Some farmers within NVZs can apply for a grassland derogation to use a higher limit of up to 250kg of nitrogen per hectare (rather than 170kg), if the nitrogen comes from grazing livestock manure. The derogation brings additional conditions.
The deadline for derogation applications is 29 December 2017 details are here.
We have approached Defra and asked how farmers who are waiting for a tribunal decision, but who would benefit from the derogation, should proceed. They have advised that the best way forward is for farmers to apply now before the application deadline, regardless of whether or not they are awaiting an NVZ designation decision.
However, in the grassland derogation application these farmers should state that they are awaiting an appeal for an NVZ designation. If the appeal decision is in their favour and they are no longer within an NVZ then the process will be closed. If the NVZ designation is retained then the derogation can continue without further delay.