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Council taken to Court of Session over fish farm decision

Alastair Salvesen
Alastair Salvesen

A campaign group which claims the planning permission for a fish farm on a Highland loch is unlawful is taking its case to the Court of Session.

A judicial review of Argyll and Bute Council’s decision to grant planning permission for the Dawnfresh trout farm at Sailean Ruadh on Loch Etive will take place next month.

The farm is one of five operated by Dawnfresh on Loch Etive, near Oban.

The review, being taken forward by the charity Friends of Loch Etive (FoLE), will be held at the Court of Session in Edinburgh from February 17-20.

Keith Macmillan, who lives beside Loch Etive and is a trustee of FoLE, said: “The planning permission was subject to an agreement between the council, the developer and the Crown Estate, which we don’t believe was lawful.

“The legal advice we have had is that we have a very good chance of winning, otherwise we wouldn’t have taken it on.

“Friends of Loch Etive don’t think it is a suitable site for fish farming. It is in one of the most beautiful parts of the loch.

“Loch Etive is a unique Scottish loch, not only because of its beauty, but because the mixture of fresh and sea water makes it a delicate environment.

“The judicial review has been on the cards for six months, at least we have got some dates now.”

He said the group, which has nearly 300 members, is funded mostly by donations.

If the court upholds the council’s decision FoLE may be liable for the local authority’s legal expenses.

Alastair Salvesen, chairman of Dawnfresh, said: “I think the probability of the planning permission being found unlawful is almost nil.

“The farm is already fully operational. There is no way we could put the fish anywhere else.

“It is a fully stocked farm now. Throughout Loch Etive we have five farms with 22 people employed. It would be a real mess if any decision to remove this was taken.

“All government departments and regulators are happy with this farm.”

A spokesman for Argyll and Bute Council said: “The council is fully committed to defending the decision of the planning, protective services and licensing committee.”

The fish farm, which consists of 10 large sea pens, was granted permission following a special hearing of the planning committee in January last year.

The controversial application attracted 587 objections and 215 expressions of support.