Fish farming - permitted development rights: guidance
Guidance detailing the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) which apply to marine and freshwater finfish and shellfish developments (updated April 2021).
Planning authority consultation guidance
83. Statutory consultees for fish farm development are: SEPA, MSS, NatureScot and the local District Salmon Fisheries Board (DSFB). Each will have been consulted on the planning application for the farm before consent was granted. Planning authorities should consult those organisations with a direct interest in the type of PDR being exercised. This is at the discretion of the planning authority. For example, SEPA has no interest in changes to top netting or a feed barge but will have if additional or new style cages are being deployed. Adopting a discrete approach to consultation will ensure that agencies and regulators are not burdened with the registration and case handling demands of issues that are of no consequence to them. However it should equally be noted that there are specific circumstances in which consultation is expressly encouraged in order to ensure that potential effects of the proposed development are sufficiently considered – further information can be found within Table 1 below.
84. Some PDRs could result in impacts on the natural heritage which have not been considered by the Local Authority previously. The Local Authority should exercise discretion in determining the likely significance of any potential impacts, particularly in relation to PMFs.
85. Farm operators are also responsible for ensuring that they comply with all necessary obligations prior to making any change.
86. The following table may be used as consultation guidance for planning authorities for each Class. However it should be noted that consultation is at the local authorities discretion.
Class 21F is not included in the table below as prior notification to the local authority is not a requirement. However, an operator must consult Scottish Government's FHI with regards to any species change proposal and seek the necessary consideration from the planning authority in accordance with the Habitats Regulations where this is required – see paragraph 19 for further details. FHI may alert the planning authority to help ensure obligations under Habitats Regulations have been considered.
| Consultee | SEPA | NatureScot | MSS | DSFB |
|---|---|---|---|---|
| 21A Fin Fish Pens | If change to benthic footprint | Yes if within or affecting European sites, NSAs or a marine designated area or located close to sensitive PMFs Yes where advice on landscape or visual impacts required Larger cage sizes may require advice on use of replacement top nets/ entanglement risk |
MSS FHI should be consulted where changes may affect the location of the site centre point. MSS FHI would also encourage consultation where cage installation/replacement involves cages of size > 120m circumference (and non-circular equivalent) |
Yes in relation to any proposed addition or relocation of cages |
| 21B Feed Barge |
No | If within or affecting European sites and NSAs or MPAs or specific visual impact advice required | No | No |
| 21C Top Nets and Supports | No | Yes if within or affecting European sites, NSAs or a marine designated site. Yes where advice on visual impact or entanglement risk required |
No | No |
| 21D Temporary equipment |
No | If within or affecting European sites, NSAs or marine designated area | No | No |
| 21E Long lines |
If specific advice required | If within or affecting European sites, NSAs or marine designated areas | Yes (inc. carrying capacity advice and site centre point location) | No |
| 21G Moorings |
No | If within or affecting European sites, NSAs or marine designated area. | MSS FHI should be consulted where changes may affect the location of the site centre point. [MS-LOT does not require consultation for PDR of Order. Fish farms should continue to work to any conditions of their marine licence] |
No |
| 21H Fin Fish Pen Nets |
No | If within or affecting European sites and NSAs or MPAs. Yes where advice on entanglement risk envisaged |
No | No |
| 21I Secondary Net Structures |
No | If within or affecting European sites and NSAs or MPAs Yes where advice on entanglement risk envisaged |
No | No |
| 21J Trestles |
No | If within or affecting European sites and NSAs or MPAs | Yes [for info/ FHI site details] | Yes |
| Fallow Fish Farm | Yes [ to ensure CAR up to date where necessary] | Yes | Yes [ FHI/ authorisation checks] | Yes [for notification purposes] |
Contact
Email: fishfarmreview@gov.scot
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