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MOWI SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC SALMON) INCORPORATING TWELVE 120M CIRCUMFERENCE CIRCULAR CAGES AND SITING OF FEED BARGE: NORTH KILBRANNAN FISH FARM, NORTH OF COUR BAY, KILBRANNAN SOUND, EAST KINTYRE (REF: 20/01345/MFF)

Meeting: 28/11/2023 - Planning, Protective Services and Licensing Committee (Item 3)

3 MOWI SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC SALMON) INCORPORATING TWELVE 120M CIRCUMFERENCE CIRCULAR CAGES AND SITING OF FEED BARGE: NORTH KILBRANNAN FISH FARM, NORTH OF COUR BAY, KILBRANNAN SOUND, EAST KINTYRE (REF: 20/01345/MFF) pdf icon PDF 529 KB

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

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Meeting: 29/08/2023 - Planning, Protective Services and Licensing Committee (Item 3)

3 MOWI SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC SALMON) INCORPORATING TWELVE 120M CIRCUMFERENCE CIRCULAR CAGES AND SITING OF FEED BARGE: NORTH KILBRANNAN FISH FARM, NORTH OF COUR BAY, KILBRANNAN SOUND, EAST KINTYRE (REF: 20/01345/MFF) pdf icon PDF 186 KB

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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