A good deal of building work has been completed on farms since the launch of TAMS aid back in 2015. As part of this grant, all building structures required planning permission or a letter of exemption from a county council to qualify for TAMS. Planning permission with farm buildings is a bit of a contentious issue. Some farmers have struggled to obtain planning for a number of reasons, while other farmers who have gone ahead without planning permission have failed to receive retention and have been ordered to take down their development and return the site to its original condition.
A good deal of building work has been completed on farms since the launch of TAMS aid back in 2015. As part of this grant, all building structures required planning permission or a letter of exemption from a county council to qualify for TAMS.
Planning permission with farm buildings is a bit of a contentious issue. Some farmers have struggled to obtain planning for a number of reasons, while other farmers who have gone ahead without planning permission have failed to receive retention and have been ordered to take down their development and return the site to its original condition.
With regard to TAMS, all farm buildings and slurry/manure storage facilities require either full planning permission or a letter of exemption from your county council.
The letter of exemption generally only applies to developments of a gross area of 200m², and where the aggregate area of buildings does not exceed 300m² within 100m of the new development. In simpler terms, if you wished to build a shed 180m² but there was another shed in your yard measuring 140m², then the combined area of the two exceeds the 300m² limit.
Other limitations surrounding
exemption from planning include
Exempted farm buildings may only be used for agriculture. Structure must have adequate slurry/effluent storage for its size, use and location, and satisfy Department requirements in this regard. Distance from a public road must be at least 10m (measured to the edge of the road). Height above ground level must not exceed eight metres within 100m of any public road. Distance from any dwelling house (other than own), school, church, hospital or public building must be at least 100m unless consent is obtained in writing from the owner, occupier or person in charge. Unpainted metal sheeting cannot be used for roofing or side cladding. If the proposed development breaches any of the above limits or conditions, then planning permission is required.If you are planning on completing a development on a designated land area (SAC/SPA) then the exemption rule will likely be null and void and full planning will be required.
Your farm planner should be able to tell you if the area you wish to build falls in to this category.
If the work carried out is to be financed by your bank, then they may insist on full planning permission, so again, check with them before submitting an application.
With regard to costs between exemption from planning and full planning, there is generally very little.
Most county councils operate off a flat rate fee of €80 minimum for farm developments or 1m², whichever is greater.
A 180m² shed would have an exemption cost of €80, or, if full planning permission was required, a fee of €180.
What can get an exemptionThe following structures are common agricultural buildings that are exempt from planning permission:
Type 1: A roofed structure housing cattle, sheep, goats, donkeys, horses, deer or rabbits, provided that its floor area does not exceed 200 square metres and that the total floor area of all Type 1 structures within the farmyard complex (or within 100 metres of the complex) does not exceed 300 square metres floor space. Type 2: A roofed structure housing pigs, mink or poultry provided that its floor area does not exceed 75 square metres and that the total floor area of all Type 2 structures within the farmyard complex (or within 100 metres of the complex) does not exceed 100 square metres. In addition, boundary fencing of a mink holding must be escape-proof. Type 3: Roofless cubicles, open loose yards, self-feed silo or silage areas, feeding aprons, assembly yards, milking parlours and silage making/storage structures, provided that the floor area of any new structures does not exceed 200 square metres and that the total floor area of all Type 3 structures within the farmyard complex (or within 100 metres of the complex) does not exceed 300 square metres. Type 4: 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 4 structures within the farmyard complex (or within 100 metres of the complex) does not exceed 900 square metres.Type 5: An unroofed fenced area for exercising or training horses or ponies with an all-weather surface, provided the structure is not more than two metres high. The structure must not be used for staging public events and the entrance should not be directly off a public road.The above rules are open to change depending on your local county council, so it is best to consult with them before carrying out any works.
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