An investigation has been launched into advice given by Northern Ireland’s Department of Agriculture, Environment and Rural Affairs (DAERA) regarding ammonia emissions.
The Office for Environmental Protection (OEP), which is sponsored by the UK Department for Environment, Food and Rural Affairs (Defra), announced the start of the investigation today (Tuesday, May 22).
The investigation aims to determine whether DAERA was in breach of environmental law through its ‘Standing Advice on Livestock Installations and Ammonia‘ publication, often referred to as ‘Operation Protocol’.
The advice, given to local planning authorities and applicants seeking planning permission for certain livestock developments, was the subject of complaints submitted by a member of the public of Northern Ireland.
The OEP, an independent body that aims to protect and improve the environment, had its powers and duties extended to cover Northern Ireland in February of last year.
This is the organisation’s first investigation in Northern Ireland. If the investigation finds the department failed to comply with environmental law, the OEP said it will aim to resolve non-compliance through “co-operation, dialogue and agreement with public departments and authorities”.
However, it said where a satisfactory outcome cannot be reached through these means, the OEP can use stricter enforcement powers including, if necessary, court proceedings.
A DAERA spokesperson said the department was aware of the OEP’s intention to carry out an investigation.
“DAERA will, of course, engage positively with the OEP during the course of the investigation and looks forward to considering any recommendations which may result,” the spokesperson added.
Ammonia emissions
DAERA’s ammonia advice goes into the decision-making of planning authorities, who are responsible for carrying out assessments under the Habitats Regulations, the OEP said.
This is to ensure that planning decisions will take into account the environmental impacts of ammonia-emitting developments.
These assessments, the OEP said, are important for ensuring that environmental considerations are properly addressed in planning decision making.
Chief executive of the OEP, Natalie Prosser, said: “Unsatisfactory ammonia pollution is an important, longstanding, systemic issue and one of the most pressing environmental concerns at this time in Northern Ireland.
“From an already unsustainable level the 19% increase in ammonia emissions from agriculture between 2009 and 2019 is a stark illustration of this. ”
Prosser said it is a “complex area” and there is already a great deal of work underway to try and “tackle the problem of ammonia emissions”.
“Our investigation will contribute to that work by providing clarity on environmental impacts when planning decisions are being made.
“We do not know at this point what our findings will be. It is possible that it could result in enforcement activity or in broader actions to address any issues found.
“Our priority throughout will be to protect and improve the environment.”