Publication - Advice and guidance

Fish farming - permitted development rights: guidance

Published: 20 Apr 2021
Directorate:
Marine Scotland Directorate
Part of:
Marine and fisheries
ISBN:
9781800049345

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).

22 page PDF

381.2 kB

22 page PDF

381.2 kB

Contents
Fish farming - permitted development rights: guidance
Introduction

22 page PDF

381.2 kB

Introduction

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:

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

The Town and Country Planning (General Permitted Development)(Fish Farming)(Scotland) Amendment Order 2012

The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012

The Town and Country Planning (General Permitted Development)(Scotland) Amendment Order 2018

The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020

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.


Contact

Email: fishfarmreview@gov.scot