Farming Talk: Farmers need to be ready for nitrates plea

Farmers who successfully appealed against their Nitrate Vulnerable Zone designation in 2009, or who have remained outside the designated NVZ to date, may have an opportunity to appeal again if the NVZ area proposed in the 2010 Nitrate Directive consultation is adopted.

The NVZ is reviewed every four years and the consultation on Implementation of the Nitrates Directive in England 2013-2016 is due to finish this month.

This consultation is looking at options for a revised action programme of measures to control nitrogen pollution from agricultural sources from 2013 onwards and asking whether these measures should be applied within designated Nitrate Vulnerable Zones or throughout the whole of England.

Unfortunately, some of the farmers who escaped NVZ legislation under appeal in 2009 may now find that the consultation document puts them back into the NVZ.

If this zone does become adopted farmers may have the chance to appeal, although the process for the challenge is also under review.

More than half of the 700 appeals made in England in the previous NVZ designation were successful. The appeals process began in 2009 and lasted into 2010.

The Environment Agency has already given an indicative map showing where the NVZ is likely to be extended to, which can be viewed within the consultation document.

We will have to wait a bit to see the outcome of the consultation but farmers should be ready to seek advice from their agent and prepare to appeal where necessary. If the government opts for a whole of England approach there will be no appeals process.

The Government will publish the NVZ proposals later this spring and will notify owners and occupiers in writing.

As per the last appeals process, it is likely that there will be a 28-day period from the date the notice is issued for owners and occupiers to consider whether they wish to appeal. Appeals must be submitted with relevant evidence during this 28 day period.

Appeals are then likely to be considered by a tribunal over the summer and individual parties and the Environment Agency will be told of its decisions.

The final designations are estimated to be published in the autumn along with regulations amending the action programme. The new designations and action programme would come into force in January 2013.

We are urging farmers to contact us as soon as they hear about the NVZ areas as an appeal could be extremely worthwhile.

For further details contact me (01691) 659658 or e-mail kathrynlewis@dmpropertyconsultants.com

Kathryn Lewis, Davis Meade Property Consultants