's environment from harm.”

She concluded: "We will now take time to consider DAERA's and NIEA's latest decision and what this means for our investigation. We will maintain an active interest in this important matter while we decide our next steps.

"Our priority is always to seek the best possible outcome for the environment."

Ulster Unionist spokesperson on Agriculture, Environment & Rural Affairs Tom Elliott, has said that as the planned Ammonia Strategy has not been published the Permanent Secretary of DAERA should not proceed with the decision that NIEA will no longer reply on the Standing Advice to planning applications for agricultural developments.

Mr Elliott said: “This decision, which has come without warning should be delayed until the findings of the Ammonia Strategy consultation are discussed and a planned way forward is negotiated, instead of this reactionary decision.

“This decision will effectively block most Agricultural developments across all the livestock farming sectors.

“The fact that this announcement has been made just before the Christmas holidays is also a matter of concern and this is a decision that should be left for the Executive to take.

“The eight-week consultation on the draft Ammonia Strategy closed on 3rd March 2023, and responses are currently being considered. Responses will be used to inform a reworked draft Ammonia Strategy for an incoming Minister and new Executive to consider.

“This current DAERA decision poses a serious threat to the agri-food sector, which the Fermanagh and South Tyrone area is very reliant on. The changes are sort sighted and will have a profound impact on the local agricultural economy.”