Daera did not comply with law, says environment watchdog
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After the OEP issued a pre-action letter in November 2023, the Operational Protocol was withdrawn and Daera introduced an Interim Framework.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'
'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) 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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
4 days ago
- Yahoo
Residents say factory smell like 'rotten eggs'
People living near a milk powder factory have said more needs to be done to tackle a "pungent odour like rotten eggs" which is coming from the site. Residents of Artigarvan, County Tyrone, said they had been concerned about the smells coming from the Lakeland Dairies plant in the village for around five years. Some people are now planning to move away because of the stench, which has been described as "worse than slurry". The factory owners said they were "reviewing a small number of complaints" connected to a smell "noticed on occasion around our site". The Northern Ireland Environment Agency (NIEA), which investigates environmental safety breaches, said it had received 58 complaints about the smell, noise and dust coming from the factory in the last 12 months. The agency has issued three enforcement notices to the company over the same time period. Speaking to BBC Radio Foyle's North West Today programme, Ruth Campbell from the Artigarvan Environment Group said concerns had been raised directly with the company a number of times. "For the past five years we have had a thick pungent odour like rotten eggs sweeping through the air in Artigarvan," she said. "We feel like we are hitting a brick wall every time we raise the smell officially. "No one is helping us." Ms Campbell said some people were even taping their windows shut to keep the smell out and that some parents were not letting their children play outside. She said some children even get "teased about living in smelly Artigarvan". Residents believe the smell is coming from the factory's effluent plant. Charlene Austin said the smell was "worse than slurry". "It's like rotten boiled eggs," she said. "It hits the pit of your stomach. We can't even open our windows or dry our clothes properly. "We have been shouting about this a lot and are fed up to the back teeth. "Something needs fixed now." Artigarvan resident Emma Kelly said trying to get the problem addressed had been "very frustrating". "We feel ignored in so many ways. We've kept a close eye during high milking season and low milking season and the same pungent odour is present. "People are already selling their houses and they are going to struggle selling up. I know if I came into the area I'd turn the car," she said. In a statement, Lakeland Dairies said the facility was "among the most modern in the UK, Ireland and worldwide". The company said it had invested "significantly" in the Artigarvan plant, including the waste water treatment facility. "The company works tirelessly to ensure the plant continues to meet all its legislative requirements and endeavours to meet the expectations of residents," a spokesperson said. "We are monitoring and reviewing a small number of complaints regarding a natural and safe odour that was noticed on occasion around our site in Artigarvan." Lakeland Dairies said it engaged regularly with local people and would continue to do so. "This excellent relationship is not something we take for granted and we will continue to work closely with the residents and their representatives on issues of mutual interest," the company said. The NIEA said of the three enforcement notices one related directly to the odour, one was in connection to a breach of emission limits at the site's effluent treatment plant and the third was related to a surface water breach. "These notices have led to the company carrying out significant improvement works at the site, with more work currently ongoing". The agency said the work had included improvements to their effluent treatment plant, drainage on the site and containment of potential odour sources. It said additional work required at the factory would be completed by the end of next month.
Yahoo
4 days ago
- Yahoo
Residents say factory smell like 'rotten eggs'
People living near a milk powder factory have said more needs to be done to tackle a "pungent odour like rotten eggs" which is coming from the site. Residents of Artigarvan, County Tyrone, said they had been concerned about the smells coming from the Lakeland Dairies plant in the village for around five years. Some people are now planning to move away because of the stench, which has been described as "worse than slurry". The factory owners said they were "reviewing a small number of complaints" connected to a smell "noticed on occasion around our site". The Northern Ireland Environment Agency (NIEA), which investigates environmental safety breaches, said it had received 58 complaints about the smell, noise and dust coming from the factory in the last 12 months. The agency has issued three enforcement notices to the company over the same time period. Speaking to BBC Radio Foyle's North West Today programme, Ruth Campbell from the Artigarvan Environment Group said concerns had been raised directly with the company a number of times. "For the past five years we have had a thick pungent odour like rotten eggs sweeping through the air in Artigarvan," she said. "We feel like we are hitting a brick wall every time we raise the smell officially. "No one is helping us." Ms Campbell said some people were even taping their windows shut to keep the smell out and that some parents were not letting their children play outside. She said some children even get "teased about living in smelly Artigarvan". Residents believe the smell is coming from the factory's effluent plant. Charlene Austin said the smell was "worse than slurry". "It's like rotten boiled eggs," she said. "It hits the pit of your stomach. We can't even open our windows or dry our clothes properly. "We have been shouting about this a lot and are fed up to the back teeth. "Something needs fixed now." Artigarvan resident Emma Kelly said trying to get the problem addressed had been "very frustrating". "We feel ignored in so many ways. We've kept a close eye during high milking season and low milking season and the same pungent odour is present. "People are already selling their houses and they are going to struggle selling up. I know if I came into the area I'd turn the car," she said. In a statement, Lakeland Dairies said the facility was "among the most modern in the UK, Ireland and worldwide". The company said it had invested "significantly" in the Artigarvan plant, including the waste water treatment facility. "The company works tirelessly to ensure the plant continues to meet all its legislative requirements and endeavours to meet the expectations of residents," a spokesperson said. "We are monitoring and reviewing a small number of complaints regarding a natural and safe odour that was noticed on occasion around our site in Artigarvan." Lakeland Dairies said it engaged regularly with local people and would continue to do so. "This excellent relationship is not something we take for granted and we will continue to work closely with the residents and their representatives on issues of mutual interest," the company said. The NIEA said of the three enforcement notices one related directly to the odour, one was in connection to a breach of emission limits at the site's effluent treatment plant and the third was related to a surface water breach. "These notices have led to the company carrying out significant improvement works at the site, with more work currently ongoing". The agency said the work had included improvements to their effluent treatment plant, drainage on the site and containment of potential odour sources. It said additional work required at the factory would be completed by the end of next month.
Yahoo
7 days ago
- Yahoo
Daera 'possibly failed' to comply with law over wild birds
The Department of Agriculture, Environment and Rural Affairs (Daera) may have failed to comply with environmental law, according to a new report. It is in relation to special protection areas for at-risk wild birds, such as puffins, whooper swans and light-bellied Brent geese. An investigation from the Office for Environmental Protection (OEP) had been previously launched in March 2024, following potential failures to implement recommendations given by a conservation body. Daera said it welcomes the OEP's work and will be "considering the investigation findings", whilst recognising "that there is much more to do to protect our natural environment and the habitats that wild birds and other wildlife need to survive and thrive". The OEP has issued Daera with a notice, which they must respond to within two months. A full response will be delivered by the deadline of 5 August Helen Venn, the OEP chief regulatory officer has said that the government has a legal obligation to maintain populations of wild birds and ensure they have enough suitable habitat. Ms Venn said "our investigation has found what we believe to be possible failures to comply with environmental law by DAERA relating to the protection of wild birds". She noted the decline in wild birds across Northern Ireland, adding that recent studies have placed "a quarter of birds found on the island of Ireland on the Birds of Conservation Concern Red List". The investigation in March 2024 looked into failures to implement recommendations given by the Joint Nature Conservation Committee (JNCC) and other conservation public bodies on the classification and adaptation of Special Protection Areas (SPAs) A parallel investigation is looking at the same issues relating to England, and information notices have also been issued to the Department for Environment, Food and Rural Affairs (Defra) Secretary of State (SoS) and Natural England. The Office for Environmental Protection, external is a new environmental governance body, which holds the government and other public authorities in England and Northern Ireland to account on their environmental protection and improvement. It also covers reserved UK-wide matters. It advises the government and Northern Ireland Assembly on any changes to environmental law. It has statutory powers to investigate and enforces compliance with environmental law where needed. That enforcement can include legal action if unresolved through compliance with recommendations. Department investigated over bird protection areas Department investigated over ammonia guidance Bird flu causes 'dramatic decline' in NI seabirds
