Fish farming - permitted development rights: guidance

Description of permitted development rights

Class 21A – Replacement, relocation or installation of an additional finfish pen

42. This class allows operators to place or assemble equipment within the area of an existing fish farm for the purpose of;

• Replacing an existing fin fish pen;
  • in the same location with a finfish pen of a different size, colour or design;
  • in a different location with a finfish pen of a different size colour and design;
  • in a different location with a finfish pen of the same size, colour and design.
• Relocation of an existing finfish pen; and
• the installation of an additional finfish pen.

43. Conditions are such that, with the exception of the replacement of finfish pens with a finfish pen of the same size, colour and design in a different location and the relocation of an existing fin fish pen, development is not permitted by this class

• Where the new pen, if circular, would have a circumference greater than 200 metres; or if not circular, would be greater than 3182 square metres in area; and
• The replacement or installation of a pen results in:
  • the surface area of waters covered by the equipment comprising the fish farm as altered or extended being equal to or greater than 20,000 square metres OR
  • The surface area of the waters covered by the equipment comprising the fish farm as altered or extended
    (i) increasing by more than 1,100 square metres; or
    (ii) increasing by more than 10%,
    than the surface area of the waters covered by the original equipment.

44. Note: All development under this class is subject to the condition that there is no increase in the consented biomass. Following any application of PDR under this Class at a specific site, if any increase in biomass is required it must be ensured that the necessary amendment of any permissions, consents and licences under which the fish farm operates has taken place to accommodate such a change prior to any increase in biomass being made at that site.

45. All development under this class requires prior notification to the planning authority. The initial information to be provided with prior notification is described within the GDPO (as amended) and further information may be requested by the planning authority on a case by case basis. Permitted development must be exercised in accordance with the determination of the planning authority.

46. If proposed changes under this class are likely to alter the position or change the benthic footprint of the existing farm then it must be ensured that such changes continue to comply with the requirements of the Controlled Activities Regulations (CAR). Discussion between the operator and the Scottish Environment Protection Agency (SEPA) may be helpful to determine whether any additional information is expected to be required to support the proposed change. It is strongly advised that such discussions take place in advance of submitting prior notification to the planning authority.

47. Relocation and replacement of cages may require consultation with NatureScot, particularly in designated landscapes such as National Scenic Areas (NSAs), protected marine areas or cases where the Planning Authority deems there to be a risk resulting in significant impacts on a Priority Marine Feature (PMF).

48. Where prior notification is received for the addition or replacement of a finfish pen and the new pen is of a circumference greater than 120m (circular pens) or of a surface area greater than 1146 square metres (for non-circular pens), the planning authority are strongly encouraged to consult with Marine Scotland Science (MSS) as to the suitability of the equipment/infrastructure and whether prior approval may be required.

49. For the avoidance of doubt, permitted development rights conferred by the Order for this class of development can be used on more than one occasion provided that the conditions, including those relevant to the size of the new equipment and the surface area of the waters covered by the equipment, are adhered to. A prior notification fee is payable in respect of each individual application submitted to determine whether prior approval for the proposed development is required.

Class 21AA – Replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design

50. This class allow operators to place or assemble equipment within the area of an existing fish farm for the purpose of replacing an existing finfish pen in the same location with a pen of the same size, colour and design.

51. This type of development can take place without prior notification to the planning authority [other than where the fish farm is a fallow fish farm].

Class 21B – Replacing or repositioning a feed barge at a finfish farm

52. An operator may replace or reposition an existing feed barge, provided that -

prior notification is given to the planning authority as to its size, colour, design and, if relevant, new position and the PDR is exercised in accordance with its determination.

53. The replacement or reposition of a barge under this PDR includes the subsequent required replacement or reposition of associated equipment, such as moorings and anchors and repositioning of feed pipes.

Class 21C – Replacing top nets and supports

54. An operator may replace an existing top net or support with a top net or support of the same size, colour or design or of a different size, colour or design, provided that prior notification is given to the planning authority where the size colour or design of the new netting is to be different to that already permitted on site.

55. Development is permitted under this class without prior notification where changes to the top net or supports are 'like for like' or of the same size, colour and design other than where the fish farm is a fallow fish farm.

56. Where changes to the equipment in use are proposed the planning authority should have regards to visual impacts and potential increases to net area and mesh size (and therefore entanglement risks) and exercise discretion in determining whether to consult with NatureScot. In determining whether to contact NatureScot any existing agreements and/or guidance documents relating to the use of top nets should be taken account of.

Class 21D – Deploying equipment temporarily (excluding fish pens) at a finfish farm

57. An operator may deploy any equipment on a temporary basis (excluding fish pens and equipment permitted by another PDR), provided that;

• prior notification is given to the planning authority as to size, colour, design and position of the equipment and the PDR is exercised in accordance with its determination;
• deployment of the temporary equipment does not increase the total surface area of the waters covered by permanent equipment by more than 1%;
• if a feed barge is present on the site, the height of the temporary equipment does not exceed 50% of the height of any feed barge. Feed barge height is measured from the surface of the water to the top of the feed barge (not including any appendages) and should be the height taken when the feed barge is empty i.e. at its maximum height above the water;
• if no feed barge is present, the height of the temporary equipment may not exceed 2.5m;
• that each item of equipment may be deployed for no longer than a three month period, with a 12-month period between each 3 month deployment.

58. Additionally, the operator must notify the planning authority when temporary equipment has been removed, within 14 days of removal taking place.

Class 21E – Placing or assembly of a long line for use in shellfish farming within the area of an existing fish farm

59. An operator may replace a long line with a long line of the same size, colour and design without providing prior notification to the planning authority, except where the farm in question is a fallow fish farm

60. Where an operator wishes to replace a long line in a different location prior notification to the planning authority is required. Relocation of long lines may potentially allow lines to be placed closer to the edge of the consented area which may affect the area of benthic impact. The planning authority should consider the risk posed to any priority marine features and should exercise discretion in determining potential significance seek to consult with NatureScot in this instance.

61. An operator may place or assemble one additional long line of the same size, colour and design as those already on site for every 6 long lines of the original farm.

Class 21F – Change of use (change of species)

62. Operators wishing to utilise this class of PDR must consult SEPA (where changes to any associated CAR licence are required – for example the existing licence does not list the species to be farmed).

63. The operator must also apply to the Scottish Government's Fish Health Inspectorate (FHI) prior to making any changes to species held on site. Changes to the aquaculture species to be held on site must be notified at least 30 days in advance of any proposed change (or as specifically stipulated in the conditions of Aquaculture Production Business authorisation).

64. An operator may change the use of their farm from that of production of Atlantic salmon to production of either sea trout (and the reverse), rainbow trout (and the reverse) or halibut.

65. The Town and Country Planning (General Permitted Development)(Scotland) Amendment Order 2018 introduced change of use (production species) for shellfish farmers. An operator may change the use of their farm from;

• mussels or pacific or native oyster cultivation to scallops;
• scallops or pacific or native oyster cultivation to mussels;
• pacific oyster, mussel or scallop cultivation to native oyster.

66. The class does not permit any changes to farm equipment. Any species changes must be accommodated within the equipment permitted on site.

Class 21G – Mooring replacement, relocation and installation

67. Class 21G allows an operator to place or assemble equipment within the area of an existing fish farm for the purpose of replacing a mooring in the same location with a mooring of the same or a different size, colour or design.

68. An operator may also relocate an existing mooring or install an additional mooring with the existing planning boundary.

69. Development under this class, other than where the development is the replacement of an existing mooring in the same location with a mooring of the same size, colour and design (and that location is not within a European site or nature conservation MPA), requires prior notification to the planning authority.

70. Development must take place within the existing permitted farm boundary. Where changes to the surface equipment are desired, this must be dealt with through a separate class of PDR or by submission of planning application to the planning authority.

Class 21H – Replacement of fin fish pen nets

71. This class allows an operator to replace a fin fish pen net with a fin fish pen net of the same size, colour and design and placement of associated equipment such as down ropes, without the requirement of prior notification to the local authority.

72. Development which includes the replacement of fin fish pen net with a net of a different colour or design may also permitted under this class. Where nets are to be of a different colour or design the operator must prior notify the planning authority.

73. A change to the fin fish pen net volume under this class of development is not a PD right.

Class 21I – Placing or assembly of secondary net structures

74. Class 21I allows an operator to place or assemble a net structure which is secondary to the main containing finfish pen net, such as sea lice skirts and predator nets.

75. Prior notification to the planning authority is required for all secondary net structures to allow for consideration of prior approval and associated environmental screening where necessary.

76. Some net structures, such as wrasse hides, are seen to be de minimis changes. It is good practice for an operator to consult with the planning authority where any uncertainty remains.

77. Addition of secondary net structures, such as anti-predator nets are associated with entanglement risks. This may be of concern, particularly in cases located within or close to designated sites with a seal or piscivorous bird feature. The planning authority should exercise discretion in determining whether NatureScot should be consulted following prior notification from the operator and under consideration of whether prior approval is required.

Class 21J – Replacement, relocation and installation of additional shellfish trestles

78. It is recognised that trestles can be moved slightly over time by tides and that adjustments may be required to move trestles from sand banks or return them to their original location. It is not intended for this class to cover small correctional movements.

79. This class allows operators to replace, relocate and install additional trestles. All shellfish operators may replace a trestle in the same location with a trestle of the same size, colour and design without prior notifying the planning authority.

80. Operators may replace an existing trestle in the same or a different location with a trestle of a different size, colour and design. Operators may also relocate an existing trestle within the existing shellfish farm. For these changes the operator must prior notify the planning authority and provide the details outlined in the GDPO (as amended).

81. Operators may prior notify the planning authority of their intention to add additional trestles within the existing shellfish farms provided that the farm is smaller than 2 hectares. Trestles should be of a similar design to those already on site. The planning authority will issue a determination as to whether prior approval is required.

82. Where prior notification is received for the addition or relocation of trestles the planning authority may wish to consult with NatureScot as to whether prior approval may be required, particularly in areas where priority marine features are present or in Special Areas of Conservation (SACs), Nature Conservation Marine Protected Areas (NCMPAs), Special Protection Areas (SPAs) and National Scenic Areas (NSAs).