Paragraph 21E F1

(1)

The placing or assembly of a long-line for use in shellfish farming within the area of an existing fish farm.

(F22)

Development is permitted by this class subject to the limitation that only one additional line may be placed or assembled within the area of the fish farm by virtue of this class for every 6 long lines comprised in the original equipment relating to that fish farm.

(3)

Development F3other than where the development in question is the replacement of an existing long line in the same location with a long line 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 the size, colour, design or location of the proposed long line;

(b)

the application is to be accompanied by—

(i)

a description of the proposed long line, 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;

(F4c)

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; F5...

(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 F6; and

F7(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F83A)

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.

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 21E(2) substituted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 5(5)(a) (with art. 2)
F3: Words in Sch. 1 Pt. 6A Class 21E(3) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 5(5)(b)(i) (with art. 2)
F4: Sch. 1 Pt. 6A Class 21E(3)(b)(c)(d) renumbered as Class 21E(3)(c)(d)(e) (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)(e)(i) (with art. 1(2))
F5: Word in Sch. 1 Pt. 6A Class 21E(3) 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)(e)(ii) (with art. 1(2))
F6: Sch. 1 Pt. 6A Class 21E(3)(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)(e)(iii) (with art. 1(2))
F7: Sch. 1 Pt. 6A Class 21E(3)(f) omitted (1.7.2018) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 5(5)(b)(ii) (with art. 2)
F8: Sch. 1 Pt. 6A Class 21E(3A) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 5(5)(c) (with art. 2)
F9: Sch. 1 Pt. 6A Class 21E(4) omitted (1.7.2018) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 5(5)(d) (with art. 2)