Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal Agus Bhoid

Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate Services Director: Nigel Stewart

22 Hill Street, Dunoon, Argyll, PA23 7AP Tel: 01369 704374 Fax: 01369 705948

26 January 2005

NOTICE OF MEETING

A meeting of the BUTE AND COWAL AREA COMMITTEE will be held in the QUEENS HALL, DUNOON on TUESDAY, 1 FEBRUARY 2005 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. MINUTES

(a) Minute of Area Committee of 19 January 2005 (Pages 1 - 8)

4. COMMUNITY SERVICES

(a) Education and Leisure Development Grant Scheme (Pages 9 - 14)

5. DEVELOPMENT SERVICES

(a) Planning Application 04/01164/DET, Scottish Water, Formation of access ways to buried septic tanks installation and ancillary underground structures, Land opposite Joppa House, Shore Road, Innellan (Pages 15 - 24)

(b) Planning Application Reference No: 04/02550/DET, Scottish Water Solutions, Formation of lay by (in association with application ref 04/01164/DET for buried septic tanks installation and ancillary underground structures) Land opposite Joppa House, Shore Road, Innellan (Pages 25 - 32)

(c) Planning Application Reference No: 04/02400/DET, Ms H Monteith, Erection of rear roof dormer with balcony, rear entrance porch and installation of three rooflights and domestic wind generator on rear rood slope, 4 Craigienure Flats, Shore Road, Innellan, Dunoon (Pages 33 - 40)

(d) Planning Application Reference No: 04/00971/DET, Mr and Mrs Moffat, Alterations and Extension of Tearoom/Dwelling to form Licensed Restaurant and Provision of Open Seating Areas on Pier, Criagmore Pier and Tearoom. Mountstuart Road, Rothesay (Pages 41 - 48)

(e) Planning Application Reference No: 04/02131/DET, Mr & MRs G Ellis, Amendment to Planning Permission 03/00109/DET (Alterations to development footprint, garage layout and access provision), Land North West of The Sheiling, Portavadie, Tighnabruaich (Pages 49 - 56)

(f) Delegated Decisions (Pages 57 - 66)

6. CORPORATE SERVICES

(a) Partnership with Dunoon and Cowal Marketing Group (Pages 67 - 68)

7. EXEMPT ITEMS

E1 (a) Tree Preservation Orders (Pages 69 - 72)

E2 (b) Enforcement Report (Pages 73 - 76)

E3 (c) Moat Community Education Centre, Rothesay (Pages 77 - 78)

EXCLUSION OF THE PRESS AND PUBLIC 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 paragraph is:-

E1 - E2 - 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.

E3 - Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

BUTE & COWAL AREA COMMITTEE

Councillor Brian Chennell (Chair) Councillor Douglas Currie Councillor Robert Macintyre Councillor Bruce Marshall Councillor Gordon McKinven Councillor James McQueen Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh (Vice-Chair)

Contact: George McKenzie, Area Corporate Services Manager This page is intentionally left blank Page 1 Agenda Item 3a

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY on WEDNESDAY, 19 JANUARY 2005

Present: Councillor B Chennell (Chair)

Councillor D Currie Councillor R Macintyre Councillor B Marshall Councillor L Scoullar Councillor G McKinven Councillor I Strong Councillor J McQueen

Attending: George McKenzie, Area Corporate Services Manager Eilidh Headrick Area Committee Services/Information Officer Alan Lothian, Area Roads & Amenity Services Manager Phil O’Sullivan, Senior Development Officer John Bone, Senior Building Control Officer John Duncan, Area Social Work Services Manager Andy Ewan, Principal Library & Information Services Officer Caroline Sheen, Trainee Estates Surveyor

1. APOLOGIES

An apology for absence was intimated on behalf of Councillor Walsh.

The Chairman welcomed Members to this first meeting of the new year and on behalf of the Committee he extended congratulations to Councillor Currie on his award on an MBE in the New Year Honours List.

Councillor Strong advised the meeting of the death of the former Depute Lieutenant Col. T Lamb. The Committee recorded its condolences to his family.

The Chairman intimated that there was one additional item of business for the meeting, Firth of Clyde Forum report which he was prepared to accept as urgent. Having received the assent of the Members of the Committee he advised that it would be considered at 7m on the agenda.

2. DECLARATIONS OF INTEREST

None

3. MINUTES

(a) MINUTE OF AREA COMMITTEE OF 7TH DECEMBER 2004

The minute of the Area Committee meeting of 7th December 2004 was approved as a correct record.

Page 2

4. COMMUNITY SERVICES

(a) SOCIAL WELFARE GRANT APPLICATION

The Committee considered a report by Area Social Work Service Manager regarding the Social Welfare Grant Application 2004/05

The Committee agreed as follows:-

Social Welfare Grant Project Cost Grant

Kyles & District Elderly Forum £200 £100

Argyll & Bute CAB £4849 £1147 (With condition that the money was to be expended specifically in the Cowal Area).

(Reference; Report by Area Social Work Service Manager – submitted)

(b) CULTURAL STRATEGY

The Committee considered a report by the Head of Community Regeneration on the Cultural Strategy.

Decision

The Committee noted the report meantime pending a further update on this matter.

(Reference; Report by Head of Community Regeneration, dated 15 December 2004 – submitted)

5. CHIEF EXECUTIVE

(a) CORPORATE PLAN MONITORING

The Committee considered a report by the Head of Corporate Policy on Corporate Plan Monitoring.

Decision

The Committee agreed to the contents of this report but noted the omission of the following:-

1. Dunoon Breakwater Buildings 2. Dunoon Pier’s Victorian Buildings

(Reference; Report by the Head of Corporate Policy, dated 17 December 2004 – submitted) Page 3

Members expressed their concern on the lack of progress on the Queens Hall, Dunoon and Rothesay Pavilion. Further it was stated by all Members that until development/upgrade plans are progressed there was a need for urgent repairs and maintenance in both buildings in order that the buildings as a whole or in part would require to be closed due to their current condition.

6. OPERATIONAL SERVICES

(a) BUTE AND COWAL CAPITAL BUDGETS

The Committee considered a report containing proposed projects for Capital Receipts and Infrastructure Monies.

Decision

The Members approved the proposed expenditure as detailed in the report subject to the Bute expenditure at paragraph 3.2 being amended to include expenditure of £1,500 for an electrical panel at Ardencraig Gardens with a reduction of the same amount from the replacement shelter at Craigmore expenditure to £6,488.

(Reference; Report by Area Road & Amenity Services Manager dated 12 January 2005 – submitted)

7. DEVELOPMENT SERVICES

(a) HITRANS/WESTRANS FUNDING OPPORTUNITIES

The area committee considered a report detailing schemes which could be promoted with Hightrans or Westrans in the event that funding opportunities arise through these Partnerships.

Decision

The Area Committee agreed in general to the lists of Schemes subject to the following amendments:

Quick spend schemes – windfall money – Bute and Cowal

Project 39 – West Princess Street & Store Lane, Rothesay – Safety Benefit amended to a factor of 10, Overall Score increased to 19.

Future Strategic Schemes as Proposed by Area Committees

Project 17 – Port Ann/Otter Ferry – Bute and Cowal Area Committee did not propose and do not support such a scheme.

Project 23 – Dunoon Pier – Strategic Importance factor increased to 10, HITRANS Score increased to 5, Overall Score increased to 37.

Page 4

The Area Committee stressed that the retention of Dunoon pier is a Cowal priority.

HITRANS/WESTRANS Quick Spend Schemes 2004 – 2005

List approved as submitted

Area “waterfront” type schemes

The Dunoon Seafront/Waterfront Development should be included in these submissions.

(Reference; Report by Head of Transportation & Infrastructure, dated 24 November 2004 - submitted)

(b) REPORT ON BUILDING CONTROL PERFORMANCE MONITORING AND SIX MONTHLY SERVICE PLAN PROGRESS

A report was submitted detailing Building Control Performance Monitoring and Six Monthly Service Plan Progress.

Decision

The Area Committee noted the information contained in the report and commended the Senior Building Control Officer and his Department for their outstanding performance.

(c) REPORT ON SIX MONTHLY DEVELOPMENT CONTROL PERFORMANCE COUNCIL WIDE AND DECENTRALISED AREA TEAM PERFORMANCE APRIL 2004 TO SEPTEMBER 2004

A report was submitted detailing Six Monthly Development Control Performance April 2004 to September 2004.

Decision

The Area Committee noted the information contained in the report and commended the Senior Development Officer and his Department for their outstanding performance.

(d) PLANNING APPLICATION REFERENCE NO: 04/01164/DET SCOTTISH WATER, FORMATION OF ACCESS WAYS TO BURIED SEPTIC TANKS INSTALLATION AND ANCILLARY UNDERGROUND STRUCTURES, LAND OPPOSITE JOPPA HOUSE, SHORE ROAD, INNELLAN

Decision

Continued to the meeting of 1st February 2005.

Page 5

(e) PLANNING APPLICATION REFERENCE NO: 04/01893/DET PRECEPT LTD, ERECTION OF NEW SECONDARY SCHOOL (INVOLVING DEMOLITION OF EXISTING), RELOCATION AND IMPROVEMENT OF ILLUMINATED SPORTS PITCHES AND FORMATION OF NEW VEHICULAR ACCESSESS AND CAR PARKING, DUNOON GRAMMAR SCHOOL, DUNOON

Decision

Continued with a recommendation that the application be determined by the Director of Development Services under delegated powers following the submission of a further report to all members of the Area Committee, providing always that satisfactory information from the applicant is forthcoming and all expressed concerns are suitably addressed, and without reference to the First Minister.

(f) PLANNING APPLICATION REFERENCE NO: 04/01753/DET PRECEPT PM LTD, CONSTRUCTION OF JOINT SECONDARY SCHOOL AND PRIMARY SCHOOL CAMPUS, ROTHESAY PRIMARY SCHOOL AND LAND TO THE WEST OF PRIMARY SCHOOL, HIGH STREET, TOWNHEAD, ROTHESAY

Decision

(g) PLANNING APPLICATION REFERENCE NO: 04/00965/OUT MR A KENNEDY, SITE FOR THE ERECTION OF A DWELLINGHOUSE, LAND LYING TO THE SOUTH OF ARDACHEARANBEG, GLENDARUEL

Decision

Continued

Councillor Macintyre left the meeting at this stage.

(h) PLANNING APPLICATION REFERENCE NO: 04/01977/OUT DRIMSYNIE CONSTRUCTION LTD, SITE FOR THE ERECTION OF 5 DWELLINGHOUSES AND ALTERATIONS TO VEHICULAR ACCESS, THE MEADOWS, TOWARD BY DUNOON

Decision

Refused in terms of the recommendations by the Head of Planning.

Page 6

(i) PLANNING APPLICATION REFERENCE NO: 04/02232/DET MRS M LOGAN, AMENDMENT TO PLANNING PERMISSION 03/01988/DET (EXTENSION TO RAISED TIMBER DECKING), WOODLEA COTTAGE, FERRY LANE, INNELLAN

Decision

Refused in terms of the recommendations by the Head of Planning.

(j) PLANNING APPLICATION REFERENCE NO: 04/02233/DET CALADH FUNERAL SERVICES, FORMATION OF REAR EXTENSION TO REPLACE EXISTING PORTACABIN AND THE PARTIAL, RETROSPECTIVE CHANGE OF USE OF PREMISES TO A FUNERAL DIRECTORS/CHAPEL OF REST (SUI GENERIS USE) 57 MARINE PARADE, KIRN , DUNOON

Decision

Approved subject to the conditions contained in the report of the Head of Planning.

(k) PLANNING APPEAL DECISION - SCOTTISH WATER, STRACHUR

The Committee noted the report of an appeal concerning Scottish Water, construction of new sewage treatment facilities, Strachur.

(l) DELEGATED DECISIONS

The Committee noted delegated development and building control decisions taken since the last meeting.

(m) FIRTH OF CLYDE FORUM

The Committee considered a report by the Chairman on a meeting held in Largs between Councillors in the Firth of Clyde area which recommended a further meeting be held to discuss common tourism/events management matters.

Decision

The Area Committee agreed that a meeting of tourist, appropriate event marketing groups and other interested bodies be hosted in Dunoon in investigate the merit of a joint initiative on Tourism and Visitor Event Management in the Firth of Clyde.

(Reference; Report by Chairman, dated 18 January 2005)

Page 7

EXCLUSION OF PRESS AND PUBLIC - MINUTES

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

8. EXEMPT ITEMS

(a) SALE OF GROUND, 60B EDWARD STREET, DUNOON

The Committee considered a report on the sale of ground at 60b Edward Street, Dunoon and agreed to the terms of the recommendation therein.

(Reference: Report by Director of Corporate Services, dated 24 December 2004 – submitted)

(b) ALLOTMENTS ROTHESAY

The Committee noted:-

1. The contents of the report and the action taken on this matter. 2. That a further updated report would be submitted in the immediate future.

(Reference: Report by Area Roads & Amenity Services Manager – submitted)

The Committee considered and agreed enforcement action as follows:-

04/00092/ENFHSH – No further action 04/00058/ENFOTH – Approved the action recommended in the report.

Page 8

This page is intentionally left blank Page 9 Agenda Item 4a

ARGYLL AND BUTE COUNCIL BUTE & COWAL COMMUNITY REGENERATION AREA COMMITTEE February 2005 Education and Leisure Development Grant Scheme Applications by Voluntary Organisations for Education and Leisure Development Grants 2004/2005.

1. SUMMARY

1.1 As part of the monitoring process for Grants to Voluntary Organisations an end of financial year local activity report is to be presented to the February meeting of each Area Committee (Policy Development Group on the Voluntary Sector – 17th November 2003.)

1.2 The Education Development Grant allocation for 04/05 was £26,267. At the April 04 meeting of the Area Committee, seven applications totalling £24,250 were agreed, leaving a balance of £2017. Six applications were agreed at the June 04 meeting fully expending the Bute and Cowal Education Development Grant allocation for 04/05.

1.3 The Leisure Development Grant area allocation for 04/05 was £22,300. Sixteen applications for funding from Leisure Development Grants amounting to £20,800 were agreed at the April 04 Area Committee. A further six applications totalling £1,500 were agreed at the June 04 meeting.

1.4 The attached summary sheets detail the grants awarded and the criteria applied.

2. RECOMMENDATIONS

2.1 The Bute and Cowal Area Committee is asked to:

Note the summary of expenditure for Education and Leisure Development Grants 04/05.

3. DETAIL

3.1 Voluntary Organisation Applications – Education Development Grants

Historically the Education Development Grant Scheme in Argyll and Bute has been utilised to encourage developments in the voluntary sector. Grants awarded to voluntary organisations have been to assist in providing services that compliment Council strategies and policies. This has generally supported staff costs, premises, training costs, equipment and other revenue costs.

Page 10

3.2 Voluntary Organisation Applications – Leisure Development Grants

The purpose of Leisure Development Grants is to aid events, sports and arts organisations to provide a development opportunity that will impact on and have a positive effect on community life in Argyll and Bute.

4. IMPLICATIONS

Policy This report meets the requirements of the Voluntary Sector review monitoring procedures established by the Policy Development Group on the Voluntary Sector.

Financial Grants awarded were met from the relevant allocation within the Community Service’s revenue budgets for Education and Leisure Development Grants in 2004/2005

Personnel There are no implications for the Council.

Equal Opportunities None

Legal The Council is required to ensure that applicants comply with the requirements to Scheme 9, Part 10 of the Children’s Act 1989 regarding registration and inspection of service provision.

Douglas Hendry Director of Community Services February 2005

For further information please contact Martin Turnbull, Bute and Cowal Area Community Learning and Regeneration Manager, Cowal Area Office, Edward Street, Dunoon, PA23 7PH. Tel: 01369 704669.

Education Development Grants – 04/05

Group Amount Amount Purpose of Grant Promoting Lifelong Community Supporting Requested Awarded Social Learning Capacity Personal Inclusion Building Development Argyll and Bute Volunteer Centre £1,700 £500 Key skills training for people involved in recruiting and √ √ training volunteers

Dunoon and Cowal youth Project £14,000 £12,500 Running costs of the project. The main item of expenditure √ √ √ √ is staffing

Cowal Youth Information Project £4918 £4,000 Project running costs including staffing and √ √ √ √

premises Page 11

Bute Youth Project £6,000 £6,000 Project staffing and running costs √ √ √ √

Ballochgoy Family Activity Group £850 £850 Running Costs and Equipment √ √

Bute Women’s Group £485.20 £400 To provide a programme of activities, trips and visits. √ √ √

Summer Playscheme Activities £2017 £2017 To provide financial assistance to five voluntary √ √ summer playschemes and one individual.

Leisure Development Grants – 04/05

Group Amount Amount Purpose of Grant Sports Arts Events Requested Awarded Kyles of Bute Golf Club £4,400 £1,000 To purchase grass cutting equipment √ Kirn Gala Committee £2,000 £2,000 Financial assistance towards the events annual running costs. √ Bute Outdoor Centre Kayak Club £750 £500 Towards cost of equipment and coaching to develop Kayaking √ Cowal Fiddle Workshop £3,815 £500 Contribution towards the cost of providing tuition. √ Bute Wheelers £200 £200 Running costs for annual Triathlon, Biathlon and Festival of Cycling √ Isle of Bute Jazz Festival £3,000 £3,000 Financial assistance towards running Page 12 costs of traditional Jazz Festival √ Cairndow Arts Project £311 £311 To offer a programme of arts-based events for children in and around √ Cairndow. Bute Live Ltd £3,000 £3,000 Financial assistance towards running costs of weekend long music and arts √ festival Bute Highland Games £2,000 £2,000 Financial assistance towards running costs of annual Highland Games √ Cowal Keyboard and Accordion £500 £500 To support the development of Workshop traditional Keyboard and Accordion √ music Strachur Memorial Hall Committee £1,267 £1,000 To upgrade and improve the hall staging √

Group Amount Amount Purpose of Grant Sports Arts Events Requested Awarded Cowal Community Events £5,000 £3,000 Summer entertainment in the Argyll Gardens, Thursday Night Live, a √ Country and Western Weekend and the Christmas Light Switch On Bute Highland Dance Festival £500 £500 Financial support to annual Highland Dance Festival √

Cowal Youth Theatre £1,000 £1,000 Financial assistance towards annual running costs √ Lochgoilhead Fiddle Workshop £14,185 £1,504 The provision of a traditional music education project and performances √ Colintraive and Glenderual £785 £785 To support the development of an Community Council annual walking festival √ Page 13 Bute Agricultural Association £1,000 £400 Towards running costs of annual Agricultural show √ Bute Bowling Association £800 £200 To support the provision of an open bowling tournament √ Cowal Sheepdog Trials £6,084.35 Nil To purchase equipment to hold trials √ Isle of Bute Sailing Club £1,989 Nil Alterations to disabled toilet facilities and purchase of four training dinghies √ Kyles of Bute Music Club £1,000 £200 To promote a series of 5 professional standard, quality, music events in √ Tighnabruaich Mount Stuart Contemporary Visual £9,000 £700 To develop a programme of Arts Programme contemporary visual arts, accessible to √ community groups, locals and visitors

Page 14 Page 15 Agenda Item 5a

DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity – 24th June 2004 BUTE AND COWAL AREA COMMITTEE Committee Date – 2nd November 2004

19th October 2004 Reference Number: 04/01164/DET Applicants Name: Scottish Water Application Type: Detailed Application Application Description: Formation of access ways to buried septic tanks installation and ancillary underground structures Location: Land opposite Joppa House, Shore Road, Innellan.

(A ) THE APPLICATION

Development

• Installation of two underground septic tanks • Insertion of underground manholes installation of underground pumping station • Erection of Kiosk (2 metres in height x 2 metres in width x 1 metre in depth)

Other operations • Use of existing informal lay by (outwith the site)

(B) RECOMMENDATION It is recommended that Members note that the proposed development constitutes “permitted development” under Class 43A of the Town and Country Planning (Scotland) General Permitted Development Order 1992.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The site currently comprises of a grassed area that is generally flat with a slight fall from the road to the shore. Three park benches are positioned within the site. The length of the site extends to some 60 metres. The Council owns the land.

The development involves a modest kiosk that extends to a height of 2 metres above ground and positioned underground would be two underground septic tanks, pumping station, distribution chamber and manholes. A sectional plan has now been submitted to demonstrate this and is so far as the existing ground profiles these would remain in tact. No service lay-by has been proposed for this particular application and the use of the current informal lay-by is not of an acceptable standard. This aspect would require a separate application for a formal service lay-by.

The Council, as Planning Authority cannot ignore the rights bestowed to Scottish Water by Parliament. Given that above development and the fact that the kiosk falls within the critical dimensions, all such works as “development” constitutes “permitted development.” This means as far as the Planning Acts and Orders are concerned, Scottish Water can undertake such works subject to the necessary, but separate agreement of the landowner, in this case the Council. No assessment on the planning merits is therefore required although a ‘note to the applicant’ would be forwarded.

Head of Planning Services Senior Planning Officer P. O’Sullivan 01369-70-8608 "In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164WRABOVEGROUNDACCESSCAHMBERSTOBURIEDSEPTICTANKSLANDOPPO SITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 16

NOTE TO APPLICANT RELATIVE TO APLICATION 04/01164/DET

i) The Council has determined this application on the basis of the information provided in the application form, submitted plans and the accompanying statement. Providing the works are undertaken in strict accordance with the information submitted, the applicant is advised that all the works are considered to be ‘permitted development’ in terms of Section 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, these include:

• Septic Tanks; • Control Kiosk; • Pumping Station; • Distribution chambers • Manholes

ii) Public Protection Service has powers under the Environmental Protection Act 1990 to remedy any environmental nuisance and the applicant should submit an odour and noise management plan including procedures to be followed in the event of an emergency.

It is strongly recommended that such a plan should be submitted prior to any works taking place on the septic tanks and associated infrastructure and agreement reached with Jo Rains, Senior Environmental Health Officer, Argyll and Bute Council, Hill Street, Dunoon (telephone Number 01369 703959).

iii) The use of the existing informal lay-by is not of a sufficient standard. A separate planning application is required for a formal service lay- by.

iv) Construction consent for any lay-by and a Road Opening Permit would be required in connection with the proposed works.

v) A system of surface water drainage is required to prevent water running of the road and to do would be contrary to Section 99 of the Roads (Scotland) Act 1984 that states that:

"(i) The owner and occupier of any land, whether or not that land is such as constitutes a structure over or across a road, shall prevent any flow of water, or of filth, dirt or offensive matter from, or any percolation of water through, the land onto the road."

vi) The removal and re-siting of the three benches and/ or other disturbance to the condition of the land requires the separate agreement of the Council. You are advised to discuss this matter with the Estates Department. vii) SEPA has previously advised that a pumping station will require consent from SEPA for an emergency overflow. Consent is required in terms of the Control of Pollution Act 1974 and the Urban Wastewater Treatment Regulations (Scotland) 1994. Regard should be had to Pollution Prevention Guidance Notes 5 and 6. viii) Scottish Water should be advised that 9 separate letter of representation have been received from local residents, together with views of south Cowal Community Council raising concerns regarding the proposed development. Further dialogue is encouraged.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164WRABOVEGROUNDACCESSCAHMBERSTOBURIEDSEPTICTANKSLANDOPPO SITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 17

APPENDIX RELATIVE TO APPLICATION 04/01164/DET

A. MATERIAL CONSIDERATIONS

(i) Site History

None

(ii) Consultations

South Cowal Community Council (detailed letter dated 12th August 2004). Concerns raised over visual aspect, system too close to the roadside and hope of future footpath being provided would be lost. Fear from residents that offensive odour will result. Further fear that area prone to storm damage resulting in raw sewage being discharged near their homes. Area is well maintained and considered a valuable attraction to visitors and tourists. Scottish water unable to guarantee that offensive odours will not result unknown whether septic tanks will be vented. Alterative site situated at the southern end of Sandy Beach would be more appropriate. Communication sheet forwarded including 20 questions raised by members at the public meeting held in Innellan.

SEPA: Views awaited.

Area Roads Manager: Written views awaited. Meeting with Scottish Water on 19th October 2004 -verbally advised that the use of the current informal lay-by is not of an acceptable standard. (This aspect would require a separate application for a formal service lay-by).

Public Protection: Views awaited.

(iii) Publicity

Letters of representation have been received from Mary Morrison, Joppa house, Innellan (letter dated 20th June 2004); Maureen and Gordon Gray, Joppa House, Innellan (letter dated 19th June 2004); Shauna Crae Joppa house, Innellan (letter dated 14th September 2004); H Smith, 78 Shore Road, Innellan; Hugh Miller 74 Shore Road Innellan,(letter dated 2nd July 2004) Avril Jackson 74 B Shore Road, Innellan (letter dated 24th June 2004); N. Birtles 74A Shore Road Innellan, (letter dated 23rd June 2004); H. Smith 78 Shore Road, Innellan(letter dated 29th June 2004); Lorne T. Robertson, Gordonston, Shore Road, Innellan(letter dated 6th July 2004).

C REPORT

The application site is situated on the seaward side of Shore Road Innellan and is positioned opposite the properties Joppa House although this property is set back from Shore Road. The site currently comprises of a grassed area that is generally flat with a slight fall from the road to the shore. Three park benches are positioned within the site. The length of the site extends to some 60 metres. The Council owns the land.

The development involves above ground a modest kiosk that extends to a height of 2 metres that would be positioned within the heart of the site. Positioned underground would be two underground septic tanks, pumping station, distribution chamber and manholes would all be positioned underground. A sectional plan has now been submitted to demonstrate this and is so far as the existing ground profiles these would remain in tact and with the exception of the kiosk all the development is below ground. No service lay-by has been proposed for this particular application the submitted

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164WRABOVEGROUNDACCESSCAHMBERSTOBURIEDSEPTICTANKSLANDOPPO SITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 18

plans indicate the existing lay-by to be used although this somewhat informal lay-by lies outwith the site edged red. At a meeting with Scottish Water on 19th October 2004 it was advised that the use of the current informal lay-by is not of an acceptable standard, this aspect would require a separate planning application for a formal service lay-by.

The Council, as Planning Authority cannot ignore the rights bestowed to Scottish Water by Parliament. Given that the two underground septic tanks, pumping station, distribution chambers and manholes are all positioned underground, whilst the kiosk falls within the critical dimensions of Class 43A (ie must be less than 6 cubic metres, 2 metres in height, 3 metres and width or 1 metre in depth) all such works as “development” constitutes “permitted development.” This means as far as the Planning Acts and Orders are concerned, Scottish Water can undertake such works (subject to 28 days notice) and the necessary, but separate agreement of the landowner, in this case the Council. No assessment on the planning merits is therefore required although a ‘note to the applicant’ would be submitted.

In terms of the removal and the re-siting of the benches at the site this is a separate matter that should be best addressed between the Estates Department and Scottish Water, if ultimately agreement is reached between the parties.

In terms of any potential nuisance effect of the septic tanks and associated infrastructure if they materialise, the Public Protection Service have powers under the Control of Pollution Act 1974 and the Environmental Protection Act 1990.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164WRABOVEGROUNDACCESSCAHMBERSTOBURIEDSEPTICTANKSLANDOPPO SITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 19

DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity – 24th June 2004 BUTE AND COWAL AREA COMMITTEE Committee Date – 2nd November 2004

1st November 2004

Reference Number: 04/01164/DET Applicants Name: Scottish Water Application Type: Detailed Application Application Description: Formation of access ways to buried septic tanks installation and ancillary underground structures Location: Land opposite Joppa House, Shore Road, Innellan.

(A) SUPPLEMENTARY REPORT 1

(C ) ADDITIONAL REPRESENTATIONS

Further to the departments reports dated 19th October 2004, nine additional letters of representations were received today on 1st November 2004 from local residents raising a number of issues including neighbour notification issues, concerns of smells, emptying of the tanks, a culvert, contrary to policy, potential storm damage.

As advised in the report dated 19th October 2004, the facts remains that all such works as “development” constitutes “permitted development.” This means as far as the Planning Acts and Orders are concerned, Scottish Water can undertake such works subject to the necessary, but separate agreement of the landowner, in this case the Council. No assessment on the planning merits is therefore required although a ‘note to the applicant’ (as amended) would be forwarded.

Head of Planning Services

Senior Planning Officer P. O’Sullivan 01369-70-8608

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164SRABOVEGROUNDACCESSCHABERSTOBURIEDSEPTICTANKSLANDOPPOSI TEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 20

This page is intentionally left blank Page 21

DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity – 24th June 2004 BUTE AND COWAL AREA COMMITTEE Committee Date – 19th January 2005

10th January 2005

SUPPLEMENTARY REPORT 2

ADDITIONAL PLANNING APPLICATION (ref 04/02550/DET)

Members will recall that they were asked to note that this application (ref 04/01164/DET) constitutes “permitted development” under Class 43A of the Town and Country Planning (Scotland) General Permitted Development Order 1992.The application was ‘continued’ at the last Area Committee meeting on 7th December 2004 due to insufficient information being submitted with the application, particularly the absence of any vehicular by associated with the proposed development.

Following that meeting Scottish Water has formally submitted a fresh planning application (ref 04/02550/DET) for a vehicular lay by in connection with the buried septic tanks. This application was validated on 22nd December 2004 and to which letters of representation have been received. The application however requires to be advertised. This application may be placed before the next Area Committee meeting.

Head of Planning Services Senior Planning Officer P. O’Sullivan 01369-70-8608

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\2\1\AI00021121\01164SR2ABOVEGROUNDACCESSCHABERSTOBURIEDSEPTICTANKSLANDOPPOSI TEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 22

This page is intentionally left blank Page 23 Page 24

This page is intentionally left blank Page 25 Agenda Item 5b

DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity – 22nd December 2004 BUTE AND COWAL AREA COMMITTEE Committee Date – 1st February 2005

24th January 2005 Reference Number: 04/02550/DET Applicants Name: Scottish Water Solutions Application Type: Detailed Application Application Description: Formation of lay by ( in association with application ref 04/01164/DET for buried septic tanks installation and ancillary underground structures) Location: Land opposite Joppa House, Shore Road, Innellan.

(A ) THE APPLICATION Development • Formation of 2.50 metre wide tapered lay-by

• Other operations under application Ref 04/01164/DET that constitutes permitted development” under Class 43A of the Town and Country Planning (Scotland) General Permitted Development Order 1992 namely: • Installation of two underground septic tanks • Insertion of underground manholes installation of underground pumping station • Erection of Kiosk (2 metres in height x 2 metres in width x 1 metre in depth)

(B) RECOMMENDATION It is recommended that planning permission be granted subject to the following conditions and reasons and ‘note to the applicant’ set out overleaf, without recourse to an ‘informal hearing’ and subject to the application being referred to the First Minister upon the expiation of the advert period. In the event of any additional representations being received which raise any new issues prior to the expiry of the advertisement period (4th February 2005), that the decision be delegated to the Director of Development Services in consultation with the Chairman, Vice Chairman/Local Member prior to any referral to the First Minister.

C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

An application (Ref 04/1164/DET) for buried septic tanks installation and ancillary underground structures at the site was previously placed before the Area Committee with a recommendation that they were requested to note that such works constitute “permitted development” under Class 43A of the Town and Country Planning (Scotland) General Permitted Development Order 1992. Members more recently ‘continued’ that application at the Area Committee meeting on 19th January 2005.

No formal vehicular lay-by was indicated under application Ref 04/1164/DET. Scottish Water having previously indicated an informal parking area could be used where adhoc vehicular parking on a grassed area had taken place. This was unsatisfactory hence the submission of this separate application for a vehicular lay-by that was received on 22nd December 2004 and to date 11 letters of objection (10 of which are standard letters) have been received. The Area Roads Manager has raised no objections to the provision of the lay-by, in visual amenity terms is acceptable and is supported under locational/operational need of POL RUR 1 of the Cowal Local Plan.

Angus J Gilmour Head of Planning Services “In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 26

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/02550/DET

2. Prior to the first use of the vehicular lay-by full details including materials, dimensions and positioning of a signage shall be submitted for the prior written approval of the Planning Authority that shall provide details of signage to indicate the lay-by is required for use at all times by Scottish Water and their employees. Such signage, as may be approved, shall remain in situ in perpetuity at all times the lay-by is used by Scottish Water.

Reason: To enable access at all times in the interest of road safety.

NOTE TO APPLICANT i) The removal and re-siting of the three benches and/ or other disturbance to the condition of the land including landscaping requires the separate agreement of the Council. You are advised to discuss this matter with the Estates Department. ii) Construction consent for any lay-by and a Road Opening Permit would be required in connection with the proposed works. iii) A system of surface water drainage is required to prevent water running of the road and to do would be contrary to Section 99 of the Roads (Scotland) Act 1984 that states that:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 27

APPENDIX RELATIVE TO APPLICATION 04/02550/DET

A. MATERIAL CONSIDERATIONS

(i) Site History

(Ref 04/1164/DET) for buried septic tanks installation and ancillary underground structures at the site was previously placed before the Area Committee with a recommendation that they were requested to note that such works constitute permitted development” under Class 43A of the Town and Country Planning (Scotland) General Permitted Development Order 1992

(ii) Consultations

Area Roads Manager: (Memo dated 17th January 2005) No objections subject to conditions and advisory notes. Seating will have to be relocated which will be displaced by the works. Landscaping to be agreed to finish off the area behind the lay-by. Lay-by to drain away from the road with the provision of surface water. Applicant to provide signage if considered necessary for contious access.

(iii) Publicity The application has been advertised under Article 9 (Vacant Land) on the 21st January 2005 and as a result of neighbour notification procedures on 22nd December 2004. 10 standard letters of representation and one non standard letter of representation have been received have been received from M. Marshall Wyndham Bank, 67 Shore Road, Innellan (letter dated 24th December 2004); M.E Gower 70 A Shore Road, Innellan (letter dated 24th December 2004) Elizabeth Gower, 70 A Shore Road, Innellan (letter dated 24th December 2004): Joyce Kenniston, 70 B Shore Road, Innellan (letter dated 24th December 2004) Norma Birtles 74A Shore Road, Innellan (letter dated 22nd December 2004); A. Jackson 74 B Shore Road, Innellan (letter dated 23rd December 2004); Avril Jackson 74 B Shore Road, Innellan (letter dated 23rd December 2004); Lorne T. Robertson, Gordonston, Shore Road, Innellan(letter dated 5th January 2005); Tom McDermott 66 Shore Road, Innellan(letter dated 18th January 2005). Morag Hamilton 66 Shore Road, Innellan(letter dated 18th January 2005). Graham D.R. McDonald and Carol M.N. McDonald, Labrador, Shore Road, Innellan (letter dated 7th January 2005).

A summary of the grounds of objection is as follows:

i) This system is not a treatment system. The plans requests permission for storage tanks and pumps to be erected with the tanks having to be emptied on a regular basis.

Comment: This application is for a lay-by. It is for Scottish Water as the water authority to decide the appropriate level of treatment required and their obligations under the Urban Wastewater Treatment (Scotland) Regulations 1994.

ii) Systems in Campbeltown, Oban and Inverarary there are sever odour problems.

Comment: It is understood that there are not attributed to septic tanks installations but rather the sewer pipe network.

iv) Proposed system does not allow for new build nor does it incorporate any request for planning applications already submitted. Does not take account of proposals for future development in the local plan. If the system

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 28

as proposed for Innellan goes ahead the same problems will happen here and more tanks will be installed.

Comment: This proposed ‘development’ is for a lay-by. The draft local plans will the subject of further revisions. This aspect and any ‘live’ planning permission will be a matter for Scottish Water to adequately address. The current applications are based on existing demands and a requirement to meet the regulations.

v) Installation of three tanks spaces a short distance will spoil the coastline and destroy the village visually will become worse if the system has to be extended.

Comment: This proposed ‘development’ is for a lay-by. The installation of underground septic tanks and indeed the kiosk (subject to critical dimensions being met) of the accompanying application ref 04/01164/DET) constitutes ‘permitted development’ under Class 43A of the Town and Country Planning (General Permitted Development) Scotland Order 1992.

vii) As sewerage will discharge into the sea the proposed new system will not solve the pollution problem. Stronger E.U. Directives regarding sewerage treatment have already made the proposed system completelty obsolete.

Comment: It is understood that revisions to European Directions/legislation may take place in the future. That however would be a matter for Scottish Water to address at that time, if implemented.

viii) Proposed system is not one acceptable for this day and age.

Comment: It is for Scottish Water as the water authority to decide the appropriate level of treatment required and their obligations under the Urban Wastewater Treatment (Scotland) Regulations 1994.

ix) Neighbour notification does not state what the lay-by is for and what is the site. Attempt by Scottish Water to cover up the failure to include the vehicular access in their earlier application ref 04/01164/DET. The two applications tied together are all tilted ‘Innellan sewerage scheme’.

Comment: Whilst residents may not concur with the level of treatment being proposed for Innellan ie primary treatment by septic tanks that is a matter for Scottish Water as sewerage authority and not the planning authority to decide upon. The actual ‘development’ is simply for a lay-by in connection with the underground septic tanks that are ‘permitted development’.

x) Why did the vehicular access not appear in the first application?

Comment: See assessment overleaf.

xi) Obviously be restriction on its usage when ‘big smelly’ maintenance vehicle are using it.

Comment: The use of the service lay-by by tankers will be infrequent and of limited duration and is an operational matter for Scottish Water although a recent letter from them has advised that the tank will typically be visited every 4-6 months for tanker visits. Each visit will take approximately 1-2 hours depending on the sludge volumes present.”

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 29

xii) Possible restrictions that will be imposed on future upgrade or improvements to Shore Road if this vehicular access goes ahead resulting in possible loss of gardens.

Comment: This is not a material consideration to this application for the development of a lay-by.

xiii) Scottish Water/Solutions are novices in planning applications submittals, errors in plans and approach of making applications in bits and pieces that affect a great many residents when applications are incomplete and no reference made to their interrelationship.

Comment: The plan submitted enables the development to be considered. It is understood that Scottish Water has held a number of meeting with local residents. A further meeting is scheduled shortly.

B. POLICY OVERVIEW AND ASSESSMENT

National Planning Policy Guidance (NPPG 10) ‘Planning and Waste Management.’

Sets out government policy for development involving the management of waste. It advises planning authorities to adopt the following principles: work in consultation with the water authorities to implement the Water Treatment Directive.

Include polices and known proposals in development plans; and provide for high standards of landscaping, planting and design in particular insensitive environments such as coastal locations.

Cowal Local Plan 1993 Under the provisions of POL COM 5 the Council will oppose ‘bad neighbour’ developments when it is considered that they would adversely affect the amenity of neighbouring properties and land.

POL RUR 1 The Council will seek to maintain and enhance the landscape quality, scenic area and coasts. The Council will resist prominent or sporadic development which would have an adverse landscape impact – development to be assesses against i) Environmental impact; ii) Locational/operational need; iii) Economic benefit iv) Infrastructure and servicing implications.

Argyll and Bute Consultative Draft 2003

Policy S1 Sustainable development sets out the parameters of Argyll and Bute council pursuing principles of sustainable development in considering development proposals in its policies proposals and allocations.

Policy S1 Sewage and Waste Water Treatment

A) There is support for the principle for sewage and waste water system development which does not conflict with B) below:

B) There shall be resistance to sewage and waste water system development as follows:

1. Private systems at locations where connection to the public system with capacity is viable. 2. Sewage and wastewater development, which does not satisfy the public system connection requirements and system standards as set out in policy notes 2 and 3.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 30

3. Medium and large scale public or private systems within 250 metres of the boundaries of residential or other occupied properties unless a greater or lesser separation distance is specified by an odour control model. 4. Public or private systems in the countryside around settlements at locations inconsistent with or prejudicial to the settlement pattern of the area. 5. Public or private systems of any scale in the greenbelt or very sensitive countryside; or of medium or large scale in rural opportunity areas or sensitive countryside; other than where comprising vital infrastructure or where servicing development which itself is consistent with the polices applying to these zones. 6. Public or private system development which his likely to conflict with other policies in this plan including safeguarding conservation interests.

Policy E4

“A. Development will only be acceptable on the natural foreshore if there is a specific operational purpose for its foreshore location and there being no effective alternative location of the development landward of the natural foreshore.

B. Development shall not damage nor undermine the key features of foreshore areas, including the following:

1. The dynamics and balance of the ecology of the foreshore; 2. The sustainable productive capacity of the foreshore for shell-fish farming; 3. The effective functioning of the foreshore in providing access between land and water activity; general public access down to and along the foreshore; 4. The attractive appearance of the foreshore itself and value of outlooks over and across the foreshore from land to sea.”

Policy E 3 ‘bad neighbour’ development and safeguarding zones

Development and associated land use shall not originate nor give rise to substantial bad neighbour impacts that are significantly injurious to and incompatible to lawful use of neighbouring land and property….in appropriate cases planning conditions can be imposed.

C ASSESSMENT

The application site is situated on the seaward side of Shore Road Innellan and is positioned opposite the properties Joppa House although this property is set back from Shore Road. The site currently comprises of a grassed area that is generally flat with a slight fall from the road to the shore. Three park benches are currently positioned in proximity to where the lay-by will be positioned. The Council owns the land.

No formal service lay-by had previously been proposed with the application for the underground septic tanks (Ref 04/01164/DET ‘Permitted development’) it had been envisaged by the applicant that use could be made of an area currently used for adhoc parking on the grassed area. However at a meeting with Scottish Water on 19th October 2004 it was advised that the use of this informal lay-by was not of an acceptable standard.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 31

In the circumstances detailed above, the assessment of the proposal can only relate to the works that constitute ‘development’ requiring Planning Permission i.e. the formation of the lay-by.

The development of the lay-by surfaced in tarmacadam lying immediately adjacent to the A815 would not have any obvious adverse visual impact with limited dimensions including a width of 2.50 metres, 10 metres in length plus 2.50 metre tapered edges (total frontage of 15 metres). In this regard it is considered that the development is consistent with development plan policy including POL RUR 1 given its limited impact on the coastal landscape and moreover POL RUR 1 under ii) Locational /operational need would fully support the development of a service lay-by since maintenance vehicles (tankers and other vehicles) need to be positioned in close proximity to both the control panel, kiosk and for emptying the tanks.

In terms of road safety the Area Roads Manager has raised no objections subject to conditions. This includes the provision of suitable signage to ensure that the lay- by is availbe for use by Scottish Water at all times. Such a measure would be addressed via planning condition number 2 and no separate advertisement application would be necessary given that such signage would benefit from deemed consent under the 1981 Advertisement Regulations.

In terms of the removal/ re-siting of the bench and landscaping of the site this is a separate matter that should be best addressed between the Estates Department and Scottish Water, if ultimately agreement is reached between the parties.

Requirement for a Hearing

Members may wish to give consideration to an ‘informal hearing’ given that letters of representation have been received from 11 properties. However given that the ‘development’ is simply that of a lay-by the department would advise that there is no requirement for a ‘PAN 41 hearing’.

Procedural Matters

The First Minister, (Articles 17 and 22(3) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992), has directed that where a Planning Authority propose to grant planning permission for a development which is in their ownership or in which they have an interest, the matter should be referred to the First Minister where the proposed development does not accord with the adopted Local Plan or has been the subject of a “substantial” body of objections. It is the departments view, having regard to the letters received from 11 properties (including 10 standard letters) that this falls within the term “substantial” and the application should be referred to the First Minister

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\2\1\AI00021122\02550WRLAYBYINCONNECTINOWITHSEPTICTANKSPERMIITTEDDEVELOPMENTLA NDOPPOSITEJOPPAHOUSESHOREROADINNELLAN0.DOC

Page 32

This page is intentionally left blank Page 33 Agenda Item 5c

DEVELOPMENT SERVICES Local Member- Councillor- D. Walsh PLANNING APPLICATION REPORT Date of Validity - 6th December 2004 Bute and Cowal Area Committee Committee Date - 1st February 2005

24th January 2005

Reference Number: 04/02400/DET Applicants Name: Ms. H. Monteith Application Type: Detailed Application Application Description: Erection of rear roof dormer with balcony, rear entrance porch and installation of three roflights and domestic wind generator on rear roof slope; Location: 4 Craigienure Flats, Shore Road, Innellan, Dunoon

(A) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dormer extension and balcony within rear roof slope; • Erection of rear entrance porch; • Installation of three rooflights on rear roof slope; • Installation of domestic wind generator on rear roof slope;

Other Operations

• None

(B) RECOMMENDATION

It is recommended that the application be Granted, subject to the standard condition.

Members will recall that planning permission (ref. 03/02291/DET) was granted by the Planning Authority decision notice dated 9th August 2004 for the conversion of roofspace as an artist’s studio (for domestic purposes) incorporating a front dormer extension and external alterations.

The main issue in determining this application is whether the introduction of a dormer roof extension with balcony on the rear roof slope to a three storey block of flats, Craigienure Flats in Innellan would significantly affect the privacy and amenity of surrounding dwellings and remaining flats within the building, two letters of representation having being received.

Having regard to the distance from the proposed rear balcony to such properties most affected, around 44 metres, the fact that there would not be direct interlooking due to a difference in ground levels and the presence of trees that provide filtered views, whilst not necessarily being enthusiastic about the rear balcony aspect, refusal of permission may be difficult to substantiate.

Angus J Gilmour Head of Planning Services

Case Officer: B. Close (01369) 708604 Senior Planning P. O’Sullivan (01369) 708608 Officer

“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985”. Page 34

APPENDIX RELATIVE TO 04/02400/DET

A. OTHER MATERIAL CONSIDERATIONS

(i) Planning History

Detailed planning permission (ref. 03/02291/DET) was granted by the Planning Authority on 9th August 2004, for the conversion of the roofspace as an artist’s studio incorporating dormer extension and external alterations. This application was granted following support by the Area Committee, the department having recommended refusal due to the design of the front dormer and its overall impact on the flatted block. When this decision notice was issued, the applicant was in the process of purchasing the flat from the Council. Missives were finally concluded on 7th September 2004 with the flat and roofspace now in the control of the applicant.

The applicant sought non-material amendments (ref. 04/02137/NMA) to the application above, for the erection of a rear roof dormer and rear entrance porch. Since these aspects were not proposed originally, they were deemed to be ‘material’ in nature, hence the current application.

(ii) Consultations – None

(iii) Publicity and Representations-

Under Article 9 neighbour notification procedures, two letters of representation have been received from Mrs MacGregor, Ardchoille, North Campbell Road, Innellan (letter received 13th December 2004), and from Ms V. Smith, Caerlaverock, North Campbell Road, Innellan (letter received 23rd December 2004). The points raised can be summarised as follows :

(i) The proposed alterations will result in a loss of privacy for the occupants of the two dwellinghouses located to the rear and uphill from the subject property. In particular, the window on the west elevation (rear) removes existing privacy’.

Comment: The application site is in excess of 40 metres distant and downhill from these detached properties on North Campbell Road. A combination of mature trees and shrubs offer privacy between the flatted block of Craigienure and the dwellings to the rear. The insertion of a rear dormer with projecting balcony within the rear roof slope could however introduce an unnatural element to the roof of the flatted block and lead to activities taking place on the roofspace which could in turn result in a loss of privacy not just to those dwellings on North Campbell Road above, but to surrounding adjacent dwellings i.e. Sealladh Allann and other occupiers of Craigienure Flats. The proposed porch would not have any significant impact on existing privacy enjoyed by those dwellings to the rear. Refer also to assessment below

(ii) While one of the objectors feels that her privacy would be impinged by the proposed balcony and window to the rooftop studio, she would not object to a window only within the roofspace.

Comment : The department previously suggested to the applicant that the use of rooflights might be preferable to large external features such as dormers on this particular building. Refer to assessment below.

Page 35

(iv) Applicant’s Supporting Information

In support of the development, the applicant (letter dated 4th December 2004, computer generated images dated 13th January 2005, and 24th January 2005) has raised a number of matters regarding the chosen design, aspects of privacy; a summary of the most salient points being:

• The slate clad dormer will give the applicant an additional 2 metres depth of full headroom in the studio working area within the roofspace, allowing the applicant to extend her art and craftwork. The applicant also suggest that the reduced loading resulting from the introduction of the second dormer shall have benefits in terms of the structure thereby reducing structural alteration costs.

• Approval is also sought for a slate clad vestibule to the rear. Presently the way into the flat is very inconvenient where the external door is split into two halves and very restrictive.

• There is a distance of around 42-45 metres between the facing windows of the properties to the rear and the proposed balcony/window. The applicant is advised that the normal allowed distance between directly facing windows is 18 metres. In the proposed development, the distance between the non-directly facing windows is around two and a half times that. Further, the windows from which there is a view of the proposed balcony are around 15 metres higher than the balcony such that there can be no direct view from the balcony window or balcony itself into the rooms of the properties behind.

• The applicant suggests that a tree in the garden area belonging to Craigienure Flats was cut down in order for the owners of Ardchoille to get a view of the Clyde estuary. This was done without the permission of any occupants of Craigienure Flats, and resulted in a diminishing of the screening effect which the trees offered.

• The wooded vegetation still standing is such that there is little or no view between the properties in North Campbell Road and Craigienure Flats. The aforementioned houses actually look down on the Craigienure Flats, a view partially obscured by the adjacent cliffs, the angle of view diminishing as the sightings are taken from lower levels of Ardchoille. Additionally the high planked balustrade balconies to the rear of the North Campbell Road properties restrict sightings from the windows and balconies of the properties behind.

• It is the applicant’s intention to plant a varies of eucalyptus and willow trees at the head of the cliff behind the flat. The applicant has sourced 3-4 metre high trees, which are now ready to be transplanted over the next two months, and shall grow quickly to block out the presently restricted view to the properties behind. The applicant prefers not to see anything of these houses to the rear (as was the situation before the tree(s) were cut down) and would like to prevent the least overlooking of the proposed balcony and dormer from these elevated properties.

• The properties of Ardchoille and Caerlaverock each have balconies to their rear. The applicant feels that there is no reason why she should not have equal consideration and also have a balcony to the rear that she might enjoy summer afternoon sun and wooded view. No notification was given to any of the occupiers of Craigienure Flats when the houses of Ardchoille and Caerlaverock were built with windows and balconies, which look down to Craigienure Flats. A view, which was previously well screened by the trees.

• Computer generated views are enclosed which illustrate the comparative minimal appearance of the balcony and dormer in the view from the upper floor accommodation behind. The views are as reasonable representative as can be gauged. The trees and vegetation shown are probably somewhat less extensive or dense than in reality, and in some of the views the cypress in the garden of Ardchoille have been deliberately omitted to more clearly show the location and scale of the proposed dormer in the view from the upper accommodation of Ardchoille. The views from Caerlaverock are even more obscured by trees. Caerlaverock lying slightly to the side of the back of the flats.

• The views above, are based on there being a 15-metre difference in height between the viewpoints. Page 36

• Request that the application be determined as submitted.

B. POLICY CONSIDERATIONS

Cowal Local Plan (Adopted 1995)

Under the provisions of POL BE9 the Council will seek to achieve a high standard of layout and design where new developments are proposed. Proposals for new development should have regard to the council’s published design guidelines and development standards. In addition to the design of individual buildings, it is important to ensure extensions and alterations respect the character of the existing buildings and surrounding areas.

Non Statutory Policy

The Council’s Design Guide “Extensions and Alterations to Existing Buildings” states that:

“The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the existing building. The extension should not dominate. It is thus vital to consider carefully the character of the existing building before designing any new work, and the extension should ideally reflect its style and proportions.’’

“ Problems of external appearance often arise with the conversion of attics when dormer windows are added. Where roof heights permit it is often better to use roof windows parallel to, or at a slight angle to the existing roof slope. Large flat roof box type dormers should be avoided and will invariably be unacceptable on front elevations………The design of the dormer should be in character with the house”

Generally, the formation of new dormers can have a major impact on the appearance of the property and the street scene because of their prominence. To avoid appearing over-dominant, rooflights, if required are preferable on front roof slopes to dormers, which should normally be placed on the rear of the property.

Given that permission has already been granted for a similar dormer on the front roof slope, it is considered that the proposed development would not be contrary to the provisions of POL BE 9 of the Cowal Local Plan and the Council’s own Design Guide.

The Argyll and Bute Local Plan ‘Consultative Draft’ 2003 In terms of the emerging Argyll and Bute Local Plan ‘Consultative Draft’ 2003, the preamble to Policy E10 – ‘Development Setting, Layout and Design’, specifies, “Achievement of good building and structure design can be realised through encouragement and promotion of high quality design, discouragement of mediocre design, and resistance to unacceptably low quality design.”

Policy E10 states, “The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details……. Development design which is judged to be poor or ‘not good enough’ for as particular location shall be resisted.”

C. ASSESSMENT

The subject of this application is a third storey flat within Craigienure Flats, a three storey block of flats on Shore Road, Innelllan. Craigienure Flats were in Council ownership but recently some of these flats are in the process of being sold. Craigienure Flats were designed as five flats on three levels with centrally recessed balconies, all under a pitched roof.

The current proposal involves the erection of a rear roof dormer with balcony, rear entrance porch and installation of three rooflights and domestic wind generator on the rear roof slope. Page 37

The roof dormer will be of a similar design to that approved on the front roof slope (refer below). A projecting external balcony (1 metre) is proposed from the roof dormer which would have two windows and a glazed door. The proposed porch would be finished in slate cladding with a fibreglass membrane roof finish. Three small rooflights shall be installed within the rear roof slope. A domestic wind generator is proposed, affixed to the side of the roof dormer and extending to a height of 3 metres is also proposed.

The decision taken by Members at the Area Committee Meeting of 6th April 2004 is a material consideration in the determination of this application. Given this decision and notwithstanding the departments’ views regarding design, in principle it would be difficult to refuse a further roof dormer within the rear roof slope. The single determining issue in this particular instance is that of privacy, and the overall impact of the proposed rear roof dormer with balcony on dwellings to the rear.

The owners of Ardchoille and Caerlaverock have submitted letters of representation regarding potential loss of privacy with the inclusion of the dormer with balcony from the attic studio in the rear roof slope of Craigienure Flats. The dwellinghouse Ardchoille is located some 41 metres distant from the rear wall of Craigienure Flats where there are existing bedroom windows. The dwellinghouse is located around 44 metres distant and at more of an oblique angle than Ardchoille. The distance from the rear wall of Craigienure Flats to the back boundary of the rear garden area (which rises steeply towards Ardchoille and Caerlaverock) is approximately 29 metres.

Viewed from the property Caerlaverock, issues of loss of privacy cannot be substantiated given the distance between properties, angle of elevations, filtered views, screening by trees and shrubs and inability to look into or be overlooked by the proposed rear roof dormer.

Viewed from Ardchoille (and particularly from the living room window and to a lesser degree the rear garden area), there does exist potential for the proposed rear roof dormer to create potential issues of privacy. The owners of Ardchoille presently look over Craigienure Flats where the third storey level windows and the rear roof slope can be viewed through the existing tree canopy within the rear garden area. The installation of a rear roof dormer with balcony will undoubtedly result in increased activities within the existing ‘dead’ roofspace.

The key concern is whether the privacy of the owners of Ardchoille will be significantly compromised. The distance between the living room windows of Ardchoille i.e. around 44 metres and 29 metres from the rear garden area is well in excess of normal standard privacy safeguarding requirements. The amount of existing and proposed trees and shrubs within either garden will ensure that any views are, at best, glimpsed views, filtered views or restricted views. As such given these distances, filtered views, difference in levels, and whilst recognising that a new element will be introduced in the roof space, including persons moving, it would be difficult to substantiate refusal given these factors. Furthermore the department would not anticipate continuous use of the balcony.

The other neighbours of Craigienure Flats have made no representations. Their existing communal rear garden and amenity spaces are overlooked by each of the flats from the rear elevation. The inclusion of the rear roof dormer is unlikely to alter this position.

In summary, the proposed porch, rooflights and domestic wind generator are all acceptable and raise no privacy or amenity issues. An assessment of the rear dormer with balcony reveals that there would be no substantial loss of privacy or amenity to the properties located to the rear and uphill of the subject property. The proposed roof dormer would not seriously overlook the rear gardens of these properties.

In light of the above and the previous decision to allow a similar dormer on the front roof slope, it is therefore considered that the current proposal is acceptable and consistent with the Council’s own Design Guide and the provisions of POL BE 9 of the Cowal Local Plan. Page 38

This page is intentionally left blank Page 39 Page 40

This page is intentionally left blank Page 41 Agenda Item 5d

DEVELOPMENT SERVICES Local Member Councillor L Scoullar PLANNING APPLICATION REPORT Date of Validity - 20th May 2004 Bute and Cowal Area Committee Committee Date - 1st February 2005

24th January 2005

Reference Number: 04/00971/DET Applicants Name: Mr and Mrs Moffat Application Type: Detailed Application Application Description: Alterations and Extension of Tearoom/Dwelling to form Licensed Restaurant and Provision of Open Seating Areas on Pier Location: Craigmore Pier and Tearoom, Mountstuart Road, Rothesay

(A ) THE APPLICATION

Development Requiring Express Planning Permission. • Alterations and extension to the existing tearoom/shop and dwelling to provide a licensed restaurant, shop, toilets and kitchen together with an outdoor terrace with seating.

Other Specified Operations

• Connection to existing public services; • Use of existing on-street parking.

(B ) RECOMMENDATION It is recommended that planning permission be Granted subject to the standard condition and reason and the following conditions and reasons together with a ‘note to the applicant’ set out overleaf.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Craigmore Tearoom is currently a modestly sized establishment, which the application proposes to alter and extend to provide greater floorspace, expanded choice and high quality food. From a design perspective, the proposal would make a positive contribution to the character of the Rothesay Conservation Area.

The principal issue relates to car parking: at present, only on-street parking is available and, using the Council’s ‘Guidelines for Developers’, the expanded facility would result in a perceived shortfall of 12 spaces. The applicant has raised considerable opposition to the provision of off-street parking and there are other mitigating factors – the width of the road in this location; the existence of bus stops immediately adjacent to the premises; the likely use of taxis in transporting customers; and the overall desirability of supporting the proposal from an economic/tourism perspective.

Ultimately, the Department considers that the proposal would not, in itself, result in significant traffic congestion in this part of Mountstuart Road and can be supported without the requirement for off- street parking.

Angus J Gilmour Head of Planning Services

Case Officer: S. Gove 01369-70-8603 Senior Planning Officer P. O’Sullivan 01369-70-7983

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 1

Page 42

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00971/DET

2. Unless the prior written consent of the Planning Authority is obtained for variation, the development shall be constructed in accordance with the approved plans, in particular the following: ‘Elevations as Proposed’ Drawing Number QU (AP) 201 received on 22nd July 2004; and ‘Floor Plan & Roof Plan as Proposed’ Drawing Number QU (AP) 101 received on 6th October 2004.

Reason: For the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved plans.

3. All new fenestration to be installed in pursuance with the approved development shall be constructed of timber unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of visual amenity and having due regard to the location of the property within the Rothesay Conservation Area.

4. Prior to its installation, full details (including samples) of the new roof coverings shall be submitted to and approved in writing by the Planning Authority. Such details as are approved shall be used in the construction of the new roofs unless the prior written consent of the Planning Authority is obtained for variation.

Reason: For the avoidance of doubt and in the interests of visual amenity having due regard to the location of the property within the Rothesay Conservation Area.

5. Prior to the commencement of any work on extensions to the building, a sample panel of not less than 2 square metres in size shall be presented at the site for the inspection and approval of the Planning Authority. Such details shall show the use of a wet dash render (or similar) and the finish that is approved shall be applied to the extensions unless the prior written consent of the Planning Authority is obtained for variation.

Reason: For the avoidance of doubt and in the interests of visual amenity having due regard to the location of the property within the Rothesay Conservation Area.

NOTE TO APPLICANT

Water/Sewerage

The applicant is advised by Scottish Water of the following:

• Contact should be made with Developer Services regarding compliance with current water byelaws and to discuss whether the existing water supply needs upgrading in view of the proposed alterations;

• There is a public sewerage system to which a connection may be made from the proposed development. The applicant should satisfy himself, by site investigation if necessary, that relative levels are such as will allow the development to be connected at a gradient acceptable to Scottish Water;

• Non-objection by Scottish Water to this application must not be inferred as guaranteeing automatic permission to connect to the public sewer. The applicant must make separate application to Developer Services for permission to connect to the public sewerage system at the appropriate time. Scottish Water may refuse permission to connect, subject to such conditions as they see fit.

• A totally separate drainage system of foul and surface water sewers will be required;

• No substance may be discharged to the public sewer which, either alone or in combination with any other matter or substance, is likely to interfere with the free flow of its contents or which may affect prejudicially the treatment or disposal of their contents, or to be prejudicial to health. In order to comply with this requirement, it will be necessary for the applicant to install a grease trap on the drainage system within the property before discharge to the public sewer.

• A Technical Advisor is available for consultation purposes where specialist advice is required on this matter. Where advice is sought, separate agreements may apply to this service, which will be charged at the rate indicated in Scottish Water’s Scheme of Charges (West Area).

For all of the advisory points given above, the applicant/developer is advised to contact Scottish Water directly (Developer Services, tel.0845 601 8855, or at www.scottishwater.co.uk ).

Public Protection

Prior to any work commencing, the applicant is advised to contact Mrs Ruth Sweeney, Area Environmental Health Officer for Bute on 01700 507366 in respect of the layout for the kitchen and restaurant area insofar as they have implications for Health and Safety, and Food Hygiene.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 2

Page 43

APPENDIX RELATIVE TO 04/00971/DET

A. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed Planning Permission (ref: 01/88/0834) granted on 25th November 1988 for the “installation of windows and alterations and improvements to the tearoom, house and pier” at the subject site.

An application (ref: 01/93/0980) was submitted in October 1993 for the “extension to Craigmore Pier House”. This application was withdrawn at the agent’s instruction on 27th January 1994.

Detailed Planning Permission (ref: 01/94/0136/DET) granted on 11th April 1994 for the “replacement of windows” at the subject site.

In February 1995, MacBeth and MacLagan Solicitors applied for a Certificate of Lawfulness for the proposed use of the premises as a licensed restaurant (with Restaurant Licence) and a retail shop. A certificate was issued on 4th May 1995 stating that Planning Permission would not be required for the introduction of the Restaurant Licence.

(ii) Consultations

Area Roads Manager (Memo dated 9th June 2004)

“The development is located off the A844 within a 30 mph speed restriction. The application is deferred on the basis of no provision being made for parking within the site. 20 car parking spaces should be provided for every 100 square metres of public floor area. The total proposed public floor area is 95 square metres”.

Scottish Water (Memo dated 16th June 2004)

Contact to be made with Developer Services to discuss water supply. A public sewerage system is available to be connected into.

Public Protection (Memo dated 17th June 2004)

No planning objections but issues have been identified in respect of the size and layout of the kitchen. These issues will be the subject of direct discussions with the applicant.

(iii) Publicity and Representations

The application has been advertised under Section 65 and as a Potential Departure from the Development Plan (closing date 25th June 2004). Two letters of representation have been received, both in support of the application – Tony and Beryl Harrison, Balmory Hall, Isle of Bute (letter dated 5th June 2004); and Argyll, the Isles, Loch Lomond and the Trossachs Tourist Board (letter dated 23rd December 2004).

Both letters commend the proposal to improve the existing facility at Craigmore Pier and emphasise the importance of providing quality facilities in strengthening the tourism industry on the Isle of Bute.

(iv) Applicants Supporting Information

Gibb Architects (letters dated 5th October, 3rd December and 7th December 2004) and Mr Lennie Moffat (letter dated 16th November 2004) have submitted information in support of the application. The salient points are listed below; the letters are available should Members wish to view the comments in their entirety.

The proposal has the following objectives:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 3

Page 44

• To create a “destination” restaurant that will entice many visitors to Bute;

• To compliment existing sites such as Mount Stuart – no evening dining, Balmory Hall – no evening dining, Kames Castle – no evening dining, Glecknabae – no evening dining etc

• To attract the higher spending visitor by offering them the same high standards they get on the mainland coupled with our additional marvellous views;

• To enter into partnership with the local colleges and training centres to enhance our own in- house staff training and also to offer catering students a venue to hone their skills in.

Further points of significance include:

o There is no intensification of use at this site, due to the fact that the extended restaurant replaces the former garden centre whose use has been established by the longevity of its operation:

o The proposals do not constitute an increased parking requirement - the present on-street parking does not constitute a danger to road users and any minor inconvenience caused by on- street parking would be greatly offset by the benefits of such a development in this area;

o The financial viability of this enterprise is already marginal. The requirement to purchase additional land and carry out the major engineering works required to create a parking area on the beach would render the proposal uneconomic;

o The creation of another car parking area and removal of grassed areas beyond the promenade would have a detrimental environmental impact.

B. POLICY OVERVIEW

The property is located within the Rothesay Outstanding Conservation Area and, as such, the proposal should be assessed against the following policies and guidance:

Central Government Guidance

Historic Scotland’s ‘Memorandum of Listed Buildings and Conservation Areas’ (1998) states that, within Conservation Areas, new development that is well designed, respects the character of the area and contributes to its enhancement should be welcomed.

National Planning Policy Guideline 18 (‘Planning and the Historic Environment’) advises that Planning Authorities should examine the impact of proposals upon the character and appearance of the whole Conservation Area. If any proposed development would conflict with the objective of preserving or enhancing the designated area, there should be a presumption against granting planning permission.

Structure Plan Policy

STRAT DC 9 of the Argyll and Bute Structure Plan (approved November 2002) states that 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.

Local Plan Policy

Policy POL BE 6 of the Bute Local Plan 1990 seeks to prevent any deterioration in the character or setting of the Rothesay outstanding Conservation Area through unsympathetic new development and changes of use.

Argyll and Bute District-wide Local Plan Consultative Draft

STRAT DC 9 states that 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. F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 4

Page 45

Policy E8 promotes the protection, conservation, enhancement and positive management of the historic environment and will resist development that would have an adverse impact on Conservation Areas.

Policy A5 states the types of car parking standards that should apply to different types of development and outlines the circumstances in which such standards may be relaxed.

C. ASSESSMENT

Design Issues

Craigmore Pier is located in a visually prominent site on the shoreward side of the A844 road. The single storey building presently contains a tearoom, kitchen and toilets in the eastern half of the building whilst the western half contains a single dwellinghouse.

The proposal involves enclosing the arched entrance with glazing and extending the building outwards into the courtyard area. The elevations facing onto the road and towards the west will not change significantly as a result of the proposals. The greatest change will be to the north elevation, which faces onto the water. This elevation already contains a certain amount of glazing; the proposed alterations would add considerable visual interest in addition to providing a well-lit, pleasant and enclosed seating area.

In view of the foregoing, it is considered that the proposal would result in an improvement to the building, which would be of benefit to the character and appearance of the Rothesay Conservation Area. As such, the proposal would be in accordance with the relevant Central Government guidance and Development Plan policies detailed above.

Parking Issues

In the absence of any objections to the application, and with the proposed design considered to be acceptable, the issue of parking is the principal difficulty associated with the development. It has been the subject of meetings, discussions and correspondence with both the applicant and the agent.

Existing/Lawful Parking Demand

At present, the only parking that is available in association with the existing tearoom/shop and dwelling is located on Mountstuart Road. Based upon the level of these existing uses (as clearly identified on the ‘Floor Plan & Roof Plan as existing’ submitted by Gibb Architects) and using the standards contained within the Council’s ‘Guidelines for Developers’, there is a perceived demand for 29 parking spaces.

During the processing of the application, it has been raised by the applicant/agent that the premises had contained a garden centre within the rear courtyard. Having researched the planning history of the building (as detailed in Section A (ii) above), there is no specific mention of a garden centre.

Notwithstanding the above, and whilst no specific application has been submitted for a ’Certificate of Lawfulness’ to demonstrate that a garden centre had been in operation continuously for a ten year period, certain supplementary information has been forwarded to the Department.

Letters have been received from: Mr and Mrs Frank Hill (owners of the premises between April 1990 and 1994), who state that their operation included a garden centre as did the operation of the subsequent owners, Kenneth and Anne Ruthven; Cardwell Nursery Garden Centre, Gourock, who state that they supplied Mrs Hill with plants and garden sundries; and W M Hassall, Accountant, who states that the garden centre activity formed part of the turnover of Mr and Mrs Hill’s business until the business was sold to the Ruthvens.

It is not considered that these letters in isolation would be sufficient to demonstrate that ‘lawfulness’ had occurred. However, their contents, together with anecdotal evidence supplied by Bute residents, tends to point towards the existence of a garden centre at the premises for a period in excess of ten years.

The presence of a garden centre covering 126 square metres (information contained within letter from Gibb Architects dated 5th October 2004) would increase the perceived parking demand for the existing and lawful operations to 41 spaces, if one again uses the Council’s guidelines.

Proposed Parking Demand F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 5

Page 46

The parking demand for the proposed use of the building has been calculated by adding together the floorspace (scaled from the submitted floor plan) of all of the public areas within the new premises, both internal and external. This comes to 261 square metres which, when using the standard of 20 spaces for every 100 square metres of floor area, gives a perceived demand for 52 spaces.

Parking Shortfall and its Implications

Based upon figures that have been calculated using the Council’s ‘Guidelines for Developers’, there is a perceived shortfall of 11/12 parking spaces as a consequence of the increase in scale of the proposed premises. In order to rectify this shortfall, the Department asked the applicant whether they could create off- street parking within the vacant grassed area to the immediate east of the building.

The applicant has indicated significant concern on the grounds of the logistics of forming a car park; its cost; and their lack of control over the land in question (it is understood to be in the ownership of Bute Estate). This option, therefore, would not appear to be one that could be progressed with the agreement of the applicant and the proposal, therefore, requires to be assessed in the context of the existing level of on-street car parking.

Impact Upon Existing Traffic Situation

The assessment of the parking supply and demand issue has essentially been based upon the Council’s ‘Guidelines for Developers’, which is the approach that the Department consistently uses, in conjunction with the Area Roads Manager, in the determination of planning applications. However, it is incumbent upon the Department to recognise the reality of existing situations.

In this case, Craigmore Tearoom is located on a stretch of Mountstuart Road that is relatively wide and, even if vehicles are parked on both sides of the road, there is sufficient room for cars to pass each other. There are bus stops on either side of the road at this location (i.e. good public transport links) and, given the type of facility to be provided (i.e. Licensed Restaurant), it is conceivable that taxis will be used in significant numbers (the Council has, of course, no control over this).

It is considered that the particular circumstances pertaining to Craigmore Pier meet some of those listed in the ‘Policy Notes’ attached to Policy A5 of the Local Plan Consultative Draft (Page 112) i.e. the nature and scale of the proposed development; its apparent ‘lawful use’; the condition of the road and access network; and the weight that can be given to the economic/tourism benefits of an upgraded facility at Craigmore.

CONCLUSION

Whilst the Department acknowledges the Area Roads Manager’s concerns and, indeed, off-street parking has been actively pursued with the applicant, the situation has been reached where the only reason to refuse this application would be the perceived shortfall of 12 parking spaces. In taking all factors into account, (including the possibility of an appeal to the Scottish Executive, where the Department considers that a decision of refusal would be likely to be overturned), it is considered that the application should be recommended for approval.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\2\1\AI00021124\00971WRCRAIGMORETEAROOMROTHESAY0.DOC 6

Page 47 Page 48

This page is intentionally left blank Page 49 Agenda Item 5e

DEVELOPMENT SERVICES Local Member Councillor- D. Currie PLANNING APPLICATION REPORT Date of Validity - 26th October 2004 Bute and Cowal Area Committee Date - 1st February 2005

21st January 2005

Reference Number: 04/02131/DET Applicants Name: Mr & Mrs G. Ellis Application Type: Detailed Application Description: Amendment to Planning Permission 03/00109/DET (Alterations to development footprint, garage layout and access provision) Location: Land North West of The Sheiling, Portavadie, Tighnabruaich.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Amendment to Planning Permission 03/00109/DET (as built) (Alterations to dwelling footprint, garage layout and access provision)

(B ) RECOMMENDATION

It is recommended that planning permission be Granted.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This current application seeks to amend the original planning permission in terms of the dwelling footprint within the site, the garage layout and the access provision within the site.

Planning permission was originally granted on the 16th June 2003 for the erection of a dwellinghouse and garage. The amendments to the original permission are cumulatively material in nature requiring a further retrospective planning application but are in keeping with that of the design of the house and as such this complements Cowal Local Plan (1993) Policy POL RUR 13 Development in the Countryside.

The planning system should not be unduly concerned or become fastidious to such revisions unless such revisions seriously undermines the original granting of planning permission, including impact upon amenity. Whilst the amendments to planning permission 03/00190/DET vary from the originally approved plans it is considered that they do not collectively have an adverse effect on the character or setting of the development or seriously impact upon that of the neighbouring property, The Sheiling. Indeed had such amendments been included in the original planning application they would have been found to be entirely acceptable.

Although one objector has submitted three letter of representation, all matters raised have been addressed and there is no sound reason to withhold permission.

Angus J Gilmour Head of Planning Services Case Officer: J. Irving 01369-70-8621 Senior Planning Officer P. O’Sullivan 01369-70-7983 "In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

APPENDIX RELATIVE TO 04/02131/DET

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\2\1\AI00021125\02131WRAMENDMENTTOPP0300109DETLANDNORTHWESTOFTHESHEILINGPORTAVADIE0.DOC 1

Page 50

A. OTHER MATERIAL CONSIDERATIONS

(i) Site History

01/95/0705 - Planning Permission was granted on 13th February 1996 for a dwellinghouse on land to the south of the application site (Ref: 03/00109/DET). As no ‘material operations’ were carried out under Section 27 of the 1997 Act, this permission expired in February 2001.

00/01939/DET - Planning Permission was granted on 7th November 2001 for a dwellinghouse on the same site referred to in the preceding paragraph.

03/00109/DET – Planning permission granted on the 16th June 2003 for the erection of a dwellinghouse and garage at land north west of The Sheiling, Portavadie, subject to 3 conditions. This application before members (Ref 04/02131/DET) is essentially a revision to that approved permission.

04/00138ENFOTH – An associated enforcement report elsewhere on this agenda

(ii) Consultations –

Area Roads Manager: (Response dated 21st January 2005) Revision appears to provide adequate parking and turning within the site. Sightlines of 2 x 20 metres should be achievable.

(iii) Publicity and Representations

Under Article 9 neighbour notification procedures, three letter of representation have been received from Mr A Johnston, The Sheiling, Portavadie, Millhouse, Tighnabruaich, Argyll, PA21 2DA (letters dated the 14th November 2004, 23rd November 2004 and the 19th December 2004)

The points raised can be summarised as follows:

i. Built 4750mm from access road instead of 7000mm as per original plan.

Comment: See assessment below.

ii. Because of above, access for a car to the garage from east side is impossible therefore non material amendment to original planning application submitted for garage doors to be fitted on north side. This is shown on the new application.

Comment: No non-material amendment application has been submitted, this application seeks to approve the new layout of the garage and access.

iii. House is 1200mm from garage, therefore it follows the house is 2250mm too far east as is the garage.

Comment: See assessment below.

iv. Porch is only 2250mm from new fence therefore house is 500mm too far north.

Comment: See assessment below.

v. If measured 14200mm shown on the site plan two is correct, the house is not parallel to access road as it should be.

Comment: See assessment below.

vi. With a roofline approximately 1500mm more than my house it would be prudent for any builder/designer/planner to keep the under building of the house, as low as possible. Not so with this house, starting from a foundation 2500mm below my ground level it tops my house by about 1 metre.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\2\1\AI00021125\02131WRAMENDMENTTOPP0300109DETLANDNORTHWESTOFTHESHEILINGPORTAVADIE0.DOC 2

Page 51

Comment: See assessment below vii. The house windows are so high; the ones on the south side interfere with privacy in spite of high wall/fencing. An under build three concrete blocks high (approximately 700mm) would have been sufficient, instead it is six blocks high or 1400mm or 700mm too high.

Comment: The nearest window of the development to The Sheiling’s nearest corner is more than 21 metres. This actually exceeds by 3 metres the direct “ window to window” distance of 18.00 metres that the Council has extensively used, guidance stemming from S.D.D. Circular 42/1980. No issues of privacy or overlooking were raised during the determination of planning permission 03/00109/DET and the department does not consider any such issues now exist. vii. The development is situated within a Regional Scenic Area.

Comment: Noted. viii. A basic requirement to regularise a change in footprint would be to downsize the garage and rebuild it alongside the south of the house. The house itself is at least 1 metre off square and approximately 700mm too high not to mention 2250mm too far east.

Comment: See assessment below. ix. This is a retrospective planning application so lets return to the beginning, planning application 03/00109/DET had a bad footprint with a garage far too large, (House Size) for the area, stuck out in front of the house and in tandem with the house a recipe for overpowering anything else – A bad planning application.

Comment: Planning permission Ref 03/00109/DET was granted to Mr A. Johnston and duly considered and approved on its own merits on 16th June 2003. x. A site visit for the Bute & Cowal Area Committee is essential viewing and so not to burden the already overburdened community taxpayers – I will pick up the tab. Just make sure they are invited.

Comment: It is at the Area Committee’s discretion whether or not they choose to arrange a site visit. xi. The decision of the committee after their deliberations is not sacrosanct, they must conclude only what is correct within the rules. I have hired the expertise to check their conclusions. The committee must be made aware of the situation and what is sure to happen if they get it wrong. A six figure sum is the likely cost to me and I would assume a similar sum for the Argyll & Bute Council, your legal department should be involved from an early stage.

Comment: This is not a material planning consideration. xii. All the drawings received by me were for building on a level site. The House by design is very high and has to be kept as low as possible to be in keeping with what is there already i.e. my house, but that hasn’t been done.

Comment: The applicants agent has confirmed, and as detailed on the additional plans, that the house as built has been constructed with an overall lower roof height compared to that on the originally approved plans. xiii. The applicant promised he would build the house in keeping with our house, obviously ‘in keeping’ has a very different meaning for him.

Comment: The applicant has implemented planning permission 03/00109/DET with some amendments that this application now seeks to regularise. xiv. It is the applicants fault for building the house and garage grossly out of place and too high. My original letter to you (dated 17.08.2004), a copy being sent to him, has he offered any compromise to solve his wrongdoing? Not a bit of it.

Comment: The applicant is seeking approval for the house and garage as built in this amendment application. F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\2\1\AI00021125\02131WRAMENDMENTTOPP0300109DETLANDNORTHWESTOFTHESHEILINGPORTAVADIE0.DOC 3

Page 52

xv. The house is 2250mm too far east as is the garage, if the house is to stay where it is then taking 4500mm of the garage is the obvious compromise. The house is difficult because privacy is involved but if we were allowed to build a garage/boat shed in our drive between the two houses it would be high starting from a level at the new ground level and would restore our privacy as well as catering for our needs.

Comment: The applicant has submitted this amendment application in an attempt to regularise the development as constructed. Should the objector wish to build a garage/storage shed within his curtilage this will require to be submitted as a separate planning application.

(iv) Applicants Supporting Information

Letter received from Mr and Mrs Ellis dated the 22nd December 2004. The points raised can be summarised as follows: i. We received the original approval for the development to be constructed with a finished floor level of the dwelling at 900mm above the existing access road and the garage floor 700mm above the access road.

ii. It became apparent that to achieve such ground levels a large amount of backfill would be required at great expense and it would be difficult to source.

iii. The initial pegged site layout was lost when topsoil was removed. Whilst care was taken to ensure the second setting was true and fair it appears that the second setting was marginally different in position to the original.

iv. The area of discrepancy is clearly no more than a tiny percentage relative to the size of the development as a whole.

v. The position of the dwelling as constructed is closer to the road than the bottom of the site, this in effect reduces any impact on views from the adjoining neighbours, in particular that of The Sheiling.

vi. The height of the building is actually significantly less than originally envisaged which we submit is an improvement making the development less intrusive.

vii. In respect of the new access and garage layout this has been necessitated by the re-siting of the garage relative to the road. The gradient of the approach is such that it is safer and more convenient for the entrance to the garage to be in the north side rather than the east.

viii. Works on the garage have ceased after concerns were expressed by a neighbour at the siting and design of the garage, further building works pending determination of this planning application. However roofing felt will be put on the garage roof to protect the permanent electricity supply for the house. The applicant feels there is a health and safety issue if the garage is left unsealed and unsecured. (B) POLICY OVERVIEW

Cowal Local Plan 1993

Policy POL RUR 13 - Development in the Countryside.

‘The Council supports development in the countryside which are sensitive, to and integrated with their surroundings…’

Policy POL HO 10 – Housing Development in the Countryside

‘…The Council is in favour of single or small scale residential development, providing there are no infrastructure, servicing or environmental constraints. Particular attention will be paid to infill, rounding off and redevelopment opportunities related to existing development and landform…’

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\2\1\AI00021125\02131WRAMENDMENTTOPP0300109DETLANDNORTHWESTOFTHESHEILINGPORTAVADIE0.DOC 4

Page 53

This current application seeks to amend the planning permission 03/00109/DET granted on 16th June 2003 to Mr. A. Johnston to that “as built” in terms of the development footprint, roof height, garage layout and access provision. Three letters of objection have been received from Mr A Johnston of the neighbouring property The Sheiling. The objector has raised concerns over the scale, design and siting of the development as detailed previously in this report.

It is acknowledged that variations exist from that of the approved plans of permission 03/00109/DET that this application now seeks to approve, cumulatively material in nature but these are limited in their magnitude, having regard to the size of the dwelling relative to the overall plot. The planning system should not be unduly concerned or become so fastidious to such revisions unless such revisions seriously undermines the original granting of planning permission including impact upon amenity. Issues should not be confined to precise measurements in terms of centimetres unless they are so fundamental in nature but rather whether the development “as built” is acceptable and accords with the development plan without compromising amenity.

Development Footprint The overall footprint of the development including that of the dwellinghouse and the detached garage is situated some 1500mm further northeast within the plot and is now closer to the access road. The distance between the rear of the garage and the dwellinghouse, as detailed on the approved plans should be 1 metre. Following a recent site visit it was confirmed that this distance has increased to 1020mm with the dwellinghouse being 500mm near the northern boundary of the site.

The overall development footprint as approved should have been parallel to the access road, however as constructed the northeast corner of the dwelling is closer to the access road than the southeast corner by 700mm.

The revised positioning of the development, as built is entirely acceptable. It does not reduce the amenity space within the development site, nor does it present any new issues of shadowing, overlooking or loss of privacy with the neighbouring property The Sheiling that have already been addressed during the processing of the original application (Ref: 03/00109/DET).

Garage Layout The layout of the garage has been altered to accommodate a revised access and turning area. It is proposed to locate the double garage doors on to the southeast elevation of the garage, instead of the northeast elevation. The window and access door to the garage, originally approved were to be sited on the southwest elevation, this will remain unchanged.

Given that this revised layout does not present any new issues of privacy or overlooking with the neighbouring property and that the garage size remains unchanged the new layout is considered to be acceptable to the department.

The owner of the neighbouring property has expressed concerns that the garage roof height is too high. However the garage roof height as approved is 6.5 metres. Further the current applicants agent has advised that the garage foundations have been constructed lower into the ground to accommodate the new access and as such the overall height of the garage, from ground level is lower than approved.

Access Provision The proposed new access is to be relocated some 8 metres northeast along the access track. The new turning and parking area for 2 cars within the development site is more than sufficient and larger than that originally approved. Whilst the parking and turning area reduces the amount of amenity space to the rear of the dwelling, the extent of garden curtilage to the front of the dwelling is ample and will ensure that sufficient amenity space within the development site is provided. On this basis the revised access provision and parking and turning area is also considered to be acceptable to the department.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\2\1\AI00021125\02131WRAMENDMENTTOPP0300109DETLANDNORTHWESTOFTHESHEILINGPORTAVADIE0.DOC 5

Page 54

This page is intentionally left blank Page 55 Page 56

This page is intentionally left blank Page 57 Argyll and Bute Council Agenda Item 5f Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

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

14 January 2005 Page 1 of 3 Page 58 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

App No Applicant name, address and proposal Valid date Decision date Decision

04/02401/VARCO G Bruce 06/12/2004 23/12/2004 PER N Garden Ground South East Of 3 Wellington Street Wellington Street Dunoon Argyll Variation of Conditions 3, 4 and 5 of Planning Permission 01/00741/DET to amend external wall finish from facing brick to natural stone and slate/slate substitute roof finish, and 04/02399/DET Mr And Mrs Denis Doherty 03/12/2004 23/12/2004 PER

Cumbrae Cottage Innellan Dunoon Argyll PA23 7SB

Demolition of porch and erection of rear extension and external alterations.

04/02364/TELNOT SSE Telecom 23/11/2004 23/12/2004 PDD

Toward Radio Station Toward Dunoon PA23 7UE

Installation of telecommunications apparatus on existing lattice mast station

04/02226/DET Archd Fergusson 09/11/2004 06/01/2005 PER

Plot 12 Baycroft Strachur Argyll

Erection of dwellinghouse and garage

04/02222/DET Archd Fergusson Ltd 04/11/2004 16/12/2004 PER

1 Clachan Croft Strachur Argyll

Erection of dwellinghouse and garage, formation of shared access and installation of shared Bio Disc sewage treatment plant 04/02196/DET Precept PM Ltd 09/11/2004 06/01/2005 PER

Farm Access Track Adjacent To Rothesay Primary School Townhead Rothesay Isle Of Bute Alterations to farm access track (incorporating improvements to junction, formation of visibility splays and provision of passing places) in association with construction activity 04/02179/DET Mr William And Mrs Sheena Gilmour 04/11/2004 21/12/2004 PER

First Floor Southmost Flat 17 Bishop Street Rothesay Isle Of Bute Installation of Replacement Windows

04/02166/DET Mr And Mrs Lange 02/11/2004 15/12/2004 PER

Birnam 15 Brandon Street Dunoon Argyll

Excavation and back filling of material; Erection of garage and formation of ramped driveway and reinstatement of stone arch feature

14 January 2005 Page 2 of 3 Page 59 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

App No Applicant name, address and proposal Valid date Decision date Decision

04/02135/COU Dianna Ferrari 26/10/2004 23/12/2004 PER

Cottage Glensluain Strachur Argyll PA27 8DH

Change of Use and Alterations of agricultural store to pottery studio.

04/02134/DET Mr A Gibson 25/10/2004 22/12/2004 PER

Ettrick Bay Tearoom Rothesay Isle Of Bute PA20 0QT

Alterations and extensions to tearoom and installation of septic tank and soakaway (amendment to Planning Permission 04/01199/DET incorporating revised building 04/02128/DET MacDonald Properties 25/10/2004 22/12/2004 PER

12 - 16 Castle Street Port Bannatyne Rothesay Isle Of Bute

Installation of Replacement Windows

04/02096/DET George McMillan 26/10/2004 23/12/2004 PER

Smithy House Glendaruel Colintraive Argyll PA22 3AA

Erection of conservatory and change of roof covering on store building.

04/02031/DET Bute Land Ltd 25/10/2004 23/12/2004 PER

Nether Stravannan Kingarth Rothesay Isle Of Bute PA20 9PF Alterations of existing farmhouse and outbuildings to create two holiday letting dwellings

04/02018/DET Congregational Board Of Kirn Parish Church 06/10/2004 06/01/2005 PER

Kirn Church Hall 20 Hunter Street Kirn Dunoon Argyll

Demolition of existing church and erection of replacement church hall comprising assembly and recreation halls and ancillary facilities with parking 04/01968/LIB Mr And Mrs Divers 28/09/2004 23/12/2004 PER

Flats 4R And Attic Flat 21 East Princes Street Rothesay Isle Of Bute PA20 9DL Internal alterations to amalgamate two flats into one flat

04/01428/DET Craig McDonald 22/10/2004 15/12/2004 PER

Site East Of 3 Victoria Park Alexander Street Dunoon Argyll

Erection of dwellinghouse and formation of vehicular access

14 January 2005 Page 3 of 3 Page 60

This page is intentionally left blank Page 61

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 03/01289/MTP Mount Stuart Trust 09/07/2003 13/07/2003 22/12/2004 WARAPP

General Fire Safety Alterations and Change of Use (to allow "hotel" type accomodation]. Mountstuart House Mount Stuart Rothesay Isle Of Bute 04/00205/MTP Argyll And Bute Council 03/02/2004 03/02/2004 12/01/2005 WARAPP

Proposed upgrading works (Job No. CB1966 - Oct.03)

Queens Hall Buildings Argyll Street Dunoon Argyll PA23 7HH 04/01175/AOW Mr And Mrs Frenilla 10/06/2004 28/07/2004 06/01/2005 WARAPP

Amendment to Warrant to cover factory made kit, re-position garage and minor alterations to windows Land East Of The Chalet Innellan Dunoon Argyll

04/01223/ALT Toward Church 17/06/2004 28/07/2004 12/01/2005 WARAPP

Disabled Persons access and facilities (inside Church Hall and between hall and church entrance) Toward Parish Church And Hall Toward Dunoon Argyll

04/01306/ERD M And K MacLeod Ltd 28/06/2004 09/09/2004 22/12/2004 WARAPP

Erection of detached dwellinghouse

32 Ardenfield Ardentinny Dunoon Argyll PA23 8TU

04/01438/COU Mr J McEleny 21/07/2004 31/08/2004 10/01/2005 WARAPP

Change of use of (former) residential home into 3 no Flats Erskine House 147 Alexandra Parade Dunoon Argyll PA23 8AW 04/01631/ERD Mr J Burton 18/08/2004 15/10/2004 15/12/2004 WARAPP

Conversion of Care Home to Dwellinghouse

Ardeer Innellan Dunoon Argyll PA23 7SP

04/01736/MTP Mr A Gibson 02/09/2004 28/09/2004 07/01/2005 WARAPP

Alteration and extension to tearoom to form additional seating and kitchen area Ettrick Bay Tearoom Rothesay Isle Of Bute PA20 0QT

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

14 January 2005 Page 1 of 6 Page 62

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01785/EXT D And A Sutherland 06/09/2004 29/09/2004 22/12/2004 WARAPP

Erection cof Conservatory extension to existing dwelling house Home Farm Cottages Glendaruel Colintraive Argyll PA22 3AB 04/01876/ALT Mr And Mrs J Armstrong 20/09/2004 22/10/2004 10/01/2005 WARAPP

Alterations to existing dormers, and erection of conservatory. 17 Pilot Street Dunoon Argyll PA23 8DB

04/01939/EXT Caladh Funeral Services 29/09/2004 01/12/2004 10/01/2005 WARAPP

Extension to replace portacabin

Shop Boreland Park 57 Marine Parade Kirn Dunoon Argyll PA23 8HF 04/01993/ERD Stephen D Cooper 04/10/2004 11/11/2004 10/01/2005 WARAPP

Erection of detaached dwelling , septic tank and domestic oil storage tank Land To The Southwest Of Cairnbaan Sandbank Dunoon Argyll 04/02027/ERD Mr And Mrs J Primrose 13/10/2004 08/11/2004 06/01/2005 WARAPP

Change of Use from store room to dwelling (1 Bedroom) Former Village Hall Ardentinny Dunoon Argyll

04/02043/ERD Mr And Mrs D McAlister 14/10/2004 10/12/2004 05/01/2005 WARAPP

Erection of dwellinghouse and garage

Land North Of 13/15 High Road Port Bannatyne Rothesay Isle Of Bute 04/02100/ERD T Sharp 25/10/2004 26/11/2004 10/01/2005 WARAPP

Erection of detached dwelling and garage

Plot 2 Land West Of Machair Cottages Toward Dunoon Argyll 04/02105/ALT Bruce D Pettie 26/10/2004 25/11/2004 05/01/2005 WARAPP

Alteration to dwellinghouse (new kitchen, bathroom, en-suite) Seacliffe Strachur Argyll PA27 8DD

14 January 2005 Page 2 of 6 Page 63

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/02124/EXT I And L Black 28/10/2004 30/11/2004 21/12/2004 WARAPP

Extension to dwellinghouse, to form rear kitchen

3 Kirn Gardens Kirn Dunoon Argyll PA23 8HG

04/02165/EXT Mr And Mrs Cullinane 03/11/2004 09/12/2004 22/12/2004 WARAPP

Extension to dwelling -

Little Kilmory Cottage Rothesay Isle Of Bute

04/02188/MTP Mr Allan McDougall 01/11/2004 08/12/2004 15/12/2004 WARAPP

Alterations and Extension to Cottage

Lowburn Cottage Cairndow Argyll PA26 8BL

04/02191/ERD Kenneth Bruce 04/11/2004 29/11/2004 15/12/2004 WARAPP

Subdivision of existing 2 storey villa into two self contained flats - New Kitchens and Heating systems, 147 Victoria Road Dunoon Argyll PA23 7NX

04/02192/ERD Gavin And Denice Purdie 04/11/2004 26/11/2004 07/01/2005 WARAPP

Erection of dwellinghouse

Land West Of Portindrain Cottage Strathlachlan Strachur Argyll PA27 8BU 04/02231/ALT Neil Blair And Son 12/11/2004 25/11/2004 21/12/2004 WARAPP

Alterations to Existing flat (New Sprial Staircase and loft bedroom) New Kitchen Window Opening, New 2 Alawal North Kames Tighnabruaich Argyll PA21 2AD

04/02240/EXT Dr H Andrews And Dr S Read 12/11/2004 26/11/2004 22/12/2004 WARAPP

Side extension to house (for Music Room)

Auchenbreck Farmhouse Colintraive Argyll PA22 3AH

04/02308/ALT Mr T McDermott 23/11/2004 14/12/2004 10/01/2005 WARAPP

Alterations to dwelling to form 2 bedrooms and bathroom within loft space 33 Mcarthur Street Dunoon Argyll PA23 7PL

14 January 2005 Page 3 of 6 Page 64

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/02310/ALT George McMillan 23/11/2004 14/12/2004 23/12/2004 WARAPP

Conversion and Alteration of a dwelling's storage area into a store, pantry, hallway, sitting room, (inculding a Smithy Cottage Glendaruel Colintraive Argyll

04/02311/EXT Prof James J Sharp 23/11/2004 26/11/2004 21/12/2004 WARAPP

Extension to dwelling to form replacement porch.

Garfield Innellan Dunoon Argyll PA23 7SH

04/02357/ERC Mrs Hawkins 01/12/2004 08/12/2004 19/12/2004 WARAPP

Replacement of porch with (unheated) Sun-room to front elevation. Ardmun Kilmun Dunoon Argyll PA23 8SD

04/02358/ERC Ian And Anne McNee 01/12/2004 15/12/2004 15/12/2004 WARAPP

Erection of storage shed (with internal toilet)

Unit 1/2 Industrial Estate Sandbank Industrial Estate Highland Avenue Sandbank Dunoon Argyll 04/02359/ALT Mr And Mrs Seddon 01/12/2004 15/12/2004 15/12/2004 WARAPP

Installation in lounge/dining room of a (solid fuel) hearth, fireplace, stove, fluepipe, chimney and Scholars Retreat Lochgoilhead Argyll PA24 8AQ

04/02360/ALT Mrs Jean Grimes 01/12/2004 15/12/2004 15/12/2004 WARAPP

New central heating combi boiler with new external (LPG) gas tank _ New en-suite bathrrom formed for Elfin Cottage Ardentinny Dunoon Argyll PA23 8TT

04/02361/ALT Royal Mail Group Plc. 02/12/2004 15/12/2004 11/01/2005 WARAPP

Internal alterations to form new enquiry office , new toilet accomodation, kitchen and cleaners store Shop 207 Argyll Street Dunoon Argyll

04/02362/EXT Mr And Mrs J McCrossan 02/12/2004 15/12/2004 15/12/2004 WARAPP

Rear extension to kitchen (with new mono pitched roof) 7 Gordon Street Dunoon Argyll PA23 7EJ

14 January 2005 Page 4 of 6 Page 65

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/02413/AOW William Campbell 09/12/2004 13/12/2004 10/01/2005 WARAPP

Amendment to approved plans (amendment to 04/01733/ALT) Springbank Tighnabruaich Argyll PA21 2EJ

04/02423/ALT Lorna G Morss 13/12/2004 14/12/2004 22/12/2004 WARAPP

Alterations to form French doors from kitchen

Rosewood Townhead Rothesay Isle Of Bute PA20 9JH 04/02426/ALT Cathrine Scott 13/12/2004 16/12/2004 10/01/2005 WARAPP

Alteration to dwelling to form shower room on ground floor Barandachoid Strathlachlan Strachur Argyll PA27 8BU

04/02428/AOW Mr & Mrs D Strongman 14/12/2004 05/01/2005 07/01/2005 WARAPP

Amendment to approved plans, to cover use of steel beams (amendment to 99/00248/MTP) Finnorie 2 Dixon Avenue Kirn Dunoon Argyll PA23 8NA 04/02431/MTP Mr And Mrs McCabe 14/12/2004 15/12/2004 15/12/2004 WARAPP

Rear extension to utility room (toilet) and front bay window extension to living room Linnwood Cottage Blairmore Dunoon Argyll PA23 8TJ

04/02445/MTP Mr And Mrs Thompson 15/12/2004 23/12/2004 23/12/2004 WARAPP

Removal of carport and erection of (unheated) conservatory Staffa Cromlech Road Sandbank Dunoon Argyll KA14 3AL 04/02446/ALT Mrs Douglas 15/12/2004 23/12/2004 23/12/2004 WARAPP

Proposed alterations to enlarge bathroom internally and form patio doors in living room window opening 39 Dixon Avenue Kirn Dunoon Argyll PA23 8JF

04/02447/ERC Mr And Mrs J Marshall 15/12/2004 21/12/2004 21/12/2004 WARAPP

Erection of attached (domestic) garage

82 Mary Street Dunoon Argyll PA23 7EH

14 January 2005 Page 5 of 6 Page 66

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/02457/AOW Drimsynie Construction Ltd 17/12/2004 05/01/2005 07/01/2005 WARAPP

Amendment to approved plans, to employ unvented hot water cylinder.(amendment to 02/01863/ERD) Plot 2, Southmost, Main Road Lochgoilhead Argyll

04/02458/AOW Drimsynie Construction Ltd 17/12/2004 05/01/2005 07/01/2005 WARAPP

Amendment to approved plans, to employ unvented hot water cylinder (02/01862/ERD) Plot 1 Northmost, Main Road Lochgoilhead Argyll

04/02478/LOC Mr And Mrs Bruce 21/12/2004 06/01/2005 COMF

Request for Letter of Comfort confirmation of completion relating to 98/01096/ALT Ochil View 109 Queen Street Dunoon Argyll PA23 8AX

14 January 2005 Page 6 of 6 Page 67 Agenda Item 6a

ARGYLL AND BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE CORPORATE SERVICES 1ST FEBRAUARY 2004 PARTNERSHIP WITH DUNOON AND COWAL MARKETING GROUP

1. BACKGROUND

1.1 The recently approved Bute and Cowal Area Strategy contains the key issue of Enhancing the Economic Viability of the Bute and Cowal Area and recognises the need to; (a) develop Dunoon as a Gateway and Centre for Loch Lomond and Trossachs National Park (b) pursue additional resources to properly facilitate the inclusion of Argyll Forest Park in the National Park (c) better market the assets and expansion of the economy of the Bute and Cowal Area.

1.2 Recognising the need for close co-operation with Argyll and Bute Council, Dunoon and Cowal Marketing Group have recently amended their constitution removing their ‘lobbying’ role and are now seeking partnership with the Area Committee in the promotion and marketing of the Dunoon and Cowal Area.

2. RECOMMENDATION

2.1 Bute and Cowal Area committee agrees to form a Partnership Group with Dunoon and Cowal Marketing Group comprised as follows:- (i) three members of Bute and Cowal Area Committee, one of whom will chair the group; three members of Dunoon and Cowal Marketing Group; a representative of ALLST/Visit Scotland.

(ii) representatives of other groups/bodies as the Partnership Group consider appropriate for projects/initiatives.

Nigel Stewart Director of Corporate Services 18th January 2005

For further information contact George McKenzie at 01369704374/01700503331 Page 68

This page is intentionally left blank Page 69 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 7a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 70

This page is intentionally left blank Page 71 NOT FOR PUBLICATION by virtue of paragraph(s) 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 72

This page is intentionally left blank Page 73 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 7b of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 74

This page is intentionally left blank Page 75 NOT FOR PUBLICATION by virtue of paragraph(s) 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 76

This page is intentionally left blank Page 77 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 7c of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 78

This page is intentionally left blank