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The new planning rules on ammonia emissions that are at the centre of a High Court legal challenge have been seen by the Irish Farmers Journal.
The new guidance was produced by Shared Environmental Services (SES), the body that advises local councils on planning issues.
In July 2019, it replaced previous guidance from the NI Environment Agency for planning applications that are within 7.5km of internationally designated environmental sites.
The new guidance 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.
SES are shrouded in secrecy
Previous guidance from NIEA, which is publicly available, did not set any threshold as low as 0.1%.
The Ulster Farmers’ Union (UFU) has begun a legal challenge by seeking a judicial review in the High Court against SES.
“SES are shrouded in secrecy and this lack of transparency and clear chain of accountability is not instilling confidence in the farming community,” said UFU president Ivor Ferguson.
The UFU argues that the new planning rules were brought in without warning and consultation with industry.
“The vast majority of farmers across NI will be unable to build and develop their business if the new rules remain in place,” Ferguson maintained.
Ballymena-based SES was set up in 2015 to assess the impact of planning applications on internationally designated sites
The primary applicant for the upcoming legal challenge is the UFU but it also has “the backing of a number of industry partners”.
The details of the UFU’s supporters are currently not available, and an initial date in the High Court for applying for a judicial review has not yet been set.
Ballymena-based SES was set up in 2015 to assess the impact of planning applications on internationally designated sites, such as Special Areas of Conservation, Special Protection Areas and Ramsar sites.
The 7.5km radius to international sites outlined in SES guidance relates to not just where the proposed project will be located on a farm, but also where waste from the new development will be spread.
The NIEA guidance also states that most designated sites in NI have already exceeded their critical ammonia load
Planning guidance for other environmental sites, such as priority habitats, is not under the remit of SES and remains subject to NIEA guidance.
There are some similarities between the new SES rules and the original NIEA guidance. For example, following a basic air quality assessment, if the proposed farm project exceeds 1% of a designated site’s critical ammonia load, detailed air quality monitoring is required at the applicant’s expense.
The NIEA guidance also states that most designated sites in NI have already exceeded their critical ammonia load.
Although not setting a critical load threshold at 0.1% in the same way SES has, the NIEA guidance does indicate that most proposed projects which will add to ammonia loads are unlikely to be successful.
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