NI environment: Daera announces changes to ammonia advice in planning decisions

Northern Ireland has a significant problem with ammonia, the bulk of which comes from agriculture

Ammonia guidance relied on by councils in planning decisions will no longer be used, the Department of Agriculture, Environment and Rural Affairs (Daera) has announced.

Instead, the Northern Ireland Environment Agency (NIEA) will provide authorities with case and site-specific advice "with immediate effect".

Planning authorities and stakeholders have been informed.

The decision has been welcomed by the Office for Environmental Protection.

Daera has said that the "extremely difficult" decision had been taken by officials "after careful consideration and in response to a potential legal challenge" by the Office for Environmental Protection, the UK's environment watchdog.

Earlier this year the OEP announced its first investigation in Northern Ireland, looking into whether the Department had breached environmental law in its ammonia guidance, known as the Operational Protocol.

Adverse effect

The NIEA uses the protocol to provide advice - particularly in cases where a development proposal is likely to have an adverse effect on an area of special scientific interest (ASSI) or a European site.

Evidence shows that 100% of special areas of conservation, 100% of special protection areas and 99.7% of ASSIs in Northern Ireland have ammonia concentrations at levels where significant harmful effects will occur.

In a statement, the department said that moving to a case-by-case assessment was a "departure from the direction set by the previous Daera minister".

Welcoming the announcement, Helen Venn, the OEP chief regulatory officer, said her investigation had uncovered information which "caused concern" about how compliant the protocol was 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," she said.

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

Next steps

The OEP will now consider this latest decision and its impact on the investigation.

Ms Venn said the UK's environmental watchdog would "maintain an active interest" while deciding its next steps.

A new ammonia strategy and updated advice have been consulted on by Daera.

The department said officials were "working hard" to finalise a new draft strategy, ready for consideration by ministers in the new year.