Argyll and Bute Council Development Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle Reference No : 11/01066/MFF Planning Hierarchy : Local Development Applicant : Lakeland Marine Farms Ltd. Proposal : Relocation of Ardmaddy fish farm - comprising 12 No. 100m circumference cages plus installation of feed barge Site Address : Port Na Morachd, Seil Sound DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Formation of Marine Salmon Fish Farm comprising 12 No. 100m circumference cages, walkways, mooring grid and associated lines, • Installation of feed barge; • Installation of underwater lighting. (ii) Other specified operations • Servicing from existing shore bases at Loch Craignish and Croabh Haven; • Removal of 18 No. 24m x 24m steel cages from existing site at Ardmaddy North and relinquishment of lease. (B) RECOMMENDATION: It is recommended that permission be granted subject to: i) a pre-determination hearing be convened in response to the number and complexity of the representations received; ii) the conditions and reasons set out in this report. (C) CONSULTATIONS: Scottish Environment Protection Agency (27.07.11 & 11.12.12) – In order to address the likelihood of significant effects upon the Firth of Lorn Special Area of Conservation (SAC) SEPA will require to undertake a Habitats Directive ‘appropriate assessment’ as part of its Controlled Activities Regulations (CAR) licence application, and until this process is completed it is not possible to say whether the biomass proposed will be licensable under CAR. Subsequent response in 2012 confirming that a CAR licence has been granted and supplying a copy of the ‘appropriate assessment’ undertaken by SEPA in support of that consent. Comment: Pollution control is exercised by SEPA and government advice to planning authorities is not to seek to use the planning process to duplicate other regulatory regimes. Where multiple consents are necessary there is no prescribed order in which they should be obtained. However, in view of the importance of potential pollution effects upon protected habitats and species in this particular case, and given the large numbers of representations to the planning application being related to pollution issues, the applicants were advised by planning officers to agree to this planning application being held in abeyance, in order to allow them to pursue a CAR licence application in advance of the determination of the planning application, so that that the consequences of pollution could be assessed by the appropriate agency and conclusions reached, outwith the planning process. An application was duly submitted and processed by SEPA, who undertook a Habitats Regulations ‘appropriate assessment’ in the consideration of that application. In view of the number of adverse third party representations to the CAR licence application, the intended decision by SEPA was the subject of review by Scottish Ministers before being issued. No intervention in the intended course of action arose as a consequence of this and a CAR licence was duly granted. Scottish Natural Heritage (28.08.11 & 26.02.13) – in view of the likely significant effect on the Firth of Lorn Special Area of Conservation the planning authority is advised to undertake an ‘appropriate assessment’ having regard to the conservation objectives of the SAC addressing the transport of organic wastes and chemotherapeutants from the site. Further comment will be made once the AA has been concluded. In terms of European protected species the proposal has the potential to affect otters and cetaceans. It is not expected that the site would affect otters significantly. The deployment of acoustic deterrent devices to deter seals could have consequences for porpoises as whilst research indicates that they will avoid areas where ADD’s are in operation (but will return once they are switched off), continuous operation could have the effect of excluding them from the Sound. SNH consent should therefore be required for the deployment of ADD’s at this location. Whilst the faunal analysis of the seabed shows a relatively diverse and abundant community no benthic impacts prejudicial to national interests have been identified. Predators such as seals, otters and pisciverous birds are common in this locality. The applicant considers that double nets are impractical in this location due to strong tidal currents and SNH concurs that tensioned nets with anti-chafe panels as employed at many other sites will be sufficient to minimise risk of escapes. The applicant’s predator control plans and risk assessments require some updating (subsequently completed). Whilst there are no salmon rivers within 15km, sea trout will frequent the area year round. Sea lice treatments to SSPO Code of Good Practice Standards and operation in accordance with the local Farm Management Agreement will minimise impacts on wild fish, as will the intended use of well boats for chemical treatments, rather than the more traditional tarpaulin method employed at the existing site. White cluster anemone is present in the vicinity of the site and the SEPA CAR assessment should address consequences for this Priority Marine Species. In terms of landscape impacts as the proposal does not affect any national designations SNH has no objections on landscape, visual or recreational/amenity grounds. Localised impacts could be reduced by repositioning the barge to the south end of the site where it would be better screened by higher ground on Torsa to the west . Whilst the area is frequented by tour boats, yachts and kayaks and the development will give rise to localised impacts these are not considered to be such that they will significantly affect the overall experience of the Sound and the wider Firth of Lorn. Following the production of the Council’s draft ‘appropriate assessment’ SNH has confirmed its satisfaction with the content. Comment: The option of relocating the feed barge to the southern end of the site has been resisted by the applicants, as for operational reasons a barge location at the least exposed end of the site is preferable as it presents less risk to containment in the event of the barge moorings being compromised in storm conditions. The applicants have however agreed to reduce the scale of the barge from 26m x 18 m to 14m x 10m in order to lessen its visual impact and amended plans to that effect have been submitted. Marine Scotland Science (02.08.11) – No objection. Note the intention to use well boats for sea lice treatments and the potential to use Wrasse as a supplementary means of lice control. There are no major Atlantis salmon fisheries within 15km so wild salmonids in this area are likely to be marine phase sea trout throughout the year and migrating salmon. Provided the site is operated in accordance with the existing Farm Management Agreement for the area, in accordance with the SSPO Good Practice Guidelines and the necessary steps are taken to control lice numbers and to maintain equipment to minimise risk of escapes, then impacts upon wild fish will be minimised. It is recommended that it should be a condition of any consent that the existing site at Ardmaddy North is relinquished. Argyll & District Salmon Fishery Board (11.07.11) – No specific objections but it is noted that the development involves a significant increase in biomass and that it would be preferable for this to be maintained in the initial period following relocation to enable the applicant to demonstrate that SSPO Code of Good Practice sea lice levels can be achieved. In the event of an approval, it should be a requirement that the current site be closed and the lease surrendered. Historic Scotland – response awaited. Northern Lighthouse Board (08.07.11) – no objection but advice given as to navigation marking and lighting requirements. Royal Yachting Association – have indicated verbally that they have no comment to make in respect of the planning application and that they will reserve any comment for the Marine Licence application as and when that is submitted. Clyde Fishermen’s Association (21.07.11) – object to further development of the wider fish farming industry in general and this application in particular due to the adverse consequences of pollution in the marine environment and the general unsustainability of farming fish. Mallaig & North West Fishermen’s Association – no response Council’s Marine & Coastal Manager (10.08.11) – the scale of the existing and proposed sites are similar in terms of surface equipment area and the characteristics and designations of the landscape are similar for both sites although the proposed site occupies a more confined section of the sound, where its visual presence may be increased. The RYA sailing route hugs the west side of the channel and the proposed site does not conflict with this. The Marine Licence process will address navigational issues. Risk to wild salmonids is unlikely to significantly increase if the Farm Management Agreement continues to be adhered to and the proposed mitigation is implemented, given that Marine Scotland considers the modelled availability of sea lice treatment to be sufficient for the biomass proposed. SEPA’s CAR licence process will include consideration of potential effects on the Firth of Lorn SAC. Three seal haul outs are within 2km although the applicant’s three sites around Shuna are closer to larger haul outs. The use of Acoustic Deterrent Devices in narrow water bodies may restrict the use of the area by cetaceans and advice should be sought as to whether a licence from SNH would be required for their deployment. Council’s Biodiversity Officer (25.07.11) – no objection but further comment sought about potential effects upon marine species. Concern that the proposal will reduce the width of the channel available for dolphin and porpoises.