C1Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

Power by order to provide marine fish farming is not “development”

I163Power by order to provide marine fish farming is not “development”

1

The Town and Country Planning (Scotland) Act 1997 (c.8) is amended as follows.

2

In section 26(1) (meaning of “development”), after “section” where it first occurs insert “ and to section 26AB ”.

3

After section 26AA, insert—

26ABPower by order to provide marine fish farming is not “development”

1

The Scottish Ministers may by order provide that—

a

section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),

b

section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and

c

the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.

2

An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).

4

In section 275 (regulations and orders)—

a

in subsection (4), after “26(2)(f), (6A) and (6C),” insert “ 26AB(1), ”,

b

in subsection (5A), after “26(6A) or (6C)” insert “ or 26AB(1) ”.