The Planning (Avian Influenza) (Special Development) Order (Northern Ireland) 2015

This Order may be cited as the Planning (Avian Influenza) (Special Development) Order (Northern Ireland) 2015 and shall come into operation on 15th April 2015.

This Order applies in relation to land within the boundaries of a controlled zone, H5N1 controlled zone, wild bird control area or wild bird monitoring area declared by the Department of Agriculture and Rural Development and to any identified premises.

In this Order—

• “any identified premises” means any land, building or other place identified by the Department of Agriculture and Rural Development in a notice containing the address, written description of the premises and a plan indicating its location, which is not a controlled zone, H5N1 controlled zone, wild bird control area, or wild bird monitoring area;

• “avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

• “controlled zone” has the same meaning as in regulation 2 of the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 20072;

• “existing”, in relation to any building, means existing immediately before the carrying out, in relation to that building, of development described in Article 3(1);

• “H5N1 controlled zone” has the same meaning as in regulation 2 of the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 20073;

• “other captive bird” means any bird other than poultry that is kept in captivity and includes a bird kept for shows, races, exhibitions, competitions, breeding or selling;

• “poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

• “the principal Order” means the Planning (General Permitted Development) Order (Northern Ireland) 20154;

• “relevant date” means whichever is the earlier of the following dates—

  1. a

     the date on which the use of the buildings permitted by Article 3(1) ceases; or

  2. b

     the date on which the controlled zone, H5N1 controlled zone, wild bird control area or wild bird monitoring area referred to in Article 1(2) is revoked;

• “relevant notice” means a notice signed and dated by or on behalf of the developer and containing—

  1. a

     the name of the developer;

  2. b

     the address or location of the development (including a site plan and grid reference);

  3. c

     the name and address of the owner and occupier of the land on which the development is being carried out (if different from sub-paragraph (a));

  4. d

     a description of the development (including the type of poultry or other captive birds to be protected); and

  5. e

     the date on which the development commenced;

• “unit” means land which is occupied by the same person;

• “wild bird control area” means a wild bird control area as defined in regulation 2 of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007;

• “wild bird monitoring area” means a wild bird monitoring area as defined in regulation 2 of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007.

Any reference in this Order to the height of a building is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building in question or, where the level of the surface of the ground on which it is situated is not uniform, the level of the highest part of the surface of the ground is adjacent to it.

Subject to the provisions of this Article, and regulations 57 and 57A of the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 19955, 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.