John Cummins (Waterford, Fine Gael)

I am joined by Mr. Brian Loughlin, assistant principal officer in the planning division, Mr. Paul Hogan, assistant secretary in planning, and Mr. Bill Callanan, from the environmental policy section of the Department of agriculture. I thank the committee for affording me the opportunity to present these proposed regulations.

The Planning and Development (Exempted Development (Act of 2000)) Regulations 2025 amend the planning and development regulations 2001, as amended, by: extending the provision for change of use from commercial to residential and vacant properties until 31 December 2028; increasing the provision of animal housing under class 6 of Part 3 by 50% from 200 sq. m to 300 sq. m and the total from 300 sq. m to 400 sq. m; and providing an exemption for stand-alone slurry storage of up to 1000 cu. m, subject to a farm limit of 1500 cu. m.

The Government is committed to providing supports to the farming community and measures that can assist in increasing the number of housing units available in the State. The draft regulations are being prepared under the Planning and Development Act 2000, as amended, as a priority of Government. When the new exempted development regulations are made under the Planning and Development Act 2024, the provisions as set out in the draft regulations before us will be replicated in any new regulations.

The aim behind the Planning and Development (Exempted Development (Act of 2000)) Regulations 2025 is to give certainty to the public. First, the provision for the change of use from commercial to residential is due to expire at the end of 2025. Amending Article 10(6) of the 2001 regulations will extend the relevant period until 31 December 2028. This will ensure that individuals can avail of the exemption without fear of enforcement. Protected structures are safeguarded under section 57 of the 2000 Act. Where works would materially affect a protected structure, exemptions are removed and planning permission is required.

Second, the provision to increase the exemption under class 6 of Part 3 of Schedule 2 to the 2001 regulations for animal housing by 50% supports increased animal welfare and takes account of changes in farming in the 24 years since the introduction of the exempted development provisions. As the increased area of 300 sq. m is equivalent to housing 38 dairy cows or 100 beef animals, this change is aimed at small and medium-sized farms. Increasing space per animal aligns fully with modern practices of increased space as a contributor to better animal welfare conditions.

Third, the provision of a new class 6A slurry tank exemption up to 1,000 cu. m, subject to an aggregated farm total of 1,500 cu. m, is to assist farmers in the storage and management of farm slurry and run-off. This change would allow a tank to be constructed without the provision of additional animal housing as part of the development. It allows for increased storage of manure and its application at the most opportune time when grass or crops are most actively growing.

Better use of slurry will provide for further displacement of chemical fertiliser purchases and allow improved management, thereby reducing the climate emissions associated with chemical fertiliser. It will also generate positive cost savings for farmers. Improved storage and management of manure reduces the loss of nutrients to water and delivers on the commitment of the Government in Water and Agriculture - A collaborative approach, which was published last year.

Under the European Union good agricultural practice for the protection of waters regulations, also known as the nitrates regulations, the rate of application of nutrients to agricultural land is strictly controlled. The timing and rates of organic nutrient application are controlled with the aim of minimising any potential impact on water quality and the environment. The provision of additional storage facilities enables farmers to apply slurry at times most beneficial to crop growth and development. As part of conditions associated with this new exemption class, it will be a requirement that all tanks are constructed in accordance with the Department of Agriculture, Food and the Marine specifications for such structures, in addition to meeting all the conditions set out for exempted animal housing.

It is important, as with all planning exemptions, to note that where there is a requirement for an environmental impact assessment or appropriate assessment, the exemptions are removed and planning permission is required. In line with environmental obligations, these draft regulations are undergoing environmental consideration for strategic environmental assessment and appropriate assessment. The exemptions for agriculture are a priority for Government. They will reduce regulations for farmers in order to comply with the need for increased space for animals, address the requirements of the nitrates directive and build on the existing planning exemptions that are in place.

I commend the draft regulations to the committee. Having regard to the need to support the delivery of housing and in the context of the requirement to maintain and manage farm run-off, the regulations are intended to give certainty and clarity to farmers seeking to invest in their farms and improve water quality.

These draft regulations, if subsequently approved by a positive resolution of both Houses of the Oireachtas, as is required under the planning Act, will come into force as soon as they are signed by me. If approved by the Oireachtas, it would be my intention to sign the regulations into law at the earliest opportunity following completion of the environmental assessment.