Planning Circular 1/2007: planning controls for marine fish farming

ANNEX E

Town and Country Planning (MARINE FISH FARMING) (Scotland) rEGULATIONS 2007

1. New fish farms and modifications to existing fish farms will be subject to local authority planning control whilst planning permission for the operation of existing farms is granted by the Scottish Ministers under provisions contained in section 31A of the Town and Country Planning (Scotland) Act 1997.

2. The provisions in the Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007 ( SSI 2007/175) relate to existing fish farms. These Regulations specify the type of case where an application for planning permission must be made, the information required in the application and those who shall be consulted by Scottish Ministers.

3. Regulation 2 requires that where Regulation 2(1) applies, before Ministers may grant planning permission under section 31A an application for planning permission for the operation of the marine fish farm must be made to the Scottish Ministers. Regulation 2(2) states that Regulation 2(1) applies where the operation of the marine fish farm on 1 April 2007 is permitted by an authorisation granted pursuant to an application for such authorisation made before 14th March 1999. In effect, this is consents or works licences not already considered under the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999.

4. Regulation 3 sets out that an application for such permission shall contain certain specified information and identifies what that information is. Regulation 4 sets out the bodies that Ministers shall consult before granting planning permission.

5. Regulation 5 provides that in the course of considering the application for planning permission, Ministers may require, from the applicant, additional particulars, documents, materials or evidence which they consider they require to enable them to deal with the application.

6. These Regulations were laid on 7 March 2007 coming into force on 1 April 2007.