Farmers urged to get a head-start on NVZ appeals

Farmers have just 59 days to prepare their appeal against proposed changes to Nitrate Vulnerable Zones (NVZs) designations announced today, the NFU has warned.

Farmers have just 59 days to prepare their appeal against proposed changes to Nitrate Vulnerable Zones (NVZs) designations announced today

Designations are reviewed by Defra every four years and the NFU had hoped farmers would get a minimum of three months to get their appeal ready, as they did during the previous review.

NFU head of policy services Andrew Clark said: “Since farmers must provide evidence to support an appeal, and the designation method and supporting evidence can be complex in some cases, it is important that farmers start reviewing their situation now.

“We are concerned that, especially for complex cases, the appeal period Defra has allowed will be too short for some farmers. There is a risk that complex cases will either have to be rushed, or farmers will have to hope that the Tribunals Service, which will deal with appeals, will be sympathetic to allowing extra time in their particular cases. This is not an ideal state of affairs.

“We have prepared initial briefings to help members get started and further information will follow as soon as possible.”

Defra’s latest consultation was launched in December 2011. It explored two options: moving to a situation where the whole of England would be designated; and continuing with the existing policy of identifying specific areas for designation.

If a targeted approach is maintained as the NFU has argued, the current patchwork of NVZs will change, with nearly four per cent being de-designated as nitrate levels continue to fall and a smaller areas designated for the first time. Overall NVZ designations should be smaller and even in those areas provisionally designated the option to appeal is available.

The information published today covers definitive maps of the proposed designation area that can be examined down to field level and detailed reasons for designation including a summary of water monitoring results.

Further information expected shortly includes detailed monitoring data as well as Defra guidance for farmers wishing to appeal.

The maps can be accessed online at the Environment Agency’s ‘What’s in your backyard’ website here, while briefings for NFU members are here.