What is Exempted Development?

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. Much agricultural development, especially uses of land for agricultural purposes, is exempted. In other cases certain thresholds exist, these may include size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of minor nature.

Main Agricultural Exemptions

The following are exempted development:

• The use of land for agriculture or forestry (see requirements here);
• The use of farm buildings or forestry buildings for these purposes (see conditions below);
• The maintenance of land for agricultural processes;
• The errection of a wall or fence, but not one of sheet, metal or one bounding a garden or in front of a dwelling house (there are separate exmptions arrangements for houses);
• Temporary use of land (for 10 days or less) for camping or mooring of a boat. Conditions and restrictions apply i.e a distance of 50m form the public road and within 100m proximity to each other;
• Temporary us of the land by scouting organisation for a period of 30 days or less a year;
• Works involving the construction of of maintenace of a gully, drain, pit or water-course;
• Works involving minerals and petroleum prospection under the terms of a licence for either purpose by the Minister for Communications, Marine and Natural Resources.

Buildings and Structures

The provision of the following types of agricultural buildings and structures is exempted development:

Type 1

A roofed structure housing pigs, cattle, sheep, poultry, donkeys, horses, deer or rabbits, provided that its floor area does not exceed 300 square metres and that the toal floor area of all Type 1 structures within the farmyard complex (or 100 metres of it) does not exceed 450 square metres;

Type 2

Roofless cubicles, open loose yards, self feed silo or silage areas, feeding aprons, assembly yards, rnilking parlours, sheep dipping units, effluent storage, silage making/storage structures, provided that the floor area of any new structures does not exceed 300 square metres and that the total floor area of all Type 2 structures within the farmyard complex (or 100 metres of it) does not exceed 450 square metres;

Type 3

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 3 structures within the farmyard Complex (or 100 metres of it) does not exceed 900 square metres;

Type 4

A roofed structure for housing horses and ponies, provided that the floor area does not exceed 100 square metres and that the total floor area of all Type 4 structures within the same complex (or 100 metres of it) does not exceed 150 square metres;

Type 5

A roofed structure for housing greyhounds, provided that the floor area does not exceed 50 square metres and that the total floor area of all Type 5 structures within the same complex (or 100 metres of it) does not exceed 75 square metres;

Type 6

A roofless hard-surfaced yard or enclosed area (in connection with the keeping of horses, ponies or greyhounds), provided that the total floor area does not exceed 100 square metres and that the total floor area of all Type 6 structures within the same complex (or 100 metres of it) does not exceed 150 square metres.

These exemptions are subject to the following conditions:

• They may only be built in rural areas ( all 6 Types) - rural areas are those outside urban and corporation boundaries;
• Distance from a public road must be at least 10 metres (all 6 Types);
• The distance from houses, schools, churches or public assembly buildings must be at least 100 metres unless the owners and occupiers give their consent in writing to lesser distances (all 6 Types);
• Height above ground level cannot exceed 8 metres within 100 metres of a public road (all 6 Types);
• Effluent storage facilities adequate to ensure no water pollution must be provided. (All Types except Type 3);
• They must be used for agricultural purposes only (Types 1 to 3) and for the breeding and keeping of horses, ponies or greyhounds, as appropriate (Types 4 to 6).

These exemptions do not apply if the development would involve interference with sites, features, etc. listed for preservation in the development plan .