Fish farming - permitted development rights: guidance

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).


Fallow fish farms and existing equipment

28. Definitions are provided for "fallow fish farm" and "existing equipment" for the purposes of PDR. The term fallow fish farm is applicable to both fish farms and shellfish farms.

29. A fallow fish farm should be considered an existing fish farm for the purposes of PDR where;

  • prior to 1 July 2018 equipment has been removed with the exception of at least one mooring or more;
  • on or after 1 July 2018 equipment has been removed with the exception of at least three moorings or more.

30. The requirement for three moorings or more is to ensure that an existing farm area is maintained for which PDR applies. This maintains the areas which is open for the placement of equipment. In reality, if a farm wished to fallow and remove equipment, four outer moorings will be required to enable the replacement of equipment in its previous position. A 'fallow fish farm' will be considered an existing fish farm for the purposes of PDR for up to 9 years following the removal of equipment.

31. From 1 July 2018 fish farms which 'fallow' as defined by the GDPO as amended must notify the planning authority of the location of remaining moorings and the date on which the last item of equipment was removed.

32. It would be good practice for operators with 'fallow fish farms' as defined prior to 1 July 2018 to alert the planning authority of their existence.

33. All permitted development at a fallow fish farm requires prior notification. No equipment must be placed in the water without contacting the planning authority.

34. Existing equipment for the purposes of replacement or placement in the area of a fallow fish farm includes equipment which has been out of the water for less than 9 years. For other (existing) fish farms existing equipment includes removed equipment.

Contact

Email: fishfarmreview@gov.scot

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