The Office for Environmental Protection Confirms DAERA Failed to Comply with Environmental Law over Ammonia Advice
The Department of Agriculture, Environment and Rural Affairs (DAERA) failed to comply with environmental law in relation to its previous ammonia emissions advice the Office for Environmental Protection (OEP) confirmed today [OCTOBER 7] as it closes its investigation.
The OEP launched its investigation into DAERA’s ammonia advice, commonly known as the ‘Operational Protocol,’ in May 2023.
This advice was important because the Northern Ireland Environment Agency (NIEA) gave it to local planning authorities and applicants seeking planning permission for certain livestock developments. The planning authorities were then responsible for carrying out assessments based on this advice to ensure planning decisions take into account the environmental impacts of ammonia-emitting developments.
The main source of ammonia in Northern Ireland comes from livestock manure and is deposited as nitrogen. This colourless gas can negatively impact the biodiversity of the environment and people’s health if allowed to exceed certain limits.
The OEP investigation report published today [OCTOBER 7] finds that:
- DAERA failed to comply with environmental law in relation to its previous ammonia advice (Operational Protocol).
- The guidance that has replaced the Operational Protocol, known as the ‘Interim Framework’, does not amount to a failure of environmental law.
In May 2023 NIEA temporarily paused its use of the Operational Protocol. However, DAERA subsequently lifted this pause in September 2023.
Following an OEP judicial review pre-action letter to DAERA and NIEA in November 2023 the department announced in December 2023 that the Operational Protocol would no longer be used by NIEA. Instead NIEA was to provide local authorities with case and site-specific guidance using the new Interim Framework, that is currently still in place.
Ms Prosser added: “We welcomed that DAERA instructed NIEA to stop using the Operational Protocol in December 2023 after receiving a judicial review pre-action letter from us and we are pleased that this outcome was achieved without the need to issue court proceedings.
“Court proceedings are a long, protracted and often costly process, however when no other resolution can be found we won’t hesitate to use this enforcement power. Protecting and doing what is best for the environment is our priority.
“Our investigation concludes that DAERA had failed to comply with environmental law. However, with the decision to withdraw the original advice and introduce the Interim Framework, that we have taken time to analyse in detail, that failure is no longer on-going, which is why we are now closing our investigation.”
DAERA is expected to publish a new operational protocol alongside its Ammonia Strategy later this year. The OEP’s investigation report also makes recommendations to be considered by DAERA in its development of its future operational protocol.
The CEO added: “We hope our recommendations for a new operational protocol prove helpful. We also look forward to further clarity and certainty being brought to this issue with the publishing of DAERA’s Ammonia Strategy, which we have already provided our views on.
“This new strategy and advice are important, so everyone can benefit from a legally compliant system and plan with confidence.
“We recognise that the conclusion of our investigation isn’t the end of this matter. There is already a great deal of work underway to try and tackle the problem of ammonia pollution and we hope our investigation will contribute to this ongoing work. We also have a forthcoming report on the drivers and pressures of biodiversity loss in Northern Ireland to be published next week, as well as our ongoing programme of work on the impact of nutrients, that will also feed the ammonia issue into the bigger picture of nutrient pollution.”
This OEP investigation followed complaints submitted by a member of the public in Northern Ireland. The OEP can use its enforcement powers to investigate complaints from the public and organisations to hold government and public authorities to account.
Ms Prosser added: “We all have a part to play in improving and protecting our environment. I would like to thank the member of the public who came forward with these complaints that acted as a catalyst for our investigation. Their action played an important part in DAERA rectifying this failure to comply with environmental law, that has ultimately helped to protect the environment.”
