Planning regs exemptions

Dear all,

Bit of a complicated question, but I will try to make it as clear as possible.

I have been involved in trying to get an unauthorised farm building (class 6 cattle shed and class 8 silage pit) removed. After much dragging of heels by the Council they have agreed that the structure contravenes the Planning and Development Act. However, they have said that under the Planning and Development Regulations (2001) there are exemptions for these Class of structures if they are under 200 sq m. The shed is 300 sq m and the silage pit 250 sq m, so the Council says that the owner may simply reduce the size of the structures to under 200 sq m rather than remove them completely. In the mean time, the owner of the structures has built new farm sheds very close to the existing unauthorised ones (these new ones got full planning permission).

Does this mean the old cattle shed and silage pit if reduced to 200 sq m would no longer be exempt under the 2001 regs as they are effectively new structures within 100m of existing buildings? And would this mean they would then need planning permission?

Very grateful for any help!