Agricultural & Farm Development - The Planning Issues

While many smaller developments of an agricultural or forestry nature are generally exempt, larger developments do require planning permission. In addition, any development for which an Environmental Impact Assessment (EIA) is required needs planning permission. This page is a simple guide for farmers outlining the main features of the planning system they are likely to encounter.

This page is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information you may consult your local planning authority.

1. Do I need planning permission?

Generally, you need planning permission for any development of land or property unless it is specifically exempted from this need. The term development includes the carrying out of any works (i.e.. building, demolition or alteration) on any land or buildings and includes the making of a material (i.e. significant) change of use of structures or land.

2. What is exempted development?

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. Much agricultural development, especially uses of land for agricultural purposes, is exempted. In other cases, there are usually certain thresholds relating to, for example, size or height,. where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, the main exemptions are set out in the next paragraph.

3. What are the exemptions from planning permission?

The following are exempted development :

• the use of land for agriculture or forestry (but see EIA requirements at Question 4 below),
• the use of farm buildings or forestry buildings for these purposes (but see conditions below),
• the maintenance of land for agricultural processes,
• the erection of a wall or fence, up to 2 metres high (3 metres for deer farms), but not one of sheet metal or one bounding a garden or in front of a dwelling house (there are separate exemption arrangements for houses).

Buildings and Structures

Providing the following types of agricultural buildings and structures is exempted development :

Type 1

A roofed structure housing pigs, cattle, sheep, poultry, donkeys, horses, deer or rabbits, provided that its floor area does not exceed 300 square metres and that the total floor area of all Type 1 structures within the farmyard complex (or 100 metres of it) does not exceed 450 square metres;

Type 2

Roofless cubicles, open loose yards, self feed silo or silage areas, feeding aprons, assembly yards, milking parlours, sheep dipping units, effluent storage, silage making/storage structures, provided that the floor area of any new structures does not exceed 300 square metres and that the total floor area of all Type 2 structures within the farmyard complex (or 100 metres of it) does not exceed 450 square metres;

Type 3

A store, barn, shed, glasshouse, etc. not exceeding 300 square metres in floor area and not used for housing animals or storing effluent, provided that the total floor area of all Type 3 structures within the farmyard Complex (or 100 metres of it) does not exceed 900 square metres;

Type 4

A roofed structure for housing horses and ponies, provided that the floor area does not exceed 100 square metres and that the total floor area of all Type 4 structures within the same complex (or 100 metres of it) does not exceed 150 square metres;

Type 5

A roofed structure for housing greyhounds, provided that the floor area does not exceed 50 square metres and that the total floor area of all Type 5 structures within the same complex (or 100 metres of it) does not exceed 75 square metres;

Type 6

A roofless hard-surfaced yard or enclosed area (in connection with the keeping of horses, ponies or greyhounds), provided that the total floor area does not exceed 100 square metres and that the total floor area of all Type 6 structures within the same complex (or 100 metres of it) does not exceed 150 square metres.

However these exemptions are subject to the following conditions:

• They may only be built in rural areas ( all 6 Types) - rural areas are those outside urban and corporation boundaries;
• Distance from a public road must be at least 10 metres (all 6 Types);
• The distance from houses, schools, churches or public assembly buildings must be at least 100 metres unless the owners and occupiers give their consent in writing to lesser distances (all 6 Types);
• Height above ground level cannot exceed 8 metres within 100 metres of a public road (all 6 Types);
• Effluent storage facilities adequate to ensure no water pollution must be provided. (All Types except Type 3);
• They must be used for agricultural purposes only (Types 1 to 3) and for the breeding and keeping of horses, ponies or greyhounds, as appropriate (Types 4 to 6).

The exemptions do not apply if the development would involve interference with sites, features, etc. listed for preservation in the development plan or draft plan.

4. What about Environmental Impact Assessment (EIA)?

The following agricultural and forestry developments must be subjected to EIA as part of the planning process. An application for planning permission, including an Environmental Impact Statement (EIS), must be submitted in such cases:

(a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares;

(b) Water management projects for agriculture

-where the catchment area involved would be greater than 1,000 hectares, or

-where more than 50 hectares of wetlands would be affected.,

(c) Afforestation where the area on its own, or together with areas planted within the previous three years, would be over 70 hectares; or replacement of broadleaf forest by conifers, where the area would be over 10 hectares;

(d) Land reclamation for the purposes of conversion to another type of land use, where the area involved would be greater than 100 hectares;

(e) Peat extraction which would involve a new or extended area of 50 hectares or more,

(f) Poultry-rearing installations, where the capacity would exceed 100,000 units and where units have the following equivalents;

1 broiler = 1 unit

1 layer, turkey or other fowl = 2 units;

(g) Pig-rearing installations, where the capacity would exceed 1,000 units on gley soils or 3000 units on the other soils and where units have the following equivalents;

1 pig = 1 unit

1 sow = 10 units.

EIA will be required for projects in categories (f) and (g) even where the listed thresholds are not exceeded, if the planning authority considers that there may be significant effects on the environment.

5. Where can I get further information on EIA?

The page PL.9 - Environmental Impact Assessment explains the EIA process and what an Environmental Impact Statement (EIS) is. The planning authority will explain which development proposals require EIA and you are strongly advised to contact the planning authority for pre-application consultations if your proposal may involve the preparation of an EIS.

6. How much will a planning application cost?

Planning application fees vary depending on the nature and size of the proposed development. Buildings are charged at €0.95 per square metre and where the application relates to the use of land, the rate is €4.63 per hectare. The minimum fee is €73.64 in all cases and the maximum, in the case of buildings and structures, is €276.80. Full details are set out in the explanatory notes to the application form. The planning authority cannot decide on an application until the correct fee is paid.

7. What documentation do I need to submit?

The page PL.2 - Making a Planning Application sets out the documentation needed with all planning applications.

The additional documentation needed for agricultural development includes:

• Schedules of proposed and existing buildings with floor areas, numbers of animals presently housed and to be housed;
• Schedules of proposed and existing effluent storage and spreading methods, capacities, arrangements for ensuring effluent is not diluted with clean water and for ensuring effluent does not cause pollution, etc.;
• Where appropriate, signed agreement with other landowners for spreading effluent on their lands.

8. What should a location map or plan show?

In addition to the details indicated in page PL.2 - Making a Planning Application, the following information will normally be needed:

• the applicant's farm and the farmyard development, watercourses, drains, houses, schools, churches or public assembly buildings in the vicinity;
• other land in the vicinity in the ownership of the applicant or landowner marked or coloured separately and;
• land both on and off the applicant's farm, available for effluent spreading, together with any watercourses, drains, dwelling houses, schools, churches or public assembly buildings within 100 metres of such land.

9. What should a site or layout plan show?

In addition to the detail indicated in page PL.2 - Making a Planning Application, the following information will normally be needed:

• existing farm buildings and structures, surfaced and unsurfaced yards, directions of falls, soiled yards, silage pits, etc.;
• proposed farm building and structures, as above;
• all yard gates and walls;
• existing and proposed effluent storage tanks marked or coloured separately.,
• effluent and soiled water drainage layouts and roof water and other clean water collection and disposal systems. All underground water channels, drains and pipes should be shown;
• all adjoining watercourses, wells, water supplies, etc.;
• any existing and proposed septic tanks;

• roads and site boundaries and distances to these.

10. Where can I get advice on effluent storage and disposal?

You are advised to design effluent storage facilities in accordance with "Guidelines and Recommendations on control of Pollution from Farmyard Waste" (Revised Edition 1985) issued by the Department of Agriculture, Food and Forestry. Advice on farm development generally is available from your local Teagasc office and the Farm Development Service (FDS) of the Department of Agriculture, Food and Forestry.

11. Do I need any other type of permission?

You will not be entitled solely by reason of a grant of permission or approval to carry out your proposed development. You may have to apply for a licence under the Local Government (Water Pollution) Acts, 1977 and 1990 for the discharge of effluent or other wastes to a sewer, or to lakes, rivers, groundwaters, etc.

You will need permission if you are making a connection to a public or group water main or sewer. If you are installing a septic tank in an unserviced area, you may need to submit trial hole and percolation results.

Generally, all new buildings and extensions must also comply with building regulations, which set out basic design and construction requirements. Details of the regulations are in page PL.11 A Guide to the Building Regulations and further information may be obtained from the local authority.

The planning authority will give advice on design, finishing and siting of developments. You are advised to check the local development plan.

You can obtain details of all the statutory requirements which must be met before development can commence from the planning authority.

12. Are there any dangers from power lines?

You should contact your local ESB office if your works are near existing electricity lines, if there are dangers with clearance heights under power lines or if the construction work will bring anyone within reach of the electricity supply to your farm. In fact, you must do so where any overhead lines come within 25 yards of the construction works. As with farm machinery. construction work can bring you into contact with live electricity and lead to severe injury or death.

The law governing the planning system is set out in the local Government (Planning and Development) Acts, 1963 to 1993 and the Local Government (Planning and Development) Regulations, 1994 and 1995. These may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, Telephone (01) 661 3111.