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Non-statutory Framework Plans
17. 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. In the light of the policy guidance in this Note and in the National Planning Policy Guideline (NPPGs) on "Coastal Planning", "Natural Heritage" and "Rural Development", in those areas where the potential for new or expanded fin and shell fish farms is recognised,
The involvement of the industry as well as local and environmental interests, including District Salmon Fishery Boards and Fisheries Trusts, in the preparation of these framework plans is essential. In drawing up Framework Plans authorities will wish to bear in mind that there are likely to be areas which are not listed within Category 1 and 2 which might be considered ‘sensitive’ but are not designated because they currently contain no aquaculture development. In addition, authorities will wish to consider identifying some areas which should remain undeveloped.
Assessment of Applications
18. In seeking to reconcile marine fish farming, with its prospects for local employment and other economic benefits, with other interests as well as environmental and conservation considerations, the following factors are particularly relevant and will be a material consideration, along with national and local policy, when assessing individual proposals. They should be addressed, where appropriate, in the environmental assessment and conditions attached to leases:
Decisions will require a balanced judgement on each application taking into account development plan policies, the applicant’s case for the proposed development, the environmental implications of carrying it out and other material considerations.
19. Where there are sound objections to a particular proposal, the applicant will be required to demonstrate that these can either be overcome or how any significant detrimental environmental effects can be adequately mitigated before a lease can be granted. Material arguments which might outweigh objections to the proposed development could include matters such as environmental benefits arising from the restructuring of existing operations.
Environmental Monitoring
20. It is a well established technique within the planning system to monitor the effects of development on the environment, particularly where the latter is sensitive to change. The monitoring of effects on the marine environment by fish farmers under the requirements of consents issued under the Control of Pollution Act 1974 is also already well established. Environmental management is an integral part of environmental codes being adopted by many sectors of industry in recognition of the public concern for better safeguards for the environment as a whole. The Scottish fin and shellfish growers associations are encouraged to develop such codes in association with other interested bodies.
21. This guidance has been prepared on the basis of the best information currently available. It will be kept under review in the light of work currently underway by the Joint Industry/Government Working Group on ISA and the Tripartite Industry/Wild Fish Interest/Government Working Group on west coast stocks and more generally in the light of advances in scientific understanding of the coastal environment and changes in technology, husbandry practice and the pattern of site demand. It will also be reviewed in the light of the proposed legislative changes when approved by the Scottish Parliament.
22. Enquiries about the content of this guidance should be addressed to
Gillian Moynihan
(0131 244 6223) SERAD,
Room 401,
Pentland House,
47 Robb’s Loan,
Edinburgh EH14 1TY.
The guidance is available on the Scottish Executive web site and further copies may be obtained from Ann Baldwin (0131 244 6225).
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