Defra has announced changes to the designated Nitrate Vulnerable Zones – and the total designated area has been reduced by about nine per cent.
The decision could bring welcome relief to free range egg producers in those areas affected by the changes. Many egg producers could have difficulty taking advantage of increased external stocking density allowances because of rules enforced in the NVZs, which were created as a result of the EU’s Nitrates Directive and which are designed to reduce nitrogen pollution from agricultural sources. Under the rules enforced in Nitrate Vulnerable Zones, the nitrogen your chickens deposit on the land is limited to 170kgs per hectare per year.
A number of farmers have mounted successful appeals against designation and Defra has now published a re-drawn map of the zones. Those areas which were the subject of successful appeals have been removed. Even those farmers not involved in the appeals process may find themselves benefiting from an area having been de-designated, so egg producers are being urged to check the updated information available from Defra.
Defra wrote to farmers in October 2008 alerting them to extensions to the NVZs and advising them of the rules with which they had to comply if they fell within such a zone. The Nitrate Pollution Prevention Regulations 2008 allowed for appeals to be made against designation if there was evidence to demonstrate that:
1. The land did not drain into water identified as nitrate-polluted, and/or
2. The water to which the land drained should not have been identified as polluted.
A closing date for appeals was set at January 31 2009. More than 750 such appeals were submitted by the deadline and all of the appeals were considered by an independent appeals panel. The result has been a significant reduction in the amount of land now covered by NVZs. The NFU, which lobbied hard for a review of the NVZ areas, welcomed the changes made by the appeals panel
"This is undoubtedly good news for thousands of farmers who will benefit from these changes and for the NFU, as it lobbied for an independent review of NVZs," said NFU vice president Gwyn Jones. "Even those farmers that haven’t appealed personally may have land removed from the NVZs as a result of appeals by other farmers. It is important everyone checks their designation for potential changes.
"For those who are released from the cost and complexity of the recently revised NVZ action programme this will be a tremendous relief. For those of us who remain within NVZs we must hope and work to ensure that this represents a turning point in the insidious creep of NVZ designations across the country. Too many farmers remain within NVZs and much work remains to be done to minimise designations. The NFU will keep up its efforts on farmers’ behalf."
Paul Smalley, associate director at Savills, had advised readers of the Ranger to await the outcome of appeals before making any decisions on dealing with the NVZs. He said earlier this year that there had been a number of successful appeals and he said that farmers should wait for a new map to be published showing the amended zones. That map has now been revealed and he told the Ranger that people in the industry were quite pleased with the result of the appeal process. "People do tend to be slightly cynical about these processes, but it is encouraging that they did make some changes."
He said that the successful appeals would help some farmers, although those who were still subject to an NVZ would need to make plans to comply with the regulations. "If they have been lucky and let off they need to cheer. If not, they need to start getting their act together because it’s gold plated and it’s here."
The changes made to the NVZs relate to 18 catchments in England only. They are listed on Defra’s website. Some are substantial and affect hundreds of farms. In addition to these catchments, there have also been at least 150 other relatively small reductions in designated areas.
The regions affected are:
North West:
Counties: Cheshire, Cumbria, Lancashire and Greater Manchester
Catchments: East Kent (Meathop Marsh Drain), River Bollin, River Leith, River Mersey (between the weir at the Manchester Ship Canal and the confluence with the River Goyt), Skirwith Groundwater (surface water designation unaffected).
North East:
Counties: West Yorkshire, North Yorkshire, South Yorkshire, and East Riding
Catchments: Yorkshire Derwent (River Dove and some other headwaters only), River Wear (except the Valley Burn tributary).
West Midlands:
Counties: Herefordshire, Shropshire
Catchments: River Kemp, River Severn (from the Welsh border to Shrewsbury, ground water designations remain).
East Midlands:
Counties: North Lincolnshire, Lincolnshire, Derbyshire
Catchments: Derbyshire Derwent, Lawyers Creek Drain, South Holland Drain,
East Anglia:
Counties: Essex, Cambridgeshire, Norfolk
Catchments: River Crouch.
South West:
Counties: Cornwall, Devon, Dorset, Somerset, Gloucestershire
Catchments: River Deer, River Mells, River Tone.
South East:
Counties: Hampshire Berkshire, Buckinghamshire, Oxfordshire, West Sussex, Kent
Catchments: River Meon (except Whitewool Stream) ground water designations are unaffected), River Thames (Henley-on-Thames to Maidenhead the ground water designations is unaffected).
All farmers are advised to carefully check the revised NVZ map as soon as possible. Those who find themselves still covered by such a zone will need to ensure that they comply with the rules.
