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New Atlantic Salmon Fish Farming Site at Groay Lingay Islands, Sound

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New Atlantic Salmon Fish Farming Site at Groay Lingay Islands, Sound ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 31 MAY 2011 APPLICATION FOR PLANNING PERMISSION FOR DEVELOPMENT OF NEW ATLANTIC SALMON FISH FARMING SITE COMPRISING 20 NO. 24 SQ METRE SQUARE CAGES IN TWO GROUPS AND COMPLEMENTARY SHELLFISH SPECIES ON 6 NO. 200 M LONGLINES AT GROAY LINGAY ISLANDS, SOUND OF HARRIS (REF. NO. 10/00468/FFPA) Report by Director of Development PURPOSE OF REPORT Since this proposal has received more than three letters of representation from separate parties which contain matters which are relevant material planning considerations, the application cannot be dealt with under delegated powers and is presented to the Comhairle for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is a planning application by Mr Andrew Rodger, Berneray, North Uist for the development of a new fin-fish and shellfish farm in marine water between the islands of Groay and Lingay, on the east side of the Sound of Harris. The development comprises 20 no. 24 sq metre square cages groups (for Atlantic Salmon) sited in two groups of 10 cages (5 x 2 cages per group). The groups are sited at right angles to each other with a feed barge sited between and 6 no. 200m long longlines (for the growing of shellfish (and seaweeds)) moored parallel to the long axis of the above cages; the long-lines anchored within the same mooring system that will secure the fish cages in position. The cultivation of seaweed does not fall within the definition of ‘development’ and is therefore not subject to planning control. The site would be serviced from Berneray Harbour and Otternish slipway. 2.2 One petition (with 76 signatories), an on-line petition from ‘Save our Seals’ (with 1013 ‘signatories’) and 96 written representations cite objections and issues including failings in fulfilling the statutory requirements and procedures of Environmental Impact Assessment (EIA) and planning, need for EIA, adverse impacts on the National Scenic Area; adverse impact on marine species, primarily otter, common and grey seal populations, cetaceans; birds (in particular cormorant), but also other species; conflict between some of the above as predatory species and the proposed fish farm; risk of farmed fish escape, lice and disease and resultant impact on wild fisheries; socio economic impacts including adverse impact on tourism, impact on navigation, cultural heritage, and neighbouring use; setting of precedent for further fish farm development in the area; noise, light and waste pollution; unsuitable site conditions (depth, bathymetry, exposure, flushing), breach of disease fire-break; pen type pre- disposed to disease; and proposed farm unsustainable. 2.3 In assessing an application for planning permission the Comhairle must base its decision on the statutory Development Plan unless material considerations indicate otherwise. The proposal has been assessed against the Development Plan and consideration given to material considerations including Scottish Government Guidance, and relevant third party representations. There are no objections from statutory or other consultees. The proposal has been assessed as complying with the Development Plan and while there are relevant material planning considerations, it is judged that none either individually or collectively carry sufficient weight to justify refusal of the application. Planning conditions are proposed to address issues that require management through the planning system. It is recommended that the application be approved subject to the conditions shown in Annex A to the Report. RECOMMENDATION 3.1 It is recommended that the Comhairle APPROVE the application subject to the conditions shown in Annex A to the Report. Contact Officer Morag Ferguson/Keith Bray e-mail: [email protected] ANNEX A Schedule of proposed conditions (Attached to report) B Location plan and charts C EIA screening opinion of CnES D EIA Screening Direction of Scottish Ministers E Consultation responses of SNH, Marine Scotland, SEPA and DSFB Background Papers: Planning Application 10/00468 (with Appendices) and a copy of detailed representations will be placed in members’ lounge in advance of the Committee meeting. REPORT DETAILS REPORT STRUCTURE 4.1 The Report is structured as follows: Section 5 Description of the proposal Section 6 Legislative framework and duties of the planning authority Section 7 Summary of representations Section 8 Consultee responses Section 9 Comments from applicant Section 10 Planning history Section 11 Western Isles Development Plan Policy considerations and response Section 12 Material Considerations - Scottish Planning Policy and comment Section 13 Material Considerations – comment on representations Section 14 Summary and conclusions DESCRIPTION OF THE PROPOSAL 5.1 This is an application for detailed planning permission for the development of a new fin-fish and shellfish farming site at a currently undeveloped location between the islands of Groay and Lingay in the Sound of Harris. The development comprises 20 no. 24 sq metre square cages groups (for the growing and feeding of Atlantic Salmon) sited in two groups (5 x 2 cages per group) with one group sited at right angles to the other with a feed barge sited between the two cage groups and 6 no. 200m long long-lines (for the growing of shellfish (and seaweeds)) moored parallel to the long axis of the above cages. The long-lines are to be anchored within the cages’ mooring system. Seaweed cultivation does not fall within the definition of ‘development’ and is therefore not subject to planning control. The application site to the limit of the moorings extends to 7.02 ha while the surface area actually covered by equipment extends to circa 1.58 ha. The proposed biomass of Atlantic salmon is 1522t with an estimated biomass of 159t of shellfish. 5.2 The proposed farm is sited between the islands of Groay and Lingay in the Sound of Harris. The site is located circa 8.7km due east of the Berneray Harbour, North Uist and 6.9km due south of Leverburgh Harbour, Isle of Harris. The closest settlements are Strond and Borrisdale on Harris at approximately 5km (3 miles) distance. The site is detailed in the plans attached at Annex B to the Report. 5.3 The proposed site lies within the South Lewis, Harris and North Uist National Scenic Area (NSA). 5.4 A valid planning application for the proposal was submitted by Mr Andrew Rodger, North Lamerick, Berneray, North Uist on 27 August 2010. 5.5 The planning application comprises the following: • Planning Application Form • Summary of likely significance of effect of the development on the environment • CAR Discharge Licence • Design statement • Appendix 1 – Project Overview • Appendix 2 – Charts and Plans • Appendix 3 – Nutrients • Appendix 4 – Hydrographics, Modelling, Benthic Grab and Video Survey • Appendix 5 – Medicines and Chemicals • Appendix 6 – Proposed Environmental Management System • Appendix 7 – Codes of Practice • Appendix 8 – Seabed Integrated Multi-Trophic Aquaculture (sIMTA) • Appendix 9 – Presentation of visual appearance of Development • Appendix 10 – Note on Structural integrity of cages, nets and moorings • Appendix 11 – Navigation Considerations • Appendix 12 – Wildlife Interactions 5.6 In addition to the above, the following additional information was submitted in response to requests for further information or in order to aid assessment of issues raised through representations: • Update to Appendix 2 – Figure 6 – Section AA • Additional notes on Management Areas and Sea lice • Additional information to Appendix 8 – shellfish biomass and effect • Additional information to Appendix 9 – LSVIA • Additional information on Seals and Cormorants – Appendix 12. LEGISLATIVE FRAMEWORK AND DUTIES OF THE PLANNING AUTHORITY THE TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) 6.1 Marine Fish Farming came into the jurisdiction of the planning system on the 1 April 2007. In assessing an application for Planning Permission for a Marine Fish Farm, the Comhairle must base its decision on the statutory Development Plan unless material considerations indicate otherwise. The development proposal is therefore assessed against the Development Plan and consideration given to material considerations including Scottish Government Guidance, and relevant third party representations. THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999 (THE EIA REGULATIONS) 6.2 Intensive Fish farming is a type of Development identified in Schedule 2 Column 1 (Agriculture and Aquaculture - 1(d)) of the EIA Regulations. The proposed development required to be screened, to establish its likelihood of causing a significant effect on the environment, as it is sited within an area defined in the EIA Regulations as sensitive (a National Scenic Area) and exceeds each of the undernoted thresholds in the Regulations. • the installation resulting from the development is designed to produce more than 10 tonnes of dead fish weight per year; • where the development is situated in marine waters, the development is designed to hold a biomass of 100 tonnes or greater; or • the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations. 6.3 The growing of shellfish species on long-lines within close proximity to the fin-fish cages form part of the development. 6.4 While shellfish does not fall within the statutory definition of ‘fish farming’ in the EIA Regulations, the integrated
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