Shared Environmental Services (SES) has withdrawn its controversial guidance on planning permission for agricultural buildings following a legal challenge by the Ulster Farmers’ Union (UFU).

SES advises local councils on planning issues and the UFU started legal proceedings against the body last November over its decision to tighten rules on ammonia emissions without prior consultation.

In July 2019, it replaced previous guidance from the NI Environment Agency (NIEA) for planning applications that are within 7.5km of internationally designated environmental sites.

Guidance

The SES guidance, seen by the Irish Farmers Journal, states that proposed farm projects that are over 0.1% of the “critical load” for ammonia emissions for the environmental site will be further reviewed to “assess potential adverse effect” on the site.

Previous guidance from NIEA, which is publicly available, did not set any threshold as low as 0.1%.

“We are pleased that SES have come to their senses and have agreed to withdraw the guidance. Farmers were outraged when the planning rules for assessing ammonia from farm applications were changed, again, without warning or discussion with industry,” UFU president Ivor Ferguson said on Monday.

The UFU received backing from a range of organisations in the NI agri food sector. Funding for the legal challenge was received through industry bodies, namely Dairy UK, NI Poultry Federation, NI Grain Trade Association, NI Meat Exporters Association and NI Pork and Bacon Forum.

Analysis

The settling of the case out of court and the decision by SES to withdraw its guidance on ammonia rules in planning applications is seen as victory for the UFU.

However, the issue of ammonia and planning rules in NI has not gone away.

An ammonia action plan from DAERA is expected shortly and the environmental lobby will be pressing for strict planning rules surrounding ammonia emissions.

This will likely lead to a public consultation on changing ammonia thresholds for planning applications.

Remember, the UFU’s legal challenge was not about the actual thresholds themselves, but the way in which they were changed without prior warning.

A long battle on ammonia faces the NI agri food sector.

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