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Some farmers who have approached local banks and lending institutions looking for funding to erect new sheds under permitted development have been told to provide proof from a professional person that planning permission is not required for the works.
Under permitted development, farmers can erect sheds up to 500 square metres without planning, so long as a number of conditions are met.
These include that the new building is within 75m of existing sheds, more than 75m from a neighbour’s dwelling and more than 24m from the middle of a first- or second-class road.
Currently there are 54 special areas of conservation in NI
However, some developments (such as intensive pig and poultry) will always need an environmental impact assessment (EIA) done, and therefore must go through planning.
The relevant legislation covering permitted development is also subject to the Conservation (Natural Habitats) regulations.
Where a development is “likely to have a significant effect on a European site”, it should not be started until a written determination is received from the local council that it will not adversely affect that site.
On enquiry a DAERA spokesperson confirmed that these European designations cover things such as special areas of conservation and special protection areas.
Currently there are 54 special areas of conservation in NI (mostly bogs) and 16 special protection areas, which include Carlingford Lough, Upper Lough Erne and Lough Foyle.
“Each case has particular characteristics and sensitivities, given its nature, scale and location.
The situation has been exacerbated by the position taken by the NI Environment Agency and planners on new larger buildings
"It is advisable for anyone wishing to take forward development to engage directly with their local council in its role as the local planning authority,” confirmed the DAERA spokesperson.
The fear of some banks is that they fund a new building under 500 square metres only to find out later that the development was done outside of planning law.
The situation has been exacerbated by the position taken by the NI Environment Agency and planners on new larger buildings over 500 square metres that do always require planning.
The advice from DAERA to planning officers is that they must check to see if there are designated sites within 7.5km of the proposed development.
Given that many of these designated sites are at or have exceeded their critical level for ammonia, obtaining planning permission in these cases has become increasingly difficult.
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