PLANNING APPLICATIONS BOARD 10 December 2019 COMHAIRLE NAN EILEAN SIAR 11 December 2019 19/00273/PPPM – DEEP WATER PORT, ARNISH ISLE OF LEWIS. APPLICATION FOR PLANNING PERMISSION IN PRINCIPLE TO ERECT BUILDINGS AND CONSTRUCT ASSOCIATED WORKS FOR INDUSTRIAL, HEAVY ENGINEERING, FABRICATION AND DECOMMISSIONING (CLASS 5), AND STORAGE/DISTRIBUTION (CLASS 6) AND TO CONSTRUCT A PRIMARY MEANS OF ACCESS, PROVIDE A CULVERT UNDER THE ACCESS ROAD, REMOVE AN EXISTING CULVERT, AND RE-USE EXCAVATED PEAT; ALL ASSOCIATED WITH RECLAIMED/LEVELLED AREAS OF LAND FORMING PART OF THE CREATION OF A DEEP WATER PORT (SUBJECT OF THE STORNOWAY PORT AUTHORITY HARBOUR ORDER 2019) Report by Head of Economic Development and Planning PURPOSE OF REPORT Since this proposal is classed as a ‘Major Development’ in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, this matter cannot be dealt with under delegated powers and is presented to the Comhairle for a decision. COMPETENCE 1.1 There are no legal, financial, equalities or other constraints to the recommendations being implemented. SUMMARY 2.1 The Stornoway Harbour - Deep Water Port (DWP), is a key project of the Stornoway Port Masterplan, a 20 year development framework for the Port of Stornoway. The project being within the limits of a statutory harbour and on the coastal zone, is the subject of a multi- faceted consenting regime. This comprises an anticipated grant of a Marine Licence (ML) for the extent of the works sited below Mean High Water Springs, permitted development rights enjoyed by a Harbour Authority (their scope referenced within the Stornoway Port Authority Harbour Order 2019 (HRO)) and, for Phase 1 of the development only, this application for a Planning Permission in Principle (PPP). 2.2 This application for PPP relates to particular elements only; the construction of the primary access road leading from the Arnish Road into the DWP, the development of buildings and associated works for storage/distribution and heavy industrial uses (the engineering works to deliver the platform on which the buildings would be erected would benefit from permitted development rights) and also the reuse/placement of displaced peat. 2.3 The project, being a Major Development, was subject to pre-application consultation with the local community. This resulted in a high level of participation. No third party input was received from the subsequent public consultation on the planning application, indicating that the community does not have concerns about the proposal. 2.4 The development would deliver on a long term ambition of the Stornoway Port Authority to develop a deep water berth at Glumaig Bay. When all planning matters are considered, the main concern that arises from the assessment is that from a visual amenity perspective there will, in the long term operational stage, be a significant adverse visual effect from a number of viewpoints (around the enclosed harbour and within 1.8km of the site) on various receptors including the coastal character area, as a result of the development of the overall DWP. In terms of this planning application that has to be balanced against the fact that the significant engineering and marine works are consented by others, that Stornoway Harbour is identified by the Scottish Government as a key Scottish Port with development potential, and the assessment of options found Glumaig Bay to be the only suitable site on account of water depth. 2.5 The DWP project would help realise the identified potential by creating new opportunities for the berthing of larger shipping including cruise liners as well as potential for warehousing and heavy engineering work all with attendant economic benefits for the Outer Hebrides and more specifically Stornoway. 2.6 The associated creation of development land would provide an opportunity to accommodate uses which are dependent on access to suitable berthing and incompatible with the limited sites available within the traditional industrial areas in and around Stornoway. These developments, if realised, would result in economic, social, community, and environmental benefits. 2.7 The proposal which is the subject to an application for PPP is a relatively small part of the overall DWP development. It has been subject to Environmental Impact Assessment (EIA) and a robust examination of the EIA findings. It has been assessed against the Outer Hebrides Local Development Plan (OHLDP) and subject to management of a number of issues and impacts by conditions considered to be compliant. Furthermore, the material considerations of NPF3, SPP, N-RIP and Planning Policy and guidance all lend weight to an approval in accordance with the Development Plan. 2.8 In conclusion, the development has been assessed against the OHLDP and considered to comply with its provisions. Material considerations have also been considered. Overall, the assessment concludes that the application be recommended for approval subject to conditions. 2.9 In order to accommodate the uncertainties around timescale for implementation of this major infrastructure development, the developer seeks to extend the time period for making an application for the matters specified by condition on the PPP, from the standard three years provided by Section 59(2) of the Act, to five years. 2.10 It is accepted that there are variables that could lead to a delay are variables that could lead to a delay in the detailed design and resultant information to satisfy conditions on the PPP and it is therefore proposed that a Direction be made. RECOMMENDATIONS 3.1 It is recommended that (a) the application be APPROVED subject to: (i) the conditions set out in Appendix 1 to the Report; and (ii) implementation of mitigation set out in Appendix 2 to the Report. (b) a Direction be made under Section 59 (5) of the Town and Country Planning (Scotland) Act 1997, the effect of which would be to direct that the period of 3 years in Subsection 59 (2) (a) (i) of the Act is not to apply in respect of the Permission, and that the Application for the approval mentioned in Section 59(1) (b) must be made before the expiration of 5 years from the date upon which this permission is granted. Contact Officer: Morag Ferguson [email protected] Tel 01870 604990 Ext 330838 Appendices: 1 Schedule of Proposed Conditions 2 Schedule of Proposed Mitigation 3 Location, Site Plan and Plan of Peat reinstatement areas Background Papers: None BACKGROUND AND DESCRIPTION OF PROPOSAL 4.1 The application relates to specific aspects of the development of a Deep Water Port, an ambitious project, central to the Stornoway Port masterplan (which sets a framework for the development of Stornoway Port for the next 20 years, the masterplan referenced within the Outer Hebrides Local Development Plan 2018 (Policy STY3)). The Deep Water Port would be located within the limits of Stornoway Harbour in and around Glumaig Bay sited across the bay from the current piers, due north/north-west of the former Arnish Fabrication Yard. 4.2 The wider Stornoway Deep Water Port project is the subject of a multi- faceted consenting regime including an anticipated grant of a Marine Licence (ML) for the extent of the works sited below Mean High Water Springs, planning permitted development rights arising from the making, by Scottish Ministers, of the Stornoway Port Authority Harbour Revision Order 2019 (‘HRO’) and this application for a Planning Permission in Principle (PPP). 4.3 The major engineering works to construct the Stornoway Deep Water Port (the blasting/extraction of rock and the levelling of land associated with Phases 1 to 4 of the port development (laydown, storage and heavy lift areas, marshalling areas, HGV/Lorry Parking areas, car parking areas, internal access, vehicle turning areas, services, and related drainage infrastructure) the construction of a secondary link road by the coast, the dredging and reclamation of land, provision of quayage - along the eastern edge of the levelled/reclaimed area, quay walls, linkspan bridge, finger pier, and other marine related works) fall to the two other consenting regimes and the development which is the subject of this application for planning permission in principle comprises 3 elements only: The erection of buildings and associated works for industrial, heavy engineering, fabrication and decommissioning (Class 5), and storage/distribution (Class 6) (on a level pre-prepared platform (of circa 2.1 hectares in area) being that area identified in yellow on the Plan A attached at Appendix 3. The construction of a primary means of access to form a new two-way vehicular access for the deep water port development including the forming of a junction with the Arnish Road (on an area extending to circa 0.8 ha) being that area indicated in dark green on the Plan A attached at Appendix 3. Works include a deep cutting, filling and reshaping of land, and include the provision of a culvert under the access road where it crosses the existing Allt Poll a’ Choire watercourse, as well as the removal of an existing culvert. the reuse/placement of peat (excavated from the construction footprint of the access road but also from other engineering works consented by the HRO) on an area of land identified as having potential for peat reinstatement indicated in light green on the Plan B attached at Appendix 3. The indicative peat reuse strategy contemplates reuse options including reinstatement of degraded areas of peat, reshaping of important land forms using peat; and reinstatement of road verges, bunds and other associated landscape areas. 4.4 The proposal, relating to an area in excess of 2 hectares, falls within the class of ‘Major’ development in terms of the Planning Hierarchy. 4.5 The site comprises the western shores of Glumaig Bay above the existing Mean Low Water Springs (MLWS) a rocky moorland populated by dry heath, scrubland, rockface slopes and vegetated slopes.