{
  "url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/part-6A/paragraph-1",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/part-6A/paragraph-1.json",
  "legislation": "uksi/1992/223",
  "legislation_title": "The Town and Country Planning (General Permitted Development) (Scotland) Order 1992",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992",
  "path": "schedule/1/part/6A/paragraph/1",
  "kind": "paragraph",
  "number": "Interpretation of Part 6A",
  "heading": null,
  "text": "For the purposes of this Part—\n(1) The following expressions have the following meanings—\n“authorised mooring” means a mooring which is original equipment or which is placed or assembled by virtue of planning permission granted by Part 6A of this Order;\n“equipment” and “fish farming” have the meanings given in section 26(6) of the Act;\n“fish farm” means a place used for the purposes of fish farming;\n“fallow fish farm” means a fish farm treated as forming an existing fish farm by virtue of paragraph (1A);\n“finfish pen” means a tank or cage used for the purposes of fish farming other than for the breeding, rearing or keeping of shellfish (including any kind of sea urchin, crustacean or mollusc);\n“mooring” includes an anchor;\n“original equipment” means in relation to a fish farm, the equipment placed or assembled in respect of that fish farm pursuant to consent granted by—\n(a)planning permission granted following an application made under Part III of the Act;\n(b)a relevant authorisation; or\n(c)by a combination of such planning permission and a relevant authorisation; and\n“relevant authorisation” has the meaning given in article 14(6)(c) of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007.\n(1A) Where—\n(a) before 1st July 2018 all equipment relating to a fish farm, other than one or more moorings, has been removed; or\n(b) on or after 1st July 2018 all equipment relating to a fish farm, other than three or more moorings, has been removed and the planning authority have been given notice in writing of—\n(i) the date on which the last item of such equipment was removed; and\n(ii) the location of the remaining moorings,\nthen to the extent that the remaining mooring or moorings are authorised moorings, that remaining equipment is to be treated as forming an existing fish farm for a period of 9 years after the date on which the last item of such other equipment was removed notwithstanding the removal of that equipment.\n(1B) In relation to placement or assembly of equipment for the purpose of replacement or relocation of equipment—\n(a) references to existing equipment are to be treated as including the removed equipment but in relation to replacement or placement or assembly of equipment in the area of a fallow fish farm only where no more than 9 years have passed since the equipment in question was removed; and\n(b) references to the current location of the equipment which is to be relocated are references to the location of the equipment before it is removed or relocated.\n(2) The area of an existing fish farm means in relation to—\n(a) a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(a), the area within which fish farming development had been permitted in terms of the planning permission or relevant authorisation in accordance with which the remaining authorised mooring or moorings had been placed or assembled;\n(b) a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(b), the area which, if the remaining authorised moorings (the location of which being as set out in the notice referred to in paragraph (1A)(b)) were to be connected by straight lines, would be enclosed by such imaginary lines;\n(c) a fish farm (other than a fallow fish farm) where fish farming development is permitted in terms of planning permission granted following an application made under Part III of the Act, the area within which such fish farming development is permitted in terms of that planning permission; and\n(d) any other fish farm, the area which, if the moorings used in relation to that fish farm were to be connected by straight lines, would be enclosed by such imaginary lines.\n(3) The height of equipment is to be measured from the surface of the water.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 Pt. 6A 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(8)(a)(i) (with art. 2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 1 Pt. 6A 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(8)(a)(ii) (with art. 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 1 Pt. 6A 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(8)(b) (with art. 2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 1 Pt. 6A 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(8)(c) (with art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/223/schedule/1/part/6A/paragraph/1",
    "retrieved_at": "2026-10-29T14:29:53.174501+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}