An Bord Pleanála rejects appeal against cattle shed and slurry tank

An Bord Pleanála has rejected a planning appeal lodged by an environmental group against a cattle shed and slurry tank in Co. Cavan.

In March 2023, Cavan County Council granted permission, subject to eight conditions, to a farmer to construct a four bay shed consisting of slatted area with slurry holding tank underneath, cubicles and all associated site works at Killeshandra.

The 319m2 shed, under a double pitched roof on an existing farmyard, would comprise a central feeding passage with slatted areas on either side served by a slurry holding tank and a total of 32 cubicles.

The decision of Cavan County Council was appealed to An Bord Pleanála by the Cork-based environmental group Wild Ireland Defence CLG, care of Peter Sweetman.

The appeal outlined the roles of the board under the Planning and Development Act 2000, the Environmental Impact Assessment (EIA) Directive and the Habitats Directive.

Wild Ireland Defence claimed that there was a “total lack of certainty in the information submitted” as part of the planning application and therefore the board was not in a position to grant permission.

The appeal highlighted concerns over the potential impact of the development on the water quality of a local Special Area of Conservation (SAC).

The group cited judgements handed down from the Court of Justice of the European Union (CJEU) and dismissed a screening report prepared by the applicant.

The group considered that the screening was inadequate insofar as it did not assess the land spreading that would stem from the distribution of slurry from the proposed slatted cattle shed.

In response, the farmer explained that he currently rents a shed over 3km away to house some of his cows and to store some soiled dairy washings.

He said that the proposed development would allow him to house all his cows and soiled dairy washings in his farmyard, and to comply with new 31-day storage and animal welfare requirements.

The farmer added that the development "would not entail any intensification of his farming activities".

The planning inspector noted that "disquiet is expressed [by the farmer] over the delay that the appeal has generated in bringing forward his proposal".

The farmer rejected Wild Ireland Defence's critique that his screening report did not meet the requisite standard.

He said that the European Union (Good Practice for Protection of Waters) Regulations 2022 set out the parameters for storing and spreading slurry and the planning system does not overlap with matters addressed by these regulations.

The farmer criticised the group's non-site-specific critique, and the failure to acknowledge the environmental impetus for the proposal. He also contended that the appeal was "frivolous and vexatious".

The planning inspector said that "while the appeal is largely generic, it does raise matters pertinent to appropriate assessment, and so to that extent it is not 'frivolous and vexatious'".

An Bord Pleanála agreed with the inspector's recommendation to grant permission and decided to uphold the decision of Cavan County Council.

The board found that the development would be "an appropriate addition to the existing farmyard" and would "not give rise to the risk of pollution".

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They determined that the development would not be likely to have a significant effect on designated areas located some 2km away from the farm.

The board added that the development would be in accordance with the proper planning and sustainable development of the area where agriculture is the predominant land use.

The board granted permission for the proposed development, subject to nine conditions, including that a minimum of 22 weeks' storage be provided in the underground slurry storage tank.

The board also asked for the development to be amended so that "drainage arrangements for the apron of the proposed building shall be made explicit".

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