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Planning Permission and DAFF Specification for ICWs

Planning Permission and DAFF Specification for ICWs. Dr Robert Leonard Department of Agriculture, Fisheries and Food. Introduction. Planning Permission for ICWs Nitrates Regulations DAFF Specification S.133. Planning Permission. Planning permission is required:

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Planning Permission and DAFF Specification for ICWs

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  1. Planning Permission and DAFF Specification for ICWs Dr Robert Leonard Department of Agriculture, Fisheries and Food

  2. Introduction • Planning Permission for ICWs • Nitrates Regulations • DAFF Specification S.133

  3. Planning Permission • Planning permission is required: • In respect of any development of land, not being exempted development, and • In the case of development which is unauthorised, for the retention of that unauthorised development.

  4. What is a Development? • “the carrying out of any works, on, in, over or under land, or the making of any material change in the use of any structure or other land”

  5. What is a Structure? • “any building, structure, excavation or other thing constructed or made on, in, or under any land or any part of a structure so defined”

  6. What are Works? • “any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal”

  7. ICWs and Planning Permission • ICWs always require planning permission. • ICWs are not listed as exempt development • Site assessment must be completed prior to application for planning permission

  8. Nitrates Regulations • 1st version was S.I. 788 of 2005 • Came into force on1st February 2006 • Current version is S.I. 610 of 2010 • Full title: European Communities (Good Agricultural Practice For Protection Of Waters) Regulations 2010. • Commonly referred to as “Nitrates Regulations”

  9. Nitrates Regulations • All slurry effluent stores and ICWs to be built to specifications as released from time to time by Minister for Agriculture and Food (article 6). • Governs minimum storage durations • Governs spreading conditions and dates • Covers volumes of excreta produced by animals

  10. Nitrates Regulations • Farmers may spread only as much fertiliser as their crops need. • Fertilisers must not be spread at times of the year when the crops are not able to use them. • All livestock manures and other organic fertilisers contain nitrogen and phosphorus.

  11. Nitrates Regulations • Even in areas where water quality is still good, EU law means that surplus nitrogen and phosphorus must not be allowed to get into it. • The Regulations include rules for using chemical fertiliser as well as livestock manure and other organic fertilisers.

  12. DAFF Specification S.133 • Main document for Farm use of ICWs • Required to be followed under Nitrates regulations (article 6) • ICWs only for Farmyard soiled water • Follows Guidance Document prepared by DECLG

  13. DAFF Specification S.133 • Requires appropriately trained site assessors approved by the relevant Planning Authority. • Requires Construction Supervisor to be either Chartered Construction Professional or to have successfully completed specialised training • Discharge licence required for every farm ICW.

  14. Conclusions • Planning Permission required for all ICWs – Waste Water Treatment Plants and Farmyard • All ICWs to follow guidance document • Farm ICWS to follow DAFF spec S.133

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