Question about shed

dashoonage

Hi all

I'd asked this previously in the construction forum but figured might get more info here.

A field owner has decided to build a shed in his field. He has put it right up against the parents hedge at the rear of the house and is causing quite a disturbance now. It's for storing machinery

I was reading here

https://www.opr.ie/wp-content/uploads/2021/01/Planning-Leaflet-9-Agricultural-and-Farm-Development-The-Planning-Issues.pdf

On page 4 it states

"the distance from houses or other residential buildings, schools, hospitals, churches or public assembly buildings must be at least 100 metres, unless the owners and occupiers give their written consent to lesser distances (all 7 types)"

The shed is 30m from the rear wall of the parents house.

Am i correct in saying the shed cannot be there?

Siamsa Sessions

First, you are more than welcome to the farming forum/thread. But be aware that most here are "field owners" as you call us.

Second, very few situations are black and white. e.g. What do you consider "quite a disturbance"?

Mooooo

During the planning process you can view the details and object. If there is an issue planning won't be granted

elperello

https://www.boards.ie/discussion/comment/119234000#Comment_119234000

It appears that this shed is already built.

Here is Teagasc advice on planning for farm buildings.

https://www.teagasc.ie/media/website/rural-economy/farm-management/Planning_Requirements_for_Farm_Building_Development.pdf

dashoonage

https://www.boards.ie/discussion/comment/119234000#Comment_119234000

There was no planning process! it just started to appear one day!

Thanks elperello

"Distance from any house (other than own), school, church, hospital or public building must be at least 100 metres unless consent is obtained in writing from the owner or occupier or person in charge"

My issue is is going to be used as a sort of workshop etc , its 20m from my elderly parents bedroom window

Easten

Are you sure planning was not applied for, it's easy to do a search on any county council websites which will show you.

If not and yee don't want it there then you need to get on to the county council, make sure to leave the council in no uncertain terms that it is an illegal development and noting other than getting it removed will suffice. You don't want the council to go easy on him and let him apply for a retention.

Have no correspondence with the land owner, this is a planning matter.

wrangler

Report it to the County Council, they should sort it. A local guy did similar and was made lower the shed by 4ft,

It was leanto type and they lifted the roof with teleporters after cutting the girders and then took 4ft out of the girders, then welded it back together.

Still stihl waters 3

First make sure planning was not granted

Secondly if it wasnt granted start the process by approaching the council and being very forceful about the illegality of the building

dashoonage

https://www.boards.ie/discussion/comment/119234571#Comment_119234571

Thank you, absolutely 100% certain there was no planning permission. im a dap hand at the eplanning tool :)

Still stihl waters 3

https://www.boards.ie/discussion/comment/119233880#Comment_119233880

As its a machinery shed there's probably machinery noise there where once there wasn't

Donald Trump

https://www.boards.ie/discussion/comment/119234602#Comment_119234602

Well I would expect virtually zero noise from a shed used to store machinery. The "noise" of a tractor for 5 minutes reversing in to hitch up to a machine and drive away to work it.

OP, would your parents be what is often referred to as "blow ins"? There are allowances for some shed which can be built without planning permission but being a certain distance from neighbouring houses would be a condition of that. Your description so far is a little ambiguous as the shed is somehow 30m away from the back wall of your parent's house but only 20m away from their bedroom window.

DBK1

https://www.boards.ie/discussion/comment/119237945#Comment_119237945

To the best of my knowledge you don’t need planning permission for a machinery shed so long as it’s mess the 300 sq metres floor area and the total floor area of it and all similar storage sheds in the yard is less than 900 sq metres.

But that does come with the restriction that it has to be more than 100 metres to the nearest dwelling house.

I’d agree about the OP’s measurements, there’s definitely a discrepancy there, or maybe his parents sleep in a tent on the back lawn outside the house and class that as the bedroom!? But all joking aside the best thing to do OP is firstly to properly measure the distance from the house to the shed and if you think there’s an issue then you will have to approach the council. Just be prepared for a fall out from the owners of the shed and possibly a lot of other neighbours too if that’s the route you go.

Still stihl waters 3

https://www.boards.ie/discussion/comment/119237945#Comment_119237945

Virtually zero noise when they're parked, but if a lad is landing back with gear at unsociable hours or starting early then I can see the problem, not to mention repairs or whatever being carried out, if there was never disturbance before and now there's the noise of machinery coming and going its not unreasonable to expect that to continue if proper planning had not been sought, but all speculation on our part if we don't know the full story

elperello

https://www.boards.ie/discussion/comment/119234115#Comment_119234115

Assuming that your measurements are correct the shed is not covered under exempted development regulations.

You have the option of writing to the enforcement section of the local authority planning department outlining your case.

They will investigate your complaint.

dashoonage

Sorry lads, that was a typo. 30m is the correct distance. Still has it right, its the unsociable hours and repairs will be carried out there. Where there wasn't any disturbance before there is now and it will be regular. There was a 7:15am start last Sunday.

Were not blow in's. I was born an raised here and I'm middle aged that will give an indication of how long we have been here.

We have thought about it a bit more any due to the falling out with others factor were just going to have to live with it I think.

Thanks for all the advice.

cap.in.hand.

You could ask that the shed be screened off from your side with evergreen trees/shrubs...they would also muffle noise and be nicer to look at.

minerleague

https://www.boards.ie/discussion/comment/119238142#Comment_119238142

Is this part of existing farmyard? I would make farmer obtain retention planning at least even if you are not going to object.

Mellor

Probably should have left in the the planning and construction forum. A lot of errors are misinformation in the above. It's a matter for the council, but your parents can't insist that retention will not suffice. A retention application will be assess as if they had replied. That would be your opportunity to get conditions attached about hours of operation.

Planning permission was not actually required, but your parents permission was. Without that its not exempt

Suckler

The "Blow in's" questions are irrelevant, they always seem to be asked in these situations.

Donald Trump

https://www.boards.ie/discussion/comment/119238794#Comment_119238794

Not necessarily irrelevant

https://www.independent.ie/business/farming/legal-advice/legal-advice-our-new-townie-neighbour-is-trying-to-stop-us-upgrading-our-parlour-and-is-now-spreading-lies-about-us-on-social-media-how-can-i-stop-him-41532560.html

First quote from the article advice:

Unfortunately, issues can arise when a new person moves to the countryside near a farm, particularly from a town or city.

The OP has however explained they are not blow-ins.

elperello

The main take away point from this is that if you are building a shed you should check the regulations and don't assume that you are covered by the exemptions.

If you have to go for retention it costs more than applying for permission.

Still stihl waters 3

I'd report him regardless, what guarantees have you that he won't build another 1 next year and be fixing stuff all hours of the night and machinery going early and late, if you're parents are used to a peaceful existence I'd at least make sure there's no noise at unsociable hours