1st April 2015
APPLICATION NO: WP/14/01033/OUT
Aquaculture building and associated external works (outline planning application with all
matters reserved)
SCRUBLAND AREA IN PORT ESTATE BETWEEN FORESHORE AND, INCLINE
ROAD, PORTLAND PORT, PORTLAND
Landfish Ltd
Case Officer: Chris Moscrop
FOR DECISION
1. SUMMARY RECOMMENDATION
1.1 Grant outline planning permission subject to conditions
2. PROPOSAL
2.1 The site is a vacant scrubland area in Portland Port, to the east of Incline Road and
adjoining Balaclava Bay.
2.2 It has an area of 0.5ha and the proposed building is required for a project which
seeks to open up newer and cleaner environmental techniques in the aquaculture
market, which would use recirculation systems to grow salt water fish on land.
2.3 This is an outline planning application with all matters reserved leaving ‘access’;
‘appearance’; ‘landscaping’; ‘layout’; and ‘scale’ to be considered in detail at any
reserved matters stage.
2.4 The proposed building would produce 150–200 tonnes of fish per annum and would
distribute the resulting product to fish markets. The process would also involve the
extraction of solids which would be distributed to garden centres.
2.5 Vehicular and pedestrian access to the site will be direct via Balaclava Road which
connects to the existing roadway. Access into the building and parking/turning areas
would be direct from the existing foreshore roadway.
2.6 Surface water drainage would go to the existing drainage system.
2.7 The applicants have advised that this would be a green metal building and that the
new recirculation system will-
 Have no need for a flow back system
 Have minimal cleaning needs and then the cleaning of tanks is into discharge
bags
 Stop waste collection below fish pens. This waste can accumulate and kill
invertebrate below the fish pens.
 Reduce Oxygen (O2) content. Bacterial build up from decomposition of the
fish/feed waste and will therefore reduce the O2 in the water column.
 Stop disease transfer to wild fish populations including declining productivity of
wild fish in rivers and coastal environments due to increasing infestations of sea
lice.
 Enable harvesting every three- six months all on site
 Avoid high transport costs from the rearing areas to the towns.
 Address poor efficacy of feeds in current open pen fish farms.
 Avoid fish escapes which are now creating significant concern in many part of the
world and have become a danger to wild fish.
 Avoid substantial antibiotic and hormone usage and release.
 Avoid regular used water discharge.
 Create clean recirculated water with a loss of only .6% of water loss leaving 96.4
% clean water.
2.8 The applicants also advise that the scheme has a year to 18 month development
programme and that Portland Port is perfect for export markets. They say that there is a
shortage of this type of production especially in England and that there are very few fish
projects have been developed on land.
2.9 They additionally suggest that 3-5 jobs would be created immediately, as well as
construction work for a team for 6-12 months.
2.10 In their view this is a unique scheme due to the fact that fish, of many types, would
be produced on land. They say that this scheme leads the way in Southern England,
Dorset and Portland and will be held out as a shining light by introducing the first
environmentally sustainable and viable scheme.
3. RELEVANT PLANNING HISTORY
Application No.
99/00074/COU
Proposal
Use of land for the purposes
of carrying out a harbour
undertaking and for uses
within Classes B1, B2 and B8
of the Town and Country
Planning (Use Classes) Order
Decision
Granted March 2002
1987.
Land Within The Former
Portland Naval Base,
Castletown, Portland, Dorset,
4. POLICY CONSIDERATIONS
Adopted Weymouth & Portland Local Plan
4.1 This site is outside the development boundary contained in the adopted Local Plan.
In such locations Policy D1 indicates that development will be restricted to the following:
(i)
development essential to the use of land for agriculture, forestry or
horticulture in accordance with policy N22;
(ii)
alterations and extensions to dwellings subject to policies D3 and H8;
(iii)
conversion of suitable buildings to uses appropriate to the area in
accordance with local plan policy N10;
(iv)
the rebuilding or replacement of existing dwellings with equivalent sized
dwellings on a one for one basis;
(v)
proposals for farm diversification and stables in accordance with policies
N23 and N24;
(vi)
tourism and recreational development of camping and caravan sites in
accordance with policies TO16 and TO18;
(vii)
open air sporting or recreation facilities that do not have an adverse
impact on the local environment or amenity of residents;
(viii)
development provided for by other specific policies in this plan.
(ix) proposals for the generation of renewable energy from wind, hydro or tidal
resources in accordance with policy D4
4.2 Policy D3 (General Development Criteria) indicates that development proposals will
be determined in accordance with the following criteria:
(i)
buildings and spaces should respect those features that contribute to
"local distinctiveness" and the character of the area;
(ii)
designs and layouts should be safe, take account of crime prevention and
community safety issues and, where possible, be accessible by persons with a
disability;
(iii)
proposals should not be detrimental to the environment by virtue of noise,
smoke, fumes, dust or other emissions;
(iv)
existing landscape, townscape, riverine, coastal, nature conservation, and
other environmental features, including linear and stepping stone features that
penetrate built up areas or link consolidated open areas, and the best and most
versatile agricultural land should be respected for their intrinsic value and retained,
protected or enhanced where possible;
(v)
proposals should help to "green" the residential environment by assisting
sustainable drainage, contributing to biodiversity, promoting energy efficiency in
layout and design and creating more opportunities for retaining and planting trees
in the borough;
(vi)
proposals should not have a seriously detrimental impact on the privacy
and amenity of existing occupiers and new occupiers;
(vii)
design and layouts should focus on the quality of places and living
environments, and give priority to pedestrians rather than the moving and parking
of vehicles;
(viii)
access, parking, open space where appropriate, and other services should
be provided in accordance with the policies in this plan;
(ix)
new development should not pose a risk to highway safety.
4.3 The site is also within the Portland Coastline Designation referred to in Policy N13.
This suggests that development will be permitted only where:
(i)
the natural beauty of the coast is conserved or enhanced, and;
(ii)
development is not visually intrusive in views of the foreshore, skyline or along
the coast.
4.4 The site is also in an Area of Local Landscape Importance and therefore Policy N12
applies in this case. The policy suggests that development will be permitted only where
it causes no significant harm to the intrinsic landscape quality of the area. It further
suggests that any development that is permitted shall be sited and designed so as to
minimise the impact on that landscape.
4.5 Highways issues are covered in Policies T6 (Providing Safer Environments) and
T18 (Parking Guidelines for Non Residential Development).
West Dorset, Weymouth & Portland Draft Local Plan
4.6 Paragraph 216 of the NPPF states that:
“From the day of publication [of the NPPF], decision-takers may also give
weight (unless other material considerations indicate otherwise) to relevant
policies in emerging plans according to:
 the stage of preparation of the emerging plan (the more advanced the
preparation, the greater the weight that may be given);
 the extent to which there are unresolved objections to relevant policies

(the less significant the unresolved objections, the greater the weight
that may be given); and
the degree of consistency of the relevant policies in the emerging plan
to the policies in this Framework (the closer the policies in the
emerging plan to the policies in the Framework, the greater the weight
that may be given)”.
4.7 Now that the extent of objections to the submitted plan is known and the
examination has passed the hearings stage, we can start to apply varying degrees of
weight to our emerging policies in accordance with the NPPF guidance. As far as this
application is concerned the following policies are considered to be relevant:
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INT1. Presumption in favour of sustainable development
ENV 1.
Landscape, seascape and sites of geological interest
ENV 10.
The landscape and townscape setting
ENV 12.
The design and positioning of buildings
ENV 16.
Amenity
SUS 1.
The level of economic and housing growth
SUS 2.
Distribution of development
ECON 1.
Provision of employment
ECON2.
Protection of Key Employment Sites
COM 7.
Creating a safe and efficient transport network
COM 9.
Parking standards in new development
ENV 2.
Wildlife and habitats
National Planning Policy Framework
4.8 The national advice in the National Planning Policy Framework 2012 (NPPF)
indicates a presumption in favour of sustainable development, In terms of decisiontaking this means:
• approving development proposals that accord with the development plan
without delay; and
• where the development plan is absent, silent or relevant policies are out of
date, grant permission unless:
any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits, when assessed against the policies in the Framework
taken as a whole; or where specific policies in the Framework indicate
development should be restricted.
4.9 The following sections are also relevant
Section 1. Building a strong, competitive economy
Section 4. Promoting sustainable transport
Section 7. Requiring good design
Section 10. Meeting the challenge of climate change, flooding and coastal change
Section 11. Conserving and enhancing the natural environment
4.10 In terms of decision taking the following are also relevantPara 186 - Local planning authorities should approach decision-taking in a positive way
to foster the delivery of sustainable development. The relationship between decisiontaking and plan-making should be seamless, translating plans into high quality
development on the ground.
Para 187 - Local planning authorities should look for solutions rather than problems,
and decision-takers at every level should seek to approve applications for sustainable
development where possible. Local planning authorities should work proactively with
applicants to secure developments that improve the economic, social and
environmental conditions of the area.
Finally paras 203 and 204 of the NPPF indicates that Local Planning Authorities should
consider whether otherwise unacceptable development could be made acceptable
through the use of conditions or planning obligations.
5. STATUTORY CONSULTATIONS
Portland Town Council
5.1 The Town Council has no objection to this proposal.
HSE
5.2 The Health and Safety Executive has advised that the site is within a consultation
distance of a major hazard site. They have however indicated that that they do not
advise, on safety grounds, against the granting of planning permission in this case via
their self assessment consultation system.
Dorset County Council (Highways)
5.3 DCC as Highway Authority has no objection to this proposal.
Environment Agency
5.4 The Agency has no objection to the proposed development subject to a number of
conditions and informatives.
6. OTHER CONSULTATIONS
Wessex Water
6.1 Wessex Water has advised that new water supply and waste water connections will
be necessary. They also suggest that supplies for fire fighting (eg sprinklers) will need
assessment and network modelling carried out to demonstrate what is needed to meet
the demand.
Dorset Waste Partnership
6.2 The partnership has advised that they have no issues with this application in regard
to waste collection.
WPBC Environmental Heath
6.3 Community Protection has no comments on this proposal.
7. REPRESENTATIONS
7.1 None
8. PLANNING ISSUES
8.1 The main planning issues relevant to this application are:
 Policy;
 Landscape;
 Highways.
8.2 This is an outline planning application for the principle of erecting a building for
commercial aquaculture purposes. At this stage therefore we are not considering issues
surrounding ‘access’; ‘appearance’; ‘landscaping’; ‘layout’; and ‘scale’ at this time.
8.3 The site is within the secure Port Estate and is adjacent to other commercial
premises to the north. It is within a relatively close proximity to Balaclava Bay and the
road system of the Port.
8.4- I have also noted that the proposed use would involve the recirculation of water,
that the cleaning of tanks would be into discharge bags and that any solids would be
collected and then sold on.
8.4 Policy- The site is outside the development boundary contained in the adopted
Local Plan. In such locations development is restricted to uses excluding commercial
business use. There is no site-specific policy for Portland Port in the adopted Local
Plan, however in the emerging Local Plan Portland Port is designated as a key
employment site. The proposed use is in general conformity with emerging policy
ECON2 – Protection of Key Employment Sites. Consequently there seems to be merit
in this proposal subject to it not having a significant adverse impact on the surrounding
land uses.
8.5 Landscape –The existing site is part of a much more extensive area of scrubland
that has recolonized formerly developed land on this side of Portland. The site itself and
much of the surrounding area is designated an Area of Local Landscape Importance
and the Portland Coastline designation. The site also lies immediately below The Verne
(Scheduled Ancient Monument). Portland Port lies to the north of the site, while pockets
of developed land lie to the south. Policies in the West Dorset Weymouth & Portland
Local Plan as listed above refer.
8.6 In this context, the site lies within a landscape that is sensitive in its own right, which
also forms part of the landscape setting for The Verne and provides separation between
Portland Port and other built areas to the south. Views of the site from the seaward side
encompass a limited amount of development, generally low-lying, which allows The
Verne to dominate as a focal point at the skyline above an extensive area of
predominantly green coastline.
8.7 General Development Policy D3 in the adopted Local Plan requires development to
respect local distinctiveness and character and to retain, protect and enhance (where
possible) landscape features that provide links or stepping-stones through built-up
areas. Similarly, Policy N12 requires development in an ALLI to avoid significant harm
to its intrinsic landscape quality and minimise landscape impacts. Policy N13 picks up
on this requiring development to conserve and enhance the coast’s natural beauty and
avoid visual intrusion on the foreshore, skyline and along the coast.
8.8 As this is only an outline planning application with all matters reserved (leaving
details of ‘access’; ‘appearance’; ‘landscaping’; ‘layout’; and ‘scale’ to be considered in
detail at any reserved matters stage), the applicant is not required to provide details of
the proposed development such as the number or size of structures/buildings.
8.9 Consequently, whilst the principle of development in this location may be
acceptable, the design and layout of the development will need to be carefully
considered so as to avoid visual intrusion and minimise impact upon landscape
character. Having sought advice from the Landscape Officer, the detailed development
proposals will need to be restrained in ‘scale’, ‘mass’ and ‘height’, using materials
and/or colours that reflect or complement its landscape setting so that it recedes into
this coastal landscape, preserving and enhancing existing intrinsic landscape qualities.
8.10 They also consider that any detailed reserved matters application should carefully
consider the likely nature and extent of impacts upon nearby and wider views of
Portland from the sea and from the land. The applicant should therefore prepare any
such proposals with this in mind in order that they are able to present a low-lying
development with a visually recessive character that minimises intrusion into the
landscape and makes a positive contribution to the character and visual amenity of this
area.
8.11 Clearly the points raised are detailed matters and on this basis I am satisfied that
landscape issues could be suitably addressed.
8.12 Highways- As mentioned above, you are not being asked to consider ‘access’
details at this time. However I note that Dorset County Council as Highway Authority
has no objection to the principle. Consequently I could not advise refusal on Highways
grounds.
9 SUMMARY OF ISSUES
9.1 In terms of this being an outline planning application with all matters reserved, this
scheme is considered to be acceptable because it is in general conformity with
emerging policies concerning the use of an area designated as a key employment site.
Issues concerning landscape and highways remain part of the reserved matters
(access; appearance; landscaping; layout; and scale) that remain to be addressed at
any detailed stage.
10 RECOMMENDATION
10.1 Grant Outline Permission subject to the following conditions
1.
Before any development is commenced details of 'reserved matters' (that is any
matters in respect of which details have not been given in the application and which
concern the layout, scale, appearance, access or landscaping) shall be submitted to the
Local Planning Authority for their subsequent approval.
Reason: This condition is required to be imposed by the provisions of Article 4(1) of the
Town and Country Planning (Development Management Procedure) Order 2010.
2.
Application for approval of any 'reserved matter' must be made not later than the
expiration of three years beginning with the date of this permission.
Reason: This condition is required to be imposed by Section 92 of the Town and
Country Planning Act 1990 (as amended).
3.
The development to which this permission relates must be begun not later than
the expiration of two years from the final approval of the reserved matters or, in the case
of approval on different dates, the final approval of the last such matter to be approved.
Reason: This condition is required to be imposed by Section 92 of the Town and
Country Planning Act 1990 (as amended).
4.
The development hereby permitted shall be carried out in accordance with the
following approved plans:
Location plan 01 received on 04/12/2014
Block plan 02 A received on 15/12/2014
Reason: For the avoidance of doubt and in the interests of proper planning.
5
CONDITION: No development approved by this permission shall be commenced
until details fo the water intakes and outfalls for the development, including screening
size, has been submitted to and approved by the Local Planning Authority. The plan
shall subsequently be implemented in accordance with the approved details and agreed
timetable.
REASON: To prevent any impact on local fisheries
6
Prior to the occupation of the development provision shall be made for the parking of
vehicles, in accordance with details submitted to and agreed by the Local Planning Authority
and thereafter that area shall not be used for any purpose other than the parking of vehicles.
Reason: To ensure adequate off-street parking at all times.
INFORMATIVE This activity may require a Permit under the Environmental Permitting
Regulations 2012. The Environment Agency is required to consider all forms of pollution
when issuing an environmental Permit. If a permit is issued for this site, it will require the
operator to take all appropriate measures to prevent or minimise pollution from the
activity. Pollution Prevention During Construction
INFORMATIVE Safeguards should be implemented during the construction phase to
minimise the risks of pollution from the development. Such safeguards should cover: the use of plant and machinery - oils/chemicals and materials - the use and routing of
heavy plant and vehicles - the location and form of work and storage areas and
compounds - the control and removal of spoil and wastes. The applicant should refer to
the Environment Agency's Pollution Prevention Guidelines at:
https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg
11 BACKGROUND PAPERS
11.1
WP/14/01033/OUT.