ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 4 JUNE 2013 13-00065-FFPA - FISH FARM, GROAY LINGAY ISLANDS, SOUND OF HARRIS, ISLE OF NORTH UIST - APPLICATION FOR PLANNING PERMISSION TO REPLACE AND RELOCATE EXISTING BARGE 50M TO WEST OF APPROVED SITE AND ADDITION OF SECOND FEED BARGE TO SOUTH OF EXISTING PEN EQUIPMENT. MOORINGS FOR BOTH BARGES TO BE WITHIN EXISTING FARM MOORINGS AREA. Report by Director of Development PURPOSE OF REPORT Since this proposal has received six or more letters of representation from separate parties, which contain matters which are material planning considerations, this application cannot be 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 a retrospective application for planning permission to modify the feed system at an existing fish farm site at Groay Lingay Islands, in the Sound of Harris. The existing planning permission permits, 6 no. shellfish longlines, 20 square fish cages arranged in two groups of ten, one raft style feed barge, dimensions 15m x 12m; 4.6 metres above sea level when loaded and 6 metres above sea level when empty. The current application is for two raft style barges each 15.6m x 10.8m; 5 metres above the waterline (to the railings) when loaded and 5.5 metres when empty, each with a capacity of 20 tonnes. One barge is to replace the formerly consented barge, but in a new position 50 metres to the west of the original approved position and the second feed barge to be sited to the south of the existing group of cages. The barges are required to allow automated feeding of both cage groups. 2.2 Two letters of representation and a petition (30 signatures) have been received, citing inaccuracies in submission details, that the second barge is already in situ, that a second barge will significantly detrimentally impact the National Scenic Area, that the farm is not in the approved location, that compliance with previous conditions should be enforced, that anti- predator nets have not been used, that the barge is noisy, not painted as required in the planning permission; not fit for purpose to service the site in bad weather and that no further development should be approved at the site until these issues are resolved. 2.3 The Comhairle requires to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. Issues raised by those making representation include material considerations and these have therefore been assessed and given due weight. Each application for planning permission must be decided on its merits, and it is for the Planning Authority to determine whether material considerations are of such weight to justify a decision other than in accordance with its adopted Development Plan. 2.4 The planning permission previously granted and now implemented in respect of a fish farm development at the site is not re-visited as the current application is to install barges to facilitate an automated feed system and does not involve any change to the fin-fish cages. Matters raised that pertain to the existing consent can be investigated through the Planning Enforcement process. None of the statutory consultees raised concerns regarding the current application. The Northern Lighthouse Board asked that the site should be marked for navigational safety. 2.5 The proposal has been assessed against the Development Plan and is considered to accord with its provisions. Material considerations have also been assessed and given due weight. The conclusion following assessment is that there are no material considerations that indicate that the Comhairle’s Development Plan should not be accorded priority and on that basis the application is recommended for approval. RECOMMENDATION 3.1 It is recommended that the application be APPROVED, subject to the conditions appended to this Report. Contact Officer Cathy Leary Telephone:01851 822 690 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Location Plan, Site Layout and Equipment Plan Background Papers None REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a retrospective application for planning permission to modify the feed system at an existing fish farm site at Groay Lingay Islands, in the Sound of Harris. The site is a mixed species production facility consisting of twenty cages in two groups of ten for the rearing of Atlantic Salmon, a raft style feed barge and six double-headed longlines for the culture of shellfish and seaweeds and the site has been operating for the farming of salmon for over two years. 4.2 The two barges for which consent is now sought each measure 15.6m x 10.8m and sit 5m above the waterline when loaded and 5.5m when empty with a capacity of 20 tonnes. The application states that the barges will allow automated feeding of both cage groups instead of the single feed barge initially consented. 4.3 The application is for planning permission to replace and relocate the formerly consented barge to a position 50 metres to the west of the formerly approved site and the addition of a second feed barge to the south of the existing cage group. The moorings for both barges will be within the fish farm moorings containment area. Moorings for the proposed second barge will consist of two mooring legs (each 55m in 36mm ground chain) with 700kg anchors and two chain attachments to the existing pen group in a 22mm long-link chain. The addition of an all round white light is likely to be required for navigational safety. 4.4 The barges are of a raft type design as detailed in the application. They consist of a floating raft on which containers housing feed silos, feed delivery system and generator are mounted. The proposed barges are of a low-lying design and relatively small scale. (To put their scale in context, barges typically in use at fish farms in the Outer Hebrides today range from 100tonnes – 230tonnes). 4.5 The site is located in the Sound of Harris between the islands of Groay and Lingay some 400m from Lingay Island and 4km to the south west of Renish Point on the south west tip of the coast of Harris. The site is located within the South Lewis, Harris and North Uist National Scenic Area, but sits within a landscape and seascape context of islands and skerries. 4.6 The site will continue to be serviced from the existing facilities at Otternish slipway. Harvesting will be carried out on site at the pen side using a harvest raft and landing craft vessel. The applicant indicates that the proposed modification will ensure the continued employment of eight full time site staff. 4.7 There are no known habitats of conservation importance within or adjacent to the proposed development. Seals, otters, seabirds and cetaceans, largely porpoise, the occasional minke whale and dolphin, are all likely to frequent the areas around the development. There is no history of marine cultural heritage at the site. The area in and around the development is not classified or protected under EU legislation and the environmental quality standards laid down in EU community legislation will not be exceeded as a result of this proposal either on its own, in conjunction with the existing farm, or in conjunction with other marine development in the area. 4.8 The proposal is within the class of local development within the Planning Hierarchy. ADMINISTRATIVE PROCESSES 5.1 The Planning Application by Loch Duart Ltd, c/o Miss Sonja Brown, Badcall Salmon House, Scourie, Sutherland was registered on 1 March 2013. 5.2 The Planning Application was advertised for public comment in the Public Notices section of the Stornoway Gazette in the publication dated 14 March 2013 as required by regulations ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The proposed development is Schedule 2 Development – Category: (d), in terms of the 2011 Regulations. 6.2 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 15 April 2013 issued a Screening Opinion stating that in its opinion the development for which consent is now sought was not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement was not required. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site. Ref. No. Description Decision Date 09/00256 Fish Farm SC/SC No EIA 13/072009 09/00627 Development of Atlantic Salmon site and Decision 22/03/2011 complimentary shellfish longlines Quashed 10/00468 Development of new Atlantic Salmon site and NO EIA 05/10/2010 complementary shellfish longlines 10/00468 Scottish Government Screening Direction NO EIA 02/03/2011 10/00468* Development of new Atlantic Salmon site and PERC 19/09/2011 complementary shellfish longlines RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application. SCOTTISH ENVIRONMENT PROTECTION AGENCY 8.2 ‘We have no objection to this planning application and, on this occasion, we have no site specific comments to make.’ SCOTTISH NATURAL HERITAGE 8.3 ‘The proposed development is within the South Lewis, Harris and North Uist National Scenic Area (NSA). Based on the information provided and the existing consented proposal the changes proposed are not of a design or scale that would affect the integrity of the South Lewis Harris and North Uist National Scenic Area.