UFU takes legal challenge against changes to planning rules

The Ulster Farmers’ Union has launched a legal challenge against Shared Environmental Services (SES) and their decision to change planning rules for assessing ammonia for farm applications without any warning or consultation. UFU president, Ivor Ferguson said the new guidance, which puts farmers in Northern Ireland at a competitive disadvantage, will ultimately impact on all farmers regardless of sector and size.

The comments were made after the UFU applied to take a judicial review on the matter of guidance issued by Shared Environmental Services this summer.

UFU president Ivor Ferguson said: “Farmers were outraged as the planning rules for assessing ammonia for farm applications were changed, again, without warning or consultation. The new policy is much stricter than the NIEA rules and the changes make it virtually impossible for farm businesses to meet the thresholds. If the farm business is sited within 7.5 km of certain designated sites, their application will more than likely be denied. The roll-out of this means that the vast majority of farmers across NI will be unable to build and develop their business if the new rules remain in place.”

The UFU is challenging the SES planning change on six grounds – illegality, procedural unfairness, failure to consult, irrationality, material considerations and lack of adequate reasons for why guidance was changed.

“We have serious concerns about SES’s decision to change its guidance and the process it followed. There was no discussion or consultation with industry and the guidance is obviously inconsistent with established DAERA/NIEA guidance. It was also prepared and issued without any notification or publicity, which begs the question – why? SES are shrouded in secrecy and this lack of transparency and clear chain of accountability is not instilling confidence in the farming community,” said Ferguson.

SES was established in 2015 to assist Councils in carrying out Habitats Regulations Assessments for planning applications.

Ferguson said: “We have flagged this issue up with local councils who all contract SES to carry out this environmental role. It is very concerning that local councillors appear to be unaware of the changes made to this assessment policy and the huge impact it will have on the rural economy.”

The UFU said while it’s the primary applicant for this judicial review, it has the secured the backing of a number of industry partners.

“This issue not only affects farmers but will ultimately have wide-reaching consequences for the whole agri-food industry if allowed to proceed. It will hinder development and put the future of Northern Ireland’s agriculture industry at risk. A judicial review is time consuming and costly, but we have taken this action before on points of principle. This situation is no different. We continue to fight on behalf of our members to challenge unfair and unjust decisions,” said the UFU president.

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