On 27 September 2024 DAERA published Northern Ireland’s first Environmental Improvement Plan (“EIP”). The EIP was due to be published in July 2023 but progress stalled due to the collapse of Stormont. The Office of Environmental Protection (“OEP”) issued an information notice (the first stage of an investigation) in July 2024 in respect of the failure to meet this deadline.
The EIP is widely regarded as a ‘blueprint’ for how government will deliver on its environmental goals to protect and improve Northern Ireland’s environment now and in the future. It has finally been agreed by the Executive – so what does it mean for development in Northern Ireland?
What is the Environmental Improvement Plan?
Schedule 2 of the Environment Act 2021 required DAERA to prepare and publish an EIP which is a plan for significantly improving the natural environment in Northern Ireland. It sets out a series of targets and interventions designed to deliver real improvements in the quality of the environment. It reflects many of the targets and requirements set in the Environment Act 2021.
What are the strategic objectives of the EIP?
The EIP sets out six strategic objectives:
1. Excellent air, water and land quality;
2. A healthy and accessible environment and landscapes everyone can connect with and enjoy;
3. Thriving, resilient and connected nature and wildlife;
4. Sustainable production and consumption on land and at sea;
5. Zero waste and a highly developed circular economy, and
6. Net zero greenhouse gas emissions and improved climate resilience and adaptability.
There are a number of specific targets and aims set out under each strategic objective.
However, it is notable that the actions identified require the development of significant policies and legislation which will traverse, planning, environmental, waste, agriculture and energy. Many of the measures will require significant public funding to implement. Some of the timescales identified seem ambitious. By way of example, under the heading “Reducing Single Use Plastics” five new pieces of legislation are to be prepared by December 2024.
Biodiversity
Under the biodiversity priority the EIP replicates the target of “30 by 30” meaning the commitment to protect at least 30% of land and sea for nature by 2030. However, what is notably absent is any specific proposals to introduce biodiversity net gain (“BNG”) requirements into planning legislation.
In December 2023, the RTPI NI round table recommended, amongst other things the introduction of statutory biodiversity targets or nature recovery targets. In Northern Ireland, although the Wildlife and Natural Environment Act 2011 includes a biodiversity duty for all government departments and public sector bodies, there is no quantifiable target for improvement imposed.
The strategic planning policy states that planning authorities should “[work] towards the restoration of and [halt] the loss of biodiversity”. PPS 2 states that planning policy “must have regard to any strategy designated for the conservation of biodiversity.” Although some of the emerging Local Development Plans for each individual council area do include references to biodiversity they don’t go as far as setting mandatory BNG targets. In England, BNG is mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). Developers must deliver a BNG of 10% in England.
If Northern Ireland is to reach its target of “30 by 30”, as well as meeting its objectives for economic growth, it would appear that legislation requiring BNG for all new developments is urgently required.
Water Quality
It is striking that the EIP priorities in respect of water quality (both sea and freshwater), contain little detailed discussion around the role of sewage infrastructure and the planning system in securing improvements to water quality.
There is a statement that there will be:
“Targeted investment in sewage infrastructure & treatment works, and wider catchment solutions, through application of integrated ecological modelling frameworks.”
However, no further detail is provided in respect of where the funding for such investment will come from. Given the difficulties caused by the under-funding of NI Water, this is an important omission.
Furthermore, there is no consideration or discussion as to the role of the planning system in delivering improvements to water quality or any discussion of the role of marine planning.
Who will monitor progress?
DAERA is required to report annually on progress, describing what has been done to achieve the targets and objectives set out in the EIP. The Office of Environmental Protection will also monitor and report on progress.
DAERA is also required under paragraph 5 of Schedule 2 to set out the data that intends to gather to facilitate the monitoring of the EIP. As has been seen in England, there are some areas where there is an absence of reliable data to allow measurement of progress. Therefore, DAERA’s statement in respect of the data that it intends to collect.
What has the experience been in England?
In 2023 DEFRA published the EIP for England setting out ten key priorities or targets. The 2024 annual review of that EIP published in July found that limited or patchy progress had been made across the ten goals identified.
The OEP found “Our assessment is that government is largely off track to meet its ambitions and its legal obligations.”
The newly elected Labour Government has agreed to undertake a rapid review of the EIP. This is in part in response to threatened legal proceedings by Wildlife and Countryside Link, a coalition of more than 80 charities, including the Wildlife Trust, WWF UK and the RSPB.
What next?
It is clear that in order to deliver the priorities identified, what is required is a raft of policy and legislation.
Given the cross-cutting nature of the priorities identified in the EIP, the required legislation and policy must be brought forward by multiple Departments. The EIP should also be read alongside the draft EEPS (see here for more information), which sets out how Northern Ireland Departments must implement five environmental principles when developing policy. The five principles are:
- the principle that environmental protection should be integrated into the making of policies;
- the principle of preventative action to avert environmental damage;
- the precautionary principle, so far as relating to the environment;
- the principle that environmental damage should as a priority be rectified at source; and
- the polluter pays principle.
It is clear that we are likely to see a significant volume of policy and legislation which will impact upon development in the coming years. If the timescales set out in the EIP are to be met, the pace of change is likely to be rapid, although given the length of time it has taken to produce the EIP, it is not unreasonable to question whether the priorities will be delivered in the timescales identified.
For legal guidance and advice regarding Environmental policy, please contact Maria O’Loan or a member of our Environment and Planning team for more information.
While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.
