An Bord Pleanála has rejected an appeal against planning permission for a slatted cubicle shed on a farm in Co. Kilkenny.

The proposed development involves the construction of a slatted cubicle shed with underground effluent storage tanks and associated site works at Tullowglass, Jenkinstown.

In May 2024, Kilkenny County Council granted permission for the development, subject to conditions.

This decision was appealed to An Bord Pleanála by Cork-based environmentalist Peter Sweetman and Wild Irish Defence CLG.

The appeal claimed that there were no meaningful mitigation measures in the Natura Impact Statement (NIS) submitted by the applicants.

It added that the NIS and the decision of the planning authority failed to mention the spreading of slurry which was claimed to be a "definite lacunae".

The appeal also alleged that the council had failed to carry out its obligations in assessing the application.

In response, the farmers making the planning application said that slurry spreading will follow their farm nutrient management plan.

The farmers, who are availing of the nitrates derogation, said that the proposed development is in line with the objectives of the Nitrates Action Plan (NAP) and EU derogation to protect, maintain and improve water quality.

Kilkenny County Council noted that the appeal related to the land-spreading of slurry which is stated to be a lacunae in the context of the assessment of potential impacts on Natura 2000 sites.

The council noted that a condition of the permission is that the proposed development is designed and carried out in accordance with the EU Good Agricultural Practice for Protection of Waters Regulations.

An Bord Pleanála carried out an Appropriate Assessment of the implications of the proposed development on the River Barrow and River Nore Special Area of Conservation (SAC) and the River Nore Special Protection Area (SPA).

The board said that it was satisfied that the proposed development would not adversely affect the integrity of the European sites in view of the sites’ conservation objectives and that there is no reasonable scientific doubt as to the absence of such effects.

An Bord Pleanála upheld the decision of Kilkenny Council Council and granted permission for the development, subject to 11 conditions.

The conditions included that the mitigation measures contained in the submitted NIS shall be implemented in full.

A final construction management plan, including measures to prevent discharge to waters during stream diversion works, shall be submitted to and agreed with the council ahead of works commencing.

A "management schedule" must also be submitted to the council covering the number and types of animals to be housed and arrangements for collection and storage of slurry.

The board said that a minimum of 16 weeks' storage should be provided in the underground storage tank.

An Bord Pleanála said that subject to compliance with the conditions the proposed development would be in accordance with the proper planning and sustainable development of the area.