Search Legislation

The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2007 No. 175

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007

Made

6th March 2007

Laid before the Scottish Parliament

7th March 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the powers conferred by section 31A(8) of the Town and Country Planning (Scotland) Act 1997(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007 and shall come into force on 1st April 2007.

(2) In these regulations–

Act” means the Town and Country Planning (Scotland) Act 1997;

“authorisation” has the meaning given in section 26AA(3)(2) of the Act;

“marine fish farm” means a fish farm situated in marine waters for the breeding, rearing or keeping of fish, other than shellfish, involving the use of such equipment as is referred to in section 26AA(1)(b) of the Act;

“marine waters” means the waters described in paragraph (b) or (c) of subsection (6) of section 26 of the Act.

Requirement for an application for planning permission

2.—(1) Where this paragraph applies, before the Scottish Ministers may grant planning permission under section 31A of the Act an application for planning permission for the operation of the marine fish farm must be made to the Scottish Ministers.

(2) Paragraph (1) applies where the operation of the marine fish farm on 1st April 2007 is permitted by an authorisation granted pursuant to an application for such authorisation made before 14th March 1999.

Application for planning permission

3.  An application for planning permission for the operation of a marine fish farm referred to in regulation 2 shall–

(a)give the name and address of the applicant;

(b)describe the equipment involved in the operation of the marine fish farm to which it relates; and

(c)contain a plan sufficient to identify the location of the marine fish farm to which it relates.

Consultation

4.  Where the Scottish Ministers receive an application for planning permission for the operation of a marine fish farm they shall, before granting planning permission, consult with the following bodies–

(a)the planning authority;

(b)any planning authority, where the operation of the marine fish farm is likely to affect marine waters in the district of that planning authority;

(c)Scottish National Heritage; and

(d)the Scottish Environmental Protection Agency.

Additional information

5.  The Scottish Ministers may, in the course of their consideration of an application for planning permission for the operation of a marine fish farm, in addition to the information to be provided in accordance with regulation 3, require from the applicant particulars, documents, materials or evidence which they consider they require to enable them to deal with the application.

DES McNULTY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th March 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the cases where an application for planning permission must be made before planning permission may be granted by the Scottish Ministers under section 31A of the Town and Country Planning (Scotland) Act 1997.

Regulations 3 and 5 make provision for the information to be provided by an applicant and Regulation 4 sets out the bodies that must be consulted on an application.

(1)

1997 c. 8; section 31A was inserted by section 4(2) of the Planning etc. (Scotland) Act 2006 (asp 17).

(2)

Section 26AA was inserted by section 4(1) of the Planning etc. (Scotland) Act 2006.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources