Nitrate Vulnerable Zones (NVZs) are areas designated as being at risk from agricultural nitrate pollution. Defra reviews NVZs every 4 years.
NVZs for 2017 to 2020 start on 1 January 2017. They include new areas of NVZs which can be viewed on the Environment Agency Website.
It is important that landowners and occupiers are aware whether their property is now included within an NVZ area. Likewise for those already in an NVZ there is an opportunity now to appeal against that designation on certain grounds.
There are consequences of being in an The Environment Agency which include having to have sufficient slurry storage through the winter months, not being able to apply slurry to the land during closed periods and there are limitations on the amount of nitrogen that can be applied to land. These requirements and restrictions lead to an increase in costs for landowners and occupiers whether this is through having to provide new or additional storage or having to deal with the increased administration and record keeping that is required.
The Environment Agency (EA) are currently writing to individuals now if their land has been newly designated but you can also check on the Environment Agency website to see the new 2017 NVZ areas.
If you disagree with the NVZ designation you can only appeal on one of two points:
1) The waterbody should not have been identified as polluted
2) Your land does not drain to the polluted waterbody
Those who receive a letter and notice from the EA can submit an appeal against the designation. Additionally what has not been widely reported or been made clear is that Landowners and occupiers in existing NVZ’s can submit an appeal against a designation.
Appeals are made to the First Tier Tribunal using an appeal form which can be found on the GOV.UK website. Along with the form supporting documents such as drainage plans and contour maps should be submitted.
The EA will notify landowners and occupiers in two rounds. When you receive your notification and feel there are grounds to appeal you must make sure your appeal reaches the First Tier Tribunal within 28 days of the date on your designation notice. If you expect to receive a notice but do not do so you should contact the EA immediately. If you have received a notice in the first week of January time is running out to make a response. Should you wish to discuss this please do not hesitate to contact Matthew Burton or Blue Archer in the Knutsford Office.
Email: matthew.burton@fishergerman.co.uk Email: blue.archer@fishergerman.co.uk
Tel: 01565 757973 Tel: 01565 757978
