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

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