Planning requirements for farm building developments

Planning permission is required for most developments unless they are deemed exempt. In the case of farm 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 due to changes in the Planning and Development Regulations (2001).

Many banks insist on proof of planning permission before giving approval to draw down a loan.

Exemption thresholds

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.

Exemption limits

The exemptions outlined apply subject to the following conditions:

If the proposed development breaches any of the above limits or conditions, then planning permission is required.

Farm waste storage structures

Farm waste storage facilities in practically all cases require planning permission. Standalone slurry stores such as cylindrical steel or pre-cast concrete, geomembrane-lined slurry and earth-bank tanks all 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 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 Teagasc 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

A newspaper notice must be published within two weeks before the planning application is lodged. 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.

Complying with TAMS and tolerances allowed

Problems arise where the location and dimensions of buildings or structures when built are different to the planning permission drawings/drawings submitted with the TAMS application.

Certain tolerances are allowed under TAMS with regard to siting and dimensions of buildings and structures.

If these tolerances are breached, then revised drawings and planning permission approval (if required) will have to be submitted with the payment claim. Otherwise, a 5% penalty will apply and they will still have to be submitted before payment can be made.

Tolerances allowed:

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.

Going for the declaration of exemption should speed up the process, but if the local authority considers the works are not exempt then a full planning permission application will have to be made at that stage.

The letter from the local authority granting full planning permission, revised planning where required, or a declaration of exemption for the proposed works must accompany the TAMS application.

Their letter notifying you of their decision to grant planning permission which is sent out before the letter granting full planning permission will not be enough to get into TAMS and the application will be returned.

It’s important to ensure that the planning permission drawings are accurate and illustrate almost exactly what proposed works are intended; otherwise, revised planning permission will be required, leading to delays and penalties over grant payment.