# The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, Paragraph 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.

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Source: https://www.legislation.gov.uk/uksi/1992/223/schedule/1/class/21H (the official version)
Page: https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/21H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.