FARMYARD DEVELOPMENT

With the renewed interest in Farmyard development due to the launch of TAMS 3 schemes, it is worth having a look at Planning Requirements for Farm Building Development.

Development in planning legislation is defined as meaning the carrying out of works on, in, over or under land, or the making of any material change in the use of land or buildings. Such works require planning permission unless they are exempted. In the case of farm buildings where the size exceeds certain limits, or specific conditions are not met, exemptions no longer apply. Much agricultural development was exempted in the past but the Planning and Development Regulations (2001) reduced the threshold sizes and altered the exemption conditions for farm buildings so that most farmyard developments now requires planning permission. It also should be noted that the exempted development clause does not apply in certain situations or instances regardless of scale such as:

Areas the preservation of which are covered in the county development plan or draft plan, Natural Heritage Areas (NHAs), Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).
Obstruction of right of way.
Fencing or enclosure of land open to or used by the public during the previous 10 years

Exemption Thresholds
A schedule of the common farmyard structures that come under the exempted development categories and the exemption limits for the various categories are summarised in Tables 1 and 2 below. The exemptions outlined apply subject to the following conditions:

Exempted farm buildings may only be used for agriculture.
Structures must have adequate slurry/effluent storage for its size, use and location, and satisfy Department requirements in this regard.
Distance from public a road must be at least 10 metres.
Height above ground level must not exceed 8 metres within 100 metres of any public road.
Distance from any house (other than own), school, church, hospital or public building must be at least 100 metres unless consent is obtained in writing from the owner or occupier or person in charge.
Unpainted metal sheeting cannot be used for roofing or side cladding

Storage Structures
Effluent storage facilities (includes slurry tanks) are no longer listed as exempted development and will normally require planning permission unless they can be classed as ancillary i.e. under or adjacent to the structures they serve. Sheep dipping units have also lost exempted development status and require planning permission. The general advice of the competent regulatory authorities is that artificially-lined and clay-lined earthen bank structures require planning permission.

Planning Fees
The fees payable to the Local Authority for agricultural buildings are €80 for each building, or €1 for each square meter of gross floor area in excess of 200 square meters whichever is the greater. This is subject to a maximum of €300. Fees for the retention of unauthorized structures are one and a half to three times the normal rate. It should be noted that the gross floor area comprises the total internal floor area and includes the feed passage overhang.

Table 1. Schedule of Farm Structures in Exempted Development Classes
Class 6 – roofed animal housing (cattle, sheep, goats, donkeys, horses of all kinds, deer and rabbits)
Class 7 – housing for pigs, poultry & mink
Class 8 – roofless cubicles, open loose yards, self feed silos and silage areas, structures for the making or storage of silage, feeding aprons, assembly yards and milking parlours
Class 9 – dry stores, barns etc,
Class 10 – lunging rings/exercise areas/ gallops for horses

Table 2. Planning Exemption Limits for Farm Structures in Various -Classes and exemption limits
Class 6:- Under 200 square metres and 300 square metres on aggregate
Class 7:- Under 75 square metres and 100 square metres on aggregate
Class 8:- Under 200 square metres and 300 square metres on aggregate
Class 9:- Under 300 square metres and 900 square metres on aggregate
Class 10:- No size limit provided there are no public events and entrance is indirect

Note:- This article does not purport to be a legal interpretation of the Planning and Development Acts or Regulations.

Click on links below to download relevant Documents >>

– Exempted FarmYard Development
– Farmyard Development Overview

– Reference Costs – 22 February 2023

– Guidance notes ref TAMS 3 COSTS 2023

– Recommended Animal Areas

Specification
– ACCEPTED SIMPLE AERATION SYSTEMS FOR GRANT-AID
– ACCEPTED SLATS FOR GRANT-AID
– EXPLANATORY NOTES ON TAMS COSTINGS
– Farm Structures List
– Design Siting and Operation of Outwintering Pad
– Earth-Lined Slurry/Effluent Stores
– Health Safety Form AF1-1
– S100 MINIMUM SPECIFICATION FOR CONCRETE GRADES USED IN AGRICULTURAL STRUCTURES
– S101 MINIMUM SPECIFICATIONS FOR THE STRUCTURE OF AGRICULTURAL BUILDINGS
– S101A Non load bearing wall panels

– S101c Retrofitting roof lights with Safety Cage with Safety Cage

– S101d Accepted Safety Grids for under Roof Lights