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The Department of Housing, Planning and Local Government has provided clarification to farmers as to what works need planning permission and what works are exempt.
The Planning Act outlines the general exemptions regarding the maintenance of existing agricultural buildings as follows: “Development consisting of the carrying out of works for the maintenance, improvement or the alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure as to render the appearance inconsistent with the character of the structure or of neighbouring structures.”
What this means is that if works need to be carried out on the interior of the building only, planning permission is not required. Where repairs need to be made to the outside of the building itself, then the rules are different. Where more significant work is required such as the complete replacement or rebuilding of a structure, not just maintenance or repair, then planning permission may be required.
If, for example, you are only replacing the sheeting on a roof that has not changed the shape, with similar sheeting, planning permission would not be required.
However, if you were replacing a round roof shed which has caved in with a flat roof, you would be changing the external appearance and therefore would require planning permission.
If you have any queries as to whether certain works are exempted then the relevant planning authority should be consulted and their advice sought as to whether the proposed works in the particular case are exempt or if they require planning permission.
Development contribution charges may apply where a new building is being constructed. These charges only apply where a planning application is made. They do not apply in the context of works which are exempted.
Planning permission is required for most developments unless they are deemed exempt.
In the case of agricultural buildings, where the size exceeds a certain limit or where specific conditions are met, the exemptions no longer apply.
Most farmyard developments now require planning permission.
Roofed housing
Farm structures under class 6 which include roofed animal housing for cattle, sheep and horses, among other animals, are exempt if they are under 200m2, whether this is a standalone structure or an extension. If this shed is within 100m of another structure the total floor space of the two structures cannot exceed 300m2, on aggregate.
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 building in excess of 200m2 – whichever is greater.
Regardless of the extent of the proposed developments, the maximum planning fee is €300. Fees for the retention of unauthorised structures on the other hand are three times the normal rate, subject to the maximum of €900.
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