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Marine Harvest Scotland Argyll and Bute Council Development & Infrastructure Services Committee Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 17/00642/PP Planning Hierarchy: Major Applicant: Marine Harvest Scotland Proposal: Erection of buildings to form fish hatchery including formation of access, car parking and associated landscape bunding Site Address: Marine Environmental Research Laboratory, Lossit Point, Machrihanish, Campbeltown DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission Erection of water intake building (14.6m x 32m with 3m eaves/4.95m ridge); Erection of broodstock building (18.25m x 76m with 3m eaves/5.5m ridge); Erection of pre-ongrowing building (21.4m x 107.4m with 3m eaves/ 5.87m ridge); Erection of two nursery buildings (21.4m x 114m each with 3m eaves/ 5.87m ridge); Erection of raised link section measuring 5m to eaves and 7.87m to ridge Extension of existing private access; Formation of service access and car parking area; Landscape mounding. (ii) Other specified operations Use of existing seawater abstraction and discharge; Permanent diversion of public path (subject to separate statutory procedure); Connection to public sewer; Connection to public water supply. (B) RECOMMENDATION: It is recommended that planning permission is Granted subject to: 1) A discretionary Pre-determination Hearing being held in response to the extent of third party representation received; 2) Acceptance of the conclusions of the Area Capacity Evaluation contained in Appendix C to this report; 3) A Public Path Diversion Order being promoted by the Council at the developer’s expense in respect of the Core Path crossing the site, under Section 208 of the Town and Country Planning (Scotland) Act 1997 (as amended); 4) The conditions and reasons listed in this report. (C) CONSULTATIONS: Marine Scotland Science (3rd July 2017) – do not object to the proposal but have requested further details from the applicants. These additional information requirements relate to operational matters which will be subject to separate authorisation by Marine Scotland, rather than to the land use merits of the principal of development. For information, additional detail has been requested as follows: Exact details on the level of water treatment for the supernatant water returned to the sea; Proposed stocking densities at each stage of production; Details of any other considerations that have been made to the environment for the welfare of the stock should also be provided, e.g. habitat optimisation through lighting, behavioural traits etc.; The method and frequency of removing mortalities on site and further information on the end point for disposal of ensiled waste; Clarification on ability to remove individual tanks from recirculation system for the administration of chemotheraputant treatments; Consideration should also be given to how containment is ensure in the case of flooding (both from an internal blockage or external to the facility); and Information should be provided on equipment and strategies in place to minimise predator interactions at the site in question e.g. secure buildings, rodent/bird proofing etc. SEPA (23rd June 2017) – no objection to the proposed development on flood risk grounds provided that, should the Planning Authority be minded to approve this application, the following planning conditions are imposed: that the re-directed burn be designed in order to convey the 1 in 200 year design flows plus surface water emanating from the site; and Finished Floor Levels (FFL) be set no lower than the 1 in 200 year extreme tide level plus an allowance for climate change/wave action (at least 600mm), or as agreed with the Flood Prevention Authority (FPA). Scottish Natural Heritage – No response. Commented on the acceptability of the proposal relative to the Geological Consultation Area within which the site is situated at pre-application stage. Council’s Flood Risk Assessor (9th June 2017) – no objection subject to planning conditions to the effect of the following be attached to any consent granted for this application: Flood protection level to be at least 5mAOD or as otherwise agreed by a site specific calculation which includes the 1 in 200 year coastal still water level, and allowances for wave action, climate change and 0.6m freeboard. Details of the channel realignment to be submitted including plan and cross sectional information; and Surface water drainage to be designed in accordance with CIRIA C753 and Sewers for Scotland 3rd Edition. Council’s Roads Engineer (28th June 2017 and 8th November 2017) Initial request for additional information to be able to better understand current and proposed traffic generation and likely traffic associated with construction. Subsequent position of no objection subject to conditions, including a requirement for improvement to the single track section of public road leading to the site. Council’s Environmental Health Officer – consulted 28.06.2017 & 16.10.2017 - no response at time of writing Council’s Access Officer – no objection subject to a condition to secure the submission and approval of an Access Management Plan (to provide details of the location of the diverted path, its proposed width and a cross section showing the construction details) prior to the commencement of development and the requirement for a section 208 Path Diversion Order to allow the Core Path to be diverted. Council’s Marine and Coastal Development Manager (24th July 2017) - no objection to the proposal. Comments on fit with national and regional priorities, economic impact, effect on nature conservation interests, flood risk; effluent discharge and landscape and visual Impacts. Council’s Local Biodiversity Officer (26th June, 3rd July 2017 & 12th October 2017) – no objection subject to conditions to secure an ornithological survey for ground nesting bird species with advice on mitigation; a protocol for checking the presence of bird species (Late February-September) prior to work commencing; approval of the naturalistic landscaping plan with a note of species and rock features; an otter survey; and plant species survey. All survey reports should include mitigation and should be carried out by a suitably qualified person. The Local Biodiversity Officer has now had sight of the reports on ornithological interest, plant species and otters and is satisfied that the appropriate mitigation is in place for nesting birds and Otter. If the planning application is approved the LBO would like the following included: a condition included for a ‘Naturalistic Landscaping’ Planting Plan with a note of species and rock features to be submitted for approval; that all ground works take place outwith the bird ground nesting season- October to the middle of February; that a protocol for daily site checks for Otter is completed and that all pipe-ends are covered and any open foundations have a temporary ramp so that animals can exit safely. Historic Environment Scotland (HES) (21st June 2017) – the proposals do not raise historic environment issues of national significance and therefore HES do not object. However, HES’s decision not to object should not be taken as their support for the proposals. This application should be determined in accordance with national and local policy on development affecting the historic environment, together with related policy guidance. West of Scotland Archaeology Service (16th June 2017) – advise that the application, as it is currently constituted, should be refused, in order to preserve the surviving elements of the former wireless station. Should the Council feel that other considerations outweigh the need to preserve the remains of the former wireless station, and intend to grant planning permission for the development as currently constituted, then there would be a need for a condition to secure a programme of archaeological mitigation work. WoSAS stress this is the less-favoured option, as it would result in the removal of the physical structures. Scottish Water (22nd June 2017) – Scottish Water has no objection to this planning application. However, the applicant should be aware that this does not confirm that the proposed development can currently be serviced and would advise the following: There is currently insufficient capacity in the Campbeltown 1996 Water Treatment Works. Please note that further investigations may be required to be carried out once a formal application has been submitted to Scottish Water. There is currently sufficient capacity in the Campbeltown 2000 Waste Water Treatment works. Please note that further investigations may be required to be carried out once a formal application has been submitted. Highlands & Islands Airports Limited (28th June 2017) – calculations show that at the given position and height, this development would not infringe the safeguarding surfaces for Campbeltown Airport. Confirmation is required that fish hatcheries are undercover and the waste disposal/waste water outfall will not become a bird attractant. Provided these conditions are met HIAL do not object to the proposal. (D) HISTORY: 16/00298/SCREEN - Screening opinion for proposed hatchery, Marine Environmental Research Laboratory University of Stirling, Machrihanish - Opinion Issued 16/00207/PAN - Proposal
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