The Northern Ireland Environment Agency (NIEA) has dropped the guidance it uses to assess ammonia emissions from livestock sheds, following a legal threat by an environmental watchdog.

The guidance, known as the operational protocol, was used by NIEA to assess the potential impact of ammonia emissions from agricultural buildings that are in the planning system with local councils.

Back in June 2023, NIEA, which is part of DAERA, announced the operational protocol was under review and planning approval for all farm sheds was being paused.

Four months later, in September 2023, the pause was lifted and NIEA re-commenced giving advice to local planning authorities about agricultural buildings. However, on Tuesday NIEA announced that it “will no longer rely” on the operational protocol, and advice on proposed farm buildings will be given to local council on “a case-by-case basis”.

The move is expected to make it even more difficult for new farm sheds to get through the planning system.

It is also a significant decision made by civil servants in the absence of a minister, as it is a clear departure from the policy that was put in place by former DAERA Minister Edwin Poots.

Threat

The decision to drop the operational protocol stems from a legal threat by the Office of Environmental Protection (OEP), a green watchdog that started an investigation into the NIEA’s ammonia advice in May 2023 following a complaint from a member of the public.

“During the course of our investigation into the operational protocol, information came to light which caused concern about its compliance with environmental law,” said Helen Venn from the OEP.

She confirmed that the OEP started legal proceedings when NIEA lifted the pause on the use of the operational protocol in September 2023.

“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,” Venn said.

A new operational protocol for assessing ammonia emissions from farm buildings is currently being developed by DAERA officials.

A public consultation on the matter closed for responses in October 2023, although the roll-out of a new operational protocol will require ministers to be in place at Stormont.