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 : 13/01379/MFF Planning Hierarchy : Local Development Applicant : Dawnfresh Farming Limited Proposal : Formation of fin fish (Rainbow Trout) farm comprising 10 No. 80m circumference cages plus installation of feed barge Site Address : Sailean Ruadh (Etive 6), Loch Etive DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Formation of Marine Fish Farm comprising 10 No. 80m circumference cages, walkways, mooring grid and associated mooring lines, • Installation of feed barge. (ii) Other specified operations • Servicing from existing shore base at Inverawe; • Replacement of consented but currently unequipped shellfish farm. (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 prior conclusion of a section 75 legal agreement to secure the programmed removal of existing aquaculture equipment from the applicant’s existing sites known as Etive 1 (Inverawe West) and Etive 5 (Ardchattan Bay) as part of the rationalisation of finfish farming operations conducted by the applicants in Loch Etive; iii) the conditions and reasons set out in this report; iv) in the event that the required legal agreement is not concluded within four months, or such longer period as may be agreed between the parties during that four month period, then the application should be refused for the reason set out in Section U below. (C) CONSULTATIONS: Scottish Government (EIA notification) – no response. Scottish Environment Protection Agency (08.08.13) – No objection in terms of nutrient enhancement or cumulative impact with other fish farms in the loch. A CAR authorisation (CAR/L/1042067) has already been issued to the applicants for a proposed biomass of 2,500tonnes. A technical variation to that licence will be required for this subsequent lesser scaled proposal, with modelling for a reduced biomass. It is likely that such a variation would be granted. Maximum biomass and discharges will be controlled via CAR and hence planning conditions relative to these aspects are unnecessary. Scottish Natural Heritage (12.08.13) – do not object to the proposal as it does not have adverse consequences for national designations, so they therefore confine themselves to advice to the Council in its determination of the application. SNH notes that the seabed below the site includes components of the ‘burrowed mud’ UK BAP habitat which is predominantly found on the west coast of Scotland and which is collectively a biotope of international conservation status. However, this habitat is likely to be widespread in Loch Etive and therefore there are no objections to the impact of the proposal’s predicted depositional footprint. It is noted that in the absence of any consolidation of existing sites, the proposal would not satisfy the advice within the Loch Etive Integrated Coastal Zone Management Plan. Policy Zone D considers this zone to be at capacity for aquaculture, other than in the event of consolidation or rationalisation of existing sites. The Council should satisfy itself that the existing character of the loch will not be adversely affected by the landscape or noise consequences of this proposal. SNH are of the opinion that, in particular, the development will be a prominent feature in the landscape when viewed from the road from Barcaldine, which affords one of the few available elevated views of the loch. Although this visibility is short lived, the manner in which the foreground of the loch is concealed by topography has the effect of a perceived narrowing the apparent width of the loch, and the presence of the bay behind the equipment would result in the farm appearing to cover a greater proportion of the loch surface than it actually would in practice. In view of the relationship with the nearby Loch Etive Woods SAC and the consequences of the development for otter which is one of the designation’s qualifying interests, a Habitats Regulations ‘appropriate assessment’ should be carried out by the Council. No concerns are identified in terms of interaction with predators or with wild fish. Some mitigation measures to protect breeding bird colonies on the nearby island of Eilean Faoileag are recommended in the event permission is granted. Marine Scotland Science (23.08.13 and 17.09.13) – No unacceptable water column impacts identified. An amendment to the applicant’s authorisation for its existing farms will be required for this additional site. It is recommended that the site is operated in consultation with other operators within Management Area 15b. Stocking density and husbandry practices proposed appear acceptable. The site is within 5km of burns and rivers known to contain Atlantic salmon and se trout populations including the River Awe. There is no history of sea lice treatment having been required in Loch Etive but appropriate licensable quantities of chemical treatments are being sought as a contingency. Escapes pose a risk to wild species due to competition and disease although proposed containment and escape contingency measures are acceptable. It should be noted that MS emphasises that the advice provided sets out the latest scientific knowledge on wild fish issues and does not support or object to the application in terms of wild fish interaction. Site specific mooring details have been requested and provided to Marine Scotland’s satisfaction. Argyll & District Salmon Fishery Board (07.08.11) – Object to the proposal as they consider it poses a significant risk to wild salmon and sea trout due to the risk of potential escapes and disease transmission. In the light of past incidents in Loch Etive and a recent Loch Awe escape event, the DSFB remains extremely concerned about the ability of the applicant to prevent escapes from their farms. Salmon angling in the Awe catchment is of significant economic value to the area in terms of direct income and indirect benefit, and the catching of escaped rainbow trout poses a reputational risk to this prime salmon fishery. In pre-application consultation the applicants indicated their intention to surrender a site at the mouth of the River Awe, but this has not been carried forward into the application, so the addition of this site must represent a significant increase in the risk to wild salmonids. The applicants contend that the proposal represents a consolidation by virtue of the re-occupation of shellfish lease consent. However, given the difference between the impact of longlines and fish cages this must be regarded as a new fish farm site. Permitted development rights do not allow operators to switch between shellfish and finfish operations, which appears to confirm that they are to be regarded as different types of aquaculture and therefore this application ought not to be considered as consolidation. The Loch Etive ICZM plan affords a presumption against new sites being established in this zone. Historic Scotland (08.08.13) – no objection as the proposal does not raise issues of national significance for historic assets within their remit. Transport Scotland (07.08.13) – no objection. Council’s Roads Engineer (18.07.13) – no objection. Council’s Public Protection Officer (02.10.13) – no objection to the conclusions of the applicant’s Environmental Statement re operational noise. Site lighting should follow Institution of Lighting Engineers’ published guidance. Council’s Biodiversity Officer (26.08.13) – The site adjoins the Etive Woods SAC where otter are a qualifying interest. Otter, wild salmon and trout are important BAP species and therefore the potential impact upon them and any opportunities for mitigation measures require to be fully explored. Northern Lighthouse Board (18.07.13) – no objection but advice given as to navigation marking and lighting requirements. West Highland Anchorages & Moorings Association (16.09.13 ) – also replying on behalf of the Royal Yachting Association and the Clyde Cruising Club, confirm that initial concerns expressed by the RYA (24.07.13) about impediment to access to the Sailean Ruadh anchorage have been overcome following discussion with the applicants. Clyde Fishermen’s Association – no response to date. Scottish Water (04.11.13) – no objection. 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. Scottish Wildlife Trust – no response to date. Taynuilt Community Council (19.08.13) – support the proposal. They consider that landscape, pollution and economic considerations are the most pertinent to the case. In landscape terms they consider development acceptable as the site has been used for finfish and shellfish farming in the past. Pollution concerns have been assessed by SEPA who will monitor the site to ensure that licence terms are met. The employment that Dawnfresh has brought to an economically fragile area is significant and the economic and employment contribution that this additional development can make to the area is the single most important issue. Ardchattan Community Council (15.08.11) – have objected on the grounds of noise nuisance from the feeding mechanism, adverse visual impact and associated consequences for tourism, and the prospect that this development might be a precursor for additional development. Policy Zone D of the ICZM Plan indicates a presumption against the establishment of new sites in this section of the loch. Connel Community Council (01.08.13) – have objected to the application as they are not persuaded that there will be significant employment benefit, that ecological impact will be negligible, or that the development will not give rise to significant visual impact especially from the north shore.