Report by Head of Development and Economic Growth
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Additional documents:
Minutes:
The
Chair welcomed everyone to the meeting which was being held on a hybrid
basis. For the purposes of the sederunt Iain Jackson, Clerk to the Committee today, read
out the names of the Members of the Committee and asked them to confirm their
attendance.
In advance of the meeting today interested parties confirmed they would
make presentations to the Committee. Mr
Jackson read out the names of those representatives and asked them to confirm
their attendance. Mr Jackson also
clarified that there were no others in attendance today that wished to speak.
The Chair, having explained the hearing procedure that would be
followed, invited the Planning Officer to present the case.
PLANNING
On
behalf of the Head of Development and Economic Growth, Sandra Davies, Major
Applications Team Leader, made the following presentation with the aid of power
point slides.
Slide 1: PPSL Front Sheet
Slide 2: Title and Location Plan
This
application is for the formation of a new fish farm off the east coast of
Kintyre. The site is located in the Kilbrannan Sound about 10km north of Carradale
and to the north of Cour Bay.
Slide 3 Proposed Site Plan
The
fish farm would have 12 circular cages with each cage measuring 120m
circumference in a 2x6 grid along with a feed barge.
Slide 4 Plans and Elevations
The
cages would be low in profile and finished in a dark, non- reflective
material. This shows the plans and
elevations of the proposed cage group.
Slide 5 Typical Pen Design
This
plan shows a typical pen design with pole mounted top nets.
Slide 6 Feed Barge
Here
are the drawings for the proposed feed barge which has the design of a marine
vessel.
The
site would be serviced from the existing shore base at Carradale
Harbour which already serves Mowi’s fish farms Carradale North and South.
Slide 7 (Environmental Impact Assessment Front
Cover)
An
Environmental Impact Assessment has been carried out in relation to this
application. The EIA process looks at
the significant effects of a project on the environment. As with any other type of planning
application, the legislation requires that the proposals be assessed against
the policies of the development plan. If the proposal accords with these
policies then the development should be approved unless material considerations
indicate otherwise.
Slide 8 (NPF4 and LDP front covers)
The
Development Plan comprises National Planning Framework 4 (NPF4) adopted
February 2023 and the Argyll and Bute Local Development Plan adopted 2015.
Slide 9: NPF 4 Policy 32
NPF4
should be read as a whole and is based around six overarching spatial
principles which the proposed development should comply. Part 2 of NPF 4 contains 33 policies and the
report of handling for this application details those which would apply to the
proposed development.
A
number of NPF4 policies apply to this development, however, the prime policy
for aquaculture is policy 32. This
policy makes it clear that LDPs should guide new aquaculture development in
line with National and Regional Marine Plans.
They should minimise environmental impacts, including cumulative impacts
that arise from other existing and planned aquaculture development in the area
whilst also reflecting industry needs.
Policy 32 requires the consideration of a set of criteria which are
similar to those covered the LDP aquaculture policy AQUA 1. I have highlighted these criteria in bold on
the slide.
Slide 10 – Policy AQUA 1
This
is policy AQUA 1 from the adopted LDP showing the eight criteria which require
to be assessed in the determination of this application.
Since
this application was presented to the PPSL committee in May, Argyll and Bute
Council’s proposed Local Development Plan 2 (pLDP2) has gained enhanced status
as this has been returned to the Council following the Examination
process.
Supplementary
Report no. 3 has therefore assessed proposal against the relevant pLDP2
policies. Following this process it has
been concluded that there would be no substantive change to the policy
assessment of the proposal.
Landscape / Seascape
and Visual Amenity
Returning
to the adopted LDP, AQUA 1 is a criteria based policy which relates
specifically to marine and freshwater aquaculture. The application has been
assessed against each of the eight criteria and found to comply with the
plan. I will go through each of these
criteria in turn.
Slide 11 ZTV Slide
The
first criteria to be considered under this policy relates to landscape /
seascape and visual amenity. A landscape and visual appraisal has been included
with the EIAR.
The
proposed fish farm would be located off a small promontory named Rubha Riabhach which is located
beyond a rocky shoreline. The site is
theoretically visible to a wide extent from both the north and the south with
the views to the 2west curtailed by the promontory. The current slide shows the Zone of
Theoretical Visibility or ZTV with the view points
locations marked. There are clear views from the Kilbrannan
Sound and distant views from the Isle of Arran.
The EIAR notes that the location of Rubha Riabhach is remote from residential properties and outwith sightlines of adjacent Crossaig
and Cour. It
is further noted that the coastline of Arran is sufficiently far away to
diminish views.
The
B842 runs north from Campbeltown to Cloanaig. This is a
single track road which moves in and out from the coastline due to
topography. In places there are elevated
views across the Kilbrannan Sound toward Arran and
Ailsa Craig. The road is also designated
as long distance cycle path (NCN 78) and core path. The closest dwellings to
the proposed fish farm can be found at Cour and Crossaig at distances between 1km and 1.5km.
The SLVIA notes that the key seascape and landscape characteristics of the area are the remote and indented coastline, the narrowing of the Kilbrannan Sound and proximity to Arran, where the low hills of Kintyre contrast with the drama of the rugged Arran skyline. The gentle landscape of the area and clustered settlement pattern, with strong links to ... view the full minutes text for item 3
:
Report by Head of Development and Economic Growth
:
Additional documents:
Minutes:
The Chair welcomed everyone to the meeting which was being held on a hybrid basis. For the purposes of the sederunt Iain Jackson, Clerk to the Committee today, read out the names of the Members of the Committee and asked them to confirm their attendance.
Before proceeding further, the Chair addressed a preliminary matter and invited Planning to speak to the contents of supplementary report number 3 issued on 28 August 2023.
The Major Applications Team Leader referred to supplementary report number 3 and, in particular, to a communication from NatureScot which Planning Officers believed was a material consideration in the determination of this application. It is considered that the proposal may have likely significant effects on the Atlantic Salmon Qualifying Interests of the Endrick Water Special Area of Conservation (SAC). This is a European site and the competent authority, in this case, Argyll and Bute Council, must undertake an Appropriate Assessment. This has been carried out and is contained as an Appendix to the main planning report. The conclusions of this Appropriate Assessment have been formed based upon the advice of NatureScot. However, yesterday morning Officers received a letter from NatureScot advising that they were aware of new information which may change the advice that Planning Officers have been given. A competent authority cannot approve planning applications unless it is shown beyond reasonable scientific doubt through an Appropriate Assessment that the proposal would not adversely affect the integrity of a European site. If Members were to proceed to determine this application on the basis of the existing Appropriate Assessment it could result in a legal challenge. It is understood that NatureScot should be in a position to respond within the normal statutory timeframe of 20 working days. Officers are aware that Members of the Committee have been copied into a letter from MOWI but the contents of this letter do not change the revised recommendation set out in supplementary report number 3 to adjourn the hearing to allow NatureScot time to respond and to allow the Planning Authority to consider if this changes the Appropriate Assessment.
DECISION
The Committee agreed not to commence with the Hearing today and that it be adjourned to allow time for NatureScot to update their advice to the Planning Authority in light of the new information received.
(Reference: Report by Head of Development and Economic Growth dated 12 May 2023, supplementary reports 1 dated and 2 dated 23 May 2023 and supplementary report number 3 dated 28 August 2023, submitted)
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