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

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

1 December 2004

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 8 DECEMBER 2004 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGISES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of Oban Lorn & the Isles area committee meeting held on 3rd November 2004 (Pages 1 - 6)

(b) Note in connection with Hearing held in An Talla, Tiree, in respect of planning application ref. 04/00176/MIN (Pages 7 - 10)

(c) Report by Area Corporate Services Manager in regard to Local Public Holidays 2005 - Oban and Tobermory (Pages 11 - 12)

4. COMMUNITY SERVICES

(a) Applications for Financial assistance under the Education Welfare Grants Scheme (Pages 13 - 18)

(b) Applications for financial assistance under the Leisure Development Grants Scheme (Pages 19 - 26)

(d) Report by Director of Community Services in regard to school holidays and inservice days: 2005/2006 (Pages 31 - 36)

5. DEVELOPMENT SERVICES

(a) List of Building Warrants approved by the Director of Development Services since the last meeting (Pages 37 - 44)

(b) List of Delegated Decisions issued by the Director of Development Services since the last meeting (Pages 45 - 56)

(d) 04/00572/OUT: Rubha Nan Ron Seafoods: Site for the erection of a storage shed serving oyster farm - Land North East of Winterton Farm, Balvicar, Isle of Seil (Pages 59 - 72)

(e) 04/00574/OUT: Rubha Nan Ron Seafoods: Site for Erection of Dwellinghouse - Land North East of Winterton Farm, Balvicar (Pages 73 - 84)

(f) 04/00975/COU: Gilbert MacKechnie: Change of use of land to form caravan pitches - Ganavan Pavillion, Ganavan, Oban (Pages 85 - 96)

(g) 04/01295/OUT: Mr S Barton: Outline permission for one dwelling - Deerview, Taynuilt (Pages 97 - 106)

(h) 04/01574/OUT: Mrs. Anne Elwis: Site for the Erection of a Dwellinghouse - Land south west of Erray House, Erray Road, Tobermory (Pages 107 - 116)

(i) 04/01738/DET: Josephine Grant: Replacement of front windows (retrospective) - First Floor Flat, 126 George Street, Oban (Pages 117 - 122)

(j) 04/01789/LIB: Josephine Grant: Replacement of front windows (retrospective) - First Floor Flat, 126 George Street, Oban (Pages 123 - 128)

(k) 04/01904/OUT: David and Lorna Moseley: Site for the erection of a dwellinghouse - Land north west of Old Schoolhouse, Kilmore, by Oban (Pages 129 - 136)

(l) 04/01933/VARCON: Mr and Mrs D Thomson: Site for a dwelling - Land west of Dunard, Glen Lonan, Taynuilt (Pages 137 - 144)

(m) 04/01951/OUT: Mr David Colthart: Site for the erection of a dwellinghouse - Plot 2 Barrancaltuim Barran, Kilmore, Oban (Pages 145 - 152)

(n) 04/01952/OUT: Mr David Colthart: Site for the erection of a dwellinghouse - Plot 1 Barrancaltuim Barran, Kilmore, Oban (Pages 153 - 162)

(o) Report by Head of Planning in regard to Planning Appeals (Pages 163 - 164)

(p) Report by Director of Development Services in regard to Asset Register (Pages 165 - 174)

6. OPERATIONAL SERVICES

(a) Report by Roads and Amenity Services Manager in regard to traffic congestion in Soroba Road, Oban (Pages 175 - 178)

(b) Report by Roads and Amenity Services Manager in regard to flooding in Dalintart, Oban (Pages 179 - 180)

7. PUBLIC QUESTION TIME

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

The appropriate paragraphs are:-

E1 and E4: 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.

E2 and E3: Paragraph 13 Information which, if disclosed to the public, would reveal that the authority proposes-

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

E1 8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) Report by Director of Corporate Services in regard to 2 Argyll Street, Oban (Pages 181 - 184)

(b) Report by Director of Corporate Services in regard to 26 Alexandra Place, Oban (Pages 185 - 192)

E2 9. ENFORCEMENT ACTION

(a) Enforcement Ref.04/00204/ENFOTH (Pages 193 - 194)

E3 10. TREE PRESERVATION ORDER

(a) Report by Head of Planning in regard to Tree Preservation Order, Taynuilt (Pages 195 - 198)

E4 11. DEEDS AND DOCUMENTS

(a) Report by Chief Solicitor in regard to formal Deeds and Documents issued since the last meeting (Pages 199 - 202)

OBAN, LORN & THE ISLES AREA COMMITTEE

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

Contact: Kenneth MacDonald, Area Corporate Services Manager - 01631 567902

Page 1 Agenda Item 3a

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 3 NOVEMBER 2004

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

Attending: George Harper, Director of Development Services Kenneth Macdonald, Area Corporate Services Manager Sandy McAuslan, Estates Surveyor Iain MacKinnon, Senior Environmental Health Officer Elaine Docherty, Resource Manager, Adult Services Maureen Beaton, Social Work Neil McKay, Planning Manager Ian McIntyre, Senior Planning Officer Fergus Murray, Planning Services Neil Brown, Roads and Amenity Services Manager

The Chairman introduced Mr Ian McIntyre, the newly appointed Senior Planning Officer for Oban Lorn and the Isles area.

1. APOLOGIES FOR ABSENCE

Apologies for absence were intimated on behalf of Councillors Ian Gillies, Alistair MacDougall and Donald McIntosh.

2. DECLARATIONS OF INTEREST

Councillor Elaine Robertson declared a non-pecuniary interest in planning applications refs. 03/02116/DET, 04/01270/OUT and 04/01369/DET, dealt with in items 5(d), 5(g) and 5(j) respectively of this minute, because of her husband’s position in a firm of solicitors with an interest in these matters.

Councillor Sidney MacDougall declared a non-pecuniary interest in planning application ref. 03/02116/DET dealt with in item 5(d) of this minute, because of his business association.

3. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 6TH OCTOBER 2004

The Committee approved as a correct record the Minute of the meeting held on 6th October 2004.

In response to a question from the Chairman in regard to the sale of the former Dalavich School, dealt with in item 7(a) of the Minutes, it was reported that the Head of Strategic Finance had confirmed that capital receipts from any disposal of Page 2

school estate property will be ring fenced for application to meet ongoing unitary charges.

4. COMMUNITY SERVICES

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

The Committee considered an application from CAB (Oban, Lorn & the Isles) for financial assistance under the Social Welfare Grants Scheme.

Decision:

It was agreed that no grant be awarded.

Councillor Robertson, having failed to find a seconder for her amendment that a grant of £3,000 be awarded, asked that her dissent be recorded.

(Ref: Report by Area Manager, Social Work)

5. DEVELOPMENT SERVICES

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

The Committee noted a list dated 13th October 2004 of Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 13th October 2004, submitted)

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

The Committee noted a list dated 13th October 2004 of applications for planning permission in respect of which delegated decisions had been issued since the last meeting.

(Ref: List of approvals dated 13th October 2004, submitted)

The Committee dealt with planning applications as follows:

(d) 03/02116/DET: J. ADAMS: ERECTION OF A HOUSE - MELFORT HOME FARM, MELFORT

It was agreed that this application be continued to a site inspection meeting to be h Page 3

held on 17th November 2004.

(Ref: Report by the Head of Planning dated 18th August 2004, Supplementary Report No.1 dated 21st September 2004 and Supplementary Report No.2 dated 27th October 2004, submitted)

(e) 04/00138/DET: DR M MACKAY-JAMES: DEMOLITION OF FORMER WOOD STORE AND ERECTION OF A DWELLINGHOUSE - FORMER WOOD STORE, GLENCRUITTEN ESTATE, OBAN

After consideration of Supplementary Report No.2 by the Head of Planning dated 28th October 2004, it was agreed that this application be refused for the reasons set out in Report dated 13th September 2004.

(Ref: Report by the Head of Planning dated 13th September 2004, Supplementary Report No.1 dated 13th September 2004 and Supplementary Report No.2 dated 28th October 2004, submitted)

(f) 04/00652/OUT: D. CAMPBELL: ERECTION OF A HOUSE - MELFORT ESTATE, MELFORT

It was agreed that consideration of this application be continued to a site inspection meeting to be held on 17th November 2004.

(Ref: Report by the Head of Planning dated 14th September 2004 and Supplementary Report No.1 dated 12th October 2004, submitted)

(g) 04/01270/OUT: J. S. OFFORD: HOUSING DEVELOPMENT - BROCHROY, TAYNUILT

It was agreed that consideration of this application be continued to a site inspection meeting to be held on 17th November 2004. Members expressed concern that no consultation response had been received from the Crofters Commission, and it was agreed that a letter be sent to that body urging that consultations in regard to planning applications be responded to timeously.

(Ref: Report by Head of Planning dated 7th October 2004 and Supplementary Report No.1 dated 27th October 2004, submitted)

(h) 04/01300/OUT: MR D. CARMICHAEL: ERECTION OF A HOUSE - ADJACENT TO THE TELEPHONE EXCHANGE, TAYCHREGGAN, APPIN

Withdrawn.

Page 4

(i) 04/01305/OUT: MR DAVID AINSLEY: SITE FOR THE ERECTION OF A DWELLINGHOUSE - LAND SOUTH OF DUNAVERTY, ELLENABEICH, ISLE OF SEIL

Withdrawn.

(j) 04/01369/DET: J. MOFFAT: ERECTION OF A DWELLING AND 3 ADDITIONAL HOLIDAY CHALETS - AIRDENY CHALETS, GLEN LONAN

Approved, subject to conditions as set out in report by Head of Planning dated 12th October 2004.

(Ref: Report by Head of Planning dated 12th October 2004, submitted)

(k) 04/01436/DET: FOOD CONVERTORS LTD: DEMOLISH EXISTING BUILDINGS AND ERECTION OF FIVE TOWNHOUSES - ARGYLL HOTEL, CORRAN ESPLANADE, OBAN

After consideration of Supplementary Report No.1 by the Head of Planning dated 28th October 2004, it was agreed it was agreed that this application be refused for the reasons set out in the report by Head of Planning dated 6th October 2004.

(Ref: Report by Head of Planning dated 6th October 2004 and Supplementary Report No.1 dated 28th October 2004)

(l) 04/01438/LIB: FOOD CONVERTORS LTD: DEMOLISH EXISTING BUILDINGS AND ERECTION OF TWO TOWNHOUSES - ARGYLL HOTEL, CORRAN ESPLANADE, OBAN

Demolition approved, subject to the conditions set out in the report dated 6th October 2004 by the Head of Planning.

(Ref: Report by Head of Planning dated 6th October 2004, submitted)

(m) 04/01539/DET: MR AND MRS S. ASHER: ERECTION OF A HOUSE AND GARAGE - ADJACENT TO THE CRAFT SHOP, NORTH CONNEL

Refused for the reasons set out in the Supplementary Report No.1 by the Head of Planning dated 12th October 2004.

(Ref: Report by Head of Planning dated 14th September 2004, and Supplementary Report No.1 dated 12th October 2004, submitted)

(n) 04/01565/OUT: MR AND MRS BROWN: ERECTION OF A HOUSE - ARDENSTUR, MELFORT

Refused for the reasons set out in the report by Head of Planning dated 8th October Page 5

2004.

(Ref: Report by Head of Planning dated 8th October 2004, submitted)

(o) 04/01586/OUT: MARK AND ROBIN MACQUEEN: SITE FOR THE ERECTION OF TWO DWELLINGHOUSES - LAND WEST OF DUNARD, GLENCRUITTEN, OBAN

Withdrawn.

(p) ARGYLL & BUTE LOCAL PLAN - REPORT BY HEAD OF PLANNING ON SIGNIFICANT ISSUES RAISED DURING CONSULTATION PROCESS

The Committee considered, and noted, a report by Head of Planning Services in regard to the main general and localised issues that have arisen following the publication of the Consultative Draft Local Plan, and the next key milestones for the production of the Local Plan.

Members urged officers to attempt, if possible, to accelerate the timescale for production of the Local Plan.

(Ref: Report by Head of Planning Services, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY AREA ROADS AND AMENITY SERVICES MANAGER IN REGARD TO STRATEGIC ROADS PROJECTS

Members considered, and approved, a report by Area Roads and Amenity Services Manager listing Strategic Transportation Projects for the Oban, Lorn and the Isles area.

(Ref: Report by Area Roads and Amenity Services Manager, submitted)

7. PUBLIC QUESTION TIME

There were no questions from members of the public.

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY RESOURCE MANAGER, ADULT SERVICES, IN REGARD TO 2 ARGYLL STREET, OBAN

Members considered a joint report by the Children & Families Area Services Manager and the Estates Surveyor in regard to services provided from 2 Argyll Street, Oban.

Decision:

Page 6

It was agreed to continue consideration of this item to the Business Meeting to be held on 15th November 2004.

(Ref: Joint report by the Children & Families Area Services Manager and the Estates Surveyor, submitted)

(b) REPORT BY ESTATES SURVEYOR IN REGARD TO OFFICES AT 26 ALEXANDRA PARADE, OBAN

Members considered a joint report by the Resource Manager, Adult Services and the Estates Surveyor in regard to office premises at 26 Alexandra Place, Corran Esplanade, Oban.

Decision:

It was agreed to continue of consideration of this item to the Business Meeting to be held on 15th November 2004.

(Ref: Joint report by the Resource Manager, Adult Services and the Estates Surveyor, submitted)

With reference to the decision, at the meeting of the Area Committee held on 6th October, that consideration of a letter dated 6th September 2004 from the Manager of the Quarriers North Argyll Carers Centre regarding an increase in rental be continued to this meeting, Members considered a further letter dated 26th October 2004 from the Centre Manager, copies of which had been circulated, and noted that the matter had been resolved as the new rental figure had been accepted.

(Ref: Letters dated 6th September and 26th October 2004, submitted)

(d) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO STATUS OF RENT COLLECTION - OBAN COMMERCIAL PROPERTIES

Members considered a report by the Director of Corporate Services dated 2nd November 2004 in regard to the present position with respect to recovery of arrears from tenants of leased industrial units in Oban.

Decision:

It was agreed:

(a) to note the report; and

(b) that an updated report be prepared for submission to the next meeting.

(Ref: Report by Director of Corporate Services dated 2nd November 2004, submitted) Page 7 Agenda Item 3b

ARGYLL & BUTE COUNCIL

Note in connection with Hearing held in the An Talla, Tiree on Thursday 21st October 2004 in regard to the following applications for planning permission:

Ref: 04/00176/MIN: West Coast Aggregates Ltd: Extraction of Aggregates – Site south of West Hynish, Isle of Tiree.

Present: Councillor Allan Macaskill (Chairman) Councillor Robin Banks Councillor Sidney MacDougall Councillor Duncan MacIntyre

Also Present: Mr Kenneth Macdonald, Area Corporate Services Manager Mr Neil MacKay, Development Control Manager Mr Neil Brown, Area Roads and Amenity Services Manager Mr Paul Reynolds, Public Protection Mr John Evans, Minerals Resource & Management Ltd. (on behalf of the applicant) Mr Angus MacKinnon (on behalf of the applicant) Ms Ruth Jackson, Land Use Consultants (on behalf of the objectors) Mrs Mabel MacArthur, Tiree Community Council (on behalf of the objectors)

Apologies: Councillor Alistair MacDougall Councillor Donald McIntosh Councillor Elaine Robertson

Declaration of Interest: Councillor Ian Gillies declared a pecuniary interest due to his employer’s interest in this matter, left the room and took no part in the discussion.

It was unanimously agreed that Councillor Macaskill act as Chairman.

In accordance with the decisions of the Area Committee on 3rd August 2004, a hearing was held in regard to planning application ref: 04/00176/MIN: West Coast Aggregates Ltd: Extraction of Aggregates – Site south of West Hynish, Isle of Tiree.

Following introductions the Chairman explained to those present the format for the meeting. He then invited Mr MacKay to address the Committee in relation to the application.

Mr Neil MacKay, Development Control Manager, referred those present to the supplementary report No.2 dated 18th October 2004, supplementary report No.1 dated 16th August 2004 and the report dated 23rd July 2004, by the Head of Planning, which set out the basis of the planning assessment. He concluded by recommending that this application be approved, subject to (a) conditions 1-3 and 5-28 as set out in the supplementary report No.2 dated 18th October 2004; (b) condition 4, subject to the substitution of ‘environmental statement’ with ‘statement of intent’; (c) an additional condition to address the requirement for a dust management plan; and (d) the conclusion of a Section 75 Agreement (relative to the securing of a financial bond to cover restoration, the calculation of which is to be drawn up by an independent consultant paid for by the applicant, which also makes allowance for regular reviews during restoration to ensure that it is in line with the cost of restoration).

1 Page 8

Mr Evans, on behalf of the applicant, stated that the proposal, relating to an average annual extraction of 3000 tonnes over a period of 20 years, will only serve markets on the island, and no material will be taken off the island. He advised that the excavation, crushing and screening operations would last for 4-6 days on average, on 2-3 occasions per year. Employment for up to 3 local people will be generated. He asserted that local planning policy is supportive of this type of development where there is a proven local need, and where environmental impact can be shown to be at an acceptable level. The applicant had undertaken research of alternative sites, using as reference a British Geological Survey report published in 2002, and it was considered that the West Hynish site provided the most attractive source of suitable material, taking into account environmental, access and infrastructure issues. He asserted that there would be a minimal impact upon visual amenity as the excavated material, stockpiled in bunds, will allow the crushing and screening plant to be sited at low level within the site. Works would be commenced at the south of the site and progress northwards, thus further limiting visual impact. In terms of hydrology, Mr Evans stated that the site consists largely of cobbles at the surface and will be free-draining. As far as dust mitigation is concerned he assured that a water bowser would be retained on site to dampen the access or any other part of the site as appropriate. Noise impact will be minimal due to the limited scale of operations. Traffic movements will be an average of only 1 vehicle per day. He pointed out that neither Scottish Natural Heritage (SNH) nor the Scottish Environmental Protection Agency (SEPA) had highlighted any concerns in regard to coastal erosion. Neither had SNH raised any concerns in regard to ecological impact. He concluded by asking that Members approve the recommendations of the Head of Planning.

Mr MacKinnon stated that he was a 3rd generation builder on the island, and expressed concern in regard to the financial impact of importing aggregate from the mainland, which would threaten the future of the island.

Ms Jackson, on behalf of a number of the objectors, asserted that the potential human and environmental impacts have not been fully considered. Consideration should be given to the carrying out of an environmental impact study on what is a bad neighbour development. She stated that a single source of material on the island is no guarantee that costs would be less. In terms of traffic impact she stated that peaks in use of the access will occur during the construction phases, and that this would lead to degradation of the road. Properties at West Hynish are old and sited at the roadside, and vibration from heavy vehicles will have adverse effects. She stated that the pipe for the septic tank serving No.12 Hynish passes under the road, and expressed concern in regard to potential damage. It was asserted that the issues of dust and noise had not been addressed properly, and should be considered prior to determination of the application. Similarly the issue of landscape had not been given full consideration insofar as bunds are not natural features. She referred to the statement in the Planning Officer’s report that the distance of the proposed bund from No.12 Hynish is 150 metres, and asserted that the correct distance is closer to 100 metres, thereby contesting that the impact would be insignificant. She claimed that the proposed development would prevent neighbouring proprietors accessing the beach for seaweed. In terms of effects upon the natural environment. Ms Jackson stated that otters, a protected species, are on site and little attention has been paid to this. She also asserted that more research would be required into the effects of erosion, as there is already a potential for high tides to reach the road. In summary, she stated that issues have not been assessed in sufficient detail, and that the objections raised are not against the principle of the proposal, but West Hynish is an inappropriate site.

2 Page 9

Mrs Mabel MacArthur, Chair of Tiree Community Council, stated that the Community Council is not opposed to a quarry on the island, and would welcome any proposal that would strengthen the viability of the island. The Community Council’s objection is based on location alone. She asserted that West Hynish is one of the most scenic and serene areas of the island, and is home to a wide variety of wildlife. The proposal would destroy the area and adversely affect tourism, upon which the island is dependent. She also expressed concern in regard to erosion, and asserted that removal of the natural barriers will have disastrous effects. She also asserted that the quality of life of Mr Hector Kennedy, whose house lies 2 metres from the road (a cart track), would be drastically affected. She then read out a letter from Mr Kennedy’s GP in support of this assertion.

In response to a question from Councillor Banks in regard to the Scottish Crofters Foundation, he was advised that this body was formerly known as the Scottish Crofters Union.

Mr Neil Brown advised that the issue of increased traffic had been identified and it had been recognised that this would occur in peaks and troughs. It was considered that there will be no adverse impact upon road safety. He had expressed concern in regard to deterioration of the road and had accordingly recommended that a ‘note to the applicant’ be attached to any approval to address this issue.

Mr McKay, summing up, acknowledged that the area is scenic and attractive, but was satisfied that the proposal will not have any significant adverse impact, and can be satisfactorily absorbed into the landscape. He stated that in his opinion there is no need for an environmental impact assessment to be carried out in this case, and that the matter of alternative sites would only become a relevant issue in the event that the current proposal is deemed to be unacceptable.

Mr Evans, summing up, stated that the concern raised in regard to the septic tank can be addressed by engineering works. Issues of dust, noise, bunds and wildlife have all been considered by specialist consultees and have been satisfactorily addressed. He confirmed that no blasting will take place. He concluded by stating the importance of a balance between minor impacts and the addressing of a commercial need on the island.

Ms Jackson, summing up, expressed the view that the proposed landscape mitigation measures are insufficient, and that an environmental impact assessment is necessary in this case and should be carried out. She expressed concern that no otter survey had been carried out by Scottish Natural Heritage. She concluded by asserting that insufficient information was available to allow Members to fully consider the application.

Decision:

It was unanimously agreed that this application be approved, subject to (a) conditions 1- 3 and 5-28 as set out in the supplementary report No.2 dated 18th October 2004; (b) condition 4, subject to the substitution of ‘environmental statement’ with ‘statement of intent’; (c) an additional condition to address the requirement for a dust management plan, the wording to be approved by the four Members present at the Hearing ; and (d) the conclusion of a Section 75 Agreement (relative to the securing of a financial bond to cover restoration, the calculation of which is to be drawn up by an independent consultant paid for by the applicant, which also makes allowance for regular reviews during restoration to ensure that it is in line with the cost of restoration).

Corporate Services 29th October 2004

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This page is intentionally left blank Page 11 Agenda Item 3c

______ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES CORPORATE AND LEGAL SERVICES AREA COMMITTEE 15 NOVEMBER 2004 ______

LOCAL PUBLIC HOLIDAYS - 2005 ______

1.0 SUMMARY

1.1 The report offers suggested dates for local public holidays, insofar as Oban and Tobermory are concerned.

2.0 RECOMMENDATION

2.1 It is recommended that Members approve the undernoted dates as local public holidays in 2005.

3.0 BACKGROUND

3.1 In the past it has been the practice to fix local public holidays each year, insofar as the Burghs are concerned.

3.2 Accordingly, the undernoted dates are suggested for the local public holidays in 2005 for Oban and Tobermory respectively. The pattern of dates follows that adopted for 2004.

OBAN Monday 7th February Monday 14th March Monday 2nd May Thursday 25th August Monday 26th September Monday 24th October

TOBERMORY Monday 7th February Monday 2nd May Monday 30th May Thursday 11th August Monday 29th August Monday 7th November

4.0 IMPLICATIONS

Policy: None Financial: None Personnel: None Equal Opportunities: None

For further information contact: Kenneth Macdonald, Area Corporate Services Manager, Telephone 01631 567902

Date: 9 November 2004 Page 12

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ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES COMMUNITY SERVICES AREA COMMITTEE December 2004

EDUCATION DEVELOPMENT GRANTS 2004-5

1. SUMMARY

1.1 The Council has set the 2004-05 budget for Education Development Grants to Oban, Lorn and the Islands Area at £26,267.

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

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendation Project Requested North Argyll Youth Forum £10,524.80 £1,000 £1,000

TOTAL £10,524.80 £1,000 £1,000

3. CONCLUSION

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

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Education Development Grants for 2004/05 will be £8,207.

4. IMPLICATIONS

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

Financial: The recommendations will allocate a further sum of £1000 from the funds available for 2004-5.

Page 14

Personnel: Nil

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

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

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ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES COMMUNITY SERVICES AREA COMMITTEE December 2004

LEISURE DEVELOPMENT GRANTS 2004-5

1. SUMMARY

1.1 The Council has set the 2004-05 budget for Leisure Development Grants to Oban, Lorn and the Islands Area at £22,300.

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

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendation Project Requested North Argyll Youth Forum £10,524.80 £1,000 £1,000 Glenorchy & Inishail £260 £130 £100 Community Council Kerrera Arts & Crafts £1700 £800 £800 Association Totals £12,484.80 £1,930 £1,900

3. CONCLUSION

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

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Leisure Development Grants for 2004/05 will be £5,743.

4. IMPLICATIONS

Policy: The recommendations are made within the policy for assistance to voluntary organisations. Page 20

Financial: The recommendations will allocate a further sum of £1,900 from the funds available for 2004-5.

Personnel: Nil

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

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

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This page is intentionally left blank Page 25 Version 3.1 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Glen Orchy & Inishail Community Scheme: Leisure Development Council Project: To replace a public bench as part of Cost: £260 the group’s landscaping of Dalmally Amount Requested: £130 station corner. Grant Recommended: £100 Other Funding in Place: The group will raise the balance from its own funds and from fund-raising efforts.

General Criteria (Key: Y – yes; N – No; N/A – not applicable)

S.M.A.R.T. Objectives demonstrated Y Constitution/non-profit making status checked Y Applicant’s expertise & resources adequate Y Fundraising/contribution to the project Y for project Work has not started Y Signed Audited Accounts checked Y Non political activity Y Bank accounts & reserves checked Y Volunteer training demonstrated N/A Open membership demonstrated Y Registered under 1995 Children Act N/A Sponsorship agreements checked N/A Project Consistent with Council priorities Y

Project Funding Application within 50% of total costs Y Ownership/leasehold checked N/A Statutory permissions obtained N/A Provision for on-going running & maintenance Y checked Three written estimates submitted N/A Publicity plans for A&B inclusion checked N

Additional Information The previous seat has rotted and needs to be replaced. The Community Council has undertaken to landscape the area and replace the bench which is frequently used by locals and tourists alike. The bulk of the Community Council’s assets (£1603 July ’04) are committed to another project and towards the purchase of landscaping materials, an updated financial statement will be provided.

Specific Criteria The bench and area is a popular meeting point for tourists and locals and contributes in a small way towards enhancing community life.

Scott Douglass Signed: Assessment Officer Page 26 Version 3.1 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Kerrera Arts & Crafts Association Scheme: Leisure Development Project: To purchase a marquee to hold art Cost: £1700 workshops, exhibitions, community Amount Requested: £800 association and community council Grant Recommended: £800 meetings and other community Other Funding in Place: £900 events.

General Criteria (Key: Y – yes; N – No; N/A – not applicable)

S.M.A.R.T. Objectives demonstrated Y Constitution/non-profit making status checked Applicant’s expertise & resources adequate Y Fundraising/contribution to the project Y for project Work has not started Y Signed Audited Accounts checked Y Non political activity Y Bank accounts & reserves checked Y Volunteer training demonstrated N/A Open membership demonstrated Y Registered under 1995 Children Act N/A Sponsorship agreements checked N/A Project Consistent with Council priorities Y

Project Funding Application within 50% of total costs Y Ownership/leasehold checked N Statutory permissions obtained N/A Provision for on-going running & maintenance Y checked Three written estimates submitted N Publicity plans for A&B inclusion checked Y

Additional Information The marquee will be sited near the ferry pier on Kerrera and will be used to hold art exhibitions, fund-raising events, community workshops such as photography, alternative health sessions and also Community Association & Community Council meetings. The marquee will be insured by the Arts & Crafts Association and toilets will be erected by the Employability Team near the site. Permission for this is currently awaited from the owner of the estate; the Award will be conditional on permission. The written estimate was the outcome of a search for best value Specific Criteria Rural disadvantage – lack of community meeting place following sale of Kerrera school Extending learning opportunities – through providing a venue for community workshops Supporting opportunities for individuals & groups to be active in community life Building community capacity

Scott Douglas Signed: Assessment Officer Page 27 Agenda Item 4c

ARGYLL AND BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE 8th DECEMBER 2004

DEPARTMENT OF COMMUNITY SERVICES

SOCIAL WELFARE GRANTS PAYMENT TO VOLUNTARY ORGANISATIONS

1. SUMMARY

1.1 This report details the recommendations for the award of Social Welfare Grants under Section 10 of the Social Work Scotland Act. All organisations are contacted and assessed in line with the Council’s criteria. The assessment and grant application forms are attached as an appendix.

1.2 The Strategic Policy Committee of the Council have agreed an allocation with the Director of Community Services for Oban, Lorn and the Isles of £16,367.25 for this purpose of which £7867.25 remains uncommitted.

2 RECOMMENDATION

That members agree an award of social welfare grant to the following:

Organisation Grant Amount Total Recommendation Awarded Requested Running 2002/03 Costs

2.1 Luing Social Committee £220 £550 £950 £475

3. DETAIL

Organisation Rationale for grant allocation

The provision of an annual programme of social activities 3.1 Luing Social Committee specifically targeted at vulnerable members of the community.

4. CONCLUSION

4.1 This recommendation is based on an assessment using the Council’s criteria.

Page 28

5. IMPLICATIONS

5.1 Policy: Nil

5.2 Financial: The report details the distribution of the budget for promotion of social welfare grants for Oban Lorn and the Isles.

5.3 Legal: The Community Services Department has to demonstrate that it is meeting its obligations under Section 10 of the Social Work Scotland Act.

5.4 Personnel: Nil

5.5 Equal Opportunities: Nil

Douglas Hendry Director of Community Services

For further information please contact:

Alex Taylor Area Service Manager Social Work Service Oban, Lorn and Isles

Tel 01631 563068

14th November 2004 Page 29

Version 3 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Luing Social Committee Scheme: SOCIAL WELFARE GRANTS Project: Cost: £950 SEASONAL ACTIVITIES Amount Requested: £550 Grant Recommended: £475 Other Funding in Place: £400

General Criteria (Key: Y – yes; N – No; N/A – not applicable)

S.M.A.R.T. Objectives demonstrated Y Constitution/non-profit making status checked Y Applicant’s expertise & resources adequate Y Fundraising/contribution to the project Y for project Work has not started N Signed Audited Accounts checked Y Non political activity Y Bank accounts & reserves checked Y Volunteer training demonstrated N/A Open membership demonstrated Y Registered under 1995 Children Act N/A Sponsorship agreements checked N/A Project Consistent with Council priorities Y

Project Funding Application within 50% of total costs Y Ownership/leasehold checked N/A Statutory permissions obtained N/A Provision for on-going running & maintenance N/A checked Three written estimates submitted N/A Publicity plans for A&B inclusion checked YES

Additional Information The Luing Social Committee is comprised of representatives from the community on the Isle of Luing. Its purpose is to provide appropriate seasonal community activities to the most vulnerable sections of the community i.e. children, young people, older persons including those who are housebound through age or infirmity and also to the disabled within the community. The Committee undertakes fundraising within the community in order to subsidise this programme. These activities offer opportunities for socialisation for those experiencing social isolation due to age and/or infirmity within a rural community where access to such resources is limited as a result of geography. Specific Criteria The Luing Social Committee has for many years organized an annual programme of social activities specifically targeted at vulnerable members of the community and therefore meets the specific criteria for the granting of Social Welfare Grants.

Signed: Tina Ellis Assessment Officer Page 30

This page is intentionally left blank Page 31 Agenda Item 4d

ARGYLL AND BUTE COUNCIL OBAN, LORN AND ISLES COMMUNITY SERVICES: EDUCATION AREA COMMITTEE 8 DECEMBER 2004

SCHOOL HOLIDAYS AND IN SERVICE DAYS: 2005/2006

1. SUMMARY

1.1 The Strategic Policy Committee at its meeting on 6 May 2004 agreed the framework of main holiday dates for schools in 2005/2006

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

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

2. RECOMMENDATIONS

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

2.2 Members are asked to agree that the details of schools holidays and inservice days for 2005/2006 should now be circulated to schools and all relevant organisations.

3. DETAIL

3.1 The Strategic Policy Committee at its meeting on 6 May 2004 agreed the main framework of school holiday dates for Session 2005/2006.

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

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

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

3.5 The patterns of inservice days and holidays for all schools in Oban, Lorn and the Isles for school session 2005/2006 are outlined in appendices 1, 2, 3 and 4 which are attached to this paper.

4. CONCLUSION

4.1 Following consultation with head teachers and school boards about the incorporation of inservice days and occasional day holidays into the framework of main holiday dates agreed by Strategic Policy Committee, the pattern of school holidays for 2005/2006 has now been identified.

5. IMPLICATIONS

Policy: None

Financial: None

Personnel: None

Equal Opportunity: None

Legal: None

Douglas Hendry Director of Community Services 10 November 2004

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

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APPENDIX 1

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2005/2006

OBAN, LORN AND THE ISLES

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

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

TERM 1 16 and 17 August 2005 In-service days 18 August 2005 Pupils return 07 October 2005 School closes 24 October 2005 School re-opens 25 November 2005 School Closes 28 November 2005 In-service day 29 November 2005 School re-opens 23 December 2005 School closes

TERM 2 09 January 2006 School re-opens 15 February 2006 School closes 16 and 17 February 2006 In-service days 21 February 2006 School re-opens 31 March 2006 School closes

TERM 3 18 April 2006 School re-opens 28 April 2006 School closes 02 May 2006 School re-opens 29 June 2006 School closes

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APPENDIX 2

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2005/2006

OBAN, LORN AND THE ISLES

Mull

Tobermory High School Dervaig Primary Lochdonhead Primary Salen Primary Ulva Primary

TERM 2 09 January 2006 School re-opens 15 February 2006 School closes 16 and 17 February 2006 In-service days 21 February 2006 School re-opens 31 March 2006 School closes

TERM 3 18 April 2006 School opens 28 April 2006 School closes 02 May 2006 School opens 29 June 2006 School closes

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APPENDIX 3

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2005/2006

OBAN, LORN AND THE ISLES

Tiree

Tiree High School Tiree Primary

TERM 1 16 and 17 August 2005 In-service days 18 August 2005 Pupils return 07 October 2005 School closes 24 October 2005 School opens 17 November 2005 School closes 18 November 2005 In-service day 21 November 2005 School opens 23 December 2005 School closes

TERM 2 09 January 2006 School re-opens 15 February 2006 School closes 16 and 17 February 2006 In-service days 21 February 2006 School re-opens 31 March 2006 School closes

TERM 3 18 April 2006 School re-opens 28 April 2006 School closes 02 May 2006 School re-opens 29 June 2006 School closes

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APPENDIX 4

COMMUNITY SERVICES: EDUCATION SCHOOL HOLIDAYS AND IN SERVICE DAYS 2005/2006

OBAN LORN AND THE ISLES

Ardchonnel

Ardchonnel Primary School

TERM 1 16 and 17 August 2005 In-service days 18 August 2005 Pupils return 23 September 2005 School closes 27 September 2005 School re-opens 14 October 2005 School closes 26 October 2005 School re-opens 16 November 2005 School closes 17 and 18 November 2005 In-service days 22 November 2005 School re-opens 23 December 2005 School closes

TERM 2 09 January 2006 School re-opens 15 February 2006 School closes 16 February 2006 In-service day 21 February 2006 School re-opens 31 March 2006 School closes

TERM 3 18 April 2006 School re-opens 28 April 2006 School closes 02 May 2006 School re-opens 29 June 2006 School closes

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Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

02/01733/AOW Mr Barry James Mactaggart 28/10/2002 29/10/200 12/11/2004 WARAPP 2 Attic conversion - Amendment to 02/00256/ALT granted 04 April 2002 - changes to stair plan 7 Longsdale Terrace Oban Argyll PA34 5JS

04/00237/ERD Mr Mrs Nigel Bruce 06/02/2004 13/02/200 22/10/2004 WARAPP 4 Erection of dwelling house

Land South West Of Matheson Croft Port Appin Appin Argyll 04/00566/ALT Mr And Mrs Gibson 22/03/2004 13/05/200 20/10/2004 WARAPP 4 Alterations to bathroom to form bedroom, alterations to dressing/nursery to form bathroom Achnasmearoch Kilchrenan Taynuilt Argyll PA35 1HF 04/00721/EXT West Highland Housing Association 08/04/2004 30/04/200 27/10/2004 WARAPP 4 Demolition and replacement of rear extension forming utility room with internal layout changes to Ulva Primary School Ulva Ferry Isle Of Mull PA73 6LT 04/00724/EXT West Highland Housing Association 08/04/2004 14/05/200 26/10/2004 WARAPP 4 Proposed alterations and extension

Schoolhouse Ruaig Scarinish Isle Of Tiree PA77 6TR 04/00726/EXT West Highland Housing Association Ltd 08/04/2004 17/05/200 26/10/2004 WARAPP 4 Proposed alterations and extension

Schoolhouse Balemartine Scarinish Isle Of Tiree PA77 6UA 04/00803/ERD Mr William A Lewis 22/04/2004 25/05/200 22/10/2004 WARAPP 4 Proposed dwellinghouse on croft-land

Croft Number 14, Airds Bay Croft Taynuilt Argyll

04/01108/EXT Frank Waplington 04/06/2004 07/07/200 04/11/2004 WARAPP 4 Extension to Dwellinghouse

Orcadia North Connel Oban Argyll PA37 1RF

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01198/ALT Mr & Mrs Wright 16/06/2004 14/09/200 10/11/2004 WARAPP 4 Alterations to Dwelling to remove ground floor partitions to form sitting room and attic conversion Land North East Of Rowanbank Dalmally Argyll

04/01263/ALT Mr Mrs Ronald Allan 24/06/2004 29/06/200 17/11/2004 WARAPP 4 Internal layout altered in second floor flat to form separate shower room and wc compartment, and 4F Battery Terrace Ardconnel Road Oban Argyll PA34 5DN 04/01266/ERD Mr Mrs M Jennison 24/06/2004 10/09/200 18/10/2004 WARAPP 4 Erection of dwelling house and garage, septic tank, and domestic oil storage tank. Land North East Of 8 Kilkenneth Scarinish Isle Of Tiree 04/01267/EXT Benmore Estate Limited 24/06/2004 14/07/200 03/11/2004 WARAPP 4 Extension to dwelling house

Bridge Cottage Gruline Isle Of Mull PA71 6HR

04/01278/ERD Jonathan And Jennifer Farrington 25/06/2004 16/10/200 04/11/2004 WARAPP 4 Change of use from Steadings to dwelling.

Collaig Kilchrenan Taynuilt Argyll PA35 1HG

04/01281/ERD Mr And Dr A Macgregor 25/06/2004 17/09/200 04/11/2004 WARAPP 4 Erection of dwelling house and garage

Ardconnel Farm Connel Connel Oban Argyll PA37 1RN 04/01294/ERD Argyll Properties Ltd 29/06/2004 16/07/200 04/11/2004 WARAPP 4 Erection of Two Dwelling Houses

Land North Of Morven House Glenmore Road Oban Argyll 04/01333/ERD Ronald Gordon C/o Shaw 06/07/2004 11/09/200 18/10/2004 WARAPP 4 Erection of Dwelling House and Installation of Septic Tank Land North Of Millbrae, Ledaig Benderloch Oban Argyll

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01362/ERD Mr & Mrs Urquhart 07/07/2004 31/08/200 22/10/2004 WARAPP 4 Erection of Dwellinghouse and Installation of Septic Tank Land South West Of Fir Glen Achnacroish Lismore Oban Argyll 04/01377/EXT Mr Tony Jones 13/07/2004 28/09/200 04/11/2004 WARAPP 4 2 storey side extension to dwelling house

Harbour View Scarinish Isle Of Tiree PA77 6UH

04/01421/ERD Mr And Mrs Sargeant 19/07/2004 23/08/200 27/10/2004 WARAPP 4 Erection of Dwelling House and Installation of Oil Storage Tank, and Demolition of Barn Land South Of Suidhe Bunessan Isle Of Mull

04/01422/ERD Mr And Mrs Macauley 19/07/2004 14/09/200 08/11/2004 WARAPP 4 Erection of Dwelling and Garage (Stage 2.) (all remaining stages SAP2001 = 80) Land East Of Lonruadh Cottages Tyneribbie Appin Argyll 04/01441/ERD Mr And Mrs Neil MacIntyre 21/07/2004 27/08/200 22/10/2004 WARAPP 4 Erection of Manager's House for adjacent HMO.

Cairnbhan Albany Street Oban Argyll PA34 4NF

04/01444/ERD West Highland Housing Association Ltd 19/07/2004 05/10/200 12/11/2004 WARAPP 4 Change of Use of Day Room to One-bedroomed House 3 - 6 Bealach-Na-Mara Port Appin Appin Argyll

04/01448/ERD William Ingram And Jane MacQueen 21/07/2004 12/09/200 19/10/2004 WARAPP 4 Erection of Dwellinghouse, oil storage tank, and septic tank Land 270m North East Of Ardconnel Farm Connel Oban Argyll 04/01522/EXT Easdale Seafood 02/08/2004 31/08/200 15/11/2004 WARAPP 4 Extension to seafood factory

T'Hule Beannachd Balvicar Oban Argyll PA34 4TF

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01524/ERD N Burch 02/08/2004 01/09/200 10/11/2004 WARAPP 4 Erection of dwelling house

Land West Of Katrine Cottage Pennyghael Isle Of Mull 04/01540/ERD Alison And Steve Willis 03/08/2004 01/09/200 04/11/2004 WARAPP 4 Erection of 3 dwellings for holiday letting use with associated septic tank and piped irrigation system Land West Of Drive Cottage, Drumlang Woods Gruline Isle Of Mull 04/01549/ALT Benmore Estates Ltd 05/08/2004 09/09/200 05/11/2004 WARAPP 4 Alterations to existing house

Knock House Gruline Isle Of Mull PA71 6HT

04/01550/COU Director Of Community Services 04/08/2004 09/10/200 03/11/2004 WARAPP 4 Change of use and alterations of former childrens hostel to Daycare facility with residential Willowview House Soroba Oban Argyll PA34 4SB

04/01558/EXT Mr Mrs D Hill 05/08/2004 07/09/200 05/11/2004 WARAPP 4 Timber framed extension to dwelling house to erect sun lounge, lounge, first floor balcony, bedroom 5 T'Hule Beannachd Balvicar Oban Argyll PA34 4TF

04/01603/EXT Mr And Mrs I McAdam 12/08/2004 29/09/200 21/10/2004 WARAPP 4 Extension to Dwellinghouse

Land North West Of Viewmount Tobermory Isle Of Mull 04/01606/AOW Mr And Mrs Durley 13/08/2004 13/08/200 12/11/2004 WARAPP 4 Demolition of existing sun room and erection of replacement sunroom Olrig Clachan Seil Oban Argyll PA34 4TL

04/01614/AOW Argyll And Bute Council 16/08/2004 20/08/200 03/11/2004 WARAPP 4 Amendment to Warrant 03/00418/ALT dated 20.03.03 to alter doors, add stairlift, alter first floor wc layout Municipal Buildings Albany Street Oban Argyll PA34 4AW

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01651/LOC Claire Bachellerie And Daniel Morgan 20/08/2004 02/11/2004 COMF

Confirmation of Completion for 98/01748/ALT and 02/00215/AOW Argyll Hotel Isle Of Iona PA76 6SJ

04/01702/ERC Mr Ian Cleaver 30/08/2004 08/10/200 11/11/2004 WARAPP 4 Erection of garage building

Dunoran Dalmally Argyll PA33 1AS

04/01720/EXT Mrs E Baird 30/08/2004 20/10/200 04/11/2004 WARAPP 4 Demolition of Existing And Erection of Replacement Extension 4 Newton Balephuil Scarinish Isle Of Tiree PA77 6UE 04/01758/ERD Mr T Bleazard 03/09/2004 07/10/200 04/11/2004 WARAPP 4 Erection of dwelling house with integral garage

Land Adjacent To Rowanbank Dalmally Argyll

04/01765/AOW J + E Maclean 06/09/2004 15/09/200 26/10/2004 WARAPP 4 Amendment to Warrant 03/00398/ERD - add patio steps and velux to roof, omit internal door and Site 1 Former County Hospital Benvoullin Lane Oban Argyll PA34 5DX 04/01798/ERC Mr Mrs Craig 08/09/2004 02/11/200 12/11/2004 WARAPP 4 Removal of garage and erection of garage/store/workshop Tower Of Glenstrae Lochawe Dalmally Argyll PA33 1AQ 04/01810/EXT Mr John D Hamilton 10/09/2004 01/10/200 18/10/2004 WARAPP 4 Extension to dwelling house (conservatory)

5 Etive Park North Connel Oban Argyll PA37 1SJ

04/01813/EXT Mr Mrs H Isaac 10/09/2004 15/09/200 04/11/2004 WARAPP 4 Extension to dwelling (conservatory)

Baravullin Beag Benderloch Oban Argyll PA37 1QS

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01814/ALT Ian Ross, Esq 10/09/2004 20/09/200 15/10/2004 WARAPP 4 Installation of new oil fired boiler and sotrage tank and internal alterations (retrosepctive) 2 Castle Road Dunbeg Oban Argyll PA37 1QH

04/01837/EXT Mr And Mrs Tye 15/09/2004 05/10/200 15/10/2004 WARAPP 4 Erection of Disabled User Shower Room

Laggan Glenshellach Road Oban Argyll PA34 4QJ

04/01888/ALT C Ferguson 21/09/2004 22/10/200 03/11/2004 WARAPP 4 Refurbishment works 20-21 Balvicar, Isle of Seil

20 Balvicar Oban Argyll PA34 4TF

04/01891/ALT Mark Case 21/09/2004 05/10/200 22/10/2004 WARAPP 4 Alterations and conversion of attic to form bedroom with en-suite bathroom The Old Schoolhouse Toberonochy Oban Argyll

04/01962/ALT D Felton 01/10/2004 22/10/200 28/10/2004 WARAPP 4 Proposed alterations

Thundergay Cullipool Oban Argyll PA34 4TX

04/01967/ALT Finlay John Mackenzie 04/10/2004 22/10/200 12/11/2004 WARAPP 4 Installation of two velux windows to attic storage space 3 Tower View Villa Road Oban Argyll PA34 4NA

04/01974/DEM Miss Aileen MacPhail 05/10/2004 08/10/200 15/10/2004 WARAPP 4 Demolition of existing house

Tigh Na Croig Inverawe Taynuilt Argyll PA35 1HU

04/01990/ALT Mr Hubert Saldanha 07/10/2004 18/10/200 12/11/2004 WARAPP 4 Installation of hearth for oil fired boiler and associated oil storage tank Killean Lismore Oban Argyll PA34 5UG

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02002/AOW Mr Mrs G MacCormick 08/10/2004 12/10/200 15/10/2004 WARAPP 4 Amended proposal (Erection of dwelling house 04/00821/ERD) Lagnagiogan Isle Of Iona

04/02006/AOW Mr Ross Kirsop 08/10/2004 08/10/200 15/10/2004 WARAPP 4 Erection of dwellinghouse - amendment to warrant 03/01697/ERD granted 26.01.04 - Front and living Land West Of Torr Na Craoibhe Ardtun Bunessan Isle Of Mull 04/02010/AOW Ms Tina Jordan 12/10/2004 12/10/200 15/10/2004 WARAPP 4 Alteration and extension - amendment of warrant 03/00015/EXT approved 28.03.03 to ground and first 55 Easdale Island Oban Argyll PA34 4TB

04/02011/AOW Oban Times Limited 12/10/2004 12/10/200 15/10/2004 WARAPP 4 Alterations to office (phase 2) - amendment of warrant 02/00787/ALT approved 21.05.02 to alter Oban Times Ltd Crannog Lane Oban Argyll

04/02016/AOW Mr Edward Watling 12/10/2004 12/10/200 14/10/2004 WARAPP 4 Erection of two storey timber framed extension to dwelling house - amended of warrant 04/00486/EXT Delinginis 4 Glenburn Soroba Oban Argyll PA34 4SB

04/02024/ERD Mr Mrs K Macgregor 13/10/2004 20/10/200 04/11/2004 WARAPP 4 Foundations and underbuilding for dwelling

Land South West Of Ant-alltan Taynuilt Argyll

04/02036/ALT Elizabeth Cattanach 14/10/2004 19/10/200 22/10/2004 WARAPP 4 Installation of oil fired central heating

3 Scott Cottages Bridge Of Orchy Argyll PA36 4AE

04/02060/ALT Alexandra Russell 18/10/2004 21/10/200 22/10/2004 WARAPP 4 Internal Alterations - Installation of Patio Door

Corriemar Hotel Corran Esplanade Oban Argyll PA34 5AQ

Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02099/AOW Mr And Mrs A Lawson 26/10/2004 03/11/200 03/11/2004 WARAPP 4 Alterations and side extension to dwelling house - amendment of warrant 03/02311/EXT granted 2 Nant Drive Soroba Oban Argyll PA34 4LA

04/02108/LOC Mr Mrs D D Pearson 27/10/2004 04/11/2004 COMF

Property Inspection Service - (1) Build up door between lounge and kitchen (2) Form new kitchen 7A Dalintart Drive Oban Argyll PA34 4EE

04/02110/ALT Mr Mrs Alex Needham 27/10/2004 02/11/200 04/11/2004 WARAPP 4 Installation of Frnch doors to rear

Lymond Ceum-Dhun-Righ Benderloch Oban Argyll PA37 1ST 04/02129/ALT Mrs Margaret Erridge 28/10/2004 03/11/200 03/11/2004 WARAPP 4 Alterations to dwelling house to form disabled ensuite to bedroom 1 9 Mossfield Drive Oban Argyll PA34 4EN

04/02134/ALT Gordon D G MacLachlan 29/10/2004 01/11/200 04/11/2004 WARAPP 4 Lowering height of window cill in living room

Kelowna North Connel Oban Argyll PA37 1QZ

04/02179/AOW Mr Mrs D McAdam 05/11/2004 08/11/200 12/11/2004 WARAPP 4 Erection of dwelling house - amendment to 03/01416/ERD granted 25.11.03 - change septic tank Land West Of Chalet 4 Erray Road Tobermory Isle Of Mull 04/02180/ALT Mr And Mrs Keppie 05/11/2004 16/11/200 17/11/2004 WARAPP 4 Alterations to dwelling subdividing single bedroom into two bedrooms with installation of one velux 12 St Conans Road Lochawe Dalmally Argyll PA33 1AL

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 17 November 2004 Page 8 of 8 Page 45 Argyll and Bute Council Agenda Item 5b Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

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

17 November 2004 Page 1 of 11 Page 46 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02148/DET Mrs Clark 01/11/2004 PDD

Kerrera North Connel Oban Argyll PA37 1RA

Erection of conservatory

04/02112/TELNOT Crown Castle UK Ltd 21/10/2004 04/11/2004 NOO

CTI Transmitting Station Druim Mor Glenmore Road Oban Argyll Proposed installation of additional equipment

04/02110/NMA Mr D Baird 18/11/2004 04/11/2004 NOO

Corachie Nursery Taynuilt Argyll

Non material amendment to re-position dwelling house approved under 96/00958/DET

04/02078/OUT J.P.M. Hamilton & J.O.M. Stewart 16/11/2004 WDN

Land East Of Lochan Na Beithe Cottage North Connel Oban Argyll Site for erection of dwellinghouse

04/02059/DET Mr Mrs Lockhart 15/10/2004 04/11/2004 PER

Field Cottage Appin Argyll PA38 4DD

Alteration and extension to dwelling

04/02040/NMA Mr Daniel Mawhinney 07/10/2004 09/11/2004 NOO

Land North West Of Geedandhu Ulva Ferry Isle Of Mull

Non-Material Amendment for Reduction in Size to 00/01562/DET (Erection of Dwellinghouse)

04/02011/DET Mr Mrs M King 12/10/2004 08/11/2004 PER

7 Nant Drive Soroba Oban Argyll PA34 4LA

Alterations and Extension to Dwelling House

04/02004/DET Kilmore And Oban Church Of Scotland 06/10/2004 08/11/2004 PER

Christs Church Corran Esplanade Oban Argyll

Alterations to Church (DDA Upgrading)

17 November 2004 Page 2 of 11 Page 47 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02003/NMA Inverawe Smokehouses 06/10/2004 28/10/2004 NOO

Inverawe Smokehouses Inverawe Taynuilt Argyll PA35 1HU

Non-Material Amendment for Minor Changes to Alterations and Extension Approved under 01/01651/DET

04/02002/LIB Kilmore And Oban Church Of Scotland 06/10/2004 08/11/2004 PER

Kilmore & Oban Church Of Scotland Centre Glencruitten Road Oban Argyll PA34 4DN Alterations to church (DDA upgradings)

04/02001/DET Mr Mrs M Kohler 06/10/2004 26/10/2004 PER

Minard Lerags Oban Argyll PA34 4SE

Alterations to dwelling house

04/01991/PNAGRI Mr Ross A Macpherson 05/10/2004 04/11/2004 NOO

Dallachulish Barcaldine Oban Argyll PA37 1SQ

Erection of agricultural shed

04/01989/DET Ms Kamma Craig 05/10/2004 04/11/2004 PER

Balintore Kilmelford Oban Argyll PA34 4XD

Extension to dwelling house

04/01967/VARCO Black Croft Developments 04/10/2004 02/11/2004 PER N Land Adjacent To Black Croft North Connel Oban Argyll

Variation of Conditions 2 and 3 (Access and Visibility) of Planning Consent 04/00998/DET

04/01965/DET Rosemary Noon 01/10/2004 26/10/2004 PER

The Bungalow Heanish Scarinish Isle Of Tiree PA77 6UL

Re-Roofing, Re-Cladding and Alterations to Dwelling House

04/01964/DET A Mackechnie 01/10/2004 26/10/2004 PER

The Bungalow Heylipol Scarinish Isle Of Tiree PA77 6TY

Alterations to Dwelling House and Installation of Dormer Window

17 November 2004 Page 3 of 11 Page 48 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01963/DET Finlay John Mackenzie 04/10/2004 26/10/2004 PER

3 Tower View Villa Road Oban Argyll PA34 4NA

Installation of two velux windows in flat

04/01932/REM Mr And Mrs B Emsley 28/09/2004 15/11/2004 PER

Land North Of Lochnell Arms Hotel North Connel Oban Argyll

Erection of Dwelling House

04/01911/PNAGRI Messrs MacNeill 28/09/2004 01/11/2004 NOO

Tiraghoil Farm Bunessan Isle Of Mull PA67 6DU

Extension to existing general purpose shed

04/01910/DET Mr J Douglas 22/09/2004 08/11/2004 PER

Maridon Guest House Dunuaran Road Oban Argyll PA34 4NE

Erection of Staff Chalet

04/01903/NMA Mr T Bleazard 20/09/2004 21/10/2004 NOO

Land Adjacent To Rowanbank Dalmally Argyll

Erection of dwellinghouse with integral garage - Non-material amendment to 04/01296/REM (Mirrored image)

04/01892/DET Mr R B Dundas 1987 Trust 20/09/2004 01/11/2004 PER

Airds House Port Appin Appin Argyll PA38 4DQ

Erection of single tennis court and fencing

04/01887/DET Mr Mrs D Orr 20/09/2004 12/11/2004 PER

Land South Of Seabank Cottage Benderloch Oban Argyll

Erection of dwelling house and installation of septic tank

04/01884/COU Mark Willis 28/09/2004 09/11/2004 PER

Garage North West Of Tower House Port Appin Appin Argyll

Change of Use of Garage to Store for Wet Weather Gear and Lifejackets

17 November 2004 Page 4 of 11 Page 49 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01883/DET Alan Edward Jordan 17/09/2004 20/10/2004 PER

Dererach Pennyghael Isle Of Mull PA70 6HQ

Alterations and Extension to Dwelling House

04/01872/DET Mr David Rees 20/09/2004 04/11/2004 PER

Timber Cottage, Castle Estate Dalmally Argyll

Alterations and Extension to Dwelling House

04/01861/DET P Walker 15/09/2004 20/10/2004 PER

Mull Pottery, Baliscate Tobermory Isle Of Mull

Construction of Balcony and Alterations to Gable Fenestration

04/01860/DET MacGregor Hotels 15/09/2004 15/11/2004 PER

Land North Of Lochnell Arms Hotel North Connel Oban Argyll

Erection of Dwelling House

04/01856/DET Mr And Mrs F Bell 15/09/2004 04/11/2004 PER

Linnhe House Port Appin Appin Argyll PA38 4DE

Extension to Dwelling House

04/01844/DET Shaun Sinclair 17/09/2004 02/11/2004 PER

Dal Eite Connel Oban Argyll PA37 1PA

Extension to Dwelling House

04/01833/OUT Mr And Mrs WG Seaton 14/09/2004 05/11/2004 WDN

Garden Ground Of The Whins North Connel Oban Argyll PA37 1RA Site for Erection of Two Dwelling Houses

04/01827/DET Atlantic Edge Hotels Ltd 21/09/2004 16/11/2004 PER

Scarinish Hotel Scarinish Isle Of Tiree PA77 6UH

Installation of primary sewage treatment system

17 November 2004 Page 5 of 11 Page 50 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01823/OUT Lord Gray, Lady Gray, L, I And I Campbell-Gray 10/09/2004 10/11/2004 PER

Land West Of Fasnakyle Taynuilt Argyll

Site for the erection of 5 dwelling houses

04/01808/OUT Duncan Archibald MacGregor 13/09/2004 19/10/2004 PER

Land North East Of Tirlaggan Farm Lismore Oban Argyll

Site for Erection of Dwelling House

04/01800/DET Diane And Andrew Dernie 14/09/2004 20/10/2004 PER

41 Forest Cabins, Lochaweside Dalavich Taynuilt Argyll

Extension to Log Cabin No 41

04/01791/DET Mr And Mrs M A Newman 23/09/2004 26/10/2004 PER

Plot 2 At Ichrachan Taynuilt Argyll

Erection of dwelling house and garage - amended proposal to previous consent (Ref.04/00473/REM)

04/01761/DET Scott / Austick 01/09/2004 20/10/2004 PER

Land North West Of Linnhe View Craignure Isle Of Mull

Erection of single dwelling house

04/01750/DET Precept Programme Management Ltd 01/09/2004 20/10/2004 PER

Luing School Toberonochy Oban Argyll PA34 4TY

Erection of a Primary School

04/01724/DET Mrs Elizabeth Baird 09/09/2004 22/10/2004 PER

4 Newton Balephuil Scarinish Isle Of Tiree PA77 6UE

Demolition of Extension and Erection of Replacement Extension

04/01697/DET Northern Lighthouse Board 26/08/2004 26/10/2004 PER

Commissioners Of Nothern Lighthouses Gallanach Road Oban Argyll PA34 4LS Erection of sound baffle wall

17 November 2004 Page 6 of 11 Page 51 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01675/OUT Alison Smith 24/08/2004 05/11/2004 WDN

Land West Of Garalapin Balvicar Oban Argyll

Site for the erection of dwelling house

04/01672/DET Alexander Macdonald 24/08/2004 13/10/2004 PER

30 Balephetrish Scarinish Isle Of Tiree PA77 6UY

Extension to dwelling house

04/01670/COU A J Gascoigne 24/08/2004 27/10/2004 PER

Seafood And Oyster Bar Misty Isles Cottage Ellenabeich Easdale Oban Argyll Change of use (and alterations/extension) of restaurant with bar servery and adjacent dwelling to bar, restaurant, brewery and owners' accommodation 04/01663/REM Mr Mrs Barclay 23/08/2004 27/10/2004 PER

Land North Of Ardconnel Farm Ardconnel Connel Oban Argyll

Erection of dwelling house, garage and siting of 4500 litre septic tank

04/01649/VARCO Mr And Mrs Campbell-Roberts 19/08/2004 15/10/2004 PER N Land South Of Culrigh North Connel Oban Argyll

Deletion of Condition 2 (details of materials to be submitted) and Condition 8 (blocking off existing access) of Planning Consent 03/01169/DET for Erection of Dwellinghouse 04/01636/OUT Myra McArthur 18/08/2004 16/11/2004 PER

Land North Of Cnoc Oinigear Vaul Scarinish Isle Of Tiree

Site for Erection of Dwellinghouse and Installation of Septic Tank

04/01579/DET Mr And Mrs I McInnes 10/08/2004 26/10/2004 PER

House South Of Sunset Cottage Balevullin Scarinish Isle Of Tiree Extension to Dwelling House

04/01567/OUT Mrs Anne Varley 12/08/2004 09/11/2004 PER

Land South East Of The Old Schoolhouse Port Appin Appin Argyll Site for Erection of Dwellinghouse

17 November 2004 Page 7 of 11 Page 52 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01562/LIB Royal Bank Of Scotland Group 05/08/2004 12/10/2004 PER

26 George Street Oban Argyll PA34 5SB

Lower existing ATM to comply with Disability Discrimination Acts Objectives

04/01558/DET Benmore Estate Ltd 10/08/2004 16/11/2004 PER

Knock Farm Gruline Isle Of Mull PA71 6HR

Demolition of existing farmhouse and erection of new farmhouse

04/01555/DET Scottish Water 04/08/2004 01/11/2004 PER

Land North Of Tigh Chladdich Opposite Rowantree Cottages Clachan Seil Oban Argyll Formation of road access, reprofiling of land to accommodate a buried waste water treatment works, GRP, kiosk, fencing and ancillary development 04/01538/DET Mr Mrs I Sharp 02/08/2004 13/10/2004 PER

Gunna View Caoles Scarinish Isle Of Tiree PA77 6TS

Extension to dwelling house to form studio

04/01495/OUT Mr Mrs H Buchanan 27/07/2004 04/11/2004 WDN

Site North East Of Dunsheen Benderloch Oban Argyll

Site for the erection of dwelling house

04/01469/OUT Peter Metcalfe 21/07/2004 02/11/2004 PER

Land South Of Duaig Lochavich Taynuilt Argyll

Site for Erection of Dwelling House

04/01465/OUT Mr And Mrs Logan 21/07/2004 16/11/2004 PER

Land North West Of Auchnahard Ardtun Bunessan Isle Of Mull Erection of Two Dwelling Houses and Installation of Septic Tank

04/01441/MFF Mr D Walter C/o Scottish Sea Farms 19/07/2004 15/10/2004 PER

Balygrundle Fish Farm Lismore Oban Argyll

Marine Finfish Farm Modification

17 November 2004 Page 8 of 11 Page 53 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01412/DET Colin Nicoll 16/07/2004 20/10/2004 PER

Bothan Darroch Mathieson Croft Port Appin Appin Argyll

Alterations and small extension to dwelling house

04/01399/DET M And K Macleod Limited 17/07/2004 08/10/2004 PER

Land West Of Lagganmore Farm, Scammadale Scammadale Kilninver Oban Argyll Erection of dwelling house

04/01371/DET Dr Diane Millar 16/08/2004 28/10/2004 PER

Plot 5 At Ichrachan Taynuilt Argyll

Erection of dwelling house

04/01290/DET Scottish Water 05/07/2004 13/10/2004 WDN

Land West Of Rose Cottage Salen Isle Of Mull

Reprofiling of land to accommodate buried septic tank installlation, new vehicle access and ancillary development

04/01113/DET A G Darvill 11/06/2004 14/10/2004 PER

Land At Glen Euchar Kilninver Oban Argyll

Erection of dwelling house

04/01074/DET Ballet West 08/06/2004 10/11/2004 PER

Ichrachan Farm Taynuilt Argyll PA35 1HP

Erection of Ballet School, Workshop and Student Residence

04/01071/DET Timothy Andrew Mellor 08/06/2004 03/11/2004 PER

Land South Of Hawthorn Cottage Salen Isle Of Mull

Erection of 6 Log Chalets for Holiday Letting Purposes

04/01022/DET Mr Ashad 01/06/2004 24/10/2004 PER

Argyll Furniture Store Breadalbane Street Oban Argyll PA34 5NZ Extension of Furniture Shop

17 November 2004 Page 9 of 11 Page 54 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/01020/DET Orr Mac 500 10/06/2004 01/11/2004 PER

Land West Of Bridge Of Orchy Primary School Bridge Of Orchy Argyll Erection of Staff Accommodation Building for Bridge of Orchy Hotel

04/00990/OUT Lorn Properties 02/06/2004 15/11/2004 PER

Land South Of Achlonan Taynuilt Argyll

Site for Erection of Housing Development

04/00944/DET Mr And Mrs B McLeod 21/05/2004 16/11/2004 PER

Land South East Of Glac Na Creardaich Raeric Road Tobermory Isle Of Mull Erection of Dwellinghouse

04/00943/DET Orr Mac 500 Ltd 01/06/2004 01/11/2004 PER

Bridge Of Orchy Hotel Bridge Of Orchy Argyll PA36 4AB

Erection of new pool and spa building and additional accommodation wing

04/00834/DET Argyll Properties (Scotland) Ltd 06/05/2004 02/11/2004 WDN

Land North Of Morven House Glenmore Road Oban Argyll

Erection of 2 Semi-Detached Dwellinghouses

04/00750/OUT Mr Andrew Boden 26/04/2004 16/11/2004 WDN

East Drive, Ardbrecknish House Ardbrecknish Dalmally Argyll

Sites for the erection of three dwelling houses

04/00721/OUT Alexander Cowe 21/04/2004 02/11/2004 PER

Land Adjacent To Cuilgown Salen Isle Of Mull

Site for the Erection of Two Dwelling Houses

04/00034/OUT J.P.M. Hamilton & J.O.M. Stewart 25/02/2004 08/11/2004 WDN

Land East Of Lochan Na Beithe Cottage North Connel Oban Argyll Site for erection of dwellinghouse

17 November 2004 Page 10 of 11 Page 55 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

03/02338/DET Mr S Barton 15/12/2004 13/10/2004 WDN

New Access Road And Septic Tank Ichrachan Farm Taynuilt Argyll Formation of Access Road and Installation of Septic Tank and Outfall

03/02161/OUT James MacDonald 17/05/2004 16/11/2004 PER

8 Kilkenneth Scarinish Isle Of Tiree PA77 6XF

Site for the erection of two dwelling houses

03/01197/OUT Mr A McLean 02/07/2003 21/10/2004 WDN

Land South Of Tom A' Mhuillin Tobermory Isle Of Mull

Site for erection of dwellinghouse

17 November 2004 Page 11 of 11 Page 56

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ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES DEVELOPMENT SERVICES AREA COMMITTEE 8TH DECEMBER 2004

PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE

Reference No. Narrative

04/00572/OUT Rhuba Nan Ron Seafoods: Site for the erection of a storage shed serving oyster farm – Land north east of Winterton Farm, Balvicar, Isle of Seil (Pages 59-72)

04/00574/OUT Rhuba Nan Ron Seafoods: Site for the erection of dwelling house - Land north east of Winterton Farm, Balvicar, Isle of Seil (Pages 73- 84)

04/00975/COU Gilbert MacKechnie: Change of use of land to form caravan pitches – Ganavan Pavilion, Ganavan, Oban (Pages 85 – 96)

04/01295/OUT Mr S Barton: Outline permission for one dwelling – Deerview, Taynuilt (Pages 97-106)

04/01574/OUT Mrs Anne Elwis: Site for the erection of a dwellinghouse – Land south west of Erray House, Erray Road, Tobermory (Pages 107- 116)

04/01738/DET Josephine Grant: Replacement of front windows (retrospective) – First floor flat, 126 George Street, Oban (Pages 117-122)

04/01789/LIB Josephine Grant: Replacement of front windows (retrospective) – First floor flat, 126 George Street, Oban (Pages 123-128)

04/01904/OUT David and Lorna Moseley: Site for the erection of a dwellinghouse – Land north west of Old Schoolhouse, Kilmore, by Oban (Pages 129- 136)

04/01933/VARCON Mr and Mrs D Thomson: Site for a dwelling – Land west of Dunard, Glen Lonan, Taynuilt (Pages 137-144)

04/01951/OUT Mr David Colthart: Site for the erection of a dwellinghouse – Plot 2 Barrancaltuim Barran, Kilmore, Oban (Pages 145-152)

04/01952/OUT Mr David Colthart: Site for the erection of a dwellinghouse – Plot 1 Barrancaltuim Barran, Kilmore, Oban (Pages 153-162)

01 December 2004

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This page is intentionally left blank Page 59 Agenda Item 5d

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 31st March 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

24th November 2004

Reference Number: 04/00572/OUT Applicants Name: Rubha Nan Ron Seafoods Application Type: Outline Application Application Description: Site for the erection of a storage shed serving oyster farm Location: Land North East of Winterton Farm, Balvicar, Isle of Seil

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a storage shed (indicative position shown).

(B ) RECOMMENDATION

As a substantial body of public representation has been received, the proposal is recommended for approval, subject to a Local Hearing or a Members Site Inspection.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site lies within the Lorn Local Plan Inset Map for Balvicar, wherein, with the exception of housing applications which have specific policies, all proposals for new development require to be assessed in terms of Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan, as follows:

1. Landscape Impact

It is proposed to erect a storage shed on an area of ground at the foot of a hillock to the south of the Rubha Nan Ron headland. The applicant has recently started an oyster farm on the foreshore to the west of the site, which was granted planning consent in February 2003.

Area of Common Landscape Character

The Area of Common Landscape Character comprises the coastline from the eastern edge of the settlement of Balvicar, which runs east then south towards Balvicar Chalets and beyond to Balvicar Farm. The coastline from the Rubha Nan Ron headland heading south has a fairly low density of development, with the main nodes of development within the vicinity of the application site being the Balvicar Chalet development at Ullinish, located to the south of the application site, and Balvicar Farm located some 400m to the south of the Chalets. The landform along this section of coastline comprises a series of small hillocks which fall sharply towards the shoreline, forming small cliffs in places.

Key Characteristics

The key characteristics of this coastline are the raised hillock areas and the open, fairly level coastal areas which give the rural, open quality. The low density of development within the area is also important, and this low density level requires to be protected in order to ensure the rural character of this landscape is not increased to an unacceptable level.

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Page 60

Capacity for Further Development

Given the proximity of the proposed site to Balvicar, the existence of the Chalets, and the consent of the oyster farm, it is considered that the landscape is not pristine, and does not have a special wilderness quality. It is therefore considered that there is capacity for limited development in this area. It is proposed to site the shed at the base of one of the hillocks, back from the shoreline. This will screen the shed from Balvicar and from the public road. It will however be visible from Balvicar Chalets and from the Seil Sound, although the shed will have a landscape backdrop and will be viewed over distance. The proposed shed will not affect the key characteristics of the area, being on low ground and being set back against one of the hillock, hence keeping the development away from the open, coastal area, and is not considered to increase the density level of development in the area above an acceptable level.

Natural Heritage

Scottish Natural Heritage raised no objections to the proposal subject to conditions to overcome their concerns over the potential for industrialisation of the landscape in this locations, and their concerns over the restriction of access to the shore. These conditions include:

1. appropriate tree planting to be carried out around the development to help it integrate with the landscape;

2. no boundary treatments on the site to allow better integration with the landscape and free access to the shore; and,

3. the definition of the extent of the curtilage to be mapped on the final approved plans to avoid future disputes and safeguard continued public access.

With respect to nature conservation interests, Scottish Natural Heritage requested an otter survey be carried out to ensure these European protected species were not affected by the proposed development. Scottish Natural Heritage has advised that the survey confirms their initial thoughts that otters frequent this section of the shore and the proposed development would be unlikely to stop the otters from doing so. The survey has confirmed that otters are not using the site for shelter or breeding at present. The survey also identified areas that are important to otters now and areas that may be potentially valuable to otters in the future. Scottish Natural Heritage has suggested that the recommendations made in the report should be incorporated where possible. The two areas identified as areas which should be retained both lie outwith the site of the proposed shed, and therefore will not be affected by this application.

Scottish Natural Heritage has also advised that Long-eared owls are also present on the site however there is an abundance of habitat close by so they would be unlikely to be significantly affected by the proposed development.

Having regard to the foregoing the proposal is considered to be acceptable

2. Economic Benefit

Given the relative small scale of the consented oyster farm (200 trestles in total), at the time of consent it was anticipated that it would be operated on a part-time basis as an adjunct to the applicant’s main employment. It is therefore not considered that there would be a significant economic benefit in terms of employment creation.

3. Locational/Operational Need

The applicant’s agent has advised that the shed is required for the secure storage of the Oyster Farm equipment and for the maintenance in a controlled environment of the oyster trestles and associated Oyster Farm gear. Due to the relatively remote location of the farm, their Client feels that these essential storage and maintenance functions could not efficiently operate from a different site.

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Page 61

As stated previously, there is planning consent for an oyster farm, extending to some 200 oyster trestles (100 per site). This permission (ref. 01/01721/DET) has conditions which restrict any external storage on the site including any equipment, product or waste associated with the farm.

The provision of a storage shed to serve the oyster farm is considered to be a reasonable request given the operation of the oyster farm, and will help serve the applicant to maintain the coastal areas free from equipment, product or waste.

It is considered that the proposal can be justified in terms of locational/operational need.

4. Servicing and Infrastructure

The proposed shed is to be accessed via the existing track to the oyster farm, which has already been formed. Water supply or foul drainage facilities are not proposed. No adverse comments have been received from the Area Roads Manager or the Scottish Environmental Protection Agency.

In light of the foregoing it is considered the proposal can be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan, namely landscape impact and locational/operational need. Accordingly the proposal is consistent with Policy RUR 1 of the adopted Lorn Local Plan. Policy COM 4

Following consultation with the Council’s Environmental Health Unit and given the proposal is for a storage shed, it is considered the proposal will not adversely affect the amenity of the surrounding properties through noise and disturbance and accordingly is consistent with Policy COM 4 of the adopted Lorn Local Plan

(D ) CONCLUSION

• The proposal will not have an adverse environmental impact and can be justified in terms Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan and Policies STRAT DC 7 and DC 8. • The proposal for a storage shed will not adversely affect the amenity of the surrounding properties through noise and disturbance and accordingly is consistent with Policy COM 4 of the adopted Lorn Local Plan

Angus J Gilmour Head of Planning

Contact: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00572/OUT

1. Standard Outline

2. Standard Outline

3. Standard Outline

4. Any details pursuant to Condition 1(a) above shall show the shed positioned within the north western half of the approved site and sited parallel with the raised ground on the north western boundary of the site; and incorporate the following elements:

(i) a dark recessive external finish; profiled sheeting, stained timber or wet dash/smooth cement render;

(ii) a footprint of no greater than 80sqm;

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

5. The shed hereby approved shall only be used for the storage of the equipment related to the adjoining oyster farm and for the maintenance of the oyster trestles and associated oyster farm equipment, and for no other use including any use within Class 5 and Class 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997.

Reason : In accordance with the use applied for, and to allow the Council control over any subsequent use of the shed.

6. No external storage of any equipment, product or waste associated with the shellfish farm shall take place within the application site.

Reason : In order to protect the amenity of the surrounding area.

7. Any details pursuant to Condition 1(b) above shall show a scheme of landscaping for the site. Such details shall show native tree planting around the site to help integrate the shed into the landscape, designed to reflect the hazel woodland to the west of the site, and should include a programme for completion and on-going maintenance.

Thereafter the landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting shall be carried out in the first planting season following the commencement of the development unless otherwise agreed in writing by the Planning Authority.

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

Reason : In the interests of amenity in order to help integrate the proposal in the surrounding landscape.

8. Any details pursuant to Condition 1(a) above shall define the finalised curtilage around the proposed shed in plan form, and shall show no boundary treatments, in terms of walls, fences or other means of enclosure erected around the site boundary. Thereafter, notwithstanding the provisions of Article 3 and Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure that be erected on the site without the prior written consent of the Planning Authority.

Reason : In order to integrate the proposal into the landscape and allow unhindered access to the shore.

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APPENDIX RELATIVE TO 04/00572/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 7 Nature Conservation and Development Control

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

STRAT DC 8 Landscape and Development Control

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

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

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

Lorn Local Plan

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

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

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

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following criteria

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

COM 4 The Council will continue to examine carefully proposals for ‘bad neighbour’ commercial uses in residential or mixed commercial/residential, and will not permit such uses where is it considered that they would have an unacceptable detrimental effect on the amenities of residential property.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

01/01721/DET : Planning permission granted for the formation of an oyster farm on the foreshore was granted on 6.2.02.

There is an application currently before Members for consideration (04/00574/OUT) for the erection of a house adjacent to the shed site.

(ii) Consultations

Response Date Comment Area Roads Engineer 21.4.04 No objections. Scottish Environmental Protection Agency 2.6.04 No objections provided that the use of the storage shed will not involve the cleaning/washing of any items to be kept at the facility. Scottish Water 15.4.04 No objections. Public Protection Unit 23.4.04 No objections. Scottish Natural Heritage 25.5.04, 16.9.04 No objection subject to 2.11.04 and conditions. 23.11.04

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 20.5.04

Representations received : 22 For – 37 Against

Name Address Letter date Thelma Batchelor & Mrs C. Binley Down, Binley, Andover, Hampshire, 28/06/04 Batchelor SP11 6EY R. C. Angus 94 Oaks Avenue, Worcester Park, Surrey, KT4 29/06/04 8XF F. Coline & B. Thomas Tynant, Llanfabon Road, Nelson, Caerphilly Undated Borough, CF46 6PF R. J. & A. Angus 11a View Road, Highgate, London, N6 4DJ 07/07/04 Bridget Laxton 8 Micheldever Gardens, Whitchurch, 26/06/04 Hampshire, RG28 7JY J. D. & S. M. Peters The Cottage, 218 Dunerth Road, Rhis on Sea, Undated Colwyn Bay, LL28 4UH Mr A. P. Rustage 95 Marsh Way, Millbrook Park, Penwortham, 25/06/04 Preston, PR1 9PJ Philip Gladwell 2 Coppice Close, Newbury, Berks, RG14 7JX 23/06/04

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Mr T. J. Franks Merrydown, Silchester Road, Little London, 22/06/04 Basingstoke, RG26 5EP Gary & Hayley West 16 Rowan Way, Langford, Bristol, BS40 5HE 18/06/04 Valerie Hodgkiss & Barry 74 Campbell Road, Swinton, Manchester, M27 24/06/04 Woodling 5GQ L. McKay 25 North Grange Road, Bearsden, Glasgow, 27/06/04 G61 3AG R. M. L. Taylor 10 Wyndham Road, Newbury, Berks, RG15 2NJ 29/06/04 Mrs H. McLenahan 19 Glencarron Close, Hoddlesden, Darwen, 28/06/04 Lancashire, BB3 3RF N. P. & Mrs R. Whitehead 24 Culver Road, Newbury, Berkshire, RG14 16/06/04 7AR John Duncan 19 Rosehall Gardens, Gowrie Park, Dundee, 17/06/04 Angus, DD2 4UG D. R. McNeill Monteviot, 41 Alexandra Street, Kirkintilloch, 17/06/04 G66 1HE Stanley & Maureen Davidson Earncraig, 31 Spion Kop, Selkirk, TD7 4JW 17/06/04 Mrs A. Stevens & Mr M. R. 14 Hadfield Street, Glossop, Derbyshire, SK13 19/06/04 Stevens, Kerry & George 8JL Ian Hamer Campanile Hotel, Chaloner Street, Liverpool, 20/06/04 LV3 4AJ Robert Congalton Bag End, Chichester, West Sussex, PO20 7EL 15/06/04 Mr M. & Mrs J. Rogers 15 Cheviot Close, Wash Common, Newbury, 21/06/04 RG14 6SQ Mrs Claire Evans Chetwynd, 16 Burysbank Road, Greenham, 19/06/04 Newbury, Berks, RG19 8BY David & Debbie Miller 121 Ingrams Way, Hailsham, East Sussex, 17/06/04 BN27 3NX Ian Jamieson Old Kennels Cottage, Panmure, Carnoustie, 20/06/04 DD7 6LW Mr J. G. Lusby 29 Cliff Closes Road, Scunthorpe, North 18/06/04 Lincolnshire, DN15 7HT David Urbansky Germany, Dresden Undated Mr E. A. Powell 59 Censton Close, Brownsover, Rugby, Warks 21/06/04 John Wild & Doreen Wild 57 Elm Tree Park, Queen Street, Seaton 17/06/04 Carew, Hartlepool, TS25 1AJ Mr A. Richter Heinrich-Mann-Strabe 16, 01462 28/05/04 Dresden/Cossebaude, Germany Mr L. Burton 43 Horsa Road, Southbourne, Bournemouth, 01/06/04 Dorset, BH6 3AN Janet Sutherland 10 Winton Park, Cockenzie, Prestonpans, East 17/06/04 Lothian, EH32 OJN Wendy & Allan Sykes 1 Foldings Road, Scholes, Cleckheaton, BD19 Undated 6DF J. E. Hanson 29 Daisy Road, Newsome, Huddersfield, W. Undated Yorkshire, HD4 6RA Stevenson Kennedy, C/o Mr and Linndhu House, 19 Stevenson Street, Oban, 15.09.04 Mrs Trask PA43 5NA Miss L Segerberg 206 County Road, Swindon, Wiltshire SN1 2EA 15.07.04 Steve and Jane Trask Balvicar Chalets, Balvicar, by Oban 31.8.04

Summary of points raised:

• The proposal would have an adverse impact on the natural habitat of the wildflowers, seabirds and wildlife, especially the otters

Comment: Scottish Natural Heritage has raised no objection to the proposal on the grounds of nature conservation.

• The proposal would damage the natural surroundings of a quiet, peaceful area.

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Comment: The site and its surroundings is not a remote or wild landscape, being close to the village of Balvicar and along a stretch of coastline which has existing nodes of development, both Balvicar Chalets and Balvicar Farm, in addition to the applicant’s oyster farm. It is considered the proposed shed can be integrated into this landscape without significantly changing the character of the area.

• The proposal would result in the loss of views towards the Islands of Torsa and Shuna.

Comment: It is considered that the position of the shed, at the base of a hillock, set back from the foreshore, will not intrude into public vistas and will not have an adverse environmental impact.

• The historic value of the Iron Age Fort at the top of the hill would be lost.

Comment: The Fort has no statutory designation, and the proposed shed would not physically be on the site of the Fort.

• The granting of this application would set a precedent for further development and the coastline would be spoilt forever.

• The proposal would result in a massive disruption in the laying of electrical cables, drainage, water pipe, sewage pipes etc. and their provision would adversely affect the area between the site and Balvicar.

Comment: This primarily relates to the application for the dwellinghouse, as the proposed shed has no proposed drainage or water supply.

• The proposal would have an adverse impact on the tourism and economy of the area with regular visitors not returning.

Comment: It is not considered that the erection of a storage shed, set back against the raised ground, away from the foreshore, would have an unacceptable detrimental effect on the nearby chalets.

• The site lies within a National Scenic Area and the area of the proposal is designated as sensitive countryside and should be protected from development.

Comment: The site lies within a Regional Scenic Area. It is considered that the proposal is consistent with Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan.

• The area of the proposal is outwith the designated area for development on the Island.

Comment: It is considered that the proposal is consistent with Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan.

• The proposal would result in ribbon development which is widely regarded as undesirable.

Comment: It is considered that the proposal is consistent with Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan.

• Road safety issues relating to sufficient turning space for refrigerated vehicles.

Comment: Area Roads Engineer has raised no objections to the proposal. The access, parking and hardstanding areas are already consented by virtue of the Oyster Farm approval (01/01721/DET).

• Health and safety issues related to the trade of mussel farming in general.

Comment: This is not a material planning consideration.

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The following letters in support of the application have been received.

S. Robertson 1 Whinbank, Clachan Seil, by Oban 15/05/04 John Brown Ardseil, Balvicar, by Oban 17/05/04 Mr P. N. MacLean 7 Cnoc a Chaltuinn, Clachan Seil, Isle of Seil, 10/05/04 by Oban Mr K. Taylor 27 Cherrywood Avenue, Over Hulton, Bolton, Undated BL5 1HN Roger C. Kirk Cuan Ferry, Isle of Seil, via Oban, PA34 4RB 14/05/04 D. K. Sharp 149 Devonshire Road, Bolton, BL1 5LD 15/05/04 Mr C. MacNiven 1 Burnbank Terrace, Oban, PA34 5PB 13/05/04 Emma MacDougall 4 Gylen Close, Glenshellach, Oban, PA34 4RL Undated Malcolm J. Hall, Lorn Weld Ltd 7C4 Glenshellach Industrial Estate, Glengallan 16/05/04 Road, Oban, PA34 4QJ Mr I. Ross 2 Castle Road, Dunbeg, Oban, PA34 1QH 12/05/04 Duncan John Campbell 33 Ellenabeich, Easdale, by Oban 16/05/04 C. M. & D. MacLean 8 Cnoc a Chaalltuinn, Clachan Seil, by Oban, 16/05/04 PA34 4TR Mrs Jamie Mellor Barndromin Farm, by Oban, PA34 4QS 18/05/04 A. Robertson 8 Lynne Gardens, Millpark, Oban, PA34 4LD 20/05/04 A. Files 9 Stalcair Crescent, Glenshellach, Oban, PA34 19/05/04 4RS C. Campbell 33 Ellenabeich, Easdale, by Oban 18/05/04 M. Cameron 9 Lynn Gardens, Oban, PA34 4LD 20/05/04 J. MacKay 38 Ellenabeich, Easdale, by Oban, PA34 4RQ 14/05/04 David Simcox Innishmore, Easdale, Isle of Seil, PA34 4RQ 23/05/04 A. Maxwell Plant 3 Feochan Cottages, Kilmore, by Oban, PA34 24/05/04 4XS Rachel Chisholm 4 Cnoc Beag, Balvicar, Isle of Seil, PA34 4TH 16/05/04 J. A. McDowall 4 Cnoc Beag, Balvicar, Isle of Seil, PA34 4TH 16/05/04

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This page is intentionally left blank Page 73 Agenda Item 5e

DEVELOPMENT SERVICES Local Member - Councillor MacAskill PLANNING APPLICATION REPORT Date of Validity - 31st March 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

24th November 2004

Reference Number: 04/00574/OUT Applicants Name: Rubha Nan Ron Seafoods Application Type: Outline Application Application Description: Site for Erection of Dwellinghouse Location: Land North East of Winterton Farm, Balvicar

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwellinghouse (no details submitted).

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwellinghouse on an area of ground at the foot of a hillock to the south of the Rubha Nan Ron headland. The applicant has recently started an oyster farm on the foreshore to the west of the site, which was granted planning consent in February 2002.

The coastline from the Rubha Nan Ron headland heading south has a fairly low density of development, with the main nodes of development within the vicinity of the application site being the Balvicar Chalet development at Ullinish, located to the south of the application site, and Balvicar Farm located some 400m to the south of the Chalets.

Adopted Lorn Local Plan

The site lies within the Lorn Local Plan Inset Map for Balvicar. Balvicar is considered to be a sensitive settlement, as defined by Policy HO 22, within which large scale or unsympathetic development could have a detrimental effect on the existing landscape and servicing. Accordingly, new housing development has been restricted to those areas identified by Policy HO 22 on the Inset Map. Only in exceptional circumstances will the Council grant approval for a house on greenfield sites outwith these identified areas. To satisfy these exceptional circumstances, the applicant would require to demonstrate an overriding locational or operational need.

This site lies outwith the areas identified as being suitable for new housing development, and a claim of locational/operational need has been made in support of this application.

• Locational/Operational Need

The applicant has advised that a house is required on the site for the following reasons:

1. Oyster farming in the west coast is now governed by regulations and criteria which requires to be complied with.

2. Planning permission for Rubha-Nan-Ron Oyster farm was applied for on 24.10.01 and granted on 6.2.02

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3. Construction of a road was carried out which allowed access to the site and delivery of seed Oysters which established the farm.

4. The water in this area is graded A, January to March and B, April to December. Local sales are at Christmas and local/away sales during the summer months to restaurants etc.

5. Due to the grading system enforced by Environmental Health in my area, Oysters have to be purified through a depuration system which is mechanically and electrically controlled in an enclosed environment. Myself or a member of staff have to be on site 48 hours at a time due to any electrical or mechanical failures while purification is in progress. The legal requirement is 48 hours per batch. As I live in rented accommodation off the Island, 14 miles from the farm site, it is essential that I or others are on site 24 hours a day in order to carry out this required to produce oysters for sale.

6. Due to weather conditions and unsociable hours of harvesting, spring tides are not guaranteed by standard time tables and precious hours can be gained by being on site.

7. Need for securing on site is also required as I have encountered petty vandalism which has been reported to Oban police.

Comment : The applicant’s locational/operational need claim is primarily based on the applicant or a member of staff being on site to monitor the process of depuration of the oysters. Depuration is not currently undertaken on the site and the applicant does not have permission for such a depuration facility. Therefore, it is considered that the locational/operational need cannot be substantiated. The Council’s Environmental Health Unit has confirmed that the applicant does not have a depuration facility. They have advised that if a depuration facility was provided on the site (this would require planning permission) during the periods when the waters in which the oysters grow are classified 'B' which according to the letter are the months from April - December the oysters will need to be depurated. The depuration period is at least 42 - 48 hours. There are certain operating processors that need to be monitored this would all be set out in the protocol. There are 'systems' that would record downtime, ie power failure etc. it would be expected that the operator would build into the working procedure a fail to safe method of determining compliance with the protocol. This could even be a simple time clock.

The Organisation SEAFISH who look at various areas of the industry including design of purification centres state - Monitoring the System Operation:- for purification centre details of molluscs received, start and finish times of purification and details of subsequent consignment must be recorded and checks of seawater salinity, temperature and UV lamp life made. It is recommended that seawater temp. is measured at the start, middle and end of purification. If a time recorder is not fitted to UV sterilization unit then hours switched on should be recorded cumulatively to give an indication as to when the lamps need replacement.

Within Argyll and Bute there are a number of depuration sites and to my knowledge none of these establishments are manned 24 hours a day or for the 48 hour depuration cycle. The system does require checking from time to time but I am unaware of any legal requirement which requires staff to be present during the whole of the depuration period as there should be 'fail safe' devices built into the operating procedure.

In light of the foregoing comments, should the applicant obtain planning permission for a depuration facility at the site, this is unlikely to represent a locational/operational need for a dwellinghouse on the site, given that the depuration process does not require constant supervision and that security issues could be addressed through other methods, CCTV etc. The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration 1993.

Draft Argyll and Bute Local Plan There have been a large amount of public representations to the Draft Local Plan policies on the Isle of Seil. Accordingly my department considers it would be premature to assess this application as a

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potential departure from the existing Local Plan, based on the draft Local Plan at this time, as the draft policy is liable to change.

Nature Conservation

1. appropriate tree planting to be carried out around the development to help it integrate with the landscape;

2. no boundary treatments on the site to allow better integration with the landscape and free access to the shore; and,

3. the definition of the extent of the curtilage to be mapped on the final approved plans to avoid future disputes and safeguard continued public access.

With respect to nature conservation interests, Scottish Natural Heritage requested an otter survey be carried out to ensure these European protected species were not affected by the proposed development. Scottish Natural Heritage has advised that the survey confirms their initial thoughts that otters frequent this section of the shore and the proposed development would be unlikely to stop the otters from doing so. The survey has confirmed that otters are not using the site for shelter or breeding at present. The survey also identified areas that are important to otters now and areas that may be potentially valuable to otters in the future. Scottish Natural Heritage has suggested that the recommendations made in the report should be incorporated where possible. The two areas identified as areas which should be retained both lie predominantly outwith the site of the proposed house, and therefore will not be affected by this application.

Servicing and Infrastructure

The proposed house is to be accessed via the existing track to the oyster farm, which has already been formed. Details of the proposed water supply or foul drainage facilities have not been provided at this outline stage. No adverse comments have been received from the Area Roads Manager or the Scottish Environmental Protection Agency.

(D ) CONCLUSION

• The proposal is contrary to Policy HO 22 of the Adopted Lorn Local Plan and is not supported by a substantiated locational/operational need.

• There have been a large number of representations received during the consultation period of the Draft Argyll and Bute Local Plan, with particular respect to proposed planning policy for the Isle of Seil. Accordingly, it is considered to be premature and prejudicial to the development plan process to assess this application as a potential departure to the Adopted Local Plan, on the basis of the Draft Local Plan, as the draft policy is liable to change in response to the representations received.

Angus J Gilmour Head of Planning

Contact: Susan Poole 01631 567956

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/0574/OUT

1. The site lies within the ‘Sensitive Settlement’ of Balvicar as defined by Policy HO 22 of the adopted Lorn Local Plan. In order to protect the settlement from large scale or unsympathetic development which could have a detrimental effect on the existing landscape setting and servicing, Policy HO 22 has restricted new housing development to specific areas. The proposed site lies outwith the areas identified by Policy HO 22 on Local Plan Inset Map as being suitable for new housing development, and the application is not supported by a substantiated locational/operational need claim to demonstrate exceptional circumstances. Accordingly the proposal is contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration 1993.

2. There have been a large amount of public representations to the Draft Local Plan policies on the Isle of Seil. It is therefore considered, at this time, to be premature and prejudicial to the development plan process to assess this application as a potential departure from the existing Local Plan, based on the draft Local Plan as the draft policy is liable to change in response to the representations received.

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APPENDIX RELATIVE TO 04/00572/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

STRAT DC 5 Development within Sensitive Countryside

A) within Sensitive Countryside encouragement shall only be given to small scale infill, rounding-off, redevelopment and change of use building development or to single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1C). B) In special cases, development in the open countryside and medium or large scale development may be supported if this accords with an area capacity evaluation which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and that the development will entail or result in at least one of the following outcomes.

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

C) Developments which do not accord with this policy are those outwith categories A) and B) above and those with incongruous siting, scale and design characteristics or resulting in unacceptable forms of ribbon development or settlement coalescence. D) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

STRAT DC 7 Nature Conservation and Development Control

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STRAT DC 8 Landscape and Development Control

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

Lorn Local Plan

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

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

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

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

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

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

Draft Argyll and Bute Local Plan

STRAT DC 5 See Structure Plan Policy above. STRAT DC 7 See Structure Plan Policy above. STRAT DC 8 See Structure Plan Policy above. STRAT DC 9 See Structure Plan Policy above.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

01/01721/DET : Planning permission granted for the formation of an oyster farm on the foreshore was granted on 6.2.02.

There is an application currently before Members for consideration (04/00572/OUT) for the erection of a storage shed to serve the oyster farm.

(ii) Consultations

Response Date Comment Area Roads Engineer 21.4.04 No objections. Scottish Environmental Protection Agency 2.6.04 No objections Scottish Water 15.4.04 No objections. Public Protection Unit 23.4.04 No objections. Scottish Natural Heritage 25.5.04, 16.9.04 No objection subject to 2.11.04 and conditions. 23.11.04 West of Scotland Archaeology Service 23.4.04 No objections

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 20.5.04

Representations received : 22 For – 37 Against

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R. J. & A. Angus 11a View Road, Highgate, London, N6 4DJ 07/07/04 Bridget Laxton 8 Micheldever Gardens, Whitchurch, 26/06/04 Hampshire, RG28 7JY J. D. & S. M. Peters The Cottage, 218 Dunerth Road, Rhis on Sea, Undated Colwyn Bay, LL28 4UH Mr A. P. Rustage 95 Marsh Way, Millbrook Park, Penwortham, 25/06/04 Preston, PR1 9PJ Philip Gladwell 2 Coppice Close, Newbury, Berks, RG14 7JX 23/06/04 Mr T. J. Franks Merrydown, Silchester Road, Little London, 22/06/04 Basingstoke, RG26 5EP Gary & Hayley West 16 Rowan Way, Langford, Bristol, BS40 5HE 18/06/04 Valerie Hodgkiss & Barry 74 Campbell Road, Swinton, Manchester, M27 24/06/04 Woodling 5GQ L. McKay 25 North Grange Road, Bearsden, Glasgow, 27/06/04 G61 3AG R. M. L. Taylor 10 Wyndham Road, Newbury, Berks, RG15 2NJ 29/06/04 Mrs H. McLenahan 19 Glencarron Close, Hoddlesden, Darwen, 28/06/04 Lancashire, BB3 3RF N. P. & Mrs R. Whitehead 24 Culver Road, Newbury, Berkshire, RG14 16/06/04 7AR John Duncan 19 Rosehall Gardens, Gowrie Park, Dundee, 17/06/04 Angus, DD2 4UG D. R. McNeill Monteviot, 41 Alexandra Street, Kirkintilloch, 17/06/04 G66 1HE Stanley & Maureen Davidson Earncraig, 31 Spion Kop, Selkirk, TD7 4JW 17/06/04 Mrs A. Stevens & Mr M. R. 14 Hadfield Street, Glossop, Derbyshire, SK13 19/06/04 Stevens, Kerry & George 8JL Ian Hamer Campanile Hotel, Chaloner Street, Liverpool, 20/06/04 LV3 4AJ Robert Congalton Bag End, Chichester, West Sussex, PO20 7EL 15/06/04 Mr M. & Mrs J. Rogers 15 Cheviot Close, Wash Common, Newbury, 21/06/04 RG14 6SQ Mrs Claire Evans Chetwynd, 16 Burysbank Road, Greenham, 19/06/04 Newbury, Berks, RG19 8BY David & Debbie Miller 121 Ingrams Way, Hailsham, East Sussex, 17/06/04 BN27 3NX Ian Jamieson Old Kennels Cottage, Panmure, Carnoustie, 20/06/04 DD7 6LW Mr J. G. Lusby 29 Cliff Closes Road, Scunthorpe, North 18/06/04 Lincolnshire, DN15 7HT David Urbansky Germany, Dresden Undated Mr E. A. Powell 59 Censton Close, Brownsover, Rugby, Warks 21/06/04 John Wild & Doreen Wild 57 Elm Tree Park, Queen Street, Seaton 17/06/04 Carew, Hartlepool, TS25 1AJ Mr A. Richter Heinrich-Mann-Strabe 16, 01462 28/05/04 Dresden/Cossebaude, Germany Mr L. Burton 43 Horsa Road, Southbourne, Bournemouth, 01/06/04 Dorset, BH6 3AN Janet Sutherland 10 Winton Park, Cockenzie, Prestonpans, East 17/06/04 Lothian, EH32 OJN Wendy & Allan Sykes 1 Foldings Road, Scholes, Cleckheaton, BD19 Undated 6DF J. E. Hanson 29 Daisy Road, Newsome, Huddersfield, W. Undated Yorkshire, HD4 6RA Stevenson Kennedy, C/o Mr and Linndhu House, 19 Stevenson Street, Oban, 15.09.04 Mrs Trask PA43 5NA Miss L Segerberg 206 County Road, Swindon, Wiltshire SN1 2EA 15.07.04 Steve and Jane Trask Balvicar Chalets, Balvicar, by Oban 31.8.04

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Summary of points raised:

• The proposal would have an adverse impact on the natural habitat of the wildflowers, seabirds and wildlife, especially the otters

Comment: Scottish Natural Heritage has raised no objection to the proposal on the grounds of nature conservation.

• The proposal would damage the natural surroundings of a quiet, peaceful area.

Comment: The site and its surroundings is not a remote or wild landscape, being close to the village of Balvicar and along a stretch of coastline which has existing nodes of development, both Balvicar Chalets and Balvicar Farm, in addition to the applicant’s oyster farm. There is considered to be limited capacity within this area for further development, however, this current application is recommended for refusal on Housing Policy grounds.

• The proposal would result in the loss of views towards the Islands of Torsa and Shuna.

Comment: The current proposal is recommended for refusal.

• The historic value of the Iron Age Fort at the top of the hill would be lost.

Comment: The Fort has no statutory designation, and the proposed house would not interfere with the area of the fort.

• The granting of this application would set a precedent for further development and the coastline would be spoilt forever.

Comment: The site and its surroundings is not a remote or wild landscape, being close to the village of Balvicar and along a stretch of coastline which has existing nodes of development, both Balvicar Chalets and Balvicar Farm, in addition to the applicant’s oyster farm. There is considered to be limited capacity within this area for further development, however, this current application is recommended for refusal on Housing Policy grounds.

Comment: The proposal is recommended for refusal.

• The proposal would have an adverse impact on the tourism and economy of the area with regular visitors not returning.

Comment: The proposal is recommended for refusal.

• The site lies within a National Scenic Area and the area of the proposal is designated as sensitive countryside and should be protected from development.

Comment: The site lies within a Regional Scenic Area. The proposal is recommended for refusal as a house in this position is contrary to Policy HO 22 of the adopted Lorn Local Plan.

• The area of the proposal is outwith the designated area for development on the Island.

Comment: The site lies within a Regional Scenic Area. The proposal is recommended for refusal as a house in this position is contrary to Policy HO 22 of the adopted Lorn Local Plan.

• The proposal would result in ribbon development which is widely regarded as undesirable.

Comment: The site lies within a Regional Scenic Area. The proposal is recommended for refusal as a house in this position is contrary to Policy HO 22 of the adopted Lorn Local Plan.

• Road safety issues relating to sufficient turning space for refrigerated vehicles.

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Comment: Area Roads Engineer has raised no objections to the proposal. The access, parking and hardstanding areas are already consented by virtue of the Oyster Farm approval (01/01721/DET).

• Health and safety issues related to the trade of mussel farming in general.

Comment: This is not a material planning consideration.

The following letters in support of the application have been received.

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Page 83 Page 84 Page 85 Agenda Item 5f

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 4th June 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

15th November 2004

Reference Number: 04/00975/COU Applicants Name: Gilbert MacKechnie Application Type: Application for Change of Use Application Description: Change of use of land to form caravan pitches Location: Ganavan Pavillion, Ganavan, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Change of use of part of car park to form touring caravan pitches

(B ) RECOMMENDATION

As a substantial body of public representation has been received, the proposal is recommended for approval, subject to a Local Hearing.

As the Council has an interest in this application, namely as landowner, and as there has been a substantial body of representation received to the proposal, the application will require to be notified to the Scottish Ministers.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Development Plan Policy Historically the site at Ganavan has operated as a caravan park for many years and is well established as a holiday park. The proposal comprises the use of a 0.12ha area of the south eastern strip of the Council owned car park for touring caravans. It is understood that, historically, caravans have been located in this specific area, however my department has been unable to locate a planning permission for the use of the site as a caravan site, which is likely to be prior to 1972 according to documentation within the previous files.

Policy Tour 5A of the Adopted Lorn Local Plan generally allows for the development of additional touring caravan/tented camping stances during the plan period in Lorn.

The site lies within a Regional Scenic Area wherein all proposals for new development require to be assessed in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan.

(a) Environmental Impact. The site for the touring caravans is located at the rear of the Council car park and has a backdrop of raised ground which helps to integrate the caravans into the landscape. There is already a fairly high level of development within this area of Ganavan, including the Holiday Park and the housing development, and as this new site within the car park is to replace the existing caravan area to the immediate west of the Pavilion building, it is considered that, visually, the level of development will not increase beyond an acceptable level as a result of this development. The proposal is considered to be acceptable in terms of its environmental impact.

(b) Locational/Operation Need. No claim of locational/operational need has been made in support of this application. It is understood that this application is to allow the caravans from the existing site at the west of the Pavilion to be relocated to this new site to allow better public access to the war memorial.

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(c) Economic Benefit. As this site is to accommodate the relocation of an existing touring caravan site, there is minimal economic benefit associated with the development.

(d) Servicing and Infrastructure. The Area Roads Engineer has raised no objection to the proposal in terms of road safety or the loss of existing parking provision. The provision of adequate foul drainage arrangements has been raised as an issue as part of this application, and previous application. There are two main concerns with respect to foul drainage, the wider issue of capacity of the existing foul drainage system, and the lack of chemical storage disposal facilities. The Scottish Environmental Protection Agency (SEPA) has raised objection to the proposal. SEPA has provided the following information in support of this objection. “In accordance with the EEC Directive 76/160, the waters of Ganavan Bay have been classified as designated bathing waters. SEPA therefore has a duty to ensure that each year between the dates of 1st June through to 30th September, all samples taken by SEPA of the waters at Ganavan Bay must be within the mandatory limit (2000 faecal coliforms per 100ml). To ensure that the mandatory standard is complied with SEPA has a responsibility to control by consent, in accordance with the terms of the Control of Pollution Act 1974 (as amended), all discharges of sewage effluent which discharge directly into, or contribute to the catchment area of the designated site. In this regard SEPA had several meeting in 2002 and 2003 with the owner of Ganavan Holiday Park, Mr Gilbert McKechnie, to advise him that the sewage treatment and effluent disposal arrangements serving the premises were inadequate and that failure to upgrade the foul drainage arrangements at the site may contribute to the failure of the bathing waters to comply with the mandatory standards. SEPA therefore told Mr McKechnie in 2002 that it was our intention to review the existing COPA consent to reduce the risk of failure to comply with the required standards in the bathing waters during the bathing season. SEPA advised him that this review would require Mr McKechnie to rationalise his existing foul drainage arrangements. Scottish Water had also indicated to him that connection to the public sewerage system would be possible, however for various reasons Mr McKechnie chose not to pursue this option. SEPA again advised the site owner at that time that the reviewed consent would contain stringent conditions which could not be achieved by the existing foul drainage arrangements at the site. This action was undertaken to achieve the required quality of treated sewage effluent and to ensure consistent compliance with the bathing waters standards, SEPA therefore imposed a microbiological standard condition in the reviewed consent for the final effluent from the site which could not be achieved solely by use of the existing septic tank. SEPA would therefore register its objection to the current proposed planning application as the proposal for additional caravans at the site could result in additional volumes of foul drainage requiring to be treated. It is our opinion that this proposal will increase the likelihood of the discharge of sewage effluent from this site causing a failure to comply with the mandatory water quality standards in the waters of Ganavan Bay.”

Following the receipt of additional information, SEPA has advised it would therefore be willing to withdraw its objection provided that any planning permission granted for the site is suitably conditioned to protect SEPA’s interests as per the matters as detailed in points 1, 2 and 3.

1. The caravan pitches are not deemed to be additional pitches, they are existing sites which require to be relocated within the curtilage of the site.

2. The foul drainage from the caravans will be dealt with by use of chemical toilets. No sewage effluent from the caravans will connect into the existing foul drainage system which discharges into the waters of Ganavan Bay.

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3. The collection, storage and disposal of the chemical toilet waste must be strictly managed and a licensed waste contractor must be used to remove the waste matter from the site to a suitably licensed facility.

Comment : The applicant has advised that the proposed car park site is to be used for the caravans which are being relocated from the site adjacent to the Pavilion. This relocation is to allow better public access to the War Memorial. Therefore, whilst this is an additional area for caravans, the numbers of caravans on the site is not intended to increase. The numbers of caravans on the overall site is regulated by the Caravan Site Licence. It is therefore considered essential, in order to ensure there is no increase in the caravans using the overall site as a result of this application, that the Caravan Site Licence for Ganavan is reviewed. A suspensive condition is proposed requiring the Caravan Site Licence to be reviewed and approved, prior to the proposed site being used for caravans. Further to this issue, it is considered appropriate to impose a condition to ensure that the proposed new site for the touring caravans does not connect to the existing private sewage system, as there are serious issues with the capacity of the system to accept additional loading. A condition to this effect is proposed. This issue can also be regulated by SEPA through the existing COPA consent, and through the Caravan Site Licence when reviewed. Concerns have been raised by members of the public at the disposal of the contents of chemical toilets of visiting caravans within areas surrounding Ganavan. Whilst the applicant cannot control the actions of caravan owners once they have left the site, as there are no facilities for chemical toilet disposal on the site, this compounds the public health issues arising from the actions of the caravan owners. To this end, in the interests of public health, it is considered appropriate for the operator of Ganavan Holiday Park to provide chemical toilet disposal facilities. The applicant has advised he is willing to provide 2 no. 250 gallon sealed tanks at the back of the car park for disposal of chemical waste, screened from view by fencing. The Area Environmental Health Manager has advised that whilst it is permissible to hold chemical closet waste in a tank prior to collection and disposal the positioning, maintenance and management of the tanks will require careful consideration to avoid public health nuisance being created. Conditions have been proposed to cover these issues. This issue would also be regulated by a reviewed Caravan Site Licence. In light of the foregoing, it is considered that, with appropriate conditions, the proposal can be justified in terms of servicing and infrastructure.

(D ) CONCLUSION

• The proposal can be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan, and is accordingly consistent with Policy RUR 1 and TOUR 5 of the adopted Lorn Local Plan.

• The site lies within the settlement boundary for Oban in the Draft Argyll and Bute Local Plan within which there is a presumption in favour of tourist caravan and camping development within the major settlements. The proposal is therefore consistent with Policy T1 of the Draft Argyll and Bute Local Plan.

• It is considered essential that the Council pursues a review of the Caravan Site Licence at Ganavan.

Angus J Gilmour Head of Planning

Contact: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00975/COU

1. Standard.

2. The proposed site shall be restricted to the use of touring caravans only.

Reason : In the interests of public health in order to ensure there is no overall net increase in the use of the existing foul drainage facilities serving the existing Ganavan Holiday Park.

3. The proposed site shall not be used for touring caravans until such time as the Caravan Site Licence for this new site and the existing Ganavan Holiday Park site has been reviewed and approved in order to ensure that the proposed site does not result in an overall net increase in caravan pitches.

Reason : In the interests of public health in order to ensure there is no overall net increase in the use of the existing foul drainage facilities serving the existing Ganavan Holiday Park.

4. Prior to the use of the proposed site for touring caravans, a management plan for the chemical waste disposal tanks shall be submitted to and first approved in writing by the Planning Authority in consultation with the Council’s Area Environmental Health Manager and the Scottish Environmental Protection Agency. Such details shall show, in plan form, the position, size and screening of the proposed tanks, together with the following details:

(a) the methods for maintenance and management of the tanks

(b) the method of emptying the contents of the tanks and the method of effluent disposal;

(d) details of how site users will safely access the tanks and measures to be taken to prevent persons being affected by the effluent

Thereafter, the tanks shall be installed in accordance with the approved details prior to the operation of the site for touring caravans, and maintained in accordance with the approved management plan in perpetuity.

Reason : In the interests of public health.

5. No permission is hereby granted for the connection of the approved caravan site to the existing private foul drainage system.

Reason : In the interests of public health, in order to ensure no additional loading on the existing private foul drainage system.

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APPENDIX RELATIVE TO 04/00975/COU

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

Lorn Local Plan

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

TOUR 5A The Council will allow for the development of an additional 200 touring caravan/tented camping stances during the plan period in Lorn provided that they do not conflict with:

(a) The protection of in-bye agricultural land; (b) The landscape quality of National or Regional Scenic Areas or Coasts and Areas

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of Local Landscape Significance (c) Nature and Heritage Conservation

Draft Argyll and Bute Local Plan

STRAT DC 1 See STRAT DC 1 of the Structure Plan above.

T1 Presumptions in Favour and Against Tourist Accommodation Development

A) There is a presumption in favour of tourist accommodation development other than those categories, scales and locations of development in B) below. Tourist accommodation development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.

B) Other than in exceptional circumstances, tourist accommodation shall be resisted when it involves:

Tourist caravan and camping development

6. the introduction or expansion of caravan and camping site development within minor settlements, greenbelt or very sensitive countryside or within the curtilage of listed building, a conservation area or historic landscape.

7. caravan and camping development in open areas of the countryside around settlements or sensitive countryside.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

There is no site history specific to the car park area. It is understood that, historically, caravans have been located in this specific area, however my department has been unable to locate a planning permission for the use of the site as a caravan site, which is likely to be prior to 1972 accordingly to documentation within the previous files.

(ii) Consultations

Response Date Comment Area Roads Engineer 16.7.04 No objections Public Protection Unit 24.6.04 & email No objections subject to dated 22.9.04 condition regarding removal of possible ground contamination. Scottish Environmental Protection Agency 19.7.04 & email No objection subject to dated 18.11.04 conditions.

(iii) Publicity and Representations

Advert Type : Article 9 Vacant Land Advert Closing Date: 1.6.04

Representations : Yes

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Name Address Letter date Dr M Barnes Beechlee, Ganavan Road, Oban, 12.7.04 Argyll PA34 5TU D M McKiddie Shios Fodha, Gallanach Road, 22.6.04, 31.7.04 & Oban Argyll PA34 4PD 11.8.04 David W T Hodge West Bracklinn, Ganavan, Oban, 12.7.04 Argyll PA34 5TU John C Hyde Island View, Ganavan, Oban, 19.7.04 and 19.7.04 Argyll PA34 5TU Graham Chadwick Kinvara, Ganavan, Oban, Argyll 18.7.04 PA34 5TU Joyce Coope, Secretary of Whinbrae, Ganavan, by Oban Rec. 26.7.04 Ganavan Residents’ Association R Fulton and J M R Fulton (Mrs) Balcary, Ganavan, Oban, Argyll 14.7.04 PA34 5TU E C Whitley Greenacre, Ganavan, Oban, 12.7.04 Argyll PA34 5TU Fiona M H Campbell (Mrs) The Manse, Ganavan, Oban, 14.7.04 Argyll PA34 5TU Eleanor Walton Brekka, Ganavan Road, Oban , 14.7.04 Argyll PA34 5TU Peter MacLeod – Ganavan The Wheelhouse, Ganavan, 14.7.04 Neighbourhood Watch Co- Oban, Argyll PA34 5TU ordinator Ursula Parry Cuanva, Ganavan Road, Oban 12.7.04 Argyll PA34 5TU Nina Robertson (Mrs) Ferniehirst, Ganavan, Oban, Two letters dated Argyll PA34 5TU 13.7.04 John M Robertson Ferniehirst, Ganavan, Oban, Two letters dated Argyll PA34 5TU 13.7.04 Mrs M Sharp Dreva Mhor, Ganavan, Oban, 22.7.04 Argyll Mr Lorne MacLeod 9 Kilmartin Court, Oban PA34 Email dated 13.7.04 4NT Ganavan Residents Association Secretary, Whin Brae, Ganavan, 30.8.04 Oban, Argyll PA34 5TU Rhoda McInnes Bil Na Bruaich, Ganavan, Oban 25.8.04 PA34 5TU

Summary of points raised:

• Concerns raised that the applicant is already using the site for caravans without planning permission, on land owned by the Council, and questions raised as to who is keeping the money charged. Comment : The site has been used for the siting of caravans.This application seeks to regularise the situation. It should be noted that, at the time of writing, the site is not being used for caravans. The issues of land ownership and income made from the site are not material planning considerations. • Concerns raised over the lack of waste disposal facilities and the impact this is having on the surrounding area, with chemical toilet waste being dumped in fields around Ganavan. Comment : The issue of waste disposal has been addressed in the main part of my report. • Point raised that there is adequate space already consented for caravans at Ganavan. Comment : This application represents the relocation of touring caravans from the site in front of the pavilion to the car park site. The application is not for the increase in caravans. • Concerns raised that the car park at Ganavan is already inadequate at peak times, and the application seeks to reduce the parking provision further.

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Comment : The Area Roads Manager has raised no concerns over the car parking provision at Ganavan. • Concerns raised over the lack of public toilets at Ganavan. Comment : This issue is not a material consideration in terms of this planning application. The issue of toilets is a separate matter for the Council to consider. • Concerns raised that the conditions attached to previous consents have not been complied with. Comment : This matter is one that will be investigated separately. • Concerns raised over access to the smaller public beach. Comment : The current application site does not interfere with access to the smaller public beach.

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DEVELOPMENT SERVICES Local Member - A. Macaskill. PLANNING APPLICATION REPORT Date of Validity - 2nd July 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

18th November 2004

Reference Number: 04/01295/OUT Applicants Name: Mr S Barton. Application Type: Outline Application Description: Outline permission for one dwelling. Location: Deerview, TAYNUILT.

(A ) THE APPLICATION Development Requiring Express Planning Permission.

• The construction of a dwelling with associated access road, water supply and drainage.

(B ) RECOMMENDATION The application is recommended for refusal on the grounds set out below.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Adopted Lorn Local Plan.

Policy HO22. The site lies within the adopted Lorn Local Plan inset map for Taynuilt. Policy HO 22 of the Local Plan has identified Taynuilt as a ‘sensitive settlement’ within which large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing. As a result the Council has restricted new housing development to areas identified on the inset maps. The proposed site is outwith the areas identified by the Local Plan. The proposal is accordingly contrary to Policy HO 22 of the adopted Lorn Local Plan. No operational or locational need is advanced by the applicant. Draft Argyll & Bute Local Plan.

The proposal would be a departure from the adopted local plan. The question arises as to what weight of consideration must be given to the draft Argyll and Bute Local Plan which places the site within sensitive countryside and subject to a different policy approach. In this respect, representations have been received to the effect that the site should be designated within a rural opportunity area. Given that representations have been made and that there will be substantial changes to the consultative draft both in terms of area zoning and specific policies, it is my view that little weight can be given to the draft plan.

Notwithstanding that little weight can be given to the draft plan, in this case the draft plan does not present a case for approving the development contrary to the adopted plan policy HO 22. The sensitive countryside designation brings Argyll and Bute Structure Plan policy STRAT DC 5 to bear. Under this policy small-scale development proposals can only be encouraged if they accord with an area capacity evaluation and do not result in unacceptable forms of ribbon development or settlement coalescence. In addition, policy H1 of the draft Argyll and Bute Local Plan seeks to resist small-scale development in open areas of sensitive countryside “other than in exceptional circumstances.”

Area Capacity Evaluation.

The Approved Structure Plan and Draft Argyll and Bute Local Plan policy recognises that there is not a general capacity to absorb new small-scale development (i.e. less than five houses) in areas of sensitive countryside. However, the above policies allow for such small-scale development in “exceptional circumstances”, if it can be shown that the landscape and settlement pattern can successfully absorb the development, but only after an area capacity evaluation has been carried out to assess the direct and cumulative impact of the development. If, as a result of the area capacity evaluation, the proposal is found to be contrary to the settlement pattern and cannot be successfully

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absorbed into the landscape, it would be contrary to the Approved Structure Plan, Local Plan, Draft Argyll and Bute Local Plan policies.

Area Capacity Evaluation (ACE) Area.

The attached plan illustrates the ACE Area on which the following evaluation is based.

The ACE Area is bounded on the north side by an unpaved path which more or less follows the 50- metre contour used to define the sensitive countryside. To the north of this is a rural opportunity area, which quite clearly shows that an assessment was made at the time of drawing up the local plan to distinguish areas that have capacity (rural opportunity areas) from those with extremely limited or no capacity (sensitive countryside). To the east the ACE Area is bounded by conifer forest. The south and west boundaries are less well defined but there is a general thickening of tree cover. The ACE Area slopes upwards to the south and consists of rough grazing with predominantly birch scrub of various levels of density. The application site is a more open area at the northeast corner of the ACE Area surrounded by native tree scrub. The key characteristics of the ACE Area are open rolling upland agricultural pasture land with native scrub which is free from development and bounded by woodland.

The Proposed Development within the ACE Area.

The proposal is to erect a dwelling and form an access track. The ACE Area is, as noted above, a distinctly open area of rough grassland with sporadic birch scrub. That openness means that views within the area embrace the open pasture and the more distant perimeter of hills to the north and east. The landscape here is a high quality one of hill pasture, indigenous tree species and surrounding hills. It has a semi-wild and distinctly unsettled character and these qualities in the landscape, its openness and its elevation in relation to surrounding countryside were factors which led to the designation of the area as sensitive countryside in the draft local plan.

A building on the site in question and the necessary access track would be visible and prominent over a wide part of the ACE Area. The proposed house and access road would introduce features which are wholly contrary to the character of the ACE Area by introducing development within an area which contains no other buildings and from which no visually significant buildings can be seen. It therefore the conclusion that the ACE Area has no capacity to absorb such development without harming its open and undeveloped character.

Capacity of the ACE Area and Broader Area of Common Landscape Character.

With respect to the above, the open character and lack of development within the ACE Area mean that it has no capacity to absorb development without harm to sensitive countryside. This conclusion is reinforced when the ACE Area containing the site is considered in the context of the wider hillside which forms an area of common landscape character. Apart from the electricity sub-station, there are no other visually significant buildings. The area is clearly well beyond the settlement of Taynuilt and is an open, unsettled landscape. Unlike the landscape and settlement pattern closer to the village, it is not a landscape of scattered crofts or farmsteads but rather one of more open nature which is free from development.

From the foregoing, it appears that development would not meet the terms of the emerging local plan policy. Since no operational or locational need is advanced, there is no case for over riding the established adopted local plan policy set out above. Government Policy.

Scottish Executive advice as contained in PAN 36 clearly states that the principles on which the government’s policy on housing in the countryside is based are that, inter alia, the coalescence of settlements and ribbon development should be avoided and that isolated development should be discouraged in the open countryside except where the development plan provides for it or there are special needs. Given the ACE the proposal is clearly contrary to the recommendations of PAN 36.

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(D ) CONCLUSION

The proposed development is contrary to the existing and emerging plans and is therefore recommended for refusal.

Angus J Gilmour Head of Planning

Author: Robert Walker 01631 567958

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REASONS FOR REFUSAL IN RESPECT OF APPLICATION 04/01295/OUT.

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

2. The proposed site lies within “sensitive countryside” as defined in the Argyll and Bute Structure Plan where the provisions of Policy STRAT DC 5 and Draft Argyll and Bute Local Plan Policy H 1 apply. Within such areas of “sensitive countryside” it is the Councils policy to resist new housing development within the open countryside, unless the development can, in exceptional circumstances, accord with an “area capacity evaluation” (ACE), which demonstrates that the proposal will integrate sympathetically with the landscape and settlement pattern. In this respect, the proposed site lies in an area of open, undeveloped, agricultural countryside which is well divorced from the main settlement of Taynuilt where the landscape has no capacity to absorb additional development without undermining the open landscape qualities of the area. In this regard the introduction of a dwelling house would introduce a new element into the landscape which would be isolated and prominent and unrelated to the established settlement pattern and as such would have an adverse environmental impact.

3. For the reasons specified in 1 and 2, above, the proposal does not integrate with the landscape and as such is contrary to the provisions of Policy STRAT DC 8 of the Argyll and Bute Structure Plan and to the provisions of Planning Advice Note 36 – ‘New Houses in the Countryside’, which seek to resist such developments.

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APPENDIX RELATIVE TO 04/01295/OUT

A. POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 5 Development in Sensitive Countryside

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

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

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

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

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

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

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

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

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Draft Argyll and Bute Local Plan

H 1 Housing Development

A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.

B) Other than in exceptional circumstances, housing development shall be resisted when it involves:

In the countryside; 4. Small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside.

C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated – see policy notes 3 in Annex (pages 63 and 64).

Policy notes 3. Exceptional Cases to H 1 When an exceptional case is required to justify a proposed housing development under policy H 1 B) and C), the following shall be demonstrated to the satisfaction of the planning authority.

Policy notes Sensitive countryside to H 1 (cont) k where the proposal involves small scale housing development in open areas (not infill, rounding-off or redevelopment sites) within the sensitive countryside, it will require to demonstrate successful integration with the landscape and settlement pattern*; additional support factors are not necessary to justify such development;

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

Lorn Local Plan

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

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Government Advice/Guidance PAN 36 Siting and Design of New Housing in the Countryside

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

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

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

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None relevant.

(ii) Consultations

Response Date Comment Area Roads Engineer 20th August No objections subject to conditions Trunk Roads Authority 30th July No objections subject to conditions. Archaeology Service 23rd July No objections.

(iii) Publicity and Representations

Advert Type: Article 9

Representations: Yes

Name Address Letter date P W Harper Heather Cottage, Ichrachan 10th July

Summary of points raised:

• The boundaries of Heather Cottage are incorrectly shown. Comment: Heather Cottage abuts the proposed access road. The slightly inaccurate representation of its boundaries has not prejudiced consideration of the impact of the application.

• The additional traffic on the Kilchrenan Road will affect road safety. Comment: The Area Roads Manager has not objected to the application.

• The access will cause disturbance to Heather Cottage. It is considered that disturbance during and after construction would be insufficient to warrant refusal of the application. There are safeguards in common and environmental law.

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DEVELOPMENT SERVICES Local Member - Councillor A. MacDougall. PLANNING APPLICATION REPORT Date of Validity - 17.08.2004 OBAN, LORN AND THE ISLES Committee Date - 08.12.2004

15.12.2004

Reference Number: 04/01574/OUT Applicants Name: Mrs. Anne Elwis. Application Type: Outline Application. Application Description: Site for the Erection of a Dwellinghouse. Location: Land south west of Erray House, Erray Road, Tobermory.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• The Erection of a Dwellinghouse.

(B ) RECOMMENDATION

I recommend that the application be approved as a Minor Departure to the Development Plan.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The proposal is for the erection of a single dwellinghouse within a 0.064 ha (0.16 acre) plot that lies between the minor Erray Road (UC6) and a previous development (01/01636/DET) of three dwellinghouses, Tobermory. Adopted Mull, Coll and Tiree Local Plan The application site is located within an area covered by policy HO(5) in the adopted Mull, Coll and Tiree Local Plan. The general presumption in favour of new houses in the countryside as detailed in policy HO(5) has been removed by virtue of policy STRAT 4A of the adopted Local Plan. This latter policy seeks to ensure that “All single or small scale residential development in the Islands’ countryside will be examined in terms of infrastructure and servicing implications and in scenic areas and coasts careful consideration will be given to the design, setting and scale of development. In addition, the areas covered by policy STRAT 4 (iii){in the Tobermory, Dervaig, Lochdon and Iona settlement areas} the proposal will require to be justified against a set list of criteria: The adopted Mull, Coll and Tiree Local Plan seeks to restrict uncoordinated residential development on the periphery of Tobermory, in the interests of conserving the existing landscape setting of the town. Policy HO(5) has identified an area around Tobermory where the general presumption in favour of development has been removed. The application site lies within this zone and is therefore contrary to that policy. It should be noted in the consideration of this application, that in 1990 an outline planning permission (01.90.0499) was granted for housing on a site adjacent to the current site. This was approved as a justifiable departure from the development plan on the basis of unsatisfied demand for house sites in Mull generally and Tobermory in particular. Subsequently detailed permission was granted (01/01636/DET) in January 2002 for three dwellings and these now occupy the developable land to the west of the current application site. Access to the current site is from the existing private way that serves three existing dwellings. The public road passes to the east of this site with the private way forming the front boundary of the application site. This will be the fourth house to be served by the private way, which accords with relevant access/roads policies. As this is a proposal within the zone identified in Policy HO(5) and in terms of STRAT 4 (iii) it requires to be justified against the following criteria.

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i) Locational/Operational need No such claim has been made. ii) Economic Benefit Any economic benefit would be marginal. iii) Sterilisation of Natural Resources None. iv) Environmental Impact The site is within a narrow relatively secluded and sheltered valley which stretches northwards from the northern periphery of the town. The application site is formed from an area of low lying ground which sits just to the north east of the third house in the adjacent three house development. (01/01636/DET) This plot is fenced off from the better quality agricultural ground that forms the northern edge of this site and of the already developed house sites. The addition of a fourth house would not have an adverse effect on the landscape setting of the town or upon the immediate landscape and can be seen as reasonable infill or rounding-off. Any dwellinghouse on this plot would provide a logical termination for development within this valley because land has already been developed up to this point. An additional dwelling on this site would complement the existing residential development and provide a positive visual break between the urban areas to the south and the open countryside to the north. v) Effect on Conservation of Natural and Heritage Resources There will be no adverse effect on the above resources. vi) Alternative Policies and Proposals Contained in the Local Plan None Draft Argyll and Bute Local Plan The area-wide Consultative Draft Local Plan has designated the site, within Structure Plan Framework policy STRAT DC 2, as Countryside around Settlements. This policy notes that “encouragement shall be given to development which accords with the settlement plan for the area; this includes small scale infill and rounding off” The Draft Local Plan inset map 1 shows that the site lies outwith the Tobermory outline boundary and outwith Potential Development Area 6/1. Whilst the application site lies outwith the proposed outline boundary for Tobermory any development on the site would consolidate the recent housing development and provide a logical visual and physical termination of development in this part of the town. It would not affect or compromise the adjoining PDA 6/1 and would be in accord with the Countryside around Settlements Policy. (STRAT DC 2) This policy seeks a planned, formalised and co-ordinated approach to development and this application conforms to those aims as outlined in the previous sentence.

(D ) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING As there are no letters of representation or any servicing constraints it is considered that there is no need for a hearing.

(E ) JUSTIFICATION FOR MINOR DEPARTURE The application site is located on the periphery of Tobermory where policies STRAT 4 and HO(5) of the adopted Mull, Coll and Tiree Local Plan presume against further housing development. The purpose of restricting further residential development in the countryside around the town was to prevent uncoordinated development that individually or cumulatively would have had an adverse effect on the landscape setting of the town and/or upon the future provision of public services. These policies sought to restrict new development to infill and rounding-off within the main built-up areas and on sites identified by the local plan. However The Mull, Coll and Tiree Local Plan is considerably out of date and the areas previously identified for housing have mostly been developed. Accordingly, and in the light of

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recent development pressures in the town, it has been necessary in recent years to identify suitable alternative sites and a number of these sites, within the area covered by Policy HO(5) have been granted planning permission for dwellinghouses as minor departures. In this instance the site is adjacent to a three house development that was deemed to be a justifiable departure in January 2002. (01/01636/DET) The current application for a single dwellinghouse is considered to be acceptable in land use, landscape and amenity terms and there are no servicing constraints.

(F ) CONCLUSION • The proposal is considered to represent a justified departure from Policy HO(5) of the Adopted Mull, Coll and Tiree Local Plan. • The proposal is consistent with previous and recent decisions in this part of Tobermory. • The proposal does not prejudice the proposals as outlined in the Consultative Draft Local Plan

Angus J Gilmour Head of Planning

Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01574/OUT

1. Standard.

Reason: Standard.

2. Standard

Reason: Standard

3. Standard

Reason: Standard.

4. Any details pursuant to condition (1) above shall incorporate the following elements: i) Finished in a coloured render to match the colour of render on the existing dwellings on the adjoining site. ii) With a roof covering of natural slate or good quality slate substitute. iii) Of no greater than one and a half storeys in height. iv) Incorporating windows with a strong vertical emphasis. v) With a roof pitch of 35 degrees. vi) Which is predominantly rectangular in shape with traditional gable ends. vii) With the predominant ridge line set at right angles to the public road that forms the south eastern boundary to the site.

Reason: In the interests of visual amenity and in order to integrate the proposed dwellinghouse with its surroundings.

5. That prior to the development being commenced the bellmouth area of the existing private access onto Erray Road shall be surfaced for the first five metres back from the nearside edge of the public road carriageway in dense bitumen macadam.

Reason: In the interests of road safety.

6. That prior to the dwellinghouse being completed or brought into use visibility splays of 70 metres in both directions, formed from a point 2.4 metres back along the centre line of the existing access from the nearside edge of the metalled portion of the public road shall be cleared of all obstructions to driver visibility and thereafter maintained free of all obstructions to driver visibility above a height of 1.05 metres from the level of the adjacent highway to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

7. That in pursuance of condition 1c above and prior to work starting on site full details of the parking and turning provision for cars commensurate with the size of the proposed dwellinghouse shall be drawn up in consultation with the Area Roads Manager and shall be submitted to and approved in writing by the Planning Authority. The parking and turning areas shall be provided prior to the occupation of the dwellinghouse.

Reason: In the interests of road safety

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APPENDIX RELATIVE TO 04/01574/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

Mull, Coll and Tiree Local Plan

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

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

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

(i) Locational/operational need (ii) Economic benefit (iii) Sterilisation of natural resources (iv) Environmental impact F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\6\2\AI00020268\1574WRES1511040.DOC 5

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(v) Effect on conservation of natural and heritage resources (vi) Alternative policies and proposals contained in the local plan.

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

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(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

Part of a site granted Outline Planning Permission in 1990 (01-90-0499) that is now time expired and superseded by a detailed consent granted in January 2002. (01/01636/DET)

(ii) Consultations

Response Date Comment Area Roads Engineer 28.09.2004 No objections subject to conditions. Notes Scottish Environmental Protection Agency 18.10.2004 No objections subject to suitable drainage arrangements. Scottish Water 06.09.2004 No objections.

(iii) Publicity and Representations

Advert Type : Potential Departure from Policy HO(5) Mull, Coll and Tiree Local Plan Closing Date: 15th September 2004

Representations : No

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NOTE TO APPLICANT RELATIVE TO APPLICATION 04/01574/OUT

Scottish Water have advised as follows:

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

Separate application will have to be made for the provision of site water mains, if required and service connections. It is strongly recommended that a cold water storage system is provided for the dwellinghouse having an actual (not nominal) capacity of 200 litres.

It is advisable that any septic tank or other suitable treatment system be sited in such a manner as to allow easy access for emptying by tanker.

You are advised to contact them direct to discuss this matter

Contact:

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

Tel : 0845 601 8855

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

Road Openings Permit required. You are advised to contact them direct to discuss this matter:

Contact:

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

Tel: 01631 562125

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DEVELOPMENT SERVICES Local Member - Councillor S MacDougall PLANNING APPLICATION REPORT Date of Validity - 10th September 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

25th November 2004

Reference Number: 04/01738/DET Applicants Name: Josephine Grant Application Type: Detailed Application Application Description: Replacement of front windows (retrospective) Location: First Floor Flat, 126 George Street, Oban.

(A ) THE APPLICATION

Development Requiring Detailed Planning Permission.

• Replacement of three first floor, front elevation windows (retrospective).

(B ) RECOMMENDATION

It is recommended that the application be continued to allow further investigation into the previous replacement windows in the building.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This first floor residential flat lies within a three storey tenement building in George Street (No’s 122- 132) which is a Category C(s) Listed Building

Development Plan Policy

Policy STRAT DC 9 of the Argyll and Bute Structure Plan states that protection, conservation, enhancement and positive management of the historic environment is promoted. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument, or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation are or historic garden and designed landscape.

Policy BE 1A of the Lorn Local Plan states that the Council will encourage new works or uses which will result in the preservation and/or positive enhancement of buildings of Architectural and Historic Interest. The Council will normally permit only those alterations to statutory Listed Building which maintain and/or enhance their special architectural or historic qualities.

These policies are in accordance with the Government’s ‘Memorandum of Guidance on Listed Buildings and Conservation Areas’ and National Planning Policy Guidance Note 18: ‘Planning and the Historic Environment’.

The building was Listed in 1995 and the listing records a number of timber sash and case windows, although the description is a little unclear which windows were the original. Today, all of the windows on the front elevation of the building have been replaced with unsympathetic modern replacements in a variety of styles. Planning permission and listed building consent does not appear to have been obtained for any of these replacements.

In order to fully assess the implications of these unsympathetic modern window replacements, and to determine which windows have been replaced without the necessary planning and listed building consents, further information is being sought from the Council’s archive of photographs and from Historic Scotland.

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(D) CONCLUSION

It is recommended that consideration of this application be continued to allow further information to be sought from Historic Scotland and Council records with respect to the planning history of the building and the type of windows in the building at the time of listing in 1995.

Angus J Gilmour Head of Planning

Author: Susan Poole 01631 567956

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APPENDIX RELATIVE TO 04/01738/DET

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 9 Historic Environment and Development Control

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

Lorn Local Plan

BE 1A The Council will encourage new works or uses which will result in the preservation and/or positive enhancement of buildings of architectural and historic interest, ancient monuments and sites of archaeological importance. The Council will normally permit only those alterations to statutory listed buildings which maintain and/or enhance their special architectural or historic qualities. The Council will seek to protect the sites and settings of buildings of architectural and historic interest, ancient monuments and sites of archaeological importance from development which would have a detrimental impact.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

04/01789/LIB: Application for Listed Building Consent for the current proposal under consideration by my department.

(ii) Consultations

Response Comment Date None required

(iii) Publicity and Representations

Advert Type: Potential Departure Advert Closing Date: 9th December 2004

Representations: None received.

Name Address Letter date

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DEVELOPMENT SERVICES Local Member - Councillor S MacDougall PLANNING APPLICATION REPORT Date of Validity - 10th September 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

25th November 2004

Reference Number: 04/01789/LIB Applicants Name: Josephine Grant Application Type: Listed Building Application Application Description: Replacement of front windows (retrospective) Location: First Floor Flat, 126 George Street, Oban.

(A ) THE APPLICATION

Development Requiring Listed Building Consent.

• Replacement of three first floor, front elevation windows (retrospective).

(B ) RECOMMENDATION

It is recommended that the application be continued to allow further investigation into the previous replacement windows in the building.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This first floor residential flat lies within a three storey tenement building in George Street (No’s 122- 132) which is a Category C(s) Listed Building

Development Plan Policy

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(D) CONCLUSION

Angus J Gilmour Head of Planning

Author: Susan Poole 01631 567956

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APPENDIX RELATIVE TO 04/01789/LIB

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 9 Historic Environment and Development Control

Lorn Local Plan

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

04/01738/DET: Application for planning permission for the current proposal under consideration by my department.

(ii) Consultations

Response Comment Date Historic Scotland No response

(iii) Publicity and Representations

Advert Type: Regulation 5 Listed Building Advert and Potential Departure Advert Closing Date: 9th December 2004 (overall)

Representations: None received.

Name Address Letter date

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DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 21st September 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

11th November 2004

Reference Number: 04/01904/OUT Applicants Name: David and Lorna Moseley Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Land north west of Old Schoolhouse, Kilmore, by Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted); • Installation of a septic tank (no details submitted).

Other Specified Operations.

• Connection to public water main; • Existing vehicular access to be used.

(B ) RECOMMENDATION

The proposal is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS It is proposed to erect a dwellinghouse (no details submitted) on an area of contained ground to the adjacent to the A816 public road. The site lies to the north west of an existing dwellinghouse known as the Old Schoolhouse on an area of ground between the existing access and hardstanding and rising ground as the north west. On the opposite side of the public road lies the church and the access to the farm beyond. Adopted Lorn Local Plan

The site lies on the edge of the Lorn Local Plan Inset Map for Kilmore. Kilmore is considered to be a sensitive settlement, as defined by Policy HO 22, within which large scale or unsympathetic development could have a detrimental effect on the existing landscape and servicing. Accordingly, new housing development has been restricted to those areas identified by Policy HO 22 on the Inset Map. Only in exceptional circumstances will the Council grant approval for a house on greenfield sites outwith these identified areas. To satisfy these exceptional circumstances, the applicant would require to demonstrate an overriding locational or operational need.

This site lies outwith the areas identified as being suitable for new housing development, and no claim of locational/operational need has been made in support of this application.

The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration 1993.

Draft Argyll and Bute Local Pl an

The site lies on the very edge of the proposed settlement boundary of Kilmore, within land identified as Countryside around Settlements. Within the Countryside around Settlements, Policy STRAT DC 2 of the approved Argyll and Bute Structure Plan STRAT DC 2 and H1 of the Draft Argyll and Bute Local Plan offers encouragement to development which accords with the settlement plan for the area, including appropriate small scale infill, rounding-off, redevelopment and change of use of building development.

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The proposed site lies on the edge of the settlement of Kilmore, within the grounds of an existing dwellinghouse, known as the Old Schoolhouse, which is opposite the Kilmore Church and the existing access to the farm beyond.

The site lies on low ground, adjacent, yet below, the A816, on a similar plane to the Old Schoolhouse. The south eastern most portion of the site provides the ideal location for the proposed house due to this low lying ground. To the north west of the site, the land rises towards the sharp corner in the road at the north western most point of the site. It is this higher ground and the hill and corner on the public road which mark a distinct boundary to the settlement of Kilmore on this site of the road.

It is considered that the erection of a house, within the south eastern portion of the site, would represent a suitable opportunity for rounding-off development on this north western periphery of Kilmore. The proposed development respects the existing settlement pattern in this area, being roadside development, and can be sensitively integrated into the landscape due to the low lying nature of the site itself.

Servicing and Infrastructure The proposed site is to be accessed via the existing private driveway serving the Old Schoolhouse. The Area Roads Engineer has raised no objections to the proposal in terms of road safety. A new septic tank and soakaway is proposed to serve the development and connection is to be made to the public water main. No comments have been received from the consultees, however there appears to adequate ground available within the applicants control to accommodate a septic tank and soakaway.

The proposal raises no servicing or infrastructure concerns.

(D) JUSTIFICATION FOR MINOR DEPARTURE

Given the age of the current adopted Local Plan, that there are no representations relative to the proposed site and that the proposal is consistent with the Draft Argyll and Bute Local Plan policy STRAT DC 2 and H1 in so far as the site is located within Countryside around Settlements and represents a suitable opportunity for rounding-off development, there is a justification for a departure from adopted local plan policy.

(E) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING

A local hearing in accordance with Planning Advice Note 41 is not considered necessary in this instance as there have been no letters of objection to the proposal. It is also considered that the proposal is not prejudicial to the Draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Author: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01904/OUT

1. Standard outline. 2. Standard outline. 3. Standard outline. 4. Any details pursuant to Condition 1(a) above shall include a dwelling house: i) positioned in the south eastern most portion of the site; ii) with an external foot print of no more than 100sqm; iii) finished in wet dash render or natural stone or a mixture of both; iv) with a roof covering of natural slate or good quality slate substitute; v) of no greater than one and a half storeys in height; vi) incorporating windows with a strong vertical emphasis; vii) a roof pitch of not less than 35o and not greater than 42o; viii) incorporating smooth cement window and/or door bands; and ix) which is predominantly rectangular shaped width traditional gable ends. Reason: In the interest of visual amenity and in order to integrate the proposed dwelling house into its landscape setting.

5. Any details pursuant to Condition 1(d) above shall show full details of the proposed foul drainage system to serve the development. Such details, in consultation with the Scottish Environmental Protection Agency, shall show a septic tank with sub-soil soakaway system.

Reason: In the interests of public health in order to ensure adequate foul drainage arrangements to serve the development and to avoid a proliferation of individual septic tanks.

6. Any details pursuant to Condition 1(b) above shall show a scheme of hard and soft landscaping work. Such details shall include:

• Location and design, including materials of any walls, fences and gates; • Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; • Programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. Any trees or plants which within a period of ten years from the completion of the development die, or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

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

7. Any details pursuant to Condition (c) above shall show the existing access to the Old Schoolhouse being used to serve the approved dwellinghouses. Prior to the commencement of works on the construction of the dwellinghouse hereby approved, visibility splays of 145m to the north west and 160m to the south east, measured from a point 2.4m back from the edge of the public road along the centreline of the access, shall be cleared of all obstructions to driver visibility over a height of 1.05m above the level of the adjacent carriageway. Thereafter, the approved visibility splays shall be kept clear of any obstructions to driver visibility above a height of 1.05m in perpetuity. Reason: In the interests of road safety.

8. Any details pursuant to Condition 1(c) shall show parking and turning for vehicles commensurate with the size of the dwellinghouse, i.e. three bedrooms, 2 parking spaces; four bedrooms, 3 parking spaces. Reason: In the interests of road safety in order to provide adequate parking and turning facilities to serve the development.

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APPENDIX RELATIVE TO 04/01904/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan 2002

STRAT DC 2 Development within the Countryside Around Settlements

A) Within the Countryside Around Settlements encouragement shall be given to development whih accords with the settlement plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C). In special cases, a locational need or exceptional circumstances may justify a development.

B) Developments which do not accord with this policy are those outwith categories A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

Adopted Lorn Local Plan

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

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Draft Argyll and Bute Local Plan

STRAT DC 2 Development within Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 (above)

H1 A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development. For which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.

B) Other than in exceptional circumstances, housing development shall be resisted when it involves: In the settlements: 1. large scale housing development in small towns and villages and minor settlements. 2. medium scale housing development in the minor settlements. In the countryside: 3. large and medium scale housing development in all the countryside zones 4. small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside. C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

959/77 : COU of School to form dwellinghouse : Approved 7.4.04 750/78 : Alterations and extension to Schoolhouse and School to form three dwellinghouses : refused 9.2.79 on the grounds of road safety (objection by Trunk Roads Authority). 205/79 : Alterations to Schoolhouse and School to form dwellinghouse and holiday house : Refused 20.6.79 on the grounds of road safety (objection by Trunk Road Authority).

Whilst this current application will increase traffic movements from the access, the A816 is no longer a Trunk Road and the Council’s Area Roads Manager has raised no objection to the use of this access for an additional dwellinghouse.

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(ii) Consultations

Response Date Comment Area Roads Engineer 14.10.04 No objections Scottish Environmental Protection Agency No response Kilmore Community Council 12.10.04 No objections

(iii) Publicity and Representations

Advert Type : Article 9 and Potential Departure Advert Closing Date: 2nd December 2004 (overall)

Representations : None received.

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DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 29th September 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

15th November 2004

Reference Number: 04/01933/VARCON Applicants Name: Mr and Mrs D Thomson Application Type: Variation of Condition on Outline Application Application Description: Site for a dwelling Location: Land west of Dunard, Glen Lonan, Taynuilt

(A ) THE APPLICATION

The application seeks to remove a Condition 7 of the outline permission which stipulates the siting of the proposed development on a particular part of the application site and elements of its design as follows:

Any details pursuant to Condition 1(a) above shall show a house sited between the road and the burn and of local traditional design and finish incorporating the following elements: i) single or one and a half storey height, with a ridge height of no more than seven metres; ii) window openings with a strong vertical emphasis; iii) walls finished in a white wet dash or smooth render or in natural stone; iv) roofs of symmetrical form, pitched to at least 35 degrees and finished in natural slate; v) a dominant element of rectangular shape with gable ends; vi) gable widths not exceeding 6.5m; vii) traditional “peaked” roof dormers and porches and viii) a ground floor area of no more than 100 square metres when measured externally. Reason: In the interests of visual amenity and to respect local distinctiveness by reflecting the vernacular building traditions of the area.

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The proposal lies within a site the whole of which is in an area identified for housing in terms of Policy HO 22 of the current local plan.

That area is shown in the new consultative draft local plan as being partly within the settlement zone and partly in an adjacent area of search in countryside around the settlement. There are no servicing constraints and, subject to suitable conditions regarding the landscaping of the site and the proposed dwelling’s siting, design and finishes, the application is consistent with current and developing policy, and with the provisions of PAN 36.

The principle of development in this location, but on a site with slightly different boundaries, was examined by the Committee in 1999 and outline permission was granted subject to conditions. The 1999 application showed the outline of a house on the western part of the site, but the written notes described this as, “House shown for indicative purposes only.” The 2004 application was similarly granted but subject to an additional condition specifically requiring the new dwelling to be sited on the part of the site between a burn and the road.

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The site is a complex one. It is divided by a burn and embraces two distinctive types of landscape:

i The condition requires the house to be sited between the burn and the road which forms the east side of the site. That frontage part of the site is flat and appears to be the yard to a substantial shed that stands close to the southern boundary. The road rises to the south, so that the site is significantly below the cottage Dunard and the new house Cearnag. The sloping banks to the east and south have a variety of trees and provide a margin with good potential for landscaping in so far as they are within the application site. To the north is the modern house Cara, which has windows overlooking the application site. Generally, it appears that, if, a modest house were carefully sited on this part of the whole site, the privacy of surrounding houses and the character of the landscape could be reasonably respected.

ii West of the burn, the ground, again, rises but in terraced form. There is substantial and more mature tree cover and a number of old dry-stone dykes. This area has a distinctly natural character which would be significantly changed by development. Development here would be in a satisfactory relationship to the surrounding houses but at a greater cost in existing landscape features. Policy BE 11 of the Lorn Local Plan states that the Council will “encourage the retention and enhancement of trees within or directly adjacent to built-up areas.” The loss of trees in this case would be contrary to that policy.

The site is in the Policy HO 22 allocation for housing. That policy seeks to protect the landscape setting of the villages to which it applies. The proposal to build to the west of the burn would extend the built-up area of the village into the countryside and thereby erode the quality of the landscape setting of Taynuilt. iii The western part of the site is, as noted above, designated as being within an Area of Search in Countryside Around the Settlement. The Development Policy Officer has advised that,

“Development of this site would fall within an Area of Search in the new Plan. Areas of Search have been designated to identify land for the future development of towns and villages and policy H1 states that housing proposals within AOS should be resisted unless the proposal is clearly rounding off. Given that this proposal is to site a house on the outer side of the burn I would suggest that this proposal is not rounding off, as the burn would appear to represent a clear boundary in terms of land use in this particular location. On this basis development policy team object to this proposal.”

D) In addition to the requirement as to siting, the condition also sets out, in accordance with standard practice, elements of the form and scale of the detailed design which would be found acceptable on the site. These elements derive from Policy BE 12 of the Lorn Local plan and the Council’s design guide. They are intended to set a brief for the development which will result in a new building compatible with the very attractive old and new houses of traditional form within the same locality as the application site.

E) The condition regarding the location of the house on the site was based on sound reasons with regard to the settlement pattern, landscape features, design and the policies of the adopted and emerging local plan. It is recommended that the application be refused for the reasons set out below.

Angus J Gilmour, Head of Planning.

Contact: Ian McIntyre 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/01933/OUT

1. The removal of the condition would lead to the siting of the new house in a location which would result in the loss of trees which would be contrary to Policy BE 11 of the adopted Lorn Local Plan which seeks to retain and enhance tree cover associated with settlements.

2. The settlement pattern is typically one of development along the road frontage. Siting the dwelling to the west of the burn would give rise to a development which would appear out of character with and contrary to the established settlement pattern and which, by projecting into the undeveloped countryside, would harm the landscape setting of Taynuilt.

3. Development of this site would fall within an Area of Search in the draft Argyll and Bute local Plan. Areas of Search have been designated to identify land for the future development of towns and villages and policy H1 states that housing proposals within AOS should be resisted unless the proposal is clearly rounding off. Given that this proposal is to site a house on the outer side of the burn it is not rounding off as the burn would appear to represent a clear boundary in terms of land use in this particular location.

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APPENDIX RELATIVE TO 04/01933/OUT

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Argyll and Bute Draft Local Plan

STRAT DC 1 Development within Settlements.

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

C) Within the Minor Settlements to small-scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off and redevelopment sites. In exceptional cases medium or large-scale development may be supported.

AOS 1 Development in Areas of Search

A) Other than specified in B) below, development in areas of search within the countryside around settlements and greenbelt zones shall be resisted. B) The principle of the following limited categories of development is supported within those areas of search: 1. development which is wholly ancillary to existing lawful uses and buildings and 2. development which is consistent with policies STRAT DC2 and 3 which apply to these zones.

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Lorn Local Plan

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

… Taynuilt …

The Council has accordingly restricted new housing development to areas identified on the inset maps.

BE 11 The Council will encourage the retention and enhancement of existing trees within or directly adjacent to built up areas. The Council will normally require that developments within its powers of control do not lead to the destruction of trees, woodlands and hedges … BE 12 The Council will seek to achieve a high standard of residential layout and design.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

98/01750/OUT: Permission granted (11th March 1999) in outline for a site for a dwelling. 04/00251/OUT: Permission granted (9th June 2004) in outline for a site for a dwelling.

(iii) Publicity and Representations

Advert Type: Article 9 vacant land Closing Date: 21st October 2004

Representations: Yes

Name Address Letter date Mrs F Anderson 42 Achlonan, Taynuilt. 5th October 2004

Summary of points raised:

• The removal of the condition would result in a development with no respect for visual amenity and no consideration for surrounding neighbours. The end result would be another monstrosity dominating and towering over the traditional cottages.

Comments: The condition is required to achieve a satisfactory detailed scheme.

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DEVELOPMENT SERVICES Local Member - Cllr Duncan MacIntyre PLANNING APPLICATION REPORT Date of Validity - 07.10.04 OBAN, LORN AND THE ISLES Committee Date - 08 December 2004

15 November 2004

Reference Number: 04/01951/OUT Applicants Name: Mr David Colthart Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Plot 2 Barrancaltuim Barran, Kilmore, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted) • Installation of septic tank and soakaway • Connection to proposed private water supply • New vehicular access

(B ) RECOMMENDATION It is recommended that the application be approved, as a minor departure from current adopted policy, subject to the conditions and reasons on the following page.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site lies within the Oban Catchment Area as defined by Policy HO 25 of the Lorn Local Plan 2nd Alteration. Policy HO 25 states that within the Catchment Area there will be a presumption against housing development except when it is infill, rounding-off or redevelopment related to the existing built form. The site lies some 600m to the north east of the junction with Glencruitten Road at the Rare Breeds Park and some 150m from the existing fire damaged former dwellinghouse known as Barran Calltunn, on the opposite side of the public road. As the proposal is detached from the existing development, the proposed development does not represent infill or rounding-off development and does not represent redevelopment due to the lack of any existing buildings on the site.

The proposal is therefore contrary to Policy HO 25 of the adopted Lorn Local Plan.

Draft Argyll and Bute Local Plan

The Draft Argyll and Bute Local Plan has identified this area as a ‘Rural Opportunity Area’, within which encouragement will be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern.

• PAN 36 Assessment

It is proposed to erect a dwellinghouse (no details submitted) on an area of open ground adjacent to the back road between Oban and Connel. The site lies some 600m to the north east of the junction with Glencruitten Road at the Rare Breeds Park and some 150m from the existing fire damaged former dwellinghouse known as Barran Calltunn, on the opposite side of the public road. This section of the Glen, between the Rare Breeds Park and Barran Calltunn has a fair level of development, including agricultural buildings, three dwellinghouses (additional one consented) and the Rare Breeds Park development. The site is separated from the public road by an area of existing planting and is located on a lower level to the road. The site will be screened from public view from both the south west and the north east by raised, curving land. The site is positioned in the middle of these two curved areas of raised ground to prevent the house intruding into the open views down the glen towards Kilvaree.

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The settlement pattern of the general area is based historically on farming and crofting. There are two main farm clusters in the glen, being Ardconnel and Ardchonnel, both located along the roadside. Crofting has also helped to determine the pattern of development in the area, resulting in a scattered development throughout the glen, which utilises the topography for shelter. As discussed there are primarily two patterns of development in the glen, well-spaced roadside development and irregularly spaced, scattered development away from the roadside, throughout the glen. In order to integrate small scale development successfully into this glen, careful consideration must be given to maintaining the low density nature of development and maintaining the irregular spacing between development, whilst ensuring that development is integrated visually into the landscape through the use of the topography. The development of a house on this site is reflective of the roadside settlement pattern, would maintain the low density scale of development in the area and would maintain adequate separation distances between the other roadside development. It is therefore considered that a new house on this site could be successfully integrated into the landscape and would not have an adverse impact on the landscape quality or any key environmental features within this area.

In light of the foregoing, and as there have been no public representations to this site during the Argyll and Bute Local Plan consultation process, the proposal is considered to represent a suitable opportunity for development and is therefore consistent with PAN 36 and Policy STRAT DC 4 of the draft Argyll and Bute Local Plan and H1 Policy.

Other Material Considerations

It is proposed to install a septic tank and soakaway (no details submitted). The Scottish Environmental Protection Agency has not responded, however, as this is an outline application the detail of the foul drainage arrangements would be fully assessed as a reserved matter.

It is proposed use a new private water supply to serve the proposed dwellinghouse. In this respect the Council’s Public Protection Unit has recommended a condition be attached to any consent requiring full details of the private water supply with regards to the quantity and quality of the water available and if necessary any methods needed to improve the supply. A condition to this effect is proposed.

It is proposed to form a new access onto the Connel Back Road. The Area Roads Engineer has raised no objection to the proposal, subject to conditions with respect to the junction layout and visibility splays.

(D) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING

As no letters of representations received regarding the proposal, it is considered that no hearing is required.

(E) JUSTIFICATION FOR MINOR DEPARTURE

Given the age of the current adopted Local Plan and that no letters of representation have been received relative to the proposed site, and that the proposal is consistent with emerging policy and represents an appropriate form of small scale development in tune with the landscape and settlement pattern there is a justification for a minor departure from adopted local plan policy.

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(F ) CONCLUSION • The proposal is considered to represent a minor justified departure from Policy HO 25 of the adopted Lorn Local Plan.

• The proposal is consistent with Policies STRAT DC 4 and H 1 of the draft Argyll and Bute Local Plan and Planning Advice Note 36.

Angus J Gilmour Head of Planning

Contact: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01951/OUT

1. Standard outline. 2. Standard outline. 3. Standard outline. 4. Any details pursuant to Condition 1(a) above shall include a dwelling house: i) finished in wet dash render or natural stone or a mixture of both; ii) with a roof covering of natural slate or good quality slate substitute; iii) of no greater than one and a half storeys in height; iv) incorporating windows with a strong vertical emphasis; v) a roof pitch of not less than 35o and not greater than 42o; vi) incorporating smooth cement window and/or door bands; and vii) which is predominantly rectangular shaped width traditional gable ends. Reason: In the interest of visual amenity and in order to integrate the proposed dwelling house into its landscape setting.

Reason: In the interests of public health in order to ensure adequate foul drainage arrangements to serve the development and to avoid a proliferation of individual septic tanks.

6. Any details pursuant to Condition 1(d) above shall show full details of the proposed water supply to serve the development. Such details, prepared by a suitably qualified individual, in consultation with the Council’s Environmental Health Unit, shall show the location of the proposed water supply and shall provide full details of the quantity and quality of the water supply to be used.

Reason: In the interests of public health in order provide for an adequate water supply to serve the development.

7. Any details pursuant to Condition 1(b) above shall show a scheme of hard and soft landscaping work. Such details shall include:

• Location and design, including materials of any walls, fences and gates; • Surface treatment of means of access and hardstanding areas; • Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; • Programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. Any trees or plants which within a period of ten years from the completion of the development die, or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity in order to help integrate the proposal into its landscape setting. 8. Any details pursuant to Condition 1(c) above shall show the new vehicular access to serve the site being designed in accordance with the Council’s Road Services Drawing No. NA/32/05/2a. Prior to the commencement of works on the construction of the dwellinghouse hereby approved, the access shall be formed in accordance with the approved details and visibility splays of 90m in each direction, measured from a point 2.4m back from the edge of the public road along the centreline of the access, shall be cleared of all obstructions to driver visibility over a height of 1.05m above the level of the adjacent carriageway. Thereafter, the approved visibility splays shall be kept clear of any obstructions to driver visibility above a height of 1.05m in perpetuity. Reason: In the interests of road safety.

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APPENDIX RELATIVE TO 04/01951/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 4 A) Within Rural Opportunity Areas encouragement shall be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern; this may include small scale development in the open countryside as well as small scale infill, rounding-off, redevelopment and change of use building development.

Adopted Lorn Local Plan

HO 25 All proposals within the Oban Catchment Area will be assessed using the following criteria:

(a) Environmental Impact (b) Locational/operational need (c) Economic benefit (d) Infrastructure and servicing implications (e) Sterilisation of natural resources (f) Archaeological implications (g) Alternative policies and proposals contained in the local plan

Within the Catchment Area there will be a presumption against housing development except when it is infill, rounding off and redevelopment related to the existing built form. Proposals which encourage ribbon development will normally be resisted. Regard will be had to the principles set out in the Government’s Planning Advice Note 36.

Draft Argyll and Bute Local Plan

STRAT DC 4 See Structure Plan Policy STRAT DC 4 above.

H1 A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves:

In the countryside: 3. Large and medium scale housing development in all the countryside zones. 4. Small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside.

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Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Scottish Environmental Protection Agency No response Area Roads Manager 17.11.04 No objection subject to conditions Public Protection Unit 20.10.04 No objection subject to conditions Crofters Commission No response Statutory Plans No response

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 11.11.04

Representations : None received

Name Address Letter dated

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DEVELOPMENT SERVICES Local Member - Councillor Duncan MacIntyre PLANNING APPLICATION REPORT Date of Validity - 7th October 2004 OBAN, LORN AND THE ISLES Committee Date - 8th December 2004

15 November 2004

Reference Number: 04/01952/OUT Applicants Name: Mr David Colthart Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Plot 1 Barrancaltuim Barran, Kilmore, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted) • Installation of septic tank and soakaway • Connection to proposed private water supply • New vehicular access

(B ) RECOMMENDATION It is recommended that the application be approved, as a minor departure from current adopted policy, subject to the conditions and reasons on the following page.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site lies within the Oban Catchment Area as defined by Policy HO 25 of the Lorn Local Plan 2nd Alteration. Policy HO 25 states that within the Catchment Area there will be a presumption against housing development except when it is infill, rounding-off or redevelopment related to the existing built form. The site lies some 550m to the north east of the junction with Glencruitten Road at the Rare Breeds Park and some 200m from the existing fire damaged former dwellinghouse known as Barran Calltunn. As the proposal is detached from the existing development, the proposed development does not represent infill or rounding-off development and does not represent redevelopment due to the lack of any existing buildings on the site.

The proposal is therefore contrary to Policy HO 25 of the adopted Lorn Local Plan.

Draft Argyll and Bute Local Plan

• PAN 36 Assessment

It is proposed to erect a dwellinghouse (no details submitted) on an area of open ground adjacent to the back road between Oban and Connel. The site lies some 550m to the north east of the junction with Glencruitten Road at the Rare Breeds Park and some 200m from the existing fire damaged former dwellinghouse known as Barran Calltunn. This section of the Glen, between the Rare Breeds Park and Barran Calltunn has a fair level of development, including agricultural buildings, three dwellinghouses (additional one consented) and the Rare Breeds Park development. The site comprises a fairly level area of ground with a small raised area near the centre of the site which will require to be levelled as part of the proposals. On either side of the site lies raised ground which will provide natural screening of the proposed house. The settlement pattern of the general area is based historically on farming and crofting. There are two main farm clusters in the glen, being Ardconnel and Ardchonnel, both located along the

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roadside. Crofting has also helped to determine the pattern of development in the area, resulting in a scattered development throughout the glen, which utilises the topography for shelter. As discussed there are primarily two patterns of development in the glen, well-spaced roadside development and irregularly spaced, scattered development away from the roadside, throughout the glen. In order to integrate small scale development successfully into this glen, careful consideration must be given to maintaining the low density nature of development and maintaining the irregular spacing between development, whilst ensuring that development is integrated visually into the landscape through the use of the topography. The development of a house on this site is reflective of the roadside settlement pattern, would maintain the low density scale of development in the area and would maintain adequate separation distances between the other roadside development. It is therefore considered that a new house on this site could be successfully integrated into the landscape and would not have an adverse impact on the landscape quality or any key environmental features within this area.

Other Material Considerations

(D) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING

As no letters of representations received regarding the proposal, it is considered that no hearing is required.

(E) JUSTIFICATION FOR MINOR DEPARTURE

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(F ) CONCLUSION • The proposal is considered to represent a minor justified departure from Policy HO 25 of the adopted Lorn Local Plan.

• The proposal is consistent with Policies STRAT DC 4 and H 1 of the draft Argyll and Bute Local Plan and Planning Advice Note 36.

Angus J Gilmour Head of Planning

Contact: Susan Poole 01631 567956

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01952/OUT

Reason: In the interests of public health in order to ensure adequate foul drainage arrangements to serve the development and to avoid a proliferation of individual septic tanks.

6. Any details pursuant to Condition 1(a) above shall show full details of the positioning of the house on the site. Such details shall show a minimum of two sections through the site from the rear boundary of the site to the edge of the public road, in a north west to south east direction, showing the existing and proposed ground levels and the finished floor level of the proposed dwellinghouse.

Reason: In the interests of visual amenity in order to ensure the site is sufficiently levelled to integrate the proposal into the landscape setting and to avoid excessive underbuilding.

7. Any details pursuant to Condition 1(d) above shall show full details of the proposed water supply to serve the development. Such details, prepared by a suitably qualified individual, in consultation with the Council’s Environmental Health Unit, shall show the location of the proposed water supply and shall provide full details of the quantity and quality of the water supply to be used.

Reason: In the interests of public health in order provide for an adequate water supply to serve the development.

8. Any details pursuant to Condition 1(b) above shall show a scheme of hard and soft landscaping work. Such details shall include:

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

Cont.

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9. Any details pursuant to Condition 1(c) above shall show the new vehicular access to serve the site being designed in accordance with the Council’s Road Services Drawing No. NA/32/05/2a. Prior to the commencement of works on the construction of the dwellinghouse hereby approved, the access shall be formed in accordance with the approved details and visibility splays of 90m in each direction, measured from a point 2.4m back from the edge of the public road along the centreline of the access, shall be cleared of all obstructions to driver visibility over a height of 1.05m above the level of the adjacent carriageway. Thereafter, the approved visibility splays shall be kept clear of any obstructions to driver visibility above a height of 1.05m in perpetuity. Reason: In the interests of road safety.

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APPENDIX RELATIVE TO 04/01952/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

Adopted Lorn Local Plan

HO 25 All proposals within the Oban Catchment Area will be assessed using the following criteria:

Draft Argyll and Bute Local Plan

STRAT DC 4 See Structure Plan Policy STRAT DC 4 above.

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Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None specific to this site.

(ii) Consultations

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 11.11.04

Representations : None received

Name Address Letter dated

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This page is intentionally left blank Page 161 Page 162 Page 163 Agenda Item 5o Page 164

This page is intentionally left blank Page 165 Agenda Item 5p

Generally about Asset Management (quick introduction)

Please be aware that prior to any decisions being made about individual Assets, there requires to be a process to discuss the current use and longer-term future use of an asset, with the holding department(s), to establish what their functional requirements are. IF the holding department declare the Asset as surplus, then we would need to consider the alternative uses, or options for the asset within the Council, such as other departments, establishing its primary use, shared uses, community, potential for sharing use and so on.

Rationalisation of assets is a current theme and an investigation would be required into the asset- space allocation, shared use, range and provision of services by the asset, alternatives solutions, specific benefits, business case information, etc. This is simply to give you an indication of the type of activity required to be done prior to disposal / sale of an asset. Please do not mis- interpret this as being negative or blocking, simply that we have to ensure that we are professional and prudent about the Councils Assets to ensure best practice and take a wider more strategic view of Assets

However if the best decision was to sell an asset then we would support that decision based upon the information gained through the investigations. We are also in the business of driving improvements and efficiency in asset performance so be assured that the positive thoughts taken from the email are shared by Asset Management.

I hope this is helpful

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This page is intentionally left blank PROPERTY TOWN STREET DEPARTMENT COMMENTS ACHALEVEN PRIMARY SCHOOL ACHALEVEN ACHALEVEN EDUCATION APPIN BRIDGE APPIN APPIN T & P.S. - STRATH OF APPIN PRIMARY SCHOOL APPIN APPIN EDUCATION APPIN VILLAGE HALL APPIN APPIN EDUCATION APPIN CEMETERY APPIN PORT NA CROISH D.E.S. - AMENITY SERVICES APPIN T & P.S. - DEPOT APPIN PORTNACROISH T & P.S. - COMM SERVICES APPIN T & P.S. - DEPOT APPIN PORTNACROISH T & P.S. - COMM SERVICES NOT IN USE REGISTRAR'S OFFICE - FORMER ARINAGOUR ARINAGOUR C & L. S. - CORP SERVICES ARINAGOUR PRIMARY SCHOOL ARINAGOUR ARINAGOUR EDUCATION ARINAGOUR SCHOOLHOUSE ARINAGOUR ARINAGOUR EDUCATION ARINAGOUR OLD PIER ARINAGOUR MAIN STREET T & P.S. - TRANS SERVICES SALEN PRIMARY SCHOOL AROS SALEN EDUCATION SALEN ADULT TRAINING CENTRE AROS SALEN H & S.W. - MULL RESOURCE CENTRE DUNAROS H.F.E. AROS SALEN H & S.W. - SOCIAL WORK SALEN T & P.S. - DEPOT AROS SALEN T & P.S. - COMM SERVICES NOT IN USE SALEN T & P.S. - DEPOT AROS SALEN T & P.S. - COMM SERVICES OLD SCHOOLHOUSE FLAT AROS SALEN EDUCATION BRIDGE OF ORCHY CARPARK B of ORCHY BRIDGE OF ORCHY T & P.S. - TRANS SERVICES BALEMARTINE SCHOOLHOUSE BALEMARTINE BALEMARTINE EDUCATION SOLD BALEMARTINE SCHOOLHOUSE BALEMARTINE BALEMARTINE EDUCATION SOLD

KILBRANDON CEMETERY BALVICAR BALVICAR D.E.S. - AMENITY SERVICES Page 167 BALVICAR WAR MEMORIAL BALVICAR BALVICAR D.E.S. - AMENITY SERVICES BARCALDINE PRIMARY SCHOOL BARCALDINE BARCALDINE EDUCATION BENDERLOCH SKIP SITE BENDERLOCH BENDERLOCH D.E.S. - AMENITY SERVICES CRAIGNEUK CEMETERY BENDERLOCH BENDERLOCH D.E.S. - AMENITY SERVICES ARDCHATTAN PRIMARY SCHOOL BONAWE ARDCHATTAN EDUCATION ARDCHATTAN SCHOOLHOUSE BONAWE ARDCHATTAN EDUCATION BRIDGE OF ORCHY PRIMARY SCHOOL BRIDGE OF ORCHY BRIDGE OF ORCHY EDUCATION BRIDGE OF ORCHY SCHOOLHOUSE BRIDGE OF ORCHY BRIDGE OF ORCHY EDUCATION BRIDGE OF ORCHY WATER SUPPLY BRIDGE OF ORCHY CARSAIG CEMETERY BUNESSAN D.E.S. - AMENITY SERVICES KILPATRICK CEMETERY BUNESSAN D.E.S. - AMENITY SERVICES PENNYGAEL-KILLUNAIG CEMETERY BUNESSAN D.E.S. - AMENITY SERVICES BUNESSAN WAR MEMORIAL BUNESSAN D.E.S. - AMENITY SERVICES BUNESSAN PRIMARY SCHOOL BUNESSAN BUNESSAN EDUCATION BUNESSAN CARPARK BUNESSAN BUNESSAN T & P.S. - TRANS SERVICES KILVICKEON CEMETERY BUNESSAN BUNESSAN D.E.S. - AMENITY SERVICES SUIE CEMETERY BUNESSAN BUNESSAN D.E.S. - AMENITY SERVICES BUNESSAN P.C. BUNESSAN BUNESSAN D.E.S. - AMENITY SERVICES KILFINICHEN CEMETERY BUNESSAN TIRORAN D.E.S. - AMENITY SERVICES ACHADAPHAIL QUARRY BUNESSAN COLL BOAT MOORINGS COLL T & P.S. - TRANS SERVICES BALLYHOUGH LANDING GROUND COLL COLL T & P.S. - TRANS SERVICES CROSSAPOL CEMETERY COLL CROSSAPOL D.E.S. - AMENITY SERVICES KILLUNAIG CEMETERY COLL CROSSAPOL D.E.S. - AMENITY SERVICES COLL FERRY P.C. COLL FERRY TERMINAL D.E.S. - AMENITY SERVICES ROAD YARD COLONSAY A870 SCALASAIG MACHRINS ROAD T & P.S. - COMM SERVICES KILCHATTAN CEMETERY COLONSAY COLONSAY D.E.S. - AMENITY SERVICES ORONSAY CEMETERY COLONSAY COLONSAY D.E.S. - AMENITY SERVICES TIREE PRIMARY SCHOOL CORNAIGMORE CORNAIGMORE EDUCATION PART OF TIREE HIGH TIREE HIGH SCHOOL CORNAIGMORE CORNAIGMORE EDUCATION CORNAIGMORE SCHOOLHOUSE 1 CORNAIGMORE CORNAIGMORE EDUCATION CORNAIGMORE SCHOOLHOUSE 3 CORNAIGMORE CORNAIGMORE EDUCATION CORNAIGMORE SCHOOLHOUSE 2 CORNAIGMORE CORNAIGMORE EDUCATION ORIBUN CEMETERY CRAIGNURE D.E.S. - AMENITY SERVICES CRAIGNURE WAR MEMORIAL CRAIGNURE D.E.S. - AMENITY SERVICES BALURE CEMETERY CRAIGNURE ARDURA D.E.S. - AMENITY SERVICES CRAIGNURE PIER CRAIGNURE CRAIGNURE T & P.S. - TRANS SERVICES CRAIGNURE CARPARK CRAIGNURE CRAIGNURE T & P.S. - TRANS SERVICES CRAIGNURE CARPARK CRAIGNURE CRAIGNURE T & P.S. - TRANS SERVICES CRAIGNURE P.C. CRAIGNURE FERRY TERMINAL D.E.S. - AMENITY SERVICES TOROSAY CEMETERY CRAIGNURE KILPATRICK D.E.S. - AMENITY SERVICES KILLEAN CEMETERY CRAIGNURE LOCHDON D.E.S. - AMENITY SERVICES KILPATRICK CEMETERY CRAIGNURE LOCHDON D.E.S. - AMENITY SERVICES CUAN FERRY CUAN FERRY CUAN FERRY T & P.S. - TRANS SERVICES SEABED AND FORESHORE CUAN FERRY SLIP (SEIL) CUAN FERRY CUAN FERRY T & P.S. - TRANS SERVICES FERRYMAN'S HOUSE 3 CUAN FERRY CUAN FERRY T & P.S. - TRANS SERVICES FERRY HOUSE 1 CUAN FERRY CUAN FERRY T & P.S. - TRANS SERVICES Page 168 FERRY HOUSE 2 CUAN FERRY CUAN FERRY T & P.S. - TRANS SERVICES DALAVICH PRIMARY SCHOOL - FORMER DALAVICH DALAVICH EDUCATION DALMALLY WAR MEMORIAL DALMALLY D.E.S. - AMENITY SERVICES ARDCHONNEL PRIMARY SCHOOL DALMALLY ARDCHONNEL EDUCATION ROADMAN'S HOUSE DALMALLY BRACKLEY T & P.S. - COMM SERVICES DALMALLY PRIMARY SCHOOL DALMALLY DALMALLY EDUCATION DALMALLY T & P.S. - DEPOT DALMALLY DALMALLY T & P.S. - COMM SERVICES DALMALLY T & P.S. - DEPOT DALMALLY DALMALLY T & P.S. - COMM SERVICES NOT IN USE GLENORCHY CEMETERY DALMALLY DALMALLY D.E.S. - AMENITY SERVICES INNISHAIL ISLAND CEMETERY DALMALLY DALMALLY D.E.S. - AMENITY SERVICES CALGARY CEMETERY DERVAIG CALGARY D.E.S. - AMENITY SERVICES CALGARY P.C. DERVAIG CALGARY D.E.S. - AMENITY SERVICES DERVAIG PRIMARY SCHOOL DERVAIG DERVAIG EDUCATION KILMORE CEMETERY DERVAIG DERVAIG D.E.S. - AMENITY SERVICES DERVAIG P.C. DERVAIG DERVAIG D.E.S. - AMENITY SERVICES DERVAIG ROAD CEMETERY DERVAIG DERVAIG ROAD D.E.S. - AMENITY SERVICES TRESHNISH CEMETERY DERVAIG KILMALUAIG D.E.S. - AMENITY SERVICES KILNINIAN CEMETERY DERVAIG TORLOISK D.E.S. - AMENITY SERVICES DUNBEG PLAYING FIELD DUNBEG D.E.S. - AMENITY SERVICES DUNBEG PRIMARY SCHOOL DUNBEG DUNBEG EDUCATION DUNBEG T & P.S. - DEPOT DUNBEG DUNBEG T & P.S. - COMM SERVICES DUNBEG SCHOOLHOUSE DUNBEG DUNBEG EDUCATION SHOP DUNBEG JANE ROAD H & S.W. - HOUSING DUNBEG T & P.S. - DEPOT - FORMER DUNBEG KIRK ROAD T & P.S. - COMM SERVICES NOT IN USE WORKSHOP DUNBEG KIRK ROAD CLACHAN SEIL WAR MEMORIAL EASDALE CLACHAN SEIL D.E.S. - AMENITY SERVICES ELLENABEICH CARPARK EASDALE EASDALE T & P.S. - TRANS SERVICES EASDALE P.C. EASDALE EASDALE D.E.S. - AMENITY SERVICES EASDALE PRIMARY SCHOOL EASDALE ELLENABEICH EDUCATION ELLENABEICH PIER EASDALE ELLENABEICH T & P.S. - TRANS SERVICES ELLENABEICH PIER EASDALE ELLENABEICH T & P.S. - TRANS SERVICES FERRY HOUSE EASDALE ISLAND EASDALE T & P.S. - TRANS SERVICES GLENCRERAN SCHOOLHOUSE-FORMER FASNACLOICH FASNACLOICH EDUCATION CREICH VILLAGE HALL FIONNPHORT CREICH EDUCATION FIONNPHORT CARPARK FIONNPHORT FIONNPHORT T & P.S. - TRANS SERVICES FIONNPHORT CEMETERY FIONNPHORT FIONNPHORT D.E.S. - AMENITY SERVICES FIONNPHORT P.C. FIONNPHORT FIONNPHORT D.E.S. - AMENITY SERVICES FIONNPHORT WAITING ROOM FIONNPHORT FIONNPHORT T & P.S. - FERRY HOUSE 2 FIONNPHORT FIONNPHORT T & P.S. - TRANS SERVICES FERRY HOUSE 1 FIONNPHORT FIONNPHORT T & P.S. - TRANS SERVICES KEILIGORAN CEMETERY FIONNPHORT IONA D.E.S. - AMENITY SERVICES IONA WAR MEMORIAL FIONNPHORT IONA D.E.S. - AMENITY SERVICES KIOSK FIONNPHORT D.E.S. - AMENITY SERVICES OLD SCHOOLHOUSE HEYLIPOL HEYLIPOL EDUCATION AN-TAIGH-SGOILE HEYLIPOL HEYLIPOL EDUCATION IONA PRIMARY SCHOOL IONA IONA EDUCATION IONA P.C. IONA IONA D.E.S. - AMENITY SERVICES IONA SCHOOLHOUSE IONA IONA EDUCATION KERRERA PRIMARY SCHOOL KERRERA KERRERA EDUCATION KERRERA SCHOOLHOUSE-FORMER KERRERA KERRERA EDUCATION

KILCHRENAN WAR MEMORIAL KILCHRENAN D.E.S. - AMENITY SERVICES Page 169 DALAVICH CEMETERY KILCHRENAN DALAVICH D.E.S. - AMENITY SERVICES KILCHRENAN VILLAGE HALL KILCHRENAN KILCHRENAN EDUCATION KILCHRENAN PRIMARY SCHOOL KILCHRENAN KILCHRENAN EDUCATION KILCHRENAN CEMETERY KILCHRENAN KILCHRENAN D.E.S. - AMENITY SERVICES KILCHRENAN SCHOOLHOUSE KILCHRENAN KILCHRENAN EDUCATION INNISHERRICH CEMETERY KILCHRENAN PORTINNISHERRICH D.E.S. - AMENITY SERVICES KILNINVER & KILMELFORD C.C. KILMELFORD CULFAIL COTTAGE H & S.W. - HOUSING KILMELFORD-CUILFAIL CEMETERY KILMELFORD KILMELFORD D.E.S. - AMENITY SERVICES KILMELFORD WAR MEMORIAL KILMELFORD KILMELFORD D.E.S. - AMENITY SERVICES KILMORE CEMETERY KILMORE KILMORE D.E.S. - AMENITY SERVICES KILBRIDE-LERAIGS CEMETERY KILMORE KILNINVER D.E.S. - AMENITY SERVICES KILNINVER CEMETERY KILNINVER D.E.S. - AMENITY SERVICES KILNINVER PRIMARY SCHOOL KILNINVER KILNINVER EDUCATION LOCHNELL PRIMARY SCHOOL LEDAIG BENDERLOCH EDUCATION ACHNACROISH PIER LISMORE ACHNACROISH T & P.S. - TRANS SERVICES LISMORE CEMETERY LISMORE CLACHAN D.E.S. - AMENITY SERVICES LISMORE WAR MEMORIAL LISMORE CLACHAN D.E.S. - AMENITY SERVICES LISMORE PRIMARY SCHOOL LISMORE LISMORE EDUCATION LISMORE FERRY TERMINAL LISMORE LISMORE T & P.S. - TRANS SERVICES LISMORE PIER P.C. LISMORE LISMORE D.E.S. - AMENITY SERVICES LISMORE PRIMARY SCHOOLHOUSE LISMORE LISMORE EDUCATION SEWAGE WORKS LOCH AWE DELETE LOCH AWE WAR MEMORIAL LOCH AWE D.E.S. - AMENITY SERVICES LOCHDONHEAD SCHOOLHOUSE LOCHDON LOCHDON EDUCATION SOLD LOCHDONHEAD PRIMARY SCHOOL LOCHDON LOCHDONHEAD EDUCATION KILCHATTAN CEMETERY LUING D.E.S. - AMENITY SERVICES CULLIPOOL PORTALOO LUING D.E.S. - AMENITY SERVICES LUING WAR MEMORIAL LUING D.E.S. - AMENITY SERVICES CUAN FERRY P.C. LUING CUAN FERRY D.E.S. - AMENITY SERVICES LUING PRIMARY SCHOOL LUING LUING EDUCATION LUING FERRY SLIP LUING LUING T & P.S. - TRANS SERVICES GLENFORSA AIRFIELD GRAZING MULL T & P.S. - TRANS SERVICES NORTH CONNEL PLAY AREA NORTH CONNEL D.E.S. - AMENITY SERVICES NORTH CONNEL T & P.S. - DEPOT NORTH CONNEL NORTH CONNEL T & P.S. - COMM SERVICES ACHNABA CEMETERY NORTH CONNEL NORTH CONNEL D.E.S. - AMENITY SERVICES CONNEL AIRFIELD - SITE - T.L.C NORTH CONNEL NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD NORTH CONNEL SOUTH LEDAIG T & P.S. - TRANS SERVICES CONNEL AIRFIELD - GROUND NORTH CONNEL SOUTH LEDAIG T & P.S. - TRANS SERVICES CONNEL AIRFIELD NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL SPORTS FIELD NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD - GROUND NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD - GROUND NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD GROUND NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD - SITE - 34 LORA VIEW NORTH CONNEL T & P.S. - TRANS SERVICES CONNEL AIRFIELD - GROUND NORTH CONNEL T & P.S. - TRANS SERVICES DALRIACH PUTTING GREEN OBAN D.E.S. - AMENITY SERVICES SOROBA BRIDGE OBAN T & P.S. - Page 170 DALINTART FARM OBAN D.E.S. - SOROBA ROAD CEMETERY OBAN D.E.S. - AMENITY SERVICES NOTICE BOARDS OBAN T & P.S. - MAINTENANCE SERVICES STATION PARK OBAN D.E.S. - AMENITY SERVICES OBAN WAR MEMORIAL OBAN D.E.S. - AMENITY SERVICES ASET OFFICE OBAN 12 HIGH STREET H & S.W. - SOCIAL WORK LEASED TO A&B COUNCIL AN COMMUN GAIDHEALACH OBAN ALBANY STREET D.E.S. - WRVS BUILDING OBAN ALBANY STREET INCLUDED IN MUNICIPAL BUILDIN AREA REGISTRATION OFFICE - LORNE HS OBAN ALBANY STREET C & L.S. - CORP SERVICES OBAN DISTRICT OFFICE OBAN ALBANY STREET C & L.S. - CORP SERVICES ALBANY STREET CARPARK OBAN ALBANY STREET T & P.S. - TRANS SERVICES ARGYLL SQUARE GARDENS OBAN ARGYLL SQUARE D.E.S. - AMENITY SERVICES ARGYLL CARERS OBAN ARGYLL SQUARE T & P.S. - BRANSON PARK TOILETS OBAN BRANSON PARK D.E.S. - AMENITY SERVICES CLOSED PENNYFUIR CEMETERY OBAN CONNEL ROAD D.E.S. - AMENITY SERVICES OBAN TIMES SLIP OBAN CORRAN ESPLANADE T & P.S. - CORRAN HALL OBAN CORRAN ESPLANADE D.E.S. - AMENITY SERVICES CORRAN HALLS LIBRARY OBAN CORRAN ESPLANADE D.E.S. - AMENITY SERVICES INCLUDED IN CORRAN HALLS VA CORRAN HALLS CARPARK OBAN CORRAN ESPLANADE D.E.S. - ESPLANADE GARDENS OBAN CORRAN ESPLANADE D.E.S. - AMENITY SERVICES CORRAN ESPLANADE P.C. OBAN CORRAN ESPLANADE D.E.S. - AMENITY SERVICES CORRAN HALLS RESTAURANT OBAN CORRAN ESPLANADE D.E.S. - AMENITY SERVICES CRANNAIG VIEW POINT OBAN CRANNAIG A MHINISTER D.E.S. - AMENITY SERVICES SMALL USER SITE 1 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 2 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 3 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 4 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 5 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 6 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 7 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 8 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 9 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 10 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 11 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 12 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 13 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 14 OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 15A OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 15B OBAN CRANNOG LANE D.E.S. - ECONOMIC DEV OUTBUILDINGS & GRAZINGS OBAN DALINTART GLENCRUITTEN HOSTEL OBAN DALINTART DRIVE EDUCATION OBAN SWIMMING POOL OBAN DALRIACH ROAD D.E.S. - AMENITY SERVICES TENNIS COURT OBAN DALRIOCH ROAD EADER GLINN HOME FOR THE ELDERLY OBAN DRUMMORE ROAD H & S.W. - SOCIAL WORK EADER GLINN H.F.E., FLAT OBAN DRUMMORE ROAD H & S.W. - SOCIAL WORK MCCAIGS TOWER OBAN DUNCRAGGAN ROAD D.E.S. - AMENITY SERVICES SCOTTISH SUB ACQUA CLUB OBAN DUNGALLON D.E.S. - AMENITY SERVICES ESPLANADE P.C. OBAN ESPLANADE D.E.S. - AMENITY SERVICES KILBOWIE HOUSE OBAN GALLANACH ROAD T & P.S. - KILBOWIE HOUSE OBAN GALLANACH ROAD T & P.S. -

ALMA CRESECENT GARDENS OBAN GALLANACH ROAD D.E.S. - AMENITY SERVICES Page 171 DUNGALLON GARDENS OBAN GALLANACH ROAD D.E.S. - AMENITY SERVICES SOUTH PIER GARDEN AREA OBAN GALLANACH ROAD D.E.S. - AMENITY SERVICES GALLANACH ROAD P.C. OBAN GALLANACH ROAD D.E.S. - AMENITY SERVICES CLOSED PORT BEAG SLIP OBAN GALLANACH ROAD T & P.S. - TRANS SERVICES SOUTH PIER HOUSE - FORMER - RNLI OBAN GALLANACH ROAD T & P.S. - TRANS SERVICES GANAVAN PARK P.C. OBAN GANAVAN PARK D.E.S. - AMENITY SERVICES GANAVAN ROAD WAR MEMORIAL OBAN GANAVAN ROAD D.E.S. - AMENITY SERVICES CARAVAN PARK OBAN GANAVAN SANDS D.E.S. - AMENITY SERVICES SOLD GLENCRUITTEN SPORTS AREA OBAN GLENCRUITTEN D.E.S. - AMENITY SERVICES MOSSFIELD PARK CHANGING ROOMS OBAN GLENCRUITTEN ROAD D.E.S. - AMENITY SERVICES MOSSFIELD PARK STADIUM OBAN GLENCRUITTEN ROAD D.E.S. - AMENITY SERVICES PARK PRIMARY SCHOOL OBAN KERRERA TERRACE EDUCATION LEDAIG TRAV PERSONS SITE OBAN LEDAIG H & S.W. - HOUSING LOCHAVULLIN PAVILION OBAN LOCHAVULLIN ROAD D.E.S. - AMENITY SERVICES LOCHAVULLIN PLAYING FIELDS OBAN LOCHAVULLIN ROAD D.E.S. - AMENITY SERVICES COMMUNITY SERVICE ORDER - OBAN OBAN LOCHAVULLIN ROAD H & S.W. - SOCIAL WORK LEASED TO A&B COUNCIL LOCHAVULLIN CARPARK OBAN LOCHSIDE STREET T & P.S. - TRANS SERVICES 13/15 LOCHSIDE STREET OBAN LOCHSIDE STREET D.E.S. - ECONOMIC DEV SOLD LOCHSIDE ST P.C. OBAN LOCHSIDE STREET D.E.S. - AMENITY SERVICES CLOSED 29 LOCHSIDE STREET OBAN LOCHSIDE STREET D.E.S. - ECONOMIC DEV LONAN DRIVE SHELTER OBAN LONAN DRIVE T & P.S. - TRANS SERVICES LONGSDALE ROAD CARPARK OBAN LONGSDALE ROAD T & P.S. - TRANS SERVICES MARKET STREET CARPARK OBAN MARKET STREET T & P.S. - TRANS SERVICES SMALL USER SITE 7 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 1 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 2A OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 2B OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 3 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 4 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 5 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 6 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 8 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 9 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 10 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 11 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 12 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 13 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 14 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 15 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 16 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 17 OBAN MILL LANE D.E.S. - ECONOMIC DEV SMALL USER SITE 1 OBAN MILLPARK D.E.S. - ECONOMIC DEV SMALL USER SITE 2 OBAN MILLPARK D.E.S. - ECONOMIC DEV SMALL USER SITE 3 OBAN MILLPARK D.E.S. - ECONOMIC DEV SMALL USER SITE 4 OBAN MILLPARK D.E.S. - ECONOMIC DEV SMALL USER SITE 5 OBAN MILLPARK D.E.S. - ECONOMIC DEV JACKSON QUARRY T & P.S. - DEPOT OBAN MILLPARK ROAD T & P.S. - COMM SERVICES NOT IN USE Page 172 JACKSON QUARRY T & P.S. - DEPOT OBAN MILLPARK ROAD T & P.S. - COMM SERVICES MILLPARK DISTRICT DEPOT OBAN MILLPARK TERRACE D.E.S. - AMENITY SERVICES MOSSFIELD P.C. OBAN MOSSFIELD D.E.S. - AMENITY SERVICES CONSUMER ADVICE & ENFORCEMENT OFF. OBAN NORTH PIER D.E.S. - PROTECT SERVICES DAY CARE CENTRE OBAN NORTH PIER H & S.W. - SOCIAL WORK WAITING ROOM, NORTH PIER BUILDINGS OBAN NORTH PIER T & P.S. - TRANS SERVICES DEMOLISHED NORTH PIER CARPARK OBAN NORTH PIER T & P.S. - TRANS SERVICES NORTH PIER P.C. OBAN NORTH PIER D.E.S. - AMENITY SERVICES DEMOLISHED NORTH PIER BUILDINGS, UNIT 1 OBAN NORTH PIER T & P.S. - TRANS SERVICES DEMOLISHED NORTH PIER BUILDINGS, UNIT 4 OBAN NORTH PIER T & P.S. - TRANS SERVICES DEMOLISHED NORTH PIER BUILDINGS, UNIT 2 OBAN NORTH PIER T & P.S. - TRANS SERVICES DEMOLISHED NORTH PIER BUILDINGS, UNIT 5 OBAN NORTH PIER T & P.S. - TRANS SERVICES NORTH PIER BUILDINGS, TOILETS OBAN NORTH PIER T & P.S. - TRANS SERVICES NORTH PIER OBAN NORTH PIER T & P.S. - TRANS SERVICES NORTH PIER BUILDINGS UNIT 3 OBAN NORTH PIER T & P.S. - TRANS SERVICES DEMOLISHED MOLEIGH TIP OBAN OBAN D.E.S. - AMENITY SERVICES PENNYFUIR P.C. OBAN PENNYFUIR D.E.S. - AMENITY SERVICES PULPIT HILL GARDENS OBAN PULPIT HILL D.E.S. - AMENITY SERVICES PULPIT HILL P.C. OBAN PULPIT HILL D.E.S. - AMENITY SERVICES ROCKFIELD PRIMARY SCHOOL OBAN ROCKFIELD ROAD EDUCATION SOROBA YOUNG FAMILY GROUP OBAN SCALPAY TERRACE T & P.S. - KERRERA LODGE - HAVEN HS ASS OBAN SHORE STREET H & S.W. - SOCIAL WORK SHORE STREET HUT OBAN SHORE STREET D.E.S. - AMENITY SERVICES GLENBURN OBAN SOROBA T & P.S. - SOLD ST COLUMBA'S PRIMARY SCHOOL OBAN SOROBA EDUCATION SOROBA ESTATE PLAY EQUIP OBAN SOROBA ESTATE D.E.S. - AMENITY SERVICES TVEI UNIT, DRUMMORE SCHOOL OBAN SOROBA ROAD EDUCATION DRUMMORE HOSTEL OBAN SOROBA ROAD EDUCATION OBAN HIGH SCHOOL OBAN SOROBA ROAD EDUCATION DRUMMORE SCHOOL OBAN SOROBA ROAD EDUCATION WILLOWVIEW COTTAGE OBAN SOROBA ROAD H & S.W. - SOCIAL WORK A.K.A. SHELLACH VIEW? LORN RESOURCE CENTRE OBAN SOROBA ROAD H & S.W. - SOCIAL WORK T.A. & V.R. CENTRE, OBAN HIGH SCH. OBAN SOROBA ROAD EDUCATION WILLOWVIEW COTTAGE, BUNGALOW OBAN SOROBA ROAD H & S.W. - DRUMMORE SCHOOL, FLAT OBAN SOROBA ROAD EDUCATION FLORIST OBAN STEVENSON STREET EDUCATION FLORIST JACOBS LADDER OBAN TWEADALE STREET D.E.S. - AMENITY SERVICES TWEEDDALE STREET CARPARK OBAN TWEEDDALE STREET T & P.S. - TRANS SERVICES SNACK BAR SITE - NORTH PIER OBAN T & P.S. - TRANS SERVICES SNACK BAR SITE - McCAIGS TOWER OBAN T & P.S. - SNACK BAR SITE - CORRAN HALLS OBAN T & P.S. - TRANS SERVICES PENNYGHAEL COMMUNITY HALL PENNYGHAEL PENNYGHAEL EDUCATION FERRYMAN'S HOUSE PORT APPIN FERRY COTTAGES T & P.S. - TRANS SERVICES PORT APPIN JETTY PORT APPIN PORT APPIN T & P.S. - TRANS SERVICES PORT APPIN P.C. PORT APPIN PORT APPIN D.E.S. - AMENITY SERVICES FORMER PORT APPIN SLIP PORT APPIN THE PIER T & P.S. - TRANS SERVICES RUAIG SCHOOLHOUSE RUAIG RUAIG EDUCATION SOLD BALURE, LOCHBUIE CEMETERY SALEN D.E.S. - AMENITY SERVICES INCH KENNETH ISLAND CEMETERY SALEN D.E.S. - AMENITY SERVICES LEDAIG-LAGGAN CEMETERY SALEN D.E.S. - AMENITY SERVICES

SALEN WAR MEMORIAL SALEN D.E.S. - AMENITY SERVICES Page 173 KILINALIN CEMETERY SALEN AROS D.E.S. - AMENITY SERVICES PENNYGOWAN CEMETERY SALEN GLENFORSA D.E.S. - AMENITY SERVICES GOEMTRA ISLAND CEMETERY SALEN GOEMTRA D.E.S. - AMENITY SERVICES KNOCK CEMETERY SALEN GRULINE D.E.S. - AMENITY SERVICES SALEN P.C. SALEN SALEN D.E.S. - AMENITY SERVICES SALEN BAY BOAT MOORINGS SALEN SALEN BAY T & P.S. - TRANS SERVICES ULVA CEMETERY SALEN ULVA D.E.S. - AMENITY SERVICES ULVA FERRY P.C. SALEN ULVA D.E.S. - AMENITY SERVICES TIREE H & S.W. - OFFICE - PROP. SCARINISH CROSSAPOL H & S.W. - TIGH-AN-RUDHA HOME FOR THE ELDERLY SCARINISH SCARINISH H & S.W. - SOCIAL WORK T & P.S. - - STORE SCARINISH SCARINISH T & P.S. - COMM SERVICES TIGH-AN-RUDHA H.F.E., HOUSE SCARINISH SCARINISH H & S.W. - SOCIAL WORK OLD SCHOOLHOUSE SCARINISH SCARINISH EDUCATION SCARNISH SCHOOLHOUSE SCARINISH SCARINISH EDUCATION TAYNUILT PORTALOO TAYNUILT D.E.S. - AMENITY SERVICES TAYNUILT WAR MEMORIAL TAYNUILT D.E.S. - AMENITY SERVICES TAYNUILT T & P.S. - DEPOT - FORMER TAYNUILT BLACKMILL T & P.S. - COMM SERVICES NOT IN USE TAYNUILT T & P.S. - DEPOT TAYNUILT BLACKMILL T & P.S. - COMM SERVICES TAYNUILT CEMETERY TAYNUILT MUCKAIRN D.E.S. - AMENITY SERVICES TAYNUILT PRIMARY SCHOOL TAYNUILT TAYNUILT EDUCATION TAYNULT ACHLONAN H & S.W. - HOUSING TIREE DEPOT TIREE T & P.S. - COMM SERVICES SOROBAY CEMETERY TIREE BALEMARTIN D.E.S. - AMENITY SERVICES CLADBHEAG CEMETERY TIREE KIRKAPOL D.E.S. - AMENITY SERVICES KIRKAPOL CEMETERY TIREE KIRKAPOL D.E.S. - AMENITY SERVICES TIREE DISTRICT OFFICE TIREE SCARANISH C & L.S. - CORP SERVICES SCARANISH P.C. TIREE SCARANISH D.E.S. - AMENITY SERVICES GOTT COUP TIREE D.E.S. - AMENITY SERVICES TOBERMORY REFUSE TIP - GLENGORM TOBERMORY D.E.S. - AMENITY SERVICES GLENGORM TOBERMORY FOUNTAIN TOBERMORY T & P.S. - MAINTENANCE SERVICES TOBERMORY PRIMARY SCHOOL-FORMER TOBERMORY BACK BRAE EDUCATION TOBERMORY PRIMARY SCHOOL TOBERMORY BACK BRAE EDUCATION PART OF TOBERMORY HIGH TOBERMORY HIGH SCHOOL TOBERMORY BACK BRAE EDUCATION CROFT LAND TOBERMORY BAYDOWN TOBERMORY LIBRARY TOBERMORY BREADALBANE STREET D.E.S. - AMENITY SERVICES INCLUDED IN DISTRICT OFFICE VA AREA H & S.W. - OFFICE TOBERMORY BREADALBANE STREET H & S.W. - TOBERMORY DISTRICT OFFICE TOBERMORY BREADALBANE STREET C & L.S. - CORP SERVICES TOBERMORY DISTRICT DEPOT TOBERMORY BREADALBANE STREET T & P.S. - COUNTY BUILDINGS, UPPER FLAT TOBERMORY BREADALBANE STREET EDUCATION COUNTY BUILDINGS, GROUND FLAT TOBERMORY BREADALBANE STREET EDUCATION TOBERMORY SCHOOL FLAT U/F TOBERMORY BREADALBANE STREET EDUCATION TOBERMORY SCHOOL FLAT G/F TOBERMORY BREADALBANE STREET EDUCATION SMALL USER SITE 1 TOBERMORY CNOC-AN-SGILLIN D.E.S. - ECONOMIC DEV SMALL USER SITE 2 TOBERMORY CNOC-AN-SGILLIN D.E.S. - ECONOMIC DEV SMALL USER SITE 3 TOBERMORY CNOC-AN-SGILLIN D.E.S. - ECONOMIC DEV TOBERMORY CEMETERY TOBERMORY DERVAIG ROAD D.E.S. - AMENITY SERVICES DERVAIG ROAD WAR MEMORIAL TOBERMORY DERVAIG ROAD D.E.S. - AMENITY SERVICES Page 174 ERRAY ROAD DISTRICT DEPOT TOBERMORY ERRAY ROAD D.E.S. - AMENITY SERVICES LEDAIG T & P.S. - DEPOT - FORMER TOBERMORY LEDAIG T & P.S. - COMM SERVICES TOBERMORY CLOCK TOWER TOBERMORY MAIN STREET T & P.S. - MAINTENANCE SERVICES TOBERMORY P.C. TOBERMORY MAIN STREET D.E.S. - AMENITY SERVICES PORT A CHOIT DISTRICT DEPOT TOBERMORY PORT A CHOIT T & P.S. - OLD SLAUGHTERHOUSE TOBERMORY RUARIGAN D.E.S. - TOBERMORY T & P.S. - DEPOT TOBERMORY SALEN ROAD T & P.S. - COMM SERVICES FOOTBALL PARK TOBERMORY STRONGARBH D.E.S. - AMENITY SERVICES LEDAIG CARPARK TOBERMORY TOBERMORY T & P.S. - TRANS SERVICES TOBERMORY BAY BOAT MOORINGS TOBERMORY TOBERMORY BAY T & P.S. - TRANS SERVICES ULVA PRIMARY SCHOOL ULVA FERRY ULVA FERRY EDUCATION ULVA FERRY SCHOOLHOUSE ULVA FERRY ULVA FERRY EDUCATION SOLD Page 175 Agenda Item 6a

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES WEDNESDAY 8 DECEMBER 2004

TRAFFIC CONGESTION ON A816 SOROBA ROAD OBAN

1. Summary

This report considers measures to reduce traffic congestion on the A816 Soroba Road, Oban.

2. Recommendations

2.1 That the Committee note the action taken to improve flows by changing traffic signal linings.

2.2 That the committee approve the use of funds from the parking surplus to convert the pelican crossings at Oban High School and Argyll Square to Puffin crossings.

3. Background

3.1 At its meeting on 7 July 2004 the Committee agreed that possible improvements to traffic signals to reduce congestion on the A816 be investigated to allow implementation to be carried out in conjunction with the upgrading of the signals at Soroba Road/Lynn Road to MOVA (microprocession optimised) by the developers of a home improvements store in Lochavullin. TRL were appointed to carry out the study and this report is based on their findings.

3.2 TRL investigated whether benefits could be obtained from linking the traffic signals at Lynn Road, Argyll Square, and possibly new signals at the Oban High School entrance. The conclusion was that there were too many variables between the locations to be confident of any benefits.

3.3 TRL used the OSCADY computer model to assess the junctions. This indicated that flows at Lynn Road could be improved by modifying the timings. Further improvements could be expected with the introduction of MOVA. At the time of writing, the traffic signal suppliers have been asked to change the timings in line with the TRL recommendations.

3.4 TRL also recommend changing the pedestrian control from Pelican to Puffin. Puffin crossings incorporate detections to ensure that there pedestrians waiting to cross and on crossing detectors to ensure that only the correct duration of “green man” time is given. This is likely to generally increase the green time available to vehicles while giving more time to pedestrians only when it is needed. Puffin crossings are recommended for Lynn Road and Argyll Square. Page 176

3.5 TRL say that it may be of benefit to signal control the A816 entry to Argyll Square. They also state however that because the through route cannot sensibly be modelled as a whole because of the minor delays throughout its length, that it is difficult to be confident that measures such as this will be effective.

4. Conclusion

4.1 Changes being made to signal timings at Lynn Road should bring some benefit particularly in the morning peak.

4.2 Conversion of pelican crossings to puffin crossings, at Lynn Road in conjunction with the upgrade to MOVA and at Argyll Square as a stand alone will bring further benefits. This is estimated to cost £25,000 and can be funded from the car parking surplus.

4.3 The pelican crossing at Combie Street should be retained as a pelican.

29 November 2004

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125

Page 177

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES WEDNESDAY 8 DECEMBER 2004

FLOODING IN DALINTART, OBAN

1. SUMMARY

This report advises members on how the flood prevention works in Dalintart are being implemented.

2. RECOMMENDATION

2.1 That members note the report

3. BACKGROUND

3.1 The Dalintart area of Oban has a history of flooding problems. As a result £105,000 has been included in this years Capital Programme for flood prevention works.

3.2 The flood prevention work in Dalintart is designed by Transportation Services in consultation with my staff. A trial hole has been dug to establish the permeability of soil below the top layer of peat. Works including the replacement of damaged land drain pipes, reprofiling of ditches and formation of new drains are being scheduled by Transportation Services and priced by Roads and Amenity Services. I anticipate that this work will start in January. I do not have detail of the full extent of the work and cannot therefore give a likely completion date.

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125 Page 178

This page is intentionally left blank Page 179 Agenda Item 6b

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES WEDNESDAY 8 DECEMBER 2004

FLOODING IN DALINTART, OBAN

1. SUMMARY

This report advises members on how the flood prevention works in Dalintart are being implemented.

2. RECOMMENDATION

2.1 That members note the report

3. BACKGROUND

3.1 The Dalintart area of Oban has a history of flooding problems. As a result £105,000 has been included in this years Capital Programme for flood prevention works.

3.2 The flood prevention work in Dalintart is designed by Transportation Services in consultation with my staff. A trial hole has been dug to establish the permeability of soil below the top layer of peat. Works including the replacement of damaged land drain pipes, re-profiling of ditches and formation of new drains are being scheduled by Transportation Services and priced by Roads and Amenity Services. I anticipate that this work will start in January. I do not have detail of the full extent of the work and cannot therefore give a likely completion date.

29 November 2004

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125 Page 180

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