Paragraph 21D F1

(1)

The placing or assembly of any equipment within the area of an existing fish farm required temporarily in connection with the operation of the fish farm.

(2)

Development is not permitted by this class—

(a)

in respect of any equipment described in paragraph (1) of any other class within this Part;

(b)

if the surface area of the waters which would be covered by the proposed equipment is greater than 1% of the surface area of the waters covered by the equipment comprised in the fish farm; or

(c)

in respect of any equipment (or equipment used for the same or equivalent purpose) which has been removed from the area of the existing fish farm within the preceding 12 months.

(3)

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

(a)

where there is a feed barge within the fish farm, any equipment placed or assembled is not to be greater in height than one half the height of any feed barge;

(b)

where there is no feed barge within the fish farm any equipment placed or assembled is not to be greater in height than 2.5 metres;

(F2bb)

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;

(c)

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 size, colour, design and location of the proposed equipment;

(d)

the application is to be accompanied by—

(i)

a description of the proposed equipment, including details of its size, colour, design and proposed location;

(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;

(e)

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;

(f)

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;

(g)

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; and

(h)

any equipment must be removed at the expiry of the allowed period and notification of such removal is to be given to the planning authority in writing within 14 days after the date of removal.

(4)

In this class, the “allowed period” means, in respect of any particular item of equipment, a period of three months commencing on the date on which that equipment was placed or assembled.

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: Sch. 1 Pt. 6A Class 21D(3)(bb) 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)(d) (with art. 1(2))