1. ICW AWARENESS SEMINAR 28 th June 2011 Planning Permission and DAFF Specification for ICWs Dr Robert Leonard Department of Agriculture, Fisheries and Food

2. ICW AWARENESS SEMINAR 28 th June 2011 Introduction Planning Permission for ICWs Nitrates Regulations DAFF Specification S.133

3. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 What are Works? “any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal”

7. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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. ICW AWARENESS SEMINAR 28 th June 2011 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