Upload
others
View
3
Download
0
Embed Size (px)
Citation preview
Aquaculture Supplementary Guidance Stiùireadh Leasachail a thaobh
Tuathanachas Uisge
May 2015An Cèitean
Consultation Draft
The Highland Council
www.highland.gov.uk
Foreword
The purpose of this document is to provide supplementary guidance for the aquaculture industry,statutory consultees and third parties to support environmentally, economically and sociallysustainable aquaculture development in Highland.
The aim of this Aquaculture Supplementary Guidance is to guide development to thoselocations that are considered to have fewer constraints to development; or to where thoseconstraints can be mitigated through sensitive equipment design or working practices. Theguidance will also assist in the streamlining of the process of preparing, submitting anddetermining aquaculture planning applications. The guidance is also designed to help improve the quality of planning applications submittedfor aquaculture development by ensuring that all relevant information is provided bydevelopers at the outset and that the Council can have a clear policy framework for planningdecisions.
Status
This is draft supplementary guidance for aquaculture which is published for public consultation. It sets out the proposed spatial strategy and development criteria against which future fish farmingdevelopment proposals in Highland would be assessed. It reflects policy advice provided in theHighland-wide Local Development Plan and Scottish Planning Policy. The supplementary guidancedoes not form part of the development plan until it is finalised and statutorily adopted followingthis consultation period.
How to Make Comment
The public consultation runs from 25 May – 19 July 2015. During this time the Council is invitingcomments on the draft aquaculture supplementary guidance. Questions to guide your responsescan be found at the end of each section.
All comments should be made by the 19 July and submitted in one of the following ways:
By email to [email protected]; orIn writing to Coastal Planning, Development Plans Team, Development and InfrastructureService, The Highland Council, Glenurquhart Road, Inverness, IV3 5NX.
Please note that the consultation is limited to the content of this draft aquaculture supplementaryguidance only.
What Happens Next
All comments received during the consultation on this draft aquaculture supplementary guidancewill be considered when the Council prepares the final consultation version later this year. Therewill then be a final consultation on the document, with an accompanying Environmental Report. The final version will be adopted as statutory supplementary guidance and will form part of thedevelopment plan. It will therefore be used to assess all planning applications with the Highlandarea.
Aquaculture Supplementary Guidance The Highland Council
Foreword
Supplementary Guidance
41 Introduction
142 Spatial Strategy
243 Development Criteria
444 Additional Sources of Information
Annex
491 Diagram of aquaculture planning process
SEA
501 Non Technical Summary
552 Introduction
583 Context
944 Assessment of environmental effects
1085 Monitoring
1096 Next steps
11Table 1 Role of key organisations involved in the aquaculture planning process.14Table 2 Background to maps 1-724Table 3 Development Criteria
39Table 4 Examples of other marine users and potential interactions with aquaculturedevelopment*.
52Table 5 Summary of mitigation measures included in Aquaculture SupplementaryGuidance
55Table 6 Key facts relating to Aquaculture Supplementary Guidance56Table 7 SEA activities to date63Table 8 Relationship to other Plans, Policies or Strategies (PPS)75Table 9 Data which was collated in order to establish an Environmental Baseline86Table 10 Environmental problems relevant to Aquaculture Supplementary Guidance91Table 11 SEA Objectives95Table 12 Assessment of Aquaculture Supplementary Guidance and alternatives97
100Table 13 Matrix used to assess the likely cumulative environmental effects of the policiesof Aquaculture Supplementary Guidance
The Highland Council Aquaculture Supplementary Guidance
Contents
104Table 14 Assessment of cumulative and synergistic effects
106Table 15 Measures envisaged for the prevention, reduction and offsetting of any significantadverse effects
109Table 16 Anticipated plan-making and SEA milestones
Aquaculture Supplementary Guidance The Highland Council
Contents
Purpose
1.1 This Aquaculture Supplementary Guidance provides guidance to support Policy 50 of theHighland wide Local Development Plan (HwLDP). Its preparation will also inform the early stagesof any replacement policies in the revised HwLDP. It aims to support sustainable of marine andfreshwater aquaculture development within appropriate sites around Highland (see Map 1 in theSpatial Strategy). It provides a spatial strategy and a suite of development criteria against whichaquaculture planning applications will be assessed, in agreement with national and local policyguidance and legislation. It is accompanied by a Strategic Environmental Assessment and HabitatsRegulation Assessment at the various consultation stages. This Aquaculture SupplementaryGuidance must be read in conjunction with the Highland wide Local Development Plan and anyrelated policy guidance.
1.2 The Highland–wide Local Development Plan supports the sustainable development of finfishand shellfish farming subject to there being no significant adverse effect, directly, indirectly orcumulatively on the natural, built and cultural heritage and existing activity (see Box 1). The Councilhas also produced a range of other supplementary guidance, which are relevant to the considerationof aquaculture development. In particular but not limited to, Supplementary Guidance on ‘HighlandStatutorily Protected Species’, ‘Physical Constraints’, ‘Special Landscape Areas’ and the ‘HighlandHistoric Environment Strategy’ and the Aquaculture Framework Plans are relevant.
The Highland wide Local Development Plan (HwLDP) remains the key planning policy documentfor Highland. The Council is beginning a review of relevant policies in the HwLDP alongside thissupplementary guidance. This process will take approximately two years to complete and willinclude an evaluation of all supporting supplementary guidance. This review includes the associatedAquaculture Framework Plans, integrated coastal plans and the Highland Coastal DevelopmentStrategy, which remain in force during this period. However it is recognised that some of thesesupporting documents, or elements within them, may be somewhat outdated. Whilst the reviewprocess is underway, the Aquaculture Supplementary Guidance will ensure it takes the latestavailable information from the review process into account. The policies that emerge through thereview will include reference to and be compatible with this supplementary guidance. This isconsidered to be the most appropriate approach to ensure that developers have clear policyguidance to support the sustainable growth of the aquaculture industry.
1.3 Section 2 of this document sets out the spatial strategy that guides developers to areas ofpotential growth and highlights area of sensitivity. Section 3 details the development criteria thatwill be used to assist the assessment of fish farming development planning proposals. Backgroundinformation and links to key supporting documents are provided in Section 4. Information boxesare provided throughout the document to clarify key points.
The Highland Council Aquaculture Supplementary Guidance4
1 Introduction
Box 1
Policy 50 of the Highland wide Local Development Plan*
The Council supports the sustainable development of finfish and shellfish farming subject tothere being no significant adverse effect, directly, indirectly or cumulatively on:
the natural, built and cultural heritage, taking into consideration:
landscape character, scenic and visual amenity with reference to SNH commissionedreport: landscape/seascape carrying capacity for aquaculture;the classification and objectives set out in the river basin management plan for theScotland river basin district and supplementary area management plans;wild fish populations;biological carrying capacity;and cumulative benthic and water column impacts - for finfish proposals support isconditional on proposals being consistent with Marine Scotland’s LocationalGuidelines for the authorisation of Marine Fish Farms in Scottish Waters;habitats and species, including designated sites and protected species;
existing activity, taking into consideration:
commercial inshore fishing grounds;existing and consented aquaculture sites;established harbours and natural anchorages and navigation (including recreational);the location of existing/proposed pipelines/outfalls and discharge points for treatedwaste water and storm water.
The core principles of the Highland Council’s aquaculture framework plans and coastaldevelopment plans are similar. However, coastal development plans cover all sectors and arerelevant to proposals for all types of installations in coastal waters. The aquaculture frameworkplans will:
guide the location and scale of aquaculture development;ensure that development is environmentally sustainable;identify both opportunities and constraints so that developers have a realistic idea of thedevelopment potential and other interests which should be taken into account;provide an overview for the use of the coastal waters and promote a balanced approachwhich can safeguard the area’s core natural assets and sustain or enhance its productivityover the longer term;aim to guide investment, help in the evaluation of development proposals, and help tominimise conflicts of interest.
* see paras 1.2-1.3
5Aquaculture Supplementary Guidance The Highland Council
Introduction 1
Background
1.4 Aquaculture in Scotland is an important industry, creating and supporting employment,particularly in remote areas. Figures prepared by the Scottish Government indicate that outputof the sector in 2012 was around 170,000 tonnes, worth £560 million at the farm gate. Of this,salmon accounted for 96% of the output. In Highland the industry makes an important contributionto the local economy, particularly within areas on the north and west coasts where employmentopportunities may otherwise be limited. This economic investment in turn generates social benefits.
1.5 In terms of value and production volume, fin fish farming is the main aquaculture activitytaking place in Highland, contributing to food security. Production is focused on Atlantic Salmonin the marine environment, which leads to the need for salmon smolt production in freshwatercages and land based farms. There is a small volume of trout farmed in sea cages and some rainbowtrout and brown trout in the freshwater environment. Historically there has been interest indiversifying production into species such as Cod, Haddock and Halibut. There is recent, renewedinterest in rearing wrasse and other species to assist in the biological control of sea lice on farmedsalmon.
1.6 Shellfish farming is also important to the Highland economy. This is dominated by the ropegrown culture of mussels but there are a number of sites farming scallops and an increasing interestin farming both native and pacific oysters. Other novel species such as sea urchins have beenconsidered by developers from time to time.
1.7 The bulk of aquaculture development and activity is situated on the west coast of Highland(see Maps 2 & 3 in the Spatial Strategy). These marine developments are supported by a numberof fresh water farms, both loch based and land based which produce the smolts for transfer to seacages.
Legislation and policy guidance
1.8 When making or determining planning applications for fish farming, there are a number oflegislative considerations and policy guidance documents to aid developers and planners, asdiscussed below. Aquaculture for the purposes of this document covers “fish farming” which islegally defined in the Town and Country Planning (Scotland) Act 1997 as ‘the breeding, rearing orkeeping of fish or shellfish (which includes any kind of crustacean or mollusc). This was amendedby the The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2013 toinclude any kind of sea urchin. Seaweed cultivation is not covered by this Act (see Box 2). In itssubmission to the consultation on the draft seaweed policy statement, The Highland Council statedit had recommended on several occasions that seaweed farming be included in the meaning ofdevelopment under the planning acts. It also noted that the only reasonable and feasible optionwould therefore be for the main consent to be provided through the terrestrial planning regime.
The Highland Council Aquaculture Supplementary Guidance6
1 Introduction
Box 2
Seaweed Harvesting and Culture
The Scottish Government recently consulted on a policy statement regarding commercialseaweed cultivation as well as options for managing the sustainable growth of the seaweedwild harvesting industry. The consultation analysis is now available (see further informationSection 4) and the final policy statement will be published in 2015. Once more details areavailable, subsequent supplementary guidance can be updated.
1.9 Aquaculture development in Highland is governed by various planning regulations thatconsider both planning permissions and any related environmental issues (see Annex 1). In additionto terrestrial jurisdiction, the Town and Country Planning (Scotland) Act 1997 and the Planning etc(Scotland) Act 2006 bring fish farming within three nautical miles of the mean low water springtide (MLWS) within planning control. As such, planning permission is required for fish farming onland and at sea up to 3 nautical miles. The Marine (Scotland) Act 2010 extends to the mean highwater spring tides (MHWS). The two ‘consenting’ processes therefore overlap in the intertidal area(see Figure 1).
Figure 1 Schematic of where the Highland Aquaculture Supplementary Guidance fits with
other key plans, policies and legislation.
7Aquaculture Supplementary Guidance The Highland Council
Introduction 1
1.10 At national level, Scottish Planning Policy (SPP) notes that ‘aquaculture makes a significantcontribution to the Scottish economy, particularly for coastal and island communities…’ and‘Planning can help facilitate sustainable aquaculture whilst protecting and maintaining theecosystem upon which it depends.’ Scottish Government targets are to increase sustainableproduction of marine finfish by 32% and shellfish by 99% by 2020, based on a 2011/2012 baseline;the National Marine Plan reiterates these ambitious targets.
1.11 To help underpin the growth targets, the government produced ‘A Fresh Start – the RenewedFramework for Scottish Aquaculture (2009). One of the key themes in the Framework was to address‘planning, consents and sites’ so that development occurred within the ‘right’ sites and in the ‘right’location. It states that this should be done through transparent, streamlined and proportionateregulation to minimise adverse impacts on other users of the marine and freshwater environment.
1.12 Circular 1/2007 Planning Controls for Marine Fish Farming provides guidance on the Acts,Regulations and Orders relevant to planning controls over marine fish farming. It is understoodthat this circular is being updated at the time of writing. The Aquaculture and Fisheries (Scotland)Act 2013 provides further regulatory and technical guidance.
1.13 To ensure the integration of land use and marine planning, the Marine (Scotland) Act 2010makes provision for the production of marine plans, which must integrate with land use planning. All public authorities making decisions that affect or might affect the UK marine area must thereforedo so in accordance with the UK Marine Policy Statement, the Scottish National Marine Plan andany subsequent Regional Marine Plan, unless relevant considerations indicate otherwise. Thisapplies, but is not limited to, decisions on marine licensing, consents under Section 36 of theElectricity Act 1989 (as amended) and terrestrial planning applications and enforcement.
1.14 Public bodies must have regard to the UK Marine Policy Statement and relevant MarinePlans when making decisions that are capable of affecting the UK marine area but are notenforcement or authorisation decisions. This applies to the preparation and adoption of localdevelopment plans and to other terrestrial planning functions.
Decision making processes and application procedures
1.15 Applications for most finfish farms will require assessment under the Town and CountryPlanning (Environmental Impact Assessment) (Scotland) Regulations 2011. This involves screening,scoping and Environmental Statement stages, where appropriate. There is currently no requirementfor shellfish sites to undergo EIA assessment but the planning authority has the right to requestenvironmental information it requires in order to determine an application.
1.16 Regulation (EC) 853/2004 specifies the health conditions for the production and placingon the market of live bivalve molluscs, tunicates, echinoderms and marine gastropods, such asmussels, oysters, scallops and razor fish. Under Regulation (EC) 854/2004 the Food StandardsAgency Scotland, as competent authority, must establish the location and fish the boundaries ofshellfish harvesting areas. The local authority health department also has a role in the regulationof the shellfish industry.
The Highland Council Aquaculture Supplementary Guidance8
1 Introduction
1.17 Any proposal in a designated Natura 2000 site (see Box 3; Map 4 in the Spatial Strategy)may also have to undertake an Appropriate Assessment under the Habitats Regulations Appraisalprocess. The assessment is based on the conservation objectives and qualifying interests of thedesignated site. The Council must not authorise a development unless, by means of an AppropriateAssessment, it can ascertain that it will not adversely affect the integrity of a Natura site.
Box 3
Natura & Ramsar Sites & Marine Protected Areas
Natura is the term given to Special Areas of Conservation (SACs) and Special ProtectionAreas (SPAs). These internationally important sites are designated under the EU Habitats andBirds Directives.
Ramsar sites are designated as internationally important wetlands. All Ramsar sites in Scotlandare also either SPAs or SACs.
Of the 30 Marine Protected Areas (MPAs) designed in July 2014, 17 fall under the Marine(Scotland) Act 2010 in Scottish territorial waters and 13 in offshore waters under the Marineand Coastal Access Act 2009.
1.18 In addition to the Natura sites, helping to build an ecologically coherent network of sites,Nature Conservation Marine Protected Areas (MPAs) have been identified. These are for theprotection of nationally important marine biodiversity and geodiversity features (see DevelopmentCriterion 3 for further information).
1.19 The Town and County Planning (General Permitted Development) (Fish Farming) (Scotland)Amendment Order 2012 allows for some minor alterations to aquaculture developments withoutthe need for planning permission. However, developers must notify the local Planning Authorityprior to undertaking any site alterations or extensions; this process is known as ‘prior notification’.
1.20 The draft Planning Circular ‘Planning Scotland’s Seas: The relationship between the statutoryland use planning system and marine planning and licensing’ requires public bodies to have regardto the relationship between the marine and terrestrial planning systems. This requirement isreflected in the National Marine Plan. This integration will be considered in more detail in therevised Local Plans as they are updated. As most aquaculture developments have some on-shorerequirements e.g. shore base, storage, depuration/grading facilities, these should be consideredwithin the planning application submissions.
1.21 Prior to the requirement in the National Marine Plan, The Highland Council established apre-application advice service to provide clear, detailed guidance on development proposals. Thishelps ensure developers are aware of the key issues that need to be considered when planning anew site or modification to an existing one. This process can help avoid costly delays at a laterstage and ensure developers are aware of the key material planning considerations likely to affecttheir proposals (see Section 4).
9Aquaculture Supplementary Guidance The Highland Council
Introduction 1
1.22 Planning applications will be assessed for compliance with the policies of the Highlandwide Local Development Plan or any subsequent local authority development plan, any relevantsupporting guidance and other material considerations, including this supplementary guidance. Development proposals must therefore comply with all policies within the HWLDP and thesupporting guidance. Where compliance cannot be assured in the first instance, the attachmentof planning conditions may allow proposals to proceed. The application process is outlined inAnnex 1.
1.23 When assessing a planning application, the Planning Authority will consult with variousstatutory consultees, depending on the type of application to be assessed, in accordance with theTown and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. Depending on the type of application being assessed, these may include:
Scottish Ministers (done via Marine Scotland Science)Scottish Environment Protection Agency (SEPA)Scottish Natural Heritage (SNH)Historic Scotland andthe relevant District Salmon Fishery Board (see Table 1).
In addition, the following may also be consulted, dependant on the type of application: ScottishMinisters via other Scottish Government departments, Ministry of Defence, Scottish Water, localharbour authority or any other organisations as may be applicable.
1.24 In accordance with legislation, applications for fish farms are also advertised, both on TheHighland Council e-planning portal and in a newspaper circulating in the location of thedevelopment. This gives the local community and any other interested parties the opportunityto comment on proposals. Depending on the location, some freshwater sites may also have‘neighbour notification’ requirements whereby residents within 20 meters of a proposeddevelopment should be notified.
1.25 The development hierarchy sets scale thresholds at which development become ‘Major’development. For marine fish farms, major developments are those with an equipment surfacearea exceeding 2.0 hectares and therefore require additional consultation (see Section 4 for furtherinformation). All applications involving major development are expected to be accompanied bya Processing Agreement. The purpose of these agreements is to set realistic and achievabletimescales on when an application will be determined, providing key milestones and targets thatallow the process to be progressed in more formal project managed manner. In some instances,it may also be appropriate to have a processing agreement for local (i.e. non-major) planningapplications.
1.26 Any planning permission granted will be for the benefit of the particular installationequipment within the specific location and for the culture of the species applied for. Planningpermission is generally granted subject to a number of conditions. When a development is notoperated within the confines of this permission it may be unauthorised development and,enforcement action may be taken. This is a formal process undertaken in accordance with theTown and Country Planning (Scotland) Act 1997 (as amended).
The Highland Council Aquaculture Supplementary Guidance10
1 Introduction
The role of other organisations
1.27 In addition to planning permission, aquaculture sites require a number of other consentsand licences and advice depending on the type of aquaculture development proposed. Table 1below outlines the main roles of each organisation. The Planning Authority will aim to ensure thatplanning controls exercised do not duplicate the controls and licensing requirements of otheragencies. Further information on the role of the main statutory bodies is provided in the ‘WorkingArrangement Requirements for Statutory Consultees’ document (see Section 4). Scottish Water islisted as one of statutory consultees in the planning legislation, but it in not listed in theaforementioned document or in the planning circular on controls for marine fish farming. Consultation with Scottish Water should therefore be assessed on a case by case basis.
Table 1 Role of key organisations involved in the aquaculture planning process.
Applies to
Shellfish:
Y/N
Applies to
Finfish: Y/NOrganisation
Statutory Consultees
Marine Scotland (MS)
NYMarine Scotland enforces provisions under the Aquaculture andFisheries (Scotland) Act 2007 in relation to containment and parasitecontrol.
NYIt also implements measures that regulate the movement of live fishwith a view to preventing the spread of fish/shellfish diseases.
YYIt issues a marine licence covering navigation issues and deposits inthe marine environment, including discharges from well boats whenused for treating fish.
YYWhen a commercial activity could cause disturbance to a EuropeanProtected Species, MS may issue a licence for the activity.
YYMS is the licensing authority for seals under the Marine (Scotland)Act 2010. It can issue licenses for the killing of seals to protect thewelfare of farmed fish.
YYIt issues consents for an Aquaculture Production BusinessAuthorisation.
Scottish Environment Protection Agency (SEPA)
NY
Under the Water Environment (Controlled Activities) (Scotland)Regulations 2011, SEPA regulates activities which may pose a riskto the water environment. For finfish farming, SEPA sets limits onthe types and amount of fish that be held in a cage configuration(fish biomass) and the amount of medicines (chemotheraputants)that can be administered and thus discharged into the environmentfrom the fish cages. Known as a CAR licence, sites are assessed on
11Aquaculture Supplementary Guidance The Highland Council
Introduction 1
Applies to
Shellfish:
Y/N
Applies to
Finfish: Y/NOrganisation
the likely effects of discharges from a development on both thewater column and the benthic environment. CAR licences are notgenerally required for shellfish farms.
Scottish Natural Heritage (SNH)
NY
Scottish Natural Heritage is the statutory advisor in relation toScotland’s natural heritage. It advises on the Conservation (NaturalHabitats, &c.) Regulations 1994 with regard to Natura sites (SpecialAreas of Conservation and Special Protection Areas), MarineProtected Areas and for European Protected Species. It also adviseson other biodiversity, such as bird licensing, and landscape issues.
It has produced two key documents to aid development:
The Siting and Design of Aquaculture in the Landscape: Visual andLandscape Considerations 2011 and ‘
Guidance on Landscape/Seascape capacity for Aquaculture 2008’.
District Salmon Fisheries Boards (DSFBs)
NY
Where an aquaculture development falls within the boundary of anarea covered by a DSFB, that DSFB becomes a statutory consultee.Where developments are proposed outwith such an area ScottishMinisters fulfil the role of the DSFB through Marine Scotland. Areview of the Boards’ work published by Scottish Government inOctober 2014, recommends changes to their governance structure,among other things (see Section 4).
Ministry of Defence (MOD)
YYThe MOD is only consulted when there is a possibility that a marinewar grave has the potential to be disturbed by a development.
Scottish Water
YY
Scottish Water requests that aquaculture development does notimpact on its assets that provide clean, safe drinking water. Development should therefore ensure it is located where it will notlead to Scottish Water being required to upgrade infrastructure tocomply with a shellfish designation.
Statutory Consultees: EIA applications only
Historic Scotland
The Highland Council Aquaculture Supplementary Guidance12
1 Introduction
Applies to
Shellfish:
Y/N
Applies to
Finfish: Y/NOrganisation
NY
Advise on aspects of cultural heritage of national significance. HistoricScotland has responsibility for management of the Historic MarineProtected Areas designated in 2013 to protect historically importantshipwreck sites.
Transport Scotland
NYOn behalf of Scottish Ministers, Transport Scotland provide adviseon transport related issues.
Other organisations with a role in aquaculture planning and consenting
Crown Estate Commissioners
YY
The Crown Estate manages approximately 50% of the foreshore, thebeds of most tidal rivers and almost all of the territorial seabed outto 12 nautical miles. Most aquaculture developments will thereforerequire the necessary permissions from them to implement any planning consent, generally in the form of a seabed lease.
Naturally occurring oysters and mussels in Scottish territorial watersform part of the ancient rights currently administered by the CrownEstate Commissioners. Preparations have been made for the transferof existing rights and titles to Marine Scotland, on behalf of theScottish Ministers.
Harbour Authority
YYWhere a development lies within or adjacent to a harbour authorityarea, it may provide advice on navigational or operational issues.
13Aquaculture Supplementary Guidance The Highland Council
Introduction 1
Background
2.1 The Spatial Strategy guides aquaculture developers to locations of least sensitivity forsustainable development and highlights areas of constraint. It aligns with the Scottish Governmentand The Highland Council’s objectives to support sustainable development of the aquacultureindustry. It identifies potential areas for growth and areas sensitive to new or further fish farmingdevelopment (see Maps 1-7 below).
2.2 The areas have been identified through the consideration of a range of material planningissues that have the potential to be affected by aquaculture development. These areas take intoconsideration the physical character of the area. The strategy also takes into account elements ofthe physical dynamics of the water bodies that are assessed by Marine Scotland.
2.3 Table 2 provides rationale for the spatial strategy and a brief overview of each map. Due tothe large geographic area of Highland, it is recognised that the level of detail that can be shownis limited. However, more detailed mapping, including fine scale aspects, can be found on theNational Marine Plan interactive (NMPi) website, hosted by Marine Scotland (see Section 4). Inaddition to the maps discussed, there are a number of other key spatial considerations that mustbe taken into account when considering aquaculture developments, as considered below.
Table 2 Background to maps 1-7
CommentMap No./Title
This map shows areas of least constraint in relation to designatedareas. These areas represent areas for greatest growthopportunity.
1: Areas for Potential Growth
This map shows sites that have been granted planning permissionor have been registered as “active” with the Fish Health
2: Existing Aquaculture SitesInspectorate. Some sites granted planning permission under theScottish Government Audit/Review/Order process (2008-2015)do not have defined planning boundaries therefore the Councilwill refer to the previous Crown Estate lease whereappropriate/available.
These areas are designated by SEPA to ensure the continuedprotection and improvement of Scotland’s shellfish growingwaters.
3: Shellfish Water ProtectedAreas
Sites designated for environmental reasons are covered by a rangeof legislation to ensure these assets and resources are maintained.
4:Environmental DesignatedAreas
SNH guidance states that Wild Land Areas “are identifiedas nationally important in Scottish Planning Policy, but are not astatutory designation."
5: Wild Land Areas andNational Scenic Areas
These are areas designated under The Protection of Seals(Designation of Seal Haul-Out Sites) (Scotland) Order 2014 toprotect seals from harassment at their haul-out sites.
6: Seal Hault-Out Sites
The Highland Council Aquaculture Supplementary Guidance14
2 Spatial Strategy
CommentMap No./Title
Scottish Planning Policy (SPP) (2014) retains a presumption againstfurther marine finfish farm developments on the north and eastcoasts to safeguard migratory fish species.
7: Presumption AgainstFurther Marine FinfishDevelopments
2.4 To support developers, Marine Scotland produces locational guidelines maps. These mapsclassify sea lochs into category 1, 2 or 3 areas based on predictive modelling to estimate the nutrientenhancement and benthic impacts. As these maps are updated quarterly, developers should checkthe Marine Scotland website for the most up to date classifications. The modelling does not takeother factors such as biodiversity, landscape or amenity impacts into account and does not coverlarge areas of the coast.
2.5 Shellfish Harvesting Classifications are determined and reported on by the Food StandardsAgency (FSA). As these are regularly updated, developers should consult the FSA website for thelatest information.
2.6 Whilst the HwLDP (2012) and any supporting guidance remains in force, the spatial guidanceprovided in these documents will be a material consideration (see para 1.3).
15Aquaculture Supplementary Guidance The Highland Council
Spatial Strategy 2
Spatial Strategy
Spatial Policy 1
Spatial Policy 1: Areas for Potential Growth
The Broad Areas of Search have potential capacity to accommodate sustainable growth ofaquaculture.
Broad areas of potential growth are shown in Map 1.
Spatial Policy 2
Areas of Potential Sensitivity
The following areas have the potential to be affected by aquaculture development and maytherefore be considered as constraints to development:
Special Protection AreasSpecial Areas of ConservationRamsar sitesMarine Protected AreasNational Scenic AreasSites of Special Scientific InterestSpecial Landscape AreasShellfish Water Protected AreasScheduled MonumentsConservation areasDesignated war gravesFerry and shipping routesAdmiralty Charted AnchoragesHarboursMarine cables, outfalls and pipelines
The maps at the start of this document show detailed spatial information for some of thesensitivities listed above. Aquaculture proposals will be required to demonstrate these potentialsensitivities have been satisfactorily addressed in accordance with the Development Criteria.
The Highland Council Aquaculture Supplementary Guidance16
2 Spatial Strategy
17Aquaculture Supplementary Guidance The Highland Council
Spatial Strategy 2
The Highland Council Aquaculture Supplementary Guidance18
2 Spatial Strategy
19Aquaculture Supplementary Guidance The Highland Council
Spatial Strategy 2
The Highland Council Aquaculture Supplementary Guidance20
2 Spatial Strategy
21Aquaculture Supplementary Guidance The Highland Council
Spatial Strategy 2
The Highland Council Aquaculture Supplementary Guidance22
2 Spatial Strategy
23Aquaculture Supplementary Guidance The Highland Council
Spatial Strategy 2
Development Plan Considerations
3.1 All proposals for aquaculture development in Highland marine and freshwater environmentswill be assessed against the spatial strategy and the Development Criteria provided in this section,as listed in Table 3. Each development criterion below has supporting text that outlines the varioustopics covered, followed by the criteria boxes.
Table 3 Development Criteria
CriterionNumber
Landscape/SeascapeDC1
Historic EnvironmentDC2
BiodiversityDC3
Water QualityDC4
Other Marine UsersDC5
Construction, Operation and DecommissioningDC6
The Highland Council Aquaculture Supplementary Guidance24
3 Development Criteria
Development Criterion 1: Landscape/Seascape, Siting and Design
Topics covered:
Landscape
Seascape
Siting and Design
Wild Land/Unspoiled Coast
Amenity
Separation Distances
3.2 Aquaculture installations are established features of the Highland coastline. Most of theactive sites are located within sheltered sea lochs or in the lee of small islands. In some instances,mussel sites have a much lower impact on the landscape and/or seascape compared to finfishfarming due to the low-profile equipment used. However, in some instances a relatively highconcentration of developments can have a significant impact, particularly in constrained lochs andbays. Oyster sites currently tend to be located in the intertidal zone where large areas of trestlesare visible for less than half of the tidal cycle. Finfish development has moved from relativelycompact sites made up of rafts of square cages towards plastic circular cages which are in trendingtowards significantly larger sizes. With increasing farm size and cage infrastructure comes the needfor the larger feed barges which have appeared in recent years. Such installations can dominatesome landscapes, impacting the amenity value of an area.
3.3 New aquaculture development should not dominate the landscape setting or become themain feature in views. Proposals should not materially impact on the overall quality of the landscape. Material impact includes a change to the established landscape or seascape pattern that significantlyaffects its general understanding or enjoyment.
3.4 The Highland Council area has 15 National Scenic Areas that are designed for their outstandingscenery, representing some of Scotland's finest landscapes. All but two have a coastal and/ormarine element, where seascape is also a consideration. There are 27 Special Landscape Areas,which are features of local or regional importance identified by the Council as being large scaleareas of regional importance for scenic quality or as small scale areas of local scenic and recreationalvalue (see Appendix 2 of the HwLDP). Freshwater aquaculture proposals may also have designatedlandscape site considerations. Out with these designed sites (see Maps 4-5), there may be greaterscope for the environment to accommodate development. However, there may still be localsensitivity arising from the characteristics and visibility of a particular site, which has to be addressedin landscape terms.
3.5 The siting, layout and design of aquaculture proposals should reflect the character of thesurrounding landscape. Developments should take into account the effects on visual amenity. Asper the SNH guidance (Table 1 & Section 4), they should follow the dominant line of the coast andshould avoid filling up a bay or its entrance. Where the siting is appropriate, the scale and designof the equipment configuration, including the materials and colour schemes used, should ensurethat the proposed development will be absorbed into the landscape/seascape with minimalintrusion.
3.6 Some applications may require a Landscape and Visual Impact Assessment, either as a standalone document or as part of an Environmental Statement (see para 1.16). The assessment shouldconsider the likely impact from significant receptor points, including popular public viewpoints,
25Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
transport routes, the core path network, visitor locations and historic sites. Guidance from thePlanning Authority, including viewpoints for photomontages, on key sites and aspects to beconsidered, will be given at the pre-application advice stage and at the scoping stage, if relevant. The cumulative impacts with existing aquaculture and other maritime developments and activitiesshould also be considered.
DC 1.1
Landscape, Seascape, Siting and Design
Aquaculture development that is likely to have a significant adverse impact, includingcumulative impact, on the Highland landscape, seascape or visual amenity that cannot bemitigated to the satisfaction of the Planning Authority will not be permitted.
Proposals for aquaculture developments with the potential to have adverse effect on landscape,seascape or visual amenity should be accompanied by a Landscape and Visual ImpactAssessment (LVIA). This should be produced in accordance with current best practice andguidance e.g. the Landscape Institute ‘Guidelines for Landscape and Visual Impact Assessment’.
Developers should seek pre-application advice from the Council and Scottish Natural Heritageto inform decisions relating to siting and design and the scope and content of any LVIA. Thismay be done as part of an Environmental Statement for finfish sites where appropriate orindependently for shellfish sites. Visualisations should be done in accordance with HighlandCouncil ‘Visualisation Standards for Wind Energy Developments’.
3.7 The coasts around Highland are famous world-wide for their quality landscapes, tranquilglens and intimate lochs. To help further protect the most important of these areas, a number of‘Wild Land Areas’ have been identified (see Map 5). The National Planning Frameworkrecognises wild land as a nationally important asset, and indicates Scotland's wildest landscapesmerit strong protection. Wild land is also identified as nationally important in Scottish PlanningPolicy, but is not a statutory designation. In addition, Highland has many areas of largely unspoiltcoast that are generally unsuitable for development. Aquaculture development must thereforebe able to demonstrate that any significant effects on the qualities and amenity value of theseareas can be avoided by appropriate location or substantially overcome by sensitive siting, designor other mitigation.
3.8 Highland currently has eleven prime beaches with excellent water quality, as recommendedby the Marine Conservation Society. These beaches meet higher standards that those requiredunder the revised Bathing Water Directive (2006/7/EC), which was enacted in Scotland by theBathing Waters (Scotland) Regulations 2008, as monitored by SEPA. Most of these high qualitybeaches are located on the north and east coasts, with only one on the west coast, namelyAchmelvich beach. In addition, there are many other beaches that are of significant tourism andrecreational value in Highland. Potential impacts on any beach should therefore be consideredby aquaculture development proposals, where appropriate.
The Highland Council Aquaculture Supplementary Guidance26
3 Development Criteria
DC 1.2
Wild Land & Unspoiled Coast
Development proposals should ensure that:
the character of areas of wild land is safeguarded;the character of unspoiled sections of coast is safeguarded.
3.9 As the west coast of Highland contains a number of relatively constrained lochs, this limitsthe carrying capacity for the number of sustainable aquaculture developments it can reasonablycontain. Proposals for new aquaculture sites will therefore have to consider the proximity to existingaquaculture sites.
3.10 Historically, the Crown Estate set out indicative separation distances setting minimumdistances between finfish and finfish, finfish and shell-fish and shell-fish and shell-fish. Theseseparation distances were removed from Scottish government locational guidelines in 1999 onthe basis that the hydrography and tidal excursions between individual sites presented a clearindication of the risk of disease transmission between sites. The Council has reached the view thatminimum separation distances between sites remain of value in planning terms in order to avoidadditional visual impacts resulting from the cumulative development of sites in close proximity toeach other. In this regard the Council considers that the separation distances previously used bythe Crown Estate represent a reasonable spatial safeguard to prevent the over development ofcoastal water-bodies. Adequate separation between individual developments will be required tominimise the potential for disease and infection transmission.
DC 1.3
Separation Distances
Proposals for new finfish sites will not be granted planning permission for developmentssituated within 1,000m of the extent of any other approved finfish farm boundary or any waterintakes/outfalls associated with shore based finfish rearing facilities, or within 500m of theextent of any approved shellfish farm boundary.
Proposals for new shellfish sites will not be granted planning permission for developmentssituated within 500m (measured as the water flows) of the extent of any other approvedaquaculture developments or any water intakes/outfalls associated with shore based finfishrearing facilities, or shellfish washing and/or depuration facilities.
Where developers seek to address issues of sustainability, biosecurity or environmental benefitthrough site relocation, amalgamation or revocations, the Planning Authority may be mindedto seek greater separation distances as it deems appropriate.
Guidance on separation distances for proximity to rivers supporting wild salmonids will beconsidered once guidance due from MSS in June 2015 is available.
27Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
The impact on ‘Views over open Water’ will be considered where developments are close toresidential properties, roads and heritage and amenity features.
The Highland Council Aquaculture Supplementary Guidance28
3 Development Criteria
Development Criterion 2: Historic Environment
Topics covered:
Historic Environment
Historic Marine Protected Areas
3.11 Highland’s historic environment makes a valuable contribution to the distinctive characterof the area, the sense of place, identity and quality of life. As well as fulfilling a vital role inshowcasing the vibrancy of Highland culture, the historic environment is a key economic driver.Historic environment assets currently include designations such as Conservation Areas, Battlefields,Gardens and Designed Landscapes, over 3,000 listed buildings, 1,236 scheduled monuments anda further 52,000 historic buildings, structures and archaeological sites.
3.12 To help preserve these valuable and irreplaceable assets, the Highland Historic EnvironmentStrategy Supplementary Guidance defines the Council’s approach to the protection of the historicenvironment through the planning process. The guidance is supported by the Historic EnvironmentRecord (HER) that provides details and maps of all recorded historic environment assets. The HERis not, however, a definitive or comprehensive record; it is continually updated as new sites andinformation comes to the attention of the Council.
3.13 The Marine (Scotland) Act 2010 established a new power to designate Historic MarineProtected Areas. Under these powers, seven MPAs are currently designated, four of which are inHighland. The Highland MPAs currently covers vessels that were wrecked around 1590 to 1690. The wrecks are a key link to understanding historic ship design and use, and may additionallycontain artefacts that do not survive on land and that can offer valuable insights to ourunderstanding of the past.
3.14 The terrestrial, coastal and marine historic environment should be a consideration in anyLandscape and Visual Impact Assessment and/or Environmental Impact Assessment. The assessmentshould include the impacts of a development on all historic environment assets, whether designatedor undesignated. It should include wrecks, sites, deposits, buildings and both submerged andterrestrial archaeological landscapes, as well as their setting. Some sites, such as designatedfeatures and protected war graves, may require additional assessments on potential sedimentaryor biological changes that the developments may have.
DC 2.1
Historic Environment
All aquaculture planning applications shall consider potential direct, indirect and cumulativeimpacts on the historic environment.
Applicants will be required to identify and undertake any mitigation measures required toavoid, reduce or minimize any adverse impacts on the historic environment to the satisfactionof the Planning Authority.
The special characteristics and qualities of Historic Marine Protected Areas shall be safeguarded.
29Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Aquaculture development will not be permitted in locations where it would have a significantadverse effect on historic environment resources.
The Highland Council Aquaculture Supplementary Guidance30
3 Development Criteria
Development Criterion 3: Biodiversity
Topics covered:
Environmental Designated Areas
Protected Species
Appropriate Assessment
Seals
Wild Salmonids
Sea Lice
3.15 The term ‘biodiversity’ covers all plants and animals and their habitat, along with theirgenetic variation. The Highland area is rich in marine habitats and species that collectively makeup diverse biological communities. The east coast is dominated by sea cliffs in the far north-eastand low-lying firths over much of the rest. The north and north-west coasts are mainly sea cliffswith some narrow sea lochs. The west coast is a mix of relatively narrow sea lochs and shelteredbays. Each coast offers varying opportunities for aquaculture development.
3.16 Along with all other public bodies, the Planning Authority has a duty to further theconservation of biodiversity under the Nature Conservation (Scotland) Act 2004 when exercisingits functions. The Wildlife and Natural Environment (Scotland) Act 2011 requires public bodies toprepare and publish a biodiversity report on their compliance with the biodiversity duty. Whilstsome marine species, such as many seabirds, have varying levels of protection under the Wildlife& Countryside Act 1981, some are so endangered they require special protection.
3.17 A key mechanism for protecting biodiversity (see Maps 4-6) is the use of designated habitatsand species under the Habitats and Birds Directives (see para 1.18 & Box 3). These are protectedNatura 2000 areas and the associated flora and fauna represent the most valuable and vulnerablehabitats and species in an international and/or national context (see Map 4). In addition, the firstqualitative descriptor in the Marine Strategy Framework Directive (see Box 4) requires that biologicaldiversity in maintained. Marine Protected Areas (see Box 5) will also play an important role inhelping to safeguard marine biodiversity.
Box 4
Marine Strategy Framework Directive
Fundamental aims of the MSFD are to:
ensure that priority should be given to achieving or maintaining Good EnvironmentalStatus (GES) in the EU Community’s marine environment;to continuing its protection and preservation and;to preventing subsequent deterioration.
This will be done through adherence to targets, for which ‘descriptors’ of GES have beenestablished.
31Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Box 5
Highland Nature Conservation Marine Protected Areas (MPAs)
The Scottish Marine Nature Conservation Strategy (2011) explains the approach that was takento develop a coherent network of nature conservation Marine Protected Areas. Thesedesignated sites will protect biodiversity and geodiversity but may still allow multiple uses oflow impact activities that do no damage the ecological integrity of the sites. The MPAs inHighland are shown on Map 4.
The Planning Authority must notify Scottish Ministers if it believes that there may be a significantrisk of hindering the stated conservation objectives of the Nature Conservation MPA.
3.18 Species protected under the Conservation (Natural Habitats, &c.) Regulations 1994 (asamended) legislation are generally known as European Protected Species. All cetacean species,along with seals (both grey and harbour) are given protection under this legislation. As these aremobile species, particular care is required when any aquaculture development may impact on theirmigratory routes or key feeding or calving areas, as the animals are unlikely to be present all yearround. A license is required from Marine Scotland if the animals are likely to be injured or disturbedby aquaculture activities.
3.19 Other species, such as otters, eagles and some diving birds are also European ProtectedSpecies, therefore have the highest level of species protection (see Box 3 for information on Naturasites). Some protected species of diving birds such as eider ducks may pose a threat to musselsites by stripping the mussels off longlines. Detailed information on the deterrent measures orother types of mitigation proposed should be supplied with an application where such predationis likely to be an issue. The Planning Authority will be advised by Scottish Natural Heritage andMarine Scotland in relation to potential effects on protected species. SEPA will also provideinformation on the potential impacts on the seabed communities, also known as the benthichabitat, some of which require protection or mitigation measures.
3.20 The Marine (Scotland) Act 2010 makes specific provision for the conservation of seals. However, to protect the health and welfare of farmed fish, the Scottish Ministers may grant a licenceauthorising the killing or taking of seals. Should a development be likely to require a licence, thisaspect should be covered as part of the predator control section of an Environmental Statement.
3.21 The degree of impact that an aquaculture development will have on biodiversity will dependon the scale and type of development. Mussel sites generally have a much lower impact onbiodiversity compared to finfish farming due to the limited operational input required. Pacificoyster (Crassostrea gigas), a non-native species, forms the bulk of oyster species cultivated. It maycomplete for habitat and have the potential to harbour disease affecting other shellfish speciese.g. native oyster (Ostrea edulis). Finfish developments have the greatest potential to have negativeimpacts on biodiversity due to the volumes, methods of farming and inputs required. Someelements of these aspects are governed by other agencies, as discussed in para 1.28, but are takeninto account during the planning process.
The Highland Council Aquaculture Supplementary Guidance32
3 Development Criteria
DC 3.1
Designated Habitats and Species
Development or activities will not be permitted that would likely have significant adverseeffects, either individually or cumulatively, on the qualifying interests and integrity of Natura2000 or Ramsar sites.
Development or activities likely to have a significant effect on a Natura 2000 or Ramsar siteand not directly connected with, or necessary to the conservation management of the site,would be subject to an Appropriate Assessment in order to assess the implications for thesite’s conservation objectives.
Aquaculture development will only be permitted where there is no significant adverse impacton the qualifying interests and integrity of a:
Marine Protected Area;European Protected Species;Priority Marine Feature;Site of Special Scientific Interest.
Development and activities should consider the impacts on wider biodiversity and ensurethese are minimised and mitigated.
To the satisfaction of the Planning Authority, planning applications must be supported by anassessment of the likely impact and the potential mitigation measures.
Where the significant effects on a designated habitat or species remain uncertain but thereare scientific grounds for believing that severe damage could occur, the Precautionary Principlewill apply.
3.22 Salmon and trout are key species of our Highland rivers and coastal waters. An objectiveof the National Marine Plan is to maintain healthy salmon (and diadromous fish) stocks. Thistherefore requires effective management of both marine and freshwaters i.e. an integrated approach. In the freshwater environment, some rivers are designated as a Special Area of Conservation (SAC)to protect salmon in the freshwater part of its life cycle. To complement this, both salmon and troutare now designated are Priority Marine Features for the marine part of their life cycle.
Box 6
Trout (Salmo trutta)
The sea trout is a brown trout that migrates to the sea for a part of its life cycle, returning tofreshwater burns to spawn. During its sea phase, it tends to transit close to the shore.
Sea trout is a Priority Species in the UK Biodiversity Action Plan list, the Scottish BiodiversityList and is a Priority Marine Feature.
33Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Box 7
Priority Marine Features
Priority Marine Features are listed as habitats and species considered to be of conservationimportance in Scotland's seas. Although many PMFs are in Natura sites, not all covered bythis designation.
They include many features which are characteristic of the Scottish marine environment,ranging from flame shell beds in coastal waters, to cold-water coral reefs of the deeper seas,and mobile species such as minke whale and basking shark.
The list of PMFs will be used to help focus future conservation action and marine planning,direct research and education and promote a consistent approach to marine natureconservation advice.
To produce the list, species and habitats on existing conservation schedules were assessedagainst criteria that considered whether a significant proportion of their population occur inScotland's seas, whether they are under threat or in decline and the functional role they play.
3.23 During their migrations from freshwater to the sea and their return, salmon and trout tendto stay relatively close to shore. In constrained sea lochs along the west Highland coast, their routecan take them very close to finfish farms. This can result in:
Higher than background levels of sea lice and potential disease impacts on wild fish from fishfarms;Genetic dilution of wild stock from interbreeding of escaped salmon from the fish farms;Introduction of non-native farmed species.
3.24 Sea lice occur naturally in wild salmonid populations. Where they encounter a fish farm,the population of lice can increase dramatically due to the intensive nature of finfish farming. These inflated lice numbers in turn can re-infect wild populations, compromising individual infectedfish and potentially have wider population-level impacts.
3.25 Whilst Marine Scotland and SEPA have various control measures for sea lice, these mainlyrelate to the farmed fish. In the apparent absence of any other source of regulation, the use of theplanning development regime to seek to safeguard wild salmonids from sea lice infestation froma fish farm would not duplicate a more specific control available under other legislation. Consideration therefore of impacts of aquaculture development on wild salmonids is undertakenby the Local Authority at the planning stage. This is done, in consultation with statutory consultees,to ensure the Planning Authorities’ biodiversity duty is upheld.
The Highland Council Aquaculture Supplementary Guidance34
3 Development Criteria
3.26 Sea lice infestation appears to be a dynamic issue, where new information, research resultsand management practices are in a state of ongoing development and improvement. For example,Marine Scotland is undertaking a project on aquaculture that includes consideration of the spatialconstraints of aquaculture in relation to wild salmonids, which was due to report in March 2015. This information will be considered once it becomes available.
3.27 Where the Planning Authority is of the view there may be a likely significant effect on wildsalmonids due to elevated levels of sea lice emanating from a fish farm development, it may requirean environmental management scheme as a planning condition. Where appropriate it may benecessary for the Planning Authority to provide an opportunity for alternative forms of sea licecontrol and culture techniques to be introduced or to time-limit planning applications in order todetermine likely impacts on wild salmonids, taking account of improved knowledge and bestpractice.
3.28 In some regions, Area Management Agreement areas have been established with fishfarming companies, owners of significant rivers and other relevant wild salmonid interests.
DC 3.2
Wild Salmonids and Sea Lice
Aquaculture development will only be permitted where:
there is no significant adverse impact on wild salmonid populations; cumulative impacts on wild salmonids have been assessed and mitigatedwhere appropriate.
Where appropriate, mitigation measures to be followed in relation to the management of sealice and their potential impacts on biodiversity must be contained within an environmentalmanagement plan to be submitted in support of the planning application.
35Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Development Criterion 4: Water Quality
Topics covered:
Water Quality
Benthic impacts
3.29 Aquaculture development and activities rely on high water quality. Finfish cages have thepotential in impact the water column and seabed (benthic impact) from the discharge of treatmentchemicals, waste feed, feed treated with anti-sealice chemicals and fish faeces. Aquaculturedevelopment therefore requires a degree of tidal flushing to disperse waste materials and provideplankton for shellfish developments. Under the River Basin Management Planning (RBMP) Process,the status of freshwater, transitional and coastal water-bodies is assessed and monitored againsta range of criteria. The aim is for all water-bodies to reach good ecological status within a specifiedtimeframe.
Box 8
Good Ecological Status
The Water Framework Directive (WFD) aims to achieve ‘Good Ecological Status’ for all watersfrom Mean High Water Springs out to three nautical miles by 2015. The Directive wastransposed into Scottish law by the Water Environment and Water Services (Scotland) Act2003.
3.30 The RBMP process is managed by SEPA, which provides datasheets for all water bodies. These set out the status and identified pressures within that water-body that will adversely impacton water quality. Measures are suggested that can help mitigate, remove or reduce those pressures. In determining planning applications for aquaculture developments in both the Marine andFreshwater Environment, the Council will have regard to the RBMP status of the receiving waterbody and whether or not proposed development will result in increased pressures on it.
3.31 When alterations or extensions to an existing fin fish farm would increase the biomass orextend the equipment used, additional information would be required by both the PlanningAuthority and SEPA to ensure benthic habitats and water quality are not adversely impacted.Evidence would be required to assure SEPA that additional impacts would be within acceptablelimits before it can recommend the Planning Authority to approve an application.
3.32 Many Highland fin fish farms make use of well boats for the treatment of fish for sealice ordisease. Where these activities require discharges from the boat, which may affect water quality,a Marine Scotland licence is required (see Table 1).
3.33 SEPA guidance suggests that new shellfish development should be located within whatare now known as ‘shellfish water protected areas’ (SWPA) (see Map 3). The boundaries of thesemay be updated by SEPA as required. Developers should consult with SEPA to ensure they havethe latest information. However, for applications which propose to develop outwith these areas,SEPA advise it will not object, but will provide advice as to the likely suitability of the waters andhighlight where there may be issues that would impeded a site being designated as SWPA. A
The Highland Council Aquaculture Supplementary Guidance36
3 Development Criteria
package of Scottish Government measures ensures the continued protection and improvementof these shellfish growing waters. These measures are integrated within the river basin managementplanning process and the water quality within the designated areas is regularly monitored by SEPA. These areas are ultimately protected to ensure good quality products that are safe for humanconsumption.
DC 4.1
Water Quality
Proposals for new marine finfish farming development and/or extensions to existing sites willnot be permitted in locations where they would have a significant adverse impact on waterquality.
Where appropriate, proposals will require to be accompanied with modelling and calculationsthat demonstrate that the benthic and water column impacts are localised and withinenvironmental limits.
37Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Development Criterion 5: Other marine users
Topics covered:
Inshore fishing
Recreational users
Navigation
3.34 Development in the marine environment has increased significantly in the last few decades. This has driven the need to a more formalized approach to resource utilization in the form of marinespatial planning. Any proposal for aquaculture development in the coastal area therefore has toconsider a wide range of other marine activities and resource use and vice versa (see Table 4). These activities may have an economic, environmental and social impact both in the sea and onneighbouring land.
3.35 Many Highland marine activities make significant contributions to the local economy andsupport fragile, remote communities. These include fishing, ports and harbours, renewable energy,recreation and leisure.
3.36 Inshore fishing in particular has a long history around the Highland coast and can be oneof the main competitors for space with aquaculture. Whilst acknowledging the data limitations,information from the Scotmap projects suggests this pressure may be particularly found alongareas off the west coast and off north-west Skye. This project targeted all Scottish registeredcommercial fishing vessels under 15 meters. The data were collected during face-to-face interviewswith individual vessel owners and operators and relate to fishing activity for the period 2007 to2011.
3.37 Coastal tourism supports a variety of related business such as wildlife tour boats, sailing,accommodation, cafes and restaurants. Further detailed information about each of these sectorswill be available once the various Regional Marine Plans are developed by the Regional MarinePartnerships, as proposed by Scottish Government under the Marine (Scotland) Act 2010.
The Highland Council Aquaculture Supplementary Guidance38
3 Development Criteria
Table 4 Examples of other marine users and potential interactions with aquaculture
development*.
Potential InteractionsUser/Activity
ShellfishFinfish
May compete for space,leading to perceiveddisplacement andsocio-economic impacts.
May compete for space, leading to perceiveddisplacement and socio-economic impacts.
Detritus from fish farms may have localisedeffects.
Creel fishing
Use of shared infrastructuree.g. Piers.
Use of shared infrastructure e.g. piers
May compete for space. Adequate separationdistances between other finfish sites arerequired to reduce potential for disease andinfection transmission.
Existingaquaculture
May compete for space.
NegligibleNegligible at present but may change asoffshore wind, wave and tidal schemes
Marine renewableenergydevelopments develop. May be opportunities for synergistic
benefits.
NegligibleCable and pipeline routes may affect existingor new fin fish sites but effects likely to berestricted to installation stages.
Marine cableroutes andpipelines
Poorly sited developmentsmay encroach on or take
Poorly sited developments may encroach onor take over natural anchorage or impedenavigation.
Yachting/Pleasurecraft
over natural anchorage orimpede navigation.
Lines or trestles close toshore may impede access.
Opportunity for shared access to piers. Acoustic Deterrent Devices (ADDs) mayimpacts on divers’ enjoyment of a site.
Recognised divesites
*Note: A detailed assessment of interacting factors would be undertaken on a case-by-case basis:this list provides examples only.
39Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
DC 5.1
Other Marine Users**
Aquaculture development will only be permitted where, in the view of the Planning Authority:
there is no significant adverse impact on other marine users;existing fisheries have been considered and where appropriate, effects mitigated.
Developers should consult with the relevant harbour authority and Marine Scotland at anearly stage in the planning process to consider any potential navigation and shipping issues,where appropriate. Details of such considerations should be provided in any subsequentplanning application.
Developers should consult with local fisheries interests at an early stage where there is evidenceof fishing activity in the area of the proposed development.
Development will not be permitted where there would be adverse effects on the amenityvalue of anchorages and harbours, including their approaches, would be compromised.
Where appropriate, opportunities for shared use of jetties, piers and harbours should beconsidered.
Access to the foreshore for recreational activities, recognised yacht anchorages and dive sitesshould not be impeded.
**Note: given the large geographic size of Highland, it is impracticable to map the variety of existingusers. However, where local information is available, the Planning Authority will aim to providethis information at the pre-application stage. The Planning Authority would expect developers totake a common sense approach to identifying other key marine users likely to be affected, or affecttheir development proposals and discuss appropriate mitigation in submitted applications.
The Highland Council Aquaculture Supplementary Guidance40
3 Development Criteria
Development Criterion 6: Construction, Operational & Decommissioning Impacts
Topics covered:
Equipment
Amenity
Access
Waste
Light
Noise
Predator Control
Decommissioning
3.38 Aquaculture developments have the potential to impact on neighbouring users, wildlifeand the landscape. The trend for finfish developments to use increasingly larger cages and feedbarges and for more extensive mussel and oyster farms has led to increased visual and amenitypressures. Additional or extended aquaculture sites increases the amount of boat traffic and otheroperational issues.
3.39 To help reduce such impacts, mitigation measures may be required. Developers maytherefore be required to provide information on issues such as visual impact, light, noise and odourmitigation measures in support of their applications. The main considerations are:
1. Equipment
Poor choice of colour or design of equipment can have a significant impact on the surroundinglandscape or seascape. The height of some equipment can make it more difficult to assimilatein the landscape and seascape therefore low-profile designs are generally preferable. Withthe growing trend for the finfish farming equipment used to be larger, e.g. 400T feed-bargesand higher top-nets, additional mitigation may be required. Whilst there may be a drive withinthe industry for standardized equipment, a ‘one size fits all’ approach is not appropriate insome areas of Highland. All aquaculture equipment should fit with Sustainable Design policy(No. 28) in the HwLDP. Equipment, other than navigational markers, should be in muted, mattcolours that to blend into the surroundings. Where other colouration would be moreappropriate, written permission should be obtained in advance from the Planning Authority.
2. Amenity
The amenity value of an area can be impacted by aquaculture activities that introduce newstructures that are unsympathetic to the surroundings or existing pattern of use. Amenityvalue can be defined as natural or physical qualities and characteristics of an area thatcontribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural andrecreational attributes. An assessment of the amenity impacts may be particularly helpful inproposals for new developments or significant amendments to existing sites.
3. Access
Particularly where developments are proposed in remote areas and road access is required,developers may be required to undertake an access assessment. Wwhere operations requireaccess to the intertidal zone e.g. tractors and trailers used for oyster harvesting, an assessmentof the impact on pedestrian and leisure use access may be required. Harbours, piers, jettiesand pontoon are key access points for both aquaculture and many other marine activities,allowing opportunities for shared use.
4. Waste
41Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
Waste from aquaculture has the potential to harm wildlife, cause unsightly litter, particularlyin otherwise relatively pristine areas or become an obstruction or navigation hazard. Development proposals should include information on how waste will be dealt with and acommitment to minimize waste in all aspects of the site’s operation. Storm-damagedequipment that has broken free from its moorings or abandoned equipment can also be ahazard to navigation, people and wildlife. Recovery and proper disposal of such equipmentis therefore important.
5. Light
Above surface lighting on feed-barges and cage systems, along with underwater lighting, cancause light pollution and additional visual impact, particularly in remote sealochs where thesense of naturalness and isolation is a key tourist draw. It also has the potential to impact onthe faunal communities, other than the farmed fish, present in the water ecosystem by alteringa variety of biological processes.
6. Noise and Odour
Operational noise caused by equipment such as generators, feed-blowers and harvestingboats or other mechanised equipment working outwith normal working hours have thepotential to affect nearby people, particularly in closely confined loch systems or areas wherethere is normally little background noise. Noise assessment and potential mitigation measuresshould be provided where such equipment is to be used. Details of any odour mitigationmeasures should also be provided.
7. Predator Control
Some species may be attracted to the concentrations of fish or shellfish at an aquaculturesites, which can have a significant impact on the operation of the site. In order to enable thedetermination of site-specific risks, where appropriate, the developer will be required toprovide information on the proposed predator management system. This is likely to includethe presence and abundance of species that might be at risk from any proposed anti-predatormethods.
8. Decommissioning
Once a site is no longer required for aquaculture production it may be decommissioned. Inmost instances, appropriate conditions are attached to a planning consent to ensure timelyremoval of equipment and adequate restoration of a site.
3.40 To help mitigate some of the potential impacts discussed above, finfish and shellfishdevelopers have access to their respective Code of Good Practice. Whilst these provide standardsof practice and a framework for industry development, they do not replace or remove any of theplanning requirements outlined in this supplementary guidance.
DC 6.1
Construction, Operation & Decommissioning
All aquaculture development proposals should ensure that any potential significant adverseeffects, including cumulative impacts, due to equipment design, colour, amenity, access,lighting, noise, odour, predator control or site closure are appropriately mitigated to thesatisfaction of the Planning Authority.
Where appropriate, planning applications should be supported by a predator managementstrategy.
The Highland Council Aquaculture Supplementary Guidance42
3 Development Criteria
With regard to all planning permissions granted pursuant to this policy, if any site is notoperational for a continuous period exceeding three years, all equipment must be removedfrom the site to the satisfaction of the Planning Authority.
43Aquaculture Supplementary Guidance The Highland Council
Development Criteria 3
The Highland Council
Application Form & Guidance
http://www.highland.gov.uk/info/1225/countryside_farming_and_wildlife/62/fisheries_and_aquaculture
Pre-application advice
http://www.highland.gov.uk/info/180/planning_-_applications_warrants_and_certificates/187/when_to_get_planning_permission/4
Major Application guidance (for site equipment > 2.0 ha)
http://www.highland.gov.uk/info/180/planning_-_applications_warrants_and_certificates/143/planning_permission
Highland wide Local Development Plan
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/199/highland-wide_local_development_plan
Supplementary Guidance
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/213/supplementary_guidance
Special Landscape Areas
http://www.highland.gov.uk/downloads/file/2937/assessment_of_highland_special_landscape_areas
Cultural heritage sites
http://her.highland.gov.uk/
Highland Historic Environment Strategy
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/213/supplementary_guidance/19
Aquaculture Framework Plans
http://www.highland.gov.uk/info/1225/countryside_farming_and_wildlife/62/fisheries_and_aquaculture/6
Highland Coastal Development Strategy
http://www.highland.gov.uk/downloads/file/1062/highland_coastal_development_strategy
The Highland Council Aquaculture Supplementary Guidance44
4 Additional Sources of Information
Enforcement Charter
http://www.highland.gov.uk/downloads/download/203/planning_enforcement_charter
SNH
Natura sites
http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/international-designations/natura-sites/
Habitats Regulations Appraisal (Appropriate Assessments)
http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/international-designations/natura-sites/habitats-regulations/
MPA guidance
http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/national-designations/marine-protected-areas-(mpa)/
Site and Design guidance
http://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id=113
Landscape and Aquaculture guidance
http://www.snh.gov.uk/protecting-scotlands-nature/looking-after-landscapes/landscape-policy-and-guidance/landscape-planning-and-development/landscape-and-aquaculture/
Protected species
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/
SEPA
CAR Regulations
http://www.sepa.org.uk/water/water_regulation.aspx
Shellfish water protected areas
http://www.scotland.gov.uk/Topics/Environment/Water/15561/shellfishwaters
Modelling data
http://www.sepa.org.uk/water/water_regulation/regimes/aquaculture/marine_aquaculture/modelling.aspx
45Aquaculture Supplementary Guidance The Highland Council
Additional Sources of Information 4
SEPA fish farm manual
http://www.sepa.org.uk/water/water_regulation/regimes/aquaculture/marine_aquaculture/fish_farm_manual.aspx
Scottish Government
Permitted Development Rights
http://www.scotland.gov.uk/Topics/marine/Fish-Shellfish/18716/fish-farm
Aquaculture and Fisheries (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/7/enacted
Scottish Planning Policy (SPP)
http://www.scotland.gov.uk/Publications/2014/06/5823
A Fresh Start – the Renewed Framework for Scottish Aquaculture (2009)
http://www.google.co.uk/url?url=http://www.scotland.gov.uk/Resource/Doc/272866/0081461.pdf&rct=j&frm=1&q=&esrc=s&sa=U&ei=xnyVU5_CJYu7PZj4gNgI&ved=0CCEQFjAB&usg=AFQjCNFR4uuFrQDUAVMbB_y0rPL6wfX_Cw
Circular 1/2007 Planning Controls for Marine Fish Farming
http://www.scotland.gov.uk/Publications/2007/03/29102026/1
Locational Guidelines
http://www.scotland.gov.uk/Topics/marine/Publications/publicationslatest/farmedfish/locationalfishfarms
Running a fish farm
http://www.scotland.gov.uk/Topics/marine/Fish-Shellfish/18716
Marine Protected Areas
http://www.scotland.gov.uk/Topics/marine/marine-environment/mpanetwork
Historic Marine Protected Areas
http://www.historic-scotland.gov.uk/index/heritage/wrecksites/scotlands-historic-wrecks.htm
Marine (Scotland) Act 2010
http://www.oqps.gov.uk/legislation/acts/acts2010/pdf/asp_20100005_en.pdf
Environmental Impact Assessment (EIA) Regulations
http://www.scotland.gov.uk/Topics/archive/National-Planning-Policy/themes/
The Highland Council Aquaculture Supplementary Guidance46
4 Additional Sources of Information
enviro-assessment/eia
National Planning Framework
http://www.scotland.gov.uk/Topics/Built-Environment/planning/NPF3-SPP-Review/NPF3
Working arrangement: Requirements of statutory consultees
www.scotland.gov.uk/Resource/Doc/295194/0106302.pdf
Review of DSFBs
http://www.scotland.gov.uk/Topics/marine/Salmon-Trout-Coarse/fishreview
Draft Planning Circular ‘Planning Scotland’s Seas: The relationship between the statutory
land use planning system and marine planning and licensing’
www.scotland.gov.uk/Resource/0042/00428395.pdf
Scotmap
http://www.scotland.gov.uk/Topics/marine/science/MSInteractive/Themes/ScotMap
Seal haul-out sites
http://www.scotland.gov.uk/Topics/marine/marine-environment/species/19887/20814/maps
NMPi
http://www.scotland.gov.uk/Topics/marine/seamanagement/nmpihome/nmpi
Scotland’s aquaculture
http://aquaculture.scotland.gov.uk/
The Wildlife and Natural Environment (Scotland) Act 2011
http://www.legislation.gov.uk/asp/2011/6/contents/enacted
Nature Conservation (Scotland) Act 2004
http://www.legislation.gov.uk/asp/2004/6/contents
The Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007
http://www.scotland.gov.uk/Publications/2007/03/29102026/7
The Town and Country Planning (Scotland) Act 1997
http://www.legislation.gov.uk/ukpga/1997/8/contents
47Aquaculture Supplementary Guidance The Highland Council
Additional Sources of Information 4
The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland)
Amendment Order 2012
http://www.legislation.gov.uk/ssi/2012/131/contents/made
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations
2011
http://www.scotland.gov.uk/Publications/2011/06/01084419/0
DSFB
Wild fisheries information
http://www.asfb.org.uk/
CEC
Seabed lease
http://www.thecrownestate.co.uk/coastal/aquaculture/working-with-us/aquaculture-leases/
SSPO
Code of Good Practice (including link to other relevant aquaculture legislation)
http://www.thecodeofgoodpractice.co.uk/cogp/preface-to-the-2010-edition
ASSG
Code of Good Practice
http://assg.org.uk/#/code-of-practice/4536619829
Miscellaneous
Minimising the impact of ducks on mussel farms.
www.gla.ac.uk/media/media_19794_en.pdf
Light pollution effects
http://goo.gl/Eajcwt
Marine Strategy Framework Directive
http://www.msfd.eu/
National Biodiversity Network
http://www.nbn.org.uk/
The Highland Council Aquaculture Supplementary Guidance48
4 Additional Sources of Information
Figure 2
49Aquaculture Supplementary Guidance The Highland Council
Diagram of aquaculture planning process 1
Purpose of this draft Environmental Report
1.1 This non-technical summary outlines the process, methods, outcomes and future stages ofthe Strategic Environmental Assessment (SEA) which has been undertaken for the documententitled ‘Aquaculture Supplementary Guidance’.
1.2 SEA is an environmental assessment of plans, programmes and strategies (PPS) and isundertaken in parallel with the preparation of the PPS to ensure that any environmental effectsare considered during its preparation and adoption. It is required under the EC SEA directive(2001/42/EC), which has been transposed into Scottish law via the Environmental Assessment(Scotland) Act 2005.
1.3 The aim of the non-technical summary is to assist the reader in understanding what thepotential environmental effects of implementation of Aquaculture Supplementary Guidance arelikely to be if it is adopted by Highland Council.
1.4 The Environmental Report is the main consultation document in the SEA and it provides adescription of the environment of Highland in terms of an environmental baseline and theassessment of potential significant environmental effects, alongside proposed measures to mitigateand monitor environmental effects during the lifetime of the Aquaculture Supplementary Guidance.
Key stages of Environmental Assessment
1.5 SEA is a systematic method for considering the likely environmental effects of the programmeand aims to integrate environmental factors into policy preparation and decision-making. It alsohas an important role to play in increasing public participation and enabling openness andtransparency in decision-making.
1.6 The key steps of the SEA that have been undertaken so far are:
A Scoping Report was prepared which set out sufficient information on the AquacultureSupplementary Guidance to enable the Consultation Authorities (Scottish Natural Heritage,Scottish Environment Protection Agency and Historic Scotland) to form a view on theappropriate scope, level of detail and consultation period;Environmental Assessment was undertaken of the introduction to the Supplementary Guidanceas well as the spatial strategy and the six Development Criteria. SEA objectives were used toassess the potential effects against the environmental baseline.
Context of Aquaculture Supplementary Guidance
1.7 The Supplementary Guidance provides further detail to the Council’s policy on aquaculturedevelopment that is provided in Policy 50 Aquaculture of the Highland wide Local DevelopmentPlan (HwLDP). Policy 50 was consulted on in 2011 as part of the Proposed Plan. To take accountof consultation responses received, changes were made to Policy 50 as well as a number of otherpolicies. The revised Policy 50 will go out for consultation on 2014/15 as part of the review of theHwLDP currently being undertaken. For information, a copy of Policy 50 is included in theAquaculture Supplementary Guidance.
The Highland Council Aquaculture Supplementary Guidance50
1 Non Technical Summary
Summary of the Proposed Plan Contents
1.8 Aquaculture Supplementary Guidance is a document that seeks to enable new and modifiedaquaculture development in appropriate areas of the Highland marine environment. It is alsoacknowledging and protecting the area’s natural and cultural heritage resources, as well as theneeds of existing users of the marine environment. It consists of an introductory section, a spatialstrategy and a set of six development criteria which provide further policy detail onLandscape/Seascape; Historic Environment; Biodiversity; Water Quality; Other marine users andConstruction, Operation & Decommissioning. The development criteria are supported by sevenindicative maps.
Current Environmental Conditions and SEA Objectives
1.9 To enable the environmental assessment of the environmental effects that could result fromimplementation of Aquaculture Supplementary Guidance, a baseline was prepared for the relevantSEA environmental receptors. It is considered that the environmental receptors that are mostsensitive to the effects of aquaculture development are Biodiversity, Water, Landscape, Cultural
heritage, Population and Material Assets. Assessment was carried out against the SEA objectives,focusing on those which are relevant to marine aquaculture development.
Environmental Assessment Findings
Biodiversity
1.10 Assessment found the SG to be broadly positive in terms of the policy protection it providesfor biodiversity, in areas such as the protection of designated sites, protected species and widerbiodiversity interests.
Water
1.11 The effects are broadly positive. DC4 explains how aquaculture development can impactupon water quality and the benthic environment. Further information is provided on the role ofSEPA and Marine Scotland in licensing aquaculture-related activities. The Locational Guidelinesand Shellfish Water Protected Areas are explained; the latter are shown in Map 3.
Landscape
1.12 The effects are broadly positive. DC1 provides a brief overview of the issues which developersshould address, whilst including links to other publications that provide relevant guidance. It setsout the issues which should be addressed in landscape and visual impact assessments.
Cultural heritage
1.13 The effects are broadly positive. DC2 lists the aspects of the historic environment whichcould be impacted by aquaculture development and provides information on the issues that shouldbe covered in an Environmental Impact Assessment.
51Aquaculture Supplementary Guidance The Highland Council
Non Technical Summary 1
Population
1.14 The effects are broadly positive. Sources of nuisance such as noise and lighting are addressed,as well as the requirement to consider public safety and ensure that access to the foreshore is notimpeded.
Material assets
1.15 The effects are broadly positive. DC6 requires information on waste management andwhere appropriate requires planning applications to be supported by a decommissioning statement.This is likely to benefit all environmental receptors.
1.16 Overall it is predicted that the environmental effects of Aquaculture Supplementary Guidancewill be positive.
1.17 A number of existing environmental issues were identified during the SEA process. Mitigativemeasures identified to protect the environment are included in Table 10 of the EnvironmentalReport which is reproduced below.
Table 5 Summary of mitigation measures included in Aquaculture Supplementary Guidance
Proposed measures for the
reduction/prevention and offset of
significant adverse effects
Impact of
PPS
Existing Problem?SEA Issue
DC6 highlights the need for apredator management strategy,where appropriate
Broadlypositive
Incidental harm to nontarget species due toinappropriately designed or
Biodiversity
located anti-predatormeasures
SG highlights the requirement toprotect vulnerable benthic habitats
Broadlypositive
Damage to or loss of benthichabitats that are sensitive toaquaculture
DC3.2 states that development willon be permitted where there is no
Broadlypositive
Impact on wild salmonids,e.g. due to increased
significant adverse impact on wildexposure to sea lice andtheir larvae salmonid populations and where
cumulative impacts on wild salmonidshave been assessed and mitigatedwhere appropriate
DC4 identifies and Shellfish WaterGrowing Areas and signposts toCategory 3 areas
Positive orneutral
Potential for adverse effectson water quality
Water
DC1 provides an overview ofguidance on siting and design and
Broadlypositive
Potential for adverseimpacts on landscape due
Landscape
makes reference to more detailedto poorly sited or designedaquaculture development
The Highland Council Aquaculture Supplementary Guidance52
1 Non Technical Summary
Proposed measures for the
reduction/prevention and offset of
significant adverse effects
Impact of
PPS
Existing Problem?SEA Issue
guidance, supported by a spatialstrategy
DC2 provides adequate guidance onthe need to avoid significant adverse
Broadlypositive
Potential for adverse effectson historic sites, includingtheir settings
Culturalheritage
impact on historic resources and theirsetting
DC6 provides policy guidance on theneed to mitigate, where necessary,
Broadlypositive
Potential nuisance in termsof noise, lighting and odour
Population
sources of nuisance such as noise,lighting and odour
DC6 highlights the requirement toprotect access to the foreshore
Broadlypositive
Potential for obstruction ofaccess to coastal routes orpopular amenity sites
DC8 requires appropriatemanagement of waste
Broadlypositive
Potential issues arising frominadequate wastemanagement
Materialassets
All six Development Criteria aim toenable sustainability in new ormodified aquaculture development
Broadlypositive
Tensions are possible inbalancing expansion withthe need for developmentto be sustainable
Crosssectoralissues
DC5 requires developers todemonstrate that any potential
Broadlyneutral
Increased demand for spacein the marine environment
impacts of proposals on other usersof the marine environment have beenidentified and, where conflicts ofinterest are likely, to provide detailsof impacts and the proposedmitigation measures
Monitoring Programme
1.18 The purpose of monitoring is to ensure that the proposed mitigation is effective and thatany unexpected effects can be detected at an early stage so that appropriate remedial action canbe put in place. Over time it is expected that environmental benefits will become apparent throughthe trends in the monitoring indicators. Monitoring will be used to provide essential informationon which to base future development. A monitoring programme may be developed with targetsrelating to the SEA objectives, within the wider LDP monitoring. Further changes to the AquacultureSupplementary Guidance are likely in order to take account of the responses to the consultation.
53Aquaculture Supplementary Guidance The Highland Council
Non Technical Summary 1
Once the draft Aquaculture Supplementary Guidance and accompanying draft EnvironmentalReport have been consulted upon, the changes made will be summarised in the final EnvironmentalReport.
Next Steps
25 May 2015 Environmental Report and Aquaculture Supplementary Guidance go out for publicconsultation
19 July 2015 Deadline for consultation responses
Autumn/Winter 2015 Responses considered and taken into account in preparation of a finalAquaculture Supplementary Guidance
The Highland Council Aquaculture Supplementary Guidance54
1 Non Technical Summary
Purpose of this draft Environmental Report and key facts
2.1 As part of the preparation of Aquaculture Supplementary Guidance, Highland Council iscarrying out a Strategic Environmental Assessment (SEA). SEA is a systematic method for consideringthe likely environmental effects of certain PPS. SEA aims to:
integrate environmental factors into PPS preparation and decision-making;improve PPS and enhance environmental protection;increase public participation in decision making; andfacilitate openness and transparency of decision-making.
2.2 SEA is required by the Environmental Assessment (Scotland) Act 2005. The key SEA stagesare:
determining whether the PPS is likely to have significant environmentaleffects and whether an SEA is required
Screening
deciding on the scope and level of detail of the Environmental Report, andthe consultation period for the report – this is done in consultation with
Scoping
Scottish Natural Heritage, The Scottish Ministers (Historic Scotland) and theScottish Environment Protection Agency
publishing an Environmental Report on the PPS and its environmentaleffects, and consulting on that report
EnvironmentalReport
providing information on: the adopted PPS; how consultation commentshave been taken into account; and methods for monitoring the significantenvironmental effects of the implementation of the PPS
Adoption
monitoring significant environmental effects in such a manner so as to alsoenable the Responsible Authority to identify any unforeseen adverse effectsat an early stage and undertake appropriate remedial action
Monitoring
2.3 The purpose of this Environmental Report is to:
provide information on Aquaculture Supplementary Guidance;identify, describe and evaluate the likely significant effects of the PPS and its reasonablealternatives;provide an early and effective opportunity for the Consultation Authorities and the public tooffer views on any aspect of this Environmental Report.
2.4 The key facts relating to Aquaculture Supplementary Guidance are set out in Table 6 below.
Table 6 Key facts relating to Aquaculture Supplementary Guidance
Highland CouncilName of Responsible
AuthorityAquaculture Supplementary GuidanceTitle of plan/programme
55Aquaculture Supplementary Guidance The Highland Council
Introduction 2
The Planning etc. (Scotland) Act 2006. The Council is required bylaw to prepare and keep under review a Development Plan which
What prompted the plan
sets out the Council’s planning policies on the use anddevelopment of land in the County. This Supplementary Guidancedocument provides the detail for Policy 50 Aquaculture of theHighland wide Local Development Plan (HwLDP).
AquaculturePlan subject
2015 – 2018, then to fall in line with any revised HwLDPPeriod covered by plan
Following adoption, the Supplementary Guidance will bemonitored and reviewed every five years and updated if required
Frequency of updates
Aquaculture Supplementary Guidance covers the marineenvironment of Highland from MHWS out to a limit of 3 nauticalmiles
Plan area
The document provides additional policy guidance on the rangeof considerations which must be considered for planning
Plan purpose and/or
objectives
applications for new aquaculture proposals, including changesto existing developments
Development & InfrastructureContact point
SEA activities to date
2.5 Table 7 summarises the SEA activities to date in relation to Aquaculture SupplementaryGuidance
Table 7 SEA activities to date
Notes (e.g. comment on
data availability,
particular issues or any
advice from the
Consultation Authorities
that has now been taken
into account)
When
carried out
SEA Action/Activity
Screening was consideredunnecessary as the
October 2014Screening to determine whether the PPS islikely to have significant environmentaleffects assessment of Aquaculture
Supplementary Guidancewas required under Section5(3) of the EnvironmentalAssessment (Scotland) Act2005.
The Highland Council Aquaculture Supplementary Guidance56
2 Introduction
Notes (e.g. comment on
data availability,
particular issues or any
advice from the
Consultation Authorities
that has now been taken
into account)
When
carried out
SEA Action/Activity
November 2014Scoping the consultation periods and thelevel of detail to be included in theEnvironmental Report
August 2014Outline of the PPS
August 2014relationship with other PPS andenvironmental objectives
November 2014environmental baseline established
November 2014environmental problems identified
December 2014assessment of future of area without the PPS
December 2014alternatives considered
January 2015environmental assessment methodsestablished
January 2015selection of PPS alternatives to be includedin the environmental assessment
January 2015identification of environmental problemsthat may persist after implementation andmeasures envisaged to prevent, reduce andoffset any significant adverse effects
February 2015monitoring methods proposed
May- July 2015consultation timescalesTimescale for Consultation AuthoritiesTimescale for public
May-July 2015notification/publicity action
57Aquaculture Supplementary Guidance The Highland Council
Introduction 2
Outline and objectives of Aquaculture Supplementary Guidance
3.1 Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires that theEnvironmental Report includes “an outline of the contents and main objectives of the plan orprogramme”. The purpose of this section is to explain the nature, contents, objectives and timescaleof the PPS.
National policy context
3.2 In June 2014 the Scottish Government published its consolidated Scottish Planning Policy2 (SPP) which replaced SPP (2010). The new SPP2 requires local development plans to make positiveprovision for aquaculture developments and identify sensitive areas which are unlikely to beappropriate for such development. When assessing specific proposals the planning authority couldtake into account:
Impact on, and benefits for, local communities;Economic benefits of the sustainable development of the aquaculture industry;Landscape, seascape and visual impact;Biological carrying capacity;Effects on coastal and marine species (including wild salmonids) and habitats;Impacts on the historic environment and the sea or loch bed;Interaction with other users of the marine environment (including commercial fisheries,Ministry of Defence, navigational routes, ports and harbours, anchorages, tourism, recreationaland leisure activities); andCumulative effects on all of the above factors.
Highland Local Development Plan policy context
3.3 This Supplementary Guidance accompanies Policy 50 Aquaculture of the Highland wideLocal Development Plan (the Plan) which seeks to support the development of aquaculture inappropriate locations in Highland. Highland Council is aware of both the economic potential ofthe industry and the associated challenges. A particular challenge will be accommodating furtherdevelopment within a marine area where there are increasing demands for space, whilst protectingits environmental assets. This policy addresses these and other challenges by providing applicantsand the public with a robust framework to assess new development against which maximises thepotential for aquaculture development in Highland.
3.4 Highland Council’s policy on Aquaculture was set out in Policy 50 Aquaculture of its ProposedLocal Development Plan which underwent public consultation in 2009 & 2010. To take account ofconsultation responses received a number of changes where made to development plan policiesand the following revised Policy 50 Aquaculture is now included in the Highland wide LocalDevelopment Plan:
Policy 50 of the Highland-wide Local Development Plan
The Council supports the sustainable development of finfish and shellfish farming subject tothere being no significant adverse effect, directly, indirectly or cumulatively on:
the natural, built and cultural heritage, taking into consideration:
The Highland Council Aquaculture Supplementary Guidance58
3 Context
landscape character, scenic and visual amenity with reference to SNH commissionedreport: landscape/seascape carrying capacity for aquaculture;the classification and objectives set out in the river basin management plan for theScotland river basin district and supplementary area management plans;wild fish populations;biological carrying capacity;and cumulative benthic and water column impacts - for finfish proposals support isconditional on proposals being consistent with Marine Scotland’s LocationalGuidelines for the authorisation of Marine Fish Farms in Scottish Waters;habitats and species, including designated sites and protected species;
existing activity, taking into consideration:
commercial inshore fishing grounds;existing and consented aquaculture sites;established harbours and natural anchorages and navigation (including recreational);the location of existing/proposed pipelines/outfalls and discharge points for treatedwaste water and storm water.
All proposals will be subject to detailed assessment in these terms. Where proposals arelocated on a suitable site they will also need to show:
appropriate operational and site restoration arrangements (including management ofnoise and lighting impacts, public health and safety, and the effective control of pollution,fish farm escapes, predator interaction and disease);good design of cages, lines and associated facilities (please refer to Marine aquacultureand the Landscape: The Siting and Design of Marine Aquaculture Developments in theLandscape SNH);that opportunities for shared use of jetties, piers and ancillary facilities are promotedwhere possible.
There is a national presumption against expansion of marine finfish farms on north and eastcoasts. This does not preclude shellfish farming in these areas. More detailed policy relatingto key pressure areas for aquaculture is given through the Council’s Aquaculture FrameworkPlans and Integrated Coastal Zone Management Plans, which the Council intends to adopt asSupplementary Guidance to this Plan.
Where new fish farm provision will result in existing fish farm infrastructure becomingredundant, we will seek the removal of the redundant infrastructure as a requirement of thedevelopment.
The core principles of the Highland Council’s aquaculture framework plans and coastaldevelopment plans are similar. However, coastal development plans cover all sectors and arerelevant to proposals for all types of installations in coastal waters. The aquaculture frameworkplans will:
guide the location and scale of aquaculture development;ensure that development is environmentally sustainable;
59Aquaculture Supplementary Guidance The Highland Council
Context 3
identify both opportunities and constraints so that developers have a realistic idea of thedevelopment potential and other interests which should be taken into account;provide an overview for the use of the coastal waters and promote a balanced approachwhich can safeguard the area’s core natural assets and sustain or enhance its productivityover the longer term;aim to guide investment, help in the evaluation of development proposals, and help tominimise conflicts of interest.
Outline of the draft Aquaculture Supplementary Guidance
3.5 The draft Aquaculture Supplementary Guidance comprises four parts: an introductory sectionfollowed by a spatial strategy and maps, a set of six development criteria then additional sourcesof information. Parts one to three will be assessed in the SEA.
Section 1.0 Introduction
3.6 Paras 1.1-1.4 outline the purpose of the document and includes a copy of Policy 50Aquaculture from the HwLDP.
3.7 Paras 1.5-1.8 provide the background information and set the scene for aquaculture in termsof its importance as an industry in rural Scotland. Current Scottish Government targets for industrygrowth are also highlighted.
3.8 Paras 1.9-1.15 outlines the main legislation and policy guidance available.
3.9 Paras 1.16-1.27 provides background on the main decision making processes and applicationprocedures required for local planning authority aquaculture planning applications, including EIArequirements.
3.10 Para 1.28 and Table 1 outlines the role of other organisations involved aquacultureconsenting.
Section 2 Spatial Strategy
3.11 Paras 2.1-2.6 outline the background to the rationale for the information provided in thespatial strategy and the accompanying seven maps and provides information on where moredetailed guidance can be found.
Section 3 Development Criteria
3.12 This section contains the six development criteria against which all proposals for aquaculturedevelopment and/or associated infrastructure will be assessed. Each Development Criterion (DC)begins with a section of explanatory text providing further planning guidance and/or links toadditional sources of information or guidance, which is then followed by a relevant policy statement.
DC 1 Landscape/Seascape, Siting and Design
3.13 DC1.1 Landscape, Siting and Design & DC1.2 Wild Land and Unspoilt Coast addresses issuessurrounding initial site selection and layout and design of new developments and landscape settingissues for all development. It is highlighted that, as a general rule, aquaculture development should
The Highland Council Aquaculture Supplementary Guidance60
3 Context
not dominate its landscape setting or become the main feature in views and proposals should notmaterially impact on the overall quality of the landscape. Summary guidance on the layout ofaquaculture equipment is provided but for more in-depth guidance the reader is directed torelevant publications. DC1 is supported by Map 5 Wild Land Areas, Special Landscape Areas andNational Scenic Areas.
3.14 DC1.3 Separation Distances outlines the distances that should be maintained betweenaquaculture developments.
DC2 Historic Environment
3.15 This criterion addresses the potential effects of aquaculture development on culturalheritage interests. It draws attention to the need to protect these assets, including the wrecksprotected by the historic Marine Protected Areas in Highland. Guidance is provided on factorswhich should be considered in any Environmental Impact Assessment and links are provided touseful sources of information.
DC3 Biodiversity
3.16 DC3.1 Designated Habitats and Species addresses the potential effects of aquaculturedevelopment on natural heritage interests, i.e. designated sites, protected species and habitats aswell as the wider biodiversity. It requires developers to demonstrate that proposals would notresult in a significant adverse impact, either individually or cumulatively, on the natural environmentwhich includes the qualifying interests and integrity of Natura 2000 sites; Ramsar Sites; Sites ofSpecial Scientific Interest; protected species, including European Protected Species; and widerbiodiversity interests. DC3 is supported by Maps 4, 6 and 7 Environmental Designated Areas, SealHaul-out Sites and Areas of Presumption Against Further Fin Fish Development respectively, whichillustrate the boundaries of the various designations.
3.17 DC 3.2 Wild Salmonids and Sea lice requires developers to consider the potential impactof aquaculture development on wild salmonids and other biodiversity from sea lice loadings.
DC4 Water Quality
3.18 All aquaculture development depends on good water quality. This criterion describes thepotential for aquaculture development to impact upon the water column and sea bed (benthicimpacts). It highlights the role of SEPA and Marine Scotland with regard to water quality issues inrelation to aquaculture activities. DC4 is supported by Map 3 which illustrates the boundaries ofShellfish Water Protected Areas, as at December 2014. Users are also directed to the LocationalGuideline Maps produced by Marine Scotland, which are updated regularly.
DC5 Other marine users
3.19 This criterion outlines some example interactions of aquaculture development with othermarine users; it does not provide a comprehensive list of all other marine interests. It addressesthe need to ensure that new aquaculture development does not adversely affect the interests ofother users of the marine environment.
DC6 Construction, Operational & decommissioning Impacts
61Aquaculture Supplementary Guidance The Highland Council
Context 3
3.20 The potential for adverse effects of aquaculture during day to day operations are considered. The issues considered are equipment choice, amenity, access, waste, light, noise, predator controland decommissioning. Where appropriate, developers are required to provide details of mitigationmeasures identified to address these issues.
Section 4 Additional sources of information
3.21 This section includes web-links and information on the main documents consulted in thepreparation of the SG and key helpful information for users of the guidance.
Relationship with other Plans, Programmes and Strategies and environmental protection
objectives
3.22 Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires that theEnvironmental Report includes an outline of the PPS relationships with other relevant PPS, andhow environmental protection objectives have been taken into account in the PPS preparation. This section covers these issues and describes the policy context within which the PPS operates,and the constraints and targets that this context imposes on the PPS.
The Highland Council Aquaculture Supplementary Guidance62
3 Context
Ta
ble
8 R
ela
tio
nsh
ip t
o o
the
r P
lan
s, P
oli
cie
s o
r S
tra
teg
ies
(PP
S)
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
BIO
DIV
ER
SIT
Y
The
SG sh
ould
set o
ut th
e na
tura
l her
itage
fact
ors
whi
ch m
ust b
e ta
ken
into
acc
ount
in p
lann
ing
for
aqua
cult
ure.
The
se in
clud
e:
The
Co
nse
rva
tio
n o
f W
ild
Bir
ds
Dir
ec
tiv
e (
79
/40
9/E
EC
) pro
tect
s al
l wild
bird
s an
d th
eir
asso
ciat
ed h
abita
ts. T
he C
on
serv
ati
on
of
Na
tura
l H
ab
ita
ts a
nd
of
Wil
d F
au
na
an
d F
lora
Dir
ect
ive
(92
/43
/EE
C) p
rote
cts n
atur
al h
abita
ts a
nd c
erta
in sp
ecie
s of w
ild p
lant
s and
ani
mal
s.To
geth
er th
ese
Dire
ctiv
es e
stab
lishe
d a
com
mitm
ent t
o de
sign
atin
g a
netw
ork
of si
tes k
now
nIn
tern
atio
nally
, nat
iona
lly a
nd lo
cally
desi
gnat
ed s
ites;
as N
atur
a 20
00 s
ites.
Sp
ecia
l Pro
tect
ed A
reas
(SPA
) are
des
igna
ted
unde
r the
Bird
s D
irect
ive
and
Spec
ial A
reas
of C
onse
rvat
ion
(SA
C) a
re d
esig
nate
d un
der t
he H
abita
ts D
irect
ive.
Thi
s is
a ke
y un
derly
ing
inte
rnat
iona
l pol
icy
com
mitm
ent,
to b
e re
flect
ed in
the
pol
icie
s of t
he L
ocal
Dev
elop
men
t Pla
n.th
e re
quire
men
t for
aqu
acul
ture
pro
pos
als
to u
nder
go a
Hab
itats
Reg
ulat
ions
Ap
pra
isal
whe
re th
e lik
elih
ood
of si
gnifi
cant
eff
ects
on
a N
atur
a si
te c
anno
t be
rule
d ou
t;Th
e C
on
ve
nti
on
on
We
tla
nd
s o
f In
tern
ati
on
al
Imp
ort
an
ce
19
71
(a
me
nd
ed
19
82
an
d
19
87
) em
pha
sise
s th
e sp
ecia
l val
ue o
f wet
land
, par
ticul
arly
as
a ke
y ha
bita
t for
wat
erfo
wl.
The
Con
vent
ion
resu
lted
in d
esig
natio
n of
site
s kno
wn
as R
amsa
r Site
s for
man
agem
ent a
ndco
nser
vatio
n at
an
inte
rnat
iona
l lev
el.
Spec
ies
that
are
pro
tect
ed b
y le
gisl
atio
n,in
clud
ing
Euro
pea
n Pr
otec
ted
Spec
ies
and
spec
ies
such
as
seal
s w
hich
are
cov
ered
by
diff
eren
t are
as o
f leg
isla
tion;
’co
nser
vatio
n of
the
wid
er b
iodi
vers
ity, a
ndth
e pr
otec
tion
of p
riorit
y ha
bita
ts a
nd sp
ecie
sou
twith
des
igna
ted
area
s;Th
e W
ild
life
an
d C
ou
ntr
ysi
de
Act
(19
81
) is t
he U
K le
gisl
atio
n w
hich
impl
emen
ts th
e H
abita
tsan
d Bi
rds
Dire
ctiv
es, t
o p
rote
ct h
abita
ts a
nd s
pec
ies
and
desi
gnat
ed s
ites
(up
date
d b
y th
eN
atur
e C
onse
rvat
ion
(Sco
tlan
d) A
ct 2
004)
and
pub
lic ri
ghts
of w
ay (u
pda
ted
by
the
Cou
ntry
side
and
Rig
hts
of W
ay A
ct 2
000)
.
Prio
rity
Mar
ine
Feat
ures
Inte
rnat
iona
l and
nat
iona
l nat
ural
her
itage
desi
gnat
ions
sho
uld
be
illus
trat
ed th
roug
h an
indi
cativ
e m
ap.
The
Na
ture
Co
nse
rva
tio
n (
Sc
otl
an
d)
Ac
t 2
00
4 in
trod
uced
the
‘bio
dive
rsity
dut
y’ -
a ‘d
uty
to fu
rthe
r the
con
serv
atio
n of
bio
dive
rsity
’ for
all
pub
lic b
odie
s, a
nd s
ets
out m
ore
spec
ific
pro
visi
ons
with
in th
is (e
.g. f
or S
SSIs
).Th
e le
gisl
atio
n an
d ot
her P
PS li
sted
will
hel
pin
form
the
bio
dive
rsity
sec
tions
of t
he S
G in
part
icul
ar to
ens
ure
habi
tats
and
spec
ies a
re g
iven
63Aquaculture Supplementary Guidance The Highland Council
Context 3
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
As
a p
ublic
bod
y, H
ighl
and
Cou
ncil
ther
efor
e ha
s a
duty
, “…
. in e
xerc
isin
g an
y fu
nctio
ns, t
ofu
rthe
r the
con
serv
atio
n of
bio
dive
rsity
so
far a
s it
is c
onsi
sten
t with
the
prop
er e
xerc
ise
ofth
ose
func
tions
.” Th
e A
ct a
lso
stat
es th
e re
quire
men
t for
the
pre
par
atio
n of
a S
cott
ish
Biod
iver
sity
Str
ateg
y, to
whi
ch a
ll p
ublic
bod
ies
shou
ld p
ay re
gard
.
app
rop
riate
con
side
ratio
n in
the
aqua
cult
ure
pla
nnin
g ap
plic
atio
n p
roce
ss, a
s gu
ided
by
the
SG.
The
SG s
houl
d al
so h
ighl
ight
the
need
for w
ider
bio
dive
rsity
inte
rest
s to
be
take
n in
to a
ccou
nt in
pla
nnin
g de
cisi
ons.
The
SG
sho
uld
high
light
the
Wil
dli
fe a
nd
Na
tura
l En
vir
on
me
nt (
Sc
otl
an
d)
Ac
t 2
01
1 w
ill su
pp
ort s
usta
inab
le e
cono
mic
activ
ity, p
artic
ular
ly in
the
coun
trys
ide,
and
to p
rese
rve
the
high
qua
lity
of th
e na
tura
len
viro
nmen
t for
the
ben
efit
of th
e p
ublic
and
man
y ru
ral b
usin
esse
sris
ks p
osed
to w
ild sa
lmon
ids b
y aq
uacu
ltur
e, e
.g.
in te
rms
of s
ea li
ce in
fest
atio
n an
d fis
h es
cap
esan
d p
rop
ose
miti
gatio
n.T
he
UK
Bio
div
ers
ity
Ac
tio
n P
lan
Lis
t in
clud
es a
roun
d 40
0 sp
ecie
s an
d 45
hab
itats
that
shou
ld b
e co
nsid
ered
to a
dopt
a st
rate
gic
appr
oach
to n
atur
al h
erita
ge p
lann
ing
by c
onse
rvin
gan
d w
here
ap
pro
pria
te e
nhan
cing
hab
itats
.
20
20
Ch
all
en
ge
fo
r S
co
tla
nd
’s B
iod
ive
rsit
y 2
013
is a
sup
ple
men
t to
the
Sc
ott
ish
Bio
div
ers
ity
Str
ate
gy
200
4. T
hese
doc
umen
ts fo
rm th
e S
co
ttis
h B
iod
ive
rsit
y S
tra
teg
y
with
aim
to p
rote
ct b
iodi
vers
ity w
hils
t sup
por
ting
sust
aina
ble
eco
nom
ic g
row
th.
Both
the
UK
BAP
and
the
Scot
tish
Biod
iver
sity
list
s id
entif
y p
riorit
y sp
ecie
s an
d ha
bita
ts fo
rco
nser
vatio
n, p
rovi
ding
a b
asis
for b
iodi
vers
ity c
onse
rvat
ion
in S
cotl
and
and
the
wid
er U
K.
Th
e H
igh
lan
d L
oc
al B
iod
ive
rsit
y A
cti
on
Pla
n a
nd
th
e u
pd
ate
d d
raft
HB
AP
(2
01
5),
alo
ng
wit
h t
he
eig
ht
“c
ou
nty
-wid
e”
LB
AP
S li
st th
e p
riorit
y ha
bita
ts a
nd s
pec
ies
that
are
foun
din
Hig
hlan
d, h
ighl
ight
ing
thei
r sen
sitiv
ities
and
iden
tifyi
ng a
ctio
ns w
hich
can
be
take
n lo
cally
,an
d w
hich
mak
e a
cont
ribut
ion
to th
e co
nser
vatio
n of
thos
e sp
ecie
s an
d ha
bita
ts id
entif
ied
as b
eing
“at
risk
” or
“th
reat
ened
” in
the
UK
as a
who
le.
The Highland Council Aquaculture Supplementary Guidance64
3 Context
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
Sc
ott
ish
Ma
rin
e N
atu
re C
on
serv
ati
on
Str
ate
gy
pro
vide
s ob
ject
ives
for m
arin
e b
iodi
vers
ityun
der t
he th
ree
pill
ar a
pp
roac
h, in
clud
ing
Prio
rity
Mar
ine
Feat
ures
.
Na
tio
na
l M
ari
ne
Pla
n: M
arin
e Sc
otla
nd h
as c
onsi
dere
d a
wid
e ra
nge
of s
ecto
ral u
ses
and
activ
ities
and
hav
e de
term
ined
how
thes
e di
ffer
ent o
bje
ctiv
es a
re re
flect
ed a
nd w
eigh
ted
in th
e m
arin
e p
lan.
Lan
d-se
a in
tera
ctio
ns h
ave
also
bee
n ta
ken
into
acc
ount
as
par
t of t
hem
arin
e p
lann
ing
pro
cess
.
Sc
otl
an
d’s
Ma
rin
e A
tla
s - I
nfor
mat
ion
for t
he N
atio
nal M
arin
e Pl
an is
an
asse
ssm
ent o
f the
cond
ition
of S
cotl
and'
s se
as, b
ased
on
scie
ntifi
c ev
iden
ce fr
om d
ata
and
anal
ysis
, sup
por
ted
by
exp
ert j
udge
men
t. It
pro
vide
s b
asel
ine
info
rmat
ion
from
whi
ch th
e na
tiona
l mar
ine
pla
nw
as d
evel
oped
.
Ther
e w
ill b
e a
degr
ee o
f ove
rlap
bet
wee
n th
elo
cal a
utho
rity
pla
nnin
g sy
stem
and
the
spat
ial
pla
n fo
r the
Pen
tlan
d Fi
rth
and
Ork
ney
Wat
ers
The
Mar
ine
(Sco
tlan
d) A
ct (2
010)
pro
vide
s fo
r the
follo
win
g:
A n
ew m
arin
e p
lann
ing
fram
ewor
k so
that
incr
easi
ng u
se o
f the
seas
for e
nerg
y, fi
shin
g,aq
uacu
ltur
e, re
crea
tion
and
othe
r pur
pos
es is
wel
l man
aged
;(P
FOW
). Su
pp
lem
enta
ry G
uida
nce
shou
ld b
eco
mp
atib
le w
ith th
e em
ergi
ng P
FOW
Mar
ine
Spat
ial P
lan.
New
Mar
ine
Plan
ning
Par
tner
ship
s w
hich
will
invo
lve
loca
l age
ncie
s, c
omm
uniti
es a
ndst
akeh
olde
rs to
ens
ure
a st
rong
loca
l voi
ce;
A s
imp
ler l
icen
sing
sys
tem
to re
duce
the
adm
inis
trat
ive
bur
den
and
cut b
urea
ucra
cyre
duci
ng b
usin
ess
cost
s in
key
gro
wth
are
as s
uch
as re
new
able
ene
rgy;
Det
aile
d gu
idan
ce o
n th
ese
desi
gnat
ions
can
be
foun
d in
the
Hw
LDP.
The
SG
sho
uld
ensu
reap
pro
pria
te p
rote
ctio
n is
giv
en to
des
igna
ted
Imp
rove
d m
arin
e na
tura
l and
cul
tura
l her
itage
con
serv
atio
n to
saf
egua
rd a
nd p
rote
ctSc
otla
nd's
uni
que
hab
itats
, wild
life
and
mar
ine
arch
aeol
ogy
and
wre
cks;
and
hab
itats
and
sp
ecie
s in
line
with
Hw
LDP
pol
icie
s.
Full
regu
latio
n of
sea
l man
agem
ent g
ivin
g im
pro
ved
pro
tect
ion
for s
eals
and
a n
ewco
mp
rehe
nsiv
e lic
ence
sys
tem
.Th
e SG
sho
uld
seek
to p
reve
nt o
r min
imis
e th
ecu
mul
ativ
e ef
fect
s of
aqu
acul
ture
dev
elop
men
ton
coa
stal
and
mar
ine
ecos
yste
ms.
The
Scot
tish
Gov
ernm
ent i
s cu
rren
tly
wor
king
to d
evel
op A
Ma
rin
e S
pa
tia
l P
lan
fo
r th
e
Pe
ntl
an
d F
irth
an
d O
rkn
ey
Wa
ters
, whi
ch w
ill in
clud
e gu
idan
ce o
n th
e ar
eas
whi
ch w
ill b
ep
rom
oted
for m
arin
e en
ergy
dev
elop
men
t.
65Aquaculture Supplementary Guidance The Highland Council
Context 3
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
The
SG s
houl
d hi
ghlig
ht th
e ris
ks p
osed
to w
ildsa
lmon
ids
by
aqua
cult
ure,
e.g
. in
term
s of
sea
lice
infe
stat
ion
and
fish
esca
pes
and
pro
pos
em
itiga
tion.
Nat
ure
Con
serv
atio
n &
His
toric
Mar
ine
Prot
ecte
d A
reas
, Eur
opea
n Pr
otec
ted
Spec
ies,
Prio
rity
Mar
ine
Feat
ures
, Sea
l Con
serv
atio
n A
reas
and
Des
igna
ted
Seal
Hau
l-out
Are
as, S
AC
s, S
PAs,
Ram
sar s
ites
and
thei
r rel
ated
gui
danc
e.
WA
TE
R
The
SG s
houl
d b
e co
mp
atib
le w
ith th
e ob
ject
ives
of th
e W
ater
Fra
mew
ork
and
the
WEW
S A
ct.
The
Wa
ter
Fra
me
wo
rk D
ire
cti
ve
20
00
/60
/ E
C p
rovi
des
an o
vera
rchi
ng s
trat
egy
for t
heaq
uatic
env
ironm
ent,
incl
udin
g a
requ
irem
ent f
or E
U M
emb
er S
tate
s to
ens
ure
that
they
achi
eve
'goo
d ec
olog
ical
sta
tus'
by
2015
. Th
e SG
sho
uld
mak
e re
fere
nce
to th
e C
AR
Regu
latio
ns a
nd S
EPA
’s ro
le in
the
aqua
cult
ure
licen
sing
and
con
sent
ing
pro
cess
.T
he
Wa
ter
En
vir
on
me
nt
an
d W
ate
r S
erv
ice
s (S
co
tla
nd
) A
ct
20
03
(T
he
WE
WS
Ac
t)
tran
spos
es th
e W
ater
Fra
mew
ork
Dire
ctiv
e in
to th
e Sc
ottis
h co
ntex
t. A
ims
to p
rote
ct th
ew
ater
env
ironm
ent i
nclu
ding
by
ensu
ring
a re
liabl
e an
d hi
gh q
ualit
y su
pply
of w
ater
, red
ucin
ggr
ound
wat
er p
ollu
tion
sign
ifica
ntly
, and
pro
tect
ing
mar
ine
and
othe
r wat
ers.
Th
e W
ate
r E
nv
iro
nm
en
t (C
on
tro
lle
d A
cti
vit
ies)
(S
co
tla
nd
) R
eg
ula
tio
ns
20
05
sets
out
the
pro
cess
by
whi
ch a
ctiv
ities
whi
ch h
ave
the
pot
entia
l to
affe
ct th
e w
ater
env
ironm
ent a
rere
gula
ted.
La
nd
Use
Pla
nn
ing
Sy
ste
m S
EP
A G
uid
an
ce
No
te 1
7:
Ma
rin
e D
ev
elo
pm
en
t a
nd
Ma
rin
e
Aq
ua
cu
ltu
re P
lan
nin
g G
uid
an
ce
pro
vide
s gu
idan
ce o
n th
e ap
pro
ach
that
SEP
A s
houl
dta
ke w
hen
deal
ing
with
con
sult
atio
ns re
latin
g to
the
mar
ine
envi
ronm
ent a
nd a
quac
ultu
rede
velo
pm
ents
.
The Highland Council Aquaculture Supplementary Guidance66
3 Context
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
Rive
r Bas
in M
anag
emen
t Pla
nnin
g se
ts w
ater
qual
ity o
bje
ctiv
es re
quiri
ng a
ll w
ater
bod
ies
toac
hiev
e go
od e
colo
gica
l sta
tus
with
no
dete
riora
tion
in c
urre
nt s
tatu
s.
The
Riv
er
Ba
sin
Ma
na
ge
me
nt
Pla
n (R
BM
P) 2
00
9-2
01
5 f
or
the
Sco
tla
nd
riv
er
ba
sin
dis
tric
t
(RB
D)
and
sup
ple
men
tary
are
a m
anag
emen
t pla
ns o
utlin
e w
ater
imp
rove
men
t pla
ns fo
r the
next
six
yea
rs (2
009–
2015
).
The
SG s
houl
d su
pp
ort t
hese
ob
ject
ives
by
pre
vent
ing
or m
inim
isin
g ad
vers
e im
pac
ts o
n th
ew
ater
env
ironm
ent.
Thes
e re
gula
tions
and
gui
danc
e ai
m to
ens
ure
wat
er q
ualit
y is
mai
ntai
ned.
The
SG
will
sig
npos
tto
the
mos
t up
to d
ate
clas
sific
atio
ns, w
hich
are
upda
ted
and
mon
itore
d b
y SE
PA.
The
EC D
irect
ive
2006
/113
/EEC
on
the
qual
ity re
quire
d of
she
llfis
h w
ater
s
The
Surf
ace
Wat
ers
(She
llfis
h) (C
lass
ifica
tion)
(Sco
tlan
d) R
egul
atio
ns 1
997
and
rela
ted
Am
endm
ent 2
007
Aqu
acul
ture
and
Fis
herie
s A
ct 2
013
The
curr
ent S
hellf
ish
Wat
er P
rote
cted
Are
as w
illb
e m
app
ed in
the
SG a
nd th
eref
ore
guid
ede
velo
per
s to
ap
pro
pria
te lo
catio
ns.
The
Wat
er E
nviro
nmen
t (Sh
ellfi
sh W
ater
Pro
tect
ed A
reas
: Des
igna
tion)
(Sco
tland
) Ord
er 2
013
and
loca
tion
map
s
The
Wat
er E
nviro
nmen
t (Sh
ellfi
sh W
ater
Pro
tect
ed A
reas
: Env
ironm
enta
l Ob
ject
ives
etc
.)(S
cotl
and)
Reg
ulat
ions
201
3
The
Scot
land
Riv
er B
asin
Dis
tric
t (Q
ualit
y of
She
llfis
h W
ater
Pro
tect
ed A
reas
) (Sc
otla
nd)
Dire
ctio
ns 2
015.
Gui
danc
e co
ntai
ned
with
in: h
ttp
://w
ww
.sea
guid
ance
.org
.uk/
1/H
omep
age.
asp
x
http
://w
ww
.env
ironm
ent.s
cotl
and.
gov.
uk/
http
://w
ww
.sep
a.or
g.uk
/
67Aquaculture Supplementary Guidance The Highland Council
Context 3
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
The
SG s
houl
d p
rovi
de s
ignp
ost l
inks
to th
eLo
catio
nal G
uide
lines
as
they
are
regu
larly
upda
ted.
Lo
ca
tio
na
l G
uid
eli
ne
s: M
ari
ne
Fis
h F
arm
s in
Sc
ott
ish
Wa
ters
Iden
tifie
s Cat
egor
y 1,
2 a
nd 3
are
as, d
esig
nate
d on
the
basi
s of M
arin
e Sc
otla
nd S
cien
ce (M
SS)
pre
dict
ive
mod
els
to e
stim
ate
envi
ronm
enta
l sen
sitiv
ity o
f sea
loch
s.
CU
LT
UR
AL
HE
RIT
AG
E
The
SG s
houl
d se
t out
the
cult
ural
her
itage
issu
esw
hich
sho
uld
be
take
n in
to a
ccou
nt in
pla
nnin
gfo
r aqu
acul
ture
. The
se in
clud
e:
The
Sc
ott
ish
His
tori
c E
nv
iro
nm
en
t P
oli
cy
(S
HE
P)
The
SHEP
was
orig
inal
ly d
evel
oped
as
a se
ries
of fr
ee-s
tand
ing
pub
licat
ions
(SH
EPs
1 to
5,
pub
lishe
d b
etw
een
2006
and
200
8).
The
serie
s w
as c
onso
lidat
ed in
to a
sin
gle
docu
men
t in
2008
and
was
revi
sed
in J
uly
2009
. SH
EP h
as n
ow b
een
upda
ted
to ta
ke a
ccou
nt o
f:Sc
hedu
led
Mon
umen
ts, o
ther
uns
ched
uled
site
s of
arc
haeo
logi
cal s
igni
fican
ce a
nd th
eir
sett
ing;
the
His
toric
Env
ironm
ent (
Am
endm
ent)
(Sco
tlan
d) A
ct 2
011
the
Mar
ine
(Sco
tlan
d) A
ct 2
010;
List
ed B
uild
ings
and
thei
r set
ting;
the
adop
tion
of a
UK
Mar
ine
Polic
y St
atem
ent;
and,
Con
serv
atio
n A
reas
Scot
tish
Min
iste
rs’ p
olic
ies
for t
he d
esig
natio
n an
d m
anag
emen
t of H
isto
ric m
arin
ePr
otes
ted
Are
as.
His
toric
Gar
dens
and
Des
igne
d La
ndsc
apes
Des
igna
ted
War
Gra
ves;
His
toric
Bui
ldin
gs a
nd A
ncie
nt M
onum
ents
Act
195
3, th
e A
ncie
nt M
onum
ents
and
Arc
haeo
logi
cal A
reas
Act
197
9 an
d th
e p
lann
ing
(Lis
ted
Bui
ldin
gs a
nd C
onse
rvat
ion
Are
as)
(Sco
tlan
d) A
ct 1
997.
Add
ition
ally
, the
Sco
ttis
h H
isto
ric E
nviro
nmen
t Pol
icy
(201
1) a
nd th
e
Uns
ched
uled
terr
estr
ial a
nd m
arin
ear
chae
olog
y
Man
y kn
own
and
unkn
own
wre
cks
and
subm
erge
d ar
chae
olog
ical
feat
ures
are
dis
trib
uted
alon
g H
ighl
and’
s co
astl
ine.
The
SG
sho
uld
mak
e
Stra
tegy
for t
he P
rote
ctio
n, M
anag
emen
t and
Pro
mot
ion
of M
aine
Her
itage
201
2-15
are
key
pol
icy
docu
men
ts fo
r the
his
toric
env
ironm
ent.
Fur
ther
info
rmat
ion
and
links
to th
ese
and
othe
r key
legi
slat
ion,
pol
icy
and
guid
ance
in re
latio
n to
the
hist
oric
env
ironm
ent a
re a
vaila
ble
here
.re
fere
nce
to s
ourc
es o
f inf
orm
atio
n su
ch a
s th
eRo
yal C
omm
issi
on o
n th
e A
ncie
nt a
nd H
isto
rical
Mon
umen
ts o
f Sco
tlan
d an
d th
e C
ounc
il H
isto
ricEn
viro
nmen
t Rec
ord.
Sc
ott
ish
Pla
nn
ing
Po
lic
y s
ets
out h
ow th
e p
lann
ing
syst
em w
ill c
ontr
ibut
e to
war
ds th
ede
liver
y of
Sco
ttis
h M
inis
ters
’ pol
icie
s as
set
out
in th
e cu
rren
t Sco
ttis
h H
isto
ric E
nviro
nmen
tPo
licy
(SH
EP).
The Highland Council Aquaculture Supplementary Guidance68
3 Context
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
The
Pro
tec
tio
n o
f W
rec
ks
Ac
t 1
97
3 s
ets
out t
he d
irect
resp
onsi
bili
ties
of H
isto
ric S
cotl
and
for t
he u
nder
wat
er h
erita
ge.
PA
N 2
/20
11
Pla
nn
ing
an
d A
rch
ae
olo
gy
: as p
art o
f its
inte
ntio
n to
wor
k to
war
ds su
stai
nab
lede
velo
pm
ent,
the
Gov
ernm
ent s
eeks
to e
ncou
rage
the
pre
serv
atio
n of
our
her
itage
of s
ites
and
land
scap
es o
f arc
haeo
logi
cal a
nd h
isto
ric in
tere
st, s
o th
at th
ey m
ay b
e en
joye
d to
day
and
pas
sed
on in
goo
d or
der t
o fu
ture
gen
erat
ions
Re
lati
on
ship
wit
h o
the
r P
PS
an
d e
nv
iro
nm
en
tal
ob
jec
tiv
es
I not
e th
at T
able
1 li
sts
rele
vant
pla
ns, p
rogr
amm
es a
nd s
trat
egie
s w
hich
are
rele
vant
to th
eSG
. I n
ote
and
wel
com
e th
at y
ou h
ave
incl
uded
the
hist
oric
env
ironm
ent a
s an
envi
ronm
enta
lp
rote
ctio
n ob
ject
ive.
You
hav
e id
entif
ied
the
His
toric
Env
ironm
ent (
Am
endm
ent)
(Sco
tlan
d)A
ct 2
011
as th
e ke
y le
gisl
atio
n gi
ving
rise
to th
e en
viro
nmen
tal p
rote
ctio
n ob
ject
ive.
How
ever
,th
is A
ct is
a ti
ghtl
y fo
cuse
d te
chni
cal a
men
ding
pie
ce o
f leg
isla
tion
that
imp
rove
s th
em
anag
emen
t and
pro
tect
ion
of S
cotl
and'
s his
toric
env
ironm
ent b
y ad
dres
sing
spec
ific
gap
san
d w
eakn
esse
s in
the
pre
-exi
stin
g he
ritag
e le
gisl
atio
n fr
amew
ork.
In
view
of t
his,
it s
houl
db
e re
ad in
con
junc
tion
with
the
thre
e se
par
ate
pie
ces
of le
gisl
atio
n w
hich
it a
men
ds: t
heH
isto
ric B
uild
ings
and
Anc
ient
Mon
umen
ts A
ct 1
953,
the
Anc
ient
Mon
umen
ts a
ndA
rcha
eolo
gica
l Are
as A
ct 1
979
and
the
Plan
ning
(Lis
ted
Build
ings
and
Con
serv
atio
n A
reas
)(S
cotl
and)
Act
199
7. A
dditi
onal
ly, t
he S
cott
ish
His
toric
Env
ironm
ent P
olic
y (2
011)
and
the
Stra
tegy
for t
he P
rote
ctio
n, M
anag
emen
t and
Pro
mot
ion
of M
arin
Her
itage
201
2-20
15 a
reke
y p
olic
y do
cum
ents
for t
he h
isto
ric e
nviro
nmen
t. F
urth
er in
form
atio
n an
d lin
ks to
thes
ean
d ot
her k
ey le
gisl
atio
n, p
olic
y an
d gu
idan
ce in
rela
tion
to th
e hi
stor
ic e
nviro
nmen
t are
avai
lab
le h
ere .
PO
PU
LA
TIO
N
69Aquaculture Supplementary Guidance The Highland Council
Context 3
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
The
SG s
houl
d in
clud
e p
olic
y to
saf
egua
rd a
cces
sto
the
fore
shor
e fo
r rec
reat
iona
l act
iviti
es.
Th
e L
an
d R
efo
rm (
Sc
otl
an
d)
Ac
t, S
co
ttis
h E
xe
cu
tiv
e (
20
03
) set
out
a n
ew ri
ght o
fre
spon
sib
le a
cces
s in
Sco
tlan
d. C
ore
pat
hs a
re to
be
iden
tifie
d in
eac
h lo
cal a
utho
rity
area
,p
rom
otin
g m
ore
wid
esp
read
and
func
tiona
l wal
king
, cyc
ling
and
ridin
g an
d th
ereb
ysu
pp
ortin
g im
pro
ved
leve
ls o
f phy
sica
l act
ivity
.
Th
e H
igh
lan
d C
ore
Pa
ths
Pla
n,
HC
(2
01
1) f
orm
s th
e b
asic
fram
ewor
k of
key
pat
hs th
atal
low
peo
ple
to e
njoy
and
get
aro
und
the
coun
trys
ide.
Thi
s fr
amew
ork
of ro
utes
will
link
to,
and
sup
por
t, w
ider
net
wor
ks o
f oth
er p
aths
. Cor
e Pa
ths
will
be
wel
l mai
ntai
ned
and
clea
rlysi
gnp
oste
d.
MA
TE
RIA
L A
SS
ET
S
The
Was
te D
irect
ive
requ
ires t
he p
lann
ing
syst
emto
pro
vide
pol
icie
s an
d si
tes
for w
aste
dis
pos
al.
The
Wa
ste
Dir
ect
ive
20
06
/12
/EC
and
20
08
/98
/EC
and
subs
eque
nt u
pdat
es, r
equi
re M
embe
rSt
ates
of t
he E
U to
:
The
SG s
houl
d p
rom
ote
the
was
te h
iera
rchy
of
pre
vent
ion,
redu
ctio
n, re
-use
and
recy
clin
g of
was
te.
esta
blis
h b
oth
a ne
twor
k of
dis
pos
al fa
cilit
ies
and
com
pet
ent a
utho
ritie
s w
ithre
spon
sib
ility
for i
ssui
ng w
aste
man
agem
ent a
utho
risat
ions
and
lice
nses
;en
sure
the
reco
very
of w
aste
or i
ts d
isp
osal
with
out e
ndan
gerin
g hu
man
hea
lth
and
the
envi
ronm
ent.
It s
houl
d hi
ghlig
ht th
e re
quire
men
t to
pro
vide
info
rmat
ion
on h
ow s
ite w
aste
will
be
deal
t with
,in
clud
ing
step
s th
at w
ould
be
take
n to
redu
ce,
re-u
se a
nd re
-cyc
le w
aste
s an
d ho
w a
ny re
sidu
alw
aste
s w
ill b
e di
spos
ed o
f.
The
revi
sed
Dire
ctiv
e 20
08/9
8/EC
set
s th
e b
asic
con
cep
ts a
nd d
efin
ition
s re
late
d to
was
tem
anag
emen
t and
lays
dow
n w
aste
man
agem
ent p
rinci
ple
s su
ch a
s th
e "p
ollu
ter p
ays
prin
cipl
e" a
nd th
e "w
aste
hie
rarc
hy",
whi
ch fa
vour
s pre
vent
ion
over
reus
e, re
cycl
ing,
reco
very
then
dis
pos
al, g
uidi
ng c
hoic
es a
bou
t was
te m
anag
emen
t op
tions
.
Sc
otl
an
d’s
Ze
ro W
ast
e P
lan
(2
01
0) s
ets
a ta
rget
of 7
0% re
cycl
ing
and
max
imum
5%
tola
ndfil
l by
2025
for a
ll Sc
otla
nd’s
was
te. I
ts m
issi
on is
to a
chie
ve a
zer
o w
aste
Sco
tlan
d, w
here
we
mak
e th
e m
ost e
ffic
ient
use
of r
esou
rces
by
min
imis
ing
Scot
land
’s d
eman
d on
prim
ary
reso
urce
s an
d re
cove
ry o
f res
ourc
es in
stea
d of
trea
ting
them
as
was
te.
The Highland Council Aquaculture Supplementary Guidance70
3 Context
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
OT
HE
R/C
RO
SS
SE
CT
OR
AL
PO
LIC
IES
The
SG s
houl
d b
e co
nsis
tent
with
the
pol
icy
asp
rese
nted
in th
e co
nsol
idat
ed p
olic
y do
cum
ent.
As
par
t of t
he c
omm
itmen
t to
pro
por
tiona
te a
nd p
ract
ical
pla
nnin
g p
olic
ies,
the
Scot
tish
Gov
ernm
ent h
as ra
tiona
lised
the
Scot
tish
Plan
ning
Pol
icy
and
Nat
iona
l Pla
nnin
g Po
licy
In p
artic
ular
, par
agra
phs
249
-253
pro
vide
the
pol
icy
bac
kgro
und
to A
quac
ultu
reG
uide
lines
into
a s
ingl
e st
atem
ent o
f nat
iona
l pla
nnin
g p
olic
y, S
co
ttis
h P
lan
nin
g P
oli
cy
(20
14
)
The
SG s
houl
d b
e co
mp
atib
le w
ith lo
cal
deve
lop
men
t pla
n p
olic
ies
and
its re
late
dH
igh
lan
d-w
ide
Lo
ca
l D
ev
elo
pm
en
t P
lan
and
rela
ted
loca
l pla
ns, s
upp
lem
enta
rygu
idan
ce/s
upp
lem
enta
ry p
lann
ing
guid
ance
. N
ote
the
Hw
LDP
is u
nder
revi
ew, a
long
sid
eal
l ass
ocia
ted
guid
ance
guid
ance
. A
s th
e H
wLD
P is
und
er re
view
, the
SG
will
be
upda
ted
as re
quire
d in
line
with
this
revi
ew
The
SG s
houl
d b
e co
mp
atib
le w
ith th
e st
ruct
ure
and
them
es o
f the
cor
por
ate
stra
tegi
c p
lan
and
cont
ribut
e to
war
ds a
chie
vem
ent o
f its
targ
ets
Hig
hla
nd
Co
un
cil
Sin
gle
Ou
tco
me
Ag
ree
me
nt
and
asso
ciat
ed g
uida
nce
Plan
ning
Circ
ular
1 a
nd re
late
d le
gisl
atio
n w
ill h
elp
info
rm th
e SG
Pla
nn
ing
Cir
cu
lar
1 2
00
7:
Pla
nn
ing
Co
ntr
ols
fo
r M
ari
ne
Fis
h F
arm
ing
was
issu
ed to
exp
lain
and
giv
e gu
idan
ce to
pla
nnin
g of
ficer
s, d
evel
oper
s, c
omm
uniti
es a
nd re
gula
tors
on
the
pro
visi
ons
cont
aine
d in
the
follo
win
g A
cts,
Reg
ulat
ions
and
Ord
er w
hich
per
tain
spec
ifica
lly to
mar
ine
fish
farm
ing
and
whi
ch c
ome
into
forc
e on
the
rele
vant
dat
es a
roun
dA
pril
200
7.
Wat
er E
nviro
nmen
t and
Wat
er S
ervi
ces
(Sco
tlan
d) A
ct 2
003
Plan
ning
etc
. (Sc
otla
nd) A
ct 2
006
Tow
n an
d C
ount
ry P
lann
ing
(Mar
ine
Fish
Far
min
g) (S
cotl
and)
Ord
er 2
007
Tow
n an
d C
ount
ry P
lann
ing
(Pre
scrib
ed D
ate)
(Sco
tlan
d) R
egul
atio
ns 2
007
Tow
n an
d C
ount
ry P
lann
ing
(Mar
ine
Fish
Far
min
g) (S
cotl
and)
Reg
ulat
ions
200
7
Aq
ua
cu
ltu
re a
nd
Fis
he
rie
s A
ct
20
13
71Aquaculture Supplementary Guidance The Highland Council
Context 3
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
Th
e W
ate
r E
nv
iro
nm
en
t (S
he
llfi
sh W
ate
r P
rote
cte
d A
rea
s: D
esi
gn
ati
on
) (S
cotl
an
d) O
rde
r
20
13
an
d l
oc
ati
on
ma
ps
Th
e W
ate
r E
nv
iro
nm
en
t (S
he
llfi
sh W
ate
r P
rote
cte
d A
rea
s: E
nv
iro
nm
en
tal
Ob
jec
tiv
es
etc
.) (
Sc
otl
an
d)
Re
gu
lati
on
s 2
01
3
Th
e S
cotl
an
d R
ive
r B
asi
n D
istr
ict
(Qu
ali
ty o
f S
he
llfi
sh W
ate
r P
rote
cte
d A
rea
s) (
Sco
tla
nd
)
Dir
ec
tio
ns
20
15
.
Prep
arat
ion
of A
quac
ultu
re S
upp
lem
enta
ryG
uida
nce
shou
ld b
e un
dert
aken
in c
onju
nctio
nD
eli
ve
rin
g P
lan
nin
g R
efo
rm f
or
Aq
ua
cu
ltu
re 2
(2
01
0)
sets
out
a s
hare
d in
tent
ion
toim
pro
ve th
e ex
istin
g To
wn
and
Cou
ntry
pla
nnin
g sy
stem
as i
t rel
ates
to a
quac
ultu
re. I
n te
rms
of D
evel
opm
ent P
lann
ing
the
shar
ed o
bje
ctiv
es fo
r a m
oder
nise
d aq
uacu
ltur
e p
lann
ing
syst
em a
re:
with
con
sult
atio
n w
ith a
ll re
leva
nt s
take
hold
ergr
oup
s
An
effe
ctiv
e pl
anni
ng sy
stem
and
wel
l-con
ceiv
ed d
evel
opm
ent p
ropo
sals
whi
ch in
crea
seth
e su
stai
nab
le e
cono
mic
gro
wth
of a
quac
ultu
re fo
r Sco
tlan
d;Th
e aq
uacu
ltur
e in
dust
ry e
ngag
es m
ore
fully
in D
evel
opm
ent P
lan
pre
par
atio
n;St
atut
ory
cons
ulte
es c
o-op
erat
e w
ith p
lann
ing
auth
oriti
es in
pre
par
ing
Dev
elop
men
tPl
ans;
and
The
new
gen
erat
ion
of D
evel
opm
ent P
lans
are
robu
st a
nd w
ell-i
nfor
med
and
giv
e aq
uacu
lture
deve
lop
ers
and
com
mun
ities
a g
reat
er d
egre
e of
cer
tain
ty.
The Highland Council Aquaculture Supplementary Guidance72
3 Context
Ho
w i
t a
ffe
cts
or
is a
ffe
cte
d b
y A
qu
ac
ult
ure
Su
pp
lem
en
tary
Gu
ida
nc
e (
the
SG
)E
nv
iro
nm
en
tal
req
uir
em
en
ts o
f P
PS
The
SG s
houl
d ex
pla
in th
e ro
les
of o
ther
auth
oriti
es in
term
s of
lice
nsin
g an
d co
nsen
ting
aqua
cult
ure.
It s
houl
d no
t dup
licat
e th
e ro
les
ofot
her a
utho
ritie
s
Th
e A
qu
ac
ult
ure
Wo
rkin
g A
rra
ng
em
en
ts s
ets
out t
he re
spon
sib
ilitie
s of
org
anis
atio
nsw
ith a
form
al ro
le in
aqu
acul
ture
dev
elop
men
t, in
clud
ing
how
they
will
con
sult
eac
h ot
her
and
how
info
rmat
ion
will
be
shar
ed
The
SG s
houl
d in
clud
e re
fere
nce
to T
he R
enew
edFr
amew
ork
for S
cott
ish
Aqu
acul
ture
A F
resh
Sta
rt:
Th
e R
en
ew
ed
Str
ate
gic
Fra
me
wo
rk f
or
Sc
ott
ish
Aq
ua
cu
ltu
re (
20
09
) se
tsou
t its
vis
ion
for t
he a
quac
ultu
re in
dust
ry in
Sco
tlan
d an
d de
scrib
es th
e ec
onom
ic,
envi
ronm
enta
l, so
cial
and
ste
war
dshi
p a
spec
ts o
f the
ove
rarc
hing
prin
cip
le o
f sus
tain
abili
tyto
whi
ch it
had
rega
rd in
dev
elop
ing
the
docu
men
t
The
SG s
houl
d in
clud
e re
fere
nce
to th
e C
ode
ofG
ood
Prac
tice
A C
od
e o
f G
oo
d P
rac
tic
e f
or
Sc
ott
ish
Fin
fish
Aq
ua
cu
ltu
re w
as p
rodu
ced
in re
spon
se to
the
reco
mm
enda
tions
of t
he S
trat
egic
Fra
mew
ork
for S
cott
ish
Aqu
acul
ture
(200
3). S
ince
its
imp
lem
enta
tion
in 2
006,
the
CoG
P ha
s b
een
wid
ely
adop
ted
as a
n in
dust
ry p
rodu
ctio
nst
anda
rd in
Sco
tlan
d
73Aquaculture Supplementary Guidance The Highland Council
Context 3
3.23 Key points arising from this analysis are that Aquaculture Supplementary Guidance shouldprovide planning guidance which contributes to ensuring that new and modified aquaculturedevelopment in Highland is sustainable. The SG should enable the effective protection of:
Landscape and visual amenity;The historic environment;Biodiversity;The water environment;Other users of the marine environment;Environmental issues arising from operational considerations.
3.24 The draft environmental report has been drafted and modified in light of comments receivedfrom colleagues within the Council and from the consultation authorities. These include suggestionsfor additional baseline data, minor alterations to the headings or placement of issues and referencerequired for additional PPS. Where reference was required to data not yet published or finalised,this will be checked for availability for the final documents. The final supplementary guidance andEnvironmental Report will reflect the changes made throughout the SEA process.
Relevant aspects of the current state of the environment – Environmental
Baseline
3.25 Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires that theEnvironmental Report includes a description of “the relevant aspects of the current state of theenvironment and the likely evolution thereof without implementation of the plan or programme”,and “the environmental characteristics of areas likely to be significantly affected”. This sectionaims to describe the environmental context within which the PPS operates and the constraintsand targets that this context imposes on the PPS. Table 9 summarises the data collected and thesource.
The Highland Council Aquaculture Supplementary Guidance74
3 Context
Ta
ble
9 D
ata
wh
ich
wa
s c
oll
ate
d i
n o
rde
r to
est
ab
lish
an
En
vir
on
me
nta
l B
ase
lin
e
So
urc
e o
f D
ata
Da
ta R
eq
uir
ed
SE
A I
ssu
e
ww
w.s
nh.o
rg.u
k an
d ht
tps:
//ga
tew
ay.s
nh.g
ov.u
k/si
telin
k/In
tern
atio
nal a
nd n
atio
nal
desi
gnat
ions
Biod
iver
sity
ww
w.h
ighl
and.
gov.
uk
http
://w
ww
.gov
.sco
t/To
pic
s/m
arin
e/m
arin
e-en
viro
nmen
t/m
pan
etw
ork
MPA
s
http
://w
ww
.snh
.gov
.uk/
pro
tect
ing-
scot
land
s-na
ture
/prio
rity-
mar
ine-
feat
ures
/p
riorit
y-m
arin
e-fe
atur
es/
Prio
rity
Mar
ine
Feat
ures
inH
ighl
and
wat
ers
http
://w
ww
.gov
.sco
t/To
pic
s/m
arin
e/m
arin
e-en
viro
nmen
t/sp
ecie
s/19
887/
2081
4/ha
ulou
tsD
esig
nate
d se
al h
aul-o
uts
http
://w
ww
.gov
.sco
t/To
pic
s/m
arin
e/m
arin
e-en
viro
nmen
t/sp
ecie
s/19
887/
2081
4/se
alco
nare
asSe
al c
onse
rvat
ion
area
s
SNH
Com
mis
sion
ed R
epor
t 419
: Ab
unda
nce
and
beh
avio
ur o
f cet
acea
ns a
nd b
aski
ng s
hark
s in
the
Pent
land
Firt
h an
d O
rkne
y W
ater
s ht
tp://
ww
w.s
nh.g
ov.u
k/p
ublic
atio
ns-d
ata-
andr
esea
rch/
Cet
acea
n ro
utes
pub
licat
ions
/sea
rch-
the-
cata
logu
e/p
ublic
atio
ndet
ail/
?
id=
1875
Mar
ine
Scot
land
(out
com
e of
con
sult
atio
n –
see
http
://w
ww
.sco
tlan
d.go
v.uk
/Res
ourc
e/D
oc/3
4721
0/01
1557
1.p
df
http
://w
ww
.gov
.sco
t/Pu
blic
atio
ns/2
013/
07/9
185/
9W
ild s
alm
on ri
vers
75Aquaculture Supplementary Guidance The Highland Council
Context 3
So
urc
e o
f D
ata
Da
ta R
eq
uir
ed
SE
A I
ssu
e
Scot
land
’s M
arin
e A
tlas
Gen
eral
mar
ine
bio
dive
rsity
info
rmat
ion
http
://w
ww
.gov
.sco
t/To
pic
s/m
arin
e/sc
ienc
e/at
las
Mar
LIN
: htt
p://
ww
w.m
arlin
.ac.
uk/b
acs.
php
NM
Pi: h
ttp
s://
mar
ines
cotl
and.
atki
nsge
osp
atia
l.com
/nm
pi/
SEPA
web
site
ww
w.s
epa.
org.
uk &
link
s th
erei
nW
ater
cla
ssifi
catio
ns &
wat
erqu
ality
Wat
er
Scot
tish
Gov
ernm
ent L
ocat
iona
l Gui
delin
es fo
r the
Aut
horis
atio
n of
Mar
ine
Fish
Far
ms
in S
cott
ish
Wat
ers
http
://w
ww
.sco
tlan
d.go
v.uk
/Top
ics/
mar
ine/
scie
nce/
Pub
licat
ions
/pub
licat
ions
late
st/f
arm
edfis
h/lo
catio
nalfi
shfa
rms
Loca
tiona
l gui
delin
es –
Cat
egor
y 3
area
s
http
://w
ww
.sco
tlan
d.go
v.uk
/Top
ics/
Envi
ronm
ent/
Wat
er/1
5561
/Sh
ellfi
shW
ater
sSh
ellfi
sh W
ater
Pro
tect
edA
reas
Scot
land
’s e
nviro
nmen
t web
site
ww
w.e
nviro
nmen
t.sco
tlan
d.go
v.uk
Use
ful b
ackg
roun
din
form
atio
n of
rele
vanc
e to
aqua
cult
ure
SNH
web
site
htt
p://
ww
w.s
nh.g
ov.u
k/p
rote
ctin
g-sc
otla
nds-
natu
re/
pro
tect
ed-a
reas
/nat
iona
l-des
igna
tions
/nsa
/N
atio
nal S
ceni
c A
reas
Land
scap
e
http
://w
ww
.hig
hlan
d.go
v.uk
/inf
o/17
8/lo
cal_
and_
stat
utor
y_de
velo
pm
ent_
pla
ns/2
13/
sup
ple
men
tary
_gui
danc
e_fo
r_p
lann
ing/
13Sp
ecia
l Lan
dsca
pe
Are
as
http
://da
ta.h
isto
ric-s
cotl
and.
gov.
uk/p
ls/h
tmid
b/f
?p=
2000
:10:
0Sc
hedu
led
Mon
umen
tsC
ultu
ral
herit
age
The Highland Council Aquaculture Supplementary Guidance76
3 Context
So
urc
e o
f D
ata
Da
ta R
eq
uir
ed
SE
A I
ssu
e
http
://he
r.hig
hlan
d.go
v.uk
/G
arde
ns a
nd d
esig
ned
land
scap
es
http
://hi
stor
ic-s
cotl
and.
gov.
uk/i
ndex
/her
itage
/wre
cksi
tes/
mar
ine.
htm
List
ed b
uild
ings
http
://hi
stor
ic-s
cotl
and.
gov.
uk/i
ndex
/her
itage
/pol
icy/
pla
nnin
g-p
olic
y-an
d-le
gisl
atio
n.ht
mC
onse
rvat
ion
Are
as
http
://w
ww
.his
toric
-sco
tlan
d.go
v.uk
/ind
ex/h
erita
ge/
wre
cksi
tes/
scot
land
s-hi
stor
ic-w
reck
s.ht
mPr
otec
ted
wre
cks
(war
grav
es)
Roya
l Com
mis
sion
on
Anc
ient
and
His
toric
Mon
umen
ts w
ww
.rcah
ms.
gov.
ukH
isto
ric M
arin
e Pr
otec
ted
Are
as
Hig
hlan
d C
ounc
il H
isto
ric E
nviro
nmen
t Tea
mH
isto
ric M
PAs
Adm
iralt
y ch
arts
Und
esig
nate
d/un
know
nm
arin
e/co
asta
l arc
haeo
logy
or la
nd-b
ased
des
igna
ted
hist
oric
ass
ets
for
fres
hwat
er/l
and-
bas
edaq
uacu
ltur
e de
velo
pm
ent
http
://w
ww
.hig
hlan
d.go
v.uk
/inf
o/14
57/t
ouris
m_a
nd_v
isito
r_at
trac
tions
/163
/pat
hs_i
n_th
e_hi
ghla
nds
Cor
e Pa
ths
Plan
Pop
ulat
ion
ww
w.s
nh.g
ov.u
k/do
cs/B
7207
65.p
dfN
atur
e to
uris
m
http
://w
ww
.hie
.co.
uk/g
row
th-s
ecto
rs/t
ouris
m/o
verv
iew
.htm
lTo
uris
m
Cro
wn
Esta
te h
ttp
://w
ww
.thec
row
nest
ate.
co.u
k/m
arin
e/A
reas
leas
ed fo
r aqu
acul
ture
deve
lop
men
tM
ater
ial
asse
ts
77Aquaculture Supplementary Guidance The Highland Council
Context 3
So
urc
e o
f D
ata
Da
ta R
eq
uir
ed
SE
A I
ssu
e
Are
as le
ased
for m
arin
ere
new
able
ene
rgy
deve
lop
men
t
Adm
iralt
y ch
arts
Nav
igat
ion
rout
es
Reco
gnis
ed a
ncho
rage
s
Spor
t div
ing
site
s
ww
w.s
epa.
org
and
refe
renc
es th
erei
nC
umul
ativ
e &
cro
ss-c
uttin
gis
sues
Cro
ss-c
uttin
g
ww
w.s
nh.o
rg a
nd re
fere
nces
ther
ein
The Highland Council Aquaculture Supplementary Guidance78
3 Context
3.26 The following paragraphs describe the area of Aquaculture Supplementary Guidance.
Biodiversity
Designated sites
3.27 Highland has a rich and varied natural heritage which includes international, national andlocal sites as well as the wider biodiversity. Internationally protected sites include Special ProtectionAreas (SPA) and Special Areas for Conservation (SAC), designated under the EC Birds and HabitatsDirectives as part of the EU Natura 2000 network. These sites are strictly protected; a similar levelof protection is also afforded in the UK to wetland sites, known as Ramsar sites, which are designatedas internationally important under the 1971 Convention on Wetlands. These are shown in Map 4in the supplementary guidance.
Area Covered (ha)Number of SitesDesignation
141797.9361Site of Special Scientific Interest
151.347.291Special Area of Conservation
13102385.751Special Protection Area
134206.723National Nature Reserve
3114.5171Site of Local nature Conservation Importance
55.281Local Nature Reserve
167876.713Ramsar
3.28 In addition, there are six Nature Conservation Marine Protected Areas: East Caithness Cliffs,Noss Head, Wester Ross, Lochs Duich, Long and Alsh, Loch Sunart and the Small Isles. MarineScotland has now identified Nature Conservation MPAs in Scotland to either protect a range ofbiodiversity or geodiversity features in their current state for the future, or to allow them to recoverto the state in which they should be in order to remain healthy and productive.
3.29 Nationally protected sites are the Sites of Special Scientific Interest (SSSI). The boundariesof SSSIs do not extend below Mean Low Water Springs, nonetheless there is potential for aquaculturedevelopment to have an effect upon the qualifying interests of sites either directly or indirectly,e.g. where these qualifying interests include seals or certain bird species.
3.30 Special Landscape Areas have been identified as being of local importance to wildlife orexhibiting features of local natural heritage interest. Although these are predominantly in terrestriallocations, a number are in the intertidal area. Wild Land Areas have been identified at nationallevel, but are not a statutory designation. These areas are shown in Map5 of the supplementaryguidance.
3.31 SNH has undertaken reviews of a large number of marine habitats and species in order toidentify those it considers to be of greatest marine nature conservation importance in Scottishterritorial waters; these are termed Priority Marine Features (PMFs). Information can be accessed
79Aquaculture Supplementary Guidance The Highland Council
Context 3
from the SNH website athttp://www.snh.gov.uk/protecting-scotlands-nature/priority-marine-features/priority-marine-features/.
3.32 Many of the proposed PMFs are already included in the Scottish Biodiversity List which wascompiled to help public bodies carry out their Biodiversity Duty, by identifying the species andhabitats which are the highest priority for biodiversity conservation in Scotland. Further informationon the Biodiversity List is available from the SNH website athttp://www.snh.gov.uk/protecting-scotlands-nature/biodiversity-scotland/scottish-biodiversity-list/
Protected species
3.33 The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) enact the provisionsof the Habitats Directive. Schedule 2 of the Regulations identifies European Protected Species (EPS)which are afforded the highest level of legal protection available under European and UK legislation.EPS which may be found in the marine environment of Highland and are of relevance to aquacultureinclude European otter, any cetacean species and any marine turtle species. Information on thedistribution of Priority Marine Features in Highland waters is available in Scotland’s Marine Atlaswhich may be accessed at http://www.scotland.gov.uk/Publications/2011/03/16182005/0. Specieswhich depend on other species for part of the their life cycle also require consideration, e.g. theFreshwater Pearl Mussel.
3.34 SNH Commissioned Report 419: Abundance and behaviour of cetaceans and basking sharksin the Pentland Firth and Orkney Waters provides further information on the distribution of cetaceanspecies and may be accessed athttp://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id+1875.
3.35 Highland’s marine environment supports many other species and habitats that are legallyprotected. A list of species that are protected in Scotland, along with information on the legislationwhich gives protection, can be accessed from the Scottish Natural Heritage website athttp://www.snh.gov.uk/docs/A306244.pdf.
3.36 Stocked cages attract wild predators, which may include seals and certain bird species, andfor this reason information of their distribution is an important factor in the selection of newaquaculture sites.
Seals
3.37 The Marine (Scotland) Act 2010 provides for improved protection of seals by making it anoffence to kill or take seals at any time. The Act allows exceptions only under specific licence or foranimal welfare and introduces a new offence of harassment of seals at listed haul-out sites (ScottishGovernment, 2011). Details of designated haul-out sites on the coastlines of Highland may beaccessed at http://www.gov.scot/Topics/marine/marine-environment/species/19887/20814/mapsFurther information on seals and licensing is available from the Scottish Government website athttp://www.gov.scot/Topics/marine/Licensing/SealLicensing.
The Highland Council Aquaculture Supplementary Guidance80
3 Context
Fish and shellfish-eating birds
3.38 A number of fish and shellfish-eating bird species, including cormorant and eider, are foundaround the coasts of Highland. Information on the locations of regionally important colonies oraggregations of these and other fish-eating bird species may be found athttp://jncc.defra.gov.uk/page-4460. Additional information is also available from the local RSPBoffice.
3.39 The Highland Local Biodiversity Action Plan (Consultative Draft)http://www.highlandbiodiversity.com/highland-bap.asp and the various Local Biodiversity ActionPlans provide descriptions and other useful information on selected priority marine habitats andwider coastal wildlife issues. Lists of priority species and habitats which appear on the UKBiodiversity Action Plan list and/or the Scottish Biodiversity List can be found here:http://jncc.defra.gov.uk/page-5717;http://www.biodiversityscotland.gov.uk/advice-and-resources/scottish-biodiversity-list/ .
Marine Mammals
3.40 The Highland waters are rich in protected marine mammal species. The Highland-wide‘Wild Coastal Trail’ provides information on the variety of cetaceans and seals:http://www.highland.gov.uk/downloads/file/1016/wild_coastal_trail_-_highland . As some Highlandwaters are used as migratory routes, nursery areas and/or key feeding sites, these may need to beconsidered for some aquaculture proposals.
Wild Salmonids
3.41 The sea trout (Salmo trutta) and the salmon (Salmo salar) are listed as a Priority MarineFeatures. These salmonids are vulnerable to infection by sea lice, in particular the salmonid-specificLepeophtheirus salmonis. Studies have demonstrated a spatial link between fin fish farming andincreased levels of sea lice infection in wild salmonid species. Recognising the increased vulnerabilityof juvenile sea trout and salmon as they enter the marine environment from spawning burns, theSG should ensure these species are given appropriate protection. Work is underway by MarineScotland on spatial planning for aquaculture that may help provide further information once thedata are available.
Water
3.42 All aquaculture developments rely on high water quality and a degree of tidal flushing. Ininshore marine locations it is important to select sites with good water exchange characteristicswhere tidal currents can disperse waste materials, maintaining well-oxygenated water conditionsand, in the case of shellfish cultivation, providing adequate supplies of planktonic food organisms.
3.43 Cage sites may impact upon the seabed, for example by smothering with carbon fromwaste feed and faecal material and through chemical toxicity, for instance due to deposition ofsealice therapeutants and antifoulant agents from nets. The inputs from shellfish farms to the watercolumn are usually minimal as shellfish feed on marine plankton and no additional feed is required.However, where very large scale shellfish farms are proposed, water column and benthic (seabed)impacts may need to be considered.
81Aquaculture Supplementary Guidance The Highland Council
Context 3
3.44 In order to achieve improvements to water quality, the Water Framework Directive(1) requiresmember states to identify River Basin Districts and to establish River Basin Management Plans.Most of Scotland is within the Scotland river basin district, which is covered by the Scotland RiverBasin Management Plan (RBMP). The objectives of the RBMP are implemented at the regional levelthrough Area Management Plans. A key objective of the Scotland RBMP and the various areamanagement plans covering Highlandhttp://www.sepa.org.uk/water/river_basin_planning/area_advisory_groups.aspx is that waterbodies achieve a standard known as good ecological status, and that there is no deterioration incurrent status. Coastal waters in and around Highland are generally classified as being at eithergood or high ecological status(2). Additional sources of data are listed in Table 3.
3.45 Marine Scotland’s “Locational Guidelines for the Authorisation of Marine Fish Farms inScottish Waters” categorise sea lochs, voes and embayments into 3 Categories based on predictionsof the impacts from the existing scale of development. Models predicting the nutrient enhancementof the water column and the proportion of sea bed likely to be degraded are used to identify areasmore likely to be able to support additional farmed fish biomass. Currently, no further increases inmaximum biomass are permitted in Category 1 areas. Increases are more likely to be permitted inCategory 2 and 3 areas (subject to site specific assessment through EIA and CAR). Whilst most ofthe enclosed loch systems in Highland have been categorised, the remainder of Highland watershave not been.
3.46 Shellfish growing waters are regulated by European legislation through the EC WaterFramework Directive3 and integrated into the wider River Basin Management framework, whichsupports shellfish life and growth. It contributes to the high quality of edible shellfish productsand protects Shellfish Water Protected Areas against pollution and, where necessary, establishprogrammes to reduce pollution. There are numerous areas in Highland designated as ShellfishWater Protected Areas (see Map 3 in the accompanying Aquaculture Supplementary Guidance). In addition, there are various Shellfish Harvesting Classifications in Highlandhttps://www.food.gov.uk/scotland/safetyhygienescot/shellmonitorscot/shellclassesscot/shell-class-scot-1415 .
Landscape
3.47 Given the vast geographic area of Highland, it has extensive and varied coastlines andfeatures a wide range of landscapes and seascapes, each with its own capacity to accommodatenew development. Five Landscape Character Assessments were done by SNH in the 1980s’http://www.snh.gov.uk/protecting-scotlands-nature/looking-after-landscapes/lca/ ; these arecurrently under review.
3.48 Scotland’s National Scenic Areas (NSA) are areas which are considered to be of nationalsignificance on the basis of their outstanding scenic interest, and which must be conserved as partof the country’s natural heritage. Unsurprisingly, there are numerous NSAs in Highland, coveringall three coasts, with a variety of special qualities. In particular, large areas of the west coast andthe small isles are designated for their outstanding scenic value; details can be accessed from theScottish Natural Heritage website at http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/national-designations/nsa/special-qualities/ .
1 Water Framework Directive 2000/60/EC2 North Highland Area Management Plan; West Highland Area Management Plan
The Highland Council Aquaculture Supplementary Guidance82
3 Context
3.49 Special Landscape Areas (SLA) are non-statutory but may be designated in order to protect,enhance and encourage the enjoyment and understanding of locally/regionally importantlandscapes. The Highland wide Local Development Plan (HwLDP) includes protection for 27 SLAs;many of which have a coastal element. Citations have been prepared for each one:http://www.highland.gov.uk/downloads/file/2937/assessment_of_highland_special_landscape_areas . The HwLDP is currently under review and will include consideration of Wild Land Areasand areas of unspoilt coast to ensure these are also appropriately safeguarded.
Cultural heritage
3.50 Highland has a rich and diverse cultural heritage, much of which has a close associationwith the coastal and marine environments. Many of the Highland Scheduled Monuments have acoastal setting and these include a number of sites which are popular tourist attractions. Theremains of many ship wrecks are located in the marine environment around Highland’s extensivecoastlines. Further information on unscheduled archaeology, wrecks and underwater sites isavailable from Highland Council’s own historic environment team (http://her.highland.gov.uk/).The Interim Supplementary Planning Guidance: Highland Historic Environment Strategy providesmore detailed guidance on the variety of cultural assets of the area. In addition, the RoyalCommission on Ancient and Historic Monuments (www.rcahms.gov.uk) and Historic Scotland’sData Services Website (http://data.historic- scotland.gov.uk/pls/htmldb/f?p=2000:10:0) providedata on nationally designated heritage assets.
3.51 Conservation Areas, Listed Buildings Historic and gardens and designed landscapes willnot normally be affected directly by aquaculture development but their setting may be impactedif the buildings or conservation area have a coastal position. Listed buildings can also be found inlocations outside Conservation Areas and many have a coastal setting which may be affected byaquaculture development.
3.52 The Marine (Scotland) Act 2010 has established a new power for Marine Protected Areas(MPAs) in the seas around Scotland, to recognise features of national importance and to meetinternational commitments for developing a network of MPAs.
3.53 The Act allows for three different types of MPAs to be set up:
Nature Conservation MPAsDemonstration and Research MPAsHistoric MPAs
3.54 Historic Scotland has been working with Marine Scotland, Scottish Natural Heritage, andthe Joint Nature Conservation Committee on the Scottish Marine Protected Areas Project, to makerecommendations to Scottish Ministers to development of a network of MPAs in the seas aroundScotland. These currently include four Historic MPAs in Highland, designated to protect vesselswrecked around 1590-1690. As the area of seabed protected is relatively small, these MPAs areunlikely to have a significant impact on aquaculture and vice versa, but any development wouldbe considered on a case-by-case basis.
Population
3.55 The population of Highland is approximately 232,950 (figures for mid 2013)(http://www.highland.gov.uk/info/695/council_information_performance_and_statistics/
83Aquaculture Supplementary Guidance The Highland Council
Context 3
165/highland_profile_-_key_facts_and_figures/2). Highland generally has an older populationprofile than that of Scotland with a slightly higher percentage of children, but higher proportionsin all the age groups above 45 years. Highland Council serve a third of the land area of Scotlandincluding the most remote and sparsely populated parts of the United Kingdom. The total landarea including all islands at low water is 26,484 square kilometres. This is 33 per cent of Scotlandand 11.4 per cent of Great Britain and nearly the size of Belgium.
3.56 The length of coastline including islands at low water is 4,905 kilometres, 21 per cent ofthe Scottish total, and excluding islands is 1,900 kilometres (49 per cent of Scotland). Highland’scoastlines and marine environment are important in terms of their amenity and recreational value.Its many sandy beaches are enjoyed by people of all ages and the extensive network of core pathsincludes a number of recognised coastal walks, guided by Highland Council’s virtual ranger, Cameron(see wild coastal trails: http://www.highland.gov.uk/downloads/download/171/wild_coastal_trail). The coastal and marine environment is also extensively used by a range of formal recreationgroups for activities which include sport diving, surfing, sailing, sea angling and canoeing/kayaking. Further information on the Highland Core Paths Plan, as well as a full set of maps may be accessedfrom the Council’s website at http://www.highland.gov.uk/info/1457/tourism_and_visitor_attractions/163/paths_in_the_highlands .
Material assets
3.57 The Highland area has a wide range of port and harbours facilities, safe anchorages andcoastal industrial estates. Development of the marine renewable energy industry, including theMarine Energy Park and related infrastructure, is also gaining momentum, with areas leased fordevelopment, mainly on the north and east Highland coasts. Other commercial users of Highlandwaters include the local inshore fishing industry, shipping and ferries, cruise ships, defence, tourismand recreation. These are governed by a variety of consents, permits and leases as appropriate. Baseline data gathered to develop the HwLDP provides information on the variety of materialassetshttp://www.highland.gov.uk/download/downloads/id/2926/appendix_2_baseline_data_and_maps&rct=j&frm=1&q=&esrc=s&sa=U&ei=eo_kVNTuDIHxaJS-gYAO&ved=0CC0QFjAE&usg=AFQjCNFlYWTRjXhutPvP_izD_s2bTUqvrg .
3.58 The aquaculture industry in Highland is well established with many areas currently leasedfor development. Indicative Map 2 in the Aquaculture Supplementary Guidance shows the locationsof areas of seabed that are currently leased for aquaculture.
Waste
3.59 In line with the waste hierarchy, developers are encouraged to reduce, re-use and recyclewaste with disposal as a final option. Historically there have been waste issues associated with theaquaculture industry in Highland e.g. in the form of seabed and coastal debris from discardedaquaculture equipment.
Data gaps
3.60 The following summarises the likely gaps and/or unreliability of the SEA baseline data, andhow they were minimised:
The Highland Council Aquaculture Supplementary Guidance84
3 Context
3.61 Although it is understood and agreed that fin fish farming has an effect on sea trout interms of the transmission of sea lice and their larvae, the extent of this effect on sea trout atpopulation level remains unclear. Given the continued ban on fin fish farming on the north andeast coast and the need to treat farmed salmon, it is likely there are similar sea lice effects on wildsalmon. Work is underway by Marine Scotland on spatial planning for aquaculture that may helpprovide further information once the data are available. In the meantime, any impacts will beassessed on a case-by-case basis.
Environmental problems
3.62 Schedule 3 paragraph 4 of the Environmental Assessment (Scotland) Act 2005 requires thatthe Environmental Report includes a description of existing environmental problems, in particularthose relating to any areas of particular environmental importance. The purpose of this section isto explain how existing environmental problems will affect or be affected by AquacultureSupplementary Guidance, and whether the PPS is likely to aggravate, reduce or otherwise affectexisting environmental problems. These environmental problems are summarised in Table 10.
85Aquaculture Supplementary Guidance The Highland Council
Context 3
Ta
ble
10
En
vir
on
me
nta
l p
rob
lem
s re
lev
an
t to
Aq
ua
cu
ltu
re S
up
ple
me
nta
ry G
uid
an
ce
Imp
lic
ati
on
s fo
r S
G A
qu
ac
ult
ure
Lo
ca
l E
nv
iro
nm
en
tal
Issu
es
SE
A T
op
ic
Scot
tish
Plan
ning
Pol
icy
requ
ires
Dev
elop
men
t Pla
ns to
iden
tify
area
s w
hich
are
pot
entia
lly s
uita
ble
for n
ew o
rm
odifi
ed fi
sh fa
rm d
evel
opm
ent a
nd s
ensi
tive
area
s e.
g.SA
Cs,
MPA
s, w
hich
are
unl
ikel
y to
be
app
rop
riate
for s
uch
deve
lop
men
t unl
ess
adve
rse
imp
acts
can
be
miti
gate
d.
Whe
n de
sign
atin
g p
oten
tial d
evel
opm
ent a
reas
and
sens
itive
are
as, S
PP re
quire
s D
evel
opm
ent P
lans
to ta
kein
to a
ccou
nt n
atur
al h
erita
ge in
tere
sts.
Thi
s m
ay b
e do
neb
y p
rovi
ding
info
rmat
ion
spat
ially
on
the
exte
nt a
nd/o
rdi
strib
utio
n of
des
igna
ted
site
s, p
riorit
y ha
bita
ts a
ndp
rote
cted
sp
ecie
s.
As
a p
ublic
bod
y th
e p
lann
ing
auth
ority
has
a d
uty
unde
rth
e N
atur
e C
onse
rvat
ion
(Sco
tlan
d) A
ct 2
004
‘ in e
xerc
isin
gan
y fu
nctio
ns to
furt
her t
he c
onse
rvat
ion
of b
iodi
vers
ity so
far a
s is
con
sist
ent w
ith th
e pr
oper
exe
rcis
e of
thos
efu
nctio
ns’.
Wild
pre
dato
rs, i
nclu
ding
sea
ls, o
tter
s an
d ce
rtai
n b
ird s
pec
ies,
may
be
attr
acte
d to
sto
cked
fish
cag
es a
nd s
hellf
ish
site
s, a
nd th
ere
isp
oten
tial f
or s
ites
to s
usta
in c
onsi
dera
ble
loss
es. C
erta
in m
easu
res
to d
eter
pre
dato
rs m
ay p
rove
eff
ectiv
e in
pre
vent
ing
loss
of s
tock
but
at t
he s
ame
time
carr
y an
una
ccep
tab
le le
vel o
f ris
k to
mar
ine
bird
s an
d m
amm
als.
Inap
pro
pria
tely
des
igne
d an
d de
plo
yed
anti
pre
dato
r met
hods
pos
e a
risk
of in
cide
ntal
ent
angl
emen
t to
bot
hse
als
and
othe
r sp
ecie
s su
ch a
s di
ving
bird
s.
Ther
e m
ay b
e po
tent
ial f
or a
dver
se e
ffec
ts o
n th
e qu
alify
ing
inte
rest
sof
des
igna
ted
site
s an
d p
rote
cted
sp
ecie
s.
Ant
i-pre
dato
r met
hods
are
not
alw
ays
effe
ctiv
e ag
ains
t per
sist
ent
pre
datio
n an
d th
e sh
ootin
g of
seal
s may
be
cons
ider
ed a
s a m
easu
reof
last
reso
rt fo
r a fi
n fis
h si
te.
Bio
div
ers
ity
Cer
tain
ben
thic
hab
itats
are
vul
nera
ble
to th
e ef
fect
s of a
quac
ultu
re,
whi
ch in
clud
e se
dim
ent d
epos
ition
and
nut
rient
enr
ichm
ent.
Exam
ple
s are
mae
rl b
eds,
hor
se m
usse
l bed
s and
seag
rass
mea
dow
sal
l of w
hich
are
Prio
rity
Mar
ine
Feat
ures
.
Cag
e si
tes m
ay im
pac
t up
on th
e se
abed
, for
exa
mp
le b
y sm
othe
ring
with
car
bon
from
was
te fe
ed a
nd fa
ecal
mat
eria
l and
by
chem
ical
toxi
city
, thr
ough
the
use
of s
ealic
e m
edic
ines
.
Ther
e is
pot
entia
l for
the
aqua
cult
ure
indu
stry
to im
pac
t up
on w
ildsa
lmon
ids
and
the
maj
or a
reas
for c
onsi
dera
tion
are
the
pot
entia
lfo
r:
The Highland Council Aquaculture Supplementary Guidance86
3 Context
Imp
lic
ati
on
s fo
r S
G A
qu
ac
ult
ure
Lo
ca
l E
nv
iro
nm
en
tal
Issu
es
SE
A T
op
ic
imp
acts
of p
aras
ites
(sea
lice
) and
dis
ease
on
wild
fish
resu
ltin
gfr
om th
e p
rese
nce
of fi
sh fa
rms;
disr
uptio
n of
gen
etic
inte
grity
and
loca
l ada
pta
tions
of w
ildst
ocks
aris
ing
from
int
erb
reed
ing
with
esc
apee
s fr
om s
alm
onfa
rms;
intr
oduc
tion
of n
on-n
ativ
e fa
rmed
sp
ecie
s.
Ther
e is
evi
denc
e of
an
effe
ct o
f sea
lice
( Lep
eoph
thei
rus
salm
onis
)fr
om fi
sh fa
rms
on w
ild s
ea tr
out,
alth
ough
the
exte
nt to
whi
ch th
efis
h p
opul
atio
ns a
re a
ffec
ted
is n
ot c
lear
.
The
sea
trou
t (Sa
lmo
trut
ta) a
nd th
e sa
lmon
(Sal
mo
sala
r) a
re P
riorit
yM
arin
e Fe
atur
es, w
hich
repr
esen
ts th
ose
mar
ine
spec
ies a
nd h
abita
tsth
at a
re c
onsi
dere
d to
be
of g
reat
est m
arin
e na
ture
con
serv
atio
nim
por
tanc
e in
Sco
ttis
h te
rrito
rial w
ater
s.
Non
nat
ive
spec
ies
may
pos
e an
incr
easi
ng th
reat
to a
quac
ultu
re a
sth
e cl
imat
e w
arm
s and
spec
ies e
xpan
d/co
ntra
ct fr
om th
eir p
revi
ous
rang
es.
The
Cou
ncil
has a
dut
y as
a re
spon
sib
le a
utho
rity
unde
r the
Wat
er F
ram
ewor
k D
irect
ive
to p
rote
ct a
nd, w
here
pos
sib
leim
pro
ve H
ighl
and’
s w
ater
env
ironm
ent.
Ther
e is
pot
entia
l for
adv
erse
eff
ects
on
the
wat
er e
nviro
nmen
t, in
term
s of
its
chem
ical
and
bio
logi
cal q
ualit
y.W
ate
r
Whe
n de
sign
atin
g p
oten
tial d
evel
opm
ent a
reas
and
sens
itive
are
as, t
he S
G s
houl
d ta
ke in
to a
ccou
nt c
arry
ing
cap
acity
in te
rms
of th
e Sc
ottis
h G
over
nmen
t’s L
ocat
iona
lG
uide
lines
for t
he A
utho
risat
ion
of M
arin
e Fi
sh F
arm
s in
Scot
tish
Wat
er, a
s w
ell a
s re
gula
tory
con
trol
led
area
s su
chas
She
llfis
h W
ater
Pro
tect
ed A
reas
.
87Aquaculture Supplementary Guidance The Highland Council
Context 3
Imp
lic
ati
on
s fo
r S
G A
qu
ac
ult
ure
Lo
ca
l E
nv
iro
nm
en
tal
Issu
es
SE
A T
op
ic
How
ever
, the
pla
nnin
g sy
stem
sho
uld
not d
uplic
ate
othe
rco
ntro
l reg
imes
suc
h as
Con
trol
led
Act
iviti
es R
egul
atio
n(C
AR)
lice
nces
from
SEP
A
Whe
n de
sign
atin
g p
oten
tial d
evel
opm
ent a
reas
and
sens
itive
are
as, t
he S
G s
houl
d ta
ke in
to a
ccou
nt la
ndsc
ape
inte
rest
s, in
clud
ing
unsp
oilt
coa
st a
nd w
ild la
nd.
Hig
hlan
d is
val
ued
for i
ts st
unni
ng la
ndsc
apes
and
seas
cap
es, w
hich
draw
s, a
mon
g ot
hers
, a v
arie
ty o
f tou
rists
. Poo
rly si
ted
and
desi
gned
aqua
cult
ure
deve
lop
men
t can
hav
e an
adv
erse
imp
act o
n th
ela
ndsc
ape
and
visu
al a
men
ity o
f an
area
.
La
nd
sca
pe
The
SG s
houl
d p
rovi
de a
dvic
e on
how
the
desi
gn o
f fis
hfa
rms a
nd a
ssoc
iate
d de
velo
pmen
t can
min
imis
e la
ndsc
ape,
seas
cap
e an
d vi
sual
imp
act.
Whe
n de
sign
atin
g p
oten
tial d
evel
opm
ent a
reas
and
sens
itive
are
as, t
he S
G s
houl
d ta
ke in
to a
ccou
nt h
isto
ricen
viro
nmen
t int
eres
ts.
Hig
hlan
d ha
s a
rich
and
varie
d cu
ltur
al h
erita
ge, m
uch
of w
hich
has
a cl
ose
asso
ciat
ion
with
the
coas
tal a
nd m
arin
e en
viro
nmen
ts. T
here
is p
oten
tial f
or a
quac
ultu
re d
evel
opm
ent t
o ha
ve a
n ad
vers
e ef
fect
on c
ultu
ral h
erita
ge s
ites,
incl
udin
g th
eir s
ettin
g.
Cu
ltu
ral
he
rita
ge
The
SG s
houl
d ad
dres
s is
sues
suc
h as
noi
se, l
ight
ing
and
odou
r whi
ch c
ould
cau
se n
uisa
nce.
The
pot
entia
l im
pac
ts o
f noi
se fr
om fi
sh fa
rmin
g ac
tiviti
es, f
orex
amp
le th
e us
e of
gen
erat
ors,
bot
h on
and
off
sho
re c
an b
ede
trim
enta
l to
neig
hbou
ring
uses
. Oth
er so
urce
s of n
uisa
nce
incl
ude
odou
r and
art
ifici
al li
ghtin
g.
Po
pu
lati
on
an
d h
um
an
he
alt
hW
here
ver p
ossi
ble
, acc
ess t
o th
e fo
resh
ore
for r
ecre
atio
nal
pur
pos
es s
houl
d no
t be
imp
eded
.
Op
por
tuni
ties
for s
hare
d us
e of
faci
litie
s e.
g. je
ttie
s, c
anhe
lp m
inim
ise
envi
ronm
enta
l im
pac
ts o
n re
sour
ces.
Fish
farm
act
iviti
es m
ay o
bst
ruct
acc
ess
to c
oast
al ro
utes
or p
opul
aram
enity
site
s.
The
SG s
houl
d ad
dres
s is
sues
rela
ting
to w
aste
and
redu
ndan
t equ
ipm
ent,
incl
udin
g th
e is
sue
of s
itede
com
mis
sion
ing.
Ther
e is
pot
entia
l for
dev
elop
men
t to
gene
rate
was
te a
nd/o
rp
ollu
tion
durin
g co
nstr
uctio
n, o
per
atio
n an
d de
com
mis
sion
ing.
Typ
ical
resi
dual
was
te fr
om o
per
atio
ns in
clud
es re
dund
ant p
arts
of
Ma
teri
al
Ass
ets
The Highland Council Aquaculture Supplementary Guidance88
3 Context
Imp
lic
ati
on
s fo
r S
G A
qu
ac
ult
ure
Lo
ca
l E
nv
iro
nm
en
tal
Issu
es
SE
A T
op
ic
Op
por
tuni
ties f
or sh
ared
use
of o
nsho
re fa
cilit
ies i
nclu
ding
jett
ies,
pie
rs a
nd a
ncill
ary
faci
litie
s sh
ould
be
pro
mot
ed.
fish
cage
s, p
last
ic b
ags,
old
rop
es, a
nd d
isca
rded
buo
ys a
nd fl
oats
.Th
ese
can
caus
e da
mag
e to
bot
h m
arin
e sp
ecie
s an
d th
e te
rres
tria
lan
d m
arin
e en
viro
nmen
ts.
Redu
ndan
t equ
ipm
ent m
ay p
ose
a na
viga
tiona
l haz
ard
as w
ell a
s a
risk
to o
ther
use
rs o
f the
mar
ine
envi
ronm
ent.
Ass
ocia
ted
onsh
ore
faci
litie
s m
ay b
e re
quire
d.
The
Mar
ine
(Sco
tlan
d) A
ct 2
010
pla
ces
a du
ty o
n p
ublic
auth
oriti
es to
‘act
in th
e w
ay b
est c
alcu
late
d to
furt
her t
heac
hiev
emen
t of s
usta
inab
le d
evel
opm
ent,
incl
udin
g th
e
Tens
ions
are
pos
sib
le, d
ue to
a d
esire
by
the
aqua
cult
ure
indu
stry
to e
xpan
d in
line
with
Sco
ttis
h G
over
nmen
t tar
gets
, and
the
requ
irem
ent t
o en
sure
that
dev
elop
men
t is
sust
aina
ble
.
Cro
ss
sec
tora
l
issu
es
prot
ectio
n an
d, w
here
app
ropr
iate
, enh
ance
men
t of t
hehe
alth
of t
hat a
rea,
so
far a
s is
con
sist
ent w
ith th
e pr
oper
exer
cise
of t
hat f
unct
ion.
’
SG A
quac
ultu
re s
houl
d en
sure
that
ade
quat
e in
form
atio
nis
pro
vide
d to
hig
hlig
ht th
e p
oten
tial f
or e
nviro
nmen
tal
effe
cts.
Thi
s w
ill e
nab
le in
form
ed d
ecis
ions
to b
e m
ade
onth
ose
issu
es w
hich
can
be
addr
esse
d th
roug
h th
e p
lann
ing
pro
cess
.
SG A
quac
ultu
re s
houl
d b
e co
mp
atib
le w
ith th
e em
ergi
ngm
arin
e p
lann
ing
syst
em a
nd in
par
ticul
ar th
e N
atio
nal
Mar
ine
Plan
. The
spat
ial g
uida
nce
and
deve
lopm
ent c
riter
ia
Ther
e m
ay b
e p
ress
ure
on a
vaila
ble
sp
ace
for o
ther
use
rs o
f the
sea
,du
e to
incr
easi
ng le
vels
of d
evel
opm
ent w
ithin
the
mar
ine
envi
ronm
ent.
with
in th
e SG
shou
ld in
form
the
deve
lop
men
t of t
he fu
ture
regi
onal
mar
ine
spat
ial p
lans
, alo
ng w
ith o
ther
sp
atia
l and
pol
icy
cons
ider
atio
ns.
89Aquaculture Supplementary Guidance The Highland Council
Context 3
Imp
lic
ati
on
s fo
r S
G A
qu
ac
ult
ure
Lo
ca
l E
nv
iro
nm
en
tal
Issu
es
SE
A T
op
ic
Esta
blis
hed
anch
orag
es a
nd h
arb
ours
sho
uld
be
safe
guar
ded.
The
effe
cts
of fi
sh fa
rm d
evel
opm
ent o
n tr
aditi
onal
fish
ing
grou
nds
and
angl
ing
inte
rest
s sh
ould
be
cons
ider
ed. T
hene
eds o
f loc
al c
omm
uniti
es a
nd o
ther
inte
rest
s sho
uld
also
be
take
n in
to a
ccou
nt.
The Highland Council Aquaculture Supplementary Guidance90
3 Context
Likely evolution of the environment without Aquaculture Supplementary
Guidance
3.63 Marine and freshwater aquaculture is a form of development which has potential to impactupon a number of environmental receptors. Access to a wide range of information and data sourcesis therefore necessary to inform the identification of potential new sites as well as the determinationof planning applications for new development. It is anticipated that the Supplementary Guidancewill provide further policy guidance and information which will identify those areas which arepotentially suitable for new or modified fish farm development as well as sensitive areas which areunlikely to be appropriate for such development. Without this level of information, developers andplanners may be less aware of these sensitive areas and there would be a higher risk of planningapplications being approved in areas where aquaculture development could cause significantadverse environmental effects.
SEA Objectives
3.64 A set of SEA objectives was identified. Further minor modifications were made to theseobjectives as part of the SEA development stages, in particular comments received at the scopingstage. As part of the original HwLDP, Policy 50 Aquaculture was assessed as part of the full LDPSEA process. To help ensure consistency, the Aquaculture Supplementary Guidance has beenassessed against the existing HwLDP objectives that are relevant to aquaculture development andnew guidance e.g. national marine plan. Where appropriate, the questions asked during assessmenthave been amended or additional questions included in order to focus on the likely effects ofaquaculture on the SEA issues.
3.65 Table 11 sets out the SEA objectives and questions used to undertake assessment of SGAquaculture.
Table 11 SEA Objectives
QuestionsSEA ObjectiveSEA
Receptor
Is the policy likely to significantly help to protectdesignated natural heritage sites and their
Avoid damage to designatedwildlife sites and protected
Biodiversity
qualifying interests, or is it likely to allowspecies and minimisedamage to wider biodiversity. development which would have adverse effects
on these sites?
Is the policy likely to significantly help to protectspecies that are required by law to be protected?
Is the policy like to ensure protection of wildsalmonids?
Is it likely to safeguard areas of priority habitat thatare sensitive to the effects of aquaculture, for
Safeguard valuable habitatfrom loss and fragmentationthrough development. example maerl beds, seagrass meadows or horse
91Aquaculture Supplementary Guidance The Highland Council
Context 3
QuestionsSEA ObjectiveSEA
Receptor
mussel beds? Alternatively, is it likely to fail toprotect sensitive habitat?
Where appropriate, is the policy likely to contributetoward achievement of LBAP actions and targets?
Protect and, whereappropriate, enhancebiodiversity and contribute
Is the likelihood of cumulative effects ofaquaculture development on natural environmentinterests, including noise impacts on species, takeninto account?
towards achievement of theHighland LBAPs actions andtargets.
Is the policy likely to significantly help to protector enhance water quality, reducing the risk ofunacceptable deterioration in water quality or isit likely to allow development which would havesignificant adverse effects on water quality?
Protect the biological andchemical quality of aquaticenvironments, maintainingand, where appropriate,restoring key ecological
Water
processes (e.g. hydrology,Is the likelihood of cumulative effects ofaquaculture development on the waterenvironment taken into account?
water quality, coastalprocesses and groundwater).
Does the policy protect the diversity and localcharacter of Highland’s landscapes and seascapes,including those within National Scenic Areas, otherdesignated and non-statutory designated areas?
Value and protect thediversity and localdistinctiveness of Highland’scoastal landscapes andseascapes.
Landscape
Does the policy offer effective guidance on thesiting and design of aquaculture development? Isit likely to ensure that the design and siting ofdevelopment is such that it can be effectivelyaccommodated in the landscape?
Does the policy/proposal promote respect forurban form, pattern and identity?
Respect urban form,settlement pattern andidentity.
Is the likelihood of cumulative effects ofaquaculture development on landscape andseascape taken into account?
Cumulative impacts.
Is the policy likely to significantly protectHighland’s historic, archaeological or cultural
Preserve historic buildings,archaeological sites and otherculturally important features.
Cultural
Heritage
features from the effects of development,including visual intrusion. Alternatively, is it likely
The Highland Council Aquaculture Supplementary Guidance92
3 Context
QuestionsSEA ObjectiveSEA
Receptor
to allow them to be adversely impacted bydevelopment?
Does it safeguard cultural heritage features andtheir settings through the promotion ofresponsible design and siting of development?
Safeguard cultural heritagefeatures and their settingsthrough responsible designand siting of development.
Is the likelihood of cumulative effects ofaquaculture development on Highland’s culturalheritage taken into account?
Does the policy prevent unacceptable levels ofamenity, noise, light and odour pollution?
Maintain or improve thecommunity environment andquality of life.
Population
Is the policy likely to help sustain the characterand viability of remote communities?
Does the policy highlight the need for newdevelopment to respect the requirements ofexisting users of the marine and coastalenvironment?
Does it protect public access to the coast?Retain and, whereappropriate improve the
Does it protect areas that are important forrecreation and tourism, e.g. Core Paths, key sailinganchorages, recognised wildlife watching sites?
quality and quantity ofpublicly accessible openspace.
Is the likelihood of cumulative effects ofaquaculture development on quality of life andaccess to the marine and coastal environmenttaken into account?
Does the policy encourage use of the wastehierarchy to reduce, re-use and recycle?
Promote the efficient use ofresources and the
Material
Assets
minimisation of wastesDoes it highlight the requirement for an effectiveWaste management Plan? Is it likely to ensure theremoval of redundant equipment?
through their re-use or theirrecovery, in line with 2020national targets.
Does it encourage the use of existing infrastructureand buildings e.g. jetties and storage sheds?
Promote the use of existinginfrastructure and buildings.
93Aquaculture Supplementary Guidance The Highland Council
Context 3
4.1 This chapter sets out the method used for the environmental assessment of AquacultureSupplementary Guidance and its reasonable alternatives.
Alternatives to which SEA was applied
4.2 A number of alternative approaches to developing the Council’s Aquaculture SupplementaryGuidance were considered. These were:
1. A criteria-based policy approach that would identify a set of development criteria againstwhich all aquaculture planning applications would be assessed.
2. An interim approach what would include a set of development criteria supported, asappropriate, by indicative maps illustrating potential constraints to development. The mapswould inform developers of the spatial distribution of constraints, enabling them to considerdevelopment potential within areas where the level of identified constraint is lower. Planningapplications would be assessed for their compliance with the development criteria.
SEA Objectives
4.3 The Scoping Report was submitted to the SEA Gateway 26 February 2015 and the responsesreceived agreed with the SEA issues that had been scoped in for consideration within theenvironmental assessment, as well as those which had been scoped out. Comments received atthe scoping stage suggested some issues should be moved under different headings, somequestions be removed and a separate question should be added on wild salmonids. The objectiveon the historic environment had been lost in error therefore was re-added.
4.4 These objectives (Table 6 above) represent the criteria against which AquacultureSupplementary Guidance and its reasonable alternatives have been assessed.
Framework used to assess Aquaculture Supplementary Guidance and its
alternatives
4.5 The reasonable alternatives described above have been assessed against the range ofenvironmental issues set out in Schedule 3 of the Environmental Assessment (Scotland) Act 2005and which have been scoped in for assessment. Comments from the Consultation Authorities,SNH, SEPA and Historic Scotland, have been taken into account regarding the methods, scope andlevel of detail in this Environmental Report.
4.6 Aquaculture Supplementary Guidance and its alternatives were assessed for their compatibilitywith the SEA objectives using a simple matrix with the following key:
Fully compatible with the SEA Objectives which are relevantto the policy
++
Partially compatible with the SEA Objectives which arerelevant to the policy
+
No compatibility with the SEA Objectives relevant to thepolicy
-
No link0
The Highland Council Aquaculture Supplementary Guidance94
4 Assessment of environmental effects
Uncertain link?
4.7 The SEA process is carried out in parallel with preparation of Aquaculture SupplementaryGuidance and its purpose is to ensure that the natural and built environment is fully consideredat all stages of decision making. Evaluation of the likely significant environmental effects of thePlan is undertaken in line with good practice as set out in the following documents:
Strategic Environmental Assessment Guidance (2013);Scottish Executive (2003) ‘Environmental Assessment of Development Plans’;OPDM (2005) A practical Guide to the Strategic Environmental Assessment Directive’;Environmental Agency (2007) ‘Strategic Environmental Assessment and Climate Change’;SNIFFER (2008) ‘Air, Water and Soil Strategic Environmental Assessment Guidance’.
Assessment of PPS and its alternatives - summary
4.8 The alternative approaches considered for Aquaculture Supplementary Guidance wereassessed using a framework similar to that described above. The assessment findings are presentedin Table 12.
Table 12 Assessment of Aquaculture Supplementary Guidance and alternatives
Alternative 1: A criteria-based policy approach without a spatial
element
SEA topic
This approach could address the effects of aquaculturedevelopment on biodiversity issues such as designatedsites, protected species, wider biodiversity, priority habitat
+Biodiversity
(Priority Marine Features), potential natural heritage, NatureConservation Marine Protected Areas, predatormanagement and effects on wild fisheries.
International and national natural heritage site boundariesare already included on the HwLDP. However no furtherinformation, such as MPAs and areas protected from furtherfinfish development on the north and east coasts, wouldbe illustrated spatially.
A criteria-based policy approach could address the likelyeffects of aquaculture development on the waterenvironment.
+Water
Information on Locational Guidelines Category 3 Areas and would be provided but boundaries would not bemapped.
SEPA undertakes the main regulatory role in protectingthe water environment so adverse effects would beunlikely.
95Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
Alternative 1: A criteria-based policy approach without a spatial
element
SEA topic
A criteria-based policy approach could address the likelyeffects of aquaculture development on landscape, seascape and possibly siting. However, it could lack the flexibility
+Landscape
to address issues relating to design as these tend to besite-specific and vary according to the type of equipmentthat is available at the time.
The boundary of designated landscape sites such asNational Scenic Areas and Special Landscape Areas areincluded in the HwLDP.
A criteria-based policy approach could address the likelyeffects of aquaculture development on the historic
+Cultural heritage
environment. Scheduled Monuments, Conservation Areas,and Gardens and Designed Landscapes etc are covered inthe HwLDP. However there would be no spatialinformation on the locations of e.g. designated marine wargraves and Historic Marine Protected Areas would not bemapped.
Policy could effectively address public amenity issues andissues such as surrounding noise, lighting, odour and theprotection of access to the foreshore.
++Population
Policy could effectively address issues relating to wastemanagement, in particular the waste hierarchy.
+Material assets
This approach could fail to highlight certaininterrelationships, e.g. it would fail to highlight many areaswhich are sensitive to aquaculture development due tonew and existing designations.
-Interrelationships
This could result in:
delays in the determination of planning applicationsif insufficient detail is submitted at an early stage;unnecessary expense for developers due to time spentundertaking survey work to enable site selection, e.g.benthic surveys.
Does not take full account of SPP which requires planningauthorities to guide development to coastal locations thatbest suit industry needs with due regard to the marineenvironment.
The Highland Council Aquaculture Supplementary Guidance96
4 Assessment of environmental effects
Alternative 1: A criteria-based policy approach without a spatial
element
SEA topic
Conclusions: This option would require the preparation of comprehensive criteria which wouldidentify all planning issues which could be affected by new or modified aquaculture development. There would be limited flexibility as new changes to e.g. national policy or legislative changeswould not be mapped until the review of the HwLDP or the Supplementary Guidance. It wouldmake interpretation of the guidance less accessible to the end-users.
Alternative 2: Supplementary Guidance comprising an introductory
section and a set of development criteria supported, as appropriate,
by indicative maps showing potential constraints to development
SEA topic
The policy approach of Policies 28, 50, and 57-61 inparticular of the LDP would be supported and expanded
++Biodiversity
in the Development Criteria in relation to aquaculturedevelopment. Internationally and nationally designatedsites included in the LDP would be included in an indicativemap. In addition, spatial information on seal haul-outs ormarine protected areas would also be provided, providingclear, mapped and text guidance on potential biodiversityconstraints.
The policy approach of Policy 28, 63 of the LDP would besupported and expanded in Development Criterion 4 in
+Water
relation to aquaculture activities. Information on LocationalGuidelines Category 3 Areas would be provided butboundaries would not be mapped as these are regularlyupdated. Shellfish Water Protected Areas, as at December2014, would be mapped.
The policy approach of Policies 49, 50 and 61 in particularof the LDP would be supported and expanded in the
++Landscape
Development Criterion 1 in relation to aquaculturedevelopment. An overview would be provided of guidanceon the siting and design of new or modified developmentwith references to further useful publications. Siting anddesign is a broad subject and guidance needs to be flexibleto take account of change over time. SupplementaryGuidance has the flexibility to be changed to include themost relevant and current guidance. The boundary ofdesignated sites such as National Scenic Areas and areassuch as Wild Land (not a designation) would be shown onan indicative map.
The policy approach of Policy 57 in particular of the LDPwould be supported and expanded in the Development
++Cultural heritage
Criterion 1 in relation to aquaculture development. The
97Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
Alternative 2: Supplementary Guidance comprising an introductory
section and a set of development criteria supported, as appropriate,
by indicative maps showing potential constraints to development
SEA topic
location of key historic environment assets would bemapped.
Development Criteria 5 and 6 could effectively addressissues surrounding interactions with other users that in
+Population
turn cause an environmental impact, along with issues suchas noise, lighting, odour, and the protection of access tothe foreshore.
Development Criterion 6 could effectively address issuesrelating to waste management, in particular the wastehierarchy.
+Material assets
Supplementary Guidance would bring together the policiesof the Local Development Plan and maps relevantinformation that particularly relate to aquaculture, some
+Interrelationships
of which is already mapped in the LDP; other elements arenew guidance/designations made after the production ofthe HwLDP.
Supplementary Guidance would provide useful informationto developers, planners, councillors, the aquacultureindustry and and interested members of the public,showing the different issues that require considerationwhen assessing fish farm applications.
Conclusions: Supplementary Guidance would support existing Policy 50 Aquaculture byproviding an additional level of policy guidance and information and more detailed mappingto support industry growth.
4.9 The option which has been selected is Alternative 2 Supplementary Guidance, whichcomprises an introductory section and a set of development criteria supported, as appropriate, byindicative maps showing potential sensitivities to development.
4.10 Although Alternative 1, a set of development criteria, would provide additionalenvironmental benefit, it was considered that the lack of the additional mapped informationproposed by this option was less beneficial and contained slightly more environmental risk.
Components of the Aquaculture Supplementary Guidance to which SEA was
applied in this Report
4.11 SEA has been applied to:
The introductory sectionSpatial strategy
The Highland Council Aquaculture Supplementary Guidance98
4 Assessment of environmental effects
The six Development Criteria
4.12 The Aquaculture Supplementary Guidance sets out the policy which will guide aquaculturedevelopment throughout Highland over the period 2015 -2017 and it is likely that thesedevelopments will continue operation in subsequent years. For this reason, the effects identifiedin this SEA are assumed to be long term and regional unless otherwise stated. The SG will bere-evaluated in line any revisions of the Local Development Plan as appropriate.
Assessment findings
Introduction
4.13 The introduction provides the background rationale for the document i.e. to support Policy50 of the existing Highland wide Local Development Plan. It then sets the scene, providingbackground on the value of the industry and its legislative and policy context. Information on theenvironmental considerations required in the decision making and planning application processare outlines, including Environmental Impact Assessment (EIA) requirements. At the scoping stagefor EIA, the Aquaculture Supplementary Guidance will provide a useful framework for identifyingissues that should be scoped in for assessment. This section therefore has an overall positiveenvironmental effect.
4.14 Some of the licensing roles of SEPA and Marine Scotland are described, both in theintroduction and in certain Development Criteria and this is very useful in explaining other regulatorycontrols that are relevant to the industry.
Spatial Strategy
4.15 The effects of this element are generally positive. This component provides additionalmapped information and signposting to the most up to date data, therefore provides environmentalbenefits by reducing environmental risk by showing clearly in graphic form the boundaries of keyconstraints. This in turn will help ensure further support for industry growth by providing thisinformation at an early stage in a format that is readily accessible and steering development to themore appropriate locations and areas of less environmental sensitivity.
Biodiversity
4.16 All the effects are positive. DC2 lists those aspects of the natural environment which requireto be protected from significant adverse impact. However, indirect effects are not mentioned andthere is no protection for priority benthic habitats such as maerl beds, seagrass meadows and horsemussel beds which are vulnerable to the effects of aquaculture.
4.17 DC3 clearly explains the possible risks to wildlife posed by certain anti-predator measuresand sets out the issues which should be addressed in a predator management strategy. Furtherinformation on the distribution of designated seal haulouts would be beneficial in identifying areasthat are sensitive to the effects of aquaculture. Similarly it would be useful to provide a link toinformation on the locations of regionally important colonies or aggregations of fish-eating birds.
4.18 DC4 clearly identifies the potential for adverse interactions between fin fish farming andwild salmonid populations and states the Council’s preference for new development to avoid areasin the vicinity of the outflows of recognised sea trout spawning burns. Orkney’s principal sea troutspawning burns are highlighted on Indicative Map 3.
99Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
Water
4.19 The effects are broadly positive. DC5 explains how aquaculture development can impactupon water quality and the benthic environment. Further information is provided on the role ofSEPA and marine Scotland in licensing aquaculture-related activities. The Locational Guidelinesand Shellfish Growing Waters are explained and boundaries of Category 3 areas and the Bay ofFirth and Bay of Ireland Shellfish Growing Waters are illustrated on Indicative Map 4.
Landscape
4.20 The effects are broadly positive. DC1 provides a brief overview of the issues which developersshould address, whilst including links to other publications that provide relevant guidance. It setsout the issues which should be addressed in landscape and visual impact assessment. This issupported by the spatial strategy which maps the key landscape designations and other importantlandscape features.
Cultural heritage
4.21 The effects are broadly positive. DC6 lists the aspects of the historic environment whichcould be impacted by aquaculture development and provides information on the issues that shouldbe covered in an Environmental Impact Assessment. The introduction section and the spatialstrategy outline the role of other agencies and signpost to sources of up-to-date information.
Population
4.22 The effects are broadly positive. DC 5 & DC6 ensure sources of potential environmentalnuisance such as noise, lighting and odour are addressed, along with the requirement to considerpublic safety and ensure that access to the foreshore for recreational activities is not impeded.
Material assets
4.23 The effects are broadly positive. DC8 requires the preparation of a site waste managementplan. DC9 requires planning applications to be supported by a decommissioning statement. Thisis likely to benefit all environmental receptors.
Assessment of the environmental effects of Aquaculture Supplementary
Guidance
4.24 The cumulative effects of Aquaculture Supplementary Guidance following mitigationhave been assessed, using a matrix similar to Table 13 below.
Table 13 Matrix used to assess the likely cumulative environmental effects of the policies of
Aquaculture Supplementary Guidance
SummaryWeightingSEA Receptors
Introduction section
Highlights need to conform with variousenvironmental legislation.
++Biodiversity
The Highland Council Aquaculture Supplementary Guidance100
4 Assessment of environmental effects
SummaryWeightingSEA Receptors
Outlines the role of other key agencies in ensuringwater quality.
+Water
Topic not outlined in any detail in this section.0Landscape
Outlines the role of other key agencies in ensuringwater quality.
+Cultural heritage
Topic not outlined in this section.0Population
Topic not outlined in this section.0Material assets
Inter-relationship between the SEA topics: The introduction section outlinesthe main environmental considerations that should be considered when
Summary
undertaking aquaculture development, along with information on the otherkey agencies and their environmental remits.
Spatial strategy
This element lists and maps key environmentalconstraints and signposts to sources of more finescale mapping.
++Biodiversity
Some aspects linked to water quality are covered.+Water
This element lists and maps key environmentalconstraints and signposts to sources of more finescale mapping.
++Landscape
Some features are listed but there are too many tobe mapped in any meaningful way on a static map.
+Cultural heritage
Topic not outlined in any detail in this section.0Population
Topic not outlined in any detail in this section.+Material assets
Inter-relationship between the SEA topics: The spatial strategy is of particularbenefit to the biodiversity and landscape environmental objectives. Providing
Summary
clear guidance on designated species and habitats constraints will steerdevelopers to areas of least constraint.
Spatial strategy
DC 3 in particular provides detail on theenvironmental issues concerning protected species
++Biodiversity
and habitats. It steers developers away from themost sensitive areas and outlines the key issues tobe considered. It also signposts to furtherguidance.
101Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
SummaryWeightingSEA Receptors
DC4 in particular helps ensure water quality ismaintained and impacts on the benthic habitat areminimised.
++Water
DC1 outlines the key considerations to ensurelandscape/seascape quality of the Highlands is noteroded and signposts to further guidance.
++Landscape
DC2 helps ensure the environmental qualities ofHighland’s cultural heritage are not eroded.
++Cultural heritage
DC5 & DC6 in particular help ensure that publicimpacts which may lead to public health issues areconsidered and mitigated appropriately.
++Population
DC6 in particular considers waste minimisation anddecommissioning which may bring environmentalbenefits to all the other receptors.
++Material assets
Inter-relationship between the SEA topics: While there may be some negativeenvironmental impacts of development on a case-by-case basis, the
Summary
Aquaculture Supplementary Guidance brings overall positive environmentalbenefits by ensuring key environmental concerns are addressed or avoided. Most of the development criteria apply to one key receptor whilst someelements apply across receptors.
Significant negativeenvironmental effects
--Significant positiveenvironmental effects
++
Negative environmentaleffect
-Positive environmental effect
+
Uncertain environmentaleffects
?No significant environmentaleffects
0
Assessment of cumulative effects
4.25 The aim of cumulative effects assessment is to identify, describe and evaluate cumulative(including synergistic) residual effects in order that they may be avoided, minimised or enhancedas appropriate. Schedule 3 of the SEA Act refers to secondary, cumulative and synergistic effectsand these are described in more detail below.
4.26 Secondary: Effects that are not a direct result of the PPS but occur away from the originaleffect, or as a result of a complex pathway. An example of a secondary cumulative effect would bethe unsustainable planning of roads in sensitive wetland areas causing secondary developmentactivities and increased pressure on the aquatic environment.
The Highland Council Aquaculture Supplementary Guidance102
4 Assessment of environmental effects
4.27 Cumulative: Effects arise, for instance, where several developments each have insignificanteffects, but together have a significant effect. For example, incremental soil sealing in urban andrural areas due to development pressures; and
4.28 Synergistic: effects interact to produce a total effect which is greater than the sum of theindividual effects, so that the nature of the final impact is different to the nature of the individualimpacts. An example of a synergistic effect is vegetation removal, soil sealing and soil compactionwhich may all cause an increase in surface runoff and erosion of soils which could have an adversesynergistic effect on aquatic ecosystems. This would be due to increased sediment loading or siltingand possible nutrient enrichment.
4.29 The cumulative assessment includes the likely significant residual effects on the environment,including those on biodiversity, water, landscape, cultural heritage, population and material assetsand the interrelationship between these environmental receptors.
4.30 The findings of the assessment of the cumulative effects of the Aquaculture SupplementaryGuidance are included in Table 14 where the cumulative effects on each of the SEA environmentalreceptors can be seen by reading across the table.
103Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
Ta
ble
14
Ass
ess
me
nt
of
cu
mu
lati
ve
an
d s
yn
erg
isti
c e
ffe
cts
Po
ten
tia
l cu
mu
lati
ve
imp
act
of
Aq
ua
cu
ltu
re
Su
pp
lem
en
tary
Gu
ida
nc
e
Co
mp
on
en
t p
art
of
Aq
ua
cu
ltu
re S
up
ple
me
nta
ry G
uid
an
ce
SE
A t
op
ic
DC
6D
C5
DC
4D
C3
DC
2D
C1
Sp
ati
al
Intr
o
Effe
cts a
re li
kely
to b
e b
road
lypo
sitiv
e in
term
s of p
rote
ctin
gb
iodi
vers
ity.
+0
++
+0
++
++
+
Bio
div
ers
ity
Effe
cts a
re li
kely
to b
e b
road
lyp
ositi
ve o
r neu
tral
in te
rms
of+
0+
++
00
++
Wa
ter
pro
tect
ing
the
wat
eren
viro
nmen
t.
Effe
cts a
re li
kely
to b
e b
road
lypo
sitiv
e in
term
s of p
rote
ctin
gla
ndsc
ape.
++
0+
++
++
+0
La
nd
sca
pe
Effe
cts a
re li
kely
to b
e b
road
lyne
utra
l or p
ositi
ve in
term
s of
++
00
++
+0
+
Cu
ltu
ral
he
rita
ge
pro
tect
ing
cult
ural
her
itage
reso
urce
s.
Effe
cts a
re li
kely
to b
e b
road
lyne
utra
l or p
ositi
ve in
term
s of
++
+0
00
00
0
Po
pu
lati
on
prot
ectin
g pu
blic
am
enity
and
acce
ss to
the
fore
shor
e.
Effe
cts a
re li
kely
to b
e b
road
lyne
utra
l in
term
s of
ens
urin
g+
00
+0
00
0
Ma
teri
al
ass
ets
app
rop
riate
was
tem
anag
emen
t.
The Highland Council Aquaculture Supplementary Guidance104
4 Assessment of environmental effects
Po
ten
tia
l cu
mu
lati
ve
imp
act
of
Aq
ua
cu
ltu
re
Su
pp
lem
en
tary
Gu
ida
nc
e
Co
mp
on
en
t p
art
of
Aq
ua
cu
ltu
re S
up
ple
me
nta
ry G
uid
an
ce
SE
A t
op
ic
DC
6D
C5
DC
4D
C3
DC
2D
C1
Sp
ati
al
Intr
o
Stro
ng li
nks b
etw
een
biod
iver
sity
and
wat
er re
cept
ors a
s wat
er b
odie
s are
cla
ssifi
ed in
term
s of t
heir
chem
ical
and
eco
logi
cal
qual
ity. L
inks
are
als
o p
ossi
ble
bet
wee
n la
ndsc
ape,
oth
er u
sers
and
the
oper
atio
nal r
equi
rem
ents
with
cul
tura
l her
itage
,In
terr
ela
tio
nsh
ip
whe
re h
isto
ric s
ites
form
a s
igni
fican
t ele
men
t of t
he la
ndsc
ape.
Red
uctio
n in
was
te w
ill m
inim
ize
ben
thic
/coa
stal
sp
ecie
sim
pac
ts b
y re
duci
ng e
.g. e
ntan
glem
ent o
r ing
estio
n of
was
te b
y m
arin
e an
d co
asta
l sp
ecie
s.
Sign
ifica
nt A
dver
se--
Sign
ifica
nt B
enef
it+
+
Min
or A
dver
se-
Min
or B
enef
it+
Unc
erta
in?
Neg
ligib
le0
Unc
erta
in A
dver
se?/
-U
ncer
tain
Ben
efit
?/+
105Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
Measures envisaged for the prevention, reduction and offsetting of significant
adverse effects
4.31 Schedule 3 paragraph 7 of the Environmental Assessment (Scotland) Act 2005 requires anexplanation of “the measures envisaged to prevent, reduce and as fully as possible offset anysignificant adverse effects on the environment of implementing the plan or programme.” Table15 sets out any environmental problems that are likely to remain on implementation of the PPSand summarises proposed measures for the prevention, reduction and offset of significant adverseeffects.
Table 15 Measures envisaged for the prevention, reduction and offsetting of any significant
adverse effects
Proposed measures for the
reduction/prevention and offset of
significant adverse effects
Impact of
PPS
Existing problem?SEA issue
DC6 highlights the need for apredator management strategy,where appropriate.
Broadlypositive
Incidental harm to nontarget species due toinappropriately designed or
Biodiversity
located anti-predatormeasures.
SG highlights the requirement toprotect vulnerable benthic habitats.
Broadlypositive
Damage to or loss of benthichabitats that are sensitive toaquaculture.
DC3.2 states that development willon be permitted where there is no
Broadlypositive
Impact on wild salmonids,e.g. due to increased
significant adverse impact on wildexposure to sea lice andtheir larvae. salmonid populations and where
cumulative impacts on wild salmonidshave been assessed and mitigatedwhere appropriate.
DC4 identifies and Shellfish WaterGrowing Areas and signposts toCategory 3 areas.
Positive orneutral
Potential for adverse effectson water quality.
Water
DC1 provides an overview ofguidance on siting and design and
Broadlypositive
Potential for adverseimpacts on landscape due
Landscape
makes reference to more detailedto poorly sited or designedaquaculture development. guidance, supported by a spatial
strategy.
DC2 provides adequate guidance onthe need to avoid significant adverse
Broadlypositive
Potential for adverse effectson historic sites, includingtheir settings.
Culturalheritage
impact on historic resources and theirsetting.
The Highland Council Aquaculture Supplementary Guidance106
4 Assessment of environmental effects
Proposed measures for the
reduction/prevention and offset of
significant adverse effects
Impact of
PPS
Existing problem?SEA issue
DC6 provides policy guidance on theneed to mitigate, where necessary,
Broadlypositive
Potential nuisance in termsof noise, lighting and odour.
Population
sources of nuisance such as noise,lighting and odour.
DC6 highlights the requirement toprotect access to the foreshore.
Broadlypositive
Potential for obstruction ofaccess to coastal routes orpopular amenity sites.
DC8 requires appropriatemanagement of waste
Broadlypositive
Potential issues arising frominadequate wastemanagement.
Materialassets
All six Development Criteria aim toenable sustainability in new ormodified aquaculture development.
Broadlypositive
Tensions are possible inbalancing expansion withthe need for developmentto be sustainable.
Crosssectoralissues
DC5 requires developers todemonstrate that any potential
Broadlyneutral
Increased demand for spacein the marine environment.
impacts of proposals on other usersof the marine environment have beenidentified and, where conflicts ofinterest are likely, to provide detailsof impacts and the proposedmitigation measures.
107Aquaculture Supplementary Guidance The Highland Council
Assessment of environmental effects 4
5.1 The purpose of monitoring is to ensure that the proposed mitigation is effective and thatany unexpected effects can be detected at an early stage so that appropriate remedial action canbe put in place. Over time it is expected that environmental benefits will become apparent throughthe trends in the monitoring indicators. Monitoring will be used to provide essential informationon which to base future development. A monitoring programme may be developed with targetsrelating to the SEA objectives, within the wider LDP monitoring. Further changes to the AquacultureSupplementary Guidance are likely in order to take account of the responses to the consultation. Once the draft Aquaculture Supplementary Guidance and accompanying draft EnvironmentalReport have been consulted upon, the changes made will be summarised in the final EnvironmentalReport.
The Highland Council Aquaculture Supplementary Guidance108
5 Monitoring
6.1 Table 16 lists future milestones in the development of the PPS and its SEA, and the dateswhen these are expected to be completed.
Table 16 Anticipated plan-making and SEA milestones
MilestoneExpected date
Environmental Report and Aquaculture Supplementary Guidancego out for public consultation
25May 2015
Deadline for consultation responses19 July 2015
Responses considered and taken into account in preparation ofa final Aquaculture Supplementary Guidance
Autumn/Winter 2015
109Aquaculture Supplementary Guidance The Highland Council
Next steps 6
Getting Involved
If you would like more information or to get involved in the production of future plans please
contact us in one of the following ways:
Telephone
(01349) 886608
Post
Director of Planning and Development, The Highland Council, Glenurquhart Road, Inverness IV3 5NX
Fax
(01463) 702298
For the most up to date news on the work of the Development Plans Team (and more) please
follow our twitter account and ‘Like’ our Facebook page:
www.twitter.com/highlanddevplan
www.facebook.com/highlandLDPs
Feedback
If you have any experience of Development Planning that you would like to comment on please complete a customer satisfaction survey:http://www.surveymonkey.com/s/X89YVTY