Class 21AA

1

The placing or assembly of equipment within the area of an existing fish farm (other than a fallow fish farm) for the purpose of replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design.

2

Development is permitted by this class subject to the condition that in the event of the 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, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

d

to the breeding, rearing or keeping of scallop (Aequipecten opercularis or Pecten maximus) where the established use of that fish farm is the breeding, rearing or keeping of—

i

mussel (Mytilus);

ii

Pacific oyster (Crassostrea gigas); or

iii

native oyster (Ostrea edulis);

e

to the breeding, rearing or keeping of mussel (Mytilus) where the established use of that fish farm is the breeding, rearing or keeping of—

i

scallop (Aequipecten opercularis or Pecten maximus);

ii

Pacific oyster (Crassostrea gigas); or

iii

native oyster (Ostrea edulis); or

f

to the breeding, rearing or keeping of native oyster (Ostrea edulis) where the established use of that fish farm is the breeding, rearing or keeping of—

i

mussel (Mytilus);

ii

scallop (Aequipecten opercularis or Pecten maximus); or

iii

Pacific oyster (Crassostrea gigas).

Class 21G

1

The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

a

replacing an existing mooring in the same location with a mooring of—

i

the same size, colour and design; or

ii

a different size, colour or design;

b

relocation of a mooring; or

c

installing an additional mooring.

2

Development, other than where the development in question 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 a nature conservation MPA, is permitted by this class subject to the following conditions—

a

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

i

the size, colour and design of the mooring; and

ii

its location;

b

the application is to be accompanied by—

i

a description of the proposed mooring, including details of its size, colour and design;

ii

where the mooring is an additional mooring, a description of its proposed location;

iii

a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

iv

any fee required to be paid;

c

the development is not to be commenced before the occurrence of one of the following—

i

the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

ii

the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

iii

the applicant has (or to the extent required has) received such approval from the planning authority;

d

the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

i

to the extent to which prior approval is required, in accordance with the details approved;

ii

to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

e

the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

3

All development is permitted by this class subject to the condition that in the event of the 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, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

4

In this class “nature conservation MPA” means an area designated as a nature conservation marine protected area by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 20105.

Class 21H

1

The placing or assembly of equipment within the area of an existing fish farm for the purpose of replacing an existing finfish pen net in the same location with a finfish pen net—

a

of the same size, colour and design; or

b

of the same size but of a different colour or design.

2

Where the development in question is either development described in paragraph (1)(a) within the area of a fallow fish farm or development described in paragraph (1)(b), the development is permitted by this class subject to the following conditions—

a

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the colour and design of the finfish pen net;

b

the application is to be accompanied by—

i

a description of the proposed finfish pen net, including details of its size, colour and design;

ii

a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

iii

any fee required to be paid;

c

the development is not to be commenced before the occurrence of one of the following—

i

the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

ii

the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

iii

the applicant has (or to the extent required has) received such approval from the planning authority;

d

the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

i

to the extent to which prior approval is required, in accordance with the details approved;

ii

to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

e

the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

3

All development is permitted by this class subject to the condition that in the event of the 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, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

Class 21I

1

The placing or assembly of equipment within the area of an existing fish farm for the purpose of installing a secondary net structure

2

Development is permitted by this class subject to the following conditions—

a

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the size, colour and design of the secondary net structure;

b

the application is to be accompanied by—

i

a description of the proposed secondary net structure, including details of its size, colour and design;

ii

a description of its proposed location;

iii

a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

iv

any fee required to be paid;

c

the development is not to be commenced before the occurrence of one of the following—

i

the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

ii

the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

iii

the applicant has (or to the extent required has) received such approval from the planning authority;

d

the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

i

to the extent to which prior approval is required, in accordance with the details approved;

ii

to the extent to which prior approval is not required, in accordance with the details submitted with the application;

e

the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given; and

f

in the event of the 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, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

7

In this class, “secondary net structure” means a net structure including a sea lice skirt or predator net which is secondary to a main containing finfish pen net.

Class 21J

1

The placing or assembly of equipment within the area of an existing shellfish farm for the purpose of—

a

replacing an existing trestle, in the same or a different location, with a trestle of—

i

the same size, colour and design; or

ii

a different size, colour or design;

b

relocation of a trestle; or

c

installing an additional trestle.

2

Development is not permitted by paragraph (1)(c) of this class if—

a

the area of the existing shellfish farm is greater than 2 hectares; or

b

the installation of a trestle would result in more than a 10% increase in the number of trestles which are located within the area of the existing shellfish farm when compared with the number of trestles which comprise original equipment in relation to that shellfish farm.

3

Development, other than where the development in question is the replacement of an existing trestle in the same location with a trestle of the same size, colour and design and is not within the area of a fallow fish farm, is permitted by this class subject to the following conditions—

a

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

i

the size, colour and design of the trestle; and

ii

its location;

b

the application is to be accompanied by—

i

a description of the proposed trestle, including details of its size, colour and design;

ii

where the trestle is to be relocated, a description of both its current location within the area of the existing shellfish farm and its proposed location;

iii

where the trestle is an additional trestle, a description of its proposed location;

iv

a description of the area of the existing shellfish farm, including details of the coordinates of the anchorage or mooring point used in relation to the shellfish farm; and

v

any fee required to be paid;

c

the development is not to be commenced before the occurrence of one of the following—

i

the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

ii

the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

iii

the applicant has (or to the extent required has) received such approval from the planning authority;

d

the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

i

to the extent to which prior approval is required, in accordance with the details approved;

ii

to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

e

the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

4

All development is permitted by this class subject to the condition that in the event of the 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, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

5

In this class “shellfish farm” means a fish farm which is used solely for the purpose of breeding, rearing or keeping shellfish.