Planning Consent

Since April 2007 Scottish Local Authorities have had responsibility for issuing planning consent for fish and shellfish farms under The Town and Country Planning (Scotland) Act 1997. Planning permission is usually permanent (although temporary planning permission is possible) and, for most finfish applications, the approvals process is subject to Environmental Impact Assessment (EIA) to comply with the EIA Directive (2011/92/EU) transposed into UK law by The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 (Statutory Instrument 367).

Intensive fish farming is listed in Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (and, before that, the 1999 Regulations). An environmental impact assessment is not mandatory in all cases but ‘Schedule 2’ development will require an EIA if it is likely to have a significant effect on the environment, by virtue of factors such as its size, nature or location.
Where an application meets the relevant criteria it will undergo EIA Screening and Scoping and produce an Environmental Statement if required, covering all the potentially significant environmental impacts likely to result from the development. Shellfish and macroalgae farms are not currently required to produce EIAs but, if appropriate the consenting authority can seek additional environmental information to inform their decision.

Where an authority concludes that a development proposal is likely to have a significant effect on a site designated under the Habitats Directive (The Conservation (Natural Habitats, &c.) Regulations 1994), it must also undertake an Appropriate Assessment (AA) of the implications for the conservation interests for which the area has been designated.
The Crown Estates own the seabed in Scotland and aquaculture facilities granted planning permission by Local Authorities require a seabed lease from The Crown Estates in order to operate. Crown Estate responsibilities in Scotland is in the process of being devolved to Scotland following a recommendation of the Smith Commission on constitutional settlement.
Prior to the extension of planning controls to Local Authorities in 2007, the seabed lease (or a works licence in Orkney and Shetland) was the primary development consent required for aquaculture development in marine waters and was subject to EIA and AA where required. Where sites were established prior to 2007, operators were able to apply to Scottish Ministers for planning permission.
Strategic planning of aquaculture sites in marine waters is achieved through Locational Guidelines6 that address water body carrying capacity issues as well as some regional-level Local Authority Development Framework Plans which identify acceptable sites for finfish and shellfish cultivation. Following the adoption of the National Marine Plan and in the future, Regional Marine Planning Partnerships, such strategic planning guidance will be improved upon and expanded.