Q: I have an outblock of land that is some distance from the yard. It is generally used for silage, but is also grazed at the shoulders of the year. Do I have to have planning permission for installing a cattle crush and yard?

A: There are some houses nearby, and I do not have a great relationship with some of these people, so I am wary of ruffling feathers.

AThis is a common enough question, and reflects our nonchalant behaviour when it comes to planning permission and farm developments.

Many farm buildings that are not done to grant specification are erected without planning permission attained.

Generally, this goes unnoticed, but some larger buildings from intensive enterprises have been served orders to dismantle those built without planning permission in recent months in Northern Ireland.

First off, any mobile handling facilities for either sheep or cattle can be purchased and used without any planning permission required, and in a case where a block of land is used so infrequently, or there are several blocks of land away from the yard, this may be a more financially wise decision as opposed to investing in several permanent handling facilities.

Most handling yards will be exempt from planning permission rules when placed on outblocks of land. However, there are certain factors to be cognisant of.

The size of the handling facility must be less than 200m², and combined with any other farm buildings within the yard, the total net area of all farm buildings must be less than 300m².

This is the main criteria in dictating whether full planning permission or a letter of exemption is required.

Other factors include:

  • 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 of Agriculture, Food and the Marine (DAFM) and local authority requirements in this regard*.
  • Distance from public a road must be at least 10 metres (measurement is taken from the three ‘metalled edge’, that is where the grass margin meets the road).
  • Height above ground level must not exceed eight 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.

    • In general, no unpainted metal sheeting shall be used for roofing or on the external finish of buildings (eg sheeting of doors or gates).

    Slurry storage is generally not sought for by the Department or county council, provided handling units are cleaned after use.

    A Bateman mobile cattle crush went for £9,500 at the special collective sale of farm machinery at Dungannon.

    Once the handling unit ticks all of the above, then a letter of exemption, rather than full planning permission, can be obtained.

    Letter of exemption

    A letter of exemption is available from your local planning authority.

    One of the biggest upsides to a letter of exemption as opposed to full planning permission is the cost; most local authorities charge €80 for a letter or exemption.

    The application form should be downloaded (or picked up from the council office) and filled out. You also need:

  • Site location map (sufficient to determine the location to which exempted development relates to). The site location should be outlined in red on the appropriate map.
  • Site layout map, floor plans and elevations drawn to a scale of 1:500.

    • Planning and TAMS

    While evidence of planning permission is not sought for cattle handling facilities, these investments are covered by the planning permission regulations.

    However, the Department notes that in the majority of cases, they will be exempt from development. If the exemption is not available for any reason, planning permission must be obtained before the application may be processed.

    Conversely, full planning permission is required by the Department for permanent sheep handling facilities, both with and without dip tubs, in TAMS III.

    As mentioned above, no planning permission is required for mobile cattle or sheep handling facilities, so where there is an issue obtaining either full planning or a letter of exemption, mobile facilities may be the only solution.

    In short

  • Most handling facilities will qualify for exemption rather than full planning permission when built on an outblock.
  • Exemption will require them to be 10 metres from the road and 100 metres away from the dwelling house (not your own).
  • Mobile facilities for both sheep and cattle do not require planning permission.