Permitted development rights for fin fish and shellfish developments: consultation

7. Proposed New Class of PDR

The following new classes have been identified for inclusion in PDR. All new classes will be subject to the same condition introduced by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No.2) Order 2012 regarding equipment which falls into disrepair. This ensures there are protections in place to allow the removal any equipment that becomes an obstruction or danger to navigation.

7.1 21G - New Class - Moorings & Anchors

As part of a fish farms operation, mooring parts and associated equipment may be replaced from time to time or removed from the water for inspection. This is a requirement necessary to ensure site integrity and containment. Mooring equipment is currently not covered by PDR. We propose that a mooring PDR class should be included in the Order that only applies to changes to moorings and anchors where there are no associated changes to surface equipment under a different class or consent.

• Farms should be able to replace a mooring or anchor with a mooring or anchor of the same size and design, in the same location. This should not require prior notification unless a farm is located within a European site* or a nature conservation Marine Protect Area (Habitats Regulation Appraisal will be required in such instances).
• Farms should be permitted to replace a mooring or anchor of a different size and design, in the same location. Prior notification is required.
• Farms should be permitted to relocate a mooring or anchor with the area of the existing mooring area. Prior notification is required.
• Farms should be permitted to add an additional mooring(s) within the area of the existing mooring area. Prior notification is required.

* European site as defined by Amendment of the Conservation (Natural Habitats, &c.) Regulations 1994 - also known as Natura sites.

Question 10 - Do you agree that fish farms should be able to replace a mooring or anchor with a mooring or anchor of the same size and design, in the same location, without prior notification (European sites and ncMPA will require prior notification)?

Question 11 - Do you agree that farms should be able to replace a mooring or anchor with a mooring or anchor of a different design in the same location, and that farms should be permitted to relocate a mooring or anchor within its boundary, with the condition of prior notification?

7.2 21H - New Class (cage nets)

As with top nets and supports (Class 21C), cage nets are frequently changed as part of operational requirements of a fish farm. This includes for net cleaning purposes, repairs and general maintenance and in line with increases in fish size/ containment requirements.

• We consider that replacement of a cage (or pen) net should be permitted with a net of the same or different colour and design.
• 'Like for Like' changes should not require prior notification .
• Changes in the depth/ size or volume of the net will not be permitted under this class.

7.3 21I - Secondary cage structures

Fish farms on occasion require use of secondary net structures (fixed to the main cage or pen) which may not have been considered at the planning stage. Examples include additions of sea lice skirts, wrasse hides, predator nets and false bottoms. Addition of secondary structures may change with fish health requirements on site.

• We consider that secondary net structures should be permitted within PDR, with the requirement of prior notification.

Question 12 - Do you agree that replacement of cage net with a cage net of the same size, colour and design, should be permitted by PDR without prior notification?

Question 13 - Do you agree that secondary net structures should be permitted by PDR with the requirement of prior notification to the local authority?

7.4 21J - New Class (trestles)

PD currently has a class for operators farming shellfish using long lines. In order to benefit other methods of farming within the shellfish sector we consider that PDR should be extended to trestle sites. Trestles are commonly used in shellfish farming in Scotland.

• This class will allow the placing or assembly of additional trestles within the area of an existing shellfish (trestle) farm and allow for:

  i) replacement of a trestle in the same location, of the same size, colour and design. Prior notification is not required.
  ii) relocation of an existing trestle within an existing farm boundary. Prior notification is required.
  iii) installation of additional trestle(s), where the additional trestles are of the same size, colour and design of existing equipment.

  • The number of additional trestles permitted should limited to 10% of the original farm.
  • Prior notification for additional trestles is required.

Question 14 - Do you agree that trestle sites should be permitted to replace trestles with trestles of the same design without prior notification?

Question 15 - Do you agree that relocation of a trestle within an existing farm boundary should be permitted with the condition that the local authority receives prior notification?

Question 16 - Do you agree with the additional trestle limits set by this class PD and the requirement for prior notification?