ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 3 FEBRUARY 2015 13/00506/FFPAES – GIGHAY, BRUERNISH, ISLE OF BARRA. EIA APPLICATION TO ESTABLISH NEW FISH FARM SITE TO COMPRISE 16 X 100M CIRCUMFERENCE CAGES ARRANGED IN 2 GROUPS IN A 60M MOORING GRID. MAXIMUM BIOMASS OF APPROXIMATELY 2,400 TONNES Report by Director of Development PURPOSE OF REPORT Since the application has been assessed as sensitive by the Appointed Officer, the planning application is not being dealt with under delegated powers and is presented to Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is an Environmental Impact Assessment (EIA) application for the establishment of a new marine fish farm to the north-west of the island of Gighay within a Special Area of Conservation (SAC) in the Sound of Barra. The proposed site comprises 16 x 100m circumference cages, serviced by a 220 tonne feed barge. The cage surface area is 0.12ha with moorings area of 27.56ha. The maximum standing biomass will be approximately 2400 tonnes. 2.2 An Appropriate Assessment carried out confirms no adverse impact on the integrity of the SAC. 2.3 An Environmental Statement (ES) and ES Addendum assessed the environmental information related to a range of impacts identified as having the potential for a significant effect on the environment. Following advertisement, consultation and evaluation the conclusion is that there are no residual or cumulative effects that would have a significant effect on the environment. 2.4 The Western Isles Fishermen’s Association (WIFA) and a third party raised concerns regarding the impact of the proposed development on commercial fisheries, citing lack of water depth, low current speeds, hazard to navigation, and use of chemicals with resultant adverse impact on shellfish and crustaceans, static gear fishing, loss of jobs and consequences for the Barra economy. The issues were assessed and it is concluded that none merited a refusal. 2.5 Marine Scotland Science object to the siting of the fish farm which, if approved, would bridge the gap between Disease Management Area 7b (includes Stulaigh Fish Farm, An Camus, and Marulaig Bay, all in South Uist) and Disease Management Area 7c (includes Helisay Fish Farm and the site of the current application, both near Barra). 2.6 The application was assessed against the Outer Hebrides Local Development Plan (OHLDP) including the Supplementary Guidance on Marine Fish Farms (SGMFF). Policy 22 of the OHLDP states that in reaching planning decisions, the Comhairle will have regard to the National Marine Plan (NMP). Aquaculture Planning Policy 6 of the draft NMP states that ‘New aquaculture sites should not bridge Disease Management Areas although boundaries may be revised by Marine Scotland Science to take account of any changes in fish farm location, subject to the continued management of risk’. The proposed siting, if approved, would result in the merging of DMAs 7b and 7c and be contrary to Planning Policy 6 of the Draft NMP and in turn Policy 22 of the OHLDP. Realisation of a worst case scenario disease outbreak spreading to all five sites within a merged DMA, with possible resultant fallowing/slaughter at all sites would have a significant impact on the local economy and would be contrary to SGMFF Development Policy 7 and in turn Policy 22 of the OHLDP. 2.7 The Comhairle requires to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The proposed development as sited, would bridge the firebreak between Marine Scotland Science’s existing disease management areas 7b and 7c and as a result the proposal is contrary to Policy 22 of the Outer Hebrides Local Development Plan by virtue of it being contrary to Aquaculture Policy 6 of the draft National Marine Plan and Development Policy 7 of the Supplementary Guidance: Marine Fish Farming. Having given due weight to all material considerations, it is considered that the application should be refused. RECOMMENDATION 3.1 It is recommended that the application be REFUSED for the reasons set out in Appendix 1 to this Report. Contact Officer: Cathy Leary Tel: 01851 822690 Email: [email protected] Appendices: 1 Reasons for Refusal 2 Location Plan and Site Plan 3 DMA 7b Map REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is an EIA application by Bradan Cuan Siar, Bornish House, Bornish, South Uist, for the establishment of a new marine fish farm located on a site to the north west of the island of Gighay in the Sound of Barra. The proposed site comprises 16 x 100m circumference cages arranged in an 8 x 2 configuration (East-West orientated) with 60m mooring grid. The surface area of the cages is 0.12 ha with the moorings area extending to 27.56 ha. 4.2 A 220 tonne automated grey Seamate feed barge will be sited to the south east of the centre of the cage group. 4.3 The maximum biomass will be approximately 2400 tonnes with a production of approximately 3620 tonnes per 22 month production cycle and fallow periods of 6 weeks. 4.4 The site is located within the Sound of Barra Special Area of Conservation. The designated features are the nationally important colonies of common seals, Phoca vitulina, and also the wide variety of habitats associated with shallow sandbanks and reefs along with harbor seals. 4.5 Normal hours of operation will be from 0800 to 1700. Exceptions to these times will be on account of operational requirement such as harvesting and treatment. The application states that the site will directly employ four to five full time employees. 4.6 The application form indicates that the site will be lit in accordance with the requirements of the Northern Lighthouse Board. Cage lighting will consist of 3 x 1000w lights, powered by a sound proof generator on the feed barge. The lights are set 3-6 m below the surface and are used between October and April. 4.7 The site will be serviced using vessels comprising a 14m landing craft and two 6m open workboats and will primarily operate from Ardveenish in Barra although it is possible for the site to be serviced from Ceann an Gharraidh in Eriskay. There are no plans for onshore building for this development. 4.8 The proposed development lies in Farm Management area W-21 in the Sound of Barra. The application indicates that Farm Management Agreements (FMA) will be put in place with other nearby fish farms and fishing interests. The FMA requires parties to coordinate stocking and sea lice treatments with other salmon farms in the area. 4.9 The proposed site is located within Disease Management Area (DMA) 7c. DMAs are set by Marine Scotland Science and are a mechanism whereby operational farms are identified to compartments with identified separation distances which define areas of special measure enforceable by statute to contain disease in the event of the outbreak of certain listed, water borne disease in farmed fish. 4.10 The nearest operational fish farm is located 2.43 km south east of the proposed site at the Sound of Helisay. 4.11 The next nearest site is Marulaig Bay, Located some 12.37 km North East of the site on the East coast of South Uist. 4.12 The proposal is within the class of local development within the Planning Hierarchy. ADMINISTRATIVE PROCESS 5.1 The application by Bradan Cuan Siar Ltd, Bornish House, Bornish, South Uist was registered on 18 October 2013. 5.2 The EIA application was advertised for public comment in the public notices section of the Edinburgh Gazette on 5 November 2013 and in Guth Bharraidh in the publication dated 1 November 2013 as required by regulations. 5.3 An Addendum to the Environmental Statement was submitted on 26 September 2014, advertised in Guth Bharraidh on 2 October 2014 and in the Edinburgh Gazette on 10 October 2014. 5.4 As the proposal is sited within the Sound of Barra, SAC and identified as one likely to have significant effect on the subtidal sandbanks and reef qualifying interests of the site the Head of Development Services has carried out an Appropriate Assessment (AA) in terms of the Habitats Regulations in view of the site’s conservation objectives for these qualifying interests. The AA concluded that there was no adverse impact on the integrity of the SAC. ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (The 2011 Regulations) apply to this proposal. 6.2 The proposed development is Schedule 2 Development – Category: (1d) in terms of the 2011 Regulations. 6.3 Having assessed the characteristics and location of the development and the characteristics of the potential impact as set out in Schedule 3 to the 2011 Regulations, Comhairle nan Eilean Siar on 14 June 2013 issued a Screening Opinion stating that in its opinion the proposed development was considered likely to have a significant impact on the environment and that the submission of an Environmental Statement (ES) was required. An ES is a statement that includes the information required to assess the environmental impacts of the development and which the applicant is required to compile, having regard in particular to current knowledge and methods of assessment and includes at least the information required in Part 2 of Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011. 6.4 The key issues addressed in the Environmental Statement and subsequent Addendum can be summarised as follows: Benthic Environment Water Column Impacts Interaction with Wild Salmonids and Other Fish Landscape and Seascape Visual Assessment Wildlife Interactions Commercial interests Operational impacts (transportation of pathogens) PREVIOUS DECISIONS RELATING TO THE SITE 7.1 The following history relates to the site: Ref No Description Decision Date 13/00111/FFSCSC Establish new site, configuration to EIA 14.06.2013 comprise 16 x 100m circumference cages Required arranged in an E-W oriented 8 x 2 mooring grid, with 60m spacing between each cage centre.