Argyll and Bute CouncilDevelopment and Infrastructure Services

Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle_________________________________________________________________________

Reference No: 15/01849/PP

Planning Hierarchy: Major Application

Applicant: Ardyne Estates Limited Proposal: Removal of existing buildings including associated plant and

equipment, erection of fish processing facility (Class 5) with associated infrastructure and landscaping. Erection of replacement office, feed store and pontoon jetties, formation of new access road, refurbishment of existing bridge and erection of water storage facility with accompanying Masterplan in respect of 15/02001/MPLAN (PDA 2/43 and SMA 1/1)

Site Address: Land at Ardyne Point, west of Mid-Ardyne, Toward, Argyll_________________________________________________________________________

DECISION ROUTE

Local Government (Scotland) Act 1973_________________________________________________________________________

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

Erection of fish processing facility (6,800m2) with associated car parking, distribution/delivery yard, water storage and recycling plant and landscaping;

Erection of replacement fish farm operational centre (175m2) and storage facility (125m2), replacing existing facilities on site including car parking, delivery yard and landscaping;

Solar PV installation on the roof of the fish processing facility and office block; Erection of new fresh water storage (30,000m3) and pumping facilities; Erection of new water treatment and storage facilities; Formation of new berthing facilities in the form of pontoons for

loading/unloading of fish and feed; Formation of a new vehicular access road from the C10 road; Refurbishment of the existing bridge over the Ardyne Burn. Installation of two private foul drainage systems with outfall to Loch Striven Remedial works to revetments and sheet pile walls;

(ii) Other specified operations

Demolition of existing feed store, office building and associated plant and equipment;

New and extended services and connections with associated plant/sub-station including a new 33kv power connection from the north;

Connection to public water main; Removal of trees / shrubs.

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(B) RECOMMENDATION:

It is recommended that Planning Permission be granted subject to the conditions, reasons and advisory notes set out below.

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(C) HISTORY:

Relevant planning history with materiality to the current proposal:

Ref. 15856. Permission originally granted in 1973 for the construction of offshore oil production platforms and other floating concrete and steel structures for description see 142/78 below.

Ref. 930/78: Establishment of a fish farm centre adjacent to basin 3, Ardyne Point (Applicant Sir Robert McAlpine and Sons Ltd.) Granted 28th September 1979 subject to four conditions including that the fish farm should commence by 31st December 1979 i.e. within three months.

Ref. 89/00490/DET001 Erection of a fish farm building granted 18th July 1989.

Ref 01/89/0490: Erection of a fish farm building at Ardyne Point (Applicant Murray Seafoods Limited). Granted 9th August 1989.

Ref: 02/94/0088/MFF Marine Fish Farm (Salmon and shellfish farming) Baigh au Sgairh, North of Ardyne Point (Applicant Murray Seafoods) Lease granted by The Crown Estate 27th October 1994 subject to three conditions including a 20 year lease from the agreed date of entry

Ref: 07/00952/OUT Sir Robert McAlpine Enterprises Ltd Erection of mixed use development comprising: Partial infill of southern basin, improvements to retaining walls and coastal protection measures and associated ground clearance/engineering infrastructure works. Erection of a 220 berth marina (sui generis) with associated land based facilities; hotel (Class 7)(up to 120 beds) with ancillary restaurant/public house; retail units (Class 1 shop); Class 4 office units (5,500 square metre); improvements to existing fish farm and complementary Class 5 industrial premises; ferry terminal comprising link span crossing and associated car parking/waiting areas; residential development (flats and houses up to 220 units); waste water treatment plant comprising septic tanks and outfall; improvements to existing vehicular access and new vehicular/pedestrian accesses, landscaping, SUDS scheme and car parking. Granted subject to Section 75 Agreement 27.07.2012 but expired.

Ref: 15/00807/PAN Proposal of Application Notice for removal of existing buildings and associated plant and equipment. Erection of fish processing facility and

associated infrastructure including replacement office, feed store, pontoon jetties, access road and water storage facility.

Ref: 15/01188/SCREEN Removal of existing buildings and associated plant and equipment. Erection of fish processing facility and associated infrastructure including replacement office, feed store, pontoon jetties, access road and water storage facility, Screening letter issued 5th May 2015.

Ref: 15/01189/SCOPE Removal of existing buildings and associated plant and equipment. Erection of fish processing facility and associated infrastructure including replacement office, feed store, pontoon jetties, access road and water storage facility.Scoping letter issued 5th May 2015.

Ref: 15/02001/MPLAN Masterplan in respect of Potential Development Area 2/43 and Strategic Masterplan Area 1/1 as identified in the Argyll and Bute Local Development Plan 2015 is also tabled before this PPSL Committee for consideration.

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(D) CONSULTATIONS:

West of Scotland Archaeology Service (response dated 17th July 2015): Potential for unrecorded remains on undisturbed ground within the application site. Suspensive condition recommended to secure a programme of archaeological works.

Local Biodiversity Officer (response dated 6th August 2015): Comments regarding Construction Environment Management Plan, bats, otter, Japanese Knotweed, landscaping, water course management and access road improvements.

Historic Scotland (response dated 23rd July 2015): No objections. Proposals do not raise issues of national significance in respect of Castle Toward Designed Landscape.

Flood Risk Assessor (response dated 5th August 2015): No objections subject to conditions and advisory notes. Finished ground and floor levels recommended.

Marine Scotland Science (response dated 6th August 2015): One aquaculture site in the vicinity of the proposed fish processing facility. Another marine cage Atlantic salmon site lies 3.7km north-west of the proposed development.

Roads Bute and Cowal (response dated 19th August 2015): No objections subject to conditions and advisory notes. Conditions recommended in respect of sightlines, Route Action Plan, internal road layout design and improvements to the bridge over the Ardyne Burn. Roads Construction Consent and Road Bond required.

Marine and Coastal Development Manager (response dated 21st August 2015) : Comments regarding national and regional priorities, economic impact, LDP policies, locational need, berthing facilities, coastal protection, Construction Environmental Management Plan, impact on the water environment, interaction with other marine activities and landscape and visual impact assessment.

Scottish Environmental Protection Agency (responses dated 19th August and 5th October 2015): Original objection on the grounds of a lack of information on flood risk, foul drainage and surface water drainage. Based on additional supporting information on flood risk, foul and surface water drainage, headwalls and culvert, SEPA now remove their original objection. Advisory comments regarding flood risk caveats and regulatory requirements.

Environmental Health - Bute and Cowal (response dated 21st August 2015): No objections in principle but comments regarding construction and operational activities, drainage and water arrangements and hygiene of foodstuffs regulations.

Core Paths (response dated 21st July 2015): No comments to make.

Ministry of Defence (expiry date 6th August 2015): No response.

SNH - Argyll and Outer Hebrides (expiry date 6th August 2015): No response.

Scottish Water (expiry date 6th August 2015): No response.

Royal Society for the Protection of Birds (expiry date 6th August 2015): No response.

Crown Estates Commissioners (expiry date 6th August 2015): No response.

Health and Safety Executive (expiry date 6th August 2015): No response.

South Cowal Community Council (expiry date 6th August 2015): No response.

Colintraive & Glendaruel Community Council (expiry date 6th August 2015): No response.

Isle of Bute Community Council (expiry date 6th August 2015): No response._________________________________________________________________________

(E) PUBLICITY: Regulation 20 advert (publication date 24th July 2015, expiry date 14th August 2015).

_________________________________________________________________________ (F) REPRESENTATIONS:

Two letters of objection has been received from the following:

Ms. Joyce Chapman, 1 Calderwood, Innellan (letter dated 2nd August 2015), andJane Kelly, Shore Cottage, Port Lamont (email dated 1st September 2015).

The concerns raised are summarised below:

Objection on the grounds of cruelty, pollution and consequential environmental damage especially in an area of outstanding natural beauty. Need to think of the long term damage instead of making a quick profit.

Comment: The proposal is for a fish processing factory that would be governed by necessary operational regulations. The application site is a brownfield development site that is well screened from inland views. Refer to report below.

Proposed development would be visible from Port Lamont.

Comment: The proposed factory building will be partially screened by an existing wooded bund overlooking the north basin. Refer to report below.

The new processing facility will be 6,800sqm – what it is presently?

Comment: The existing Cairndow facility in terms on main building footprint is approximately 800sqm.

Elevation Drawing 121105-12 looking east – which would we see from Port Lamont?

Comment: Neither, this is a view from the sea.

Elevations 121105-102 – which will we see?

Comment: The north elevation faces towards Port Lamont, but will be partially visible due to topography and landscape.

Feedstore office elevations AP-AH-XX-@@11-DR-A-2002 RevP3 – which will we see?

Comment: The north elevation faces towards Port Lamont, but will not be visible due to topography and landscape.

Feedstore elevation 1211-5-400 – which will we see?

Comment: (the drawing shows the Water Treatment Facility not the Feedstore) The north elevation faces towards Port Lamont, but will not be visible due to the new plant, topography and landscape.

Short and Long Term Light and Noise Pollution

Comment: Noise and lighting impact during construction are addressed in the CEMP submitted with the application. Public Protection has confirmed no objection subject to conditions requiring the submission of a management plan dealing with dust and noise during construction.

Length of construction period and light / noise pollution

Comment: Applicant confirms site start on main factory building October 2015, completion March 2017 inclusive based on current programme. Proposals also subject to planning & building warrant for the feed stores. Overall construction period estimated at 81 weeks, however Planning have no control over this and the construction period is a matter for the developer.

Will the pumping station run 24 hours a day and what would be the noise level from it?

Comment: The applicants do not anticipate that noise will be an issue from the pumping stations at the water storage facility as they are located in below ground pumping chambers. The majority of pumping will be during the operational hours of the facility as pumping will be linked to water usage at the processing facility. In low flow periods (dry periods) when the water storage facility is topping up the pumping could operate 24 hours per day until is it back up to its operating level.

What will the noise level of day to day activity after completion?

Comment: Noise levels will be within required limits. Port Lamont is sufficiently distant, and with land form and landscape intervening, that any impact will be negligible.

What is the overall environmental impact – is there a SEPA Report?

Comment: Environmental matters have been addressed in a variety of reports. SEPA offer no objections in respect of flood risk, foul and surface water drainage. Refer to report below.

Will there be new screening between dwellings at Port Lamont and the new facility?

Comment: New landscape planting will be provided in association with the new facility principally to the south and east.

How will the already overloaded Toward road cope in the short and long term?

Comment: Transport matters are addressed in the submitted Transport Statement. The Council’s Roads department has confirmed no objection subject to four conditions which are acceptable to the applicant.

What will be the effect on property values?

Comment: Impact on property values is not a material planning consideration.

In the last 15 years, the noise and light pollution from the current facility has increased. The cages used to be very close to the basin but they have increased in number and crept up Loch Striven in full view of dwellings at Port Lamont. Cages are constructed on the Killellan Farm beach adjacent to dwellings with bleepers going from 7am. The facility works at night with floodlights shining into dwellings in Port Lamont.

Comment: The comments above refer to the existing aquaculture operation and are not strictly relevant to the proposed development. The applicant comments that the fish farm operates in accordance with SEPA licences and approvals. Use of the beach is agreed with the beach owner. The applicant will however ask the salmon farm to liaise more frequently with neighbours during busy times and night-time operations but would note that the planning application submitted has no relationship with the fish farm.

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(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No

(ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: No

(iii) A design or design/access statement: Yes

The Design Statement includes information on the Planning Application Notice and process, site history and current activities, Masterplan, site analysis, site utilities, coastal treatment, external space, water abstraction and storage facility, and design concept. The design concept is looked at in more detail in the assessment within Appendix A, section c below.

(iv) A report on the impact of the proposed development e.g. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Yes

Pre-Application Consultation Report: Initial Development by Turley dated June 2015;Planning Statement: Initial Development by Turley dated June 2015;Water Storage Facility: Flood Risk Assessment by Ironside Farrar dated July 2015;Landscape and Visual Impact Assessment by Ironside Farrar dated June 2015;Construction Environmental Management Plan by Ironside Farrar dated June 2015;Transport Assessment by ECS Transport Planning Ltd. dated June 2015;Flood Risk Assessment by Quattro Consult dated June 2015;Ardyne Burn Geomorphology Survey by Wallingford HydroSolutions Ltd. Dated June 2015;Economic Impact Statement by Turley Economics dated June 2015;Ecological Impact Assessment by Ecos Countryside Services dated 15th June 2015;Fish Population Survey of the lower Ardyne Burn by Argyll Fisheries Trust dated July 2015;Summer Surveys for bats, bat roosts and use of site by bats for foraging by Dr. Susan Swift dated 16th August 2015;Tree and Woodland Survey by Donald Roger Associates dated March 2015;Archaeological Desk-based Assessment by Guard Archaeology dated 18th June 2015;Archaeological Evaluation Written Scheme of Investigation by Guard Archaeology dated 2015;

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(H) PLANNING OBLIGATIONS

Is a Section 75 agreement required: No. _________________________________________________________________________

(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No

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(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application

(i) List of all Development Plan Policy considerations taken into account in assessment of the application.

Argyll and Bute Council Local Development Plan (2015)

LDP STRAT 1 Sustainable Development;LDP DM1 Development within the Development Management Zones (the application site is located within PDA 2/42, AFA 2/3 and MAST 1/1);LDP 3 Supporting the Protection, Conservation and Enhancement of our Environment;LDP 4 Supporting the Sustainable Development of our Coastal Zone;

LDP 5 Supporting the Sustainable Growth of our Economy;LDP 9 Development Setting, Layout and Design;LDP 10 Maximising our Resources and Reducing Our Consumption;LDP 11 Improving our Connectivity and Infrastructure.

(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009.

Argyll and Bute Council Proposed Local Development Plan - Supplementary Guidance (as amended) (February 2013); (pending approval by Scottish Ministers);

SG LDP ENV 1 Development Impact on Habitats, Species and our Biodiversity;SG LDP ENV 6 Development Impact on Trees / Woodland;SG LDP ENV 7 Water Quality and the Environment;SG LDP ENV12 Development Impact on National Scenic Area (NSAs);SG LDP ENV13 Development Impact on Areas of Panoramic Quality (APQs);SG LDP ACE 1 Area Capacity EvaluationSG LDP ENV15 Development Impact on Historic Gardens and Designed Landscapes; SG LDP ENV 16(a) Development Impact on Listed Buildings;SG LDP ENV 19 Development Impact on Scheduled Ancient Monuments;SG LDP ENV 20 Development Impact on Sites of Archaeological Importance;SG LDP BUS 1 Business and Industry Proposals in Exisitng Settlements and Identified Business and Industry AreasSG LDP LDP CST 1 Coastal Development;SG LDP TRAN 8 Piers and Harbours;SG LDP BUS2 Business and Industry Proposals in the Countryside Management Zones;SG LDP AQUA 1 Aquaculture Development;SG LDP SERV 1 Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systems;SG LDP SERV 2 Incorporation of Natural Features/Sustainable Drainage Systems (SuDS);SG LDP SERV 3 Drainage Impact Assessment (DIA);SG LDP SERV 4 Contaminated Land;SG LDP SERV 5b Provision of Waste Storage and Collection Facilities within New Development;SG LDP SERV 6 Private Water Supplies and Water Conservation;SG LDP SERV 7 Flooding and Land Erosion – The Risk Framework for Development;SG LDP SERV8 Development in the Vicinity of Notifiable Installations;SG LDP Climate Change;SG LDP TRAN1 Access to the Outdoors;SG LDP TRAN2 Development and Public Transport Accessibility;SG LDP TRAN3 Special Needs Access Provision;SG LDP TRAN 4 New and Existing, Public Roads and Private Access Regimes;

SG LDP TRAN 5 Off-site Highway Improvements;SG LDP TRAN 6 Vehicle Parking Provision;SG2 Sustainable Siting and Design Principles;ACE 1 – Area Capacity Evaluation.

*Note: The above supplementary guidance has been approved by the Council but has yet to be approved by the Scottish Government. It therefore constitutes a material consideration of significant weight, but less than that of adopted policy.

National Planning Framework 3 (NPF 3) (June 2014);Scottish Planning Policy (SPP) (June 2014);Scottish Historic Environment Policy 2014;Proposed ACE Supplementary Guidance 2015;Applicants Supporting Information;Planning history;Views of statutory and other consultees;Legitimate public concern expressed on ‘material’ planning issues.

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(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: Yes. Screening letter issued 5th May 2015 advising that an EIA was not required.

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(L) Has the application been the subject of statutory pre-application consultation. Yes. The proposal is considered to be a major development as defined by the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and a public consultation exercise has been completed to support the proposal. A Proposal of Application Notice (PAN) was submitted on 13th March 2015.

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(M) Has a sustainability check list been submitted: No_________________________________________________________________________

(N) Does the Council have an interest in the site: No _________________________________________________________________________

(O) Requirement for a hearing (PAN41 or other): No ________________________________________________________________________

(P) Assessment and summary of determining issues and material considerations

This is a major investment proposal contributing to economic development, the safeguarding and creation of local employment, and the consolidation of the aquaculture sector in Argyll and Bute, by adding value to fish farm production in the area and from further afield. It also represents significant development within a major brownfield site identified by the development plan for a range of uses, which as a result of infrastructure improvements will help promote the development of the remainder of the site and may act as a catalyst for further aquaculture or other industrial/commercial development.

The site lies within Potential Development Area 2/43 (PDA) and Area for Action (AFA) 2/3 as defined by the adopted Local Development Plan. The PDA brief identifies the

site as being suitable for mixed use including tourism/business/leisure/ housing/marine and aquaculture related development. It is considered that the proposal is consistent with the objectives of the PDA and AFA and would result in the remediation of an environmentally degraded site.

Part of the proposal includes the formation of a new adopted access road to the site. This aspect of the development lies outwith the PDA and is located within the adjacent ‘countryside’ zone. As this is greater than ‘small scale’ development, this part of the proposal triggers the requirement for an Area Capacity Evaluation (ACE) to be carried out the findings of which are included within Appendix B of this report.

All other relevant development plan policies would be complied with. There are no other material considerations, including responses from consultees and representations from third parties, nor matters raised in the environmental assessment of the proposals, which would warrant the setting aside of the presumption in favour of the development established by development plan policy. Refer to report below for full details and assessment.

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(Q) Is the proposal consistent with the Development Plan: Yes. _________________________________________________________________________

(R) Reasons why Planning Permission should be granted

The proposed development meets with the aims of both the PDA and AFA designations as defined by the Argyll and Bute Council Local Development Plan. The development of these proposals would result in the development of an environmentally degraded site. The proposals would also accord with all other relevant development plan policies and it is therefore appropriate that planning permission be granted in line with development plan policy, subject to recommended safeguarding conditions.

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(S) Reasoned justification for a departure from the provisions of the Development Plan N/a

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(T) Need for notification to Scottish Ministers or Historic Scotland: No_________________________________________________________________________

Author of Report: Brian Close Date: 6th October 2015

Reviewing Officer: Sandra Davies Date: 9th October 2015

Angus GilmourHead of Planning & Regulatory Services

CONDITIONS AND REASONS RELATIVE TO APPLICATION 15/01849/PP

1. The development shall be implemented in accordance with the details specified on the application form dated 25th June 2015 and the approved drawing reference numbers:, 121105-15 Rev D, 121105-17, 121105-12 RevA, 121105-13 RevL, 121105-100, 121105-102, 121105-200 RevD, AP-AH-XX-ZZ-DR-A-1001 RevP3, AP-AH-XX-ZZ-DR-A-1002 RevP1, AP-AH-XX-ZZ-DR-A-1003 RevP2, AP-AH-XX-ZZ-DR-A-1501 RevP0, AP-AH-XX-ZZ-DR-A-1502 RevP0, AP-AH-XX-ZZ-DR-A-1503 RevP0, AP-AH-XX-ZZ-DR-A-2001 RevP3, AP-AH-XX-ZZ-DR-A-2002 RevP3, 8399/P/104/01, 8399/P/104/02, 8399/P/103, 8399/P/102/04, 155014/001 RevA, 155011-100 RevB, 155011-101 RevC, 155011-102 RevB, 155011-103 RevB, 155011-104, 121105-400, 8399/P/101, 8399/P/301, 8399/P/102/01, 8399/P/102/02, 8399/P/102/03, 4204-301 RevC, 8514_ 101, 8514_ 102, 8514_ 103, 8514_ 104, 8514_ 109, 8514_ 111, unless the prior written approval of the planning authority is obtained 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.

2. Notwithstanding the provisions of Condition 1 above, the finished floor level of the fish processing factory building shall be a minimum of 5.25 m AOD with finished ground levels a minimum of 4.95m AOD, unless otherwise agreed in writing by the Planning Authority.

Reason: In order to ensure appropriate mitigation from coastal flood risk.

3. The general environmental mitigation measures in respect of pollution prevention, dust control, noise and vibration, ecology and habitat, safety fencing, construction traffic and waste management prescribed in the Construction Environmental Management Plan (CEMP) by Ironside Farrar dated June 2012 shall be shall be carried out in accordance with the approved CEMP and any supporting documentation, unless otherwise agreed in writing by the Planning Authority in consultation with Public Protection.

Reason: In order to ensure appropriate environmental mitigation from the proposed development works.

4. Notwithstanding the general environmental mitigation measures prescribed in the Construction Environmental Management Plan (CEMP) by Ironside Farrar dated June 2012, a detailed Construction Method Statement for all works affecting the Ardyne Burn (referred to in section 7.0 of the CEMP Environmental Mitigation Measures: Ecology) shall be submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage. Such a statement should provide full details on protection of otters and their habitats, salmon, sea trout and migratory fish passage during the construction period.

Reason: To ensure that sufficient measures are put in place to prevent injury or death to otters, salmon and sea trout during the construction of the proposed development.

5. Notwithstanding the general environmental mitigation measures prescribed in the Construction Environmental Management Plan (CEMP) by Ironside Farrar dated June 2012, a detailed site specific Waste Management Plan shall be submitted to and approved in writing by the Planning Authority in consultation with Public Protection. Such a statement should provide full details on removal of waste products from the site (including food waste), condition of the site and temporary welfare

facilities for all site staff.

Reason: To ensure that sufficient waste management measures are put in place in during the construction and operational periods.

6. No development (including any land engineering works or any associated operations) shall take place within the development site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken in consultation and agreement with the West of Scotland Archaeology Service.

Reason: In order to allow the recovery and recording of any finds of archaeological significance.

7. No storage shall take place outwith buildings and designated storage areas. Prior to the development hereby approved becoming operation full details of any proposed outdoor storage areas shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be implemented in accordance with these details.

Reason: In order to ensure that the site remains in a tidy condition in the interests of visual amenity.

8. No tree felling works shall take place during the bird breeding season (March to July inclusive), unless otherwise agreed in writing by the Planning Authority.

Reason: To minimise the impact of the development on breeding birds within the application site.

9. No development shall commence until details of construction compounds and location of vehicular wash-down area(s) (which shall be close to the boundary of the works) have been submitted to and approved in writing by the Planning Authority. No demolition, construction or any associated infrastructure works shall commence on site until the vehicular wash-down area(s) has been brought into use and it shall be retained in the approved location for the duration of the entire construction period unless the prior written consent of the Planning Authority is obtained for variation.

Reason: To prevent contamination on the public roads and in the interests of road safety.

10. Prior to the new fish processing facility becoming operational, sightline visibility splays 160 x 4.5 x 1.05 metres shall be required at the location of the junction of the new access road and the existing public road (C10 Glenstriven Road). These sightlines shall be cleared of any obstruction to visibility in excess of 1.05m in height before the access point is first brought into use and shall be maintained clear of any boundary wall, fencing, signage or vegetation in excess of 1.05 metre thereafter.

Reason: In the interests of road safety and to maintain acceptable sightlines.

11. Prior to the new fish processing facility becoming operational, the new access road shall be constructed to an adoptable standard. Any works required to the existing

bridge over the Ardyne Burn shall be completed to the satisfaction of the Planning Authority in consultation with the Roads Department. No construction works on the existing bridge shall take place until full details of the improvement works have been submitted to and approved in writing by the Planning Authority.

Reason: In the interests of road safety and to provide an acceptable level of access.

12. Within 6 months of the new fish processing facility becoming operational, a Route Action Plan (road safety audit) on the C10 and A815 shall be undertaken in conjunction with the Area Roads Engineer and submitted for the written approval of the Planning Authority in consultation with Roads. Any recommendations identified shall be fully implemented within 12 months of the agreed operational start date.

Reason: To ensure that the road safety of the existing public road network is not compromised by the proposed development.

13. Prior to work starting on site, full details of any road lighting to be used within the site shall be submitted to and approved in writing by the Planning Authority. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

14. Prior to any works of repair or improvement to the internal private access within the site, details of such works shall be submitted to and shall be approved in writing in advance by the Planning Authority. Reason: In order to secure an appropriate standard of construction in the interests of amenity and road safety.

15. Unless the prior written consent of the Planning Authority is obtained for variation, all lighting units within the site shall be operated, positioned and angled to prevent any glare or light spillage outwith the boundaries of the site, having regard to the Institute of Lighting Engineers Guidance.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

16. Prior to the commencement of any construction works, a detailed landscaping scheme shall be submitted to the Planning Authority for approval. The scheme shall include all landscaping including tree planting (including full details of trees to be removed, retained and replanted), shrub planting, hedges and soft/hard landscaping proposals for the site including details of the management and maintenance regime. The scheme shall specifically provide details of tree planting and screen planting of the bunded area overlooking the north basin (woodland compartment W9) and along the eastern escarpment (woodland compartment W8). The landscaping scheme, as may be approved, shall be fully implemented prior to the approved development being brought into first use, and thereafter shall be maintained for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

Reason: In the interest of visual amenity and to help integrate the proposal into its

surroundings.

17. Notwithstanding the requirements of condition 16 above, no construction works on the new access road from the C10 Glenstriven Road to the bridge over the Ardyne Burn shall commence until full details of hedge planting and fencing along either side of the road have been submitted to and approved in writing by the Planning Authority. The hedge shall be predominately Hawthorn, unless otherwise agreed in writing by the Planning Authority. Any losses of plant species to be included in the planting scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

Reason: To minimise visual impact of the new road and to integrate the new road within its rural surroundings.

18. No trees shall be felled within the woodland compartments until full details of tree felling, tree protection and replacement tree planting have been submitted to and approved in writing by the Planning Authority (see also advisory note 8 below), unless otherwise agreed in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details.

Reason: In order to safeguard existing tree cover and in terms of potential bat roosts.

19. Prior to the commencement of any construction works, samples of all external finishes and roof coverings shall be submitted for the written approval of the Planning Authority. The development shall be implemented in accordance with the duly approved details.

Reason: In the interest of visual amenity and to help integrate the proposal within its surroundings.

20. No construction works or tree felling works shall take place within the Ardyne Burn corridor until full details of sediment management measures and management of the Ardyne Burn habitat have been submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details.

Reason: To prevent silting up of the Ardyne Burn and to prevent flooding.

21. No roof mounted solar panels or other roof mounted photovoltaics shall be installed on any of the proposed new buildings until full details including number, dimensions and technical specification have been submitted to and approved in writing by the Planning Authority.

Reason: To allow the Planning Authority to consider this aspect in detail.

ADVISORY NOTES TO APPLICANT

3. This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period. [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

4. In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

5. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

6. Should the applicant / developer require information regarding the location of Scottish Water infrastructure they should contact Scottish Water Property Searches Department, Bullion House, Dundee, DD2 5BB, tel. 0845 601 8855. The applicant/developer is advised to contact Scottish Water directly concerning connection to public water supply and public wastewater systems - Planning and Development Services, The Bridge, Buchanan Gate Business Park, Cumbernauld Road, Stepps, Glasgow G33 6FB; Customer Connections, Planning and Development, Tel. 0141 414 7660 or at individualconnections@scottishwater.co.uk.

7. The Area Roads Manager has advised that Roads Construction Consent (RCC) for the new access road will require to be submitted and that a financial security Road Bond will require to be lodged before any construction works commence on site.

It is also advised that the potential improvements that a Route Action Plan on the C10 and A815 may identify and recommend could include additional warning signs, signs to assist with a reduction in speed i.e. flashing 30s and hazard marker posts and additional road markings i.e. solid white lines. These are some examples and not an exhaustive list. The content of the Route Action Plan should be discussed fully with Roads.

The applicant is advised to contact the Area Roads Engineer (Paul Farrell, tel. 01369 708613 directly upon these matters.

8. The applicant/developer is advised by Scottish Natural Heritage (SNH) that all bats and their roosts are legally protected in Scotland by the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) - "the Habitats Regulations" (for details of this protection, see Protected mammals - Bats and Regulations 39-41 and 44-46 of the Habitats Regulations). If bats are found to be roosting in any trees to be removed as part of this proposed development, under the Habitats Regulations the developer will need to apply to the Scottish Government for a licence to disturb/destroy bat roost(s) before works can commence. Any licence would need to be in place prior to any works affecting the roosts taking place. SNH can provide further advice as necessary.

9. The applicant is advised that parts of the application site are contaminated with Japanese Knotweed (Fallopia japonica) which will require appropriate treatment. The applicant/developer should be aware that under The Wildlife and Countryside Act 1981 Schedule 9 Section 14, it is an offence to ‘plant or otherwise cause Japanese Knotweed to grow in the wild’ and puts the management of this non-native invasive plant in the hands of the landowner. Furthermore, under the Environmental Protection Act 1990, Japanese Knotweed is classed as a ‘controlled waste’ according to The

Environmental Protection Act (Duty of Care) Regulations 1991. Soil containing rhizome material can be regarded as contaminated and, if taken off site must be disposed of safely at a suitably licensed landfill site.Under The Environmental Protection Act, a landowner can be held liable for the spread of Knotweed into adjacent properties and for the disposal of infested soil off site during development which later leads to the spread of Knotweed onto another site.

10. The attention of the applicant / developer is drawn to the comments made by SEPA in their response dated 5th October 2015 concerning flood risk, surface water drainage, foul drainage, flood risk caveats and regulatory requirements. For any further advice, the applicant / developer is advised to contact the local SEPA office at Lochgilpghead.

SEPA advise that any proposed discharge of surface water to the water environment must be in accordance with the principles of the SUDS Manual (C697) which was published by CIRIA in March 2007. The discharge of surface water must comply with the terms of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). Further information on this matter can be found on our website at http://www.sepa.org.uk/water/water_publications.aspx. However the design of the drainage system must be site specific and dependent upon the contaminants at the site, the remediation strategy and the risks posed by any residual contamination, in addition to the normal design considerations.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 15/01849/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

Ardyne Point is located within PDA 2/43 defined by the adopted LDP which is identified as being suitable for mixed uses, comprising tourism, business, leisure, housing, marine and aquaculture. It is also within AFA 2/3 within the LDP which is identified as being strategic and requiring development and environmental enhancement. The PDA and AFA have also been identified as a Strategic Masterplan Area. The PDA and AFA areas are bounded by the C10 Glenstriven Road to the north between Port Lamont and Knockdow and by the Ardyne Burn to the east. The PDA / AFA also include other land outwith the current application site and outwith the applicant’s control. A proposed new adopted access road is proposed and this lies outwith the PDA boundary within the countryside zone. An exceptional case has been made for this and it is considered that this can be justified in terms of the significant economic benefit that the fish processing facility is likely to yield. In accordance with Policy an Area Capacity Evaluation (ACE) has been carried out on this element of the proposal (see Appendix B).

Policy LDP STRAT 1 – Sustainable Development sets out sustainable development principles. It is considered that the proposed development would make efficient use of a prominent derelict brownfield site with a proposed use that would be compatible with the range of uses prescribed for PDA 2/43. The proposed initial phase of development would be consistent with the settlement strategy and visions for the successful long term development of PDA 2/43 and AFA 2/3. Policy LDP DM 1 establishes the acceptable scales of development in each of the zones with the boundaries of all the settlements and countryside zones mapped in the LDP’s Proposal Maps. It should be noted that where specific proposals such as Allocations, PDAs or Areas for Action are defined these would override the general stance towards development for a particular development management zone.

The proposal is for a ‘large scale’ aquaculture related industrial development which represents a major investment contributing to economic development and employment. Such a large scale development would not normally be permitted outwith main settlements, however, in this case, the site lies within PDA 2/43 as defined by the adopted LDP which specifically identifies the site for marine/ aquaculture related development. The current proposal is therefore consistent with the settlement strategy, subject to the prior approval of a Masterplan covering the whole of the PDA site, in order to demonstrate that the development is consistent with a longer term vision and does not prejudice the development potential of the remainder of the land.

SG policy SG LDP BUS 1 is supportive of new industrial enterprises within industry and business areas. Schedule B2 within the LDP lists PDAs designated for business and/or industry as preferred locations for business and industry. The proposal is compliant with this policy.

The proposed development, by its very nature, requires a coastal location. Policy LDP 4 – Supporting the Sustainable Development of our Coastal Zone is supportive of onshore development for sustainable development in our coastal zone and recognises the significant economic potential of the coast in terms of aquaculture development. Subject to all other site specific policies being complied with, the proposal would satisfy this policy.

The site also lies within an Area of Panoramic Quality where Policy LDP 3 requires particular consideration of the effect of development on the qualities of designated sites. For reasons reviewed below it is not considered that the development would compromise the scenic qualities of the wider APQ.

The proposal is consistent with the requirements of policies LDP STRAT 1, LDP DM 1 LDP 3 LDP 4 and LDP BUS 1 of the Argyll and Bute Local Development Plan.

B. Location, Nature and Design of Proposed Development

The wider Ardyne Point PDA site is located on the south eastern coast of the Cowal Peninsula and bounded by the Firth of Clyde to the east and south and by Loch Striven to the west. In a wider context, the PDA is bounded by Knockdow Estate PDA 2/44 to the north with the POL Lochstriven Depot to the north-west and Castle Toward Estate and Designed Landscape and PDA 2/42 to the east. The nearest settlement is Toward which lies some 4km to the south-east.

The PDA site was formerly an oil platform fabrication yard operated by Sir Robert McAlpine between 1974 and 1978. It is generally flat with part of the site having been artificially reclaimed from the sea and raised in height to provide a level platform for construction. The majority of the site is covered by concrete slab platforms connected with concrete surfaced roads. The eastern boundary of the site rises steeply and covered by a mix of trees and scrub. There are two further artificial sea basins in the south of the site. The site is subject to areas of dereliction and fly-tipping. A fish farm currently operates to the south of the North Basin and includes basic shore based support accommodation including feed stores, staff facilities, net building areas and a feed station. The salmon farm on the loch is accessed by boats which launch from a slipway to the southern edge of the North Basin.

The application site (in addition to land outwith the yard boundary) which now owned by Ardyne Estates (which totals approximately 138 acres / 56 hectares) comprises the northern basin and existing fish processing factory on the eastern shore of Loch Striven. The site includes a 200m coastal strip of land to the west of an existing wooded escarpment and includes the former staff accommodation area and existing water storage facility. The application site also includes a narrow strip of land running from the C10 Glenstriven Road across grazing fields to the existing road bridge over the Ardyne Burn. The site also includes land west of Ardyne Burn and south-west of the ruined Little Ardyne and north-west of the ruined Mid-Ardyne. The applicant owns land surrounding the application site which includes two large man-made basins and former oil-rig fabrication yard, existing shore access road, Ardyne Farm and associated fields to the east.

It is proposed to erect a new fish processing factory and associated facilities and infrastructure. The new development would provide a facility for the processing of fish, including gutting, cleaning, packaging and distribution and includes all ancillary amenity accommodation for management and staff. In addition to the primary processing facilities, an additional compound for water treatment and storage is proposed together with new accommodation for the existing fish farm operation. Site infrastructure works will also be required with regards to roads, areas of hardstanding and coastal protection.

The site analysis for the proposed fish processing facility undertaken by the applicant suggests the following key factors for its location within the larger site:

The location is adjacent to the northern basin where existing boat access is available for the current fish farming operations;

It creates a hub for complementary uses in this sector, supporting the economic objectives of Scotland’s National Marine Plan, with an emphasis on environmental; and sustainability best practice;

The existing roadway that runs through the site can be reused for access, minimising requirements for additional infrastructure and the proposed site is adjacent to the existing 33kv power supply;

Positioning the development to the north of the site makes it easier to establish the bio-security of the aquaculture zone which will not be affected by potential future development elsewhere;

It utilises the relative seclusion and extensive natural screening through the topography of the surrounding land and tree belts which enclose the site.

The application comprises the following components:

1. Demolition of existing feed store, office building and ancillary works;

2. New build fish processing facility including car parking, distribution/delivery yard, water storage and recycling plant and landscaping.

This comprises a factory building located to the south of the North Basin. Single flat roof building with lower office accommodation to front with full height factory building to rear. Factory building has mezzanine for box storage (102 x 65 x 9 metres) with rectangular footprint and gross external floor area of 6,800m2. Sited with long west elevation facing Loch Striven. Car parking for 57 vehicles to front (west) of building. A further 23 car parking spaces located on the south elevation. Main entrance to the factory from the south-west corner of the building with staff entrance at the north-west corner. Plant compound (30 x 12m to the rear). Proposed seeded grass landscaping to west and south of factory building. Storage compound located to the rear of the building. Bounded by a 2.4m high palisade fence.

Proposed materials are trapezoidal Kingspan Goosewing Grey KS1000RW cladding panels for the roof and a combination of Kingspan dark grey (RAL 7016) KS900MR horizontal cladding panels and natural/weathered Siberian Larch horizontal cladding panels and aluminium framed windows for the main west elevation (trapezoidal Kingspan Goosewing Grey KS1000RW cladding panels for all other elevations),

3. New water treatment facility with water storage tanks for distribution to site facilities.

This comprises a water treatment facility building (11 x 9 x 6m) and two water storage tanks (13 x 13 x 3m) located to the south-east of the new factory building. New primary sub-station compound (226m2) located adjacent to water treatment facility.

4. New build fish farm operational centre and storage facility, replacing existing facilities on site including car parking, delivery yard and landscaping.This comprises a single storey shallow pitched roof feed store office building (16 x 10 x 5 metres, 175m2) located north-east of new factory building adjacent to

slipway to North Basin. Proposed materials are trapezoidal Kingspan Goosewing Grey KS1000RW cladding panels for the roof and vertical Kingspan dark grey KS1000SS cladding for external walls (RAL 7016). Main entrance is on the east elevation which would have natural/weathered Siberian Larch horizontal cladding panels.

New single storey shallow pitched roof feed storage building (7 x 18 x 4, 125m2) located adjacent with 12 car parking spaces and footpath to office building. Proposed materials are trapezoidal Kingspan Goosewing Grey KS1000RW cladding panels for the roof and vertical Kingspan dark grey cladding for external walls (RAL 7016). New 2.4m high palisade fence between feed store and main factory building for bio-security. Access between sites security controlled by way of pedestrian turnstile and vehicular gates.

5. New berthing facilities in the form of pontoons for loading/unloading of fish and feed.

This comprises a well boat berthing facility with a new galvanised steel access bridge and floating deck pontoon with plastic floats and hardwood / fibre glass decking. Berthing facility has flow and return pipe from well boats to harvesting station within factory. North Basin will be improved with concrete ramp providing access from existing slipway to new pontoon structure. New pontoon to include galvanised steel balustrade to western edge. Armco barrier edge protection proposed along eastern side of basin.

6. New fresh water storage and pumping facilities remote from the main building. Water will be pumped from a new build pump house to a new build water treatment facility for distribution to site facilities.

The site for the new water storage facility comprises a field covering some 2.9ha. The site is located adjacent to the western banks of the Ardyne Burn. The water storage facility is proposed to accommodate 30,0000m3 with a base level of 3.3m AOD and standing water level of 6.5m AOD. It is proposed to abstract from the Ardyne Burn using side intake; pump into the water storage facility then pump to a water treatment works. A CAR licence from SEPA will be applied for.

The water storage facility would be a 3m deep excavated pond with no bunds and an access track along its eastern edge. The water storage facility will require an inlet from Ardyne Burn to an Intake Pump Control House with associated inlet headwall and buried Pumping Chamber and Settlement Chamber. The Pump Control House would be a ‘Rhein Log Cabin’ or similar (4 x 3 x 2.5 metres) with horizontal timber log walls and green shingle roof. A second relay pumping station would be located at the southern end of the water storage facility.

7. Remedial works to revetments and sheet pile walls as necessary.

The existing rubble revetment to be re-profiled using existing materials on site.

8. Slope profiling works around North Basin.

Top of slope to be locally strengthened at edge and reprofiled where eroded.

9. Solar PV installation on the roof of the fish processing facility and office block.

10. New and extended services and connections with associated plant/sub-station including a new 33kv power connection from the north.

11. Formation of a new vehicular access road and refurbishment of the existing bridge over the Ardyne Burn.

The main building proposed on this site is a large industrial building comprising a fish processing plant with ancillary offices. In terms of design a distinction has been made between the office and the industrial building. The office building which is located on the western edge would be smaller in scale and would be finished in a different palette of materials comprising a mix of dark contrasting cladding with glazing and natural timber in an effort to give the building variation and reduce the massing. The industrial element of the building would be taller and would be finished in a grey cladding.

These buildings would have low profile flat roofs and a simple shape. When viewed from across the water the building would be set against a green landscape backdrop of fields and trees. Consideration was given to the practicalities of colouring the entire building to match this backdrop, however, on this occasion this approach was not taken because for the most part due to the sun path the tree belt will appear almost black rather than green. In addition the woodland backdrop would constantly change shade and appearance depending on the season and even over the course of a day. This would mean that the building would never really blend into its surroundings.

For these reasons a neutral colour scheme was chosen recognising the size and scale of the building as an industrial facility. Being a neutral colour, the predominant use of Goosewing Grey would ensure the building will not stand out, although necessarily in view of its scale it will be recognisable at a distance as an industrial facility. In these circumstances it is considered that the design of the building is appropriate and will not seriously compromise its immediate surroundings in landscape or visual terms nor the scenic qualities of the wider Area of panoramic Quality. Other ancillary buildings on the site have also been designed to match the palette of materials intended for the main unit.

It is therefore considered that the proposal would accord with Policy LDP 9 –Development Setting, Layout and Design which seeks to achieve a high standard of appropriate sustainable design.

C. Flooding and Drainage

Policy LDP 10 inter alia requires that developments avoid areas subject to flood risk or erosion.

The location of the proposed water storage area lies within the indicative limits of flooding shown on the SEPA Flood Map 2014. The coastal sections of the red line boundary lie within the indicative 200 coastal outline shown on the SEPA map. A previously reported SEPA 1 in 200 year still water level for the Toward area is 3.71m AOD.

The factory FRA calculates a design flood level of 4.55m AOD with a finished ground level of 4.85m AOD and final floor level of 5.05m AOD is proposed. In order to allow for climate change scenarios, it is recommended that these design levels be increased to 4.95m AOD (ground levels) and 5.25m AOD (FFL). A suitable condition is therefore proposed.

The Water Storage facility FRA provides an estimate of 79m3/s for the 1 in 200 year flow in the Ardyne Burn after a 20% allowance for climate change. Flood risk to the storage site has been modelled the findings are acceptable. SEPA has no objection in terms of flood risk following the submission of Flood Risk Assessment Addendum to address initial concerns.

The Council’s Flood Risk Management Team have no objections subject to conditions and advisory notes. It is noted that two Flood Risk Assessments (FRA) have been submitted. The first is specific to the proposed factory building and the second to the water storage facility. The first FRA notes historical coastal flooding of the existing coastal access road and in the wider area, surface water flooding has previously been reported on the A815 and UC17.

Surface water drainage is proposed to drain into outfalls located at the edge of the site prior to discharge into Loch Striven via a series of swales and filter strips and porous asphalt in the car parks. Following the submission of additional supporting information, SEPA are satisfied with the principles of this arrangement.

On the basis of the above, it is considered that the proposed development would be consistent with policies LDP STRAT1, LDP10 (and SG LDP SERV 7) of the Argyll and Bute Local Development Plan in terms of flood risk, foul and surface water drainage.

D. Natural Environment

Policy LDP 3 seeks to protect the natural environment. The various natural environment issues pertinent to this application are considered below.

(i) Impact on Ardyne Burn

The Geomorphology Survey recommends that any sediment management requirements should include measures to move sediment at intervals suited to the rate of accumulation where the return of the sediment to the river would be within 10m downstream of the intake structure, be during periods of high flow conditions and at locations which will not create an accumulation of sediment likely to impede the free passage of fish. An appropriate safeguarding condition is recommended.

(ii) Impact on Fish

A Fish Population Survey found relatively low numbers of salmonid fish but high numbers of trout parr and trout fry. If the fish population is to be maintained, any future development in this area of the catchment needs to consider long-term management of the habitat. The survey recommends that a more stable and naturalised solution to protecting valuable agricultural land, constructing a water off-take structure and restoring fish habitat will be required to meet both development and conservation goals. An appropriate safeguarding condition is recommended.

(iii) Impact on Bats

Whilst the area for the proposed development has no implications for bat roosts or foraging, some of the deciduous trees surrounding the site have potential for roosts. It is recommended that prior to the felling of any mature deciduous trees within the wooded areas further surveys are undertaken in addition to the retention of mature trees within identified woodland block W6 (around the existing water tank) and W13-W15 (pocket woodland east of the bridge over the Ardyne Burn) in addition to trees

along the river bank to safeguard bat roosts and foraging habitat. An appropriate safeguarding condition is recommended.

(iv) Impact on Otters

Whilst the CEMP includes general mitigation measures in respect of any potential impact on otters, generic otter mitigation is recommended to protect otter using the site during the construction period. An appropriate safeguarding condition is recommended.

The submitted assessments on ecological impact have established that the proposed development will have a limited impact on the natural heritage of the surrounding area which can be mitigated by appropriate safeguarding conditions.

On the basis of the above, it is considered that the proposed development would be consistent with policies LDP STRAT1, LDP3 (and SG LDP ENV1 and LP ENV7) of the Argyll and Bute Local Development Plan in terms of impact on habitats, species, biological diversity and water quality and the environment.

E. Impact on Trees.

Policy LDP 3 states a presumption in favour of development which will protect, conserve or where possible enhance biodiversity, woodland and green networks.

The tree survey identifies 15 separate woodland compartments with recommendations for retention and replanting. The area around the yard site has been inhabited with self-seeding scrub growth of goat willow and birch which are effectively growing from concrete foundations, are of small and poor quality and not worthy of retention. The existing area to the north and east of the northern basin comprises conifer planting with self-seeding deciduous species to provide a mixed canopy however these areas have not been well managed and works will be required to replant and regenerate them as effective natural screening. An appropriate condition regarding woodland management and replanting is attached.

In these circumstances, the removal of poor quality or diseased trees is considered acceptable in terms of Policy LP LDP 3 subject to proposed compensatory tree and shrub planting that is the subject of a condition.

It is considered that compensatory tree and shrub planting and effective woodland management will help to integrate the development within its rural surroundings and the removal of poorer quality and diseased trees on the site would be acceptable and consistent with policies LDP STRAT1, LDP 3 (and SG LDP ENV6) of the Argyll and Bute Local Development Plan.

F. Archaeology

An archaeological desk-based assessment and walkover survey of the application site has been undertaken. The assessment indicates that there are seven cultural heritage sites within the application site boundary, although sites recorded prior to and within the area of the former oil rig construction yard cease to exist, and a further eighteen sites lie within the buffer zone surrounding the application site.

West of Scotland Archaeology Service (WoSAS) note that while there are no recorded sites of interest within the application site area, it lies within an area of archaeological sensitivity based on the presence of recorded sites and finds from various periods in the surrounding landscape. WoSAS consider that there is potential

for unrecorded remains on undisturbed ground within the application site. A suspensive condition is recommended to secure a programme of archaeological works.

It is considered that subject to a suspensive condition, the proposed development would be consistent with policies LDP STRAT1, LDP 3 (and SG LDP ENV20) of the Argyll and Bute Local Development Plan.

G. Built Environment – Listed Buildings and Designed Landscape

Policy LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment, seeks to protect, conserve and enhance the built, human and natural environment.

A desk-based assessment and walkover survey of the application site has been undertaken. The assessment indicates that there are nine cultural heritage sites within 1km of the proposed development area including Toward Castle, which is a Scheduled Monument, Castle Toward Inventory Garden and Designed Landscape and several category B listed buildings.

Historic Scotland consider that the proposed development does not raise issues of national significance and that the development would not have a significant impact on Castle Toward which is included in the Inventory of Gardens and Designed Landscapes.

Given the supporting information and screened location of the factory building relative to historic environment assets, it is considered that there would be no direct or indirect impact on these cultural heritage sites from the proposed development.

Accordingly, it is considered that the proposed development would be consistent with policies LDP STRAT1, LDP 3 (SG LDP ENV15 and SG LDP ENV16 (a) and SG LDP ENV19) of the Argyll and Bute Local Development Plan.

H. Road Network, Parking and Associated Transport Matters

The site is served by the A815 from Dunoon then the C10 Glenstriven Road which begins at the Toward Lighthouse junction. There is a bus turning area at Toward Sailing Club to the south-east of the application site with regular bus service to and from Dunoon.

The oil rig yard was served by a new private access constructed in 1974 which followed the coast from Toward Memorial Hall west into the site. This unsurfaced private access is still used to serve an existing fish farm operation linked to a fish farm in Loch Striven and access to the three basins within the former yard, but is in a poor state and prone to coastal erosion and flooding. The remainder of the site is derelict with remains of buildings and infrastructure from the previous yard uses. The coastal protection walls are in a dangerous state with coastal erosion evident.

The un-made access is located within the flood zone and suffers from severe erosion due to its coastal location. A new access road approximately 300m north of the existing access is proposed which will be formed with a junction onto the C10 Glenstriven Road in order to replace the existing access, which is considered to be unsuitable for the scale of development proposed. The existing route will be retained as a core path for pedestrians and non-motorised vehicles. The new access into the site lies outwith the PDA boundary in the adjacent ‘countryside’ zone and

development plan policy requires that it be be the subject of an Area Capacity Evaluation (ACE) which is appended to this report.

The new road will be designed to the Council’s standards for industrial roads which have been agreed as a 6m carriageway with a single 2m footway on the southern side and 2m verge on the opposite side. The new road will link with the existing bridge over the Ardyne Burn which will require to be improved, thereafter the existing internal access route will be utilised to serve the fish processing facility. Car parking provision for 80 standard spaces includes 5% provision for disabled spaces. Cycle parking will be provided at a rate of 1 space per 8 standard vehicle spaces resulting in 10 spaces. It is also intended to discuss the existing 489 bus service with the operator to determine if all timetables services can be extended to the Castle Toward bus stop. The Area Roads Engineer offers no objections subject to conditions and advisory notes. In support of the application, a traffic assessment has been submitted which suggest, “the proposed development will result in a limited increase in vehicle movements throughout the working day which can be accommodated by the existing road infrastructure”. Whilst the Area Roads Engineer does not disagree with this statement, it is recommended that a Route Action Plan (road safety audit) be undertaken in order to ensure that the road safety of the existing public road is not compromised. An appropriate condition is recommended. The Engineer also recommends conditions in respect of sightlines onto the C10 Glenstriven Road, design of the new road and any improvements to the existing bridge over the Ardyne Burn. In addition, a further condition is recommended which requires details of improvements required to the existing internal access within the site. Whilst this is generally fit for purpose, some remediation and improvement is likely to be required and it is appropriate that such details should be the subject of approval in advance.

On the basis of the above, the proposal is considered consistent with policies LDP STRAT1, LDP 11 (and SG LDP TRAN 1, SG LDP TRAN 2, SG LDP TRAN 3, SG LDP TRAN 4 and SG LDP TRAN6) of the Argyll and Bute Local Development Plan.

I. Landscape and Visual Impact

The supporting Landscape and Visual Impact Assessment (LVIA) considers that screening from a vegetated scarp slope immediately east of the proposals limits views form the rural landscape including Castle Toward estate east of the site. There would be widespread theoretical visibility of the proposed development from the east coast of Bute and from Strone point to the north.

Given the brownfield semi-industrialised character of the development site and restricted local visibility, no significant effects on landscape character are predicted either in the vicinity of the site or from wider receptors where the scale and low form of development would be largely absorbed by the surrounding larger scale landscape.

Few significant adverse visual impacts are predicted to arise from the proposals. From the landscape around Ardyne, there would be limited local significant visual effects to small numbers of nearby residential receptors during the construction and operational phase, but most receptors on the Ardyne / Toward peninsula would be screened from views to the main processing facility.

While there would be little screening to views from Strone Point, Kames Bay and Port Bannatyne (all at approximately 3km from the site), the processing factory building

and other buildings would be consistently backclothed by the vegetated scarp slope. Lower level planting would be effective in screening smaller elements including cars parked between buildings and the coast.

Whilst the proposed factory building would be well screened from the north-east, east and south-east, the key visual receptor would be the existing residential properties at Port Lamont some 0.7km to the north. An existing bund with screening at the north basin provides partial screening of the new factory building. It is important however that this bund with a mix of tree species is retained and enhanced as effective short and long-term screening of the site from the north, as would the planted eastern escarpment to protect eastern views. This matter is addressed by a planning condition.

The site is located within an Area of Panoramic Quality which derives from the scenic qualities of the larger scale landscape and the interrelationship between narrow sea channels, sea lochs and surrounding steep sided hills. The impact of the proposals on these larger scale qualities would be palpable in such longer distance views that are attainable, but not such as to undermine the underlying purpose and integrity of the designation.

There would be very limited theoretical visibility of the main processing building from the Castle Toward Garden Designed Landscape (GDL) which is screened by trees and only the new access road would be visible. There would be no views to the main facility from Castle Toward itself and any effects on the GDL would not be significant.

The distance of the proposals from the Kyles of Bute National Scenic Area (approximately 5km to the west of the site) would result in only slight indirect effects from views from limited parts, which would have no significant effect on its character.

On the basis of the above, the proposal is considered consistent with policies LDP STRAT1, LDP 3, LDP4, LDP9 (and SG LDP ENV12, SG LDP ENV 13 and SG LDP ENV 15) of the Argyll and Bute Local Development Plan.

J. Infrastructure

Policy LDP 11 – ‘Improving our Connectivity and Infrastructure’ seeks to make best use of our existing infrastructure by ensuring that: the location and design of new infrastructure is appropriate; and standards for drainage, sewage, waste water and water supply are applied.

Water Supply

It is proposed to connect to an upgraded Scottish Water network 225mm water main on the A815 and entering the development via the new southern access road. The new 125mm main will also serve all site-wide fire hydrants. This proposal is subject to an agreement with Scottish Water and a Water Impact Assessment is currently being concluded with them.

Foul Drainage

The foul drainage for the factory is split into two streams. One related to the effluent from the processing part of the plan and the other from the domestic streams of the facility. SEPA are satisfied with the principle of treatment being provided by a waste treatment facility for both streams with discharge to a sea outfall and understand that the treated waste effluent will be part of the PPC permit process.

Electricity Supply

The overall development will be supplied from new SSE high voltage infrastructure. The primary connection will comprise two 33kv points of connection from the SSE network terminating at the proposed primary substation located adjacent to the water treatment facility at the southern end of the development site.

Gas

Mains gas infrastructure will not be provided to the initial development site.

On the basis of the above, the proposal is considered consistent with policies LDP 11 (and SG LDP SERV6) of the Argyll and Bute Local Development Plan.

K. Economic Considerations

The development represents a major investment by the aquaculture sector in the local economy in Cowal. The proposal would be expected provide economic benefits both during the construction and operational phases of the development. It is estimated that during the construction phase 131 full-time equivalent (FTE) would be created along with a further 223 FTE jobs in the supply chain. During the lifetime of the proposed development it is noted that the development has the capacity to support 155 direct FTE jobs and additional 178 FTE jobs within the supply chain, related businesses and onward expenditure within Argyll and Bute and wider Scottish economy. There is expected to be an annual net additional £24.1 million GVA contribution to the Scottish economy each year through the lifetime of the development.

The proposed aquaculture use is supported by both SPP and the LDP. SPP encourages the planning system to play a supporting role in the sustainable growth of the finfish sector to ensure the diversity, competitiveness and economic viability of the aquaculture industry, while the LDP identifies aquaculture as an ‘area of strength’ in Bute and Cowal.

The proposal accords with Policy LDP 5 which seeks to support the development of new industry and business which helps to deliver sustainable economic growth throughout out area.

L. Scottish Government Advice

Aquaculture is highlighted by NPF3 as an important feature of the economy across parts of coastal Scotland, providing significantly to employment opportunities and Scottish exports. The Scottish Government’s intentions for the future of the aquaculture sector are clear with NPF 3 stating that, “the industry has identified ambitious growth targets which we want to see realised”.

Economic impact is a material planning consideration and in this regard Scottish Planning Policy (SPP) (June 2014) states that “the planning system should promote business and industrial development that increases economic activity while safeguarding and enhancing the natural and built environments as national assets.”

SPP directs the planning system to support places that are economically. environmentally and socially sustainable by facilitating development that balances the

costs and benefits of a proposal over the longer term. SPP introduces a presumption in favour of sustainable development and specifies decisions should be guided by principles which favour good design, making efficient use of existing capabilities of land and giving due weight to economic benefit.

With regard to placemaking, SPP stipulates that planning should direct the right development to the right place. Integral to this concept is the re-use and re-development of brownfield land before development takes place on greenfield sites.

SPP sets out principles that the planning system should in all rural and island areas promote a pattern of development that is appropriate to the character and of the particular area and the challenges it faces. Rural developments are also encouraged that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality.

SPP seeks to ensure that the planning system facilitates sustainable aquaculture, while simultaneously protecting and maintaining the ecosystem. Accordingly, the planning system is to play a supporting role in the sustainable growth of the finfish sector to ensure the diversity, competitiveness and economic viability of the aquaculture industry. Furthermore, development is to be guided to coastal locations that best suit industry needs with due regard to the marine environment.

It is considered that the proposal is consistent with the elements of NPF3 and SPP in that it will support the sustainable growth of an aquaculture business proposal which will create new employment opportunities whilst developing part of an existing prominent brownfield site.