With the renewed interest in Farmyard development due to the launch of TAMS II 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
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
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.
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
– TAMSII Reference Costs June 2016
– Guidance notes ref TAMS COSTS 2016
– Recommended Animal Areas
– 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
– S102 Minimum Standards for Roof Cladding and Side Cladding
– s104 MINIMUM SPECIFICATION FOR HAY AND STRAW STORES
– S105 MINIMUM SPECIFICATION FOR STORAGE STRUCTURES FOR FARM
– S106 Minimum Specification For Milking Premises And Dairies
– S108A Precast wall panels for manure pits
– S109 MINIMUM SPECIFICATION FOR STRUCTURES FOR GRAIN STORAGE
– S110 ACCEPTED MEAL BINS AND GRAIN SILOS
– S120 MINIMUM SPECIFICATION FOR CONCRETE WALLED SILOS
– S120P ACCEPTED PRECAST SILO WALL PANELS
– S122 MINIMUM SPECIFICATION FOR PROPRIETARY OVER-GROUND CIRCULAR SLURRY AND EFFLUENT STORES
– S122A ACCEPTED CONTRACTORS FOR PROPRIETARY OVER-GROUND CIRCULAR SLURRY AND EFFLUENT STORES
– S123 MINIMUM SPECIFICATION FOR BOVINE LIVESTOCK UNITS AND REINFORCED TANKS
– S123a MINIMUM SPECIFICATION FOR THE EXTENSION OF CONCRETE TANKS.
– S123M ACCEPTED CATTLE MATS
– S123Y ACCEPTED PRE-CAST TANKS FOR GRANT-AID
– S123Z ACCEPTED PRE-CAST CONCRETE TANK WALLS FOR GRANT-AID
– S124 MINIMUM SPECIFICATION FOR CALF HOUSING
– S126 MINIMUM SPECIFICATION FOR GEOMEMBRANE LINED SLURRY AND EFFLUENT STORES AND ANCILLARY WORKS
– S126A ACCEPTED CONTRACTORS FOR GEOMEMBRANE LINED SLURRY AND EFFLUENT STORES
– S127 ROADS TO MOUNTAIN AND HILL PASTURES MINIMUM SPECIFICATION FOR GRAVEL ROADS AND ACCESS
– S128 MINIMUM SPECIFICATION FOR CONCRETE SILAGE BASES
– S128a MINIMUM SPECIFICATION FOR RE-SURFACING OF SILO FLOORS
– S129 MINIMUM SPECIFICATION FOR FARMYARD DRAINAGE, CONCRETE YARDS AND ROADS
– S131 MINIMUM SPECIFICATION FOR EARTH-LINED SLURRY AND EFFLUENT STORES, AND ANCILLARY WORKS
– S132 MINIMUM SPECIFICATION FOR OUT WINTERING PADS
– S132A ACCEPTED CONTRACTORS FOR LINING GEOMEMBRANE LINED OUT-WINTERING PADS
– S133 Minimum Specification for Integrated ConstructedWetlands
– S135 MINUMUM SPECIFICATION FOR SCREENING BELTS AND SHELTER BELTS FOR FARMYARDS AND FARM BUILDINGS
– S136 Minimum Specification for Sheep Dipping and Handling Facilities
– S136A ACCEPTED MOBILE SHEEP HANDLING FACILITIES
– S137 MINIMUM SPECIFICATION FOR CATTLE CRUSH, RACE AND ENCLOSURE
– S144 MINIMUM SPECIFICATION FOR LOOSE DRY SOW UNITS
– S144A ACCEPTED PRE-FABRICATED WALL PANELS FOR PIG HOUSES
– S146 MINIMUM SPECIFICATION FOR WINTERING FACILITIES FOR SHEEP
– S146A ACCEPTED PLASTIC SHEEP SLATS
– S147 Minimum Specification for Calving Pens, Separation Pens, and Isolation Boxes
– S148 MINIMUM SPECIFICATION FOR FARM FENCING
– S148A Accepted Fencing Posts
– S150 MINIMUM SPECIFICATION FOR LAYING HEN HOUSES
– S154B MINIMUM SPECIFICATION FOR DEER HANDLING FACILITIES
– S156 MINIMUM SPECIFICATION FOR HORSE FACILITIES AND FENCING
– S157 ACCEPTED PROPRIETARY HORSE FACILITIES
– S159 2010 Minimun Specification for Goat Housing
– S160 MINIMUM SPECIFICATION FOR BULL HOUSING
– S171 RainMINIMUM SPECIFICATION FOR RAINWATER HARVESTING EQUIPMENT