TWO Fermanagh farmers have been ordered to demolish sheds after the Planning Appeals Commission (PAC) rejected appeals against enforcement notices handed down by Fermanagh and Omagh District Council. 

The sheds,  one situated in Rosslea and the other in Derrylin, were both found to be in breach of planning rules, with third-party complaints being made by nearby residents in each case.

Commissioner Carrie McDonagh ordered that the sheds, both of which were erected to house pigs, were unlawfully erected and must be demolished. While these decisions were appealed, but both were refused last month.

However, planning is currently being sought to change the use of the shed in Rosslea to an "agricultural building for general farm storage purposes". A decision has not yet been taken by the Council. 

Documents from the PAC reveal that an investigation into the "unauthorised erection" of this shed resulted in an enforcement notice being served in September 2022.

In the report, Commissioner McDonagh noted that the building was approximately 44m long, 12.85m wide, with a total footprint area of 532sq metres.

The appeal considered whether the development results in an "unacceptable adverse impact on residential amenity, natural heritage, and road safety."

Commissioner McDonagh said: "Whilst travelling around the area I experienced a significant level of noise, which I would describe as adverse mainly due to pigs squealing.

"There were also several associated thudding noises. The noise escalated when I parked at and entered the yard area."

She concluded that a number of nearby properties would be adversely impacted by this noise.

The shed was also found to be within 7.5km of 13 designated sites, including Special Areas of Conservation (SACs) and Areas of Special Scientific Interest (ASSI).

The Northern Ireland Environment Agency (NIEA) did not have any air quality concerns relating to ammonia emissions as contributions do not exceed thresholds. However, the report also noted that Council officials disagreed with this analysis, drawing support from Shared Environmental Services (SES).

The key issue was Kilrooky Lough, which authorities argue that background ammonia levels were already at 340 per cent of critical levels.

The Commissioner also raised concerns about whether slurry from pigs can be "satisfactorily disposed of," although she did not sustain objections on road safety or public health.

The original enforcement notice in September gave the farmer 30 days to demolish the building, but as part of the appeal process, it was asked if this could be extended to four months to give time to empty the tank and complete a pig production cycle.

This request was refused, along with the overall appeal.

"The slurry tank and the buildings are easily accessible from the roadside and could be emptied and demolished with relative ease," Commissioner McDonagh said.

Meanwhile, in September 2022, an enforcement notice was served on another pig house near Derrylin. Again, this called for the demolition of the building.

The notice alleged the "unauthorised erection of a building and associated underground tank, which is used for the keeping and rearing of pigs and the laying of a hardcore area."

An appeal was lodged, but this was refused by Commissioner McDonagh on October 23.

According to the report, the building measures approximately 32m long, 15m wide, and is 480 m².

In this case, the NIEA had said it had concerns around ammonia emissions, with the shed and proposed lands for slurry spreading within 7.5km of 11 different protected sites.

Responding to those concerns, the farmer changed the appeal development by adding in an exhaust air purification system, which could reduce ammonia emissions from the shed by 70 per cent.

In addition, slurry would be applied using low-emission slurry spreading equipment.

However, Commissioner McDonagh noted that while the development "would not adversely affect the integrity" of a number of sites, there was "reasonable scientific doubt" regarding the Cladagh (Swanlinbar) River.

"Cladagh (Swanlinbar) River SAC/ASSI is 1.43km from the appeal building and 3.7km from the nearest land spreading location," the report read.

"The river starts in County Cavan in the Republic of Ireland (ROI) with the freshwater pearl mussel located within an undisturbed central section of the river channel which is the qualifying feature of the SAC/ASSI.

"This rare shellfish is a European protected species at risk of extinction and is found in only a few sites in Northern Ireland."

Trannish ASSI and Knockninny ASSI are also located near the building, and both are exceeded by the current background load of ammonia.

Overall, Commissioner McDonagh refused the appeal, and the farmer was given three months to remove slurry and demolish the shed.