COMMONS AMENDMENT (Hansard, 1 July 1991)

§ The Lord Advocate (Lord Fraser of Carmyllie)

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 38.

In moving this amendment, I should like to speak also to Commons Amendment No. 91. These amendments fulfil a commitment I gave on Report. At present freshwater fish tanks and cages count as development if they involve an engineering operation to fix them to land but may not otherwise. Their visual impact can be significant irrespective of how they are moored, and we have recognised that the existing position is unsatisfactory. Under these amendments, the placing or assembly of any tank in any part of inland waters for the purpose of fish farming would constitute development, whether in England, Wales or Scotland. The carrying out on land of building and other operations for fish farming already constitutes 799 development. The amendments would ensure that all freshwater fish tanks counted as development, whether they were on land or in inland waters.

We discussed fish farming at some length during the earlier stages of the Bill. In view of that interest, it may be helpful for me to summarise and update the Government's position on planning controls over freshwater fish farming. In Scotland there are no permitted development rights for fish farm buildings or operations. In England and Wales certain permitted development rights are conferred by the general development order. We have announced that we will withdraw rights in the national parks, as recommended by the Select Committee on Agriculture in another place, and that we will require local planning authorities to consult the National Rivers Authority when dealing with planning applications for fish farms. We have also announced that, in parallel with Commons Amendment No. 38, we will introduce permitted development rights for floating freshwater tanks and cages in England and Wales outside the national parks. That is in line with the thinking of the Select Committee in its comprehensive report.

Since we last debated fish farming, the Government have announced changes to agricultural permitted development rights in England and Wales and introduced an amendment to this Bill on environmental assessment. We intend shortly to issue a consultation paper on permitted development rights for fish farming taking account of those developments. I trust that these remarks will serve to set Amendments Nos. 38 and 91 in their wider context and to show the importance which we attach to the subject of fish farming.

§ Lord McIntosh of Haringey

My Lords, I am afraid that this is another example of the Government appearing to make the right noises on the face of the Bill and then announcing, as the noble and learned Lord has just done, that they propose not to give effect to such changes. It is paradoxical that it should be the noble and learned Lord who makes the announcement. After all, as he said himself, there are no permitted development rights for fish farming in Scotland. However, what he did not say was that the permitted development rights in Scotland were withdrawn in March 1990 where they had existed before.

As I understand it, the position which is now proposed for England and Wales is that there will be permitted development rights, except in national parks. I put it to the Government that the situation in England and Wales ought to be closer to that which pertains in Scotland and that the powers which are provided by the amendment (which apply only to floating fish tanks, and of course there are existing controls which apply to those that require engineering works to connect them to the land) are still pretty 800 minimal and should be more widely extended beyond national parks; indeed, many other environmentally sensitive areas ought to be covered by the amendment.

I can only say that it was not worth tabling a further amendment to this amendment because the face of the Bill now makes it possible for the Secretary of State to exercise wider controls. It is possible that a future Secretary of State would wish to do so.