Circular
6-2002-OFI
22 February 2002
To:
All R.I.s/A.S.s/D.S.s/S.A.O.s/T.A.O.s
Implications of the Planning and Development Regulations, 2001
The section of these Regulations entitled “Part 3 : Exempted Development – Rural”
(which is on the DAFRD website under “Farm Buildings”) introduces a variety of
important changes to rural planning law, and will have wide implications for farm
building practice. This section of the Regulations came into force on 21st January
2002. All applications under DAFRD On-Farm Investment Schemes [Farm Waste
Management: Alternative Enterprise, and Dairy Hygiene Schemes] received on or
after 2nd April 2002 shall comply with these new Exemption Regulations. Changes to
note are :1. CLASS numbers and details have been changed. Full details are on the
website. In summary the relevant CLASSES are as follows.
CLASS 4 = Fencing of agricultural land.
CLASS 6 = Housing for cattle, sheep, goats, horses, donkeys, deer, or rabbits,
together with ancillary effluent stores.
CLASS 7 = Housing for pigs, mink and poultry (plus effluent stores).
CLASS 8 = All other effluent-producing buildings and structures.
CLASS 9 = All “dry” buildings, yards, and structures.
CLASS 10 = Unroofed all-weather enclosures for horses and ponies.
CLASS 11 = Land drainage, reclamation and improvement.
CLASS 12 = Housing of greyhounds.
CLASS 13 = Hard-surfaced yards for greyhounds.
2. All types of horses, from working horses to thoroughbreds, are now defined as
agricultural animals, and houses for them are classified as CLASS 6. Stables,
American Barns, etc. will be aggregated with all other CLASS 6 structures
when exemptions are being determined. The previous CLASS 10, governing
the housing of sport horses, etc., has been withdrawn, as has the reference
to horse-yards in the new CLASS 13.
3. The new exemption size limit for CLASS 6 and CLASS 8 structures is 200
square metres for any new structure, and there is a new aggregation limit
of 300 square metres for all such structures in each class. It seems clear
that in future the majority of new structures in these classes will automatically
require Planning Permission. [It should be noted that all passages within an
animal house are classified as 6, as are any external feed passages directly
under a roof canopy. All aprons to slab silage bases or walled silos are
classified as 8].
4. A new CLASS 7 has been introduced for the housing of pigs, mink, and
poultry. Exemption size limits (75 square metres) and aggregation limits (100
square metres) are very restricted, and the effect will be that every new house
for the commercial farming of these animals will require Planning Permission.
5. The new CLASS 8 covers the same categories as the previous CLASS 7.
Effluent storage tanks, etc., are now no longer separately listed. This means
that all farm waste stores, slurry stores, soiled water stores, etc., are
automatically considered ancillary to the structure(s) that they serve, and are
not aggregated for calculation purposes in either CLASS 6 or CLASS 8.
6. The capacity of all effluent stores is now determined by the new requirement
that they be “constructed in line with Department of Agriculture, Food and
Rural Development and Department of the Environment and Local
Government requirements”. In practice, this means:(i)
(ii)
Where a Local Authority has issued by-laws that define storage periods
and capacities, these must be followed.
Where not, the current guidelines to be followed are those given in the
booklet “Protect Waters from Pollution by Nitrates” (July 1996) issued
jointly by both Departments. (Note that these guidelines are under review,
and new comprehensive National Guidelines may be introduced in the near
future).
7. The new CLASS 9 covers the same categories as the previous CLASS 8, and
exemption size limits (300 square metres) and aggregation limits (900 square
metres) remain the same.
8. The new CLASS 10 means that all-weather lunging areas, exercise areas, and
gallops for horses are exempt without size limits, provided four conditions are
met. The condition likely to be most critical is that such structures must not be
within 10 metres of any public road. Other conditions specify a maximum
height of 2m; a requirement that facilities are used only for exercising and
training; and a ban on the staging of public events.
9. Metal roof or side cladding must now be pre-painted (preferably in the colours
listed in the REPS Specification: Measure 8)) for all buildings in CLASSES
6, 7, 8,and 9. This means that no plain galvanised or aluminium-zinc coated
sheet or other unpainted metal sheet can be installed on any farm building,
whether grant-aided or not. [A very wide range of pre-painted metal sheets is
commercially available].
When Planning Permission is given for a farm building, it is likely that one of
the imposed Conditions will be that the roof should be installed to a specific
named colour.
Automatic Withdrawal of Exemptions
It is most useful to remember that there is no specific right to any exemption from
planning permission. Exemptions can cease for many reasons, including the
following :1. Every Condition in Column 2 “Conditions and Limitations” which relates to a
specific CLASS must be fulfilled, or exemptions cease automatically.
2. “Rural” exemptions do not exist for any structure within the boundaries of a
city, or urban area, or town (defined as a community of more than 2000
inhabitants).
3. Developments in CLASSES 6, 7, 8, 9, 10, 11, 12, and 13 (all farm structures,
in other words) have no exemptions in any area to which a special amenity
area order relates.
4. Exemptions cease for any structures that “interfere with the character of a
landscape, or a view or prospect of special amenity value or special
interest, the preservation of which is an objective of a development plan
for the area in which the development is proposed, (or, pending the variation
of a development plan or the making of a new plan, in the draft variation of
the plan or in the draft plan)”.
5. Exemptions cease for anything that involves the excavation or alteration or
demolition of places, sites, features or other objects of archaeological,
geological, historical, scientific or ecological interest, the preservation of
which is an objective of a development plan (etc. as above in No. 4).
Exemptions therefore cease in all Natural Heritage Areas (NHAs), Special
Areas of Conservation (SACs), and Special Protection Areas (SPAs) as soon
as these areas are publicly advertised in the newspapers. [EU Regulation].
6. There is no exemption for fencing or anything else that obstructs any public
right of way. Nor is there any exemption for “fencing or enclosure of any
land habitually open to or used by the public during the 10 years
preceding such fencing or enclosure for recreational purposes or as a means
of access to any seashore, mountain, lakeshore, riverbank or other place of
natural beauty or recreational utility.”
________________________
Patricia Flood
On Farm Investment Schemes Division
_____________________
Christopher Robson
Senior Architect