Dáil Éireann Debate, Tuesday - 17 November 2020
374. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if published planning exemption guidelines for agricultural storage sheds will be reviewed or removed given instances of planning enforcement by local authorities planning departments following the construction of agricultural storage sheds within the guidelines; and if he will make a statement on the matter. [36411/20]
View answer376. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if a copy of guidelines issued to local authorities in respect of agricultural storage shed exemptions will be provided; and if he will make a statement on the matter. [36415/20]
View answerI propose to take Questions Nos. 374 and 376 together.
The planning exemption for agricultural sheds is set out under Class 9 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations):
“Works consisting of the provision of any store, barn, shed, glass-house or other structure, not being of a type specified in class 6, 7 or 8 of this Part of this Schedule, and having a gross floor space not exceeding 300 square metres.”
The exemption for agricultural sheds is subject to conditions as prescribed in the Regulations and are as follows:
- No such structure shall be used for any purpose other than the purpose of agriculture or forestry, but excluding the housing of animals or the storing of effluent.
- The gross floor space of such structures together with any other such structures situated within the same farmyard complex or complex of such structures or within 100 metres of that complex shall not exceed 900 square metres gross floor space in aggregate.
- No such structure shall be situated within 10 metres of any public road.
- No such structure within 100 metres of any public road shall exceed 8 metres in height.
- No such structure shall be situated within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
- No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
In addition to the conditions as set out above, planning exemptions may be restricted or removed in accordance with Section 4 of the Planning and Development Act 2000, as amended (the Act) and with Article 9 of the Regulations. Any development, which falls outside of the conditions for exemption are subject to the planning process and as such are matters for individual planning authorities and An Bord Pleanála.
If a person wishes to establish whether or not planning permission is required for a particular development proposal, s/he can seek a declaration from his/her local planning authority under Section 5 of the Act.
Under the planning legislation, enforcement of planning control is a matter for the local authority concerned which can take action if a development does not have the required permission, or where any conditions attached to a permission have not been complied with. Complaints regarding planning enforcement should be made to the Director of Planning Services at the local authority concerned.
Under section 30 of the Act, as Minister, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
