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The Planning (Avian Influenza) (Special Development) Order (Northern Ireland) 2008

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Temporary protection of birds from avian influenza

3.—(1) Subject to the provisions of this Article, planning permission is granted for the erection of a building on land to which this Order applies for the purposes of housing poultry or other captive birds to protect them from avian influenza.

(2) Development is not permitted by paragraph (1) if—

(a)the development would affect a listed building or its setting;

(b)the height of any part of the building within 3 kilometres of the perimeter of an aerodrome exceeds 3 metres or 12 metres in any other case;

(c)the area of ground which would be covered by the building erected would exceed 300 square metres;

(d)where development is carried out on the same unit more than once by virtue of paragraph (1), the aggregate of the area of ground covered by any such development would exceed 300 square metres;

(e)where the development consists of the extension of a building, the area of ground covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

(3) Development is permitted by paragraph (1) subject to the following conditions—

(a)the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b)the developer shall, as soon as practicable, and in any event no later than 14 days, after commencing development, serve the relevant notice on the Department; and

(c)within 30 days of the relevant date or within such longer period as the Department may agree in writing—

(i)any building permitted by paragraph (1) shall be removed from the land; and

(ii)the land shall be restored to its condition before the development took place, or restored to such other condition as may be agreed in writing between the Department and the developer.

(4) Article 4(1) and (2) and Article 5 (which provide for directions restricting permitted development) of the principal Order apply to development permitted by Article 3(1) of this Order as if any reference in Article 4 of the principal Order—

(a)to development described in any Part, Class or paragraph in Schedule 1 to the principal Order were a reference to development described in Article 3(1) of this Order; and

(b)to permission granted by Article 3 of the principal Order were a reference to permission granted by Article 3(1) of this Order.

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