Do I need planning permission?
Generally, planning permission is required for any development of land or property unless it is specifically exempted from this need. The term development includes the carrying out of any works (i.e. building, demolition or alteration) on any land or buildings and includes the making of a material (i.e. significant) change of use of structures or land.
What is exempted development?
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. Much agricultural development, especially uses of land for agricultural purposes, is exempted. In other cases certain thresholds exist, these may include size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature.
Do I need planning for farm waste structures?
Practically all farm waste storage facilities need planning permission. Slurry towers lined lagoons all require planning permission.
What are the exemptions for planning permission?
The following are exempted development:
- the use of land for agriculture or forestry (but see EIA requirements at Question 4 below);
- the use of farm buildings or forestry buildings for these purposes (but see conditions below);
- the maintenance of land for agricultural processes;
- the erection of a wall or fence, but not one of sheet metal or one bounding a garden or in front of a dwelling house (there are separate exemption arrangements for houses);
- temporary use of land (for 10 days or less) for camping or mooring of a boat. Conditions and restrictions apply i.e. a distance of 50m from the public road and within100m proximity to each other;
- temporary use of the land by scouting organisations for a period of 30 days or less a year; • works involving the construction of or maintenance of a gully, drain, pit or water-course;
- works involving minerals and petroleum prospecting under the terms of a licence for either purpose issued by the Minister for Communications, Marine and Natural Resources. Buildings and Structures
The provision of the following types of agricultural buildings and structures is exempted development:
- Type 1 A roofed structure housing cattle, sheep, donkeys, horses, deer or rabbits, provided that its floor area does not exceed 200 square metres and that the total floor area of all Type 1 structures within the farmyard complex (or 100 metres of it) does not exceed 300 square metres;
- Type 2 A roofed structure housing pigs, mink or poultry provided that its floor area does not exceed 75 square metres and that the total floor area of all Type 2 structures within the farmyard complex (or 100 metres of it) does not exceed 100 square metres. In addition boundary fencing of a mink holding must be escape-proof for mink;
- Type 3 Roofless cubicles, open loose yards, self feed silo or silage areas, feeding aprons, assembly yards, milking parlours and silage making/storage structures, provided that the floor area of any new structures does not exceed 200 square metres and that the total floor area of all Type 3 structures within the farmyard complex (or 100 metres of it) does not exceed 300 square metres;
- Type 4 A store, barn, shed, glasshouse etc. not exceeding 300 square metres in floor area and not used for housing animals or storing effluent provided that the total floor area of all Type 3 structures within the farmyard complex (or 100 metres of it) does not exceed 900 square metres;
- Type 5 An unroofed fenced area for exercising and training horses with an allweather surface, provided the structure is not more than 2 metres high. The structure must not be used for staging public events and the entrance should not be directly off a public road;
- Type 6 A roofed structure for housing greyhounds, provided that the floor space does not exceed 50 square metres and that the total floor area of all Type 6 structures within the same complex (or 100 metres of it) does not exceed 75 square metres;
- Type 7 A roofless hard-surfaced yard or enclosed area (in connection with the keeping of greyhounds), provided that the total floor area does not exceed 100 square metres and that the total floor area of all Type 7 structures within the same complex (or 100 metres of it) does not exceed 150 square metres.
However these exemptions are subject to the following conditions:
- they may only be built in rural areas (all 7 Types) – rural areas are those outside town and city council boundaries. They must be used for the purpose of agriculture only;
- distance from a public road must be at least 10 metres (all 7 Types);
- the distance from houses, schools, churches or public assembly buildings must be at least 100 metres unless the owners and occupiers give their consent in writing to lesser distances (all 7 Types);
- height above ground level cannot exceed 8 metres within 100 metres of a public road (all Types except Type 5 and 7);
- no unpainted metal sheeting shall be used for roofing or on the external finish (except for Type 5, 6 and 7);
- effluent storage facilities must be in line with Department of Agriculture and Food requirements and be adequate to ensure no water pollution (all Types except Types 4, 5,6 and 7);
- they must be used for agricultural purposes only (Types One to Five) and for the breeding and keeping of greyhounds, as appropriate (Types 6 and 7).
The exemptions do not apply if the development would involve interference with sites, features etc. listed for preservation in the development plan or draft plan.
Other exampted activities
Certain types of other activities are exempted development for the purpose of the Regulations including:
- land reclamation (including field drainage, removal of fences, improving existing fences, improvement of hill grazing or reclamation of estuarine marsh land or callows);
- intensive agriculture, provided the land involved is less than 100 hectares;
- initial afforestation. The European Community (Environmental Impact Assessment) (Amendment) Regulations, 2001 provided for the introduction of a new statutory consent system for forestry which is operated by the Minister for Communications, Marine and Natural Resources;
- replacement of broadleaf high forest by conifer species provided the area involved is less than 10 hectares;
- peat extraction provided where the area is less than 10 hectares, or where the area is more than 10 hectares, the drainage of the bogland must have already commenced.
How much will a planning application cost?
Planning application fees vary depending on the nature and size of the proposed development. Full details are set out in the explanatory notes to the application form. The planning authority cannot decide on an application until the correct fee is paid. Fees are subject to revision. Details of fees are available from your local planning authority or An Bord Pleanála.
Are Development Contributions relevant to my project?
Depending on the scale of development and the county you are located in will determine the amount of contributions you need to pay. Conditions and limits differ between counties. One can reference further information on your county councils website.
Must a notice of my development be printed in a newspaper?
The site notice must be placed in a location that can be easily seen and read by passers-by on a public road. The site notice needs to be laminated to protect it from the weather. A faded or damaged site notice if inspected will result in the planning application having to be resubmitted.