1 DEVELOPMENT SERVICES Local Member

DEVELOPMENT SERVICES Local Member - Councillor A Macaskill PLANNING APPLICATION REPORT Date of Validity - 21st January 2004 OBAN, LORN AND THE ISLES Committee Date - 5th May 2004 15th April 2004 Reference Number: 04/00112/MFF Applicants Name: Celtic Sea Ltd Application Type: Marine fish Farm Consultation Application Description: Proposed Shellfish farm Location: Loch Melfort, Kilmelford (A ) THE APPLICATION Works subject of Marine Fish Farm Consultation Procedure. • Site A: Siting of 10 mussel longlines each @ 220 metres; and • Site B: Siting of 10 mussel longlines each @ 220 metres. (B ) RECOMMENDATION It is recommended that objections be raised to the proposal. (C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Material Considerations It is proposed to form two new mussel farms within Loch Melfort, both of which to be operated by Celtic Sea Ltd who have an existing land base at Arduaine. Site A is located to the immediate north east of Eilean Gamhna, just off Arduaine Point, and Site B is located to the north of this on the southern coastline of the Degnish peninsular, to the west of Kilchoan Bay. Scottish Executive Locational Guidelines for Marine Fish Farming The site lies within a Category 3 Area as defined in the Scottish Executive’s Locational Guidelines for the Authorisations of Marine Farms in Scottish Waters. Within this area there is considered to be better prospects for satisfying nutrient loading and benthic impact requirements although the detailed circumstances will always need to be examined carefully. As the proposed sites are for shellfish farms, the categories do not apply due to the marginal effect of this sector. Adopted Lorn Local Plan Policy RUR 16 of the Lorn Local Plan states that the Council will regard coastal waters adjoining land recognised as being of scenic importance in policy RUR 1 as being ‘sensitive areas’ for fish-farm developments. In these waters, the presumption will be against such development unless it can be justified against the following criteria: i. Landscape Impact ii. Economic Benefit iii. Effect on conservation of natural and heritage resources iv. Effect on navigation and on other land/water uses and resources. See below for full assessment. (Draft Argyll and Bute Local Plan) Approved Argyll and Bute Structure Plan 2002 Proposal CP 1 of the Argyll and Bute Structure Plan states that the Argyll and Bute Local Plan shall include appropriate policies relating to shellfish and fin-fish farming, and that the policies will accord F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000245\M00001571\AI00016645\0112WR020304VER20.DOC 1 with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issued by the Scottish Executive. See above: Draft Argyll and Bute Local Plan 2003 The proposed sites lie within a ‘presumption in favour zone’ as identified by the Policy AQ 1 of the Draft Local Plan. Whilst there is an initial presumption in favour of marine fish farming in this particular area, this is conditional on the proposal meeting the criteria set out in Policy AQ 1; namely not having an unacceptable environmental, servicing or infrastructure impact; being consistent with the Scottish Executives strategic framework, guidelines and advice on fish farming; and being consistent with agreements covering the area. i. Landscape Impact and Visual Amenity The proposal comprises of two sites for 10 mussel lines each, at the mouth of Loch Melfort. There is a fairly high level of aquaculture development within Loch Melfort itself and the adjoining Shuna Sound and the Seil Sound, and one key element in the assessment of this proposal is ensuring the fragile balance between the rural landscape and the industrialised elements is not upset, as equipment from modern shellfish farms can be visually dominant in the landscape due to the large floats used on the longlines. Site 1 lies to the immediate north east of Eilean Gamhna, with lies almost at the centre of the entrance to Loch Melfort. This site occupies a very conspicuous location within the loch and will be openly visible to public view from Arduaine Gardens, the A816 and the Degnish Road, and from the loch itself, which has a high proportion of users due to the location of the boat yard and moorings at Kilmelford. The proposed site will be a prominent feature in the landscape, as the proposal for this site does not have an adequate backdrop of coastline, does not allow for the diminishing effect of distance due to its central position within the Loch and can be viewed from numerous significant viewpoints. It is considered that, as a stand-alone proposal, and when viewed cumulatively with the existing aquaculture development, a shellfish farm on site 1 would have a significant adverse impact on the landscape character of this area. Site 2 lies near the mouth of Loch Melfort along the south eastern coast of the Degnish peninsula, to the immediate south west of Kilchoan Bay. This area of the Degnish peninsula has a very rural, undeveloped character. Whilst from long distance views from across the Loch, the proposed site would have little visual impact, from more immediate views around Kilchoan Bay and from the higher ground of the southern portion of the Degnish peninsula, the proposed site would be very visible and would add a significant manmade feature into this remote rural coastline. It is considered that this proposal would detract from the rural character of this area and, in light of the current level of aquaculture development in the area would, cumulatively, adversely affect the character of the Loch Melfort by upsetting the balance between the rural and industrial areas. ii. Economic Benefit The applicant has advised that at present they are unable to keep up with the demand for fresh rope grown mussels therefore further farm sites are required. They have further advised that the direct benefits of these two new sites will be to secure the companies long term future and that of the existing 8 staff. The new sites in Loch Melfort will also require an additional 6 fulltime staff plus shore bases staff. They have advised that the indirect benefits would be the employment and wealth created in the industries peripheral to their own. These include transport services, fuel suppliers, mussel farming equipment suppliers, boat builders, engineering services etc. all of these supplies and services are sourced locally where possible. iii. Effect on conservation of natural and heritage resources Scottish Natural Heritage has advised as follows: Loch Melfort is within the Firth of Lorn Marine Consultation Area. There are several survey sites within the vicinity of the proposed sites. None of these show any habitats or species of conservation significance. Eilean Gamhna is a mixed breeding colony for seabirds. This could potentially include terns which are a Schedule 1 species under the Wildlife and Countryside Act 1981 and are also afforded protection under the European Habitats and Birds Directive. In order to protect this site SNH has recommended a number of conditions. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000245\M00001571\AI00016645\0112WR020304VER20.DOC 2 iv. Effect on navigation and on other land/water uses and resources. The Royal Yachting Association has raised objection to the proposals. Proposed site 1 would represent a hazard to navigation and would partially obstruct a widely used passage both to the north and the south of the proposed site. Site 2 is an established anchorage. Similar concerns/objections have been received from the Scottish Executive Fisheries and Rural Affairs Group, the Clyde Fishermen’s Association and the local community. In this respect the proposal is considered to represent a hazard to navigation and as such cannot be justified as it is contrary to the Governments Planning Advice Note on Marine Fish Farming and the Environment which advises that it is essential that marine fish farm development does not constitute a hazard to navigation and the established anchorages should be safeguarded. Objections to the proposal have been received from the Scottish Executive and the Clyde Fishermen’s Association (CFA) in relation to the loss of prawn trawling grounds, and from a local fisherman over the progressive restriction of fishing opportunities due to the existing and proposed farms in the area. The CFA has advised that Loch Melfort is host to prolific prawn fishing, however, the possibility of trawling in Loch Melfort has been seriously restricted by the growth of aquaculture and creel fishery. The sites proposed in this current application will impact on at least two tows in the loch. The CFA has advised that they would be willing to discuss with the applicant a modification of the proposal that avoids interfering with the prawn fishery. In light of the impact on the existing fishing interests in the area, it is considered the proposal will have a negative impact on other land/water uses and resources. v. Effect on water quality. The Scottish Environmental Protection Agency and the Scottish Executive Fisheries and Rural Development Group have raised no objection to these proposals on the issue of water quality. vi. Infrastructure and Servicing Implications. The proposed sites could be serviced by the applicant’s existing land base at Arduaine. This has the appropriate planning permission. The proposal therefore raises no servicing or infrastructure concerns. vii. Effect on existing aquaculture development. The Scottish Executive’s Fisheries and Rural Development Group has advised that they do not anticipate any significant environmental impact and can foresee no adverse disease implications which may arise from the development. It is however recommended that management agreements are entered into with other operators sharing the same area, i.e. the Seil Sound to Loch Craignish management area. (D ) CONCLUSION The proposal will: • have an adverse impact on safe navigation in Loch Melfort; • negatively affect the prawn fishery interests in Loch Melfort; and • have an adverse impact on the landscape quality of this area.

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