# The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, Paragraph 21A


(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—
(a) replacing an existing finfish pen (including within the area of a fallow fish farm)—
(i) in the same location with a finfish pen of a different size, colour or design;
(ii) in a different location with a finfish pen of a different size, colour or design; or
(iii) in a different location with a finfish pen of the same size, colour and design;
(aa) within the area of a fallow fish farm, replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design;
(b) relocation of an existing finfish pen; or
(c) installing an additional finfish pen.
(2) Development is not permitted by paragraph (1)(a)(i) or (ii) or (c) of this class in respect of any tank or pen which—
(a) is circular and has a circumference greater than 200 metres; or
(b) is not circular and is greater than 3,182 square metres in area.
(3) Development is not permitted by paragraph (1)(a)(i) or (ii) or (c) of this class if as a result of the replacement or installation of a finfish pen the surface area of the waters covered by the equipment comprising the fish farm as altered or extended—
(a) would be , or would be greater than, 20,000 square metres; or
(b) would be—
(i) more than 1,100 square metres greater; or
(ii) 10% greater,
than the surface area of the waters covered by the original equipment.
(4) Development is permitted by this class subject to the following conditions—
(a) any biomass contained within a fish pen mentioned in paragraph (1) must not, taken together with other biomass contained within the area of the existing fish farm, exceed the maximum amount of biomass permitted to be contained within that area under the terms of any existing permission, consent or licence under which the fish farm operates;
(aa) 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;
(b) 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 finfish pen; and
(ii) if the finfish pen is an additional finfish pen or is to be located in a different place from the finfish pen it replaces, its location;
(c) the application is to be accompanied by—
(i) a description of the proposed finfish pen, including details of its size, colour and design;
(ii) where the finfish pen is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;
(iii) where the finfish pen is an additional finfish pen, a description of its proposed location;
(iv) 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
(v) any fee required to be paid;
(d) 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;
(e) 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
(f) 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.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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