A poultry farm outside Eskra in Co Tyrone will have 60 days to demolish a new 16,000 bird free-range shed once the current crop of hens complete their laying cycle.

In a decision by the Planning Appeals Commission, some variations to an enforcement notice issued by Fermanagh and Omagh District Council in December 2025 were accepted, although ultimately, the notice was upheld.

The appellant did have planning permission, which was issued in 2020, however, the core issue was that planners contended what was actually built required further consent.

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On the other side, the appellant argued the shed was “not materially different from that approved”.

Dimensions

The planning approval was for a building 4.6m high, 120m long and 15.5m wide, so a total agricultural floor space of 1,860m².

However, the actual house was 55m longer (175m) and 1.5m narrower(14m), which culminated in a floor space of 2,450m².

In her decision, planning appeals commissioner Carrie McDonagh said she couldn’t be satisfied that any of the foundations of the building were in their approved location, although she did note that the longer dimensions have no impact on neighbouring properties.

However, council planners maintained that the larger shed could potentially mean there is a greater impact on nearby environmental sites.

Commissioner McDonagh concluded that the extra 584m² of floorspace “cannot be considered as di-minimis nor a non-material change”, so an appeal on the basis that the building did not breach planning control was rejected.

Remedy

The second part of the appeal was on the grounds that the steps required in the enforcement notice exceed what is necessary to remedy the alleged breach of planning.

The appellant made the case that 27m could be demolished from either end of the building. However, Commissioner McDonagh said she couldn’t be certain that if that happened, the resultant shed would be in accordance with the approved plans.

She added that she was bound by limitations within current legislation and could see “no alternative in the circumstances” other than to require removal of the building.

Notice

The 2025 enforcement notice only gave 30 days to remove the shed and restore the land to its original condition.

The appellant argued this was not reasonable, with the current crop of birds delivered on 8 September 2025 and not due to complete their laying cycle until 29 December 2026.

If birds have to be removed early, there was a potential financial loss of £86,900, and the lost egg production would have a knock-on negative impact on the packer in this case, Skea Eggs.

In her determination, Commissioner McDonagh agreed that requiring de-stocking before the end of the cycle was excessive and as a result, the shed must be removed within 60 days from the completion of the laying cycle on 29 December 2026.