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Daera did not comply with law, says environment watchdog

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Ammonia can negatively affect climate, health, biodiversity, external and water quality

An investigation by the Office for Environmental Protection (OEP) has found the Department of Agriculture, Environment and Rural Affairs (Daera) did not comply with environmental law in previous ammonia emissions advice to planners.

But it has closed its investigation, as a new Operational Protocol is expected this year and the guidance currently in place does not amount to a failure to comply with the law.

The Operational Protocol was used by the Northern Ireland Environment Agency to give advice to planning authorities when assessing livestock development applications that could have an impact on environmentally important sites.

Its use was temporarily paused and reinstated in September 2023.

New ammonia strategy

After the OEP issued a pre-action letter in November 2023, the Operational Protocol was withdrawn and Daera introduced an Interim Framework.

A new ammonia strategy is expected to be published later this year with a new Protocol.

Chief Executive of the OEP Natalie Prosser thanked the member of the public whose complaint prompted the investigation, saying their action played “an important part” in ultimately protecting the environment.

She added that the investigation report makes recommendations to be considered in developing the future Operational Protocol.

Investigation 'not end of the matter'

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“We hope our recommendations for a new operational protocol prove helpful", the OEP CEO said.

“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", she added.

"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.”

Agriculture and ammonia

This was the first of three investigations by the Office for Environmental Protection (OEP) relating to the department in Northern Ireland.

Ammonia can negatively affect climate, health, biodiversity, external and water quality.

Almost all Northern Ireland's current ammonia emissions - 97% - come from agriculture, which also plays a significant role in the local economy.