Paragraph 21B F1

(1)

The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

(a)

replacing an existing feed barge, in the same or a different location, with a feed barge of—

(i)

the same size, colour and design; or

(ii)

a different size, colour or design; or

(b)

relocation of an existing feed barge.

(2)

Development is permitted by this class subject to the following conditions—

(a)

where the feed barge is—

(i)

to be relocated;

(ii)

to be located in a different place to the feed barge it replaces; or

(iii)

of a different size, colour or design to the feed barge it replaces,

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, as the case may be, in respect of the size, colour or design of, or the location of, the feed barge;

(b)

the application is to be accompanied by—

(i)

a description of the proposed feed barge, including details of its proposed size, colour and design;

(ii)

where the feed barge 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 feed barge is to be in a different place to the feed barge it replaces, both a description of the location of that feed barge and of the proposed location of the replacement feed barge;

(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;

(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; F2...

(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 F3; and

(f)

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.

Annotations

Textual amendments

F1: Pt. 6A inserted (1.6.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment Order 2012 (S.S.I. 2012/131), arts. 1, 2(2)
F2: Word in Sch. 1 Pt. 6A Class 21B(2)(d) omitted (1.12.2012) by virtue of The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(b)(i) (with art. 1(2))
F3: Sch. 1 Pt. 6A Class 21B(2)(f) and word inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(b)(ii) (with art. 1(2))