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Nitrate Vulnerable Zones (Nvz) Grant Scheme
ANNEX 2: WHAT STANDARD OF WORK IS REQUIRED?
To meet the minimum standard acceptable for grant the work must:
have a minimum design life of at least 10 years (20 years for those installations covered by the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003);
be properly designed for the agricultural purposes for which it is to be used;
comply with all relevant statutory requirements, in particular the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 and Health and Safety legislation; and
satisfy all relevant British Standards (BS), or other relevant standards acceptable to SEERAD. Your attention is particularly drawn to the provisions of BS5502, Buildings and Structures for Agriculture Parts 11, 22 and 50.
All work should be carried out in accordance with the Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) Dos and Don'ts Guide, and with any higher standards that apply. Copies of the Guide are available free of charge from your SEERAD Area Office. Your professional adviser will be able to advise you on compliance with the Guide.
THE CONTROL OF POLLUTION (SILAGE, SLURRY AND AGRICULTURAL FUEL OIL) (SCOTLAND) REGULATIONS 2003
The construction standards in the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 (SSI 2003/531) apply to new slurry storage systems and to those which are substantially enlarged or reconstructed. The Regulations also require that the systems have a design life of 20 years and that, unless SEPA agree otherwise, they have a minimum of 6 months storage capacity.
CONTROL OF POLLUTION ACT 1974 (AS AMENDED)
It is an offence under the Control of Pollution Act 1974 (as amended) to cause or knowingly permit a discharge of any poisonous, noxious or polluting material or solid waste matter into any controlled waters without the proper authority. "Controlled waters" include groundwater and all coastal or inland waters, including lakes, ponds, rivers, streams, canals and ditches. "Proper authority" is usually a consent to discharge granted by SEPA.
PLANNING PERMISSION
The rules regarding the erection of livestock buildings are clearly defined in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. In broad terms, planning permission is required for the following:
development on farm holdings of less than 0.4 hectares;
any building over 12m in height or 3m in height if within 3km of an aerodrome;
any development within 25m of the metalled portion of a trunk or classified road; or
the construction or carrying out of any works to a building used, or to be used, for intensive livestock accommodation or storage of slurry or sewage sludge where that building is within 400m of a "protected building". A protected building is a building normally occupied by people but does not include buildings forming part of a working farm or certain special industrial buildings.
Under the Order, prior notification procedures apply to the erection of any new agricultural buildings or significant alterations or extensions to existing buildings, i.e. where the cubic content is being increased by more that 10% or the height is greater than the original. This gives the Planning Authority 28 days to request further information on the proposed development.
Developments may still require to be notified to Scottish Natural Heritage (SNH) if they are within a Site of Special Scientific Interest (SSSI) designated under the Wildlife and Countryside Act 1981 and are listed as Potentially Damaging Operations.
In addition to the foregoing, anyone intending to build or significantly alter or extend a building, even if the development is deemed permitted, is required to notify the planning authority of their intention to carry out such development, for a determination as to whether planning authority prior approval will be required over details of the siting, design and appearance of the building. Under the 'determination' procedure, the planning authority has 28 days for initial consideration of the proposed development. If no notice is given by the authority within 28 days that prior approval is required, then the developer can proceed as permitted development. If, however, notice is given that prior approval is required, then the developer will be required to seek planning permission.
Building Regulations
Buildings erected on agricultural land are exempt from the Building Standards (Scotland) Regulations, except where:
the building exceeds 2000cb.m capacity;
the building is to be erected within 10m or the equivalent of its height (whichever is the lesser) of the boundary of a building which is a dwelling or institutional or other residential accommodation;
an independent wall exceeds 2m in height; or
the building is a dungstead or farm effluent tank (including a slurry or silage effluent tank).
Claims for grant must be supported by the appropriate building warrant and the certificate of completion issued by the Building Control Authority, or by a letter from them which indicates that a building warrant was not required.
Without such supporting documents, no grant will be paid.
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