Public Document Pack and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate Services Director: Nigel Stewart

Dalriada House, Lochnell Street, Lochgilphead, Argyll, PA31 8ST Tel: 01546 602177 Fax: 01546 604530

26 September 2006

NOTICE OF MEETING

A meeting of the MID ARGYLL & ISLAY AREA COMMITTEE will be held in the TOWN HALL, on WEDNESDAY, 4 OCTOBER 2006 at 10:00 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. RETIREMENT PRESENTATION TO BRIAN JOHN

4. MINUTES OF MEETING OF 6 SEPTEMBER 2006 (Pages 1 - 10)

5. MINUTES OF CIVIC GOVERNMENT HEARING OF 6 SEPTEMBER 2006 (Pages 11 - 12)

6. MINUTES OF ISLAY AND JURA AREA LIAISON GROUP OF 11 APRIL 2006 (Pages 13 - 16)

7. MINUTES OF MID ARGYLL PARTNERSHIP MEETING OF 22 AUGUST 2006 (Pages 17 - 24)

8. MINUTES OF KINTYRE INITIATIVE WORKING GROUP OF 28 AUGUST 2006 (Pages 25 - 30)

9. PUBLIC QUESTION TIME

10. HOMESTART PRESENTATION

11. PLANNING APPLICATIONS (Pages 31 - 60)

12. DELEGATED DECISIONS (Pages 61 - 76)

13. PROPOSED SITE OF SPECIAL SCIENTIFIC INTEREST AND SPECIAL PROTECTION AREA FOR BIRDS, THE OA, ISLE OF ISLAY (Pages 77 - 80)

14. REGIONAL TRANSPORT PARTNERSHIPS: PROJECT DEVELOPMENT (UPDATE) (Pages 81 - 88)

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

The appropriate paragraph is:-

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 15. ENFORCEMENT 04/00054/ENFOTH (Pages 89 - 92)

E1 16. ENFORCEMENT 04/00119/ENFOTH (Pages 93 - 98)

E1 17. TREE PRESERVATION ORDER (Pages 99 - 102)

MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE

Councillor Rory Colville Councillor Robin Currie Councillor John Findlay (Vice-Chair) Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpineCouncillor Alastair McKinlay (Chair) Councillor Bruce Robertson

Contact: Katie McKenzie: 01546 604511

Page 1 Agenda Item 4

MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the COUNCIL CHAMBERS, KILMORY, LOCHGILPHEAD on WEDNESDAY, 6 SEPTEMBER 2006

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor John Findlay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Donnie McLeod, Roads and Amenity Services Manager Richard Kerr, Senior Development Control Officer Felicity Kelly, Community Learning and Regeneration Manager Patrick Mackie, Area Environmental Health Manager Ann Muir, Team Leader, Community Care Audrey Martin, Senior Planning / Development Officer Catherine Dobbie, Area Integration Manager, FUSIONS, MAKI Jenny Carlile, Conservation Design Officer Chief Inspector Harry Millar, Strathclyde Police Inspector David Lavery, Strathclyde Police Superintendant Raymond Park, Strathclyde Police Donald Morrison, Area Service Manager, Scottish Ambulance Service Pat O’Mara, Head of Service, Patient Transport, Scottish Ambulance Service

URGENT ITEM

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that item 18, which was not specified in the Agenda, should be considered as a matter of urgency.

1. APOLOGIES

Apologies were received from Councillor Alison Hay.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. AMBULANCE SERVICE

Donald Morrison, the Area Service Manager for and Pat O’Hara, the Head of Service, Patient Transport from the Scottish Ambulance Service were introduced to the Committee. There followed a discussion about the ambulance service in the Mid Argyll, Kintyre and Islay area.

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It was asked why a shortage of ambulance staff in Campbeltown has led to the community receiving cover from the village of Tarbert - 37 miles away. Donald Morrison explained that there has been an increase in the out of hours activity and when staff are required to work the next day, the can book off with fatigue if they were called out the night before, thus requiring ambulance cover from elsewhere.

Councillor Kelly asked what cover there is when staff book off with fatigue. It was noted that there are no resources to cover this shortfall, and the ambulance service is currently in discussions with the Health Board and Ambulance Head Quarters for funding.

It was then asked if with the practice moving to NHS 24 might this result in unacceptable delays. It was noted that this is a primary care provision, and is the responsibility of the Health Board to put other resources in place. This is still being pursued with the Health Board as it may impact on 999 cover.

It was asked why all crews are not full time and it was explained that historically, the workload was greater in the cities but this has changed. Councillor Kelly stated that a change in the shifts was proposed by Campbeltown staff more than a year ago but nothing has happened. Donald Morrison explained that is because the proposal was to switch on call to through the day but this would not solve the problem, it was just switch it around. The problems are all down to cost. On call will not be eliminated in the short term, but it is hoped this could happen in the longer term. The ambulance service meets with the Health Board quarterly, and these issues are discussed.

Councillor MacMillan pointed out that the air ambulance has been landing in the front green in Lochgilphead since the 1970’s but with the new hospital now up and running and asked if there would be a helipad at the new hospital. It was reported that there is no update at the moment. When the hospital was being planned, the ambulance service submitted costings but the issue has never been resolved. Pat O’Mara will take this up with the Air Wing Manager.

Councillor Colville asked if part time firemen could be given extra training to aid the ambulance service and he asked if the nurse could call out the air ambulance, and if it could land in Carradale. It was noted that the ambulance service are in discussions with Strathclyde Fire and Rescue about using retained firemen but the fire staff have raised concerns which have not yet been resolved.

Councillor Colville then reported incidents when the air ambulance were called out in the case of child birth and no medical staff come with it, requiring mid- wives to travel to Glasgow and then make their own way home; this has resulted in no cover being available in Campbeltown. It was noted that the air ambulance service try to take escorts back, but they may have to go straight to another emergency. He also stated that the air ambulance is always crewed with at least one paramedic and it is a clinical decision whether or not the midwife goes. This is an issue for the Health Board, not the ambulance service.

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It was then asked what the joint working of ambulances being proposed between Inveraray and Arrochar would mean for Inveraray. How will it work? Was bad weather during the winter with the occasional road blockages between the two areas taken into account? Was there any consultation? Pat O’Mara stated that this is just a trial to try to increase cover and it will be monitored for any adverse impact. It is running from the end of July until the beginning of January so they experience both the summer traffic and the winter conditions and there will be consultation towards the end of the trial.

Donald Morrison and Pat O’Mara were thanked for coming along to the meeting and it was agreed to invite Ron Lilly to come to come to a future Area Committee to give a presentation on other aspects of the ambulance service.

4. MINUTES OF MEETING OF 2 AUGUST 2006

The minutes of the meeting of 2 August 2006 were approved.

5. MINUTES OF MEETING BETWEEN COUNCILLOR MACASKILL AND ISLAY AND JURA COMMUNITY ENTERPRISE OF 3 AUGUST 2006

The Committee considered the minutes of the meeting between Councillor Allan Macaskill and Islay and Jura Community Enterprise of 3 August 2006.

Decision

The Committee agreed to recommend to the Strategic Policy Committee that funding for Islay and Jura Community Enterprise be included in the budget process.

The Committee adjourned due to a fire alarm and reconvened when the matter had been resolved.

6. FUSIONS PRESENTATION

Catherine Dobbie gave an interesting and informative presentation on the work of FUSIONS.

Decision

The Committee thanked Catherine for her presentation and noted its contents.

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7. PLANNING APPLICATIONS

The Committee considered and dealt with the applications for planning permission as detailed below.

05/02536/DET M & K Macleod Ltd. Detailed. Erection of 5 terraced dwellinghouses and formation of a new vehicular access onto the A83. Land north of the walled garden, Achnaba, by Lochgilphead.

Decision

That planning permission be granted as a ‘minor departure’ to adopted development plan policy, subject to the standard conditions and reasons and the conditions and reasons set out in the report by the Head of Planning dated 16 August 2006.

(Reference – Report by Head of Planning dated 16 August 2006, submitted).

06/01237/DET Neill Colliss. Detailed. Formation of beer garden (retrospective), installation of oil tank to rear area, erection of timber fence on north boundary and proposed erection of 1.8m timber gate to side access. Victoria Hotel, Argyll Street, Lochgilphead.

Decision

That a temporary planning permission be granted for one year to allow monitoring of the development, subject to the conditions and reasons set out in the report by the Head of Planning dated 3 August 2006 and subject to Building Control checking fire risk issues associated with gas canisters in the vicinity.

(Reference - Report by the Head of Planning dated 3 August 2006, submitted)

06/01430/OUT Mr. & Mrs. Graham. Outline. Erection of one dwellinghouse and installation of septic tank. Land South of Killmaluig, Barr Glen, Glenbarr by Tarbert.

Decision

That planning permission be granted subject to the standard outline planning conditions and to the conditions and reasons set out in the report by the Head of Planning dated 4 August 2006.

(Reference - Report by the Head of Planning dated 4 August 2006, submitted).

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06/01564/DET Mr and Mrs Blackburn. Detailed. Erection of domestic workshop / studio (retrospective). Rockbank, Glenburn Road, Ardrishaig.

Decision

That retrospective planning permission be granted subject to the condition and reason set out in the report by the Head of Planning dated 8 August 2006.

(Reference - Report by the Head of Planning dated 8 August 2006, submitted).

8. DELEGATED DECISIONS

The Committee noted the decisions issued by the Head of Planning dated 17 and 21 August 2006.

(Reference – Report by Head of Planning dated 17 and 21 August 2006, submitted).

9. POLICE ISSUES

Councillor McAlpine stated that he is concerned at the speed which police cars travel through villages at on their way to incidents and believes it is only a matter of time until this causes an accident. Chief Inspector Millar stated that the vehicles travel at speed when required to attend incident as quickly as possible but if Councillor McAlpine is concerned he can make a complaint which will be fully investigated.

Councillor McAlpine then asked why Reliance vans travel to Campbeltown every day and Chief Inspector Millar stated that they will be in attendance whenever court is being held incase someone should be remanded in custody.

Councillor MacMillan then stated that he had received some negative feedback about the new call handling system but Councillor Colville stated that he is delighted with the new system. Chief Inspector Millar said there had been some problems but the system is being monitored all the time and the majority of calls are being dealt with faster than ever before.

10. PUBLIC QUESTION TIME

The Chairman allowed issues relating to the Campbeltown / Ballycastle ferry and free personal care to be discussed.

Councillor Kelly stated that the current situation with the Campbeltown / Ballycastle ferry is that 2 companies are waiting to be invited to tender but the Irish side has still to be approved. It was agreed to ask Councillor Macaskill for feedback from David Cairns and to write to ministers asking for support on behalf of the Area Committee if no conclusion had been reached.

After discussions with Ann Muir regarding various issues it was agreed to request a report to a future meeting on Free Personal Care from the Director of Community Services.

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11. POWER OF SEIZURE OF VEHICLES (PART 10 ANTI-SOCIAL BEHAVIOUR ETC. (SCOTLAND) ACT 2004)

The Committee were informed of new powers the police have under Part 10 of the Anti-Social Behaviour etc. (Scotland) Act 2004) to seize vehicles causing anti-social behaviour.

Decision

The committee agreed to support the initiative.

12. CAMPBELTOWN PROPERTY OPTIONS - BURNETT BUILDING AND TOWN HALL

At the strategic Policy Committee meeting of 22 March 2006, Facility Services undertook to develop further options for the Burnett building, and to carry out a Public Consultation exercise with regard to the Council’s proposals.

The Committee were updated on progress with the development of the Burnett building and the Town Hall and on the CARS launch.

Decision

1. The Committee agreed to note the progress with the development of the Burnett building. 2. The Committee noted the CARS launch proposals.

(Reference – Report by Head of Facility Services dated 21 August 2006, and by Conservation Design Officer, submitted)

13. ALLOCATION OF CAPITAL RECEIPTS

The Committee were advised about capital receipts of £53,000 now available to the Area Committee for allocation.

Decision

The Committee agreed to allocate the available funds as follows:

Street Lighting Lochgilphead £6,000 Bowmore to Kilarrow House Footpath £5,000 Inveraray Arch and Railings £10,000 Old Quay Head Environmental Improvements £10,000 Flooding at Saddell £7,000 Security Cameras for Aqualibrium £5,000 Jura Pedestrian Ferry to Crinan £10,000

Total £53,000

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14. EDUCATION AND LEISURE DEVELOPMENT GRANTS

The Committee considered the allocation of the Education and Leisure Development Grants.

Decision

The Committee agreed the grants as follows, on the usual terms and conditions

ORGANISATION TOTAL TOTAL TOTAL GRANTED PROJECT REQUESTED LEISURE EDUCATION COST South Kintyre £39,000 £800 £800 Sports Council

Tarbert £3623 £823 £650 Conversation Initiative

Total £800 £650

(Reference – Report by Director of Community Services date September 2006, submitted).

The Committee adjourned for lunch and reconvened at 1.45pm.

15. LOCHFYNE COASTAL ZONE MANAGEMENT SCHEME

The Committee considered a report describing the current status of the Loch Fyne Integrated Coastal Zone Management (ICZM) Project.

Decision

The Committee agreed to note the report and that a further report will be placed before Members for their consideration upon completion of the draft ICZM plan for Loch Fyne which when adopted will be used as supplementary planning guidance.

(Reference – Report by Marine and Coastal Development Manager dated 7 August 2006, submitted).

Page 8

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

16. ENFORCEMENT UPDATE REPORT

The Committee considered a report detailing progress (in summary form) for every outstanding enforcement investigation, including received or closed investigations during the period January to June 2006, together with older outstanding cases.

Decision

The Committee agreed to note the contents of the report.

(Reference – Report by Head of Planning, submitted).

17. UNAUTHORISED HABITATION, LUNGA ESTATE, ARDFERN - REPORT TO FOLLOW

The committee considered the enforcement reports contained in the report by Head of Planning dated 15 August 2006.

Decision

The Committee agreed that enforcement action be taken under Section 179 of the Town and Country Planning (Scotland) Act 1997 in respect of each of thise sites listed in Appendix A to the report by Head of Planning dated 15 August 2006, in accordance with the circumstances outlined, the steps required and the timescale for compliance as specified in the Appendix.

(Reference – Report by Head of Planning dated 15 August 2006, submitted).

18. REVIEW OF PUBLIC CONVENIENCES

The Committee were updated on proposals to consider options for alternative or improved facilities with regard to public toilet provision.

Decision

The Committee noted the proposals.

(Reference – Report by Project Manager, Roads & Amenity Services dated 16 August 2006, submitted).

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19. SALE OF PORTNAHAVEN PRIMARY SCHOOL, PORTNAHAVEN, ISLAY

The Committee considered a report advising that that the person who had submitted the highest offer in respect of Portnahaven Primary when it was last advertised have withdrawn their offer due to ill health. In light of this withdrawal the second highest offerors were contacted however they have advised that they are no longer interested in acquiring the property.

Decision

The Committee agreed –

1. To instruct the Director of Corporate Services to re-advertise the property at the beginning of spring 2007. 2. To ask the Director of Corporate Services to report back to the Area Committee on the cost so far for the advertising of this property.

(Reference – Report by Director of Corporate Services dated 4 September 2006, tabled).

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ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in THE COUNCIL CHAMBERS, KILMORY on WEDNESDAY 6 SEPTEMBER 2006

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor Donald Kelly Councillor Donnie MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Sheila MacFadyen, Solicitor Inspector Lavery, Strathclyde Police

Applicant Stuart Doyle

1. APOLOGIES

Apologies were received from Councillors Findlay and Hay.`

2. CORPORATE SERVICES

Civic Government Hearing Hearing to consider application for Taxi Drivers Licence

Councillor McKinlay welcomed everyone to the Hearing and explained the procedure.

APPLICANT

Mr Doyle explained to the Committee that he had submitted his application on 10 July 2006. When filling in his application he was aware that he had previous convictions but did not realise they were still live. He stated that he made a mistake and was not trying to mislead anyone.

OBJECTOR

Inspector Lavery stated that when checking his application, Mr Doyle was found to have a speeding conviction. He was interviewed and subsequently admitted he had 2 convictions prior to this one. Inspector Lavery believes Mr Doyle was not trying to mislead anyone, but stated that when applying for a taxi licence, previous convictions must always be disclosed.

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COUNCILLORS QUESTIONS

Councillor McAlpine asked if the application form could be clearer to show that all previous convictions must be listed, even if they are spent, as this has happened before. It was agreed that this would be considered.

Councillor Currie then asked why Mr Doyle had only applied for a licence until 10pm and Mr Doyle explained that he already works full time, this would be a second job to him, although it was noted that hours of operation are not specified on taxi licences.

SUM UP

Inspector Lavery stated he had nothing more to add, he believes it was simply an oversight by the applicant.

Mr Doyle summed up by confirming it was an oversight on his part.

The applicant confirmed that he had received a fair hearing.

The Committee then had a short discussion.

DECISION

That the taxi licence be granted.

F:\moderngov\Data\AgendaItemDocs\0\6\4\AI00031460\MinutesSDoyleTaxiLicence0.doc Page 13 Agenda Item 6 Minutes of Islay and Jura Area Liaison Group Held at Bowmore Hall 11th April 2006

Present: David Ferrier, Angus Rice, John McGilivray, Len Powell, Jennifer Simpson. Robin Currie, Donnie McLeod, Jean Knowles, John Cameron, Sharon McHarrie

1. Apologies: Anne Clark, Marie-ann Brown, Willie McDonald, Alex Dunnachie, Sharon Hoverty, Freddie Bell, Dol-angaidh MacLennan, Deirdre Forysth, Yvonne Litster, Felicity Kelly

2. Minutes of previous meeting held on 30th November 2005 were approved.

3. Car Parking proposals in Bowmore – Donnie MacLeod, Roads and Amenity Services Manager outlined the new proposals to try to alleviate current parking problems in Bowmore. It is proposed that cars parking within the square area at the bottom of Main street would park ‘end-on’ with cars facing at right angles to the kerb, keeping a space in the middle enabling cars to turn around. The stoned kerb areas on Main Street would also be removed. Timed parking will be introduced in the bottom half of Main Street and the square during normal working hours. Signs will be erected directing traffic to use the ‘free’ parking in front of the school pitches. They are still looking at creating additional parking on open spaces within the village. Mr MacLeod has also approached Mundells (the bus company) to see if they could stagger their bus times to prevent two buses arriving at the same time and blocking the flow of traffic in Main Street, negotiations with them are still on-going. Signs will be erected on the disabled bay areas and a traffic management order has been applied for to enforce this. It is also hoped to make Hawthorn Lane a one-way street, with traffic only able to go from Shore Street to Jamieson Street. It is hoped that these new measure can be in place before the Summer.

Port Ellen – it is proposed that car parking is restricted to one side of the road only on Charlotte Street as there have been many problems with traffic parking on both sides.

4. Cal-Mac Timetables Summer 2007 – Everyone in the group was unanimous in the fact that the ‘shoulder’ time-table was no use. Due to a high volume of demand, the full summer timetable should be implemented from Easter to the end of October to cover all school holidays. There were no other concerns, all the members were happy with the proposed full summer timetable and winter timetable for 2007. The Scottish Executive have agreed that the tender bids will be based on the current summer time- table. A query was raised as to whether or not the new discount travel card would include ferry fares. Councillor Currie will find out more information on this.

4a. Port Askaig Pier – Work on the second phase is due to start before the Summer

1 Page 14 5. Council Reports – Donnie McLeod outlined the new refuse collection scheme. Due to legislation Argyll and Bute Council have to reduce the amount of waste going into their landfill site. In order to do this, they are proposing that all domestic waste collections are changed from weekly collections to fortnightly. All households will be provided with a brown wheelie bin for garden waste or a compost bin. Survival sacks will also be provided for re-cyclable waste and these will be collected along with the blue bins. 5a. Amenity Site at Port Ellen – As the site at Port Ellen is not manned; waste being placed in the skips cannot be monitored. Due to this the skips will have to be removed from the area.

In light of these changes, Councillor Currie suggested that Amenity Services could provide a ‘free’ special uplift service in the Winter, collecting re-cyclable white goods and furniture from households. Mr McLeod was very keen to see this service implemented and advised members that an article would be placed in the Ileach to advise the public of all the changes.

6. Transport Forum – Angus Rice (Idea’s) gave a brief talk on the transport forum. At present the dial-a-bus service has been very successful but the evening service has not been. The transport forum started as a service providing accessible transport, this carried on for 12 months. Since its conception, the service has grown and they are now providing transport for the Education department and the McTaggart Leisure centre. They have also just won a new school contract for transporting children to Port Charlotte Primary School. They are now looking to provide transport for meeting buses and planes. Angus introduced Jennifer Simpson to the group, she is the new patient transport co-ordinator for the Red Cross. They have recently appointed drivers and can provide them for people going to and from appointments. The service is for anyone who has a transport need.

7. AOB – It was agreed at the recent area committee that the roads capital budget for this area was £263,000. The surface dressing budget is £118,000.

7.1. School Lets – Sharon McHarrie advised the group of the current school letting pattern (copy enclosed). At present, Islay High School can be let each evening for community use but it is different times for each night. In order to qualify for the discounted rate, all lets must take place within the letting pattern. Any lets outwith the letting pattern must pay additional costs. Most of the primary schools on Islay and Jura cannot be booked in the evening unless the full additional costs are charged. It is recommended that the Area Committee looks at this so as to allow bookings to be made at all schools at the reduced rate.

7.2. Hall Charges – Concern was raised as to the current pricing of the halls. Sharon McHarrie informed the group that the hall charges were to remain the same as last year. However, as well as paying the set hourly rate, smaller groups could be given the option to pay a percentage of the door takings. Where the Council would take 30% of the door takings and the hirer would keep 70%. This option might be more suited to smaller groups with low numbers.

7.3. Kilchoman Church – Although this has been discussed at the Area Committee it has always been an exempt item. Councillor Currie has asked for an article to be put into the Ileach advising people of what is happening with it.

2 Page 15

7.4. Cal-Mac Signage – If the ferry is diverted to a different terminal on Islay, travellers are not always aware of his until they have reached the ferry port. This can sometimes mean a quick drive across Islay to the other port. It has been requested that Cal-Mac provide signage to advise travellers if the ferry has been diverted. Councillor Currie will raise this issue with Fay Harris from Cal-Mac.

8. Date of Next Meeting: The next meeting will take place in September

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ARGYLL AND BUTE COUNCIL MINUTES OF MEETING OF MID ARGYLL PARTNERSHIP held in DALRIADA HOUSE, LOCHGILPHEAD on TUESDAY 22ND AUGUST 2006

1. WELCOME AND APOLOGIES

Apologies for absence were received from: Councillor Alison Hay, Ron Bowe, Marion Thomson, Roy Flatt, Felicity Kelly and ACHA.

2. MINUTES OF MEETING OF 23 MAY 2006

The minute of the Meeting held on 23rd May 2006 were submitted and approved.

3. MATTERS ARISING

It was noted that at item 8, British Waterways Scotland, the sentence in the second last paragraph should read ‘It is hoped that the Linnet shed will be stabilised as part of the Dalriada Project.’

It was also noted that at item 10f, West Lochfyne Community Council, the name in the first paragraph should read Bill Middlemiss, not Middleton.

4 PRESENTATION FROM ACHA

Due to diary commitments, ACHA were unable to attend the meeting and the presentation has therefore been deferred to the next meeting.

5. SCOTTISH WATER

Tarbert The odour mask in Tarbert is a temporary solution until permanent odour control is put in place at the end of September at the inlet works. It was also noted that chemical dosing is in place on the Network side.

Inveraray The Asset Manager, Barry Hardie, had reported to Jane MacKenzie that he had not received any persistent complaints regarding the odour problem in Inveraray although he is aware it is an ongoing problem. It was suggested that whenever the smell arises, the Community Council should contact Barry Hardie on 0845 601 8855. Deirdre agreed to take this up with the Community Council.

Lochgair It was noted that the public enquiry will take place on 16 October 2006.

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Ardrishaig There was another meeting with residents on 24 July 2006 as the Brae Road combined sewer overflow is outwith planning permission. Some options were presented to the residents at this meeting but were unsatisfactory. Further meeting were held between Scottish Water and the Marine Specialist and further 5 options will be presented to the Community Council prior to the next meeting with residents due to be held on 4 September 2006. Retrospective planning permission has now been lodged.

Councillor Robertson asked that he be kept up to date with progress and Jane agreed to forward him a copy of the plans and list of options.

Lochgilphead A project to improve the combined sewer overflow at Peddie Bank and the Front Green and improvements to Paterson Street pumping station is currently being scoped. It is at the design stage at the moment and the Community Council and residents will be kept informed of progress.

Kilmartin The odour problem is still present in Kilmartin. Jane will speak to Barry Hardie regarding this, and again it was suggested that residents phone the number above to report when the odour is present.

Furnace Access to the shore at Furnace was raised with Jane and she agreed to take it back but informed the group that the issue was with funding and access to the shore.

6. FORESTRY COMMISSION/SNH

There was nobody at the meeting from the Forestry Commission/SNH but it was noted that the Kintyre Way is now open and leaflets are available from Tourist Information Centres.

7 STRATHCLYDE POLICE

No report

8 BRITISH WATERWAYS SCOTLAND

It was reported that the Crinan Canal had a very busy summer with a high volume of foreign boats, in particular boats from Sweden and Norway.

It was noted that the timber operation is at full capacity, with timber being delivered to Irvine, Ireland and Finland. There is on average 3 boats leaving a week, which is approximately 40,000 tonnes of timber. Counters have now been installed on the towpath and 42,000 visitors have been recorded since May showing it is well used for recreational purposes. Page 19

A tri-athalon organised by Mid Argyll Cycle Club and the swimming pool will take place on 24 September and comprises of a swim in the pool, a run along the towpath and a cycle over the Moss.

Discussions are still ongoing with the planners for an additional 9 berths at Bellanoch Pontoons.

The obstruction near the Crinan end is being investigated.

Closure of the canal will take place from November until the end of March to carry out bank protection work.

It was also noted that the signs for the National Cycle Route, route 78, which will include the towpath, have been erected.

9 COMMUNITY CARE ISSUES

Dee Lyon stated that housing includes community care, and issues can be brought to her attention.

Graeme Bruce explained that the main issue at the moment is the public perception of anti social behaviour and there may be confusion on what to do about it. The advice given is to ring the police to inform them about it.

10 COMMUNITY COUNCILS

10a Ardrishaig No report

10b Dunadd No report

10c Inveraray No report

10d Lochgilphead The main issue at the moment is the Christmas lights as Lochgilphead is one of the few towns which does not have them. The support for provision of lights has been immense with 23 businesses agreeing to sponsor features and various fundraising activities planned throughout the autumn. The lights will be turned on on 2 December 2006 and at which Campbeltown Brass, a gaelic choir and many more attractions will be present.

Councillor MacMillan congratulated the Christmas Lights Committee for their hard work on this.

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10e South Knapdale No-one was present from South Knapdale Community Council but Deirdre reported that a telephone chain had been set up along the Kilberry road. This is similar to a neighbourhood watch scheme where the residents will assist the Police in determining the direction of travel by the perpetrators of a crime following the reporting of an incident as there is only one road in and out of the area.

10f West Lochfyne At the last meeting it was reported that the Chairperson, May McGougan was home from hospital and progressing. Unfortunately, she has now been readmitted to hospital.

It was also noted that the Scottish Water Public Enquiry will be held on 16 October 2006 in Lochgair Hotel and is open for members of the public to attend.

There has been no update on the arrangements for a new bus stop at Minard and it was agreed that Douglas Blades be contacted regarding this.

It was noted that the community now own forestry land on the foreshore.

Trees at Lower and Mid Achagoil have not yet been lopped. Brian Rattray will look into this.

The community are looking for recreational ground for the Shinty Club and a licensed woodcutter in the village has agreed to cut down the trees if he can keep the wood.

The community had heard that there are plans to build 6 houses in the field south of Victoria Park and are worried about the impact this may have on the water constraints and electricity supply. This will be raised with the planners and Scottish Water by the Community Council.

The handrails on the footbridge over the burn had rotted but they have now been replaced and painted.

The issue of Japanese Knotweed was raised again and it was agreed that Deirdre pass the David the Council’s policy on this.

10g Craignish There are still no “20’s Plenty” signs in Craignish and no money has been allocated to this from the safer routes to school budget for 2006/07. The community council asked that it be included whenever money becomes available

The Ardfern and Craobh Haven Arts Festival finished last week and it was a great success and attracted many visitors.

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Fyne Homes are in discussion with the Church regarding the sale of ground at the Glebe for housing. Scottish Water have been contacted regarding the water constraints and it is hoped this will be resolved and the project able to go ahead.

Part of the main road before the Croabh Haven turn off has been resurfaced using non-slip material as the volume of accidents was close to 2 cars off the road per day, and has now reduced.

The Community Council had received a letter advising that comments are being sought on the modifications to the new Local Plan.

10h Furnace Following Roddy McLeod stepping down from the Community Council a new Chairman, Michael Master has been appointed. Michael was the Treasurer and so the newly appointed Treasurer is Andrea Henderson.

Allan Stuart from the Council has discussed the football/playing field but it could be many years before any action is taken on it. The main problem with the field is drainage and costs are currently being investigated. The local MP and MSP have been contacted and are going to write to the Council in regard to this.

A community newsletter has been started to try to pull the community together. All contributions are welcome; it is currently free although financial donations are gratefully received.

Funds are currently being raised for the hall improvements and £5,000 has been awarded from ‘Awards For All’ for the community survey to find out what the locals want at the hall.

A community radio station, ‘Radio Fyneside’, is being started on the internet and it is hoped this will lead to part time jobs. It is to be discussed at a meeting on 9 September 2006 from 10am to 1pm.

10i Tarbert & Skipness No report

10j North Knapdale North Knapdale Community Council was reinstated last Tuesday. Mark Lodge gave a speech on the new Local Plan which was gratefully received.

11 COUNCIL REPORTS

11a Operational Services

Minard The “20’s Plenty” signs are the responsibility of Scotland Transerve as they will be on the trunk road.

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Furnace There is timber extraction down Bridge Terrace.

Craignish There is no provision in the budget for 20’s Plenty signs in Craignish but this will be put forward for next years budget consideration.

Resurfacing works in Inveraray, Furnace and at Fearnoch and Argyll Street in Lochgilphead are scheduled.

It was raised that the B8002 through Ardfern has become increasingly busy with both traffic and children due to a lot of new developments in the area. Children have started to congregate at the school corner and it is felt “20’s Plenty” signs are urgently needed. The condition of the road has deteriorated and there are significant holes into the village and beyond on the coast road.

11b Community Services

Housing Graeme Bruce stated that Housing Services have relocated to Dalriada House and they are only 6 or 7 weeks away from the stock transfer to Argyll Community Housing Association [ACHA]. All staff now know where they are going.

Dee Lyon stated that joint working of housing associations is working well.

12 ANY OTHER BUSINESS

David Fyfe-Jackson stated that there is no pavement from Minard to Crarae Gardens and the cemetery. As this is a trunk road it is the responsibility of Scotland Transerve and it was suggested that it be raised with the Scottish Executive and MSPs.

13 DATE OF NEXT MEETING – 21 November 2006

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SEDERUNT SHEET

Mid Argyll Partnership

22 August 2006

Donnie McMillan Argyll and Bute Council Bruce Robertson Argyll and Bute Council Deirdre Forsyth Argyll and Bute Council – Corporate Services Brian Rattray Argyll and Bute Council – Operational Services Graeme Bruce Argyll and Bute Council – Housing Services David Lyon British Waterways Scotland Colin Smith Craignish Community Council Mary Smyth Craignish Community Council Marilyn Dunn Furnace Community Council David Fyfe-Jackson West Lochfyne Community Council Jane McKenzie Scottish Water Dee Lyon Fyne Homes Brian Christie Lochgilphead Christmas Lights Committee Janet Roake Lochgilphead Christmas Lights Committee Katie McKenzie Argyll and Bute Council - Corporate Services

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This page is intentionally left blank Page 25 Agenda Item 8

KINTYRE INITIATIVE WORKING GROUP held in COUNCIL CHAMBERS, TOWN HALL, CAMPBELTOWN on MONDAY 28th AUGUST 2006 at 10.00 a.m.

Councillor Donald Kelly opened the meeting by welcoming and thanking everyone for attending the August Meeting of the Kintyre Initiative Working Group.

1. APOLOGIES

Apologies for absence were received from Eleanor Scott MSP, Councillor Alastair McKinlay, Gordon Caskie, Ivor Robertson, Argyll College, Jobcentre Plus, Jamie McGrigor MSP, Maryanne Stewart and Deirdre Forsyth.

2. MINUTES

The minutes of the meeting held on 12th June 2006 were approved.

As Councillor Colville intimated that he had to leave the meeting the following items were discussed.

Westport – Councillor Rory Colville reported that Westport has been very busy over the summer months with not everyone treating the area with respect. 3 weeks ago a fence was demolished for firewood by campers at a cost to the farmer of £1000. They only way forward may be to have a ban of wild campers using this area. There will be meeting with the Police and Councillor Colville hopes to give an update at the next meeting.

Toilet facilities have been provided until the end of August, which have proved very successful, and it is hoped to get this provision extended for another few weeks.

Councillor Rory Colville intimated that Fergus Younger the Agricultural Officer has organised an Open Day Food Seminar at Lochgilphead Green on the 9th September 2006.

Councillor Colville left the meeting at 10.30 a.m.

3. FERRY INITIATIVES

Conflicting reports have been received over the outcome and the announcement of the Campbeltown – Ballycastle ferry service. Andrew Banks of Pentland Ferries informed Jamie McGrigor MSP that tenders should have been issued in June with an announcement made in August.

George Lyon MSP intimated that he has spoken to the Transport Minister and Northern Ireland’s agreement is required to move the process forward. He advised that the Transport Minister has spoken to Maria Eagle MP and this will not be considered until September.

Alan Reid MP advised that he has done some work in Westminster. He has written to Peter Hain and tabled parliamentary question. The deadline for the Assembly is 24th November when they will have to take a decision.

Maureen Macmillan MSP stated that she will speak to Douglas Alexander on the issues.

Councillor Kelly stated that the local community were becoming increasingly frustrated by the many hurdles which we have to face regarding the ferry tendering process and expressed his concerns that time was yet again slipping away therefore making the marketing of the route for 2007 more difficult.

Page 1 of 6 Page 26

It was agreed that the Group would write to all relevant parties in an effort to keep the pressure on.

4. UPDATE ON INITIATIVES/PRIORITIES AND THEMES FROM PREVIOUS MEETING

Dunfermline Car Club – Councillor Donald Kelly intimated that Dunfermline Car Club are still pursuing the possibility of holding a rally but there is an issue with funding. Alan Reid MP advised that he has written to Douglas Alexander on the Road Closure and awaits his reply.

Campbeltown to Machrihanish Railway Walk – Councillor Donald Kelly advised that a meeting of the subgroup would be held on Wednesday 20th September.

Fessenden Project – This project has been well documented and plans are still under way to erect the memorial.

Yellow Book – The Campbeltown and Kintyre Action Plan was circulated to the Group. Councillor Donald Kelly stated that Kevin Williams would attend the next meeting to give an update and answer any questions.

Banner Project – Sample banners have now been received from Bushmills and Deirdre Forsyth will give an update at a future meeting.

Opportunity Kintyre – John Semple reported that there has been a Limited Company formed and 40 people have received training. 70 people will form Board. The next stage is to employ a Facilitator to work with the Board.

5. INITIATIVES/PRIORITIES AND THEMES FOR FUTURE MEETINGS

Ian Macintyre produced a press release on the possible closure of the East Pier. A copy is attached to this minute for information. After discussion it was agreed to put this item on the agenda and for Ian to give an update at a future meeting.

Councillor Kelly suggested holding a Mull of Kintyre Pipe Band Championship. He intimated that he has been in contact with Pipe Majors Iain McKerral and John Brown and Mike Casey concerning the pipe bands, Gordon Caskie for the heavy events and James McCorkindale for highland dancing. It is hoped that this event will attract 7000 or 8000 people to the area and could become an annual event. Kintyre and Argyll Events would be the overarching body co-ordinating the event. Councillor Kelly advised that next year is the Highland Year of Culture and funding will be available. The Group agreed that this would be a beneficial project and that a sub group would be formed.

Vestas – Councillor Donald Kelly intimated his concern along with that of the community regarding the recent announcement of the closure of the nacelle Department at Vestas. Ken Abernethy advised the Group that a meeting had taken place with Vestas and informed that due to current climate the workload has dried up. Local content in the planning process was discussed and it was agreed that this would help Vestas, as they are the only manufactures in the UK. Ken Abernethy believes that production of the towers and servicing can continue in Campbeltown but a change in present climate is required.

Les Howarth stated that market forces are prevailing and the orders that were anticipated has not materialised and this is the main reason why Vestas is closing. He advised that supported is required from Argyll & Bute Council, AIE and the Scottish Executive to make sure that nothing happens to the Tower Section at Vestas.

Page 2 of 6 Page 27

George Lyon MSP stated his disappointment at the announcement but advised Vestas has given employees tremendous support.

Ken Abernethy AIE intimated that no redundancy notices have been served at present and a period of review has been entered into with the possibility of merging the workforce into the Tower Department. Vestas do not want to lose the expertise; perhaps some employees could go to Europe.

The group took the view that the whole length of the A83 needs a complete upgrade to be able to handle the haulage produced by Vestas and the timber lorries.

6. UPDATE/REPORT ON NEW GOLF COURSE

Work on the new golf course should start in September.

7. AIRSHOW 2006

Councillor Kelly congratulated Kintyre and Argyll Events for the tremendous amount of work and effort that they had done to produce a marvellous event. Derrick Lang thanked Councillor Kelly for his kind words and advised that a debrief had been held last week on the Airshow. Derrick intimated that there was 4000 people on site on Saturday and 6000 on Sunday. 65% were from Argyll and Bute area as marketing had been concentrated on that area. There were 300 aircraft movements over the weekend and a marvellous display was achieved. Participants were very impressed and want to attend any future events. A few issues have to be resolved but on the whole an excellent weekend was had by all. It was agreed that another event would be considered in 2-3 years time. The effect on the community was excellent as all hotels, b&bs, campsites were booked. Jim Martin commented on the lack of bed space being an issue.

8. CAMPBELTOWN AIRPORT CONSULTATIVE ITEMS

a) Loganair Ltd – A report was circulated and is attached to this minute for information.

b) Highlands and Islands Airports Ltd – Councillor Kelly congratulated Derrick Lang on his recent promotion to Regional Manager after Roy Cartledge’s recent retiral. Derrick advised that the Airfield has been very busy over the summer months due to the Air Squadron Exercise and Airshow. Demands for refuelling at the Airfield in Campbeltown and Islay have increased but they are unaware if this is due to Oban being closed. Derrick reported that a few private charters have been in with golfers. Mull of Kintyre Flying Club is now operating out of the Airfield.

c) Defence Estates – Alan Reid MP raised, at Westminster, the question of community financial support for the possible closure of the MOD. A copy of these questions are attached to this minute for information. Councillor Kelly stated that he feels very strongly on this issue and that we should receive some package when the base is closed. George Lyon MSP and Maureen Macmillan MSP both agreed that pressure should continue for a favourable outcome. Alan Reid MP intimated that he would write to the Minister to get the best solution for the community with various protections for Vestas and the Airfield. It was agreed that the Group would write to the Minister with their concerns also.

9. FARMING REPORT/INITIATIVES

Robert Millar apologised for missing previous meetings. He updated the Group on milk prices. He intimated that in his opinion the long term future is with milk. Creameries are doing well at present. He advised that our cheeses are being sold in France at high prices.

Page 3 of 6 Page 28

Slaughterhouse – Robert intimated that 2 people had been commissed by HIE to come to Campbeltown to assess the possibility of a mobile slaughterhouse. They submitted 3 reports to HIE all, which have been rejected. Ken Abernethy advised that he would look into this and report back to Robert. Councillor Kelly said we have enough cattle to have a slaughterhouse and also this would be a source of employment. He also requested a copy of the report for the Group.

10. TRAFFIC CALMING MEASURES TARBERT/A83/CAR PARKING

Letter circulated positive letters to the Group from George Lyon MSP and Malcolm Reed Transport Scotland copies of which are attached to this minute. Ian Macintyre stated his disappointment that A83 at Erines is not mentioned in the letter. George Lyon MSP advised that £2 million is being invested in the A83 and will pursue this issue again.

11. WRITTEN REPORTS FROM COUNCIL SERVICES, JOB CENTRE PLUS, ARGYLL COLLEGE, JAMES WATT COLLEGE AND A.I.E.

Council Services – Ian Fawcett reported that a consultation exercise had taken place on pavement access in Longrow and Main Street with disabled users. Donnie McLeod is currently putting a report together but work should start at the end of the year dropping the height of kerbs.

Esplanade Railing – Ian advised that the programme should be finished in 3 weeks time.

The erection of headstones are continuing in the 5th Division of Kilkerran Cemetery.

Jim Martin raised his concerns over the new traffic measures at Stewart Road. Councillor Donald Kelly stated that this was just implemented for a trial period of 6 months and it is hoped that it would alleviate traffic problems.

Jobcentre Plus – There are currently 28 Female and 107 Male unemployed.

Argyll College – Copy of the report was circulated and is attached to this minute for information.

James Watt College – John Semple advised that James Watt College will be holding an Open Day on 4 September for enrolments.

A.I.E.- Figures for June and July circulated and are attached to this minute for information. Ken Abernethy gave the Group an update on Contact 4. He advised that Pierce Flynn is very optimistic and is pleased with the good core of workers employed. He intimated that employment opportunities are growing faster than population with still further potential for expansion. It is hoped that the Manager will attend a future meeting to give an update.

12. TOURISM/LEISURE INITIATIVES/KINTYRE WAY

Due to Joan Inglis leaving Visitscotland no update was available.

John Bates gave the Group an update on the Kintyre Way, which was launched on 12th August. There are still a few minor problems to sort out but they are hopeful that this will be done this year. Leaflets are available from the Tourist Offices and it is hoped to have a map published when the land issues are sorted. Ken Abernethy stated that the Kintyre Way is a very good project but pointed out that there are some incomplete parts. John Bates agreed to investigate and report back at the next Kintyre Way meeting.

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13. SCOTTISH WATER REPORT

A copy letter George Lyon MSP had received from Dr. John Hargreaves, Scottish Water regarding odour issues at Witchburn Road was read out to the Group. A copy is attached to this minute for information.

Councillor Donald Kelly stated that Phase II of the Scottish Water project in Campbeltown has been highlighted recently in the Campbeltown Courier with a date of 2009 being given before the scheme will be finalised. George Lyon was asked for an update. George Lyon intimated that progress has been made with constraints being lifted and funding now being allocated to priority areas. It was reported that there are still problems with Tarbert and Inveraray.

14. A.O.B.

None.

15. DATE OF NEXT MEETING – Monday 30th October 2006 at 10.00 a.m. in the Town Hall, Main Street, Campbeltown.

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SEDERUNT SHEET

KINTYRE INITIATIVE WORKING WORKING GROUP

28 AUGUST 2006

Name Organisation

Donald Kelly Chairman, Councillor - Argyll & Bute Council Jim Martin Campbeltown Community Council Derrick Lang H.I.A.Ltd Rory Colville Councillor – Argyll and Bute Council George Lyon M.S.P. – Argyll and Bute Alan Reid M.P. – Argyll & Bute K R Abernethy A.I.E. Paul Convery Argyll and Bute Council Leslie K. Howarth L.K. Howarth Consultancy John Semple D.B.A.G. Aileen MacLennan Campbeltown Courier Rosie Stewart Campbeltown Courier Iain Y Macintyre Tarbert and Skipness Community Council I Fawcett Argyll & Bute Council John Bakes Southend Community Council Robert Millar Kintyre N.F.U.S. Sheena MacAlister East Kintyre Community Council Maureen Macmillan M.S.P. – Highlands and Islands Linsay MacPhail Argyll and Bute Council

Page 6 of 6 Page 31 Agenda Item 11

ARGYLL AND BUTE COUNCIL

TOWN AND COUNTRY PLANNING

APPLICATION TO BE CONSIDERED BY THE MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE AT THEIR MEETING ON 4 OCTOBER 2006

1. 04/02310/DET Ms Seonaid Clark. Detailed. Erection of timber decking to rear of terraced house (retrospective). 15 Queen Elizabeth Cottages, Furnace.

Recommendation

That retrospective planning permission be refused for the reasons set out in the report by the Head of Planning dated 7 September 2006.

2. 06/00830/DET Mrs P Richmond. Detailed. Construction of tourist hostel, car park and private sewage treatment plant. Land Adjoining Whitehouse Bridge, Inverneill.

Recommendation

That: 1. Planning permission be granted subject to the standard time limit condition and the conditions and reasons set out in the report by the Head of Planning dated 15 September 2006; 2. In the light of objections received, a discretionary hearing be held prior to the determination of the application.

3. 06/01723/DET M. & K. Macleod. Detailed. Erection of six dwellings and formation of access. Field south west of Victoria Park, Minard.

Recommendation

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons set out in the report by Head of Planning dated 18 September 2006.

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DEVELOPMENT SERVICES Local Member - Cllr Alison Hay PLANNING APPLICATION REPORT Date of Validity - 17th June 2006 MID ARGYLL, KINTYRE & ISLAY Committee Date - 04th October 2006

Reference Number: 04/02310/DET Applicants Name: Ms Seonaid Clark Application Type: Detailed Application Description: Erection of timber decking to rear of terraced house (retrospective) Location: 15 Queen Elizabeth Cottages, Furnace

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Erection of timber decking and fencing.

(B) RECOMMENDATION

It is recommended that retrospective planning permission be refused for the reasons set out on the following page.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

A retrospective application has been submitted for the retention of an unauthorised elevated timber deck to the rear of a terraced dwelling house. Measuring a total area of 23 square metres, the decking is elevated to a maximum height of 1.04 metres above original ground level. The decking has been enclosed with ranch style timber boarding to a total height of 2m.

The decking is of an inappropriate design, and in view of its elevation and proximity to the rear elevation of the attached house, has attracted objection on the grounds of loss of privacy. The applicant has previously indicated her intention to reduce the length of the deck thereby removing the more elevated section in order to overcome the shortcomings of the deck which has been built, but despite a significant period being allowed for this, has failed to do so. It is therefore necessary to determine the application as submitted. On balance, I am of the view that the use of this elevated area does impinge upon the residential amenity of the neighbouring property and that planning permission should be refused. An accompanying enforcement report appears elsewhere on the agenda.

Angus J Gilmour Head of Development & Building Control 07th September 2006

Author: Stuart Green 01546 604075 Contact officer: Richard Kerr 01546 604080

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REASON FOR REFUSAL RELATIVE TO APPLICATION 04/02310/DET

1. The application relates to an elevated area of decking which has been constructed without the benefit of planning permission to the rear of a terraced dwelling. The extent and elevation of this decking is such that when it is in use it impinges unreasonably on the privacy and amenity of the attached dwelling, particularly insofar as it affords views towards the window of the habitable room at the rear of that property. In view of the elevation of the deck, it would not be appropriate to require enhanced screen fencing, as this, by virtue of its height relative to adjoining property would in itself be detrimental to amenity, and therefore the shortcomings of the decking could not be satisfactorily overcome by the imposition of planning conditions. The development is therefore contrary to the requirements of Policy LP HOU 5 paragraph (C) of the ‘Argyll and Bute Local Plan’ (Finalised Draft) 2005 which seeks to prevent extensions to dwellings that have a significant adverse impact on the privacy of neighbours, particularly in private rear gardens.

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APPENDIX RELATIVE TO APPLICATION 04/02310/DET

A. POLICY OVERVIEW

'Argyll and Bute Local Plan' Finalised Draft 2005

Policy LP HOU 5 (House Extensions) seeks to ensure that house extensions do not cause significant detriment to the building, the neighbours or the immediate vicinity and comply with the relevant siting and design principles set out in Appendix A; and also satisfy the following specific design considerations, including the following:

D. Extensions should not have a significant adverse impact on the privacy of neighbours, particularly in private rear gardens.

This policy has not been the subject of representation or modification as part of the local plan process and may therefore be accorded very significant weight in the determination of the application.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

There is currently an Enforcement Investigation (ref: 04/00054/ENFOTH) in regards to the unauthorised erection of the timber decking. An accompanying enforcement report appears elsewhere on the agenda.

(ii) Consultations

None.

(iii) Publicity

The application was not required to be advertised.

One letter of representation has been received from Ms Lorraine Wright (received 23rd February 2005) who resides next door at No. 13 Queen Elizabeth Cottages. It can be summarised as follows;

• We object to the proposal on the grounds that the decking is at the same height as our window resulting in an invasion of privacy.

Comments; The floor level of the decking is at the same level as the internal floor level of the neighbouring dwelling, whereas the original ground level of the garden was lower.

(iv) Assessment

The assessment of timber decking is difficult considering there is no national or local guidance on the issue. In this case, the decking is erected on a slight slope, the height of the deck measuring 490mm at its lowest point increasing to 1,040mm at its highest point. It is the elevation of the deck relative to original ground levels which has led to an amenity issue in this case. The decking has been the subject of objection from the neighbouring householders on the grounds that the amenity of their home has been reduced as a result of people being able to stand in a more elevated position to the rear of their home than was previously the case. Consideration has been given as to whether this could be overcome by a permission requiring the erection of more substantial and higher boundary fencing to prevent direct overlooking. Whilst this could be achievable, in view of the difference in level between the deck and the level of the objectors’ garden this would result in an unreasonably tall screen when viewed from the objectors’ side, which in itself would be detrimental to their amenity.

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With this in mind, and in an effort to resolve the situation, the applicant has been approached with the suggestion that the deck be reconstructed in a reduced form or closer to ground level in order that the adverse privacy consequences of its elevation can be overcome. The applicant has indicated on more than one occasion (the last being 5th June 2006) her willingness to do so, which would result in a form of construction which would be generally closer to ground level. This would constitute ‘permitted development’, thereby remedying the breach of planning control and enabling withdrawal of the current application. However, such works have not been undertaken and in view of the ongoing breach and the fact that matters do not appear to be making meaningful progress, it is appropriate to determine the application at hand.

At 23 square metres the decking is large, taking into consideration that it is elevated and is attached to a terraced house with a ground floor area of approximately 58 square metres. Given the sloping nature of the rear garden, its length contributes to its elevation, which in turn when it is occupied, reduces the level of privacy and amenity which the neighbouring property enjoyed hitherto. I find the development to be inappropriate in terms of design and proportions and therefore recommend that the proposal be refused.

In the event of permission being refused, Members will need to consider separately the enforcement implications of this decision.

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DEVELOPMENT SERVICES Local Member - Councillor Bruce Robertson PLANNING APPLICATION REPORT Date of Validity - 20.04.06 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 04.10.06

Reference Number: 06/00830/DET Applicants Name: Mrs P Richmond Application Type: Detailed Application Description: Construction of tourist hostel, car park and private sewage treatment plant Location: Land Adjoining Whitehouse Bridge, Inverneill

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Construction of 22 person tourist hostel with manager’s living accommodation; • Formation of car park and installation of bike stands; • Installation of LPG storage tank; • Installation of private sewage treatment plant

(ii) Other Aspects of the development:

• Access to existing private way; • Connection to public water supply

(B) RECOMMENDATION

It is recommended that:

1) Planning permission be granted subject to the standard time limit condition and the conditions and reasons attached;

2) In the light of objections received, a discretionary hearing be held prior to the determination of the application.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application proposes the construction of a purpose-built hostel intended to provide overnight accommodation for cyclists, walkers and other tourists to the area. It is to be located on a former, section of road at Inverneill, which became redundant following the realignment of the trunk road associated with the construction of the new Whitehouse Bridge. Adopted and emergent development plan policy supports the development of tourist facilities within settlements, provided that they are located and designed appropriately and accord with other planning policies.

There are no objections to the proposal from consultees. Objections have been lodged by ten households to the introduction of a commercial use, which it is suggested would be inappropriate within what is currently an almost exclusively residential settlement. In particular is suggested that the proposal will constitute a traffic hazard and may introduce anti-social behaviour.

Angus J Gilmour Head of Planning 15.9.06

Author and contact officer: Richard Kerr 01546 604080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 06/00830/DET

2. Notwithstanding the provisions of Class 7 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, or any equivalent provision following the revocation and re-enactment thereof, with or without modifications, with the exception of the first floor hostel manager’s living accommodation, the development hereby approved shall be used solely to provide overnight tourist accommodation, and no individual, family or group shall occupy the accommodation for any continuous period in excess of seven days. A visitor register shall be maintained at the premises in order to demonstrate compliance with the terms of this condition, which should be submitted annually for the approval of the Council as Planning Authority.

Reason: In the interests of road safety and amenity given the restricted car parking area and amenity space available to serve the building.

3. The first floor living accommodation should be occupied ancillary to the use of the building as a tourist hostel by the manager of the hostel and his/her dependants only, and shall not be occupied as self- contained living accommodation independently of the hostel.

Reason: For the avoidance of doubt and in accordance with the development as applied for.

4. The hostel shall not be first occupied until the car parking and manoeuvring areas shown on the approved plans have been hard surfaced, marked out and made available for use in accordance with the layout shown on the approved plans.

Reason: In the interests of road safety.

5. The hostel hereby approved shall not be first occupied until the improvement works to the access to the site from the Trunk Road have been implemented in accordance with the layout details indicated on the approved drawing No **************

Reason: In the interests of road safety.

6. No development shall be commenced until samples and/or full details of the materials to be used externally on the development have been submitted to and approved by the Council as Planning Authority. The development shall be implemented in accordance with the duly approved details.

Reason: In order to secure an appropriate appearance in the interests of visual amenity.

7. Prior to development being commenced, details of the means of enclosure of the boundaries of the site shall be submitted for the approval of the Council as Planning Authority. No walls, fences or gates shall be erected without agreement having been given in writing in advance to the design, height and materials of such walls, fences or gates.

Reason: In order to secure an appropriate appearance in the interests of visual amenity.

8. Prior to the first occupation of the building, the windows in the rear (west) facing elevation of the building shall be obscure glazed and shall be maintained as such thereafter unless otherwise agreed in writing by the Council as Planning Authority.

Reason: In the interests of amenity having regard to the location of the rear of the building in close proximity to the boundary of the site.

NOTES TO APPLICANT

1. The works required to upgrade the access within the boundary of the Trunk Road in respect of condition 4 above should be agreed with Transport Scotland, Trunk Roads Network Management Directorate, Victoria Quay, Edinburgh, EH6 6QQ (Tel 0131 244 0474).

2. Please have regard to the attached consultation response from Scottish Water dated14.05.06.

Continued….

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3. Please have regard to the attached consultation response from the Scottish Environment Protection Agency dated 01.06.06.

4. No signs or advertisements should be displayed on the building or within the site without enquiries having been made as to whether these benefit from ‘deemed consent’ by virtue of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and in the case of those requiring ‘express consent’, no such sign or advertisement shall be displayed without advertisement consent having been granted in advance by the Council as Planning Authority.

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APPENDIX RELATIVE TO APPLICATION 06/00830/DET

A. POLICY OVERVIEW

'Mid Argyll Local Plan' 1985 (1st Alteration 1989 and 2nd Alteration 1993)

Policy STRAT 2A – local development requirements will be expected to be met in the rural settlements (including Inverneill).

Policy RUR 1 – prominent or sporadic development will be resisted in areas designated for landscape/scenic importance (in this case the Loch Fyne/West Loch Tarbert Area of Local Landscape Significance).

Policy RUR 2 – proposals subject to Policy RUR 1 will be assessed in terms of environmental impact, locational/operational need, economic benefit and infrastructure/servicing implications.

Policy TOUR 1 – supports the promotion of, and the development of, tourism in Mid Argyll.

Policy TOUR 2A – encourages the development of tourist facilities including self-catering accommodation which relates to physical resources and recreational opportunities provided that it does not conflict with the protection of agricultural, landscape, nature conservation or heritage resources.

Policy TR 1 – accesses to the A83(T) with adverse road safety implications are to be avoided.

Policy TR 8 – appropriate off-street parking should be provided to serve new developments.

'Argyll and Bute Structure Plan' 2002

Policy STRAT DC 1 - supports small scale development (or exceptionally larger scale development) compatible with a rural settlement location on infill rounding-off and redevelopment sites within minor settlements (including Inverneill).

'Argyll and Bute Local Plan' Finalised Draft 2005

Proposal P/DCZ/1 - gives spatial expression to the settlement boundaries established by adopted structure plan policy STRAT DC 1, and includes the application site within the Invernelll settlement boundary. As no representations have been lodged or modifications proposed as part of the local plan process, this may be accorded significant weight in the determination of the application.

Policy ENV 1 – requires consideration to be given to impacts on amenity and the environment in general, to layout and design, and to access and infrastructure. As no representations have been lodged, and those modifications which are proposed as part of the local plan process are not significant, this may be accorded significant weight in the determination of the application.

Policy ENV 19 – development should exhibit a high standard of design and layout, should integrate effectively with its surroundings, and have regard to design advice. Development with poor quality or inappropriate layouts, including over-development will be resisted. As no representations have been lodged, and those modifications which are proposed as part of the local plan process are not significant, this may be accorded significant weight in the determination of the application.

Policy TOUR 1 – there is a presumption in favour of new tourist facilities in the settlements provide that they are of a form and scale consistent with structure plan policy STRAT DC 1, they respect townscape/landscape character and amenity, and they are reasonably accessible by public transport where available. As no representations have been lodged or modifications proposed as part of the local plan process, this may be accorded significant weight in the determination of the application.

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B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant

(ii) Consultations

Trunk Roads Authority (15.9.06) – no objection.

Scottish Water (14.5.06) – no objection.

Visit Scotland (22.5.06) – supports the proposal as there are no other hostel facilities in the area. As a new build development it would be in accordance with the latest disability requirements which would encourage less able guests to visit the area.

SEPA (1.6.06) – no objection. Discharge from the sewage treatment plant to a soakaway would be preferred to a discharge to controlled waters.

Head of Public Protection (5.5.06) – no objection subject to above ground LPG storage meeting usual fire safety standards.

(iii) Publicity

The application has been advertised in the local newspaper (Section 34). The period for representations expired on 19th May 2006. Letters of objection have been received from the following:

Mr and Mrs D Duthie, Olbia, Inverneill PA30 8ES (3.5.06 and 15.6.06); Mr D McPhater, Laighmhor,Strowan Road, Comrie, Perthshire PH6 2EH (5.5.06); Mr and Mrs D Machray, Cedarwood, Inverneill, PA30 8ES (10.5.06); P Cooper, Auchencairn, Inverneill, PA30 8ES (17.5.06); Ms M Gechi, Capanna, Inverneill, PA30 8ES (10.5.06); Mr S Sutherland, Ceol-na-Mara, Inverneill, PA30 8ES (10.5.06); Mr A Gow, Oakbank, Inverneill, PA30 8ES (10.5.06); Mr M Cameron, Woodneuk, Inverneill, PA30 8ES (11.5.06); Mr and Mrs G Larkin, Dunelm, Inverneill, PA30 8ES (12.5.06); Ms W Lorimer, The Braes, Inverneill, PA30 8ES (19.5.06).

The grounds of objection are summarised below. The applicant has responded in writing to these, and her comments are summarised in italics, along with comments by officers:

1) A tourist hostel would not be compatible with a residential area. The development would be a potential source of anti-social behaviour;

Applicant comments: Overnight accommodation is compatible with residential areas and there are numerous precedents in other local settlements. There are already commercial uses in Inverneill, including bed and breakfast, self-catering, a health clinic and a dwelling divided into flats for commercial rental. Hostellers are traditionally very responsible and respect the environment. No evidence has been produced to the contrary. Hostels operate without nuisance in Inveraray, Tobermory. Oban, Port Charlotte, Lochranza and Tighnabruaich.

Officer comments: Overnight tourist accommodation is compatible with residential communities, as guest houses and bed and breakfast establishments demonstrate. Tourist hostels may be found in urban centres, small communities and remote rural locations. The type of clientele visiting any particular hostel tends to depend upon its location, the availability of local facilities, and the type of tourism resource which it serves. Hostels in rural areas are not generally regarded as bad neighbour developments. It would be in the interests of the hostel owner to ensure that it is operated in a responsible manner, in order to safeguard other guests from disturbance and in the interests of securing repeat business.

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2) The introduction of this use would set a precedent for other commercial use of this site as and when the venture is sold, or lead to it becoming occupied as a dwelling;

Officer comments: Planning permission would be required to change the use of the building to any other commercial purpose or to a dwelling, the merits of which would be considered at the time of any such application.

3) Additional turning movements onto a fast stretch of trunk road would pose a danger. The development would interfere with sight lines at the access point serving Inverneill House. 11 car parking spaces are inadequate to serve a 26 bed-space hostel. Overflow car parking would obstruct the private access serving three dwellings or the main road;

Applicant comments: The target group will be cyclists and gusts travelling by public transport rather than by car. The requirements of the Trunk Road Authority have been sought and these will be met.

Officer comments: As the site is accessed via an existing junction with the main road, the Trunk Roads Authority has been consulted. They have discussed with the applicants the parking and access arrangements for the site and have not raised objections on the basis of the number of parking spaces proposed, and it has been demonstrated to their satisfaction that the site can be serviced by service vehicles.

4) Watersports may be associated with this use, which would lead to noise nuisance;

Applicant comments: There is no intention to use the site as a water sports centre.

5) The proposal would attract itinerant business to an area with poor public transport and which lacks refreshment or entertainment or retail amenities;

Applicant comments: The schedules of current ‘Citylink’ and local bus services would be convenient to arriving/departing guests. The hostel would operate its own local shuttle transport to Ardrishaig/Lochgilphead.

6) The development will be close to the main road, will breach the building line and obscure views of the old bridge;

Applicant comments: The building will not diminish or obscure the view of the old bridge.

Officer comments: The location of the building and its consequences for the setting of the settlement is addressed in the ‘Assessment’ section below.

7) The development would attract walkers to an area without safe footpaths;

Applicant comments: The majority of guests would be expected to use bus or cycle. Hostel transport would be used to serve walking tours.

8) No waste storage or clothes drying facility is shown which would be expected for this type of use;

Applicant comments: Provision is intended to be made for these requirements.

9) The septic tank and soakaway is shown unacceptably close to the river and there is a risk of further pollution of the watercourse which already takes septic tank discharges;

Applicant comments: SEPA’s requirements will be met.

C. ASSESSMENT

The proposal relates to a disused section of road purchased by the applicant following the construction of the new bridge nearby, which had involved the realignment of the original carriageway to a route closer to the mouth of the river. The site lies adjacent and parallel to the road, immediately to the south of a private access serving three residential properties. It still

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retains a tarmac surface from its previous use. It adjoins the river to the south, beyond which lies the applicant’s current dwelling, Whitehouse Cottage. There is an area of undeveloped land to the rear, with trees beyond the boundary forming the backdrop to the site. The closest property is a bungalow known as Inverneill Cottage, which stands set back from the road to the north of the site.

The trunk road runs close to the shore at this point and there is no intervening development between the road in front of the site and the loch. Inverneill is a strung out settlement which does not have a very significant presence for the passer by, due to buildings being set back from the road, the preponderance of single storey properties and the screening effect of trees. Whilst a few properties offer bed and breakfast, the settlement is otherwise largely residential in character.

The proposal is to develop a tourist hostel on the site, primarily intended to serve the needs of cyclists and backpackers, but also offering accommodation to car borne travellers. It comprises a two storey building set at the back of the site providing two 2 person rooms (one to mobility standard) plus three dormitory rooms, each capable of accommodating 6 persons in bunk beds, plus a communal kitchen and lounge/dining area. The upper floor would contain a separate manager’s flat and office. The building is to be finished in rendered blockwork with areas of timber panelling, timber windows and a pitched tiled roof. The site is relatively restricted in size for the building proposed, so the remaining land would all be accounted for by car parking (11 spaces) and ancillary items such as bike stands, an LPG tank and bin storage. There would be an area of decking and a small garden area along part of the front of the building, overlooking the loch.

The applicant has made the following points in support of her proposal:

• The development will bring economic/employment benefits, and will help sustain other tourism ventures such as horse riding, fishing trips and tourist retailers;

• The proposal supports several Council and Community Planning objectives and will involve partnership working with other tourism/economic development bodies.

• A hostel will be unique to the area and will not directly compete with established tourist enterprises;

• The location of the hostel would fill a gap in the established hostel network serving mainland Argyll, the islands and Arran;

• Low cost self-catering accommodation will help attract independent travellers who might not otherwise visit Argyll;

• The proposal will involve an attractive development on what is currently a neglected site;

• The design of the development will incorporate recycling and renewable energy measures.

The application has been assessed in terms of the following criteria;

Environmental impact: The application relates to a site which stands on the original road alignment, which is, as a consequence, set forward of other buildings in Inveneill. Consequently, any building on the site will be visually very prominent to those using the main road, unlike most of the existing properties which are either set well back or are partly screened by trees. The building is a relatively attractive one and a half storey design, the gable ends of which would be the most significant elements in terms of persons travelling by. Principal views from the building would be across the main road and over the loch. Rear facing windows would require to be obscure glazed as the building stands parallel to and close to the rear boundary of the site, and views afforded over adjoining land could restrict future development opportunities. The building will not reinforce the existing which character of Inverneill, which tends to be rather low key and understated. This would be a rather prominent and assertive building relative to existing property, which would stand close to the road commanding views out over the loch. That said, as a hostel building, the design and materials proposed are appropriate and its presence within

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the settlement would not seriously detract from the scenic qualities of its surroundings, nor would it impinge upon existing buildings, which are all some distance away.

The introduction of a hostel into what is primarily a residential community appears to have raised misgivings amongst some of the residents, who are concerned at the prospect of visitors causing nuisance to residents. This seems to be based on the apprehension that those frequenting hostels are more likely to behave inappropriately than those tourists who stay in guest houses, hotels or bed and breakfast establishments. I am not aware of evidence to substantiate this view. Certainly, other Argyll hostels do not appear to have reputations which would lead them to be regarded as ‘bad neighbour’ developments. The accommodation essentially comprises five rooms sleeping between 2 and 6 people. Such budget accommodation is likely to prove as equally attractive to families and independent travellers, as it would to groups of people who might be regarded as having the potential to be less respectful of the residential nature of the hostel’s surroundings. Much, of course, would be dependant on the manner in which the hostel would be managed. Having manager’s accommodation on the first floor would ensure day and night supervision of the premises, which would assist in this regard. The lack of ready access to entertainment facilities in the locality would be unlikely to make the accommodation attractive to potential ‘rowdy’ elements. Other than Inverneill Cottage and the applicant’s own home, there are no other properties within 80 metres of the proposed building. Given its location on a trunk road where traffic noise is a consideration, I do not believe that the use of the hostel will impinge unacceptably upon residential amenity.

Locational/operational need: Planning policy generally restricts the availability of coastal development sites. In this case, because the application site lies within a settlement fringing the shore, there is an opportunity to secure a site capable of satisfying development plan policy, which will also afford direct views over Loch Fyne and increase the attraction of the hostel to prospective visitors. The applicant consider that the proposed location will fill a gap between existing hostels and act as a ‘stepping stone’ within the wider network of hostel accommodation.

Economic benefit: Planning policy generally supports tourism related proposals in view of their economic development potential. There is benefit in securing a range of accommodation opportunities to suit varying requirements and budgets. Hostels are not well represented within the Mid Argyll Kintyre and Islay area, the only ones being at Inveraray and Port Charlotte (with an unimplemented planning consent at Ford). The Tourist Board has expressed its support for this venture.

Infrastructure/servicing implications: Because of the restricted size of this site, it is not possible to provide more than 11 on site parking spaces. If demand were to exceed this, parking opportunities would not be available outside the site without adversely affecting highway safety or obstructing access to other property. The applicant considers that the hostel will primarily be attractive to those using cycles or public transport, although this cannot be guaranteed. It is therefore necessary to consider whether on most occasions 22 bed spaces could reasonably be served by 11 parking spaces, taking into account likely under-occupancy, and persons travelling by other means. It would be appropriate to impose a condition to limit the use of the building to that applied for, excluding other Class 7 uses (such as hotel), as the site could not provide parking to serve users who were likely to be exclusively car borne.

The Trunk Roads Authority considers that the parking arrangements are adequate for the scale and the particular nature of the development proposed. The applicant has provided information concerning access and turning arrangements for service vehicles which are acceptable to the Trunk Roads Authority.

Water is to be supplied from the public main. Sewage is to be handled by a private treatment plant which SEPA have indicated ought to be connected to a soakaway, unless this is not achievable, in which case a discharge consent to the watercourse would be required.

C. CONSIDERATION OF THE NEED FOR A DISCRETIONARY HEARING

The application has attracted objections from ten households which is a significant proportion in the context of the small settlement of Inverneill. It is therefore appropriate that consideration is given to the need to hold an informal hearing in advance of the determination of the application.

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This page is intentionally left blank Page 49 DEVELOPMENT SERVICES Local Member - Cllr. Alison J. Hay PLANNING APPLICATION REPORT Date of Validity - 11.08.06 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 04.10.06

Reference Number: 06/01723/DET Applicants Name: M. & K. Macleod Application Type: Detailed Application Description: Erection of six dwellings and formation of access Location: Field south west of Victoria Park, Minard.

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Erection of 4 detached one-half storey dwellinghouses and 1 pair of (affordable) semi- detached dwellinghouses; • Modest alteration of existing ground to provide level plots; • Formation of access road.

(ii) Other Aspects of the Development :

• Connection to public sewer; • Connection to public water main; • Provision of footway along existing service strip along part of Victoria Park; • Landscaping

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons set out in the report.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application relates to 0.5 hectare of land forming part of a 2.2 hectare housing allocation established by the ‘Mid Argyll Local Plan’ 2nd Alteration 1993. The site has not been developed to date primarily due to the lack of sewerage capacity. The site has been again allocated for housing by the 'Finalised Draft Argyll & Bute Local Plan 2005 (as Modified 2006)’, although there are objections to this and the emergent plan cannot be a material consideration in the determination of the application. Notwithstanding this, the development remains in accordance with adopted development plan policy.

Since the recent installation of the community septic tank for Minard, Scottish Water have agreed in principle to additional connections to the public sewer. The site is to be served by an access from the current private road serving Victoria Park. The section connecting the trunk road to the application site is to be improved to adoption standard to serve the development. The layout of the six houses and the road access proposed has been designed to afford future access to the remainder of the land allocated for housing. There are no objections to the proposal from consultees. Representations have been received from the Victoria Park Residents Association and separately from 6 households, primarily in respect of access considerations and the style of dwelling proposed.

Angus Gilmour Head of Planning 18.9.06

Author: Derek Hay 01546 604083 Contact point: Richard Kerrr 01546 604080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 05/02600/DET

2. No development, other than that stipulated in condition 3 below, shall take place within the application site until as the Victoria Park access road, from its junction with the A83 Trunk Road to its boundary with the application site, has been brought up to adoptable standard, with the exception of the final wearing course, to the satisfaction of the Council as Planning Authority in consultation with the Area Roads Engineer. The required measures shall include the provision of an adoption standard footway adjacent to one edge of the existing carriageway, and such lighting and drainage works as may be required by the Area Roads Engineer in order to secure adoption. The measures shall also include the provision and maintenance of the appropriate service strip adjacent to the opposite edge of the existing carriageway. The completion of the final wearing course and such other measures required to secure final adoption shall be undertaken within three months of the first occupation of the sixth property to be occupied.

Reason: To ensure the upgrading of the existing Victoria Park private road, to an adoptable standard sufficient to serve the additional development herby approved, in the interest of road safety.

3. No works within the application site, other than the installation of water supply pipes and drainage works, shall take place until as such time as the water supply pipes, drainage pipes and connections, within the existing service strip adjacent to the present Victoria Park road, and between Plot 6 and this service strip, have been installed and connected to the existing Scottish Water infrastructure, to the satisfaction of the Council as Planning Authority in consultation with Scottish Water.

Reason: To ensure that the necessary infrastructure connections are capable of being achieved in advance of development, in the interest of public health.

4. Prior to the commencement of any other aspect of development, the specification of the access road to be formed to adoptable standard within the application site, shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Area Roads Engineer. This specification shall also include a phased programme for the implementation of road works, and these shall be carried out in accordance with the timetable established in the specification as agreed in writing by the Council as Planning Authority.

Reason: In the interest of road safety.

5. The proposed driveways to each of the 6 plots shall each be provided with a visibility splay of 2.0 metres x 20.0 metres in both directions, and shall be hard surfaced for a distance of 5 metres back from the access carriageway in a material to be agreed in writing in advance, and formed with a gradient which shall not exceed 1 in 15 within 4.5 metres of the edge of the carriageway. Prior to occupation of each property, the respective driveway shall be constructed and made available for use, and the visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway. Thereafter the visibility splays shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Council as Planning Authority.

Reason: In the interests of road safety.

6 Two car parking spaces shall be constructed and made available for use within the curtilage of each dwelling house prior to first occupation, and shall be thereafter maintained for the said purpose.

Reason: In the interests of road safety.

7. Prior to the commencement of any development, the details of a totally separate drainage system with surface water discharging to a suitable Scottish Water outlet, or via an appropriate sustainable urban drainage system, shall be submitted to and approved in

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writing by the Council as Planning Authority. Any sustainable urban drainage system shall be so designed to ensure, given the sloping nature of the site, that no surface water flooding arises either within or at lower levels below the site. All foul drainage shall be connected to the Scottish Water public sewer. These aspects of the development shall be implemented in accordance with the approved scheme to the satisfaction of the Council as Planning Authority prior to the occupation of any of the dwellings hereby approved.

Reason: In the interest of public health and amenity.

8. Prior to development commencing, full details of existing and proposed contours at 0.5m intervals together the height of the proposed finished floor level of each building in relation to a fixed datum outwith the application site, shall be submitted to and approved in writing by the Council as Planning Authority . These details shall ensure that the visible under-building for plots 1-3 is concealed as far as is practicable by mounding of the ground between the proposed access road and the front face of each property. The development shall be completed in accordance with the duly agreed details prior to the first occupation of the respective property.

Reason: In the interest of amenity and the proper integration of this development within its setting.

9. Development shall not be commenced until the details of a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:

i) location and design, including materials, of walls, fences and gates, and ii) soft and hard landscaping works, including the location, density of planting, type and size of each individual tree and/or shrub

In particular, the scheme shall incorporate: (a) an appropriate tree screen within the 2 - 11 metre wide landscaped belt between plot 1 and the boundary of the application site as shown on the approved plans; and (b) an area of tree and shrub planting beyond the southern limits of the garden areas of plots 4 - 6 and the application site edged in red.

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

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

Reason: To ensure the implementation of a satisfactory scheme of landscaping and to safeguard the amenity of plot 1.

10. Samples of the proposed materials and colours to be used for the external walls and roofs, of the development hereby granted consent, shall be submitted to and approved in writing by the Planning Authority prior to any work starting on site. In particular, notwithstanding the submitted drawings, the elevations of the buildings within plots 3 to 6 shall have smooth rendered bands around windows and doors to compliment the approved design for the dwellings to be built on plots 1 to 2. The development shall be implemented in accordance with the duly approved details.

Reason: In the interests of visual amenity and in order to integrate the proposal with its surroundings Continued…

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11. The two semi-detached dwellings approved in respect of plots 1 and 2 shall be made available, once completed, for the provision of affordable housing opportunities by a Social Landlord Registered with Communities Scotland (an RSL), or alternatively through the ‘Homestake’ or Rural Home Ownership Grant initiatives administered by Communities Scotland.

Reason: In order to secure the provision of an element of low cost housing within the development in the interests of affordability in accordance with finalised local plan policy LP HOU 2, and as advocated in the government’s Planning Advice Note 74.

ADVICE NOTES:

1. Attention is drawn to the attached copy letter from Scottish Water in relation to connections to the public drainage system (foul and surface water drainage) and connection to the public water main.

2. Contact should be made with the Area Roads Engineer in connection with the requirements of conditions 2 - 6 inclusive. Contact: 01546 604655.

3. It is understood that the applicants anticipate gaining control of additional land to the south of plots 4 - 6 upon the granting of this consent. It would be helpful to the overall integration of this development within the settlement of Minard, when landscape details are submitted to discharge condition 9 above, that these also incorporate landscaping proposals for the area between the site and the Free Church/Inver Cottage, assuming that this additional land becomes within the applicants’ control.

4. In respect of the requirements of condition 11 above, in the event that there should prove insufficient local demand for such provision, and evidence is provided to the Council to that effect, and in circumstances where the dwelling(s) have remained unoccupied for a significant period, it would be open to the applicants to apply to have the condition removed by way of an application for planning permission.

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APPENDIX RELATIVE TO APPLICATION: 06/01723/DET

A. POLICY OVERVIEW

‘Mid Argyll Local Plan’ 1985 (1st Alt. 1989 and 2nd Alt. 1993)

Policy HO12: allocates this site and neighbouring land (totalling 2.2 hectares) for residential development to accommodate in total an estimated 14 dwellings.

The area designated in the allocation, in addition to this application site, includes the upper and lower portions of this same field and the larger neighbouring field to the south- west up to the Auchgoyle Burn.

'Argyll & Bute Local Plan' (Finalised Draft) 2005

Policy H-AL 12/19: continues to allocate this site and same accompanying area for housing purposes, estimating the entire area to provide 16 dwellings, at least 25% of which should be ‘affordable’.

The Council has received objections to this allocation as part of the local plan consultation process. It cannot therefore be accorded weight in the determination of the application, which remains to be considered in the light of adopted development plan policy. .

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

The applicants submitted an application for 6 detached dwellings on this same parcel of land in December 2005. This was withdrawn on the 14.08.2006. At that time 12 Victoria Park households objected whereas now it is a lesser number of 6 households.

The present application differs from the previous one in two major respects. The present application incorporates the provision of two affordable dwellings (in the form of a pair of semi-detached dwellings), and a more substantial landscaped screen is now intended between the existing dwelling known as Tigh-na-Bruaich and the nearest of the proposed dwellings.

(ii) Consultations

Development Plans Manager - The site is within an area identified as an allocation (POL HOU 12) for housing in the adopted statutory ‘Mid Argyll Local Plan’ (2nd Alteration). The Adopted Local Plan therefore supports the development of this site for housing purposes. The Finalised Draft ‘Argyll and Bute Local Plan’ also identifies this area as a housing allocation. As a result of the Local Plan consultation process, the West Loch Fyne Community Council along with the Victoria Park Residents Association, and one other individual have objected to this proposed allocation. Two other individuals have objected to the proposed potential development area (PDA 12/37) to the north east and have also made reference to the proposed allocation. The current application should continue to be assessed against the policies of the Adopted Local Plan. This planning history would also form the basis of any case for the Planning Authority at a Public Local Inquiry in to the ‘Argyll and Bute Local Plan’.

Trunk Roads Authority (letter dated 05.09.06) - no objections or conditions to be attached in relation to the existing junction of Victoria Park with the A83(T).

Area Roads Manager (reports dated 11 & 13.09.06) - The existing access road is private and should be brought up to adoptable standard to support this additional development. The new access road within the application site should also be

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constructed to an adoptable standard. No objections are raised to the proposal subject to the above and conditions to address matters of detail. (The works to upgrade the existing road to adoption standard would entail, provision of one footway and street lighting, the provision of a grass service strip on the opposite side of the carriageway, implementation of traffic calming measures, and drainage and surfacing to be checked and repaired as necessary).

Scottish Water - no objections. Both Scottish Water’s sewer network assets and water network infrastructure have adequate capacity to accommodate this development at this time. The proposal should be conditional upon a totally separate drainage system with surface water discharging to a suitable outlet. The principle of a sustainable urban drainage system (SUDS) will be supported.

West Loch Community Council – no response to date. It should be noted that the community council raised objections to the previous withdrawn application (05/02600/DET). Any response will be reported verbally at Committee.

(iii) Publicity

The proposal has been advertised under Article 9 (Vacant Land). The period for representations ended on the 08.09.06. Seven letters of objection have been received from the parties listed below:

The Victoria Park Residents Association (later dated 28.08.06); and the following residents of Victoria Park: John W. McNulty, Tighnabruiaich, Victoria Park (letter dated 28.08.06); Francis and Eileen Penman, Grianan, Victoria Park (letter dated 27.08.06) ; H. Sharp, Greenbank, Victoria Park (letter dated 26.08.06); Mrs. L. J. Allen, Stormbank (previously called Ardach), Victoria Park (letter dated 28.08.06); D. Berndt, Barrosa, Victoria Park (letter dated 29.01.06); David Fife-Jackson, Loch Fyne Sealladh, Victoria Park (letter dated 30.09.06)

The Victoria Park Residents Association have raised the following issues:

• The access proposed for this development is from our private road. The Association and its members are not prepared to grant access. We each own part of the road and have title in our deeds, and we each have responsibility for maintenance.

Comment : This is a private legal matter. The applicants have supplied a copy of the Deed of Conditions, in particular the fourth clause, which appears to give M & K Mcleod Ltd the right to use, upgrade and extend the Victoria Park road. The recommended conditions prevent any houses being developed until as such time as the relevant section of the Victoria Park road is upgraded to an adoption standard. This enables what is a private legal matter to be kept outside of the planning assessment, by ensuring that development can only progress with the appropriate road infrastructure in place.

• We have been informed by the Council that Victoria Park road cannot be adopted in its entirety and therefore have withdrawn any consideration of allowing access.

Comment: It is correct that the only part of the Victoria Park road system (from the Trunk Road up to the proposed site) is intended to be brought up to adoption standard in connection with the development proposed. The further sections of the original road system are extremely narrow, too steep in parts, and with some acute bends and and because of land ownership constraints could not be improved to an adoptable standard. In any event, the traffic that will be generated by this development would not have to traverse through these higher sections of Victoria Park, so the future of these stretches of road are unconnected with the proposals at hand.

• The proposed access is through the Victoria Park play area which has been maintained by residents for 20 years and will remain so.

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The land in question is a grassed area which appears to have been used informally by children playing. It is not a formal children’s play area.

• Neither residents nor any developer has a right of access from Victoria Park to anywhere; and any remaining pockets of ground within our scheme in developer’s ownership has not been exercised in the last 20 years and has fallen. We are prepared if necessary to prove this.

Comment : This is a private legal matter and not a planning consideration.

• The development is out of keeping with Minard because of small plot sizes. .

Comment : This point is made because dwellings in Victoria Park stand in unusually large plots. Whilst the present proposal has plots which are about half the size of those of existing properties, the area of land for each dwelling is adequate and comparable with developments elsewhere. The size of the average plot in the proposal is 34 x 19m with front garden depths of 10-15m and rear garden depths of 13-18m. There is no presumption against a mix of types of houses and sizes of plots in settlements (other than in the case of those which are subject to special status, such as conservation areas).

• Concerns that the Scottish Water sewage system will not cope with the number of dwellings ultimately proposed.

Comment : The proposal before the Council at this time is for 6 dwellings, and Scottish Water have confirmed their new system can accommodate the necessary connections.

• Concerns that the electricity supply will not cope.

Comment: It would be incumbent upon the developer to finance any upgrading necessary to secure connections.

• Concerns that the village infrastructure will not cope.

Comment : Roads, foul drainage, and electricity have been covered above. Scottish Water have no objections either in relation to water supply. The local primary school which has a capacity for teaching 33 children, presently has a school role of 18 pupils, with ample spare capacity.

• We do not believe there is a demand for the development and as a consequence building works will last for years.

Comment : The Development Plan process caters for need rather than demand (which is normally in excess of need), and the statutory and emergent plans have recognised this need by designating the area as a Housing Allocation.

• Concerns about disturbance to the quite nature of the locality through building work.

Comment : Short term disturbance whilst building work progresses is not a reason for the refusal of permission.

The following additional points of representation were made from the various individuals, who in the main also highlighted the same point as expressed by their Residents Association about the Victoria Park road:

In relation to highway matters:

• Planning permission should only be given if an alternative access to the Victoria Park road is found.

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Comment : The development of this site through the upgrading of the Victoria Park road is acceptable in planning and highway terms, provided it is legally achievable. There is presently no other practicable means of access to this site which could be considered..

• If, as according to the planning application, M & K Macleod do not own the piece of land needed to connect the current roadway in Victoria Park with the roadway in the field, how can Macleods progress if the owner of this intervening parcel of land objects.

Comment: This,like the first point of objection,is a private matter. If the developers are unable to connect with the present road system due to some legal impediment, they will not be able to progress the development at all because of the terms of the conditions recommended.

Scale of development and design:

• The proposed development is known to be the first stage of a much larger development involving dozens and at least 30 new houses which would radically and disastrously alter Minard.

Comment : There is no substance to this comment. The Local Plan not only defines the area of land given over as a Housing Allocation, but also prescribes a lower number of dwellings than postulated here. The indicative plan accompanying this application (though not part of it) illustrates a scheme consistent with the Local Plan and that shows an additional 11 dwellings to the 6 presently applied for.

• The type of houses proposed, one and a half storey, are not in keeping with Victoria Park. Their design is unsympathetic and unsuitable.

Comment: The dwellings in Victoria Park are single storey. These slightly higher and differenlyt styled dwellings are nonetheless perfectly acceptable within the context of Minard.

Other matters:

• The development will involve the destruction of the natural habitat of some rare local species and the destruction of a copse of developing Rowan trees.

Comment: The application site under question is only for dwellings which would be developed on part of a field. Nearby but beyond the application site (not even considered for future development in the indicative plan) is the burn which runs through a small ravine. Scottish Natural Heritage have been approached and confirm that no rare species worthy of protection are known to be living within the application site.

• Another businessman has had planning permission to develop the field to the north west of Victoria Park accessible by Inverae Road. The present proposal in conjunction with this would ruin Minard.

Comment: With the exception of a single dwelling, no planning permission exists nor has any application been submitted in respect of the development of this other field.

• The development cannot be called Victoria Park or the Victoria Park extension, as Victoria Park was completed in 1989.

Comment: Naming of the development by the developer, or indeed street naming, is not a planning matter.

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C. ASSESSMENT

The proposal seeks to develop approximately the first quarter of a 2.2 hectare land allocation identified for housing purposes by the ‘Mid Argyll Local Plan’ in 1993. The release of this land for development has been prevented by infrastructure constraints, in particular the previous inability to properly service the site in terms of foul drainage. Because the site has not been developed to date, it is proposed to reaffirm the allocation in the emerging new local plan. Whilst objections to this further allocation have been received, and the new plan may not be given weight as a consequence, the proposal conforms with the adopted Development Plan and therefore the principle of the development of this land has already been established through the development plan process.

The proposal seeks to develop a 0.51 ha site, with access via the existing private residential estate of Victoria Park. The allocation is essentially land locked on its other sides by existing development adjoining the trunk road, the Auchgoyle Burn to the south-west, and the restrictions associated with the narrow Inverae Road some distance away to the north-west.

The application seeks to develop an access road through the middle of the site, as an extension of Victoria Park, with 1 detached one-half storey dwelling and a pair of one and a half storey semi-detached dwellings (identified as ‘affordable houses’) on the upper portion of the site, separated by a new access road from three detached dwellings occupying the lower portion, which are similar in size and character to the others. The access road is to be built to adoption standard with pavement and adoptable turning head at the end. The alignment of the proposed access is arranged to enable the rest of the housing land allocation to be serviced by a future extension of this road at a later date, subject to further planning permission being obtained. This aspect of the layout is important so that the remainder of the housing allocation is not sterilised. An indicative plan has been submitted to show how this further land could be developed in accordance with the local plan allocation and to provide a further 11 dwellings with landscaping. This indicative submission does not form part of the development for which approval is now being sought.

Objections have been received to this proposal, the details of which are given above. The principal concern appears to be the consequences of the development upon the present private road serving Victoria Park. The applicants intend to upgrade at their expense the first section of Victoria Park, between the Trunk Road and the application site, to meet adoption standards. It appears many of the residents of Victoria Park would remove their access objection if the applicants also agreed to bring the remainder of the road system within Victoria Park (i.e. beyond the access point to the current site) up to adoptable standard at the same time. The applicants are not prepared to consider this, firstly as is not necessary to serve the development proposed, and secondly, because it is difficult to achieve, given the geometry and narrowness of the remainder of the private road system. It would be wholly unreasonable to seek to require a full upgrade of the whole Victoria Park road system in connection with this application. Indeed, the Roads Engineer has indicated to the applicants that the upper single carriageway section of Victoria Park because of its gradient and geometry would not be capable of being brought up to an adoption standard.

Having regard to their desire to see the private road system be adopted in its entirety, and in a bid to potentially block the development unless the demands of the Victoria Park Residents Association are met, some objectors have expressed the view that they can prevent the upgrade of the first portion of the Victoria Park Road on the basis that it is they alone who own the road. However, the applicants have confirmed that whilst they do not own the road, as previous owners of the land, they have secured in Title their continued right to upgrade the road structure and put in servicing arrangements. Assuming that this is the case their ability to put in place the necessary infrastructure to serve further development (appropriate road works, water supply and drainage connections) is therefore preserved. It is recommended that any consent be

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conditioned to require road works to be implemented in advance of other elements of the development, thereby ensuring that any private disputes between the residents and the developers concerning the status of the road must be resolved in advance of development taking place.

Accepting that the principle of the development is established by local plan policy, and access improvements to meet the Area Roads Engineer’s requirements are achievable, the remaining issues to be considered are density, layout and design.

The dwellings proposed are situated in much smaller plots than the large areas of garden ground associated with the existing dwellings at Victoria Park, although the ground floor area of the dwellings is comparable to many of the existing properties. The proposed layout is therefore more dense as a consequence, than the particularly low density found within the existing estate. The proposal provides for front garden depths generally averaging 11 metres, and rear garden depths generally averaging 15 metres. This standard, with separation between dwellings of the order of 36 to 41 metres is well within acceptable limits, particularly given the absence of any conservation or townscape character designation in Minard.

The existing Victoria Park dwellings are bungalows, whilst this proposal seeks one and a half storey dwellings. To accommodate these dwellings it also seeks a modest alteration in the levels of this sloping hillside which drops toward Loch Fyne to the south-east. Within the upper portion of the site a modest cut of about 1 metre is proposed in the upper portion and rear garden part of the plots. Within the lower portion of the site a modest fill in the lower portion and rear garden area of the plots of again about 1 metre is proposed. The details of the design of what are to be gabled detached dwellings, incorporates a ridge height of 6.6 metres above ground floor level, but with an additional under-building of 1 metre on the road facing elevations of plots 1 - 3. It is proposed that a condition be imposed to soften the impact of any under-building within these plots by requiring further re-contouring of their front gardens through the importation of soil into those parts of the site. Whilst the character of the properties, with their peaked roof dormers, does differ from the bungalows in Victoria Park, I do consider that their character and design is unacceptable for an allocated housing site in an existing settlement, where a variety of sizes and styles of housing could be reasonably expected.

With regard to privacy and amenity issues, the Council’s standard seeks to achieve a minimum of 18 metres between facing windows within estate development. It is clear that this standard will be met comfortably. The property ‘Tigh-na-Bruaich’ adjoins the application site, with significant area of decking within its garden extending up to the boundary, where its height above ground level is significant. Therefore, in order to secure privacy for the future occupiers of plot 1, a significant landscaped screen is proposed within the 5-8 metre wide strip within the application site which separates the existing and proposed properties.

In terms of childrens’ play, the proposal makes no provision, with none being required for a small scale development of only 6 dwellings. Play provision will become a relevant consideration in respect of future development within the remainder of the Local Plan housing allocation.

In terms of infrastructure, the opportunity for the development has been brought about by the recently installed Scottish Water community septic tank, which replaces the historic untreated discharge to the loch. Members of the public have raised concern about drainage issues, but Scottish Water have confirmed that there is not a constraint in their ability to service it in terms of foul drainage, surface water drainage, or water supply.

The proposal now addresses the need to have an appropriate proportion of the dwellings as ‘affordable housing’, given that the emergent local plan provides that a proportion of housing land allocations should be used to make such provision, 2 out of the 6 being plots being so designated. The means by which these two affordable houses are delivered is covered by a recommended condition.

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This page is intentionally left blank Page 61 Argyll and Bute Council Agenda Item 12 Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

18 September 2006 Page 1 of 8 Page 62 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

06/01804/NMA Mr And Mrs A Stewart 23/08/2006 12/09/2006 PER The Castle Lochgair Argyll And Bute PA31 8SD

Non material amendment to previous consent 00/00100/DET - Renovation of castle, conversion of outbuilding to form ancillary domestic accommodation and formation of hardstanding to site caravan for ancillary domestic use with connection to services - amendment to include formation of window on east elevation and minor internal alteration

06/01676/DET Mr And Mrs J. McLean 04/08/2006 04/09/2006 PER Derwent Ardnacraig Avenue Campbeltown Argyll And Bute PA28 6JP

Extension to dwellinghouse

06/01664/DET Mr And Mrs R. Cowie 02/08/2006 04/09/2006 PER Callibruaich 3 Hazelbank Court Campbeltown Argyll And Bute PA28 6EZ

Two storey extension to dwellinghouse

06/01658/DET James Stevenson 07/08/2006 08/09/2006 PER Former Babettes Dance Hall High Street Campbeltown Argyll And Bute

Erection of dwelling house (Plot 1)

06/01632/DET Mr And Mrs MacMillan 26/07/2006 04/09/2006 PER Land South East Of Culag Southend Argyll And Bute

Erection of dwelling house and installation of septic tank

06/01629/COU Allison Craig 11/09/2006 PDD Craigmore East Machrihanish Argyll And Bute PA28 6PZ

Partial change of use from dwelling to dwelling with child minding business

06/01618/COU Duncholgan Playgroup Management Committee 24/07/2006 21/08/2006 PER Duncholgan Travelling Peoples Site Kilmory Lochgilphead Page 63

Argyll And Bute PA31 8RT

Siting of portable building for use as playgroup/community use at pitch 14

06/01616/DET The Owners 25/07/2006 30/08/2006 PER Cragfoot Harbour Street Tarbert Argyll And Bute

Replacement of concrete tile roof covering with spanish slate

06/01598/OUT Mr Duncan Johnson 17/07/2006 06/09/2006 PER Plot 1 South Moy Farm Campbeltown Argyll PA28 6PF

Demolition of farm buildings and erection of dwelling house

06/01588/ADV Clydesdale Bank 19/07/2006 30/08/2006 PER Clydesdale Bank Plc Poltalloch Street Lochgilphead Argyll And Bute PA31 8LL

Erection of one replacement hanging sign

06/01587/ADV G.S Insurance Brokers 19/07/2006 13/09/2006 PER G.S Insurance Brokers Burnbank Street Campbeltown Argyll And Bute PA28 6JD

Erection of 2 internally illuminated signs

06/01574/OUT Scottish Woodlands Ltd 18/07/2006 05/09/2006 PER Land South Of Clachaig Kilberry By Lochgilphead

Site for erection of dwelling house

06/01566/OUT Mr Duncan Johnston 17/07/2006 06/09/2006 PER Plot 2 South Moy Campbeltown Argyll And Bute PA28 6PF

Demolition of farm buildings and erection of dwelling house

06/01565/COU Mr Robin Parry 27/07/2006 11/09/2006 PDD Page 64 Site South West Of Crinan Cottages Crinan Argyll PA31 8SW

Erection of contractor's compound

06/01547/DET Mr And Mrs Reid 14/07/2006 21/08/2006 PER Avenue Cottage The Avenue Inveraray Argyll And Bute PA32 8YX

Erection of lean-to roof over existing flat roof

06/01540/DET John Scott 13/07/2006 30/08/2006 PER Islay House Garval Road Tarbert Argyll And Bute PA29 6TR

Installation and formation of new windows on end elevation, erection of shed and formation of one additional parking space

06/01524/LIB Dawn Gilfellon 12/07/2006 31/08/2006 PER Unit 1 Main Street East Inveraray Argyll And Bute PA32 8TP

Erection of sign

06/01516/DET Alan And Fiona McGhee 13/07/2006 22/08/2006 PER 2 Distillery Houses Caol Ila Isle Of Islay Argyll And Bute PA46 7RJ

Erection of conservatory

06/01489/DET Shirley Stark 17/07/2006 24/08/2006 PER 9 Easfield Tarbert Argyll And Bute PA29 6TJ

Replacement windows and installation of patio doors

06/01482/DET G. Mac Naughton And Sons 07/07/2006 17/08/2006 PER Land North Of Laggan Kilmartin Argyll And Bute

New sewage treatment works

06/01475/DET Nicola Spokes 06/07/2006 21/08/2006 PER Lagluing Campbeltown Road Tarbert Page 65 Argyll And Bute PA29 6SX

Erection of garage and garden shed and formation of vehicluar access

06/01452/DET Bob And Sheena Callander 03/07/2006 22/08/2006 PER Craigard Ardfern Argyll And Bute PA31 8QN

Alterations and extension to dwellinghouse

06/01451/DET Mr And Mrs N. Linzee-Gordon 03/07/2006 22/08/2006 PER Barrachourin Kilmartin Argyll And Bute PA31 8QF

Alterations and extension to dwelling house

06/01440/REM Mr Duncan MacGregor 03/07/2006 22/08/2006 PER Land South Of Redhouse Whitehouse Argyll And Bute

Erection of detached dwelling and installation of sewage treatment plant

06/01438/LIB Islay Estates Co 30/06/2006 25/08/2006 PER The Old Bothy Islay House Square Bridgend Isle Of Islay Argyll And Bute PA44 7NZ

Erection of replacement external staircase

06/01418/DET Iain And Robann 18/07/2006 21/08/2006 PER Duine Craignish Argyll And Bute PA31 8QN

Extension to dwelling and installation of septic tank

06/01363/DET The National Trust For Scotland 29/06/2006 18/08/2006 PER Crarae Gardens Visitor Centre Crarae Argyll And Bute PA32 8YA

Provision of workshop/bothy, glasshouse, propogating shed, office and extension to toilets

06/01359/LIB Mrs MacArthur 26/06/2006 22/08/2006 PER 4 Royal Mews Glenburn Road Ardrishaig Argyll And Bute PA30 8EU

UPVC double glazed windows and door to replace aluminium units Page 66 06/01356/DET McFadyens Contractors Ltd 11/09/2006 WDN Land West Of Dhurrie Farm By Campbeltown Argyll

Change of use of disused gravel quarry to wind turbine equipment storage area

06/01351/OUT Mr R. Anderson 22/06/2006 28/08/2006 WDN Land South East Of Ardnafadmore Cottage Carsaig Tayvallich Argyll

Erection of dwelling house

06/01271/DET Mr James Young 15/06/2006 18/08/2006 PER Plot 3 Land North Of Laggan Kilmartin Argyll And Bute

Erection of dwelling house

06/01258/DET Mr And Mrs Dodd 31/07/2006 11/09/2006 PER Caravan No 3 Barnakill Farm Cairnbaan Argyll And Bute PA31 8SQ

Erection of 2 garden sheds

06/01248/LIB Caledonian Trust Plc 13/06/2006 28/08/2006 PER Ardpatrick House Ardpatrick Argyll And Bute PA29 6YA

Internal and external alterations associated with sub-division into four dwellinghouses

06/01240/OUT Mr And Mrs D Batty 20/06/2006 12/09/2006 WDN Kirnan Farm Kilmichael Glen Argyll And Bute PA31 8QL

Demolition of agricultural buildings and erection of three houses

06/01229/DET Ron And Corinne Mills 08/06/2006 30/08/2006 PER Site At Ruinous Settlement Of Fearnoch Kilmichael Glen Argyll And Bute

Erection of a house and garage, installation of a sewage plant

06/01213/DET Mr And Mrs I. McGeachy 07/06/2006 22/08/2006 PER 120 Ralston Road Campbeltown Argyll And Bute Page 67 PA28 6LQ

Erection of conservatory

06/01211/OUT Bill Meeson And Others 13/07/2006 22/08/2006 PER Tigh An Raat Inveraray Argyll And Bute

Redevelopment of site of ruin to form building for use as holiday accommodation

06/01172/DET Mr And Mrs Weatherhogg 05/06/2006 23/08/2006 PER Plot B Conabus Valley Port Ellen Isle Of Islay Argyll And Bute

Erection of a dwelling house

06/01076/ADV The Oban Times Ltd 27/07/2006 31/08/2006 PER The Courier Centre 2 Longrow South Campbeltown Argyll And Bute PA28 6AH

Erection of non-illuminated fascia sign

06/00891/DET Mr And Mrs Angus MacIntyre 15/05/2006 24/08/2006 PER The Walled Garden The Avenue Inveraray Argyll And Bute

Construction of 2 single storey courtyard houses

06/00876/LIB Mr And Mrs Allan 26/04/2006 18/08/2006 PER 5E Flemings Land Castlehill Campbeltown Argyll And Bute PA28 6AN

Installation of replacement timber double glazed windows

06/00831/DET Mr Alan Stewart 06/07/2006 22/08/2006 PER 10 Fernoch Crescent Lochgilphead Argyll And Bute PA31 8AE

Erection of decking to rear of dwelling (retrospective)

06/00751/NMA Steven Read 03/04/2006 23/08/2006 PER Gorton Farm Hillside Road Campbeltown Argyll And Bute

Page 68 PA28 6NL

Non-material amendment to Planning Consent 05/01488/DET - change in roof material from natural slate to concrete tile

06/00615/OUT Mr Ross Telfer 24/03/2006 24/08/2006 PER Land South West Of Old Post Office Droineach Tayvallich Argyll And Bute PA31 9PQ

Erection of dwellinghouse

06/00388/OUT Mr And Mrs Underwood 25/02/2006 11/09/2006 PER Land North West Of Carraig Fhada Farm Port Ellen Isle Of Islay Argyll And Bute

Erection of two dwelling houses

06/00326/DET Paul And Jacqeuline Currie 14/02/2006 11/09/2006 WDN Plot North East Of North Ardminish Isle Of Gigha Argyll And Bute PA41 7AA

Erection of a dwelling house

06/00253/LIB Mr And Mrs David Mayo 07/02/2006 16/08/2006 PER Bellgrove Askomil Road Campbeltown Argyll PA28 6EN

Internal and external alterations to dwelling

05/02437/DET Mr And Mrs Greetham 06/12/2005 22/08/2006 PER 'Green Oak' Low Askomil Road Campbeltown Argyll

Demolition and replacement of existing gatehouse to form ancillary residential accommodation to 'Greenoak'

05/01826/OUT Bill Meeson And Others 02/09/2005 28/08/2006 WDN Tigh An Raat Inveraray Argyll

Erection of a 1 1/2 storey domestic dwelling (redevelopment of ruin) Page 69 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01082/ERD/I M And K Macleod Ltd 29/08/2006 30/08/2006 30/08/2006 WARAPP

Land North West Of Fernoch Crescent Fernoch Crescent Lochgilphead Argyll Erection of 10 dwelling houses - amendment to warrant reference number 04/01082/ERD granted 20th Janaury 2005 - amend external drainage and toilet extract route to Plot 8 only

04/01420/ERC/A George Brolly 17/08/2006 04/09/2006 06/09/2006 WARAPP

Land Intended For Sewage Treatment Works, Glassard Isle Of Colonsay Installation of communal treatment system for sewage drainage - amendment to drainage layout

05/00521/ERD/A Ross MacMillan And Shona Ramsay 04/08/2006 09/08/2006 18/08/2006 WARAPP

Plot A Land East Of Coultorsay Bruichladdich Isle Of Islay Erection of a dwelling house and garage - amendment to warrant 05/00521/ERD granted 18th May 2005 - change of ramp layout and entrance platt to French doors

05/00732/ERD/B M And K Macleod Ltd 16/08/2006 17/08/2006 17/08/2006 WARAPP

Plot 1to 4 Between Westlea And The Rest Campbeltown Road Tarbert Argyll Proposed erection of 4 terraced, two storey, 3 apartment timber framed dwelling houses - amendment to Warrant 05/00732/ERD granted 14th September 2005 - amended layout and kitchen access

05/01196/ERECDW/B M And K Macleod Ltd 30/08/2006 31/08/2006 31/08/2006 WARAPP

Phase 6 Baddens Lochgilphead Argyll

Erection of 12 new dwelling houses- Stage 1 - foundations, substructure and underground drainage only - amendment to warrant 05/01196/ERECDW granted 11th April 2006 - omittance of internal non-load bearing partition between kitchen and dining area with external steps from patio door indicated on plans

05/01306/ERECDW/1 Mr And Mrs K MacLennan 22/05/2006 01/06/2006 11/09/2006 WARAPP

Taigh Na Seanahair Tayvallich Lochgilphead Argyll PA31 8PW Erection of 1+1/2 storey timber framed seven apartment dwelling house - Stage 2 - underground drainage

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 1 of 8 Page 70 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 05/01406/INSTAL Dugald Graham 09/09/2005 20/09/2005 30/08/2006 WARAPP

Land Adjacent To Low Smerby Farm Peninver Campbeltown Argyll Installation of a sewage treatment plant for 2 proposed new dwellings

05/01489/ALTEXT/A Mr And Mrs Adair 03/04/2006 24/04/2006 28/08/2006 WARAPP

7 - 8 Castle Park Kilmartin Lochgilphead Argyll PA31 8RW Single storey rear extension to form dining room to no 7, dining kitchen with utility and WC to no 8 and relocation of no 7 oil tank, with associated internal alterations - amendment to warrant reference 05/01489/ALTEXT granted 12.10.05 - to delete extension to No. 7 Kilmartin and amend roof specification to GRP membrane. 05/01686/CONV02 Mr And Mrs Colin Beazley 18/11/2005 23/11/2005 31/08/2006 WARAPP

Leim Farm Isle Of Gigha PA41 7AD

Alterations to dwelling and change of use of outbuildings to form habitable accommodation

05/01724/ERECDW Mr And Mrs Muir 01/12/2005 05/01/2006 07/09/2006 WARAPP

Plot 2 Land 200m South West Of Auchencorvie Cottages Campbeltown Argyll Erection of a 4 apartment single storey timber framed dwelling house and new double garage.

05/01817/EXTEND Mrs McKerutan 28/12/2005 04/01/2006 31/08/2006 WARAPP

Freeport Cottage Caolila Port Askaig Isle Of Islay

Demolition of existing bedroom and outbuilding and erection of single storey extension consisting of kitchen, utility room, bathroom and bedroom

06/00073/CONV04 Whyte + MacKay Ltd 20/01/2006 03/02/2006 04/09/2006 WARAPP

Isle Of Jura Distillery Co Craighouse Isle Of Jura PA60 7XT Internal alterations to existing structure with new services throughout. (Retrospective)

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 2 of 8 Page 71 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/00144/ERECDW Mr And Mrs Iain MacDonald 07/02/2006 09/02/2006 21/08/2006 WARAPP

Lussa View Peninver Campbeltown Argyll PA28 6QP

Erection of a 1+1/2 storey timber framed 5 apartment dwelling house with attached garage and installation of bio-disc sewage plant

06/00280/ERECDW/1 Mr And Mrs Braithwaite 19/05/2006 02/06/2006 11/09/2006 WARAPP

Land North Of Auchentenavil Tayvallich Argyll And Bute Erection of a two storey, 6 apartment timber framed dwelling house - Stage 2 - external drainage and installation of Titan P12 Biotec sewage treatment plant and soakways

06/00517/ALTEXT Mr And Mrs Raymond Mitchell 18/04/2006 26/04/2006 07/09/2006 WARAPP

Creag Ruadh Kilkerran Road Campbeltown Argyll And Bute PA28 6RB Single storey timber framed side extension to form porch/utility room and infill existing patio door

06/00533/MULTIP Mr Alan Stewart 20/04/2006 24/04/2006 25/08/2006 WARAPP

10 Fernoch Crescent Lochgilphead Argyll And Bute PA31 8AE Erection of decking space with patio doors, removal of part wall between lounge/dining room and removal of partition wall in kitchen.

06/00669/ALTER S Hampton 18/05/2006 06/06/2006 06/09/2006 WARAPP

13 Sealand Peninver Argyll And Bute PA28 6QP

Alterations to re-site entrance door and infill lobby to extend bathroom

06/00703/EXTEND Mr And Mrs Johnston 23/05/2006 07/06/2006 28/08/2006 WARAPP

Maggie Thomsons Cottage Scalasaig Isle Of Colonsay Argyll And Bute PA61 7YW Erection of heated conservatory

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 3 of 8 Page 72 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/00755/MULTIP M Telfer 01/06/2006 12/06/2006 06/09/2006 WARAPP

2 Braeface Tayvallich Argyll And Bute PA31 8PN

Single storey rear extension to form kitchen, dining and utility area, with associated internal alterations to form en-suite to enlarged bedroom

06/00776/ERECDW M And K MacLeod Ltd 05/06/2006 15/06/2006 25/08/2006 WARAPP

Land North Of Pipers Road Cairnbaan Argyll And Bute

Erection of 2 No. Blocks of six terraced two storey 4 apartment timber framed dwelling houses

06/00818/MULTIP Gigha Heritage Trust 12/06/2006 20/06/2006 28/08/2006 WARAPP

2 Gigulum Isle Of Gigha Argyll And Bute PA41 7AD

Refurbishment and alterations to existing cottage

06/00819/MULTIP Gigha Heritage Trust 12/06/2006 20/06/2006 31/08/2006 WARAPP

1 Woodside Ardminish Isle Of Gigha Argyll And Bute PA41 7AD Alterations and refurbishment to existing single storey cottage

06/00820/MULTIP Gigha Heritage Trust 12/06/2006 20/06/2006 28/08/2006 WARAPP

1 Gigulum Isle Of Gigha Argyll And Bute PA41 7AD

Proposed alterations and refurbishment

06/00831/ALTEXT Mr And Mrs Johnston 14/06/2006 23/06/2006 13/09/2006 WARAPP

19 Balliemore Am Baille Mhor Kilmichael Glassary Argyll And Bute PA31 8QD Erection of a 1+1/2 storey extension to form sun lounge and bedroom 3, with internal alterations forming stairs and shower room, also decking area to sun lounge

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 4 of 8 Page 73 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/00848/ALTER Gigha Heritage Trust 16/06/2006 20/06/2006 29/08/2006 WARAPP

Gallochoille Isle Of Gigha Argyll And Bute PA41 7AD

Refurbishment and alterations to existing cottage

06/00897/ALTER Gigha Heritage Trust 26/06/2006 11/07/2006 31/08/2006 WARAPP

Gallochoille Isle Of Gigha Argyll And Bute PA41 7AD

Refurbishment and alterations to existing cottage

06/00916/ERECDW Tintoside Developments Ltd 28/06/2006 14/07/2006 24/08/2006 WARAPP

The Mill Lagavulin Whitehouse Argyll And Bute

Erection of two 1 1/2 storey timber framed dwelling houses, with associated treatment plants

06/00934/ALTEXT Mr Bowie 30/06/2006 11/07/2006 11/09/2006 WARAPP

Beth Shean The Oa Isle Of Islay Argyll And Bute PA42 7AX Extension to form a heated conservatory with slapping forming access from kitchen

06/00950/ALTEXT Mr And Mrs M Blanchflower 04/07/2006 19/07/2006 25/08/2006 WARAPP

Balloch Farm Chiskan Road Campbeltown Argyll And Bute PA28 6PN Proposed internal alterations to form additional bedroom and en-suite facilties

06/00980/ERECDW The Church Of Scotland Tarbert Congregation 11/07/2006 20/07/2006 11/09/2006 WARAPP

Land West Of Conchra Campbeltown Road Tarbert Argyll And Bute Erection of a 7 apartment 1+1/2 storey timber framed dwelling house

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 5 of 8 Page 74 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/01015/ERECDW Andy Grant 19/07/2006 27/07/2006 11/09/2006 WARAPP

Achnamara Post Office Achnamara Lochgilphead Argyll And Bute PA31 8PX Erection of a one and a half storey timber framed dwelling house

06/01031/INSTAL NHS Highland Argyll And Bute 21/07/2006 26/07/2006 31/08/2006 WARAPP

Islay Hospital Gortonvogie Road Bowmore Isle Of Islay Argyll And Bute PA43 7JD Upgrading of existing sewage system

06/01032/ERECT S MacDonald 21/07/2006 27/07/2006 28/08/2006 WARAPP

Site 5 Tarbert Industrial Estate Tarbert Argyll And Bute PA29 6TX Erection of new workshop/office

06/01107/CONV01 Mr B. Gibson 08/08/2006 09/08/2006 13/09/2006 WARAPP

5 Fernoch Drive Lochgilphead Argyll And Bute PA31 8PZ Conversion of loft space by replacing roof trusses with attic trusses and forming en-suite bedroom, nursery, 2 further bedrooms, install new staircase and remove chimney

06/01145/ERECDW Mr Andrew Starkey 14/08/2006 16/08/2006 04/09/2006 WARAPP

27 High Street Campbeltown Argyll And Bute PA28 6DS Erection of a 1 1/2 storey dwelling - Stage 1- substructure and drainage only

06/01157/ALTER Mr Sinclair 16/08/2006 18/08/2006 18/08/2006 WARAPP

7 Queen Elizabeth Cottages Furnace Argyll And Bute PA32 8XX Alterations to remove existing living room window and panel below and replace with French doors

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 6 of 8 Page 75 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/01158/CONV01 Mr And Mrs M.M McNicholl 16/08/2006 23/08/2006 06/09/2006 WARAPP

Meall A Charnan Upper Kilchattan Isle Of Colonsay Argyll And Bute PA61 7YR Conversion of attic space to form 2 bedrooms, 1 bathroom, storage cupboards and install new staircase

06/01175/INSTAL Mr And Mrs D Graham 21/08/2006 23/08/2006 28/08/2006 WARAPP

9 Bayview Machrihanish Argyll And Bute PA28 6PX

Installation of patio doors to existing window opening to east elevation

06/01199/ALTER CMC Ship Chandlers 25/08/2006 30/08/2006 07/09/2006 WARAPP

CMC Ship Chandlers Burnside Street Campbeltown Argyll And Bute PA28 6JE Remove existing sliding timber door and replace with automatic glazed sliding door and glazed side screens

06/01204/ALTEXT Argyll And Bute Council 28/08/2006 31/08/2006 13/09/2006 WARAPP

Campbeltown Grammar School Hutcheon Road Campbeltown Argyll And Bute PA28 6JS Alterations and extension to form new stores and access ramp to kitchen

06/01205/EXTEND Mr And Mrs McMillan 28/08/2006 01/09/2006 13/09/2006 WARAPP

90 Sound Of Kintyre Machrihanish Argyll And Bute PA28 6GA Extension to rear to form an unheated conservatory

06/01213/EXTEND PPD Limited 30/08/2006 06/09/2006 07/09/2006 WARAPP

Unit 3 High Bank Park Industrial Estate Lochgilphead Argyll And Bute PA31 8NN Single storey rear extension to form new office area

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 7 of 8 Page 76 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/01215/EXTEND Mr And Mrs Marsh 30/08/2006 05/09/2006 08/09/2006 WARAPP

4 Port Ann Port Ann Argyll And Bute PA31 8SE

Extension to side of dwelling to form unheated conservatory

06/01246/ALTER Mr James McEachran 06/09/2006 07/09/2006 13/09/2006 WARAPP

Flat 1 Avondale High Askomil Campbeltown Argyll And Bute PA28 6EN Conversion of sitting room to kitchen and change existing kitchen to bedroom (retrospective).

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 8 of 8 Page 77 Agenda Item 13

ARGYLL AND BUTE COUNCIL MID ARGYLL, KINTYRE AND ISLAY AREA COMMITTEE DEVELOPMENT SERVICES 4th OCTOBER 2006

PROPOSED SITE OF SPECIAL SCIENTIFIC INTEREST AND SPECIAL PROTECTION AREA FOR BIRDS THE OA, ISLE OF ISLAY

1 SUMMARY

1.1 Scottish Natural Heritage has invited the Council to respond to a proposal to designate a Site of Special Scientific Interest (SSSI), and a Special Protection Area for Birds (SPA) under the European Union Habitats Directive, in respect of land around the western side of The Oa. The Council’s views are to be forwarded to SNH who are undertaking the consultation process, the results of which will be sent to the Scottish Ministers.

2 RECOMMENDATION

2.1 It is recommended that the Council should not raise objections to the proposed designations.

3 BACKGROUND

3.1 The Habitats Directive seeks the establishment of a network of Natura 2000 sites to conserve natural habitats and species of plants and animals which are rare, endangered or vulnerable in the European Community. The network is to include two types of area, namely, Special Areas of Conservation (SAC’s) to support rare, endangered or vulnerable natural habitats and species of plants or animals, and Special Protection Areas (SPA’s) to support significant numbers of wild birds and their habitats.

3.2 The proposal is to designate approximately one third of The Oa as an SPA, with the same area also being designated as an SSSI. The land to be included within the designation amounts to almost 2,000 hectares. It consists of a western coastal strip comprising a mixture of coastal and herb rich grassland and heath supporting livestock grazing. It also includes a separate inland section supporting unimproved grassland and heathland.

3.3 It justifies designation in view of the fact that it regularly supports a population of European importance of the Annex 1 species chough (Pyrrhocorax pyrrhocorax). The land has supported an average of 7.8 breeding pairs annually between 2001 - 2005 (which represents 2.2& of the UK population). The sea cliffs around the Mull of Oa have a number of caves and hollows in which chough nest and the surrounding area provides a mosaic of habitats which support the invertebrates on which chough feed. The land to be designated comprises three livestock farms, although RSPB owned land makes up the largest part of the site.

3.4 The purpose of the designations is to maintain the population of chough in the area by avoiding significant disturbance to nest sites and to support grazing management to maintain habitats in a suitable condition to support the invertebrate populations on which the chough feed. The effects of salt spray, the maintenance of a short sward through grazing and a supply of dung are important in this regard.

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4. CONSEQUENCES OF DESIGNATION

4.1 In the event of development being proposed within an SPA, the Council is required by legislation to undertake an ‘appropriate assessment’ to determine whether ‘qualifying interests’ would be adversely affected as a consequence of proposed works. In practice, advice is sought from SNH as to the likely effects of development upon protected species and their comments and recommendations inform the Council’s assessment of the nature conservation implications of development.

4.2 The EU Habitats Directive requires that only scientific factors can be taken into account in designations. Both SNH and the Scottish Executive are, however, aware of the socio- economic impact of designations, particularly where they are widespread in areas such as Islay. There is therefore a commitment to implementing the SAC programme through positive partnerships with those who live and work on the land. In terms of restrictions on development, it is often possible through discussion to modify potentially damaging proposals to avoid adverse impacts upon designated areas.

4.2 Experience elsewhere on Islay to date, has shown that the presence of chough should not necessarily be regarded as an inhibitor of development, but that their foraging and breeding requirements ought to be taken into account in order to avoid disturbance or displacement (by requiring developers to provide artificial nest sites to replace those lost in the reoccupation of derelict buildings, or by prohibiting construction works during the bird breeding season, for example). These requirements can usually be met by the imposition of conditions attached to planning consents.

4.3 As part of the designation process, Circular 6/1995 requires planning authorities to consider extant planning consents within proposed designations and to consider whether the implementation of such consents would have a significant effect on the ecological value of sites. The western side of The Oa is not an area which subject to any significant pressure for development. Most of the land within the proposed SPA is identified as ‘sensitive countryside’ or ‘very sensitive countryside’ in the ‘Argyll and Bute Local Plan (Finalised Plan) 2005’, where development opportunities will in any event be extremely limited in planning policy terms. There are ‘rural opportunity areas’ around Killeyan, Giol and Kintra, although any potential development would be likely to be limited to the vicinity of existing buildings (which are specifically excluded from the area to be designated) rather than open farmland locations. There are no extant planning consents within the proposed SPA/SSSI.

5 IMPLICATIONS

Policy: The proposal is consistent with the sustainability principles of the Argyll & Bute Structure Plan and the biodiversity objectives of the Argyll & Bute Local Biodiversity Action Plan. Financial: None Personnel: None Equal Opportunities: None

Angus Gilmour Head of Planning 12th October 2006

Author and contact point: Richard Kerr (01546) 604080

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ARGYLL & BUTE COUNCIL MID ARGYLL KINTYRE AND ISLAY AREA COMMITTEE

DEVELOPMENT SERVICES / OPERATIONAL DATE: 4TH OCTOBER 2006 SERVICES

REGIONAL TRANSPORT PARTNERSHIPS – PROJECT DEVELOPMENT (UPDATE)

1. SUMMARY

The purpose of this report is to ask the Area Committee to review and update their strategic and local lists of public transport and infrastructure projects. These lists contain future projects that could be submitted as the Council’s bid for funding to the Regional Transport Partnerships.

This exercise will inform the next stage of the Local Transport Strategy (LTS) which is the development of an Action Plan.

2. RECOMMENDATION

Area Committee action: Development / Operational Services action: study the attached project lists (Appendix 1 & 2) and agree that the various projects still meet the transport needs of their area. update any details on the lists as the amend lists as per Area Committee Committee see fit, e.g. project title, instruction and include in subsequent paper project details. to the SPC for approval. note the details in paragraph 4 of this report and agree these suggestions. propose any new transport projects subject the new projects to either a local for their area. appraisal process (in line with the Local Transport Strategy), or propose the projects to the RTP where they will be subject to the RTP project appraisal process. agree that these strategic and local ensure that transport projects which are lists link with other Council strategies, instructed, are included on either the strategic e.g. Corporate Plan, Area Strategy, or local project lists. Local Plan, etc, and form the basis of any future spend on transport / infrastructure projects.

It is hoped that the amended lists will be discussed at the next meeting of the Roads and Transport Working Group on the 25th October 2006 as part of the ongoing development of the LTS. The Committee are therefore asked if they are able to provide their amended lists by Monday 23rd October in order to inform this discussion.

Page 1 of 3 Page 82

3. BACKGROUND

3.1 Last year (January 2005) the Area Committee was asked to identify two sets of schemes, local and strategic, which were then subject to a scoring process.

3.2 A Policy Development Group devised a number of factors which allowed the projects to be scored and weighted, e.g. economic benefit, strategic fit and cost. This allowed the projects to be prioritised.

3.3 The list of projects was subsequently approved at the Strategic Policy Committee (SPC) held on the 13th April 2005.

4. DETAIL

4.1 Since the SPC on the 13/04/05, the lists have been updated and a “Current Status” column added.

4.2 In carrying out this exercise it has become clear that some projects should be omitted or modified for one of the following reasons:

insufficient detail is included in the project details section; they have been duplicated in both the local and strategic lists; they are unlikely to be funded by the RTP; they are unable to be influenced by the Council.

4.3 The following suggestions are proposed:

Strategic list – those projects with regional significance

Project ref. 17 – Port Ann – Otter ferry is removed from the list as per the decision made at the SPC 13th April 2005. Project ref. 18 – Carradale - Arran ferry is removed from the list as it unlikely to be viewed as having regional significance with the Lochranza – Claonaig service operating nearby. Project ref. 50 – Ronachan ferry terminal is removed from the list as it is unlikely to be funded by the RTP.

Local list – those projects with local significance

Project ref. 18 – Colonsay – Oronsay is removed from the list due to operational difficulties. Project ref. 46 – Bowmore Bus Bay is held in abeyance as the need for this scheme is now questionable.

4.4 It is proposed that this process of updating will become at least an annual occurrence.

For further information - please contact Nicola Debnam Transportation & Infrastructure 01546 604120

POLICY The schemes on the list meet the Council’s core strategic

Page 2 of 3 Page 83

objectives. FINANCIAL It is anticipated that the projects will be partly or wholly funded by external partners. This will only be possible if funding for necessary scheme preparation is identified through the Council’s Capital Programme. PERSONNEL Staff time required to develop these schemes. EQUAL Schemes should help ensure that the Council does not OPPORTUNITIES discriminate between different groups of society. LEGAL It is likely that many schemes will require land to be purchased in order that they may be progressed.

Dave Duthie Head of Transportation and Infrastructure, 19th September 2006

Stewart Turner Head of Roads and Amenity Services, 19th September 2006

Page 3 of 3 Page 84

This page is intentionally left blank APPENDIX 1

Local projects as proposed by MAK&I Area Committee - to be promoted for possible take up by RTP's (Approved at SPC 13//04/05)

No. Public Transport Projects Project Details Cost SCORE Current Status Strathclyde Partnership for Transport

Hitrans 6 Ballygrant & Craighouse info boards Provision of electronic notice boards to replace text service. 10,000 17 No progress. £5k available from Area Committe funding.

Initial discussion has taken place with the Church of Scotland regarding the project. No further progress has been made as 8 Ardfern Bus Turning Circle Provision of bus turning circle. 38,000 15 final land use of the area has yet to be determined. 10 Claonaig and Tarbert waiting facilities Improved waiting facilities at Tarbert and Claonaig. 10,000 15 No progress. Appraisal of existing service underway to design extended 14 Campbeltown Ring and Ride Extend existing provision. 10,000 15 service. Bid made to Hitrans for 07/08. Partnership working with RNLI 12 Gigha and Tayinloan waiting facilities. Improved waiting facilities at Gigha and Tayinloan. 10,000 11 and Strathclyde Police. 18 Colonsay - Oronsay Purchase of Landrover. 20,000 9 No action to date. Page 85 No. Infrastructure Projects Project Details Cost SCORE Current Status Strathclyde Partnership for Transport

Hitrans Design details to be prepared. Yellow Book study prevails 31 Campbeltown Footway Provision of safer footway between bus terminal and shops. 12,000 23 and town centre study. New school (NPDO). Materials have been purchased - aim to begin early winter 27 Lochgilphead Safer Route to School Preferred safer route to school. 20,000 21 2006. 34 Tarbert Safer Route to School Preferred safer route to school. 10,000 19 Project complete. 35 Southend Safer Route to School Preferred safer route to school. 15,000 19 Project complete. 36 Carradale Safer Route to School Preferred safer route to school. 15,000 19 Project underway. 37 Jura footway and street lighting Completion of footway and lights to Small Isles Primary School. 40,000 19 No progress. Linked with Lorne Street car park works. (i.e. lorry park being 28 Lochgilphead Park & Ride P&R opportunity for bus services to Glasgow, Oban & Campbeltown . 20,000 15 relocated to Kilmory.) 46 Bowmore bus bay Provision of a bus bay in Main Street. 50000 11 The need for this is now questionable. Page 86

This page is intentionally left blank APPENDIX 2

Future Strategic Schemes as Proposed by MAK&I Area Committee - to be promoted for possible take up by RTP's (Approved at SPC 13//04/05)

Estimated No Public Transport projects Category Timeframe Capital Cost Project Details Score Current Status Strathclyde Partnership for Transport

Hitrans 12 Ballycastle - Campbeltown ferry link Ferry 1 - 3 £5mill+ Maintain link bewteen N Ireland and Ctown 32 Awaiting outcome. 9 Campbeltown low floor buses Bus 1 - 3 £200k General upgrade of bus fleet. 30 90% of vehicles are now low-floor. A number of Jura initiatives have been considered at present, including overland route (Jura public not in favour), and the high-speed passenger only service between Craighouse and Crinan. £40K available from "Access to Services" fund for pilot passenger only service over next 2 years - business case being developed. Public meeting held on 09/08/06 resulted in application being 13 Jura fast ferry link Ferry 3 - 8 £12mill Under consideration 26 made to the RCTI for funding. 14 New Jura Ferry Ferry 1 - 3 £3mill Area strategic plan / overland route 23 No progress.

15 Port Askaig link to Outer Islands Ferry 16+ £15mill New route to better serve peripheral island communities 20 No progress.

17 Port Ann - Otter ferry Ferry 16+ £5mill+ New infrastructure required 12 Project rejected by Strategic Policy Committee, 13/04/05. 18 Carradale - Arran ferry Ferry 16+ £5mil+ New infrastructure required 8 No progress.

Estimated Page 87 No Infrastructure projects Category Timeframe Capital Cost Project Details Score Current Status Temporary variable message signs will be located at A83 Kilmory, A83 Ardgarten, and A85 Stronmilchan and a permanent sign at A85 Pennifur. (october )Funding from Scottish Executive. Currently bidding to Hitrans for programmed provision on strategic routes - current bid 19 Variable Message Signs Roads 1 - 3 £350k Signs on each Principal route 38 (07/08) value = £200k. Strathclyde Partnership for Transport

Hitrans Development Services looking at schemes for this at present. Surveys have been carried out at Oude Bridge section and Craobh Haven - Salachry sections. Another survey at Ford - Tibertich is underway. Environmental consultant to be 22 Strategic road network A816 Roads 1 - 16 £15mill Discrete improvements, several locations. 36 appointed on completion of surveys. 26 A82 / A83 route action plan Roads 3 - 8 £15mill Joint Council / Trunk several sites. 34 No progress. Initial project complete. Operational Services assessing state of existing pier to determine any further works that will be 32 Bruichladdich Pier Pier 1 - 3 £2mill Contained in Capital Programme 29 required to cater for other functions. 51 Carradale Harbour Pier 3 - 8 £1mill Upgrade to harbour. 22 Tenders returned - currently being assessed.

No work undertaken as overland route position is still unclear. 42 Strategic road network Jura Roads 1 - 8 £1mill Link to overland route. 14 See also Strategic Project ref. 38. No work undertaken yet. To be prioritised as part of roads maintenance backlog 43 Strategic road network Islay Roads 1- 8 £2mill Maintenance problem. 13 assessment. 47 Inveraray bypass Roads 16+ £10mill Ongoing for past 20yrs. 8 No work undertaken - Trunk Road responsibility. 48 Rail link Dalmally - Lochgilphead Rail 16+ £100mill+ Unlikely to happen 8 No work undertaken 49 Rail link Arrochar - Inveraray Rail 16+ £50mill+ Unlikely to happen 8 No work undertaken Calmac STAG appraisal of Islay service considered, but 50 Ronachan Ferry terminal Pier 16+ £25mill+ 8 rejected, relocation of the terminal to this location. Page 88

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