A failure by public bodies to proactively investigate potential agricultural planning fraud, involving nearly 3,500 falsified soil samples, has undermined public confidence in the local planning system. That is the conclusion of a joint report published today (Friday 5 July 2024) by Northern Ireland’s Auditor General and Local Government Auditor.
The joint report, by Dorinnia Carville and Colette Kane, explores how public bodies (specifically the Department for Infrastructure, local councils, and the Northern Ireland Environment Agency) responded to the discovery of misrepresented soil analysis results submitted in support of agricultural planning applications.
Certain agricultural practices can have a potentially negative impact on the environment due to the spreading of nutrient rich material. As a result, applicants for planning permission may be required to obtain environmental authorisation from the NI Environment Agency (NIEA), in the form of permits or licences. This process can include analysis of soil samples to ensure that fields are able absorb material such as slurry, and that this material will not run off into streams and fields.
The report outlines how, in October 2022, the NIEA first became aware of misrepresented soil sample analysis results submitted to them, with around 3,500 misrepresented soil samples ultimately identified. These samples related to 108 planning applications across nine of Northern Ireland’s eleven local councils, dating back to 2015.
The NIEA notified relevant stakeholders, including their parent department, councils, the Northern Ireland Audit Office (NIAO) and the Department for Infrastructure (which has responsibility for oversight of the NI planning system).
While the report notes that this initial response was proactive, it criticises subsequent collaboration between some of the key planning bodies as having been extremely poor. It notes that the nine affected councils responded differently when they were alerted to this issue and treated the matter with varying levels of seriousness. When the NIAO asked councils in June 2023 if they had initiated their Fraud Response plans, less than half of the affected councils confirmed they had. This was despite the Environment Agency having alerted councils to the potential fraud several months prior (in February 2023).
The report concludes that there was a general lack of clarity around responsibility for investigating potential agricultural planning fraud. It appeared some councils believed it was the NIEA’s responsibility to investigate, and that councils would only be required to investigate breaches of planning conditions.
Commenting on the findings, Local Government Auditor Colette Kane said:
“It is alarming and a matter of great concern that any council could consider the submission of falsified information in a planning application to be anything other than potential fraud. The lack of action by some affected councils, even after they were prompted by the NIAO, is concerning.
This report recommends that councils’ fraud policies, procedures and response plans are reviewed to ensure that any future cases of this nature are clearly identified as fraud and investigated in a timely manner. It is also important that council officers involved in planning understand their role in identifying and responding to allegations of potential fraud where they arise.”
More generally, the report observes an unwillingness among any of the relevant public bodies to ensure a co-ordinated and consistent approach across the planning system.
Comptroller and Auditor General Dorinnia Carville commented:
“It is very disappointing that the Department for Infrastructure, which has responsibility for oversight of the NI planning system, considered it inappropriate to get more directly involved in this matter. As a result, an opportunity to ensure that all affected councils had initiated an investigation into potential fraud was missed. This report recommends that the Department takes a more active role should such sector-wide issues arise in future.
Furthermore, it is frustrating that many of the issues identified are not new. In our 2022 report on Planning in Northern Ireland, we highlighted an urgent need for improved joined up working between organisations. Failure to properly address this is continuing to undermine public confidence in the planning system here.”
The report does note some positive measures taken upon the initial discovery of the misrepresented soil analysis results. These included improved controls around the planning application process, with arrangements in place to address some of the remaining weaknesses. However, it also recommends enhanced independent retesting of soil samples, and a review of existing planning regulations to determine whether they are sufficient to protect the environment from the impact of diffuse pollution.
The full report is available to read in the publications section of our website.