Public Document Pack and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate Services Director: Nigel Stewart

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

10 February 2006

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, 7 DECEMBER 2005 at 10:00 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of meeting of Oban Lorn & Isles Area Committee held on 2nd November 2005 (Pages 1 - 8)

(b) Report by Area Corporate Services Manager in regard to the Area Strategy (Pages 9 - 14)

(c) Consider letter dated 27th October 2005 from Gorey Town Council (Pages 15 - 16)

4. COMMUNITY SERVICES

(a) Applications for financial assistance under the Education Development Grant Scheme (Pages 17 - 26)

(b) Applications for financial assistance under the Leisure Development Grant Scheme (Pages 27 - 38)

(c) Applications for financial assistance under the Social Welfare Grant Scheme (Pages 39 - 42)

(d) Report by Director of Community Services in regard to school holidays 2006/2007 (Pages 43 - 48)

5. DEVELOPMENT SERVICES

(a) List of Building Warrants approved by the Director of Development Services since the last meeting (Pages 49 - 58)

(b) List of Delegated Decisions issued by the Director of Development Services since the last meeting (Pages 59 - 68)

(c) 03/02116/DET: J Adams: Erection of a house - Melfort Home Farm, Melfort (Pages 69 - 84)

(d) 05/00110/OUT: Brian Lovell Noakes: Erection of 2 Dwellinghouses - Land North of Tansor, Dervaig, (Pages 85 - 94)

(e) 05/00713/DET: Anne R McCormick: Repair and improvement of domestic premises - Mo Dhachaidh Isle of (Pages 95 - 102)

(f) 05/01125/OUT: Mr D. Carmichael: Erection of a House - East of Taychreggan, (Pages 103 - 114)

(g) 05/01297/OUT: K&F Builders () Ltd: Site for erection of 3 dwellinghouses - Land west of Main Street, , Isle of Coll (Pages 115 - 126)

(h) 05/01694/OUT: Mr and Mrs H. Brown: Site for one dwelling - Land north east of Shore Cottage, Degnish Road, Kilmelford (Pages 127 - 136)

(i) 05/01708/DET: Mr and Mrs MacLean: Erection of 2 Letting Units - Revised Position for Units 1 & 2 Approved Under 04/00634/DET - The Garage, Breadalbane Street, Oban (Pages 137 - 144)

(j) 05/01721/OUT: Alison Smith: Site for erection of dwellinghouse - land west of Garalapin, Balvicar (Pages 145 - 156)

(k) 05/01818/OUT: Mrs M. Kennedy: Single Dwelling - Land north of Ards Guest House (between the A85 and the shore), Connel (Pages 157 - 164)

(l) 05/01943/DET: Norman MacDonald Builders: Erection of 3 dwellinghouses - Land north of the Surgery, Rockfield Road, Tobermory, Isle of Mull (Pages 165 - 176)

(m) 05/01995/OUT: Blackcroft Developments: Erection of a House - Plot 13, Black Crofts, North Connel (Pages 177 - 184)

(n) Letter dated 21st November 2005 from the Scottish Executive Inquiry Reporters Unit in regard to conditional planning permission for erection of 2 dwelling houses on land west of Klondyke, , Isle of Mull (Pages 185 - 190)

(o) Letter dated 23rd November 2005 from the Scottish Executive Inquiry Reporters Unit in regard to Erection of Class 1 retail unit with associated car park and service area at Lynn Road, Oban (Pages 191 - 206)

(p) Report by Head of Planning in regard to six monthly Development Control performance Council wide and decentralised area team performance April 2005 to September 2005 (Pages 207 - 216)

(q) Report on Building Standards performance monitoring and six monthly service plan progress for period ending 30/09/2005 Council wide and decentralised area teams (Pages 217 - 224)

(r) Report by Head of Planning Services in regard to "Late" letters of representation to area committee (Pages 225 - 226)

(s) 05/00133/OUT: West Housing Association: Proposed Affordable Housing Development - Land SW of village Hall, Bunessan, Isle of Mull (Pages 227 - 240)

6. OPERATIONAL SERVICES

(a) Flood prevention and land drainage () Act 1997 - Biennial report - November 2005 (Pages 241 - 258)

(b) Report by Area Roads and Amenity Services Manager in regard to Road Reconstruction Programme 2006/2007

(c) Report by Area Roads and Amenity Services Manager in regard to Cycling, Walking and Safer Streets (Pages 259 - 260)

7. PUBLIC QUESTION TIME

The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) 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 6 – E1: Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 9 – E1, E2: 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.

Paragraph 12 – E1: Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with-

(a) any legal proceedings by or against the authority, or (b) the determination of any matter affecting the authority, (whether, in either case, proceedings have been commenced or are in contemplation).

E3, E4 - Paragraph 13 Information which, if disclosed to the public, would reveal that the authority proposes-

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment.

E1 8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) Report by Director of Corporate Services in regard to lease of premises (Pages 261 - 262)

(b) Report by Director of Corporate Services in regard to Lease of ground - Glencruitten (Pages 263 - 266)

(c) Report by Director of Corporate Services in regard to Kerrera School Building (Pages 267 - 268)

(d) Report by Director of Corporate Services in regard to disposal of Bridge of Orchy School (Pages 269 - 274)

(e) Report by Director of Corporate Services in regard to sale of land - Oban (Pages 275 - 282)

(f) Report by Director of Corporate Services in regard to disposal of 'white Building' , North Pier (Pages 283 - 284)

(g) Report by Director of Corporate Services in regard to disposal of ground - Tobermory (Pages 285 - 288)

(h) Report by Director of Corporate Services in regard to transfer of sites to ACHA

(i) Report by Director of Corporate Services in regard to rent arrears - Crannog Lane, Millpark and Lochavullin (Pages 289 - 290)

E 9. DEEDS AND DOCUMENTS 2 (a) Report by Chief Solicitor in regard to formal Deeds and Documents executed between 11th October 2005 and 15th November 2005 (Pages 291 - 292)

E3 10. ENFORCEMENT ACTIONS

(a) 05/00074/ENFOTH (Pages 293 - 296)

(b) Report by Head of Planning in regard to enforcement action activity (Pages 297 - 324)

E4 11. TREE PRESERVATION ORDER

(a) Report by Head of Planning in regard to proposed tree preservation order (Pages 325 - 326)

OBAN, LORN & THE ISLES AREA COMMITTEE

Councillor Robin Banks Councillor Ian Gillies (Vice-Chair) Councillor Allan Macaskill Councillor Alistair MacDougall (Chair) Councillor Sidney MacDougall Councillor Duncan MacIntyre Councillor Donald McIntosh Councillor Elaine Robertson

Contact: Kenneth Macdonald, Area Corporate Services Manager - Telephone 01631 567902

This page is intentionally left blank Page 1 Agenda Item 3a

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDING, ALBANY STREET, OBAN on WEDNESDAY, 2 NOVEMBER 2005

Present: Councillor Alistair MacDougall (Chair) Councillor Robin Banks Councillor Allan Macaskill Councillor Duncan MacIntyre Councillor Sidney MacDougall Councillor Elaine Robertson

Attending: Kenneth Macdonald, Area Corporate Services Manager Paul Reynolds, Environmental Health Officer Gordon Dagleish, Solicitor Mike Farris, Press Officer Alex Taylor, Area Service Manager, Social Work Elizabeth Little, Team Leader, Children & Families Iona MacPhail, Area Housing Manager Ian MacIntyre, Area Team Leader, Planning Services Neil Brown, Area Roads & Amenity Services Manager

The Chairman ruled, and the Committee agreed in terms of Section 50B(4)(B) of the Local Government (Scotland) Act 1973, and in terms of Standing Order 3.2.2, that a report by the Head of Planning in regard to planning application ref 05/01750/DET, dealt with at item 5(j) of this minute, be taken as a matter of urgency due to the need for a decision to be taken prior to the next ordinary meeting.

1. APOLOGIES FOR ABSENCE

Councillor Ian Gillies Councillor Donald McIntosh

2. DECLARATIONS OF INTEREST

Councillor Elaine Robertson declared a non-pecuniary interest in (a) planning application ref. 05/01200/COU, dealt with in item 5f of this minute, because of her position as a member of the committee of the Oban & Lorn Tourism Association, which had made representations in respect of this matter; and (b) the disposal of Kerrera School, because of her husbands position in a firm of solicitors with an interest in this matter.

3. CORPORATE SERVICES

(a) MINUTE OF MEETING OF OBAN LORN & THE ISLES AREA COMMITTEE HELD ON 5TH OCTOBER 2005

The minute of the meeting of the Oban Lorn & the Isles area committee held on 5th October 2005 was approved as a correct record.

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(b) NOTE OF SITE INSPECTION MEETING HELD ON 5TH OCTOBER 2005 IN REGARD TO PLANNING APPLICATION REF.05/01178/DET

The note of the site inspection meeting in regard to planning application 05/01178/DET, held on 5th October 2005 was approved as a correct record, subject to the amendment, for purposes of clarification, of decision item (b) to read “an additional condition that the ridge height of the development shall be a minimum of 300mm below the ridge of the building at Hamilton Park Terrace, to the satisfaction of the Council as planning authority”.

4. COMMUNITY SERVICES

(a) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE SOCIAL WELFARE GRANT SCHEME

Members dealt with applications for financial assistance under the Social Welfare Development Grants Scheme as follows:

Applicant Description Cost of Amount Decision Project Requested

Family Oban Contact £5,250 £4,500 Continue Mediation Centre for further (Argyll & Bute) information

Luing Social Seasonal Social £ 950 £ 550 Grant of Committee Functions £475

Taynuilt Seasonal event £ 365 £ 200 Grant of Community for older persons £180 Council in the Taynuilt area

(Ref: Report by Area Service Manager, Social Work Services, dated 11th October 2005, submitted)

5. DEVELOPMENT SERVICES

(a) LIST OF BUILDING WARRANTS APPROVED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

The Committee considered and noted a list of Building Warrants and Relaxation of the Building Standards Regulations dated 12th October 2005, in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 12th October 2005, submitted)

(b) LIST OF DELEGATED DECISIONS ISSUED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

The Committee considered and noted a list of applications for planning th Page 3

permission dated 12th October 2005 in respect of which delegated decisions had been issued.

(Ref: List of decisions dated 12th October 2005, submitted)

(c) 04/01351/LIB: FOOD CONVERTERS LTD: DEMOLITION OF EXISTING BUILDINGS - 1, 2, 3, 4 CHARLES STREET, ARGYLL HOTEL, CORRAN ESPLANADE, OBAN

Refused for the reasons set out in the report dated 11th October 2005 by the Head of Planning. .

(Ref: Report dated 11th October 2005 by the Head of Planning, submitted)

(d) 04/01359/DET: FOOD CONVERTERS LTD: DEMOLITION OF EXISTING BUILDINGS. ERECT 4 COTTAGES - 1, 2, 3, 4 CHARLES STREET, ARGYLL HOTEL, CORRAN ESPLANADE, OBAN

Refused for the reasons set out in the report dated 10th October 2005 by the Head of Planning.

(Ref: Report dated 10th October 2005 by the Head of Planning, submitted)

(e) 05/01547/DET: FOOD CONVERTERS LTD: ERECTION OF 6 FLATS - 4- 9 ARGYLL MEWS, ARGYLL HOTEL, CORRAN ESPLANADE, OBAN

Refused for the reasons set out in the report dated 6th October 2005 by the Head of Planning.

(Ref: Report dated 6th October 2005 by the Head of Planning, submitted)

(f) 05/01200/COU: MR I. CAMPBELL: CHANGE OF USE OF PRIVATE JETTY TO COMMERCIAL JETTY - AIRDS BAY HOUSE, TAYNUILT

Refused for the reasons set out in the report dated 29th September 2005 by the Head of Planning.

(Ref: Report dated 29th September and Supplementary Report No.1 dated 31st October 2005 by the Head of Planning, submitted)

(g) 05/01239/DET: MR B REED: ERECTION OF DWELLINGHOUSE - LAND EAST OF KERDON, STRONMILCHAN, DALMALLY

It was agreed to continue consideration of this application to allow a site inspection meeting to be held on 16th November 2005.

(Ref: Report dated 11th October 2005 by the Head of Planning, submitted)

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(h) 05/01360/DET: MRS KATHRYN CAMPBELL: DWELLING HOUSE AND ACCESS - GARDEN EAST OF CRUACHAN VIEW, NORTH CONNEL

Approved as a minor departure from the adopted Lorn Local Plan 2nd alteration, subject to the conditions set out in the report dated 14th October 2005 by the Head of Planning.

(Ref: Report dated 14th October 2005 by the Head of Planning, submitted)

(i) GLENSANDA QUARRY EXTENSION, GLENSANDA QUARRY, HIGHLANDS

It was agreed that:

(a) the Council inform Highland Council that this Council is supportive of this proposal and welcomes the continuity of employment in the area, provided conditions are imposed to (i) ensure restoration and adequate screening of quarrying operations; and (ii) address the issue of light pollution; and (b) officials co-operate with Highland Council and for the inclusion of communities of Argyll & Bute affected by the development in a Community Trust Fund.

(Ref: Supplementary Report No.1 dated 14th October 2005 by the Head of Planning, submitted )

(j) 05/01750/DET: MELFORT PIER AND HARBOUR: ERECTION OF RESTAURANT - MELFORT PIER, KILMELFORD

(k) 05/01750/DET: MELFORT PIER AND HARBOUR - ERECTION OF RESTAURANT - MELFORT PIER, KILMELFORD

It was agreed that consideration of this application be continued to allow an informal hearing to be held on 7th December 2005 at 2.30pm in the Council Chamber, Albany Street, Oban.

(Ref: Report dated 26th October 2005 by the Head of Planning, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY AREA ROADS & AMENITY SERVICES MANAGER IN REGARD TO CAR PARKING CHARGES IN TOBERMORY

Members considered , and agreed, a report dated 25th October 2005 by the Area Roads and Amenity Services Manager in regard to proposals for parking control in Tobermory. It was further agreed to instruct officers to shorten, as much as possible, the timetable for implementation of these proposals.

(Ref: Report dated 25th October 2005 by the Area Roads and Amenity Services Manager, submitted) Page 5

7. PUBLIC QUESTION TIME

Mr Sam Leddy Expressed concern in regard to the difficulties which would Connel be experienced by the elderly / infirm in accessing the New Oban Library at the former Jobcentre building. Members advised that a number of alternative locations had been considered over a considerable period of time but the former Jobcentre building is the best available insofar as it is nearer the town centre and will offer disabled access. The Area Service Manager, Social Work advised that any elderly / infirm member of the public experiencing difficulty in accessing the new Library should contact the Social Work office for assistance.

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 6, 9 and 13 of Part 1 of Schedule 7a to the Local Government (Scotland) Act 1973.

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO THE DISPOSAL OF KERRERA SCHOOL BUILDING

Members considered a report dated 2nd November 2005 by the Head of Legal and Protective Services in regard to the disposal of the Kerrera School building.

Decision:

It was agreed that

(a) a further report be submitted to the next meeting detailing (i) the timetable of action from when the matter first came before the Committee; and (ii) the area of ground being disposed of; and (b) this matter be included as a standing item on each future agenda until it is concluded.

(Ref: Report dated 2nd November 2005 by the Head of Legal and Protective Services, submitted)

(b) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO BRIDGE OF ORCHY SCHOOL

Members considered a report dated 19th October 2005 by the Head of Legal and Protective Services in regard to the disposal of Bridge of Orchy Primary School site.

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Decision:

It was agreed that

(c) a further report be submitted to the next meeting detailing the timetable of action from the original decision to dispose of the school; and (d) this matter be included as a standing item on each future agenda until it is concluded.

(Ref: Report dated 19th October 2005 by the Head of Legal and Protective Services, submitted)

(c) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO CONNEL GLIDING CLUB

Members considered a report dated 2nd November 2005 by the Director of Corporate Services in regard to a request from Connel Gliding Club for the extension of their current lease.

Decision:

It was agreed to authorise the Head of Legal and Protective Services to negotiate suitable terms and conditions with the Club and report back to a future meeting for approval thereof.

(Ref: Report dated 2nd November 2005 by the Director of Corporate Services, submitted)

(d) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO SALE OF LAND IN OBAN

Members considered a report dated 19th October 2005 by the Director of Corporate Services in regard to sale of ground in Oban.

Decision:

It was agreed that:

(a) a report be submitted to the next meeting detailing the timetable of action from the original decision to dispose of the ground; (b) a letter be issued to the prospective purchaser placing a closing date for (i) acceptance of the offer; and (b) settlement of arrears of rent, including interest thereon; and (c) in the event of no response being received by the closing date, all works carried out on ground owned by the Council will require to be removed.

(Ref: Report dated 19th October 2005 by the Director of Corporate Services, submitted)

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9. ENFORCEMENT ACTIONS

(a) 03/00266/ENFOTH

Members considered, and noted, a report dated 2nd November 2005 by the Head of Planning in regard to enforcement ref. 03/00266/ENFOTH.

(Ref: Report dated 2nd November 2005 by the Head of Planning, submitted)

(b) 05/00151/ENFOTH

Members considered, and approved the recommendations set out in the report dated 2nd November 2005 by the Head of Planning in regard to enforcement ref. 05/00151/ENFOTH.

(Ref: Report dated 2nd November 2005 by the Head of Planning, submitted)

10. DEEDS AND DOCUMENTS

(a) REPORT BY CHIEF SOLICITOR IN REGARD TO FORMAL DEEDS AND DOCUMENTS EXECUTED BETWEEN 14TH SEPTEMBER 2005 AND 11TH OCTOBER 2005

Members considered and noted a report dated 11th October 2005 by the Head of Legal and Protective Services in regard to deeds and documents executed between 14th September and 11th October 2005. The Members requested that more details of the transactions be provided in the future.

(Ref: Report dated 11th October 2005 by the Head of Legal & Protective Services, submitted)

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______ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES AREA COMMITTEE CORPORATE SERVICES 7th DECEMBER 2005 ______OBAN, LORN & THE ISLES AREA STRATEGY ______

1. SUMMARY

1.1 The appendix to this report lists the priority projects, on a Ward by Ward basis, previously identified by Members for inclusion in the Oban, Lorn & the Isles Area Strategy 2003-2007 and outlines the progress in regard to the agreed strategic projects.

2. RECOMMENDATIONS

2.1 Members are asked to consider the Area Strategy with a view to making any amendments thereto.

3. DETAILS

3.1 The Council agreed that within the four decentralised areas, Area Strategies would be developed within the context of the overall Council Strategy, which would reflect and address local needs and issues, recognising that in a climate of increasing pressure on resources real choices have to be made about Council priorities.

3.2 The Oban, Lorn & the Isles Area Strategy 2003-2007 highlights priority programmes and projects which the Council is undertaking. It does not detail the specific day to day delivery of Council services to the community as this is contained within individual Service Plans.

3.3 The Area Strategy 2003-2007 has been developed within the Council's strategic context and reflects the aspirations of Elected Members. In addition to the agreed strategic priorities, Members can identify up to five priorities within their own Wards which they wish to be incorporated into Service Plans. Within this limitation, Members are invited to endorse, amend, delete or add to those priorities currently identified, to reflect changes in circumstances, such as projects having been completed, or revised priorities etc.

4. IMPLICATIONS

Policy None. Finance The key priorities and related areas for development will influence capital and revenue budget submissions from the Area and the development of future budget strategies. Personnel None. Equal Opportunities None.

Kenneth Macdonald Area Corporate Services Manager (01631 567930)

11th November 2005

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OBAN, LORN & THE ISLES AREA STRATEGY

The following table is a collation of information provided by the Local Members in response to a request for their perceived top priorities for action within their Wards, for inclusion in the Area Strategy. This is without prejudice to the existing strategic priorities of the Area Committee, namely:-

Development Road (Oban) Oban Airport (North Connel) Oban Harbour Relocation of Oban Library Replacement of Rockfield School A848 Salen – Tobermory Road, Isle of Mull Rationalisation of Office Accommodation Infrastructure Improvements to alleviate Development Constraints within OL&I.

Ward Ref. Narrative

10 - Awe 10/1 Carriageway repairs and improvements, scrub clearance, drainage, signage etc. on all roads

10/2 Luing ferry - investigate using vehicular ferry for longer periods.

10/3 Maintenance of Council owned properties (housing, cemeteries, schools etc.)

10/4 Support to local organisations by giving grant aid to attract additional funding for sports and voluntary organisations, community councils etc.

10/5 Investigate recycling collections (paper, cans, glass etc.)

11 - Oban 11/1 On-street car parking North 11/2 Town centre leisure golf provision

11/3 Provision of shelters on the Esplanade

12 – Oban 12/1 Regularisation / control of on-street parking on the narrow hill roads (Pulpit and Central Oban hills) and provision of pavements.

12/2 Road surface improvements, particularly (a) Glenshellach Terrace to Glenmore Road; (b) Ardconnel Road, from Duncraggan Road to junction with Ardconnel Terrace; and (c) provision of a ‘Slow’ sign at dangerous corner, Ardconnel Terrace.

12/3 Movement of Combie Street traffic lights to provide for traffic to/from Glencruitten Road.

12/4 Restoration of Dungallan Park wall.

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Ward Ref. Narrative

13 – Oban 13/1 Provision of a sports pitch - Soroba. South 13/2 Provision of a footbridge across the railway to link Soroba with Dalintart.

13/3 Provision of a Community Centre - Soroba.

13/4 Establishment of a warden scheme for Soroba.

13/5 Address car parking issues at St Columba's and Drummore Schools.

14-Ardconnel 14/1 Completion of Ganavan Road safety pavement. -Kilmore 14/2 Provision of a community centre for Dunbeg.

14/3 Outdoor sports facilities.

14/4 Improvements to roads on Seil, including accessibility to the island.

15 – North 15/1 Lismore - Port Appin ferry. Lorn 15/2 Road safety improvements.

15/3 Recreational facilities in North Lorn.

15/4 Upgrading of public toilets.

15/5 Oban - Fort William Cycleway

16 - Mull 16/1 Improvements / upgrading of roads: A848 Tobermory / Salen; A849 Pennyghael / ; B8035 Gruline / Salen.

16/2 Development of harbour at Fionnphort.

16/3 Ulva Ferry Toilets.

16/4 Provision of customer friendly more courteous signing.

17 - & 17/1 Realignment and refurbishment of the Crossapol 'chicane' system. Coll 17/2 Extensive refurbishment of roads infrastructure on both Coll and Tiree.

17/3 Crossapol Village enhancement scheme.

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AREA STRATEGY - PRIORITIES

Project In Partnership Progress as at 10.11.05

1. Oban Airport, North Connel H.I.E. Funding Package in place to improve the airfield and Europe establish new airfields on Coll and .

2. A848 Salen – Tobermory Road, Isle of Europe No progress to date. Options being explored. Mull

3. Development Road, Oban Private Sector Oban Action Plan being prepared by consultants who will recommend strategy. Options appraisal being carried out by Development Services. Page 13 4. Oban Harbour Caledonian MacBrayne Oban Action Plan being prepared by consultants who will Northern Lighthouse Board recommend strategy. Private Sector

5. Infrastructure Improvements to alleviate Scottish Executive Ongoing. development constraints within Oban, Scottish Water Lorn and the Isles Private Sector H.I.E.

6. Relocation of Oban Library Former Jobcentre building to be leased and refitted. Plans lodged.

7. Rationalisation of Office Oban Properties Options Group formed to look at taking Accommodation this forward in conjunction with the Oban Action Plan.

8. Replacement of Rockfield School ABC Schools Limited Part of agreed NPDO process.

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ARGYLL AND BUTE COUNCIL 7th December 2005 COMMUNITY SERVICES

EDUCATION DEVELOPMENT GRANTS 2005-6

1. SUMMARY

1.1 The Council has set the 2005-06 budget for Education Development Grants to Oban, Lorn and the Islands Area at £23,249.

1.2 This report presents applications for financial assistance that meet the published criteria and require the Area Committee to decide on distribution of the sums.

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendati Project Requested on Oban High School PTA £17,600 £8,800 £4,400 Oban youth Café Project £48,581 £7,000 £7,000 St Columbus Youth Club £960 £480 £445 Dunbeg youth £1,780 £890 £890 Committees TOTAL £68,921 £17,170 £12,735

3. CONCLUSION

3.1 The list of applications contained within this report represent projects that are eligible for assistance through the Education Development Grant Scheme. The recommendations for funding of each project reflect not only the eligibility of the scheme against the Council’s criteria but also the availability of funds.

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Education Development Grants for 2005-06 will be £0.00

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4. IMPLICATIONS

Policy: The recommendations are made within the policy for assistance to voluntary organisations.

Financial: The recommendations will allocate a further sum of £12,735 from the funds available for 2005-06.

Personnel: Nil

Equal Opportunity: The Assistance to Voluntary Organisations Scheme embraces the Council’s Equal Opportunities aims.

For further information contact: David Craig Telephone 01631 562466 29 November 2005

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

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ARGYLL AND BUTE COUNCIL 7th December 2005 COMMUNITY SERVICES

LEISURE DEVELOPMENT GRANTS 2005-06

1. SUMMARY

1.1 The Council has set the 2005-06 budget for Leisure Development Grants to Oban, Lorn and the Islands Area at £21,257.

1.2 This report presents applications for financial assistance that meet the published criteria and require the Area Committee to decide on distribution of the sums.

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendati Project Requeste on d Taynuilt Sports Committee £6,756 £3,378 £3,000 Craignure Recreational £30,466 £4,290 £4,000 Activity Facility Team Isle of Seil Golf Club £2,950 £1,000 £,1,000 Argyll and Bute Concert £7,488 £700 £0.00 Tours Mull Theatre £596,000 £4,000 £2,297 Awaiting Dalmally 2000 confirmation Totals £643,660 £13,368 £10,297

3. CONCLUSION

3.1 The list of applications contained within this report represent projects that are eligible for assistance through the Leisure Development Grant Scheme. The recommendations for funding of each project reflect not only the eligibility of the scheme against the Council’s criteria but also the availability of funds.

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Leisure Development Grants for 2005-06 will be £0.00 Page 28

4. IMPLICATIONS

Policy: The recommendations are made within the policy for assistance to voluntary organisations.

Financial: The recommendations will allocate a further sum of £10,297 from the funds available for 2005-06.

Personnel: Nil

Equal Opportunity: The Assistance to Voluntary Organisations Scheme embraces the Council’s Equal Opportunities aims.

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

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ARGYLL AND BUTE COUNCIL OBAN, LORN AND ISLES COMMUNITY SERVICES: EDUCATION AREA COMMITTEE 7 DECEMBER 2005

SCHOOL HOLIDAYS AND IN SERVICE DAYS: 2006/2007

1. SUMMARY

1.1 The Strategic Policy Committee at its meeting on 5 May 2005 agreed the framework of main holiday dates for schools in 2006/2007

1.2 These dates were then circulated to schools and school boards who were consulted about the inservice days and occasional day holidays to be incorporated into the agreed framework.

1.3 The final patterns of inservice days and school holidays have now been identified for all schools in Oban, Lorn and the Isles and these are outlined in appendices 1, 2, 3 and 4 to this paper.

2. RECOMMENDATIONS

2.1 Members are asked to endorse the final patterns of school holidays and inservice days for all schools in Oban, Lorn and the Isles as outlined in appendices 1, 2, 3 and 4.

2.2 Members are asked to agree that the details of schools holidays and inservice days for 2006/2007 should now be circulated to schools and all relevant organisations.

3. DETAIL

3.1 The Strategic Policy Committee at its meeting on 5 May 2005 agreed the main framework of school holiday dates for Session 2006/2007.

3.2 This framework was circulated to all schools and school boards. Head teachers were consulted about the five inservice days and school boards about the five occasional day holidays which were to be incorporated into the agreed framework of holiday dates.

1

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3.3 As part of the process head teachers and school boards were asked to consult with other schools and school boards with the aim of achieving a consistent pattern of inservice days and occasional holidays in their area.

3.4 Following this consultation, responses from head teachers and school boards were submitted to Argyll House and the final patterns of inservice days and holidays were collated for consideration and endorsement by local committees.

3.5 The patterns of inservice days and holidays for all schools in Oban, Lorn and the Isles for school session 2006/2007 are outlined in appendices 1, 2, 3 and 4 which are attached to this paper.

4. CONCLUSION

4.1 Following consultation with head teachers and school boards about the incorporation of inservice days and occasional day holidays into the framework of main holiday dates agreed by Strategic Policy Committee, the pattern of school holidays for 2006/2007 has now been identified.

5. IMPLICATIONS

Policy: None

Financial: None

Personnel: None

Equal Opportunity: None

Legal: None

Douglas Hendry Director of Community Services 10 November 2005

For further information contact: Carol Walker, Head of Pre School and Primary Education, Drummore Education Centre, Soroba Road, Oban, Argyll PA34 4SB. Tel: 01631 564908

2

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APPENDIX 1

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2006/2007

OBAN, LORN AND THE ISLES

Oban and Lorn, Lismore, Luing and Coll, Bunessan and Iona

Oban High School Kilchrenan Primary School Achaleven Primary School Kilninver Primary School Ardchattan Primary School Lismore Primary School Arinagour Primary School Lochnell Primary School Barcaldine Primary School Luing Primary School Bunessan Primary School Park Primary school Dalmally Primary School Rockfield Primary School Drummore School St Columba’s Primary School Dunbeg Primary School Strath of Appin Primary School Easdale Primary School Taynuilt Primary School Iona Primary School

TERM 1 17 & 18 August 2006 In-service days 21 August 2006 Pupils return 06 October 2006 School closes 23 October 2006 School re-opens 17 November 2006 School Closes 20 November 2006 In-service day 21 November 2006 School re-opens 22 December 2006 School closes

TERM 2 08 January 2007 School re-opens 14 February 2007 School closes 15 & 16 February 2007 In-service days 20 February 2007 School re-opens 30 March 2007 School closes

TERM 3 16 April 2007 School re-opens 04 May 2007 School closes 08 May 2007 School re-opens 29 June 2007 School closes

3

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APPENDIX 2

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2006/2007

OBAN, LORN AND THE ISLES

Mull

Tobermory High School Dervaig Primary Lochdonhead Primary Salen Primary Ulva Primary

TERM 1 17 & 18 August 2006 In-service days 21 August 2006 Pupils return 06 October 2006 School closes 23 October 2006 School re-opens 17 November 2006 School Closes 20 November 2006 In-service day 21 November 2006 School re-opens 22 December 2006 School closes

TERM 2 08 January 2007 School re-opens 14 February 2007 School closes 16 February 2007 In-service day 20 February 2007 School re-opens 30 March 2007 School closes

TERM 3 16 April 2007 School opens 04 May 2007 School closes 08 May 2007 School opens 18 May 2007 School closes 21 May 2007 In-service day 22 May 2007 School re-opens 29 June 2007 School closes

4

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APPENDIX 3

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2006/2007

OBAN, LORN AND THE ISLES

Tiree

Tiree High School Tiree Primary

TERM 1 17 &18 August 2006 In-service days 21 August 2006 Pupils return 06 October 2006 School closes 23 October 2006 School opens 16 November 2006 School closes 17 November 2006 In-service day 20 November 2006 School opens 22 December 2006 School closes

TERM 2 08 January 2007 School re-opens 14 February 2007 School closes 15 &16 February 2007 In-service days 20 February 2007 School re-opens 30 March 2007 School closes

TERM 3 16 April 2007 School re-opens 04 May 2007 School closes 08 May 2007 School re-opens 29 June 2007 School closes

5

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APPENDIX 4

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2006/2007

OBAN LORN AND THE ISLES

Ardchonnel

Ardchonnel Primary School

TERM 1 17 & 18 August 2006 In-service days 21 August 2006 Pupils return 22 September 2006 School closes 26 September 2006 School re-opens 13 October 2006 School closes 25 October 2006 School re-opens 22 November 2006 School closes 23 & 24 November 2006 In-service days 28 November 2006 School re-opens 22 December 2006 School closes

TERM 2 08 January 2007 School re-opens 14 February 2007 School closes 15 February 2007 In-service day 20 February 2007 School re-opens 30 March 2007 School closes

TERM 3 16 April 2007 School re-opens 04 May 2007 School closes 08 May 2007 School re-opens 29 June 2007 School closes

6

F:\moderngov\Data\AgendaItemDocs\6\5\9\AI00024956\Schoolholidaysandinservicedays0.doc Page 49 Argyll and Bute Council Agenda Item 5a Development 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

03/02086/ERD/A Mr Mrs McDermott 25/10/2005 26/10/2005 26/10/2005 WARAPP

Plot 1 Land North Of Oakbank Lochdon Isle Of Mull

Erection of dwelling - Amendment to B(S)A: 03/02086/ERD granted 12.01.04 for Garage/utility/WC removed: Drainage altered, Porch extended; kitchen window added:- U.F Porch roof extended, en-suite added and wall removed: windows 04/00088/ERD/A Mr Mrs I Jordan 12/09/2005 12/09/2005 24/10/2005 WARAPP

5 Kilvaree Connel Oban Argyll

Erection of Dwelling House - Amendment to B(S)A: 04/00088/ERD granted 27 April 2004 for utility cupboard, removal of shower from ground floor, sizez of entrance windows and change of location of septic tank, soakaway and oil tank 04/00734/ERD/A Mr R Sage 02/09/2005 09/09/2005 28/10/2005 WARAPP

Land East Of Fearnoch Cottage Taynuilt Argyll

Erection of dwelling house and installation of 3800 litre septic tank with associated mounded filter system and oil storage tank - Amendment to B(S)A: 04/00734/ERD granted 11.05.05 for alteration to suspended timber ground floor to ground-bearing 04/01005/ALT Mr And Mrs D MacKinnon 20/05/2004 15/06/2004 24/10/2005 WARAPP

25H Glencruitten Drive Oban Argyll

Alteration to Kitchen to increase floor by incorporating external balcony within Kitchen floor plan.

04/01116/EXT/A Mr And Mrs A Wilson 19/10/2005 20/10/2005 20/10/2005 WARAPP

Cearnag Taynuilt Argyll

Proposed extension to dwelling - additional living space: Amendment to Warrant 04/01116/ERD (dated 02 August 2004) to Extend Decking; French Doors between house and sunroom - repositioned; Gas fire installation omitted. 04/01380/AOW Mr R Hannabuss 13/07/2004 26/10/2005 27/10/2005 WARAPP

Achadh A Mhullaich Dervaig Tobermory Isle Of Mull PA75 6QS Proposed extension and alterations - Amendment to B(S)A: 01/01211/EXT granted 26.09.01 for alterations to steps, stairs and raised platform including additional steelwork provision.

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 1 of 10 Page 50 Argyll and Bute Council Development 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

04/01580/ERD/A Benmore Estate Ltd 20/10/2005 26/10/2005 14/11/2005 WARAPP

Knock Farm Gruline Isle Of Mull PA71 6HR

Amendment to Warrant 04/01580/ERD/A (dated 16/12/04) Relocation of Ramp; Addition of Esse cooker and Twin Walled flue; Addition of door to GF shower room

04/01985/MTP/A Inverawe Smokehouses 30/09/2005 03/10/2005 25/10/2005 WARAPP

Inverawe Smokehouses Inverawe Taynuilt Argyll PA35 1HU Alterations and extension to smokehouse - Amendment to B(S)A: 04/01985/MTP granted 27.01.05 for alterations to layout and finishes as built

04/02077/STG/B Ichrachan Holdings 03/11/2005 04/11/2005 04/11/2005 WARAPP

Sites 2 And 3 Former Primary School Taynuilt Argyll

Re locate wash hand basins, additional showers, alterations to drainage, re locate steps from deck.

04/02096/ERD C J Packard 26/10/2004 10/02/2005 14/11/2005 WARAPP

Walkers Cottage Isle Of Coll PA78 6TB

Erection of dwelling and extension to adjacent dwelling

04/02223/ALT Oban High School (Head Teacher) 10/11/2004 20/12/2004 24/10/2005 WARAPP

Oban High School Soroba Road Oban Argyll PA34 4JB Internal alterations to secondary school (DDA) and associated works to form ramps

04/02374/EXT/A Mr Mrs D Maclellan 25/10/2005 25/10/2005 25/10/2005 WARAPP

St Annes Victoria Place Dunollie Road Oban Argyll PA34 5PH Extension to guest house to form utility room, external french doors to kitchen from terrace and kitchen window blocked up - Amendment to B(S)A: 04/02374/EXT granted 25 April 2005 to remove door and partition to allow escape route to pass through a

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 2 of 10 Page 51 Argyll and Bute Council Development 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

04/02459/ERD/A Mr And Mrs G Swindells 18/01/2005 20/10/2005 20/10/2005 WARAPP

Plot 4 Druim-Na-Moina, Inverfolla Appin Argyll

Amendment to 04/02459/ERD dated 2 June 2005 - oil storage tank changed to LPG tank - house will now have gas central heating

04/02466/ERD/A Argyll And Bute Council 29/04/2005 01/09/2005 28/10/2005 WARAPP

Glencruitten Hostel Dalintart Drive Oban Argyll PA34 4EF Erection of additional accommodation - Amendment to 04/02466/ERD granted 10.01.05 for final stage - superstructure, external wall cladding, roof, internal walls and their linings, electrical, ventilation, heating and plumbing system 05/00019/EXT/A Mrs A Cowe 14/07/2005 06/10/2005 18/10/2005 WARAPP

Port Rainich Cottage Torloisk Isle Of Mull PA74 6NH Amended proposal 05/00019/EXT - Side and rear extension of cottage to increase floor area to from one dwelling occupied by one family

05/00221/ALT/A Oban War And Peace Museum 19/10/2005 25/10/2005 25/10/2005 WARAPP

Oban Times Buildings Corran Esplanade Oban Argyll PA34 5PX Subdivision and alterations to form Museum Amendment to 05/00221/ALT granted 6 April 2005 for deviations to layout of upper ground floor, subdivision of store 1 to form store and preparation area; layout to male wc amended and lobby door 05/00571/EXT M Logan 07/04/2005 22/06/2005 14/11/2005 WARAPP

Tigh Na Dariach Taynuilt Argyll PA35 1HR

Single storey timber framed extension to chalet

05/00633/ERC M I C T 15/04/2005 15/04/2005 17/10/2005 WARAPP

Garage Craignure Isle Of Mull PA65 6AY

Erection of shed

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 3 of 10 Page 52 Argyll and Bute Council Development 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

05/00634/DEMOL Food Convertors Limited 15/04/2005 28/04/2005 25/10/2005 WARAPP

Argyll Hotel Corran Esplanade Oban PA34

Demolition of single, two, three and four storey buildings at the rear of the Argyll Hotel

05/00645/ALT Rachael Watt 15/04/2005 11/07/2005 10/11/2005 WARAPP

Glenevan Pennyghael Isle Of Mull PA70 6HD

Erection of new outer leaf and insulation to existing dwelling

05/00677/ERD Mr M Eccleston 20/04/2005 07/07/2005 18/10/2005 WARAPP

Plot 8 Benvoullin Gardens Oban Argyll

Erection of 7 apartment timber framed Dwelling House with integral garage

05/00690/ERD P Dugdale Esq 21/04/2005 24/06/2005 24/10/2005 WARAPP

Garage Of Arldale 6 Western Road Strongarbh Tobermory Change of use of attached domestic garage to dwellinghouse within land in the same occupation as exisitng dwelling

05/00763/MTP C Ronald/Dunstaffnage Estate 28/04/2005 02/07/2005 26/10/2005 WARAPP

Saulmore Farm Connel Oban Argyll PA37 1PU

Erection of extensions and change of use of existing farm outbuildings to form new retail and restaurant units

05/00765/ALT Dr Hazel Campbell 28/04/2005 23/08/2005 28/10/2005 WARAPP

Achnameadhonach Taynuilt Argyll PA35 1JS

Alterations and extension to dwelling

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 4 of 10 Page 53 Argyll and Bute Council Development 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

05/00803/ERD West Highland Housing Association Limited 29/04/2005 24/08/2005 14/11/2005 WARAPP

Land Adjacent To Creag Bhan Village Glengallan Road Oban Argyll Erection of 46 residental units: comprising 16 flats, 28 semi-detached dwellings and 2 detached dwellings

05/00947/ALTEXT Mr Mrs D Pretswell 26/05/2005 26/08/2005 21/10/2005 WARAPP

16 Creran Gardens Soroba Oban Argyll PA34 4JU

Alterations and extension to dwelling house

05/00960/ERECDW J And I MacDonald 25/05/2005 26/07/2005 28/10/2005 WARAPP

Land North Of Oakfield Dervaig Tobermory Isle Of Mull Erection of 7 apartment timber framed two storey dwelling house with septic tank and associated piped bed infiltration system, and erection of oil storage tank.

05/00967/ERECDW Mr Stewart Orr 31/05/2005 31/08/2005 09/11/2005 WARAPP

Kilbrannan Benderloch Oban Argyll

Erection of Timber Framed 1 1/2 Storey Dwelling with septic tank and associated piped bed infiltration system

05/00984/ALTER Mr Mrs Elliot 02/06/2005 24/08/2005 28/10/2005 WARAPP

HighCliff Glencruitten Road Oban Argyll PA34 4EW

Internal alterations to dwelling to form ground floor study, toilet in utility room, ensuites to bedrooms 2 ,3 and 4 with a maximum of two double bedrooms not in use for more than half the year used for bed and breakfast accommodation. 05/00988/ALTEXT Mr Michael Gilmore 01/06/2005 07/09/2005 14/11/2005 WARAPP

Rock Cottage Clachan Seil Oban Argyll PA34 4TL

Alteration and two storey timber framed extension of dwelling

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 5 of 10 Page 54 Argyll and Bute Council Development 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

05/00993/EXTEND Mr Mrs McInnes 03/06/2005 22/08/2005 02/11/2005 WARAPP

Ruanaich Isle Of Iona PA76 6SP

Extension to dwelling house

05/01013/ERECDW Mr John Dugald Howard 08/06/2005 19/08/2005 18/10/2005 WARAPP

Oskamull Cottage Ulva Ferry Isle Of Mull

Erection of dwellinghouse with secondary sewage treatment plant (Klargester BA) and associated percolation mound

05/01028/ERECT Mr Scott Gibson 13/06/2005 28/09/2005 15/11/2005 WARAPP

Achnasmearoch Kilchrenan Taynuilt Argyll PA35 1HF Erection of Boat Shed

05/01084/ERECDW Mr And Mrs T Kelly 27/06/2005 29/09/2005 24/10/2005 WARAPP

Plot 1 South West Of Innishail Cottage Ardbrecknish Dalmally Argyll Erection of Dwelling House

05/01092/ERECDW Mrs M McNelly 28/06/2005 04/10/2005 26/10/2005 WARAPP

Land Adjacent To Rowanbank Dalmally Argyll

Erection of Dwelling House (Plot 2)

05/01132/MULTIP/A Steven Shaw And Maire Lynch 04/10/2005 11/10/2005 28/10/2005 WARAPP

Woodside Hotel Tweedale Street Oban Argyll PA34 5DD Change in occupation and use of building to increase floor area of Hydro and Woodside Bars; and formation of separating wall between smoking area and laundrette; and alteration to the roof over smoking area - Amendment to B(S)A:

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 6 of 10 Page 55 Argyll and Bute Council Development 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

05/01161/ERECDW Mr Stewart Orr 12/07/2005 02/09/2005 28/10/2005 WARAPP

Plot 2 Achnacreemore North Connel Oban Argyll

Erection of dwelling house and domestic oil storage tank.

05/01168/ALTER Mr Kenneth Macdougall 12/07/2005 23/08/2005 02/11/2005 WARAPP

Redbank 14 Pulpit Drive Oban Argyll PA34 4LE

Alteration to form patio door

05/01190/INSTAL Mr Michael Barlow 18/07/2005 15/08/2005 26/10/2005 WARAPP

Sunnybrae South Cuan Oban Argyll PA34 4TU

Installation of 7500 litre septic tank for caravans on site

05/01213/MULTIP Mr And Mrs Bannister 22/07/2005 23/08/2005 21/10/2005 WARAPP

6 Fladda Cullipool Oban Argyll PA34 4UA

Cutdown from existing window to form new door for access and erection of heated conservatory

05/01218/ALTER The Iona Community 22/07/2005 10/10/2005 17/10/2005 WARAPP

Camus Centre Bunessan Isle Of Mull

Alterations to South Building Camas outdoor activity centre

05/01247/EXTEND Mrs C E Rothwell (Fisher) 29/07/2005 29/09/2005 26/10/2005 WARAPP

Seilisdeir Lochdon Isle Of Mull PA64 6AP

Erection of Unheated Glass Conservatory.

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 7 of 10 Page 56 Argyll and Bute Council Development 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

05/01289/ERECDW D Thomson Esq 12/08/2005 28/09/2005 28/10/2005 WARAPP

Former Squash Court Glencruitten House Glencruitten Oban Argyll Alterations and conversion of the squash court building to form dwelling with Installation of Septic Tank and Soakaway and Installation of Oil Fired Boiler and Storage Tank

05/01299/ALTEXT Mrs Robertson 16/08/2005 28/09/2005 24/10/2005 WARAPP

11 Aros Close Oban Argyll PA34 4RN

Installation of double glazed pvc conservatory with dormer roof. Formation of opening with new doors.

05/01301/ERECT T.A.C.T. 17/08/2005 19/09/2005 31/10/2005 WARAPP

Loch Etive Hotel Connel Oban Argyll PA37 1PH

Erection of Sewerage Treatment Plant

05/01313/ALTER Internationale Ltd 22/08/2005 23/09/2005 31/10/2005 WARAPP

Unit 3 Lochavullin Drive Oban Argyll PA34 4PL

Internal alteration of existing retail unit 3 and formation of fire exit to side elevation

05/01367/ALTEXT Mr T Donaldson 02/06/2005 07/09/2005 17/10/2005 WARAPP

Pennycross Pennyghael Isle Of Mull PA70 6HE

Addition of shower/utility and consevatory to dwelling house

05/01375/EXTEND Mrs Sue Bebbington 02/09/2005 05/10/2005 08/11/2005 WARAPP

Gruline Home Farm Gruline Isle Of Mull PA71 6HR

Erection of heated Conservatory for Self Contained Unit

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 8 of 10 Page 57 Argyll and Bute Council Development 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

05/01417/EXTEND Mr And Mrs I Moore 13/09/2005 26/10/2005 03/11/2005 WARAPP

45 Creag Bhan Village Glengallan Road Oban Argyll

White PVCU heated conservatory extension to rear elevation

05/01503/ALTER Atlantis Leisure 04/10/2005 26/10/2005 26/10/2005 WARAPP

Atlantis Leisure Dalriach Road Oban Argyll PA34 5JE Alteration of practice hall to fitness suite and weights room

05/01505/ALTER Atlantis Leisure 04/10/2005 26/10/2005 02/11/2005 WARAPP

Atlantis Leisure Dalriach Road Oban Argyll PA34 5JE Alteration existing health suite to dance studio

05/01518/EXTEND Mr Mrs Macinnes Per Scotwest Windows 05/10/2005 24/10/2005 04/11/2005 WARAPP

Glengarry Croft Road Oban Argyll PA34 5JL

Erection of non-heated conservatory

05/01534/DEMOL Ecosse Leisure Ltd 07/10/2005 07/10/2005 24/10/2005 WARAPP

Dunstaffnage Arms Hotel Connel Oban Argyll

Demolition of 1 Storey Rear Bedroom Accomodation

05/01566/ALTER Mr David Ritchie 14/10/2005 26/09/2005 14/11/2005 WARAPP

Blaven Cullipool Oban Argyll PA34 4TX

Alteration to existing cottage replacing existing sitting room window with UPVC French door

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 9 of 10 Page 58 Argyll and Bute Council Development 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

05/01580/DEMOL Mr Alex Hood 20/10/2005 20/10/2005 20/10/2005 WARAPP

Oban Joint Primary Campus Soroba Road Oban Argyll Demolition of extension on South bundary as mark up on attached plan

05/01613/ALTER MacPhee And Partners 01/11/2005 02/11/2005 03/11/2005 WARAPP

Queen Building George Street Oban Argyll PA34 5RZ Alterations to Offices: Removal of Glazed Screens and Door. Partition and Door Removed. New Partition Formed. Door Re-Positioned.

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 15 November 2005 Page 10 of 10 Page 59 Argyll and Bute Council Agenda Item 5b Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

Application Types: ADV App.for Advertisement Consent, ART4 App. Required by ARTICLE 4 Dir, CLAWUApp. for Cert. of Law Use/Dev. (Existing), CLWP App. for Cert. of Law Use/Dev. (Proposed), COU App. for Change of Use Consent, CPD Council Permitted Dev Consultation, DET App. for Detailed Consent, FDP Forest Design Plan Consultation, FELLIC Felling Licence Consultation, GDCON Government Dept. Consultation, HAZCON App. for Hazardous Substances Consent, HYDRO Hydro Board Consultation, LIB Listed Building Consent, LIBECC App. for Consent for ecclesiastical building, MFF Marine Fish Farm Consultation, MIN App. for Mineral Consent, NID Not. of intent to develop app., NMA Not. for Non-Materail Amnt, OUT App. for Permission in Principal, PNAGRI Prior Not. Agriculture, PNDEM Prior Not. Demolition, PNELEC Prior Not. Electricity, PNFOR Prior Not. Forestry, PNGAS Prior Not. Gas Supplier, PREAPP Pre App. Enquiry, REM App. of Reserved Matters, TELNOT Telecoms Notification, TPO Tree Preservation Order, VARCON App. for Variation of Condition(s), WGS Woodland Grant Scheme Consultation

Decision Types PER Approved WDN Withdrawn NOO No Objections AAR Application Required CGR Certificate Granted OBR Objections Raised PDD Permitted Development PRE Permission Required NRR New App. Required

15 November 2005 Page 1 of 9 Page 60 Argyll and Bute Council Development 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

05/02267/NMA Mrs E McPherson 08/11/2005 09/11/2005 NOO

Glengorm Victoria Place Dunollie Road Oban Argyll PA34 5PH Non-Material Amendment for Change of Roof Covering Relative to Extension Approved Under 04/01580/DET

05/02232/CPD Argyll And Bute Council 02/11/2005 09/11/2005 NOO

Luing School Toberonochy Oban Argyll PA34 4TY

Formation of New Disabled Accessible Parking Area in Connection with Disability Discrimination Act

05/02231/CPD Argyll And Bute Council 02/11/2005 09/11/2005 NOO

School Easdale Oban Argyll PA34 4RF

Formation of New Disabled Parking Area in Connection with Disability Discrimination Act

05/02220/CPD Argyll And Bute Council 01/11/2005 09/11/2005 NOO

Primary School Glenview Dalmally Argyll PA33 1BE

Alterations in Connection with Disability Discrimination Act

05/02219/CPD Argyll And Bute Council 01/11/2005 09/11/2005 NOO

Achaleven Primary School Connel Oban Argyll

Alterations in Connection with Disability Discrimination Act

05/02217/CPD Argyll And Bute Council 01/11/2005 09/11/2005 NOO

Taynuilt School Taynuilt Argyll PA35 1JE

Alterations in Connection with Disability Discrimination Act

05/02216/CPD Argyll And Bute Council 01/11/2005 09/11/2005 NOO

Kilninver Primary School Kilninver Oban Argyll

Alterations in connection with Disability Discrimination Act (changes to door openings, gate, ramps, steps and doors)

05/02154/NMA Mr And Mrs G Swindells 25/10/2005 31/10/2005 NRR

Plot 4 Druim-Na-Moina, Inverfolla Appin Argyll

Amendment to Consent 04/01589/DET Change from Oil Storage to LPG Tank

15 November 2005 Page 2 of 9 Page 61 Argyll and Bute Council Development 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

05/02152/PNELEC Mono Consultants Ltd 25/10/2005 31/10/2005 NOO

Sron Gharbh Tyndrum Crianlarich Perthshire

New Electricity Supply to Vodafone Mast

05/02082/NMA Kevin And Margaret MacDougall; Alan And Kate Hunter 11/10/2005 18/10/2005 NOO

8 And 9 Achnafearna Taynuilt Argyll PA35 1JP

Non Material Amendment to planning conssent 05/01450/DET - Extensions to dwellinghouses - amendment to window mullion on no. 9 05/02078/DET Mr And Mrs A Durley 11/10/2005 08/11/2005 PER

Sea Bank Clachan Seil Oban Argyll PA34 4TL

Proposed Alterations and Improvements to Dwellinghouse

05/02051/DET Ms L Lawson 07/10/2005 08/11/2005 PER

Dalavich Chalet Park Dalavich Taynuilt Argyll

Extension to cabin 21

05/02017/DET Mr And Mrs MacInnes Per Scotwest Windows 05/10/2005 22/10/2005 PER

Glengarry Croft Road Oban Argyll PA34 5JL

Erection of Conservatory

05/02015/DET Ian Cumming And Susan Macaskill 04/10/2005 08/11/2005 PER

Plot 2 Woodend Glencruitten Road Oban Argyll

Erection of Dwelling

05/02014/DET Mr W Dawson 06/10/2005 10/11/2005 PER

Crunachy Farm Taynuilt Argyll PA35 1HT

Temporary (5 years) Installation of Replacement Mobile Home

05/02006/OUT The Rt Hon The Lord Gray 03/10/2005 21/10/2005 PER

Land Between Beach And Gate Cottage Airds Bay Taynuilt Argyll Renewal of Outline Consent 02/01206/OUT (Erection of Cottage and Garage)

15 November 2005 Page 3 of 9 Page 62 Argyll and Bute Council Development 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

05/02004/DET C And A Boocock 07/10/2005 03/11/2005 PER

Gruline Home Farm Cottage Gruline Isle Of Mull

Installation and Alterations to Dormer Windows and Rooflights and Gabled Roof to Courtyard Entrance

05/01998/DET John Wilson 30/09/2005 21/10/2005 PER

4 Seaview Terrace Easdale Oban Argyll PA34 4RG

Replace roof covering

05/01997/PNAGRI S C Underwood 30/09/2005 26/10/2005 NRR

Tom Na Coille Dalmally Argyll PA33 1AS

Erection of agricultural shed

05/01990/REM Blackcrofts Development 26/10/2005 WDN

Land Adjacent To Black Croft North Connel Oban Argyll

Erection of 11 Houses

05/01969/DET Mrs M I Menassa 27/09/2005 26/10/2005 PER

Hazel Cottage Glenshellach Road Oban Argyll PA34 4PP

Erection of Studio/Office

05/01947/DET Bernadette Tribello 21/09/2005 07/11/2005 PER

Plot 9 At Ichrachan Taynuilt Argyll

Erection of a dwelling house and garage with self contained accommodation on first floor

05/01944/DET C MacLachlainn 20/09/2005 07/11/2005 PER

Morven House Glenmore Road Oban Argyll PA34 4ND

Alterations and Extension to Dwellinghouse

05/01942/DET Strathmore Hotels (Royal Hotel) 22/09/2005 07/11/2005 PER

Royal Hotel Argyll Square Oban Argyll PA34 4BE

Erection of barrier to car park

15 November 2005 Page 4 of 9 Page 63 Argyll and Bute Council Development 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

05/01921/COU Paul Burns 19/09/2005 11/10/2005 PER

Lucerne Ganavan Road Oban Argyll PA34 5TU

Change of Use from Agricultural Land to Domestic Garden

05/01912/DET Hugh Patrick Sweeney 16/09/2005 14/10/2005 PER

Tigh-Na-Tobair Benderloch Oban Argyll PA37 1QS

Alterations and extension

05/01910/DET Stuart E Carmichael 16/09/2005 12/10/2005 PER

Plot 4 East Of Lonruadh Cottages Tyneribbie Appin Argyll

One and half detached storey house - retrospective amended position from previous consent

05/01909/NID Argyll And Bute Council 16/09/2005 31/10/2005 PER

Land At Oban Airport Benderloch Oban Argyll

Formation of fire training area

05/01906/NID Argyll And Bute Council, Transportation And Infrastructure 15/09/2005 31/10/2005 PER

Land At Oban Airport Benderloch Oban Argyll

Formation of car park, apron/taxiway light aircraft stand and helipads

05/01903/DET Torloisk Estate 15/09/2005 26/10/2005 PER

2 And 3 The Cottages Torloisk Isle Of Mull PA74 6NH

Alterations and extensions to existing dwellings

05/01880/DET Mr J McLeish 13/09/2005 18/10/2005 PER

Invercoe Benvoullin Road Oban Argyll PA34 5EF

Internal Alterations, Attic conversion and Installation of Decking

05/01875/DET Mr And Mrs I Moore 13/09/2005 18/10/2005 PER

45 Creag Bhan Village Glengallan Road Oban Argyll

Erection of UPVC Conservatory

15 November 2005 Page 5 of 9 Page 64 Argyll and Bute Council Development 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

05/01868/DET M And K Macleod Ltd 12/09/2005 09/11/2005 PER

Former Tank Farm Isle Of Tiree

Erection of Eight Gro Grant Houses (Phase 2)

05/01865/DET Brian And Janet Cresswell 12/09/2005 07/11/2005 PER

Plot 2 Barrancaltium Barran Kilmore Oban Argyll

Formation of Access, Erection of Dwelling House and Installation of Septic Tank

05/01864/DET Donald C Files 12/09/2005 14/10/2005 REF

1B Dalintart Drive Oban Argyll PA34 4EE

Erection of Garage

05/01855/DET Scottish Water 09/09/2005 08/11/2005 PER

Wastewater Treatment Works Balephuil Scarinish Isle Of Tiree

Installation of pump control kiosk, rapid gravity filter and ancilliary development

05/01850/LIB Mr Mrs A Park 08/09/2005 20/10/2005 PER

Bayview 24 Easdale Island Oban Argyll PA34 4TB

Alterations to Dwelling House

05/01847/DET Mr Mrs A Park 08/09/2005 20/10/2005 PER

Bayview 24 Easdale Island Oban Argyll PA34 4TB

Alterations to Dwelling House

05/01844/COU Argyll Properties 09/09/2005 03/11/2005 PER

Land North Of Cnoc A Sgillin Tobermory Isle Of Mull

Formation of basement flat within underbuilding of existing, flatted dwelling

05/01841/OUT Christopher David Rose 07/09/2005 19/10/2005 PER

Ruined Cottage North West Of Eredine House Eredine Dalmally Argyll Site for Erection/Re-Development of Dwellinghouse

15 November 2005 Page 6 of 9 Page 65 Argyll and Bute Council Development 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

05/01838/DET Mairi Forbes 07/09/2005 31/10/2005 PER

1 Balevullin Scarinish Isle Of Tiree

Erection of Dwellinghouse

05/01836/DET Mrs S Brindle 20/09/2005 27/10/2005 PER

Loxleigh Guthrie Place Rhu Helensburgh Dunbartonshire

Erection of extension to dwelling and erection of boundary fence

05/01815/DET Dr Diane Millar 02/09/2005 18/10/2005 PER

Plot 5 At Ichrachan Taynuilt Argyll

Installation of Septic Tank and Reed Bed

05/01811/DET Mr And Mrs R MacGregor 13/09/2005 18/10/2005 PER

25 Creag Bhan Village Glengallan Road Oban Argyll PA34 4BF

Single Storey Extension to Dwellinghouse

05/01798/DET Mr Alan Edward Jordan 30/09/2005 26/10/2005 PER

Dererach Pennyghael Isle Of Mull PA70 6HQ

Erection of Replacement Dwellinghouse

05/01749/DET Mrs S MacLachlan 24/08/2005 12/10/2005 PER

Upper Soroba Farm Soroba Oban Argyll PA34 4SD

Erection of Horse Riding Area and Stables

05/01735/DET Mr And Mrs G Shearer 23/08/2005 18/10/2005 PER

Beech And Airds Bay Cottage Airds Bay Taynuilt Argyll PA35 1JR Demolition of Cottages, Erection of Dwelling House and Installation of Septic Tank

05/01700/DET W MacGregor 22/08/2005 19/10/2005 PER

MacGregors Roadhouse Craignure Isle Of Mull PA65 6AY

Formation of disabled access ramp, decked seating area and sun canopy

15 November 2005 Page 7 of 9 Page 66 Argyll and Bute Council Development 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

05/01627/OUT John Fisher 09/08/2005 07/10/2005 REF

PLot 2 Land North East Of Torr Na Craiobhe Ardtun Bunessan Isle Of Mull Erection of Dwellinghouse

05/01623/OUT Jennifer Mary Pery 09/08/2005 27/10/2005 REF

Land South Of Ardtur Cottage Appin Argyll

Erection of Dwellinghouse

05/01622/DET Mr And Mrs A B McLarney 09/08/2005 12/10/2005 PER

Land North East Of Tirlaggan Farm Lismore Oban Argyll

Erection of Dwellinghouse

05/01359/OUT Mr Mrs Donald Skinner 11/07/2005 01/11/2005 WDN

Sites At Ard Craobh Connel Oban Argyll

Sites for the erection of 3 dwelling houses, new private access road and drainage for same

05/01292/OUT K And F Builders (Coll) Ltd 04/07/2005 14/10/2005 REF

Land North West Of Arinagour Pier Isle Of Coll

Erection of 4 Dwellinghouses

05/01291/OUT Brian MacIntyre And Frances MacIntyre 14/07/2005 20/10/2005 PER

Land West Of Arileod Farm Isle Of Coll

Site for Erection of Dwellinghouse

05/01208/OUT Mrs Fiona Brunton 21/06/2005 02/11/2005 PER

Land East Of Beathaich Calgary Tobermory Isle Of Mull

Site for Erection of Dwellinghouse

05/01155/COU Dr Jennifer Dugley, OBE 05/09/2005 31/10/2005 PER

Mansefield Breadalbane Street Tobermory Isle Of Mull PA75 6PE Change of Use of Outbuildings to form Holiday Accommodation

15 November 2005 Page 8 of 9 Page 67 Argyll and Bute Council Development 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

05/00874/LIB Ms J Knuckles 06/05/2005 18/10/2005 PER

Braigh Croft And Byre Achaidhean Bunessan Isle Of Mull

Renovation and Erection of Extension to form a Dwellinghouse

03/01974/OUT Mr & Mrs Hannah 29/10/2003 25/05/2004 PER

Tradewinds Lochawe Dalmally Argyll

Site for Erection of Dwelling House

15 November 2005 Page 9 of 9 Page 68

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DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 21st November 2003 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

8th November 2004

Reference Number: 03/02116/DET Applicants Name: J. Adams Application Type: Detailed Application Application Description: Erection of a house. Location: Melfort Home Farm, MELFORT.

Supplementary Report 3

The Area Committee made a site visit on 17th November 2004.

It was resolved to continue the application:

i) to ascertain if a more suitable site can be found; and ii) for investigation by the Animal Welfare Officer in terms of a claim for operational need.

Following the site visit details of the holding were sought and the Animal Welfare Officer was consulted in March 2005. A site meeting was held on 4th March, at which alternative sites were identified. A report from the Animal Welfare Officer was received in May 2005 which suggested that operational need was substantiated.

Following the visit and report, I invited the submission of a revised application in June. However the applicant has subsequently asked for the application to be determined on the basis of the original site and operational need.

As noted above, I visited the site with the applicant and was able to identify a less prominent and therefore more satisfactory site for a house. The more acceptable site is reasonably close to the application site but at the bottom of the slope and visually related to mature trees whereas the application site is exposed and unacceptably prominent.

This would clearly go against the decision of the Committee in that a more satisfactory site is available, and I recommend refusal of the application for the attached reasons.

Angus J Gilmour Head of Planning.

Contact: Ian McIntyre. Page 70

REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/2116/DET.

1. The adopted Lorn Local Plan identifies a number of settlements which, because of their sensitive character, can only accept new small-scale development in the form of infill, rounding-off or redevelopment. The proposal represents an isolated development in the countryside and is not infill, rounding-off or redevelopment. It is therefore contrary to Policy HO 21 of the adopted Lorn Local Plan

2. Planning Advice Note 72 The Siting and Design of New Housing in the Countryside clearly states that isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs. In this case there is an operational need but that need can be satisfied in a less prominent position which would not harm the acknowledged interest of the landscape.

3. The site is located in a prominent and sensitive location in the setting of Melfort village. The settlement pattern is that of a compact estate settlement surrounded by parkland which is typified by pasture slopes and mature, mainly, deciduous trees. The prominence of the site is emphasised by its position on an escarpment. There is a node of development at Melfort Home Farm which continues the pattern of estate development, but it is considered that the siting of a dwelling in this isolated and elevated position would be contrary to the settlement pattern and harmful to regionally important scenic landscape contrary to policy RUR 1 of the adopted Lorn Local plan. In addition, the proposal has not been sufficiently justified in terms of the criteria set out in Policy RUR 2 of the Lorn Local Plan with particular regard to environmental impact and locational/operational need. Without such justification an approval would set an undesirable precedent for further development in the setting of Melfort village which in itself and incrementally would have an adverse environmental impact within this Regional Scenic Area.

Page 71

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 21st November 2003 OBAN, LORN AND THE ISLES Committee Date - 3rd November 2004

27th October 2004

Reference Number: 03/02116/DET Applicants Name: J. Adams Application Type: Detailed Application Application Description: Erection of a house. Location: Melfort Home Farm, MELFORT.

Supplementary Report 2

Subsequent to my previous reports the Applicant’s Architect has submitted the following:

1 The development is small scale and is “rounding off” and falls to be approved under Policy HO 21 of the adopted plan and Policies AOS1, Strat DC2 and H1 of the Consultative Draft Plan. 2 The development is not “isolated” in the terms of Planning Policy Note 36. 3 The applicant is the farmer and needs a house. 4 The site is screened and against a backdrop of bracken.

These issues are addressed in the report and I would add the following comments:

- The development is isolated in respect of local development and stands on an open hillside. The definition of “rounding off” given in the Consultative Draft Plan is, “new development positioned largely between substantial building(s) on one side and a substantial ground or natural feature on the other side and arranged such that the local pattern of development terminates at this point.” - The applicant was asked to provide a detailed case in respect of agricultural locational need but there has not been a fully substantiated claim to assess. Even if need were established, it is my opinion that there are less visually prominent sites associated with the original farmstead. - The site is, as noted in the reports, prominent and unlikely to yield a development which would integrate into the landscape.

Recommendation:

I remain of the view that the application should be refused for the reasons set out in the previous reports.

Angus J Gilmour Head of Planning.

Contact: Neil McKay. Page 72

This page is intentionally left blank Page 73

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 21st November 2003 OBAN, LORN AND THE ISLES Committee Date - 6th October 2004

21st September 2004

Reference Number: 03/02116/DET Applicants Name: J. Adams Application Type: Detailed Application Application Description: Erection of a house. Location: Melfort Home Farm, MELFORT.

Supplementary Report 1

1. The report to the September Committee was continued for the following reasons:

i) To confirm the location of the site. ii) To illustrate the application in relation to other current applications. (The application 04/00625 is reported to the October Committee.) iii) To amplify the advice in respect of the consultative draft Argyll and Bute Local Plan.

2. Following a meeting on site, I can confirm that the site illustrated at the September Committee meeting was correctly indicated and, as requested, I will show the Committee a plan of the area with the boundaries of the Potential Development Area and the other application for consideration.

3. The current position with the PDA is set out in the report for the nearby site as follows:

……. the site is located in PDA 5/142 of the Argyll and Bute Local Plan Consultative Draft. Two letters of representation have been received relating to this PDA. The first is from Kilmelford and Kilninver Community Council and can be summarized as follows: -

There are no services such as water and sewerage to serve PDA 5/141 and PDA 5/142 and the Area of Search at Melfort. The public road serving these sites is also unsuitable for additional traffic that would be generated should these sites be developed. These issues require to be addressed or the sites removed from the Plan.

The second letter was received after the consultation period for the Consultative Draft Plan had finished and is from Diane Scaife, Fearnach House, Kilmelford. This letter can be summarised as follows: -

Objection - Valuable agricultural land. Degnish Road cannot cope with any increased traffic.

This team has carried out site analysis work subsequent to these objections being received and significant modifications to the Local Plan are envisaged at Melfort. Given that representations have been received relating to PDA 5/142 it is considered premature at this moment to view the emerging Local Plan as a significant material consideration supporting this particular development proposal. Instead I would suggest that the conformity of this proposal to policy HO 21 of the Lorn Local Plan should be the determining policy consideration.”

4. In addition to the above, the site is prominently located in a Regional Scenic Area. Policy RUR 1 (see Appendix) of the Adopted Lorn Local Plan seeks to protect such areas. The proposal will have an effect on the area and must therefore be evaluated against the criteria in Policy RUR 2 as follows:

Environmental Impact. The site is located in a prominent and sensitive location which is visible in the setting of Melfort village and in the wider landscape, for example from the Degnish Road. The settlement pattern is that of a compact estate settlement surrounded by parkland which is typified by pasture slopes and mature, mainly, deciduous trees. The prominence of the site is emphasised by its position on an escarpment above the open grassland valley. There is a node of development at Melfort Home Farm which continues the pattern of estate development, but it is considered that the siting of a dwelling in this isolated position, at a high level in relation to development around Melfort Page 74

village would be contrary to the settlement pattern and harmful to a regionally important scenic landscape.

Locational/Operational Need. The applicant claims operational need but no detailed case has been submitted. If there is a need for a farmhouse it is, in a sense, an artificial need because the original farmhouse was sold away from the land, and the farm was taken-on on that basis. There may be a suitable and less intrusive location or conversion possibility to meet an operational need, but the site in question is, as noted above, one which would harm a landscape of recognized importance.

Economic Benefit. The proposal appears to confer no economic benefits on the area.

Infrastructure and Servicing. These are not determining issues in this case.

5. In view of the above, I remain of the view that this application should be refused and that an additional reason for refusal (number 5) be added as appended.

Angus J Gilmour Head of Planning.

Contact: Neil McKay. Page 75

REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/2116/DET.

1. The adopted Lorn Local Plan identifies a number of settlements which, because of their sensitive character, can only accept new small-scale development in the form of infill, rounding-off or redevelopment. The proposal represents an isolated development in the countryside and is not infill, rounding-off or redevelopment. It is therefore contrary to Policy HO 21 of the adopted Lorn Local Plan. In addition the development is isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs.

2. Planning Advice Note 36: The Siting and Design of New Housing in the Countryside clearly states that isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs. In this case there are no substantiated special needs and the adopted and consultative draft local plans do not provide for the site to be developed.

3. Policy H1 of the Argyll and Bute Local Plan Consultative Draft states “other than in exceptional circumstances, housing development shall be resisted ….. within Countryside Around Settlement ….. unless an exceptional case is successfully demonstrated.” Policy Note to H1 – (3 e) states “where housing is proposed on open sites (not infill, rounding off or redevelopment sites) within the Countryside Around Settlement, this will not be supported unless; there is a locational need for the development to take place on the proposed site …. and ; the development is small scale, and the development can take place without prejudice to the settlement plan for the area.” While the development is small scale this site is not considered to be infill, rounding off or redevelopment and as no substantiated locational need has been demonstrated this proposal does not therefore conform to policy H1.” 4. Policies AOS 1 and STRAT DC 2 of the Argyll and Bute Local Plan Consultative Draft provide that in Areas of Search and Countryside Around Settlements development, such as the application, which is not infill, rounding off or redevelopment must be justified by a locational need or exceptional circumstances. No exceptional need or circumstances have been advanced and the proposal is therefore contrary to these policies.

5. The site is located in a prominent and sensitive location in the setting of Melfort village. The settlement pattern is that of a compact estate settlement surrounded by parkland which is typified by pasture slopes and mature, mainly, deciduous trees. The prominence of the site is emphasised by its position on an escarpment. There is a node of development at Melfort Home Farm which continues the pattern of estate development, but it is considered that the siting of a dwelling in this isolated and elevated position would be contrary to the settlement pattern and harmful to regionally important scenic landscape contrary to policy RUR 1 of the adopted Lorn Local plan. In addition, the proposal has not been sufficiently justified in terms of the criteria set out in Policy RUR 2 of the Lorn Local Plan with particular regard to environmental impact and locational/operational need. Without such justification an approval would set an undesirable precedent for further development in the setting of Melfort village which in itself and incrementally would have an adverse environmental impact within this Regional Scenic Area.

Page 76

Appendix to 03/02116/DET

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:

(a) National Scenic Area : (I)Lynn of Lorn; (ii) Ben Nevis and Glencoe (b) Regional Scenic Areas : (I) Knapdale/Melfort; (ii) North Argyll (c) Regional Scenic Coasts : North West Argyll (d) Areas of local landscape significance : (I) Loch Etive/Benderloch Coast; (ii) Loch Awe; (iii) Loch Nell; (iv) Glen Lonan; (v) Loch Avich; (vi) Glen Gallain/Loch Scammadale.

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

Page 77

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 21st November 2003 OBAN, LORN AND THE ISLES Committee Date - 8th September 2004

18th August 2004

Reference Number: 03/02116/DET Applicants Name: J. Adams Application Type: Detailed Application Application Description: Erection of a house. Location: Melfort Home Farm, MELFORT.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a house. • New vehicular access. • Construction of a septic tank.

(B ) RECOMMENDATION

The application is recommended for REFUSAL.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Housing Policy, Lorn Local Plan.

Policy HO 4 states that, “The District Council will not generally grant additional planning consents for the development of greenfield sites for private housing in Lorn.” The site is a greenfield site and therefore contrary to Policy HO4.

Policy HO 21 identifies settlements where infill, rounding off and redevelopment are to be encouraged. Kilmelford is included in this group of settlements but the proposal does not constitute infill, rounding off or redevelopment. It is therefore contrary to Policy HO21.

Planning Advice Note 36: The Siting and Design of New Housing in the Countryside states that “isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs can be met.” In this case, the site is in an area of high visual quality which forms the setting of Melfort village. A node of development has been created around the farmstead of Melfort Home Farm and it is considered that the siting of a further dwelling within the valley would detract from the openness and visual quality of the countryside.

Housing Policy, Draft Argyll and Bute Local Plan.

The Development Policy Officer has advised that he objects to this proposal as follows: “With reference to the above application I can advise that this site is located within the Countryside Around Settlement and an Area of Search within the Argyll and Bute Local Plan Consultative Draft.

I can advise that in response to representations received that it is likely that all Areas of Search will be removed from the Plan. In any case Areas of Search would not support development proposals during the lifetime of the Argyll and Bute Plan but where intended to show an indication as to where future development might go when the Plan was reviewed once proposed allocations and PDA’s had been exhausted.

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Page 78

Policy H1 of the Argyll and Bute Local Plan Consultative Draft states, “other than in exceptional circumstances, housing development shall be resisted ….. within Countryside Around Settlement ….. unless an exceptional case is successfully demonstrated.” Policy Note to H1 – (3 e) states “where housing is proposed on open sites (not infill, rounding off or redevelopment sites) within the Countryside Around Settlement, this will not be supported unless; there is a locational need for the development to take place on the proposed site …. and ; the development is small scale, and the development can take place without prejudice to the settlement plan for the area.”

Policy AOS 1 brings Policy STRAT DC 2 – Development within the countryside around settlements to bear in areas of search. This policy is similar to Policy H1 above in that it encourages infill, rounding off or redevelopment and discourages development in the open countryside unless there is a locational need or other exceptional circumstances. The proposal is contrary to these policies in the same way that it is contrary to Policy H1.

While the development is small scale this site is not considered to be infill, rounding off or redevelopment. As I am unaware of any locational need being demonstrated this proposal does not therefore conform to policy H1.”

(D ) CONCLUSION

The application is clearly contrary to the policies of the adopted and consultative draft plan and no case has been put forward on grounds of locational need. I therefore recommend refusal of the application.

Angus J Gilmour Head of Planning

Author: John MacIver 01631 567951

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Page 79

REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/2116/DET.

1. The adopted Lorn Local Plan identifies a number of settlements which, because of their sensitive character, can only accept new small-scale development in the form of infill, rounding-off or redevelopment. The proposal represents an isolated development in the countryside and is not infill, rounding-off or redevelopment. It is therefore contrary to Policy HO 21 of the adopted Lorn Local Plan. In addition the development is isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs.

2. Planning Advice Note 36: The Siting and Design of New Housing in the Countryside clearly states that isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs. In this case there are no substantiated special needs and the adopted and consultative draft local plans do not provide for the site to be developed.

3. Policy H1 of the Argyll and Bute Local Plan Consultative Draft states “other than in exceptional circumstances, housing development shall be resisted ….. within Countryside Around Settlement ….. unless an exceptional case is successfully demonstrated.” Policy Note to H1 – (3 e) states “where housing is proposed on open sites (not infill, rounding off or redevelopment sites) within the Countryside Around Settlement, this will not be supported unless; there is a locational need for the development to take place on the proposed site …. and ; the development is small scale, and the development can take place without prejudice to the settlement plan for the area.” While the development is small scale this site is not considered to be infill, rounding off or redevelopment and as no substantiated locational need has been demonstrated this proposal does not therefore conform to policy H1.” 4. Policies AOS 1 and STRAT DC 2 of the Argyll and Bute Local Plan Consultative Draft provide that in Areas of Search and Countryside Around Settlements development, such as the application, which is not infill, rounding off or redevelopment must be justified by a locational need or exceptional circumstances. No exceptional need or circumstances have been advanced and the proposal is therefore contrary to these policies.

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APPENDIX RELATIVE TO 03/02116/DET

A. POLICY OVERVIEW

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

Lorn Local Plan

HO 4 The District Council will not generally grant additional planning consents for the development of greenfield sites for private housing in Lorn.

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

Oban, (Lismore), Balliemore (Kerrera), Bonawe, Bridge of Orchy, Clachan (Lismore), Connel, Cullipool, Dalavich, Dunbeg, Eredine, Lochawe, Kilmelford, Kilninver, North Cuan, Port Ramsay (Lismore), South Cuan and Toberonochy.

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.

Consultative Draft Argyll and Bute Local Plan.

H1 Countryside around settlements e where housing is proposed on open sites (not infill, rounding-off or redevelopment sites) within the countryside around settlements, this will not be supported unless in very special circumstances: i) there is a locational need for the development to take place on the proposed site within the countryside around settlements zone and ii) the development is small in scale and iii) the development can take place without prejudice to the settlement plan for the area.

STRAT DC 2 A) Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area; this includes Appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C)*. In special cases, a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

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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 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

None relevant.

(ii) Consultations

Response Date Comment Area Roads Engineer 24/11/2003 No objections Scottish Environmental Protection Agency 18/12/2003 No objection subject to conditions. Planning Policy Officer. 13/08/2004 Objects for the reasons set out in the report above. Public Protection Unit 27/11/2003 No objection subject to conditions concerning the submission of a report on water supply and on external lighting.

(iii) Publicity and Representations

Advert Type: None Closing Date: None

Representations: None

iv) Applicant’s Supporting Statement.

In a letter dated 29th July 2004: The site lies close to the existing development at the Melfort Club, where there are a number of existing properties. To the immediate north of the site at a greater elevation are two additional properties. The site will not be fatally intrusive, as it cannot be seen from the public road. The site is on ground which is unsuitable for agriculture. The site lies in an established area of settlement and we cannot see why the location should be any cause for the application to be rejected.

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DEVELOPMENT SERVICES Local Member - Cllr A. MacDougall PLANNING APPLICATION REPORT Date of Validity - 24th February 2005 OBAN, LORN AND THE ISLES Committee Date - 2nd November 2005

7th December 2005

Reference Number: 05/00110/OUT Applicants Name: Brian Lovell Noakes Application Type: Outline Application Description: Erection of 2 Dwellinghouses Location: Land North of Tansor, Dervaig, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of two dwellinghouses • Installation of single septic tank to serve both dwellings • Change of use of land from agricultural to residential (including utilising existing access)

(B ) RECOMMENDATION

That outline planning permission is refused

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The application site lies outwith, but in land adjacent to the settlement area of Dervaig. The site is to the north Cuin Road and is set back approximately 30 metres from the thoroughfare. At present the site is undeveloped and is used for agricultural purposes. Development has already occurred to the front of the site, where two residential dwellings have previously been granted planning permission. Although only two dwellings, the extent of the curtilage that has been created has given rise to a degree of ‘ribbon’ development. The site lies behind these sites and therefore the introduction of residential dwellings on the site would be considered as a form of ‘backland’ development. Travelling west along Cuin Road, the character of built form changes from a reasonably dense pattern to a sparse arrangement and the rural nature of the area dominates within the visual context.

The application seeks the principle of residential development on the site for the erection of two dwellinghouses. Consequently the main planning issues to be considered relate to the principle of residential development on the site, the impact on the visual character and amenities of the area and any other material planning considerations relevant to the development.

Development Plan Policy Context

The objective of policy HO(7) of the 1985 Adopted Mull, Coll & Tiree Local Plan is to protect the settlement patterns of Dervaig and Lochdon. Consequently, it is stipulated that new residential development will be restricted to sites within the existing settlement. There is a general presumption against encouraging new development in the countryside around the settlements. The Adopted Local Plan is considerably out of date and does not provide adequate provision of land to meet current, or indeed future, housing needs within Dervaig. Nevertheless, the 2005 Argyll & Bute Finalised Draft Local Plan identifies additional potential housing land in order to accommodate future need. However, the site is identified as being within ‘Countryside around Settlements’ (CAS). Policy STRAT DC 2 of the 2002 Approved Argyll and Bute Structure Plan stipulates that within such areas, development which does not constitute:

- Appropriate small scale infill, rounding-off, redevelopment, change of use of building development;

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- Single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with other Development Plan polices; and/or;

- Locational need or other exceptional circumstances;

Should not be permitted so as not to erode the setting of settlements and prevent undesirable forms of ribbon development, settlement coalescence or result in undesirable break up of croft land assets. While this policy does not preclude new development from a CAS area, the criteria for when a new dwelling would be considered acceptable are clearly defined. As the site is a greenfield site and is not an infill plot between two previously developed plots, it cannot therefore be considered as ‘infill’, ‘rounding-off’ or redevelopment. Dervaig is largely contained within a defined area and the backland nature of development would not be reflective of the historic settlement pattern.

At present the site area forms part of a registered croft. However, the applicant is not a registered crofter and, in any event, the application does not claim any locational and/or operational need. Indeed, it is understood the land is to be de-crofted. This is the second application for residential development within the immediate site area and on the same croft area (previous permissions 00/01497/OUT and 02/00537/DET). Consequently, to grant planning permission on this site for two dwellings, would lead to the further, and undesirable, break-up of the croft area, which is contrary to the objectives of Structure Plan policy STRAT DC 2.

Given that the proposal cannot be considered as ‘rounding-off’, ‘infill’ or redevelopment and would not, therefore, integrate with the settlement pattern and, given that there has been no locational/operational need given to justify the proposal in the location, it is considered that to permit the development would be detrimental to the character and settlement pattern of the area and consequently contrary to both Development Plan and SPP1: The Planning System objectives that seek to protect and enhance the quality of the built and urban environments. This is further emphasised within SPP 15: Planning for Rural Development which emphatically states that, “The aim is not to see small settlements increase in size to the extent that they lose their identity”.

Furthermore, the development, if permitted, would set a precedent for future dwellings in the countryside around Dervaig, which would lead to the further erosion of the settlement character.

Other Material Considerations

The applicant has claimed that the dwellings proposed would be ‘eco-friendly’ that they would ‘surpass by a considerable margin current building regulations’. Despite this fact and despite the fact that the site is largely hidden from public view, the very principle of the development proposed is one that is contrary to the objectives of both Adopted and Emerging Development Plan policies, as detailed above.

The applicant has claimed that the second dwelling is required to provide a home for their elderly parents. However, this is an unsubstantiated statement, which on its own does not justify permitting an application against the objectives of Development Plan policies. No evidence has been submitted justifying why the proposed arrangement (i.e. two separate dwellings) is the only option to accommodate the elderly parents in question.

The Countryside around Settlement has been the subject of representations within the Dervaig area. This has been clarified and the representations do not specifically relate to the application site. In addition, there has been no objection to the principle of a Countryside around Settlement allocation. Consequently, the Finalised Draft Local Plan is considered to be of material weight in making a recommendation on this application.

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(D ) CONCLUSION

The proposal is not considered to be in accordance with the objectives of the Development Plan, which seek to protect the settlement pattern of Dervaig. It is, therefore, recommended that outline planning permission is refused as specifically detailed within the reasons stated below

Angus J Gilmour Head of Planning

Author: Alastair Close 01631 567961 Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00110/OUT

1. It is the Policy of Argyll and Bute Council, as contained within the 1985 Adopted Mull, Coll and Tiree Local Plan (policies STRAT 4, START 4A HO(7) and RUR(2)), the Adopted 2002 Argyll and Bute Structure Plan (policy STRAT DC 2, STRAT SI 1 and STRAT DC 8) and the Argyll and Bute Finalised Draft Local Plan (policies LP ENV 19 and LP HOU 1) and supplemented within Scottish Executive advice (SPP 1, SPP 3 and SPP 15) to protect the countryside around Dervaig from inappropriate forms of development in order to avoid the erosion of the setting of the settlement. In addition, Structure Plan policy STRAT DC 2 seeks to avoid the undesirable break-up of croft land assets.

In this instance outline planning permission is sought for the erection of two dwellings on a site that has not been allocated within either the Adopted or Emerging Development Plans as being appropriate for new development. The very principle of the development proposed on this site is one that is, therefore, contrary to the objectives of both the Adopted and Emerging Development Plan. To permit such a proposal would lead to an erosion of the settlement pattern of Dervaig, resulting in an inappropriate form of development within countryside around the settlement that would fail to integrate with the setting and surroundings of the site. The development, if permitted, would set a precedent for future dwellings in the countryside around Dervaig, which would lead to the further erosion of the settlement character.

In addition, the application is the second on the same croft land (following previous permissions 00/01497/OUT and 02/00537/DET) and therefore to permit this development would result in the further break-up of croft land, which again is contrary to the objectives of Structure Plan policy STRAT DC 2.

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APPENDIX RELATIVE TO 05/00110/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlement

A) Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C). In special cases, a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan. STRAT DC 8 Landscape and Development Control

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non-sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with:

1. National Scenic Areas 2. Historic landscapes with close links with archaeology and built heritage and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.

B) Enhancement to landscape will also be encouraged in association with development and land use proposals.

STRAT DC 9 Historic Environment and Development Control

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument, or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation are or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

STRAT SI 1 Sustainable Development Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: a) maximise the opportunity for local community benefit; b) make efficient use of vacant and/or derelict brownfield land; c) support existing communities and maximise the use of existing service infrastructure; d) maximise the opportunities for sustainable forms of design, including energy

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efficiency; e) avoid the use of prime quality or locally important good quality agricultural land; f) use public transport routes fully and increase walking and cycling networks; g) avoid the loss of recreational amenity and open space; h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources; i) respect the landscape character of an area and the setting and character of settlements;

avoid places where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and avoid having an adverse effect on land, air and water quality

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, Dervaig, 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 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 7 The settlement patterns of Dervaig and Lochdon require that infill development in these settlements be restricted to sites identified by the Council.

Government Advice/Guidance

SPP 1 The Planning System Provides an overview of the land use planning system in Scotland under current arrangements. It sets out key principles and the Executive’s priorities for the system to guide policy formulation and decision making towards the goal of sustainable

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development. It: • outlines the purpose of the planning system; • indicates how planning can contribute to the Executive’s wider objectives; • sets out the main tasks for development planning and development control; • identifies the Executive’s expectations for an efficient and effective planning service; and specifies the performance targets that the Executive and planning authorities should aim to meet in carrying out their statutory responsibilities SPP 3 Planning for Housing Provides guidance on how the planning system can: • Create quality residential environments; • Guide development to the right places; and Deliver an adequate supply of housing land. SPP 15 Planning for Rural Development. Provides guidance on how the planning system can achieve selective and modest growth with rural areas to facilitate a prosperous rural economy.

(B) OTHER MATERIAL CONSIDERATIONS

(e) Site History

None relevant.

(ii) Consultations

Response Date Comment Area Roads Engineer 03/05/05 Section 75 required to clear and protect visibility splay at access onto UC9 with owner of Ardbeg. Scottish Environmental Protection Agency 22/04/05 Discharge of sewage will need to be consented in accordance with Control of Pollution Act 1974. Shared septic tank should be used for the two dwellings. Scottish Water 21/03/05 Objects to this application on the grounds that the impact of the development will prejudice the ability to supply potable water. Objection can be deemed to be withdrawn if applicant can demonstrate that this concern can be alleviated.

(iii) Publicity and Representations

Advert Type: Article 9 Closing Date: 24th March 2005

Representations : Yes

Name Address Letter date Brian Abnett Ardbeg House, Dervaig, isle of 04/02/05 Mull, PA75 6QJ

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Summary of points raised: (planning response given in italics)

• Concerns that area has not been de-crofted, despite being registered croft. It is understood that the site is currently in the process of being de-crofted and therefore this in itself would not be a reason to refuse the application. • Upgrading of the track serving the site would cause disruption and damage to the boundary with Ardbeg. As the application is in outline form, the precise details of the access are not to be considered. Therefore, this concern is not relevant at the outline stage. Nevertheless, infrastructure improvements are often a necessary (and short term) consequence of the development process, that in themselves are not reason to refuse an application. In any event, sufficient controls could be imposed where necessary at the reserved matters stage. • Drainage from site could flow onto Ardbeg. Again, such a matter could be suitably controlled at the reserved matters stage. • Access to Cuin Road has insufficient visibility. Roads have advised on the imposition of a Section 75 which would address this problem. • 3 vehicles visiting the site would cause undue disturbance to the amenities of residents of Ardbeg. At present there is an access, which could be used by agricultural vehicles. Therefore, it is difficult to demonstrate the material loss of amenity that would be incurred through three domestic vehicles. • Removal of branches of trees within conservation area, which are the subject of controls. The fact that the trees are in a conservation area does not mean that they cannot be removed. This would be for the careful consideration of the planning authority, if and when the need arose. • Properties would have direct view over conservatory at Ardbeg where breakfast is served to B&B customers. Again, as the application is in outline form, it is impossible to say where windows and opening may be that would overlook Ardbeg. This could be controlled at the reserved matters stage.

Nevertheless, for the planning reasons as stated above, it is recommended that the application is refused.

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DEVELOPMENT SERVICES Local Member - Cllr A MacDougall PLANNING APPLICATION REPORT Date of Validity - 22nd June 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

3rd November 2005

Reference Number: 05/00713/DET Applicants Name: Anne R McCormick Application Type: Detailed application Application Description: Repair and improvement of domestic premises Location: Mo Dhachaidh Isle of Iona

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Replacement of timber windows on front and rear elevations with UPVC windows • Replacement of existing roof tiling with high quality slate substitute (Redland Cambrian).

(B ) RECOMMENDATION

The application is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to make a number of repairs and improvements to Mo Dhachaidh on Iona, a dwellinghouse on the main row of dwellings within the Iona Conservation Area.

The following alterations are proposed:

1. The replacement of the existing timber windows on the front elevation of the building with UPVC windows. The proposed replacement windows are to match the existing but will lack the lower vertical glazing bars of the existing windows. 2. A similar replacement of existing timber windows with UPVC windows on the rear elevation of the building. The proposed replacement windows at ground floor level will lack the existing horizontal glazing bars, and the first floor dormer windows will lack the existing lower vertical glazing bar. 3. Replacement of the existing roof tiling with a high quality slate substitute. 4. Replacement of defective roughcast with new roughcast of matching colour. This like-for-like repair does not require planning permission.

Argyll and Bute Structure Plan

Policy STRAT DC 9 of the adopted Structure Plan promotes the protection, conservation, enhancement and positive management of the historic environment of Argyll and Bute. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a conservation area. More detailed policy and proposals for the historic environment are set out in the Local Plan.

Adopted Local Plan

Policy BE 6A of the adopted Local Plan states that the Council’s prime objectives within the Iona Conservation Area include the prevention of any deterioration in the appearance or fabric of the designated area through unsympathetic new development or alterations to buildings.

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Proposed replacement windows on front and rear elevations

It is proposed to replace the existing timber windows on the front elevation of the building with UPVC windows. The proposed replacement windows are to match the existing but will lack the lower vertical glazing bars of the existing windows. A similar replacement of existing timber windows with UPVC windows on the rear elevation of the building. The proposed replacement windows at ground floor level will lack the existing horizontal glazing bars, and the first floor dormer windows will lack the existing lower vertical glazing bar.

Historic Scotland’s Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 advises that the appearance and character of any building depend to a great extent upon the design and detailing of its walls and windows and that any alteration to the form of either is bound to have a considerable impact on the appearance on the building as a whole. It advises that, where alteration work is not appropriate, much of the quality and character of the building may be lost.

The Argyll and Bute Iona Conservation Area Design Guide states that within the Conservation Area front window replacements must match the original in all aspects of their design, finish and in their main method of opening. The proportion and patterns of astragals must match the original window exactly. It also states that on rear windows the design of replacements must match the original, but the method of opening may be varied and the finish may be a ‘modern’ substitute.

It is considered that the loss of the vertical glazing bars on the front elevation and on the rear dormers, the loss of the horizontal glazing bars on the rear ground floor windows, and the replacement of timber with modern UPVC material, would all be unsympathetic to the character and appearance of the dwellinghouse and of the Iona Conservation Area, and would represent a considerably less traditional style of window than presently exists.

The proposed replacement windows on the front elevation of the building are therefore considered to be contrary to Policy BE 6A of the adopted Local Plan and Policy STRAT DC9 of the adopted Structure Plan.

Proposed replacement of roof material

It is proposed to replace the existing ‘eternit’ roof tiling with a high quality slate substitute. It is considered that this is an acceptable proposal in accordance with the objectives of Policy BE 6A of the adopted Local Plan, and Policy STRAT DC9 of the adopted Structure Plan.

Proposed replacement of roughcast on external walls

It is proposed to replace defective roughcast with new roughcast of matching colour. This like-for-like repair does not require planning permission.

(D ) CONCLUSION

It is recommended that planning permission be refused on the grounds that the proposed replacement windows on the front and rear elevations of the building are considered to be contrary to Policy BE 6A of the adopted Local Plan and Policy STRAT DC9 of the adopted Structure Plan.

Angus J Gilmour Head of Planning

Author: Phil McLean 01631 567956 Contact: Ian McIntyre 01631 567951

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REASONS RELATIVE TO APPLICATION 05/00713/DET

1. It is considered that the loss of the vertical glazing bars on the windows on the front elevation and the use of modern UPVC material to replace the existing timber, would all be unsympathetic to the character and appearance of the building and of the Iona Conservation Area. The proposals are thus considered contrary to Policy BE 6A of the adopted Local Plan and Policy STRAT DC9 of the adopted Structure Plan, which seek to prevent any deterioration in the appearance or fabric of the Iona Conservation Area through unsympathetic alterations to buildings.

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APPENDIX RELATIVE TO 05/00713/DET

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 9 Historic Environment and Development Control

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument, or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

Mull, Coll and Tiree Local Plan

BE 6A Within the existing Conservation Areas at Iona, … the District Council’s prime objectives will be: a) to prevent any deterioration in the appearance or fabric of the designated areas through unsympathetic new development, … extensions or alterations to buildings and structures, many of which do not normally require planning permission. …

Argyll and Bute Iona Conservation Area Design Guide

Para 6.3 Within the Conservation Area front window replacements must match the original in all aspects of their design, finish and in their main method of opening (sliding sash and case). This means that the proportion of top-to-bottom sashes and the patterns of glazing bars (astragals), must match the original window exactly. Timber should always be used although ‘modern’ type window frames (eg. UPVC Aluminium) may be accepted on particular elevations which have already been seriously devalued by ‘modern’ type window frames. Rear or unobtrusively sites windows must match the original in design, but may open in ways other than sliding sash and case and be finished in timber or ‘modern’ substitutes.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

There is no relevant history on this site. However, while the present application requires to be considered on its own merits, a recent appeal decision for a nearby property has some relevance.

Planning permission was sought (ref. 03/01973/DET) for the replacement of two front windows on Bailemore (Ballymore) Cottage, also on the main street of Iona. The replacement windows were to be “like-for-like”, however modern UPVC was proposed. The application was refused (26th August 2004) after consideration by Members. The reason for refusal was that UPVC units tend to be built up from heavy unmoulded sections and are usually too thick and the wrong profile, and are not convincing substitutes for more traditional materials. It was therefore considered that the use of UPVC was inappropriate and would have an adverse impact on the appearance and character of

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that part of the Conservation Area and would thus be contrary to the provisions of Policies BE 6A of the adopted Local Plan.

The Council’s decision was the subject of an appeal to Scottish Ministers (SEIRU ref. P/PPA/130/128). The appeal was allowed and planning permission was thereby granted for the development. In the decision letter (8th June 2005), the Reporter noted that the windows in question were of a non-traditional type, being casement windows. He also acknowledged that technical advances in UPVC construction mean that more slender window sections are now possible. However, it was noted by the Reporter that Bailemor had been altered to such an extent that much of its quality and character had already been lost, and the introduction of UPVC would therefore not adversely affect the character and appearance of the area.

While this appeal decision has some relevance to the present application, it is considered that a significant factor in the case of Bailemor was the fact that the property was already heavily altered. However, the present application seeks to replace windows that are currently of very traditional appearance, and thus represents materially difference circumstances. It is not therefore considered that the appeal decision sets a precedent for the consideration of the current application, and the recommendation of refusal is appropriate in this instance.

(ii) Consultations

Response Date Comment National Trust for Scotland 5th July 2005 Comments (see below), recommend refusal

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land and Development in Conservation Area Closing Dates: 14th July 2005 and 21st July 2005

Representations : None.

Summary of points raised:

The National Trust for Scotland states that it would normally ask that timber windows are replaced like for like in a Conservation Area. However, it advises that it has recently installed composite (timber frame internal and UPVC outer shell) replacement windows in other properties on Iona that have the same profile as the original windows, unlike standard UPVC which tends to have significantly thicker top and bottom rails. They recommend that these composite windows should be considered in this instance. However, this planning application requires to be considered on its own merits.

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 31st May 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

4th November 2005

Reference Number: 05/01125/OUT Applicants Name: Mr D. Carmichael Application Type: Outline Application Application Description: Erection of a House Location: East of Taychreggan, Appin.

SUPPLEMENTARY REPORT 1

DETAILS

The application was continued at the September Committee meeting.

The Applicants have clarified the site boundaries and demonstrated that it is possible to site the proposed house closer to the existing farm buildings, at a significantly lower level than the road, thereby reducing the visual impact of the building.

It was however the recommendation of my earlier report that the application be refused as contrary to the existing and emerging local plan policies and moving the site and house location does not overcome my previous concerns and I must therefore recommend refusal for the attached reasons.

CONCLUSION

I recommend that permission be refused for the reasons contained in my report to the September Committee.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 05/01125/OUT.

1. Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration has identified Appin as a ‘sensitive settlement’ within which large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing. As a result the Council has restricted new housing development to areas identified on the inset maps. The proposed site is outwith the areas identified by the Local Plan and is not supported by a substantiated claim of operational need. The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration.

2. The application site forms part of an important undeveloped area of land on the open valley side of the public road between Appin and Port Appin. The existing pattern of development is dispersed in nature, comprising areas of roadside housing development interspersed with undeveloped pastoral agricultural land. The shoreward side of the public road has historically been substantially free from development and this open aspect towards Loch Laich and Stalker Castle is a key characteristic of the settlement pattern and the landscape character of the area. In addition, the undeveloped nature of the northern side of the valley lends Appin an attractive rural landscape setting, particularly when viewed from across the valley from the route of the A828. The proposed development would result in the erosion of the undeveloped nature of the southern side of the valley contrary to the established settlement pattern. It is considered that such urbanisation of the rural landscape would have a detrimental impact on the landscape quality of the National Scenic Area. As such the proposal is contrary to policy STRAT DC 8 of the Argyll and Bute Structure Plan and policy RUR 1 of the adopted Lorn Local Plan which seeks to maintain and enhance the landscape quality of areas of landscape significance.

3. The proposal has not been sufficiently justified in terms of the criteria set out in Policy RUR 2 of the Lorn Local Plan with particular regard to environmental impact and locational/operational need. Without such justification an approval would set an undesirable precedent for further prominent ribbon style development along the loch side which in itself and incrementally would have an adverse environmental impact within this National Scenic Area.

4. Planning Advice Note 72: The Siting and Design of New Housing in the Countryside clearly states that isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs. In this case there are no substantiated special needs and the adopted and consultative draft local plans do not provide for the site to be developed.

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 31st May 2005 OBAN, LORN AND THE ISLES Committee Date - 7th September 2005

8th August 2005

Reference Number: 05/01125/OUT Applicants Name: Mr D. Carmichael Application Type: Outline Application Application Description: Erection of a House Location: East of Taychreggan, Appin.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a house • New vehicular access. • Construction of a septic tank.

(B ) RECOMMENDATION

The application is recommended for REFUSAL.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Housing Policy, Lorn Local Plan. Policy HO 22. The site lies within the adopted Lorn Local Plan inset map for Portnacroish/Appin. Policy HO 22 of the Local Plan has identified Portnacroish/Appin as a ‘sensitive settlement’ within which large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing. As a result the Council has restricted new housing development to areas identified on the inset maps. The proposed site lies outwith the housing areas identified by the Local Plan. The proposal is accordingly contrary to Policy HO 22 of the adopted Lorn Local Plan. No operational or locational need is advanced by the applicant to override the policy. Planning Advice Note 72: The Siting and Design of New Housing in the Countryside states that “isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs that can be met.” In this case the development plan makes provision against development in this location and there are no special needs to be met (see below).

Other Adopted Policies. Policies RUR 1 and RUR 2. The site is situated within a National Scenic Area. Policy RUR 1 of the Local Plan requires the application to be assessed in terms of the criteria set out in Policy RUR 2. The Policy RUR 2 assessment has been undertaken in Sections (I) to (vi) below, and the proposal is found to be contrary to the provisions of Policy RUR 1 and RUR 2 of the Lorn Local Plan for reasons of significant adverse environmental impact.

(i) Environmental Impact

The site is in a prominent and sensitive location. It is alongside the Appin to Port Appin road in the open meadows of the shallow valley of the Allt an Loin Ruaidh. The proposed house will be visible and prominent from that road and also from many viewpoints across the valley along the route of the A828 (T).

The settlement pattern of the southern side of the valley and the southern shore of Loch Laich, which it becomes, is one of widely spaced nodes of development rather than scattered

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dwellings. There are no houses between Appin village and Taychreggan, and the proposal would clearly be intrusive in a landscape of national importance. That landscape is characterised by the open meadows, the river valley and open views of the Loch and , and the proposal would intrude into the openness of that landscape.

The key issue with this application is the principle of the spread of development along the Appin to Port Appin road. The introduction of a single house into the open meadows of the valley north of the road would conflict with the existing settlement pattern; and would spread the influence of built development into the open countryside.

Scottish Natural Heritage has advised as follows

“The proposed development is not thought to have a negative impact on the National Scenic Area (NSA) as it will not detract from the distinctive parallel ridges or the interaction of these ridges with the water. However there are other landscape issues which SNH feel are important and have potential to negatively impact on the local area.

The proposed development is located within a prominent view of Castle Stalker … SNH feels that it is important to maintain the views of Castle Stalker however we recognise there is a need for housing in the area. As such we would ask that if the proposed development were to go ahead it should be … sited (within the application site but kept close to the road).

SNH feel that ribbon development is an issue in this area and would be concerned about further development between Appin and Taychreggan.”

(ii) Locational/operational need

No agricultural locational or operational need is claimed by the applicants but they claim that their employment locally, in locally important businesses, presents a case for going against established planning policy. This Council does not normally consider locational need to be a determining issue unless the need is an agricultural one or one relating to the management of land in the location of an application. The fact that the applicants have to commute to work, in common with the majority of the population, is not a material issue and should not override established planning policies.

(iii) Economic Benefit

The single house does not imply a significant economic benefit.

(iv) Infrastructure and Servicing Implications

No adverse comments have been received from the consultees.

Finalised Draft Argyll and Bute Local Plan.

In the draft Argyll and Bute Local Plan the site is within sensitive countryside. In such areas the evolving plan sets out a general presumption against development, unless the development is small scale redevelopment, infilling or rounding off.

For this development to be in accordance with the emerging policy, the development would have to be considered to be rounding off of the Taychreggan group of buildings. However, the new plan is still in the process of being adopted and cannot be given weight over that of the presently adopted plan.

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(D ) CONCLUSION

The application is clearly contrary to the policies of the adopted Lorn Local Plan. I therefore recommend refusal of the application.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 05/01125/OUT.

1. Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration has identified Appin as a ‘sensitive settlement’ within which large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing. As a result the Council has restricted new housing development to areas identified on the inset maps. The proposed site is outwith the areas identified by the Local Plan and is not supported by a substantiated claim of operational need. The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration.

2. The application site forms part of an important undeveloped area of land on the open valley side of the public road between Appin and Port Appin. The existing pattern of development is dispersed in nature, comprising areas of roadside housing development interspersed with undeveloped pastoral agricultural land. The shoreward side of the public road has historically been substantially free from development and this open aspect towards Loch Laich and Stalker Castle is a key characteristic of the settlement pattern and the landscape character of the area. In addition, the undeveloped nature of the northern side of the valley lends Appin an attractive rural landscape setting, particularly when viewed from across the valley from the route of the A828. The proposed development would result in the erosion of the undeveloped nature of the southern side of the valley contrary to the established settlement pattern. It is considered that such urbanisation of the rural landscape would have a detrimental impact on the landscape quality of the National Scenic Area. As such the proposal is contrary to policy STRAT DC 8 of the Argyll and Bute Structure Plan and policy RUR 1 of the adopted Lorn Local Plan which seeks to maintain and enhance the landscape quality of areas of landscape significance.

3. The proposal has not been sufficiently justified in terms of the criteria set out in Policy RUR 2 of the Lorn Local Plan with particular regard to environmental impact and locational/operational need. Without such justification an approval would set an undesirable precedent for further prominent ribbon style development along the loch side which in itself and incrementally would have an adverse environmental impact within this National Scenic Area.

4. Planning Advice Note 72: The Siting and Design of New Housing in the Countryside clearly states that isolated development should be discouraged in the open countryside except where provision is made in development plans or there are special needs. In this case there are no substantiated special needs and the adopted and consultative draft local plans do not provide for the site to be developed.

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APPENDIX RELATIVE TO 05/01125/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.

Appin/Tynribbie/Portnacroish, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, Easdale/Ellenabeich, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.

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.

RUR 1 States there will be a general presumption against proposals for prominent or sporadic development which would have an adverse environmental impact on a Local Scenic Area.

RUR 2 States that proposals for development in Local Scenic Areas shall require to be justified against the following criteria:

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

Government Advice/Guidance

PAN 72 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 be discouraged in the open countryside except where provision is made in development plans or there are special needs.

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Argyll & Bute Structure Plan

STRAT DC 5 Development in Sensitive Countryside

A) Within Sensitive Countryside encouragement shall only be given to small scale infill, rounding-off, redevelopment and change of use of building development or to single dwelling houses on bareland crofts or single additional dwelling houses on individual crofts subject to consistency with STRAT AC 1 C)*.

B) In special cases, development in the open countryside and medium or large scale development may be supported if this accords with an area capacity evaluation which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and that the development will entail or result in at least one of the following outcomes:

1. a small scale housing development which accords with the area capacity evaluation OR 2. a positive development opportunity yielding significant countryside management or environmental enhancement benefit, or building retention benefit or local community benefit or economic benefit OR 3. a development with a locational need to be on or in the near vicinity of the proposed site.

C) Developments which do not accord with this policy are those outwith categories A) and B) above and those with incongruous siting, scale and design characteristics or resulting in unacceptable forms of ribbon development or settlement coalescence.

D) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

* Structure Plan policy AC 1 C) has been incorporated into policy F 1 in this local plan (page 53) STRAT DC 8 Landscape and Development Control

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non- sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with:

1. National Scenic Areas 2. Historic landscapes and their settings with close links with archaeology and built heritage and/or historic gardens and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.

B) Protection, conservation and enhancement to landscape will also be encouraged in association with development and land use proposals.

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Draft Argyll and Bute Local Plan

H 1 Housing Development A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves: In the countryside; 4. Small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside. C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated – see policy notes 3 in Annex (pages 63 and 64). Policy notes Sensitive countryside to H 1 k where the proposal involves small scale housing development in open areas (not infill, rounding-off or redevelopment sites) within the sensitive countryside, it will require to demonstrate successful integration with the landscape and settlement pattern*; additional support factors are not necessary to justify such development;

*the planning authority will have regard to Planning Advice Note 36 and to area capacity evaluation (ACE) when considering development capacity, and impact on landscape and settlement pattern –supplementary guidance on ACE will be included in the Supplementary Information and Guidance report.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None relevant.

(ii) Consultations

Response Date Comment Area Roads Engineer 07/06/2006 No objections subject to conditions. SEPA 04/07/05 No objections subject to conditions. Scottish Natural Heritage. 25/07/2005 See the report above.

(iii) Publicity and Representations

Advert Type: Potential Departure Closing Date: 7th July 2005.

- No representations received.

(iv) Applicant’s Case (summarised).

I have lived in Appin for more that 30 years but am currently living in Oban. Our family business has been based in Appin since 1935. It is essential that I live in Appin to run the business successfully.

My partner owns the Castle Stalker View café and gift shop which employs 12 local staff. It is also vital that she is permanently based nearer to the business.

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It is vital to keep young local people in the area and especially key workers such as my partner and myself.

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DEVELOPMENT SERVICES Local Member - Cllr I Gillies PLANNING APPLICATION REPORT Date of Validity - 4th July 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

8th November 2005

Reference Number: 05/01297/OUT Applicants Name: K&F Builders (Coll) Ltd Application Type: Outline application Application Description: Site for erection of 3 dwellinghouses Location: Land west of Main Street, Arinagour, Isle of Coll

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of three dwellinghouses • Formation of vehicular access

Other specified operations

• Connection to public sewer • Connection to public water main

(B ) RECOMMENDATION

It is recommended that outline planning permission be granted subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Outline planning permission for the erection of three dwellinghouses is sought for a site adjacent to Main Street, Arinagour. The site is gently sloping and predominantly grassy with a number of small rocky outcrops. It is within the existing settlement of Arinagour and represents acceptable infill development. It is considered appropriate in terms of size and density to accommodate three dwellings of modest size, designed to be in keeping with the existing street scene.

Policy STRAT DC 1 of the adopted Structure Plan and Policy HO6 of the adopted Local Plan both encourage the development of gap and infill sites in the village of Arinagour. The proposal is thus considered to be in accordance with the aims of the adopted Development Plan.

No design details have been submitted at this stage, although the applicant has indicated that materials will be white render walls and slate roof, with timber windows. It is considered that a design condition can be applied to the grant of planning permission that will ensure that the development will be in keeping with the existing single storey dwellings on the Main Street and will make a positive contribution to the street scene and the character of the area.

There are no servicing or infrastructure constraints. However, Scottish Water has advised as follows:

“The proposed development lies within the water catchment area for Arinagour (Coll) Water Treatment Works. Therefore, Scottish Water objects to this application as it may prejudice our ability to supply potable water. Scottish Water will however, remove the objection if the developer can demonstrate that the development will not have an impact on our assets, or that suitable infrastructure can be put in place to support the development.”

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Given the relative distance of the site from the Water Treatment Works and the fact that the site is downhill of the works, near the shore, and in the centre of the village, it is considered that this objection is not substantiated and is most likely incorrect. Clarification has been sought from Scottish Water but no response has been received.

(D ) CONCLUSION

The proposal is considered to be in accordance with the provisions of the adopted Structure and Local Plans, specifically Policy STRAT DC 1 of the adopted Structure Plan and Policy HO 6 of the adopted Local Plan. There are no substantiated infrastructure or servicing constraints. It is therefore recommended for approval.

Angus J Gilmour Head of Planning

Author: Phil McLean 01631 567956 Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01297/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the undermentioned reserved matters before any development is commenced:

(a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Prior to the commencement of work on site any vehicular access(es) to the site shall be formed in accordance with Argyll & Bute Council Roads Department drawing number NA/32/05/2A and the proposed access shall be surfaced in dense bitumen macadam for the first 5 metres from the edge of the public road.

Reason: In the interest of road safety, in order to ensure that the proposed house is served by a safe means of access.

5. No walls, hedges, fences, etc. will be permitted or to be greater in height than 1.05m above road level within the first 2.4m from carriageway edge. All shrubbery shall be cleared from an area 2.4m from the carriageway edge and maintained to the satisfaction of the Planning Authority.

Reason: In the interests of road safety and to ensure that adequate visibility is maintained at the vehicular access from the main road.

6. Any details pursuant to Condition 1(c) above shall include a number of car parking spaces within the site at a level commensurate with the size of dwellinghouses proposed, in accordance the Council’s Roads Guidelines. Those levels being; 2 spaces for each dwelling house of up to and including 3 bedrooms; 3 spaces for 4 bedrooms; 4 spaces for 5 bedrooms; and so on.

Reason: To enable vehicles to parked clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

7. No development shall commence on site until evidence is exhibited to the Council as Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage and/or water scheme to serve the development.

Reason: In order to ensure that adequate water and sewerage arrangements are in place to serve the development, in the interests of public health and hygiene.

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8. Any details pursuant to Condition 1(a) above shall include a terrace of three dwelling houses, which shall: i) Be finished in wet dash render; ii) Have a roof covering of natural slate; iii) Be single storey in height; iv) Incorporate windows with a strong vertical emphasis; v) Have a roof pitch of not less than 37 o and not greater than 42o; and vi) Be predominantly rectangular shaped with traditional gable ends not exceeding six metres.

Reason: In the interests of visual amenity, in order to integrate the development with its surroundings and maintain the character of the main street of Arinagour.

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APPENDIX RELATIVE TO 05/01297/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

Mull, Coll and Tiree Local Plan

HO 6 The Council will continue to encourage the development of small gap and infill sites, including rounding off for housing in the following settlements:

Baile Mor (Iona), Bunessan, Craignure, Fionnphort, Pennyghael and Salen in Mull; Balemartine, Balevullin, Crossapol and Scarnish in Tiree; and Arinagour in Coll.

In Baile Mor, careful consideration will have to be taken of the special historic and scenic character of the village.

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Government Advice/Guidance

PAN 72 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 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

None on this site.

(ii) Consultations

Response Date Comment Area Roads Engineer 2nd 2005 No objections subject to conditions Scottish Water 3rd August 2005 No objections subject to conditions Highlands and Islands Airports 7th July 2005 No objections National Air Traffic Control 18th July 2005 No objections

(iii) Publicity and Representations

Advert Type : Article 9 Vacant Land Closing Date: 28th July 2005

Representations : Y

Name Address Letter date Fiona Ward & E Kennedy 1, Main Street, Arinagour 4th July 2005 Neil MacFadyen Kinfad, Main Street, Arinagour 21st July 2005 Catherine MacLean 9, Carnan Road, Isle of Coll 26th July 2005 Annette-Lorraine Pyrah Taigh Solas, Arinagour 15th July 2005 (received 3rd Aug) Sylvia MacFadyen (on behalf of 1, Main Street, Arinagour, and Mo 26th July, 8th August, Fiona Ward and Eilidh Kennedy) Dhachaidh, 16, River View and 10th October 2005 Crescent, Cardross Mrs Stewart (on behalf of CKM East Bridgelands, Selkirk 4th October 2005 Stewart)

Summary of material planning issues raised:

• The privacy of Kinfad will be affected by increased noise from the additional traffic generated by the development. Comment: It is not considered that an additional three dwellings will result in a significant increase in traffic noise in the village.

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• The development will lead to “overcrowding” of the main roads, which were not intended to carry heavy traffic. Comment: It is not considered that an additional three dwellings will result in a significant increase in traffic on the main road. The Area Roads Engineer has raised no objections. • There is insufficient parking for vehicles Comment: The Area Roads Engineer has recommended that a condition be attached requiring parking to be provided commensurate with the size of dwellinghouse. • There is inadequate drainage of the road adjacent to the site and in periods of heavy rain large puddles are formed. Development would exacerbate this problem. The road is the only road to the village, and there are no pavements or streetlights. Comment: The Area Roads Engineer has raised no objections to the development and has been previously advised of the concerns regarding the quality of the road. • There is no permission (sic) for parking on the road, no laybys and no speed restriction and road access to the site would be impossible and impassable. Garage access would be dangerous. Comment: The Area Roads Engineer has raised no concerns subject to a number of conditions, including the provision of adequate car parking. • The development will be too close to “Rosebloom” cottage. Comment: The proposed density is considered to be entirely in keeping with the existing density of the village. • There is insufficient water supply. Comment: Scottish Water have raised no objections (subject to conditions), although see body of report above. • Sewerage is not presently up to standard in the village. Comment: Scottish Water have raised no objections (subject to conditions), although see body of report above. • There may be trees and shrubs within the application site that would need to be removed, although the applicant has stated that none are to be removed. Comment: There do not appear to be any significant trees or large shrubs within the majority of the application site, although it appears that the site boundary may include part of the garden ground of 1 Main Street, which does contain trees. However, these trees are not known to be protected. • There will be loss of amenity from the garden ground of 1 Main Street, which is now a tourist attraction. • Comment: This objection apparently relates to the fact that the application site appears to include part of the garden ground of 1 Main Street. The trees within the garden are not known to have any protection at present, and it is not considered that their removal would have a significant adverse impact on the amenity of the village. Insofar as issues of ownership of the garden ground are concerned, this is not a planning consideration. • There would be loss of privacy and daylight to 1 Main Street and its garden ground. Comment: No design details have been submitted, however it is considered that an acceptable design on the site would have no an adverse impact on privacy and daylight to 1 Main Street. • Modern houses would look out of keeping in this location and would adversely affect the character of the village. Comment: No design has been submitted at this stage as this is an outline application. Design will be dealt with at reserved matters stage, where a traditional design in keeping with the existing street scene and character of the village will be required. • The gardens and outlook of the existing dwellings would be affected. Comment: The site is considered to be acceptable infill development and will not have an adverse impact on the amenity of neighbouring properties, provided that an acceptable design is proposed at reserved matters stage. • Various road safety concerns relating to the road to the Primary school, its access, and overshadowing of bungalows on Main Street. Comment: These concerns appear to relate to a separate planning application by the same applicant, also in the village of Arinagour, reference 05/01295/OUT. They are not considered to be relevant to the present application.

Other non-material planning issues raised:

• The applicant does not own the ground and it is not for sale. The landowner objects to three houses being built on their land. Comment: Land ownership is not a material planning consideration.

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• There is no need for more houses on this piece of land. Comment: This claim has not been substantiated. The site is considered to be acceptable in planning terms. Public access on this area is difficult. Comment: The site is not designated as a public open space and the Council is not aware of any rights of way across the site. • The blue line indicating land under the same ownership as the red line application site is shown differently in two planning applications (the present application and also application 05/01295/OUT). Comment: Land ownership is not a material planning consideration. The applicant has certified that all necessary notifications were carried out. • No neighbour notification was received Comment: The applicant certified that the required neighbour notification was served. This is therefore a purely legal matter. • Disruption and noise would be caused during construction, and the present dwellings on Main Street would not physically be able to withstand any blasting operations in connection with the development. Comment: These are not material planning matters and would be dealt with by Public Protection and Building Standards.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 05/01297/OUT

Scottish Water have advised as follows:

Scottish Water would review any comments regarding the provision of infrastructure for this proposal on submission of a detailed application. In the period between submission of outline and detail applications, available capacity may have altered as a result of changes in legislation or subsequent development. Therefore, connections are not guaranteed at this time.

Scottish Water’s sewer network assets have adequate capacity to accommodate this development t at the present time. However, I do advise that connection to the public sewer network system is dependant on the spare capacity at the time of application for a sewer connections.

You are advised to contact them direct to discuss this matter

Contact:

Scottish Water Planning and Development Services Balmore Road G22 6NU.

Tel : 0845 601 8855

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

Road openings permit required.

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 SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 17th August 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

1st November 2005

Reference Number: 05/01694/OUT Applicants Name: Mr and Mrs H. Brown Application Type: Outline Planning Permission Application Description: Site for one dwelling. Location: Land north east of Shore Cottage, Degnish Road, Kilmelford.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwelling • Site services (no details submitted).

(B ) RECOMMENDATION

The application is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Local Plan.

The site is in open countryside and subject to Policy HO 23 which encourages small-scale development that is related to the existing built form, and to the precepts of central government advice contained in, inter alia, PAN 72.

The site is within the Regional Scenic Area and must, in addition, be considered in terms of the criteria in Policies RUR 1 and RUR 2 as follows:

i) Environmental Impact.

The site is on the landward side of the Degnish Road and forms part of an area of rough grazing and scrub. The settlement pattern along the Degnish Road is one of scattered settlement at intervals. The spaces between settlement sites are generally substantial so that the intensely rural character is preserved.

In my opinion, the development of this site would be consistent with the settlement pattern and would not result in damaging ribbon development.

The site is low lying in an area of sporadic tree cover and would not be prominent or intrusive in important views, including those across the Loch.

ii) Locational/operational need.

The applicants are employed at the nearby Ardenstur holiday cottages as caretakers. This is not an overriding locational/operational need but, in this case, the development has no adverse environmental impact and does not require justification by locational/operational need.

iii) Economic benefit.

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There will be a modest benefit to the locality arising from additional residents/visitors

iv) Infrastructure and servicing implications.

The development can be serviced from existing infrastructure (subject to a report on the water supply). The Area Roads Manager has raised no objections in terms of the capacity of the Degnish Road.

On balance, I consider that the policy is satisfied and that the interests of the Regional Scenic Area will not be harmed.

The site, although not itself covered in trees, is within an extensive area of deciduous woodland referred to in Policy RUR 3A. Scottish Natural Heritage was consulted and a butterfly survey was carried out to ensure that a potential habitat for marsh fritillaries was not damaged. Scottish Natural Heritage has not objected to the application.

In my view this application and one previously approved to the east (05/00111/OUT) account for all of the capacity in this area without having an adverse environmental impact..

(D ) CONCLUSION

The application conforms to adopted local plan policies and is recommended for approval subject to the attached conditions.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01694/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the under mentioned reserved matters before any development is commenced: (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements prepared by a suitably qualified water engineer.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in Condition 1 above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. The details submitted in respect of Condition 1 shall show:

a) Walling materials of local traditional stone or render. b) A roof with no gable facing the shore The roofs covered in natural slate a sample of which shall be agreed by the Planning Authority. Roofs of gabled form which span no more than 6.5 metres and are pitched at between 35 degrees and 50 degrees. A floor area no greater than 120 square metres. A building no greater than one and a half storeys height. A building with windows, dormers and doors of traditional form.

Reason To ensure that the dwelling is visually integrated into the conservation area and the National Scenic Area.

5. Any details pursuant to Condition 1(b) above shall show a scheme hard and soft landscaping work which shall, unless otherwise agreed in writing, include conservation measures for marsh fritillary butterflies. Such details shall include: • Location and design, including materials of any walls, fences and gates; • Surface treatment of means of access and hard standing areas; • Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub to be retained or planted; and • Programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. No trees shall be felled on or adjacent to the site until the landscaping scheme has been agreed in writing by the Planning Authority and 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.

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Reason To ensure that the dwelling is visually integrated into the conservation area and the National Scenic Area.

6. The details submitted in respect of Condition 1 shall include details of the external lighting to be installed.

Reason: To avoid light pollution.

7. Prior to work starting on site full details of a turning area and parking provision for two cars within the curtilage of the dwelling house drawn up in consultation with the Area Roads Manager shall be submitted to and approved in writing by the Council, as the Planning Authority. The parking and turning area shall thereafter be provided prior to the first occupation of the dwelling house.

Reason: In the interests of road safety.

8. Prior to work starting on site, the access hereby permitted shall be formed in accordance with the Council’s Highway Drawing No. NA/32/05/2a to provide visibility splays of 2.5 metres by 160 metres or as otherwise agreed in writing with the Council as the Planning Authority.

Reason: In the interest of road safety.

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APPENDIX RELATIVE TO 05/01694/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 4 Development in Rural Opportunity Area.

A) Encouragement shall be given to small-scale developments on suitable sites.

STRAT DC 7 Nature Conservation and Development Control

A) Development likely to have a significant effect on a Natura site will be subject to an appropriate assessment. The development will only be permitted where the assessment indicates that it will not adversely affect the integrity of the site, or, there are no alternative solutions and there are imperative reasons overriding public interest. B) On sites of national importance, SSSIs and NNRs, development will only be permitted where it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area would not be compromised, or where any adverse impacts are clearly outweighed by social or economic benefits of national importance. C) Development which impacts on Local Wildlife Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan, shall be assessed carefully to determine its acceptability balanced along with national – or local – social or economic considerations. D) Enhancement to nature conservation interests will also be encouraged in association with development and land use proposals.

STRAT DC 8 Landscape and Development Control

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non-sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with:

1. National Scenic Areas 2. Historic landscapes with close links with archaeology and built heritage and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.

B) Enhancement to landscape will also be encouraged in association with development and land use proposals.

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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:

(a) National Scenic Area: (I) Lynn of Lorn; (ii) Ben Nevis and Glencoe (b) Regional Scenic Areas : (I) Knapdale/Melfort; (ii) North Argyll (c) Regional Scenic Coasts : North West Argyll (d) Areas of local landscape significance : (I) Loch Etive/Benderloch Coast; (ii) Loch Awe; (iii) Loch Nell; (iv) Glen Lonan; (v) Loch Avich; (vi) Glen Gallain/Loch Scammadale.

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

RUR 3A The Council will resist development which would erode or have an adverse affect on features of wildlife and scientific value including natural broadleaf woodland HO 23 In countryside outwith inset maps the Council is in favour of small-scale residential development providing there are no constraints. Particular attention will be given to infill, rounding off and redevelopment opportunities related to existing development and land form. Regard will be had to the principles in government advice in PAN 72.

Government Advice/Guidance

PAN 72 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 be discouraged in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(e) Site History

None relevant

(ii) Consultations

Response Date Comment Area Roads Engineer 27th September No objections subject to conditions. Scottish Natural Heritage 24th October No objections

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Public Protection Unit 27th September No objections subject to conditions. Kilninver and Kilmelford Community 19th September Objects (see below) Council SEPA 2nd September No objections

(iii) Publicity and Representations

Advert Type: Potential departure and vacant land Closing Date: 15th August 2005

Representations: Yes.

Name Address Letter date Mr N. Manchester Eas a’ mhuilinn, Kilmelford 5th September Ms C. Manchester Eas a’ mhuilinn, Kilmelford 5th September Melfort Club Melfort 2nd September Mr R. Asbury Achnacille, Kilmelford 5th September

Summary of points raised:

• The site is in “sensitive countryside” and would breach the emerging Local Plan policies. Comment: The site is not in sensitive countryside. It is in a rural opportunity area. • The Degnish Road is at the limit of its capacity for traffic. Comment: The Area Roads Manager has raised no objections.

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DEVELOPMENT SERVICES Local Member - Cllr S MacDougall PLANNING APPLICATION REPORT Date of Validity - 19th August 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

9th November 2005

Reference Number: 05/01708/DET Applicants Name: Mr and Mrs MacLean Application Type: Detailed application Application Description: Erection of 2 Letting Units - Revised Position for Units 1 & 2 Approved Under 04/00634/DET Location: The Garage, Breadalbane Street, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of two letting units (revised position for units 1 and 2 granted under permission 04/00634/DET).

(B ) RECOMMENDATION

It is recommended that planning permission be granted.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Detailed planning permission was granted (ref. 04/00634/DET) on 16th June 2004 for the demolition of former garage buildings on the corner of Breadalbane Street and Albert Lane in Oban, and for the erection of two new buildings to provide three letting units.

Planning permission was granted on the basis that Policy HO21 of the adopted Local Plan supports infill development and redevelopment in Oban that is related to the existing built form. The new buildings are to be of similar scale to those previously on the site, and it was considered that they would not have an adverse impact on the townscape of the area. The occupation of the units was restricted to six months for any one person, family or group within one calendar year on the basis that the units would have insufficient amenity ground to merit their occupation as permanent residential accommodation.

The present application is for a revised position for one the buildings (containing letting units 1 and 2). No other alterations to the original permission are proposed. The revised position is significantly closer to the public road and footpath than the approved plans, which show the northwest corner of the building as 1m from the edge of the footpath and the southwest corner over 2m from the path. The revised position has the building a matter of only several centimetres from the footpath at the northwest corner and approximately 50cm from the footpath at the southwest corner. The building is already substantially complete (for site history see below) and the eaves of the building appear to overhang the footway.

The original application showed the buildings in an acceptable position. I am very concerned about this new position and that the developer has continued to construct its building. However, considering this area and buildings have no special designation, I reluctantly recommend that permission be granted.

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(D ) CONCLUSION

It is recommended that permission be granted subject to the conditions below.

Angus J Gilmour Head of Planning

Author: Phil McLean 01631 567956 Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01708/DET

1. The two letting units hereby approved shall not be occupied by any one person, family or group for more than 6 months in any one calendar year, unless otherwise first agreed in writing by the Planning Authority. A register of occupation, showing dates of arrivals and departures shall be maintained by the owner of the letting units and shall be available at all reasonable times for inspection by the Planning Authority.

Reason : In accordance with the use applied for as the letting units, by reason of their lack of individual curtilages would be unsuitable for use as permanent residential accommodation.

2. 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 facing elevation of the building shown as ‘Unit 1 and 2’ on the approved drawings, other than those currently shown, without the prior written consent of the Planning Authority.

Reason : In order to prevent the inclusion of window and other openings in the north facing elevation which could significantly undermine the privacy and amenity of the adjoining residential property.

3. Prior to the first occupation of the building shown as ‘Unit 1 and 2’ on the approved plans, the three windows on the north facing elevation shall be glazed with obscured glass. Thereafter the glazing in these three windows shall remain obscured in perpetuity, unless otherwise first agreed in writing with the Planning Authority.

Reason : In the interests of privacy and amenity in order to prevent overlooking of the adjoining residential property.

4. Prior to the first occupation of the letting units hereby approved, the access to the site shall be formed in accordance with the Council’s Roads Development Guidelines Fig. 10.18, unless otherwise first agreed in writing with the Planning Authority.

Reason : In the interests of road safety.

5. The presence of any significant previously unidentified contamination, which becomes evident during the development of the site, shall be brought to the attention of the Planning Authority within one week. At this stage, a more detailed site investigation to determine the extent and nature of the contaminant(s), and a site-specific risk assessment of any associated hazards and remedial action, may be required.

Reason : In the interests of public health.

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APPENDIX RELATIVE TO 05/01708/DET

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

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, Achnacroish (Lismore), Balliemore (Kerrera), Bonawe, Bridge of Orchy, Clachan (Lismore), Connel, Cullipool, Dalavich, Dunbeg, Eredine, Lochawe, Kilmelford, Kilninver, North Cuan, Port Ramsay (Lismore), South Cuan and Toberonochy.

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.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

The present application was submitted following a member of the public advising that work had started on site that was in breach of the original planning permission. A site visit confirmed that the building in question appeared to be 0.6m too wide and 0.6m too long, that the orientation of the building under construction did not match the approved plans, and that the building was being constructed significantly closer to the public road and footpath than had been approved.

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The applicant was advised in writing (2nd and 9th August 2005) to stop work and submit a revised application for material amendments to the original permission. Following submission of the revised application (validated 19th August 2005), work continued on the site and the applicant was further advised in writing (6th September 2005) that work should stop until such time as the present application was determined, there being no guarantee that permission would be forthcoming. The applicant was also advised that in the event of an unsuccessful application, enforcement action may require offending elements of the development to be altered and/or removed in their entirety. The applicant confirmed in writing (received 27th September) that these points had been noted. However, work has continued on the site, with the units now being substantially complete.

(ii) Consultations

Response Date Comment Area Roads Engineer 24th Oct 2005 No objections

(iii) Publicity and Representations

Advert Type : None. Closing Date: n/a

Representations : None

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DEVELOPMENT SERVICES Local Member - Councillor Macaskill PLANNING APPLICATION REPORT Date of Validity - 22.08.05 OBAN, LORN AND THE ISLES Committee Date - 07.11.05

01 November 2005

Reference Number: 05/01721/OUT Applicants Name: Alison Smith Application Type: Outline Application Application Description: Site for erection of dwellinghouse Location: Land West of Garalapin, Balvicar

SUPPLEMENTARY REPORT NO. 1

(A ) THE APPLICATION

This application is a minor departure from the Lorn Local Plan.

However, the plan is out of date, the proposal accords with the settlement plan and with the emerging Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Author: Robert Walker 01631 567954 Contact: Ian McIntyre 01631 567951

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DEVELOPMENT SERVICES Local Member - Councillor Macaskill PLANNING APPLICATION REPORT Date of Validity - 22.08.05 OBAN, LORN AND THE ISLES Committee Date - 07.11.05

01 November 2005

Reference Number: 05/01721/OUT Applicants Name: Alison Smith Application Type: Outline Application Application Description: Site for erection of dwellinghouse Location: Land West of Garalapin, Balvicar

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for erection of dwellinghouse (no details submitted). • Installation of septic tank (no details submitted) • New vehicular access to be formed

Other Specified Operations.

• Connection to public water main

(B ) RECOMMENDATION

The application is recommend for approval as a minor departure from the Lorn Local Plan 2nd Alteration.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwellinghouse (no details submitted) on an area of fairly level, open land, on the southern side of the public road, immediately to the south east of an existing dwellinghouse known as ‘Dunaverty’. There are currently two dwellinghouses in the immediate area, with a variety of outbuildings, and there is planning consent for the redevelopment of the builders store to the north west of this strip of coastline. DEVELOPMENT PLAN. In Balvicar Policy HO 22 restricts the development of new houses to areas delineated on the inset map which forms part of the Adopted Lorn Local Plan 2nd Alteration. The application site is outwith the HO 22 areas and therefore contrary to the policy of the adopted plan. The application previously submitted (04/01675/OUT) was withdrawn due to this policy and it was premature of the Argyll and Bute Local plan and a large number of representations had been received during the consultation period of the Draft Argyll and Bute Local Plan, with particular respect to proposed planning policy for the Isle of Seil. Accordingly, it was considered to be premature and prejudicial to the development plan process to have supported the application as a departure to the Adopted Local Plan, on the basis of the Draft Local Plan. The Finalised Argyll and Bute Local Plan includes the site within the settlement zone. Policies for such areas favour infill, rounding off and redevelopment. Under this plan the development proposed would, in principle, satisfy the settlement policy. There are no unresolved objections to this designation, and it would be reasonable to give material weight to the Finalised Draft Plan in this case.

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Servicing and Infrastructure

It is proposed to form a new vehicular access to serve the proposed dwellinghouse. The Area Roads Manager has raised no objection to this, subject to conditions requiring the access to be improved, visibility splays maintained, and parking and turning to be provided.

The proposal is to be connected to the public water supply and a single septic tank is to be installed (no details submitted). Scottish Water have raised no objection to the proposal. There does appear to be sufficient land within the applicants control to allow for a septic tank and soakaway.

No hearing is considered necessary as there have been no representations. The proposal is acceptable as a minor departure as the Lorn Local Plan will soon be replaced by the Argyll and Bute Local Plan in this area and the minor departure complies with the new local plan settlement policies.

(D ) CONCLUSION

Given the inclusion of the site in the settlement zone delineated in the Finalised Draft Argyll and Bute Local Plan the application is recommended for approval as a minor departure from the Adopted Lorn Local Plan subject to the attached conditions.

Angus J Gilmour Head of Planning

Author: Robert Walker 01631 567954 Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01721/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the under mentioned reserved matters before any development is commenced (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. The access shall be constructed in accordance with Roads Services drawing number NA/32/05/2a and must be situated a minimum of 25m north west of the existing access to Garalapin.

Reason: In the interest of road safety.

5. No walls, hedges, fences etc will be permitted or to be greater in height than 1.05m above road level within the first 2.4m from the channel line, all scrub shall be cleared and maintained in perpetuity.

Reason: In the interest of road safety.

6. A system of surface water drainage is required to prevent water passing onto the public road.

Reason: In the interest of road safety.

7. Any details pursuant to Condition 1 above shall include full details of the scheme of hard and soft landscaping works on the approved Plan. Such details shall include: i) existing and finished ground levels in relation to an identified fixed datum ii) existing landscaping features and vegetation to be retained iii) location and design, including materials, of walls, fences and gates iv) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub v) programme for completion and subsequent on-going maintenance.

Reason: To ensure that the proposed development is provided with a satisfactory standard of landscaping for the functional and visual requirements of the site and to assist the integration of the development into the surrounding area and to integrate the proposal with its surroundings.

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8. Any details pursuant to Condition 1(a) above shall include a dwelling house of local traditional design, incorporating the following : i) finished in wet dash render or natural stone or a mixture of both; ii) with a roof covering of natural slate or good quality slate substitute; iii) of no greater than one and a half storeys in height; iv) incorporating windows with a strong vertical emphasis incorporating mullions; v) a roof pitch of not less than 35o and not greater than 42o; vi) incorporating smooth cement window and/or door bands; and vii) which is rectangular shaped with traditional gable ends of no more than 7 metres in width

Reason: To ensure that an appropriate form of development is achieved in keeping with the visual quality and residential amenity of the surrounding area.

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APPENDIX RELATIVE TO 05/01360/DET

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

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, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, Easdale/Ellenabeich, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.

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.

BE 12 The Council will seek to achieve a high standard of residential layout and design where new housing developments are proposed.

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Finalised Argyll and Bute Local Plan.

LP ENV Development Setting, Layout and Design 19 The Council will require developers and their agents to produce and execute a high standard of appropriate design in accordance with the design principles set out in Appendix A of this Local Plan and the following criteria: -

Development Setting (A) Development shall be sited and positioned so as to harmonise with the key features of the settlement, edge of settlement, countryside or coastal surroundings. Developments that do not satisfactory harmonise with their settings and surroundings shall be resisted.

Development Layout and Density (B) Development layout and density shall effectively integrate with the urban, suburban or countryside setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over- development of sites shall be resisted.

Development Design (C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as National Scenic Areas, Areas of Panoramic Quality, Very Sensitive Countryside, Sensitive Countryside, Conservation Areas, Special Built Environment Areas, Historic Landscapes and Archaeologically Sensitive Areas, Historic Gardens and Designed Landscapes and the settings of listed buildings and Scheduled Ancient Monuments. Within such locations, the quality of design will require to be higher than in other less sensitive locations. (D) The design of buildings shall be suitably adapted to meet the reasonable expectations for special needs groups. (E) Energy efficient design and sustainable building practice is strongly encouraged. (F) Development design which is judged to be poor or “not good enough” for a particular location shall be resisted.

Informal Council Policy

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.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

04/01675/DET – Site for erection of dwellinghouse – withdrawn 05.11.04

This application previously submitted (04/01675/OUT) was withdrawn due to it being premature of the Argyll and Bute Local plan and a large number of representations had been received during the

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consultation period of the Draft Argyll and Bute Local Plan, with particular respect to proposed planning policy for the Isle of Seil. Accordingly, it was previously considered to be premature and prejudicial to the development plan process to have supported the application as a departure to the Adopted Local Plan, on the basis of the Draft Local Plan.

(ii) Consultations

Response Date Comment Area Roads Engineer 27.09.05 No objection subject to condition Scottish Water 01.09.05 No objection

(iii) Publicity and Representations

Advert Type : Article 18 Potential Departure & Article 9 – Vacant Land Closing Date: 22.09.05

Representations : No

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Page 155 Page 156 Page 157 Agenda Item 5k

DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 1st September 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

4th November 2005

Reference Number: 05/01818/OUT. Applicants Name: Mrs M. Kennedy. Application Type: Outline Planning Permission. Application Description: Single Dwelling. Location: Land north of Ards Guest House (between the A85 and the shore), CONNEL.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a house and associated services.

(B ) RECOMMENDATION

The application is recommended for REFUSAL for the attached reasons.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Local Plan.

The site is within Connel village and within the area of the inset map which comes under Policy HO21. That policy normally restricts housing development to the HO 21 areas but is not a carte blanche policy. Proposals within the HO 21 boundaries must be either infilling, rounding off or redevelopment related to the existing built form and must demonstrate that they can be achieved without harming important interests.

The proposal is not infilling, rounding off or redevelopment but development in an isolated location between the road and the shore. It is wholly unrelated to the existing pattern of building. This is similar to a recent appeal case concerning a site, to the east of the application site, where the Reporter concluded that,

“The development … set in a relatively narrow strip between the shore and the main road, does not reflect the layout of houses within conventional building plots which is characteristic of Connel as of most settlements, I cannot find that it relates to the built form of the village. Accordingly it cannot comply with the policy, despite its location within the village envelope.”

Finalised Draft Argyll and Bute Local Plan.

The site is shown as being in the settlement zone.

The Structure Plan Policy, STRAT DC 1, for such areas states that, encouragement shall be given, subject to capacity assessments, to developments within the small towns and villages, on appropriate infill, rounding off and redevelopment sites. This is similar to the existing, adopted policy and the development would fail to meet the tests of appropriateness.

However, there have also been significant representations on the draft plan which seek the designation of the shore as an open space area rather than settlement zone. In view of these representations it would be premature to determine the application on a consideration of the site as being in the settlement zone.

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Given that there is a clear policy reason for refusal, I have not pursued the need for a flood risk assessment or the investigation of possibly contaminated fill on the site.

(D ) CONCLUSION

The proposal cannot be supported by current and emerging planning policies and should be refused.

Angus J Gilmour Head of Planning

Author: Robert Walker 01631 567954

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REASON for REFUSAL RELATIVE TO APPLICATION 05/01818/OUT

1. The site is within the village of Connel where the adopted local plan policy, HO 21, supports infilling, rounding off and redevelopment related to the existing built form. The application site is set in a relatively narrow strip between the shore and the main road, and does not reflect the layout of houses within conventional building plots which is characteristic of Connel as of most settlements and cannot be considered to relate to the built form of the village. Accordingly it cannot comply with the relevant Policy HO 21.

2. The development would result in a reduction in suitable amount of available car parking for the guest house, which if full could result in traffic stopping or parking in the trunk road to the detriment of other road users.

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APPENDIX RELATIVE TO 05/01818/OUT A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large-scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large-scale development may be supported. C) Within the Minor Settlements to small-scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large-scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Developments in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

STRAT DC 10 Flooding and Land Erosion

Proposed development which would be at significant risk of flooding or from erosion, or which would increase the risk to other land and property, or occupy the functional flood plane, will not be in accordance with the structure plan. In some places, where it is feasible to manage the threat, suitable mitigation or other measures may be possible.

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, Achnacroish (Lismore), Balliemore (Kerrera), Bonawe, Bridge of Orchy, Clachan (Lismore), Connel, Cullipool, Dalavich, Dunbeg, Eredine, Lochawe, Kilmelford, Kilninver, North Cuan, Port Ramsay (Lismore), South Cuan and Toberonochy.

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.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

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05/00697/OUT, 05/00698/OUT, 05/00699/OUT - 3 houses on nearby plots east of Telowie adjacent to Loch Etive refused on appeal.

(ii) Consultations

Response Date Comment Scottish Water 12th September No objections. Scottish Executive Trunk Roads Authority 9th November No objections subject to conditions.. Community Council 28th September Recommends refusal. They consider this area should be protected open space and one house could set a precedent for further erosion of the open coastal strip.

(iii) Publicity and Representations

Advert Type: Vacant land. Closing Date: 29th September 2005.

Representations: Yes.

Name Address Letter date Ann Buchanan Strathaird, Connel 15th September and 5th October Mr and Mrs Cowan, Ards Cottage, Connel 12th September J and H. Anderson Ard Beag, Connel 12th September G and K. Campbell Silverdale, Connel 19th September R. MacKay Dunara, Connel 20th September Marion Fisher 6 Deidre Cottages, Connel 20th September Maragret McLean Kinmundy, Connel 29th September Claire Grierson Creag Dhu, Connel 29th September G and J Britton Scotholm, Connel 30th September

Summary of points raised:

• This application should be treated in the same way as that, to the east, which was recently refused. • Development of the shore will damage the view and hence the local economy. • Development would set a precedent for other development on the shore. • The loss of parking spaces and intensification of use of the car park would affect road safety. • The shore should be an open space protection area.

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DEVELOPMENT SERVICES Local Member - Cllr. A MacDougall PLANNING APPLICATION REPORT Date of Validity - 21/09/05 OBAN, LORN AND THE ISLES Committee Date - 07/12/05

16/11/05

Reference Number: 05/01943/DET Applicants Name: Norman Mac Donald Application Type: Detail Application Description: Erection of 3 Dwellinghouses Location: Land North of the Surgery, Rockfield Road, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of three dwellinghouses (including creation of curtilages to serve each)

The development would be served by an existing private vehicular access (currently serving one other dwelling) and it is proposed that the dwellings would be connected to existing public sewage and water mains.

(B ) RECOMMENDATION

That full planning permission is granted subject to the conditions as attached to the schedule below.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The application site is located on a greenfield plot of land to the north of Rockfield Surgery, Rockfield Road, Tobermory. Aside from the surgery, the predominant land use within the locality is residential and the site is surrounded by dwellings on the north, east and western boundaries. In terms of the visual character of built form, there is a variety of dwelling styles that help create a degree of visual interest within the street scene. To the west, the dwellings comprise part of an estate and therefore the design of dwellings follows a uniform pattern. To the north and west, the development pattern has mostly been of individual dwellings and consequently a mix of housing design can be found. The site itself is undulating with the eastern boundary being approximately 3 metres lower than the west. A degree of overlooking exists as the dwellings to the west are higher still and have an aspect over the site. However, the surrounding dwellings are well away from the site boundary. The site is covered entirely in grass and has four reasonably established trees running along the northern ridge. The best tree, an oak, is on the north eastern corner.

As the application is asking for all matters to be considered, the main planning issues relate to the policy context of residential development on the site, the design of the development including the impact on the visual character of the area and the impact on the amenities of both the surrounding area and the residents of neighbouring residential properties.

Policy Context

In terms of the 1985 Adopted Mull, Coll and Tiree Local Plan, the site is shown as being within the settlement area of Tobermory. This plan is considerably out of date and does not include previous development that has occurred within the plan period. The Adopted Local Plan further states that there will generally be a presumption against the development of greenfield sites within Tobermory. The eastern portion of the site is also shown as being within the Tobermory Conservation Area.

The 2005 Argyll and Bute Local Plan identifies the site as being within the settlement area of Tobermory. Finalised Draft policy LP HOU 1 provides general support for small scale residential

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development within such areas. This policy has not been the subject of any objections within the public consultation process and neither has there been an objection to the zoning of the site as being within the settlement. Consequently, this is considered to hold a significant degree of material weight in making a recommendation. The objectives of this policy are in accordance with policy STRAT DC 1 of the 2002 Approved Argyll and Bute Structure Plan. Further support can also be drawn from SPP 3: Planning for Housing and SPP 1: The Planning System, which encourage new housing being directed to appropriate locations. As the site is within an existing settlement area the development, subject to other design and environmental considerations, the development can be justified against relevant policies and guidance. In addition, a consequence of historic development within the surrounding area, since the adoption of the current Local Plan, is that the site is now most definitely within the built envelope of Tobermory and not (as was the case at the time of adoption) edge of settlement site.

Design of Development Proposed and Impact on Visual Character of the Area

SPP 3 and SPP1, together with PAN 67: Housing emphasise the importance of creating attractive environments within which people will live. SPP 3 further acknowledges that, “…the design of new housing is not always given sufficient priority by those involved in development”. The application proposes the erection of three detached dwellinghouses. Each will be of identical design and occupy a footprint of approximately 108 square metres. Approximately 11 metres separation will be retained between each dwelling. The fact that each house is of similar design means that the development, in terms of the built form alone, will not create diversity. However, when the wider aspects of the site, its topography and the contribution of the development within the wider visual context are taken into account, it is considered that the resulting design and layout of the scheme would make a positive contribution to the character of the area. The fact that each dwelling would be off-set from one another, together with the fact that each would be at varying ground level from one another would create a layout of development that will be of interest within the landscape. The ‘stepping’ effect will further help to link the existing built form to the east with the existing built form along Rockfield Road as at present the two are at different levels. By introducing a built form that respects this variation in ground level so the development will help to integrate itself within the existing built environment. The topography of the site itself is also such that the resulting development will be contained, to a degree, within a natural plateau, with raised ground to the rear where there already is built form. This means that the development would not appear alien within the context of the surrounding landscape. The removal of the trees from the site will inevitably have an impact within the context of the landscape. None of the trees are the subject of preservation orders, however, the oak, being within the conservation area does benefit from protection. Nevertheless, none of the trees are considered to be of such amenity value that their retention would outweigh the merits of the proposal and therefore it would be unreasonable to refuse the application on the basis that the trees should be retained. However, in order not to lose this natural element of the site, it is recommended that a landscaping condition is imposed, specifically requiring that new native trees are planted on the site. Naturally, it would take some years for such species to establish themselves and after having being built, the development will not have had the benefit of weathering. However, as both would become established, so the overall appearance and therefore integration of the development would occur. In essence, the removal of the existing trees and replanting within a fashion that was befitting of the proposal would result in a better overall standard of development. This is as opposed to retaining the trees and re-siting Plot 1, which would compromise the longer term merits of the development.

It is further considered that the design of the proposed properties in themselves will create an interesting built environment. In particular, the northern elevation (i.e. that presented to Tobermory at the top of the ridge at the northern end of the site) proposes the use of a variety of materials (glass, render and timber cladding) that will introduce an interesting repose to this elevation. The remaining elevations are certainly not as interesting as the north, however, efforts have been taken to ensure that openings relate to one another and therefore follow good design practice.

Impact on Amenities of Surrounding Locality and Residents of Neighbouring Dwellings

The Area Roads Manager has not raised any objections and subject to the imposition of conditions relating to suitable off-street parking and turning, together with the construction of a communal turning area. Scottish Water have been consulted and have no objections subject to conditions. It is proposed that the dwellings would be connected to both public sewer and water mains, the desirable arrangement within a settlement. Nevertheless, given the wider issues with water on the island, it is recommended that confirmation that the proposed water supply is suitable is obtained prior to the commencement of development. Due to the siting, design and orientation of the proposed dwellings

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in relation to existing dwellings, it is not considered that the development would result in a material loss of light or privacy that would sustain refusing the application. This has been a concern expressed within representations received, however, sufficient distance (minimum of 18 metres) is to be retained between the proposed and existing dwellings. With regard to the relationship between the dwellings proposed, it is only velux style roof lights that will face above ground level and, given that the properties will be off-set against one another and are at varying ground levels, it is considered that the privacy of future occupants is not being prejudiced.

The application was the subject of three representations, the points raised have been addressed below.

(D ) CONCLUSION

For the justification as detailed above, it is recommended that planning permission is granted subject to the following conditions.

Angus J Gilmour Head of Planning

Author: Alastair Close 01631 567961 Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01943/OUT

1. Standard.

Reason: Standard.

2. Notwithstanding the details as shown on the approved plan, development shall not begin until samples of materials to be used on external surfaces of the building have been submitted to and approved in writing by the planning authority. Thereafter, development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the planning authority.

Reason: Part of the application site falls within a conservation area and, when viewed from Rockfield Road the site is visible within the context of the conservation area. Therefore, in order to protect and enhance the visual character of the conservation area the planning authority must be satisfied that appropriate materials are to be used.

3. Development shall not begin until details of the scheme of hard and soft landscaping works have been submitted to and approved in writing by the planning authority. Details of the scheme shall include: i. location and design, including materials, of walls, fences and gates ii. soft and hard landscaping works, which shall include at least three native standard sized trees to be planted within the site and indicate any trees or shrubs to be retained iii. a programme for completion and subsequent maintenance.

Thereafter, the development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing with the planning authority. Any trees, shrubs or other vegetation proposed within the approved landscaping scheme shall be planted within the first full planting season following the commencement of development. Any trees or shrubs, including hedges, which form part of the approved landscaping scheme which, in the opinion of the planning authority, are dying, severely damaged or diseased within 5 years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted.

Reason: The application site falls within, and affects the setting of a conservation area. In addition, the development hereby approved will involve the felling of trees. Therefore, a suitable landscaping scheme is necessary in order to both protect and enhance the visual character of the area, as well as retaining a natural element to the site. Measures for the protection of any new trees and shrubs is necessary in order to ensure the satisfactory implementation and management of the approved landscaping scheme.

4. The off-street vehicular parking and turning areas, as detailed within the approved plan (Drawing No. 0321G-1 02) shall be made ready for use and thereafter retained prior to the first occupation of each of the dwellings hereby approved.

Reason: To ensure that suitable off-street parking is in place prior to the first occupation of each dwelling in order to avoid future residents having to park on-street which would cause congestion and inconvenience to users of both Rockfield Road, the private track serving the development and the surgery.

5. A turning area, constructed in accordance with figure 5.24 of Roads Development guidelines shall be constructed adjacent to the south side of the proposed access at plot 1 prior to the first occupation of any of the dwellings hereby approved.

Reason: To enable emergency and amenity vehicles to access and leave the site in a forward gear thereby reducing potential congestion and inconvenience to users of the private way, Rockfield Road and the surgery.

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APPENDIX RELATIVE TO 05/01943/DET

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

STRAT DC 9 Historic Environment and Development Control

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument, or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation are or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

STRAT SI 1 Sustainable Development Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: a) maximise the opportunity for local community benefit; b) make efficient use of vacant and/or derelict brownfield land; c) support existing communities and maximise the use of existing service infrastructure; d) maximise the opportunities for sustainable forms of design, including energy efficiency; e) avoid the use of prime quality or locally important good quality agricultural land; f) use public transport routes fully and increase walking and cycling networks;

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g) avoid the loss of recreational amenity and open space; h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources; i) respect the landscape character of an area and the setting and character of settlements;

avoid places where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and avoid having an adverse effect on land, air and water quality

Mull, Coll and Tiree Local Plan BE (6A) Within the existing conservation areas at Iona, Tobermory, Dervaig and Kilmoluaig, the District Council’s prime Objectives will be: (a) to prevent any deterioration in the appearance or fabric of the designated areas through unsympathetic new development, changes of use, tree felling, demolitions, extensions or alterations to buildings and structures, many of which do not normally require planning permission; (b) in the case of Iona and Dervaig, to retain areas of open space within the conservation areas which contribute to their overall character; (c) to restore and improve the character and general environment of the conservation areas by promoting enhancement schemes; (d) to secure additional financial assistance for restoration and enhancement works.

Government Advice/Guidance

PAN 67 Housing Quality. Provides advice on achieving attractive and quality housing development. SPP 1 The Planning System Provides an overview of the land use planning system in Scotland under current arrangements. It sets out key principles and the Executive’s priorities for the system to guide policy formulation and decision making towards the goal of sustainable development. It: • outlines the purpose of the planning system; • indicates how planning can contribute to the Executive’s wider objectives; • sets out the main tasks for development planning and development control; • identifies the Executive’s expectations for an efficient and effective planning service; and specifies the performance targets that the Executive and planning authorities should aim to meet in carrying out their statutory responsibilities SPP 3 Planning for Housing Provides guidance on how the planning system can: • Create quality residential environments; • Guide development to the right places; and Deliver an adequate supply of housing land. SPP 15 Planning for Rural Development. Provides guidance on how the planning system can achieve selective and modest growth with rural areas to facilitate a prosperous rural economy. NPPG 18 Planning and the Historic Environment Sets out the Government’s planning policies in relation to the historic environment. This guideline: • Outlines national policy on the historic environment which local authorities consider in formulating and assessing development proposals;

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• Explains how the protection of the historic environment and the promotion of opportunities for change can contribute to sustainable development; Identifies a range of planning action designed to achieve conservation objectives, including implications for development plans and development control

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

03/01652/DET – Erection of 4 dwellinghouses Withdrawn

04/01773/DET – Erection of 3 dwellinghouses Withdrawn

(ii) Consultations

Response Date Comment Area Roads Engineer 31.09.05 No objection subject to conditions Scottish Water No Response

(iii) Publicity and Representations

Advert Type : Article 9 Closing Date: 27.10.05

Representations : Yes

Name Address Letter date Donald Ortchison 12 Rockfield Road, Tobermory 27/09/05 Mrs. J.A. Reddaway Braehead, Rockfield Road, 26/10/05 Tobermory S. MacLean 11 Druimfin Gdns 26/10/05

Summary of points raised:

• Proposed access is not in the control of the applicant. The new planning application has identified the access as being within the control of the applicant and is therefore is sufficient for the purposes of considering the proposal. Disputes over ownership of land are a private matter and therefore not a material planning consideration. • Submitted plans are misleading and indicate that land has been sold when, in fact, it has not. Again, this is not a material planning consideration. The purpose of the red line is to show the extent of the site area that is to be considered for the proposed development. For planning purposes, the red line site is not for delineation of land ownership and therefore any misinterpretation, while unfortunate, is not material in considering an application. • Loss of amenity through looking at a car park. The car park shown is indicative only and does not relate to the proposal in any way. Planning permission is not being sought for the additional car parking, which appears as being in connection with the surgery. Whilst its presence on the site plan has, understandably, led to confusion, it is not to be considered and is therefore immaterial to this application. • Increasing traffic on to Rockfield Road is Dangerous. The access already exists and as Roads have not raised an objection, subject to compliance with conditions, it is not considered that the development would have an adverse impact on highway safety. • Loss of trees would be detrimental to skyline and land is used by bats and owls as a hunting ground. As detailed above, three of the trees in question could be felled without any form of planning control. The tree within the conservation area could be retained through moving Plot 1 to an alternative location. However, this would alter the layout of the dwellings that would be to

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the detriment of the quality of the appearance of the development. Through the imposition of conditions requesting new trees be planted, it is considered that the loss of the trees can be mitigated. Although it would take some time for the trees to become established, the quality of the resulting development would nevertheless be superior. The site is not part of a protected habitat and therefore there is no material reason why the development of the site should be prejudiced. Nevertheless, if members are so minded, a condition could be attached asking for bat boxes to be installed within the confines of the site. • What are the planning department going to do about restoring the site? The site has not been identified as a protected open space within the Development Plan and has been considered as part of the settlement area of Tobermory. Consequently, as a general principle residential development is considered acceptable. • Will there be a ‘no-no’ on people doing B&B? A material change in the use of the dwellings would require planning permission and would therefore be the subject of a fresh application. At this stage, as this element is not being considered, it cannot therefore be determined. • Concern over additional light pollution. The site is within the settlement area and is not within a sensitive rural location. Consequently, light can be expected after dark. However, if members are concerned, a condition relating to external lighting could be attached. However, this in itself is not a valid reason to refuse the application. • Serious objections to overlooking. As detailed within the main body of the report, sufficient distance is to be retained between the proposed and existing properties that will enable the development to occur without resulting in a material loss of privacy that could sustain a reason for refusal. At its closest point, there is 38 metres between the objector’s property and the nearest dwelling proposed. This degree of separation is more than adequate to ensure that loss of privacy is not a material concern in this instance. • Heavy construction traffic will damage the road surface. There is not indication of the nature of plant that would be used during the construction process. Construction traffic is an unfortunate, but nevertheless inevitable part of the development process. Damage to private property, however, is a civil matter and would be dealt with under separate jurisdiction. In addition, Environmental Health have separate controls over noise etc., which again is dealt with outside of planning.

In summary, whist valid material planning concerns have been raised, none are considered to be of such weight that would justify refusing the application due to both policy support and the fact that conditions could be imposed where necessary.

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NOTE TO APPLICANT RELATIVE TO APPLICATION CLICK HERE TO ENTER APP NO.

Scottish Water have advised as follows:

Click here to insert comments

You are advised to contact them direct to discuss this matter

Contact:

Scottish Water Developer Services Prestwick Office 35 Glenburn Road Prestwick Ayrshire KA9 2NS

Tel : 0845 601 8855

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

Click here to insert comments

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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Page 175 Page 176 Page 177 Agenda Item 5m

DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 11th September 2005 OBAN, LORN AND THE ISLES Committee Date - 7th December 2005

13th November 2005

Reference Number: 05/01995/OUT Applicants Name: Blackcroft Developments Application Type: Detailed Planning Permission Application Description: Erection of a House Location: Plot 13, Black Crofts, NORTH CONNEL

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of house and associated services.

(B ) RECOMMENDATION

The application is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Black Crofts forms a substantial area to the north of the Bonawe Road which is allocated for housing in the adopted Lorn Local Plan. An enlarged area is also designated as “settlement zone” in the Finalised Draft Argyll and Bute Local Plan.

The development of Black Crofts has followed the old subdivision into long fields at right angles to the road. One of these fields, to the west of the application site, has been fully developed by forming a central access road with house plots on either side. Planning permission has been granted for a similar form of development with a total of sixteen houses on the field containing the application site.

Planning permission for a house on this plot (13) and adjacent plot (1) was granted on 1st September 2004. During construction the location of the house was brought to the attention of the planning office. The site was visited and it was found that the new house was not being built in the approved location. The approved location was 12m from the western boundary but the house was being built 10m from it. The Enforcement Officer visited the site, wrote to the applicant, met him on site and work on site has stopped while this application to rectify the position is processed. The current application was then submitted.

One objection to the new proposal has been received (see appendix). The objectors live at “Dunmor”, the bungalow to the west of the application site and their concerns submitted by themselves and an agent can be summarised as follows:

1. The application is technically inchoate and incomplete. 2. The conditions on the outline approval have not been complied with. 3. Neighbour notification was not carried out in respect of the previous application. 4. The proposals do not meet a high standard of design and are contrary to Policy BE 13 of the adopted Lorn Local Plan. 5. The development has a detrimental impact on Dunmor and is therefore contrary to Policies ENV 1 and ENV 19 of the Finalised Draft Local Plan. 6. The previous detailed permission was granted in error because of its adverse impact on Dunmor. 7. The proposal is over development of the site and should be confined to the 15% of site area required by the outline permission.

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8. If the application is approved there should be conditions about landscaping the site and obscure glazing the west elevation windows.

(For my responses see appendix).

I have carefully considered all the points made by the objectors and the letter of support from the agent. There is an existing permission for this house and I have assessed whether the new position will have an adverse impact on neighbouring properties. I consider that whilst it would clearly have been preferable if the house had been built in the approved position it will not significantly materially detract from the amenity of Dunmor. There will be no significant loss of light, the house is 1 and a half storey as required by the outline consent and there is sufficient space between the houses and no privacy problems.

In the circumstances I consider that the proposal should be granted.

(D ) CONCLUSION

The application is recommended for approval subject to the attached conditions.

Angus J Gilmour Head of Planning

Author: Robert Walker 01381 567950

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01995/DET

1. Standard

Reason: Standard

2. The access serving this site shall be a road over which the public has a right of access in terms of the Roads (Scotland) Act 1984, and shall be constructed in accordance with Council standards and in consultation with the Council’s Area Roads Manager.

Reason: In order to ensure that provision is made for a service ‘road’ commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

3. The proposed access shall have visibility splays of 2.0 metres x 90 metres to the west and 2.4 metres x 70 metres to the east formed from the centreline 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.

Reason: In the interests of road safety.

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APPENDIX RELATIVE TO 05/01995/DET

A) ADOPTED 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, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, Easdale/Ellenabeich, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.

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.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

98/00144/OUT : Site for the erection of three houses to the immediate south of the current application (Plots A, B and C Black Crofts) : Granted

99/00210/REM : Formation of access and installation of septic tank to serve plots A, B and C Black Crofts : Granted

These three houses have been approved in detail and completed.

00/01049/OUT: Sites for the erection of 11 houses on Plots 2 – 12: Granted

01/01363/OUT : Site for the erection of 2 houses, Plots 1 and 13: Granted 26.10.02

04/00998/DET: Erection of 2 houses, Plots 1 and 13: Granted 31.08. 04.

A detailed application for plots 2 to 11 is presently under consideration.

(ii) Publicity and Representations

Advert Type : Artricle 9 Closing Date: 3rd November 2005

Representations : Yes.

Planning Objections UK on behalf of Mr and Mrs Allen of Dunmor, Black Crofts.

1. The application is technically inchoate and incomplete Comment: I consider the application and its predecessors to be valid. 2. The conditions on the outline approval have not been complied with.

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Comment: The application and its predecessor are detailed applications not a reserved matters applications and have to be judged on their merits. 3. Neighbour notification was not carried out in respect of the previous application. Comment: Neighbour notification is the applicant’s responsibility. 4. The proposals do not meet a high standard of design and are contrary to Policy BE 13 of the adopted Lorn Local Plan. 5. The development has a detrimental impact on Dunmor and is therefore contrary to Policies ENV 1 and ENV 19 of the Finalised Draft Local Plan. 6. The previous detailed permission was granted in error because of its adverse impact on Dunmor. 7. The proposal is over development of the site. Comment on points 4 – 7: The design and impact on the neighbouring property are acceptable and meet the current policies.

Fox Planning Consultancy on behalf of the Applicant. 1. The proposed house is at a reasonable distance from Dunmor in respect of light and will not result in an unreasonable impact. 2. There will be no loss of privacy to Dunmor because the windows on that side will be obscure glazed. 3. The change in the distance from the boundary is not so significant as to warrant refusal of the new application. 4. The form and density of the development are as previously approved.

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This page is intentionally left blank Page 183 Page 184 Page 185 Agenda Item 5n Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Agenda Item 5o Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Agenda Item 5p

ARGYLL AND BUTE COUNCIL December 2005

DEVELOPMENT SERVICES – ALL AREA COMMITTEES

REPORT ON SIX MONTHLY DEVELOPMENT CONTROL PERFORMANCE COUNCIL WIDE AND DECENTRALISED AREA TEAM. PERFORMANCE APRIL 2005 TO SEPTEMBER 2005

REPORT BY HEAD OF PLANNING SERVICES

1. INTRODUCTION

1.1 As Members are aware my Department sets Development Control performance standards in consultation with the Area Committees each year in April. As part of the monitoring of these standards a six monthly progress report is presented to each of the Area committees.

1.2 This report however, goes further than the normal “monitoring report” by introducing at the six monthly period, suggestions for “efficiency” measures to try and aid performance before setting the annual targets next April.

1.3 In addition to a section on efficiency measures, progress on the enforcement function and important service delivery objectives are also addressed together with conclusions.

2. SUMMARY

2.1 As detailed in this report, my Department as of 1st October is on target for processing 90% of householder applications within two months, but is 7% behind the 72% target for processing all applications within two months.

2.2 In terms of the decentralised areas, the report highlights :

• Bute and Cowal is 1% below its target of processing 78% of all applications within two months. • Helensburgh and Lomond is 4% above its target of processing 80% of all applications within two months. • Oban, Lorn and the Isles is 11% behind its target of processing 66% of all applications within two months. • Mid Argyll, Kintyre and Islay is 9% behind its target of processing 66% of all applications within two months.

2.3 The report also highlights the issues raised in the limited return of exit questionnaires, important enforcement developments and the progress being made towards “on-line” delivery of the Development Control service.

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3. RECOMMENDATION

3.1 It is recommended that Members:-

(a) Note the contents of the report in terms of performance and (b) Endorse the “efficiency” measures by making greater use of “blue reports” to reduce the number of Committee reports together with the other proposed measures.

4. COUNCIL WIDE DEVELOPMENT CONTROL PERFORMANCE SET AGAINST COUNCIL PERFORMANCE STANDARDS.

4.1 The Development Control function has recently completed the six months Scottish Executive return for the period 1st April to 30th September 2005. This return shows that the processing of householder applications is on target, with 90.1% being processed within two months, set against a target of 90%. Unfortunately, only 65% of all applications are being processed within two months, set against a target of 72%.

4.2 With respect to the above shortfall in the processing of mainstream applications, this requires to be considered against the continuing increase in the volume of applications received, reducing backlogs and staff changes. During the statistical period over 1,000 applications have been received, which represents a small increase over the previous six months, but continues the upward trend. Oban, Lorn and the Isles continue to reduce the significant backlog and although below performance targets have shown significant improvement over the last three months.

4.3 The new staff structure, together with filling of vacant posts is starting to have effect, particularly over the last three months where there has been marked improvements. In terms of householder applications 91% have been dealt with within two months and 66% of all applications which represents a 2% increase, over the first three months. Unfortunately the Area Team Leader for Bute and Cowal. Mr Philip O’Sullivan left the council to take up a post in Ireland, although this post is currently being occupied by a consultant and a full time replacement Mr David Eaglesham from Council is due to start in December. This change over period will inevidently affect performance although this has been kept to a minimum by the Consultant Mr S Campbell and the recently appointed Senior Officer Mr Steven Gove.

4.4 Notwithstanding the above, performance continues to progress in the right direction and a combination of continuing to monitor progress and the introduction of “efficiency” measures should continue to show improvements over the long term.

5. DECENTRALISED DEVELOPMENT CONTROL PERFORMANCE

5.1 Bute and Cowal

As Members will recall a target of processing 78% of all applications within two months was agreed for Bute and Cowal.

5.2 In this regard the Bute and Cowal Area Team has:

• Processed 192 applications in the last six months, which represents an increase of 24 (13%) applications over the previous six months. Page 209

• Processed 148 of these applications within two months. Whilst this performance is 1% below the target of 78% this should be set against an increase in workload and change in staff. • Unfortunately over the last three months performance has dropped to 73%, which is reflective in changes of staff. • It should however be noted that Bute and Cowal have processed 94% of householder applications within two months which exceeds both the Council and Scottish Executive target of 90%.

5.3 Whilst the employment of a Technician within the Area Team will have long term benefits, the loss of the Area Team Leader over this period has had an effect particularly on mainstream applications. The effect on performance has been kept to a minimum by introducing a Senior Planning Officer, and employing a consultant. The change in staff again highlights stability as a key to performance, particularly in a decentralised environment.

5.4 Helensburgh and Lomond

As Members will recall a target of processing 80% of all applications within two months was agreed for Helensburgh and Lomond.

5.5 In this regard the Helensburgh and Lomond Team has:

• Processed 176 applications in the last six months, which represents an increase of 43 (24%) applications over the previous six months. • Processed 147 of these applications within two months, which translates to performance being 4% above the target of 80%. • It should also be noted that the Helensburgh and Lomond Area Team have processed 93% of householder applications within two months, over the last six months period.

5.6 The Helensburgh and Lomond area team has also had the benefit of employing a planning technician which is helping to consolidate performance by removing routine tasks from the Planning Officers and will also have a greater involvement in Enforcement, particulary in terms of monitoring.

5.7 Oban, Lorn and the Isles

As Members will recall a target of processing 66% of all applications within two months was agreed for Oban, Lorn and the Isles.

5.8 In this regard the Oban, Lorn and the Isles Team has:

• Processed 317 applications in the last six months which represents a significant increase of 61 (19%) applications over the previous six months. • Processed 174 of these applications within two months. Whilst this performance is 11% below the target of 66%, this should be set against a significant inroad being made into the backlog of applications, significant increases in the number of applications processed together with the bedding in of a new staff structure and essentially the building of a new area team over the last year. • In terms of the above, significant improvements have been made over the last three months whereby 60% of all applications have been processed within two months. This figure shows significant improvements are being made towards the target of 66% even against the increased number of applications processed. This level of performance is the third highest since 1996 and is coming close to the highs of 64% achieved in 00/01 and 01/02. Page 210

• Notably Oban, Lorn and the Isles has processed 90% of householder applications within two months, over the last three month period, which represent a 3% increase. Oban, Lorn and the Isles is therefore meeting the Scottish Executive target of processing 90% of all householder applications within two months for the first time since 2001.

5.9 The introduction of the new staff structure in Oban, Lorn and the Isles, together with concentrating resources on householder applications, is beginning to show dividends. The essential change over in professional staff over the last year is also starting to show dividends although the extent of the changeover in Oban, Lorn and the Isles is difficult for the replacement staff. This is particularly true in relation to picking up other officers outstanding workload, becoming familiar with planning histories together with being introduced to new procedures and policies. The area team has done exceedingly well given these hurdles particularly as it remains the busiest area but importantly service delivery is showing significant improvements.

5.10 Mid Argyll, Kintyre and Islay

As Members will recall a target of processing 66% of all applications within two months was agreed for the Mid Argyll, Kintyre and Islay Area Team.

5.11 In this regard the Mid Argyll, Kintyre and slay Area Team has:

• Processed 274 applications within the last six months, which represents a significant increase of 38 (14%) applications over the previous six months. • Processed 155 of these applications within two months. Whilst this performance is 9% below the target of 66%, this needs to be set against a continuing increased workload and a significant period of staff illness. During and after this period of staff illness the Area Team Leader has personally processed a significant number of applications which has kept the downturn from being significantly greater. • Unfortunately due to a combination of factors the Mid Argyll, Kintrye and Islay Area Team have slipped below the 90% target for householder applications. The Mid Argyll, Kintyre and Islay Area Team whilst processing 86% within two months, a shortfall of 4%, it does represent an increase of 9% over the last six months and should therefore be seen in the context of this background.

5.12 There is now a full staff compliment in the Mid Argyll, Kintyre and Islay Area Office for the first time for a considerable period, which is again showing through in the last three months, whereby 62% of mainstream applications have been dealt with within two months which is an increase of 5% over the previous three months. Like the Oban, Lorn and the Isles area, the Mid Argyll, Kintyre and Islay area continues to have a large workload, which has major economic benefit to the Council Area. This does however stretch staff and any illness or absence does have an impact on service delivery. This said hopefully continued improvement can be made over the next six months by concentrating on householder applications which should also show overall improvements to all application processing.

6. ENFORCEMENT ACTIVITY

6.1 Bute and Cowal Page 211

The move towards a more proactive enforcement regime is reflected in the number of cases being successfully resolved by the department. In this last six months 26 new enforcement cases have been investigated resulting in the submission of 8 retrospective planning applications, the current caseload stands at 61 live cases. In some instances it has been necessary to serve a formal notice, in other cases successful results have been achieved through constructive discussions and negotiations with interested parties. This has included the serving of a Stop Notice in conjunction with an Enforcement Notice to cease the unauthorised use of land at Pilot Street, Dunoon as a site compound by Scottish Water and Bi-Water Leslie, indeed this is the first time the Council has served a Stop Notice. The serving of such a notice should be considered in the future at other sites where amenity is being seriously compromised. In total three Enforcement Notices, one Breach of Condition Notice and a Planning Contravention Notice have been served over the last six months. However the department has achieved marked successes without taking formal action, indeed a gap site in John Street, Dunoon that has been cleared of all waste materials and a derelict van following constructive negotiations with the owner.

6.2 In addition an improved strategic monitoring programme throughout the area has reduced the number of developments that have commenced in breach of suspensive conditions and this is reflected in the number of Breach of Condition Notices served, such notices should only be served as a last resort. One such notice has been served in the last six months compared to five during the previous twelve months.

6.3 Helensburgh and Lomond

Enforcement activity over the last six months has been busy in terms of the overall number of cases looked at and resolved, although light in terms of the number of actual formal notices served (apart from Planning Contravention Notices). This reflects the general approach of attempting to resolve matters before taking formal action. Emphais is also placed upon visiting sites as quickly as possible to signal the Council’s ability to respond to complaints and “nip problems in the bud”. Works on sites where allegations occur are monitored closely thereafter. Proactive monitoring also takes place to ensure that conditions are discharged properly.

6.4 Failure to comply with Planning Conditions has indeed been the dominant issue arising from Enforcement in this area over the last six months, if not longer. For example, earlier this year a Breach of Condition Notice was served on a hot food takeway (“Chipuccino”) operating outside of the conditioned hours. Complaints were received in the summer of a failure to comply with the requirements of the Breach of Condition Notice. A Planning Contravention Notice confirmed that there had been a breach, and that thereafter the owner would comply with the conditions to stave off the possibility of legal action. The problem has not returned but clearly this is a business that will require occasional monitoring. Scottish Water’s failure to comply with a condition to provide an upgraded automatic rail crossing at the Waste Water Treatment Works south of Ardmore has been reported to Committee twice and has been the key “strategic” issue. A Breach of Condition Notice has been drafted in conjunction with Legal and Protective Services and this is in the process of being served.

6.5 The workload has also increased through the submission of retrospective applications – many of which need to be reported to Committee due to their contentious nature. This has taken time away from enforcement activity although obviously it is a necessary part of the overall process. Currently there are about 80 “live” enforcement files on specific cases. Page 212

6.6 Oban, Lorn and the Isles

Following the appointment of a new Enforcement Officer on 4th July 2005, enforcement activity in the Oban area has increased significantly. Rather than being simply reactive and sporadic, a new system for dealing with complaints and monitoring conditions, as well as an element of proactive monitoring, has been set in place. It is in its early stages, but results to-date are promising and retrospective applications have increased significantly.

6.7 In terms of the workload, there have been approximately 40 new enforcement cases opened since the arrival of our new officer – the vast majority of which have been in response to complaints from Members of the public. It was deemed important to respond to all valid complaints, register them on the Uniform system, and make site visits early on in the investigation process to provide the public with a visible sign that Enforcement was being addressed and instil confidence.

6.8 These 40 new cases are in addition to open-on-going investigations which currently number approximately 55. The Enforcement Officer’s immediate task on arrival was to rein in the backlog to a manageable size and close cases that remained open unnecessarily. Existing cases were visited, assessed, and where necessary closed. To-date approximately 45/50 cases have been progressed to a stage where they can be closed.

6.9 A sizable number of open cases remain unattended due to the sheer number of investigations caught up in the backlog, however these are steadily being dealt with and that is hoped to have those cleared by February/March 2006.

6.10 The sheer size of the caseload (currently in the region of 95), even with half of the backlog having been addressed, is of concern. However, it is vital that alternative ways of coping in the future must be considered so as to avoid similar repeat situations. Enforcement and Monitoring are key components in the Development Control process and their success ensures conditions are met and development managed.

6.11 Monitoring responsibility has now been divided between the Enforcement Officer and the two Technicians. This will not only ensure conditions are monitored regularly, but free up capacity for the Enforcement Officer to address other parts of his portfolio.

6.12 Key issues have included addressing residential caravans as a particular priority, and success achieved in a number of cases through the service of enforcement notices; 2 caravans being removed on Tiree at Crossapol, 1 caravan removed in Oban and are hopeful of success with an appeal at Kilmelford Yacht Haven.

6.13 Additionally, following a number of complaints a survey/review of all residential caravans on the Isle of Tiree has been undertaken to establish which caravans have permission and which are in breach planning control. This will enable a scheme to monitor further caravans on the island to be put in place and deal with any currently in breach. All caravan locations have been plotted.

6.14 There has also been a growing number of complaints relating to decking and similar structures. Guidelines for dealing with decking enquiries have been drawn up for use.

6.15 Perhaps the biggest responsibility is the strategic monitoring of quarries and wind farms. The Enforcement Officer has now examined the consent files for all of the Page 213

main quarries and is developing a strategy for future monitoring. This will include environmental monitoring, tonnage/extraction figures monitoring and liaison with other agencies and consultants.

6.16 Mid Argyll, Kintyre and Islay

Most enforcement cases within the Mid Argyll, Kintyre and Islay area can be considered routine and relatively minor in nature, with no pattern of any particular type of breach being apparent. A significant proportion of these have arisen as a result of development monitoring (which has been stepped-up of late), rather than as a consequence of complaints received from the public. The single issue of importance remains the extent of unauthorised habitation on the Lunga Estate at Ardfern. Following the outcome of an enforcement notice appeal earlier in the year, the Area Committee has agreed that the wider issue should be addressed by means of a study to be undertaken by consultants to determine the extent to which development has become lawful by virtue of the passage of time, the extent to which sites remain actionable, and the extent to which acceptable development opportunities may be identified on the estate to meet local housing needs. Consultants have recently been appointed and their study is due to be completed in March 2006.

6.17 Enforcement Activity/Procedures

6.18 The production of three monthly enforcement update reports for Members is beginning to show dividens by producing a clear work programme relative to enforcement. It is proposed to introduce a similar reporting tool for monitoring, although this may require further work to the current computer system.

6.19 The Enforcement Computer system is seen as a key element in the Council’s service, although is currently underutilised and requires greater development.

6.20 Similarly it is intended to develop regular meetings between Enforcement Officers to develop an Enforcement Strategy, Enforcement handbook and public guidance notes, although this has been delayed due to other Strategic pressures on the Development Control Manager.

7. EXIT QUESTIONNAIRES

The exit questionnaire continues to provide a limited (due to small returns) snapshot of public opinion on how we deliver the Development Control Service. During the last six months only 59 exit questionnaires were returned out of 960 decision notices, representing 6.1% of the feedback.

7.1 Of the results returned these were generally favourable with the following key concerns being raised.

• Concern over time taken to process applications. • Perceived lack of staff to deal with applications effectively. • Timescale for responding to queries with applications should be faster. • Concern that objectors to applications slow the process down. • Concern over the quality of the information provided by Area Staff.

7.2 In addition to the above there was also praise for the service and recognition that service delivery was improving.

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7.3 There was no specific area identified which is not covered by existing procedures. As such no new service delivery initiative has been identified.

8. SERVICE PLAN PROGRESS

8.0 The most significant step forward for the Development Control Service delivery is currently well underway by implementing a document management system and allowing applicants/agents/the public on-line access to track the progress of planning applications.

8.1 This initiative will have significant benefits to a rural population such as Argyll and Bute and in particular to Island populations. The Document Management system, will result in each application, consultation, representation and letter being scanned and flagged against its application including the relevant plans. This will mean that within the current computer application system it will be possible to view plans, application documents and letters etc. This document management system is due to be put in place early in the new year, although some accommodation issues may delay final implementation across the four decentralised areas.

8.2 Thereafter, it is intended to allow the “on-line” viewing of each application and plans through “public access” software. This will allow any member of the public to view the progress of any application including viewing the plans on-line via the Council web site. This will have significant benefits to the more remote population by avoiding the need for long journeys to view plans. It will effectively turn the current computer system from a “back office” recording system to a “front office” fully accessible system for the general public. In effect the progress of any application made, representations received will become fully transparent and accessible via the Council Web Site. It will also mean that any plans or representations as well as decisions can be immediately downloaded. It is anticipated that on-line viewing will be a place within a few months of the start of the next financial year.

8.3 This transition to document management and online viewing of applications is seen as a significant and important step in service delivery. Ultimately it is anticipated that applications will be able to be submitted on-line through a National “planning portal”. This final step towards on-line submission is currently a few years away and the subject of a Scottish Executive bid as part of modernising government.

9. EFFICIENCY MEASURES

9.0 As can be seen from the report, each area office continues to improve performance whilst dealing with a continued increase in applications. Application numbers have effectively increased by 50% since 2000. Whilst this has considerable economic benefit it does put pressure on the staff and systems.

9.1 In this regard new staff have been employed and staff structures altered in response to these changes and pressures. However, a number of “efficiency measures” can be put in place to reduce burdens on both Staff and Members of the Area Committees, resulting in better service delivery, improved performance and less valuable Officer time being spent on Committee report writing.

9.2 In this regard it is suggested that the following initiatives and targets be considered.

• Greater use of “blue reports” to speed up decision making, improve performance, reduce valuable Committee time being spent on applications, reduction of staff time spent on report writing. This would require a speedy turn round by Members with requests for applications to go to Committee being kept to an absolute minimum and only in “exceptional” cases. Page 215

• A consequent reduction on items presented to Committee with a target reduction of 33% of planning applications being presented to each Area Committee between January and April 2006. • The possible inclusion of a standard agenda item for “business days” to address and identify outstanding “blue-reports” to monitor progress towards reducing the Committee burden. • A revised Committee report format that aims to reduce the content of reports by up to 50%, particularly for mainstream householder applications. • Greater use of the current computer system for all types of report writing, including access to “standard conditions”. • Streamlined procedures for dealing with late representations.

10. CONCLUSION AND KEY ISSUES

10.1 Overall performance continues to improve, particularly over the last three months. Whilst it is difficult to predict performance over the next three months due to a great number of unknown variables, performance continues towards the various targets.

10.2 Continued concentration on householder applications will result in improvements overall as evidenced by the Oban, Lorn and the Isles recent improvements. Overall, the new staff structures will help speed the decision making process and allow the Development Control Manager to spend greater time and effort on strategic issues such as document management, on-line delivery of the service, improvements to the computer service, developing enforcement procedures, improving the consultation regime and streamlining procedures.

10.3 In terms of enforcement, the service is slowly turning form reactive to proactive with the introduction of monitoring. A number of key milestones have also been reached over the last six months by addressing the issues at Lunga, serving Stop Notices and proactive monitoring. In this regard it is proposed to introduce application monitoring reports on the back of the enforcement monitoring reports, but also to start up regular enforcement officer meetings.

10.4 Document Management and on-line viewing of applications will be a significant step forward in service delivery with the application process being fully transparent.

10.5 It is hoped that the introduction of various “efficiency measures” will improve service delivery and save both staff and Member time resulting in improved performance.

11. IMPLICATIONS

Policy: Continued monitoring and aiming towards improved levels and consolidation of performance is consistent with “best value” principals. The inclusion of “efficiency measures” and “continued improvement” objectives and “service plan” monitoring also emphasises the services positive response to “best value” principals.

Financial: The inclusion of efficiency measures that can be met from within budget, the existing staff resources and potentially save both Officer and Member time, meets Council objectives.

Personnel Again the stability of staff resource and staff retention is critical to the improvement of the service and the maintenance of service delivery arrangements, particularly as application numbers continue to rise. Decentralisation is especially vulnerable to staff change and turnover.

Page 216

Equal Opportunity None

Angus J Gilmour Head of Planning

Contact: Mr Neil McKay, Development Control Manager (01546) 604172

Page 217 Agenda Item 5q ARGYLL AND BUTE COUNCIL ALL AREA COMMITTEES

DEVELOPMENT SERVICES

REPORT ON BUILDING STANDARDS PERFORMANCE MONITORING AND SIX MONTHLY SERVICE PLAN PROGRESS FOR PERIOD ENDING 30/09/2005 COUNCIL WIDE AND DECENTRALISED AREA TEAMS

FROM HEAD OF PLANNING

1. SUMMARY

1.1 This paper outlines Building Standards performance with respect to processing building warrant and completion certificate applications in accordance with the previous requirements of Audit Scotland, which are detailed in Appendix 1. It should however be noted that this performance data is not required this year due to the introduction of new standards from 01/05/2005 and a move towards an improved series of indicators in the form of a Balanced Scorecard, possibly from 2006/7

1.2 The paper also compares and contrasts the performance of the four area teams, gives the overall average for the period 1st April to 30th September 2005 (figures shown in bold), comparative figures for the three previous years and lists the agreed Council and Audit Scotland targets.

1.3 In accordance with the Council’s Best Value regime this paper provides an update on service plan commitments/action plans and customer feedback reviews for Building Control

2. RECOMMENDATION

2.1 Members note the content of the report.

3. BACKGROUND

3.1 Members are aware that performance indicators were first introduced for Building Control in financial year 1997/98.

3.2 For financial year 2002/3 Audit Scotland changed the basis of the performance indicators to better reflect percentage achievement within Building Control authorities as set out in Appendix 1 to this report.

3.3 The following table compares the workloads and performance of the area teams and the overall council achievement against the Audit Scotland requirements for the issue of Building Warrants and Completion Certificates over the same six-month periods of years 2002, 2003, 2004 and 2005.

3.4 Numbers of applications have decreased slightly on the same period last year and it appears likely that applications this financial year will show an overall slight decrease on the 2121 applications lodged during financial year 2004/5.

3.5 Despite limited resources, and in particular qualified and experienced building control staff, the devolved nature of the service and an unpredictable pattern of development it can be seen that each area has contributed to a differing degree to the Council’s building control performance outcome.

f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc AREA TEAM COMPARATIVE PagePERFORMANCES 218 1st April to 30th September 2002 to 2005. Area No. of Warrants No. of Completions % Age response Average response % Age issue within % Age issue within 3 Rec’d. / Issued Rec’d. / Issued within 15 days to Completion 6 days days Certificates Bute & 184 181 105 105 92% 1.95 82% 69% 80% Cowal 230 188 104 104 81% 2..13 93% 244 155 90 90 79% 2.53 74% 57% 243 164 114 114 72% 2.4 days 59% 66%

Helensburgh 210 211 109 107 60% 2.52 73% 83% 93% & Lomond 200 157 133 133 72% 3.56 90% 292 197 164 164 51% 2.16 80% 89% 277 190 157 157 20% 4.5 days 59% 85%

Mid Argyll 220 218 185 185 81% 1.44 80% 89% 82% Kintyre/Islay 266 180 168 168 93% 1.32 95% 293 218 133 133 58% 1.58 95% 99% 265 219 170 170 84% 1.45 days 95% 100%

Oban, Lorn & 241 240 101 101 95% 2.71 95% 97% 96% Isles 280 206 110 110 87% 4.23 90% 315 183 117 117 68% 6.79 72% 83% 278 209 123 123 41% 5.9 days 83% 86%

All Areas 855 850 500 498 82% 2.16 83% 85% 83% 976 731 515 515 83% 2.69 92% 1144 968 504 504 63% 3.15 81% 85% 1063 846 564 564 54% 3.4 days 75% 86%

Audit Target 80% - 80% 80% Council 85% 3 days 85% 85% Target

3.6 Appendix 1 to this report sets the requirements of the Scottish Executive and Audit Scotland and clearly defines meanings for the actions and times. These figures are however a “snapshot” at that particular moment in time and are affected by any number of variables such as staffing, quality and numbers of applications, complexity or numbers of plots in an application, numbers of inspections required and location of particular sites. Audit Scotland has not specified a target number of days for a response to a completion certificate preferring to accept the statutory requirement that an application for a completion certificate be determined within 14 days and requiring that 80% be issued within 3 days.

The use of a fixed percentage at a time of increasing or increased application numbers can be misleading but can also be taken as a measure of continuing improvement. The geography of Argyll and Bute is also a major constraint and causes additional expense in achieving statutory requirements with limited resources to produce “best value” The availability of qualified and experienced staff has been a major factor in these results.

3.6.1 Bute and Cowal area offices responded to 72% of an almost similar number (243) of applications within 15 days, with numbers of applications for and issue of completion certificates increasing on the same period last year. The estimated costs of works of applications for building warrant during the period were £11.08m with 2 no. projects exceeding £1.0m. The average number of days to respond to an application for Completion Certificate reduced to 2.4 days, within the Council Target. The team results for the final two measured indicators have been affected by long term sickness of administrative staff and the logistics associated with a separate sub-office.

3.6.2 Helensburgh and Lomond area office responded to 20% of a reduced number of applications within 15 days, but this is accounted for by the high numbers carried forward from previous years and the high number of multiple plot developments requiring site and completion visits. Other matters which have resulted in the low performance is the number of request to regularise unauthorised works and a lack of pre-emptive management of the warrant processing. Building warrant applications decreased to 277, down 5%, and applications for and issue of completion certificates were also slightly down on the same period last year. The estimated costs of works of applications for building warrant received during the period were £24.29m with 4 projects f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc exceeding £1.0m. The averagePage number 219 of days to respond to an application for Completion Certificate has increased to 4.5 days. The percentage for issue of warrants within 6 days of all necessary information being received has fallen to 59% and though the issue of completion certificates has also reduced the Council target of 85% has been achieved. Members should note that efforts to improve processing times have involved minimising site visits and concentrating on desk duties (i.e. vetting plans). This is not a sustainable approach in the longer term as quality issues (i.e. compliance of plans during building works) may be affected. It is also intended that proactive management of the technical/administrative warrant processing is again investigated by the area team leader to eliminate delays. It is anticipated that with the new staff resource and the finalisation of the major multi-plot developments the current historical backlog of work will be overcome and with the implementation of the improvement measures the performance will improve.

3.6.3 Mid Argyll, Kintyre and Islay offices responded to 84% of a reduced number of applications within 15 days, building warrant applications fell to 265, down 7.8%, with applications for and issue of completion certificates increasing on the same period last year. The estimated costs of the works of applications during the period were £10.23m with 2 projects exceeding £1.0m. The average number of days to respond to an application for Completion Certificate reduced to 1.45 days. Both Council and Audit Scotland targets have been achieved in relation to the 2 final indicators. Overall Building Standards is performing well within this Area Team.

3.6.4 Oban, Lorn and the Isles area office responded to 41% of a reduced number of applications within 15 days, building warrant applications fell to 278, still above the average for the 4 areas, with applications for and issue of completion certificates increasing on the same period as last year. The estimated costs of the works for applications during the period were £22.2m with 3 no. projects exceeding £1.0m. The average number of days to respond to an application for Completion Certificate fell to 5.9 days and is explained by the increase in workload, non-availability of staff and concentration on applications for Building Warrant. One Council target and two Audit Scotland targets have been achieved, those relating to the issue of a completion certificate within 3days of final inspection and the issue of a building warrant within 6 days of receiving all necessary information. Members should recall that for the last 6 months of the previous year only 2 members of staff were in post following the departure of the previous senior in September 2004. This led to a carry-forward of applications which did not receive an initial vet within the targeted 15 days. It is likely to be some six months before the new staff members make inroads to the backlog although a number of applications have been vetted by staff from another area.

3.6.5 Argyll and Bute overall responded to 54% of applications within 15 days, building warrant applications in total fell to 1063, down 7.08%, with applications for and issue of completions up10.9% on the same period as last year. This has resulted, in the main from staffing difficulties across the various area offices of the Council and the continued high application workload.The total estimated costs of works for the Council area during the period were £86.66million with 11 projects exceeding £1million. The average number of days to respond to an application for completion certificate of 3.46 when rounded to the nearest whole number is 3 days, which meets the Council target. There is no specific Audit Scotland target for this indicator. The percentage of building warrants issued within 6 days of receiving all necessary information fails both Council and Audit Scotland targets. The percentage issue of completion certificates within three days of inspection meets the Audit Scotland target and the Council target of 85%. The percentage of responses within 15 days failed both Audit Scotland and Council targets. It is projected that the numbers of applications this year will be slightly less than last years total of 2121. Improved levels of performance are anticipated over the next six months as new staff develop into the job and historical backloads of outstanding casework are reduced. f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc Page 220

4 Exit Questionnaire Results

CUSTOMER SERVICES QUESTIONNAIRE 01.04.05 TO 30.09.05 Unacceptable Poor Acceptable Good Excellent Total % Total % Total % Total % Total % Q1: Was the manner in which your 0 0% 0 0% 8 16% 13 27% 28 57% enquiry/application received. Q2: Was the name taken to deal 2 4% 3 % 7 14% 10 20% 28 57% with your enquiry/application Q3: Was the level and quality of 0 0% 0 0% 8 16% 14 29% 28 57% information and advice given. Q4: Was the attitude of the case 0 0% 0 0% 5 10% 12 24% 33 67% officer who dealt with your enquiry/application Q5: Was the overall service 2 4% 0 0% 5 10% 13 27% 29 59% Total 4 3 33 62 146

• Small jobs like this one should not take as long as this. • Building Control Officer very helpful and knowledgeable. • Excellent service and very helpful. • None that matters but extra Building Warrant Officers to process applications.

4 SERVICE PLAN PROGRESS AND STAKEHOLDER CONSULTATION

4.1 Preparation and submission of quarterly performance and monitoring reports has been accomplished.

4.2 The preparation and submission of quarterly Statutory returns to the Scottish Executive has been achieved

4.3 The preparation and submission of Section 23 certificates to the Licensing Board has generally been accomplished within required timescales.

4.4 Accounts have been rendered to recover dangerous buildings costs and follow-up financial procedures have been unsuccessful in many cases. Lists for charging orders are in preparation. Legal advice on an inability to provide recorded delivery slips accompanying service of the original notices indicates it may be impossible to raise court actions and may even cause difficulty with charging orders. As a result of the recent legislative changes introduced by the Building (Scotland) Act on 01/05/2005 a new procedural document has been prepared and is subject to ongoing discussion with Finance and Legal sections.

4.5 No formal seminars or workshops have taken place but prior to resigning from the Council the area team leader in the Dunoon office held a small open meeting for agents from the Cowal area. A series of formal meetings is programmed starting with Mid-Argyll Kintyre and Islay Area in late November, Helensburgh and Lomond in January and Oban Lorn and Isles in March of 2006. If necessary, Bute and Cowal area will be revisited thereafter.

4.6 Progress has been made on the commitment to e-planning and information and downloadable forms are available on the Council’s web-site and preliminary work is ongoing relative to a new document management project for Building Standards and Development Management

4.7 The new members of staff are undertaking training programmes with attendance at university and college as appropriate.

5. CONCLUSION

5.1 Applications remain at a high level and although fee income is also higher there are costs associated with the employment of contractors for large projects and structural certification related to legislative requirements under the Building (Scotland) Act 2003. f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc 5.2 Overall the failure to meet targetsPage has been 221 arrested and it is intended that greater output will be obtained from the employment of additional staff and reducing historical backlogs of casework.

6. IMPLICATIONS

Policy In accordance with “Best Value” objectives

Financial: Additional fee income is necessary to fund service improvements and structural certification compliance

Personnel: Additional building standards staff appointed under a “grow your own” initiative will improve the service in the future. Equal Opportunity: None

Angus Gilmour Head of Planning Development Services

18.10.05 ACW/BC For further information Contact Gary Wilson Building Standards Manager.

f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc Appendix 1 Page 222

Building Warrant and Completion Certificate Applications Indicator 1: Building warrants and completion certificates. a) The percentage of requests for a building warrant responded to within 15 days. b) The average time taken to respond to a request for a completion certificate. c) The percentage of building warrants issued (or otherwise determined) within 6 days. d) The percentage of completion certificates issued (or otherwise determined) within 3 days.

Definitions The Scottish Executive has set national targets for the times to deal with building warrants and completion certificates. The new national targets are that: • 80% of applications for building warrants should be responded to within 15 days • The time to respond to a request for a completion certificate will continue to be the average time (working days). • 80% of building warrants should be issued within 6 days 80% of completion certificates should be issued within 3 days. (Part a) The time to respond to a request for a warrant is the period from receipt of a valid application by the council to the date of response to the applicant, which may include: • Issuing or refusing the warrant (warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should be recorded under this part of the indicator with the first response being the date of issue of the warrant. Part c) of the indicator has been amended to reflect this). • informing the applicant of statutory requirements not met in the initial application (i.e. the council, having carried out a full technical/procedural appraisal of the proposals will only then inform the applicant of all reasons why a build ding warrant cannot be issued). An acknowledgement letter or some other form of holding letter should not be used for the purposes of this part of indicator. The indicator measures the performance of the service not merely the administrative function, the service relates to the notification of the results of a full technical/procedural appraisal of the initial valid application. A valid application is defined as an application which is accompanied by plans and the prescribed fee. (Part b) The time to respond to a request for a certificate of completion or an authorisation of temporary occupation/use is the period from receipt of a formal application (form BA8) together with a duly completed Compliance Certificate for Electrical Installation (form BA9), if appropriate, to the date of an inspection being carried out to determine whether or not a completion certificate can be issued. A letter to the applicant requesting access does not count, however, in exceptional circumstances where sites are inaccessible or where properties are empty, a telephone call, calling card left or letter requesting access would be deemed as an authority’s first response. Final inspections carried out (prior to receiving the prescribed application form and or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against part d) of the indicator. (Part c) The time for issuing a warrant is the period from receipt by the council of all necessary information following notification to the applicant of reasons why a building warrant cannot be issued, together with an application which meets the requirements of the Building (Scotland) Act 1959, to the date of issue of the warrant. Where a building warrant application is accompanied by an application for a relaxation, the time to issue the warrant remains as stated in the definition. It is recognised that the period from receipt by the council of all necessary information will be the date following the statutory 14 day (approximately 10 working days) draft period which is allowed for representation. Warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should not be recorded because they will have already been recorded at part a) of the indicator. (Part d) The time for issuing a completion certificate or an authorisation of temporary occupation/use is the period from the date when the council is satisfied that the building work has been completed in accordance with the approved warrant as far as can be reasonably ascertained, and the council are in receipt of the prescribed application forms which meets the requirement of the Building (Scotland) Act 1959 to the date the completion certificate or an authorisation of temporary occupation/use is issued. f:\moderngov\data\agendaitemdocs\9\3\0\ai00025039\reportonbsperformancesixmonthlyserviceplanperiodending3009050.doc Final inspections carried out (prior to receivingPage the prescribed 223 application form and/or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against this part of the indicator. The time for issuing the certificate is the period from the receipt of the prescribed application forms which meets the requirements of the Building (Scotland) Act 1959 to the date the certificate of completion or an authorisation of temporary occupation /use is issued. Reporting Period Where the determination of an application for warrant or certificate of completion does not fall wholly within a reporting period, the information relating to that warrant application should be included in the reporting year in which the application is granted or otherwise determined. All periods should be measured in working days (excludes public holidays). ‘Building warrants’ is the total number of warrants issued or applications otherwise determined (i.e. includes withdrawn or refused applications) in the reporting year. ‘Certificates’ is the total number of temporary and final certificates of completion issued or otherwise determined in the reporting year. Temporary completion certificates should be counted for each occasion application received. Source Building standards records. Interpretation The extent to which councils prepare guidance to applicants on any deficiencies with any application for a building warrant following its submission may influence the time taken to respond to an application. In accordance with Building (Procedures) (Scotland) Regulations 1981, councils are required to either issue the completion certificate or notify the applicant of the reasons for not doing so, within a statutory 14-day (appox.10 working day) period of receipt of an application for a certificate.

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This page is intentionally left blank Page 225 Agenda Item 5r

ARGYLL AND BUTE COUNCIL December 2005

DEVELOPMENT SERVICES – ALL AREA COMMITTEES

REPORT ON “LATE” LETTERS OF REPRESENTATION TO AREA COMMITTEES

REPORT BY HEAD OF PLANNING SERVICES

1. INTRODUCTION

1.1 As Members are aware, letters of representation are made on planning applications quite literally up to the day of the Committee. This has caused concern to Members and Officials alike as there has been no set procedure to deal with these last minute representations.

1.2 Legitimate public concern on a planning application is a material planning consideration, although many points stated by the public raise “non-material” issues such as loss of view or property values or simply contain the applicants or agents view on the planning report. Dealing with representations late in the process can be both expensive and time consuming.

1.3 This report is intended to set out a procedure to deal with “late” representations, and the procedure has been agreed with the Director of Democratic and Legal Services.

2. RECOMMENDATION

2.1 It is recommended that Members agree:

(i) The “cut off” date for dealing with “late” letters of representation be the pre- agenda date that the application is initially accepted onto the agenda and

(ii) The procedure for dealing with “late” representations after the pre-agenda date be dealt with in paragraphs 3.2 to 3.4 below.

3. DETAIL

3.1 The following procedure should be adopted for dealing with any written or electronic representation on any planning or related application received between the relevant pre-agenda date and the date of the Committee deciding the application.

3.2 If in the opinion of the Planning Officer the representation raises no new planning issue, these will be collated and passed to the relevant Area Corporate Services Manager four days before the Committee. The Area Corporate Services Manager will issue on the 4th day before Committee a copy of the letters with an appropriate cover sheet to each Local Member by electronic/paper means. These letters will be subsequently noted in the Committee minute against each of the relevant application references.

3.3 For those representations that raise no new planning issues, in the opinion of the Planning Officer, which are received within four days of the Committee, will be collated and passed to the Area Corporate Services Manager on the morning of the Page 226

Area Committee. The Area Corporate Services Manager will copy these letters and distribute to Members on the day of the Committees. These letters will also be noted in the minutes and attached to the modern government version of the agenda after the meeting.

3.4 In the case of those representations that raise new planning issues, in the opinion of the Planning Officer, these will be the subject of supplementary reports, issued between the pre-agenda date and the Committee or at Committee if no time is available to write the report and distribute to members in time for the Committee meeting.

4. CONCLUSION

4.1 In order to avoid confusion and introduce consistency in dealing with “late” representations it has been considered necessary to introduce written procedures. Whilst these procedures will save resources both financial and manpower, they do not dilute in any way the importance or consideration of letters of representation, but simply allow the representations received late in the process to be dealt with in a consistent fashion.

5. IMPLICATIONS

Policy: Continued monitoring of the Development Control process to provide “best value” whilst considering material planning considerations.

Financial: The procedure will result in small savings by virtue of copying rather than reporting on some representations.

Personnel: Some small savings in relation to report writing.

Equal Opportunity: None.

Angus J Gilmour Head of Planning

Contact: Mr Neil McKay, Development Control Manager (01546) 604172

Page 227 Agenda Item 5s

DEVELOPMENT SERVICES Local Member - Cllr. A MacDougall PLANNING APPLICATION REPORT Date of Validity - 31st January 2005 OBAN, LORN AND THE ISLES Committee Date - 7 December 2005

10th November 2005

Reference Number: 05/00133/OUT Applicants Name: West Highland Housing Association Application Type: Outline Application Description: Proposed Affordable Housing Development Location: Land SW of village Hall, Bunessan, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Provision of residential dwellings on the site • Creation of access

The application is in outline form and therefore a number of detailed matters will not be assessed until the subsequent reserved matters application (should outline permission be forthcoming). It is proposed that the dwellings would be served by both existing public sewer and water mains

(B ) RECOMMENDATION

That outline planning permission is granted as a minor departure subject to the conditions as detailed below.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The application site is located to the west of the village of Bunessan, Isle of Mull. The site sits on a greenfield plot of land that is detached from the settlement between the area known locally as ‘Fountainhead’ and the shore front. While there is a degree of built form within the vicinity of the site, the character of the area is one of a transitional section of the landscape from the village to undeveloped countryside. Further to the west there is a substantial area of forest, although the site area does not encroach upon this. A variety of dwelling types can be found within the village, however, the nearest built form comprises mostly chalet style bungalows. Given the open nature of the site, there are extensive views from within both the village and across the bay from the north. The site falls within a Regional Scenic Area.

Being as the application is in outline form with no matters to be reserved at this stage, the main planning issues to be considered relate to the principle of residential development on the site, the visual impact of residential development on the character of the area, and the impact of the development on both local amenities and the amenities of residents of dwellings within the vicinity of the site.

Principle of Residential on the Site Within the 1985 Adopted Mull, Coll & Tiree Local Plan, the site is shown as being outwith the settlement of Bunessan and is therefore subject to the provisions of policy HO (6), when considering applications for new residential development. Policy HO (6) states that only small gap and infill sites, including ‘rounding-off’ for housing will be considered acceptable (subject to environmental and servicing etc. implications). While a specific number of units has not been suggested within the application, supporting documentation indicates that approximately 20 dwellings would be envisaged, considerably more units than would constitute the small-scale development stipulated by the Adopted Local Plan are likely to be built on the site. Being as the site is detached from Bunessan and does not relate to any existing development, residential development, therefore, cannot be considered favourably against adopted policy HO (6).

However, within the 2005 Argyll and Bute Finalised Draft Local Plan, the site is shown as forming part of a Potential Development Area (PDA) where capacity for new development, in this instance residential, is

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Page 228 acknowledged. PDA 6/10 (relevant PDA) has not been the subject of any representation within the public consultation period and consequently this PDA is considered to hold significant material weight in considering the merits of the proposal. Therefore, when considered against PDA 6/10, as a general principle residential development can be looked upon favourably on the site, subject to compliance with requirements of PDA 6/10 (which is subject of Structure Plan policies STRAT SI 1, STRAT DC 1 and Finalised Draft Local Plan policies LP ENV 1, HOU 1, HOU 2) and other design and environmental considerations. As detailed above, PDA 6/10 has been identified as being suitable for new residential development. It is stipulated that the area is capable of accommodating a mixed density development and 25% affordable housing. The applicant in this instance is a registered social landlord (RSL) and has specifically stated within the application title that the development is for affordable housing. Therefore the objective of 25% can easily be achieved through the development of this site alone. However, it is acknowledged that a potential constraint of the PDA is that it is in multiple ownership and thereby a coordinated approach to the complete development of the PDA may be problematic.

Nevertheless, as is detailed below, it is considered that this can be overcome through the careful conditioning of the permission.

Policy RUR (2) of the Adopted Local Plan provides 4 criteria against which to consider applications affecting Regional Scenic Areas, which provide a useful basis against which to assess the merits of this proposal.

Environmental Impact This application relates to just over half of the PDA while a second application (05/00120/OUT) relates to the remainder of the PDA. Both applications were submitted prior to the publication of the Finalised Draft Local Plan (and therefore PDA allocation). Potentially, this could be problematic when assessing the impact on the landscape character and amenities of the area. However, as the applications are both in outline form, and as no insurmountable objections have been raised by Consultees, it is considered that a favourable recommendation can be made subject to the imposition of suitable conditions that seek a more unified approach in assessing any subsequent reserved matters applications. As the site is so open and visible, it is imperative that good design practices are adopted to ensure the satisfactory development of the PDA. It is of some concern that this application, being the most detached from the village at present, is also the site that will likely be developed at the highest density thereby potentially creating an imbalance within the landscape. Attempts have been made to encourage a joint application covering the whole site. This has been problematic as the PDA is in separate ownership and complications through the funding mechanisms of this site mean that a co-ordinated approach is not possible. However, the topography of the PDA is such that it is considered that, provided a co-ordinated approach is adopted in considering the reserved matters applications, that a form (density, layout and design) of development could be achieved without adversely affecting the character and appearance of the area. The imposition of conditions relating to for example; the phasing of the sites, the use of single accesses serving the sites, landscaping and design statements would enable the planning authority to fully asses the impact of the development of the entire PDA. The intention and justification for this is in order that the resulting development of the entire PDA would not have an adverse visual impact on the landscape and would be befitting of a Regional Scenic Area.

Locational/Operational Need The Adopted Local Plan is considerably out of date and does not reflect the current demand for housing on the Isle of Mull. In preparing the current draft plan, areas, such as PDA 6/10 have been identified where existing settlements could expand to meet existing needs. The 2005 Mull and Iona Housing Market Study has identified a shortfall of affordable housing on the island and the releasing of this site for development by a registered social landlord (West Highland Housing Association) would provide a stock of housing that would go towards addressing this shortfall. The survey identifies that potentially 18 Social Rent units are required on the Ross of Mull alone and a total of 70 on the island as a whole over the next 5 years (source: 2005 Mull and Iona Housing Market Study). The development of the site for affordable housing would be consistent with, not only the findings of the above study, but also the objectives of SPP 3: Housing and SPP 15: Planning for Rural Development, which encourage that Development Plans should allocate sufficient land to meet housing requirements including affordable housing. SPP 15 further acknowledges that a flexible approach should be adopted in rural areas to allow housing requirements to be met. Hence, while PDA 6/10 has not been formally adopted, it has nonetheless been through the public consultation process and has not been the subject of any representations. Therefore, this PDA can be considered to hold weight that justifies a departure from the Adopted Local Plan that would enable a housing requirement to be met.

Economic Benefit The application does not propose that there would be a specific economic benefit and, other than if local builders undertake the construction of any subsequent units, it is difficult to asses the direct economic benefits of the development. While it is a subjective argument, the fact that granting permission would allow F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\5\3\AI00025359\133WRAC1011050.DOC 2

Page 229 for development of the site for affordable housing, would provide a housing stock on the island that could in itself have secondary economic benefits such as enabling people to remain and work on the island.

Infrastructure and Servicing Implications It is proposed that the development would utilise existing public sewage and water mains, which is the desired option for developments of this nature. However, in the absence of comments received from Scottish Water and, given the existing issues with regard to water supply on the island, it is recommended that a condition is imposed asking for details of the proposed water supply to serve the development to be submitted with any subsequent reserved matters application. The justification being to ensure that the development would not detract from the amenities of existing residents using the same supply through a loss of water. The Area Roads Manager has not objected to the scheme, subject to compliance with conditions relating to; access; visibility splays; roads being built to adoptable standards if more than 7 dwellings to be erected; surface water drainage; off-street parking and turning. All of these can be secured through the imposition of planning conditions. Therefore, subject to compliance with relevant conditions relating to servicing and infrastructure, it is considered that the development can be accommodated without adversely affecting the amenities of either the surrounding area or local residents.

Departure From Adopted Local Plan As detailed above, the application is considered to be a departure from the 1985 Adopted Mull, Coll and Tiree Local Plan. However, by virtue of the fact that the development is considered to be in accordance with the provisions of the 2005 Finalised Draft Argyll and Bute Local Plan (which has not been the subject of any representations), and therefore the Approved 2002 Argyll and Bute Structure Plan, the application does not need to be referred to the Scottish Executive by virtue of paragraph 5 of Circular 4/1997: Notification of Planning Applications.

(D ) CONCLUSION

For the reasons as stated above, it is recommended that a departure from the Adopted Mull, Coll and Tiree Local Plan is justified, and that outline planning permission is granted subject to compliance with the attached conditions.

Angus J Gilmour Head of Planning

Author: Alastair Close 01631 567961 Contact: Ian MacIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00133/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the undermentioned reserved matters before any development is commenced:

(a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Any subsequent application for the approval of reserved matters, as required by Condition 1 above, shall be accompanied by: i. a site layout plan at a scale of 1:500 showing the position of all buildings, roads, footpaths, parking areas commensurate with the size of dwelling it is to serve (distinguishing, where appropriate, between private and public places), garden areas, walls and fences and landscaping; ii. plans and elevations of each house (and where appropriate garage) types showing their dimensions and type and colour of external materials; iii. a landscaping plan at a scale of 1:500 showing the location, species and ground spread of existing and proposed trees, shrubs and hedges and shall indicate and vegetation to be retained, together with measures for the protection of any retained and proposed vegetation; iv. details of existing and finished ground levels, and finished floor levels in relation to a fixed datum, preferably ordnance datum; v. a design statement, which takes into account both the matters listed above and any other material justification for the nature of housing development that is submitted at the reserved matters stage. Such a statement shall include, but is not exclusive to, the relationship and response between the proposed development and the surrounding environment, both built and natural; vi. details of the phasing of the development

Any development subsequently granted planning permission shall thereafter be carried out in accordance with the approved reserved matters unless otherwise agreed in writing with the planning authority.

Reason: The application site falls within a Regional Scenic Area and is visible within the village setting of Bunessan. Therefore, the information as detailed above is required in order to ensure that the resulting development would not adversely affect the visual character of the area.

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5. Should the application to be submitted in respect of the reserved matters, as detailed within Condition 1 above, propose the erection of more than 7 dwellings, an application for a Road Construction Consent and appropriate Road Bond (unless applicant is exempt) shall be submitted to the Council, as Roads Authority, for the construction of the estate road that will serve the proposed development. Thereafter, the road shall be constructed to at least base course level prior to the first occupation of any dwellings as may be approved by the reserved matters application and shall be completed in accordance with the Road Construction Consent within 3 months of the first occupation of the 8th house to be occupied within the development or 3 months from the completion of the development, whichever is the sooner.

Reason: To ensure that the development is served by an appropriate road to enable emergency, amenity and other service vehicles, together with vehicle drivers who reside at the development and guests to access and travel through the site without causing congestion (thereby creating a hazard and inconvenience) to other users of the highway.

6. The application to be submitted in respect of the reserved matters, as detailed within Condition 1 above, shall show a single access that is in accordance with Roads Services drawing number NA/32/05/2a linking the development with the adopted public road, which runs along the southern edge of the site. The access shall be constructed in accordance with the approved details prior to the first occupation of any dwelling subsequently granted planning permission within the reserved matters application. In addition, the application to be submitted in respect of the reserved matters, as detailed in Condition 1 above, shall show a 2.4 metre wide strip (as measured from the back of the channel line of the adopted road) along the remainder of the boundary (outwith the access) with the adopted road that runs along the southern edge of the site. Prior to the first occupation of any dwelling subsequently approved within the reserved matters application, this strip shall be cleared and thereafter remain clear of all obstructions greater than 1.05 metres in height.

Reason: ation of numerous access points along the length of the site that would otherwise result in a high concentration of vehicles turning and manoeuvring in a hazardous way within the confines of the highway that would be to the detriment of the safety of other users of the highway. The standard of access required, together with the 2.4 metre strip is necessary in order to allow drivers of vehicles entering and leaving the site a safe means of access and egress together with clear lines of visibility in order to avoid causing hazards to other users of the highway through manoeuvring awkwardly within the confines of the highway.

7. The application to be submitted in respect of the reserved matters, as detailed within Condition 01 above, shall include full details of the proposed means of water supply to serve the development. Such details shall also include a report, prepared by a suitably qualified person, detailing the suitability, with regards to the quality and quantity of water available, of the proposed water supply to serve the dwellings hereby approved. The report shall also include, if necessary, any methods needed to improve the proposed supply. Thereafter, prior to the first occupation of the dwellings, the water supply shall be fully operational and constructed in accordance with the approved details, unless otherwise agreed in writing with the planning authority.

Reason: Insufficient information has been submitted with regard to the proposed means of water supply within the application and therefore it is necessary for the above details to be submitted for the consideration of the planning authority in order to protect the amenities of other existing users of any proposed supply.

8. Where garden areas for dwellings are shown as being under 90 square metres (if serving a 3 bedroom or more property) or under 50 square metres (if serving a 1 or 2 bedroom property), notwithstanding the provisions of Schedule 1, Part 1, Classes 1, 2, 3 and 5, or Part 2, Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order (or any Order re-enacting or revoking that Order with or without modification) none of the development as described within those classes shall be carried out without the written consent of the planning authority.

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Reason: The site lies within an exposed position within a Regional Scenic Area, control over development otherwise permitted by those classes, as detailed above, on smaller plots is therefore necessary in order to avoid the consolidation of domestic features, that would in turn result in a cramped arrangement of built form that would lead to an erosion of the visual character of the area.

9. The application to be submitted in respect of the reserved matters, as detailed within Condition 01 above, shall show provision of a means of disposal of surface water drainage from the site, which shall demonstrate that no surface water shall discharge on to the public road. Thereafter, any development subsequently granted planning permission following the consideration of the reserved matters shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the planning authority.

Reason: In order that no water discharges on to the public road, which would be to the detriment of highway safety by virtue of creating a hazard through water accumulating on the public road.

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APPENDIX RELATIVE TO 05/00133/OUT

A. POLICY OVERVIEW

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

2002 Approved Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

Encouragement shall be given, subject to capacity, to development in the settlements as follows:

A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

STRAT DC 8 Landscape and Development Control

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non-sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with:

1. National Scenic Areas 2. Historic landscapes with close links with archaeology and built heritage and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.

B) Enhancement to landscape will also be encouraged in association with development and land use proposals.

STRAT SI 1 Sustainable Development Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: a) maximise the opportunity for local community benefit;

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b) make efficient use of vacant and/or derelict brownfield land; c) support existing communities and maximise the use of existing service infrastructure; d) maximise the opportunities for sustainable forms of design, including energy efficiency; e) avoid the use of prime quality or locally important good quality agricultural land; f) use public transport routes fully and increase walking and cycling networks; g) avoid the loss of recreational amenity and open space; h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources; i) respect the landscape character of an area and the setting and character of settlements;

avoid places where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and avoid having an adverse effect on land, air and water quality

1985 Adopted Mull, Coll and Tiree Local Plan

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 6 The Council will continue to encourage the development of small gap and infill sites, including rounding off for housing in the following settlements:

Baile Mor (Iona), Bunessan, Craignure, Fionnphort, Pennyghael and Salen in Mull; Balemartine, Balevullin, Crossapol and Scarnish in Tiree; and Arinagour in Coll.

In Baile Mor, careful consideration will have to be taken of the special historic and scenic character of the village.

Informal Council Policy

Roads and TA 1 Private A road will be required for all development where there is to be a public right of Ways passage, unless the access does not connect directly to the public road.

TA 2 Local Plan allocated sites will normally be served by a road, unless exceptional circumstances as indicated in the Local Plan or site development brief apply. Special consideration is given to the circumstances at Croabh Haven and on the vehicle free Easdale Island.

TA 3 Individual driveways giving direct access on to a road do not require road construction consent, but a road opening permit is required where the access joins with a public road.

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.

TA 5

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This allows an existing private way to be used or extended to serve up to 2 new dwelling houses provided that the total number of dwellings served by the private way does not exceed 10.

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 72 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 be discouraged in the open countryside except where provision is made in development plans or there are special needs.

SPP 1 The Planning System Provides an overview of the land use planning system in Scotland under current arrangements. It sets out key principles and the Executive’s priorities for the system to guide policy formulation and decision making towards the goal of sustainable development. It: • outlines the purpose of the planning system; • indicates how planning can contribute to the Executive’s wider objectives; • sets out the main tasks for development planning and development control; • identifies the Executive’s expectations for an efficient and effective planning service; and specifies the performance targets that the Executive and planning authorities should aim to meet in carrying out their statutory responsibilities SPP 3 Planning for Housing Provides guidance on how the planning system can: • Create quality residential environments; • Guide development to the right places; and Deliver an adequate supply of housing land. SPP 15 Planning for Rural Development. Provides guidance on how the planning system can achieve selective and modest growth with rural areas to facilitate a prosperous rural economy.

(B) OTHER MATERIAL CONSIDERATIONS

(e) Site History

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None relevant. On adjoining site, also forming part of PDA 6/10, application 05/00120/OUT: Site for Residential Development. At time of writing, the status of the application is pending consideration.

(ii) Consultations

Response Date Comment Area Roads Engineer 16th June 2005 No objection subject to compliance with conditions. Scottish Environmental Protection Agency No Comments Received Scottish Water No Comments Received

(iii) Publicity and Representations

Advert Type : Article 9 Closing Date: 1st March 2005

Representations : No

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NOTE TO APPLICANT RELATIVE TO APPLICATION 05/00133/OUT

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

No objections subject to compliance with conditions relating to access, adequate visibility, roads consent if development comprises more than 7 dwellings, water surface drainage, parking and turning areas.

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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ARGYLL & BUTE COUNCIL OBAN, LORN & THE ISLES AREA COMMITTEE

CORPORATE SERVICES 7 DECEMBER 2005

EXTRACT OF MINUTE OF STRATEGIC POLICY COMMITTEE 3 NOVEMBER 2005

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997: BIENNIAL REPORT - NOVEMBER 2005

A report updating the Strategic Policy Committee on the current measures which have been identified and are being undertaken to mitigate the effects on flooding within the Council’s area was considered.

Decision

1. To note the progress to date;

2. To submit Table 1 in the report as a draft biennial report to the Scottish Executive by 30 November 2005;

3. That this report be submitted to each Area Committee at their December meeting so that they can look at updating the information contained within Table 2 of the report with a report back to Strategic Policy Committee in December;

4. That this report should include how and when funding will be identified for each project; and

5. That following the Strategic Policy Committee meeting a finalised biennial report be forwarded to the Scottish Executive.

(Reference: Report by Head of Transportation and Infrastructure dated 13 October 2005, submitted)

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ARGYLL AND BUTE COUNCIL STRATEGIC POLICY COMMITTEE

DEVELOPMENT SERVICES 3rd NOVEMBER 2005

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997 BIENNIAL REPORT – NOVEMBER 2005

1. SUMMARY

1.1 The purpose of this report is to update the Committee on the current measures which have been identified and are being undertaken to mitigate the effects of flooding within the Council’s area.

2. RECOMMENDATION

2.1 The Committee is asked to note the progress to date and to approve the current proposals to deal with the problems identified, within the powers of the Council.

3. BACKGROUND

3.1 Funding has been allocated for flood prevention works from the Miscellaneous section of the Capital Budget since 1999/2000. Over the financial years covered by this report the funding has been £318,000 for 2003/04, £433,000 for 2004/05 and £316,000 for 2005/06.

3.2 There is also an allocation of £25,000 each year from the Revenue Budget for maintenance works in each of the four Council areas.

3.3 Table 1, enclosed with this report, details progress on the various schemes over the last two years since the last biennial report in November 2003.

3.4 Table 2 details flooding incidents which have been reported by Area Managers since November 2003. The table indicates that the period with the worst flooding incidents over the last two years was August 2004 when exceptional periods of rainfall occurred. Between 1999 and 2005, the Council has invested nearly £1.8m for the construction of drainage improvement schemes at locations throughout the Council area and this has helped to reduce the number of regular flooding incidents reported.

3.5 The construction of the Rothesay Flood Prevention Scheme was successfully completed in September 2004 and was officially opened by Ross Finnie, the Minister for the Environment and Rural Development in January 2005.

3.7 The consultation processes for both the Kilbride Road / Milton Burn schemes in Dunoon have taken much longer than expected. It is hoped to have the Kilbride Road scheme confirmed during this financial year with Milton Burn following early in 2006/07. Page 244

3.8 With the introduction of prudential borrowing in April 2004, the Council is no longer granted additional borrowing consent by the Executive to cover it’s contribution to the cost of flood prevention schemes. However, in early 2005, the Executive announced that the level of grant aid was to be raised to 80% with the Council now only needing to contribute 20% of the project cost of major schemes via their Capital Budget.

3.9 Only minor progress has been made in the preparation of a watercourse register since the last report due to the commitment of staff resources to the progression of both major and minor schemes on the ground. However, it is intended to address this situation at the start of 2006/07.

3.10 We are currently in the last year of the approved three programme of flood prevention works and have asked Area Managers to update their priorities for schemes over the next few years. A further report will be brought to the Committee in early 2006 to seek approval for future schemes and confirm the Council’s continuing commitment to investment in flood prevention projects.

4. IMPLICATIONS

4.1 Policy – None

4.2 Financial – Grant of up to 80% is available for suitable large scale flood prevention schemes.

4.3 Personnel – None

4.4 Equal Opportunities – None

4.5 Legal - The Council has discretionary powers under the Flood Prevention (Scotland) Act 1961 to undertake capital works necessary to mitigate the effect of flooding on non-agricultural land.

The Council has a duty to maintain and assess watercourses under the Flood Prevention and Land Drainage (Scotland) Act 1997 and to report its findings.

For further information, please contact Craig Moir, Development Services, Transportation and Infrastructure, Helensburgh (01436 658850).

Dave Duthie Head of Transportation & Infrastructure 13 October 2005 Page 245

TABLE 1

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flood Prevention Schemes – November 2003 to November 2005

Scheme Flooding Cost Proposed Comments Problem Start

CAPITAL BUDGET Major Schemes

Rothesay Town Centre Major flooding of £1,770,000 Sept Works completed September 2004. commercial & 2003 residential properties

Kilbride Road, Dunoon Regular flooding of £600,000 2005/06 It is hoped to have this scheme commercial & confirmed in 2005/06 with a start to residential properties construction in 2006.

Milton Burn, Dunoon Regular flooding of £2,000,000 2006/07 Consultation process has taken commercial & much longer than expected. residential properties Confirmation likely in 2006.

CAPITAL BUDGET Minor Schemes (Drainage Improvement Schemes)

Schemes completed during 2003/04

Sommerville Place, Flooding of residential £115,000 Phase 2 of a previous scheme Sandbank properties involving replacement of culvert downstream of Sommerville Place

Alexander Street, Flooding of residential £25,000 Overtopping of watercourse and Dunoon properties inadequate intake to piped culvert

Duncan Cottages, Flooding of residential £40,000 Inadequate inlet and suspect piped Kilmun properties systems.

Schemes completed in 2004/05

Cragowlet, Cove Flooding of residential £35,000 Flooding caused by overloading of properties existing inadequate pipework.

Dalintart, Oban Flooding of residential £115,000 Flooding of residential properties properties and and gardens due to inadequate gardens surface water drainage.

Hillview Drive, Flooding of residential £20,000 Inadequate inlet and suspect piped Helensburgh property systems.

Schemes being progressed in 2005/06

Sandhaven, Sandbank Flooding of residential £55,000 2005/06 High volumes of surface water properties runoff from adjacent fields. Works due for completion November 2005. Antrim View, Port Ellen Flooding of £100,000 2005/06 Scheme has been delayed because commercial & of land negotiation problems. residential properties Design to be progressed 2005/06.

Carman Road, Flooding of residential £50,000 2005/06 Inadequate inlet and suspect piped Cardross properties systems.

Redhouse, Kintyre Flooding of residential £20,000 2005/06 properties

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TABLE 1

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flood Prevention Schemes – November 2003 to November 2005

Scheme Flooding Cost Proposed Comments Problem Start

Schemes Proposed for 3 Year Programme 2006 - 2008

Area Managers to submit their priorities for major and minor schemes by December 2005 and new 3 year programme to be prepared.

Extent of works and whether it is promoted as a formal flood prevention scheme will only be possible after a full investigation.

Midge Lane, Strone Flooding of residential £500,000 properties

Ardenslate / Marine Flooding of residential £300,000 Parade, Dunoon and commercial properties

McKinlay Street, Flooding of residential £200,000 Rothesay properties

Table 2

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal Date Location Problem Action Solution 09/08/2004 121, 160, 157 Alexander Partial blockage of culvert, drains not Debris removed Flood prevention Scheme, improved St, Dunoon coping with rainfall intensity resulting in A.M. header wall at top of John st now carriageway flooding complete 09/08/2004 6 Arran Park, Innellan Burn overflowing, flooding adjacent ground 09/08/2004 A815 St Catherines Landslide reported at 9:15am by police Crews in Road Depot attendance, removing debris etc by 10am 09/08/2004 C9 Lairds Grave, Police report of mud slide, trees down Crews in Page 247 Ardentinny attendance, removing debris etc by 10:30am 09/08/2004 A815, Invernoaden Severe carriageway flooding, road open to Capital reconstruction project 2005 HGV'S only at 10:20am 09/08/2004 A815, Robertson's Yard, Carriageway flooding due to partial blocked Road services have Better maintenance by landowner of Sandbank culvert, down to one lane by 10:30am been in attendance burn leading to culvert on more than one occasion 09/08/2004 B836, Dalinlongart to Carriageway flooding reported Crews in attendance Glen Lean Farm when resources become available 09/08/2004 Royal Brae, Innellan Culvert blocked, carriageway flooding Crew in attendance Better maintenance by landowner of threatening buildings. 10:45am burn leading to culvert

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 09/08/2004 Bullwood Road, Dunoon Carriageway flooding due to drainage Amenity services to Innellan unable to cope with rainfall intensity staff drafted in to clear side entry gullies from 11:15am 09/08/2004 Sandhaven, Sandbank Carriageway flooding, watercourses No resources Flood prevention Scheme Autumn blocked, properties threatened by 11:30am available at this 2005 Page 248 time, 11:30am 09/08/2004 Cowal Place, Dunoon Culvert blocked, carriageway flooding to Flood prevention Scheme, improved Alexander St, Alfred St, John St. header wall at top of John st now complete 09/08/2004 1, 2 Deer Park, Glen Flooding to properties due to suspected Masson blockage of culvert bridge. 09/08/2004 Stories Argyll Ltd drafted in to help distribute sandbags and supply of JCB and operator to assist in clearing landslides etc, 11:50am 09/08/2004 C9, Gairletter cottage Blocked culvert resulting in driveway being washed away 09/08/2004 A880, Midge Lane, Culvert Inlets blocked, flooding into Strone grounds of lochside properties 09/08/2004 A815, South of junction Landslide, road blocked. Storie JCB en route with A83 12:25pm 09/08/2004 Mona Cottage, North Flooding to garden grounds threatening P. Farrell to check Campbell Road, Innellan property attend 12:45pm

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 09/08/2004 John Brown Strone drafted in to help out - attending problems Midge lane, Strone and Stronachullin Farm C9 09/08/2004 Eton Ave, Dunoon Reports of severe flooding to ground Sandbags available adjacent to Glebe Burn, rupture of walls from 12:15pm 09/08/2004 A815, Clashmore, Flooding to grounds of properties caused N. Potts checking New culvert needed? Toward Straight by capacity problems. Innellan areas, crews heading south on Bullwood rd, Page 249 10:30am 09/08/2004 Ashton View, Alfred St, Garden grounds flooded, properties related to culverts in Flood prevention Scheme, improved Dunoon threatened. Alexander St and header wall at top of John st now Cowal Place. complete 09/08/2004 A885, Sommerville Flooding to church grounds, smiddy, etc Place, Main Road etc 09/08/2004 A815, Eckford Cottages, Flooding to adjacent grounds, drainage Benmore unable to cope. 09/08/2004 Elizabeth Ave, Dunoon Flooding to paved area around shop, gullies unable to cope 09/08/2004 12 Newton Park, Partial blockage of culvert. P. Farrell and Innellan Amenity operatives 1:00pm 09/08/2004 A815 straights between Blocked culverts resulting in carriageway Strachur and St flooding, 12:35pm Catherines

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 09/08/2004 A815, Cothouse River Echaig has burst its banks, flooding Caravan park across park 09/08/2004 B839 Moses Well Landslip has blocked road Drymsynie contacted and have machine en route 10/08/2004 Phase 2,Sandhaven, Mud -debris on carriageway - blocked 1:30pm result of Flood prevention Scheme Autumn

Sandbank drains - site visit am, residents advised of further heavy rain 2005 Page 250 our situation occupying all resources on main routes 10/08/2004 Deer Park, Glen Masson Reports of large logs jammed under bridge, Have to wait until Repeated problem in 2005, blocking watercourses. water level subsided watercourse assessment required to clear blockage 10/08/2004 C57, Old Glenbranter Bridge partially blocked with logs etc road 10/08/2004 A815, Lochend House, Blocked culvert, flooding to grounds, Sandbank threatening low lying gate house. 10/08/2004 C9, Craigholye, Hole appeared in road due to watercourse Ardentinny scouring. 10/08/2004 23, 25 Kilbride road, Stone Cundy broken, water coming over Dunoon wall, no apparent blockage. 10/08/2004 Arran park, Innellan Culvert partially blocked JCB required to remove 3 - 4 tonnes material

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 10/08/2004 Hall road, Lochgoilhead Problems at newly piped section - water blowing off manhole covers etc. Capacity rather that blockage problem. 10/08/2004 A815, Clashmore, Further reports of carriageway flooding and Crews to attend Toward Straight footway flooding. Drainage unable to cope. when available 11/08/2004 A815, UC 71, Eckford Kerb offlets blocked and silted up, possible Cottages, Benmore culvert blockage. 2:10pm 11/08/2004 Lillyoak, Park Rd, Gullies in car park blocked. 2:120pm Page 251 Dunoon 11/08/2004 C6, Auchengoil Verge pushed into ditch by traffic, water then running into garden and depositing silt. 2:15pm 11/08/2004 B8000, 6 miles north of Police report of road flooded. 2:40pm Tighnabruaich 11/08/2004 A880, Midge Lane, Ditch about to flood behind Cllr Marshall's Strone house. 2:30pm 11/08/2004 UC 19, Couston Rd, Culvert Blocked, road surface lifting B. Fitzpatrick Colintraive investigating 3:10pm 11/08/2004 94, 114 Sandhaven, 999 Emergence response. Houses being Amenity helping Flood prevention Scheme Autumn Sandbank flooded out deploy sandbags, 2005 3:15pm 11/08/2004 A815, Sandbank road Severe carriageway flooding between Broxwood and post office.

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 11/08/2004 UC 19, Couston Rd, Road passable with extreme care at Alt- Colintraive Na-Caig. Update from B. Fitzpatrick. 3:40pm 11/08/2004 A815, Clashmore, Severe carriageway flooding, request for Crews and signs will Toward Straight flooding signs. be deployed when they become available Page 252 11/08/2004 A815, Sandbank Culverts blocked at Robertsons Yard and Culvert partially Better maintenance by landowner of Holy Loch Inn. G. Craig advising from site cleared by 3:55pm, burn leading to culvert 3:30pm flooding subsiding 11/08/2004 A880, Midge Lane, P. Bryce advises that crew and machine en Strone route 3:45pm, crew on site 4:00pm 11/08/2004 A815, Bridgend Cottage, Drains around property blocked with rising Glenbranter. water threatening property 11/08/2004 C9, Lairds grave, Road passable with extreme care 4-5" Ardentinny water running over surface. 11/08/2004 White's Brae, Blairmore Report of blocked culvert resulting in flooding to properties at Portanstuck 11/08/2004 A880, Rhubeg, Midge 4:15pm, resident reporting blocked culvert. Advised that crew Lane, Strone are working at other end of midge lane and will attend when clear

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Bute & Cowal (cont) Date Location Problem Action Solution 11/08/2004 A815, Shore Rd, Debris on road at Matheson Lane Cleared once Innellan resources become available 01/10/2004 Sandhaven, Sandbank Ralf report at 18:34 of flooding at 54, 78, Road men in Flood prevention Scheme Autumn 103, 104 attendance 2005 01/10/2004 Hall road, Lochgoilhead Ralf report at 18:34 of flooding at new Road men in bungalows attendance Page 253 01/10/2004 B839 Report of flooding along road at various Road men in locations, passable with care. attendance 01/10/2004 A880, Kilmun 19:30 Report of flooding at forestry access. Road men in attendance 02/10/2004 6 Newton Park, Innellan Report of large cover missing on grass Complainant met verge and small burn flowing into culvert and advised that with unprotected sides. problem would be looked at

Note: Most of the flooding problems where due the exceptionally intense rainfall we had over 8th and 9th August 2004 and the fact that the existing drainage could not cope with the volume of water produced. The bulk of the drainage does cope with normal rainfall and is only a problem when we get exceptional rainfall.

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Helensburgh & Lomond Date Location Problem Action Solution Dec-03 Old School House, Flooding to property from carriageway Culvert cleared Channel block required Garelochhead Dec-03 Argyll Road, Kilcreggan Flooding to property due to run-off from Pipe cleared Joint to be replaced farmland Dec-03 Tigh Dearg Road, Flooding to property due to run-off from Pipe cleared Pipe to be replaced Kilcreggan farmland Jan-04 Tigh Dearg Road, Flooding to property due to run-off from Pipe cleared Pipe to be replaced Page 254 Kilcreggan farmland Mar-04 Argyll Road, Kilcreggan Flooding to property due to run-off from Pipe cleared Joint to be replaced farmland Mar-04 Tigh Dearg Road, Flooding to property due to run-off from Pipe cleared Pipe to be replaced Kilcreggan farmland Mar-04 Back Road, Clynder Pipe outlet blocked causing flooding to Pipe cleared Further investigation? property Apr-04 Old School House, Flooding to property from carriageway Culvert cleared Channel block required Garelochhead B833 Kilcreggan at Flooding to garden due to inadequate Ditching Rock excavation required Apr-04 Barbour Road ditching and run-off from farmland Jun-04 Muirend Road Flooding of garage due to blockage in Pipe jetted Outlet to be repiped outlet of pipe Aug-04 B833, Kilcreggan Garden and road flooded due to blocked Cleared n/a culvert Aug-04 Brookvale B833, Garden and road flooded due to blocked Culvert replaced n/a Kilcreggan culvert with new pipe

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Helensburgh & Lomond (cont) Date Location Problem Action Solution Nov-04 Back Road, Clynder Pipe outlet blocked causing flooding to Pipe cleared Further investigation? property Jan-05 Argyll Road, Kilcreggan Flooding to property due to run-off from Pipe cleared Joint to be replaced farmland Jan-05 122 West Clyde Street, Flooding to garden due to blocked pipe at Pipe cleared Private verge Helensburgh access Jan-05 Tigh Dearg Road, Flooding to property due to run-off from Pipe cleared Pipe to be replaced Kilcreggan farmland

Jan-05 B833 Kilcreggan at Flooding to garden due to inadequate Ditching Rock excavation required Page 255 Barbour Road ditching and run-off from farmland Jan-05 Old School House, Flooding to property from carriageway Culvert cleared Channel block required Garelochhead Jan-05 Muirend Road, Cardross Flooding of garage due to blockage in Pipe jetted Outlet to be repiped outlet of pipe Garage flooding due to lack of outlet to Sandbags provided Installation of new outlet Feb-05 Main Road, Cardross channel blocks Feb-05 122 East Clyde Street Flooding to garden due to blocked pipe at Pipe cleared Private verge access Mar-05 B833 Kilcreggan at Flooding to garden due to inadequate Ditching Rock excavation required Barbour Road ditching and run-off from farmland Mar-05 Argyll Road, Kilcreggan Flooding to property due to run-off from Pipe cleared joint to be replaced farmland Apr-05 Golfhill Drive, Blocked piped culvert causing flooding to Cleared Grills to be installed? Helensburgh property and playing field Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Helensburgh & Lomond (cont) Date Location Problem Action Solution Jun-05 Main Road, Cardross Garage flooding due to lack of outlet to Sandbags provided Installation of new outlet channel blocks Jun-05 Muirend Road, Cardross Flooding of garage due to blockage in Pipe jetted Outlet to be repiped outlet of pipe Jun-05 Cedarwood Court, Flooding of car park due to blockage in Roots cut in pipe Excavation required Cardross pipe Jul-05 Henry Bell Street Blockage of culvert due to garden debris Culvert cleared Grid to be installed Page 256 Helensburgh Jul-05 East King Street, Properties flooded due to excess run-off Sandbags provided Gully outlet to be investigated Helensburgh from blockage at Henry Bell Street Sep-05 Near Dunavard Road Blocked inlet to pipe in private land Cleared by resident Survey required Garelochhead Sep-05 Chapelburn, Shandon Blocked inlet to culvert Cleared n/a Sep-05 Main Road Cardross Garage flooded due to leaves covering Cleared n/a gullies Garage flooding due to lack of outlet to Sandbags provided Installation of new outlet Sep-05 Main Road Cardross channel blocks Sep-05 Back Road, Clynder Property flooding due to lack of kerb Sandbags provided Raise kerbs upstand Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Mid-Argyll, Kintyre and Islay Date Location Problem Action Solution Aug / Oct West Bank Road, Debris blocking grilled inlet to culvert Debris cleared New culvert required 2004 Ardrishaig (Lock 4) causing flooding of properties and roads Aug / Oct Redhouse, Kintyre Under-capacity road bridge causes flooding Additional culvert proposed. 2004 Junction of B8001/ A83 of roads and four properties Drainage improvement scheme programmed for 2005/06 Millknowe, Problems associated with Sewerage Scottish Water have Additional outfall to sea required Campbeltown scheme and removal of surface water from prepared preliminary along Dalaruan Street and High combined system. design. Street.

Substantial flooding to properties in Page 257 Millknowe Aug / Oct Antrim View, Flooding of commercial and residential Additional outfall to Drainage improvement scheme 2004 Port Ellen, Islay properties including distillery sea required programmed for 2005/06 August A816 North of Serious flooding of carriageway with road Clearance of Regular maintenance of drainage 2004 closed to traffic on a number of occasions. drainage ditch ditch to avoid recurrence. adjacent to road

Table 2 (cont)

FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997

Flooding Incidents – November 2003 to November 2005

Oban, Lorn and The Isles Date Location Problem Action Solution Various Dalintart, Oban Flooding of roads and properties Drainage Effectiveness to be assessed on improvement works completion. being carried out in 2005. Nov / Dec Branksome Park, Oban Watercourse close to overtopping Owners instructed 2003 to remove sleeper bridges which were Page 258 obstructing flow 09/08/2004 Erray Road, Tobermory Debris washed downstream and blocked Improved intake culvert. Considerable flow of water screen installed flooded several houses 11,12/01/2005 Stephenson Street, Roads closed due to flooding caused by Emergency services Weather conditions were Ganavan Road and tidal surge and strong winds in attendance and exceptional. Esplanade, Oban sandbags supplied to properties 11,12/01/2005 A848 Tobermory Main Roads and adjacent buildings flooded due Emergency services Weather conditions were Street to tidal surge and strong winds in attendance and exceptional. Investigate raising sandbags supplied level of seawall. to properties

Page 259 Agenda Item 6c

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE OPERATIONAL SERVICES WEDNESDAY 7 DECEMBER 2005

CYCLING, WALKING AND SAFER STREETS

1. SUMMARY

This report asks members to approve proposals for cycling, walking and safer streets (CWSS.)

2. RECOMMENDATIONS

2.1 That the 2005/2006 funding for CWSS be used in Taynuilt to improve safety for primary school pupils walking up Mukairn Churchyard Road (School Brae.)

2.2 If land and design issues cannot be resolved the Area Manager be authorised to bring forward one of the alternative schemes.

3. DETAIL

3.1 The Council receives funding from the Scottish Executive under the heading of cycling, walking and safer street which can only be used for projects which improve the safety of pedestrian and cyclists, and which encourages more people to use these modes of transport. The allocation for this area is £35,000.

3.2 In 2001 a scheme was proposed to provide a footway along Muckairn Churchyard Road to improve the safety of children walking to Taynuilt Primary School. Part of the scheme was constructed by Argyll and Bute Council and the developer wishing to build houses on this road undertook to construct the balance. However a new developer obtained planning permission for a different layout which did not include a footway. A new layout will have to be designed in consultation with the primary school head teacher, and land agreement will be required. It is hoped this can be done in this financial year.

3.3 Alternative schemes which can be considered are the completion of the footway in South Shian Road, Benderloch or filling the gap in the Ganavan Road footway at little Ganavan.

4 CONCLUSION

4.1 There are alternative projects available to take advantage of this funding. I recommend that the Taynuilt scheme be given priority and that one of the other projects be brought forward if Taynuilt has to be delayed.

Area Roads & Amenity Services Manager 28 November 2005 Page 260

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