Public Document Pack and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate and Legal Services Director: Nigel Stewart

Lorn House, Albany Street, Oban, Argyll, PA34 4AW Tel: 01631 5679307 Fax: 01631 570379

28 August 2002

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 4 SEPTEMBER 2002 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate and Legal Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE & LEGAL SERVICES

(a) Minute of meeting of Oban Lorn and the Isles Area Committee held on 7 August 2002 (Pages 1 - 8)

(b) Report by Area Corporate Services Manager in regard to Allocation of Area Funding progress report (Pages 9 - 10)

(c) Report by Director of Corporate & Legal Services in regard to Public Charitable Trust Funds (Pages 11 - 18)

4. DEVELOPMENT & ENVIRONMENT SERVICES

(a) List of Building Warrants approved by the Director of Development & Environment Services since the last meeting (Pages 19 - 22)

(b) List of Delegated Decisions issued by the Director of Development and Environment Services since the last meeting (Pages 23 - 28)

(c) Applications for Planning Permission for consideration by the Committee (Pages 29 - 116)

(d) Applications for Financial Assistance under the Leisure Development Grants Scheme (Pages 117 - 122)

(e) Report by Development Manager in regard to Corran Halls Activities (Pages 123 - 126)

(f) Report by Area Amenity Services Manager in regard to Joint Working on Lismore (Pages 127 - 128)

5. EDUCATION

(a) Applications for financial assistance under the Education Development Grants Scheme (Pages 129 - 134)

6. HOUSING & SOCIAL WORK

(a) Report by Housing & Social Work in regard to Home Care Services (Pages 135 - 160)

7. TRANSPORTATION & PROPERTY

(a) Report by Transportation Manager in regard to Scottish Citylink Coaches Ltd., Oban - Fort William Service (Pages 161 - 162)

(b) Report by Transportation Manager in regard to Scottish Citylink Coaches Ltd., Service 975 - Oban-Tyndrum (Pages 163 - 164)

(c) Report by Director of Transportation & Property in regard to Scottish Executive Consultation on Ferry Services (documentation previously circulated)

(d) Report by Transportation Manager in regard to additional funding for road network repairs (Pages 165 - 166)

8. PUBLIC QUESTION TIME

The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government () Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.

The appropriate paragraphs are:-

Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

E1 9. CORRAN HALLS CONTRACTUAL ARRANGEMENTS

(a) Verbal progress report by Corran Halls Development Manager in regard to Contractual Arrangements

E2 10. SURPLUS PROPERTIES ACCOUNT

(a) Report by Estates Manager in regard to Surplus Properties Account (to follow)

E3 11. SITE AT GLENSHELLACH TERRACE, OBAN

(a) Report by Estates Manager in regard to site at Glenshellach Terrace, Oban (to follow)

E4 12. DUNGALLAN TEMPLE, GALLANACH ROAD, OBAN

(a) Report by Estates Manager in regard to Dungallan Temple, Gallanach Road, Oban (to follow)

OBAN, LORN & THE ISLES AREA COMMITTEE

Councillor Robin Banks Councillor Campbell Cameron Councillor Ian Gillies Councillor Allan Macaskill Councillor Alistair MacDougall (Vice-chairman) Councillor Duncan MacIntyre Councillor Donald McIntosh Councillor David Webster (Chairman)

Contact: Kenneth Macdonald or e-mail [email protected]

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ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of OBAN, LORN AND THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY 7 AUGUST 2002.

Present: Councillor David Webster (Chairman)

Councillor Robin Banks Councillor Alistair MacDougall Councillor Campbell Cameron Councillor Donald McIntosh Councillor Allan Macaskill Councillor Duncan MacIntyre

Attending: Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Derek White, Area Property Officer George Harper, Director of Development and Environment Services John McIver, Senior Planning Officer Iain Welsh, Area Amenity Services Manager Iain MacKinnon, Senior Environmental Health Officer Gwilym Gibbons, Development Manager, Corran Halls David Craig, Area Community Education Officer Moira Macdonald, Area Housing Manager Alex Taylor, Area Service Manager, Social Work Janet Buchanan, Community Care Manager Neil Brown, Assistant Area Transportation Manager Inspector David Sutherland, Strathclyde Police

Apologies: Councillor Ian Gillies

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that item 18, which was not specified in the Agenda, should be considered at this meeting as a matter of urgency because of the need for a decision to be taken prior to the next meeting.

1. DECLARATIONS OF INTEREST

Councillor McIntosh declared an interest in item 3 and took no part in the discussion thereof.

2. MINUTES

The Committee approved the following Minutes:

(a) Meeting of the Area Committee held on 3 July 2002;

(b) Meetings of the Soroba Area Development Group held on 6 June and 4 July 2002;

Prior to consideration of the following item of business Councillor McIntosh, having earlier declared his interest therein, left the meeting and took no part in the discussion thereof.

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3. LICENSING OF TAXIS

The Committee considered report dated 18 June 2002 by the Head of Legal Services seeking the Area Committee’s comments in regard to the demand for taxi services in the Oban, Lorn & the Isles area, with a view to reporting back to the Public Service and Licensing Committee to allow it to consider whether or not to commission a survey into that demand.

Decision:

Agreed that a hearing be convened to offer all taxi operators in Oban, Lorn and the Isles an opportunity to put forward their views on this matter.

(Ref: Report dated 18 June 2002 by the Head of Legal Services, submitted)

4. AREA FUNDING MONITORING REPORT

The Committee considered progress report advising of the current position in regard to expenditure on the projects previously identified in terms of the capital and revenue funding allocated to the Oban, Lorn & the Isles Area Committee for disbursement.

Decision:

Agreed:

(a) to note the report; (b) that the £1,000 allocated for the purchase of a radio for Oban Airport be reallocated to the provision of additional street lighting, Kirk Road, Dunbeg; and (c) that a detailed progress report be submitted to the Area Committee on a monthly basis.

(Ref: Progress report as at 28 July 2002, submitted)

5. STRATHCLYDE POLICE

Inspector David Sutherland advised the Committee of issues relating to the road policing strategy in the Oban, Lorn and the Isles area, and of the following crash statistics:

No.of Serious Slight Non Period Crashes Fatal Injury Injury Injury

January-June 2001 107 4 4 32 67 January-June 2002 130 1 9 22 98

6. APPLICATIONS FOR BUILDING WARRANTS AND RELAXATION OF THE BUILDING STANDARDS REGULATIONS

The Committee noted Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 22 July 2002, submitted)

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7. APPLICATIONS FOR PLANNING PERMISSION

The Committee noted applications for planning permission in respect of which delegated decisions had been made since the last meeting was submitted and noted.

(Ref: List of delegated decisions dated 22 July 2002, submitted)

The Committee also considered and dealt with the following applications for planning permission:-

Ref. No. Narrative

1. 01/01695/OUT Mr & Mrs D.Fellowes - Outline application – Site for the erection of a dwelling house - Land north of Keepers Cottage, (Plot 2), Cladich, by Dalmally. Approved, subject to (a) conditions 1-6,8 and 9 as set out in the report dated 17 July 2002 by the Head of Development and Building Control; and (b) the expansion of condition 7 to specify the requirements of the Council’s Highways Drawing No. NA32/05/2A that the access shall be surfaced in dense bitumen macadam for the first five metres from the public road.

2. 02/00169/DET Aldi Stores Ltd. and Deanway Developments Ltd. - Detailed application - Erection of Class 1 retail unit and associated car park / service area – Lynn Road, Oban. Having heard from the Senior Planning Officer and considered the report submitted:

Motion

That the application be refused for the reasons set out in the report dated 11 July 2002 by the Head of Development and Building Control.

Moved by Councillor Webster Seconded by Councillor Banks

Amendment

That the proposal be approved (a) in that the proposal will utilise a site for which there is an existing consent for retail purposes and the precedent has been set; and (b) subject to conditions to be remitted to the Chairman, Vice Chairman and Local Member in consultation with the Director of Development and Environment Services.

Moved by Councillor Cameron Seconded by Councillor McIntosh

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Decision:

The motion was carried 5 votes to 2 and the Committee resolved accordingly.

3. 02/00243/OUT Steven and Alison Watson – Outline application – Erection of house – Land south of The Haven, Gallanach, Oban. Approved, subject to the conditions set out in the report dated 8 July 2002 by the Head of Development and Building Control.

4. 02/00498/LIB Patricia O’Neil – Listed Building application – Change of roof covering from thatch to felt – Thatched Cottage, Kenovay, Isle of Tiree. Refused for the reasons set out in the report dated 25 June 2002 by the Head of Development and Building Control.

5. 02/00665/DET Mr G.Mackechnie – Detailed application – Conversion of pavilion and erection of self catering chalets to form holiday village – Amended proposal to 01/00515/DET – Ganavan Pavilion, Ganavan Road, Oban. Having heard from the Senior Planning Officer in regard to the terms of a further representation received, it was agreed that the application be approved, subject to (a) conditions 1,2,5 and 6 set out in the report dated 16 July 2002 by the Head of Development and Building Control; (b) the amendment of condition 3 to ensure the maintenance of the landscaped areas for a period of ten years; and (c) the amendment of the final sentence of condition 4 to read ‘Such details shall include full details of the location, type, angle of direction and wattage of each light, which shall be so positioned and angled downwards to prevent any glare or light spillage outwith the site boundary’.

6. 02/00713/DET Mrs E.Detiger – Detailed application – Alteration and extension to dwelling house – Highland Cottage, Isle of . Having heard from the Senior Planning Officer in regard to the terms of a further representation received, it was agreed that the application be approved, subject to the conditions set out in the report dated 8 July 2002 by the Head of Development and Building Control.

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7. 02/00773/REM Mrs and Mrs Gillies – Reserved matters application – Erection of a dwelling house and installation of septic tank – Land west of Dunoran, North Connel. Approved, subject to (a) conditions 1-4 as set out in the report dated 17 July 2002 by the Head of Development and Building Control; and (b) the expansion of condition 5 to specify the requirements of the Council’s Highways Drawing No. NA32/05/2A that the access shall be surfaced in dense bitumen macadam for the first five metres from the public road.

8. 02/01043/COU D.Kirsop and Sons – Change of use of workshop to form three dwellings – Fletcher Terrace, Port Mor, Main Street, Tobermory, . Refused for the reasons set out in the report dated 26 June 2002 by the Head of Development and Building Control.

8. PLANNING APPLICATION REF 02/00653/DET – ARGYLL PROPERTIES (SCOTLAND) LTD – ERECTION OF 4 RESIDENTIAL FLATS – LAND EAST OF EAS BRAE, TOBERMORY, ISLE OF MULL

There was submitted, and approved, note in connection with site inspection hearing held on 25 July 2002 in regard to an application for detailed planning permission for the erection of 4 residential flats on land east of Eas Brae, Tobermory, Isle of Mull, at which it was agreed to continue consideration of the application to this meeting to allow the Area Transportation Manager to submit a report in regard to his detailed requirements in road safety terms.

Having heard from the Senior Planning Officer in regard to the terms of further representations received, and having considered Supplementary Report No.2 dated 6 August 2002 by the Head of Development and Building Control incorporating the views of the Area Transportation Manager, it was agreed that the application be approved, subject the conditions set out in the aforementioned report.

(Ref: Report dated 6 August 2002 by the Head of Development and Building Control, submitted)

9. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANTS SCHEME.

The Committee considered applications from voluntary organisations for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

Scottish Ballet Performance – £ 146,591 Grant of £ 250 Corran Halls – 10 September 2002

Coll Community Two days of arts, £ 1,990 Grant of £ 500 Learning Forum crafts and sports activities for young residents and visitors on Coll

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Total £ 750

(Ref: Report by the Development Manager, Corran Halls submitted)

10. JOINT WORKING ON LISMORE

The Area Amenity Services Manager having been called away from the meeting to deal with an urgent operational issue, it was agreed that this matter be continued to the next meeting.

11. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANTS SCHEME.

The Committee considered applications from voluntary organisations for financial assistance under the Education Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

Salen Youth Club Let charges and £ 467.18 Grant of £ 233.50 purchase of equipment

12. MONITORED DOSAGE SYSTEMS AND PAYMENTS

With reference to an issue raised by a member of the public during question time at the last meeting there was submitted report dated 26 July 2002 by the Community Care Manager in regard to charges for monitored dosage systems and payments to pharmacists.

Decision:

Agreed that the Manager of the Lorn & Isles Local Health Care Co-operative be invited to attend the next meeting to expand on this issue.

(Ref: Report dated 26 July 2002 by the Community Care Manager, submitted)

13. WILLOWVIEW REDEVELOPMENT

There was submitted report dated 12 July 2002 by the Director of Housing and Social Work in regard to proposals for the redevelopment of Willowview House to offer an integrated service with Primary Health, Mental Health and Social Work, which all form part of the Joint Future Agenda.

Decision:

Agreed:

(a) to approve, in principle, the proposal for the redevelopment of Willowview House; and (b) that the proposed centre be known as The Willowview Community Care Centre.

It was further agreed that Members be provided with detailed costings of the proposals.

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14. ADDITIONAL FUNDING FROM THE SCOTTISH EXECUTIVE FOR ROAD NETWORK REPAIRS

There was submitted report by the Area Transportation Manager in regard to proposals for expenditure of £360,000, being the sum allocated to the Oban, Lorn and the Isles area from the additional funding made available by the Scottish Executive. The Strategic Policy Committee had allocated £1.2m for road repairs and improvements.

Decision:

Agreed to approve the list of projects contained in the report, with the exception of scrub cutting to road verges on Mull and the mainland (£40,000) in respect of which a report is to be submitted to the next meeting in regard to utilisation of this funding. It was further agreed that further information be provided on the length of road A816 Oude Hill to be surfaced.

(Ref: Report by the Area Transportation Manager, submitted)

15. CHARGING AT REMOTE PIERS

There was submitted, and noted, report by the Area Transportation Manager in regard to progress being made to instigate a regime for collecting pier dues at the remote piers in the Oban, Lorn and the Isles area.

Arising from this it was agreed that Members be provided with the actual income figures for each pier.

(Ref: Report by the Area Transportation Manager, submitted).

16. PUBLIC QUESTION TIME

Mr C.J.Hughes Expressed concern that it had come to his attention that there are proposals for the redevelopment of the Luing ferry slipway which would encroach onto his land, but he had not been consulted in this regard. Having been advised by the Area Transportation Manager that he was unaware of any such proposals it was agreed to invite the Director of Transportation & Property Services to attend the next meeting to clarify the position.

Mr C.J.Hughes Asserted there are a number of errors within the Council’s Luing Ferry timetable publication. The Area Transportation Manager was instructed to submit a report to the next meeting responding to this assertion, including costs of production of the timetable.

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that consideration of these items was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

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17. CORRAN HALLS, OBAN - CONTRACTUAL ARRANGEMENTS

The Committee considered, and noted, report by the Head of Economic Development, Tourism and Leisure in regard to building development works at the Corran Halls, Oban. Arising from this it was agreed that a progress report be submitted to the next meeting.

(Ref: Report by the Head of Economic Development, Tourism & Leisure, submitted.)

18. PROPOSED DESIGNATION OF CNUIC AGUS CLADACH MHUILE (MULL HILL AND COAST) AS A SPECIAL PROTECTION AREA

There was submitted report by the Head of Development and Building Control in regard to advice received from Scottish Natural Heritage that it is considering the designation of Cnuic agus Cladach Mhuile (Mull Hill and Coast) as a Special Protection Area.

Decision:

Agreed to advise Scottish Natural Heritage that the Council has no objections to the proposed designation and that there are no extant planning permissions, or other consents, which affect the proposed area.

19. OBAN AIRPORT

There was submitted, and approved, Minute of meeting of the Oban Airport Member / Officer Working Group held on 3 July 2002.

20. FORMER ROADS DEPOT, KIRK ROAD,DUNBEG

The Committee considered, and approved, report dated 25 July 2002 by the Director of Corporate & Legal Services in regard to the current status of the former Roads Depot, Kirk Road, Dunbeg.

(Ref: Report dated 25 July 2002 by the Director of Corporate & Legal Services, submitted.)

21. ENFORCEMENT ACTION

The Committee considered issues of enforcement action as follows:

Reference Decision

99/00107/ENF Agreed the terms of the report.

02/00042/ENF Agreed the terms of the report.

02/00079/ENF Agreed the terms of the report.

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ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE CORPORATE & LEGAL SERVICES 4 SEPTEMBER, 2002 PUBLIC CHARITABLE TRUST FUNDS

As Members will be aware the Area Committee is responsible for the administration of trust funds whose purposes require funds to be applied within the geographical area of the Committee.

I indicated in my report to the Committee on 8 August,2001 that I would bring forward proposals for reorganising the trust funds. The purpose of this report is to set out these proposals.

1. RECOMMENDATIONS

1.1 Winding up/Termination of Trusts Appendix I details those Trust funds which it is considered should be wound up in terms of Section 11 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 where any public trust has an annual income not exceeding £1000, which states where the trustees have resolved unanimously that having regard to the purposes of the trust, the income of the trust is too small to enable the purposes of the trust to be achieved and are satisfied that there is no reasonable prospect of a transfer of the trust fund or that the expenditure of the capital is more likely to achieve the purposes of the Trust, they can proceed to expend the capital subject to the proposal being advertised and notification to the Lord Advocate. The Lord Advocate may within a 2 month period prevent the desired expenditure if he considers that there are insufficient grounds for the expenditure of the capital. It is proposed that in each of the Trusts referred to in Appendix I the Members of the Area Committee should recommend to the Council to resolve accordingly.

2. ALTERING TRUST PURPOSES

2.1 Mrs Catherine Handford or Mellor (TF60)

Capital £53,220.64 at 31/03/02. Interest received in 2001/02 £2,218.59

The original bequest of £1700 was to be applied in providing annuities of not less than £10 and not more than £15 for respectable and well deserving widows without children and worthy of assistance. £1000 was also bequeathed the interest of which has to be applied to the Oban Branch of the Queen Victoria Jubilee Institute for Nurses. The bequest was made in 1915. The passage of time has meant that the annuities to be paid out of the fund are of little value today. It is considered that the monetary limit on annuities paid out means that the bequest has ceased to provide a suitable and effective method of using the property under the trust.

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Members will note that the class of beneficiary under this bequest is fairly narrow and in itself may fail to provide a suitable and effective method of using the monies available. Members may wish to consider whether the class of beneficiary should be altered and thereby provide for a wider application of funds. Any alteration must however not result in purposes not so dissimilar in character to the original purposes that the alteration could be regarded as an unreasonable departure from the spirit of the bequest. Further the Trustees must consider that such a modification is required to enable the resources of the trust to be applied to better effect consistently with the spirit of the trust deed. If members are minded to consider an alteration to the purposes of the bequest then it is considered that the Director of Housing and Social Work and any other appropriate agencies be consulted for their views.

In terms of Section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 it is competent to modify the trust purposes by passing a resolution that the trust deed be modified wherever a majority of the Trustees are of the opinion that the purposes of the trust were expressed by reference to a class of person or area which ceased to be suitable or appropriate for the trust. Any such resolution requires to be advertised and would be effective two months after it has been so advertised. The Lord Advocate also requires to be notified and has the power to intervene if it appears to him that the proposed variation should not go ahead. Any such resolution would require to be made by the full Council in terms of the delegation made to the Area Committee.

3. AMALGAMATING TRUST FUNDS

3.1 MacKinnon Ledingham Bequest (TF08)

Capital £7,420.31 at 31/3/02. Interest received in 2001/02 £275.98 Purpose: Relief of aged etc

Members may wish to consider recommending to the Council that this Trust be amalgamated with the MacDougall Trust referred to in paragraph 1 of Appendix II.

3.2 In terms of Section 10 (1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 where a majority of the Trustees of any public trust having an annual income not exceeding £5,000 are of the opinion

(a) that the purposes of the trust either in whole or in part have been fulfilled so far as it is possible to do so or can no longer be given effect to or (b) that the purposes of the trust provide a use for only part of the property available under the trust or

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(c) that the purposes of the trust were expressed by reference to an area which has ceased to have effect for the purpose described in the trust document or a class of persons or area which has ceased to be suitable or appropriate having regard to the spirit of the trust or

(d) that the purposes of the trust whether in whole or in part have been adequately provided for by other means or ceased to be such as would enable the trust to become a recognised body or ceased in any other way to provide a suitable and effective method of using the property available under the trust having regard to the spirit of the trust deed

then the Trustees may determine in terms of Section 10 (2) that to enable the resources of the Trust to be applied to better effect consistently with the spirit of the trust deed that

(a) a modification of the trust purposes should be made (b) the whole assets should be transferred to another public trust or (c) that the trust should be amalgamated with one or more public trusts.

3.3 If the trustees agree to either transfer the assets or amalgamate the trust with another trust they have to ensure that the purposes of the trust will not be so dissimilar in character to those of the trust to which the resolution relates as to constitute an unreasonable departure from the spirit of the trust deed.

3.4 They must also have regard to the circumstances of the locality where the trust purposes relate to a particular locality, and obtain revenue clearance, and ascertain that the trustees of the trust with which it is either proposed to transfer funds or amalgamate are in agreement with the proposals.

3.5 It is also necessary to consult the Inland Revenue to ensure that the trust could continue to be granted exception from tax if transferred.

3.6 If Members are so minded they can recommend to the full Council that consideration be given to a resolution that the trust assets be transferred or amalgamated with another trust if they are satisfied in terms of 3.2 to 3.6.

3.7 If such a recommendation was made it would be necessary to consult the Charities Office and Inland Revenue and thereafter referred to the full Council for consideration of the proposals in order that it can decide whether to resolve accordingly. If the Council agree to resolve then the proposal would require to be advertised by the Council. The Lord Advocate can intervene during a two month period and prevent the transfer of assets if it appears to him that the proposed variation should not go ahead. Any variation would be effective if not challenged two months after the resolution has been properly advertised.

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4. Appendix II details those trust funds which remain capable of being administered.

Consideration should be given by the Members as to how best to achieve the Trust purposes and a further report will be given to Members once the views of the appropriate Departments have been obtained.

5. IMPLICATIONS

5.1 Policy: None

Financial: If the Council resolve to transfer the assets then the funds would transfer to the Departments referred to in the report.

Personnel: None

Equal Opportunity: None

SUSAN MAIR Head of Legal Services

For further information contact: Sheila MacFadyen Tel: 01546 604198

9765b Jun02

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APPENDIX I – TERMINATED/WOUND UP TRUSTS

1. KILMORE AND KILBRIDE FUND (TF33)

Capital £139.65 at 31/03/02. Income received in 2001/02 £15.13

Purposes: Grass cutting Kilbride Churchyard.

The Trust purposes are too narrow to allow amalgamation with another Trust. The ownership of the burial ground is in dispute. It is therefore recommended that consideration be continued until the matter is resolved.

2. JAMES McKECHNIE’S TRUST (TF38)

Capital £61.89 at 31/03/02. Income received in 2001/02 £2.58

Purposes: Upkeep of family headstones and lairs, Pennyfuir.

The Trust purposes are too narrow to allow amalgamation with another Trust. It is therefore recommended that the Trustees resolve to expend the capital in terms of Section 11 by donation to Development and Environmental Services on the basis that the monies be expended on the McKechnie family headstones and lairs at Pennyfuir Cemetery.

3. DUGALD MACPHAIL MEMORIAL FUND (TF43)

Capital £304.59 at 31/03/02. Income received in 2001/02 £12.70.

Purposes: Maintenance of memorial situated near Lochbuie Mull.

The Trust purposes are too narrow to allow amalgamation with another trust. It is therefore recommended that the Trustees resolve to expend the capital in terms of Section 11 by donation to Development and Environmental Services on the basis that the monies be expended on the maintenance of the cairn commemorating Dugald MacPhail situated near Lochbuie, Isle of Mull.

4. MISS MARY ANN MACNIVEN’S TRUST (TF39)

Capital £490.76 at 31/03/02. Income received in 2001/02 £24.82.

Purposes: Upkeep of family lairs, Tiree.

The Trust purposes are too narrow to allow amalgamation with another Trust. It is therefore recommended that the trustees resolve to expend the capital in terms of Section 11 by donation to Development and Environmental Services on the basis that the monies be expended on the maintenance of her two family lairs in Tiree burial ground.

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5. MISS CHRISTINA MCKAY’S TRUST (TF37)

Capital £1,085.24 at 31/03/02. Income received in 2001/02 £49.56

Purposes: Income to be used to upkeep graves aftermentioned.

The Trust purposes are too narrow to allow amalgamation with another Trust. It is therefore recommended that the Trustees resolve to expend the capital by donation to Development and Environmental Services on the basis that the monies be expended on the maintenance of the graves of McKays of Glenure, Fasnacloich and those McIntyres of Duror and her sisters all within Achnaba Churchyard.

6. FLORA MacLUCAS BEQUEST (TF12)

Capital £1,675.20 at 31/03/02. Income received in 2001/02 £69.83

Purposes: Benefit of Dunaros, Salen, Isle of Mull.

To expend the capital by donation to Housing and Social Work on the basis that the monies be expended for purposes that benefit Dunaros, Salen, Isle of Mull.

7. MacGILLIVRAY BEQUEST (TF6)

Capital £530.42 at 31/03/02. Income received in 2001/02 £23.22

Purposes: Benefit of sick and poor Kilninver and Kilmelford.

The Trust purposes are too narrow to allow amalgamation with another Trust. It is therefore recommended that the Trustees resolve to expend the capital in terms of to be expended by donation to Housing and Social Work on the basis that the monies be expended for the benefit of any sick or poor persons in the former Parish of Kilninver and Kilmelford.

8. COLLECTION BY OBAN TOWN COUNCIL TO SUPPLY COAL FOR THE POOR (TF63)

Capital £2,357.42 at 31/03/02. Interest received in 2001/02 £98.27

Purpose: Collection by Oban Town Council to supply coal for the poor.

The Trust purposes are too narrow to allow amalgamation with another trust other than the trust other than Mrs Evangeline MacDonald bequest referred to below and even if these two funds were amalgamated the income of the two trusts is too small to enable the purposes of the trust to be achieved, It is therefore recommend that the Trustees resolve in terms of Section 11 to expend the capital by donation to the Housing and Social Work Department on the basis that the monies be expended for the purpose of assisting those people in Oban, who are suffering financial hardship, in paying their domestic heating costs.

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9. MRS EVANGELINE MacDONALD BEQUEST (TF65)

Capital £697.10 at 31/03/02. Interest received in 2001/02 £29.06

Purpose: Coal for the poor in Oban.

As in the case of No. 8 the trust purposes are too narrow and even if this fund was amalgamated with No. 8 the income of the two trusts is too small to enable the purposes of the trust to be achieved. It is therefore recommended that the Trustees resolve in terms of Section 11 that the capital be expended by donation to the Housing and Social Work Department on the basis that the monies be expended for the purpose of assisting these people in Oban who are suffering financial hardship in paying their domestic heating costs.

10. ARCHIBALD DOW (TF13)

Capital £1,431.28 at 31/03/02. Interest received in 2001/02 £59.67

Purpose: Distribute to poor, Taynuilt.

The Trust purposes are too narrow to allow amalgamation with another Trust and the income is too small to enable the purposes of the trust to be achieved. It is therefore recommend that the Trustees resolve in terms of Section 11 to expend the capital by donation to the Housing and Social Work on the basis that the monies be expended for the purpose of assisting the poor in Taynuilt.

11. LAMONT BEQUEST (TF05)

Capital £4,143.99 at 31/03/02. Interest received in 2001/02 £174.34

Purpose: Benefit of poor, Kilmore.

The Trust purposes are too narrow to allow amalgamation with another Trust and the income is too small to enable the purposes of the Trust to be achieved. It is therefore recommended that the Trustees resolve to expend the capital in terms of Section 11 by donation to Housing and Social Work on the basis that the monies be expended for the benefit of the poor in Kilmore.

12. MISS M M CAMERON’S BEQUEST (TF11)

Capital £334.26 at 31/03/02. Interest received in 2001/02 £13.93.

Purposes: Bequest to Eventide Home, Salen, Isle of Mull.

The Trust purposes are too narrow to allow amalgamation with another trust and the income too small to enable the purposes of the Trust to be achieved. It is therefore recommended that the Trustees resolve to expend the capital in terms of Section 11 by donation to Dunaros and Salen Sick bay, Salen, Isle of Mull

Page 18

APPENDIX II

TRUSTS STILL TO BE ADMINISTERED NO ALTERATION OF TRUST PURPOSES/AMALGAMATION RECOMMENDED.

1. MACDOUGALL TRUST (TF10)

Capital £444,507.39 at 31/03/02. Income received in 2001/02 £18,534.21

Purpose: To provide Eventide Home on Ross of Mull.

2. JOHN OF LORN BEQUEST (TF14)

Capital £17,612.66 AT 31/03/02. Interest received in 2001/02 £734.21

Purpose: Income to be disbursed by the Council for the poor persons in Oban Burgh.

3. CATHERINE McCAIG MEMORIAL FUND (TF19)

Capital £6,493.72 at 31/03/02. Income received in 2001/02 £270.70

Purpose: Income to be applied towards maintenance of McCaig Memorial.

4. McCAIG TRUST (TF61)

Capital £41,270.11 at 31/03/02. Income received in 2001/02 £2,298.09

Purpose: Towards cost of library, museums and institute for benefit and use of inhabitants of Oban.

5. MISS AGNES ANGUS BEQUEST (TF64)

Capital £42,462.34 at 31/03/02. Income received in 2001/02 £1,770.11

Purpose: for purposes of public utility and for benefit and advantage of community of Oban.

6. ROBERT McFIE’S TRUST (TF62)

Capital £4,226.93 at 31/03/02. Income received in 2001/02 £181.25

Interest to provide Dux Scholar, Oban High School with MacFie Gold Medal.

This is administered by the Education Service on an annual basis.

SMF/CM/9765b(June02)

Page 19 Argyll and Bute Council Agenda Item 4a Development and Environment Services

BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE DATE TYPE

0101551STG M F I Properties 08/10/01 10/10/01 31/07/02 WARAPP

Erection of an industrial unit : Stage 3 : internal fitting out

10B Sinclair Drive Oban Argyll PA34 4DR

0200058EXT Mrs M Beaton 27/12/01 16/01/02 29/07/02 WARAPP

Extension to provide inside washing and sanitation facilities.

Rhuda Na Cruban Isle Of Mull PA67 6DN

0200329ERD Miss S Nicholson And Mr A W Inson 26/02/02 06/03/02 14/08/02 WARAPP

Alterations and change of use to form dwellinghouse

Carraig Thura Lochawe Dalmally Argyll PA33 1AF

0200362ALT Mr Robert William Stickland 27/02/02 09/05/02 29/07/02 WARAPP

Alteration to existing building

Myrtle Bank Mannal Scarinish Isle Of Tiree PA77 6UB

0200481EXT Mr & Mrs R Pearson 20/03/02 22/03/02 07/08/02 WARAPP

Proposed sunlounge extension

4A Colonsay Terrace Soroba Oban Argyll PA34 4YL

0200620ERD Dromedary Ltd 15/04/02 23/04/02 29/07/02 WARAPP

Erection of a dwelling

Land South East Of Church Isle Of Coll

0200648EXT Alasdair MacPhail 18/04/02 18/04/02 30/07/02 WARAPP

Rear extension to house

2 Shore Street Balemartine Scarinish Isle Of Tiree PA77 6UA

0200756ERC Anne Walters 08/05/02 13/05/02 07/08/02 WARAPP

Erection of conservatory

Myrtle Cottage Salen Isle Of Mull PA72 6JB

0200961ERD Mr Matthew Reade 06/06/02 18/06/02 07/08/02 WARAPP

Erection of dwelling house

Land East Of Calgary Farmhouse Calgary Tobermory Isle Of Mull

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superseeded by new Building Warrant

15 August 2002 Page 1 of 3 Page 20 Argyll and Bute Council Development and Environment Services

BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE DATE TYPE

0200974AO Mr Clark Campbell 14/06/02 20/06/02 09/08/02 WARAPP W Extension to dwelling

Hillside Connel Oban Argyll PA37 1PH

0201046EXT Mr And Mrs Menzies 27/06/02 02/07/02 09/08/02 WARAPP

Garage conversion to form bedroom and extension to porch

Corrielorn Farm Kilninver Oban Argyll PA34 4UX

0201086ALT Prof A.D. Bruce 03/07/02 05/07/02 29/07/02 WARAPP

Installation of Septic Tank

Dun-Nan-Gall Tobermory Isle Of Mull PA75 6QS

0201098AO Mr D MacGregor 04/07/02 08/07/02 29/07/02 WARAPP W Erection of dwelling house - amendment from elect to oil central heating Land North Of Ardconnel Farm Ardconnel Connel Oban Argyll

0201102ALT Mr Ian Cleaver 05/07/02 08/07/02 07/08/02 WARAPP

Internal alterations to existing bedrooms and forming en-suite bathrooms/toilet shower rooms Dalmally Hotel Dalmally Argyll PA33 1AY

0201138ALT Strathclyde Joint Police Board 09/07/02 12/07/02 29/07/02 WARAPP

Installation of oil fired boilder in place of existing back boiler

Police House Isle Of Mull

0201147ALT Mrs R J Conran 10/07/02 10/07/02 31/07/02 WARAPP

Internal alterations

11 Benmore View North Connel Oban Argyll PA37 1SN

0201180ALT Oban Times Ltd 17/07/02 19/07/02 14/08/02 WARAPP

Alterations to Surgery/Office Premises

Oban Times Buildings Corran Esplanade Oban Argyll PA34 5PX

0201206ALT Carol Anne Varley 19/07/02 25/07/02 14/08/02 WARAPP

Installation of Septic Tank (6 Persons)

Old Schoolhouse Port Appin Appin Argyll PA38 4DE

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superseeded by new Building Warrant

15 August 2002 Page 2 of 3 Page 21 Argyll and Bute Council Development and Environment Services

BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE DATE TYPE

0201215AO Mrs Elizabeth Elphik 23/07/02 26/07/02 31/07/02 WARAPP W Amended proposal - Loft conversion

1 Calgary Cottages Calgary Tobermory Isle Of Mull PA75 6QT

0201224ALT West Highland Housing Association Limited 24/07/02 29/07/02 07/08/02 WARAPP

Refurbishment of 16 flats

1 Burnside Court Miller Road Oban Argyll PA34 4DL

0201229AO Brian Smith 25/07/02 30/07/02 31/07/02 WARAPP W Amended proposal - Formation of en-suite in existing bedroom

Craigdarroch Polvinister Road Oban Argyll PA34 5TN

0201238ALT Mr James Opray Murphy 26/07/02 29/07/02 30/07/02 WARAPP

Erection of a conservatory and installation of central heating boiler and dtl storage tank (external) 5 Dalavich Taynuilt Argyll PA35 1HN

0201242AO Blackmount Estates 26/07/02 01/08/02 WARWIT W Amended proposal - Erection of dwelling

Inveroran Hotel Bridge Of Orchy Argyll PA36 4AQ

0201255ALT Mr A Cakebread 29/07/02 09/08/02 13/08/02 WARAPP

Alterations and erection of platform

Strathallan Benvoullin Road Oban Argyll PA34 5EF

0201292ALT Director Of Housing And Social Work 06/08/02 06/08/02 07/08/02 WARAPP

Alteration to pedestrian access arrangements and provision of on-site parking 4 Edendonich Dalmally Argyll PA33 1AU

0201336AO Sir Raymond And Lady Johnstone 13/08/02 13/08/02 14/08/02 WARAPP W Amendment to warrant 01/00615/ERD

The Eyebrow Caoles Scarinish Isle Of Tiree

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superseeded by new Building Warrant

15 August 2002 Page 3 of 3 Page 22 Page 23 Argyll and Bute Council Agenda Item 4b Development and Environment Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE

OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

0201341NMA Mr S Hogg 31/07/02 08/08/02 NOO

Plot 3 Achnacreebeag North Connel Oban Argyll

Non Material Amendment for Change in External Finishes to 00/00314/DET 0201307DET Scottish Water 22/07/02 29/07/02 PDD

Land North Of Junction Of Queens Park Place And George Street Oban Argyll GRP kiosk for telemetry

0201287DET Milton Harbour Association 22/07/02 08/08/02 PER

Navigation Marks At Milton Harbour Milton Caoles Scarinish Isle Of Tiree Erection of Navigation Marks

0201276DET Bernard Smith 18/07/02 08/08/02 PER

Atlantic House 1A West Hynish Scarinish Isle Of Tiree PA77 6UF Erection of Store/Garage

0201265DET Mr And Mrs A Pearson 22/07/02 30/07/02 PER

14 Creran Gardens Soroba Oban Argyll PA34 4JU

Alterations to form Extension to Dwelling House

0201264NMA Booker Cash And Carry Limited 22/07/02 30/07/02 PRE

Land West Of J Forteith Glenshellach Road Oban Argyll

Non Material Amendment to 02/00282/DET for Revised Position of Sprinkler Tank and Pump House 0201263DET Co-Operative Bank 17/07/02 08/08/02 PER

Superstore Soroba Road Oban Argyll PA34 4HY

Installation of 1 Metre Diameter Satellite Dish

0201262DET John Chapple 15/07/02 08/08/02 PER

Staffa Cottages Guest House Cottages Tobermory Isle Of Mull PA75 6PL Alterations of Flat Roof Dormers to Pitched Roof Dormers

0201219DET R A Gordon-Duff 09/07/02 08/08/02 PER

Land South West Of Corrie Port Appin Appin Argyll

Erection of dwelling house

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

15 August 2002 Page 1 of 5 Page 24 Argyll and Bute Council Development and Environment Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE

OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

0201205DET Scottish Power PLC 05/07/02 08/08/02 PER

Cruachan Power Station Lochawe Dalmally Argyll PA33 1AN Renewal of Temporary Consent 96/00776/DET- Formation of Contractors Compound 0201201OUT John Wilson Associates 17/07/02 08/08/02 PER

Gribun Hough Scarinish Isle Of Tiree PA77 6XE

Site for the Erection of Dwelling House

0201195DET North Lanarkshire Council 04/07/02 08/08/02 PER

Kilbowie Residential Education Centre Gallanach Road Oban Argyll PA34 4PE Erection of Extension to Outdoor Centre

0201170DET Mr + Mrs D Smart 01/07/02 30/07/02 PER

Forest Bank Taynuilt Argyll PA35 1JE

Installation of Oil Fired Boiler + Oil Tank

0201166OUT Mr R Kirsop 01/07/02 30/07/02 PER

Land North West Of Craigspur Terrace Craigspur Lane Tobermory Isle Of Mull Renewal of Outline Planning Permission (ex 99/00841/OUT) - Site for the Erection of Two Dwelling Houses 0201149DET Argyll College 28/06/02 30/07/02 PER

Land North Of Dunstaffnage Marine Research Laboratory Dunbeg Oban Argyll Erection of New Nursery Building

0201115DET Mr And Mrs R McDougall 26/06/02 30/07/02 PER

23 Lonan Drive Soroba Oban Argyll PA34 4NN

Extension to house and re-siting of garage

0201114REM Ms Penny Dixon 26/06/02 30/08/02 PER

1 Keil Crofts Benderloch Oban Argyll PA37 1QS

Erection of dwelling house, installation of septic tank and soakaway - Approval of Reserved Matters 01/00149/OUT 0201106DET Mr T Mcintyre And Miss T Donovan 24/06/02 30/07/02 PER

Birch Cottage Barcaldine Oban Argyll PA37 1SG

Erection of dwelling and demolition of existing dwelling

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

15 August 2002 Page 2 of 5 Page 25 Argyll and Bute Council Development and Environment Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE

OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

0201105DET Mr And Mrs K Harrower 24/06/02 30/07/02 PER

The Nook Duncraggan Road Oban Argyll PA34 5DU

Upper floor extension

0201104ADV Oban War & Peace Museum 13/06/02 08/08/02 PER

Columba Building North Pier Oban Argyll

Erection of Signage for Oban War _ Peace Museum

0201103PNAGRI Ms Ann Lindsay Hutchinson 05/07/02 08/08/02 NOO

Leob Croft Bunessan Isle Of Mull

Erection of Agricultural Building

0201102DET Brown And Watkins 24/06/02 30/07/02 PER

Cove Victoria Street Tobermory Isle Of Mull PA75 6PH

Alterations to doors, windows, porch and building colour

0201098PNAGRI Mr Archie M Brown 04/07/02 08/08/02 PER

1 Kilkenneth Scarinish Isle Of Tiree PA77 6XF

Erection of Implement Shed

0201093OUT James Gibbons Esq 17/06/02 30/08/02 PER

Land South Of 6 Ardmore Road Salen Isle Of Mull

Erection of Semi-Detached Dwelling Houses (2)

0201088DET Mr Robert William Stickland 18/06/02 30/07/02 PER

Myrtle Bank Bothy Mannal Scarinish Isle Of Tiree

Renovation of ruined bothy

0201084COU Suzanne Pole And Mark McPhillips 18/06/02 30/07/02 PER

Dun-Na-Mara Benderloch Oban Argyll PA37 1RT

Change of use to Guest House

0201052WGS Mr R Nicholson 12/06/02 30/08/02 NOO

Woodland Grant Scheme, Kilninver Estate, Loch Charn Kilninver Oban Argyll Woodland Grant Scheme

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

15 August 2002 Page 3 of 5 Page 26 Argyll and Bute Council Development and Environment Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE

OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

0201050DET Mr And Mrs Reid 18/06/02 30/07/02 PER

Land North West Of The Lodge Erray Road Tobermory Isle Of Mull Erection of two dwelling houses

0201049DET Mr Matthew Reade 10/06/02 30/07/02 PER

Land East Of Calgary Farmhouse Calgary Tobermory Isle Of Mull Erection of dwelling house

0201037REM Mr Glyn Forster 13/06/02 30/07/02 PER

Northern Plot The Paddock Kentallen Farm Aros Isle Of Mull

Approval of reserved matters - 00/00763/OUT (Erection of Dwelling House) 0201031DET Ms Tina Jordan 18/06/02 30/07/02 PER

55 Easdale Island Oban Argyll PA34 4TB

Extension to Dwelling House

0200932COU Martin-Neave Holland 05/06/02 08/08/02 PER

The Laundry Stevenson Street Oban Argyll

Change of Use class 4 to class 1

0200769REM Mr Glyn Forster 25/04/02 10/07/02 PER

Land South West Of Aros Mains House Aros Isle Of Mull

Erection of Two Dwelling Houses

0200682DET Mr & Mrs MacNeil 17/04/02 30/08/02 PER

Land South Of Mo Dhachaidh Taynuilt Argyll

Erection of Dwelling House and 6 Metre Mast

0200549LIB Damon Powell 26/03/02 24/07/02 PER

Bonawe House Taynuilt Argyll PA35 1JQ

Reopen internal archway to connect ground and first floors 0200496DET Mr D A MacDonald & Mrs A C MacDonald 19/03/02 22/07/02 PER

The Coal Ree Ellenabeich Easdale Oban Argyll

Erection of Dwelling House and Demolition of Part of Stone Wall

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

15 August 2002 Page 4 of 5 Page 27 Argyll and Bute Council Development and Environment Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE

OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

0200415DET L And S Swift 06/03/02 31/07/02 PER

Land At Ardachy Cottage Bunessan Isle Of Mull

Erection of Dwelling House

0200380DET Petard Investments Ltd 04/03/02 08/08/02 PER

Glenfeochan House Kilmore Oban Argyll PA34 4QR

Formation of Lake and Flood Prevention Bunds

0200224DET Mrs Jessie Turnbull 14/02/02 08/08/02 WDN

Land At Rear Of Raniven Strathaven Terrace Breadalbane Street Oban Argyll PA34 5PE Erection of Dwelling House

0200197OUT Mr I Alexander 31/01/02 30/07/02 PER

Land North West Of Quarry Garage Kilchrenan Taynuilt Argyll Site for the Erection of 2 Dwelling Houses and Revised Access and Servicing 0200120DET John F And Catherine M Paterson 23/01/02 24/07/02 PER

The Manse Dalmally Argyll PA33 1AS

Alterations + Extension to Dwelling House and Outbuilding, and Erection of Double Garage

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

15 August 2002 Page 5 of 5 Page 28 Page 29 Agenda Item 4c

______

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES DEVELOPMENT & ENVIRONMENT SERVICES AREA COMMITTEE 4 SEPTEMBER 2002 ______

PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE ______

Reference No. Narrative

1 02/00726/DET Norman MacDonald – Erection of a dwellinghouse, land south east of Sunart View Guest House, Tobermory, Isle of Mull

2 02/00819/DET Mr C MacNiven – Erection of 2 dwellinghouses – Land adjacent to Mossfield Cottage, Glencruitten Road, Oban

3 02/01048/OUT Mrs Jessie Martin - Outline application - Site for the erection of a dwellinghouse, Matheson Croft, Port Appin

4 02/01070/OUT Argyll Properties - Outline application – Site for the erection of 4 dwellinghouses, Raeric Road, Tobermory, Isle of Mull

5 02/01082/OUT Mr Robin Sargeant – Site for the erection of a dwellinghouse and commercial shed, Achamore, Bunessan, Isle of Mull

6 02/01220/OUT Mr & Mrs Gunn - Outline application – Site for the erection of a dwellinghouse, Land adjacent to Cala Sona, Appin

7 02/01244/DET Dr J Hargreaves, Scottish Water – Construction of waste water pumping station, lay-by and ancillary works, Ganavan Road, Oban

8 02/01076/MFF Forera Ltd – Modification of shellfish farm, Sgier Lag Choan, Loch Etive

9 02/01228/MFF Muckairn Mussels Ltd – Modification of shellfish farm, Sailean Ruadh, (Muckairn), Loch Etive

F:\moderngov\Data\AgendaItemDocs\8\2\7\AI00004728\PlanningList00.doc Page 30 Page 31

DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 8th May 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

19th August 2002

Reference Number: 02/00726/DET Applicants Name: Norman MacDonald Application Type: Detailed Application Application Description: Erection of a dwellinghouse Location: Land South East of Sunart View Guest House, Tobermory, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse. • Extension to public road, formation of turning head and formation vehicular access.

Other Specified Operations.

• Connection to the public water main. • Connection to the public sewer.

(B ) RECOMMENDATION

The proposal is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

• Housing Policy

As Members will be aware the Mull, Coll & Tiree Local Plan seeks to restrict uncoordinated housing development on the periphery of Tobermory, in the interest of conserving the existing landscape setting of the town and in order to ensure that future public infrastructure provision is implemented in an efficient manner. To this end, the Council has identified a zone around Tobermory wherein the general presumption in favour of new residential development has been removed. Policy HO 5 gives effect to this objective. The application site lies within the zone identified by policy HO 5 and the proposal is therefore contrary to this policy and to policy RRA 2 of the Structure Plan.

The proposed site is located to the immediate south east of the Sunart View Guest House at the end of the Beadoun public road. The site is predominantly only open to public view from the main Tobermory Road, around Baliscate. There is an elevated wooded area to the rear of the existing development, ‘Sunart View’ and ‘Castlecroft’. This elevated area levels out to the south east of Sunart View before the land opens out into a large open field at Baliscate. The proposed site has some of this raised land to its rear which will help nestle the house into its landscape setting. The erection of a house on this site is not considered to have a significant environmental impact. It is considered that the proposal can be justified in terms of the criteria set out in Policy STRAT 4A .

It should be noted that further development of this area, into the large open field could not be justified at this stage. Development out into this open area would represent a major departure from the development plan. Allocation of this larger site for housing is a strategic decision which should be made through the new Local Plan. An application for further development in this area at this current time would be considered to be premature in light of the local plan review process currently underway.

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Page 32

The current Local Plan for the area was adopted in 1985 and its 1st Review and Alteration was adopted in 1988. As Members will be aware the existing Mull, Coll and Tiree Local Plan is currently being reviewed. During the assessment of applications within Tobermory over the last couple of years, it has been recognised that there is a shortfall of housing land available to meet demand, and a number of applications have been approved as minor departures from the development plan (e.g. Craigspuir Lane, Fairways and Erray Farm).

In light of the foregoing, the age of the Local Plan and the shortfall of housing land availability it is considered that the erection of a house on this site could be justified in terms of environmental impact as a minor departure from the development plan. This however could only be considered if the servicing and infrastructure issues can be resolved.

• Alternative Policies and Proposals Contained in the Local Plan

Policy RUR 2 and Policy TR 3

The site is encompassed by the Tobermory Bay Local Scenic Area, wherein all proposals for new development require to be justified against the criteria set out in Policy RUR 2 of the Local Plan.As discussed above, the proposal is considered to be acceptable in terms of environmental impact. The outstanding issue in the determination of this application is whether the proposal can be justified in terms of servicing and infrastructure implications.

Water Supply

Connection is to be made to the public water supply. No objections have been raised by Scottish Water.

Foul Drainage Arrangements

Connection is to be made to the public sewer. No objections have been raised by Scottish Water.

Vehicular access

Policy TR3 of the Local Plan states that the Council will encourage road and traffic management improvements in specified locations through the imposition of conditions on planning consents and through co-operation with landowners. Policy TR 3 applies to the Beadoun road. As this current proposal is contrary to Local Plan Policy, in order to be considered as a potential departure from the development plan the proposal must be able to be justified in terms of servicing and infrastructure.

The applicant has proposed an extension to the public road at Beadoun, incorporating a turning head for cars at the end of this new section of road. The Area Roads Engineer advised that this is a reasonable improvement to the public road commensurate with the scale of development (Email dated 17.1.02). This is on the basis that the public road extension is constructed in accordance with their road construction details.

By virtue of the adoption of the current Local Plan, it was accepted that new housing was acceptable off the Beadoun Road without any road improvements within the town envelope, i.e. within the areas not covered by Policy HO 5. Increasing development served by the Beadoun Road through the approval of applications within the HO 5 area, as departures from the development plan, would take the level of development over that planned for by the Local Plan. I am satisfied that the road improvements proposed are commensurate with the scale of development and represent an acceptable improvement to the current situation.

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Page 33

(D ) CONCLUSION

The proposal is contrary to Policy HO 5 of the Mull, Coll and Tiree Local Plan and Policy RRA 2 of the Strathclyde Structure Plan. Justification for Minor Departure

The proposal can be justified in terms of the criteria set out in Policy STRAT 4A and RUR 2 with particular respect to environmental impact and servicing and infrastructure. Accordingly the proposal is considered to be consistent with Policy STRAT 4 and Policy RUR 1 of the Mull, Coll and Tiree Local Plan. The proposal includes the extension of the public road and the formation of a turning head for cars at the end of this road. These are considered to be adequate improvements commensurate with the scale of development. The proposal is therefore consistent with Policy TR 3 of the Mull, Coll and Tiree Local Plan. It is considered that the erection of a house on this site can be justified in terms of environmental impact as a minor departure from the development plan, due to the age of the Local Plan and the recognised shortfall in housing land development. PAN 41 Local Hearing

As there have been no public representations to the proposal and as the development is considered to be a minor departure from the development plan, a Local Hearing it is not considered necessary in this instance.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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Page 34

CONDITIONS AND REASONS RELATIVE TO APPLICATION 02/00726/DET

1. Standard detailed.

2. Prior to the occupation of the dwellinghouse hereby approved, the public road extension and the turning head shown on the approved site plan shall be formed in accordance with the Council’s Road Construction Details, to the satisfaction of the Council as Planning Authority.

Reason : In the interests of road safety, in order to ensure road improvements commensurate with the scale of development.

3. Notwithstanding the approved plans there shall be no upper floor windows on the north east gable elevation of the dwellinghouse.

Reason : In the interests of privacy, in order to prevent overlooking of the garden of the adjacent dwellinghouse..

4. Notwithstanding the provisions of Article 3 and Class 1 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no window or other openings shall be installed in the north east elevation of the building without the prior written consent of the Council as Planning Authority.

Reason : In the interests of privacy, in order to prevent overlooking of the garden of the adjacent dwellinghouse..

5. The development hereby approved shall be carried out in accordance with the approved site sections, to the satisfaction of the Planning Authority.

Reason : In the interests of visual amenity in order to integrate the proposed dwellinghouse into its landscape setting.

6. The dwellinghouse hereby approved shall have an underbuilding not exceeding 0.5 metres to the satisfaction of the Planning Authority.

Reason : In the interests of visual amenity in order to integrate the proposed dwellinghouse into its landscape setting.

7. Development shall not begin until details of the scheme of hard and sort landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include: i) existing landscaping features and vegetation to be retained. ii) Location and design, including materials, of walls, fences and gates. iii) Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub, in particular for the south west boundary of site. iv) Programme for completion and subsequent on-going maintenance.

All the hard and soft landscaping works shall be carried out in accordance with the scheme as approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of ten years from the completion of the development die, or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason : To ensure the implementation of a satisfactory scheme of landscaping.

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APPENDIX RELATIVE TO 02/00726/DET

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

RRA 2 Within the Remote Rural Area the following settlement strategy is appropriate

(d) A recognition that there shall be a presumption in favour of single or small scale residential development in the countryside except :

3. in areas where Local Plans have established that such a presumption should not apply.

Mull, Coll and Tiree Local Plan

STRAT 4 A presumption in favour of single or small scale residential development in the countryside except:

(i) in locations identified as being important for nature, heritage or archaeological conservation. (ii) In areas of better quality or ‘in-bye’ agricultural land. (iii) In the Tobermory, Derviag, Lochdon and Iona settlement areas.

STRAT 4A All proposals for single or small scale residential development in the Islands countryside will be examined in terms of infrastructure and servicing implications and in scenic areas and coasts careful consideration will be given to the design, setting and scale of proposals. In addition, in the areas covered by STRAT 4 proposals will require to be justified against the following criteria:

(i) Locational/operational need (ii) Economic benefit (iii) Sterilisation of natural resources (iv) Environmental impact (v) Effect on conservation of natural and heritage resources (vi) Alternative policies and proposals contained in the local plan.

RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

(d) Areas of local landscape significance : (I) Eastern Coast of Mull (including Tobermory Bay)

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

(a) economic benefit (b) infrastructure implications (c) specific locational/operational need (d) environmental impact

HO 5 The Council will identify a zone around Tobermory where the general presumption in favour of small scale residential development in the countryside will not apply.

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TR 3 The Council will encourage road and traffic management improvements at Erray Road through the imposition of conditions on planning consents relative to development proposals and through co-operation with the landowners.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

A previous application (reference 01/01836/OUT) for the erection of a house on this site was withdrawn on 29.4.02. This was done due to material changes which were required as part of the application, namely the inclusion of the turning head and access improvements.

(ii) Consultations

Response Date Comment Area Roads Engineer 7.8.02 No objection subject to conditions Scottish Water Authority 16.7.02 No objections.

(iii) Publicity and Representations

Advert Type : Article 9 and as a Potential Departure from the Development Plan Closing Date: 20.6.02

Representations : No

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NOTE TO APPLICANT RELATIVE TO APPLICATION 02/00726/DET

The Council’s Area Roads Manager has advised as follows:

A Road Construction Consent will be required for the extension to the public road.

You are advised to contact them direct to discuss this matter:

Contact:

Area Roads Engineer Transportation and Property Services Argyll and Bute Council Kilbowie House Gallanach Road Oban

Tel: 01631 562125

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Cllr MacIntyre PLANNING APPLICATION REPORT Date of Validity - 2.5.02 OBAN, LORN AND THE ISLES Committee Date - 4.9.02

13.8.02

Reference Number: 02/00819/DET Applicants Name: Mr C MacNiven Application Type: Detailed Planning Application Application Description: Erection of two houses and installation of septic tank Location: Land adjacent to Mossfield Cottage, Glencruitten Road, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of two houses • Installation of septic tank • Formation of vehicular access • Erection of fences in excess of 1 metre in height within 20 metres of public road.

(B ) RECOMMENDATION

It is recommended that this application is continued until the necessary consultation response is received from SEPA regarding flooding.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The determining issues relating to this proposal are conformity to planning policy, impact upon services and infrastructure, impact upon the amenity of adjacent existing residential properties, flooding and public representations.

Planning Policy

The proposed site is located on flat ground on the southern side of Glencruitten Road. Existing residential properties are located to the west and north-west of the site. The site is bounded to the east and south by Glencruitten Golf Course. The site was formerly covered in scrub trees and shrubs but has recently been levelled / infilled with hardcore and the vegetation cut back.

Policy HO 21 of the Lorn Local Plan applies to this site and states that infill / rounding off development for housing related to the existing built form is acceptable. Given the surrounding uses / buildings detailed above, this site is considered to represent rounding off of the existing built form and is consistent with this element of policy HO 21.

Policy HO 21 also requires developments to conform to the siting and design principles as laid out in PAN 36. The proposed houses contain many traditional design features and are considered to be consistent with PAN 36 and consequently also consistent with this part of policy HO 21.

Services / Infrastructure

Water Supply - Scottish Water have raised no objections to the utilisation of the public water supply system to serve this development.

Sewerage - Scottish Water have confirmed that there is no public mains sewer in the immediate vicinity of the site which could be utilised by this development. Accordingly, this proposal incorporates the installation of a communal septic tank and soakaway serving both proposed houses. At the request of SEPA the original location / arrangement of this sewerage system has been amended by the applicant. SEPA's revised consultation response raises no objections to this amended proposal.

Road Safety - The Area Roads Engineer has advised that visibility splays of 2.0 x 90.0 metre in each direction are required for this proposal. Such visibility splays can be provided by the applicant either within land they control or the road verge. The Area Roads Engineer has advised that 5 car parking spaces are required to serve this proposal. Originally this application only proposed 4 car parking spaces but has been amended to now incorporate 6 spaces. The Area Roads Engineer has stated that the first 5 metres of the access should be surfaced. This can be incorporated into a condition attached to any planning permission granted. Finally the Area

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Roads Engineer has recommended that this application be refused on the basis that the proposed parking area is 45 metres from the house on plot A when the Roads Guidelines state that such parking areas should be no more that 30 metres from houses. This recommendation is considered to be unreasonable as the distance the parking is located way from the house has no adverse impact upon road safety. This view is based upon the fact that parking is not restricted on the public road, the applicant is providing adequate off street parking and there is a footpath being provided off the main road within the site from the parking area to the houses.

Amenity In terms of amenity the issues of impact on the privacy and daylighting of adjacent residential properties require to be addressed. Firstly, the proposed houses are one and a half storeys in height (7.5 metres high) and positioned some 17 metres to the south of the house, Gleneagle, on the opposite side of Glencruitten Road. The proposed house is also at a lower level by approximately 2 metres than this existing house. Accordingly, given the relatively large separation distance, low height of the houses and difference in site levels, the proposed houses are considered to not have any adverse impact upon daylighting. Secondly, the proposed house on Plot B has no windows that face onto any existing residential property, and so this house has no adverse impact upon the privacy levels of existing residential property. The proposed house on Plot A has two bathroom / toilet windows which face onto the house and garden of Mossfield Cottage. A condition should be attached to any planning permission granted requiring these windows to be fitted with frosted glass to protect the privacy of the adjacent existing residential property. As detailed above, the proposed house on Plot A is positioned some 17 metres to the south of Gleneagle house on the opposite side of Glencruitten Road. The proposed house is also at a lower level by approximately 2 metres than this existing house and the two houses are also positioned at an angle rather than parallel to each other. Accordingly, given the relatively large separation distance, difference in site levels and angle of the two houses, this proposal is not considered to have any adverse impact upon the privacy or amenity of adjacent residential property. Flooding

Representations received from the public indicate that the site may suffer from flooding. Accordingly, the applicant was requested to and has submitted a flood risk assessment relating to this proposal. SEPA are currently assessing the contents of the flood risk assessments. Their comments in this regard are awaited.

Public Representations

Public representations have been received relating to flooding, road safety, sewerage disposal, daylighting and privacy. These issues are dealt with above. No other material planning considerations have been raised.

(D ) CONCLUSION

This proposal has no significant adverse impact upon road safety, sewerage disposal and the water supply system, residential amenity and is consistent with planning policy. However, there is an outstanding issue relating to flooding. SEPA's revised comments on this issue have not yet been received and are essential to the assessment of these issues. This application therefore requires to be continued until SEPA's comments on flooding are received.

Angus J Gilmour Head of Development and Building Control

Author: Adrian Jackson-Stark 01631 567955

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 02/00819/DET

1. Standard

Reason : Standard 2. The proposed access shall have visibility splays of 2.0 x 90.0 metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

3. Prior to the houses hereby approved being brought into use, the access bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the existing carriageway edge to the satisfaction of the Planning Authority or as otherwise agreed in writing with the Planning Authority.

Reason: In the interest of road safety.

4. Prior to the houses hereby approved being brought into use, 6 parking spaces shall be provided within the site to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

5. The access shall be constructed to ensure that no surface water is discharged to the public highway to the satisfaction of the Planning Authority.

Reason: To prevent surface water from being discharged onto the public highway in the interests of road safety.

6. The en-suite bathroom windows located on the first floor of the south west facing elevations of the two house hereby approved shall be fitted with obscure glazing in perpetuity to the satisfaction of the Council as Planning Authority.

Reason: To maintain adequate privacy and amenity for the adjacent dwelling house and its associated garden.

7. Prior to the houses hereby approved being brought into use, a 1.8 metre high solid timber screen fence shall be erected on the boundaries of the two residential curtilages hereby approved marked with a heavy dashed line on the plans hereby approved to the satisfaction of the Planning Authority.

Reason: To maintain adequate privacy and amenity for the adjacent houses and there associated private garden areas and the houses and there associated private garden areas hereby approved.

8. Notwithstanding the plans hereby approved, no fencing in excess of 1.0 metres in height shall be erected between the two houses hereby approved and the public road.

Reason: In the interest of visual amenity.

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APPENDIX RELATIVE TO 02/00819/DET

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Lorn Local Plan

HO 21 Within the settlements listed below the Council will encourage infill, rounding-off or redevelopment related to the existing built form:

Oban.

Regard will be had to the principles set out in the Government’s Planning Advice Note 36. Proposals which do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse impact will normally be resisted. In addition, in Oban where development might affect archaeological remains an assessment of the impact may be required.

Informal Council Policy

Roads and TA 4 Private Enables a new access serving a new housing development not exceeding 5 houses in the Ways mainland settlements and rural areas to be served by a private way. On the islands, outwith towns and villages this threshold is increased to 7.

TA 8 Indicates the construction standards expected of private ways, taking into account the requirement for use by emergency and service vehicles for a safe connection to the road network.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principle objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within Scotland.

The principle on which the policy on housing in the countryside is based are:-

• Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided. • Isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

02/00020/OUT - Erection of 2 Houses (in outline) - Refused on 8.5.02 on the basis of road safety and as the submission of flood risk assessment was required but had not been made.

02/00689/DET - Erection of 2 houses - Withdrawn on 2.5.02 to allow submission of flood risk assessment and relocation of vehicular access to the site.

(ii) Consultations

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Response Date Comment Area Roads Engineer 14.5.02 Recommends refusal on the basis that the house located on plot A is 45 metres from the parking area but the Roads Guidelines require houses to be no more than 30 metres from a parking area. Scottish Environmental Protection Agency 21.5.02 Raised no objections to proposal with the exception of the issue of flooding which is still outstanding. Their response on the issue of flooding is awaited. West of Scotland Water Authority 14.5.02 No objections

(iii) Publicity and Representations

Advert Type : Article 9 - Vacant Land Closing Date: 30.5.02

Representations : Yes

Name Address Letter date Robert and Fiona Silverman Gleneagle, Glencruitten Road, Oban 12.5.02 W F Stewart Mossfield Cottage, Glencruitten Road, 15.5.02 Oban Glencruitten Golf Club Glencruitten Road, Oban 28.5.02

Summary of points raised:

• This proposal will, due to their height, adversely affect the daylighting levels afforded to existing residential properties in the vicinity of the site. Comment : The proposed houses are one and a half storeys in height (7.5 metres high) and positioned some 17 metres to the south of the house, Gleneagle, on the opposite side of Glencruitten Road. The proposed house is also at a lower level by approximately 2 metres than this existing house. Accordingly, given the relatively large separation distance, low height of the houses and difference in site levels, the proposed houses are considered to not have any adverse impact upon daylighting. • This proposal will adversely affect the privacy levels afforded to both the proposed houses themselves and existing residential properties in the vicinity of the site due to the proximity of the proposed houses to adjacent residential properties. Comment : The proposed house on Plot B has no windows which face onto any existing residential property, and so this house has no adverse impact upon the privacy levels of existing residential property. The proposed house on Plot A has two bathroom / toilet windows which face onto the house and garden of Mossfield Cottage. A condition should be attached to any planning permission granted requiring these windows to be fitted with frosted glass to protect the privacy of the adjacent existing residential property. The proposed house on Plot A is positioned some 17 metres to the south of Gleneagle house on the opposite side of Glencruitten Road. The proposed house is also at a lower level by approximately 2 metres than this existing house and the two houses are also positioned at an angle rather than parallel to each other. Accordingly, given the relatively large separation distance, difference in site levels and angle of the two houses, this proposal is not considered to have any adverse impact upon the privacy of adjacent residential property. • Objection to any further development on the area of waste ground on the other site of the burn, outwith the application site. Comment : The area of ground referred to is outwith the application site and does not form part of this proposal. • This proposal will result in the gradual erosion of the land available for recreational use in this area of Oban. Comment : The site is not currently in recreation use and is located within the area of Oban covered by policy HO 21 of the Lorn Local Plan which permits new housing development where it is considered to be infilling / rounding off of the existing built form. • The proposal will adversely affect road safety and pedestrian safety as it will increase vehicle movements onto Glencruitten Road. Comment : The Area Roads Engineer has raised no objections to this proposal on the grounds of road safety. • The proposed vehicular access to the site has substandard visibility splays. Comment : The Area Roads Engineer has confirmed that the required visibility splays of 2.0 x 90.0 metres is achievable. • The site is prone to flooding. Comment : SEPA's comments on this issue are still awaited. • The application refers to a right of way across the site. This is not and never has been a right of way. Comment : The plans have been amended and all reference to any right of way has been deleted from this proposal.

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• The proposed foul drainage system of septic tank and soakaway adjacent to the existing burn is unacceptable as the site suffers from high ground water levels, is prone to flooding Comment : SEPA have raised no objections to this proposal. • The site is covered in Japanese Knotweed. Comment : Public Protection have advised that it is an offence under the Countryside and Wildlife Act to move Japanese Knotweed off the site. Instead the Japanese Knotweed will require to be destroyed on site. The applicant's agent has been informed of this requirement by letter dated 4.7.02. However, this does not preclude the site from being developed and is not a material consideration in the assessment of this application. • A large pipe has been positioned in the stream bed to act as a culvert/bridge and a wooden bridge erected across the stream to provide access to an area of ground on the other side of the stream from the site. Comment : These pipe / brides do not form part of this application, accordingly a separate enforcement investigation is being undertaken in this regard.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 02/00819/DET

West of Scotland Water Authority have advised as follows:

There is an existing public water main located in the street adjacent to the site that may be suitable to provide a supply to the proposed development. However, details of the highest water fitting related to Ordnance Datum and the proposed demands must be forwarded to Scottish Water in order that hydraulic testing can be carried out.

You are advised to contact them direct to discuss this matter

Contact:

West of Scotland Water Authority Customer and Network Services Developer Services West Region Tullich Soroba Oban, PA34 4SB

Tel : 01631 572135

The Council’s Area Roads Manager has advised as follows:

A road opening permit is required for the access to the site.

You are advised to contact them direct to discuss this matter:

Contact:

Area Roads Engineer Transportation and Property Services Argyll and Bute Council Kilbowie House Gallanach Road Oban

Tel: 01631 562125

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor C Cameron PLANNING APPLICATION REPORT Date of Validity - 28th May 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

7th August 2002

Reference Number: 02/01048/OUT Applicants Name: Mrs Jessie Martin Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Site at Matheson Croft, Port Appin

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwellinghouse (indicative position shown). • Installation of a septic tank and soakaway (indicative details shown) • Formation of a vehicular access (indicative position shown)

Other Specified Operations.

• Connection to public water main.

(B ) RECOMMENDATION

The proposal is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Development Plan Policy

It is proposed to erect a dwellinghouse on an area of vacant ground to the south west of the existing residential development at Matheson Croft, Port Appin. The majority of the boundary of the site contains scrub and trees, with the exception of the area to the north west of the site where the house is proposed. It is proposed to remove a maximum of eight trees within the centre of the site, all of which are regenerated trees of limited age. The trees which provide boundary treatment and enhance the setting of the Matheson Croft area are to be retained. The site lies within an area identified by the Lorn Local Plan 2nd Alteration as being suitable for small-scale housing development. The proposal for a house on this site therefore accords with Development Plan Policy.

Servicing and Infrastructure

Concerns have been raised over the location of an existing septic tank on the site which serves Matheson Croft across the road. The location of this tank and any right of access to the tank is a legal issue not a planning issues. The determining planning issue with respect to the location of this tank is to ensure that the positioning of this tank does not sterilise the development site. The agent has provided amended drawings which show the position of the existing septic tank. This plan indicates that there is still sufficient available ground to the north west portion of the site to accommodate a reasonable sized dwellinghouse whilst allowing at least the minimum building regulation distance from building to existing tank (5 metres minimum).

As a result of further investigation and the identification of the location of the existing septic tank position, amended drawings have been submitted which show the position and geometry of the access changed slightly. This new position utilises the existing gate position.

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(D ) CONCLUSION

• The development of this site for a single dwellinghouse is consistent with development plan policy and consistent with the Government guidance contained in Planning Advice Note 36.

• There are no servicing or infrastructure issues which cannot be resolved through the imposition of planning conditions.

• The proposal raises no privacy or amenity issues.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 02/01048/OUT

1-3 Standard Outline 4. Any details pursuant to Condition 1 above shall show an access designed in accordance with the Council’s Highways Drawing No. NA/32/05/2a. Thereafter, the access shall be formed in accordance with the approved details prior to the occupation of the dwellinghouse, to the satisfaction of the Planning Authority.

Reason : In the interests of road safety.

5. Any details pursuant to Condition 1 above shall identify that adequate car parking provision is provided within the site which is commensurate with the size of the proposed dwellinghouse, in accordance the Council’s Roads Guidelines.

Reason : In order to provide adequate on-site parking provision.

6. Any details pursuant to Condition 1 above shall show the dwellinghouse hereby approved located no less than 5 metres from any existing or proposed septic tank and their outfalls, to the satisfaction of the Planning Authority.

Reason : In the interests of public health, to ensure adequate distance of foul drainage systems from the residential property in accordance with the Building Regulations.

7. Any details pursuant to Condition 1 above shall show a house of local traditional design and finish and shall incorporate the following elements:- (i) The house shall be single or one and a half storeys in height. (ii) The window openings shall have a strong vertical emphasis. (iii) The walls shall be finished in a white wet dash render, smooth cement render or natural stone. (iv) The roof shall be symmetrically pitched to between 35 and 42 degrees and shall be finished in natural slate or a good quality slate substitute. (v) The building shall be of a general rectangular shape and gable ended. (vi) Traditional ‘peaked’ roof dormers and porches shall be encouraged.

Reason : In the interests of visual amenity and to reflect/retain the vernacular building traditions of the area.

Note to Applicant

• The Council’s Transportation and Property Department has advised that no fences, walls or shrubs are to be places within 2 metres of the public road.

• They have also advised that a Road Opening Permit will be required for the vehicular access.

You are advised to contact this department direct to discuss these matters:

Area Roads Engineer Transportation and Property Services Argyll and Bute Council Kilbowie House Gallanach Road Oban

Tel. 01631 562125

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APPENDIX RELATIVE TO 02/01048/OUT

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Lorn Local Plan

HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.

… Port Appin …

The Council has accordingly restricted new housing development to areas identified on the inset maps. It will not grant approval for a house on greenfield sites outwith these areas other than in exceptional circumstances. Applicants will be required to demonstrate an overriding locational or operational need that makes it essential for them to have a house outwith rather than within the areas identified.

Where such need has been demonstrated, special attention will be given to ensure that the actual location of the house creates the minimum adverse environmental impact. Regard will also be had to the principles set out in the Government’s Planning Advice Note 36 when assessing all proposals within sensitive settlements.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principle objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within Scotland.

The principle on which the policy on housing in the countryside is based are:- • Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided. • Isolated development should discourages in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

An application for an Established Use Certificate (reference 07-90-0001) for the siting of a mobile home on this site was withdrawn in 1994. The caravan is no longer on the site.

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(ii) Consultations

Response Date Comment Area Roads Engineer 2.7.02 No objection subject to conditions. Scottish Water No response Scottish Natural Heritage 5.7.02 No objections. Public Protection Units 8.7.02 No objections.

(iii) Publicity and Representations

Advert Type : Article 9 Vacant Land Advert Closing Date: 11.7.02

Representations : Yes

Name Address Letter date R J and C M Hart Bothan Darach, Port Appin 10.5.02 Mr G White Matheson Crofthouse, Port Appin 14.6.02

Summary of points raised:

• New access gate will pass over existing septic tank. • No development should be allowed in any way which conflicts with the regulations or jeopardises the operation of or access to the existing septic tank on the site.

Comment : The location of this existing septic tank, any right of access to the tank and the implications of damage to the tank during construction works are legal issues not planning issues. The determining planning issue with respect to the location of this tank is to ensure that the positioning of this tank does not sterilise the development site. It has been demonstrated that it is possible to locate a house on the site more than 5 metres from the existing septic tank in accordance with the Building Regulations. It should be noted that the applicant has slightly amended the position of the access to avoid the existing septic tank.

• Concerns over geometry of access and possible use of passing place on opposite side of the road on private property.

Comment : The Area Roads Manager has raised no objection to the proposal subject to conditions which include details of the geometry of the access.

• Concern over whether this house will be used only as a holiday home.

Comment : Tenure of the property in this instance is not a material planning consideration.

• Approval of this application would set precedent for development on the lochside of the road which would be out of character with the area.

Comment : The proposal is consistent with the development plan, policy HO 22 of which clearly identifies the sites in Port Appin which are considered suitable for new housing development.

• Clearance of trees would remove the green barrier between the village and the houses at Matheson Croft.

Comment : It is proposed to retain the tree cover along the boundaries of the site, clearing a maximum of eight trees within the centre of the site. The trees which make the contribution to the setting of the Matheson Croft area, are to be retained.

• Unacceptable increase in traffic using the inadequate junction on to the main road.

Comment : This is a public road. The Area Roads Engineer has raised no objection to the proposal subject to conditions.

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 26th June 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

8th August 2002

Reference Number: 02/01070/OUT Applicants Name: Argyll Properties Application Type: Outline Application Application Description: Site for the erection of four dwellinghouses Location: Raeric Road, Tobermory, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission. • Site for the erection of four dwellinghouses. • Formation of a vehicular access.

Other Specified Operations. • Connection to the public water main. • Connection to the public sewer.

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Outline planning permission is sought for the erection of 4 detached dwellinghouses on an area of undeveloped land at the top of Raeric Road in Tobermory. Raeric Road is a public road which runs north west from Erray Road out into the countryside on the periphery of Tobermory. The site itself comprises slightly sloping ground to the immediate north west of an existing house known as ‘Little Erray’ and across Raeric Road from and existing dwellinghouse known as ‘Ardsorn’. The site lies immediately adjacent to the boundary of Local Plan Policy HO5.

• Housing Policy

As Members will be aware the Mull, Coll & Tiree Local Plan seeks to restrict unco-ordinated housing development on the periphery of Tobermory, in the interest of conserving the existing landscape setting of the town and in order to ensure that future public infrastructure provision is implemented in an efficient manner. To this end, the Council has identified a zone around Tobermory wherein the general presumption in favour of new residential development has been removed. Policy HO 5 gives effect to this objective. The application site lies within the zone identified by policy HO 5 and the proposal is therefore contrary to this policy and to policy RRA 2 of the Structure Plan.

The proposed site is located to the immediate north west of Little Erray, the last house on this side of the road, and to the immediate east of Ardsorn, the last house on the opposite side of Raeric Road. The development in this part of Tobermory is essentially of modern type dwellinghouses. The proposed site only extends marginally above the level of the existing development along Raeric Road, i.e. the highest house known as Ardsorn, and would not encroach into the skyline. In light of these factors, the development of this site for an appropriate number of houses is unlikely to have a significant environmental impact. It is considered that the proposal can be justified in terms of the criteria set out in Policy STRAT 4A .

The current Local Plan for the area was adopted in 1985 and its 1st Review and Alteration was adopted in 1988. As Members will be aware the existing Mull, Coll and Tiree Local Plan is currently

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being reviewed. During the assessment of applications within Tobermory over the last couple of years, it has been recognised that there is a shortfall of housing land available to meet demand, and a number of applications have been approved as minor departures from the development plan (e.g. Craigspuir Lane, Fairways and Erray Farm).

In light of the foregoing, the age of the Local Plan and the shortfall of housing land availability it is considered that the development of this site for housing could be justified in terms of environmental impact as a minor departure from the development plan. This however could only be considered if the servicing and infrastructure issues can be resolved.

• Alternative Policies and Proposals Contained in the Local Plan

Policy RUR 2 and Policy TR 3

The site is encompassed by the Tobermory Bay Local Scenic Area, wherein all proposals for new development require to be justified against the criteria set out in Policy RUR 2 of the Local Plan.

As discussed above, the proposal is considered to be acceptable in terms of environmental impact. The outstanding issue in the determination of this application is whether the proposal can be justified in terms of servicing and infrastructure implications.

Water Supply

Concerns were raised during the assessment of this application over the adequacy of the public water main to serve additional houses. Whilst Scottish Water have not formally responded yet, their consultation response to the previous application for seven houses on this site (letter dated 17.12.01) advised that the development could be served by a public water supply however there will be a cost implication for the developer.

Foul Drainage Arrangements

It is proposed to connect the proposed houses to the public sewer. This will require an extension to the public sewer and the developer is advised to liase with Scottish Water towards providing a prospectively adoptable system.

Vehicular access

Policy TR3 of the Local Plan states that the Council will encourage road and traffic management improvements in specified locations through the imposition of conditions on planning consents and through co-operation with landowners. Policy TR 3 applies to Erray Road and the junction of Erray Road and Raeric Road. As this current proposal is contrary to Local Plan Policy, in order to be considered as a potential departure from the development plan the proposal must be able to be justified in terms of servicing and infrastructure.

The Area Roads Engineer has recommended refusal of the application on the basis of the inadequacy of visibility at the junction of Erray Road/Raeric Road. The Area Engineer has advised that visibility at the junction of Erray Road/Raeric Road is poor, currently achieving visibility splays of only 2.0 x 15 metres. Visibility splays of 2.0 x 60 metres in each direction is the required standard for the Erray Road/Raeric Road junction. The applicant’s approach to the owners of the properties at the foot of Raeric Road to secure the provision of improved visibility splays to the Area Roads Engineers requirement has been unsuccessful. The applicant has however, as part of the current proposals, following consultation with the Roads Department, proposed improvements to the existing visibility splays by realigning the junction of Raeric Road with Erray Road through signing and lining the junction. This will result in an increase in visibility splays in each direction from 15 metres to approximately 20 metres. The Area Roads Manager has advised that it the visibility splays were increased to 2.0 x 35 metres they would withdraw their objection. This is not possible as the land required for this improvement is outwith the applicants control.

By virtue of the adoption of the current Local Plan, it was accepted that new housing was acceptable off Raeric Road without any road improvements within the town envelope, i.e. within the areas not covered by Policy HO 5. Increasing development served by Raeric Road through the approval of applications within the HO 5 area, as departures from the development plan, would take

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the level of development over that planned for by the Local Plan. Whilst there are improvements proposed to the Raeric Road junction as part of the proposals, these will not take the visibility splays up to the required 35 metres in each direction. The existing splays are to be improved by approximately 7 metres in each direction, although there is still a shortfall of 13 metres in each direction. The proposal therefore cannot be justified in terms of Servicing and Infrastructure.

Additionally, Policy TA 4 of the Council’s Interim Policy relating to Roads and Private Ways in Argyll and Bute, states that the acceptability of additional dwellinghouses being served by a new private way is conditional on the proposed development achieving a commensurate improvement in the condition of the public road leading the to the planning unit as considered appropriate by the planning authority. As discussed above, the improvements considered necessary to the visibility at the Erray Road/Raeric Road junction, commensurate with the scale of development, cannot be achieved as part of this proposal. The proposal is accordingly contrary to Policy TA 4 of the Council’s Interim Policy on Roads and Private Ways.

Policy BE 8

Development within the main village of Tobermory is generally of a very high density, with the peripheral development, in the main, being of a lower, semi-rural density. The current application site lies on Raeric Road where development is of a higher density at the bottom of the road, decreasing in density as development ascends to the top of the road. The proposed site lies at the top of Raeric Road where the settlement pattern is predominantly single houses set within larger grounds. In order to address the concerns my department had with respect to the previous application for seven houses on this site, the applicant has amended the proposal to four detached dwellinghouse on the site (indicative layout shown). Whilst the density of the current proposal is higher than three of the houses (Ardsorn, Little Erray and Ranaig House) it is in-keeping with the houses immediately south of the proposal and is reflective of this general area of Tobermory.

(D ) CONCLUSION

The proposal is contrary to Policy HO 5 of the Mull, Coll and Tiree Local Plan and Policy RRA 2 of the Stathclyde Structure Plan.

The proposal cannot be justified in terms this criteria with particular respect to servicing and infrastructure. Accordingly the proposal is contrary to Policy STRAT 4A and Policy RUR 2 of the Mull, Coll and Tiree Local Plan.

Due to the shortfall in visibility after the proposed improvements to the public road junction, the proposal is contrary to Policy TR 3 of the Mull, Coll and Tiree Local Plan and Policy TA 4 of the Council’s Interim Policy on Roads and Private Ways in Argyll and Bute.

Whilst it is considered that the development of this site for housing could be justified in terms of environmental impact as a minor departure from the development plan, due to the age of the Local Plan and the recognised shortfall in housing land development. This however could only be considered if the servicing and infrastructure issues and the density issues could be resolved.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956 REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/01070/OUT

1. The proposal is contrary to the provisions of Approved Strathclyde Structure Plan Policy RRA 2 which states that the general presumption in favour of new housing in the countryside shall not apply in areas where local plans have identified that such a presumption should not apply.

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2. The application site is located within the zone around Tobermory wherein Policy HO5 of the Adopted Mull, Coll and Tiree Local Plan has removed the general presumption in favour of small scale residential development in the countryside. As such the proposal is contrary to Policy HO5.

3. Policy STRAT 4 of the Adopted Mull, Coll and Tiree Local Plan states that there is a presumption in favour of single and small scale residential development in the countryside except i) In locations identified as important for nature, heritage or archaeological conservation; ii) In areas of better quality of “in-bye” agricultural ground; iii) In the Tobermory, Dervaig, Lochdon and Iona settlement areas.

The site is located within the Tobermory settlement area and accordingly the principle of the proposal is contrary to Policy STRAT 4.

4. The proposal has not been sufficiently justified in respect to the criteria set out in Policy STRAT 4A of the Adopted Mull, Coll and Tiree Local Plan with respect to alternative policies and proposals contained within the Local Plan (Policy RUR 2, BE 8 and TR 3), such justification being required for developments located within the Tobermory Settlement Area.

5. The proposal has not been sufficiently justified in respect of the criteria set out in Mull, Coll and Tiree Local Plan Policy RUR 2, with specific reference to infrastructure and servicing, such justification being required for developments in or affecting a local scenic area which embraces the site.

6. In the interest of road safety in that visibility at the junction of Erray Road and Raeric Road is restricted to 2.0 x 20 metres in each direction, the acceptable standard for this access being 2.0 x 60 metres in each direction. Any increased usage of this road could therefore result in a road safety hazard. Insufficient improvements are proposed to the Erray Road/Raeric Road junction as part of this application.

7. The proposal is contrary to Policy TR 3 of the adopted Mull, Coll and Tiree Local Plan which requires the Council to encourage road and traffic management improvements at specified locations, one of which being Erray Road and its junction with Raeric Road, through the imposition of conditions on planning consents relative to development proposals and through co-operation with the landowners. Improvements proposed by the applicant, i.e. signage and road marking, are not considered sufficient to improve Raeric Road, in particular its junction with Erray Road, to an acceptable standard commensurate with the scale of development.

8. The proposal is contrary to Policy TA 4 of the Council’s Interim Policy relating to Roads and Private Ways in Argyll and Bute. This Policy states that the acceptability of additional dwellinghouses being served by a new private way is conditional on the proposed development achieving a commensurate improvement in the condition of the public road leading the to the planning unit as considered appropriate by the planning authority. Improvements proposed by the applicant, i.e. signage and road marking, are not considered sufficient to improve Raeric Road, in particular its junction with Erray Road, to an acceptable standard commensurate with the scale of development.

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APPENDIX RELATIVE TO 02/01070/OUT

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

RRA 2 Within the Remote Rural Area the following settlement strategy is appropriate

(d) A recognition that there shall be a presumption in favour of single or small scale residential development in the countryside except :

3. in areas where Local Plans have established that such a presumption should not apply.

Mull, Coll and Tiree Local Plan

STRAT 4 A presumption in favour of single or small scale residential development in the countryside except:

(i) in locations identified as being important for nature, heritage or archaeological conservation. (ii) In areas of better quality or ‘in-bye’ agricultural land. (iii) In the Tobermory, Derviag, Lochdon and Iona settlement areas.

STRAT 4A All proposals for single or small scale residential development in the Islands countryside will be examined in terms of infrastructure and servicing implications and in scenic areas and coasts careful consideration will be given to the design, setting and scale of proposals. In addition, in the areas covered by STRAT 4 proposals will require to be justified against the following criteria:

(i) Locational/operational need (ii) Economic benefit (iii) Sterilisation of natural resources (iv) Environmental impact (v) Effect on conservation of natural and heritage resources (vi) Alternative policies and proposals contained in the local plan.

RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

(d) Areas of local landscape significance : (I) Eastern Coast of Mull (including Tobermory Bay)

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

(a) economic benefit (b) infrastructure implications (c) specific locational/operational need (d) environmental impact

HO 5 The Council will identify a zone around Tobermory where the general presumption in favour of small scale residential development in the countryside will not apply.

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TR 3 The Council will encourage road and traffic management improvements at Erray Road through the imposition of conditions on planning consents relative to development proposals and through co-operation with the landowners. BE 8 The Council will seek to achieve a high standard of design and layout where new developments are proposed. The Council will produce design guidelines for the use of potential developers which shall include advice on servicing, layout, density, materials, landscaping, conversions and alterations to existing buildings.

Informal Council Policy

TA 4 Enables a new access serving a new housing development not exceeding 5 houses in the mainland settlements and rural areas to be served by a private way. On the islands, outwith towns and villages this threshold is increased to 7.

Council Design Guide on New Buildings in Towns and Villages

The main criteria to be considered when assessing a site for building will relate to the existing townscape features and will include:

• The existing development pattern, spaces between buildings and building lines; • The scale, type and massing of existing buildings. • The effect the shape, slope and ground conditions of the site will have on design solutions. • The amount and type of accommodation to be provided.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principle objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within Scotland.

The principle on which the policy on housing in the countryside is based are:-

• Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided. • Isolated development should discourages in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

A previous application (reference 01-91-0989) for the erection of two houses on this site was refused on the basis that the proposal was contrary to Policy HO5 of the Local Plan. It was considered that, by itself, the development would be fairly innocuous as it would be unlikely to have a significant environment. At the time however, it was considered that there was sufficient land available within Tobermory to meet demand, therefore there was no justification to depart from development plan policy, i.e. Policy HO 5.

01/01652/OUT : An outline application for the erection of 7 dwellinghouses on this site was withdrawn on 30th January 2002 prior to being presented to Committee following concerns being raised by my department over road safety and density issues.

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Response Date Comment Area Roads Engineer 5.8.02 Refusal Scottish Water Authority No response

(iii) Publicity and Representations

Advert Type : Article 9 and as a Potential Departure from the Development Plan Closing Date: 25.7.02

Representations : Yes

Name Address Letter date Mr McHaffie Raeric Road, Tobermory 26.6.02 Mr Marsh Erray Road, Tobemrory 30.6.02 Mr and Mrs MacKinnon (letter Raeric Road, Tobermory 3.7.02 and 17.7.02 from D M Hall (3.7.02) and D M MacKinnon (17.7.02)) Mr Reichwald Raeric Road, Tobermory 4.7.02 (date received) Mr and Mrs Franklin Erray Road, Tobermory 12.7.02

Summary of points raised:

• Concerns raised over density of the proposed development and the regimented layout of the proposed houses. Both elements are out of character with the existing settlement pattern and contrary to the Council’s siting and design guidance.

Comment : It is considered that the indicative layout, density and layout are acceptable in this area of Tobermory.

• Proposal is contrary to development plan policy and cannot be considered as infill or rounding off development.

Comment : It is considered that the proposal can be justified in terms of environmental impact and as such could be justified as a minor departure from the development plan, only however, on the basis that the proposal could also be justified in terms of servicing. There is a shortfall in visibility at the Raeric Road junction and as such the proposal cannot be justified in terms of servicing.

• Road safety concerns raised over inadequacy of visibility at junction of Raeric Road and Erray Road.

Comment : The proposal is recommended for refusal on the basis that there is a shortfall in visibility at the Raeric Road junction with Erray Road.

• Concerns raised over the standard of Raeric Road to take additional traffic, and the lack of turning provision for vehicles in Raeric Road.

Comment : A turning head could be provided as part of the development, however the proposal is recommended for refusal on the basis that there is a shortfall in visibility at the Raeric Road junction with Erray Road.

• Concerns raised over the capability of the water main to accept further houses.

Comment : Scottish Water (then West of Scotland Water) have advised that this site can be serviced by the public water main.

• Concerns raised over the lack of information regarding the proposal contained within the application.

Comment : The application is an outline application which assesses the principle of housing on the site. There is no requirement for details of the housing layout or house design.

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• Proposal contrary to the Council’s policy on access roads.

Comment : The proposal is recommended for refusal on the for issues of road safety. It is recognised that the proposal is contrary to Policy TR 4 the Council’s Policy on access roads and TR 3 of the Local Plan.

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 18th June 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

6th August 2002

Reference Number: 02/01082/OUT Applicants Name: Mr Robin Sargeant Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse and commercial shed Location: Achamore, Bunessan, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted) • Erection of a shed for feed delivery business (indicative size approximately 28m x 9m) • Installation of septic tank and outfall to stream (no details submitted). • Formation of a new access

Other Specified Operations.

• Connection to public water supply

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The site lies outwith the local plan inset map for Bunessan and lies within a Regional Scenic Area wherein the Council seeks to maintain and, where possible, enhance the landscape quality of the area. The proposal requires to be justified in terms of the criteria set out in Policy RUR 2a of the Local Plan and STRAT 2A of the Structure Plan.

Landscape Capacity Analysis

Area of Common Landscape Character The Ross of Mull, from just east of Bunessan to (see attached plan) forms an area of common landscape character. The northern part of the Ross is it generally lower lying than the hilly areas along the southern seaboard, being more heavily populated and following more of a traditional crofting pattern of development. The landform is gently undulating and the vegetation pattern is a mixture of broad tracts of heather covered moorland and arable land, interspersed with limited tree cover.

The existing settlement pattern is varied and includes the villages of Bunessan and Fionnphort, the crofting townships of Ardtun/Knockan, and Creich/, and occasional minor clusters of dwellings around road junctions. In addition to these more formal settlements there are also sporadic areas of roadside development and occasional isolated farm steadings and individual houses. Due to the varying nature of the settlement patterns, there are a number of sub areas of common landscape character which have their own key characteristics. The Achamore sub area is shown on the attached plan.

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Key Characteristics

The key internal characteristics of the Achamore sub area are two distinctively different settlement patterns and a large, open, undeveloped valley area which maintains the spacing between the two distinct groups and provides an open swathe of land which is important to the area’s rural character.

There is a node of development at Achamore (see attached plan), positioned at the junction of the Bunessan coast road and the back road. Along the Uisken road (see attached plan) there is a mix of modern dwellings and ruinous/derelict buildings which are irregularly spaced and which follow the line of the road network.

The application site is located approximately 1km to the west of Bunessan. The site lies within an open valley area detailed above as a key characteristic of the landscape. This valley area is formed from the higher ground to the west which descends as it travels east towards a large agricultural field. Beyond the watercourse and field, the land rises again. The site itself lies on the edge of the descending land to the west and on the edge of the agricultural field. This valley area is bounded by the Bunessan back road to the north and the Uisken Road to the east. It is proposed to site a dwellinghouse and commercial shed on this low lying land, situated some 130 metres from the Uisken Road and 150 metres from the Bunessan back road,

Capacity to Absorb Further Development

In light of the key characteristics of the Achamore sub area, there are three key areas to consider when assessing the capacity of this area to absorb further development:

1. Achamore Junction : This node of development has been infilled with new development and is considered to have been developed to its maximum level. Further development at this node would result in a high density ribbon of development which would be alien form of development in this rural landscape. It is considered there is no capacity for further development at this node of development, with the possible exception of the redevelopment of the agricultural buildings.

2. Uisken Road : This area has a mix of modern properties and ruinous/derelict properties which follow the line of the road network. The predominant characteristic of this area is the very low density and irregular spacing of the development. It is considered there is moderate potential for development/redevelopment along this road network which reflects this pattern and maintains the important irregular spacing without raising the overall density of the development in the area.

3. Open ‘valley’ area : As discussed, this area is a key characteristic of this landscape, providing separation between the two different settlement areas. It is also an open swathe of land which contributes to the rural quality to the landscape. Loss of this important, open and low-lying area of land to development would, by virtue of its adverse impact on the areas undeveloped character and the merging on the two distinctive settlement patterns, be detrimental to this feature’s contribution to the wider landscape character of this area of regional significance and its integral part in the settlement pattern. It is therefore considered there is no capacity within this open valley area for further development.

Capacity of Surrounding Areas There is moderate capacity for further housing development within and adjacent to the existing villages, small clusters and within the areas of denser crofting townships. Uncoordinated ribbon development along the public roads and sporadic inmdividual houses not related to the existing settlement pattern would, cumulatively, detract from the essentially rural character of the Ross of Mull. It is important that significant gaps are maintained between such groups of house in order to prevent suburbanisation and loss of character.

Conclusion

In light of the foregoing, development of this open valley area would undermine a key landscape feature, through the loss of this important undeveloped land and the deviation from the established settlement patterns would result in the merging of these two distinctive settlement patterns.

The proposal cannot be justified in terms of environmental impact.

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Locational/Operational Need

The applicant has made a claim of operational need in support of this application (see appendix). This claim is based upon the applicants wishing to sell their farm and relocate their business to allow them to downsize the business solely to the feed business, whilst being able to stay in the immediate location to be near family. Whilst I understand the applicants desire to remain in this area, I do not consider there is an operational need for him to relocate to this particular site, rather it would be more convenient for the applicant to located here. Additionally I do not consider that this type of storage and distribution business is one that would justify an associated dwellinghouse. I do not consider therefore that the proposal can be justified in terms of locational/operational need.

Economic Benefit

There is an economic benefit attached to retaining this feed business on the Island, however, it is not considered that this is the only site for the business.

Servicing and Infrastructure

No adverse comments have been received from the consultees. The Roads Engineer has no objections subject to conditions and the Scottish Environmental Protection Agency has advised that, notwithstanding the proposal for an outfall to the watercourse, it will be necessary to dispose of sewage effluent from the site to a total soakaway. Should this not be possible, then it is likely that a biological treatment plant will be required.

Impact on Residential Amenity

The applicant currently operates this feed distribution business adjacent to existing dwellinghouses. The Public Protection unit are unaware of any complaints received about noise and disturbance from this business to date. This current proposal would see the proposed business moved to a location in front of an existing dwellinghouse, currently not affected by the business operations. If permission was to be granted for this new site, I consider it would be appropriate to limit the hours of operation of the storage and distribution business in order to protect the amenity of this adjacent dwellinghouse.

(D ) CONCLUSION

• The proposal cannot be justified in terms of environmental impact and is not supported by a substantiated claim of locational/operational need. The proposal is therefore contrary to STRAT 2 and SAS 1 of the Strathclyde Structure Plan and Policy RUR 1 of the adopted Mull, Coll and Tiree Local Plan.

• The proposal does not accord with the principles set out in the Government’s Planning Advice Note 36 on the siting and design of new houses in the countryside.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/01082/OUT

1. The application site lies on the edge of a large agricultural field located within the open countryside around the village of Bunessan. The site comprises rough sloping ground which is situated on the lower central level of a valley area. There is a node of development at Achamore positioned at the junction of the Bunessan coast road and the back road. Along the Uisken road there is a mix of modern dwellings and ruinous/derelict buildings which are irregularly spaced and which follow the line of the road network.The proposed house site is located some 150 metres from the back-road and 130 metres from the Uisken road and as such does not follow either pattern of nodal junction based development or low density, irregularly spaced roadside development which is characteristic of this area. The key internal characteristics of this Achamore area are the two distinctively different settlement patterns and a large, open, undeveloped valley area which maintains the spacing between the two distinct groups and provides an open swathe of land which is important to the area’s rural character. Loss of this important, open and low-lying area of land to development would, by virtue of its adverse impact on the areas undeveloped character and the merging on the two distinctive settlement patterns, be detrimental to this feature’s contribution to the wider landscape character of this area of regional significance and its integral part in the settlement pattern. The proposal would therefore detract from the landscape quality of this part of the South and West Mull Regional Scenic Area, which embraces the site. As such the proposal is contrary to Policies SAS 1 and STRAT 2 of the Approved Strathclyde Structure Plan 1997 and policy RUR 1 of the Adopted Mull, Coll and Tiree Local Plan which seek to ensure that new development maintains and where possible enhances the landscape quality of Regional Scenic Areas and seeks to resist prominent and sporadic development which would have an adverse environmental impact.

2. For the reasons stated above, the proposal has not been sufficiently justified in terms of the criteria set out in Policy STRAT 2A of the Strathclyde Structure Plan and Policy RUR 2 of the adopted Mull, Coll and Tiree Local Plan with particular regard to environmental impact and locational/operational need. The proposal is there contrary to the Policy STRAT 2 and SAS 1 of the approved Strathclyde Structure Plan and Policy RUR 1 of the adopted Mull, Coll and Tiree Local Plan.

3. The development of this site would result in the merging of the two distinctly difference settlement patterns, the development at Achamore junction and that along the Uisken road. This development would be at variance to the established settlement patterns in the Ross of Mull. Accordingly, the proposal does not respect the guiding principles of Planning Advice Note 36 (relating to the siting and design of housing in the countryside) which advises that development should be encouraged on suitable sites in existing settlements, and that the coalescence of settlements and ribbon development should be avoided.

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APPENDIX RELATIVE TO 02/01082/OUT

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

STRAT 2 The Regional Development Strategy requires a sustainable approach to the conservation and use of natural and heritage resources that cannot be readily regenerated or reproduced, and there shall therefore be a presumption against development which has an adverse impact on them.

STRAT 2A Proposal for development in, or affecting, natural or heritage resources that cannot be readily regenerated or reproduced shall require to be justified against the following criteria: (a) Economic Benefit (b) Infrastructure Implications (c) Specific Locational/operational need (d) Environmental Impact

SAS 1 In accordance with Policy STRAT 2, there shall be a general presumption against proposals for prominent or sporadic development which would have an adverse impact on the landscape quality or character of National Scenic Areas or the following areas or coasts of regional scenic significance.

Regional Scenic Areas Central, South and West Mull, …

Mull, Coll and Tiree Local Plan

RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

(b) Regional Scenic Areas : West and South Mull

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

(a) economic benefit (b) infrastructure implications (c) specific locational/operational need (d) environmental impact

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Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principal objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within Scotland.

The principle on which the policy on housing in the countryside is based are:-

• Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided. • Isolated development should discourages in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(e) Site History

Outline Planning Consent (reference 01/00353/OUT) for a house on a site some 150 metres to the north of the current site was refused on 13.6.01.

There is a node of development clustered around the junction of the A849 road and the back-road to Bunessan. Planning permission (ref. 01/94/0454/DET) was granted in 1994 for the erection of a dwelling adjacent to the farm buildings at the road junction. This house has been built. A further house (ref. 98/00356/DET) was granted at this location in June 1998 and this house has also been completed. Planning permission (ref. 97/00013/OUT) was refused for permission in principle for the erection of two houses located between the node of houses at the junction and the previous application site (ref. 01/00353/OUT). Permission was refused on the basis that the development of these two sites would have resulted in a dense linear form of development which would have been out of character with the established settlement patterns of the Ross of Mull.

(ii) Consultations

Response Date Comment Area Roads Engineer 10.7.02 No objection subject to conditions. Scottish Environmental Protection Agency 18.7.02 No objection subject to conditions. Scottish Water No response

(iii) Publicity and Representations

Advert Type : Article 9 Advert and a Potential Departure Advert Closing Date: 1.8.02 (overall)

Representations : Yes

Name Address Letter date Mr R Leplar & Mrs H Leplar Uisken Road, Bunessan 14.7.02 Mrs E MacDougall Ardtun, Bunessan 21.11.01

Mrs MacDougall’s letter is in support of the development and makes the points that the applicants animal feed business is vital to the island and that as the population is falling on the Island, families should be encouraged to remain.

Summary of points raised:

• Sporadic development which deviates from the development plan.

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Comment : The proposal is recommended for refusal on the basis it is contrary to the development plan.

• There is a node of relatively dense development at the Achamore Road junction which characterises the settlement pattern in this area. The development in this area has been increased over the years by the current applicant, comprising two houses and agricultural building/storage. The proposed development is a duplicate of the previous undertaken development at Achamore and is approved would lead to continual linear/ribbon development between Achamore and Newcrofts which would be detrimental to the landscape quality of this area.

Comment : The proposal is recommended for refusal on the basis that it does not respect the existing settlement pattern and will have an adverse impact on the landscape quality of this area.

• Approval of this application would set an undesirable precedent for further uncoordinated prominent development.

Comment : The proposal is recommended for refusal.

• Adverse impact on the habitat for wildlife, flora and fauna.

Comment : The site has no formal designations with respect to wildlife conservation or protection of flora and fauna

• Vehicular movements associated with the feed business would disturb the adjacent residential property.

Comment : Whilst the feed business would undoubtedly increase traffic movements in this area, it is consider that the private access is sufficiently removed from the boundary of the existing dwellinghouse to prevent it being a noise nuisance.

• The feed store business at Achamore relies to an extent on large haulier lorries making regular deliveries. If a new business were to be established on the proposed site, these lorries would have to use the back road to Bunessan which has a 12 ton weight limit on it.

Comment : This would be an issue for the hauliers to ensure only the use of lorries which would not exceed the weight restriction on the public road.

• Propose development would adversely affect the bed and breakfast business run by the adjacent dwellinghouse, spoiling the view and privacy of the guests visiting the establishment.

Comment : Loss of individual view is not a material planning consideration and the proposed house and shed are sufficiently distanced from the existing dwellinghouse to ensure there are no direct privacy problems.

• This is a ‘bad neighbour’ development creating noise and disturbance for the adjacent dwellinghouse.

Comment : It is considered that any potential for noise and disturbance could be regulated through a planning conditions restricting the hours of operation of the storage and distribution business.

• Concerns raised that the ‘ruin’ on which the site is located was only ever an outbuilding connected to the village, but was never a residence. Also there is no evidence of a drove road other than the existing Uisken Road.

Comment : The proposal for a house on this site has been assessed on its own merits. Whether there was a ruin on this site or not is incidental, as the proposal is assessed on whether the proposal fits into the landscape now.

• Mr and Mrs Leplar wish to point out discrepancies in the supporting statement. These being:

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“We obtained our property from the Duke of Argyll before Mrs H Leplar’s father (the applicant) obtained Achamore Farm, and our two young boys live with us. One sister lives in Tobermory with her three children and her husband who is the local Hydro Board lines man, and who definitely does not live at Achamore farm. Neither of us are in any way dependent on our father. The youngest sister does live in a caravan at Achamore farm working full time on Iona.”

(iv) Applicant’s Supporting Statement

The applicant’s agent has submitted a letter (dated 17.6.02) in support of the proposed development, which includes the following:

“I enclose copies of photographs taken of the proposed site which was pointed out by a local neighbour Mrs Fiona MacDougall as having an old ruin. This ruin has a reference from the 1851 census, which was part of a larger settlement.

My clients came to the island approximately 20 years ago. Since then their three daughters have moved to the island. One living in a house at the far corner of the farm married to a local fisherman, another living with them and working on Iona and the last in a caravan adjacent to their house. Together they have five grandchildren.

They are currently running two businesses, the farm and a feed delivery service to the Ross of Mull. They have a strong client base over the Ross fo Mull serving feed etc to hens, dogs, cats, horses, rabbits sheep and cattle for the smaller crofts. My clients are able to obtain feed in bulk and process it in smaller amounts at a more economical price for island living. This side of their business has increased sufficiently for them to sell the farm and run the feed business as a separate concern.

The proposed location would keep this close family together, with grandparents a short hop away over the field. This operation would tend to be a bad neighbour if it were to be located in Bunessan. I would suggest rural, especially island, life is hard enough with the amenities we have to offer in Argyll and that this family should be encouraged to remain in this locality and keep its close family relationship.

As previously stated it is their wish to reduce their workload to the feed business only, hence selling the farm and building a house and shed. The chosen site with its ruin (noted on the 1881 old map) is by a watercourse on a former drove road. It is set well down in the hollow with access from the adjacent single track road. The site is also well served with all services nearby. It has also been an S.H.A area left fallow over a number of years, however, it was a disappointment as this site showed very little regenerating.

It is our intention to site a 60’ x 30’ shed in this location with a house set back in the adjacent natural bay.“

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor C Cameron PLANNING APPLICATION REPORT Date of Validity - 8th July 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

9th August 2002

Reference Number: 02/01220/OUT Applicants Name: Mr and Mrs Gunn Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Land adjacent to Cala Sona, Appin

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwellinghouse (indicative house position submitted). • Formation of a new access

Other Specified Operations.

• Connection to public water main. • Connection to public sewer.

(B ) RECOMMENDATION

It is recommended that the application be continued to allow formal comments to be received from the Area Roads Engineer and Scottish Natural Heritage, these being statutory consultees.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Development Plan Policy

The site lies within the Lorn Local Plan Inset Map for Portnacroish, wherein the Local Plan has restricted new housing development to those areas identified by Policy HO 22. This proposed site lies outwith the areas identified by Policy HO 22 and there is no claim of locational or operational need made in support of the application.

Servicing and Infrastructure

At the time of writing no responses had been received from the Consultees. It is recommended that the application be continued to allow comments to be received from the Consultees and to allow assessment of the proposal in terms of servicing and infrastructure.

Justification for Departure from Local PLan

The proposed site lies within the garden area of an existing dwellinghouse known as Cala Sona and opposite the existing residential development known as Lonruadh Cottages. The site lies across the road from an area considered suitable for small-scale housing development. The development on the southern side of the road extends from the junction with the trunk road and the Port Appin road and comprises the Gunn’s Garage development and the house beyond, Cala Sona. Beyond the garden ground of Cala Sona, this side of the road changes into a heavily wooded hillside with occasional clearings until it reaches existing development further down the Port Appin Road. Whilst not allocated as being suitable for housing by the Local Plan, I consider this portion of the garden ground of Cala Sona to be suitable for the erection of a single dwellinghouse, as the proposal respects the existing settlement pattern, does not extend the overall boundary of this cluster of development in Appin. Additionally, the wooded hillside to the north west of the proposed site provides a natural boundary to F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\2\7\AI00004728\090201220WR090802SKP00.DOC 1

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the development along this side of the Port Appin road. The proposal is considered to be a suitable opportunity for rounding-off development. It has been recognised that there is a shortfall of available housing land within the Portnacroish Inset Map, determined during the assessment of two application 99/00264/OUT and 98/01517/OUT at Kinlochlaich, Portnacroish.

Accordingly, in light of the shortfall of housing land availability within the Portnacroish Inset Map and the suitability of the site for the development of one dwellinghouse, in landscape and settlement pattern terms, I consider the proposal can be justified as a minor departure from the Development Plan.

PAN 41 Local Hearing

As there have been no public representations to the proposal and as the development is considered to be a minor departure from the development plan, a Local Hearing it is not considered necessary in this instance.

(D ) CONCLUSION

Whilst contrary to Policy HO 22 of the Lorn Local Plan, the proposal is considered to be a suitable opportunity for the rounding-off development in terms of landscape and settlement pattern. The proposal could only be justified as a minor departure from the development plan provided the proposal can be considered acceptable in terms of servicing and infrastructure. Comments are yet to be received from the Consultees and full determination of the application should be continued until this information is received.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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APPENDIX RELATIVE TO 02/01220/OUT

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

RRA 2 Within the Remote Rural Area the following settlement strategy is appropriate

(a) presumption that development proposals serving a wide community of interests shall be located in the main settlements listed in Schedule 3. (b) A presumption that local development requirements shall be located in the settlements listed in Schedule 3. (c) An acceptance that development with a specific locational need shall be permitted in the countryside (for example, the primary industries of forestry, agriculture and fisheries). (d) A recognition that there shall be a presumption in favour of single or small scale residential development in the countryside except :

1. in areas where Local Plans have established that such a presumption should not apply.

Lorn Local Plan

HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.

Appin/Tynribbie/Portnacroish, …

The Council has accordingly restricted new housing development to areas identified on the inset maps. It will not grant approval for a house on greenfield sites outwith these areas other than in exceptional circumstances. Applicants will be required to demonstrate an overriding locational or operational need that makes it essential for them to have a house outwith rather than within the areas identified.

Where such need has been demonstrated, special attention will be given to ensure that the actual location of the house creates the minimum adverse environmental impact. Regard will also be had to the principles set out in the Government’s Planning Advice Note 36 when assessing all proposals within sensitive settlements.

Government Advice/Guidance

Siting and Design of New Housing in the Countryside

The principle objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within Scotland.

The principle on which the policy on housing in the countryside is based are:- • Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided.

(B) OTHER MATERIAL CONSIDERATIONS

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(i) Site History

None

(ii) Consultations

Response Date Comment Area Roads Engineer No response Scottish Natural Heritage No response Scottish Water No response

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 29.8.02

Representations : NONE

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Cllr MacIntyre PLANNING APPLICATION REPORT Date of Validity - 12.7.02 OBAN, LORN AND THE ISLES Committee Date - 4.9.02

15.8.02

Reference Number: 02/01244/DET Applicants Name: Dr J Hargreaves, Scottish Water Application Type: Detailed Planning Application Application Description: Construction of Waste Water Pumping Station, lay-by and ancillary works Location: Ganavan Road, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Formation of Lay-by (new vehicular access) on classified road. • Erection of Control Kiosk.

(B ) RECOMMENDATION

This application is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This proposal requires to be assessed in terms of its conformity to planning policy, impact upon the amenity of the residential properties in the area and its impact upon road safety.

Planning Policy The application site is located within the North West Argyll Regional Scenic Coast. As such policies STRAT 2, STRAT 2A and SAS 1 of the Strathclyde Structure Plan and RUR 1 and RUR 2 of the Lorn Local Plan apply. In relation to this proposal the relevant point of these policies is a requirement that natural resources such as landscape are not detrimentally effected by developments.

In this respect, it should be noted that only the lay-by and control kiosk require planning permission. All other elements of the pumping station are permitted development under class 43A of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992. Therefore, only the lay-by and the control kiosk can be assessed under this application.

The lay-by forms a minor extension to the public road network in visual terms and has no significant adverse visual impact. The control kiosk is 3.5 metres length, 2 metres high and 1 metre wide (it should be noted that if its length was reduced by 0.5 metres it would also be permitted development under class 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992). The kiosk is proposed to be located in the field at a level 1 metre below road level. Therefore only the top 1 metre of the kiosk will be readily visible from the road. The kiosk is to be constructed from glass reinforced plastic. Given its scale and position, the kiosk is not considered to have any significant adverse visual impact upon the landscape or the visual amenity of the area. Details of the proposed colour of the kiosk have not been submitted. A condition should be attached to any planning permission granted to ensure that the kiosk is finished in a recessive colour.

Given the above, this proposal is considered to be consistent with the planning policies covering the site.

Impact upon residential amenity.

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Public Protection have raised no objections to these elements of the development. On this basis, the development is considered to have no adverse impact in terms of either noise or smell nuisance and consequently no adverse impact upon the existing amenity of residential properties located in the adjoining area.

Road Safety

The Area Roads Engineer has raised no objections to this proposal. On this basis, this proposal is not considered to have any adverse impact upon road safety.

(D ) CONCLUSION

This proposal is consistent with planning policy and has no significant adverse impact upon road safety or residential amenity and is therefore considered to be acceptable.

Angus J Gilmour Head of Development and Building Control

Author: Adrian Jackson-Stark 01631 567955

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 02/01244/DET

1. Standard

Reason : Standard

2. The proposed control panel kiosk hereby approved shall be finished in a dull recessive colour. Prior to works commencing on site, full details of the colour of the proposed control panel kiosk shall be submitted to and approved by the Council as Planning Authority.

Reason : In the interests of visual amenity.

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APPENDIX RELATIVE TO 02/01244/DET

(A) POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

STRAT 2 The Regional Development Strategy requires a sustainable approach to the conservation and use of natural and heritage resources that cannot be readily regenerated or reproduced, and there shall therefore be a presumption against development which has an adverse impact on them.

STRAT 2A Proposal for development in, or affecting, natural or heritage resources that cannot be readily regenerated or reproduced shall require to be justified against the following criteria: (a) Economic Benefit (b) Infrastructure Implications (c) Specific Locational/operational need (d) Environmental Impact

SAS 1 In accordance with Policy STRAT 2, there shall be a general presumption against proposals for prominent or sporadic development which would have an adverse impact on the landscape quality or character of National Scenic Areas or the following areas or coasts of regional scenic significance.

Regional Scenic Coasts North West Argyll,

Lorn Local Plan

RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

Regional Scenic Coasts : North West Argyll

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

(a) economic benefit (b) infrastructure implications (c) specific locational/operational need (d) environmental impact

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant

(ii) Consultations

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Response Date Comment Area Roads Engineer 15.8.02 No objection Scottish Environmental Protection Agency 24.7.02 No objection Public Protection Unit 6.8.02 No objection

(iii) Publicity and Representations

Advert Type : Section 34 - Bad Neighbour Advert Closing Date: 8.8.02

Representations : yes

Name Address Letter date DM MacKinnon Solicitors on Bank of Scotland Buildings, Oban 31.7.02 behalf of Dunollie Estate P MacLeod, The Wheelhouse, Ganavan, Oban 31.7.02, 28.7.02, 14.7.02 J MacLeod, The Wheelhouse, Ganavan, Oban 14.7.02 L MacLeod 9 Kilmartin Court, Shore Street, 30.7.02, 15.7.02 Oban E Bingham The Anchorage, Ganavan, Oban 25.7.02 J Watson & B Henderson Lynn House, Ganavan, Oban 12.7.02 H Staird Ceol Mara, Ganavan, Oban 12.7.02 J & S Stoddart Tor-na-Var, Ganavan, Oban 22.7.02 W Leech Torman-na-Mara, Ganavan, Oban 20.7.02 Kwong Loi Yip Teven Cottage, 21 Ganavan 12.7.02 Road, Oban Mr & Mrs S Lawson, Kilchurn, Gananvan, Oban 19.7.02 A Coke Tigh-na-Mara, Onich 22.7.02 E Walton Brekka, Ganavan Road, Oban 22.7.02 The Church of Scotland 121 George Street, Edinburgh 22.7.02 E M Carmichael Braeside, Ganavan, Oban 22.7.02 Kilmore & Oban Church of Kilmore and Oban Manse, 21.7.02 Scotland Ganavan, Oban M Sharp Dreva Mhor, Ganavan, Oban 12.7.02 V Henderson Claremont, Ganavan, Oban 12.7.02 N MacKinnon Quiraing, Ganavan, Oban 19.7.02 D Vass Shandwick, Ganavan, Oban 18.7.02 McCracken & M Ferguson Crannaig-a-Mhinister, Ganavan, 14.7.02 Oban R Wood Brecbennoch, Ganavan, Oban 14.7.02 N Robertson Ferniehirst, Ganavan, Oban 13.7.02 J Robertson Ferniehirst, Ganavan, Oban 13.7.02 I & R MacInnes Bil-na-Bruaich, Ganavan, Oban 12.7.02 G & A McNab Ganavan House, Ganavan, Oban 16.7.02 W & M Taylor Lyndhee, Ganavan, Oban 12.7.02 M Graham Ceol-na-Mara, Farm Road, 12.7.02 Ganavan, Oban A Clark Heanish, Ganavan, Oban 15.7.02 D Hodge West Bracklinn, Ganavan, Oban 17.7.02 J Cooper Fairfield, Farm Road, Ganavan, 17.7.02 Oban G Heard-Smith Tir Nan Og, 7 Ganavan Road, 12.7.02 Oban

Summary of points raised:

• The proposal will have an adverse visual impact to the detriment of residents and tourists. Comment: The proposal is for the formation of a lay-by and the erection of a kiosk only. The kiosk is set down within the site so that only the upper part would be visible. The kiosk is of relatively small F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\2\7\AI00004728\090201244WR15.8.0200.DOC 5

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dimensions 3.5m by 1m by 2m in height and it is therefore considered, with satisfactory colouring, would have little adverse visual impact within this part of the Regional Scenic Coast.

• The proposed development should be relocated to an alternative site in a position that is not in front of the existing houses. Comment: The application is to be determined on its individual planning merits on the site as specified by the applicant.

• The proposed lay-by can be used by passing traffic and operational vehicles at any time that may create noise nuisance. Comment: Public Protection have confirmed that they have no objections to this proposal.

• The pumping station may itself cause a noise nuisance. Comment: Only the lay-by and control kiosk require planning permission. All other elements of the pumping station are permitted development under class 43A of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992. Therefore, only the lay-by and the control kiosk can be assessed under this application. These two elements are not considered to raise any concerns in terms of noise nuisance. Public Protection have confirmed that they have no objections to this proposal.

• The application site is subject to a conservation agreement due its flora and fauna. Comment: The application site is not subject to any designated status in terms of conservation of flora or fauna.

• The proposal is detrimental to road safety as the proposal will result in increased traffic using the road and there are no vehicle turning facilities associated with this development. Comment: The Area Roads Engineer has raised no objections to this proposal in terms of road safety.

• This proposal will have a detrimental impact upon the value of residential properties in the vicinity of the application site. Comment: This issue of property value is not of itself a material planning consideration.

• This proposal may cause smell nuisance. Comment: Only the lay-by and control kiosk require planning permission. All other elements of the pumping station are permitted development under class 43A of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992. Therefore, only the lay-by and the control kiosk can be assessed under this application. These two elements are not considered to raise any concerns in terms of smell nuisance. Public Protection have confirmed that they have no objections to this proposal.

• The proposed development will have a detrimental impact upon the views from adjacent residential properties. Comment: No one has a right to a view. The development can only be determined with regard to its potential visual impact upon the surrounding countryside. That issue is considered above.

• The owner of the site, Dunollie Estate, has written to the applicants (copy forwarded to the planning dept.) stating that they refuse to grant consent for any of Scottish Water developments for pipelines and the proposed pumping station on or crossing Dunollie Estate land. Comment: Although of significance to the applicant in terms of the installation of the pumping station this is not a material planning consideration.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 02/01244/DET

The Council’s Area Roads Manager has advised as follows:

Construction consent is required for the works to the public footpath.

You are advised to contact them direct to discuss this matter:

Contact:

Area Roads Engineer Transportation and Property Services Argyll and Bute Council Kilbowie House Gallanach Road Oban

Tel: 01631 562125

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor C Cameron PLANNING APPLICATION REPORT Date of Validity - 17th June 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

6th August 2002

Reference Number: 02/01076/MFF Applicants Name: Forera Ltd Application Type: Marine Fish Farm Consultation Application Description: Modification of shellfish farm Location: Sgier Lag Choan, Loch Etive

(A ) THE APPLICATION

Operations subject of consultation.

• Modification of shellfish farm : Increase in equipment on site from 11 mussel rafts (12m x 12m) to 17 mussel rafts (12m x 12m)

(B ) RECOMMENDATION

It is recommended that no objections be raised to the proposal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

• Loch Etive is designated by the Scottish Executives Locational Guidelines for Marine Fish Farming as a Category 2 Area. Within this area the prospects for further substantial developments are likely to be limited although it is considered that there may be potential for modifications of existing operations or limited expansion of existing sites, particularly where proposals will result in an overall reduction in environmental effect. The current proposal is for an increase in equipment on the site, an addition of 6 mussel rafts, taking the total permitted on site to 17 rafts. The site is located within middle Loch Etive where there is considerable existing aquaculture development. The existing farm is visible from both sides of Loch Etive. The proposed rafts would increase the developed surface area of the site and will as a result increase the visual impact of the farm from short distance views. However, in the wider landscape, it is not considered that the additional rafts will have a significant impact as they will merge with the existing rafts. The development is enclosed in a bay and therefore does not intrude unduly on long views along the loch and the rafts have been placed alongside a small island which helps to disguise them from a distance. Whilst this current proposal represents a significant increase in the amount of equipment on the site, it is not proposed to enlarge the existing lease area. The site lies adjacent to a Regional Scenic Area, however it is considered that the proposal to increase the mussel rafts on site will not have an adverse impact on the landscape quality of the Regional Scenic Area.

• The site lies within an area of Loch Etive, from Bonawe to the top loch which contains a fairly substantial level of aquaculture development. It is considered that this proposal for 6 additional rafts will not result in an increase in environmental impact on the landscape quality of this area of Loch Etive. This is primarily due to the already industrialised nature of this area which contains the Quarry and which provides the part of the visual backdrop for the shellfish farm, and its location within a fairly well developed area for aquaculture. • No concerns have been raised by the consultees with respect to effects on navigation, natural and heritage resources, quality and capacity of water catchments and other fishery interests. The Scottish Executive’s Fisheries and Rural Development Group has advised that the position of the site falls within management area 15b and as such will have an impact on or be impacted upon by sites within the management area. It is therefore recommended that management agreements are entered into with operators sharing the same area.

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(D ) CONCLUSION

• Consistent with Policy FF 1 and FF 2 of the Strathclyde Structure Plan, being justifiable in terms of landscape impact, and not adversely affecting nature conservation, quality and capacity of water catchment and other fishery interests.

• Consistent with Policy RUR 16 of the Lorn Local Plan, being justifiable in terms of landscape impact and not adversely affecting the conservation of natural and heritage resources and navigation or other land/water uses and resources.

• Consistent with the Scottish Executives Locational Guidelines, which categorises Loch Etive as an area where there may be potential for modification of existing operations.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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RESTRICTIONS RELATIVE TO APPLICATION 02/01076/MFF

1. Only non-lethal and non-destructive anti-predator measures shall be used at this site, in accordance with the guidance published and provided by Scottish Natural Heritage.

Reason : In the interests of wildlife protection.

Note to Crown Estate

• Concerns have been raised over the use of unauthorised equipment on this site, namely longlines.

• The Scottish Executive’s Fisheries and Rural Development Group has advised that the position of the site falls within management area 15b and as such will have an impact on or be impacted upon by sites within the management area. It is therefore recommended that management agreements are entered into with operators sharing the same area.

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APPENDIX RELATIVE TO 02/01076/MFF

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

FF 1 Proposals for fish farming will generally support the Regional Development Strategy where they have regard to:

(a) the landscape quality of scenic areas or coasts, (b) nature conservation (c) the quality and capacity of water catchment and supplies and, (d) the value of other fishery interests.

FF 2 The Council will recognise the following areas as:

(a) very sensitive to marine fish farm development - Loch na Keal (Mull), Loch Scridan (Mull), Loch Coalisport, Loch Tarbert (Jura), Loch Striven and the Kyles of Bute. (b) preferred for fish farm development - North West Jura, South Islay and South West Loch Indall, Coll/Tiree/Colonsay, West Loch Fyne, East Loch Fyne/West Cowal.

Lorn Local Plan

RUR 16 The Council will regard coastal water adjoining land recognised as being of scenic importance in POL RUR 1 as being ‘Sensitive Areas’ for fish farming development. In these waters, the presumption will be against such development unless it can be justified against the following criteria

i. Landscape impact ii. Economic benefit iii. Effect on conservation of natural and heritage resources iv. Effect on navigation and on other land/water uses and resources.

Scottish Executive Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters

The proposed lease area lies within a Category 2 area as defined by the Scottish Executives Locational Guidelines. Within a Category 2 area the prospects for further substantial developments are likely to be limited although there may be potential for modifications of existing operations or limited expansion of existing sites where proposals will result in an overall reduction in environmental effect, so enhancing the qualities of the area and hydrological conditions.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

99/01504/MFF : Temporary siting of five trout cages between existing lines of mussel rafts within an existing lease area. Lease granted for temporary period, November 1999 to April 2001, to allow the applicant to comply with ISA fallowing requirements.

01/00413/MFF : Lease granted for the modification of the existing farm at Sgeir Lag Choan, to allow installation of an addition 5 mussel rafts, taking the total to 11 rafts.

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(ii) Consultations

Response Date Comment RSPB Scotland 18.6.02 No objections Scottish Environmental Protection Agency 9.7.02 No objections Scottish Executive Environment & Rural 18.7.02 No objections Affairs Department Scottish Natural Heritage 4.7.02 No objections Northern Lighthouse Board 26.6.02 No objections

(iii) Publicity and Representations

Advert Type : Marine Fish Farm Consultation Interim Procedures Closing Date: 18.7.02

Representations : Yes

Name Address Letter date Loch Etive Farmed Shellfish Connel, by Oban 23.6.02

Summary of points raised:

• Objections to the proposed expansion raised until the biological carrying capacity of the loch is ascertained.

Comment : I have received no objections from Scottish Natural Heritage or from the Scottish Executive’s Fisheries and Rural Development Group. Calls have again been made requesting a Framework Plan for the Loch to be produced and concerns raised that this mid/top area of Loch Etive is becoming over-developed and that further expansion in this area, beyond this current proposal, is likely to be limited.

• Concerns raised over unauthorised equipment on the site and permitted equipment which is not appropriate for this site.

Comment : These are issues which should be addressed by the Crown Estate as landlords of the site.

• Concerns raised over the proximity of this site to other shellfish farms, being short of the Scottish Executives minimum recommended separation distances.

Comment : The Scottish Executive have advised they see no adverse disease implications arising from this application and have no objections to the increase in the number of rafts on this mussel farm.

(iv) Statement from Statutory Plans with respect to Fish Farming Strategy

The draft modifications to Argyll and Bute Structure Plan contain the following headline proposal.

PROP CP 1 – Aquaculture and Development Control

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shell-fish and fin-fish farming.

B) The policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters”, issued by the Scottish Executive.

These guidelines focus on fin-fish farming but also include indicative separation distances for shell-fish farms.

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Discussion with officials in the Scottish Executive indicate that revised Scottish Executive guidelines will be published later this Autumn. This will provide an updated national policy context.

The Argyll and Bute Structure Plan also includes a ‘recommendation’ REC CP 1 that the Council along with partners and interest groups pursue seven priority coastal framework plans. Loch Etive is included as one of the priority coastal lochs. The coastal framework plan process, once it is resourced, organised and implemented will provide a basis for considering carrying-capacity for shell- and fin-fish farming and for resolving competing interests within the sea loch systems.

In the meantime, the Argyll and Bute Local Plan is being prepared on the basis of establishing initial presumptions in favour or against shell- and fin-fish farming along with a set of more detailed assessment criteria. These presumptions in favour should reflect the relatively benign nature of shell-fish farming. This is backed up by a very recent Scottish Executive research publication (1 August 2002) – Review and Synthesis of the Environmental Impacts of Aquaculture. This notes that the shell-fish farming industry is “highly dependent on the maintenance of good water quality” and concludes that “the environmental impacts of shell-fish farming in Scotland are generally considered to be minimal”. The report notes that “there are some objections to mussel cultivation on the basis of the visual impact of the floats supporting the culture ropes, although the widespread use of low profile, grey or black floats minimises the effect”. The report further notes that “Oyster culture, as conducted in Scotland, has to be considered benign, with a limited visual impact of trestles, only visible at low tides”.

The preceding factors are influencing the shell-fish farming policies currently being worked up in the Local Plan and are relevant to the current assessment of shell-fish farming proposals in Loch Etive. The Local Plan shell-fish farming policies, as currently prepared, commence with initial presumptions in favour or against as follows:

There is an initial presumption in favour of shell-fish farming in the waters of Argyll and Bute with the exception of:

1. the Greenbelt zone 2. the Countryside Around Settlement zones 3. the settlement zones 4. statutorily designated nature conservation areas/sites (marine or landward) 5. locations within the indicative separation distances specified for shell-fish farms in the Scottish Executive – Locational Guidelines.

There is a presumption against shell-fish farming proposals in locations 1-5 above.

Shell-fish farm proposals within the presumptions in favour locations will only be resisted if exceptional operational or environmental issues are judged to weigh against the proposal.

Shell-fish farm proposals within the presumption against locations will only be supported if there are exceptional overriding operational circumstances justifying such a location which cannot reasonably be satisfied in a presumption in favour location in the respective sea-loch or coastal sector and if it is demonstrated that the proposal does not have significant environmental consequences either directly or cumulatively.

The assessment of shell-fish farm proposals under the above shall be informed by the Scottish Executive- Guidelines, by consultee responses and by representations by interested parties.

The above criteria can be employed as an interim policy response to shell-fish farm proposals in Loch Etive noting that the Countryside Around Settlements and settlement boundaries have only been mapped informally at this stage and remain to be ratified through the Local Plan process.

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DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Councillor A Macaskill PLANNING APPLICATION REPORT Date of Validity - 10th July 2002 OBAN, LORN AND THE ISLES Committee Date - 4th September 2002

8th August 2002

Reference Number: 02/01228/MFF Applicants Name: Muckairn Mussels Ltd Application Type: Marine Fish Farm Consultation Application Description: Modification of shellfish farm Location: Sailean Ruadh, (Muckairn), Loch Etive

(A ) THE APPLICATION

Operations subject of consultation.

• Modification of shellfish farm : change from 3 x 10 x 10 metre rafts to 3 x 220 metre longlines • Modification of lease area to accommodate change in equipment.

(B ) RECOMMENDATION

It is recommended that no objections be raised to the proposal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

• Loch Etive is designated by the Scottish Executives Locational Guidelines for Marine Fish Farming as a Category 2 Area. Within this area the prospects for further substantial developments are likely to be limited although it is considered that there may be potential for modifications of existing operations or limited expansion of existing sites, particularly where proposals will result in an overall reduction in environmental effect. The current proposal is for a change in equipment on the site, from three mussel rafts to three, 220 metre longlines. It is for operational reasons (previous damage to the rafts) that the applicant wishes to change to longlines. The position of the proposed longlines has been chosen to allow a backdrop of coastline from a maximum of viewpoints and to retain access to the bay. The longlines will be visible from certain positions along the Bonawe road. However when off-set against the existing consented three rafts it is not considered that the proposal will have an increased environmental impact, due to the diminishing effect when dealing with this sort of distance, approximately 1km and with the longlines having a coastal backdrop from many of the vantage points. The site will be visible from the top of the Glen Salach Road as this road is situated at a higher level and looks down on the Loch. Due to the topography, this view will be restricted to the top of the road and the bottom junction, the site not interrupting the vista when travelling down the main part of the road. The longlines will however be at a distance of 1.5 to 2km from the viewpoint, and their impact has to be offset against the existing situation of three rafts consented on the site. The site lies adjacent to a Local Scenic Area, however it is considered that the proposal to the change from rafts to longlines will not have an adverse impact on the landscape quality of the Local Scenic Area.

• The site lies within an area of Loch Etive, from Rubha Chairn Bhig to Airds Point which contains a fairly substantial level of aquaculture development. It is considered that this proposal for a change in equipment will not result in an increase in environmental impact on the landscape quality of this area of Loch Etive, due to its position away from public view, the diminishing effect due to its coastal backdrop and its location within a fairly well developed area for aquaculture. • No concerns have been raised by the consultees with respect to effects on navigation, natural and heritage resources, quality and capacity of water catchments and other fishery interests. The Scottish Executive’s Fisheries and Rural Development Group has advised they do not anticipate a significant increase in environmental impact or adverse disease implications arising from the development.

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(D ) CONCLUSION

• Consistent with Policy FF 1 and FF 2 of the Strathclyde Structure Plan, being justifiable in terms of landscape impact, and not adversely affecting nature conservation, quality and capacity of water catchment and other fishery interests.

• Consistent with Policy RUR 16 of the Lorn Local Plan, being justifiable in terms of landscape impact and not adversely affecting the conservation of natural and heritage resources and navigation or other land/water uses and resources.

• Consistent with the Scottish Executives Locational Guidelines, which categorises Loch Etive as an area where there may be potential for modification of existing operations.

Angus J Gilmour Head of Development and Building Control

Author: Susan Poole 01631 567956

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RESTRICTIONS RELATIVE TO APPLICATION 02/01228/MFF

1. All visible equipment shall be finished in a dark grey matt colour in order to minimise the visual impact of the development.

Reason : In the interests of visual amenity in order to reduce the visual impact of the proposal.

2. Only non-lethal and non-destructive anti-predator measures shall be used at this site, in accordance with the guidance published and provided by Scottish Natural Heritage.

Reason : In the interests of wildlife protection.

3. The site be marked by one lit buoy, conical in shape, exhibiting a yellow flashing light, character flash every 5 seconds (FI Y 5s), fitted with a yellow multiplication cross topmark. The buoy should be positioned at the North West corner of the site. The buoy should have a diameter of approximately 1 metre at the waterline with the focal plane of the light some 2 metres above that level. The visible range of the light should be 2 nautical miles.

Reason : In the interests of navigational safety.

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APPENDIX RELATIVE TO 02/01228/MFF

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

FF 1 Proposals for fish farming will generally support the Regional Development Strategy where they have regard to:

(a) the landscape quality of scenic areas or coasts, (b) nature conservation (c) the quality and capacity of water catchment and supplies and, (d) the value of other fishery interests.

FF 2 The Council will recognise the following areas as:

(a) very sensitive to marine fish farm development - Loch na Keal (Mull), Loch Scridan (Mull), Loch Coalisport, Loch Tarbert (Jura), Loch Striven and the Kyles of Bute. (b) preferred for fish farm development - North West Jura, South Islay and South West Loch Indall, Coll/Tiree/Colonsay, West Loch Fyne, East Loch Fyne/West Cowal.

Lorn Local Plan

RUR 16 The Council will regard coastal water adjoining land recognised as being of scenic importance in POL RUR 1 as being ‘Sensitive Areas’ for fish farming development. In these waters, the presumption will be against such development unless it can be justified against the following criteria

i. Landscape impact ii. Economic benefit iii. Effect on conservation of natural and heritage resources iv. Effect on navigation and on other land/water uses and resources.

Scottish Executive Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters

The proposed lease area lies within a Category 2 area as defined by the Scottish Executives Locational Guidelines. Within a Category 2 area the prospects for further substantial developments are likely to be limited although there may be potential for modifications of existing operations or limited expansion of existing sites where proposals will result in an overall reduction in environmental effect, so enhancing the qualities of the area and hydrological conditions.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

The applicant currently has a lease for three mussel rafts on this site. It is however proposed to modify the shape of the site to accommodate the proposed new equipment.

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(ii) Consultations

Response Date Comment RSPB Scotland 19.7.02 No objections subject to condition Scottish Environmental Protection Agency 7.8.02 No objections Scottish Executive Environment & Rural 2.8.02 No objections. Affairs Department Royal Yachting Association No response Scottish Natural Heritage 17.7.02 No Objections. Northern Lighthouse Board 23.7.02 No objections subject to condition

(iii) Publicity and Representations

Advert Type : Marine Fish Farm Consultation Interim Procedures Closing Date: 8.8.02

Representations : Yes

Name Address Letter date Mrs K Gillies Achaleven, Connel 24.7.02 Mr M Kelly Longsdale Crescent, Oban 24.7.02 Mr H MacLeod North Connel, by Oban 5.8.02 (received date)

Summary of points raised:

• Site is opposite Bonawe and will have a detrimental impact on the natural beauty of this National Scenic Area.

Comment : The site lies adjacent to a Local Scenic Area, however it is considered that the proposal will not have an adverse impact on the landscape quality of the Local Scenic Area. It is considered that the proposed change in equipment from three rafts to three longlines will not result in an increase visual impact.

• Potential pollution as a result of the development.

Comment : This is an issue which is regulated by the Scottish Environmental Protection Agency.

• The proposed site will restrict access to the shoreline by boat.

Comment : The longlines have been proposed in a position which will continue to allow access to this bay.

• The proposal will add to the unsightly equipment which is strewn about the shores of Loch Etive.

Comment: This issue is not specific to this site, but is an issue for the landlords of sites, i.e. the Crown Estate, to ensure good management on their sites.

• Detrimental impact on otters habitat.

Comment: Scottish Natural Heritage has raised no objection to the proposal.

• Loss of fishing waters for prawn fisherman.

Comment: This proposal is for a modification to an existing lease area, rather than a new site. There are therefore already restrictions on this area of water for fishing.

• Calls have again been made for a Strategic Plan for Loch Etive to be produced.

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(iv) Applicants Supporting Information

The applicant has advised that this is a very exposed site, to which rafts are not suited. In March 2002 they experienced very serious damage to the steel girders on the existing rafts on this site, and have enclosed photographic evidence to support this.

(v) Statement from Statutory Plans with respect to Fish Farming Strategy

The draft modifications to Argyll and Bute Structure Plan contain the following headline proposal.

PROP CP 1 – Aquaculture and Development Control

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shell-fish and fin-fish farming.

B) The policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters”, issued by the Scottish Executive.

These guidelines focus on fin-fish farming but also include indicative separation distances for shell-fish farms.

Discussion with officials in the Scottish Executive indicate that revised Scottish Executive guidelines will be published later this Autumn. This will provide an updated national policy context.

The Argyll and Bute Structure Plan also includes a ‘recommendation’ REC CP 1 that the Council along with partners and interest groups pursue seven priority coastal framework plans. Loch Etive is included as one of the priority coastal lochs. The coastal framework plan process, once it is resourced, organised and implemented will provide a basis for considering carrying-capacity for shell- and fin-fish farming and for resolving competing interests within the sea loch systems.

In the meantime, the Argyll and Bute Local Plan is being prepared on the basis of establishing initial presumptions in favour or against shell- and fin-fish farming along with a set of more detailed assessment criteria. These presumptions in favour should reflect the relatively benign nature of shell-fish farming. This is backed up by a very recent Scottish Executive research publication (1 August 2002) – Review and Synthesis of the Environmental Impacts of Aquaculture. This notes that the shell-fish farming industry is “highly dependent on the maintenance of good water quality” and concludes that “the environmental impacts of shell-fish farming in Scotland are generally considered to be minimal”. The report notes that “there are some objections to mussel cultivation on the basis of the visual impact of the floats supporting the culture ropes, although the widespread use of low profile, grey or black floats minimises the effect”. The report further notes that “Oyster culture, as conducted in Scotland, has to be considered benign, with a limited visual impact of trestles, only visible at low tides”.

The preceding factors are influencing the shell-fish farming policies currently being worked up in the Local Plan and are relevant to the current assessment of shell-fish farming proposals in Loch Etive. The Local Plan shell-fish farming policies, as currently prepared, commence with initial presumptions in favour or against as follows:

There is an initial presumption in favour of shell-fish farming in the waters of Argyll and Bute with the exception of:

1. the Greenbelt zone 2. the Countryside Around Settlement zones 3. the settlement zones 4. statutorily designated nature conservation areas/sites (marine or landward) 5. locations within the indicative separation distances specified for shell-fish farms in the Scottish Executive – Locational Guidelines.

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There is a presumption against shell-fish farming proposals in locations 1-5 above.

Shell-fish farm proposals within the presumptions in favour locations will only be resisted if exceptional operational or environmental issues are judged to weigh against the proposal.

Shell-fish farm proposals within the presumption against locations will only be supported if there are exceptional overriding operational circumstances justifying such a location which cannot reasonably be satisfied in a presumption in favour location in the respective sea-loch or coastal sector and if it is demonstrated that the proposal does not have significant environmental consequences either directly or cumulatively.

The assessment of shell-fish farm proposals under the above shall be informed by the Scottish Executive- Guidelines, by consultee responses and by representations by interested parties.

The above criteria can be employed as an interim policy response to shell-fish farm proposals in Loch Etive noting that the Countryside Around Settlements and settlement boundaries have only been mapped informally at this stage and remain to be ratified through the Local Plan process.

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ARGYLL & BUTE COUNCIL Oban, Lorn & the Isles Area Committee

DEVELOPMENT AND ENVIRONMENT SERVICES 4 September 2002 LEISURE DEVELOPMENT GRANT APPLICATIONS

1. SUMMARY

1.1 Approval is sought for Leisure Development Grant applications by local groups.

2. RECOMMENDATIONS

2.1 That the following organisations be considered for the award of grant assistance from the 2002/2003 allocation:

Project Amount Recommended Chairman/ cost (£) requested (£) award (£) Vice Chairman’s Recommended Award (To be determined by the Committee) Hebridean Whale and Dolphin Trust (HWDT) £8,720 £3,970 £200 Oban Pipe Band £400 £400 £400

Tiree and Coll £3,110 £500 £500 Gaelic Partnership £1,500 Fèis Latharna £66,500 £1,500 (over 3 years)

3. DETAIL

3.1 Argyll & Bute Council has agreed that Grant Applications for organisations operating solely within the Lorn & the Isles Area Committee boundaries should be considered by this committee.

3.2 An allocation of £22,300.00 has been made for the current financial year. This is the same as that allocated during 2001/2002.

3.3 To date £14,980.00 has been awarded by Members for this financial year.

3.4 The total of unclaimed awards fed back into the budget to date amounts to £0.

3.5 The current balance of funds available for the remainder of this financial year therefore stands at £7,320.00 IMPLICATIONS Policy None Financial None Personnel None Equal Opportunity None

For further information contact: Gwilym Gibbons - Development Manager Telephone 01631 567333 LIST OF BACKGROUND PAPERS None Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Agenda Item 4e

AGENDA ITEM NO. ______

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES CORPORATE AND LEGAL SERVICES AREA COMMITTEE

______

Corran Halls Activity Report - September/ October 2002 ______

1.0 SUMMARY

1.1 The purpose of this report is to inform members of forthcoming events and bookings confirmed to take place in the Corran Halls.

2.0 RECOMMENDATION

2.1 It is recommended that members note the attached appendixes.

3.0 DETAIL Please see attached appendixes:

3.1 Appendix 1 Outlines confirmed open events due to take in the Corran Halls from September and October

Appendix 2 Outlines the forthcoming closed events e.g. conferences and meetings and lists forthcoming major events of regional/ national significance.

4.0 BACKGROUND

4.1 The attached report outlines information requested by members to be provided on a monthly basis.

5.0 CONCLUSION

5.1 The attached programme demonstrates the continuation of a sustainable managed programme of activity.

6.0 IMPLICATIONS Policy: None Financial: None Personnel: None Equal Opportunities: None

For further information contact: Gwilym Gibbons, Development Manager – Corran Halls 01631 567333

Corran Halls Activity Report Last updated: 26/08/2002 Page 124

APPENDIX 1

Corran Halls Whats on September / October 4 September Malcolm Jones Concert Studio Theatre 7.30pm Ticket prices £6/£5

7 Sept HCPT The Pilgrimage Trust Ceildh Main fundraiser for the charity to enable them to take children with disabilities for a weeks holiday to Lourdes Main Hall 8pm ticket prices tbc

10 Sept Scottish Ballet Scottish Ballet’s autumn tour Main Hall 7.30pm Ticket prices £8 Adult, £6 Conc,£5child

14/15 September Jehovah Witness Convention

16 – 22 Sept Spotlight Theatre Company presents “Spotlight on Rodgers” Awaiting further details

18 Sept Mull Theatre

21 Sept Music for your pleasure Artists perform a range of musical pieces. Presented by Maestro Heald Smith. Tickets £4.00/£2.00. Main Hall 7.30pm

24 Sept Tag Theatre

28 September BBC Antiques Road Show

1st Oct – 16 Oct John Paterson Exhibition – in aid of the Dochas Fund

16 October The Birdcatcher

19 Oct 784 Theatre Company Presents The Factory Girls Main Hall 7.30pm Ticket price tba

20 Oct Theo Travis

25 Oct Scottish Opera

26 Oct The Animals Concert

29,30,31,1,2 Nov Ballet West Presents The Nutcracker

Corran Halls Activity Report Last updated: 26/08/2002 Page 125

APPENDIX 2

Corran Halls Confirmed Venue Bookings

Conferences / Meetings 4/6 Sept LIDGH – Surgical Conference 13 Sept Young Scot Gidz 19 Sept Social Work meeting 10 &11 Oct Argyll & Bute Council meeting 23 Oct S.E.P.A Conference 28 Oct Highlands and Islands Convention 15 & 16 November Oban Lions Club Convention 27/28/29 Nov Development Partners meeting 5 Nov Comm. Education meeting 22 Dec Rotary Club conference

Confirmed bookings and events

12 September Argyll Youth Theatre 18 Sept H.I.M.D.F Workshop 3 October Argyll Youth Theatre 18 October Wedding 24 October Argyll Youth Theatre 31 October Arygll Youth Theatre 7 November Argyll Youth Theatre 8 Nov Undermilkwood 12 Nov Blood Transfusion 14 November Argyll Youth Theatre 21 November Argyll Youth Theatre 24 Nov The Happy Gang 29 November West Of Scotland Ballet 30 Nov Argyll Animal Aid 1-7 Dec Christmas Panto 12 December Argyll Youth Theatre 14 December Lorn Arts and Crafts 15 Dec Music for Your Pleasure 19 December Argyll Youth Theatre

Corran Halls Activity Report Last updated: 26/08/2002 Page 126 Page 127 Agenda Item 4f

AGENDA ITEM NO

ARGYLL AND BUTE COUNCIL DEVELOPMENT & ENVIRONMENT OBAN, LORN AND THE ISLES SERVICES AREA COMMITTEE 4th SEPTEMBER 2002

PROVISION OF TRANSPORTATION AND AMENITY SERVICES ON LISMORE

1. SUMMARY

1.1 This report is to advise Members of the working arrangements on Lismore concerning services provided by the Transportation and Amenity Services departments.

2. RECOMMENDATIONS

2.1 To note the method of service provision on the island.

3. DETAIL

3.1 Officers from both services have been asked to look at the works carried out to establish if there is currently a viable alternative to sending mainland based crews to Lismore, specifically to consider an permanent employee on the island.

3.2 Work carried out includes road repairs, defect monitoring, grass cutting and refuse collection. Costs of this work are in the region of £40,000 for Transportation Services and £15,000 for Amenity Services inclusive of materials and direct labour. These sums equate to current staffing levels and will not reduce if sections of this work were provided by alternative suppliers, apart from a potential small saving on ferry fares.

3.3 Apart from refuse collection, the workloads are seasonal with most road repairs programmed over the winter and grounds maintenance over the summer. However, the frequency of tasks is relatively low with grasscutting scheduled fortnightly and road repairs undertaken over two visits of around four days duration.

3.4 Roads are inspected twice yearly for defects prior to the work team visiting the island. The Area Roads Manager has undertaken to prioritise the twice yearly visits of the roads squad to ensure that all defects are attended to. This should adequately address defects such as potholes before they become problematic. Page 128

3.5 The relative ease with which Lismore can be accessed means it is possible to work on the island outside of these schedules to address defects where necessary. Additionally, an island-based contractor is available for attending to road safety defects between scheduled visits.

3.6 Following local advertisements there has been some interest from private contractors in taking on grounds maintenance work, however the indicative costings from these would add to existing departmental expenditure in an area where we currently have no additional budget.

4. CONCLUSION

4.1 Continuation of existing working practices demonstrates the most cost effective option for service provision at present. However, this will be kept under review and new options will be considered as they arise.

5. IMPLICATIONS

Policy None

Financial None

Personnel None

Equal Opportunity None

For further information contact: Iain Welsh Area Amenity Services Manager Oban, Lorn and the Isles

Telephone 01631 567918

LIST OF BACKGROUND PAPERS

None Page 129 Agenda Item 5a Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Agenda Item 6a

ARGYLL & BUTE COUNCIL STRATEGIC POLICY COMMITTEE HOUSING & SOCIAL WORK DEPARTMENT 15 AUGUST 2002

REVIEW OF HOME CARE SERVICES

1. SUMMARY

1.1 This report takes forward issues identified by the former Housing and Social Work Committee, in November 2000, regarding the future shape of the home care service provided by the Council, and makes recommendations in respect thereof.

2. RECOMMENDATIONS

2.1 Members are asked to agree the terms of the attached review paper, as a basis for the Director of Housing and Social Work to take forward discussions with employees/trade unions/service providers and service users as appropriate;

2.2 To note that reports on progress will be brought forward on a regular basis.

2.3 To agree that the report be submitted to the four Area Committees.

3. BACKGROUND

3.1 The future shape of the Council’s home care service was originally considered as part of the regime of best value service reviews carried out within the Housing and Social Work Department. Initial recommendations made have now been further developed, and are set out in the detailed report attached to this paper. Relevant background information is also provided therein.

4. CONCLUSIONS

4.1 The proposals contained in the report represent a way forward for the provision of home care services across Argyll and Bute.

5. IMPLICATIONS

Policy: The proposals are consistent with the priorities of the Council, the Social Justice Agenda, and the Scottish Executive’s free Personal/Nursing Care Agenda

Financial: Further reports on any financial implications will be submitted in the progress reports which will be provided if the paper is agreed.

Legal: Potential implications for existing employees/service providers/users. Again these will be addressed in update reports.

Page 136

Personnel: Potential changes in methods of service delivery could impact on Council employees.

Equal Opportunities: None

Director of Housing and Social Work 23 July 2002

For further information please contact: -

Jim Robb, Service Manager – Helensburgh and Lomond 29 Lomond Street Helensburgh G83 7PW

Tel: 01436 658750

Reviewofhomecareservicesreport00.Doc 2 26/08/02 Page 137

Home Care Best Value

June 2002

1

Page 138

Contents:

Page Section Contents

3 1. Proposed Home Care Service

3 1.1 Service Profile

4 1.2 Review Group

4 1.3 Summary of Recommendations

4 2. Tasks

6 3. Flexible use of staff

6 4. Proposed conditions of service

7 5. Home Help Organisers re-grading

8 6. Training

8 7. Models of delivery

9 8. Equitable distribution of monies across the four Service Centres.

13 9. Child Care Spend

13 10. Summary of Recommendations

2

Page 139

1.0 Proposed Home Care Service

This paper follows an initial committee paper presented to the Housing and Social Work Committee on November 28th 2000.

In line with the Scottish Executive Paper, ”Community Care: A Joint Future”(November 2000) it is proposed that Home Care services are structured to provide three distinct services by mid 2002. The services and associated conditions of service will be as follows:

1. There will be three distinct services targeted at client need with conditions of service determined by the complexity of the task. These will be Domestic, Personal and Intensive home care services.

2. The re-designed home care service will also serve the variety of community care clients in addition to elderly clients; mental health, learning disability, physical disability, head injury and sensory impairment.

3. The re-designed service will also serve clients from the childcare section of the department; general family support, children subject to statutory supervision, children subject to the Council’s child protection procedures and children with disabilities.

1.1 Service Profile

At 31st March 2002 there were 957 home care clients across the Council area. The statistical breakdown is as follows: (Housing & Social Work planning Section April 2002)

0-15 16-17 18-64 65-74 75-84 85+ Total 1 People with dementia 0 0 0 20 56 60 136 2 People with mental health 0 0 12 22 9 1 44 problems 3 People with learning disabilities 0 0 13 6 2 0 21 4 People with physical disabilities 0 0 83 121 298 216 718 (including frailty due to old age) 5 People with alcohol problems 0 0 7 5 5 1 18 6 People with drug problems 0 0 0 0 0 0 0 7 People with HIV or AIDS 0 0 0 0 0 0 0 8 Carers of dependent people in 10 0 0 2 0 0 12 groups 1-7 above 9 Carers/children not in groups 1-7 0 0 1 1 0 0 2 above 10 People in other vulnerable groups 0 0 4 1 1 0 6 11 TOTAL CLIENTS 10 0 120 178 371 278 957 12 TOTAL CLIENTS - male 6 0 47 64 116 62 295 13 TOTAL CLIENTS - female 4 0 73 114 255 216 662

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1.2 Review Group

James Robb, Service Manger, Social Work, Helensburgh & Lomond (Lead Officer)

Cllr George Freeman

Cllr Sheila Wilson

Janet Buchanan, Community Care Manager, Lorn Social Work Office

Moyra Shearer, Service Officer, Elderly

Laura Gibson, Resource Worker, Commissioning/Contracts

Grant Thorne, Resource Worker, Planning

1.3 Summary of Recommendations

• A three-tier system of home care services should be implemented. Domestic, Personal and Intensive.

• Any in-house provision should implement the hourly pay rates noted in section 4 with the termination of all enhanced rates for unsocial hours.

• Any in-house provision should implement the review of Home Help Organiser’s salaries as noted in section 5

• Any in-house provision should implement the training proposal noted in section 6. The future expectation is that new applicants would come to the service suitably trained and would not require in-house training.

• Any in-house proposal should be tested against the independent sector to assist in the process of “Best Value”.

• Budget allocations to elderly care services across the four Service Centre should be determined by the information provided in section 8 if equity is to be achieved.

• Consideration should be given to the specific requirements of ChildCare services as noted in section 9.

2. Tasks

Elderly Clients

The following table indicates the specific tasks that would be completed by each section in the provision of services to the elderly. (Note, appendix1 provides a more detailed description of some of the tasks noted)

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Domestic Personal Intensive Cleaning Washing Oral Hygiene Basic Housework Using the toilet Specialised Diet Shopping Dressing Continence Care Washing Clothes/Laundry Feeding Catheter Care Lighting Fires Sitting service Peg Feeding Administration of Medication Stoma Care Paying Bills Bathing Double Handling Collecting Pensions Getting in & out of Bed Use of Hoists Ironing Ted Stockings Nebulizer Continence Care Rehabilitation Other Personal help Renal Assistance Meal Preparation Other : General Escort Work Letter Writing/reading Care of Pets Getting around house Telephoning

** See appendix 2 for details of tasks.

Other Community Care Clients

It is envisaged that the tasks noted for elderly clients provides the basis of how work is allocated to other client groups. A significant addition however, would be work relating to rehabilitation where the task relates to the promotion of independence, assistance and the transfer of skills to the client and thereafter the possible withdrawal of the service. An example may be contact with a client who has suffered a head injury following a car crash. The task for the service is to assist in making the client independent by providing a minimum service. Tasks such as assistance with dressing, bathing, shopping etc with the proposed outcome being that the client will eventually be able to perform these tasks independently and no longer require the assistance of the service.

In such cases where the tasks are targeted at the promotion of independence, rehabilitation via general support and the transfer of skills the category of home care should be Personal.

Child Care

As with the non-elderly community care clients the tasks noted for the elderly will provide the basis for how staff is allocated to cases. However, as with disability cases, childcare presents different issues in determining to what type of home care cases should be allocated. Given the high profile of many cases within the department and the complexity of the tasks involved, cases should be allocated as follows:

• Family Support

• Family Support where the tasks are domestic tasks only: Domestic Home Care.

• Family Support where the tasks involve working with children in relation to social skills and the transfer of parenting skills to adults and the provision of respite to carers: Personal Home Care. (Note, this could include working with families/children who are subject to statutory orders and/or subject to the Council’s Child Protection Register.)

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• Complex and therapeutic work with children who have physical, psychological or mental health problems: Intensive Home Care

3. Flexible Use of Staff

If staff is to be used efficiently in order to minimise the number of people going into a household and to manage travel costs in rural areas a degree of flexibility will be delegated to Home Help Organisers. The scenarios envisaged are as follows:

Clients should receive services from a limited number of staff to avoid confusion/disorientation etc and from a management perspective, to reduce potential staff and associated travel costs. This may mean that where a personal carer is involved with a client, it may be viewed as reasonable for the personal carer to complete domestic tasks rather than introducing another person to the household. The obvious example of this would relate to the preparation of meals, which is clearly a domestic task, but which will regularly be part of a complex care plan where personal care tasks are already provided. (In all such cases the employee will be paid at the rate for which they are employed not in relation to the task). The balance between paying staff of higher grades for tasks of a lower grade as against paying high travel costs to lower grade staff must be made. An example could be a domestic client being served by a personal or intensive carer who lives locally at less cost to the council than employing a domestic worker who has to travel a significant distance to reach the client.

This will be particularly relevant to rural areas where both clients and staff are spread throughout large geographical areas.

Note, the flexibility falls within the following limits.

Domestic Domestic work only Personal Care Personal Care + if appropriate (more cost effective due to staff availability/geography) can also do domestic tasks. Intensive Complex intensive work + (due to local needs such as staff availability geography) the Care Manager has flexibility in allocating domestic and personal care tasks.

4. Proposed Conditions of Service for In-House Provision

Service Days Spinal Column Hourly Rate Enhancements Worked From To Intensive 5/7 16 – 23,£13,976- £7.68 £9.16 None £16,673 Personal 5/7 11 – 15, £12,605- £6.92 £7.51 None £13,664 Domestic 5/7 £5.702 None

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This proposal eliminates the traditional enhanced rates yet reflects the requirement of the service. Home Care support is required seven days a week, morning, noon and night to reflect client need and the Council cannot afford to have a wage structure tied by the concept of un- social hours that effectively limits spend on evenings and weekends and concentrates expenditure to midweek mornings and afternoons.

The proposal creates a pay and career structure for all staff to work within which is presently absent and when complemented by appropriate training creates a potential group of bank staff that could supplement residential and day care staff in the Council’s residential and day care units. This would be particularly useful in rural areas where the general availability of employable staff is an issue.

Note: Gross cost to the Council would be higher than noted above due to additional costs:

• Employer Contributions (11.9%) for Home Helps, Home Help Organisers and Administrative Support (GS2).

• Travel costs for Home Helps and Home Help Organisers.

• Sickness Costs for Home Helps, Home Help Organisers and Administrative Support.

• Property and Supplies Costs for the same staff group.

(See appendix 1 for details of costing.)

A more accurate cost is as follows:

Intensive: £9.18 - £10.92 per hour

Personal: £8.29 - £8.98 per hour

Domestic: £6.59 per hour

These figures exclude central costs of 18% providing the following figures:

Intensive: £10.83 - £12.88

Personal: £9.78 - £10.59

Domestic: £7.77

5. Home Help Organisers Re-grading

Assessment and Care Management tasks for Home Help Organisers have become more complex as a reflection of the complexity of their clients needs. This combined with increased supervisory responsibility, support and advice to home helps and more responsibility relating to the management of budgets concluded with the view that Home Help Organisers should be re-graded. The recommendation is to re-grade to Spinal Column point 27 – 35, £18378- £23,340 as against the present 27-30, £18,378-£20,397. It would be expected that any such increase in salary would also result in a more flexible working week, moving away from the

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6. Training

Given that the nature of the proposed service is a response to increasingly more complex client need it is appropriate that the staff are trained to recognised standards.

Service Training Required Home Help Organiser SVQ IV HNC/HND Or professional qualification Intensive In-house Induction SVQIII Personal In-house Induction SVQIII Domestic In-house Induction SVQII

Given that many of the existing staff do not have this type of training there would be a requirement for staff to be trained via local Further Education Colleges. Realistically, the cost of training large numbers to this level would be prohibitive and it is more likely that a combination of some limited college training with in-house training would be the model developed. This would be compulsory as part of the new job remit and salary. It would be envisaged that new applicants for such posts would be trained appropriately prior to their employment in order to minimise ongoing training costs and that future job adverts should reflect this expectation.

7. Models of Delivery

Proposed that the option of exploring the potential involvement of the private and voluntary sector in the provision of home care be progressed on the basis of testing the service to best value comparisons.

Any test would be on the basis of assessing the quality and the cost of the service provided.

The comparable financial figures would be the costs noted below excluding central cost, which would be retained with the added cost of retaining Home Help Organisers and Administration.

Externalising the service would effectively release 50% of organiser’s time and 40% of administration time which if staff are retained would be added to the cost of the Council service when compared to an independent provider. (Organisers could take a more developed role in general assessment and care management and administration staff would be allocated additional tasks within the service centre).

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Home Help Organiser Costs: 9.2 posts x 50% x £23,930 + 11.9% employee costs £123,117.28

Administration Costs: 8 posts x 40% x £12,899 + 11.9% £46,188.74

Total Additional Costs £169,366.02

These additional costs and the following rates would have to be added to the cost of in-house services if compared to the independent sector.

Intensive: £9.18-£10.92 per hour

Personal: £8.29-£8.98

Domestic: £6.59

8. Equitable Distribution of Monies Across the Four Service Centres

The initial paper highlighted significant historical inequities across the Council area in relation to home care expenditure and recommended that an agreed way forward should be found to resolve the issues. It is recommended that the following information provide the basis for decisions during the next five years for the redistribution of monies and/or the targeting of new monies across the Council area.

Audit Scotland have detailed action Councils are expected to have taken to “develop a commissioning strategy that meets local and national policy objectives for community care” and which “match resources to strategy” which means ensuring that resources are matched to assessments of local population need not historical patterns of expenditure.

Councils will be audited in 2002 on their progress in achieving these objectives and in order to be seen to meet them a decision requires to be taken about current resource allocation. This paper is intended to support discussion for reconfiguring resources for home care and associated community care services for the Elderly. Given that the spend on home care, day care and respite was part of the continuum of care the review group decided that it was appropriate to look at spend on all community based elderly care services rather than any analysis of home care spend alone.

The Departmental Budget Book for 2001/02 indicates Net spend on Elderly Care Services as in Tables 1A-1C ; budgets included were home care, day care , lunch clubs , meals/wheels , Dev/Flex budget , respite , Modernising Community Care, Delayed Discharge and S.M.I.G monies for Dementia. The figure of £3,797,356 does not include spend on Residential/Nursing Care or any additional monies allocated to Service Centre budgets after April 1st 2001.

The following tables highlight the issues relating to population and expenditure by Service Centre area.

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PERCENTAGE OF POPULATION BY SERVICE CENTRE

OBAN, LORN & THE ISLES HELENSBURGH & 21% HELENSBURGH & LOMOND LOMOND 30% BUTE & COWAL

MID ARGYLL, KINTYRE & MID A RGY LL, KINTY RE ISLAY & ISLAY OBAN, LORN & THE ISLES 24% BUTE & COWAL 25%

Population % of 65+ Current allocation % of budget Alternative allocation Difference 65+ population Elderly Services * For Elderly Services by Population Helensburgh 4188 25.9% £742,037 19.55% £983,515.2 + £241,478.2 & Lomond Bute & 4965 30.7% £1,057,117 27.84% £1,165,788.2 + £108,671.3 Cowal Mid-Argyll, 3767 23.4% £907,115 23.88% £888,581.3 - £18,533.7 Kintyre & Islay Oban, Lorn 3238 20.0% £1,091,087 28.73% £759,471.2 - £331,615.8 & the Isles TOTAL 16185 100.00% £3,797,356 100.0% £3,797,356 £0.00

Table 1.A: Current Allocation moved to a 65+ baseline/ for mid 1999 population

Population 75+ % of 75+ Current allocation % of budget Alternative allocation Difference population Elderly Services* For Elderly Services by Population Helensburgh 1846 25.79% £742,037 19.55% £979,338.11 + £237,301.01 & Lomond Bute & 2280 31.85% £1,057,117 27.84% £1,209,457.8 + £152,340.8 Cowal Mid-Argyll, 1614 22.57% £907,115 23.88% £857,063.24 - £50,051.71 Kintyre & Islay Oban, Lorn 1417 19.79% £1,091,087 28.73% £751,496.75 - £339,590.3 & the Isles TOTAL 7157 100.00% £3,797,356 100.0% £3,797,356 £0.00

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Table 1.B: Current Allocation moved to a 75+ baseline for mid 1999 population.

Population 85+ % of 85+ Current allocation % of budget Alternative allocation Difference population Elderly Services* for Elderly Services by Population Helensburgh 430 24.47% £742,037 19.55% £929,213.01 +£187,176 & Lomond Bute & 596 33.92% £1,057,117 27.84% £1,288,063.1 +£230,946.1 Cowal Mid-Argyll, 398 22.65% £907,115 23.88% £860,101.23 -£47,013.7 Kintyre & Islay Oban, Lorn 333 18.96% £1,091,087 28.73% £719,978.69 -£371,108.4 & the Isles TOTAL 1757 100.00% £3,797,356 100.0% £3,797,356 £0.00

Table 1.C: Current Allocation moved to a 85+ baseline/ for 1999 population

Note figures have been rounded up in order that totals balance.

As previously noted, the redistribution or financial targeting for home care services is to be put in the context of existing spend on all elderly community based services. A significant reason for a high spend on home care services may be an equivalent lack a day care services which would be used as a direct alternative to home care.

It is recommended that the best distribution of resources is that outlined in table 1B which is in fact based on the measure used by the Scottish Executive in allocating G.A.E. for services to home based elderly. Phasing of the proposed redistribution can be worked out, once the principle has been agreed.

Tables 1-1B highlights that spend on elderly care services is not allocated with any equity across the Service Centre areas. It would be appropriate to consider additional spend on the Service Centres that cover the island areas by an additional 5-10%, but even with such a proposal there would remain a significant requirement to target the Helensburgh/Lomond and Bute/Cowal Service Centres for additional monies.

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Table 2 (Draft Com Care Plan 2001-2004)

Home Care – Service Delivery Levels Home Care Hours Average Clients per Clients per Clients per Clients Provided Hours per 1,000 1,000 1000 (AT In-house client, per Population Population Population 31-3-01 week (65+) (75+) (85+) (31-3-00) HELENSBURGH 122 1183.5 9.7 28.9 63.6 283.7 & LOMOND (168) (1085) (6.5) (41.3) (93.6) (390.69) BUTE 287 2134.25 7.4 57.5 124.6 481.5 & COWAL (338) (2137.5) (6.6) (67.5) (146.6) (576.11)

MID-ARGYLL, 314 1838.5 5.9 82.2 187.2 788.9 KINTYRE (284) (1633.25) (5.9) (75.1) (173.8) (713.56) & ISLAY OBAN, 195 1433.5 7.4 59.6 124.9 585.6 LORN (182) (1192) (7) (55.60 (126.3) (546.64) & THE ISLES ARGYLL 918 6590 7.2 56.3 124.9 522.5 & BUTE (972) (6047.75) (6.5) (60.3) (135.5) (553.21)

SCOTLAND 70,229 (393,074)* 5.6 89.5 203.7 849.2

* (This is the national figure for hours provided and purchased as disaggregated figures are not available.)

Source: Scottish Executive, H1 Return, 2001 and Scottish Community Care Statistics, 2000

Table 2 indicates the Helensburgh/Lomond area serves fewer clients per head of population and provides fewer hours of service than any other area in the Council. The Mid-Argyll team appears to have the highest provision in the Council area though by Scottish standards they would be considered to be an average provider. The lack of day care facilities in the Mid- Argyll area may help to explain this relatively high level of Home Care.

Alternatively, the Mid-Argyll and Oban/Lorne patterns of service delivery are significantly different from that found in Helensburgh/Lomond and Bute/Cowal. The latter two show a significant drop in the number of clients with a significant increase in the number of hours provide to clients This suggests a specific pattern of targeting services at clients with greatest need. The Oban/Lorne figures for hours allocated was already relatively high at 7 and has risen to 7.4 suggesting that a similar pattern of targeting existed. However, the Mid-Argyll figure shows little change for the number of hours allocated to cases which would suggest that the targeting of those with greatest need with a high allocation of hours is not as well established compared with the other three Service Centre areas.

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9. Child Care Spend

Expenditure of Home Care/Community Care Budgets varies throughout the Council area though is fairly consistently used in the areas of Child Protection and Children With Special Needs (C.W.S.N.)

Given the active agenda for the development of modern Home Care Services for Community Care clients, it is important that Service Centre managers are provided with greater clarity as to the legitimacy of spending Community Care monies on Child Care clients or whether the Child Care Section of the Department is likely to identify specific monies for Home Care in the future.

Child Care would also need to determine whether a separate and specialist child care team should be developed within the Council rather than be considered for externalisation given the complex nature of Child Protection and Child Care issues.

10. Summary of Recommendations

• A three-tier system of home care services should be implemented. Domestic, Personal and Intensive.

• Any in-house provision should implement the hourly pay rates noted in section 4 with the termination of all enhanced rates for unsocial hours.

• Any in-house provision should implement the review of Home Help Organiser’s salaries as noted in section 5

• Any in-house provision should implement the training proposal noted in section 6. The future expectation is that new applicants would come to the service suitably trained and would not require in-house training.

• Any in-house proposal should be tested against the independent sector to assist in the process of “Best Value”.

• Budget allocations to elderly care services across the four Service Centre should be determined by the information provided in section 8 if equity is to be achieved.

• Consideration should be given to the specific requirements of ChildCare services as noted in section 9.

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APPENDIX 1: STAFF COSTS

The calculation provided is based on the following factors:

♦ The number of hours provided per week within the Council on the last week of March 2002; 7184 hours per week.

♦ Based on 9.2 Home Help Organisers employed by the Council.

♦ Based on 8 GS2 Administration staff employed by the Council providing support to the Home Help Organisers.

♦ Additional Employee Costs at 11.9%.

♦ Sickness rate for APT&C staff within Housing and Social Work is 6.8% ( Central Personnel May 2002)

♦ Sickness rate for Manual Grade staff within Housing and Social Work is 5.4% (Central Personnel May 2002 )

♦ Travel Costs for Home Helps for year 2001/02 was £115,295 for the Council area. (Departmental Budget Book 2001/02)

♦ Home Help Organiser’s Salary : £23,930 ( top of scale for 2002/03)

♦ Administration (GS2) Salary: £12,899 (top of scale 2002/03).

♦ Travel Costs for Home Help Organisers for 2001/02 was £12,208. ( projection based on 120 miles per month plus lump sum for 9.2 organisers = £1326.95 per annum)

♦ Property Costs based on Helensburgh Service Centre for 2001/02 was £22,590. (Departmental Budget Book 2001/02)

This allows for the following detailed hourly costs added to the basic salary costs of the Home Helps to provide a more accurate cost of the service.

♦ Each Home Help Organiser is responsible for 780 hours of service per week. ( 7184/9.2 )

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Intensive Home Care Proposal:

Proposed Hourly Rate £7.68-£9.16.

Additional Hourly Costs: Home Helps

Add employee costs at 11.9% = £0.91-£1.09

Add travel costs (£115,259 divided by 52 weeks divided by 7184 hours) = £0.03

Add sickness at 5.4% = £0.41-£0.49

Sub Total: £1.35 - £1.61

Additional Hourly Costs: Home Help Organisers (salary £23,930)

Weekly Rate of £460.25 (35 hour week)

Add employee costs at 11.9% = £54.77 per week

= £0.07 (£54.77 divided by 780 working hours)

Add travel costs (£1326.95 divided by 52 weeks = £25.55 per week)

= 0.032 (£31.29 divided by 780 working hours)

Add sickness rate at 6.8% = £31.29 per week

= £0.04 (£31.29 divided by 780 working hours)

Sub Total = £0.14

Additional Hourly Costs Admin Costs

Annual Salary £12,889

Weekly Rate of £234.15 (35 hour week)

Add employee costs at 11.9%: £27.86 per week

: £0.0006 (£27.86 divided by 1560 working hours as one admin worker support two HHO’s at 780 hours per week). Add travel costs: £0

Add sickness rate at 6.8%: £15.99

= £0.01(£15.99 divided by 1560 working hours per week)

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Sub Total =£0.0106

Additional Hourly Costs: Property and Supplies Costs

Based on Helensburgh Lomond Service Centre Costs for 2001/02.

Total Number of Staff = 38 Total Home Care Staff =3 (1 GS2 and 2 Home Help Organisers)

Ratio of Home Care Costs 3:38 = 7.89%

Supplies; £1066 per annum

Property Costs £22,590 per annum

Total =£23,656

Cost: £23,656 x 7.89 = £1866.45 per annum

= £1.025 per hour

Sub Total = £0.0006 per working hour

Total of Sub Totals + Basic Salary: £ 9.18 - £10.92

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Personal Home Care Proposal:

Proposed Hourly Rate: £6.92-£7.51

Add employment cost at 11.9%: £0.82- £0.89

Add travel costs £0.03

Add sickness costs at 5.4%: £0.37 - £0.4

Sub Total: £1.22 - £1.32

Additional Hourly Costs: Home Help Organisers: £0.14

Additional Hourly Costs for GS2: £0.0106

Additional Hourly costs of Property and Supplies: £0.0006

Total: £1.37 - £1.47

Total Additional Costs plus Salary: £8.29 - £8.98

Domestic Home Care Proposal:

Proposed Hourly Rate: £5.702

Additional Costs: Home Helps

Add employee costs at 11.9%: £0.678

Add travel costs: £0.03

Add sickness at 5.4%: £0.031

Sub Total: £0.74

Additional Costs to Home help Organisers: £0.14

Additional Costs to GS2: £0.0106

Additional Hourly Cost of Supplies and Property: £0.0006

Total Additional Costs: £0.89

Additional Costs plus Salary: £6.59

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APPENDIX 2:DEFINITION OF TASKS

ASSISTANCE WITH PERSONAL HYGIENE

The carer would assist clients with personal hygiene tasks where they are in need of such assistance and where this is part of the assessed package of care. Assistance will be given to clients who need help to get in/out of the bath or shower, and help with bathing. Carers will be provided with essential assistance on the basis of assessment to ensure the safety of clients and carers alike. This may include the use of equipment. Community nurses will be involved with personal hygiene as part of a prescribed plan of nursing care where patients have more complex care requirements, such as wounds and medical conditions which make the patient particularly vulnerable to injury. If the home help organiser or other social work assessor is in any doubt as to the suitability of the patient for an immersion bath, an assessment by a health professional should be requested.

The carer would, where the client needs:

• Prompt to wash or bath • Assist to wash or bath • Be available to supervise the client to prevent an accident occurring • Help to prepare the bath or with dressing • Help to clean teeth/dentures • Assist to wash or comb hair • Help to trim fingernails

The carer would seek assistance when

• There is any doubt about the suitability of the client for an immersion bath or shower • When there are difficulties maintaining the clients desired level of hygiene or grooming • When any difficulties with supplied equipment or if it is showing need of repair

SKIN CARE

Some aspects of skin care require the involvement of health care professionals. When it is unclear whether personal needs should be met by community nursing or care staff, co- ordinated assessment and monitoring will be required to determine the most appropriate intervention.

The carer would:

• Apply emollients/moisturisers to dry skin • Apply prescribed creams • Encourage mobility and changes of position • Check that seating and bedding is suitable and intact • Reduce the risk of falling/tripping/knocking into furniture • Observe pressure areas • Ensure pressure relieving aids are used as directed and in good repair

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The carer would seek assistance when:

• The skin appeared red, inflamed, broken, bruised and swollen • If a rash was present or there was any change or bleeding from a mole or other lesion • When any difficulties with supplied pressure relieving equipment or if it is showing need of repair.

PROMOTION OF CONTINENCE

The management of urinary and faecal continence is part of the general care of clients. The role of care staff is to assist the client in maintaining continence by encouraging regular toilet use. In cases where the carer notices that there may be a problem with continence they should contact the local community nurse and ask for assessment and advice. After an assessment has been carried out the carer would be given instruction on how to assist in the care and may help provide information to assist in the review process.

The carer would:

• Prompt to toilet, assist to toilet • Assist to change incontinence pads when necessary, dispose of pads safely and discretely, assist client to maintain an adequate supply of pads • Assist with personal hygiene • Empty and clean commode, urinal etc • Fill in bladder retaining charts when in use

The carer would seek assistance when:

• Urine smells unpleasant • Urine looks cloudy • Client complains of pain when passing urine • Client complains of low back pain • There is newly observed faecal incontinence or change in bowel pattern • There is blood noted in urine, faeces or on pads

CATHETER CARE

After assessment catheters are inserted by nurses/doctors and some selected patients are taught to self catheterise. They have to be renewed at regular intervals. Clients who have catheters are encouraged to drink fluids regularly to prevent catheter blockages.

The carer would:

• Assist the client to maintain an adequate supply of drainage bags • Empty/change catheter bags as necessary • Assist the client to maintain genital hygiene • Assist with correct and comfortable placement of tubing to ensure no twisting or blocking or flow • Assist with the application of leg bag straps or appropriate bag holder • Dispose of the bag and contents safely and discreetly

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Some patients instead of having a catheter into their bladder have the catheter tubing and system applied via a uro-sheath. Most patients will be happy to apply this themselves, but on occasion a nurse may train the carer to carry this out.

The carer would seek assistance when:

• No urine has been passed for some time, suggesting catheter blockage • There is evidence of urine by-passing the catheter • The catheter falls out • The urine is unpleasant, cloudy or bloodstained • The client complains of abdominal or genital pain

STOMA CARE

Many clients with stomas manage their own care without assistance of health care professionals. However, some clients may need the assistance of a carer to empty their stoma bag and dispose of the contents. If the client can no longer cope with changing the bags at regular intervals the community nurse must be contacted.

The carer would:

• Assist with emptying the stoma bag • Assist to dispose of contents safely and discreetly • Assist the client to change their own bag independently e.g., handing items to client

The carer would seek assistance when:

• The bag or flange needs changed e.g. falls off • Constipation or diarrhoea are present • There is redness or irritation around the site of the stoma bag • The client complains of abdominal or local pain • The client complains of any variations from their normal pattern

ORAL HYGIENE

Clients may require assistance to maintain good oral hygiene. This is particularly important in very ill patients who have had a high temperature or are unable to salivate and swallow easily. This is important for their comfort, taste and their enjoyment of food and for prevention of dental caries or oral ulcers. The dental hygienist may be asked for assistance in training carers in the proper use of equipment such as floss to maintain good oral hygiene, likewise the District Nurse may also assist and advise cares in simple maintenance of good oral hygiene practice.

The carer would, if required:

• Brush and floss teeth as in the client’s care plan • Clean, soak dentures • Help with mouth washes/rinses, manually clean out the mouth using swabs or “lollipop sponges”

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The carer would seek assistance when:

• The client experiences any new difficulties such as pain, bleeding, ulceration or furring/coating of the tongue • If there are any changes or concerns about the patient

SPECIALIST FEEDING

Some clients require assistance with specialist feeding. The carer would be involved in assisting clients who require specialist feeding by mouth.

The carer would:

• Assist with clients to maintain an adequate fluid intake as advised by health care professionals • Take liquid dietary supplements when prescribed. The home carer would assist and encourage the client to take the required amount of such supplements • Prepare food • Present food. Liquidised/mashed/cut • Purchase food • Ensure kitchen safety for client • Leave food accessible for client • Report instances where clients require provision of specialist cutlery etc • Be aware of any dietary requirements and ensure food complies with such requirements • Ensure food hygiene • Assist with feeding

The carer would seek assistance when:

• There was any sign of nausea, vomiting or indigestion • There was any reduction in intake or less of appetite was noted • There was any obvious weight loss • It appeared any assessment for aids was needed

Clients requiring tube feeding, by whatever route, such as peg, will be cared for by health care professionals and materials for feeding will be provided by them. However, the carer after receiving appropriate training on an individual patient basis from the client’s District Nurse they may be asked to help in a supportive way. On many occasions patients learn to use the peg, feed themselves but may need help in small ways.

The carer would, if required:

• Assist, prompt, support or supervise a client who is routinely using the feeding equipment themselves • Help set up or tidy away the equipment • Help maintain good hygiene, wash around a peg site, ensure the area is carefully dried, and rotate the tube daily for the patient, if needed

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The carer would seek assistance when:

• The client experiences any difficulties • If the tubing becomes blocked – the carer can disconnect the tubing/equipment and phone for the nurse • If there is any new bleeding, discharge, discomfort, or pain around the peg site in the skin

MEDICATION

Assist the client to self administer their prescribed medication, care staff will not suggest that clients take household remedies but can assist clients who wish to take a household remedy but only to the recommended maximum dose.

The carer would:

• Prompt to take medication • Assist the client to self administer the medication correctly • Assist with dosette box (or compliance pack) if in use

The carer would seek assistance when:

• The client is not complying with the instructions on the labels of the medication provided • There is need for medicine to be provided in compliance packs • The client complains of side effects/reactions, e.g. vomiting, diarrhoea, skin rashes • If there are any doubts regarding the client’s medication • If medicines are out of date or held in excessive quantities

OXYGEN ADMINISTRATION

Oxygen is a prescribed medication and the guidance for oral medication applies. The role of the home carer would be to assist the client in the safe use of oxygen. The amount and frequency of oxygen administration and the type of mask will be prescribed by the General Practitioner and supplied by an oxygen contractor who will deliver and explain to the client how to use the equipment.

The carer would:

• Assist the client to maintain adequate supplied of equipment, including cylinders • Assist the client to operate the equipment and to ensure that the supply and amount is as prescribed • Ensure compliance with health and safety instructions regarding naked flames and smoking

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NEBULISERS

Nebulisers convert liquid medication into an aerosol, which allows the client to inhale the drug directly into the airways. Nebulisers are most commonly used if a person has a breathing difficulty, such as asthma. The time taken to complete the medication varies according to things such as the client’s rate of breathing, the nebuliser changes to tone to a “spit” when the dose is completed.

Care may include:

• Disassembling of equipment for storage • Washing the mouthpiece/mask with hot soapy water and allowing to drip dry on a clean surface • Assisting the client with washing and drying of face if necessary

Assistance or advice should be sought when:

• There is any doubt about the amount or frequency of administration • The client appears not to comply with dose for any reason • If there are difficulties or concerns about operation of equipment

MOBILITY

Many clients need some level of assistance in mobilising. The carer’s role will vary considerably depending on the needs of their clients. All carers will receive training and instruction in moving and handling techniques to protect clients and staff from injury, and specific instruction will be provided in the relationship between home safety and mobilisation. Where the client is on the community nurses caseload the carer will be advised by the nurse. Where the client is not it will be for the home help organiser to arrange the assessment and any review of needs and where appropriate refer to occupational therapy.

The carer would:

• Assist the client in/out of bed, chair of when walking in or out of the room • Encourage frequent changes of position in chair/bed • Encourage the client to do programmed passive and active exercises • Follow safety in the home instructions provided in health and safety training • Assist the client to put of any artificial limb/aid e.g. calliper • Assist with dressing • Ensure the client has access to items such as papers, drinks, TV control, etc

The carer would seek assistance when:

• There is a reduction in the client’s mobility • The client complains of pain or discomfort in their limbs or in mobilising • The client falls • When walking aids such as sticks and zimmers are not in good repair

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USE OF HOISTS

All carers will receive training and instruction in moving and handling techniques including the use of hoists, to protect clients and staff from injury, and specific instruction will be provided in the relationship between home safety and mobilisation. Where a client has been assessed as requiring a hoist to move them safely then this will be provided. The hoist will be serviced regularly and any repairs done quickly after reporting. The patient must consent to the use of the equipment or it will not be possible to carry out moves/care safely, staff must never put themselves at risk of injury.

The carer would:

• Always have another carer in attendance when transferring the client with the aid of a hoist (one to operate the hoist and one to supervise and assist) • Use the hoist to move/transfer the patient every time • Use the hoist according to their training and instructions • If asked, put the power back of an electric hoist onto charge, as planned

The carer would seek assistance when:

• Experiencing any difficulties • They have any doubts about how to use the hoist correctly and safely • Noticing any damage/deterioration of equipment

REHABILITATION

This is the period to help a patient gain a level of independence in keeping with their current abilities, and to help them progress to the best level possible within their limitations. It may not be possible for them to regain the level of independence they previously had, but it is important to work towards that and maintain any gains they have made. The plan for a client will include aims and objectives for them and may be from different professions, e.g. nurse, physiotherapist, occupational therapist. It is important to encourage the client to do as much as they are able and to work at improving their skills although this may not always be the quickest way of doing something. It may take them longer to put on their jumper than it would take the carer, but building up their skills and strength may contribute to their overall progress and rehabilitation.

The carer would:

• Follow the care plan set out for the client in their home notes • Monitor progress and report on the home notes any changes or difficulties experienced

The carer would seek assistance when:

• The client complained of pain or new difficulty • There is any change or concern about the client.

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Page 161 Agenda Item 7a

ARGYLL & BUTE COUNCIL OBAN, LORN and the ISLES AREA COMMITTEE

TRANSPORTATION & PROPERTY 4 SEPTEMBER 2002

SCOTTISH CITYLINK COACHES LTD. OBAN FORT WILLIAM SERVICE

1. SUMMARY

The purpose of this paper is to advise members that Scottish Citylink Coaches Ltd have revised the timing of their morning departure on the Oban/ Fort William service in order to improve connection opportunities.

2. RECOMMENDATION

That Members note the revised timing of this service by Scottish Citylink Coaches Ltd. which will allow onward connection to Kyle of Lochalsh, and Uig, Isle of Skye.

3. BACKGROUND

At it’s meeting on 26th September 2001 the area Committee was advised that Scottish Citylink had been unable to reconfigure the Oban /Fort William timetable to allow a connection with the Uig service, following a request to consider whether this could be achieved. At the time, Citylink were unable to make the adjustment because of the negative impact this would have had on the numbers of passengers travelling to Inverness. However, the Company have since reviewed it’s West Coast services, with a view to improving strategic connections generally, and, as a consequence have been able to advance the departure of the Fort William bus by 15 minutes, so enabling a connection, albeit a neat one, with the Uig service.

4. IMPLICATIONS

4.1 Policy – Consistent with the Council’s core policies on access.

4.2 Financial – None

4.3 Personnel – None.

4.4 Equal Opportunities – None.

4.5 Legal – None.

For further information please contact B. Fletcher (01546 604643).

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ARGYLL & BUTE COUNCIL OBAN, LORN and the ISLES AREA COMMITTEE

TRANSPORTATION & PROPERTY 4 SEPTEMBER 2002

SCOTTISH CITYLINK COACHES LTD. SERVICE 975 OBAN – TYNDRUM

1. SUMMARY

The purpose of this paper is to advise members that Scottish Citylink Coaches Ltd have intimated their intention to withdraw the limited winter coach service between Oban and Tyndrum with effect from 7th October 2002.

2. RECOMMENDATION

That Members note the forthcoming withdrawal of this service by Scottish Citylink Coaches Ltd. but take no further action as there are adequate alternative facilities available by coach and train.

3. BACKGROUND

Citylink Service 975 operates between Oban and Tyndrum and offers additional travel opportunities between Oban and Glasgow by connecting into services 915/916 (Skye – Glasgow) at Tyndrum. During the summer season (27th May until 6th October 2002) there is one journey from Oban Mondays to Saturdays at 1100 and a later journey seven days a week at 1430. In the other direction there is only one journey, Mondays to Saturdays leaving Tyndrum at 1215. Journeys at these times continue to operate through the winter but the number of days on which they operate is curtailed severely. The 1100 departure from Oban only operates on Fridays, Saturdays and Mondays. The 1430 from Oban operates Fridays, Saturdays, Sundays and Mondays and the return journey from Tyndrum at 1215 only operates on Fridays, Saturdays and Mondays. The main through service between Oban and Glasgow via Inveraray is unaffected by Citylink’s proposal and the company also advise that the summer season service between Tyndrum and Oban will reinstated next summer, 2003.

Citylink point out that there was a loss of £4,500 in operating these journeys last winter, an increase of £800 on the previous year, and has invited us to consider making a “de minimis” payment to maintain the service this winter. No precise figure has been given but it would most likely be in excess of £4,500 as losses on the winter service have been increasing.

The withdrawal of these journeys will have minimal effect. The Oban and Glasgow through services via Inveraray will continue to serve the route as far as Dalmally. In addition, ScotRail train services operate at least three times daily in each direction between Crianlarich and Oban serving Tyndrum, Dalmally and Taynuilt. During the winter this is a superior service to that currently offered by Scottish Citylink.

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4. IMPLICATIONS

4.1 Policy – Consistent with the Council’s Guideline Criteria on the provision of subsidised bus services.

4.2 Financial – None

4.3 Personnel – None.

4.4 Equal Opportunities – None.

4.5 Legal – None.

For further information please contact B. Fletcher (01546 604643). Page 165 Agenda Item 7d

ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE TRANSPORTATION AND PROPERTY THURSDAY 22 AUGUST 2002

ADDITIONAL FUNDING FOR ROAD NETWORK REPAIRS

1. SUMMARY

This report gives information requested at the August meeting of the Area Committee.

2. RECOMMENDATIONS

2.1 That the Committee confirms approval of the allocation of £40,000 to resurfacing works at the A816 Oude Hill.

3. BACKGROUND

3.1 At the August meeting of the Area Committee more detailed information was requested about the length and the terminations of the proposed surfacing works at Oude Hill.

3.2 The total length of the scheme is 1050m and extends from Oude Dam at its north end, to the access to Melfort Estate at its south end.

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125 Page 166