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Argyll and Bute Council · 24 May 2023
Back to Planning, Protective Services and Licensing Committee — 24 May 2023 and its agenda

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Page 1

Argyll and Bute Council 
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD 
17 May 2023 
NOTICE OF MEETING 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be
held BY MICROSOFT TEAMS on WEDNESDAY, 24 MAY 2023 at 10:30 AM, which you are
requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. MINUTES 
(a) Planning, Protective Services and Licensing Committee held on 19 April
2023 at 10.30 am (Pages 3 - 8)  
(b) Planning, Protective Services and Licensing Committee held on 19 April
2023 at 2.00 pm (Pages 9 - 12) 
4. MOWI SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC SALMON)
INCORPORATING TWELVE 120M CIRCUMFERENCE CIRCULAR CAGES AND
SITING OF FEED BARGE: NORTH KILBRANNAN FISH FARM, NORTH OF COUR
BAY, KILBRANNAN SOUND, EAST KINTYRE (REF: 20/01345/MFF) (Pages 13 -
80)  
Report by Head of Development and Economic Growth 
5. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC: ERECTION OF HIGH
VOLTAGE ELECTRICITY SUBSTATION AND FORMATION OF ASSOCIATED
ACCESS, LANDSCAPING, DRAINAGE AND MEANS OF ENCLOSURE:
APPROXIMATELY 4KM SOUTH WEST OF INVERARAY, 300M WEST OF
DOUGLAS WATER AND UPSLOPE OF THE EXISTING AN SUIDHE
SUBSTATION, INVERARAY (REF: 22/02479/PP) (Pages 81 - 112)  
Report by Head of Development and Economic Growth 
Public Document Pack

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6. CALA MANAGEMENT LIMITED: VARIATION OF CONDITION 2 RELATIVE TO
PLANNING PERMISSION IN PRINCIPLE REFERENCE 18/01444/PP (PP-130-
2071) - AMENDMENT TO WORDING OF CONDITION 2 IN RELATION TO
FINISHED FLOOR LEVELS: LAND NORTH OF CARDROSS PRIMARY SCHOOL,
BARRS ROAD, CARDROSS (REF: 23/00145/PP) (Pages 113 - 136)  
Report by Head of Development and Economic Growth 
7. BRIEFING PAPER: SCOTTISH GOVERNMENT PROPOSALS REGARDING NEW
NATIONAL PARKS (Pages 137 - 144)  
Report by Executive Director with responsibility for Development and Economic
Growth 
Planning, Protective Services and Licensing Committee 
Councillor John Armour Councillor Gordon Blair
Councillor Jan Brown Councillor Audrey Forrest
Councillor Kieron Green (Chair) Councillor Amanda Hampsey (Vice-Chair)
Councillor Daniel Hampsey Councillor Graham Hardie
Councillor Fiona Howard Councillor Mark Irvine
Councillor Andrew Kain Councillor Paul Donald Kennedy
Councillor Liz McCabe Councillor Luna Martin
Councillor Peter Wallace   
Contact: Fiona McCallum                  Tel. No. 01546 604392

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE
held BY MICROSOFT TEAMS on WEDNESDAY, 19 APRIL 2023 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Amanda Hampsey
Councillor Daniel Hampsey
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Willie Hume
Councillor Andrew Kain
Councillor Paul Donald Kennedy
Councillor Liz McCabe
Councillor Luna Martin
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Peter Bain, Development Manager
Alan Morrison, Regulatory Services and Building Standards Manager
Fiona Macdonald, Solicitor
Sandra Davies, Major Applications Team Leader
Arlene Knox, Senior Planning Officer 
1. APOLOGIES FOR ABSENCE 
An apology for absence was received from Councillor Mark Irvine. 
2. DECLARATIONS OF INTEREST 
Councillor Paul Kennedy declared a financial interest in Agenda item 4 (Civic Government
(Scotland) Act 1982: Taxi Fare Scale Review) as he held a Taxi Operator Licence and a
Taxi Driver Licence within Argyll and Bute.  He left the room and took no part in the
consideration of this report which is dealt with at item 4 of the Minute. 
3. MINUTES 
a) The Minute of the Planning, Protective Services and Licensing Committee held on 22
March 2023 at 11.30 am was approved as a correct record. 
b) The Minute of the Planning, Protective Services and Licensing Committee held on 22
March 2023 at 2.00 pm was approved as a correct record. 
c) The Minute of the Planning, Protective Services and Licensing Committee held on 22
March 2023 at 2.30 pm was approved as a correct record. 
d) The Minute of the Planning, Protective Services and Licensing Committee held on 22
March 2023 at 3.00 pm was approved as a correct record. 
Having previously declared an interest in the following item, Councillor Paul Kennedy left
the meeting at this point. 
Page 3 Agenda Item 3a

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4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE REVIEW 
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the local authority
requires to fix maximum fares and other charges in connection with the hire of taxis
operating in their area.  The fares were last reviewed by Members on 23 March 2022 and
took effect on 22 April 2022.  The next fares scale will need to come into force in October
2023. 
Consideration was given to a report seeking approval of the commencement of the next
review of taxi fares and other charges. 
Decision 
The Committee agreed:- 
1) to commence the review of fares in order that this could be completed within the 18
months required in terms of the Act; and 
2) that the consultation required in terms of the Act would be writing. 
(Reference: Report by Executive Director with responsibility for Legal and Regulatory
Support dated 19 April 2023, submitted) 
Councillor Kennedy returned to the meeting. 
5. THE SCOTTISH GOVERNMENT ON BEHALF OF SCOTTISH POWER
RENEWABLES (UK) LIMITED: ELECTRICITY ACT SECTION 36
CONSULTATION FOR EARRAGHAIL RENEWABLE ENERGY DEVELOPMENT,
COMPRISING THIRTEEN ONSHORE WIND TURBINES AROUND 78MW,
SOLAR PHOTOVOLTAIC ARRAY AROUND 5MW AND BATTERY STORAGE
TECHNOLOGIES (BESS) AROUND 25 MW: LAND SOUTH OF TARBERT AND
NORTH OF SKIPNESS (REF: 22/00445/S36/ECU00003421) 
The Major Applications Team Leader spoke to the terms of the report and also advised of
recent correspondence submitted to the Energy Consents Unit, including objections from
Arran Community Council, the Kintyre Way and ScotWays, and the final sign off from
Ironside Farrar, the Energy Consents Unit adviser on Peat matters.  These will be
considered by the Energy Consents Unit in their consideration of the application and do
not alter Officers’ recommendation on this proposal as detailed in the report of handling. 
In Scotland, any application to construct or operate an onshore power generating station
with an installed capacity of over 50 megawatts (MW) requires the consent of Scottish
Ministers under Section 36 of the Electricity Act 1989.  Any ministerial authorisation given
would include a ‘deemed planning permission’ and in these circumstances there is then no
requirement for a planning application to be made to the Council as Planning Authority. 
The Council’s role in this process is one of a consultee along with various other
consultation bodies.  It is open to the Council to either support or object to the proposal,
and to recommend conditions it would wish to see imposed in the event that authorisation
is given by the Scottish Government.  In the event of an objection being raised by the
Council, the Scottish Ministers are obliged to convene a Public Local Inquiry if they are
minded to approve the proposal. 
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The proposed development site lies within the Upland Forest Moor Mosaic Landscape
Character Type identified in the Argyll & Bute Landscape Wind Energy Capacity Study,
and is located within the forestry areas of Skipness and Corranbuie between Tarbert, to
the north east, and Skipness, to the south, situated within the northern part of the Kintyre
Peninsula.  In terms of the Local Development Plan proposals map, the proposal is
predominantly located within ‘Very Sensitive Countryside’. 
This report reviews the policy considerations which are applicable to this proposal and the
planning merits of the development, the views of bodies consulted by the Scottish
Government along with other consultations undertaken by the Council, and third party
opinion expressed to the Scottish Government. 
It was recommended that the Council raise an objection to this Section 36 consultation on
Landscape & Visual and Aviation Grounds for the reasons detailed in the report of
handling. 
Decision 
The Committee agreed, on behalf of the Council, as Planning Authority, to object to this
proposal for the following reasons and that the Scottish Government be notified
accordingly:- 
1. Landscape & Visual Impact (including cumulative) 
The proposed development site lies within the Upland Forest Moor Mosaic Landscape
Character Type (LCT) identified in the Argyll & Bute Landscape Wind Energy Capacity
Study.  This landscape has some characteristics which reduce sensitivity to large scale
wind energy development including a generally simple landform and land cover and an
expansive scale.  These uplands already accommodate a number of operational and
consented wind farms.  One of the more sensitive features of this LCT is the rugged
and minimally modified coastline between Skipness and Tarbert. 
There would be relatively limited visual intrusion associated with the proposal from the
West Loch Tarbert area, Gigha and the eastern and western coastal edges of Kintyre. 
The proposal would however be widely visible across the broad sea basin formed by
outer Loch Fyne, the Sound of Bute and the north Kilbrannan Sound and from the
western part of the Ardlamont Peninsula and the north Arran coast and hills. 
This proposal would have significant adverse effects on part of the Upland Forest Moor
Mosaic LCT affecting the development site and an area approximately 3km beyond
outer turbines.  The proposal would also have significant adverse indirect effects on
the character of part of the Rocky Mosaic LCT over the western part of the Ardlamont
Peninsula.  An area of seascape (comprising the broad sea basin of outer Loch Fyne,
the northern part of the Kilbrannan Sound and the western Sound of Bute and
associated coastal fringes) would also be significantly and adversely affected by the
proposal. 
The proposal is not located in a designated or otherwise formally valued landscape but
it would indirectly and significantly affect some of the qualities of the Area of
Panoramic Quality (APQ) covering the western part of the Ardlamont Peninsula. 
In terms of visual impact, this proposal would principally significantly affect views from
the western coast and open hills of the Ardlamont Peninsula including from parts of the
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Portavadie Marina resort.  It would have significant adverse effects from the sea
including from the Tarbert/Claonaig to Lochranza and Portavadie to Tarbert ferries,
which are routes popular with tourists, and from a section of the Kintyre Way. 
This proposal could be one of the first wind farms to introduce lighting to the dark skies
of Argyll & Bute with all 13 turbines having visible aviation lighting on nacelles and
towers.  The Applicant has committed to installing an Aircraft Detection Lighting
System (ADLS).  Such a system would substantially reduce the duration of night-time
lighting as lights would only come on when an aircraft approaches.  The effects of
constant night-time lighting (without the installation of an ADLS) would be significant
and adverse from parts of Argyll & Bute and north Arran but would not be significant if
an ADLS was installed. 
All wind farm proposals are likely to incur significant landscape and visual effects and it
is therefore important to gauge the range, extent and severity of effects in making
judgements on acceptability in landscape and visual terms.  Having evaluated the
likely landscape and visual effects of this proposal, and additionally compared these
with operational, consented and application-stage wind farms, Argyll & Bute Council
object on landscape and visual grounds.  This is principally because this proposal
would introduce new visibility of prominent wind farm development into the Ardlamont
Peninsula, affecting its character (including part of the APQ covering this area) and
views from coastal walks, Kilbride Beach, the B8000 and from the Portavadie Marina
resort.  This area is promoted as Argyll’s ‘Secret Coast’ and is valued for its scenic
qualities as evidenced by the APQ designation.  The significant adverse effects that
would affect the character of a broad seascape area (encompassing outer Loch
Fyne/the western Sound of Bute and northern part of the Kilbrannan Sound) and also
effects on views from the ferries across Loch Fyne and to Arran, which are popular
with visitors, are of equal concern. 
Having due regard to the above it is concluded that the proposal will have
significant adverse landscape and visual impacts and is therefore inconsistent
with the provisions of: Policy 11 – Energy and Policy 4 – Natural Places of
National Planning Framework 4, Policies LDP 6 – Supporting the Sustainable
Growth of Renewables; LDP 3 – Supporting the Protection, Conservation and
Enhancement of our Environment; LDP STRAT 1 – Sustainable Development;
LDP DM1 – Development within the Development Management Zones; and SG
LDP ENV 14 – Landscape; SG 2 Renewable Energy of the Argyll & Bute Local
Development Plan; and guidance contained in the Argyll & Bute Landscape
Wind Energy Capacity Study 2017. 
2. Aviation 
National Air Traffic Services Safeguarding (NATS) have advised that an unacceptable
technical impact is anticipated and they object.  Glasgow Prestwick Airport advise that
the development raises aviation safety concerns which have an operational impact on
the airport as an air navigation services provider.  Until all technical and operational
aviation safety matters are addressed to the satisfaction of Glasgow Prestwick Airport,
and a mitigation agreement is put in place for the life of the wind farm, the airport also
objects to the proposal. 
National Development Plan Policy 11 – Energy requires aviation matters to be
addressed, and Local Development Plan Policy is clear that developments that have
an adverse impact on the Safeguarding of Airports should be refused.  
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Having due regard to the above it is concluded that due to the fact that National
Air Traffic Services Safeguarding (NATS) and Glasgow Prestwick Airport have
advised the Energy Consents Unit that they object to the proposal, it will have an
adverse impact on aviation and is therefore inconsistent with the provisions of:
Policy 11 – Energy of National Planning Framework 4, Policy LDP 6 – Supporting
the Sustainable Growth of Renewables, Policy SG TRAN 7 – Safeguarding of
Airports, and Supplementary Guidance 2 – Renewable Energy of the Argyll &
Bute Local Development Plan. 
Argyll & Bute Council therefore object to the proposal due to the adverse impact
it would have on Aviation.  The Energy Consents Unit should please note that in
the event that National Air Traffic Services (NATS) and Glasgow Prestwick
Airport withdraw their objections, then Argyll & Bute Council would no longer
object on these grounds.  Should these objections not be removed and the
proposal progresses to an Inquiry, Argyll & Bute Council would defer to National
Air Traffic Services and Glasgow Prestwick Airport as the Technical Experts on
this matter. 
Notes for the Energy Consents Unit 
Battery Storage – Whilst, the provision of battery storage meets the requirements of
policy, Officers are concerned that no consideration has been given to the Landscape
& Visual Impact of this battery storage facility. This is would comprise large shipping
containers located in a rural landscape. Before a decision is reached on this proposal
by the ECU it is the view of Argyll & Bute Council that any impacts of this needs to be
considered/clarified 
Noise – Argyll & Bute Council would be grateful to receive clarification from the
Applicant in respect to the points raised by the Noise Consultant on residential
receptors (derelict properties). 
Historic Environment - Whilst it is acknowledged that Historic Environment Scotland
have not objected to this proposal, it has not been possible for Argyll & Bute Council to
reach a conclusion on the proposals acceptability in this regard in the absence of
advice from the West of Scotland Archaeology Service. 
(Reference: Report by Head of Development and Economic Growth dated 6 April 2023,
submitted) 
6. JOINT PUBLIC HEALTH PROTECTION PLAN 2023-2025 
Local authorities have a significant role to play in public health and health protection.  The
Public Health etc. (Scotland) Act 2008 places a requirement on NHS Boards to prepare, in
conjunction with local authorities, a Joint Public Health Protection Plan every 2 years.  The
plan requires to be formerly adopted by each agency, and must outline the health
protection priorities for the forthcoming period of the plan. 
A report inviting Members to endorse the Joint Public Health Protection Plan which
outlined the health protection priorities for the period 1 April 2023 to 31 March 2025 was
considered. 
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Decision 
The Committee agreed: 
1. to approve the Joint Public Health Protection Plan for 2023-25, recognising the key
role of local authorities and environmental health; 
2. to formally reaffirm the appointment of the Regulatory Services and Building Standards
Manager, as the Council’s Designated Competent Person under the Public Health etc.
(Scotland) Act 2008, and the appointments of Depute Designated Competent Persons
as detailed in section 4.8 of the report and 4.2. of the Joint Public Health Protection
Plan; and 
3. that the Regulatory Services and Building Standards Manager signs the Joint Public
Health Protection Plan on behalf the Council, and takes the necessary steps to deliver
the plan including the appointment of appropriate competent authorised officers, and
provides a progress report to Committee in May 2024. 
(Reference: Report by Executive Director with responsibility for Regulatory Services dated
19 April 2023 and NHS Highland Joint Public Health Protection Plan 2023-2025,
submitted) 
7. PRIVATE HIRE CARS AND TAXIS LICENSED IN ARGYLL & BUTE 
A report providing an update on the number of private hire cars and taxis across the
licensing authority’s area was before the Committee for information. 
Decision 
The Committee noted the contents of the report. 
(Reference: Report by Executive Director with responsibility for Legal and Regulatory
Support dated 27 March 2023, submitted) 
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE
held BY MICROSOFT TEAMS on WEDNESDAY, 19 APRIL 2023 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Willie Hume
Councillor Andrew Kain
Councillor Liz McCabe
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Susan Mair, Legal Services Manager
Nigel Judson, Applicant
Mrs Judson, Applicant’s wife
Sergeant Ben Rudsen, Police Scotland 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey,
Daniel Hampsey, Mark Irvine, Paul Kennedy and Luna Martin. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland)
Act 1973 to exclude the press and public for the following item of business on the grounds
that it was likely to involve the disclosure of exempt information as defined in Paragraph 3
of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF
A STREET TRADER LICENCE (N JUDSON, SALEN, AROS, ISLE OF MULL) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant requested that he be permitted to
attend the meeting from the Council Chamber.  This was agreed to and he was joined by
Officers to facilitate his attendance to address the Committee by video call. 
Police Scotland opted to proceed by way of audio call and Sergeant Ben Rusden joined
the meeting by telephone. 
At the Civic Hearing held on 22 March 2023 it was agreed to continue consideration of this
Application to the next meeting in April 2023 and to request the Applicant submit a report
from his health care provider to the Legal Team for consideration at this meeting. 
It was noted that only those Members who participated in the hearing on 22 March 2023
could participate in the continuation of the hearing today.  On that basis, Councillor Willie
Hume left the meeting at this point. 
Page 9 Agenda Item 3b

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The Chair invited the Applicant to speak to the report provided by his health care provider. 
The Chair then invited Police Scotland to comment. 
As it was established that there were no questions from Members’, the Chair invited the
Applicant and Police Scotland to sum up and they both confirmed that they had received a
fair hearing. 
The Chair then invited Members to continue to debate the application and consider the
report received from the Applicant’s health care provider. 
Motion 
To agree not to grant a Street Trader’s Licence to Mr Judson on the grounds that he was
not a fit and proper person to be the holder of the Licence. 
Moved by Councillor Peter Wallace, seconded by Councillor Liz McCabe. 
Amendment 
To agree to grant a Street Trader’s Licence to Mr Judson subject to the following
conditions: 
1. The licence will be granted for an initial period of 6 months and if there are no issues
during that time the licence will continue for the remaining time up to 3 years; 
2. That a progress report be brought back to PPSL Committee in October 2023 to advise
on how the licence has run; 
3. That Mr Judson submit an update report from his health care provider for consideration
by the PPSL Committee at the meeting in October 2023; and 
4. With the agreement of Mr Judson, that the Council’s Legal Services Manager write to
Mr Judson’s health care provider to advise of the outcome of this hearing and the
Committee’s wish that Mr Judson continue to receive support from the Mental Health
Team. 
Moved by Councillor Graham Hardie, seconded by Councillor Fiona Howard. 
A vote was taken by calling the role. 
Motion   Amendment   No Vote 
Councillor L McCabe Councillor J Armour  Councillor A Kain
Councillor P Wallace Councillor J Brown  
Councillor K Green
Councillor G Hardie
Councillor F Howard 
The Amendment was carried by 5 votes, with 2 votes for the Motion and 1 no vote, and
the Committee resolved accordingly. 
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DECISION 
The Committee agreed to grant a Street Trader’s Licence to Mr Judson subject to the
following conditions: 
1. The licence will be granted for an initial period of 6 months and if there are no issues
during that time the licence will continue for the remaining time up to 3 years; 
2. That a progress report be brought back to PPSL Committee in October 2023 to advise
on how the licence has run; 
3. That Mr Judson submit an update report from his Health Care Provider for
consideration by the PPSL Committee at this meeting in October 2023; and 
4. With the agreement of Mr Judson, that the Council’s Legal Services Manager write to
Mr Judson’s Health Care Provider to advise of the outcome of this hearing and the
Committee’s wish that Mr Judson continue to receive support from the Mental Health
Team. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 20/01345/MFF
Planning Hierarchy: Local Application
Applicant: Mowi Scotland Ltd
Proposal: Formation of fish farm (Atlantic Salmon) incorporating twelve
120m circumference circular cages and siting of feed barge
Site Address:  North Kilbrannan Fish Farm North of Cour Bay Kilbrannan
Sound East Kintyre 
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission 
 Formation of fish farm (Atlantic Salmon) incorporating twelve 120m
circumference circular cages 
Siting of feed barge 
(ii) Other specified operations
 Maximum biomass 2475.54t 
(B) RECOMMENDATION: 
It is recommended that planning permission be approved subject to a pre-
determination hearing and conditions. 
(C) CONSULTATIONS:   
SEPA (dated 1/1/20, 15/4/21):  No objections. 
Page 13 Agenda Item 4

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
We have received and processed an application for this proposal under The Water
Environment (Controlled Activities)(Scotland) Regulations 2011 (as amended)
(CAR).  The licence (CARL/1161821) has been issued. 
SEPA consultation (dated 10/12/21) in response to the submission third party
modelling and concerns over azamethiphos use and EQS exceedances.
Whilst the most recent report still implies that the Azamethiphos on the licence will
not comply, SEPA believe that this is still unlikely, for the following reasons:
 There is evidence in the scientific literature that the “tracer”
method used by MTSCFD can be less accurate that the more
often used “particle tracking” approach.  The tracer method can
lead to larger areas shown to be above EQS. This is an issue
with the method, not the turbulence model used. SEPA has
compared both approaches in our model and found the tracer to
give larger area predictions but similar peaks to the “particle
tracking” method.
 The turbulence model used by MTS-CFD is likely to result in low
levels of dispersion, by default. Normally, this would be checked
against a dye/drogue release.  Kilbrannan sound is dynamic and
dispersion in this area is likely to be greater than a default
turbulence model suggests.
 SEPA believe there may be other issues with the approach
which would be revealed if their model was compared against
suitable drogue/dye data or if we had access to the modelling
files. 
 All modelling used to derive a consent is conservative. Real
world dispersion is often found to be greater due to the influence
of meteorological and oceanographic processes which cannot be
easily included in models. MTS-CFD modelling has be
undertaken during a two-week period of zero wind or a two-week
period of easterly winds. These conditions are not likely to occur
often. 
Marine Scotland Science (18/9/20, 15/2/21, 17/3/21,14/5/21 and 11/4/23): It is
noted that a CAR licence already granted by SEPA covers the proposed cage size
and arrangement and the proposed biomass.
The proposed site sits outwith any Location Guidelines categorised water body.  The
applicant’s submitted assessment shows that there will be no significant nutrient
impacts either at the site level or cumulatively in the area as a result of this site.
It should be noted that there are several other marine fish farm sites proposed in the
vicinity which may impact the disease management areas.  The site proposed by the
Scottish Salmon Company on the north coast of Arran which currently pending
approval of planning permission would not directly influence the proposed site if it
was the only other additional active site.  However several other proposed sites which
are at the screening and scoping stage of the planning process could further impact
disease management areas in the vicinity if they were developed with the potential
for significant changes to the disease management areas in the south west. 
The location of the site lies outwith current farm management areas (FMAs) but is
expected to be included within the nearest FMA M-47 which includes the applicant’s
existing Eilean Grianain site (Carradale North and South).  The applicant has stated
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
that these sites will be operated synchronously, being stocked at the same time with
the same year class of fish and observing a synchronous fallow period. 
Wild Fisheries
There is one other aquaculture site within 15km, as such, cumulative factors may
come in to play.  Kintyre and the Isle of Arran are known to have fisheries for salmon
and trout.  The development has the potential to cause risks to wild salmonids. 
Environmental Management Plan
The supplied EMP meets the criteria required by Marine Scotland.  It should be noted
that no in feed treatments are licenced for use on the site. 
MSS Comments (15/2/21)
The applicant has provided further details of the treatment of cleaner fish and the
escapes contingency plan has been updated. 
The applicant has submitted details of environmental site surveys undertaken at the
site by Aquastructures in accordance with A Technical Standard for Scottish Finfish
Aquaculture.  Environmental parameters wind, wave and current have been
assessed on 10 and 50 year storm periods.  A detailed mooring line analysis has
been conducted for the sub-surface grid and pen floating collars and the feed barge
to specify the standard of equipment required for the predicted forces.  Given that
the equipment used for pen moorings match or exceeds the specification and is
installed and maintained appropriately, the information provided is deemed
satisfactory. 
The applicant has detailed a series of remedial and improvement actions being
implemented following the detailed root cause analysis on the containment breach
at Carradale. 
MSS Response (17/3/21)
Consultation response confirming acceptance of further information on revised
procedures following escape. 
MSS Response (14/5/21)
Comments in relation to third party sea lice hydrodynamic model submitted. 
MSS Updated comment (11/4/23): 
Aquaculture Animal Health 
Disease Management Area
There are no further new developments proposed in nearby production areas.  The
new sites previously proposed in the surrounding areas have not been developed
(see appended map).  There have been no subsequent planning applications
received for the sites proposed by Dawnfresh Fish Farming following the 2019
screening and scoping applications; and The Scottish Salmon Company site on the
North coast of Arran was refused planning permission.  Therefore, the extension of
the existing E Kintyre 19c disease management area (DMA) northwards to
encompass this proposed site will not currently be impacted by any other site
developments. 
Sea Lice History
In the most recent production cycle, numbers of the adult female sea louse
Lepeophtherius salmonis at the applicant’s nearby Eilean Grianain site have
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remained below MS reporting levels to date since stocking in October 2021.  Towards
the end of the production cycle sea lice levels have risen above the CoGP suggested
criteria intermittently. 
Other comments previously provided on sea lice management measures proposed
by the applicant for this application are still deemed relevant and satisfactory and
there are no change to these. 
Environmental Health (24/9/20):  Water supply condition relating to feed barge
recommended. 
Royal Yachting Association (dated 17/2/20):  No objections. 
NatureScot (14/10/20 and 25/2/21): The proposal raises natural heritage issues of
national interest we therefore object to this proposal until further information is
obtained in relation to the Endrick Water SAC.
The proposal could affect the internationally important Ailsa Craig SPA and NS object
to the proposal unless it is made subject to conditions so that works are done strictly
in accordance with specified mitigation.
The proposal will not raise landscape or visual issues of national importance.
We are content that the proposal will not result in significant impacts upon any priority
marine habitats or species.
Response dated 25/2/21 following the submission of additional information:
The proposal could be progressed with appropriate mitigation.  However, because it
could affect internationally important natural heritage interests, we object to this
proposal unless it is made subject to conditions so that the works are done strictly in
accordance with the mitigation detailed in our appraisal. 
NatureScot (10/5/23): We acknowledge that the available information, both in terms
of advancements in lice modelling capabilities and knowledge of post-smolt migration
routes, has advanced significantly since this planning application was submitted in
July 2020. On the basis of the new information available, some additional concerns
arise regarding the potential risk that this development could pose to the Endrick
Water SAC.     
The Environmental Management Plan (EMP) approach was developed to address
the complex issue of lice management through the planning process. The EMP is an
iterative process that uses monitoring results gathered over the course of a
production cycle to assess the level of risk posed to migrating post-smolts, and where
relevant implement appropriate management to address any such risk. By ensuring
that the EMP incorporates an end of production review and by requiring a condition
that the site shall not be restocked until that review process is complete, the Local
Planning Authority (LPA) is provided with an enforceable mechanism to address any
elevated risk that is identified. 
Concerns arise with regards to the consenting of additional biomass in areas
identified as higher risk through screening modelling carried out by SEPA as part of
the development of their sea lice risk framework. We acknowledge these concerns
and agree that the best available information should be considered as part of the
planning process. 
Following further discussions with SEPA we are satisfied that provided the EMP
incorporates a review process and a commitment not to restock until the review is
complete, the LPA will have a mechanism to integrate the detailed modelling carried
out by SEPA as part of their sea lice risk framework within the EMP review. This will
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allow the LPA to take appropriate action for this site, should any elevated risk be
identified through either the EMP monitoring or the modelling and assessment
required as part of the forthcoming SEPA framework. Depending on the level of risk,
this could include requiring enhanced sea lice management measures, reduced
stocking or ultimately preventing the site from being restocked. As a result, we are
satisfied that the LPA will have a mechanism to consider the best available
information and take appropriate action, should it be required to address any risk in
the future, therefore ensuring that this proposed site will not result in an adverse
effect on the integrity of the Endrick Water SAC.     
We would also highlight that should this site be granted planning permission, we
expect that SEPA’s sea lice risk framework will be fully implemented by the end of
the first production cycle. We therefore anticipate that the detailed modelling and risk
assessment process required under SEPA’s framework will feed in to and influence
the first end of cycle review process required as part of the EMP. On this basis, we
are satisfied the LPA can conclude that appropriate measures are in place to ensure
that the farm will not compromise the conservation objectives of the Endrick Water
SAC and will not therefore result in an adverse effect on site integrity.   
NatureScot (dated 10/5/23):  We are not aware of freshwater pearl mussels
(FWPM) in any watercourses within 1 km of the proposed North Kilbrannan Fish
Farm, however please note that this does not mean that the species may not be
present. NatureScot did commission a Kintyre wide FWPM survey of potentially
suitable watercourses in 2015, however unfortunately access was not granted at the
time to survey the Crossaig Burn. 
West Highland Anchorages and Moorings Association (dated 31/8/20):  This
application is in the Clyde Area where WHAM is not competent to comment. 
Argyll and District Salmon Fishery Board (dated 31/7/20): Object to the
proposal. 
The current planning and regulatory system does not sufficiently protect wild fish and
a new regulatory system, as recommended by the Salmon Interactions Working
Group, should be put in place prior an any growth in consented biomass.
Recent history of escapes in high energy locations which offers no assurance of
containment in the pens for the new proposal.
The conservation status of local salmon populations which may suffer permanent
adverse damage from aquaculture related additional pressures.
This farms sits on a likely migratory path for wild salmon from numerous rivers in
Loch Fyne, west Arran and East Kintyre and possibly the Kyles of Bute and the Clyde
Estuary, increasing the potential for negative interactions.  We previously issued a
holding objection and requested that the EMP be revised to include details of how
the plan will be protective of the freshwater salmon population of the Endrick Water
SAC. 
Marine and Coastal Development Policy Officer (dated 20/10/20): Comments
made in relation to benthic impacts, water column impacts, interaction with
predators 
Biodiversity Officer (dated 9/1/21): The applicant has answered queries raised in
relation to wild salmon interests by developing the EMP where partnership working
and cooperation between the applicant and the stakeholders is embedded in the
plan along with the overall aim and the elements to address issues relating to sea
lice, I recommend that this working document is signed off by all parties prior to
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determination by the Planning Authority.  In relation to ADDs and other predator
control, the applicant has agreed not to use these and is reliant on the design of the
nets to manage this issue. 
Northern Lighthouse Board (22/1/21): No objections subject to navigation
conditions. 
Clyde Fishermen’s’ Association (dated 18/3/21):  Object to the application on
the grounds of lack of cooperation with aquaculture companies, loss of fishing
grounds, chemical pollution and sewage, loss of shelter / safe grounds and
economic loss and mortality and lice. 
Fisheries Management Scotland (9/10/20):  Object to the proposal for the following
reasons:
The current planning and regulatory system does not sufficiently protect wild fish and
a new regulatory system, as recommended by the Salmon Interactions Working
Group, should be put in place prior an any growth in consented biomass.
Recent history of escapes in high energy locations which offers no assurance of
containment in the pens for the new proposal.
The conservation status of local salmon populations which may suffer permanent
adverse damage from aquaculture related additional pressures.
This farms sits on a likely migratory path for wild salmon from numerous rivers in
Loch Fyne, west Arran and East Kintyre and possibly the Kyles of Bute and the Clyde
Estuary, increasing the potential for negative interactions. 
West Coast Regional Inshore Fishery Group:  No response to date. 
Argyll Fisheries Trust:  No response to date. 
Historic Environment Scotland (dated 28/9/20): We do not object to the
proposals. Although the North Kilbrannan, Carradale Fish Farm would be located
outside of Cour Bay and would be of limited visibility in views to and from the
Category A-listed Cour House (LB18360) itself, we consider that significant impacts
on the setting of House are unlikely. Therefore, we wish to reiterate our previous
advice (19/02422/SCRSCO, 22 January 2020) that we have no further comment to
make regarding the above proposals. 
East Kintyre Community Council: Support the application.  Although the
application falls within the Tarbert and Skipness Community Council area it also
impacts directly upon Carradale and East Kintyre.  Carradale has a very good
working relationship with the local MOWI team and we are delighted that the
company offers such good employment and career opportunities otherwise
unavailable to local residents.  Carradale Harbour is utilised by MOWI as the shore
base for their operations and we are keen to encourage this to continue.  East
Kintyre Community Council and Carradale Community Trust are working in
partnership with MOWI to improve harbour facilities.  Dredging and pontoons are
developments in the pipeline, both will greatly enhance the harbour area for locals
and tourists alike, 
Tarbert and Skipness Community Council (dated 2/10/20 and 18/2/21):  Object
to the proposal.  This is a very exposed site and there is concern about escapes
give the recent escapes from North Carradale Fish Farm.  Concern about
contamination of the sea bed.  The Tarbert fishing fleet will lose yet another area of
sea bed which will make profitable fishing even more difficult.  Any issues which
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affect the fishing fleet will undoubtedly have a direct effect on employment in the
area.  The fish farm will detract from wild seascapes and will have a negative
impact on tourism.  Waste (non-fish) management plans shown in the EIA do not
leave one with a lot of confidence.  Mostly stating that “Disposal must comply with
regulations” without showing the operational method which will be utilised to
achieve that end.
Concerned about the issues raised by the use of azamethipos in this setting. 
NHS Highland (dated 18/7/22):  NHS Highland is not able to give a definitive
opinion on the safety of wild swimming in the vicinity of the fish farm simply based
on this report. However, based on the available evidence.  NHS Highland does not
wish to object to the application. 
NHS Highland Response to additional reports submitted by objector (dated
29/3/23):  The documents that have been submitted and that you forwarded to me
raise further issues about the potential risks from chemicals that would be used
should the planning application be granted and should the development proceed.
There are also further comments about the validity of the work that was
commissioned from WCA as part of the
application.  As I noted in my previous response, we do not employ ecotoxicological
or chemistry experts, so it was not possible to give fully informed comment on the
report. Likewise, where specific issues have subsequently been raised about
toxicology or modelling it is not
possible for NHS Highland to give a fully informed view. The nature of the evidence
in this area means that there remain many assumptions and a limitation in the
amount of direct evidence. It would be helpful to have both a systematic
independent review of the health effects and the health impact of fish farms and
their chemicals in general and an independent review of the local position. In the
absence of these the position of NHS Highland remains unchanged. 
North Ayrshire Council (dated 21/3/22): No comments. 
(D) HISTORY:   
04/01749/MFF – consultation from Crown Estates on screening opinion 
06/00873/MFF – Proposed fish farm sites at Rubha Riabhach and Port Fada.  Application
withdrawn. 
19/02422/SCRSCO – Screening and scoping for proposed marine fish farm. 
(E) PUBLICITY:   
ADVERT TYPE:
Regulation 20 Advert Local Application
EXPIRY DATE: 19.02.2021 
ADVERT TYPE:
ENVASA Addendum EA Advert
EXPIRY DATE: 14.02.2021
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ADVERT TYPE:
Environmental Assessment Regs Adv (28)
EXPIRY DATE: 11.10.2020 
ADVERT TYPE:
Regulation 20 Advert Local Application
EXPIRY DATE: 02.10.2020 
(F) REPRESENTATIONS:   
(i) Representations received from: 
A list representations can be found in Appendix D 
Representations are published in full on the planning application file and are available
to view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
Objections 
Human Health / Immersion in Water and Wild Swimming 
Concerned about the impact of fish farm medication accumulation in proximity to where
people swim at Cour Bay and Grogport; 
SEPA has advised that they do not assess the impact of organophosphates and other
pollution on swimmers and other recreational users before they issue a car licence.  I believe
that SEPA has failed to comply with the Water Environment (Controlled Activities (Scotland)
Regulations 2011 which requires them to assess the impact on other marine users before
issuing a CAR licence. 
Expert opinions have been submitted critiquing the conclusions of the SSPO (now Salmon
Scotland) commissioned report on the impacts of fish farm medications on human health. 
These are from Professor Malcom Hooper, Emeritus Professor of Medicinal Chemistry and
Mr Boetimann Isaack, Principal Advisor, Fish River Occupational Hygiene. 
It has been requested that comments be sought from NHS Highland on the independent
expert opinion papers.
The use of organophosphates in or around these waters is totally unacceptable and SEPA’s
licencing of azamethiphos here is a fault, as no assessment of its threat to human health
has been made in spite of studies that implicate it. 
Comment:  NHS Highland has been consulted on the application supporting document on
this issue and also the expert opinions submitted by a third party.  NHS Highland has
confirmed that they do not wish to object to the proposal.  For further information see
assessment. 
Pollution 
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Kilbrannan Sound is an estuary which is not dispersive and therefore prone to stagnate. 
SEPA has relied on their assessment that the Kilbrannan Sound is dispersive which
contradicts multiple other official reports which state that is stagnant.  As SEPA has admitted
to faults in their granting of the CAR licence, there is reason to doubt their credibility, so the
Council needs to justify their decision if they decide to ignore other official documents which
support our local observations. 
Argyll and Bute Council cannot be sure that the accumulative pollution from multiple fish
farms will not endanger public safety, so the precautionary principle must apply. 
Comment: SEPA are the Council’s expert advisor on these issues.  They do not object to
the proposal and have issued a car licence. 
Impacts on Wild Salmonids 
Concern that sea lice emanating from fish farms will decimated the stocks of wild salmon
and sea trout. 
Mass escapes and deaths at Carradale recently demonstrate that they are not well
managed and that the operators cannot guarantee that there will not be more escapes. 
Escaped MOWI farmed fish are being found in the river Garnock which threaten the wild
salmon stocks.  The escaped fish are attracting people to come and fish for them who have
not bought permits. 
The proposed site is a key migration route for salmonids spawning in Loch Fyne and the
Clyde.  It would be irresponsible to site the fish farm in the Kilbrannan Sound which has
been recognised by both Marine Scotland Science and the River and Fisheries Trust of
Scotland as one of the most sensitive areas for Atlantic salmon in Scotland. 
This environmentally catastrophic industry will eventually be regarded with the same horror
that we view rainforest deforestation for palm oil – it is simply a matter of time and I urge
you not to be responsible for adding Cour Bay to the casualty list.  The industry is completely
self-regulated which entirely at odds with any other form of farming.  As a result, it destroys
the seabed, releases tonnes of chemicals into the marine environment and it is a complete
disaster for wild salmon and sea trout due to the spread of disease, sea lice and the genetic
threat posed by interbreeding with escapees. 
EMPs are insufficient to enable the Council to meet the test in Article 6(3), and is inadequate
mitigation for the impacts likely to occur on wild salmonids, including those protected under
the designation of Endrick Water SAC. 
While we wait for the revised regulatory system, the Council still has duties under the Nature
Conservation (Scotland) Act 2004 in relation to the furthering of nature conservation and
biodiversity, in this case in relation to wild salmon and sea trout.  In this context the Council
should seek to continue, as it has recognised in relation to other recent fish farm applications
to seek to ensure that the goals of the inter-government North Atlantic Salmon Conservation
Organisation (NASCO) are met.  For sea lice, NASCO best practice is for “100% of farms
to have effective sea lice management such that there is no increase in sea lice loads or
lice-induced mortality of wild salmonids attributable to the farm.  For escapes, NASCO best
practice is to ensure that “100% of farmed fish are retained in both freshwater and marine
production facilities.  The Council should not only judge this application from MOWI as
against NASCO objectives and, throughout its deliberations, place the strongest possible
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emphasis on meeting the NASCO objectives, it also has strict legal duties specifically to
protect the Atlantic salmon population of the Endrick Water SAC. 
Given the history of escapes from fish farms, it will not be possible for the Council rationally
to conclude that there will not be escapes from the site proposed at North Kibrannan that
can have an impact on the site integrity of the Endrick Water SAC. 
No mitigation is possible for an escape once it occurs.  As such, it would be irrational of the
Council to grant planning permission for this high energy site, which is a more exposed
location than the Carradale North site. 
Wild salmon smolts leaving the Endrick Water SAC must swim through the Firth of Clyde
and / or Kilbrannan Sound to reach the open sea.  As Appropriate Authority, Argyll and Bute
Council must be certain beyond reasonable scientific doubt that these salmon will not be
affected by lice or other effects from the new fish farm and such certainty is clearly
impossible.  Hydrodynamic modelling show that water often flows anti clockwise around
Arran, so the wild smolts may well swim this way.  The modelling shows that sea lice
released by multiple fish farms are carried into Kilbrannan Sound, where they would over
lap with lice from the North Kilbrannan farm and from Mowi’s existing 5000 tonne farm at
Carradale.  The Council must declare on what basis it is certain that this cumulative impact
will not harm the integrity of Endrick Water SAC, otherwise it invites a judicial review. 
The applicant has failed to consider the existence of an autumn smolt run within the Endrick
SAC for which there is growing evidence. 
The development would also adversely affect sea trout. 
There is no clear and robust enforcement mechanism in the EMP.  There is insufficient
regulatory capacity within the planning department to enable it to take a consistent and
regular inspection and enforcement role here. 
It is well established by scientific research that salmon are most vulnerable to lice infestation
at the post smolt stage so they will definitely be impacted upon by this development. 
The North West Angling Trust Fisheries Consultative Council (NWATFCC) represents the
affiliated and collective interests of the five major NW game fisheries – Border Esk, Eden,
Derwent, Lune and Ribble.  The NW river fisheries comprise 30% of England’s reported rod
caught salmon and are in the immediate vicinity of Argyll salmon farm developments.  The
Kintyre peninsular and Northern Ireland coast forms the pinch point and pathway for our
migrating salmon smolts.  On 25th September NWATFCC received the first reported
captures of farmed salmon in the Solway Firth rivers Border Esk, Eden, Derwent and Annan,
followed by further reports from the West Cumbrian Ehen and the River Lune on the
Morecambe Lancashire coast.  MOWI are responsible for the following recent incidents of
escapees:
16,000 salmon at Carradale in June 2015;
24,752 salmon froma holed net in Hellisay in November 2018;
23,970 due to net failure and equipment damage – Hellisay in October 2019;
73,600 pen failure on Colonsay in Jan 2020;
48,834 mooring failure and storm damage to Carradale North cages in August 2020.
The Council should take full account of MOWI’s present record in failing to meet industry
standards, its wider responsibility under the European Habitats Directive to protect the
environment and noted species and further the international NASCO measures and targets
designed to protect and restore North Atlantic salmon populations.
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Crossaig Burn which is located less that 1km from the site has not been listed as a local
salmonid river by the ADSFB.  I suggest the reason that Crossaig Burn is not listed is
because it has not been fished by angler in recent years and netting is not currently taking
place but if the burn and its estuary were monitored effectively and independently, it would,
I suspect, reveal the continued presence of a concentration of wild salmonids, that because
of the proximity to this proposed fish farm will be affected adversely. 
THE MOWI proposed Cour Bay site is located between 3 salmon rivers on east Kintyre
(Carradale Water, Claonaig Water and Skipness River) and 2 rivers on west Arran (Machrie
River and Iorsa River).  This proposal to site an open net salmon farm equidistant from 5
wild salmon rivers demonstrates a complete indifference by MOWI to any form of
sustainable protection of wild salmon stocks. 
The current planning and regulatory system does not sufficiently protect wild fish and a new
regulatory system, as recommended by the Salmon Interactions Working Group should be
put in place prior to any growth in consented biomass. 
The proposed site is on the likely migratory path that wild salmon take from numerous rivers
in Loch Fyne, west Arran and east Kintyre and possible the Kyles of Bute and the Clyde
Estuary. 
The proposed salmon farm also has the potential to impact salmon and sea trout
populations across Ayrshire’s 6 important salmon and sea trout rivers and their tributaries. 
There are numerous coastal burns that may also be potentially impacted both where there
are no angling interests nor bodies to represent the ecological value of these watercourses. 
The proposed development will have an adverse impact on juvenile sea trout.  They tend to
remain in local coastal waters and have a tendency to be strongly impacted by sea lice. 
The Loch Lomond system (including the Endrick SAC) has perhaps one of the last notable
runs of sea trout on the Scottish west coast mainland, with recent catches numbering up to
2,000 per annum.  Unless the sea trout stocks remain close to the Leven mouth they will in
all likelihood be impacted by this development. 
The proposed salmon farm has the potential to impact salmon and sea trout populations in
the River Doon Board Fishery district. 
The proposed salmon farm has the potential to impact salmon and sea trout populations in
the Stinchar district. 
The MOWI sea lice dispersion modelling shown in the applicant’s EMP shows dispersal and
overlap with the proposed salmon farm at Millstone Point, North Arran.  This clearly shows
that attempting to assess and mitigate the risk from farms in isolation and without a cross
LPA spatial planning framework is unacceptable and open to legal challenge.  This
approach needs to be cumulative and proven to be effective to mitigate risk and meet the
legal requirements of SAC protection otherwise approval will be challenged and open to
judicial review. 
The Council cannot lawfully grant planning consent as it will have an adverse impact on wild
salmonids through sea lice, disease and escapes. 
There is a need to consider the cumulative impact of sea lice from all farms on the Greater
Clyde on wild salmon and sea trout, rather than considering the impact of lice from new or
expanded farms individually.
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The Greater Clyde currently has 16 licenced farm sites (counting Carradale as one).  Five
new farms are proposed at North Kilbrannan, South Bute, Cumbrae, Little Cumbrae and
Ardentinny with a substantial expansion proposed at Ardyne.  This would add more than
40% to the total farmed fish biomass and increase the number of fish hosts for sea lice by
the same amount. 
Friends of the Sound of Jura have been working with the hydrodynamic modelling company
MTS-CFD to model the dispersion of infectious sea lice larvae from these farms which
shows there is already a significant risk of harm. 
The Friends of the Sound of Jura commissioned model conflicts with the applicant’s
hydrodynamic model.  MOWI have made incorrect assumptions regarding the release of
sea lice and should be asked to resubmit their modelling. 
Argyll and Bute Council must be certain beyond reasonable scientific doubt that the
cumulative effect of consenting new or expanded fish farms in the Greater Clyde will not
add to the risk that the population of salmon in the SAC already faces. 
In light of the modelling commissioned by FOTSJ which shows there is already a significant
risk of harm, it is impossible to be certain beyond reasonable scientific doubt that the SAC’s
wild salmon population will not be harmed. 
There should be no expansion of fish farming on the greater Clyde at least until SEPA’s new
system for assessing and regulating this risk is place. 
Comment:  Wild fish interactions are considered in full in the report.  Until the new framework
is introduced by SEPA, the planning authority will continue to require Environmental
Management Plans to address this issue.  No moratorium on marine fin fish applications
has been announced. 
Impacts on Tourism 
It will not help the tourist industry and make people less likely to visit areas which have been
ruined by salmon farms. 
This proposal will ruin the existing tourist based business at Cour which provides more local
employment than the fish farm would.  The loss of holidaymakers and visitors would harm
other local businesses. 
Comment:  There is no evidence to suggest that the proposal would have a detrimental
impact on tourism. 
Landscape and Visual Impacts 
The area is relatively devoid of development and allows for exceptional panoramic views
from the road toward Arran and the greater part of the slopes of Meall nan Damh and Bheinn
Bharrain which are considered to be semi wilderness landscapes.  The proposed fish farm
would completely overshadow the panorama of Cour Bay.  It is considered that the
introduction of such a large scale, man-made feature (comprising straight geometric lines)
into a very open landscape area would have an adverse impact on the landscape quality of
this area which would be contrary to planning policy. 
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The proposal lies within the highly scenic narrows of the Sound separating Arran from
Kintyre, introducing industrial elements in a landscape highly values for tourism. 
The north east coast of Kintyre provides panoramic views of the North Arran National Scenic
Area and views to and from it are spectacular.  A large fish farm which can be seen from
miles away, up the coast and across the water, compromises this. 
Comment:  A Seascape, Landscape and Visual Impact Assessment (SLVIA) has been
submitted as part of the EIAR.  Officers concur with the conclusions of this report and would
find no reason to refuse the application on these grounds.  Further analysis of landscape
and visual issues are contained within the assessment. 
Historic Environment 
The proposal would have a detrimental impact on the setting of Cour House which straddles
the development of architecture in Scotland between the Arts and Crafts Movement and
Modernism, It responds to the untamed landscape with a palette of harmonious materials,
the whole house is spread upon a natural ledge in the landscape, hunkering down over huge
spreading roofs of stone slabs.  However, this house also has structural defects which the
owners hope to address.  Cour will cost a great deal to restore and repurpose as a
sustainable proposition.  The current proposal potentially conflicts with the visual amenity
demanded by high end tourism, and may also potentially impact on any future usage of
Cour Bay. 
The location of the proposed fish farm within clear, albeit partial, view of Cour House and
its estate mars the very unique characteristics of this very special historic environment.  We
expect further visibility assessment to be carried out and reconsideration of the location of
the pens. 
Comment: The EIAR contains a chapter on Cultural Heritage which includes the
consideration of Listed Buildings including the Category A listed Cour House.  This
concluded that there would only be a small proportion of the proposed site visible, at an
oblique view, with only limited change to the overall view, leading to ‘small’ adverse effects
and ‘moderate’ levels of significance.  In addition, Historic Environment Scotland who give
the planning authority advice on A listed buildings have not objected. See also assessment. 
Waste 
Storms have resulted in large amounts of plastic from fish farms washing up on the shore. 
Comment:  A condition is proposed in relation to this issue.  See also assessment. 
Economy and Employment 
MOWI claim that they will create jobs in the local area but that seems to be minimal with
people travelling a distance from outside the local area. 
Our marine environment is being sacrificed for the short term profits of foreign multinationals
who do not have the interests of Scotland at heart.  The number of jobs created is minimal. 
The proposal may impact on fishermen’s livelihoods. 
As salmon farming becomes increasingly intensive and automated it creates negligible local
employment opportunities.   
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The Loch Lomond Angling Improvement Association employ two full time water bailiffs,
when our fish stocks decline which they will do if this application was to go ahead, our
membership and visiting anglers will drop and those employees’ jobs will be in danger of
being lost. 
Concern that Norwegian owner fish farms are being allowed to operate in an area which will
have minimal long term benefit to the Scottish Economy and to the detriment of the very
local Cour economy. 
Comment:  See assessment. 
Policy 
The proposal would be contrary to Scotland’s National Marine Plan which requires that
concentrations of contaminants are at levels not giving rise to pollution. 
The proposed fish farm does not comply with the Council’s Bad Neighbour Policy. 
If this planning application is granted it needs to go to a judicial review. 
Comment:  See Assessment. 
Impacts on Wildlife 
Concern that seals may be culled if they are attracted to the farm.
There is a large colony of seals at Eilean Cour, just south of Rubha Riabhach which has
been omitted by the EIA. 
The use of ADDs can cause hearing damage and stress in dolphins, porpoises and whales. 
The use of ADDs at the proposed site in the narrowest part of the Sound, would effectively
block the Sound as a passageway of feeding ground. 
Otters are known to be present in the area.  The  proposed development is extremely close
to the shoreline and MOWI offer  no actual figures regarding the numbers of otters which
will perish in fish farm netting. 
The application provides no meaningful data or assessment on harbour porpoise, a
European Protected Species (EPS) and Priority Marine Feature (PMF) at the proposed
North Kilbrannan site.  There has been no attempt by the developer to address harbour
porpoise or EPS occurrence other than to comment that they are present at another MOWI
site at North Carradale.  The purpose of an EIA is to assess sensitivity level or risk of impact
to receptors like harbour porpoise.  MOWI’s planning submission is not fit for purpose and
the development proposal should be rejected. 
Clyde Porpoise CIC has acoustically surveyed all fish farms in the Clyde Sea Area and are
appalled by the noise levels and indiscriminate use of ADDs.  We are disappointed that the
Marine Scotland consultation response does not attend to the fact that there is a legal
requirement under protected species legislation for activities that have the potential to harm
/ disturb or harass EPS and require such applications to be processed through the EPS
licensing system.  We call on Argyll and Bute Council to reject this application on the
grounds that the use of ADDs without EPS licence is illegal. 
There are reputed to be freshwater mussels in a river discharging into the sea with 1000m
of the proposed site.  This species has not been mentioned by the Council’s biodiversity
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officer nor by NatureScot in their response, but granting planning consent without assessing
the impact would not be lawful. 
Fish farm medications would have an adverse impact on a primary breeding ground for
lobsters on this stretch of coast. 
The constant noise, light and regular activity on the fish farm would drive cetaceans and
otters away. 
The site is unsuitable due to the proximity of a large seal colony. 
MOWI’s environmental survey is inadequate and we have proved that it has only considered
one quarter of the flora and fauna at the site.  If the Council accept such obviously flawed
evidence, they need to justify how their decision complies with the Nature Conservation
(Scotland) Act 2004 and other relevant legislation.  This may prove further grounds for a
judicial review. 
Comment: Since this application was submitted the applicant has confirmed that they will
not be using Acoustic Deterrent Devices at the site and therefore a condition is proposed to
ensure that they cannot be used as part of this planning permission.  Officers in consultation
with statutory consultees are content with the scope of the EIAR. With regard to fresh water
pearl mussel, NatureScot have advised that they are not aware of fresh water pearl mussels
in any watercourses within 1km of the proposal, however, this does not mean that they are
not present.  No evidence has been submitted to confirm this assertion. 
Impacts on Commercial Fisheries 
This site would sit on top of the primary lobster site, as Cour Bay is important as a lobster
nursery and on this stretch of coast both local people and commercial fishermen put their
creels. 
The development would remove an area used by fishermen.   A fishing area has already
been removed from south of Cour and there is a vast area south of Carradale which is an
MPA where no fishing can occur.  Life is hard enough and taking away where we fish is not
helping at all. 
Comment:  See assessment. 
Amenity 
Cour Farmhouse looks over Cour Bay and as a result all activity at the fish farm would be
seen and heard day and night. 
The proposal will result in unacceptable noise levels.  Experience of living 2.5km from the
Carradale farm that the noise comes from several different sources such as loudhailers
used by employees, radio music apparently being transmitted through external speakers,
engine noise and generator noise.  The EIA completely neglects to assess the noise created
by fish farm operations in the context of baseline background noise and this is an entirely
unacceptable omission. 
The residents in Pirnmill in Arran already suffer both light and noise pollution from the
existing Carradale North fish farm. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
The proposal will result in noise and light pollution at nearby residential properties
(Sperasaig House, Cour) 
The proposed development will result in increased traffic on the B842. 
Comment:  See assessment. 
Salmon Fishing Rights 
Salmon netting rights exist in the Sound and the legal rights accompanying these would
almost certainly be compromised by the proposed development. 
The heritable salmon and sea trout fishing rights on this stretch of coast will be rendered
unusable by the intrusion of the development providing grounds for a legal challenge.  It is
not legally competent for the Crown Estate to grant a competing right. 
Comment:  This is a civil matter and not a material planning consideration. 
Concern over proximity of electricy cable 
The proposed site it close to SSE’s Hunterston/Crossaig sub-sea cables.  Damage to the
cables which could compromise the west coast of Scotland’s electricity supply, is an
unacceptable risk. 
Scottish and Southern Electricity Networks are concerned that insufficient information has
been provided to ensure the safe operation and maintenance of their Kintyre Hunterston
High Voltage Electricity Cables that are located approximately 400 m north of the proposed
fish farm. 
Comment:  This objection has subsequently been withdrawn (letter dated 24/11/20)
following dialogue between the applicant and the electricity company.  MOWI have made a
series of commitments to the SSEN and subject to these being adhered to SSEN do not
object. 
Concern Over the Principle of Marine Fin Fish Farming 
Salmon should be farmed on the land in closed containment. 
Our inshore waters in Scotland need a radical re-think in terms of sustainable fisheries, a
reduction in salmon aquaculture farms, control of dredging for scallops and bottom trawling,
a strategic look at overall sustainable communities, environmentally, economically and
socially for the long term. 
Having largely removed battery farming for poultry we do not understand how a much worse
agricultural regime is allowed for salmon.  The pursuit of cheap food by mistreating birds,
animals and fish must stop. 
I find it astonishing that Norwegian companies are being permitted to apply for fish farms in
Scottish waters, when Norway and other companies are in the process of banning open
cage salmon farms due to the adverse impact on the fish and the environment. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Responsible governments in countries such as Norway, Denmark and Canada are in the
process of banning all new open cage salmon fish farms in their seas. 
Concerns over animal welfare due to overcrowding and the spread of disease. 
Comment:  There is no ban on marine fish farming in Scotland and the planning authority is
required is consider these applications on their merits taking into account the advice of
statutory consultee and other material considerations including third party representations. 
Other 
Arran does not get to hear about the planning applications in Carradale as these are in
Argyll and Bute.  I think salmon farm applications should be circulated by order to any
potential affected local areas. 
The Council’s internal and external specialist advice looks like a dereliction of duty and so
unreasonable as to merit a judicial review. 
There has been no consultation with the nearest neighbour and owner of the shoreline. 
There have been numerous previous applications to site a fish farm on this site.  None were
accepted, the continuing applications are vexatious and since the last application the
evidence to refuse planning consent has increased. 
There is almost unanimous local opposition from the Community Council, residents,
businesses and commercial fishermen. 
MOWI’s official record of causing environmental damage is one of the worst in Scotland and
is attracting international concern.  They make promises to improve which they do not and
cannot keep.  With so much evidence against MOWI, the Council would be failing in their
duty to protect the environment if they grant consent.  The Council would not licence a bar
or a taxi driver with a poor history like this. 
The application conflicts with many of the recommendations of the Scottish Government’s
REC Committee report on Salmon Farming and the NASCO Treaty Guidance on Beat
Management Practices. 
The sea is too rough at the site and getting worse due to climate change which will inevitably
cause escapes and other damage. 
Comment:  There have been not previous planning application at this site for a fin fish farm
at this location.  A Crown Estate licence was consulted in 2006 but this was withdrawn.  See
assessment.  Neighbour notification has been carried out in accordance with the legislation
and the application has been advertised in the local paper. 
Representation 
A critique of the Fisheries Management Scotland objection has been submitted. Within this
it is stated that “What Fisheries Management Scotland does not say, is that under their
management (as well as that of their former guise – Association of Salmon Fishery Boards)
a total of 445,452 wild salmon and sea trout have been caught and killed from these local
populations since Government records began.  The impact of this mortality on local
populations is significantly greater than any impacts from salmon farming. 
Comment:  Noted.
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Support 
As a supplier of feed to the company, BioMar, voice their support for the application.  When
completed it is estimated that the farm will contribute £1.1M annually to the local economy
and a further £1.2M annual contribution to the Scottish economy from the operation of the
farm. 
The proposal is aligned with Argyll and Bute Council’s economic growth plan by providing
quality jobs in remote communities with a declining population.   
Fish farming plays a massive part in rural areas of Scotland.  Without the fish farming
industry there would be little if any employment in some of these areas.  I live and work in a
rural area and employ 30 staff who would not be living in these area were it not for the fish
farming industry. 
The aquaculture industry provides quality hobs in remote rural areas and helps to sustain
the population and keep schools open. 
The proposed salmon farm follows the recommendation of the Scottish Government’s 2018
Rural Economy Committee which suggests the salmon sector look towards offshore and
exposed locations where there are higher energy water flows. 
We are a globally operating market leading innovation-led fish farm technology business
with a growing footprint in mid Argyll and Kintyre.  Argyll has around 25% of Scottish
production of farmed fish worth around &250million based on quarter share of contribution
of fish farming to £1 billion GDP generated from fish farming in Scotland. 
As a senior manager in Akvagroup, I live and work in mid-Argyll.  In Scotland we employ 70
people and internationally 1500 people.   We currently employ 5 staff based in Argyll.  We
anticipate of approved, the North Kilbrannan farm development will increase our local
turnover significantly and allow us to secure and make further expansion of staff and
premises in Argyll. 
The farm and additional activity it brings will support local infrastructure improvements and
community projects in the Argyll and Bute area. 
MOWI have been the saviour of Carradale.  They have provided many local jobs and will
provide many more if the proposed construction is allowed to go ahead.  MOWI has given
a large sum of money to create the temporary village shop and other local ventures.  The
one thing MOWI could do is cover their equipment at the car park.  Carradale needs MOWI
and MOWI needs Carradale. 
MOWI (previously Marine Harvest) have been the principal sponsor of shinty for nearly 35
years.  The investment of a new fish farm in the area will bring a long term benefit to Shinty. 
Throughout the Highlands a high proportion of employees at the fish farm sites are local
and also shinty players, thus ensuring the continuation of many of our shinty clubs which
would otherwise have folded if these employees had to leave the area to find employment. 
Comment: Noted 
(G) SUPPORTING INFORMATION 
Has the application been the subject of:
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(i) Environmental Impact Assessment Report: 
THE EIAR covers the following topics:
 Benthic Environment;
 Water Column;
 Interaction with Predators
 Interaction with Wild Salmonids
 Species and Habitats of Conservation
Importance
 Navigation, Anchorage, commercial
Shipping and Other Uses
 Landscape and Visual Impact
Assessment
 Noise
 Cultural Heritage
 Waste Management
 Socio Economic and Recreation
 An addendum to the EIAR was later
submitted containing the following:
 Site Survey – North Kilbrannan,
Aquastructures
 Mooring Analysis – TR -31256-6526-1
Rev 1
 Mooring Analysis of Barge TR -31256-
6526-1 Rev 1
 Environmental Management Plan,
Kilbrannan Sound Fish Farms
 North Kilbrannan Inspection and
Maintenance Schedule
 On-site Emergency Response Plan,
North Kilbrannan
 North Kilbrannan Containment and
Escapes Contingency Plan.
☒Yes ☐No (if Yes insert
EIAR topics below)
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Note:  Given the length of time which has
elapsed since this application was
submitted in 2020, the applicant has
reviewed the EIAR in a document dated
27th January 2023.  This has confirmed that
there have been no material changes
affecting the assessment since the
submission of the planning application. 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☒Yes ☐No (if Yes
attach as an appendix) 
Appropriate Assessments are attached in the Appendix in respect
of Ailsa Craig SPA and Endrick Water SAC. 
(iii) A Design or Design/Access statement:    ☐Yes ☒No (if Yes insert
summary of key issues
below)  
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No (if Yes list
supporting documents
below) 
Clarification in Response to the Friends of Sound of
Jura Reply (document-22447522.pdf), dated 30 April
2021; 
Response to the Objections to Application
20/01345/MFF by the Friends of the Sound of Jura
and Cour Ltd, specifically the modelling studies by
MTS-CFD Ltd, dated 12 April 2021; 
LVIA VP4 Computer Model - (showing pen layout from
viewpoint minus trees); 
Appendix B – Drawings and Illustrations, North
Kilbrannan Fish Farm SLVIA (resubmission with
above amendment to VP4);
Applicant response to comments from statutory
consultees and public comments in the second round
of advertising/consultation; 
Applicant response to Marine Scotland Science
information request (further detail on mooring design
for pens and feed barge and detail on inspection /
maintenance frequencies); 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Aquastructures technical note (TN-31256-6531-1) –
further analysis of mooring lines belonging to the
barge, and the mooring lines belonging to the pens
(as requested by Marine Scotland Science);
Aquastructures technical report (TR-31256-6531-1)
Mooring analysis of feed barge as per requirements of
the Technical Standard for Scottish Finfish
Aquaculture; 
Aquastructures technical report (TR-31256-6526-1)
Mooring analysis of fish pen equipment as per
requirements of the Technical Standard for Scottish
Finfish Aquaculture; 
Aquastructures technical report (SS-30079-6503-1)
Environmental Site Survey as per requirements of the
Technical Standard for Scottish Finfish Aquaculture; 
Applicant response to public representations from first
round of application advertising; 
Applicant response to further information requested by
Statutory consultees from first round of consultation;
Containment and Escapes Contingency Plan (for
proposed North Kilbrannan fish farm); 
On Site Emergency Response Plan (for proposed
North Kilbrannan fish farm); 
Inspection and Maintenance Schedule (for pen
equipment and moorings infrastructure -proposed
North Kilbrannan fish farm) ; 
Kilbrannan Sound Environmental Management Plan
(amendment to include commitments relating to wild
fish monitoring in the Endrick SAC and use of data for
adaptive site management). 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No (if Yes insert details of direction below)    
(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.
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National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 12 – Zero Waste 
Liveable Places
NPF4 Policy 23 – Health and Safety 
Productive Places
NPF4 Policy 25 – Community Wealth Building
NPF4 Policy 29 – Rural Development
NPF4 Policy 32 – Aquaculture 
Argyll and Bute Local Development Plan adopted March 2015 
LDP STRAT 1 – Sustainable Development
LDP DM1 – Development within the Development Management
Zones
LDP 3 – Supporting the Protection, Conservation and Enhancement
of our Environment
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 
Supplementary Guidance 
SG LDP  ENV 1 – Development Impact of Habitats, Species and Our
Biodiversity (i.e. biological diversity)
SG LDP ENV 2 – Development Impact on European Sites
SG LDP ENV 7 – Water Quality and the Environment
SG LDP ENV 12 – Development Impact on National Scenic Areas
(NSAs)
SG LDP 14 – Landscape
SG LDP ENV 16(a) – Development Impact on Listed Buildings
SG LDP 19 – Development Impact on Scheduled Ancient
Monuments
SG LDP ENV 20 – Development Impact on Sites of Archaeological
Importance
SG LDP BAD 1 – Bad Neighbour Development
SG LDP SERV 5(b) Provision of Waste Storage and Collection
Facilities within new development.
SG LDP CST 1  - Coastal Development
SG LDP AQUA 1 – Aquaculture Development 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Annex A – Planning Process for Aquaculture Development
Annex B – Council Adopted Marine and Coastal Plans
Annex C – Responsibilities of Statutory Authorities in Relation to
Aquaculture Development
Annex D – Marine Planning Area for Aquaculture Development 
(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 3/2013. 
Scotland’s National Marine Plan (2015)
Scottish Planning Policy (2014)
Scottish Parliament Rural Economy and Connectivity Committee:
Salmon Farming in Scotland (November 2018)
Circular 1/2007 ‘Planning Controls for Marine Fish Farming’ 
‘A Fresh Start – the Renewed Strategic Framework for Scottish
Aquaculture’ (Scottish Government 2009)
Scottish Executive – ‘Locational Guidelines for the Authorisation of
Marine Fish Farms in Scottish Waters’ (updated March 2018) 
‘Argyll and Bute Economic Strategy 2019 – 2023
Rural Growth Deal
Impacts of lice from fish farms on wild Scottish sea trout and salmon: 
summary of science, Marine Scotland last updated 12 March 2021  
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The reporters have
written to Argyll and Bute Council regarding the Proposed Local Development Plan 2, which
is currently at Examination. Due to the status of the revised draft National Planning
Framework 4 the reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material consideration it is now
subject to this further assessment against NPF4 policies. Therefore, it considered
appropriate not to attach significant weight to PLDP2 policies during this time, i.e. until the
consequences of NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not received
objections and are not being dealt with at the Examination may continue as strong
material considerations, e.g. allocations and potential development areas. 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
The proposal falls within Schedule 2 and is EIA Development. 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No (if Yes provide summary detail of PAC below) 
No the proposal falls within Schedule 2 and is EIA Development.
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☒Yes ☐No 
In deciding whether to exercise the Council’s discretion to allow
respondents to appear at a discretionary hearing, the following
are of significance:
 How up to date the Development Plan is, the relevance of
the policies to the proposed development and whether the
representations are on development plan policy grounds
which have recently been considered through the
development plan process. 
 The degree of local interest and controversy on material
considerations together with the relative size of community
affected set against the relative number of
representations, and their provenance. 
The current Local Development Plan was approved in 2015. 
NPF4 which was approved this year contains a similar criteria
based approach in relation to aquaculture applications.  It is
considered that the development plan is up to date.
At the time of writing this application has attracted 232
objections, 2 representations and 45 expressions of support. 
Objection has been raised by the Argyll District Salmon Fishery
Board and Tarbert and Skipness Community Council in their
capacity as a statutory consultees. Fisheries Management
Scotland and the Clyde Fishermen’s Association were also
consulted and have objected.  Given the level of interest in the
application and the complexity of the issues raised, it is
considered that there would be merit in holding a pre-
determination Hearing to allow Members consider the site,
question participants and consider the arguments on both
sides in more detail.  It is the view of officers that this would
add value to the decision-making process. 
(P)(i) Key Constraints/Designations Affected by the Development:
 Ailsa Craig SPA
 Endrick Water SAC 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(P)(ii) Soils
Agricultural Land Classification:  N/A
Peatland/Carbon Rich Soils Classification: N/A 
Peat Depth Classification: N/A  
Does the development relate to croft land? N/A
Would the development restrict access to croft
or better quality agricultural land?
N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
N/A 
Does the proposal include any replacement or
compensatory planting?
N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application
(tick all relevant boxes)
N/A 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 (tick all relevant boxes)
N/A
ABC LDP 2015 Allocations/PDAs/AFAs etc: N/A 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
This planning application is for the siting and operation of a new salmon fish
farm.  The site is located within the Kilbrannan Sound 800m north of Cour Bay
and 1km south of Crossaig.  The fish farm would comprise of twelve, 120 metre
circumference pens in a 2 x 6 grid.  A feed barge is also proposed which would
be located in the middle of the grid.  The site would be service by sea from the
existing shore base a Carradale Harbour. 
This proposal is EIA Development and the determination of this application is
also subject to the Town and Country Planning (Environmental Impact
Assessment) (Scotland) Regulations 2017.  There is a requirement to examine
the environmental information submitted and reach a reasoned conclusion on the
significant environmental effects of the proposal.  In this respect the following
have been taken into account when reaching a recommendation: 
The EIAR (2020) report and appendices submitted on 29/7/20;
The EIAR Addendum:  Human Health, dated December 2021;
The Environmental Management Plan dated December 2020;
The consultation responses from Marine Scotland Science, NatureScot, SEPA,
Argyll District Salmon Fishery Board, Historic Environment Scotland, Northern
Lighthouse Board, West Highland Anchorages and Moorings Association, Clyde
Fishermen’s Association, Fisheries Management Scotland, Royal Yachting
Association, North Ayrshire Council, NHS Highland, East Kintyre Community
Council, Tarbert and Skipness Community Council, Argyll and Bute
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Environmental Health, Argyll and Bute Local Biodiversity Officer and Argyll and
Bute Marine and Coastal Development Policy Officer;
Representations received. 
The recommendation on this application has been guided by the conclusions of
the EIAR and the proposal has been assessed against the polies of the adopted
Development Plan with particular regard to the policies of NPF4 and to the
criteria based approach of the aquaculture supplementary guidance policy AQUA
1 as well as other material considerations and policies within the plan. 
The main determining issues in the assessment of this application are seascape,
landscape and visual issues, effects on the setting of Cour House, effects on
priority habitats and species including internationally designated sites, wild fish
interactions including sea lice and containment, implications for commercial and
recreational marine activity, general amenity issues and economic impact. 
The issues relating to this application have taken a long time to resolve, primarily
due to delays incurred in relation to concerns raised associated with the impacts
of fish farm bath medications and the effects on human health on those entering
the water especially in relation to wild swimming. 
The Scottish Salmon Producer’s Organisation (now Salmond Scotland), a body
that represents companies farming salmon in Scotland, commissioned a report to
investigate this issue.  A large part of the delay was incurred in relation to the
time taken to produce this report and for the planning authority to receive a
consultation response from NHS Highland. 
A large number of representations have been received (at the time of writing 232
objections, 45 support and 2 representations) and there have also been
objections from consultees. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal is considered to be consistent with the relevant provisions of the
Development Plan and there are no other material considerations of sufficient
significant to indicate that it would be appropriate to withhold planning permission
having regard to s25 of the Act. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No (If yes provide detail below)   
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Author of Report: Sandra Davies Date: 09/05/2023 
Reviewing Officer: Peter Bain Date: 12/05/2023 
Fergus Murray
Head of Development & Economic Growth 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 20/01345/MFF 
Standard Time Limit Condition  (as defined by Regulation) 
Additional Conditions  
1. The development shall be implemented in accordance with the details specified on
the application form dated 29/7/20, the Environmental Impact Assessment Report
dated 2020 (and subsequent addendum); and, the approved drawings listed in the
table below 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 (as amended). 
The developer and subsequent operator(s) shall at all times construct and operate
the development hereby permitted in accordance with the provisions of the
Environmental Statement accompanying the application with mitigation measures
adhered to in full, and shall omit no part of the operations provided for by the
permission except with the prior written approval of the Planning Authority. 
Plan Title. Plan Ref. No. Version Date Received
Location Plan 1 of 12 - 25/8/20
Supplementary
Location Plan
2 of 12 - 25/8/20
Site Coordinates 3 of 12 - 12/8/20
Plans and
Elevations
Typical Pen
Design Top Net
Support
4 of 12 - 12/8/20
Feed Barge 5 of 12 - 25/8/20
Underwater
Lighting
Technical Sheet
6 of 12 - 25/8/20
Plans and
Elevations
Typical Net
Design
7 of 12 - 12/8/20
Plans and
Elevations
Typical Mooring
Design
8 of 12 - 12/8/20
Plans and
Elevations -
Proposed Site
Configuration
9 of 12 - 12/8/20
Plans and
Elevations
10 of 12  12/8/20
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Typical Pen
Design
Admiralty Chart
Extract
11 of 12  25/8/20
Site Plan 12 of 12  25/8/20 
Reason: For the purpose of clarity, to ensure that the development is constructed and
operated in the manner advanced in the Environmental Impact Assessment Report,
upon which the environmental effects of the development have been assessed and
determined to be acceptable. 
2. The development hereby approved shall not be operated other than with a biomass of
2475.54 tonnes or less. 
Reason:  The environmental effects of this proposal have been assessed against this
maximum biomass.  
3. Notwithstanding the details given in the Predator Mitigation 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. The use of ADDs would be
regarded as a material change to the proposal. 
4. The site shall not be stocked until the wild fish monitoring plan has been agreed which
shall include a requirement to monitor the juvenile salmon population in coastal waters
within a zone of 30km from the Management Area. 
Reason: In the interests of nature conservation. 
5. As part of the end of cycle review, to be undertaken no later than 6 weeks prior to the
end of the growth cycle, the site shall not be restocked until the review has been
agreed by Argyll and Bute Council in consultation with NatureScot. 
Reason:  In the interests of nature conservation. 
6. 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. 
7. The pole mounted top net system hereby approved shall be as noted below unless
otherwise agreed in writing with the planning authority in consultation with NatureScot: 
Height (m)
Perimeter Pole Support Maximum height of 5m above the water
surface 
Mesh Size (mm)
Sidewall netting from the bottom to 2m
height
25
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Ceiling net panel and remaining sidewall
netting
100
Colour Dark grey to black 
This shall be subject to review, underpinned by systematic monitoring.  The Planning
Authority shall be immediately notified in the event of emergence of patterns of
entanglement or entrapment of marine birds. 
Reason:  To minimise the risk to all bird species and to ensure that there are no
significant effects on the qualifying interests of the Ailsa Craig Special Protection Area.   
8. The proposal shall be undertaken strictly in accordance with the following criteria:
(a) Operators shall maintain daily records of wildlife entanglement / entrapment
using a standardised proforma 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:  In order to ensure that there are no significant effects on the qualifying
interests of the Ailsa Craig Special Protection Area.  Gannet have an extensive
range and would have the potential to become entangled in nets. 
9. The site shall be operated, monitored and managed in accordance with the
Kilbrannan Sound Environmental Management Plan (EMP) attached to the planning
portal on 22 December 2022 and 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. 
10. The site shall be operated in accordance with the North Kilbrannan Sea Lice
Management and Efficacy Report dated 2020 or any subsequent updates of this
document which shall be submitted to and approved in writing by the planning
authority. 
Reason: In the interests of nature conservation. 
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11. The site shall be operated in accordance with the North Kilbrannan Containment and
Escapes Contingency Plan dated 2020 and the North Kilbrannan Inspection and
Maintenance Schedule 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 order to minimise the risk of escapes in the interests of nature
conservation. 
12. 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. 
13. The finished surfaces of all equipment above the water surface, excluding the feed
barge, but inclusive of the 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 recessive colour in
accordance with the details provided in the EIAR unless otherwise agreed in
advance in writing by the planning authority.   
Reason: In the interest of visual amenity. 
14. 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. 
15. Prior to the commencement of development a further 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. 
16. Prior to the commencement of development, a communications and monitoring plan
in relation to the use of bath medications shall be submitted to and approved in writing
by the Planning Authority.  This shall detail the method by which other marine uses
shall be informed of general safety information that should be considered by water
user when in the vicinity of the farm, including when bath medications are being
actively use at the site.  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
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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 used at the site.  The Communications Plan shall be informed  by the
conclusions of the supporting information “Assessment of 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: In order to inform marine users of potential risks to human health in the
vicinity of the fish farm. 
17. No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended water supply and system required to serve the
development has been submitted to and approved by the Planning Authority. 
Reason: In the interests of public health and in order to ensure that an adequate water
supply in terms of both wholesomeness and sufficiency can be provided to meet the
requirements of the proposed development and without compromising the interests
of other users. 
18. The Noise Rating Level attributable to the operation of the approved fish farm
operation shall not exceed background noise levels by more than 3dB(A) at any
residential property measured and assessed in accordance with BS4142:2014.   
Reason: In order to protect the amenities of the area from noise nuisance 
NOTE TO APPLICANT 
 The use of sub-sea anti-predator nets requires consent from NatureScot. 
 The applicant shall make the following commitments to SSEN as detailed in MOWI’s
letter of 12/11/20 Scottish Hydro Electric Transmission plc in relation to their sub sea
cable. 
 The Aquatic Animal Health (Scotland) Regulations 2009 requires the authorisation of all
Aquaculture Production Businesses (APBs) in relation to animal health requirements for
aquaculture animals and products thereof, and on the prevention and control of certain
diseases in aquatic animals.  The authorisation procedure is undertaken on behalf of
the Scottish Ministers by the Fish Health Inspectorate (FHI) at Marine Scotland Marine
Laboratory.   To apply for authorisation for an APB or to amend details of an existing
APB or any site that an APB is authorised to operate at, you are advised to contact the
FHI as follows:  Fish Health Inspectorate, Marine Scotland Marine Laboratory, 375
Victoria Road, Aberdeen AB11 9DB Tel: 0131 244 3498; Email: ms.fishhealth@gov.scot 
 All marine farms, whether finfish, shellfish or algal, are required to apply for a marine
licence under Part 4 of the Marine (Scotland) Act 2010. To apply for a marine licence,
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or to amend details of an existing marine licence (formally Coast Protection Act 1949 –
Section 34 consent), please visit the Scottish Government’s website at
http://www.gov.scot/Topics/marine/Licensing/marine/Applications where application
forms and guidance can be found.  Alternatively you can contact the Marine Scotland
Licensing Operations Team (MS-LOT) by emailing MS.MarineLicensing@gov.scot; or
calling 0300 244 5046. 
 The Northern Lighthouse Board has recommended the following:
The site should be marked with 2 lit yellow poles fitted with yellow “x” topmarks;
The lights should display a character of flash  one yellow every five seconds (Fl Y 5s)
with a nominal range of 2 nautical miles and be installed above the “x” topmark.
The poles should be positioned at the Northwestern and Northeastern seaward
corners of the cage group.
Each light should be 1 metre above the site equipment handrails and installed to be
clearly seen by vessels approaching from all navigable directions.
Poles should be greater than or equal to 75mm diameter, the “x” topmark should be
greater than or equal to 75cm length by 15 cm width.
The feed barge should exhibit an all-round fixed white light with a nominal range of 2
nautical miles from a point at least 1 metre above any other obstruction.
A weekly check of the site’s marking equipment shall be performed, and records kept
of its physical and working status for audit purposes.
outlying anchor points should not be marked with buoys, unless specifically requested
by local users, and alternative means to locate anchors should be utilised.
Loose floating lines around site equipment are strongly discouraged as this can cause
serious safety implications for other mariners.
Upon completion of the works, ‘as-built’ plans should be provided to the UK
Hydrographic Office to enable the update of navigational publications. 
 In the event of an escape, the company should liaise with Argyll and Bute Council’s
Environmental Health service. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  20/01345/MFF 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
The proposed fish farm is located in the Kilbrannan Sound at a distance of c.175m from
the shoreline, 11km to the north of Carradale, 800m north of Cour Bay and approximately
1km south of Crossaig. The proposal would comprise 12 no. 120m circumference pens
arranged in a 2 x 6 grid supported by a 75m mooring matrix and a feed barge (450 tonnes). 
The feed barge would be located at the middle of the grid between the pens and the land. 
The submerged nets will be 12 metres deep and the pole supported top nets will be 5-5
metres high.  The site would be serviced from the existing shore base at Carradale. 
2. Planning Policy 
The Development Plan for the determination of this planning application comprises
National Planning Framework 4 (NPF4), adopted February 2023, and the Argyll and Bute
Local Development Plan, adopted 2015.  NPF4 is based around six overarching spatial
principles which the proposed development should align with.  These are: 
 Just transition;
 Conserving and recycling assets; 
 Local living;
 Compact urban growth;
 Rebalanced development;
 Rural revitalisation. 
Not all of these principles will be relevant to every development and in relation to the
current proposal it is considered that just transition, rural revitalisation, local living and
rebalanced development would apply.  In terms of rural revitalisation, NPF4 supports
development that helps retain and increase the population of rural areas in Scotland. 
The following NPF 4 polices are considered relevant to the proposal: 
Policy 1 – Tackling the Climate and Nature Crises – This policy requires significant weight
to be given to the global climate and nature crises. 
Policy 2 – Climate Mitigation and Adaptation – This policy aims to promote and facilitate
development that minimises emissions and adapts to climate change. 
Policy 3 – Biodiversity – This policy seeks to protect biodiversity, reverse biodiversity loss,
deliver positive effects from development and strengthen nature networks through nature
based solutions.  NPF 4 explicitly advises that part (b) and (c) of this policy do not apply
to aquaculture developments. 
Policy 4 – Natural Places – This policy aims to protect, restore and enhance natural assets
making best use of nature based solutions. 
Policy 7 – Historic Assets and Places – This policy seeks to protect historic environment
assets and places/
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Policy 12 – Zero Waste – This policy encourages, promotes and facilitates development
that is consistent with the waste hierarchy. 
Policy 23 – Health and Safety – This policy seeks to protect people and places from
environmental harm, mitigate risks arising from safety hazards and encourage, promote
and facilitate development that improves health and wellbeing.   
Policy 25 – Community Wealth Building – This policy seek to encourage, promote and
facilitate a new strategic approach to economic development that also provides a practical
model for building a wellbeing economy at local, regional and national levels. 
Policy 29 – Rural Development – This policy encourages rural economic activity,
innovation and diversification whilst ensuring that the distinctive character of the rural area
and the service function of small towns, natural assets and cultural heritage are
safeguarded and enhanced. 
NPF4 also contains 33 policies a number of which will apply to marine fish farms, however, 
prime policy for aquaculture is Policy 32.  This policy seeks to “encourage, promote and
facilitate aquaculture development and minimise any adverse effects on the environment
including adverse impacts”.  This policy seeks to achieve new aquaculture development
in locations that reflect industry needs and considers environmental impacts, producers
who contribute to communities and local economies, prosperous finfish, shellfish and
seaweed sectors while safeguarding migratory fish species. 
In order to safeguard migratory fish species, this policy does not support further salmon
and trout open pen fish farms on the north and east coasts of mainland Scotland.  The
policy also requires proposal to accord with the LDP, National Marine Plan and where
relevant the Regional Marine Plan.  The policy then goes on to define the operational
impacts which require consideration along with potential impacts which need to be
assessed and mitigated. 
Policy 32 also clarifies that where open water farmed finfish are being considered the
requirements of policy 3b and 3c are not required and instead the relevant provisions from
the National and Regional Marine Plans should apply.   Policy 32 requires the
consideration of a set of criteria which are similar to those covered the LDP aquaculture
policy. These criteria are considered in full below under the Council’s LDP aquaculture
policy. 
Policy 1 (Sustainable Places) of NPF4 requires that when considering development
proposals significant weight is given to the global climate and nature crises.  The EIAR
supporting this application considered the environmental consequences of this proposal
and concludes that the proposed development at the scale proposed could operate with a
minimal negative impact on the environment subject to the adoption of identified mitigation. 
The proposal benefits from general support from the Scottish Government’s National
Marine Plan and from NPF4 which together recognise the contribution of the aquaculture
sector to the rural economy and which seek to support sustainable economic development.
The National Marine Plan and NPF4 both support marine fish farming where it can take
place in environmentally sustainable locations, where it does not exceed the carrying
capacity of the water body within which it is to be located, and where it does not give rise
to significant adverse effects upon nature conservation, wild fish, historic environment or
other commercial or recreational water users. 
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LDP Supplementary guidance SG LDP AQUA 1 – Aquaculture Development provides a
general framework against which fish farm applications should be considered, along with
other relevant LDP policy and SG. 
The following Local Development Plan provisions are applicable to this development: 
Policy LDP STRAT 1 – Sustainable Development supports the presumption in favour of
sustainable economic development established by Scottish Planning policy and lends
weight to aquaculture developments unless there are environmental considerations which
outweigh this presumption. 
Policy LDP DM 1 – Development within the Development Management Zones – Land
adjacent to the site is designated as ‘countryside’ zone. 
Policy LDP 3 – Supporting the Protection, Conservation and Enhancement of our
Environment – seeks to control development in a manner which protects, conserves or
where possible enhances the built, human and natural environment. 
Policy LDP 5 – Supporting the Sustainable Growth of Our Economy – requires regard to
be had to economic benefit and the spatial needs and locational requirements of business
sectors. 
Policy LDP 9 – Development Setting, Layout and Design – requires that regard should be
had to the setting of developments, the sensitivity of the receiving environment and the
need to secure appropriate forms of scale, design and appearance.
Supplementary Guidance SG LDP AQUA 1 – Aquaculture Development stems from 
Policy LDP 5 which identifies aquaculture as a key economic sector in Argyll & Bute.  It
sets out criteria against which the locational and operational characteristics of a
development require to be assessed. Proposals are to be supported if direct, indirect or
cumulative significant effects are avoided, or adverse effects can be minimised or
mitigated by operational measures. 
Whilst not part of the Development Plan, the Council as a public body is required to take
authorisation decisions in accordance with the National Marine Plan (NMP) as the
proposal extends into the marine environment, unless relevant considerations indicate
otherwise.  The proposal should be consistent with general policies of the NMP including: 
GEN 1 – General planning principle;
GEN2 – Economic benefit;
GEN 3 – Social benefit;
GEN 4 – Co-existence – requires consideration that may occur and the likely effect of
interaction between inshore commercial fisheries (loss of fishing ground) and marine and
coastal recreational activities.
GEN 5 Climate change;
GEN7 – Landscape/seascape;
GEN 9 – Natural Heritage
GEN 10 – Invasive non-native species;
GEN 11 – Marine Litter;
GEN 12 – Water Quality and Resource;
GEN 13 – Noise. 
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NPF4 Policy 32 refers the National and Regional Marine Plan and notes that proposals
will be supported where they comply with the relevant plans.  The criteria noted within the
NMP policies above are also covered within the Development Plan policies. 
Beyond development plan considerations, in determining the application regard has to be
had to the Council’s’ Economic Development Action Plan which identifies aquaculture as
an important contributor to the local economy, and to national government economic and
sectoral policy, the stated intention of which is to seek to expand the finfish sector
substantially to meet internal and export demands and to help sustain direct and indirect
employment in rural areas.  In addition, one of the proposals contained within the Rural
Growth Deal for Argyll and Bute relates to a vision for Argyll and Bute to be the leading
region for innovation in marine aquaculture in Scotland, UK and globally, by underpinning
sustainable, inclusive business growth through investment in world class marine science
and technology.  This includes a commitment to a Marine Industry Needs Assessment.
This study will provide the evidence base for industry needs to inform future investment
outcomes and the potential options available to deliver these outcomes. This will assist in
identifying the key priorities for Rural Growth Deal investment and where this should be
targeted to support sustainable growth of this sector and set out in the business case for
consideration and approval by SG. 
3. Assessment Against Policy Criteria 
Assessment of the proposal in this case will primarily be against the criteria set out in
sector specific policies of NPF 4 Policy 32 and SG LDP AQUA1 and other relevant
Development Plan policies. There is a requirement to consider the locational and
operational characteristics of the development against each of the specified criteria with
the presumption that proposals will be supported where: 
- Direct, indirect or cumulative significant adverse effects on the criteria are
avoided in relation to the locational characteristics of the development (this would be
relevant in this case in terms of the impact of the development upon nature
conservation designations, for example); 
- The applicant can demonstrate that the level of risk of potential impacts on
criteria relating to the operation of the site can be effectively minimised or mitigated
by appropriate operational measures (this would be relevant in this case to the impact
of the operation of the development upon wild fish interests); 
- Proposals are consistent with other local and national policies and guidance 
The eight development criteria set out in SG LDP AQUA 1 which align with the
requirements of NPF4 Policy 32 are reviewed in the sections below along with the
consideration of other relevant policies contained within the development plan. 
1) Landscape / Seascape and Visual Amenity 
An LVIA has been included within the EIAR.  The proposal would introduce a new fish
farm in a new location and the implementation of this development may have landscape
and visual effects.  The LVIA notes that the key issues which could arise from the
development include:
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 Potential effects on the landscape and seascape character of the Cour, Crossaig and
Claonaig areas, as well as the landscape and seascape character of the Arran
coastline opposite, from Pirnmill to Lochranza;
 Potential effects on the North Arran NSA;
 Potential effects upon the Arran Northern Mountains SSSI;
 Potential effects on nearby settlements and views from habitation;
 Potential effects on views from passing craft within Kilbrannan Sound;
 Potential effects on existing recreation trails and routes passing alongside and in
proximity to the coastline both on Kintyre and along the Arran coast;
 Potential compliance, in terms of Landscape and Visual impact, with national, regional
and local planning policy as interpreted by the ABC Local Plan and Scotland’s National
Marine Plan;
 Potential for cumulative impacts with other development and land management in the
area. 
The development would be located off the east side of the Kintyre peninsula which in
landscape terms is characterised within “Landscape Assessment of Argyll and Firth of
Clyde” (SNH 1996) as being large scale mosaic of moorland and forestry plantation”, with
the character of the coastal fringe becoming more intricate and smaller scale with a variety
of distinct character areas defined by undulating topography and crenulated coastline.  To
the ease the narrowing of the Kilbrannan Sound and views towards Ailsa Craig are
defining landscape features. 
The proposed fish farm would be located off a small promontory named Rubha Riabhach
which is located beyond a rocky shoreline.  The site is theoretically visible to a wide extent
from both the north and the south with the views to west curtailed by the promontory. 
There are clear views from the Kilbrannan Sound and distant views from the Isle of Arran. 
The EIAR notes that the location of Rubha Riabhach is remote from residential properties
and outwith sightlines of adjacent Crossaig and Cour.  It is further notes that the coastline
of Arran is sufficiently far away to diminish views. 
The B842 runs north from Campbeltown to Cloanaig.  This is a single track road which
moves in and out from the coastline due to topography.  In places there are elevated
views across the Kilbrannan Sound toward Arran and Ailsa Craig.  The road is also
designated as long distance cycle path (NCN 78) and core path. The closest dwellings to
the proposed fish farm can be found at Cour and Crossaig at distances between 1km and
1.5km. 
The site is not located close to or within any landscape designations on the Kintyre side,
however, the site lies opposite the North Arran National Scenic Area designated for the
scenic quality of the dramatic peaks and its contribution to the landscape setting of the
Firth of Clyde and scenic enjoyment of Kintyre.  In terms of the adopted Local Plan, the
land which would run parallel to the fish farm is designated as countryside.
The EIAR notes that the land and shore in the vicinity of the fish farm does not lend itself
to recreational access.  There is not promoted access and the shoreline is rocky.  The
long distance cycle route and core path is set further back at this point with potential views
from the north and south approaches.   
In terms of landscape impact, five key Landscape, Coastal and Seascape Character
Areas with intervisibility to the proposed site, and as identified within the Seascape /
Landscape Character Assessment for the Firth of Clyde, the SNH Landscape Character
Assessment and key SNH aquaculture guidance, have been used as landscape
receptors. 
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The SLVIA notes that the key seascape and landscape characteristics of the area are the
remote and indented coastline, the narrowing of the Kilbrannan Sound and proximity to
Arran, where the low hills of Kintyre contrast with the drama of the rugged Arran skyline.
The gentle landscape of the area and clustered settlement pattern, with strong links to the
sound and rich historical influence, create a landscape with unique character and
attraction. The section of coast within the locality contains relatively fewer landscape
features than surrounding coastline, with existing industrial infrastructure which impacts
upon the positive character of the area. 
To aid the evaluation of visual effects, fourteen viewpoints were selected as part of the
SLVIA.  These are noted below along with their sensitivity and the level of significance: 
Viewpoint Sensitivity Level of Significance
1. Grogport Old Manse
Dun – Scheduled
Ancient Monument
(SAM) 
High Negligible
2. B842: south;  High Moderate to Major
3. Cour House
(category A listed); 
Moderate to High Moderate
4. B842: adjacent Moderate to High With woodland screening
No Effect, Moderate to
Major with woodland
removed.
5. B842: north;  High Moderate
6. Claonaig slipway;  High Negligible
7. Claonaig to
Lochranza ferry
crossing; 
High Negligible
8. Kilbrannan Sound
north; 
Moderate to High Moderate to Major
9. Kilbrannan Sound
south; 
Moderate to High Moderate to Major
10. Pirnmill Former Free
Church beachfront; 
High Negligible
11. Thundergay beach;  High Moderate
12. Core Path AR81
Coirein Lochan; 
High  Moderate
13. Catacol;  High Negligible
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14. Newton Point
Viewpoint. 
High Negligible on clear and still
days with potentially No
Effect at other times. 
The visual effect of the proposal range between No Effect and Moderate to Major.  The SLVIA
concludes that the most significant visual effects were views from the B842 /NCN Cycle Route
78 / Core Path Campbeltown to Claonaig.  Here there were Moderate to Major levels of
significance due to the high sensitivity of the viewpoints and the scale of the proposal within
the view albeit a passing view on a recreational route. 
Viewpoint 4 was assessed as having No Effect prior to intervening forestry being felled.  As
this forestry has now been felled there will be clear views of the site from this viewpoint.  As a
result of the felling the applicant’s landscape consultant has provided further clarification on
this viewpoint.  It is noted that this is not a promoted view and it would be experienced both
as a passing view and somewhere where people will stop on an informal basis by car or as a
rest point for cyclists and walkers.  The view which would contain the fish farm cages would
be part of a much larger panorama, the majority of which would remain unaffected.  The
applicant’s landscape consultant considers that the removal of the conifer plantation would
not change the character assessment or the overall determination of the SLVIA. 
The SLVIA has also considered potential cumulative effects with the proposed High
Constellation wind farm.  This site boundary of the windfarm is located 0.8km to the east of
the proposed wind farm and 3.2km to the nearest turbine. Limited intervisibility and presence
of existing similar infrastructure between the two developments resulted in a determination of
no cumulative seascape and landscape effects, but with potential for cumulative effects during
construction phases. 
Overall the SLVIA report concludes that 
“the area of proposed development is within an attractive landscape and seascape area, but
with detracting factors which lower sensitivity and enable the development of proposals to be
undertaken without major adverse effects being encountered. There are key areas of
recreational resource, and hotspots of high sensitivity along the Kintyre coast, and within these
areas there are higher levels of impact determined, but this is well contained to minimise
overall levels of significance. The siting of the proposed fish farm is appropriate to context,
maintaining integrity of the key characteristics of the area to sufficient levels. The highly
sensitive coastline of north Arran is protected from unduly high levels of adverse effects, with
sufficient distance across the Sound and sufficient interest and engagement within the wider
landscape and seascape. 
This SLVIA concludes that, with adherence to mitigation, the proposals conform to the Argyll
and Bute Local Development Plan and to wider marine planning guidance, with a good
proportion of acceptable levels of impacts within the Cour area.” 
Officers would concur with this view and consider that the seascape, landscape and visual
impacts of the proposal would be acceptable in terms of NPF4 policies 4 and 32 and LDP
policies AQUA 1, LDP 3, SG LDP ENV 12 and SG ENV 14. 
2) Isolated Coast and Wild Land 
There are no areas of wild land which would be impacted on the proposal.  The proposed fish
farm would be located adjacent to land designated as countryside and therefore not adjacent
to isolated coast.  The proposal does not conflict with the development plan on this issue
including NPF policies 4 and 32. 
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3) Historic or Archaeological Sites and their settings 
At the scoping stage of this development Historic Environment Scotland (HES) advised that
there were no heritage assets within their remit located within the site area or its vicinity.  It
was therefore suggested that these issues could be scoped out of the EIAR.  However, the
Council identified that there may be impacts on the category A listed Cour House and that this
should be considered within the EIAR.  The assessment concluded that there were no features
of cultural heritage importance within 2km of the site.  The A listed Cour House is located
approximately 1.6km from the proposed site and the EIAR has concluded that there will only
be a small proportion of the site visible at an oblique view with only a limited change to the
overall view.  It was concluded that this would lead to small adverse effects and moderate
levels of significance.  Due to the location of the farm north of Cour Bay and the screening
provided by the headland of Rubha Riabhach officers would concur with this view and are of
the opinion that the proposal would not have an unacceptable effect on the listed building or
its setting.  This view is supported by the HES consultation response to this application which
advises that due to the limited visibility in views from Cour House, significant impacts on the
setting are unlikely. 
In terms of Policy 7 of NPF4, the proposal would not affect any Historic Marine Protected
Areas. 
Taking account of the above, it is not considered that the expansion of the fish farm in this
location would have an adverse impact on the setting cultural heritage assets and therefore
the proposal would not conflict with NPF4 policies 7 and 32 and LDP policies LDP 3, LDP 5,
SG LDP AQUA 1 and SG LDP ENV 16(a). 
4) Priority Habitats and Species (including wild migratory salmonids) and
designated sites for nature conservation 
NatureScot has advised that the proposal is likely to have significant effect on the qualifying
interests of the Ailsa Craig SPA and Endrick Mouth SAC.  In these circumstances Argyll and
Bute Council, as competent authority, is required to carry out an appropriate assessments in
view of the sites’ conservation objectives for their qualifying interests.  The appropriate
assessments are contained within the appendix of this report.  The conclusions of this are that,
subject to the specified mitigation which are included as proposed conditions, the proposal will
not adversely affect the integrity of the sites.   
With regard to NPF4 – policies 3 and 4 in relation to impacts upon species or habitats of
conservation importance, including sensitive sites, the EIAR concluded that there were no
relevant designations near North Kilbrannan, however, two distant protected areas were
considered relevant, namely Endrick Water SAC and Ailsa Craig SPA.  Both of these sites
have been considered in Appropriate Assessments which are appended to this report. Both of
these conclude that the proposal can proceed subject to identified mitigation. 
The proposal would also be operated in accordance with an Environmental Management Plan
(EMP).  The aim of the EMP is to ensure that salmonid farming activity, within the Management
Area does not result in negative impacts to local salmon and sea trout populations and
fisheries.  Part of this process commits to improving the understanding of the relationship
between farmed salmon production and the health of wild salmonids.  This will include the
monitoring of lice burdens on wild fish and will include an adaptive management process which
takes account of scientific evidence on negative impacts on wild salmonids arising from
farming activity.  In relation to impacts on the SAC, NatureScot have advised that they are
satisfied the planning authority can conclude that appropriate measures are in place to ensure
that the farm will not compromise the conservation objectives of the Endrick Water SAC and
will not therefore result in an adverse effect on site integrity. 
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In addition, NatureScot advise that the proposal will not result in any significant impacts on
Priority Marine Features. 
Subject the requirement for mitigation these policies would not conflict with NP4 policies 3, 4
and 32 and LDP policies LDP 3, LDP 5 and SG LDP AQUA 1. 
5) Wild Fish Interactions  
The EIAR advises that there are four main local rivers that hold salmonid populations within
about 15km of the site.  These are Skipness River, Claonaig Water and Carradale Water on
the Kintyre peninsula and Iorsa Water and Machrie Water on the Isle of Arran.  Data shows
there has been a general reduction in salmon and grisle and sea trout catches with time in the
Carradale Statistical District.  In the Iorsa Statistical District any trends with time are less clear. 
It should be noted that the data is affected by a number of factors including the stocking of
salmon in Iorsa Water.  In 2020 Carradale Water, Iorsa Water and Machrie Water, for which
conservation assessments were available, had a salmon conservation grading of 3 meaning
that “exploitation is unsustainable therefore management actions required to reduce
exploitation” requiring mandatory catch and release.  The EIAR further cites the Argyll
Fisheries Trust report, Isle of Arran Rivers Project, Phase 2 of 2: Survey of Fish Populations
and Habitats 2008/2009 which noted that in western Arran catchment rivers (including Iorsa)
salmon fry abundances were generally low.  The conclusion of the report stated that “The
patch distribution of juvenile salmon is likely to be primarily due to population shrinkage as
consequence of low numbers of adult sea returns”.  The EIAR therefore concludes that the
vulnerability of the salmon and sea trout populations in the catchment area classify this
receptor as high sensitivity. 
a) Containment and risk of escapes 
Containment following Carradale Escape 
Following the mass fish farm escape in August 2020 during Storm Ellen, MOWI has advised
that a detailed root cause analysis was carried out which identified and informed a series of
remedial and improvement actions aimed at avoiding future similar events.  The escape was
caused by mooring line failure at the southern end of the pen group.  This was due to abrasion
when the feed barge mooring lines came into contact with pen grid mooring lines.  The actions
identified by MOWI are as follows: 
 A review of moorings analysis procedure and the introduction of an independent third
party verification process;
 Implementation of a programme to strengthen mooring lines at eight of MOWI’s most
exposed fish farms prior to winter 2020;
 Increase in the frequency and intensity of sub surface mooring inspections with the
most exposed farms receiving one ROV survey every 12 months;
 In combination with sub-surface mooring inspections MOWI have, at their most
exposed farming locations, increased the frequency and intensity of physical moorings
inspection pre- and post-winter, carried out by specialist moorings support vessels and
staff;
 Net and weighting system design at high energy farms has been improved and phased
implementation has begun; and
 Development of a dedicated equipment management system allowing a full overview
of technical equipment, site maintenance scheduling and servicing is progressing and
will be rolled out in due course. 
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North Kilbrannan would be the first new MOWI fish farm to be subject to these procedures and
supporting documents have been submitted covering these issues.  A condition is proposed
which requires the fish farm to adhere to these requirements. 
Assessment of the Effects of the Escape on Wild Salmon Populations 
Following the escape of salmon from Mowi Scotland’s Carradale North fish farm, Fisheries
Management Scotland, alongside Marine Scotland and funded by Mowi, established an
investigation and monitoring study to assess the effects of the escape on wild salmon
populations.  The first phase confirmed that 277 Atlantic salmon of farmed origin (verified
through scale reading) were caught in 17 rivers across Scotland and North-West England
during the autumn of 2020. The second phase, outlined in a report published by Marine
Scotland in December 2022, involved a genetic study of juvenile salmon obtained from rivers
in areas of Scotland and England local to where escaped farm raised salmon were caught.
The results indicated that hybridisation of farmed and wild salmon following the escape
incident in August 2020 was limited to a single juvenile salmon from a total 5,281 wild fish
sampled and analysed. Although the single salmon was found to contain aquaculture-derived
ancestry, it could not be definitively traced to the escaped fish from the Carradale fish farm. 
b) Sea Lice Management 
Sea lice are ectoparasites belonging to the crustacean family. They have a complex life history
involving a free swimming stage searching for a host.  During subsequent growth phases, they
can move around the host and swim unanchored from it.  Two species can infect salmon; a
salmon specific species (Lepeophtheirus salmonis) and to a lesser extent a more generalist
species (Caligus elongates).  The intensity of infection at which sea lice become damaging
depends upon the size of fish, the species of sea louse and the residence time of lice to the
host. 
MSS advise that scientific evidence from Norway and Ireland indicates a detrimental effect of
sea lice on wild salmonid populations.  As fish farms result in elevated numbers of sea lice in
open water and therefore in some circumstances they are likely to have an adverse effect on
some populations of wild salmonids, however the magnitude of any such impact in relation to
overall mortality is not known.  Information from the west coast of Scotland suggests lice from
fish farming can cause a risk to local salmon and sea trout.  This information can be used to
give an idea of the relative risk to salmon and sea trout which is governed, and can be
mitigated by a number of factors, in particular the siting of the farm and its ability to effectively
control sea lice. 
This development has the potential to increase the risks to wild salmonids. 
The applicant is aware of these risks and has provided information on the sea lice
management strategy used by the company.  The location lies outwith the current Farm
Management Area (FMA) FMA M-47, but it is expected that this will be extended northwards. 
The applicant has advised that the three sites will be operated synchronously being stocked
at the same time with the same year class of fish and observing a synchronous fallow period. 
The EIAR contains a chapter in Interactions with Wild Salmonids and Annex 11 contains a
Sea Lice Management and Efficacy Statement.  The company operates an intervention level
of 0.5 adult female lice all year round where cleaner fish are stocked which is more stringent
than the Code of Good Practice (CoGP) for fin fish aquaculture.  A switch has also been made
from average counts across the farm and treatment of the whole farm to a focus on cage by
cage interventions at an earlier stage. 
Non medicinal methods of controlling sea lice are now favoured with cleaner fish having been
used at the Carradale sites since 2018.  Physical removal methods using hydrolicers and
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thermolicer are also available with several of each system being owner by the company.  The
company is also able to use freshwater treatments. 
The company would also have access to medications for use as bath treatments. 
In a consultation response in Aril 2023, Marine Scotland Science advised that in the most
recent production cycle within the Farm Management Area, numbers of adult female sea lice
at the applicant’s nearby Carradale site had remained below Marine Scotland’s reporting
levels since stocking in October 2021.  Towards the end of the production cycle sea lice levels
have risen above the CoGP suggested criteria intermittently. 
Wild salmon and trout are priority marine features, and having regard to the division of
regulatory responsibilities acknowledged in the National Marine Plan, and as part of its
biodiversity duty, the Council in its capacity as Planning Authority must assume responsibility
for the consideration of the implications of aquaculture development for the conservation of
these species. In considering aquaculture applications, the Council therefore has to satisfy
itself that there is both an effective and a consentable sea lice strategy identified, and that
there are controls in place to ensure that necessary steps are taken in the event that sea lice
levels prove not to be capable of being controlled in a satisfactory manner using the measures
identified at the application stage.  SEPA are currently in the process of devising a framework
which will regulate wild fish interactions but until such time as this is implemented, the planning
authority will continue to have responsibility for this issue. 
Marine Scotland’s Fish Health Inspectorate have the responsibility for regulating the health of
fish being produced on the farm, but this responsibility does not extend to the consideration of
the effects of fish farming upon wild fish; although Marine Scotland does provide wild fish
interaction advice to the Council to inform decision-making. SEPA are the regulatory body
responsible for licensing biomass permitted to be held on farms and for the permitted use of
chemicals, but the propagation of sea lice into the wider environment from within farms is not
currently considered as part of their licensing process. 
Marine Scotland’s Impacts of lice from fish farms on wild Scottish sea trout and salmon:
summary of science, last updated 12 March 2021states that “In view of uncertainties in
available information, it is not a straightforward task to ascribe impact from a single farm to a
specific wild salmonid population. When mitigating the risk posed to wild salmon and sea trout
from sea lice emanating from salmon farms, an approach is needed that relates control of lice
numbers on farms within a specified area to measured lice levels in the environment and
estimation of associated risk. Such adaptive management is a useful approach where
sustainable development of aquaculture is required.” 
In addition to the operation of a Sea Lice Management and Efficacy Statement, the applicant
will be required to operate the development in accordance with an Environmental
Management Plan (EMP).  Prior to SEPA taking over the responsibility for regulating this area,
this is currently the method by which sea lice are monitored and controlled in the interests of
wild salmonids.  The aim of the EMP is to ensure that salmonid farming activity within the
Management Area does not result in negative impacts to local salmon and sea trout
populations and fisheries.  The Kilbrannan Sound EMP which covers all of the MOWI fish
farms in the FMA states that this will be achieved by: 
 monitoring, 
 co-operation; and 
 adaptive management. 
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The EMP states that a key goal for the monitoring is to understand the relationship between
lice on farms in the Management Area and lice infections (and related mortality) on wild
salmonids and this will be achieved through the development of a science strategy that will in
four key components.  These are monitoring lice infection of wild salmonids, monitoring total
lice emissions from farming activity, the production of a lice connectivity model and acoustic
tracking studies to map smolt migration pathways. 
Since this application was submitted, the applicant has advised that wild fish monitoring has
commenced in relation to the Endrick Water SAC in advance of the determination of this
planning application in order to establish a base line position pre-development.  This will
enhance the existing fish monitoring in the water catchment by adding 53 new monitoring
locations (on the River Leven, Endrick Water and Blane Water).  This is focused on locations
where there is no information on wild fish population status.  The baseline monitoring
programme will extend over a 3-year period with 2023 being year 3. A report on data obtained
for year 1 (2021) has already been submitted to NatureScot with the reporting for year 2 (2022)
data presently under way. The full 3 years monitoring needs to be completed before
conclusions can be drawn, but the monitoring will fill in any gaps in knowledge and provide a
comprehensive, catchment wide assessment of the health of wild salmonid populations in the
Endrick SAC catchment providing a baseline position to monitor future change against (from
all pressures). 
In terms of cooperation, the EMP states that the operator will facilitate access for stakeholders
to observe farm lice counts.  The EMP also commits to information sharing including a
summary of lice counts at all stages.  There is also a commitment to notify stakeholders should
the sites in the Management Area breach CoGP level or the maximum sea lice load for the
area exceeds that set out in the Statement of Operation Practice.  The EMP also commits the
applicant to meetings with stakeholders at least twice per complete production cycle this will
also include provisions for discussion on the Endrick Water SAC. 
The adaptive management element of the EMP requires the operator to be responsive to
evidence of impacts on wild salmon populations from farming activity.  Where data generated
under this EMP suggests that farming activity in the Management Area is impacting on wild
salmonids or leading to elevated risk on SAC salmon populations, the operator shall take all
necessary management measures, including, if required, material changes to the operation of
farms in order to mitigate those impacts to so far as reasonably possible. 
The EMP also contains a requirement for an end of production cycle review meeting.  Where
monitoring evidence suggests a population regulating effect arising from sea lice, or impacts
arising from an escape are identified, appropriate management measures will be agreed.  The
operator will identify and deploy outcome-focused alternative management actions designed
to prevent any such impacts from occurring during the next production cycle.  Farms in the
area will not be re-stocked until the alternative management actions have been agreed by the
parties.  If impacts on wild fish are identified over consecutive production cycles, despite
management action having been deployed to mitigate those impacts, then further
management action will be required.  Such management action may include early harvest,
reduction in biomass at any appropriate sites or relocation of some production to a different
location. 
The EMP has been agreed between the applicant and the Argyll District Salmon Fishery
Board.  Marine Scotland Science has advised the planning authority that the EMP contains all
the required components. 
Taking account of the above, it is considered that the proposal would accord with NPF4
policies 3, 4 and 32 and LDP policies LDP 3, LDP 5, SG LDP ENV1, SG LDP ENV 2 and SG
LDP AQUA 1.
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6) Ecological Status of Water Bodies and Biological Carrying Capacity  
The site is located within ‘uncategorised’ waters under Marine Scotland’s Locational
Guidelines, which indicates better prospects of fish farm developments being acceptable in
environmental terms given the open situation, and the depth of water with unconstrained water
exchange. SEPA are responsible for controlling water column impacts via its CAR licensing
process and have confirmed that compliance with the CAR permit should ensure that the
production of fish at this farm will not breach SEPA’s environmental standards for protection
of the surrounding seabed and water column.   
With regard to NPF4 policy 3, policies 3b and 3c do not apply to open water fish farms.  The
requirements of polices 3a and 3d have been addressed within the EIAR.  In particular, chapter
10 of the EIAR considers the impact on the benthic environment.  This concludes that efficient
operational practices will keep the organic load to the benthic environment to a minimum.  No
Priority Marine Features (PMFs) or habitats where identified by video analysis and there are
no designations within the predicted area of benthic impact.  The modelling undertaken
indicated that the proposed development would be sustainable and within the requirements
set by SEPA.   
SEPA have advised that at CAR licence has been issued for this site, therefore, it is not
considered that the proposal would conflict with policy SG LDP ENV 7 which resists
development which would have a detrimental impact on the water environment.  The proposal
would also accord with policy SG LDP AQUA 1 and NPF 4 polices 3 and 32. 
7) Commercial and Recreational Activity 
The EIAR contains a chapter on navigation, anchorage, commercial fisheries and other non-
recreational maritime uses.  A fish farm uses up space on the sea that can obstruct or impede
the activities of other maritime users.  At the pre-application / scoping stage of this proposal
MOWI sought the views of the Council, Clyde Fishermen’s Association, the MOD and the
Royal Yachting Association.  The following non-recreational marine users and activities were
identified near North Kilbrannan: 
 Kilbrannan Sound is within a Military Exercise Area;
 The nearest port, harbour, marina or slipway is the Claonaig Ferry Terminal
approximately 7.2km away;
 There are no ferry routes near North Kilbrannan.
 Fishing effort and relative value of fishing in the area around the proposed site are
medium.  Most of the fishing effort and value are concentrated over the other side of
Arran in the Firth of Clyde. 
The impacts on navigation, commercial shipping and fisheries were assessed in the EIAR by
accessing publicly available data and through consultation. Commercial shipping was
assessed as a low sensitivity receptor due to the low frequency of transits through the area. 
The location of the farm outwith the main route through the Kilbrannan Sound indicates that
the magnitude of impact would also be low.  Therefore the overall impact on commercial
navigation is assessed as minor. 
Recreational shipping has also been assessed as a low sensitivity receptor.  Similar to
commercial shipping, due to the farm being located outwith the main route through the Sound,
the magnitude of impact would also be low.  Therefore the overall impact on recreational
navigation is assessed as minor.
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In terms of commercial fisheries, the key impacts associated with the proposal are identified
within the EIAR as being: 
 The physical displacement of fishing activity from the area;
 Impacts arising from the depositional footprint of carbon and infeed residues;
 Impacts on navigation and safety arising from additional infrastructure. 
Data from Marine Scotland NMPi indicates that most commercial fishing vessels in the area
operate in the Firth of Clyde with an average of 14 to 20 vessels operating in the Kilbrannan
Sound. 
The EIAR concludes that commercial fisheries populations are classified as a low sensitivity
receptor in terms of economic value due to the existing low commercially viable marine
populations identified.  The number of fishing vessels is also low, therefore the overall
significance on commercial fisheries is assessed as minor. 
The Clyde Fishermen’s Association were consulted on this application and have objected on
a number of grounds including the loss of fishing grounds to indigenous fishermen.  They
contend that this particular area will take away safe fishing grounds for prawn fishing.   
The Council’s Marine and Coastal Policy Officer has noted that ScotMAP data (Oct 2020)
shows that the marine area of the farm is of low-medium value for nephrops / crab creel and
trawl fishing.  She has further noted that the moorings area which would extend to 30.6 ha
might interact with fishing activity and could be considered significant, however it was
concluded that no significant environmental effects were considered likely in relation to risk to
navigation and anchorages and other marine users. 
The MOD were consulted through the EIAR process and advised that there were no objections
regarding this activity in the location specified. 
Taking account of the above, it is considered that there may be some impacts on commercial
fishing, taking account of the conclusions of the EIAR and consultation responses, it is not
considered that these would be of a significance that would provide a sustainable reason for
the refusal of the application. 
It is therefore considered that the proposal would accord with the development plan on this
issue, namely NPF4 policy 32 and LDP policies LDP 5 and AQUA 1. 
8) Amenity issues arising from operational effects (waste, noise, light and
colour) 
The EIAR contains a chapter which considers noise.  Potential receptors to noise impacts
were identified within a 1km buffer from the proposed farm site.  No high sensitivity receptors
were identified and potential receptors included occasional walkers associated with the
coastline, recreational users (boats/kayakers) and fishing boats.  Other marine users include
yachts and power boats.  No stationary receptors were identified.  The receptors were
assessed to be of low sensitivity and the magnitude of the impact was assessed to be minor
resulting in an overall minor impact. 
The EIAR contains a Chapter on waste management (non-fish).  This details the nature of
waste generated at a fish farm and classifies how it is managed.  It is noted that waste
management processes are currently certified under ISO 14001 which is an environmental
management certification.  This chapter also states that MOWI is committed to reducing waste
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and makes efforts to re-use and repair equipment where possible.  Whilst a Waste
Management Plan has been submitted as an Annex of the EIAR, a further condition is
recommended in order to allow the planning authority to fully consider the applicant’s
proposals for the storage, separation and collection of waste including proposals for uplift
where fish farm equipment has become detached from the site. 
The Council’s Public Protection service have requested that a condition be applied to require
further details of the fresh water supply which will serve the proposed feed barge.  The
applicant has advised that they would be happy with such a condition and have advised that
the proposed feed barge would be of a modern design which will ensure a safe working
platform for staff.  There will be no provision for overnight accommodation for staff.  In terms
of welfare facilities and water provision, he feed barge design will include integral water
storage tanks which form the basis for freshwater supply needs.  Water would be sourced
from a land based mains supply and transferred to the barge by bulk container.  Additional
treatment in the form of appropriate filtration and treatment such as ultraviolet disinfection
would also be fitted to ensure the water is wholesome for consumption.   
The would not conflict with NPF4 policies 12 and 23 and LDP policies LDP 10, SG LDP SG
BAD 1, SG LDP SERV 5b 
9) Economic Impact 
It is stated that the site would require 10 permanently employed members of staff and
potentially seasonal workers during the summer and in the second year of the production
cycle.  The applicant has advised that the development would also support 68 supply chain
jobs within Argyll and across Scotland.  An economic impact assessment presented in support
of the application assesses that the development will generate wider benefits including an
operational annual GVA Impact of £1.2M to the Scottish economy. The assessment concludes
that for every pound of investment in the project over a 20-year period, approximately four
pounds are returned to the Scottish economy. 
The development would be serviced from Carradale Harbour from a new, upgraded shore
base facility that the applicant has committed to develop.  This would incorporate community
benefit elements including a new pontoon for small vessels which would operate on a shared
community use basis. The proposed shore base would be in a prominent location within
Carradale harbour with extensive works having been undertaken to remediate significant
quantities of historic waste deposits from the land offering further opportunities for the
renovation and use of historic harbour buildings as part of the shore-based development. 
It is considered that the proposal would have a positive economic impact in the local and wider
are in accordance with NPF4 policy 25 and LDP policies LDP 5 and SG LDP AQUA 1. 
4. Effects of Fish Farm Medication on Human Health 
A number of representations associated with this planning application have raised concerns
about adverse effects of fish farm medications on wild swimmers.  This issue arose after the
submission of the planning application and did not form part of the EIAR.  Human health is a
specified criterial within the EIA process.  The determination of this application has incurred a
significant delay due to information being requested on this topic.  A report was commissioned
by the Scottish Salmon Producers Organisation (now Salmon Scotland) and submitted by the
applicant.  This report produced by WCA was advertised as supplementary information to the
EIA.  The objective of the report was to assess the potential health risks to open water
swimmers in the vicinity of fish farms in Scotland in relation to medicinal treatments applied
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for the control of sea lice on salmon.  The report has considered three substances, namely
azamethiphos, deltamethrin and hydrogen peroxide.   
Medicinal sea lice treatments using known amounts of the substances are carried out in one
of two ways: 
 Bath treatments in-situ. By enclosing the pen in question fully with a large
tarpaulin. The net is lifted to gently crowd the fish together in the smallest safe
volume. The tarpaulin is passed underneath the net and pulled up around the
pen above the water level. When the fish are totally enclosed in the tarpaulin,
treatment can begin. Once the treatment is completed the tarpaulin is removed
and the treatment water released into the sea. 
 Fish may be treated in tanks on board specialist wellboats. Following treatment,
the dislodged lice are collected and disposed of, then the treatment water is
released into the sea. 
With regard to azamethiphos and deltamethrin the report concludes that the concentrations
used to treat fish are safe for open water swimmers, even before dilution and dispersion occurs
in open waters.  However, for hydrogen peroxide there is a risk associated with the
concentrations of hydrogen peroxide used in the fish treatment paths, therefore,
characterisation of dilution and dispersion are likely to be required to be taken into account to
demonstrate that discharges of hydrogen peroxide are safe for open water swimmers. 
NHS Highland were consulted on the WCA report and did not provide a definitive response
however they confirmed that they did not object to the proposal.  As an extra precautionary
measure a condition is proposed requiring the company to provide a Communications Plan to
advise water users when bath treatments are in use at the farm.  This also requires the
production of 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 the Communications Plan.   
Subject to the imposition of this condition it is considered that the proposal would comply with
NPF4 Policy 23 which seeks to protect people and places from environmental harm and
mitigate risks arising from safety hazards.
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Appendix B 
HABITATS REGULATIONS ‘APPROPRIATE ASSESSMENT’
HABITAT DIRECTIVE 92-43-EEC
THE CONSERVATION (NATURAL HABITATS AND C.) REGULATIONS 1994 
AS AMENDED 
Endrick Water Special Area of Conservation 
Purpose of the designation 
The Habitats Directive aims to conserve biodiversity by maintaining or restoring species to
favourable conservation status. The Endrick Water was classified as a Special Area of
Conservation for three species of freshwater fish in 2005.  The primary qualifiers for this site
are brook lamprey (Lampetra planeri) and river Lamprey (Lampetra fluviatilis).  Atlantic
salmon (Salmo salar) are a secondary qualifier for this site.  Neither brook nor river lamprey
will be impacted by the proposal. 
The purpose of the designation is to avoid deterioration of the habitats of the qualifying
species or significant disturbance to the qualifying species, thus ensuring that the integrity of
the site is maintained and the site makes an appropriate contribution to achieving favourable
conservation status for each of the qualifying features; and to ensure for the qualifying
species that the following are maintained in the long term: 
 Population of the species, including range of genetic types for salmon, as a viable
component of the site;
 Distribution of the species within site
 Distribution and extent of habitats supporting the species;
 Structure, function and supporting processes of habitats supporting the species;
 No significant disturbance of the species. 
Consequences of the designation 
In circumstances where European Protected Species could be subject to significant effects
as a consequence of development proposals, the competent authority, in considering
whether development should be consented, is required to undertake an ‘appropriate
assessment’ to inform its decision-making process, on the basis that where unacceptable
effects are identified, or in cases of ‘reasonable scientific doubt’, then permission ought not
to be granted. 
An ‘appropriate assessment’ is required to be undertaken in cases where any plan or project
which: 
(a)  Either alone or in combination with other plans or projects would be likely to have
significant effect on a European site designated for nature conservation; and 
(b)  Is not directly connected with the management of the site. 
It is considered by NatureScot that the proposal is likely to have a significant effect on the
Atlantic Salmon qualifying interest of the site.  The proposed site lies approximately 70km to
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the south-west of the boundary of the SAC as the crow flies.  However, wild salmonids and
Atlantic salmon smolts emigrate through the Firth of Clyde. As a consequence, Argyll and
Bute Council has conducted an ‘appropriate assessment’, as per the Conservation (Habitats
and C.) Regulations 1994 (as amended), having regard to the anticipated effects of
development and the conservation objectives for the site’s qualifying interests. This
assessment is detailed below. 
Characteristics of the development 
The proposal is for the equipping and operation of a marine fish farm with farmed fish to be
contained in 12 pens, comprising nets supported from flotation rings secured to a mooring
grid with associated feed barge. The proposal is likely to have a significant effect on the
Atlantic salmon feature of the Endrick Water SAC due to: 
 The risk posed as a result of the potential impacts of sea lice on Atlantic salmon
smolts emigrating through the Firth of Clyde; and 
 Genetic introgression should farmed Atlantic salmon escape into the wild. 
Assessment 
It is not considered that there would be any impact on the brook or river lamprey interest of
the SAC. 
The assessment considers the impact of the proposals on Atlantic salmon and has regard to
the applicant’s submitted information in support of the planning application, and to
consultation advice provided by NatureScot. 
NatureScot has raised concerns about the submitted proposal on the basis that the operation
of the farm, as envisaged by the applicants, could in their view affect the qualifying interests
of the SAC. They object to the proposal due to the potential impact on the SAC unless it was
subject to conditions requiring operation strictly in accordance with the proposed mitigation
measures. 
The site is some 70km from the SAC and will have no direct impact on the boundaries of the
SAC. However, it could impact on the qualifying interest of the Atlantic salmon, including
smolts, as they travel through the Firth of Clyde. 
The site will generate sea lice which would disperse in the wider Firth of Clyde. The greater
the level of lice, the greater the potential impact on the qualifying interests within the Firth of
Clyde. An escape of farmed fish has the potential for interaction with wild salmonids within
the Firth of Clyde. 
NatureScot has advised that extensive literature exists which demonstrates the negative
impacts of aquaculture derived sea lice on early marine survival of post smolt Atlantic salmon
(and sea trout which may stay in the Clyde all year) and proximity of marine fin fish
aquaculture units. 
The Atlantic salmon qualifying interest of the Endrick Water SAC was in an unfavourable
condition (both for juvenile and adult fish) in 2005 and 2011 as evidenced by Site Condition
Monitoring.  Assessments carried out by Marine Scotland Science determined that for 2019,
the Endrick Water SAC met the criteria for inclusion in category 2 (where the population has
a 60 to 80% probability of meeting its conservation limit and may require management action
to reduce exploitation).
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The rod catch for the whole of Scotland, which is frequently used as a proxy for population
trends, showed that the 2018 rod catch was at its lowest levels since records began in 1952. 
Atlantic salmon both nationally and within the Endrick Water SAC, are therefore considered
to be vulnerable. 
Atlantic salmon are anadromous and undertake extensive migrations between freshwater
and marine habitats.  Smolt migration is associated with high mortality and is thus considered
a critical life stage in the Atlantic salmon life history.  Currently only about 5% of smolts who
make the journey return to freshwater as adults. 
Smolts originating from the Lomond catchment (which includes the Endrick Water SAC) and
the Clyde catchment (which includes the rivers Clyde, Gryffe, Black Cart Water and White
Cart Water) migrate to their oceanic feeding grounds in the Norwegian Sea and West
Greenland via the Inner and Outer Clyde.  This means that these fish will pass through the
main channel and southward past the east coast of Bute and the island of Little and Great
Cumbrae (possibly including the Fairlie Roads) as they pass into the Arran Basin and outer
Firth of Clyde.   
Nature Scot further advise that whilst they do not know the exact migration route of Atlantic
salmon post smolts emigrating from the Endrick Water SAC, there is potential for them to
pass through lice dispersion plumes emanating from the proposal. 
NatureScot advise that the proposal would not adversely affect the integrity of the SAC as
they consider that short term elevated lice levels would not compromise Conservation
Objective 1: ‘Population of the Species, including range of genetic types for salmon, as a
viable component of the site’.  However, persistent elevated lice levels recurring during
periods of the smolt run could, in the long term, compromise this conservation objective. 
NatureScot has advised that MOWI’s revised EMP (December 2020) in combination with
suggested planning conditions would provide Argyll and Bute Council with an enforceable
framework to ensure that any elevated risk to the Endrick Water SAC as a result of this
proposal could be identified and mitigated thus ensuring that any adverse effect on the
integrity of the site would be avoided.  In addition to adherence to the EMP process,
managing risk to the Endrick Water SAC qualifying feature can be further mitigated by full
adoption of the current Scottish Technical Standards and embedded best practice to mitigate
the risk of equipment failure and subsequent farmed salmon escapes. 
Recommended mitigation to be secured by planning condition, should permission be
granted. 
NatureScot advise that on the basis of the appraisal carried out to date, if the proposal is
carried out strictly in accordance with the revised EMP, it is concluded that the proposal
would not adversely affect the integrity of the Endrick Water SAC: 
1. Under the revised EMP, the applicant will undertake a programme of wild fish
monitoring to measure levels of sea lice infestation pressure on wild salmonids in
coastal waters within a zone of 30km from the Management Area (section 5.1 of the
EMP).  For the avoidance of doubt, NatureScot recommend that a planning condition
is applied to any consent that states that the site is not stocked until the monitoring
plan has been agreed, including a requirement to monitor the juvenile salmon
population.
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2. The applicant will keep a weekly record of estimated total lice emissions which will be
used to calculate a ‘lice load’ in the Management Area (section 5.2 of the EMP).
3. The applicant will carry out sea lice dispersion modelling as part of the plan.  This will
be used to guide the monitoring strategy (section 5.3 of the EMP).
4. The applicant will work with the Argyll District Salmon Fishery Board to design an
appropriate acoustic tracking study which aims to address information gaps
associated with the migration of salmon smolts (section 5.4 of the EMP).
5. An additional monitoring programme will be designed and implemented to produce
data on the health of wild salmonid populations in the Endrick Water SAC (section 5.6
of the EMP).
6. The EMP commits the applicant to meet with stakeholders at least twice per
production cycle.  Meeting will be scheduled to take place prior to the wild smolt
migration periods and one meeting to be held at the end of the production cycle
(section 6.3 of the EMP).  In addition to this, we recommend that as part of the end of
cycle review, the site will not be restocked until the review has been agreed by Argyll
and Bute Council in consultation with NatureScot.
7. The applicant will adhere to the Scottish Technical Standard for aquaculture
equipment to reduce the risk of equipment failure and the subsequent occurrence of
any significant escape of farmed salmon escapes. 
Conclusion  
The potential impacts of the development in relation to the conservation objectives cited in
the SAC designation have been considered in the light of the above and it has been
concluded that with identified mitigation measures in place the impacts arising from the
operation of the development as proposed, in combination with the operation of other farms
nearby will not have a significant impact upon qualifying interests, and accordingly there is
no reason to withhold permission on European nature conservation grounds.  
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Appendix C 
HABITATS REGULATIONS ‘APPROPRIATE ASSESSMENT’
HABITAT DIRECTIVE 92-43-EEC
THE CONSERVATION (NATURAL HABITATS AND C.) REGULATIONS 1994 
AS AMENDED 
Ailsa Craig Special Protection Area 
Purpose of the designation 
The Habitats Directive aims to conserve biodiversity by maintaining or restoring
species to favourable conservation status. The Ailsa Craig Special Protection Area
(SPA) was classified 25th April 1990 and extended 25th September 2009. It covers
the Ailsa Craig Island and approximately 2km into the marine environment, including
the seabed, water column and surface. It has a qualifying interest by regularly
supporting populations of migratory species namely; northern gannet (Morus
bassanus) and lesser black-backed gull (Larus fuscus). If also has a qualifying
interest at regularly supports in excess of 20,000 individual seabirds including
common guillemot (Uria aalge), black-legged kittiwake (Rissa tridactyla) and herring
gull (Larus argentatus). 
The purpose of the designation is to avoid deterioration of the habitats of the
qualifying species or significant disturbance to the qualifying species, thus ensuring
that the integrity of the site is maintained:
 Population of the species as a viable component of the site;
 Distribution of the species within site;
 Distribution and extent of habitats supporting the species;
 Structure, function and supporting processes of habitats supporting the
species;
 No significant disturbance of the species. 
Consequences of the designation 
In circumstances where European Protected Species could be subject to significant
effects as a consequence of development proposals, the competent authority, in
considering whether development should be consented, is required to undertake an
‘appropriate assessment’ to inform its decision-making process, on the basis that
where unacceptable effects are identified, or in cases of ‘reasonable scientific doubt’,
then permission ought not to be granted. 
An ‘appropriate assessment’ is required to be undertaken in cases where any plan
or project which: 
(a)  Either alone or in combination with other plans or projects would be likely to
have a significant effect on a European site designated for nature conservation;
and 
(b)  Is not directly connected with the management of the site. 
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It is considered by NatureScot that the proposal could affect the qualifying interests,
except for kittiwake, of Ailsa Craig SPA. The proposed site lies approximately 50km
to the north west of the boundary of the SPA.  However, this is within the mean
maximum foraging range for birds identified as the qualifying interest of the SPA. As
a consequence, Argyll Bute Council has conducted an ‘appropriate assessment’, as
per the Conservation (Habitats and C.) Regulations 1994 (as amended), having
regard to the anticipated effects of development and the conservation objectives for
the site’s qualifying interests. This assessment is detailed below. 
Characteristics of the development 
The proposal is for a new Atlantic salmon marine fish farm located in the Kilbrannan
Sound off the east coast of Kintyre north of Cour Bay.  The development comprises
12 no., 120 metre circumference pens arranged in a 2 x 6m regular grid with
associated moorings to the sea bed. 
NatureScot advise that the site is located within the mean maximum foraging range
of the qualifying features of the Ailsa Craig SPA which are: breeding seabird
assemblage, gannet (breeding), common guillemot (breeding), herring gull
(breeding), kittiwake (breeding) and lesser black-backed gulls (breeding). 
Furthermore for gannets, kittiwakes, lesser black-backed gulls and guillemots, the
proposal is within their mean foraging distance (plus one standard deviation) from
Ailsa Craig SPA. 
NatureScot advise that the potential pathways for marine birds in relation to finfish
farms are: 
1) Entanglement or entrapment in top, cage or antipredator netting or in any nets
deployed to recapture stock in event of escape;
2) Disturbance in the vicinity of the farm and / or associated vessels;
3) Direct displacement from the farm footprint; and
4) Loss of or damage to prey-supporting habitats in the vicinity of the farm and / or
as a consequence of export of organic materials or chemicals from the farm site. 
Assessment 
All of the qualifying features of the Ailsa Craig SPA are within their mean maximum
foraging range of the proposal which sits approximately 50km from the SPA. 
Furthermore, for gannets, kittiwakes, lesser black-backed gulls and guillemots, the
proposal is within their main foraging distance (plus one standard deviation) from
Ailsa Craig SPA. 
NatureScot’s assessment focuses on those qualifying features which NatureScot
identified as a likely significant effect (LSE) during the screening / scoping stage:
northern gannet, herring gull, lesser black-backed gull and guillemot.  No LSE is
anticipated for kittiwake. 
In the context of the overall foraging range available to the qualifying species,
NatureScot advise that it is unlikely that disturbance (impact pathway 2),
displacement (impact pathway 3), or loss of habitat (impact pathway 4) as a result of
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the proposal would result in any likely significant effects for the qualifying features of
the SPA.  NatureScot’s assessment therefore focuses on the potential for
entanglement or entrapment in netting associated with the fish farm. 
NatureScot have provided a summary table on their assessment on the qualifying
features of the Ailsa Craig SPA which is shown below: 
NatureScot advises that there are also a number of other bird species which may
use the Kilbrannan Sound for foraging or maintenance activities, including breeding
road throated divers (an Annex 1 species), as red-throated diver nests have been
recorded within 10km of the proposal.  In addition to the species within the table
above, should there be any other instances of other bird species being entrapped or
entangled in netting at the site (e.g. shag, cormorants, sea eagles, diver species)
NatureScot would also request to be notified. 
In conjunction with the embedded mitigation already proposed by the applicant,
NatureScot would recommend that further mitigation is added through adoption of a
smaller mesh (ideally 50mm) panels at the base of side nets, as opposed to having
100mm in both ceiling and side panels, as is suggested by the application.  This is
to reduce the risks to large gull species being entrapped or entangled in netting. 
Gannets
Bird Entrapment Incident 
In 2019 there was a bird entrapment issue at Carradale Fish Farm.  An operational
error at the farm resulted in 200mm top nets being installed rather than 100mm.  This
resulted in the entrapment of a number of gannets and gull species.  The fish farm
log book was incomplete and contradictory.  The incident notes state that there were
no fatalities or injuries, however, this conflicted with an account from a member of
the public.  NatureScot have not been able to verify either account of the entrapment
incident and feel that this highlights the need for robust and systematic recording and
reporting on entanglement / entrapment events.  Once the problem with the net size
was identified, it took several weeks for this to be rectified during which more birds
became entrapped. 
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NatureScot have advised that studies indicate that there is a high level of segregation
among foraging areas used by gannets from different colonies during the breeding
season.  As such, it might be expected that the majority of breeding gannets foraging
in the Kilbrannan Sound will derive from the Ailsa Craig SPA.  Gannets are known to
use the Kilbrannan Sound at particular times of year when their food sources are
present. 
NatureScot contend that there is some confusion within the shadow HRA submitted
by the applicant.  NatureScot advise that gannets use of the area should be
considered as being ‘moderate’ and the connectivity as being ‘high’ for this proposal. 
This is especially the case considering the distance between the proposal and Ailsa
Craig SPA is less than half the gannet mean foraging range.  The applicant’s report
also states that “in a worse case scenario low numbers could occasionally be
entrapped but experience at the nearby Carradale Fish Farm shows these can be
quickly released unharmed”.  NatureScot have taken issue with this due to the poor
record keeping and conflicting reports received by the member of the public. 
NatureScot further advise that the influence of ceiling mesh net size on the potential
risk to gannets associated with pole mounted top net systems is as yet unknown. 
The incident at Carradale Fish Farm demonstrates that gannets have attempted to
plunge dive through 200mm mesh nets and consequently risked entrapment or
entanglement. On theoretical grounds, there may be less risk associated with smaller
(in particular 100mm or less) ceiling mesh sizes, assuming that gannets can clearly
see the nets and accurately judge their potential to enter cages safely through the
mesh.  However, there is currently a lack of empirical data against which to assess
this. 
Given the connectivity with the Ailsa Craig SPA, potential attraction to fish farm cages
and apparent entrapment / entanglement risks to gannets posed by pole mounted
top net systems, NatureScot advise a conclusion of likely significant effects
(LSE)  and possible adverse effect on site integrity (AESI). 
There is currently insufficient information available with respect to the following
aspect to enable NatureScot to draw as robust conclusion as to whether there would
be an AESI. 
 Potential attraction of gannets to fish farms using pole mounted nets;
 Specific risks associated with different configurations of pole mounted nets,
including mesh sizes;
 The number of gannets involved in entrapment incidents and the frequency of
this occurrence;
 The outcome of entrapment and whether it could indeed / has already led to
mortalities in gannets. 
The conclusion is also reached because there could be a cumulative effect with the
nearby Carradale Fish Farms. 
NatureScot advise that any permissions for the use of pole mounted top net systems,
irrespective of mesh sizes, should be subject to review, underpinned by systematic
monitoring and by requirements for immediate notification in the event of emerging
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patterns of entanglement or entrapment of marine birds that might ultimately result
in AESI. 
Herring and lesser black-backed gulls 
The origins of herring and lesser black-backed gulls foraging within the Kilbranna
Sound are not clear.  It is possible that some will be from the Ailsa Craig SPA while
some will be from the non-SPA population.  There is potential for connectivity
between Ailsa Craig SPA and the proposed site and therefore as a precautionary
approach, and lacking further information on the gulls’ origins, NatureScot assume
that a least some of the birds will be from the SPA population. 
Gulls’ foraging methods include shallow diving from surface or from low altitudes in
the air when at sea and searching for food when walking on to the shore or further
inland.  At fish farms, it is most likely that they would attempt to access food or fish
food in cages by perching on cage infrastructure, such as handrails or nets and
attempting to push through the mesh.  With respect to the more familiar “hamster
wheel” top net systems, NatureScot consider that mesh sizes of 100mm may pose
relatively high entanglement risk to birds such as gulls and these systems have
typically adopted 50mm mesh to reduce this risk.  Some pole-mounted systems use
smaller (e.g. 50mm) mesh in the lower parts of the side panels, nearest to the
handrails, in an attempt to reduce risk of perching birds becoming entangled. 
It is possible that some gulls from Ailsa Craig SPA may visit the proposal and
therefore NatureScot conclude that there are likely significant effects on both herring
gulls and lesser black-backed gulls with respect to the risk of entrapment and
entanglement.  However, in the context of there being non-SPA populations nearby
for herring and lesser black-backed gulls, particularly those more northerly non-SPA
populations, NatureScot conclude that it is unlikely that the proposal would have an
adverse effect on site integrity.  It is however noted that risks to gulls could be further
reduced by adoption of a smaller mesh (ideally 50mm) panels at the base of side
nets. 
Guillemot 
NatureScot advise that as a diving species, guillemots are potentially susceptible to
entanglement form sub-surface nets.  Guillemots commonly forage in the area
around the proposal and some guillemots in the Kilbrannan Sound are likely to be
from the Ailsa Craig SPA.  NatureScot advise that there are likely significant effects
on guillemots from Ailsa Craig SPA as a result of the potential for entanglement in
sub-surface anti predator nets, should they be deployed.  However there is unlikely
to be an adverse effect on site integrity.  It should be noted that the use of sub-sea
anti-predator nets requires consent from NatureScot first. 
Recommended mitigation to be secured by planning condition, should
permission be granted. 
a) Operators to maintain daily records of wildlife entanglement / entrapment using a
standardised proforma and to submit regular (typically six-monthly) returns to the Local
Authority, copied to NatureScot.
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b) Immediate notification by operators to both the Local Authority and NatureScot in the
event of any significant entrapment of entanglement of gannet, or any other SPA interests
identified as relevant to a particular fish farm (e.g. involving three or more birds of any
named species on 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); and
c) Adaptive management approaches should be agreed between the Local Authority and
the applicant in consultation with NatureScot. 
Conclusion  
The potential impacts of the development in relation to the conservation objectives
cited in the SPA designation have been considered in the light of the above and it
has been concluded that with identified mitigation measures in place the impacts
arising from the operation of the development as proposed, in combination with the
operation of other farms nearby will not, with identified mitigation in place,  have a
significant impact upon qualifying interests, and accordingly there is no reason to
withhold permission on European nature conservation grounds. 
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Appendix D 
List of Contributors (as of 5th May 2023) 
Representations in relation to 20/01345/MFF 
Objection 
1. Adrian Gooyers No Address Given    
2. AHSS Strathclyde Group Tobacco Merchants House 42 Miller Street Glasgow G1
1DT 
3. Alan Bell 18 Millburn Gardens Largs KA30 9NF  
4. Alex MacCuish No Address Given    
5. Alexander Tetley No Address Given    
6. Alice Maxwell 29B McKelvie Road Isle Of Arran   
7. Alice Mostyn No Address Given    
8. Alice Sheepshanks No Address Given    
9. Alison Farwell No Address Given    
10. Alison Kilpatrick Upper Millhouse Pirnmill Isle Of Arran KA27 8HP 
11. Alistair Eason No Address Given    
12. Amy Jorgensen No Address Given    
13. Andrew Binnie Marchfield  Cordon Isle Of Arran KA27 8NQ 
14. Andrew Griffiths No Address Given    
15. Andrew Holman No Address Given    
16. Andrew Rigby Burncliff Shiskine Isle Of Arran KA27 8HD 
17. Andrew Wilkinson Kincardine Lodge Lochranza Isle Of Arran North Ayrshire 
18. Anita Ford Homelea  Newton Shore Lochranza Isle Of Arran 
19. Ann Hume Stronach Cottage Douglas Place Brodick Isle Of Arran 
20. Ann Turner-Swan 10 The Apostles Catacol KA27 8HN  
21. Anna Owen No Address Given    
22. Anne Archer Sealladh Breagha Gallanach Road Oban PA34 4PD 
23. Anne Fraser No Address Given    
24. Anthony Lowes 35A Pembroke Square London W8 6PD  
25. Anton' De Piro Flat 3 217 Sussex Gardens London W2 2RJ 
26. Archie Cumming No Address Given    
27. Austin Thomson C/o Frazer Coogans Solicitors 163 Main Street Prestwick KA9 1 LB  
28. Ayr And District Salmon Fishery Board No Address Given    
29. Ayrshire Rivers Trust Braeside Burnbrae Lodge Mauchline KA5 5HE 
30. Bill Rigby 25 Tentergate Road Knaresborough North Yorkshire HG5 9BG 
31. Blue Marine Foundation 3rd Floor South Building Somerset House London WC2
R1LA 
32. C L Littlewood No Address Given    
33. C Shannon 38 Suffolk Street Helensburgh G84 9PD  
34. Callum Stammers-Swan No Address Given    
35. Calum Farwell No Address Given    
36. Carol Dunn No Address Given    
37. Caroline Byrne No Address Given    
38. Caroline Younger No Address Given    
39. Carrie Frank No Address Given    
40. Carys Griffiths No Address Given    
41. Caspar Hobbs No Address Given    
42. Catherine Anholt Sunflower House Colyton Devon EX24 6HL 
43. Catherine M Swan Bramleys Chappel Colchester  CO6 2DN 
44. Cathy Adkin Strathroy  Ontario Canada  
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45. Cathy Burnett Ard Shonas Lochranza Isle Of Arran  KA27 8JF 
46. Chris Turner-Swan Craigard Catacol KA27 8HN  
47. Christine McKerracher Shepherds Cottage Cour Carradale Argyll 
48. Cicely Gill The Yellow Land Whiting Bay Isle Of Arran KA27 8PZ 
49. Clare Mostyn No Address Given    
50. Clive Meikle 15 Craig Na Gower Avenue Aviemore PH22 1RW  
51. Clyde Porpoise CIC 1/1 Allanton Park Terrace Fairlie KA20 0AW  
52. Clyde River Foundation No Address Given    
53. Colin Burgess Carradale House Carradale Estate Carradale Argyll 
54. Colin McKee Aranaigh Skipness Tarbert Argyll 
55. Cour Ltd Cour Carradale  Campbeltown PA28 6QL 
56. D'Arcy Rice No Address Given    
57. David Ainsley No Address Given    
58. David Bridge Redesdale House Skipness Tarbert Argyll 
59. David Burton No Address Given    
60. David Maguire Navarre Lochranza Isle Of Arran KA27 8HL 
61. David Penn Meadow Cottage Pirnmill Isle of Arran KA278HP 
62. David Pilch 9 The Row Catacol Isle Of Arran KA27 8HN 
63. David Platt The Crags Catacol IOA KA27 8HN 
64. David Stammers Bramleys Chappel Colchester  CO6 2DN 
65. Dennis Adkin Strathroy Ontario Canada  
66. Dennis Archer Sealladh Briagha Gallanach Road Oban Argyll And Bute 
67. Derek McLay 5 Torwood Avenue Larbert FK5 4NG  
68. Donald Macneish Shipfield Lamlash Isle Of Arran KA27 *NB 
69. Donna Macpherson No Address Given    
70. Doug Chase Tigh Na Traigh Shore Rd Lamlash Isle Of Arran 
71. Doug Macpherson No Address Given    
72. E McGrigor No Address Given    
73. Edward Somerfield No Address Given    
74. Elizabeth Nickerson No Address Given    
75. Erica Kerr No Address Given    
76. Eugene O'Connor No Address Given    
77. Fiona Cameron No Address Given    
78. Fiona Clarke Tel-El-Kebir Shiskine Isle of Arran KA27 8HD 
79. Fiona Jeffery No Address Given    
80. Fiona Oakes No Address Given    
81. Freda Lewis Stempel 9 Bolingbroke Grove London SW11 6ER  
82. Freddie Nickerson No Address Given    
83. Friends Of Millstone Point Alba East Drive House Kinneil Lamlash Isle Of Arran 
84. Friends Of The Sound Of Jura No Address Given    
85. George Nickerson No Address Given    
86. George Wilder No Address Given    
87. George Young No Address Given    
88. Giles Taylor No Address Given    
89. Gill Bates No Address Given    
90. Gord Macpherson No Address Given    
91. Gordon Donaldson 52 Sweeney court Ardrossan KA22 8GY  
92. Greg Attwood No Address Given    
93. Grogport Residents No Address Given    
94. Hamish Hunter No Address Given    
95. Harry Nickerson Cour Ltd    
96. Harry Walker Address Not Provided    
97. Hazel Swan No Address Given    
98. Hazel Yabsley 5 Wedmore Road  Hitchin  Herts SG4 9JH 
99. Heather Allman Kilbrannan View Grogport Carradale Campbeltown 
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100. Helen Margaret Watson Cheyne No Address Given    
101. Helen Mostyn No Address Given    
102. Henrietta De Ritter Address Not Provided    
103. Henry Page 37A South Parade Oxford OX2 7JN  
104. Hilary Swan No Address Given    
105. Howard Litton St Columba's Church Isle of Arran Whiting Bay KA27 8PX 
106. Hugh Nickerson No Address Given    
107. Iain Sanders 30 Urquhart Place Portree IV51 9HJ  
108. Isabella Cornwall No Address Given    
109. Isobel Neilson No Address Given    
110. J Johnstone No Address Given    
111. J M Campbell Blairbeg House Lamlash KA27 8JT  
112. Jackie Adams No Address Given    
113. Jackie Lamond Sperasaig House Cour   
114. Jacqueline M Lamond No Address Given    
115. James Anderson No Address Given    
116. James McEuen No Address Given    
117. James Tamlyn No Address Given    
118. Jamie Forlan No Address Given    
119. Jane MacLean No Address Given    
120. Janet Jardine 26 Kilmartin Lochgilphead Argyll And Bute PA31 8RN 
121. Jean Platt The Crags Catacol IOA KA27 8HN 
122. Jean Wilkinson Kincardine Lodge Lochranza Isle Of Arran North Ayrshire 
123. Jenny Richmond Not Given    
124. Jess James Skipness Estate    
125. Jo Totty 8 Hillside Terrace Lamlash Isle of Arran KA27 8ND 
126. Joanna De Ritter No Address Given    
127. Joanna McKay Forbes Barmollach Grogport Carradale Campbeltown Argyll
And Bute 
128. John C Adam Bayview House Pirnmill Isle Of Arran KA27 8HP 
129. John Drinkell No Address Given    
130. John Ford Homelea Newton Shore Lochranza Isle Of Arran 
131. Jonathan Jarrett No Address Given    
132. Jonathan Rigby 28 Butterfly Close Pontypridd Wales CF38 1AZ 
133. Josh Barker No Address Given    
134. Judith Jones Greenhill Torrisdale Campbeltown Argyll And Bute 
135. Karen Dixon No Address Given    
136. Katharine Mitchell No Address Given    
137. Kathryn Wells Lagavullin Mill Whitehouse Tarbert Argyll 
138. Katy Penn Meadow Cottage Pirnmill Arran KA27 8HP 
139. Kenneth Borton No Address Given    
140. Krystyna Gruszecka Windygowl  Lochranza  Isle Of Arran  KA27 8JF 
141. Lally Mostyn No Address Given    
142. Laurence Anholt Sunflower House Colyton Devon EX24 6HL 
143. Lavinia Gibbs Dougarie Lodge Dougarie Isle Of Arran KA27 8EB 
144. Leah Battistel No Address Given    
145. Lesley Griffiths No Address Given    
146. Lizzie Adam Bayview House Pirnmill Isle Of Arran  KA27 8HP 
147. Loch Lomond Angling Improvement Association 4 Woodside Place Charing
Cross Glasgow G3 7QF 
148. Loch Lomond Fisheries Trust C/o Bell Barr & Company  Chartered
Accountants  2 Stewart Street  Milngavie  
149. Lucy Kay Elleray Whiting Bay KA27 8RQ  
150. Lucy Mostyn No Address Given    
151. M A Cape No Address Given    
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152. Maggie Richmond No Address Given    
153. Malcolm Harle cour farmhouse carradale campbeltown PA28 6QL 
154. Malcolm MacGregor No Address Given    
155. Malcolm Ritchie No Address Given    
156. Marcus Barnett 10-11 Glenthorne Mews London  W6 0LJ  
157. Margaret Somerfield No Address Given    
158. Maria Jose Velazquez No Address Given    
159. Mark Hudson Philipston House Winterborne Clenston Blandford DT11 0NR 
160. Mark Whitaker Ard Shonas Lochranza Isle Of Arran  KA27 8JF 
161. Melissa James No Address Given    
162. Michael Davis No Address Given    
163. Michael Scott Trencrom Lundavra Road Fort William PH33 6JJ 
164. Michal G D Giedroyc No Address Given    
165. Mike Cobban North Thunderguy Pirnmill Isle Of Arran KA27 8HP 
166. Mike Farwell No Address Given    
167. Mike Heyworth Glenside East Skipness PA29 6XT  
168. Naomi Morris No Address Given    
169. Nathaniel Page Upper Leigh Farm Salisbury  SP3 6AP  
170. Neil Polley The Old Rectory PenSelwood WINCANTON BA9 8LS 
171. Nelly Nickerson No Address Given    
172. Nigel Jeffery No Address Given    
173. Nigel Wells Lagavullin Mill Whitehouse Tarbert Argyll 
174. North West Angling Trust Fisheries Consultative Council The Barn  Skirwith 
Penrith  Cumbria  
175. P W Yates No 2 The Row Catacol Isle Of Arran KA27 8HN 
176. Paul Bates No Address Given    
177. Paul Chandler Alba East Drive House Kinneil Lamlash KA27 8JT 
178. Paul MacLean No Address Given    
179. Peter Howland Lower Crossaig Skipness Tarbert PA29 6YQ 
180. Peter McRae 2 North Mains Hill Bathgate EH48 4PF  
181. Peter Watson 10 Henderson Road Inverness IV1 1SN  
182. Philip A R James Skipness Farmhouse Tarbert Argyll PA29 6XU 
183. Philip Mostyn No Address Given    
184. Philip Turner No Address Given    
185. R Crum No Address Given    
186. Rachel Goulding No Address Given    
187. Rete Macpherson No Address Given    
188. Richard Salt 3 Brunenburg Way Axminster Devon EX13 5RD 
189. Richard Stenning No Address Given    
190. River Stinchar Fishery Board River Stinchar Fishery Board Minuntion Pinmore
Girvan 
191. Robert Cowieson Benview Whiting Bay Isle Of Arran KA27 8QT 
192. Robert L Cumming No Address Given    
193. Robert Macpherson No Address Given    
194. Robert Sutcliffe No Address Given    
195. Robin Barnden No Address Given    
196. Ronald Fraser 37 Fleurs Road Elgin Iv30 1ta  
197. Rosie Mostyn No Address Given    
198. Rosie Ranson No Address Given    
199. Roy Jones Greenhill Torrisdale Campbeltown Argyll And Bute 
200. Ruth Attwood No Address Given    
201. Ruth McLaren Sannox Isle Of Arran   
202. S A Campbell Blairbeg House Lamlash KA27 8JT  
203. Sally A Campbell 5 Queen Elizabeth Cottages Furnace PA32 8XX  
204. Sally Ford Homelea Newton Shore Lochranza Isle Of Arran 
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205. Salmon And Trout Conservation Scotland Second Floor Office 12 Castle
Street Hereford  HR1 2NL 
206. Sarah Nicholas No Address Given    
207. Sarah North Mid Thundergay Farm Pirnmill Isle of Arran KA27 8HP 
208. Sarah Oldham No Address Given    
209. Scottish And Souther Electricity Networks Per Peter Watson Lead Marine
Consents Manager Scottish Hydro Electric Transmissions Plc 10 Henderson Road 
210. Scottish Creel Fishermens Federation 5 Queen Elizabeth Cottages Furnace
Argyll   
211. Shan Oakes Knaresborough North Yorkshire   
212. Shannon Clements No Address Given    
213. Shenac Graham No Address Given    
214. Sherry Gooyers No Address Given    
215. Silvia Clements No Address Given    
216. Simon J Miller Arnburn Arden Argyllshire G83 8RH 
217. Sue Ash Alba East Drive House Kinneil Lamlash 
218. Sue Tozer North Thunderguy Pirnmill Isle Of Arran KA27 8HP 
219. Susan McMillan Manor Farm North Wootton Somerset BA4 4AG 
220. Sylvie Howland Skipness  Tarbert PA29 6YQ  
221. Tarbert And Skipness Community Council Caol Na Mara Garval Road Tarbert 
222. The River Doon Fishery Board 46 Dalblair Road Ayr KA7 1UQ  
223. Tim James No Address Given    
224. Tim Maxwell No Address Given    
225. Tom De Ritter No Address Given    
226. Valerie Wells Redesdale House Skipness Tarbert Argyll 
227. Venetia De Ritter No Address Given    
228. Will De Ritter No Address Given    
229. William McHugh The Gardens Skipness Tarbert Argyll And Bute 
230. William McKerracher Shepherds Cottage Cour Carradale Argyll 
231. Wyllie Hume Stronach Cottage Douglas Place Brodick Isle Of Arran 
232. Zabdi Keen No 2 Coastguard House Kildonan Isle Of Arran KA27 8SD 
Support 
1. A MacLennan No Address Given    
2. Alastair Barge Otter Ferry Tighnabruaich Argyll PA21 2DH 
3. Alistair Iain No Address Given    
4. Ally Donaldson No Address Given    
5. Billy Glen No Address Given    
6. Campbell Mair No Address Given    
7. Claire Lumley-Holmes No Address Given    
8. Connor Mays Westlinwind 18 Coast Inverasdale Ross shire IV22 2LR 
9. Cramanachd Association Alton House 4 Ballifeary Road Inverness IV3 5PJ 
10. Dale Ferreira Mowi Blar Mhor Industrial Estate Fort William PH33 7PT 
11. David Goodlad No Address Given    
12. David Hutchens Mill Road Kilbirnie KA25 7DZ  
13. David MacGillivray Mowi Fams Office Glen Nevis Business Park Fort William 
14. Donald Fowler Unit 2 Site 23 Kilmory Industrial Estate Lochgilphead Argyll
And Bute 
15. Donald Waring Admiralty Park Admiralty Road Rosyth Fife 
16. Ed Ley-Wilson 22 Drummond Road Inverness IV2 4NB  
17. Eilidh Gray No Address Given    
18. Eleanor Neilson Wester Inshes Farmhouse Inverness IV2 5BG  
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
19. Finlay Oman 2 Burnside Way Largs KA30 9DL  
20. Fiona Ferreira No Address Given    
21. Geffrey Back Dorset Cleanerfish Ltd Unit 2 Inner Breakwater Portland Port 
Castletown 
22. Graham Smith No Address Given    
23. Iain Angus Campbell No Address Given    
24. Ian Brodie Caledonia Lodge Tormhor Carradale Campbeltown Argyll And
Bute 
25. Ian Prendergast Unit 2 Inner Breakwater Portland Port  Castletown DT5 1PA 
26. Jack Comben Units 2 & 3 Inner Breakwater  Castletown Portland Port 
27. James Deverill EWOS/Cargill Aqua Nutrition Westfield Bathgate Scotland 
28. Jayne Mackay Mowi Farms Office Glen Nevis Business Park Fort William 
29. Justin Whitford No Address Given    
30. Laura Tulip No Address Given    
31. Neil Ferguson No Address Given    
32. Paddy Campbell Northshore Road Grangemouth Docks Grangemouth FK3
8UL 
33. Phil Nickells Hilton Seafood UK Estate Road 2 Grimsby North East
Lincolnshire 
34. Rebecca Bashir Mowi Farms Office Glen Nevis Business Park Fort William 
35. Richard Prickett Unit 1, Inner Breakwater, Portland Port, Dorset,  
36. Robert Fairns No Address Given    
37. Robert Neilson No Address Given    
38. S Mckie No Address Given    
39. Sam Clegg No Address Given    
40. Sarah MacDonald No Address Given    
41. Scott Campbell No Address Given    
42. Stephen O Neill MOWI    
43. Stewart Graham 136 Anderson Street Inverness IV3 8DH  
44. Warren Harvey The Red Shed Carradale Argyll PA28 6SB 
45. Yvonne Booth 45 Camanachd Crescent Fort William PH33 6XZ   
Representation 
1. Harry Nickerson Cour Ltd    
2. M R Jaffa     
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 22/02479/PP
Planning Hierarchy: National
Applicant: Scottish Hydro Electric Transmission Plc
Proposal: Erection of high voltage electricity substation and formation of
associated access, landscaping, drainage and means of enclosure
Site Address:  Approximately 4km South West of Inveraray, 300m West of
Douglas Water and Upslope of the existing An Suidhe Substation,
Inveraray, Argyll and Bute    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Construction of substation platform of 1.3ha
 Installation of Gas Insulated Switchgear (GIS) building, maximum height
22m and single storey control building annex
 275/33 kV super grid transformer, rated at 120 MVA located in a
ventilated building of maximum height 16m
 Two gantries and electrical equipment/down-leads to connect the OHL
and proposed substation
 Diesel generator housed in a building
 Borehole for water
 Turning and parking areas
 Use and upgrades to existing 1.7km long forestry track for access
 Construction of new access tracks, 295m long
 Erection of 2.4m high security fence of palisade construction around the
substation perimeter
 Erection of deer fencing around new areas of woodland planting
 Landscape planting 
 Foul and surface water drainage including Sustainable Urban Drainage
(SUDS) pond and outfall pipe.
 Tree felling and compensatory planting 
(ii) Other specified operations
 Temporary site laydown of approximately 0.69ha
 Undergrounding of the 33kV interconnector cable
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(B) RECOMMENDATION: 
It is recommended that Members grant planning permission subject to the conditions
and reasons attached. 
(C) CONSULTATIONS:   
Historic Environment Scotland (23rd January 2023) - no specific comments as the
proposal does not affect any heritage assets within their remit. 
Scottish Environmental Protection Agency [SEPA] (31st January 2023) – holding
objection and seek further information on proposed watercourse engineering works
as it is not clear what is proposed and if it will be consentable under The Water
Environment (Controlled Activities) (Scotland) Regulations 2011 (As Amended) 
(4th May 2023) – following meetings and discussions with the Applicant, SEPA note
that the applicant looks to divert the watercourse running north over the hydro
pipeline and connecting it back to its natural cause which would require the creation
of a culvert underneath an existing hydro pipeline and access track. It is noted that
some of these works would be outwith the currently application development
boundary. SEPA are satisfied that the proposed watercourse engineering works are
consentable under The Water Environment (Controlled Activities) (Scotland)
Regulations 2011 (As Amended), provided the following planning condition is
attached to any decision: no development to commence until confirmation has been
obtained that the diversion works have approval by separate planning application 
Transport Scotland (27th January 2023) – no objection subject to the inclusion of
planning conditions relating to: a construction traffic method statement, prior
approval of the abnormal load route; and signage and temporary traffic control
measures. 
NatureScot – No response at time of writing. 
ARGYLL & BUTE COUNCIL INTERNAL CONSULTATION RESPONSES 
Local Biodiversity Officer (7th February 2023) – has no objection to the proposal,
noting that there are no designated sites within the proposed development. The
proposed losses of habitats are of low botanical value with the exception of the
broadleaved woodlands and marshy grasslands. However the habitats are also
common and widespread within the area and therefore predicted not to be a
significant loss. The officer concurs with the mitigation report in relation to ecological,
ornithological and the actions to deliver the mitigation. Planning conditions are
recommended to include, detailed landscape planting plan, incorporation of the
species action plans into the General Environment Management Plan and the
production of an Invasive Non-native species management plan. 
Area Roads Officer (7th February 2023) - no objection, subject to a condition
requiring site access to be from the A83 Tarbet – Campbeltown trunk road only. 
Environmental Health Officer- (18 January 2023) - no objections and does not
foresee any issues regarding noise impacts given the distance between the
proposed site and existing sensitive receptors.
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West of Scotland Archaeological Service (1st February 2023) - agrees with the
conclusions contained within the Cultural Heritage section of the EA, and
recommends a planning condition for the implementation of a programme of
archaeological works. 
Core Paths Officer – no response at time of writing. 
Inveraray Community Council – no response at time of writing. 
(D) HISTORY:   
Specific to the site: 
21/01887/PAN – Proposal of Application Notice for the erection of electricity
substation comprising: platform area, control building, associated plant and
infrastructure, ancillary facilities, access track(s), laydown area(s) and landscape
works. An Suidhe Substation, Land north west of Achnagoul, Inverarary, Argyll and
Bute. Opinion issued on 3rd May 2022. 
21/01639/SCREEN – Screening opinion for the erection of a 275kV gas insulated
switchgear substation. An Suidhe windfarm, Inveraray. Opinion issued on 23rd March
2022. 
19/01178/PP – Temporary change of use of land, ground works, hardstanding and
fencing to form works compound, including siting of modular buildings and storage
of construction materials and equipment. Land north of Killean House, Inveraray,
Argyll and Bute. Planning permission granted 2nd September 2019. 
Of relevance: 
22/02281/S37 – Install and keep installed approximately 1.34km of realigned 275kV
overhead line supported on 6 new steel towers to connect the proposed An Suidhe
Substation via down-leads to the existing 275kV Inveraray to Crossaig overhead
line. An Suidhe Windfarm, Inveraray, Argyll and Bute. Currently being considered. 
22/01362/SCOPE – Scoping opinion for proposed Section 36 for Eredine Wind
Farm. Eredine Woodland, East Lochaweside, Argyll and Bute. Scoping Opinion
issued by Energy Consents Unit on 20th September 2022.   
(E) PUBLICITY:   
MREG20- Regulation 20 Major Application Advert – Expired on 17th February 2023. 
(F) REPRESENTATIONS:   
(i) Representations received from: 
At the time of writing, two public representations have been received by the following
parties: 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
 Raymond Mundie of the Forest Enterprise (2nd March 2023), confirm they are
the landowner at present and request the removal of sitka spruce, western
hemlock and larch in the norther eastern area of the application site to
support the Forest Enterprise’s native woodland restoration. 
 Strachur and District Community Council (16th February 2023) - confirm they
have no specific comments to make. 
Representations are published in full on the planning application file and are available
to view via the Public Access section of the Council’s website. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☒Yes ☐No – included
within the Environmental
Appraisal Report. 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
Environmental Appraisal Report
Planning Statement
Pre-application Consultation Report 
The Environmental Appraisal Report covers the
following topics:
 Proposed Development
 Landscape and Visual Appraisal
 Ecology and Ornithology
 Forestry
 Geology, Hydrology and Hydrogeology
 Archaeology and Cultural Heritage
 Noise Assessment
 Traffic and Transport
 Mitigation Proposals 
The supporting Technical Annexes includes:
 General Environmental Management
Plans
 EIA Screening Letter
 Landscape Assessment Methodology
 Landscape Character Sensitivity Table
☒Yes ☐No 
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 Photomontages and Landscape Figures
 Ornithology Consultation
 Extended Phase 1 Habitat Survey
 Species Protection Plans
 Forestry
 Drainage Strategy and Drainage Plans
 Hydrology Methodology
 Private Water Supply Risk Assessment
 Water Construction Management Plan
 Peat Management Plan
 Peat Slide Risk Assessment
 Transformer Delivery Route Report
 Cultural Heritage Appraisal and Site
Gazetteer
 Noise and Vibration   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No 
(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. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 11 – Energy
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 23 – Health and Safety
NPF4 Policy 25 – Community Wealth Building 
Annex B – National Statements of Need
3. Strategic Renewable Electricity Generation and Transmission Infrastructure
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our
Environment 
LDP 5 –Supporting the Sustainable Growth of our Economy 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
SG LDP ENV 6 – Impact on Trees / Woodland
SG LDP ENV 7 – Water Quality and the Environment
SG LDP ENV 13 – Impact on Areas of Panoramic Quality (APQs)
SG LDP ENV 14 – Landscape
SG LDP ENV 16(a) – Impact on Listed Buildings
SG LDP ENV 19 – Impact on Scheduled Ancient Monuments (SAMs)
SG LDP ENV 20 – Impact on Sites of Archaeological Importance
SG LDP BAD 1 – Bad Neighbour Development
SG LDP Sustainable – Sustainable Siting and Design Principles
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 3 – Drainage Impact Assessment
SG LDP SERV 6 – Private Water Supplies and Water Conservation
SG LDP TRAN 1 – Access to the Outdoors
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 6 – Vehicle Parking Provision 
(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 3/2013. 
 ABC Technical Note – Biodiversity (Feb 2017)
 Argyll and Bute proposed Local Development Plan 2 (November 2019) -
The reporters have written to Argyll and Bute Council regarding the
Proposed Local Development Plan 2, which is currently at Examination.
Due to the status of the revised draft National Planning Framework 4 the
reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material
consideration it is now subject to this further assessment against NPF4
policies. Therefore, it considered appropriate not to attach significant
weight to PLDP2 policies during this time, i.e. until the consequences of
NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not
received objections and are not being dealt with at the Examination
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
may continue as strong material considerations, e.g. allocations
and potential development areas.
 Planning Advice Notes & Web based Renewable Guidance
 Renewable energy and climate change framework
 Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
 The Future of Energy in Scotland: Scottish Energy Strategy, Scottish
Government (December, 2017) and position update dated 16.3.21
 The Scottish Government’s Policy on ‘Control of Woodland Removal’
(Forestry Commission Scotland, 2009)
 Views of statutory and other consultees
 Planning history of the site
 Legitimate public concern or support expressed on relevant planning
matters 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No      
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☒Yes ☐No 
The PAC Report submitted with the application confirms that the public consultation
ran for seven weeks from 22nd November 2021- 10th January 2022 and was designed
to engage with stakeholders, the local community, landowners and individual
residents. The common themes from the feedback were impact on tourism and local
industry, consultation, and cultural heritage impacts. 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☒Yes ☐No 
The opportunity to attend a pre-determination hearing is required to be offered in
relation to applications for planning permission for major developments which are
significant departures from the development plan and for all national developments.
Their purpose is to allow the views of applicants and those who have made
representations to be heard before a planning decision is taken. The Planning
Authority has discretion over how hearings will operate in its area. Subject to no
requests for a pre-determination hearing being received from the applicant or
consultee by 14th May 2023, a Hearing will not be required.    
(P)(i) Key Constraints/Designations Affected by the Development:
 Ancient Woodland Inventory
 SEPA Flood Zones (Surface Water)
 SPR Paths
 Archaeology 
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(P)(ii) Soils
Agricultural Land Classification:  Class 6.3
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒ N/A 
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☒No
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☒No 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
☒Yes
☐No 
Does the proposal include any replacement or
compensatory planting?
☒Yes
☐No details to be secured by condition
☐Not applicable  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application
(tick all relevant boxes)
☐Brownfield
☐Brownfield Reclaimed
☒Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 (tick all relevant boxes)
☐Main Town Settlement Area
☐Key Rural Settlement Area
☐Village/Minor Settlement Area
☐Rural Opportunity Area
☐Countryside Zone
☒Very Sensitive Countryside Zone
☐Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs etc: N/A 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
The proposal is for the erection of a 275kV substation to connect into the recently
completed overhead line between Inveraray and Crossaig. The proposal is part of a
number of infrastructure proposals to “maintain an efficient, coordinate and
economical electrical transmission system” and is required to allow connection for
renewable energy generation in the area across the wider electricity network. 
The Proposed Development consists of the substation buildings and electrical
infrastructure, and associated works required to accommodate construction,
landscaping and access. The development footprint for the proposed substation site
once completed, includes the substation platform, cut/fill embankments, access road,
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
associated culverts, Sustainable Urban Drainage System (SUDS) and OHL
connecting down-leads and towers. 
It is considered that the proposal would accord full with the policies of the
development plan and there are no material considerations which would indicate
otherwise. 
Taking account of the above, it is recommended that planning permission be
approved subject to conditions. A full report is included in the appendix of this report. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The Scottish Government and the Council each have policies in support of projects
which increase the capacity of the grid network to serve the community and in
particular the significant level of investment in renewable energy. NPF4 justifies the
need for such investment highlighting such development as of national importance. 
Argyll and Bute has been successful in attracting inward investment in renewables,
enabled in part by a significant level of investment in the improvement of the
electricity transmission network. This success has led to the area having a good
understanding of this type of development and this Council having appropriate
policies and guidance to assist in its assessment, and to effectively manage their
implementation on the ground. For example, the use of Construction Environmental
Management plan [CEMP], a particular approach to assist with the implementation/
management of such large-scale projects with a focus on environmental protection.
There are investment benefits too that favour these projects, not just the short term
from construction but a continued stream of investment assisting with partnership
networks with local companies. 
Statutory and other consultees responding to this application are generally
supportive. Some have requested planning conditions to be attached to any grant of
planning permission to effectively ensure that their specific interests are secured. 
There are clear impacts that might be expected from this development, particularly
during its construction. These can be managed through best practice construction
management techniques to ensure surrounding interests, particularly road access
and the amenity of local housing is safeguarded from the key impacts of the
development; by planning conditions to strengthen and clarify plans and supporting
environmental information provided by the applicant. The proposal will also be
overseen by an appointed Ecological Clerk of Works, with any permission requiring
regular compliance monitoring and ongoing engagement. 
Although not development under the provisions of the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017, Officers are
satisfied that environmental effects of this development can be addressed by way of
mitigation. Officers have incorporated the requirement for a schedule of mitigation,
and monitoring of construction and operational compliance within the conditions of
this permission. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
The application can be supported in the context of the Council’s Development Plan
relating to renewable energy grid infrastructure and the underlying support for
renewable energy development which is consented in this area. The application falls
within the category of National Development under NPF4 which establishes the need
for such development and accords with the principles established under Policy 11:
Energy of NPF4. All relevant matters have been taken into account when appraising
this application. It is considered that the proposal accords with the principles and
policies contained within the Local Development Plan and National Planning
Framework 4 and is acceptable in terms of all other applicable material
considerations. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Stephanie Wade Date: 09/05/2023 
Reviewing Officer: Sandra Davies Date: 09/05/2023 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/02479/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. The development shall be implemented in accordance with the details specified on the
application form dated 16th December 2022; the Environmental Appraisal (November
2022), supporting information and, the approved drawings listed in the table below
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. 
Plan Title. Plan Ref. No. Version Date Received
Site Location
Plan
A01 A01 13/01/2023
Figure 1.1 An
Suidhe
Substation Red
Line Boundary
A01 A01 13/01/2023
Site Layout Plan 4534a-DR-P-0017 Rev.2 19/12/2022
Substation
Compound
Layout and
Electrical
Section
Locations
4534a-DR-P-0004 Rev.3 13/01/2023
Proposed Site
Access Profiles
4534a-DR-P-0021  07/12/2022
Proposed Site
Profiles
4534a-DR-P-0018 Rev.1 07/12/2022
Site Access
Details
4534a-DR-P-0008 Rev.1 07/12/2022
Typical Access
Track Sections –
Sheet 1
4534a-DR-P-0007 Rev.2 07/12/2022
Typical Access
Track Sections –
Sheet 2
4534a-DR-P-0012 Rev.2 07/12/2022
Typical Deer
Fence and Gate
4534a-DR-P-0016  07/12/2022
2.5m High
Security
Palisade
Fencing Details
CE/34/2015 Rev.E 19/12/2022
Electrical Layout
Elevations 01
4534a-DR-P-0011 Rev.1 07/12/2022
Electrical layout
Elevations 02
4534a-DR_P-0013 Rev.2 07/12/2022
Generator
Building
Elevations
4534a-DR-P-0009 Rev.2 07/12/2022
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Generator
Building Floor
Plan
LT288 An
SUIDHE_DIESEL_FLOOR
Rev.1 13/01/2023
Substation
Building
Elevations
4534a-DR-P-0006 Rev.2 07/12/2022
Substation
Building Layout
4534a-DR-P-0005 Rev.1 07/12/2022
Transformer
Building
Elevations
4534a-DR-P-0019  07/12/2022
Transformer
Building Layout
4534a-DR-P-0020  07/12/2022
An Suidhe Septic
Tank and Private
Water Supply
Location 
A01 13/01/2023 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. No construction works shall be commenced until a Finalised Construction
Environmental Management Document [CEMD] has been submitted to and approved
in writing by the Planning Authority, in consultation with SEPA and other consultees,
as appropriate. The development shall then proceed in accordance with the approved
CEMD unless otherwise agreed in writing by the Planning Authority. The CEMD shall
include:
a) An updated Schedule of Mitigation (SM) highlighting mitigation set out within
each chapter of the Environmental Appraisal (EA), and the conditions of this
consent;
b) Processes to control/ action changes from the agreed SM;
c) Construction Environmental Management Plans (CEMPs) for the construction
phase covering:
i) Habitat and species protection, including ECoW Details, surveys and
species protection plans;
ii) Landscape and Mitigation Restoration Plan including compensatory
planting (refer to Condition 9);
iii) Pollution prevention and control;
iv) Dust management, including construction activity and vehicle
movements;
v) Construction noise and vibration
vi) Temporary site lighting;
vii) Watercourse crossings;
viii) Site waste management
ix) Surface and ground water management, including: drainage and
sediment management measures from all construction areas including
access tracks, mechanisms to ensure that construction will not take
place during periods of high flow or high rainfall; and a programme of
water quality monitoring;
x) Soil Management and Peat Management Plan 
xi) Mapping of borrow pits and associated habitats identified for
restoration;
xii) Invasive Non-Native Species Management Plan
xiii) Emergency Response Plans;
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xiv) Timetable for post construction restoration/ reinstatement of the
temporary working areas and construction compound; and 
xv) Other relevant environmental management as may be relevant to the
development
d) A statement of responsibility to ‘stop the job/ activity’ if a breach or potential
breach of mitigation or legislation occurs; and
e) Methods of monitoring, auditing, reporting and the communication of
environmental management on site and with client, Planning Authority, and
other relevant parties. 
Reason: To ensure protection of surrounding environmental interests and general
amenity. 
3. No development shall commence until a Construction Traffic Management Plan
(CTMP) and Phased Delivery Plan have been prepared and approved in writing by the
Local Authority, in consultation with the Roads Authority, and Transport Scotland as
the trunk roads Authority. The Plan shall include details of:
a) Approved access routes, 
b) Agreed operational practises (including avoidance of convoy movements,
specifying conduct in use of passing places, identification of turning areas,
information of wheel cleansing facilities, signage to be installed on the A83
warning of construction traffic, signage or temporary traffic control measures
to include for larger or abnormal loads, reporting of verge damage); 
c) The provision of an appropriate Code of Practice to drivers of construction and
delivery vehicles. 
d) Abnormal load route surveys and finalised plan (including any accommodation
measures required including the removal of street furniture, junction widening,
traffic management). 
The development shall be implemented in accordance with the duly approved Traffic
Management Plan 
Reason: To minimise the interference with the safety and free flow of traffic on the
trunk road and to ensure that the transportation of abnormal loads will not have any
detrimental effect on the trunk road network. 
4. No development or ground breaking works shall commence until a programme of
archaeological works in accordance with a written scheme of investigation, has been
submitted to and approved in writing by the Planning Authority in consultation with the
West of Scotland Archaeology Service. The scheme shall be prepared by a suitably
qualified person and shall provide for the recording, recovery and reporting of items of
interest or finds within the application site. Thereafter the development shall be
implemented in accordance with the duly approved details with the suitably qualified
person being afforded access at all reasonable times during ground disturbance
works. 
Reason: In order to protect archaeological resources 
5. No development shall commence, until a strategy for housing incoming construction
workers shall be submitted to and approved in writing by the Planning Authority.
Thereafter the development shall be carried out in accordance with the approved
details. 
Reason: In order to ensure that any potential adverse impacts on the functioning of
the local housing market and tourist accommodation to the detriment of the interests
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of the local community are identified and mitigated in accordance with the
requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. 
6. No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist/ hydrogeologist or other
suitably competent person and shall include a risk assessment having regard to the
requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006
or Part 3 of the Water Intended for Human Consumption (Private Supplies) (Scotland)
Regulations 2017 (as appropriate) which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
supply in the vicinity of the development, or any other person utilising the same source
or supply, shall not be compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational. 
Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
7. No development shall commence until detailed planning permission has been granted
for the watercourse diversion works located outwith the red line development boundary
of 22/02479/PP.   
Reason: To ensure that the watercourse diversion works located outwith the red line
development boundary for this application are considered in full and permitted by
separate planning application, in accordance with SEPA advice. 
8. No development shall commence until full details of the final drainage scheme and
watercourse diversion have been submitted to and approved in writing by the Planning
Authority, in consultation with the Council’s Flood Risk Advisors and SEPA. The
approved drainage and watercourse diversion scheme shall be implemented in full
and maintained in accordance with the approved details in full, prior to the first use of
the development. 
Reason: To ensure satisfactory arrangements for the disposal of surface water are
provided and to ensure the watercourse diversion is acceptable. 
9. No development shall commence, until a revised Landscape Planting Plan and
Maintenance Plan in accordance with BS EN ISO 11091:1999 has been submitted to
and approved in writing by the Planning Authority. The revised plans must include:
a) A plan showing numbers and locations of each tree and shrub species;
b) Planting schedule to show for each species, the total number, type and size at
planting;
c) Specification for planting to include ground preparation, planting operations
and protection from herbivores;
d) Compensatory planting scheme for tree loss
e) Schedule of implementation and phasing; 
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The approved Landscape Planting Plan and Maintenance Plan shall thereafter be
implemented in full in accordance with the implementation schedule and maintained
in accordance with the approved details. Any plant losses within the first five years will
be replaced at the next planting season. 
Reason: To ensure the development conserves and enhances the landscape
character and biodiversity interests of the area. 
10. Watercourse crossings, hereby permitted, shall be designed to at least the capacity of
the existing channel and to the 1 in 200 year plus climate change flow and an
allowance for freeboard, unless otherwise agreed in writing by the Planning Authority.   
Reason: To ensure that new watercourse crossings do not affect the existing flows in
the interests of flood risk. 
11. No external lighting shall be installed on the site other than with the prior written
approval of the planning authority. In that event the location, type and luminance of
the lighting units to be installed shall be specified, and any duly approved lighting shall
be installed in a manner which minimises illumination and glare outwith the boundary
of the application site. The site shall not be illuminated other than in the event of staff
being present on site. 
Reason: In order to avoid unnecessary visual intrusion in the interests of the visual
amenity of an area otherwise unaffected by the presence of light sources. 
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NOTE TO APPLICANT 
 Guidance on the submission of a request for a Non Material Amendment [NMA] is
available online: Guidance Note 
 Details of regulatory requirements and good practice advice can be found on the
regulations section of our website. Any works within the water environment will require
authorisation under The Water Environment (Controlled Activities) (Scotland)
Regulations 2011 (As Amended) (CAR) and contact should be made with the SEPA
Water Permitting Team at waterpermitting@sepa.org.uk. 
 Regulatory requirements for private water supplies should be discussed with the
Council’s Environmental Health Officers in the first instance. 
 A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from
the Council’s Roads Engineers prior to the formation/ alteration of a junction with the
public road. 
 The access shall be constructed and drained to ensure that no surface water is
discharged onto the public road. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  22/02479/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Settlement Strategy 
1.1. The Development Plan comprises National Planning Framework 4 [NPF4] and the Argyll
and Bute Local Development Plan 2015 [LDP], for Argyll and Bute development
management purposes. By way of background, in the event of any incompatibility
between a provision of NPF4 and a provision of the LDP, NPF4 will take precedence. 
1.2. The proposal is for the erection of a 275kV substation to connect into the recently
completed overhead line between Inveraray and Crossaig. The proposal is part of a
number of infrastructure proposals to “maintain an efficient, coordinate and economical
electrical transmission system” and is required to allow connection for renewable energy
generation in the area across the wider electricity network. 
1.3. NPF4 includes plans for infrastructural investment including a high voltage electricity
transmission network deemed vital for meeting national targets for electricity generation,
statutory climate change targets and security of energy supplies. The current application
falls into the category of National Development, as detailed within NPF4. Whilst this
establishes a need for the project, all necessary assessments and consents are still
required for such development. Appropriate levels of mitigation would still be expected to
help avoid and reduce environmental effects. 
1.4. Policy 11 of NPF4 provides an overriding support for enabling works, including grid
transmission and distribution infrastructure, where the development maximises net
economic impact, together with ensuring the development does not have an unacceptable
significant impact on the environment, local communities, historic environment, landscape
character, and visual amenity. The proposal must therefore be assessed against the other
NPF4 and LDP policies referenced in this report. 
1.5. It is recognised by the Council that an important infrastructure related issue is renewable
energy, where Argyll and Bute’s considerable potential to contribute to national targets is
currently being constrained by insufficient grid capacity. The principle of development is
therefore consistent with the broad principles of NPF4 Policy 11 having regard to its
strategic significance in transmitting electricity from areas of generation to areas of
consumption by aiding to the improved grid network. 
1.6. In terms of the Local Development Plan Settlement Strategy, the application lies within
the ‘Very Sensitive Countryside’ development management zone, as defined by Policy
LDP DM1 of the Argyll and Bute Local Development Plan 2015. Policy LDP DM1 supports
the development of renewable energy related development within the ‘Very Sensitive
Countryside’ development management zone, providing they are consistent with other
Local Development Plan policies. As a required infrastructure project, to meet the
demands required by renewable energy developments within the wider area, the principle
of development is considered acceptable under the terms of policies LDP DM1
(Development Within the Development Management Zones) of the Argyll and Bute Local
Development Plan 2015; and Policy 11 (Energy) of NPF4. 
2. Background to the Proposal
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2.1. This application forms part of Scottish & Southern Electric Networks ‘Argyll and Kintyre
275kV Strategy. The project looks to upgrade the original transmission network within
Argyll and Bute which was constructed over 60 years ago and designed to transmit
electricity to consumers in rural areas of low-density population, to a transmission network
which meets modern transmission demands, predominantly from renewable generation.
Requests from renewable generation developers to connect to the network in this area
exceed current capacity of the existing transmission network, meaning a new
transmission circuit is required to meet demand from energy developers and ensure
security of supply. SSEN therefore look to increase the network capability in Argyll and
Kintyre to enable connection of further renewable generation and to export to the wider
GB network. The 275kV Strategy consists of 3 projects as outlined below: 
2.1.1. Argyll and Kintyre 275kV Substations – Existing connected substations to the
south of Inveraray require upgrading to 275kV capability, and as a result SSEN
are proposing a new project involving the construction and operation of new
275kV substations in the vicinity of the existing An Suidhe, Crarae and Crossaig
substations, and in the vicinity of Craig Murrail, north of Lochgilphead. 
2.1.2. Creg Dhubh – Dalmally 275kV Connection – This project involves establishing a
new substation (permitted under permission 22/00782/PP) and a new switching
gear station at Glen Lochy, connected by approximately 14km of new overhead
line.
2.1.3. Creg Dhubh – Inveraray 275kV Overhead Line - This project involves 8-12km of
new overhead 275kV line constructed between the permitted new substation at
Creag Dhubh and a connection point on the Inveraray to Crossaig overhead line.
It will initially operate at 132kV, but will be capable of 275kV operation, once
associated transmission network connected substations to the south have been
upgraded to 275kV capacity. The existing 132kV overhead line between
Inveraray and the Creag Dhubh substation will be removed. 
2.2. The key drivers for the project are the connection of the Earraghail Windfarm and Tangy
IV Windfarm, both due to connect in April 2027. 
2.3. For the purposes of this report, reference is made cumulatively to the Associated
Development which runs concurrently to this application and is being considered under a
separate application under Section 37 of the Electricity Act 1989 (ref.22/02281/S37). The
s37 application seeks permission for the construction of six new steel lattice towers to
support the realignment of the overhead line which will connect to the new substation
together with the construction of new tracks; temporary overhead line diversions and the
dismantling of seven redundant towers. 
3. Location, Nature and Design of Proposed Development 
3.1. The proposed development is located approximately 4km south west of Inveraray, 300m
west of Douglas Water and upslope of the existing An Suidhe substation. The site is
located via existing tracks off of the A83. The site comprises recently felled coniferous
woodland. The surrounding land is a mix of broadleaved and coniferous woodland
plantations with small areas of semi-natural mixed and broadleaved woodland. There are
a number of watercourses running through the development site including the Allt Torn
a’Challtuinne, which stems south of the Douglas Water. Ancient woodland is located
along the eastern boundary of the site. The site includes no other designations. 
3.2. The site selection process for the substation is detailed in the Environmental Appraisal
(refer to section 2.4: Alternatives). This explains that the site selection included an
appraisal of operational, technical, health and safety, economic and environmental factors
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for each of the potential sites. Of the five sites, there were two identified preferred sites
(AS1 and AS2) on the basis of the least potential for environmental and technical
constraints. Both sites AS1 and AS2 shared a medium risk in relation to hydrology,
geology, designated and non-designated cultural heritage assets, as well as forestry. Site
AS1, now the subject of this application, was chosen as it was considered to provide an
optimum balance of environmental, technical and cost factors. 
3.3. The Proposal comprises the creation of a substation platform in the region of 1.3ha to
accommodate the Gas-Insulated Switchgear [GIS]. This would be created using cut and
fill to create a level platform at 174 AOD. One side of the substation will comprise 275kV
GIS, housed in a single storey building with an attached single storey control building
annex (approximately 53m x 26m x 22m). The 275/33kV super grid transformer is
proposed to be located within a second building (measuring approximately 35m x 30m x
16m). Two gantries and electrical equipment/ down-leads are proposed to be installed to
connect the adjacent overhead line to the proposed substation. A further building will
house a diesel generator (6m x 2.4m x 3m). All buildings are proposed to be painted in a
recessive colour of Olive brown Ral: 8008. The 275/33kV super grid transformer is rated
at 120 MVA. Security fencing and landscaping are proposed together with the
construction of 295 metres of access track (3.5m wide). 
3.4. A private water supply will be provided by a borehole and foul and surface water drainage
is provided by a SUDs pond, outfall pipe and septic tank. These are required to serve the
development with toilet and wash facilities for maintenance staff. Regarding lighting, the
proposal will use sensor activated security lighting for night time access. 
3.5. The use of GIS instead of Air-Insulated switchgear [AIS] is a welcomed design approach
as GIS requires a smaller footprint than AIS, and the majority of its electrical infrastructure
is housed within a building which aids mitigation of visual and noise impacts arising from
the proposal. 
3.6. It is considered that the setting and design of the development would be sensitive to the
site and would accord with the principles set out in the Council’s Sustainable Siting and
Design Principles contained within the LDP Supplementary Guidance. 
4. Natural Environment 
4.1. The intention of NPF4 Policy 4, is to protect, restore and enhance natural assets, making
the best use of natural-based solutions. Policy 4(a) which sets out that development which
by virtue of type, location or scale will have an unacceptable impact on the natural
environment, will not be supported. Policy 3 of NPF4 seeks to ensure that biodiversity is
enhanced through the creation of strengthened nature networks. Policy 11(E-ix) of NPF4
requires developments to demonstrate how any impacts on biodiversity, including impacts
on birds are mitigated. At LDP level, Policy LDP 3 requires the protection, conservation
and enhancement of our environment. Supplementary guidance policy LDP ENV1
provides additional detail in relation to development impact on habitats, species and our
biodiversity. 
4.2. There are no statutory or non-statutory designated ecological sites covering the site itself.
The nearest designated site is the Ardchyline Wood Site of Special Scientific Interest
(SSSI) which is located 4.9km from the eastern side of the Development. The SSSI is
designated for its biological features covering 176.07ha and represents one of the best
upland oak woodland in Cowal. Owing to this separation distance, and the intervening
topography and vegetation, no likely significant effects on any of the qualifying features
of this designation would arise. These findings are accepted by the Planning Authority,
with no HRA Appropriate Assessment being required. 
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4.3. The habitats present across the site have been subject to survey. The majority of the
Proposed Development is within commercial coniferous plantation of low ecological and
conservation value. There is an area of semi-natural broadleaved woodland, which is of
higher ecological importance than the surrounding conifer habitat. The application site
itself is of low ecological value due to being recently felled coniferous plantation. The
Project does involve the loss of areas of these habitats, however it is considered that as
the habitats are common and widespread within the area, the loss is not predicted to be
significant. By way of mitigation, the applicant looks to undertake additional planting in
line with their Biodiversity Net Gain strategy which sets the target to achieve No Net Loss
on all projects gaining consent from April 2020. Habitats which are subject to temporary
loss are proposed to be restored by the creation of new parcels of native woodland edge
tree/scrub around peripheral parts of the development site, together with species rich
grassland/ meadow to be introduced within the site itself and along the access route. A
planning condition is recommended to be included on any subsequent decision to agree
the final details regarding plant species, numbers and locations within the site. 
4.4. The proposal will not impact on Ancient woodland located within the surrounding areas.
There are no Ground Water Dependent Terrestrial Ecosystems [GWDTEs] or Annex 1
habitats present within the application site.  The GWTE habitats identified within the wider
area are rain-fed as opposed to being supported by groundwater. No invasive non-native
plant or animal species [INNS] were recorded although it is recommended that an INNS
Management Plan is sought by condition due to the location and risk of translocation. The
applicant has submitted a range of information. Breeding bird surveys undertaken in
2015-2016 recorded a number of species within the area including the UK Red Status
Birds of Conservation Concern, Mistle Thrush. No Schedule 1 bird species were recorded
at the proposed location. 
4.5. Ecological surveys found no signs of protected species within the footprint of the
Proposed Development, although survey work did find the presence of pine martin scat
within 100m from the access track. Without mitigation, the Environmental Appraisal
confirms that the development has the potential to result in habitat loss, disturbance and
displacement. Ecological impacts are to be mitigated through timing of works to avoid
ecologically sensitive seasons, additional planting, employing an Ecological Clerk of
Works [ECoW], undertaking pre-construction survey checks and following species
protection plans which feed into the General Environmental Management Plan [GEMP].
The assessment confirms that following successful implementation of the mitigation, no
residual effects on important ecological features, are considered to exist and no
cumulative impacts are predicted. 
4.6. Having due regard to the above it is concluded that the proposal will not have any adverse
impacts on the natural heritage including birds and is therefore consistent with the
provisions of SG LDP ENV 1 – Development Impact on Habitats, Species and Our
Biodiversity (i.e. biological diversity) and LDP 3 – Supporting the Protection, Conservation
and Enhancement of our Environment  of the Argyll & Bute Local Development Plan; and
Policy 3- Biodiversity and Policy 4- Natural Places and Policy 11(ix) of NPF4. 
5. Historic Environment 
5.1. Policy 11 (E-vii) of NPF4 requires development proposals to demonstrate how they have
mitigated against potential impacts on the historic environment and Local Development
Plan Policies LDP 3 and SG LDP ENV 16 accord with this provision seeking
developments to be assessed against any impact they may have on the historic
environment, including scheduled monuments, listed buildings and their settings. 
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5.2. There are no designated heritage assets within the Proposed Development area,
however, four category B listed buildings are within a 2km radius- located at 1.2km at the
closest point. A setting assessment was carried out for the nearby Old Bridge of Douglas
at Claonairigh. The main setting of the bridge was its function as part of the road, which
would have serviced the transport of goods and people around the area. It may have been
of particular importance to the nearby woollen mill (LB12946) and Claonairigh Laird’s
House (LB12945). As a Category B Listed Building, the bridge has regional importance,
however, the importance of its setting is mainly limited to its relationship with the river, the
road which it carried and nearby historic buildings. There is no setting impact anticipated
from the proposed development due to distance, topography and the extensive tree cover
both around the bridge and in the area between the bridge and substation. 
5.3. With regards to non-designated assets, walkover surveys identified one asset within the
study area, the remains of a post-medieval drystone wall. Three other similar walls were
identified along the access route. There is potential for these assets to be impacted by
construction works and access track improvements, and mitigation measures include:
firstly avoidance of the asset, archaeological exclusion zones of 5m and thirdly recording
of any structures required to be removed where the works directly affect the asset.
Although the potential for buried archaeological remains to be present is considered to be
low, it cannot be discounted and an archaeological watching brief for all ground breaking
works is put forward by the applicant. The West of Scotland Archaeological Service agree
with the EA conclusions and recommend the inclusion of a planning condition for the
agreement and implementation of a programme of archaeological works. Historic
Environment Scotland has no specific comments on the scheme. 
5.4. Having due regard to the above and subject to the condition recommended by the West
of Scotland Archaeology Service, it is concluded that the proposal will not have any
adverse impacts on the historic environment, including listed buildings and their settings,
and is therefore consistent with the provisions of Policy 11 of NPF4, together with LDP
Policies LDP 3 and SG LDP ENV 16.   
6. Water, Flood Risk, Drainage and Soils 
6.1. Policy 11 (E-viii) of NPF4 requires development proposals to demonstrate how they have
mitigated against potential impacts on hydrology, the water environment and flood risk. 
6.2. Surveys of soils and peat and all surface water features have been undertaken to assess
the potential effects of the proposed development on water quality within burns and rivers,
water abstractions (drinking water) and habitats dependent on the groundwater at the site. 
6.3. The site sits within the sub-catchments of Allt Tom a’Challtuinne to the north west and Allt
Garbh to the south which are part of the wider catchment of the Douglas water. The
Douglas Water is located 300m east and downslope from the Development. The
application site is not at risk of flooding. To protect the water environment from potential
construction pollution, the application includes mitigation measures including 50m
watercourse buffers for construction works with the exception of watercourse crossings;
and the implementation of a Water Construction Environmental Management Plan.   
6.4. Regarding public and private drinking water catchments within the area, the EA includes
confirmation from Scottish Water that the proposal is at a sufficient distance from the
intake to be low risk but recommends water quality protection measures are implemented.
Regarding the private drinking water catchment supplying Saunach Kennels, the
Assessment confirms that the property is supplied by a spring source which is
hydrologically disconnected from the development, by the Douglas Water. As outlined
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within the Water Construction Environment Management Plan, a water monitoring
schedule is proposed to be implemented. 
6.5.  As a result of felling during the construction phase, there may be increased run-off rates
during the initial operation of the substation. On-site and off-site compensatory planting
for woodland removed for infrastructure and replanting onsite to ensure there is no net
loss of woodland area will limit the temporary increase in run-off rates in the medium to
long term. 
6.6. The proposed development includes the creation and improvement of new watercourse
crossings for the access track to the site. A planning condition is therefore recommend to
ensure that watercourse crossings are to be designed such that post-development
channel capacity is the same or greater than pre-development channel capacity. Due to
the requirement for the substation groundworks to affect a watercourse lying immediately
south, with some of these works for a diversion being outwith the red line development
area for this application, SEPA confirm that a planning condition is required to ensure that
no development commences for this application, if permitted by Committee, until details
of the watercourse diversion have been submitted to and approved by separate planning
application. A planning condition is also recommended to agree the final details of the
watercourse diversion works located within the development area. 
6.7. Regarding drainage matters, the proposal will utilise a surface water drainage system of
filter drains, leading into a SUDs attenuation basins on site, which has been designed to
have adequate capacity to cater for the storage required to attenuate surface water-runoff.
The water is to be attenuated and restricted to 33.4l/s before discharge to the watercourse
to the west. This accords with the greenfield run-off rate for the site. A planning condition
is recommended to review and agree the finalised drainage measures, to include detailed
plans. Potable water is to be supplied to the site via the installation of a proposed private
water drinking supply. A planning condition is recommended to ensure a full assessment
of the supply is undertaken to ensure it is potable, wholesome and in good quantity. Foul
water is proposed to be dealt with by the installation of a septic tank, with waste being
managed, inspected and drained by a licensed courier with offsite disposal. The septic
tank is subject to SEPA registration. 
6.8. Policy 5 of NPF4 confirms that developments that would potentially have a significant
adverse effect on soil resources and functions or peat structure and function in terms of
disturbance, degradation or erosion would not be supported unless it is demonstrated that
such adverse effects are clearly outweighed by social, environmental or economic
benefits of community wide importance arising from the development proposal; and a soil
or peatland management plan is submitted and demonstrates the mitigation measures to
limit impact. 
6.9. The geology and soils for the application site comprise of a mix of Semipelite and
Metagarbo rock. Peaty gleys are present across the application site. The site is underlain
by Class 5 peaty soil as defined by the Carbon and Peatland Map. Peat depth surveys
confirmed depths within the site varying from 0m up to 3.9m. Probes in excess of 2m were
confined to lower lying localised pockets to the south west. The development has been
designed to avoid any significant areas of deep peat. The permanent access track linking
the substation and SUDs attenuation pond to the existing track lies on shallow peat,
however one reading of 1.4m depth was recorded. 
6.10. The proposal and its associated development (22/02281/S37) are estimated to disturb
7,474m3 of peat. A Peat Management Plan has been submitted with the application
outlining the full measures to mitigate potential impacts on peat through the construction
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phase. The proposed reinstatement of peat and peaty soils on track and infrastructure
verges; and in the vicinity of the original location surrounding the proposed substation is
welcomed. The substation hardstanding area and associated earthworks will be dressed
with up to 0.5m of peat and peaty soils. The SuDs attenuation pond will be located ouwith
peatland. The peat balance calculations demonstrate that there will be a balance in
excavation and reuse of peat and peaty soils with no surplus or deficit arising from the
development. The Council’s Local Biodiversity Officer is content with the conclusions of
the Peat Management Plan. No risks has been identified through the Peat Landslide
Hazard Risk Assessment. 
6.11. In summary, the proposed development maintains at least a 50 m set back distance
from all watercourses. In addition, all surface water drainage will be designed to ensure
that there are no adverse effects on water quality, or the rate and volume of surface runoff.
Based on the proposed design and the standard good practice construction stage
mitigation, no significant adverse effects are predicted for the water environment. Impacts
on peat can be mitigated through measures included within the Peat Management Plan
and Landslide Hazard Risk Assessment. A condition is recommended to ensure that all
works are carried out in accordance with a Schedule of Mitigation and General
Environment Management Plan to mitigate against pollution during construction and
operation. 
6.12. Having due regard to the above it is concluded that effects on hydrology, the water
environment, soils and flood risk have been considered and subject to the inclusion of the
planning conditions, the proposal is therefore consistent with the provisions Policy 5 and
Policy 11 of NPF4. 
7. Impact on Woodland 
7.1. Policy 11 (E-x) of NPF4 requires development proposals to demonstrate how they have
mitigated against potential impacts on the trees, wood and forests. Policy 6 of NPF4 and
Argyll and Bute’s Supplementary Guidance LDP ENV 6 (Development Impact on Trees/
Woodlands) confirms that developments likely to have an adverse impact on trees will be
resisted. Where it is demonstrated that tree removal is required, the guidance requires
planting of new woodland/ trees, including compensatory planting and management
agreements. The Scottish Government’s Control of Woodland Removal Policy (2009)
confirms that woodland removal should be allowed only where it would achieve significant
and clearly defined additional public benefits and a proposal for compensatory planting
may form part of this balance. Policy 6(d) of NPF4 states that development proposals on
site which include an area of existing woodland or land identified in the Forestry and
Woodland Strategy as being suitable for woodland creation will only be supported where
the enhancement and improvement of woodlands and the planting of new trees on the
site are integrated into the design. 
7.2. A Woodland Report has been submitted which assesses the felling impact of the
Proposed Development within the forest property and provides a compensatory planting
scheme. The new development would remove 0.13ha of mixed broadleaves at the north
west of the substation platform and at the bellmouth, and 3.73ha of 2/3 year old and 5/6
year old Sitka spruce and pine mix plantation. The long term impact of the proposed
development on future forestry operations is assessed as minimal, as a safe tree
clearance from the substation infrastructure would be established and the operation of
the development would not restrict key forestry management access routes. 
7.3. The felling areas and compensatory planting areas are considered to fully mitigate the
potential impacts of woodland removal by achieving a no net loss of woodland area. The
compensatory planting to be undertaken would replace the total area quantity of woodland
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removed for the development and cumulatively for the Associated Development of the
connecting overhead lines. This accords with the Scottish Government’s Control of
Woodland Removal Policy, to achieve no net loss of woodland. The compensatory
planting is to occur through a combination of on-site and off-site planting, and would
include native planting in place of non-native species in accordance with NPF4 Policy
6(d). NFP4 Policy 6 maintains a strong presumption in favour of protecting woodland
resources. The creation of the substation will however give rise to clear public benefits as
the proposal is to facilitate the long term security of energy supplies as well as enable
more renewable energy connections. Regarding existing trees adjacent to the
development area, it is confirmed within the GEMP that tree protection measures will be
installed. 
7.4. A public representation has been made by the landowner- Forestry Land Scotland-
seeking additional clearance of non-native trees to the north of the existing Douglas Water
Hydro pipeline. As this is not within the red-line development area, this does not form part
of the application consideration. However, it is understood that the Applicant will liaise
with the landowner by separate agreement regarding this request. 
7.5. Subject to the inclusion of planning conditions to ensure that the compensatory planting
scheme is implemented together, the proposal is considered to accord with NPF4 Policies
6 and 11, together with Local Development Plan SG LDP ENV 6 – Development Impact
on Trees /Woodland; and The Scottish Government’s Policy on ‘Control of Woodland
Removal’ (Forestry Commission Scotland 2009). 
8. Impact on Access to the Countryside 
8.1. Policy 11(E-iii) of NPF4 requires developments for renewable energy related
developments to be assessed against any impact they may have on public access,
including impact on long distance walking, cycling routes and scenic routes. It is
understood that the Development area is not well used for recreational activity and it is
concluded that the proposal will not have any adverse physical impacts on public access,
including impact on long distance walking and cycling routes and those scenic routes
identified in the NPF and is therefore consistent with the provisions of Policy 11 of NPF4. 
9. Landscape and Visual Impact 
9.1. Policy 11(E-ii) of NPF4 requires development proposals to demonstrate how the
development has mitigated against any significant landscape and visual impacts, arising
from the proposal. Where impacts are localised and appropriate design mitigation has
been applied, the Policy confirms that development will generally be considered
acceptable. Policy SG LDP ENV 14 in respect of Landscape and Policy LDP 3 of the
adopted Argyll and Bute Local Development Plan 2015 comprise the principal policies of
relevance to landscape and visual evaluation of the Proposed Development. The aim of
this policy is to protect, conserve and where possible enhance the built, human, and
natural environment. Policy LDP 3 also notes that a development proposal would not be
supported where adverse effects, including cumulative effects on the integrity or special
qualities of international or nationally designated sites; or, significant adverse effects, on
the special qualities or integrity of locally designated natural and built environment sites,
would occur. 
9.2. In addition, Policy LDP 9 concerns the design and setting of development, requiring
development to be sited and positioned to pay regard to the context, and be compatible
with the surroundings, particularly within sensitive locations including National Scenic
Areas, Areas of Panoramic Quality or Gardens and Designed Landscapes. 
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9.3. The Environmental Appraisal considers both landscape and visual impacts of the
proposed development with photomontages provided from a range of viewpoints. The
Assessment is focused on a study area of 5km, with three illustrated viewpoints, selected
to represent typical views from within the study area, illustrating the impacts on viewers
from different directions and at different distances and elevations. Viewpoints 1 (0.25km
away) and 2 (0.45km away) are both from the surrounding forestry tracks and viewpoint
3 (1.35km away) is from the A83, looking northwest to the site. 
9.4. The Proposed Development is located within the Plateau Moor and Forest Landscape
Character Area. The landscape is typified by upland plateau with rounded ridges, craggy
outcrops and irregular slope profile, upland lochs, very few, isolated buildings and
extensive, large-scale mosaic of open moorland and forestry. The site itself is within
commercial forestry plantation and its immediate visual influence is from the existing
infrastructure of the existing An Suidhe substation located 270m to the south and the
overhead power lines and towers extending from the existing substation and traversing
the surrounding landscape on a north-east to south-west orientation. The operational An
Suidhe wind farm is located 3.9km to the north-west, and all these elements are
connected by a series of access tracks. 
9.5. The proposal is not located within any national landscape designations. At regional level
the application site is located 1.8km to the west of the West Loch Fyne Area of Panoramic
Quality (APQ) and 4.4km to the west of the East Loch Fyne APQ. In addition, the
Inveraray Castle Garden and Designed Landscape is located 3.2km to the north east of
the Proposed Development. Regarding these designations, the Assessment concludes
that the zone of theoretical visibility of the proposed development, due to distance,
intervening topography and vegetation, is extremely limited and at worst, the proposal
would represent a very distant element in the background of the landscape on the far side
of Loch Fyne. Inveraray Garden and Designed Landscape is located 3.2km to the north
east and no views or effect on its designation are predicted. 
9.6. The proposed development is located within a largely rural landscape characterised by
dense coniferous forestry, bisected by existing grid infrastructure and forestry tracks. The
form of the landscape and prevalence of forest cover provides potential for screening/
filtering of views of the proposed development from many of the sensitive neighbouring
receptor locations. Table 3.2 of the Environmental Appraisal considers the receptor
sensitivity, and confirms that there would be negligible or no effect of the proposed
development on road users, recreational users of the core path; landscape designations,
settlements and nearby residential dwellings.   
9.7. The construction works would result in the permanent loss of the vegetation on site,
although this would account for a relatively small parcel of land within an expansive area
of surrounding forestry and rough grassland. Additional planting of vegetation and trees
is proposed to help mitigate both visually and to mitigate against the landscape fabric lost.
The impacts of the proposed development is considered to be highly localised and largely
contained within the area immediately surrounding the application site and the expansive
sense of scale of the landscape character is considered capable of accommodating the
development without altering the defining characteristics. The assessment considers the
impact on the Plateau and Forest LCT to be low, resulting in a locally moderate residual
effect, which reduces over extending distances from the wider area. 
9.8. Visual effect would be restricted based on the location of the site, which has a high degree
of visual enclosure due to the surrounding forestry and local topography. The site is
spatially separate from any major settlements, recreational attractions or transport routes,
and would therefore represent as a very minor element within wider vistas. In terms of
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cumulative effects, the proposed development would augment the presence of existing
power related infrastructure in the locality, in particular the existing An Suidhe substation
and associated overhead power lines. The net result would be to very slightly increase
the influence of this infrastructure in a northerly direction. The containing effect of the
surrounding tree cover would prevent the geographic spread of potential cumulative
effects across wider parts of the landscape and as such there would be very limited
cumulative effects on landscape character and visual amenity. 
9.9. It is evidenced that the proposed development will result in some localised adverse visual
impacts, and that due to the overall proportions of the development, the magnitude of
change will be perceptible. It has however been evidenced from the Environmental
Appraisal that the landscape and visual effects have been carefully considered, and
despite the site selection resulting in the loss of existing commercial forestry, the proposed
implementation of the Landscape Mitigation Plan and peatland restoration, which
includes: landscape planting and peat dressing of shoulders and areas adjacent to the
substation where possible, will result in the successful visual integration of this
development. The proposal is considered to comply with Policy 11 of NPF4, and Policy
SG LDP ENV 14 in respect of Landscape and Policy LDP 3 of the adopted Argyll and
Bute Local Development Plan 2015. 
10. Road Network, Parking and Associated Transport Matters. 
10.1. Policy 11 (E-vi) of NPF4 requires developments to demonstrate how they’ve mitigated
against any impacts on road traffic and on adjacent trunk roads, including during
construction. 
10.2. The main construction access to the proposed development will be from the A83
turning onto the forestry track using the existing access junction. Vehicles will utilise the
existing access tracks which currently serve the existing An Suidhe substation, before
utilising a new permanent access track to be formed off the minor access road to enable
access for vehicles during construction and for ongoing operational and maintenance
access to the Proposed Development. Upgrades are proposed to the minor roads leading
to the new permanent access to accommodate the abnormal load transformer delivery,
with final details of this to be agreed as part of a Construction Traffic Management Plan,
by planning condition. Transport Scotland also request the inclusion of a condition for the
prior agreement of the abnormal load route. 
10.3. Within phase 1, the construction of the permanent access track is proposed, which
comprises the creation of the 174 m long and 3.5 m in width track, using cut and fill, linking
the proposed substation site and the existing forestry track. The existing forestry track is
to be widened to create a 5m running surface. Any existing watercourse crossings along
the access, may require upgrading as part of the construction works with watercourse
crossings designed and constructed to comply with the legislation set out in the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, as amended. Parking
and vehicular turning is to be included within the substation platform. 
10.4. The Proposed Development will be constructed over a 30-month period. The monthly
maximum two-way HGV movements during the first three months of earthworks
represents a 9% increase in the average number of HGVs on the A83 per day. This will
reduce to 4% during the felling month and rise again for the remainder of construction
works. Car and LGV movements would result in a 2.4% increase in numbers on the A83
per day which will increase to 3.4% during construction months 7, 8 and 9. Cumulatively
with the Associated Development, which would affect construction months 13 and 14,
there would be a cumulative increase of 2.8% during peak construction for cars and LGVs. 
Furthermore, abnormal loads (transformers) will be required to be transported to the site.
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10.5. The Environmental Assessment determines that the likely construction traffic impacts
using the IEMA guidelines would be minor or negligible and non-significant for all potential
transport related effects. This is also predicted for cumulative impacts with neighbouring
developments subject to the implementation of mitigation measures. A Construction
Traffic Management Plan (CTMP) is proposed by the Applicant, which would include but
not be limited to: the programme of works, the agreed routes to site, measures to minimise
dust and dirt being deposited on the road; and appropriate signage. Operational traffic
generation, would be minimal with traffic generation trips for substation monitoring and
maintenance work only, which are at significantly less trip generations than that produced
at construction stage. 
10.6. The Council’s Area Roads Officer and Transport Scotland have no objections to the
proposal on transport and road safety grounds. Subject to the inclusion of the planning
conditions as outlined within the Area Roads Officer and Transport Scotland’s
consultation responses, the transport related impacts of the proposal are deemed to be
acceptable and can be appropriately managed. As such, the proposal has been found to
be in accordance with Policy 11 of NPF4. 
11. Noise and Construction Impacts 
11.1. Policy 11 (E-i) of NPF4 requires development proposals to demonstrate how they’ve
mitigated against any impacts on communities and individual dwellings, including
residential amenity, visual impact and noise arising from the development. 
11.2. The applicant recognises that noise nuisance can arise from operational substations
and the need to ensure that this is limited in respect of existing noise sensitive properties.
In view of this Chapter 8 of the Environmental Appraisal provides a Noise Impact
Assessment [NIA]. There are no Noise Sensitive Receptors (NSRs) in immediate close
proximity to the application site. The survey identified two high receptors to the Application
Site. The high receptors are both residential sites known as Killean Farmhouse (NSR2)
and Old School House (NSR1). NRS1 is located approximately 0.9km to the southeast of
the site and NSR2 is located approximately 0.96km to the south of the site. The proposed
substation is located 430m beyond the existing An Suidhe substation, and is therefore
further away from the NRSs compared to the existing substation. The Noise Assessment
concludes that construction noise at all NSRs across all construction activities at worst
case level would be below the lower threshold of 65dB daytime and 55dB evening time,
and no noise mitigation is suggested by the Applicant. Given the distance from the project
to the nearest NSR, construction vibration activities are rated as a negligible adverse
impact. 
11.3. Regarding operational noise, the assessment concludes that the predicted noise levels
for the NSRs would be at worst case 14dB L. Typical background sound level during the
night time periods was determined as being 35dB L, and as such the assessment level is
negative to this level indicating a negligible impact. Based on the results, no specific
mitigation is required for operational noise levels of the proposal. The EA does not
anticipate any cumulative impacts, in terms of noise and vibration associated with the
construction phase and the completion of the Development. During construction, the
cumulative worst case traffic movements for a period of three months is lower than an
increase of 25% of baseline traffic data on A83. During the operational phase, the main
noise source within the substation would be the two 275/33 MVA super grid transformers.
The operation of the substation is very unlikely to result in significant increase in traffic
volume, which will be cumulative with the impacts from other developments. The noise
impact, based on the potential traffic noise change, is therefore assessed as negligible. 
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11.4. The Council’s Environmental Health Officer has raised no objection on the grounds of
noise impacts arising from the proposal. The proposal is considered to comply with the
provisions of Policy 11 of NPF4. 
11.5. The development of a project of this scale will have considerable temporary impacts
including for example, construction traffic but also construction noise, dust, waste etc.
Such impacts are expected intermittently through the 30 months of construction, It is for
these reasons that the applicant has a commitment towards a project specific
Construction Environmental Management Plan approach, the finalised details of which,
following appointment of a project contractor, would require approval of the Planning
Authority in consultation with relevant consultees. In addition, the applicant has also
committed to the appointment of an Ecological Clerk of Works (ECoW) to oversee the
project. This can usually dovetail with a Planning Monitoring Officer role to monitor
compliance with the conditions attached to any consent. Developers must also comply
with reasonable operational practices with regard to construction noise so as not to cause
a nuisance. Section 60 of the Control of Pollution Act 1974 sets restrictions in terms of
hours of operation, plant and equipment used and noise levels, amongst other factors,
which is enforceable via Environmental Health. 
11.6. Timing of deliveries (HGVs and abnormal loads) shall also be agreed through a
Construction Traffic Management Plan (CTMP) with construction traffic using the A83 and
existing forestry site access connecting to the site. Other controls include dust
management plans, pollution prevention plans, waste management plans which would
also be expected within a project specific Construction Environmental Management Plan.
Due to the scale of the development, SEPA will control pollution prevention measures
relating to surface water run-off via a Controlled Activities Regulations Construction Site
Licence. 
12. Net Economic Impact, Including Local and Community Socio-Economic Benefits
such as Employment, Associated Business and Supply Chain Opportunities 
12.1. Policy 11(c) of NPF4 states that development proposals will only be supported where
they maximise net economic impact, including local and community socio-economic
benefits such as employment, associated business and supply chain opportunities. 
12.2. The development of grid infrastructure has been identified as a national priority
together within investment in renewable energy. The development of substation projects
as presented within this application are not only beneficial in strengthening the robustness
of the country’s grid network, but also result in further job and investment opportunities
through the development of associated supply chains. The development is required to
facilitate the connection of wind farms/ renewable schemes to the national grid, which will
allow the export of electricity generated to consumers. The relationship of the
development to the economic and social benefits of renewable energy developments is
therefore relevant, in a positive way. 
12.3. Argyll and Bute is experiencing significant construction activity in the transmission
network. The approval of the current application will have a short term positive
construction economic impact, although significantly less impact at the operational stage
with the design having a permanent design life. The construction of the development is
predicted to have a peak number of workers in comparison to the operation of the facility
which would not require any staff to be permanently based onsite. 
12.4. The design, landscaping and limited visual impact of the development, means the
impacts of the development are not anticipated to have adverse impact on the local
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economy, particularly tourism. Its impact, at a more local level, equally is not anticipated
to significantly impact on existing businesses or recreational interests. 
12.5. NPF4 calls for national developments to be exemplars of a Community Wealth Building
(CWB) approach to economic development under Policy 25 of NPF4. CWB is defined as
“A people-centred approach to local economic development, which redirects wealth back
into the local economy, and places control and benefits into the hands of local people”.
Based on this, it is recommended that the development should seek to agree a housing
strategy to ensure that the temporary workers associated with the proposals do not have
an unacceptable and adverse impact on the functioning of the local housing market area
to the detriment of the community and other businesses. A planning condition is therefore
recommended to secure the housing delivery programme strategy. 
12.6. Having due regard to the above the proposals net economic impact, including local
and community socio-economic benefits such as employment, associated business and
supply chain opportunities has been assessed and it is concluded that the proposal is
consistent with the provisions of Policies 11 and 25 of NPF4. 
13. The Need for Conditions Relating to the Decommissioning of Developments,
Including Ancillary Infrastructure, and Site Restoration (Including Cumulative
Impacts) 
13.1. Policy 11(f) of NPF4 confirms that consents for development proposals may be time-
limited. The Proposed Development will have a design life of 45 years or more, after which
the need for re-powering or decommissioning will be considered at that time. The
Proposed Development is therefore treated as permanent in the submitted Environmental
Appraisal, and repowering and decommissioning are therefore not considered. 
13.2. On a project with this projected lifespan, where the substantive new build elements are
judged by officers not to be causing substantive harm in terms of landscape or localised
impacts, this is considered by officers to be a reasonable approach. Having due regard
to the above it is concluded that the need for conditions relating to the decommissioning
of developments, including ancillary infrastructure, and site restoration has been
considered and due to the nature of the development being to support the ongoing
transmission of electricity to the wider area, the proposal is considered to be acceptable
without any time limitation imposed. Any subsequent upgrade to equipment, where
required, in the future would be reviewed through future applications. 
14. Conclusion 
14.1. The Council is supportive of delivering this renewable energy related infrastructure
upgrade within its Renewable Energy Action Plan and the proposals represent important
National Infrastructure supported in NPF4. Although localised landscape effects will take
place as identified in the EA, these are considered largely unavoidable with an
infrastructure project of this scale. No objections have been received from consultees or
from public representations. 
14.2. Officers consider that overall the landscape, ecological, historic environment,
transportation and other potential effects have been appropriately addressed and
mitigated in defining the proposed development site and design. Appropriate mitigation
can be secured through the imposition of conditions in line with the proposals set out
within the EA, and those included within consultation responses. In conclusion, it is
therefore recommended that planning permission is granted subject to conditions. 
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Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 23/00145/PP
Planning Hierarchy: Local application
Applicant: CALA Management Limited
Proposal: Variation of Condition 2 relative to planning permission in principle
reference 18/01444/PP (PP-130-2071) - amendment to wording of
Condition 2 in relation to finished floor levels.
Site Address:  Land North of Cardross Primary School, Barrs Road, Cardross,
Argyll and Bute.    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Variation of Condition 2 of planning permission in principle reference
18/01444/PP (PP-130-2071) – in relation to finished floor levels of
dwellings. 
(ii) Other specified operations
 None 
(B) RECOMMENDATION: 
It is recommended that conditional planning permission is GRANTED in accordance
with Section 42 of the Town and Country Planning (Scotland) Act 1997 subject to
the conditions and reasons detailed in this report. 
(C) CONSULTATIONS:   
Flood Risk Advisor (6th March 2023) – raise no objections to the proposed change
in finished floor levels of the dwellings to 0.15m above surrounding ground level.
Their reasons for this are included below: 
Flood Risk Assessment- Fluvial Flooding- Flooding to the site and expected flow
routes have been considered quantitatively. The FRA informs that given the standoff
distance of the site from the Geilston Burn, the vertical separation between the site
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and the channel and the overbank topography, out of bank flooding from the Burn is
unlikely to impact the site. Flood waters are expected to exceed the channel on the
right bank and due to the topography are then directed south away from the
development. This is acceptable. 
Flood Risk Assessment- Pluvial Flooding – Given the nearby pluvial flooding risk, the
FRA report concludes that Finished Floor Levels should be set to at least 0.15m
above ground level. Finished floor levels have been incorporated in the ‘Preliminary
Site Levels’ plan and show that Finished Floor Levels are proposed to be 0.15m
above ground level for all proposed houses. This is acceptable. 
Sewer/ Culvert Blockage- Section 3.34 of the report informs that there is a ‘Scottish
water surface water sewer which flows in a westerly direction close to the southern
site boundary before flowing south through Cardross Primary School.’ Two manholes
are located within the site boundary and are associated with this sewer system.
Section 3.35 informs that the closest plot to these manholes is elevated 1.2m above
existing ground levels. As such, a FFL of 0.15m above ground level at these plots is
acceptable. 
Drainage- The supplied micro-drainage calculations inform that for the 200 year +
climate change event flooding is expected at manholes 5, 16 and 29. Review of the
supply drainage layout and topographic information informs that property flooding is
not expected should these manholes overtop. 
Cardross Community Council (5th March 2023) – raise no concern regarding the
height of foundations for the houses, however the Community Council wish to
express concern about possible worsening of the current flooding situation within the
village due to the addition of this development. 
(D) HISTORY: 
18/01444/PP – Removal of Conditions 4 and 5 and variation of condition 7 of
planning permission in principle 15/01794/PPP (Site for the erection of residential
development with associated access, infrastructure, open space, landscaping and
miscellaneous works) in relation to roads arrangements. Application refused at
planning Committee and subsequently granted by appeal on 15th July 2019 under
reference: PPA-130-2071. 
15/01794/PP – Planning Permission in Principle for ‘Site for the erection of
residential development with associated access, infrastructure, open space,
landscaping and miscellaneous works. Granted subject to conditions 26/01/17. 
14/02409/PAN – Proposal of Application Notice for the erection of residential
development and landscaping. 
(E) PUBLICITY:   
LREG20 – Regulation 20 Advert Local Application – Expired 16th March 2023. 
(F) REPRESENTATIONS:   
(i) Representations received from:
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At the time of writing, representations have been received from 22 respondents in
relation to this planning application. A total of 19 respondents raise objection and 3
respondents provide general comments. 
The names and addresses of those contributing to the application are contained
within Appendix B, and full copies of the representations are published on the
planning application file and are available to view via the Public Access section of
the Council’s website. 
(ii) Summary of issues raised- The concerns and general comments raised
are summarised within the various themes below: 
Comments relating to Condition 2
 No objection to the proposed variation of Condition 2 with regard to
finished floor levels. 
Comments: Noted, see assessment. 
Roads Comments
 Concern regarding the suitability of the access to the site  from Darleith
Road and Barrs Road and the traffic generation arising from the
development;
 Darleith Road is narrow with no pavement beyond Mill Road and is used
by many users including cyclists, horse riders, walkers, farm and forestry
traffic;
 Safety concern due to no designated pavement for pedestrians on
Darleith Road;
 Traffic generation will put a strain on the road network of the village and
car parking spaces at the station;
 Safety concern of Darleith Road;
 Additional traffic generation will cause noise and air pollution;
 Concern regarding impact of traffic on the core path;
 Suitability of the road to have construction traffic in terms of weight of
vehicles;
 Access via Barrs road is unsuitable for the additional traffic generation in
respect of road safety; 
Comment: This section 42 application is confined to the acceptability of the finished
floor levels in relation to flood risk and therefore road safety impacts is not a material
consideration in this instance. 
School Capacity Comments
 Concern regarding the capacity of the school to accommodate the
additional pupils arising from the development;
 Concern regarding capacity of nurseries. 
Comment: This section 42 application is confined to the acceptability of the finished
floor levels in relation to flood risk and therefore school capacity is not a material
consideration in this instance. 
Drainage and Flooding Comments
 Concern regarding the capacity of the existing drainage and sewerage
infrastructure and its ability to cope with the additional dwellings;
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 Development has potential to cause drainage problems in the immediate
area including local flooding and sewerage issues;
 Development will only worsen the flooding problem in the village;
 Loss of natural drainage the field provides at present;
 Queries relating to the reasoning behind the proposed drainage scheme
proposed;
 Concern regarding the maintenance responsibility of the proposed
drainage ditch;
 Installation of proposed drainage will cause considerable periods of road
closure causing significant disruptions to those using Darleith Road; 
 Concern that proposed drainage will cause flooding impacts to the
property Hillview. 
Comment: These are not material planning considerations in the determination of this
application. This application seeks to amend finished flood levels. Full analysis of
flooding and drainage matters associated with the development would be dealt with
under any subsequent Matters Specified in Condition application. 
Procedural Matters
 No neighbour notification was received. 
Comment: Neighbour notification procedures and Regulation 20 Advertisement
procedures have been carried out correctly. 
Other Comments
 Proposal would alter the character and fabric of Cardross, increasing the
population by 10-20%;
 Concern regarding the environmental impact of building a large housing
estate on green belt land;
 Concern regarding the carbon emissions associated with the building
phase and carbon footprint of the village overall post development;
 Concern regarding the felling of established woodland without an impact
assessment;
 Proposal will have a detrimental effect on the current villagers;
 Green space behind the village should be protected from development. 
Comment:  These are not material planning considerations in the determination of this
application. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☐Yes ☒No 
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(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
The application is supported by the following
technical information:
 Drainage Strategy Report, Issue 1, 23rd 
November 2022
 Flood Risk Assessment, Issue 3, 1st
December 2022
 Agent analysis against relevant NPF4 policies
together with the submission of a Statement
of Community Benefit and Cala Community
Pledge document, 11th April 2023. 
The Supporting Letter (27th January 2023) submitted by
the agent to accompany the application, explains the
following reasoning as to why the variation is sought: 
“Through the design process it has become apparent
that the levels currently required by condition 2
introduce several undesirable effects. These include
making access to some properties difficult for those with
disabilities due to the change in levels required
(introducing conflict with The Disability Discrimination
Act compliance). This means that level access to some
properties is only possible using the rear access point,
with rising ramped pathways running from the front to a
raised rear patio for some properties. 
In support of the forthcoming AMSC submissions, a new
Flood Risk Assessment (2022 FA) and Drainage
Strategy were prepared. […] These updated
assessments address information gaps present at the
time of the 2015 FRA; which had original resulted in the
cautious wording of Condition 2. 
Crucially, the 2022 FRS provides appropriate
calculations and information to confirm the suitability of
FFLs set at 150mm above ground level. The 2022 FRS
further confirms that “development is not at risk of
flooding from groundwater. However, in order to remove
any residual risk of groundwater flooding it is proposed
that the finished floor levels onsite are set at 150mm
above finished ground levels.”
☒Yes ☐No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No 
(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. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 21 – Play, Recreation and Sport
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 25 – Community Wealth Building. 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 3 – Drainage Impact Assessment 
Addressing Climate Change 
SG LDP SERV 7 – Flooding and Land Erosion – Risk Framework 
(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 3/2013. 
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 Argyll and Bute proposed Local Development Plan 2 (November 2019) –
The reporters have written to Argyll and Bute Council regarding the
Proposed Local Development Plan 2, which is currently at Examination.
Due to the status of the revised draft National Planning Framework 4 the
reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material
consideration it is now subject to this further assessment against NPF4
policies. Therefore, it considered appropriate not to attach significant
weight to PLDP2 policies during this time, i.e. until the consequences of
NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not
received objections and are not being dealt with at the Examination
may continue as strong material considerations, e.g. allocations and
potential development areas. 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
Further PAC is not required for S42 applications. 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No 
The original application was subject to a local hearing in 2017. The matters raised
by objectors for this application are mostly road related issues and other matters
which are not material considerations as part of this s42 application to vary the
finished floor levels of the dwellings. Given, this it is recommended that a
discretionary local hearing would not add value to the planning process in this
instance. 
(P)(i) Key Constraints/Designations Affected by the Development:
 SEPA Flood Zones (Surface Water)
 Core Paths 
(P)(ii) Soils
Agricultural Land Classification:  Class 3.2
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3 
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☒ N/A
Peat Depth Classification:  N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☒No
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☒No 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
☒Not applicable  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  ☐Brownfield
☐Brownfield Reclaimed
☒Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 
☒Main Town Settlement Area
☐Key Rural Settlement Area
☐Village/Minor Settlement Area
☐Rural Opportunity Area
☐Countryside Zone
☐Very Sensitive Countryside Zone
☐Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs etc: The site is allocated for housing
development under allocation ref: H2002. 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
A Section 42 application is an application for a new planning permission for a
development but with different conditions from those attached to a previous
permission for that development. In determining such an application, the planning
Authority can only consider the changes to the conditions on the previous permission.
The principle of development is not under consideration and the original permission
remains live. 
Planning permission in principle was approved for this development following a
Hearing on 26th January 2017. The site is identified as a housing allocation for 158
units within the adopted Local Development Plan, however, the applicant in the
previous Planning Permission in Principle application, indicated that approximately
140 units were proposed. It is located to the north of the settlement of Cardross and
is bounded by Darleith Road to the west and a private access to the east. This private
access is a continuation of Barrs Road. 
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In this application, the applicant has applied to vary Condition 2 to alter the finished
floor levels of the dwellings. The applicant has submitted supporting drainage and
flooding reports to justify the required change to the finished floor levels. 
It is considered that the proposal would accord fully with the policies of the
development plan and there are no material considerations which would indicate
otherwise. As there is a procedural requirement to re-issue the previous permission
in its entirety, Officers have also considered whether this new grant of permission
has material planning consequences for any other planning conditions. Offers are
content that there are no material planning consequences for any other conditions
and therefore only Condition 2 required to be amended in the new decision to be
issued under this Section 42 application, 
Taking account of the above, it is recommended that planning permission be
approved subject to conditions. A full report is included in the Appendix of this report. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The primary matter under consideration is whether Condition 2 can be reworded as
suggested but still protect the approved residential properties from potential ground
water flood risk. The primary and defining consideration on whether this would be
acceptable are the expert views of the Council’s Flooding Advisor.  The Advisor is
content that from the information provided, the condition can be required as
suggested, whilst still ensuring the houses will be protected from any potential flood
risk. This is confirmed in their response dated 06.03.23. All relevant matters have
been taken into account when appraising this application. It is considered that the
proposal accords with the principles and policies contained within the Local
Development Plan and it is acceptable subject to the conditions in terms of all other
applicable material considerations. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Not applicable. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Stephanie Wade Date: 29th April 2023 
Reviewing Officer: Sandra Davies Date: 1st May 2023 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. (23/00145/PP) 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. Plans and particulars of the matters specified in conditions 2,3,6,7,8,9,11,12,13,15,16
and 17; below shall be submitted by way of application(s) for Approval of Matters
Specified in Conditions in accordance with the timescales and other limitations in
Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended.
Thereafter the development shall be completed wholly in accordance with the details
contained within the approved plans and particulars.  
Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act
1997, as amended. 
2. Pursuant to Condition 1 – unless otherwise approved in writing by the Planning
Authority, no development shall commence in respect of any individual plot until plans
and particulars of the site layout, design and external finishes of the development have
been submitted to and approved by the Planning Authority. These details shall
incorporate proposed finished floor levels relative to an identifiable fixed datum located
outwith the application site. These levels shall be at least 0.15 metres above finished
ground levels. Thereafter, the development shall be implemented in accordance with
the duly approved details which shall have regard to special needs access
requirements established by policies SG LTP TRAN 3 and SG LDP HOU 2. 
Reason: To ensure that the development has a layout and design which is compatible
with its surroundings and in accordance with Local Development Plan policy.  
3. Pursuant to Condition 1 – no development shall commence until a scheme for the
provision of affordable housing that is in accordance with the provisions of the
Council’s Development Plan Policy and Supplementary Guidance on Affordable
Housing has been submitted to and approved in writing by the Planning Authority. The
scheme shall:
a) Provide that a minimum of 25% of the approved dwellings are affordable homes;
b) Define those dwellings that are to be used as affordable homes;
c) Establish the timing of the provision of the affordable homes relative to the phasing
of the development, which shall ensure that works on the last 25% of those
approved dwellings that are not affordable homes are not commenced until the
affordable homes have been completed for occupation;
d) Establish the arrangements to ensure the affordability of the affordable homes for
both initial and subsequent occupiers.
The development shall be implemented and occupied thereafter in accordance with
the duly approved scheme for affordable housing. 
Reason: To accord with the provisions of the development plan in respect of affordable
housing provision. 
4. Unless otherwise agreed in writing by the Planning Authority in consultation with the
Road Network Manager, no development shall commence unless and until the
following improvements to Darleith Road have been provided:
i) The provision of a suitable traffic calming scheme (give and take priority) and the
provision of three new off-street car parking spaces between Barrs Terrace and
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Mill Road. A drawing showing details of these provisions shall be submitted for
prior written approval of the Planning Authority.
ii) Road improvement between Mill Road and the proposed development site
entrance as identified on plan TIAvcar2_SK002B
iii) The provision of a passing place immediately to the north of the proposed
development site entrance in order to accommodate large vehicles passing in
opposite directions.
iv) Upgrade of the existing lighting between Mill road and the existing 30 mph speed
restriction limit.
Reason: To provide improvements, including suitable traffic calming measures,
compensatory parking and a passing place for larger vehicles, in the interests of road
safety and to ensure a safe connection from the A814 to the site. 
5. Unless otherwise agreed in writing by the Planning Authority, in consultation with the
Road Network Manager, no dwelling shall be occupied unless and until the existing 30
miles per hour speed restriction on Darleith Road has been extended and brought into
effect to a location north of the Darleith Road access, the exact location to be agreed
in consultation with the Road Network Manager. 
Reason: In the interests of road safety. 
6. Pursuant to Condition 1 – no development shall commence until the following plans
and particulars have been submitted to and approved by the Planning Authority in
consultation with the Road Network Manager. Thereafter, the schemes shall be carried
out in accordance with the approved details. Such details shall incorporate:
i) On the A814 Main Road, Cardross, a scheme to enhance the gateway features in
both directions at the entrances into Cardross village to be fully implemented in
accordance with these details prior to occupation of the first dwelling house.
ii) On the A814 Main Road, Cardross, within the village envelope a scheme to
enhance traffic calming to be fully implemented in accordance with these details
prior to occupation of the first dwelling house. 
Reason: In the interests of road safety. 
7. Pursuant to Condition 1 – no development shall commence until full details of the
internal road layout within the development have been submitted to and approved in
writing by the Planning Authority. The development layout shall ensure that no more
than 20 dwelling houses will eb served from the east access, i.e. via Barrs Road. All
other vehicular traffic will be required to access the development site from Darleith
Road. The internal roads shall be constructed in accordance with the principles of
Designing Streets. 
Reason: In the interests of road safety and good place making. 
8. Pursuant to Condition 1 – Car parking provision shall be provided in accordance with
the Argyll and Bute Council supplementary guidance policy SG LDP TRAN 6. Parking
provision shall be constructed and made available for use prior to the first occupation
to the dwelling(s) to which it relates and shall be maintained thereafter for the parking
of vehicles. 
Reason: In the interests of road safety. 
9. Pursuant to Condition 1 – no development or ground breaking works shall commence
until an archaeological field evaluation has been undertaken and submitted to the
Planning Authority for approval, the results of which shall inform as necessary the
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layout of the development to be submitted for the purposes of the Approval of Matters
Subject to Conditions. 
This archaeological field evaluation shall be prepared by a suitably qualified person
and shall consist of a trial trenching programme of a distributed sample of 8% of the
full application area. The West of Scotland Archaeology Service shall be notified at
least 14 days in advance of the evaluation in order to facilitate monitoring of the work
evidence of which to be submitted along with the archaeological field evaluation as
part of the Approval of Matters Specified in Conditions submission. If archaeological
remains on the site are confirmed, proposals for their preservation shall also be
included. 
Reason: In order to protect archaeological resources. 
10. For the avoidance of doubt the proposals hereby approved shall be served by public
water and sewerage connections. 
Reason: The proposal has been assessed on this basis and the introduction of private
connections would represent a further material consideration in the determination of
this planning application. 
11. Pursuant to Condition 1 – no development shall commence until the following details
have been submitted to and approved in writing by the Planning Authority:
i) Details of the proposed cut-off ditch (or similar) to be located along the northern
border of the site along with calculations demonstrating that this proposed
mitigation measure will not exacerbate flooding elsewhere;
ii) The existing flow pathway in the vicinity of the sewer line shall be maintained;
iii) A detailed drainage assessment and layout;
iv) Method Statement detailing surface water containment during construction. 
Reason: In order to ensure appropriate mitigation for flood risk. 
12. Pursuant to Condition 1 – full details of the proposed SUDs shall be submitted to and
approved in writing by the planning authority. Thereafter the development shall
commence in accordance with these details. These details shall include:
i) Full details of the proposed design and appearance of the SUDs facility to be
designed in accordance with CIRIA C753;
ii) Detailed design calculations for this facility;
iii) Details of the proposed drainage of the SUDs facility; 
iv) Details of the proposed maintenance regime and maintenance responsibilities for
the SUDs facility.
v) Soil information to be provided if infiltration SUDs are proposed. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
13. Pursuant to Condition 1 – no development shall until a scheme of boundary treatment,
surface treatment and landscaping has been submitted to and approved by the
Planning Authority. The scheme shall comprise a planting plan and schedule which
shall include details of:
i) Existing and proposed ground levels in relation to an identified fixed datum;
ii) Existing landscaping features and vegetation to be retained;
iii) Location design and materials of proposed walls, fences and gates. This shall
include details of a secure boundary between the application site and the disused
quarry on the south west corner of the site;
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iv) Proposed soft and hard landscaping works including the location, species and size
of every tree/ shrub to be planted;
v) A programme for the timing, method of implementation, completion and
subsequent on-going maintenance.
vi) The proposed landscape plan shall take account of the Design Recommendations
(para.4.8) contained within the applicant’s supporting Landscaping Report dated
June 2015 undertaken by Ann Nevett. 
In addition, in accordance with the requirements of NPF4 Policy 3b, a Biodiversity
Statement shall be submitted which demonstrates how the proposal will conserve,
restore and enhance biodiversity including nature networks so that they are in a
demonstrably better state than without intervention.  This should include details of
future management and should be informed by best practice methods. 
Reason: To assist with the integration of the proposal with its surroundings in the
interests of amenity and to comply with Policy 3 of NPF 4. 
14. No trees overhanging the site shall be lopped, topped, or felled other than in
accordance with the details provided to satisfy the requirements of condition 13 above. 
Reason: In order to protect the trees overhanging the site in the interests of amenity. 
15. Pursuant to Condition 1 – no development shall commence until details for the
provision and maintenance of proposed areas of communal open space and equipped
play area(s) within the development have been submitted to and approved in writing
by the Planning Authority. The details shall comprise:
i) A plan showing the location and extent of communal open space and equipped
play areas;
ii) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm
of equipped play space and 12sqm of informal open space per dwelling unit;
iii) Specification of play equipment to be installed, including surface treatments and
any means of enclosure, designed in accordance with the provisions of BS5696
(Play Equipment Intended for Permanent Installation Outdoors);
iv) Proposals for the timing of the implementation of the play area(s) in relation to the
phasing of development;
v) A maintenance schedule for communal open spaces and equipped play areas in
accordance with the provisions of BS5696 including details of on-going inspection,
recording and procedures for detailing with defects. The communal open space
and equipped play area(s) shall be provided in accordance with the duly approved
details and shall be retained and maintained to the specified standards thereafter. 
Reason: In order to secure prevision of communal open space and equipped play
areas within the development in accordance with the minimum standards set out in
the Development Plan. 
16. Pursuant to Condition 1 – no development shall commence until details for the
arrangements for the storage, separation and collection of waste from the site,
including provision for the safe pick-up by refuse collection vehicles, have been
submitted to and approved in writing by the Planning Authority. Thereafter the duly
approved provision shall be implemented prior to the first occupation of the dwellings
which it is intended to serve. 
Reason: In order to ensure that satisfactory arrangements have been made for dealing
with waste on the site in accordance with Policy SG LDP SERV 5 (b). 
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17. Pursuant to Condition 1 – no development shall commence until a Site Waste
Management Plan has been submitted to and approved in writing by the Planning
Authority. The provisions of this plan shall be adhered to during the construction period
unless any subsequent variation thereof is agreed in writing by the Planning Authority. 
Reason: In order to ensure the minimisation of waste generated during construction in
accordance with policy SG LDP SERV 5 (b). 
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NOTE TO APPLICANT 
 This consent constitutes a Planning Permission in Principle under Section 59 of the
Town and Country Planning (Scotland) Act 1997 as amended, and as such does not
authorise the commencement of development until matters requiring the further consent
of the Planning Authority have been satisfied. 
 Application(s) for Approval of Matters specified in Conditions must be made in
accordance with the provisions of Regulation 12 of the Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2008 within the time
limits specified in Section 59 of the Act. 
 Having regard to Regulation 12, application(s) for the Approval of Matters Specified in
Conditions must be submitted within 3 years from the date of which Planning Permission
in Principle was granted. The exception being where an earlier submission for the
Approval of Matters Specified in Conditions was refused or dismissed on appeal, in
which case only one further application in respect of all outstanding matters requiring
further approval of the Planning Authority may be submitted within a period of 6 months
from determination of the earlier application. Any elements of the Planning Permission
in Principle for which further approval of the Planning Authority has not been sought
within the time periods summarised above will no longer be capable of being
implemented within the terms of this permission. 
 The development to which this planning permission in principle relates must commence
no later than 2 years from the date of the requisite approval of any matters specified in
conditions (or, in the case of approval of different matters on different dates, from the
date of the requisite approval for the last such matter being obtained), whichever is the
later. If the development has not commenced within this period, then this planning
permission in principle shall lapse. 
 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. 
 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. 
 Please see the West of Scotland Archaeology Service’s consultation comments in
respect of the proposed development. 
 Please see Scottish Water’s consultation response dated 31/5/16. 
 The consideration to reduce the 30mph speed restriction should be assessed in
conjunction with Police Scotland and the Council’s Roads Officer. 
 An application for a Roads Construction Consent is required to be submitted and
approved. Thereafter a financial security bond will require to be lodged with the Council’s
legal services section before any works commence on site. 
 In order to meet obligations under wildlife legislation and to protect any breeding birds
on the site, any vegetation removal should be undertaken outside the bird nesting
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season (March – August). If vegetation removal is planned during the bird nesting
season, a suitably qualified ecologist should inspect the area for the presence of nests
up to a maximum of one day prior to removal. If an active nest is discovered vegetation
cannot be removed and must be left in situ until the young have fledged. 
 Japanese Knotweed has been reported on or near this site. It is a highly invasive weed
that is capable of structural damage. Disturbance will cause it to spread and its
movement is controlled by legislation. Under the Wildlife and Countryside Act 1981 it is
illegal to cause it to spread in the wild. You are strongly advised to survey the site for
the presence of Japanese Knotweed at an early stage and before any site clearance
work, and, if found, to formulate plans to control or eradicate it. Please note that
Japanese Knotweed can be far more extensive than the visible parts on the surface and
that the underground parts of the plant may extend laterally up to 7 metres beyond this. 
 Prior to the submission of an Approval of Matters Specified in Conditions application,
the applicant is requested to contact the Council’s Education Department in order to
investigate the opportunity for the provision of a pedestrian footpath from the site directly
into Cardross Primary School for the use of children attending the school. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/00145/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. A Section 42 application is an application for a new planning permission for a development
but with different conditions from those attached to a previous permission for that
development. This appraisal will consider whether, if planning permission is granted
subject to the proposed amendments to the condition as imposed on planning permission
PPA-130-2071, the proposal would remain in accordance with the development plan and
if not whether other material considerations indicate otherwise. In determining such an
application, the Planning Authority can only consider changes to the conditions on the
previous permission. The principle of the development is not under consideration and the
original planning permission remains live. 
2. Location of Development 
2.1. The application site is located on the northern edge of Cardross village and comprises a
fairly level field, which is in use for grazing. It is bounded by Darleith Road to the west,
and Barrs Road to the east, each of which provides access, directly or indirectly, to the
principal road through Cardross, the A814. Cardross Primary School is located
immediately to the south of the site. 
3. Proposal 
3.1. The original Planning Permission in Principle permission, granted permission for the
erection of a residential housing development, together with its associated infrastructure
on the land allocated under the LDP as ref: H20002 (Cardross- Kirkton Farm 1)
(permission ref. 15/01794/PP). A subsequent Section 42 application (18/01444/PP) was
submitted to vary three conditions relating to roads matters which was subsequently
granted by Scottish Government upon appeal in July 2019 (ref.PPA-130-2071). This
permission was subject to a series of planning conditions, of which, some of the
information for those conditions was required to be considered further under any
subsequent Approval of Matters Specified in Conditions applications. 
3.2. In this instance, the applicant is seeking to vary one condition (Condition 2) which relates
to the finished ground floor levels of the dwellinghouses to be erected on site. The
applicant has advised a cautious approach was taken within the approved Planning
Permission in Principle regarding the finished ground floor level and whilst the cautious
approach was not unreasonable, the unintended consequence is that the levels included
within the condition (300mm-600mm) are difficult to achieve whilst also being compliant
with the Disability Discrimination Act (DDA) requirements. 
3.3. The approved Condition 2 states: 
3.3.1. “Pursuant to Condition 1 - no development shall commence in respect of any
individual plot until plans and particulars of the site layout, design and external
finishes of the development have been submitted to and approved by the
Planning Authority. These details shall incorporate proposed finished ground floor
levels relative to an identifiable fixed datum located outwith the application site.
These levels shall be at least 0.3 metres to 0.6 metres above finished ground
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levels. Thereafter the development shall be implemented in accordance with the
duly approved details which shall have regards to special needs access
requirements established by policies SG LDP TRAN 3 and SG LDP HOU 2. 
3.4. The applicant is proposing to amend the wording of Condition 2 to read as follows
(amended words highlights in bold for ease of reference): 
3.4.1. “Pursuant to Condition 1 – unless otherwise approved in writing by the
Planning Authority, no development shall commence in respect of any
individual plot until plans and particulars of the site layout, design and external
finishes of the development have been submitted to and approved by the
Planning Authority. These details shall incorporate proposed finished floor levels
relative to an identifiable fixed datum located outwith the application site. These
levels shall be at least 0.15 metres above finished ground levels. Thereafter, the
development shall be implemented in accordance with the duly approved details
which shall have regard to special needs access requirements established by
policies SG LTP TRAN 3 and SG LDP HOUS 2.” 
4. Settlement Strategy 
4.1. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning
applications to be determined in accordance with the development plan unless material
planning considerations indicate otherwise. The principle of development has been
established under the original permission and consequently, it is not necessary to revisit
whether or not it is compliant with the settlement strategy. This is an application to modify
the requirements of the condition on an existing permission. In order to address the
determining issues, the key considerations are therefore: 
4.1.1. Compliance with the Development Plan and other planning policy
4.1.2. Modification of condition 2; and
4.1.3. Any other material considerations. 
5. Compliance with National Policy 
5.1. The Development Plan has changed since the determination of the original application.
The Development Plan now comprises National Planning Framework 4 [NPF4], in
addition to the adopted Argyll and Bute Council Local Development Plan 2015 [LDP] and
all statutory and supplementary guidance. As approval of this application will grant a fresh
planning permission, it is necessary to address the relevant policy framework for the
application where the framework differs from that of the LDP, in addition to addressing
the minor matters raised by the desire to change Condition 2.   
5.2. Policies 9 and 16 Of NPF4 support development of greenfield sites where they are
allocated for development within the LDP. The application site is allocated for housing
development within the LDP under reference “H2002 Cardross- Kirkton Farm 1”. This
allocated suggested a scale of 158 units with 25% affordable housing provision. In
accordance with Policy 16(e) of NPF4, the scheme will provide a   25% affordable housing
provision within the residential development. The scheme accords with NPF4 Policy 15
which looks to promote development schemes that allow for facilities and services to be
reached by residents using sustainable means. The application site is within a 10-minute
walk of the local facilities of Cardross and within a 15-minute walk of public transport links
including a train station. 
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5.3. As the original application was for a planning permission in principle, the detailed aspects
of design and layout of the scheme and their compliance with Policy 14 of NPF4 to ensure
the development is consistent with the six qualities of successful place and Policy 21
(Play, Recreation and Sport) are to be considered under the subsequent application for
Approval of Matters Specified in Condition. The indicative layout plan shows there is
sufficient space to accommodate the development. 
5.4. A Statement of Community Benefit has been provided as required by Policy 16 of NPF4.
This document references that the development will provide additional housing to the
community, including 25% affordable housing provision; road improvements to the local
road network improving road safety; additional areas of communal open space and play
facilities to be provided within the scheme which is accessible to the wider community;
and implementation of the Cala Community Pledge which includes commitments for tree
planting, community litter picking, and installation of defibrillators. The Community Pledge,
which is submitted in response to Policy 25 Requirements to ensure development
proposals contribute to local or regional community wealth building strategies, highlights
that the applicant is committed to showcasing of local supply chains and services in the
show homes on the site with an ambition to raise awareness of local businesses and
produced to increase spending within communities. It is also highlighted that the applicant
has an operational model to engage with the local supply chain in relation to construction
activities, and tendering processes being open to local providers. 
5.5. NPF4 Policies 1-3 apply to all development proposals. Significant weight will be given to
the global climate and nature crisis. Development proposals will be sited and designed to
minimise lifecycle greenhouse gas emissions as far as possible. Development proposals
will contribute to the enhancement of biodiversity, including where relevant, restoring
degraded habitats and building and strengthening nature networks and the connections
between them. Proposals should also integrate nature-based solutions, where possible. 
5.6. Regarding Policy NPF4 Policy 2, it is noted that the proposal accords with the LDP
Settlement Strategy which promotes sustainable levels of growth by steering significant
development to the settlements. It is considered that the proposed development would be
consistent with Policy 2 of NPF4 having had due regard to the specifics of the
development proposed and to the overarching planning policy strategy outlined within the
adopted Local Development Plan. 
5.7. An extended Phase 1 Habitat Survey supported the original application for planning
permission in principle which confirmed that the proposal would not have any adverse
ecological impacts. Full consideration of a landscaping scheme which will contribute to
the conversation, restoration and enhancement of biodiversity as required by Policy 3 of
NPF4 is sought under the Approval of Matters Specified in Condition [AMSC] application. 
5.8. In accordance with NPF4 Policy 5, the site does not include prime agricultural land nor
peatland and carbon rich soils. As the proposal involves ground breaking works, an
additional planning condition, which now forms part of the Planning Authority’s standard
planning conditions, will be attached to any subsequent decision to ensure compliance
with NPF4 Policy 5. This new standard condition looks to ensure prior agreement of soil
management to ensure appropriate methods are used for soil storage during construction. 
5.9. NPF4 Policy 7(o) requires developers to provide an evaluation of archaeological resource
to inform impacts on non-designated historic environment assets, including where there
is potential for non-designated archaeological remains. As the site lies in an area fairly
rich in archaeological remains from the prehistoric and medieval periods and evaluation
is therefore required. The original planning condition (Condition no.9) attached to the PPP
permission is therefore still required to be attached to any subsequent decision. 
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5.10. Regarding waste matters, NPF4 Policy 12 aligns with the LDP requirements for
medium to larger scale developments to provide details of the arrangements for storage,
separation and collection of waste to be submitted, together with a site waste
management plan. The existing planning conditions attached to the original PPP
permission (Conditions no.7 and 16), is therefore still relevant and will be carried forward.   
5.11. Regarding access and sustainable transport matters, NPF4 Policy 13 aligns with the
LDP requirements for the submission of a Transport Assessment, which was provided
with the original Planning Permission in Principle submission. The roads related
conditions, in particular, conditions 4, 5 and 7, were subsequently reviewed at Appeal
level and the roads related conditions attached to the appeal decision are therefore still
relevant and will be carried forward.   
6. Modification of Condition 2- Impact on Flooding 
6.1. Policy LDP 10 seeks to ensure developments avoid areas subject to flood risk and further
guidance is provided within SG LDP SERV 7. An updated Flood Risk Assessment [FRA]
and Drainage Strategy have been submitted in support of this application for variation of
condition. A topographic survey of the site included within the FRA informs that at the
closest point, the Geilston Burn sits at an elevation circa 15m lower than that of the site.
It is noted that the site lies close to but ultimately outside of all indicative limits of flooding
as per the SEPA flood maps. The Council’s Flood Risk Advisors have reviewed the
submitted information and confirm that the change of finished floor levels of the dwellings
to a minimum of 0.15m above surrounding ground level is considered acceptable with
regards to flood mitigation measures. 
6.2. The proposed amendment of Condition 2 is considered to accord with Policies SG LDP
SERV 1, SG LDP SERV 2, SG LDP SERV 3, SG LDP SERV 7 and NPF4 Policy 22. 
7. Modification of Condition 2 – Impact on Accessibility 
7.1. The change in ground floor level to ensure that the proposal is compliant with the Disability
Discrimination Act accords with Policy 16(c) of NPF4 which supports development
proposals for new homes that improve affordability and accessible, adaptable and
wheelchair accessible homes. 
8. Other Considerations, including Public Representations 
8.1. The change to the finished floor level of the dwellings would not result in any change to
the conclusions reached on any other material planning considerations of the original
scheme and no further assessments are required in respect of those, for this application.
It is noted that a number of letters of concern have been received from local residents
and the Community Council, however the issues raised within those responses are not
material to the determination of this S.42 application. The matters of concern raised relate
to the merits of the information to be submitted against the subsequent Approval of
Matters Specified in Condition application. Whilst it is noted that matters relating to
flooding in general have been raised by the Community Council and members of the
public, the analysis for the purposes of this application under flooding and drainage
relates solely to the acceptability of the change in finished floor levels and does not
therefore provide a full analysis of the overall wider flooding matters and drainage scheme
which will be reviewed as part of the subsequent AMSC application. 
9. Conclusion 
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9.1. The proposed variation of Condition 2 would be acceptable. The lowering of the Finished
Floor Levels to a minimum of 0.15m has been demonstrated to adequately safeguard the
residential properties from potential groundwater flooding, whilst improving the Disability
Discrimination Act compliance by way of accessibility issues. Officers have considered
the new grant of permission against any new material considerations arising from the
introduction of NPF4 and confirm that there are no material planning consequences for
any other condition and therefore only Condition 2 required to be amended in the new
decision notice to be issued under this Section 42 permission. It is considered that the
proposal accords with the principles and polices contained within the Development Plan
and the application is therefore recommended for approval subject to conditions. 
COMMITTEE REPORT
APPENDIX B – RELATIVE TO APPLICATION NUMBER:  23/00145/PP 
LIST OF CONTRIBUTORS 
Contributor
Name
Contributor Address Date
response
received
1 Alexandra
Easton
10 Napier Avenue, Cardross G82 5LY 29.03.2023
2 Mrs Catherine
Court
3 Fairway, Cardross, G82 5LP  28.03.2023 
3 Charlotte
Francoz
Hillview, Darleith Road, Cardross,
G82 5EZ
07.03.2023
4 Connie Ross 67 Barrs Road, Cardross 27.02.2023
5 Dr Julie Lang Ellismhor, Darleith Road, Cardross
G82 5EZ 
06.03.2023
6 Dr Gillian Hunter 13 Braid Drive, Cardross G82 5QD 22.03.2023
7 Erin Gregory Middle Lodge Drumhead, Darleith
Road, Cardross, Dumbarton, G82
5EZ
11.04.2023
8 Mr Gordon
Hendry
No address given. 14.03.2023
9 Mr James
Henson
13 Kilmahew Avenue, Cardross, G82
5NG
22.03.2023
10 Mrs Janet
Peattie
17 Napier Avenue, Cardross G82 5LY 31.03.2023
11 Mr John Young 5 Kilmahew Court, Cardross G82 5NJ  31.03.2023
12 Mrs Katherine
Cassell
Burnfoot Cottage, Peel Street,
Cardross G82 5LD
03.04.2023
13 Mr Mark
McGhee
32. Muirend Road, Cardross, G82
5LG
22.03.2023
14 Mrs Mhairi
Terrace
Westlade North, Darleith Road,
Cardross, G82 5PG
21.03.2023
15 Mr Michael
Hutcheson
30 Barrs Road, Cardross, G82 5PW 22.03.2023
16 Mr Michael
Veitch
3 Barrs Court, Cardross G82 5PP 06.03.2023
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
17 Mr Paul D
Macfarlane
9 Mill Road, Cardross G82 5PQ 27.03.2023
18 Mr Paul Robb 10 Napier Avenue, Cardross G82 5LY  27.03.2023
19 Mr Peter
McPherson
32 Barrs Road, Cardross G82 5PW 31.03.2023
20 Mr Robert
Seaward
4 Barrs Court, Cardross G82 5PP 22.03.2023
21 Miss Sharon
Goodwin
Rosemount, Peel Street, Cardross,
Dumbarton, G82 5LD
12/04/2023
22 Mrs Stella
Kinloch
Craigend, Cardross G82 5EP 22.03.2023 
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ARGYLL AND BUTE COUNCIL                  PPSL
DEVELOPMENT AND ECONOMIC GROWTH    24th May 2023 
BRIEFING PAPER: SCOTTISH GOVERNMENT PROPOSALS REGARDING NEW
NATIONAL PARKS 
1.0 EXECUTIVE SUMMARY 
1.1 This aim of this Report is to raise awareness of the Scottish Government
proposals regarding the selection and designation of a new National Park(s).
The nomination process is proposed to be initiated in the summer 2023. 
1.2 Points covered are:
 the role of National Parks; 
 information on the Scottish Government process for designation of a new
National Park(s) (timetable Appendix 1); 
 potential issues related to the designation of a National Park (Appendix 2);
 the potential role of the Council in this process. 
1.3 Officers will publicise the opportunity for communities to develop their own
proposals.  If any come forward, the Council will be able to consider if it
wishes to support them or not, at the appropriate time.
1.4 Recommendations 
It is recommended that PPSL consider and notes the information in the Report
on: 
i) the role of National Parks; 
ii) the Scottish Government process for selection and designation of a new
National Park(s); and 
iii) some of the potential issues related to the designation of a National Park.      
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ARGYLL AND BUTE COUNCIL              PPSL
DEVELOPMENT AND ECONOMIC GROWTH    24th May 2023 
BRIEFING PAPER: SCOTTISH GOVERNMENT PROPOSALS REGARDING NEW
NATIONAL PARKS 
2.0 INTRODUCTION 
2.1. There are currently two National Parks in Scotland, Loch Lomond and the
Trossachs National Park (partly within Argyll and Bute Council area) and
Cairngorm National Park. The Scottish Government wishes to establish at least
one new National Park by 2026. 
2.2. This paper provides information on: the role of National Parks; the Scottish
Government process for designation of a New National Park(s); potential issues
related to the designation of a National Park; and the potential role of the Council
in this process. 
3.0 RECOMMENDATIONS 
3.1 It is recommended that PPSL consider and notes the information in the Report
on: 
i) the role of National Parks; 
ii) the Scottish Government process for selection and designation of a new
National Park(s); and 
iii) some of the potential issues related to the designation of a National Park. 
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4.0 DETAIL 
4.1 The first two National Parks designated in Scotland were Loch Lomond and the
Trossachs National Park in 2002 and the Cairngorms National Park in 2003. The
aims of these parks are to:
 conserve and enhance the natural and cultural heritage of the area;
 promote the sustainable use of the natural resources of the area; 
 promote understanding and enjoyment (including enjoyment in the form of
recreation) of the special qualities of the area; and 
 promote the sustainable social and economic development of the area’s
communities.
It is important to note that the aims for the original parks are wider than just the
natural environment, also covering cultural heritage and sustainable economic
development. 
4.2 The Scottish Government has announced its intention to designate a new
National Park(s) during 2026. A new overarching purpose for Parks of “leading
nature recovery and a just transition to net zero” has also been proposed. The
process for this has already started with consultations looking at the future of
National Parks in Scotland, the approach and criteria of these National Parks and
developing an evaluation framework. 
4.3 The first formal stage is proposed in the summer of 2023, with the Scottish
Government seeking nominations for new National Parks from across Scotland.
There is a commitment to an open, transparent and bottom-up nomination
process for selecting new National Park areas. It is proposed that the
nominations will be assessed through a non-statutory evaluation framework (this
framework is currently out for public consultation and officers will consider an
appropriate response in due course). The proposed, and relatively short timetable
is at Appendix 1. 
4.4 When the call for nominations is made by the Scottish Government, the Council
will need to consider whether or not to propose, or support a local group(s) that
proposes, a new National Park(s) within Argyll and Bute. Nominations will
require supporting information and be able to demonstrate the level of local
support. The Scottish Government would then consider the submissions and
further consultation would take place on those areas selected to progress. It is
noted that any proposal that receives insufficient local support will not be taken
forward. The Scottish Government will move to designation in the winter of
2024/25 - spring 2026. 
4.5 This process could provide an opportunity to raise the profile of Argyll and Bute
by proactively entering in to the debate and considering options. There are a
range of issues that need to be taken in to account, including social and
economic factors. Some of these are highlighted in Appendix 2. The nature and
location of a potential park(s) is also something to consider, for example the
potential benefits and issues related to a marine or island based National Park
or one with a strong focus on Gaelic culture. 
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4.6 It will be useful to raise awareness of the Scottish Government process and
Officers will publicise the opportunity for communities to develop and pursue
their own proposals.  If any proposals come forward the Council will be able to
consider if it wishes to support them or not at the appropriate time. 
5.0 CONCLUSION
5.1 It would be useful if the Council could raise awareness of this process prior to
the request for nominations for new National Parks from the Scottish
Government. It may also be beneficial to take wider views in to consideration. 
6.0 IMPLICATIONS
6.1 Policy – None as a result of this paper, which raises awareness of the National
Park designation process. However, the designation of a National Park would
have policy implications. 
6.2 Financial – None as a result of this paper. The designation of a National Park
would have financial implications. 
6.3  Legal – None as a result of this paper. The designation of a National Park would
have legal implications 
6.4  HR - None
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - None 
6.5.2   Socio-economic Duty - None 
6.5.3  Islands - None
6.6 Climate Change – None  
6.7 Risk – Lack of an early briefing on the issues could result in a less effective
response to the selection process when it commences in the summer 2023. 
6.8  Customer Service - None 
Kirsty Flanagan,
Executive Director with responsibility for Development and Economic Growth
Policy Lead Cllr Green
18th April 2023                                                 
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For further information contact: 
Sybil Johnson 01546 604308 sybil.johnson@argyll-bute.gov.uk 
APPENDICES
Appendix 1 National Park Designation Timetable
Appendix 2: Summary of main points relating to National Park designation raised
during the Proposed Local Development Plan 2 Main Issues Report
consultation 2017  
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Appendix 1 National Park Designation Timetable
New National Park(s) Indicative timeline
Milestone Timescale (indicative)
Public Consultation – (The Future of
National parks in Scotland)
Late Spring 2022 – completed
Public Consultation –  Approach and
Criteria of National Parks in Scotland
Autumn 2022 – Winter 2022/3 –
completed
Development of Evaluation Framework
and any legislative changes required
(including public consultation)
Winter 2022 – Summer 2023
Nominations and Assessment of
proposals for New National Park(s)
Summer 2023 – Winter 2023/4 
Reporter Investigation
(including public consultation on
proposals for new National Park(s) and
advice to Minister)
Spring 2024  - Winter 2024/5
Designation Order(s)
(including public consultation,
parliamentary scrutiny and order coming
into effect to designate the new National
Park(s))
Winter 2024/5 – Spring 2026 
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Appendix 2 Summary of main points relating to National Park designation raised
during the Proposed Local Development Plan 2 Main Issues Report
consultation 2017 
 Control and governance 
o Island circumstances
o Scale and nature of management required
o Planning powers – different models
 Other designations
o Regional Parks
o Marine Protected Areas or other nature designations
o Role of other agencies e.g. Argyll and the Isles Strategic Tourism
Partnership
 Need for further information to make an informed decision. 
o Explore the potential/aspirations with key stakeholders and
communities.
o Understanding of the special qualities and needs of the area
o Impacts on repopulation and tourism
o Outcomes in current National Parks
 Economy
o Potential for economic growth, including tourism
o Potential impacts on existing economic activities; in particular
distilleries, fishing, energy, farming, forestry, aquaculture and
manufacturing industries
o Fit with growth agenda e.g. Tobermory - Oban - Dalmally growth
corridor
 Renewables
o Impact on renewable industries
 Environmental issues have been raised:- 
o Environmental protections are already in place/additional safeguards
o Argyll and Bute has internationally important marine and land
environments
o Impact of increased tourism on natural assets
 Social 
o Population impacts
o Job impacts – growth some areas, restrictions others
o Potential impact on affordable housing
o Benefits of environmental management for local communities
o Need for strong local backing
 Finance
o Additional costs
o Additional funding
o Additional pressures on infrastructure
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