1. This circular explains the provisions of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (the GDPO) as amended by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Orders of 2012 and 2018 together with The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020. This is as a consequence of reviews/amendments to permitted development rights (PDR) for finfish and shellfish developments which were originally introduced in 2012. The various Orders can be found via the links below:
2. The GDPO as amended applies to both freshwater and marine farms and to finfish and shellfish sites including those which have been granted planning permission through the Scottish Government Audit and Review process. Further information on the Audit and Review process can be found via the Scottish Government webpage on planning permission for fish farm developments available here. It also applies to sites which were granted planning permission under The Town and Country Planning (Marine Fish Farms Permitted Development) (Scotland) Order 2011.
3. Whilst generally permitted development rights can only apply to lawful farms, a fish farm will not lose the ability to enjoy permitted development rights if the only reason it could be considered to be unlawful is a past failure to prior notify of changes to the planning authority which no longer require such prior notification as a consequence of amendments made under the 2018 Order.