Farm businesses urged to check NVZ status after landmark ruling leads to removal of Mid Devon design

Farmers across Mid Devon are being urged to check whether their land is still within a Nitrate Vulnerable Zone (NVZ) after a landmark tribunal ruling resulted in the removal of an entire groundwater designation.

The change stems from a successful appeal by Tiverton farmer John Clapp, who was supported by the Westcotts’ agricultural team in a tribunal challenge earlier this year to remove his farm from the G18 Mid Devon Groundwater NVZ.

The Environment Agency has since confirmed that the ruling has resulted in the entire designation being withdrawn.

Janice Radford, Farm Business Consultant at Westcotts, said the change affects livestock farming businesses across a large area of Mid Devon. However, she added many farmers may be unaware that the designation has been removed.

Janice said: “It is important that farmers in this area check the updated maps to see if they are still within a designated area. That is why we want to make sure farmers know what has happened and can understand what it means for their businesses."

Mr Clapp, who runs a mixed arable and beef farm near Tiverton, launched the appeal against Defra after becoming frustrated that his land remained within the NVZ despite implementing a series of measures over the past 16 years to reduce nitrate leaching.

These included reducing livestock numbers, exporting manure, cutting fertiliser use, establishing buffer zones and planting cover crops.

The appeal challenged the evidence used to justify the designation and was heard by a first-tier Tribunal earlier this year.

As reported in an earlier Westcotts article,  the tribunal ruled in Mr Clapp's favour, concluding that the Secretary of State's decision to continue designation was not supported by sufficient evidence.

Evidence presented during the hearing showed the designation relied on about 20 groundwater samples across an area of more than 700sq km, with only six samples exceeding the nitrate threshold used to define polluted water.

The tribunal also heard evidence that sampling was typically undertaken during winter months when nitrate leaching risk is highest, meaning the data could represent a worst-case scenario rather than year-round conditions. Evidence was also presented about increasing discharge activity from sewage treatment works in the area.

Mr Clapp welcomed the wider impact of the decision. He said: "I would again like to thank Janice and the team at Westcotts for their support. When we started this process, my concern was making sure the regulations affecting my own farm were based on sound evidence.

"I never imagined it would ultimately affect such a large area and so many other farming businesses.

"I hope it encourages a wider discussion about how these designations are reviewed and how all potential sources of nitrate pollution are assessed."

Janice Radford said the outcome highlighted the importance of ensuring environmental regulation was based on robust and representative evidence.

"Farmers across Devon have invested heavily in improving nutrient management and reducing losses to watercourses since NVZs were introduced," she said.

"This case was about making sure decisions are evidence-based and reflect what is actually happening on the ground. The tribunal was clear that the evidential basis for this designation was not sufficient and that finding has now had implications far beyond a single farm."

While farmers removed from the NVZ will no longer be subject to certain NVZ-specific restrictions and record-keeping requirements, Janice stressed that they must still comply with Farming Rules for Water and other environmental regulations.  So, understanding the difference is important.  All farmers should produce a robust Nutrient Management Plan before applying organic manures and fertilisers to a crop.

Farmers can check whether their land remains within an NVZ by using the government's online NVZ mapping service: https://environment.data.gov.uk/farmers/

For further advice and on this issue, nutrient management planning and a wide range of financial and business planning support for agricultural businesses, contact the Westcott’s Agriculture Team: https://westcotts.uk/specialist-sectors/agriculture/