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Policy Guidelines - General Principles

22. In setting out Scottish planning policy on fish farming, this SPP focuses on three general principles:

• Recognising the needs of local communities and other users.
• Safeguarding and enhancing the environment
• Promoting the sustainable development of fish farming.

Recognising the needs of local communities and other users

23. It is essential that planning authorities have an inclusive approach to planning for development and that communities have a say in decisions that affect them. As indicated in A Strategic Framework for Scottish Aquaculture, community acceptance and understanding of the fish farming industry is vital. The introduction of statutory planning controls for marine fish farms will ensure that proposals are subject to an effective, transparent and democratically accountable system of regulation at the local level in line with current planning procedures for freshwater fish farms.

Working with Communities

24. Fish farming has become an established and intrinsic part of some coastal communities. They bring economic activity to an area but can sometimes be regarded as an unwelcome environmental intrusion and nuisance, particularly by those living closest to it or by those who share the same environment. To foster inclusion, it is crucial that communities and other interests have access to information and opportunities to participate fully in decisions that affect them. Developers should work closely with planning authorities, communities and other interests, particularly at the pre-application stage. Further advice can be found in Planning Advice Note ( PAN 81): Community Engagement.

25. Planning authorities should recognise that the community of interest in the marine environment goes wider than those who live near a fish farm and may include other marine users such as commercial inshore fishermen, sailors and yachtsmen, anglers and other recreational users. Benefits in terms of direct employment or indirectly in terms of support for local services should be taken into account. Fish farms may also involve seasonal use and raise inter-authority cross-boundary issues. Planning authorities should consult with neighbouring authorities where appropriate to ensure that development plan provision for fish farming in adjoining areas is compatible. While marine zones have been designated, loch-wide or river basin management approaches, for example, should be promoted by planning authorities.

26. Planning authorities should promote opportunities for wider engagement with interest groups on development planning and managing development through existing arrangements such as marine management areas and coastal partnerships or the establishment of other informal community liaison groups, fisheries advisory groups or panels to deal with inter-sectoral issues. Liaison arrangements will need to be well publicised, their function and activities communicated to the wider community and for them to be given the opportunity to contribute.

Fishing and Navigation

27. There is potential for conflict between fish farming and other local fishing interests, including commercial inshore fishing, sea, river and angling. The effects of fish farming development on traditional fishing grounds, salmon netting stations and angling interests, should be fully considered. Consideration should also be given to impacts on fisheries orders such as Regulating and Several Orders granted by Scottish Ministers. Grantees should be consulted. Advice on fishing interests can be obtained from SEERAD, the Scottish Fisheries Protection Agency ( SFPA), the Scottish Fishermen's Federation, the Association of Salmon Fishery Boards ( ASFB), the Rivers and Fisheries Trust of Scotland ( RAFTS), local District Salmon Fisheries Boards ( DSFB), Fisheries Trusts at local level and local fishermen's organisations. The Salmon Net Fishing Association of Scotland can provide advice in relation to salmon net fishing stations.

28. It is essential to ensure that fish farm development does not constitute a hazard to navigation. Care must also be taken to safeguard established anchorages and harbours. Fish farms, like other developments in marine areas, require consent under the Coast Protection Act 1949 prior to development.

Recreation and Tourism

29. Recreation and tourism make important contributions to the economies of many rural areas in Scotland. They provide employment and contribute to the support of local services. Both activities largely depend on the quality of the environment.

30. Coastal areas and inland lochs are used by a wide and growing range of water-based recreational activities including sailing, canoeing, windsurfing, water-skiing, swimming, sub-aqua diving, surfing, recreational fishing and the general enjoyment of the coast. Water quality, safety and access all contribute to that enjoyment of the environment. While water quality is a matter for SEPA to regulate, due attention must be given to public safety considerations. Care should be taken to avoid impeding access to the foreshore for recreational purposes while recognising operational needs when considering fish farming proposals.

31. Scotland's environment attracts tourists. It is important that inherent qualities of scenic beauty and natural heritage interest are maintained and enhanced and that these are not adversely affected by fish farming. Fish farms can often be fitted into their environment to avoid or minimise visual intrusion. Both recreation and tourism are therefore appropriate material considerations in considering applications for new or modifications to existing fish farming developments.

Safeguarding and enhancing the environment

32. The natural and built environments are important resources for Scotland where change has to be managed with great care. The planning system plays an important role in ensuring that this is achieved by avoiding or resolving conflicts in a way that affords appropriate protection for the natural and historic environment without unreasonably restricting the potential for fish farming development.

Land Based Facilities

33. Land based facilities in support of fish farms are already the subject of planning control. In areas recognised for their landscape value, planning authorities should ensure that new development is located and designed in a sensitive and unobtrusive manner. NPPG 13 Coastal Planning provides for the classification of the coast into 3 categories; developed, undeveloped and isolated. Planning authorities are encouraged to distinguish between these coastal areas and bring forward development plan policies which provide for fish farming. Fish farms can often be located some distance from land based facilities. Where possible, supporting land based facilities should be considered in a single application
for a fish farm proposal or simultaneously. There may also be opportunities to promote the shared use of onshore facilities, including jetties, piers and ancillary facilities. Onshore impacts such as traffic generation should be considered.

Natural Heritage

34. Natural heritage covers landscape, nature conservation and biodiversity interests within marine and landward areas. Scotland's natural heritage is important, both for its intrinsic environmental value and because of the opportunities for social and economic development derived from it. Within the wider framework of encouraging economic growth and sustainable development, the Scottish Executive is committed to safeguarding and, where possible, enhancing Scotland's natural heritage. Planning authorities should take into account the need to ensure that sustainable development is achieved in suitable locations and inappropriate development is avoided.

35. NPPG 14: Natural Heritage gives guidance on how national legislation and policy, including European obligations, for the conservation and enhancement of Scotland's natural heritage should be reflected in planning policy and sets out the approach to assessing development proposals in relation to protecting sites of international, national and local importance

36. The Nature Conservation (Scotland) Act 2004 places a duty on every public body and office-holder, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions. Scotland's Sustainable Development Strategy sets out a vision for Scotland in which biodiversity loss has been halted, natural resources are managed sustainably and the environment is protected effectively, on the basis of evidence and using the best scientific knowledge in the field. Delivery of this is achieved in part through a range of natural heritage designations which are located in both the marine and landward areas.

37. Special Protection Areas ( SPAs) and Special Areas of Conservation ( SACs) are designated under the EC Birds and Habitats Directives respectively and together form a network of protected sites across the EU known as "Natura 2000". Particular procedures must be applied when planning authorities consider any proposals that might affect such sites. Any proposed development which is likely to have a significant effect on the interests for which a Natura site is designated must be subject to an appropriate assessment. If this assessment cannot demonstrate that the proposal will not adversely affect the integrity of the site it should only proceed in very exceptional circumstances. It should also be recognised that significant effects on Natura sites may arise from development proposals located outside protected sites and any such proposals must be treated in the same way.

38. In addition to the legal obligation to ensure the adequate protection of designated sites, European Member States are required to ensure the protection of the various species listed in the Birds and Habitats Directives within the wider environment. Careful consideration of the potential impact of proposed developments on these conservation interests should be given by planning authorities. Scottish Executive Guidance on the Habitats and Birds Directives ( www.scotland.gov.uk/library3/nature/habd-00.asp ) is an important reference for these requirements as is NPPG 14: Natural Heritage. In practical terms, the prospects for further substantial new developments may be limited within or in the vicinity of SPAs and SACs although there may be potential for modifications of existing operations or expansion of existing sites, particularly where proposals will result in an overall reduction in environmental impact.

39. Other designated areas should be acknowledged. Sites of Special Scientific Interest ( SSSIs) are defined in the Nature Conservation (Scotland) Act 2004 (which amended the Wildlife and Countryside Act 1981) as areas of land or water which are of special interest by reason of their flora, fauna, geological or geomorphological features. Planning authorities are required to consult SNH when determining an application for a development which might affect a SSSI. Authorities should bear in mind that such sites can be affected by developments some distance away. Due regard must also be paid by planning authorities to landscape designations such as National Scenic Areas. Further information on the features described above can be found on the SNH website www.snh.org.uk/.

40. Planning authorities should ensure that the protection and enhancement of the natural heritage is adequately provided for in development plan policies and reflected in decisions on planning applications or individual proposals. While the protection of the natural heritage may impose constraints on fish farming, with careful planning, the potential for conflict can be reduced. The precautionary principle may be invoked in situations where an insufficiency of scientific evidence does not provide for a decision that a development will not cause significant irreversible damage to natural heritage interests.

Visual Impact and Design Quality

41. The Scottish landscape is a valuable resource. Planning authorities should ensure that development is located and designed in a sensitive and unobtrusive manner, particularly in areas recognised for their landscape value. Planning authorities should acknowledge the potential benefits of fish farming to the local economy while recognising that new or expanded fish farms may be inappropriate in some areas. In areas where the tourism industry is based on high quality scenery and an unspoilt environment, such as National Scenic Areas, planning authorities should take into account the capacity of the landscape to accommodate fish farming. The number of fish farms, their location in relation to each other and the surrounding land mass as well as the design and colour of cages, buoys and other equipment are factors to be taken into account. Consideration should be given to mitigation strategies to reduce visual impact.

42. Development plans should provide the policy framework within which the fish farming industry can develop in a sustainable manner. Local communities should be encouraged to contribute to development plan policies and consultation on development proposals on fish farming. These policies should guide developers towards appropriate locations and good quality design. Design criteria should be applied reasonably and consistently in development management and reflect the approved policy framework.

Cumulative Impact

43. Planning authorities should take into account the cumulative effect of new or modified developments on the environment and their landscape or visual impact. Concentrations of development, the number, and the relationship to each other may give rise to disproportionate and adverse impacts. Planning authorities should seek to avoid such circumstances by setting out policies and criteria against which development proposals will be assessed. The relationship between cages and landward assets should be considered on a case by case basis. Much depends on the capacity of areas to accommodate development. This can be considered on a loch-wide or voe basis and brought forward in area management agreements or local fish farming framework plans. Where adverse cumulative impacts are considered significant and cannot be resolved planning permission should be withheld. Further advice on cumulative impact can be found in Marine Aquaculture and the Landscape: The siting and design of marine aquaculture developments in the landscape, prepared by SNH, the Crown Estate and Scottish Quality Salmon .www.snh.org.uk/publications/on-line/heritagemanagement/aquaculture.

44. In considering cumulative impact, planning authorities should ensure that they take into account information from the Crown Estate on both existing leases for development that may have not yet been developed and also lease applications that may be under consideration.

45. Given many of the issues such as visual and cumulative impacts are similar, the policy principles underpinning site selection for marine fish farms should be broadly the same for those in freshwater lochs.

Historic Environment

46. NPPG 5: Archaeology and Planning and NPPG 18: Planning and the Historic Environment set out the Scottish Ministers' continuing commitment to the protection and positive management of the historic environment.

47. In the marine environment, planning authorities will also need to take into account additional aspects of the historic environment when preparing development plans and determining planning applications. These interests are covered by the following:

• under the Ancient Monuments and Archaeological Areas Act 1979, Historic Scotland administers the statutory duties of the Scottish Ministers for the scheduling and protection of monuments under this Act including the consent procedures. These duties extend to the limit of territorial waters (the 12-nautical mile limit) and include powers to schedule monuments on the bed of territorial seas.
• under the Protection of Military Remains Act 1986, administered by the Ministry of Defence, provision is made for the protection of military remains of any nationality in UK waters and includes vessels and aircraft lost at sea.
• under the Protection of Wrecks Act 1973, administered by Historic Scotland, wreck sites of particular historic, artistic or archaeological importance can be protected within Scotland's territorial waters.

48. Planning authorities should ensure that proposed fish farming development will not adversely affect the integrity and setting of historic environment sites. Where appropriate, this may be a material consideration in determining planning applications. Historic Scotland's operational policy paper HP6 Conserving the Underwater Heritage is available from www.historic-scotland.gov.uk and the Code of Practice for Seabed Development from www.jnapc.org.uk/index.htm

Other Regulatory Controls and Codes of Practices

49. In addition to the statutory planning system, there are a number of other regulatory controls covering fish farming which planning should be aware of, each with their own specific purpose and procedure. These include:

• the requirement for a licence under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 from SEPA. This replaces the requirement for a discharge consent previously obtained under section 34 of the Control of Pollution Act 1974
• consent for navigation and anchorages from the Scottish Executive Enterprise, Transport and Lifelong Learning Department under section 34 of the Coast Protection Act 1949 ( CPA)
• a licence under Part II of the Food and Environment Protection Act 1985 ( FEPA).
• all fish farm businesses are required to register with SEERAD for disease control under the Disease of Fish Legislation
• all fish farm businesses are required to notify SEERAD of any suspected fish escape, or circumstances which give rise to a significant risk of an escape under The Registration of Fish Farming and Shellfish Farming Business Order 1985
• a seabed lease is required from the Crown Estate
• ongoing regulatory controls under the Aquaculture and Fisheries (Scotland) Act 2007, enforced by FRS, cover sea lice management and containment measures.

50. As noted in SPP 1, the planning system should not be used to secure objectives that are more properly achieved under other legislation including those listed above. Planning controls sit alongside and do not duplicate other control regimes. The Crown Estate's rights and interests as regulators of the seabed remain unaffected by the introduction of statutory planning controls. The grant of planning permission does not remove the need to seek other statutory consents nor does it imply that these consents will be forthcoming. Planning authorities are, however, encouraged to engage with other regulators, improve the understanding of each others' requirements and assist with applicants' knowledge of these.

51. As part of A Strategic Framework for Scottish Aquaculture, good practice guidance has been produced by fish farming stakeholders. Voluntary Codes of Good Practice ( CoGP) address a range of issues outwith planning interests such as fish farm cage and equipment design, security, management and operational practices and provide the basis for certification of standards and practices put forward in support of planning applications for fish farms.

Promoting the sustainable development of fish farming

52. Scottish Ministers expect planning authorities to make positive provision for fish farming developments by:

• maximising environmental, economic and social benefits
• guiding sustainable development to suitable locations
• recognising the importance of fully engaging with local communities and other stakeholders at all stages of the planning process

53. In preparing development plans, planning authorities should identify those areas which are sensitive to new or modified fish farming development or are potentially suitable for such development.

54. Planning authorities should be proactive in identifying areas which have the potential to accommodate fish farming developments and areas that do not. Sensitive areas, for example, should take into account such issues as carrying capacity, natural heritage interests, potential conflict with other users and other regulatory controlled areas. Sensitive areas are unlikely to be suitable for fish farm development unless concerns can be adequately resolved or it is clear that the reason that the area is sensitive will not be adversely affected. The statutory development plan should clearly indicate these areas so as to reassure stakeholders and dissuade industry from unnecessary speculative project work.

55. Other than in sensitive areas, fish farming should be encouraged subject to satisfactory consideration being given to material planning considerations. Such developments must still satisfy EIA requirements and ensure that other regulatory consents are in place or likely to be granted.

56. Both sensitive and potential development areas should not be regarded as rigid demarcations. There may be areas within each where, depending on strong supporting information, development can or cannot be justified or considered acceptable. There will be constraints and opportunities at each level from regional, loch specific to local area and these will need to be balanced in promoting sustainable development in suitable locations. It should also be recognised that although an area may be considered suitable for development, for example on water quality grounds, planning authorities must consider applications on a case by case basis and may make a decision against approving the development on local planning grounds such as visual impact or conflict with other users. Identification, therefore, of an area as potentially suitable or sensitive to development does not in itself lead to a development being permitted or rejected but will assist planning authorities in directing development to potentially suitable areas, protecting more sensitive areas and reconciling development pressures.

57. In preparing development plans and determining planning applications, planning authorities should take into account the following established policy provisions:

a) Presumption Against Further Development on the North and East Coasts

58. The Scottish Ministers introduced a presumption against further aquaculture development on the north and east coasts in 1999 as a precautionary measure to safeguard migratory fish species. The extent of the north coast is defined as that area of the coast to the east of Cape Wrath. Having regard to the precautionary approach, the presumption against development of marine finfish farming developments on the north and east coasts will continue to apply until possible effects of new species development on wild salmonid populations can be more fully assessed or new and appropriate technologies are developed to reassure maintenance of no impact on wild salmonids and other fish species.

b) Fisheries Research Service's Categorisation of Coastal Waters.

59. Locational guidance for finfish farming is produced by Fisheries Research Service's ( FRS) based on the existing levels of nutrient loading and associated benthic impact from finfish developments. FRS identifies three categories of coastal water bodies as follows:

Category 1: where the development of new or the expansion of existing marine fish farms will only be acceptable in exceptional circumstances.

Category 2: where new development or expansion of existing sites would not result in the area being re-categorised as Category 1.

Category 3: where there appear to be better prospects of satisfying nutrient loading and benthic impact requirements, although the detailed circumstances will always need to be examined carefully.

60. The procedures used by the FRS to categorise areas are detailed on the FRS website: www.marlab.ac.uk . Categories are reviewed on a quarterly basis, independently of this SPP. Categorisation of marine areas requires to be updated as better predictive techniques and models become available and our knowledge of environmental considerations and migratory systems improves.

c) Regulatory Areas

61. Due to the marginal effect of shellfish farming on nutrient loading, the categories in b) above do not apply to shellfish farming. However, Shellfish Waters have been designated in which proposed shellfish farming is promoted. Planning authorities should consider these together with other regulatory areas, for example, those covered by Several and Regulating Orders, in an assessment of sensitive and potential development areas.

d) Areas of Natural Heritage Interest

62. Planning authorities must take account of natural heritage designations in any assessment of the development potential for fish farming. They must be cognisant of their obligations with regard to these designations and reflect them in both development planning and development management.

e) Historic Environment Interests

63. The impact of fish farming development on the integrity and setting of historic environment interests is an important consideration to which planning authorities must have regard in development plans. Development proposals should be assessed on a case by case basis for their potential impact on the historic environment.

f) Military Training and Testing Areas

64. Fish farming is one of a number of activities excluded under bylaws from the Ministry of Defence ( MOD) on controlled areas that are used by the UK, NATO and Allied nations for training purposes. The most significant of these areas include the Dockyard Ports of the Gareloch, Loch Long, Loch Goil and Rosyth. Similar prohibitions also exist at the British Underwater Test and Evaluation Centre ( BUTEC) and the Rona Noise Range. There are also MOD Danger areas and Exercise areas used for firing from shore, ship and aircraft. Mine laying and mine hunting operations around military facilities on the west coast and the presence of submarine exercise areas militate against the provision of fish farm moorings in some areas. Details of these areas are normally indicated on large scale Admiralty Charts or MOD Practice and Exercise Area ( PEXA) charts. MOD also has statutory safeguarding zones surrounding military facilities on land which extend over estuaries and marine areas. Further information can be found at www.defence-estates.mod.uk .

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