31-07-2025
What are the proposed new rural planning permission exemptions?
A four week public consultation has opened today (Tuesday, July 29) on proposed changes to planning permission exemptions.
Current planning exemptions have been in place for more than 20 years but the government is now examining what is exempt from planning and assessing whether it is "fit for purpose".
New regulations will be drafted in the coming months and people are now being encouraged to share their "insights and concerns" by making a submission to the Department of Housing, Local Government and Heritage until Tuesday, August 26.
A government review of exempted development regulations has already identified "areas of specific interest that are in need of updating".
These include current rural exemptions which "allow for appropriate flexibility on what can be carried out on agricultural land without the need for planning permission" - while meeting European Directives.
Under the proposed changes there are potential new areas where exemptions should be considered according to the Department of Housing, Local Government and Heritage.
These range from additional slurry storage capacity to fencing specifications, animal housing and biomass boiler units.
Proposal 1:
Extending the exemption in respect of the erection of fencing on farms under Class 4 to sites where there is an environmental plan approved by the Department of Agriculture, Food and Marine (DAFM).
Proposal 2:
In support of compliance with the nitrates directive, provide additional slurry storage capacity on farms with a total maximum capacity of no more than 1500 cubic metres.
However under the proposals consideration "needs to be given to this aggregated total and appropriate separation distances" between farm holdings and adjacent properties.
It has outlined that this aggregated total would include existing slurry storage exemption provisions associated with structures for the housing of animals under Class 6 and a new exemption for a stand-alone slurry storage tank of up to 1000 cubic metres.
Proposal 3:
In the interest of animal welfare "increase the exemption under Class 6 in relation to animal housing size from 200 m² to 300m²". The government has detailed that this would involve an aggregated threshold "of no more than 450 m²".
Proposal 4:
Solar panels on the roofs of farm buildings to support the running of a farm with supporting battery storage to assist in promoting resilience.
Proposal 5:
Wind turbine exempted size under Class 18 is currently 20m but the government is questioning if this should be reconsidered to support self-generation power?
Proposal 6:
Should the conditions of current exemption for biomass boiler units be reviewed with regard to size and location?
Proposal 7:
Should the placement of Anaerobic Digestion (AD units with regard to size and location be considered?
The government has said that following a review of all submissions received during the public consultation process updated exempted development regulations will be "finalised as quickly as possible".
