Fish Farming (Hansard, 19 December 1988)

§ Mr. Rifkind

I have now completed my review of the Crown Estate Commissioners' consultative procedures for the granting of seabed leases and I am able to announce my conclusions. Discussions have taken place with a range of bodies, statutory and non-statutory, with interests in conservation and in the development of the fish farming industry. We received a number of written representations, and a number of bodies also produced reports on various aspects of the fish farming industry during the period of our review. Among those who submitted views were Highland regional council, the Convention of Scottish Local Authorities, the Countryside Commission for Scotland, the Nature Conservancy Council, the fish farming committee of the National Farmers Union of Scotland and Scottish Wildlife and Countryside Link.

There was general agreement that the extensive consultation arrangements introduced by the commissioners two years ago were working well, and enabled all those with an interest in a lease application to make their views known. Some bodies argued that existing procedures gave insufficient opportunity for contentious cases to be discussed, and criticised the lack of an overall strategy for the development of the industry, against which individual lease applications could be assessed. The local authorities contended that marine fish farming should be brought into the planning system, so that decisions could be reached more openly by elected bodies and be subject to the existing appeal arrangements. Although some concern was expressed about the risks to the marine environment of intensive fish farm development, there was little criticism of the handling of particular applications by the 89W commissioners and a general recognition that the industry had brought immense benefits to many areas where alternative employment opportunities are scarce.

The Government have reviewed carefully the case for the extension of planning control, as we did some years ago following the report of the Montgomery committee. Having studied the evidence, we have concluded that a convincing case has not been made for an extension. We are satisfied that the commissioners have handled efficiently the rapid increase in the number of lease applications and have taken proper account of the relevant factors in reaching their decisions. Last year they produced guidelines for the siting and design of fish farms, and have been working on an expanded version of this document. A draft of this will shortly be the subject of consultations with interested parties. They have supplemented the resources they devote to the monitoring of existing developments. The introduction of planning control would require primary legislation, and raise difficult issues concerning the range of other offshore development to be covered by planning control. In addition, a successful applicant for planning consent for a fish farm could still be refused a lease by the commissioners as owners of the seabed in territorial waters.

We accept, however, that steps should be taken to enable contentious cases to be discussed more fully and to introduce an independent element into the decision-making process on such cases. I have therefore agreed with the commissioners that they will establish an advisory committee, to consider lease applications referred to it. The chairman and deputy chairman of the advisory committee will be appointed by me and the following statutory bodies will be invited to participate as members of the committee: the relevant district or general planning authority, the Countryside Commission for Scotland, the Nature Conservancy Council, the Highlands and Islands development board, the relevant river purification authority and the Department of Agriculture and Fisheries for Scotland. The committee will meet as frequently as is necessary to consider expeditiously cases referred to it.

Cases will be referred to the advisory committee where the decision which the commissioners propose to reach on a lease application encounters objections from one or more of the statutory bodies represented on the committee which cannot otherwise be resolved. The commissioners may also choose to put to the committee cases in other circumstances where they consider that they would find the advice of the committee of assistance. Applications for less than 3,000 sq m in cage area or in sea area for shellfish leases will not normally be put before the committee, 90W unless they are for areas regarded as very sensitive. These very sensitive areas were first identified in the guidelines published last year and are being expanded in the current revision of the guidelines. The chairman of the committee will report to the commissioners the outcome of the committee's discussions and will make a recommendation as to whether a lease should be granted. The commissioners will take full account of that recommendation in making their decision on the lease.

Should the committee decide that any case raises particularly difficult or wide-ranging issues it will be open to the chairman to advise the commissioners to refer the case to me for my advice before a decision is taken. The commissioners have undertaken that where such a recommendation is made they will refer the case to me and take particular account of my advice in reaching their decision.

The commissioners will issue further guidance about the operation of the advisory committee in due course The new procedures will come into effect as soon as the committee has been established, and I hope to announce the appointments of the chairman and deputy chairman as soon as possible.

During our consultations a number of representations were made suggesting that insufficient information was available about existing fish farm leases from the commissioners. Several bodies also complained that detailed reasoning was not given for decisions made on leases. The commissioners have assured me that full information is being made widely available about the numbers and locations of leases granted and that they will expand the reasoning for decisions in controversial cases.

I believe the new procedures I have outlined will enable the fish farming industry to look forward confidently to the future and will reassure those bodies who have expressed concern about the development of the industry that the environmental aspects of new developments will continue to be considered with particular care. The Crown Estate Commissioners have responded well to the needs of a rapidly growing industry. The new advisory committee procedures are designed to assist them in that task by facilitating discussion of difficult cases and by enabling me to advise on particular contentious applications. While the new procedures may mean that some applications take longer to resolve, I do not expect that a large number of applications will be referred to the committee, or to me. The Government wish to see the industry build on its successful development to date, while ensuring that the unique scenic and nature conservation values of the Highlands and Islands are protected.