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The Town and Country Planning (Marine Fish Farms Permitted Development) (Scotland) Order 2011

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Citation and commencement

1.  This Order may be cited as the Town and Country Planning (Marine Fish Farms Permitted Development) (Scotland) Order 2011 and comes into force on 23rd February 2011.

Interpretation

2.—(1) In this Order—

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

“fish farming” has the meaning given in section 26(6) of the Act; and

“marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the Act; and

“shellfish” includes any kind of sea urchin, crustacean or mollusc.

(2) References to a numbered marine planning zone are to such part of the marine waters so described and identified by the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007(1).

Permitted development

3.—(1) Planning permission is granted for the classes of development specified in paragraph (2) subject to any limitation or condition specified in paragraphs (3) to (5).

(2) The classes of development are the operation of a marine fish farm—

(a)situated within those parts of the marine waters described in Schedule 1 and involving the use of equipment referred to in section 26AA(1)(b) of the Act for the purposes of the breeding, rearing or keeping of fish other than shellfish; and

(b)situated within those parts of the marine waters described in Schedule 2 and involving the use of such equipment for the purposes of the breeding, rearing or keeping of shellfish.

(3) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

(4) Paragraph (2) does not grant planning permission for development unless the equipment referred to in section 26AA(1)(b) of the Act—

(a)is in use on 23rd February 2011; or

(b)has been used between 1st January 2008 and 23rd February 2011,

for the purposes of fish farming.

(5) Planning permission granted by this Order is subject to the condition that in the event of any equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, the developer shall carry out such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) so as to remove the obstruction or danger to navigation.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2011

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