Aquaculture - Consenting Task Group: draft consenting pilot process

The Scottish Aquaculture Council set up a Consenting Task Group to identify an efficient and effective aquaculture consenting process which maintains robust assessment of development proposals, but which coordinates and enables appropriately informed regulatory decisions to be made as quickly as possible. 

This proposed framework has been designed as a voluntary pre-application process with four stages.

Consenting Task Group outcomes

• Consenting Task Group 1: Delays in the consenting process are minimised by removing unnecessary downtime, duplication, and non-value-added steps. Improved co-ordination between regulators to facilitate communication and streamline the consenting process
• Consenting Task Group 2: The consenting process provides developers with an early understanding of potential constraints, leading to a reduced time to achieve all consents and ensures developers know and understand information required to support a regulatory decision
• Consenting Task Group 3: The consenting process includes simple, clear mechanisms for informing and facilitating third party engagement. Improved transparency and community engagement by ensuring an effective and meaningful opportunity for communities, consultees, and other interest groups
• Consenting Task Group 4: Identify any remaining issues or areas for further exploration within a continuous improvement project and change ideas

Pilot process principles

• a request to one regulator is treated as a request to all 
• pre-application advice should be properly and efficiently targeted from the start 
• capturing stakeholder knowledge of relevant material considerations early in the development process can avoid later delays and improve relationships 
• information requirements should be targeted and clear to avoid unnecessary work 

Caveats

• the following consenting pilot process is draft and subject to change. It is applicable to agreed finfish applications
• we expect pilot delivery to be an iterative process, with feedback loop. We will not get it right first time. We will build from experience 

Stage one: request for pre-application advice

Process

• developer submits pre-application template to regulators, advisors and statutory consultees  
  • existing confidential/informal pre-app engagement
  • discussion with Crown Estate Scotland on Lease Option Agreement
• Scottish Environment Protection Agency (SEPA) and the Local Authority identify case officers
• SEPA invites regulators, statutory consultees and advisory bodies to advise on the required level of consultation and/ or register nil response
• a joint meeting of regulators, statutory consultees and the developer to discuss the proposal should be considered

Distribution list

Scottish Environment Protection Agency, relevant local authority, Nature Scot, Relevant District Salmon Fisheries Board, Marine Directorate - Fish Health Inspectorate, Marine Directorate Licensing Operations Team, Marine Directorate Science, Northern Lighthouse Board, Maritime and Coastguard Agency, Historic Environment Scotland.

Supporting documents

Standard pre-application template

Suggested timescale

Two weeks

Stage two: provision of joint pre-application advice

Process

• SEPA will begin preparation of a coordinated pre-application advice report
• SEPA will contact regulators, statutory consultees and advisory bodies to request signposting to considerations within their remit and relevant policies ( matters that will need to be considered as part of a formal application)
• regulators, statutory consultees and advisory bodies will be asked to identify where any potential ‘showstoppers’ exist – if identifiable at this stage.
• SEPA will coordinate and compile the report 
• a joint meeting of regulators and statutory consultees will be considered
• SEPA will share draft pre-application advice with the developer, copied to regulators, statutory consultees and advisory bodies
• the developer will review the pre-application advice report. The developer will have 21 days to raise any issues
• SEPA will publish the pre-application advice report on its website

Distribution list

SEPA, relevant local authority, Nature Scot, Relevant District Salmon Fisheries Board, MD - Fish Health Inspectorate, Marine Directorate Licensing Operations Team, Marine Directorate Science, Northern Lighthouse Board, Maritime and Coastguard Agency, Historic Environment Scotland 

Supporting documents

Joint pre-application advice template

Suggested timescale

Eight weeks

Stage three: community and third-party engagement

Process

• the developer will review its community engagement plan 
• the developer will notify relevant community and third parties of the pre-application advice report
• the developer will conduct proportionate third-party engagement using methods best suited to the development proposals and third-party interests. The engagement mechanism preferred by third parties will be met as far as is possible. As part of the engagement exercise, the developer will be clear on the information sought and how information will be used with guidance from SEPA/LAs on-material considerations)
• the developer will submit a community engagement report to SEPA and the local authority 

Distribution list

Standardised list to be agreed based on locale, including, for example; the relevant community c(s) for the area, Regional Inshore Fisheries Group, Fisheries Management Scotland, Royal Yachting Association and other third parties. 

Supporting documents

• Community Engagement Report Template 
• potential to inform future community engagement best practice guidelines
• material considerations are outlined in annex A of the planning circular
• guidance which could be used
  • major Pre-Application Consultation Report (annex C of planning circular)  
  • MD LOT Pre-Application Consultation Report Guidance

Suggested timescale

Not time bound

Stage four: screening/scoping opinion request and issue of a joint scoping opinion report and advice 

Process

• the outputs of community engagement will be reviewed by SEPA and the LA
• the developer will submit an EIA scoping request to the local authority, including what they intend to assess as part of EIA and the proposed information collection methodology. This will include feedback from public/ stakeholder engagement and mitigation where possible
• SEPA will review and update the pre-application report, where necessary, considering the issues raised via third party consultation. The updated report will be published or the developer will request a screening opinion
• the local authority will commence EIA screening and scoping activities 
• where EIA is required, The local authority, with advice from SEPA and other statutory consultees, will review and agree the proposed information collection methodology
• the local authority will coordinate a screening opinion report, and joint pre-application advice and supporting information requirements
• the local authority will share a draft scoping opinion and joint advice report with the developer, copied to regulators and statutory consultees. A meeting will be offered to discuss the scoping opinion and joint advice
• the draft scoping opinion and joint advice report will be published on the local authority website
• the developer will submit collected information to the local authority and SEPA 
• the local authority and SEPA will confirm if the information submitted is sufficient to support an application. Pre-application is complete

Supporting document

Joint scoping opinion and pre-application advice template.

Aquaculture - Consenting Task Group: draft consenting pilot process

File type

7 page PDF

File size

170.9 kB