Part III Control over Development

Meaning of development

26ABF1Power by order to provide marine fish farming is not “development”

1

The Scottish Ministers may by order provide that—

a

section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),

b

section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and

c

the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.

2

An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).