Fixed targets on private land. (Scotland)

[Reloader708]

Whats are the legalities of having fixed targets on private land in scotland, with dedicated firing points.
Obviously taking into account the 28 day rule regarding planning.
The idea is for firearms users visiting the estate (and staff) to zero or practice either with estate rifles or their own under supervision as required.

Obviously professional advice is ultimately required but as for now im just testing the water in case ive missed anything glaringly obvious.

Thanks in advance.

 

[Heym SR20]

Whats are the legalities of having fixed targets on private land in scotland, with dedicated firing points.
Obviously taking into account the 28 day rule regarding planning.
The idea is for firearms users visiting the estate (and staff) to zero or practice either with estate rifles or their own under supervision as required.

Obviously professional advice is ultimately required but as for now im just testing the water in case ive missed anything glaringly obvious.

Thanks in advance.

Do you have permission to shoot on the land, and do you have appropriate conditions on your FAC?

If so put up target and shoot. It is however up to you as the shooter to ensure that it is all safe with adequate back drops etc.

I suspect if you want to put in place permanent structures etc then planning may be required.

The vast majority of deer stalkers and estates have somewhere where rifles can be zeroed in/ load development etc.

The NRA does publish a full handbook on range design. Whilst this is focused on more permanent target shooting ranges there is a lot of useful information on things to consider.

In the past the military would sign off civilian ranges with range safety certificates. Those days are now long gone due to potential liabilities. It is now up to those using and operating the range to ensure that it is safe and operated safely.

They key criteria is to ensure that bullets go where they are meant to and then stay where they are. Biggest consideration are:

1) prevention of accidental discharges and bullets going way out of the range. Bipods on rifles allow rifles to pointing nicely in the air with muzzles well above any backdrop. Mostly muzzle safety is a function of a) the shooter, and b) the supervisor

2) Ricochets - and here its the choice of target and backstop. Hard plate steel - great if the bullet impacts directly, real challenge if they clip the edge and can go singing off in all directions. You want a backdrop that captures the bullets, and backdrop should be free of hard stones etc.

Also note the new regulations coming into force re lead ammunition. These are not yet mentioned in the NRA handbooks.

https://nra.org.uk/wp-content/uploads/NRA-RANGE-DESIGN-AND-SAFETY-HANDBOOK-DEC-2022-22-12-22-1.pdf

 

[ContinShots]

If you are solely using the land for target shooting and that use does not exceed 28 days in any one calendar year, it's covered by the 1992 Permitted Development Order and you don't have to apply for planning permission. We managed to fend off an ill judged proposal to remove that 28 day temporary use for target shooting just a few years ago now, so it still exists.

However, it's important to note, and this is where people go wrong, forming permanent firing points and butts is technically development and may require planning permission. Butts you may get away with so long as they are not too substantial and, depending on the circumstances, you may be able to argue that it's development requisite for the purposes of, or ancillary to the use of the land for agriculture.

Formal firing points under cover or sheds or buildings erected as firing points are less likely to be considered as agricultural development and may require planning permission.

Please also note that all new or upgraded agricultural tracks in Scotland now require prior notification and if they were only used for shooting it's likely that they may be considered non-agricultural development and an application for planning permission may be requested by the Planning Authority.

 

[Liveonce]

agricultural land is just that, so if you change it’s use outside the 28day rule you would need planning permission.

Also consider insurance liability.

 

[ContinShots]

agricultural land is just that, so if you change it’s use outside the 28day rule you would need planning permission.

Also consider insurance liability.

It depends whether the use of the land - even outwith the 28 day generic temporary use PDR - could still be considered agricultural or ancillary to agricultural use. Depending on the scenario, it is entirely possible to argue that practice or zeroing rifles for land management use, for example, is still a use that would fall under or be ancillary to 'agriculture', bearing in mind also that use of land for 'agriculture' isn't actually development under the Scottish Planning Acts either. If, however, the practice or zeroing was undertaken by people who weren't carrying out land management or other related agricultural activities in the land (eg. the estate ran activities like clays or quad biking and also used land as a recreational smallbore range, for example), then you are going to be limited to the 28 day temporary used PDR as that would almost certainly cross over into change of use. As with many things in planning, it's context-dependant and fact and degree.

 

[Liveonce]

It depends whether the use of the land - even outwith the 28 day generic temporary use PDR - could still be considered agricultural or ancillary to agricultural use. Depending on the scenario, it is entirely possible to argue that practice or zeroing rifles for land management use, for example, is still a use that would fall under or be ancillary to 'agriculture', bearing in mind also that use of land for 'agriculture' isn't actually development under the Scottish Planning Acts either. If, however, the practice or zeroing was undertaken by people who weren't carrying out land management or other related agricultural activities in the land (eg. the estate ran activities like clays or quad biking and also used land as a recreational smallbore range, for example), then you are going to be limited to the 28 day temporary used PDR as that would almost certainly cross over into change of use. As with many things in planning, it's context-dependant and fact and degree.

indeed, like what you say, shades of grey, depends how you read the OP, if visiting the estate to zero prior to deer stalking on the estate or visiting to use the facility just for some practice at some targets and possibly paying to do so but never any intention of deer stalking on the estate.

 

[ContinShots]

indeed, like what you say, shades of grey, depends how you read the OP, if visiting the estate to zero prior to deer stalking on the estate or visiting to use the facility just for some practice at some targets and possibly paying to do so but never any intention of deer stalking on the estate.

I have seen estates fall foul of this before. They've set up ranges for staff or paying clients to practice and zero before go if out on the hill to stalk, and that tends to fall under agricultural use of land, but they've then opened up the range to people who just want to shoot targets, and that can stray into changed use. I appreciate why to someone who isn't up to speed with planning law it may seem like no different, but it is.