IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING () ACT 1997

BREACH OF CONDITIONS NOTICE

REFERENCE NUMBER: 09/00157/ENBOC2

To:

Mr MacDougall C/o John Rodgers Linne View Mull

SERVED BY: AND BUTE COUNCIL, KILMORY, LOCHGILPHEAD

1. THIS IS A FORMAL NOTICE which is served by Council, under Section 145 of the Town and Country Planning (Scotland) Act 1997, because it is considered that a condition imposed on the grant of planning permission, relating to the land described below, has not been complied with. It is considered that you should be required to comply or secure compliance with the condition specified in this notice.

2. THE LAND AFFECTED BY THE NOTICE

The site to which this notice relates (shown edged in red on the attached plan) forms an area of land known as Land West Of Hannay House Fionnphort Argyll And Bute

3. THE RELEVANT PLANNING PERMISSION

The relevant planning permission to which this notice relates is the permission granted by Argyll and Bute Council (Reference Number 06/01712/DET) on the 14.11.2006 for the erection of a detached dwelling house.

4. BREACH OF CONDITION

The following condition(s) has/have not been complied with:

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

2.) Condition 3: Prior to the commencement of development, further details of car parking and turning arrangements to serve the development shall be submitted to and approved in writing by the Planning Authority. Such details shall include three car parking spaces within the site, in accordance the Council’s Roads Guidelines. The proposed parking and turning areas shall thereafter be formed in accordance with the approved details and brought into use prior to the first occupation of the dwellinghouse hereby approved.

3.) Condition 5: Prior to the commencement of development, full details of the proposed roof finish shall be submitted to and approved in writing by the Planning Authority; such details shall include a high quality slate substitute. The dwellinghouse shall thereafter be constructed in accordance with the approved details unless otherwise agreed in writing by the Planning Authority.

4.) Condition 6: The development shall not begin until details of a scheme of boundary treatment, surface treatment and landscaping works have been submitted to and approved in writing by the Council, as Planning Authority: Details of the scheme to include –

i) location and design, including materials, of any walls, fences, hedges and gates. ii) surface treatment of means of access and hardstanding areas.

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Council as planning authority, within six months of the dwelling house being occupied or brought into use. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting season following the commencement of the development unless otherwise agreed in writing with the Council, as Planning Authority, and shall be maintained thereafter for a minimum of ten years.

5. WHAT YOU ARE REQUIRED TO DO

As the person responsible for the breach of condition specified in paragraph 4 of this notice, you are required to comply/secure compliance with the stated condition(s) by taking the following steps:

1.) Adhere to the requirements of planning conditions 2, 3, 5 and 6 listed above.

6. TIME FOR COMPLIANCE

Time for compliance will be 3 months from the date this notice takes effect.

7. DATE THIS NOTICE TAKES EFFECT

This notice takes effect immediately as it is served on you by recorded postal delivery.

Dated: 28 April 2009

Head of Planning Kilmory Lochgilphead

On behalf of Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT

WARNING - THERE IS NO RIGHT OF APPEAL AGAINST THIS NOTICE

It is an offence to contravene the requirements stated in paragraph 5 of this notice after the end of the compliance period. The maximum penalty for such an offence is £1000.00.

If you are in any doubt about what this notice requires you to do, you should get in touch immediately by telephone, followed by written enquiry to . Area Team Leader, Planning Services, , Lorn and the Isles

If you need independent advice about this notice, you are advised to contact urgently a lawyer, planning consultant or other professional advisor specialising in planning matters. If you wish to contest the validity of the notice, you may only do so by an application to the Court of Session for judicial review. A lawyer will advise you on what procedure this process involves.

DO NOT LEAVE YOUR RESPONSE TO THE LAST MINUTE