Warning over new NVZs
Farmers and land managers in the region are being warned that new Nitrate Vulnerable Zones (NVZs) are being designated across England, effective from January 1, 2017, following consultation last year.
The EA has re-analysed catchments across the country to pinpoint areas of high nitrates and is adjusting catchment boundaries to include new areas that need protection against diffuse pollution.
Some farmers have already received notices from the EA that their land is being designated an NVZ and Mark Morison at Berrys is urging them to seek advice now on the possibility of appealing.
"The first batch of notices was sent out from the EA to farms on January 1 and a further batch will be sent out on January 23," said Mark.
"Farmers and land managers have 28 days from the date on the designation notice to appeal," he advised.
"This is an extremely narrow window to take action so we are urging farmers to act without delay."
Farmers can use the 'what's in your backyard' tool on the EA website to view the boundary adjustments. Some areas are being taken out of NVZs.
Mark said that there are two grounds for appeal:
1. The land in question does not drain to a catchment that is polluted – this can be shown by, for example, contour mapping and proving that land drains don't feed to the catchment
2. The catchment shouldn't be classed as polluted – this would require proof of that fact.
The appeal process:
The official appeal form supplied by the First Tier Tribunal should be lodged within 28 days from the date on the notice setting out the grounds upon which the designation is contested.
No fee is payable to the tribunal for lodging an appeal and further evidence can be submitted while the hearing is pending.
"We can also assist farmers in meeting the statutory requirements of farming within an NVZ, which is part of cross compliance within the Basic Payment Scheme," Mark added.
Farmers receiving designation should get in touch with their agent to see what their options are or contact Mark Morison on 01743 290647 email mark.morison@berrys.uk.com
A consultation closed last December in Wales with regard to NVZ designations. Current NVZ designated areas are to be retained with some extensions anticipated.
New areas recommended for designation include the River Alyn (west of Wrexham) and Worthenbury Brook (east of Wrexham around Whitchurch).
