The Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007 (“the 2007 Regulations”). The 2007 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.

Regulation 2 extends the cases of marine fish farm in respect of which an application for planning permission under section 31A of that Act must be made to the Scottish Ministers. Regulation 2(2)(a) amends the definition of “marine fish farm” to include shellfish farms. This extends the requirement for an application to both finfish and shellfish marine fish farms which operate under an authorisation applied for before 14th March 1999. Regulation 2(3) extends the application of regulation 2(1) of the 2007 Regulations to all other marine fish farms using equipment referred to in section 26AA(1)(b) of that Act which are actively being operated on 1st April 2011. Regulation 2(4) allows the applicant when making an application to identify the location of the fish farm by either a plan or by other manner of description. Regulation 2(5) with the changes to the definitions in the 2007 Regulations made by regulation 2(2)(b) limits the requirement to consult to cases where the application relates to a marine fish farm described in the new regulation 2(2)(b).