With the introduction of the Targeted Agricultural Modernisation Scheme (TAMS) II, the number of planning permission applications has increased steadily. In 2016, there were 1,741 planning permissions granted for new buildings for agriculture, up 69% compared to 2015.
Planning permission is required for most developments unless they are deemed exempt. Tom Ryan, farm buildings specialist from Teagasc, says in the case of agricultural buildings, where the size exceeds certain limits or where specific conditions are not met, the exemptions no longer apply. Most farmyard developments now require planning permission.
Farmers should note that many banks insist on proof of planning permission before giving approval to draw down a loan. Planning permission, or a declaration of exemption, is required for most of the items eligible for investment under TAMS II. In the terms and conditions of TAMS II, there is a table listing items eligible for grant aid and it also indicates which items may need planning permission and which items do not. Planning permission or a declaration of exemption must be sought for items that may need planning. If the proposed works are considered to be exempt you can apply for a declaration of exemption. Otherwise, planning permission is required.
What’s exempt?
A list of the common farmyard structures that come under the exempted development categories are given in Table 1. Roofed structures for the housing of cattle, sheep, and horses are defined under class 6.
The next most important agricultural category is class 8. This includes roofless cubicles, self-feed silos and silage areas, structures for the making or storage of silage, feeding aprons, assembly yards and milking parlours.
The exemption limits for the various categories are summarised in Table 2. The size limit for a new structure in class 6 or class 8 is 200m2, whether or not this is a standalone structure or an extension of an existing structure. There is also an aggregate limit of 300m2 where a structure in the same class is within 100m.
Aggregate refers to the addition of the area of the new structure and the area of existing structures in the same class. An example of this is where a farmer wants to build a slatted cattle shed with a gross floor space of 120m2 within 100m of another building in the same class (say a sheep shed with a gross floor area of 220m2).
Planning permission is required as the total floor area (340m2) of the two class 6 buildings exceeds 300m2.
The fees payable to the local authority for agricultural buildings are €80 for each building, or €1 for each square metre of gross floor area in excess of 200m2 – whichever is the greater. For a building with a floor area of 180m2, the fee would be €80, while a planning fee of €120 would apply to a building with a floor area of 320m2. In addition, structures other than buildings are charged at €80 for each structure.
Regardless of the extent of the proposed developments, the maximum planning fee is €300. Fees for the retention of unauthorised structures are three times the normal rate, subject to a maximum of €900. The gross floor area is the total internal floor area.
Development contributions
Development contributions may also be payable depending on the scale of the development and exemption limits that apply in your county. The scale of contributions, conditions and limits can vary from county to county. Ask your adviser or person preparing your planning application as to the best approach to dealing with this. You can view information on development contributions on the planning section of your county council website.
Public notification
The planning documents must be lodged within two weeks of the newspaper publication. The full page of the newspaper showing the notice must be submitted with the application.
The site notice must also be erected within two weeks of making the application and must be retained on the site for a minimum of five weeks from the date a valid application is received by the planning authority. A copy must be submitted with the application.
The site notice must be placed in a conspicuous position at the main entrance to the site and be capable of being read by passers-by from the public road. A faded or otherwise illegible site notice if inspected will usually mean the whole planning application will be returned and will have to be resubmitted.
Philip O’Dwyer, secretary of the Irish Farm Buildings Association and a member of the ACA, says it usually takes eight to 10 weeks for a planning permission to be granted. Table 3 shows the timeline involved in making a planning application. Below, Philip outlines the documents required for making a successful application.
Planning permission checklist:
Application form fully completed and signed by the applicant. The name of the person who prepared the plans must be on the application form. Appropriate fee.One copy of the site notice (white) must be submitted with the application and the notice must be erected on site at each entrance to the farmyard.One page of the newspaper in which notice of intended developments was published.Six copies of site location map 1:10560. Six copies of site location map 1:2500.Six copies of existing site layout plan at 1:500.Six copies of proposed site layout plan at 1:500.Six copies of detailed drawings of proposed developments: plans, sections, end views and elevations, usually to 1:100 and showing principal dimensions. They will accept 1:50, 1:100 or 1:200. Distinguish between proposed and existing structures.Submit calculations for slurry, soiled water and effluent capacities and requirements for some county councils.Existing and proposed site layout plans (1:500) can be together on one drawing as long as the difference between the existing and proposed structures is clear. Location of site notice must be shown on 1:10560 and 1:2500 location plans and on the site layout plan(s). Site layout plans should show the north point – on all plans and on floor plans. It is already on the maps (check).To avoid having to submit the newspaper notice a second time, make sure it refers to the townsland in which the proposed development is going to be located. The postal address could be different.The application must be lodged within two weeks of the notice appearing in the newspaper.Levels may be requested in some situations.Retention: Existing buildings/structures needing planning permission are charged at three times the normal fee. It is generally regarded that buildings/structures over five years old do not require retention.If the building is located beside a site of archaeological importance, an archaeological report may be required. A planning permission lasts for five years so allow for future developments.Site layout plans and drawings must show the name and address of the person who prepared them.Show details of clean and soiled water drainage on the site layout plans.Site boundaries outlined in red.Farm boundaries outlined in blue.Way-leaves outlined in yellow. Read more
Building boom: farmers driving shed surge
With the introduction of the Targeted Agricultural Modernisation Scheme (TAMS) II, the number of planning permission applications has increased steadily. In 2016, there were 1,741 planning permissions granted for new buildings for agriculture, up 69% compared to 2015.
Planning permission is required for most developments unless they are deemed exempt. Tom Ryan, farm buildings specialist from Teagasc, says in the case of agricultural buildings, where the size exceeds certain limits or where specific conditions are not met, the exemptions no longer apply. Most farmyard developments now require planning permission.
Farmers should note that many banks insist on proof of planning permission before giving approval to draw down a loan. Planning permission, or a declaration of exemption, is required for most of the items eligible for investment under TAMS II. In the terms and conditions of TAMS II, there is a table listing items eligible for grant aid and it also indicates which items may need planning permission and which items do not. Planning permission or a declaration of exemption must be sought for items that may need planning. If the proposed works are considered to be exempt you can apply for a declaration of exemption. Otherwise, planning permission is required.
What’s exempt?
A list of the common farmyard structures that come under the exempted development categories are given in Table 1. Roofed structures for the housing of cattle, sheep, and horses are defined under class 6.
The next most important agricultural category is class 8. This includes roofless cubicles, self-feed silos and silage areas, structures for the making or storage of silage, feeding aprons, assembly yards and milking parlours.
The exemption limits for the various categories are summarised in Table 2. The size limit for a new structure in class 6 or class 8 is 200m2, whether or not this is a standalone structure or an extension of an existing structure. There is also an aggregate limit of 300m2 where a structure in the same class is within 100m.
Aggregate refers to the addition of the area of the new structure and the area of existing structures in the same class. An example of this is where a farmer wants to build a slatted cattle shed with a gross floor space of 120m2 within 100m of another building in the same class (say a sheep shed with a gross floor area of 220m2).
Planning permission is required as the total floor area (340m2) of the two class 6 buildings exceeds 300m2.
The fees payable to the local authority for agricultural buildings are €80 for each building, or €1 for each square metre of gross floor area in excess of 200m2 – whichever is the greater. For a building with a floor area of 180m2, the fee would be €80, while a planning fee of €120 would apply to a building with a floor area of 320m2. In addition, structures other than buildings are charged at €80 for each structure.
Regardless of the extent of the proposed developments, the maximum planning fee is €300. Fees for the retention of unauthorised structures are three times the normal rate, subject to a maximum of €900. The gross floor area is the total internal floor area.
Development contributions
Development contributions may also be payable depending on the scale of the development and exemption limits that apply in your county. The scale of contributions, conditions and limits can vary from county to county. Ask your adviser or person preparing your planning application as to the best approach to dealing with this. You can view information on development contributions on the planning section of your county council website.
Public notification
The planning documents must be lodged within two weeks of the newspaper publication. The full page of the newspaper showing the notice must be submitted with the application.
The site notice must also be erected within two weeks of making the application and must be retained on the site for a minimum of five weeks from the date a valid application is received by the planning authority. A copy must be submitted with the application.
The site notice must be placed in a conspicuous position at the main entrance to the site and be capable of being read by passers-by from the public road. A faded or otherwise illegible site notice if inspected will usually mean the whole planning application will be returned and will have to be resubmitted.
Philip O’Dwyer, secretary of the Irish Farm Buildings Association and a member of the ACA, says it usually takes eight to 10 weeks for a planning permission to be granted. Table 3 shows the timeline involved in making a planning application. Below, Philip outlines the documents required for making a successful application.
Planning permission checklist:
Application form fully completed and signed by the applicant. The name of the person who prepared the plans must be on the application form. Appropriate fee.One copy of the site notice (white) must be submitted with the application and the notice must be erected on site at each entrance to the farmyard.One page of the newspaper in which notice of intended developments was published.Six copies of site location map 1:10560. Six copies of site location map 1:2500.Six copies of existing site layout plan at 1:500.Six copies of proposed site layout plan at 1:500.Six copies of detailed drawings of proposed developments: plans, sections, end views and elevations, usually to 1:100 and showing principal dimensions. They will accept 1:50, 1:100 or 1:200. Distinguish between proposed and existing structures.Submit calculations for slurry, soiled water and effluent capacities and requirements for some county councils.Existing and proposed site layout plans (1:500) can be together on one drawing as long as the difference between the existing and proposed structures is clear. Location of site notice must be shown on 1:10560 and 1:2500 location plans and on the site layout plan(s). Site layout plans should show the north point – on all plans and on floor plans. It is already on the maps (check).To avoid having to submit the newspaper notice a second time, make sure it refers to the townsland in which the proposed development is going to be located. The postal address could be different.The application must be lodged within two weeks of the notice appearing in the newspaper.Levels may be requested in some situations.Retention: Existing buildings/structures needing planning permission are charged at three times the normal fee. It is generally regarded that buildings/structures over five years old do not require retention.If the building is located beside a site of archaeological importance, an archaeological report may be required. A planning permission lasts for five years so allow for future developments.Site layout plans and drawings must show the name and address of the person who prepared them.Show details of clean and soiled water drainage on the site layout plans.Site boundaries outlined in red.Farm boundaries outlined in blue.Way-leaves outlined in yellow. Read more
Building boom: farmers driving shed surge
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