This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the 1992 Order”). Article 4 amends article 3 of the 1992 Order to provide that, other than in the cases specified in new paragraph (4B), permitted development rights do not apply where the existing fish farm is the result of unlawful placement or assembly of equipment.

Article 5 amends Classes 21A, 21C and 21E, in particular to alter the conditions relating to the scale of permitted development and to remove the need for prior notification where there is like for like replacement of equipment. The range of changes of use permitted under Class 21F is extended. Article 5 also introduces new Classes 21AA, 21G to 21J into Part 6A of Schedule 1 to the 1992 Order. Class 21AA now deals with the like for like replacement of finfish pens in the same location previously dealt with under Class 21A. The other new classes extend permitted development rights, subject to conditions, to the placement or assembly of moorings, cage nets, secondary net structures and trestles used for the purposes of fish farming.