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Conditions on the Planning Permission
10. There are broadly three conditions on the grant of temporary planning permission. Firstly, the development carried out can only be used where necessary to house poultry or other birds to protect them from avian influenza. Where, for example, structures were erected outwith a declared zone within which birds were required to be housed, or were used within a zone to house any animal other than birds or to store equipment (other than that required in relation to birds housed in the structure), then the development may be open to enforcement action by the planning authority.
11. The second condition is a requirement to give notice of the new structure to the planning authority within 14 days of starting development. That notice must contain:
(a) the name of the developer;
(b) the address or location of the development (including a site plan and grid reference);
(c) the name and address of the owner and occupier of the land on which the development is being carried out;
(d) a description of the development (including a description of the type of poultry or other captive birds to be protected); and
(e) the date on which development commenced.
12. The notice allows planning authorities to keep a track of structures erected under Class 72A and whether they comply with the conditions and limitations. The description of the development should include, amongst other things, details of the dimensions of any structure.
13. The third condition relates to the removal of the structures erected under Class 72A by 26 March 2008 or, if earlier, the date when the buildings are no longer needed to protect birds from avian influenza. It is considered that it would be unlikely that such need would continue to exist after the date on which the Scottish Ministers either revoke a zone by declaration, or amend the requirements associated with a zone, again by declaration 2. Upon removal of the structures, the land must either be restored to its condition prior to the development being carried out or to a condition agreed in writing between the developer and the planning authority.
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