Agenda item

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  Ardyne was granted planning permission by the Scottish Government on 13 June 2011 for 8, circular 100m circumference cages for Atlantic Salmon.  The existing site is located in the Sound of Rothesay, to the south of Loch Striven.  There have been marine aquaculture operations at the existing site location for over 34 years. 

 

The application site is located approximately 356m south of the existing site.  The proposal involves the removal of all pens at the existing site and replacement of them with 14 x 120m circumference pens in a 75m mooring grid at the application site.  The replacement pens would be linked to the shore-based fed system associated with the existing site.  The application has been subject to 29 objections, 1 representation and 16 expressions of support. 

 

The recommendation on this application has been guided by the conclusions of the Supporting Information, advice of Statutory Consultees, and relevant material considerations raised by third parties.  The proposal has been assessed against the policies of the adopted Local Development Plan with particular regard to the criteria-based approach of the aquaculture supplementary guidance policy AQUA 1 as well as other material considerations and policies within the Plan.

 

It is considered that the proposal complies with the Local Development and it is recommended that planning permission be approved subject to the conditions detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:-

 

Standard Condition

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 27^th November 2019 and the approved drawing reference numbers:

Plan Title.	Plan Ref. No.	Version	Date Received
Location Plan – Figure 1	1 of 9	-	17/12/19
Location Plan – Figure 2	2 of 9	-	17/12/19
Net Plan – Title: 120m x 10m + 1.3m DEEP 24 VERTICALS, 12 SEGMENT BASE 2.1 mm SSP MBX NETTING	3 of 9	-	17/12/19
Cage Layout & Waterline Plan Title: Ardyne T4502D120/48 c/w Bird Net Poles	4 of9	-	17/12/19
Cage Ring Elevation/Bird Net Poles Title: T450 2 Ring 120m Pen 48 U/R cw 5m Bird Net Poles	5 of 9	-	17/12/19
Mooring Plan Title: 14 x 120m cages, in 16 pen 2 x 8 pen 75m x 75m grid’	6 of 9	-	17/12/19
Net Plan Title: 120m TOP NET UTILISING RABBEN KONSULT 6m POLE SYSTEM	7 of 9	-	17/12/19
Admiralty Chart Extract Proposed – Figure 3	8 of 9	-	17/12/19
Site Plan/Grid Co-ordinates Title: Site Plan Proposed, Figure 4	9 of 9	-	17/12/19

 

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

Removal of Redundant Equipment

 

2.    In the event that the development or any associated equipment approved by this permission ceases to be in operational use for a period exceeding three years, the equipment shall be wholly removed from the site thereafter, unless otherwise agreed in writing by the Planning Authority.

 

Reason: In the interest of visual amenity and to ensure that redundant development does not sterilise capacity for future development within the same water body.

 

Redundant Equipment/Equipment Failure

 

3.    In the event of equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, the developer shall carry out or make suitable arrangements for the carrying out of all measures necessary for lighting, buoying, raising, repairing, moving or destroying, as appropriate, the whole or any part of the equipment.

 

Reason: In the interest of visual amenity.

 

Lighting

 

4.    All lighting above the water surface and not required for safe navigation purposes should be directed downwards by shielding and be extinguished when not required for the purpose for which it is installed on the site.

 

Reason: In the interest of visual amenity.

 

Equipment Colour

 

5.    The finished surfaces of all equipment above the water surface including surface floats and buoys associated with the development hereby permitted (excluding those required to comply with navigational requirements) shall be non-reflective and finished in a dark muted colour unless otherwise agreed in advance with the Planning Authority.

 

Reason: In the interest of visual amenity.

 

Environmental Management Plan

6.    All prescriptions, as detailed within The Scottish Salmon Company’s amended Environmental Management Plan, dated December 2020 must be implemented by the Applicant in the manner and timings specified and any subsequent approved variation thereof.  The EMP should be reviewed and updated if required following the adoption by Scottish Government of any new policy framework relevant to wild salmonid interactions. Any proposed amendments to the EMP shall be submitted to and approved in writing by the planning authority prior to the changes being implemented.

 

Reason: In the interests of nature conservation.

 

Drift nets, vertical static nets or gill nets

7.    There shall be no use of drift nets, vertical static nets or gill nets to recapture escaped fish.

 

Reason: In order to avoid putting marine birds, including guillemots, shags, divers and others at risk.

 

Nuisance during Construction

8.    Identification and assessment of all potential sources of nuisance, including noise vibration, dust, and any temporary lighting provided, which may cause disturbance to nearby residents during the construction should be undertaken by the applicant. This should include consideration of intended hours of operation, movement of vehicles, use of plant and storage of equipment and materials on site. For all potential sources of nuisance, the applicant will be required to provide a management plan with details of suitable control measures to be put in place so as to ensure that construction does not cause loss of amenity to local residents and/or statutory nuisance.

 

Reason: In order to avoid sources of nuisance in the interest of amenity.

 

Operating Hours during Construction

9.    In order to minimise, as far as necessary, the level of noise and/or vibration to which nearby existing residents will be exposed during the construction process the hours of operation of the site should be restricted to 08.00 to 18:30 Monday to Friday and 08.00 to 13.00 on Saturdays. There should be no operation on Sundays or Bank Holidays.

 

Reason: In order to avoid sources of nuisance in the interest of amenity.

 

Operating Noise

 

10.  The Noise Rating Level attributable to the operation of the approved scheme and its associated activities shall not exceed background noise levels by more than 3dB(A) at 3.5m from the façade of any residential property measured in accordance with BS4142:2014.

 

Reason: In order to protect the amenity of the area from noise disturbance.

 

Traffic Management Plan

 

11.  No development shall commence until, a Traffic Management Plan has been submitted for the written approval of the Planning Authority in consultation with the Roads Authority. The Plan shall include positive measures to be put in place to minimise impact from the development on the road network especially at peak times. The Plan shall include the construction and operational phase of the proposal with detailed timing of all HGV traffic.  Once approved the development shall be implemented in accordance with the duly approved Traffic Management Plan and no collection/deliveries shall take place outwith the agreed hours unless otherwise agreed in writing with the Planning Authority.

Reason: To address abnormal traffic associated with the development in the interests of road safety.

 

Acoustic Deterrent Devices

 

12.  Notwithstanding the details contained within the Predator Control Plan, no Acoustic Deterrent Devices (ADDs) shall be deployed at the site hereby approved.

Reason: In the interests of nature conservation.  This planning application has been determined on the basis that ADDs will not be used and on this basis it has been determined that there would be no likely significant effects on cetaceans.

 

Communications and Monitoring Plan

 

13.  Prior to the first use of bath medications being administered on the fish farm hereby approved, a Communications and Monitoring Plan shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be carried out wholly in accordance with the Communications and Monitoring Plan unless otherwise agreed, or varied, in writing with the Planning Authority.

 

The Communications and Monitoring Plan shall include:

 

(a)  A Communications Plan detailing the method by which other marine users shall be informed of general safety information that should be considered by water users when in the vicinity of the fish farm, including when bath medications are being actively use at the site. The Communications Plan shall be informed by the conclusions of the Supporting Information "Assessment of the Potential Risk to Human Health Following Use of Azamethiphos, Deltamethrin and Hydrogen Peroxide; WCA; Dec 2021";

(b)  A Monitoring Plan to investigate the dispersal and dilution of Hydrogen Peroxide following its use in bath treatments on the site and the use of these findings to review and update the conclusions in the aforementioned Supporting Information, and the Communications Plan. The Monitoring Plan shall include provision for reporting the findings to the Planning Authority and securing its written approval for any resultant amendment that may be proposed to the Communications Plan.

 

Reason: To inform marine users of potential risks to human health in the vicinity of the fish farm.

 

Predator Control Plan

 

14.  The site shall be operated in accordance with the Predator Control Plan, Ardyne, Sound of Rothesay rev A1 dated 17^th Jan 2019 with the exception of any proposed actions contained within these documents limited by other conditions on this planning permission.  Any subsequent updates of these documents shall be submitted to and approved in writing by the planning authority.

 

Reason: In the interests of nature conservation.

 

Entanglement/Entrapment

 

15.  The proposal shall be undertaken strictly in accordance with the following:

 

(a)  A daily record of entanglement / entrapment shall be maintained using a standardised proforma (which can be supplied by NatureScot) which shall be submitted to the planning authority and copied to NatureScot at 6 monthly intervals or other specified period to be agreed in writing with the planning authority in consultation with NatureScot. The first proforma shall be submitted 6 months after the development is brought into use unless otherwise agreed in writing with the planning authority in consultation with NatureScot.

 

(b)  In the event of any significant entrapment or entanglement of gannets, and any other SPA interests identified as relevant to a particular fish farm (e.g., involving three or more birds of any named species in any one day and / or a total of ten or more birds in the space of any seven-day period and / or repeat incidents involving one or more birds on four or more consecutive days), the operators shall immediately notify both the planning authority and NatureScot;

 

(c)  Adaptive management approaches should be agreed in writing with the planning authority in consultation with NatureScot in advance of these being implemented.

 

Reason: To ensure that there are no significant effects on the qualifying interests of the Ailsa Craig Special Protection Area. Gannet in particular have an extensive range and would have the potential to become entangled in nets.

 

Escapes Contingency Plan

 

16.  The site shall be operated in accordance with the Escapes Contingency Plan, Ardyne, Sound of Rothesay except for any proposed actions contained within these documents limited by other conditions on this planning permission. Any subsequent updates of these documents shall be submitted to and approved in writing by the planning authority. The development shall comply with the Technical Standards as referred to in the Escape Contingency Plan for Ardyne.

 

Reason: In the interests of nature conservation.

 

Wild Fisheries Sea Lice Monitoring Strategy

 

17.  The Wild Fisheries Sea Lice Monitoring Strategy shall include monitoring of the juvenile freshwater population of Atlantic Salmon, in the Endrick Water Special Area of Conservation.  The final monitoring plan shall be submitted to the Planning Authority and agreed in writing with all relevant parties, including NatureScot, prior to the site being stocked.

 

Reason: In the interests of nature conservation.

 

Waste Management Plan

 

18.  Prior to the commencement of development a Waste Management Plan shall be submitted to and approved in writing by the planning authority. This shall include details of the arrangements for the storage, separation, and collection of waste from the site including proposals for uplift from areas where fish farm equipment has become detached from the site.

Reason: To ensure that waste is managed in an acceptable manner.

 

(Reference: Report by Head of Development and Economic Growth dated 4 August 2022, submitted)