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EXTENDING PLANNING CONTROLS TO MARINE FISH FARMING
Consultation Paper
Annex E
DRAFT SCOTTISH PLANNING POLICY: PLANNING AND FISH FARMING
CONTENTS
SUMMARY
This Scottish Planning Policy (SPP) provides new policy guidance on both marine
and freshwater fish farming developments.
A Strategic Framework for Scottish Aquaculture sets out a vision of
a sustainable, diverse, competitive and economically viable aquaculture industry.
It also commits the Executive to prepare an SPP to accompany the statutory provisions
extending planning controls to marine fish farming. This SPP draws on the Locational
Guidance and Advice Note published by the Scottish Executive in January 2003
and in addition takes into account the statutory elements of the planning system.
This SPP provides specific guidance to planning authorities on the issues that
should be considered when preparing their development plan or when dealing with
planning applications for both marine and freshwater fish farms.
The Scottish Executive has now introduced a system of statutory planning controls
for marine fish farming. The planning controls cover the marine waters (including
those presently covered by the Zetland and Orkney County Council Acts) defined
in the Water Environment and Water Services (Scotland) Act 2003 as coastal and
transitional waters (i.e. out to the 3-nautical mile limit). Both finfish and
shellfish farming are subject to the new planning controls.
The purpose of this SPP is therefore to;
- provide guidance on the particular factors to be taken into account when
considering proposals for new freshwater or marine fish farms, or modifications
to existing operations; and
- establish the national context for the preparation by planning authorities
of development plans for guiding the location of future fish farms.
POLICY GUIDELINES: GENERAL PRINCIPLES
Introduction
-
This Scottish Planning Policy (SPP) sets out the Executive’s planning
policy for fish farming, both marine and freshwater, in Scotland. It draws
on previous locational guidance prepared by the Executive and seeks to
reflect policies prepared by those local authorities with experience of
working in the marine environment.
-
This SPP sets out the matters relating to fish farming that planning
authorities should take into account when preparing development plan policies
and determining planning applications. It also sets out the matters the
Scottish Ministers will take into account when assessing both freshwater
and marine fish farming policies in development plans and planning applications
which come before them. It is also expected that developers will have
regard to these considerations when preparing proposals for new or modified
developments.
Policy Context
-
Ministers expect the planning system to play an important role in supporting
the delivery of development that is sustainable. SPP 1: The Planning
System identifies five Executive priorities linked to sustainable
development: economic competitiveness; social justice; environmental quality;
design; and integrated transport. Policies in other SPPs and National
Planning Policy Guidelines (NPPGs), for example NPPG 13: Coastal Planning
and NPPG 15: Rural Development (which is currently under review),
emphasise the importance of promoting and guiding new development to sustainable
locations. The significant contribution that fish farming makes to the
rural economy is acknowledged as is the need to balance economic and environmental
factors. Policy in these and other SPPs/NPPGs is therefore relevant to
fish farming developments and should be taken into account by planning
authorities in preparing polices for inclusion in their development plans
and in considering applications for planning permission as well as by
developers and others with an interest.
-
Planning policy for fish farming is part of a wider policy context.
A Strategic Framework for Scottish Aquaculture sets out the
Executive’s vision for Scottish aquaculture as:
"Scotland will have a sustainable, diverse, competitive and economically
viable aquaculture industry, of which its people can be justifiably proud.
It will deliver high quality, healthy food to consumers at home and abroad,
and social and economic benefits to consumers, particularly in rural and
remote areas. It will operate responsibly, working within the carrying capacity
of the environment, both locally and nationally and throughout the supply
chain."
-
In addition, A Partnership for a better Scotland states that
"We will support the growth of an aquaculture industry in salmon, other
fin-fish and shellfish that is sustainable, diverse and competitive."
-
The planning system has focused on onshore development. The offshore
elements of fish farming have lain outwith the statutory system that regulates
development on land. The Executive has therefore not previously issued
planning guidance on this issue.
-
In addition, no specific guidance has previously been prepared for freshwater
fish farming. The Scottish Executive was not persuaded that there was
a planning need for any such guidance: there was little call from planning
authorities and no demand was reflected in planning appeals. However,
we have taken the opportunity to introduce such guidance for freshwater
fish farming in tandem with guidance on marine fish farming.
-
In this context the SPP focuses on three general principles:
- Recognise the needs of local communities;
- Safeguard and enhance the environment — by requiring that new development
is of a high quality and protects the natural and historic environment;
- Identify constrained areas for fish farms — by recognising that, for
some areas, there may need to be constraints on development.
Fish Farming in Scotland
-
The Scottish fish farming industry has three main components:
- Marine fish farms, predominantly salmon but increasingly other species;
- Shellfish farms, producing a range of marine mollusc species; and
- Freshwater farms, producing trout for the table or smolts for on-growing
in seawater.
-
There are around 330 marine salmon, 360 shellfish and 270 freshwater
fish farms in Scotland. There are a small number of sites where other
marine species such as halibut, sea trout, cod and haddock are farmed.
Virtually all marine finfish farming production currently takes
place in the inshore waters of the west coast and the Western / Northern
Isles, where the most favourable operational conditions for marine aquaculture
are to be found. Marine fish farms are usually made up of a number of
net pens arranged around a framework of walkways and flotation collars
and moored to the seabed.
-
Concentrating on species such as mussels, oysters and scallops, shellfish
farming shows a similar distribution to marine fish farms, although
there are fewer shellfish farms in Shetland and Orkney. Mussels are generally
grown on weighted ropes suspended from buoyed lines or rafts with scallops,
which may also be grown in this way, or on the seabed with the area concerned
simply being designated by buoys. Oysters may be cultivated either on
trays placed below the low water mark or in net bags suspended from ropes.
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Production from freshwater fish farming is dominated by rainbow
trout produced either for the table trade or re-stocking sports fisheries;
and Atlantic salmon smolts for transfer to marine production sites. Usually
these are farms using ponds, raceways or tanks although smolt production
can be in cages established in some of the larger freshwater lochs.
-
The industry makes an important contribution to Scotland’s rural
economy with significant numbers of jobs, many of them in remote locations
where alternative employment opportunities are scarce.
RECOGNISING THE NEEDS OF LOCAL COMMUNITIES
-
As stated in A Strategic Framework for Scottish Aquaculture, community
acceptance and understanding of the aquaculture industry is vital. The
introduction of statutory planning controls should ensure that proposals
for marine fish farms are subject to a more effective, transparent and
democratically accountable system of regulation at the local level in
line with freshwater fish farms.
Community Engagement
-
While accustomed to land based development, planning authorities will
need to recognise that the community of interest in the marine environment
goes wider than those who live near a development and may include inshore
fishermen, sailors and yachtsmen, anglers, recreational users of the sea
etc. It may also involve inter-authority cross-boundary issues.
-
Planning authorities should consider whether there is an opportunity
for wider engagement with these interest groups through the establishment
of informal community liaison groups, fisheries advisory groups or panels
to deal with inter-sectoral issues. The establishment of any such liaison
arrangements will need to be well publicised and activities communicated
to the wider community.
Fishing and Navigation
-
Inshore fishing is an important source of livelihood in many coastal
areas. There is potential for conflict between fish farming and local
fishing interests. The effects of development on traditional fishing grounds,
salmon netting stations and angling interests should therefore be considered.
Advice on fishing interests can be obtained from SEERAD, the Scottish
Fishermen’s Federation, District Salmon Fishery Boards, West Coast
Fisheries Trusts and local fishermen’s organisations. The Salmon
Net Fishing Association of Scotland can provide advice in relation to
salmon net fishing stations.
-
In addition, in certain areas Several Orders have been granted. A Several
Order is a type of Fishery Order granted by the Scottish Ministers under
the Sea Fisheries (Shellfish) Act 1967 (as amended), where an exclusive
right to fish is granted to the person or body applying, covering a named
species, in a defined area for a specified time limit. Several Orders
are not covered by statutory planning controls.
-
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 of refuge. Care must be exercised by developments
avoiding areas marked by anchor symbols on Admiralty Charts.
Recreation and Tourism
-
In many areas of rural Scotland recreation and tourism support local
economies, and, to a varying degree, such activities depend on the quality
of the environment.
-
Coastal areas and inland lochs are used by a wide and growing range of
recreational interests and water-based recreational activities make an
important contribution to the economies of many rural communities. These
activities include sailing, canoeing, windsurfing, water-skiing, swimming,
sub-aqua diving, surfing, recreational fishing and the general enjoyment
of the coast. When considering development proposals, due attention must
be given to public safety considerations and care should be taken to avoid
impeding access to the foreshore for recreational purposes.
SAFEGUARDING AND ENHANCING THE ENVIRONMENT
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The natural and built environment 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.
Land based facilities
-
Land based facilities are already the subject of planning control. Paragraph
49 of NPPG 13: Coastal Planning, for example, notes that in areas
recognised for their landscape value, planning authorities should ensure
that new buildings are located and designed in a sensitive and unobtrusive
manner. Where appropriate, planning authorities should seek to promote
the co-use of onshore facilities, including jetties and piers.
Visual impact and design quality
-
The Scottish landscape is a valuable resource. As noted in NPPG 14: Natural
Heritage, the maintenance and enhancement of that landscape, exceptional
in both quality and diversity of character, is beneficial to all. National
planning policy and advice also emphasises the importance of fit and design
of new development in the landscape.
-
Local communities should be encouraged to contribute to development plan
policies and consultation on development proposals on fish farming through,
for example, any liaison group mentioned in paragraph 16 above. These
policies should guide developers towards good quality design appropriate
to the location. Design criteria should be applied reasonably and consistently
in development control.
-
Further guidance on the detailed siting and design of marine aquaculture
developments, both onshore and offshore, can be found in Marine Aquaculture
and the Landscape: The siting and design of marine aquaculture developments
in the landscape by SNH, The Crown Estate and Scottish Quality Salmon,
2000. The guidance offers advice on how to assess and address the landscape
and visual impact of marine aquaculture developments. It aims to ensure
that those involved in aquaculture developments are well informed on landscape
issues.
-
In general, given many of the issues such as visual and cumulative impact
are similar, the policy underpinning site selection for marine fish farms
should be the same for those in freshwater lochs.
Cumulative Impact
-
Planning authorities should consider the cumulative effect of new or
expanding developments on the environment and their landscape or visual
impact. On environmental grounds, practice has been for separation distances
to be prescribed. However, these were dropped from the revision of the
locational guidelines in early 2003. Separation distances should be judged
by the planning authority on a case by case basis, depending on management
practices, disease risk, local conditions etc.
-
In landscape and visual impact terms, advice on cumulative impact can
be found in Marine Aquaculture and the Landscape referenced above.
-
In considering cumulative impact, the Crown Estate may be able to provide
information on both existing leases for development that may have not
yet been developed, and also applications that are under consideration.
Natural Heritage
-
Natural heritage covers landscape, nature conservation and biodiversity
interests. NPPG 14: Natural Heritage gives guidance on how national
policy for the conservation and enhancement of Scotland’s natural
heritage should be reflected in planning policy. Further information on
natural heritage considerations can be found in the section on Constrained
Areas for Marine Fish Farms.
Historic Environment
-
NPPG 5: Archaeology and Planning and NPPG 18: Planning and
the Historic Environment are important statements of Scottish planning
policy. They set out the Scottish Ministers’ continuing commitment
to the protection and the positive management of the historic environment.
-
Where relevant, freshwater fish farms will already have been subject
to the considerations in these NPPGs. However, in the marine environment,
planning authorities will also need to consider additional aspects of
the historic environment when considering policies in their development
plans and determining planning applications.
-
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.
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Further information on the location of marine sites can be found on the
CANMORE database (http://www.rcahms.gov.uk)
which allows on-line access to the National Monuments Record of Scotland
(NMRS). The database contains details of archaeological sites, monuments,
buildings and maritime sites in Scotland. It also enables this data to
be searched by location (place name, area or Ordnance Survey 1:10,000
map sheet) by type (the classification or function of a site, monument
or building) or by keyword.
-
The Historic Scotland Policy Paper HP6: Conserving the Underwater
Heritage which contains further information on theses issues can be
found on their website at http://www.historic-scotland.gov.uk/underwater.pdf.
-
The impact of proposed development on the integrity and setting of the
sites listed above should be considered, where appropriate, as a material
consideration in determining planning applications.
Containment; Other Control and Regulatory Regimes
-
Concerns have been expressed as to the issue of escapes from fish farms,
both marine and freshwater fish farms. This has mainly related to fish
farms where escapes could possibly lead to adverse effects on wild salmon.
The planning system is not the most appropriate legislative framework
for dealing with such concerns but can assist with appropriate locational
and design criteria. Planning authorities should be aware that A Strategic
Framework for Scottish Aquaculture looks to the development of various
guidance documents including one containing guidance on containment which
would provide guidance on fish farm cage / equipment design and security.
-
In addition to the statutory planning system, a number of other control
regimes exist for fish farms. These include:
- the requirement for a discharge consent, currently obtained from SEPA under
section 34 of the Control of Pollution Act 1974;
- consent from the Scottish Executive Enterprise, Transport and Lifelong
Learning Department for a consent under section 34 of the Coast Protection
Act 1949; and
- deposits in the sea require to be licensed under Part II of the Food and
Environment Protection Act 1985 (FEPA). However the deposit of any article
or substance directly connected with the propagation or cultivation of fish
or shellfish is exempt from licensing by virtue of the Deposits in the Sea
(Exemptions) Order 1985 (SI 1985 No. 1699). There may however be associated
works such as the installation of a nearby jetty or slipway which would fall
to be licensed under FEPA. Licences are assessed and issued on behalf of the
Scottish Ministers by the Fisheries Research Services, Marine Laboratory at
Aberdeen.
-
As noted in paragraph 57 of SPP 1, the planning system should not be
used to secure objectives that are more properly achieved under other
legislation. 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.
CONSTRAINED AREAS FOR MARINE FISH FARMS
-
In order to provide a positive framework for the location of new marine
fish farming developments while safeguarding the environment and other
interests, the Scottish Ministers have considered it necessary to identify
those areas which are likely to be particularly environmentally sensitive
to new or expanded developments, and in which stringent environmental
sensitivities relating to both nutrient loading and the natural heritage
should be required to be fully addressed before planning permission is
given.
Presumption Against Further Development on the North and East Coasts
-
The Scottish Ministers introduced a presumption against further aquaculture
development on the north and east coasts in 1999. 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
further development of marine finfish farming developments on the east
and north coasts will continue to apply until possible effects of new
species development on wild salmonid populations can be more fully assessed.
Nutrient Loading and Associated Benthic Impact
-
In addition to the presumption against further development on the east
and north coasts, the Scottish Ministers proposed three categories of
areas of coastal waters, based on the level of nutrient loading and associated
benthic impact within each area arising from existing fish farm developments:
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.
-
The procedures used by the Fisheries Research Service (FRS) to categorise
areas are detailed on the FRS website: www.marlab.ac.uk.
Categorisations are reviewed on a quarterly basis, independently of this
SPP, and can be viewed on the above website.
-
Due to the marginal effect of shellfish farming on nutrient loading,
the nutrient loading categories do not apply to shellfish farming.
Natural Heritage
-
For marine and terrestrial Special Protection Areas (SPAs) and Special
Areas of Conservation (SACs), designated under the EU Natura Directives,
particular arrangements must be applied in considering any proposals that
might affect them. Any proposal, which is likely to have a significant
effect on the interests for which the site was 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. 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
and habitats listed in the Natura Directives within the wider environment.
Careful consideration of the potential impact of proposed developments
on these conservation interests should be given. 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 and NPPG 14: Natural
Heritage also addresses the matter.
-
The prospects for further substantial new developments may be limited
within these areas, 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 effect,
so enhancing the qualities of the area.
-
As noted in NPPG 14: Natural Heritage, Sites of Special Scientific
Interest (SSSIs) are defined in the Wildlife and Countryside Act 1981
as areas of land or water which are of special interest by reason of their
flora, fauna or geological or physiographical 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 sites
can be affected by developments some distance away.
-
Due regard must also be paid by local authorities to landscape designations
and to the statutory duty to further biodiversity under the Nature Conservation
(Scotland) Act 2004.
-
Further information on the features described above can be found on the
SNH website http://www.snh.org.uk/.
Applicants are encouraged to contact the local SNH office or planning
authority.
Military Training and Testing Areas
-
Fish farming is one of a number of activities excluded under bylaws from
the Ministry of Defence 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. Details of
these prohibited areas are normally indicated on the large scale Admiralty
Charts. In addition 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. For
more information, applicants are encouraged to contact the Ministry of
Defence.
IMPLEMENTATION
Development Planning
-
Development planning provides the opportunity for planning authorities
to set out their policies for fish farming and to provide more detail
on areas to which specific policies apply. In addition, development plans
provide the planning context for considering planning applications and
guiding development to appropriate sustainable locations.
-
As suggested in NPPG 13: Coastal Planning, it has been the practice
of some local authorities to prepare non-statutory framework plans for
marine fish farms to guide their consideration of proposals. Where these
have been prepared, they may provide a basis for the statutory development
plan policies relating to marine fish farming. They may also provide interim
policy guidance until appropriate policies have been adopted in the relevant
local development plan.
-
Development plan preparation should embrace a wide range of views including
those representing economic, environmental and community interests. Planning
authorities should therefore work with the fish farming industry as well
as local and environmental interests, including District Salmon Fishery
Boards and Fisheries Trusts, in the preparation of their development plan.
-
In addition, when drawing up the development plan, planning authorities
will wish to bear in mind that there are likely to be areas which are
not listed within Category 1 and 2 (see paragraph 46) which might be considered
‘sensitive’ to increased nutrient loading but are not designated
because they currently contain no aquaculture development. Planning authorities
may wish to consider identifying some areas that should remain undeveloped.
Further information can be obtained from SEERAD.
-
Developments plans should include policies which:
- support the Scottish Ministers’ commitment to the growth of an aquaculture
industry that is sustainable, diverse and competitive;
- recognise the locational constraints identified in this document and identify
areas or sites where, for overriding environmental reasons, development proposals
would only be allowed in exceptional circumstances, and
- provide a clear development control framework for fish farming.
Development Control
-
Development control decisions should be underpinned by a clear planning
policy framework set out in the development plan.
-
Prospective developers are encouraged to discuss their proposals with
the planning authority and statutory agencies before submitting formal
applications. Developers may also wish to consider undertaking informal
discussions with local groups such as those identified in paragraph 16.
This will help them to identify potential constraints at an early stage
and the need for and potential scope of any Environmental Impact Assessment.
Applications should be supported by sufficient information to enable the
planning authority and their consultees to assess the likely effects.
-
It is important that a consistent approach to decision making is adopted
to allow individuals, communities, environmental and development interests
to be clear about what will be allowed and the standards that will be
sought in terms of siting or design.
-
In seeking to reconcile the opportunities for local employment and other
economic benefits arising from fish farming with other interests, including
environmental and conservation considerations, certain factors are particularly
relevant along with national and local policy, when assessing individual
proposals for fish farms. They should be addressed, where appropriate,
in an Environmental Impact Assessment (see paragraphs 64 — 71 below)
and conditions attached, where appropriate, to planning applications.
The factors are:
- landscape and visual impact;
- siting and design;
- effect on natural heritage and the historic environment;
- effect on fishing and navigation;
- aspects of pollution, disease and carrying capacity;
- access and infrastructure requirements, and
- methods of operation (e.g. lighting impacts, associated noise etc).
Environmental Impact Assessment
-
Environmental Impact Assessment (EIA) is an integral part of the process
of determining applications for fish farms. The EC Directive on Environmental
Assessment (85/337/EC) as amended by Directive 97/11/EC seeks to ensure
that where a development is likely to have significant effects on the
environment, the potential effects are systematically addressed in a formal
environmental statement.
Marine Fish Farms
-
The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations
1999 brought the amended Directive into force and applied to all marine
fish farm developments but not to marine shellfish farming.
-
Marine fish farming falls within the types of projects listed in Annex
II to the Directive. Such developments must therefore be subject to EIA
whenever they are likely to have significant effects on the environment.
This includes changes or extensions to existing developments that may
have significant adverse effects on the environment even where the original
development was not subject to EIA.
-
The criteria set out in the above 1999 Regulations will be transposed
into the Environmental Impact Assessment (Scotland) Regulations 1999.
-
Applicants are encouraged to seek a screening opinion from the planning
authority at a very early stage in developing proposals for new sites
or significant expansions to existing sites.
-
The Crown Estate, in conjunction with Scottish Quality Salmon and the
Shetland Salmon Farmers Association, published Environmental Assessment
Guidance Manual for Marine Salmon Farmers. The manual provides advice
about how to prepare Environmental Statements and is also applicable to
development of proposals for species other than salmon. Copies are available
on request from the Crown Estate.
Freshwater Fish Farms
-
"Intensive fish farming" is subject to EIA as a Schedule 2 development
in the Environmental Impact Assessment (Scotland) Regulation 1999.
-
As freshwater fish farms have been controlled through the statutory planning
system, this has led to qualifying freshwater fish farms being subject
to EIA. The introduction of EIA for marine fish farms into the statutory
planning system will not lead to any changes in the consideration of EIA
for freshwater fish farms.
CONCLUSION
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The Scottish Executive has set out a vision for a sustainable, diverse,
competitive and economically viable aquaculture industry. Not all of these
issues can be addressed through the planning system. However, planning
has an important role in achieving an appropriate balance between the
interests of people, businesses and organisations proposing fish farming
developments, and those of individuals and communities whose quality of
life will be most affected by such developments.
ENQUIRIES
-
Enquiries about the content of this SPP should be addressed to Steve
Dowell, Planning 3, Scottish Executive Development Department, Area 2H
Edinburgh, EH6 6QQ Tel (0131 244 3108): e-mail Steve.Dowell@scotland.gsi.gov.uk.
-
Further copies can be obtained by telephoning 0131 244 7066. This and
other Scottish Executive planning documents are available from the Executive’s
website at http://www.scotland.gov.uk/Topics/Planning-Building/Planning
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