GovWire

You can apply up to 170kg per hectare of nitrogen in livestock manure on your holding in a nitrate vulnerable zone (NVZ) in each calendar year.

This includes manure deposited directly by grazing livestock and what you spread. This limit is the loading limit and applies as an average across your holding.

Use this guide to find out how to apply for a derogation to use up to 250kg of nitrogen per hectare from grazing livestock manure.

Check if your farm is in an NVZ

Use the interactive map to find out if any of your land is in an NVZ.

The Environment Agency (EA) regularly updates this tool to show any changes to NVZ designations which may affect your derogation. You should make applications for the derogation on the basis of the interactive map.

Eligibility for a grassland derogation

You can apply for a grassland derogation to use a higher limit of up to 250kg of nitrogen per hectare, if the nitrogen comes from grazing livestock manure.

Grazing livestock are:

• cattle (except for veal calves)
• sheep
• deer
• goats
• horses

You cannot get permission to use more nitrogen from non-grazing livestock (veal calves, pigs or poultry) and must keep within the 170kg per hectare limit.

You must comply with the conditions of a derogation and the NVZ rules if your application is successful.

You can only apply for a derogation if at least 80% of the agricultural area of your holding is grass.

The agricultural area is the part of your holding you use for agricultural purposes. It does not include, for example:

• surface waters
• areas of hardstanding
• buildings or woodland (unless the woodland is used for grazing)
• any land covered by a greenhouse

Grassland derogations for 2023

You must apply between 6 June and 4 July 2023.

You must apply by telephoning the EA on 03708 506 506 (Monday to Friday, 8am to 6pm).

When you apply, you must give the:

• farm name, address and your County Parish Holding (CPH) number
• agricultural area and grassland area of your farm in hectares on 1 January of the year for which you are applying
• amount of manure nitrogen produced by grazing livestock kept on your farm during the calendar year in kilograms of nitrogen (kgN)
• amount of manure nitrogen produced by grazing livestock you intend to bring onto or send off your farm during the calendar year (kgN)
• total amount of manure nitrogen from grazing livestock on your farm during the calendar year (kgN)
• amount of manure nitrogen produced by non-grazing livestock on your farm during the calendar year (kgN)
• amount of manure nitrogen produced by non-grazing livestock you intend to bring onto or send off your farm during the calendar year (kgN)
• total amount of manure nitrogen from non-grazing livestock on your farm during the calendar year (kgN)

The EA will use these to calculate whether youre able to stay within the 250kg of nitrogen per hectare limit from grazing livestock.

You can use standard values tables (XLSM, 128 KB) or farm software to do these calculations before you apply.

The EA will assess your application on the call. If youre eligible, theyll send you written notification of whether your application has been successful.

If your application is successful, you must formally agree to fulfil the conditions of your derogation in writing to the EA.

Apply in Northern Ireland

You must apply for the derogation through the Northern Ireland Environment Agency (NIEA).

Find out about call charges.

Reasons why your application may be unsuccessful

The EA will refuse your application if you do not meet the eligibility criteria or do not apply within the specified dates. If refused, the EA expects you to follow the 170kg nitrogen per hectare limit.

The EA are required to carry out a Habitats Regulations Assessment (HRA) if your farm falls within or is near a European site designated under the Habitats Regulations or your farm is within the catchment of a European site that is in unfavourable conservation status due to nutrient pollution.

This will include an appropriate assessment and may involve consultation with Natural England.

If the HRA shows that granting a derogation would have an adverse effect on a European site your application may be refused.

The EA may also refuse to give you a derogation if you had a derogation during a previous year but did not follow all the conditions for that derogation.

How to appeal if your application is refused

You can appeal within 30 days of your application being refused. An independent panel will consider your appeal.

Contact the Defra Helpline or email WaterQualityandAgricultureTeam@defra.gov.uk to find out how to appeal.

Derogation conditions

You must meet all the conditions of your derogation and follow the rules that apply when using nitrogen fertilisers and storing organic manures in NVZs.

If you do not meet the conditions of a derogation for the year it covers:

• the EA may fine you
• you may not be eligible to apply for a derogation in the following year

You will not be allowed to apply more than 170kg of nitrogen per hectare in livestock manure, averaged across your holding, if the EA either:

• withdraws your derogation
• decides youre ineligible to apply for a derogation the following year

Ploughing grassland if you have a derogation

If you plough grassland where you have a derogation, you must plant one of the following:

• a crop with a high nitrogen demand (for example, grass, potatoes, sugar beet, maize) within 4 weeks from the date of ploughing
• grass within 6 weeks from the date of ploughing

You must not plough temporary grassland on sandy soils between 1 July and 31 December.

You must not plough any area of grass before 16 January if youve spread livestock manure on that area in the previous year between:

• 1 September and 31 December on sandy soils
• 15 October and 15 January on all other soils

Crops you cannot grow in rotation with grassland

You must not grow leguminous or other atmospheric nitrogen-fixing plants in your rotation, except:

• grass with less than 50% clover
• legumes under-sown with grass

Create a phosphate plan

You must plan the amount

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