The Crown Estate Lease

As owner of virtually all the seabed around the UK out to the 12nm limit, our permission is required by those wishing to carry on fish farming operations that take place on Crown land.  We are not a regulator of and have no statutory function in the managing of the fish farming industry. However, any use of Crown Estate seabed is only lawful where a lease is granted by us.

Aquaculture leases in Scotland

On 7 March 2007 an order was approved by the Scottish Parliament that gave planning authorities statutory planning powers for fish farming developments in marine waters around Scotland. Since 1 April 2007 all marine fish farms require planning permission. Application for planning permission is made to the relevant local authority under planning legislation. An important point about the new scheme is that the planning permission will be attached to the area of foreshore / seabed in question and will not be company specific. Where the foreshore / seabed is Crown owned then the right to occupy the site will be by means of a lease from us as landowner.

Part of the arrangements to bring fish farms in waters around Scotland into the statutory planning regime was a transitional process to allow fish farms in operation at 1 April 2007 to acquire permanent planning permission by a marine fish farm review process administered by the Scottish Government. Fish farm sites that have been granted permanent planning permission through the marine fish farm review process may continue to operate until any leases and licences issued prior to April 2007 expire, after which a new seabed lease will be required. This will require an application for a lease to be made to us.

An application for a fish farming lease can be made at any time, without a valid planning consent required as a prerequisite. If planning permission has not been obtained, then rather than a full lease a lease-option will be offered (a lease-option will be important where an applicant does not want to commit to the expenditure of pursuing a planning application without some assurance that a lease will be granted if planning permission is obtained). A lease-option agreement would remain in place until planning permission is granted but would lapse if the planning permission is not granted within the period specified in the option agreement.

In addition to a lease, and planning consent from the relevant local authority, all fish farming operations in marine waters around Scotland will also require consent under Section 34 of the Coastal Protection Act 1949 from the Scottish Government, and where applicable, authorization under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 from the Scottish Environmental Protection Agency.

Renunciation of lease

Tenants wishing to renounce a lease must complete a renunciation form (please check the 'forms and guidance notes' section for the relevant link) and submit it to us. Renunciation can only be accepted and confirmed when all applicable obligations under the lease have been satisfactorily observed. For further information please read the section below on decommissioning and removal.

Aquaculture leases in England & Wales

Aquaculture in England & Wales does not currently fall under any statutory planning regime, although this may change as a result of the UK Marine & Coastal Access Act.

Therefore in considering an application for an aquaculture lease in England or Wales, we will consult with statutory authorities and representatives of other interested parties, generally through a public consultation. A copy of the procedure document for this process is available on this page - please consult the 'forms and guidance notes' section to find the relevant link.

In addition to a lease all fish farming operations in marine waters around England & Wales will also require consent under Section 34 of the Coastal Protection Act 1949 from the Marine & Fisheries Agency (MFA).

Application forms and guidance notes are available on this page.

Pre-application consultation

Whether in Scotland, England or Wales, we encourage those who may wish to apply for a lease or lease option agreement to contact us prior to applying to check on the availability of the location concerned.

We also strongly recommend that proposed aquaculture developments are discussed with statutory authorities and other stakeholders likely to be involved with or affected by the proposed development. In holding such discussions prior to applications being submitted potentially significant issues which may hinder the progress and / or successful conclusion of an application can be addressed at an early stage and any appropriate measures required included in the subsequent application.

Decommissioning and removal of deployed equipment

It is a condition of any lease issued for aquaculture development that at the end of the lease, all equipment associated with the fish farm, including moorings, is completely removed, and this requirement must be factored into any development. We reserve the right to request a seabed survey to confirm such removal where this may be considered appropriate.

Further information

   Association of Scottish Shellfish Growers

   CEFAS

   Scottish Government

   Scottish Salmon Producers Organisation

   SEPA

   Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007

For further information please email us at Enquiries.

For further information on our Scottish holdings, please visit our Scotland page.