S.I. No. 649/2025 - Planning and Development (Exempted Development (Act of 2000)) (No 2) Regulations 2025

1. No such structure shall be used for any purpose other than the purpose of agriculture.

2. The maximum storage capacity of any such storage facility shall not exceed 1000 cubic metres.

3. The aggregate capacity of tanks, situated within the same farmyard complex, shall not exceed 1,500 cubic metres.

4. The structure having regard to its size, use and location shall be constructed in accordance with Department of Agriculture, Food and the Marine and Department of Housing, Local Government and Heritage requirements and shall have regard to the need to avoid water pollution. The structure shall not be an earth lined Slurry/Effluent Store.

5. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.

6. No such structure within 100 metres of any public road shall exceed 8 metres in height.

7. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

8. No such structure shall be constructed within a flood zone identified in statutory land use plans as Flood Zone A or Flood Zone B or where the probability of flooding is moderate to high or erosion control zone.

9. No such structure shall be within 60 metres of a public or private water source.

10. No such structure shall be situated, at the closest point, less than 50 metres from a water course or water body in the case of new farmyards, and not less than 10m in the case of extensions/modifications to an existing facility.

11. All such tanks shall be constructed in accordance with the relevant specification published by the Department of Agriculture, Food and the Marine in force at the time of construction of the tank.

12. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

13. The use of this Class of exemption requires a declaration from the relevant Planning authority under section 5 of the Principal Act, declaring the exemption is applicable prior to commencement of construction.

14. Ancillary provision shall include as appropriate the installation of any signage, fencing or other safety infrastructure as recommended by the Health and Safety Authority regarding Slurry Safety.

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GIVEN under my hand,

19 December 2025

JOHN CUMMINS,

Minister of State at the Department of Housing, Local Government and Heritage.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th December,

2025.

WHEREAS I, JOHN CUMMINS, Minister of State at the Department of Housing, Local Government and Heritage, am of the opinion that development to which the following regulations apply would not offend against principles of proper planning and sustainable development by reason of the nature and limited effect of development belonging to that class on its surroundings; and

WHEREAS a draft of the following regulations has been laid before each House of the Oireachtas and a resolution approving that draft has been passed by each such House;

NOW I, JOHN CUMMINS, Minister of State at the Department of Housing, Local Government and Heritage, in exercise of the powers conferred on me by subsection (2) of

section 4

and

section 262

of the

Planning and Development Act 2000

(No. 30 of 2000) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 408 of 2020

)) and by the Housing, Local Government and Heritage (Delegation of Ministerial Functions) Order 2025 (

S.I. No. 364 of 2025

), hereby make the following regulations

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