An Coimisiún Pleanála has ruled that the use of a shed on a Co. Wexford farm to house pigs is not exempted development and will therefore require planning permission.

The ruling follows a referral by Wexford County Council in relation to the farm at Killinick owned by Premier Pigs Ltd.

Wexford County Council asked the planning authority to determine whether the current use of an existing shed in the southeast corner of the farm to house pigs constituted change of use.

The referral also asked if the construction of slatted tanks, raised ground level and the addition of concrete ramp required retention planning permission.

The farm, located off the N25 around halfway between Wexford town and Rosslare, has been the subject of several planning cases over the years.

In 2023, An Bord Pleanála, now known as An Coimisiún Pleanála, ruled that a material change of use had occured on the farm.

This decision was later appealed by Premier Pigs to the High Court which quashed the order and returned it to the planning board for review.

Planning

In its referral, Wexford County Council stated that planning permission was granted in 2008 on the site for an agricultural shed of 1,012m².

The council said the permitted plans do not show a raised floor area, slatted tanks or access ramp.

It also claimed that the completed shed is 677m² larger and the ground level is 2 metres higher, than indicated on drawings.

"As the sheds were previously used for housing cattle, the move to pigs is a change of use and screening for Environmental Impact Assessment (EIA) would be required.

"Ridge heights, floor areas and distance to a public road are all exceeded and so permission is required," the council said.

Pig farm

In response, Premier Pigs Ltd said that the current use of the shed to house pigs does not require planning permission, adding that it was exempted development.

They noted that planning permission was granted for an agricultural shed, which was not limited by any conditions and no change of use was required.

During a Teagasc inspection on November 7, 2024, there were 1,636 pigs on site, while the facility could accommodate 1,792 pigs.

Premier Pigs Ltd said that this is below the threshold for an Industrial Emissions licence and below that for mandatory EIA.

In November 2023, the Environmental Protection Agency (EPA) confirmed that an Industrial Emissions licence was notrequired for the site.

They said that the alleged works to the shed in 2009 are not relevant and not appropriate matters to be considered in a Section 5 referral.

They claimed that the council were trying to link these works with "a permission to demonstrate non-compliance, in order to continue with enforcement action".

Premier Pigs Ltd criticised the process used by council in the referral, including that correct names and addresses were not given.

They claimed purpose of the referral was to oblige the company into applying for retention permission.

Residents

A number of observations were made in relation to the referral from local residents who outlined their concerns about the impact of housing pigs on the site, including noise, odour and vermin.

They also pointed to additional developments on the site such as the installation of new feed silos, chimneys and solar panels.

The residents who have been raising their concerns with Wexford County Council since 2017 claimed that this "commercial scale pig operation has severely impacted our lives and property".

Inspection

Planning inspector Stephen Rhys Thomas, who visited the site on May 2, 2025, said the purpose of a referral was “to determine whether or not the matter in question constitutes development and if so falls within the scope of exempted development”.

On the day of my his visit, the inspector said the "facility was occupied by a number of pigs, some pens were empty, no excessive odours or noise detectable".

He 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".

"The planning authority (council) refer to additional floor area, the owner/occupier disputes this and in any case, I have no verifiable drawings on file to compare what was permitted and what now stands on the site," he said.

The inspector determined that the "use the existing shed to intensively fatten pigs" is "different to that which would be expected to be carried out in the shed originally permitted and based upon the plans approved".

"Understandably and in common with issues raised by observers, this new enterprise raises new planning considerations that should be assessed and hence the change is material and constitutes ‘development’," he said.

Ruling

An Coimisiún Pleanála upheld the inspector’s report ruling that the use of the shed to house pigs and associated works to do with the intensive keeping of pigs on the site is not exempted development.

However, the board ruled the construction of slatted tanks, the raised ground level and the addition of concrete ramp on the site is exempted development.

The commission noted that "questions regarding compliance with the terms and conditions of a planning permission, as well as the investigation and sanctioning of unauthorised development, are matters more appropriately dealt with by the planning authorities and the courts".

It added that "the commission has no role in the resolution of such matters".