The UK's environment watchdog has launched its first case in Northern Ireland over a Stormont Department's guidance to planners on ammonia emissions.
NI's Department for Agriculture, Environment and Rural Affairs oversees the 'Operational Protocol' provided to planning authorities and applicants seeking planning permission for livestock developments like pig and chicken houses, cattle sheds and central anaerobic digesters.
Ammonia, which is harmful to biodiversity, the environment and people's health, largely comes from livestock manure and levels have risen an "unsustainable" 19% from 2009 to 2019 according to OEP CEO Natalie Prosser.
Read more: NI environment bosses failing own targets at 40% of 'protected' sites
Northern Ireland is responsible for 12% of UK ammonia emissions, despite only having 3% of UK population and 6% of the land area. DAERA say 97% of NI ammonia emissions come from agriculture.
Cattle are responsible for around 62% of these emission, the poultry sector 14%, pigs produce 8.7 % of NI agri-emissions with 8.3% coming from fertiliser and sheep are responsible for 0.8% with the spreading of digestate to land accounting for 4.1%.
Ammonia emissions are estimated to have caused "45% of the plant species extinctions occurring in the UK, between 1987 and 1999" in grasslands, heathlands, bogs and dune systems.
Planning authorities are responsible for carrying out assessments under the Habitats Regulations to ensure planning decisions take into account the environmental impacts of ammonia-emitting developments.
DAERA itself says "excessive nitrogen deposition can lead to significant biodiversity loss through loss of plant species and changes in ecosystem structure and function" and their own NI Environmental Statistics Report show they are failing their own targets on 40% of protected habitats.
NI's Going for Growth strategy, which included 100 recommendations aimed at accelerating the growth of farming, fishing and food and drink processing to 2020 and beyond, has led to a marked increase in ammonia.
And OEP is investigating whether DAERA has failed to comply with environmental law in its ammonia guidance - also known as the Standing Advice on Livestock Installations and Ammonia (Issue 02, June 2017).
Ms Prosser said: "Unsatisfactory ammonia pollution is an important, longstanding, systemic issue and one of the most pressing environmental concerns at this time in Northern Ireland. From an already unsustainable level the 19% increase in ammonia emissions from agriculture between 2009 and 2019 is a stark illustration of this.
"This is a complex area and there is already a great deal of work underway to try and tackle the problem of ammonia emissions. Our investigation will contribute to that work by providing clarity on environmental impacts when planning decisions are being made.
"We do not know at this point what our findings will be. It is possible that it could result in enforcement activity or in broader actions to address any issues found. Our priority throughout will be to protect and improve the environment."
The investigation follows complaints submitted by a member of the public in Northern Ireland.
If it finds a failure to comply with environmental law the OEP says it will aim to resolve any non-compliance through co-operation, dialogue and agreement with public departments and authorities.
But where a satisfactory outcome cannot be reached through these means, the OEP can use its stricter enforcement powers including, if necessary, through court proceedings.
The OEP is a new independent body that protects and improves the environment by holding Government and other public authorities to account. Its powers and duties were extended to cover Northern Ireland last February. It is able to carry out an investigation into a government department under its enforcement function. This is the organisation’s first investigation in Northern Ireland.
A DAERA spokesperson said it "notes the announcement by the OEP that it intends to carry out an investigation into the advice given by the Department of Agriculture, Environment and Rural Affairs (DAERA) on ammonia emissions in Northern Ireland".
"DAERA will, of course, engage positively with the OEP during the course of the investigation and looks forward to considering any recommendations which may result."
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