Fish farming - permitted development rights: guidance

Habitats Regulations and appropriate assessment

19. The Habitats Regulations require planning authorities, as a competent authority to gauge whether certain plans or projects are likely to affect European sites prior to their approval. Permitted development will require consideration under the Habitats Directive if it is likely to have an adverse effect on a European site, in which case specific approval for the development must be sought from the relevant planning authority. Note: This is separate and in addition to any prior notification requirement or otherwise required by the GDPO (as amended).

20. It is good practice for fish farms operating near to or within European sites to consult the planning authority at an early stage with regards to any development proposals for confirmation that a Habitats Regulations Appraisal would not be required. Operators should not assume development benefits from PDRs without first checking whether there is a likely significant effect to a European site.

21. Authorities undertaking a Habitats Regulations Appraisal should consult NatureScot when determining likely significant effects and before concluding that an appropriate assessment is not required. Where an appropriate assessment is required, the authority must consult NatureScot and have regard to any representations they may make.

22. Where, following that assessment, the authority cannot conclude that the plan would not adversely affect the integrity of any European site(s), permitted development would no longer apply and a new planning application would be required.