SUSTAINABLE DEVELOPMENT COMMITTEE: 13 JUNE 2012 OUTER HEBRIDES LOCAL DEVELOPMENT PLAN MARINE FISH FARMING SUPPLEMENTARY GUIDANCE Report by Director of Development PURPOSE OF REPORT To report the outcome of consultation and agree proposed changes to the Supplementary Guidance for Marine Fish Farming COMPETENCE 1.1 There are no legal, equalities, financial or other constraints to the recommendations being implemented. SUMMARY 2.1 Draft Supplementary Guidance for Marine Fish Farming was approved at the August 2011 Comhairle series as part of the Outer Hebrides Local Development Plan (LDP) and formal public consultation carried out concurrently with the Proposed LDP. 2.1 82 representations to the document were received. Appendix 1 to this Report lists those who submitted representations. The main issues raised relate to the proposed spatial approach and the identification of factors that determine areas for potential growth; constrained or sensitive areas. Issues around the interaction with wild fisheries interests were also the subject of a number of comments. 2.2 All submissions have been considered and where appropriate modifications to the document are proposed. The representations and proposed actions are summarised in Appendix 2. Appendix 3 sets out any proposed modifications to the Supplementary Guidance. 2.3 Once the proposed changes have been agreed a revised version of the document will be published. This will become interim planning guidance and in due course will become an integral part of the statutory Development Plan. The Supplementary Guidance will be used to deliver LDP policy 22 as well as provide detailed guidance for developers and for the assessment of development proposals. RECOMMENDATIONS 3.1 It is recommended that the Comhairle: a) approve the proposed responses to the representations and modifications to the document at Appendices 2 and 3 to this Report; and b) authorise the Director for Development to produce a revised Supplementary Guidance for Marine Fish Farming, incorporating the agreed modifications as interim planning guidance with a view to it becoming statutory Supplementary Guidance as part of the Outer Hebrides Local Development Plan once adopted. Contact Officer: Mairi MacIver Tel: 01851 822690 [email protected] Appendices: 1. List of Representees 2. Consultation Responses Summary Table 3. Modifications proposed to the Outer Hebrides Supplementary Guidance for Marine Fish Farming Background Papers: 1. SD Committee Report August 2011 BACKGROUND 4.1 The purpose of statutory Supplementary Guidance is to provide more detail than might normally be included in the Development Plan. Where linked to a Strategic or Local Development Plan, Supplementary Guidance has statutory status under s22 of the Planning etc (Scotland) Act 2006. 4.2 It was agreed to prepare Supplementary Guidance for Marine Fish Farming to provide a spatial and policy framework to plan, direct and assess marine fish farming activities in the Outer Hebrides. A draft was approved at the August 2011 Comhairle series for formal consultation as part of the Outer Hebrides Local Development Plan. The Supplementary Guidance will be used to deliver LDP policy 22 as well as provide detailed guidance for developers and for the assessment of development proposals. It will form part of the statutory Development Plan once adopted. 4.3 The format of the Supplementary Guidance is in line with Scottish Planning Policy in that it contains a spatial strategy that indicates the preferred areas for development. It also identifies sensitive areas where fish farm development is unlikely to be appropriate. The Spatial policies are supported by a set of Development policies that address specific topics. CONSULTATION RESPONSES 5.1 Considerable informal consultation was carried out prior to publication of the draft guidance and the formal consultation process. This took the form of information gathering from various sections of the industry and other interested parties as well as one-to one meetings and telephone conversations with a wide range of stakeholders. 5.2 82 individuals and organisations responded to the formal consultation (Appendix 1). 53 of these concentrated on a single issue relating to specific loch systems. The overall aims of the Supplementary Guidance were generally welcomed by most and the comments received constructive. Where there are common issues these have been addressed collectively (Appendix 2). 5.3 The main issues can be summarised as follows: a) Amend the three tier spatial strategy to two tiers or better clarify distinctions; b) Identify additional loch systems as ‘sensitive’; c) Concerns about the impact of fish farming activities on wild fisheries; Issues were also raised in relation to cumulative impact; carrying capacity; control of sea lice infestation; conflict with other marine activities and potential damage to environmental and tourism assets. 5.4 a) Amend the three tier spatial strategy to two tiers A number of comments were received suggesting that the 3 tier spatial strategy was ambiguous and did not provide sufficient clarity as to where development would be acceptable or otherwise. Views were expressed that either the distinction between the tiers needed to be clearer or that the middle tier (areas of potential constraint) should be either reclassified as ‘areas for potential growth’ or as ‘sensitive’ areas. In drafting a 3-tier strategy the intention was to show that while many areas had potential for growth some of these were constrained by a number of factors (listed in the policy) which require to be considered. These were classified as ‘areas of potential constraint’ After consideration of the comments received it is accepted that the strategy could be clearer in indicating where there is potential for growth. In response therefore, it is proposed that the spatial strategy be re-configured to consist of two elements – ‘areas for potential growth’ and ‘sensitive areas’. The draft policy for areas for potential growth will be revised to clarify that proposals within such areas will be assessed against the Development policies in the Supplementary Guidance and that where there are constraints that it may be possible to mitigate, additional assessment criteria will be applied. To further clarify the distinctions between tiers some constraints will be reclassified as sensitive including ‘Prime Beaches’. 5.5 b) Identify additional loch systems as ‘sensitive’ A significant number of submissions suggested that some of the loch systems listed as ‘constrained’ should be afforded greater protection and classified as ‘sensitive’ due to a number of factors such currently being undeveloped areas, pristine coastline, remoteness, adjacent designations, protected species, impact on wild fish, and reference to historic Government locational guidance protecting this area from fish farming. Lochs Resort, Tealsavay, Hamanavay and Cravadale are relatively remote, and undeveloped, and due to their high landscape and recreational value are attractive for recreational and freshwater fishing. The Comhairle may wish to recognise these areas as tourism assets and consequently it is proposed to reclassify them as areas sensitive to fish farming. It is considered that Loch Roag, Loch Erisort, Loch Seaforth and Broadbay for which representations were also received do not meet the same criteria nor fulfil the same role and should therefore remain as areas with potential for growth and any future proposals will be assessed accordingly. 5.6 c) Concerns about the impact of fish farming on wild fisheries A number of comments were received suggesting that the supplementary guidance did not give adequate protection to wild fisheries and that additional areas should be identified as ‘sensitive’. Marine Scotland Science’s (MSS) advice is that there is no evidence of an impact of lice from salmon farms on wild salmon in Scotland, but acknowledge that the relatively acute declines in salmon catches on the Scottish west coast give cause for concern. MSS also advise that there is evidence of an effect of sea lice from salmon farms on sea trout but the extent to which there is an effect at population level is not clear. Consideration of wild fish may be required if potential significant impacts are identified through the Environmental Impact Assessment (EIA) process. In light of this advice it is proposed that a number of further lochs are classified as Sensitive Areas and amendments are made to the context and policy text of Development Policy 3: Other Marine Interests. 5.7 The full summary of all issues raised and actions proposed in response to them are set out in Appendix 2. Appendix 3 lists the consequential modifications required to produce a finalised version of the Supplementary Guidance. Changes of a minor nature are not listed in the Appendix, such as the need to update references, however will be incorporated into the revised version of the Supplementary Guidance. NEXT STAGES 6.1 Once the Comhairle approves modifications to the Supplementary Guidance for Marine Fish Farming the revised document will be published as interim planning guidance until such time as the Outer Hebrides Local Development Plan (LDP) is adopted. The LDP is currently with Scottish Ministers for examination. The outcome of examination will be reported to the Comhairle in due course. 6.2 The Comhairle’s response to the representations received will be relayed to all those who submitted comments. APPENDIX 1 LIST OF REPRESENTEES MFF NO NAME MFF/1 Pauline McGrow,