HL Deb 12 December 1991 vol 533 cc41-2WA
Lord Norrie

asked Her Majesty's Government:

When they will announce the outcome of the consultation on permitted development rights (i) for fish farming and (ii) for smaller agricultural holdings.

Viscount Astor

My right honourable friends the Secretaries of State for the Environment and for Wales issued consultation papers inviting views on possible changes to planning controls over fish farming and on the implementation of new planning controls over agricultural and forestry buildings on 22nd July, and 24th September. We are grateful to the many bodies and individuals who responded. Lists of their submissions are being placed in the Library of the House, where copies will be available on request.

The fish farming consultation paper, which was directed at fish farming inland and excluded marine fish farming, stated that the Government's aim is to align planning controls over fish farms as closely as possible with planning controls over other forms of agriculture. It proposed to: (i) withdraw all permitted development rights for fish farming on agricultural units of fewer than five hectares, and on parcels of agricultural land of fewer than one hectare on larger units; (ii) withdraw the right of registered fish farm businesses to remove minerals from smaller sites; and (iii) make the new permitted development rights already announced for floating fish tanks (cages) outside the National Parks subject to the prior notification scheme being introduced for farm buildings.

The Government have decided to implement these changes with one modification, and amendments to the General Development Order (GDO) have been laid before Parliament today. Certain limited rights will be retained in connection with fish farming on smaller units, in line with our proposals for smaller agricultural holdings. At the same time Section 14 of the Planning and Compensation Act 1991 will also be brought into effect on 2nd January 1992 extending planning controls over fish tanks (cages) in inland waters; and the GDO will be changed to implement decisions already announced to withdraw permitted development rights for fish farm excavations and engineering operations in National Parks, introduce permitted development rights for fish tanks (cages) in inland waters outside National Parks, and require local planning authorities to consult the National Rivers Authority when dealing with planning applications for fish farms.

The consultation paper also made proposals on the environmental assessment of fish farms. These do not involve the GDO, and we will be announcing our decisions later.

The 24th September consultation paper explained that in drawing up guidance on the new planning controls for larger agricultural holdings announced in June the Government had formed the view that there was a strong case for small farming enterprises to have limited permitted development rights, similar to those for other industry but more restricted to avoid significant environmental problems. The Government has decided to introduce such rights by amending the GDO from the date that general agricultural permitted development rights are withdrawn from such holdings. The ability of local authorities to control the siting and design of alterations and extensions and private roads in National Parks will, however, continue.

The same GDO amendment order will expand discretionary controls over agricultural excavations and farm waste deposits which individually or collectively exceed 0.5 hectares on one site. All these changes to planning control come into operation on 2nd January 1992.

The second consultation paper also invited comments on draft guidance for local planning authorities on agricultural buildings and roads constructed under permitted development rights. The final guidance will be issued in a revised version of Planning Policy Guidance Note 7 early next year.

The wide ranging new planning controls over agricultural and forestry development announced in June and the decisions announced today are due to take effect on 2nd January 1992. This new regime will produce substantial environmental benefits, while ensuring that the rural economy can continue to prosper. We confirm our intention to monitor the operation of the new system and review the position in three years' time.