Wexford pig farm found in breach of planning regulations
Wexford PeopleA pig farm located on the main road between Wexford town and Rosslare Europort has been found in breach of planning regulations.
The farm, which is situated approximately 160m off the N25 in Killuger, has been the subject of a number of planning objections over the past seven years with An Bord Pleanála deeming it in breach of regulations in 2023.
That decision by An Bord Pleanála (now An Coimisiún Pleanála) to find the pig farm was based on an “intensification of use” and was considered a significant step for nearby residents who have complained about the odours coming from the facility since 2018.
However, the owners of the farm, Premier Pigs Ltd, subsequently appealed that decision to the High Court which quashed it and returned it to ACP for further review.
Separately, in 2022, Wexford County Council (WCC) won a court case against the farm under the Air Pollution Act thus compelling Premier Pigs Ltd to take actions to reduce the odours emanating from the facility. Then, in December 2023, the Environmental Protection Agency (EPA) ruled that the pig farm does not require an industrial emissions licence.
Now, An Coimisiún Pleanála (ACP) has made two further rulings regarding the ongoing activities at the site, one in favour of Premier Pigs Ltd and one against.
These rulings centred around one of the sheds used to house pigs at the facility, and the construction of slatted tanks and concrete ramps in the same.
ACP Inspector Stephen Rhys Thomas visited the site on May 2 of last year and noted that, on the day in question, “the facility was occupied by a number of pigs, some pens were empty (and) no excessive odours or noise (were) detectable.”
In his report, Mr Rhys Thomas outlined the purpose of his inspection, namely to determine whether the agricultural shed in the southeast corner of the farm was being used without the relevant permissions, and whether additional works carried out on the shed required Premier Pigs Ltd to apply to WCC for retention.
According to Premier Pigs Ltd, the shed in question did not require planning permission as it is an exempted development.
With regard to the works carried out in the shed, which include the construction of slatted tanks, Premier Pigs Ltd stated that as the shed was previously used for agricultural purposes (housing of cattle) these works did not constitute a change of use and therefore comply with planning regulations.
Premier Pigs Ltd noted that when planning permission was originally granted for the shed in 2008 it was “not limited by any conditions”.
However, WCC stated that the “subject shed is larger than permitted” and works have been carried out which contravene the Planning and Development Act (2000).
“As the sheds were previously used for housing cattle, the move to pigs is a change of use and screening for an Environmental Impact Assessment (EIA) would be required,” the council stated. “Ridge heights, floor areas and distance to a public road are all exceeded and so (planning) permission is required.”
At the centre of this case are a small number of residents who live opposite the pig farm and who have repeatedly raised concerns regarding what they describe as the “unimaginable” smell coming from the farm.
Those residents were given the opportunity to voice their objections in ACP’s report and they referenced WCC’s successful court ruling regarding the emissions coming from the farm in 2022. They also highlighted some additional developments at the facility including new feed silos, chimneys, and solar panels, and queried the regulations regarding the holding and spreading of waste at the farm.
Focusing on the shed and whether the activities therein are in breach of planning regulations, Mr Rhys Thomas said he was “certain that works of some kind, such as internal divisions, construction of a holding tank for effluent, raised floor area and external access ramp, were carried out and that these facilitated the agricultural uses now evident on site.”
“I have no verifiable drawings on file to compare what was permitted and what now stands on the site,” continued the inspector who ultimately concluded that, although the shed was still being used for “agricultural enterprise”, a change of use had occurred when the owner had moved into intensive pig farming.
Concluding, the inspector stated that, in his opinion, the current use of the shed was therefore in breach of planning regulations. However, in the case of the stated works carried out in the shed, Mr Rhys Thomas said these were exempted development and had been constructed within the realms of planning laws.
ACP upheld the inspector’s recommendations, meaning Premier Pigs Ltd must now apply to Wexford County Council for planning permission to operate its piggery out of the shed in question.
On the odour issue and the ongoing campaign of the residents, ACP said these matters would be “appropriately dealt with by the planning authorities and the courts, and that the Commission has no role in the resolution of such matters.”