DEVELOPMENT SERVICES Local Member - Councillor Robin Currie PLANNING APPLICATION REPORT Date of Validity - 10.10.05 MID , AND Committee Date - 25.01.06

Reference Number: 05/02063/OUT Applicants Name: W.C. & M.I. Wood Application Type: Outline Application Description: Erection of single detached dwellinghouse and septic tank Location: Land East of Gleann A Gaoidh, by , Isle of Islay

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Site for the erection of one dwellinghouse with means of access to be considered at outline stage, but with details in regard to siting, materials and design to be reserved for subsequent approval; • Formation of new vehicular access; • Installation of septic tank with all details reserved for subsequent approval.

(ii) Other Aspects of the Proposal:

• Connection to the public water main.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to:

i) the standard outline planning conditions and reasons;

ii) to the conditions and reasons attached;

iii) consideration being given to the holding of a discretionary hearing prior to the determination of the application, in view of the extent of the representations received

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This proposal is an outline application for the erection of one detached dwellinghouse in the countryside between Port Charlotte and Portnahaven. The site adjoins an existing isolated dwelling, although in view of its extensive nature, and in order to take advantage of the most low lying part of the site, the building would be most appropriately located some 50 metres from this property. The impact of a dwelling in this location would be minimised by the topography of the site and the partial screening afforded it by both the sparsely wooded burn to the west and the higher land to the north and east.

The proposal would reinforce the existing settlement pattern without impinging upon the landscape character of the area, and would therefore be consistent with adopted structure and local plan policy and the advice given on the siting of dwellings in the countryside by the government in Planning Advice Note 72. Despite being located with in an SSSI and SPA Scottish Natural Heritage have confirmed that the proposal will not have any significant consequences for nature conservation interests. There are no infrastructure constraints or objections from other consultees.

37 letters of objection have been received largely in terms of the effect of the development upon the character of the area and on the amenities currently enjoyed by the occupiers of the nearest dwelling.

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It is considered that the erection of a suitably designed single storey dwellinghouse of traditional design and materials would be appropriate and in keeping with the traditional pattern of development in the area.

Angus J Gilmour Head of Development & Building Control 6th January 2006

Author: Tim Williams (01546) 604084 Contact Officer: Richard Kerr (01546) 604080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/02063/OUT

4. Any details pursuant to Condition 1(a) above shall show a dwelling of local traditional design and finish and shall incorporate the following elements:-

(i) The dwelling shall be single storey in height; (ii) The window openings shall have a strong vertical emphasis; (iii) The walls shall be finished in a white painted cement render or local dark grey natural stone; (iv) The roof shall be symmetrically pitched to at least 37 degrees and be finished in natural slate; (v) The building shall be of a general rectangular shape and gable ended; (vi) Any porches or dormers (which are encouraged in the design) shall have traditional "peaked" roofs; (vii) Details of the proposed finished floor level of the dwellings relative to an identifiable fixed datum located outwith the application site; (viii) No window or doorway openings shall be provided within the west facing elevation; (ix) The dwelling shall be situated within the low lying mid-western part of the site and set back in line with the existing adjacent dwellinghouse, ‘An Gleann’.

Reason: In the interests of visual amenity, to retain / reflect the vernacular building traditions of the area and the existing settlement pattern and to protect the amenities of the occupiers of the adjacent dwellinghouse.

5. Development shall not begin until details of the 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) existing and finished ground levels in relation to an identified fixed datum; ii) existing landscaping features and vegetation to be retained; iii) location and design, including materials, of any walls, fences and gates; iv) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; v) programme for completion and subsequent on-going maintenance.

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: In the interests of visual amenity and to protect the amenities of the occupiers of the adjacent dwellinghouse.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) () Order(s) 1992, (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 3 of or Schedule 1 to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Parts 1 and Classes 1, 2 and 3, and in Part 2 and Classes 9 of the of the aforementioned Schedule 1, as summarised below:

PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1: The enlargement, improvement or other alteration of a dwellinghouse. Class 2: Any alteration including enlargement to the roof of a dwellinghouse. Class 3: The provision of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse or the maintenance, improvement or other alteration of such a building or enclosure.

PART 2: MINOR OPERATIONS Class 9: Stone cleaning and exterior painting of any building work.

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No such development shall be carried out at any time within these Parts and Classes without the express grant of planning permission.

Reason: To protect the area and the setting of the proposed dwellinghouse, in the interest of visual amenity, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

7. The proposed access shall have visibility splays of 90 metres x 2.0 metres in each direction formed from the centre line of the access point Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

8. Prior to work starting on site, the access hereby permitted shall be formed in accordance with the Council’s Highway Drawing No. G300 with the bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the existing carriageway edge and dropped kerbs formed to the satisfaction of the Planning Authority or as otherwise agreed in writing with the Planning Authority.

Reason: In the interests of road safety.

Note to Applicant: Regard should be had to the attached consultation responses from Scottish Water and SEPA in respect of the proposed development. The Area Roads Engineer indicates that the access should be constructed to ensure that no surface water is discharged to the public road.

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APPENDIX RELATIVE TO APPLICATION 05/02063/OUT

A. POLICY OVERVIEW

Argyll and Bute Structure Plan 2002

STRAT SI 1 Sustainable Development - Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: …

h) conserve the natural and built environment and avoid significant adverse impact on biodiversity, natural and built heritage resources;

i) respect the landscape character of an area and the setting and character of settlements;

…

STRAT DC 7 Nature Conservation And Development Control - On sites of national importance, SSSI’s and NNR’s, development will only be permitted where it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area would not be compromised, or where and adverse impacts are clearly outweighed by social or economic benefits of national importance.

STRAT DC 8 Landscape and Development Control -

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

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

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

Islay, Jura and Local Plan (1st Review & Alteration) 1988

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

i) in locations identified as important for nature, heritage or archaeological conservation; ii) in areas of better quality or “in-bye” agricultural land; iii) in the , Bruichladdich, Port Charlotte and Portnahaven/Port Wemyss settlement areas.

Settlement Strategy STRAT 4A - All proposals for single or small scale residential development in the Islands countryside will be examined in terms of infrastructure and servicing implications and in scenic areas and coasts careful consideration will be given to the design, setting and scale of development. …

POL RUR (10) - The District Council will continue to seek the advice of the Nature Conservancy Council (now Scottish Natural Heritage) on proposals likely to affect sites of wildlife or scientific interest. Whilst having regard to the special requirements of other land users and to the interests of the community as a whole, the District Council will maintain a presumption against those developments and land use changes which would erode or have and adverse effect on resources of wildlife or scientific value, in particular:

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(a) designated National nature Reserves and Sites of Special Scientific Interest…

POL HO (7) - Where there are existing clusters of development outwith the settlements defined in POL HO (5), the District Council will encourage further housing (including infill, ‘rounding off’ and redevelopment) relating to existing development, provided there are no servicing or environmental constraints.

POL BE (11A) - The District Council will seek to achieve a high standard of layout and design where new developments are proposed. Proposals for new development should have regard to the District Council’s published design guidelines.

Planning Advice Note 72 – Housing in the Countryside

Page 11 – Location Within the Landscape

“Most new developments should try to fit into or nestle within the landscape. Skyline development should normally be avoided, as should heavily engineered platforms. This is to ensure that the building does not interrupt and conflict with the flow of the landform or appear out of scale. Even where sites are less visible they will still require a significant level of skill to assimilate buildings into the landscape.”

Page 15 – Design

“…The overall aim should be to ensure that new housing is carefully located, worthy of its setting, and is the result of an imaginative, responsive and sensitive design process.”

Page 17 – Materials

“The use of inappropriate or too many materials can have a negative impact. The greater the use of local materials, the more the house may reflect aspects of the local character. This will also help to contribute to sustainability.”

Page 22 – Concluding Remarks

“Every settlement should have its own distinctive identity. This is determined in part by the local characteristics of the area’s architectural style of individual buildings and the relationship of these buildings to each another.” .

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

None

(ii) Consultations

Area Roads Engineer – No objection subject to conditions (10.11.05) Scottish Natural Heritage . – No objection subject to comments (23.11.05) SEPA – No objection subject to comments and condition (02.11.05) H.I.A.L – No objection (20.10.05) Scottish Water – No objection subject to comments (19.10.05)

(iii) Publicity

The proposal has been advertised under Article 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. The closing date for representations under this advertisement was the 17th November 2005.

37 letters of objection have been received to date. Of these responses, 27 consist of a ‘proforma’ letter containing the same text and points of objection; 7 of them consist of a slightly different ‘proforma’ letter, and 3 are letters containing ‘unique’ text and points of objection.

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The twenty seven proforma letters are from:

Lynda Cooper, 51A Jamieson Street, Bowmore; Peter McPhee, 6 Beech Avenue, Bowmore; Ailsa Hayes, 5 Buildings, Birch Drive, Bowmore; Graham Hayes, 5 Lighthouse Buildings, Birch Drive, Bowmore; Malcolm Campbell, 29 Ardview, ; Angus Newman, Surnaig House, ; Lucy MacArthur, 7 Shore Street, Portnahaven; John Cameron Mitchell, 5 Main Street, Port Charlotte; Catherine McKenzie Mitchell, 5 Main Street, Port Charlotte; A. Chasemore, 2 Shore Street, Portnahaven; The Occupier (signature illegible), 2 Ardhouses, Bridgend; Marat Paisley, 14 North Bay, Port Ellen; Marion McGregor, 67 Jamieson Street, Bowmore; Mr. R.M. Swarbrick, Strathmore, The Glebe, Bowmore; Brian R. Muir, 7 Beech Avenue, Bowmore; Carolyn MacAffer, 9 An-Creagan Place, Port Charlotte; E. Stewart, 17 Donald Caskie Square, Bowmore; Mary Henderson, Rubha Na L-Uamha, Portnahaven; The Occupier (signature illegible), 23 Charlotte Street, Port Ellen; S. Richie, 15 King Street, Portnahaven; Kevin Park, The Old Church, 12B High Street, Bowmore; Graham Kelly, Torrabus Farmhouse, ; Mr. Jamwal, The Port Charlotte Hotel, Port Charlotte; William Broderick, The Port Charlotte Hotel, Port Charlotte; D. Rangasamy, The Port Charlotte Hotel, Port Charlotte; Isabelle Allison, The Port Charlotte Hotel, Port Charlotte; The Occupier (signature illegible), No given address.

The points of representation contained within these letters are summarised as follows:

“As an Islay resident who has reason to travel through Gleann na Gaoidh, I am writing to object to the above proposed development [for the following reasons]”:

• The proposed site is on a raised area of moorland and would be clearly visible from the road both to the east and west of Gleann na Gaoidh. No matter how sympathetic the design, by its visibility it would detract from the rural beauty and the landscape character of the area.

Comment: The site is an area of undulating rocky moorland consisting of both low lying and slightly elevated land with respect to the adjacent highway. It is considered that the proposed dwelling should be located within the lower lying, middle west, part of the site in order to reduce the impact of the proposed dwelling. It is further considered that the form of the proposed dwelling should be limited to a single storey property of traditional design and materials. The landscape character of the wider area is primarily characterised by isolated small clusters of buildings located close to and prominent from the public road. The proposed development will be consistent with the existing landscape character and pattern of development and will not result in any material harm to any interests of acknowledged importance.

• A house already exists in Gleann na Gaoidh on land that has had a dwellinghouse on it for well over a century. This house and grounds are unobtrusive as they are sited in the dip of the glen and surrounded by mature hardwood trees. The proposed dwelling is planned to be located adjacent to the existing dwelling on previously undeveloped ground and would appear visually incongruous within this context.

Comment: The existing dwelling, An Gleann, though partially screened by existing woodland and landscaped gardens, is a distinct feature within the landscape, and is both visible and prominent when viewed from parts of the adjacent public road. The existing dwelling is of modern appearance and incorporates non-traditional design elements and materials. It is not considered that an appropriately designed and situated dwelling on

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adjoining land would be materially harmful to the character or setting of the existing dwelling or to the appearance of the wider landscape.

• If this planning application were granted I would be concerned that it would set a precedent for further residential development in what is a coastal area with few settlements. This could lead to unacceptable ribbon development.

Comment: Whilst the current proposal is considered acceptable in the context of the existing dwelling and landscape character of the area, the capacity of this location to satisfactorily absorb further residential development is considered to be extremely limited.. The proposed development would have an acceptable relationship with the existing single dwelling and would not be a precursor to ‘ribbon development’ as neither adopted nor emergent development plan policy would support this.

• Islay lacks affordable housing and I do not think the proposed development would fall into that category. As such it could contribute to the problem of inflated house prices which prevent local families and incoming workers from settling on the island and providing the services that we all need.

Comment: This is not a relevant planning consideration. Although this is not an ‘affordable housing’ development, there are no details regarding the eventual market value of the proposed dwelling or the intended occupiers, nor is such information required as it is not relevant to the consideration of this application.

The seven slightly different proforma letters are from:

Douglas Kilkenny, 516 Hyvot Gardens, Edinburgh; Jennifer Lane, 1/10 Hyvot Green, Edinburgh; Anne Lane, 91 Glendrinning Crescent, Edinburgh; Rosie Lane, 63/2 Buccleuch Street, Edinburgh; Beth Lane, 7/2 Lady Nairne Place, Edinburgh; Laurie Niven MacKinnon, West Hurlot House, 8 Glasgow Road, Glasgow; Mrs. Flora Kelsey, 24 Balgreen Road, Edinburgh.

The main points of representation contained within these letters are virtually identical to those objections summarised above. The additional concerns raised are summarised as follows:

“As a visitor to Islay who has stayed at An Gleann [the existing dwelling adjacent to the application site], I am writing to object to the proposed development [for the following reason]”:

• I feel that the privacy of the occupants or any visitors to An Gleann would be compromised as the proposed development is sited level and in a raised position to the existing building. It would overlook the main living area of An Gleann and from its grounds any occupants would have a clear view over An Gleann’s large garden area, which is used as much as the house by the owners, their children and visitors.

Comment: The application site measures some 0.65 acres in area and is located approximately 20 metres from the nearest boundary of the curtilage of An Gleann and is separated from the grounds of the existing dwelling by a burn within a sparsely wooded cutting. Although this is an outline application and no details of the proposed siting or design of the proposed dwelling have been submitted, it is considered that the new dwelling would be located at least 50 metres away from the existing house. The new dwelling can be designed appropriately so as to have no material impact upon the amenity or privacy of An Gleann or its garden ground, and a suitable landscaping scheme would be a condition of its approval. It should further be noted that a large part of the garden ground of An Gleann can be currently observed from the adjacent public road.

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The three remaining ‘unique’ letters are from:

Iain C. Mitchell, An Gleann, Port Charlotte; Jane Mitchell, An Gleann, Port Charlotte; Douglas Kennedy Bouttell, Seaview, Main Street, Port Charlotte.

The additional points of representation are summarised as follows:

• Our mains water supply at An Gleann is variable to the extent that Scottish Water doesn’t charge us a water rate. The quality of our supply is apparently dependant upon the consumption of water by the residents of Portnahaven and the surrounding area. As such I believe that the proposed dwelling, seeking connection to the mains water supply, would have an adverse affect on our already erratic supply of water.

Comment: No objection has been raised by Scottish Water to the proposed development, and it is stated that Scottish Water’s water network infrastructure is not affected by this proposal at the present time. It is noted, however, that Scottish Water will not guarantee a connection to the main water supply as this will depend upon the spare capacity existing at the time of any application for connection. This will, in due course, be a private matter between the applicant/developer and Scottish Water.

• We bought this house seven months ago and feel very lucky to have secured it in the current market despite having paid well over its valuation. One of this house’s main attractions is its seclusion as it is set off the road in large, tree lined grounds and is half a mile distant in any direction from the nearest neighbours. While I understand that the effect of a development on the value of our property is not strictly a planning consideration, I feel that the proposed development, by overlooking us, would remove our seclusion and thereby decrease the value of our property in both aesthetic and monetary terms.

Comment: It is not considered that a suitably designed and sited dwelling within the application site will have any materially detrimental impact upon the privacy or amenity of the existing dwelling. The application site and the existing dwelling are both located within an area in which suitable small scale residential development is supported by the Development Plan. Consequences for property valuation are not a material planning considerations.

• The application refers to a single dwellinghouse with what would appear to be no restrictions on occupancy. I feel that a legal planning agreement should be required to clarify whether the proposed dwelling is to be occupied by someone in a retained occupation or whether it will be used as part of the Applicant’s farm diversification scheme, e.g. holiday letting or the selling of building plots. Such a legal agreement would, however, be meaningless as it would appear that such agreements can be changed at the whim of the current landowner. As such, it seems to me that ‘Development Control’ is a complete misnomer.

Comment: The eventual occupancy of the proposed dwelling is not a material planning consideration in this case. The application site is located within an area in which acceptable small scale residential development is supported by policies within the adopted Development Plan. The submitted application has not been made on the basis of operational need, nor is it required to be considered on such a basis.

• Why couldn’t the Applicant build on the brownfield site adjacent to their farm (in reference to Structure Plan Policy SI 1 (b))?

Comment: Consideration is to be restricted to the submitted application rather than other potential development opportunities elsewhere on the applicant’s landholding.

• Amenity open space will be lost (in relation to Structure Plan Policy SI 1 (g))

Comment: The application site is not an area of recreational and amenity public open space but a privately owned parcel of agricultural land. Policy SI 1 offers no protection over this type of land.

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• The proposed house will not conserve natural and built heritage resources (in relation to Structure Plan Policy SI 1 (h))

Comment: The proposed development will not result in any significant adverse impact upon biodiversity, natural and / or built heritage resources. Scottish Natural Heritage have appraised the application proposal with regard to the location of the site within the S.S.S.I. and S.P.A. and have concluded that it is unlikely that any qualifying feature will be affected significantly, either directly or indirectly. Consequently, no objection is raised.

• The proposed house may contribute to flooding onto lower area of feu of An Gleann (in relation to Structure Plan Policy SI 1 (j))

Comment: This is not an area where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and, as such, there is no conflict with Structure Plan Policy SI 1. No objection has been raised by SEPA in regard to the proposed use of soakaways, the design of which will be subject to a Building Warrant application.

• There are no fire hydrants obvious in the immediate vicinity of the application site and the supply of water from the burn cannot be guaranteed in times of low rainfall. Because of this, I am concerned that a fire at the proposed dwelling would be a threat to the safety of my family.

Comment: This is a matter outwith the scope of planning control. It is, however, considered that the considerable distance between the existing property and the likely position of the proposed dwelling (some 50 metres or more) would be very unlikely to present a potential safety hazard in the event of a fire at either property.

• The proposed vehicular access would be positioned just over the brow of a hill and would present an obvious road safety hazard every time a vehicle enters or leaves the new property. An additional hazard will be caused by the bus which stops outside our house twice a day to uplift and drop off our children.

Comment: The Area Roads Engineer is satisfied that a suitable and safe means of access can be obtained to serve the proposed dwelling. Any planning permission would be subject to conditions requiring the formation and retention of suitable visibility splays and the altering of existing fence/wall lines where necessary. The Applicant has stated that he will undertake any work necessary to meet the requirements of these conditions.

• This application was mistakenly advertised in the Oban Times as referring to ‘Land at Octofad Farm’ which is somewhat misleading and prejudicial to any kind of formal objection.

Comment: The original Article 9 advertisement mistakenly gave an incorrect site address. This was rectified by a duplicate, corrected advertisement being published in the Oban Times on the 3rd November 2005. It is not considered that this procedural error has been prejudicial to the publicity of this application.

• I feel that this application has been made without much in the way of planning advice. According to the Agent’s website and his online C.V. It is clear that the application has been made by a Civil Engineer. No one is listed with RIBA or RTPI qualifications and it would, therefore, appear that the Applicant may not be well versed in the ways of the planning system.

Comment: This is not a material planning consideration. Anyone can make a planning application regardless of ‘qualifications’. Indeed, the use of an Agent is optional. The application has been competently submitted.

• It would appear that the Applicant may have been encouraged to make the application due to the fact that the site is located within a proposed ‘Rural Opportunity Area’. There have been objections lodged to the proposed inclusion of these rural

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opportunity areas within the new Local Plan and they therefore cannot be considered as a material planning consideration in the determination of planning applications at the present time. I would therefore suggest that the application be withdrawn or refused on these grounds alone.

Comment: Whilst the application site is within a proposed Rural Opportunity Area within the emerging Argyll and Bute Local Plan (Finalised Draft, May 2005), there have been objections to the inclusion of these designated areas throughout the Plan. Because of the current status of the emerging Local Plan, the policies contained within it do not form a material part of the consideration of this application. The application is being considered against the relevant policies of the adopted Local Plan and in the light of national guidance. The application site falls within an area in which there is a presumption in favour of single or small scale residential development in the countryside (Local Plan Policy STRAT 4).

• The Rinns of Islay have been designated as a Site of Special Scientific Interest. Port Charlotte is a conservation village subject to an Article 4 Direction. However, the whole ethos of planning control in the Rinns area would appear not to exist anymore as we witness the proliferation of new houses and residential caravans in the corner of almost every field.

Comment: The proposed development has been examined in terms of its location within the Rinns of Islay SSSI and the Special Protection Area (SPA). Scottish Natural Heritage have concluded that the development will not have any significant affect upon these interests. The development site is outwith the Port Charlotte conservation area and will have no material impact upon its setting.

• I find it incredible that the Planning Authority issues me with a letter reminding me about my responsibilities regarding my own house, on matters such as requiring permission to paint the exterior etc, when I could buy a piece of ground outwith Port Charlotte and build a house or site a residential caravan on it.

Comment: These comments are not relevant to the consideration of this application. The application site is not within the Port Charlotte conservation area which is subject to different controls to those exercised in the surrounding countryside..

• The proposed development will increase the proliferation of ‘ribbon development’ being encouraged by the Planning Authority. Evidence of this has been provided on a series of maps showing the various new build developments since 1947 in the areas between Bruichladdich and Portnahaven. Allowing another house on the application site could be the start of infilling of the area between and Octofad Farms.

Comment: The current proposal is for a single dwelling located on land adjacent to one existing dwelling and does not amount to ‘ribbon development’ or the coalescence of existing settlements

• I am concerned about the three new houses built between and Octofad; about the development between the boundary of Port Charlotte and the farm at Carn; about the use of metal storage containers on agricultural land; and the proliferation of residential caravans in the area. I would suggest that if a Committee site visit is required, members should use the opportunity to stand on the pier at Bowmore and look across towards Port Charlotte and Bruichladdich. The effect of ribbon development can clearly be seen, especially at night. It brings a whole new meaning to the song, ‘The Lights of Loch Indaal’.

Comment: The specific sites referred to do not form part of the consideration of the current planning application and are, therefore, irrelevant in this context. The application site is not prominent when viewed from the pier at Bowmore.

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C. ASSESSMENT

This proposal is an outline application for the erection of one detached dwellinghouse and septic tank plus a proposed connection to the existing mains water supply. The development site measures approximately 0.26 hectares (0.65 acres) in area and is located adjacent to an existing dwellinghouse known as ‘An Gleann’ and separated from it by a small sparsely wooded burn within a cutting to the west of the application site.

The Landscape Character Assessment for Argyll describes the area in which the development is proposed as ‘Rocky Moorland’. The key features include extensive grassland, rocky outcrops, conifer plantations and scattered isolated farms. The application site itself is an area of unimproved grassland, part of the wider Octofad Farm landholding, situated immediately to the north of the A847 public road, some 4 kilometres to the north east of Portnahaven and 6 kilometres to the south west of Port Charlotte. The application site has an undulating topography, generally rising from west to east and from south to north with rocky outcrops to the northern extremity of the site and an extensive conifer plantation beyond its northern boundary. The western boundary of the site is the Gleann na Gaoidh burn, with the existing dwelling An Gleann beyond. The eastern boundary is a continuation of a similar area of unimproved undulating grassland to the north of the A847 and 1 kilometre west of Octofad Farm.

The proposed development would be located within the generally low-lying mid western part of the site, where its impact would be minimised by topography and the partial screening afforded it by both the sparsely wooded burn to the west and the higher land to the north and east. A condition requiring a suitable landscaping scheme would be attached to any planning permission for the development of this site, in order to further reduce the impact of the development within the wider landscape and to ensure no material loss of amenity between the proposed dwelling and the existing property to the west. It is further considered that the new dwelling should be located approximately 40 metres back from the road in order to be consistent with the siting of the existing dwelling, and to result in a small, discrete cluster of development, reflecting the existing traditional settlement pattern within the wider area.

An existing access to the site exists at its western boundary. It is proposed, however, that a new access be formed towards the eastern boundary of the site in order to obtain a satisfactory standard of visibility. Conditions attached to any planning permission would require the exact position of the new access to be agreed, together with any necessary clearing of the required visibility splay areas.

Water supply is to be by connection to the existing public water main and foul drainage is to be by a proposed septic tank and soakaway system, the details of which are reserved for future consideration.

The proposed development lies within the Rinns of Islay Site of Special Scientific Interest (SSSI) and the Rinns of Islay Special Protection Area (SPA), classified for its internationally important populations of chough, hen harrier, corncrake, Greenland white-fronted geese, Greenland barnacle geese, whooper swan and common scooter. In cases where development is proposed within an SPA, it is the Council’s responsibility under the legislation to undertake an ‘appropriate assessment’ to establish whether qualifying interests would be prejudiced as a result of a proposal. Scottish Natural Heritage have assessed the likely consequences of the proposed development site and have concluded that the potential disturbance would be insignificant, due to the extent of other available habitat nearby. Their conclusions are accepted.

In the context of the Islay, Jura and Colonsay Local Plan (1st Review and Amendment 1988), the application site is located outwith any national or regional scenic area, regional scenic coast or area of local landscape significance. Policy STRAT 4 states that there will be a presumption in favour of small scale residential development in the countryside and that proposals for such development will be examined in terms of infrastructure and servicing implications (STRAT 4A). In addition, Policy HO9 states that where there are existing clusters of development outwith the defined settlements, further housing (including infill, rounding-off and redevelopment) will be encouraged provided there are no servicing or environmental constraints. It is considered that the wider landscape has the capacity to absorb successfully an additional dwelling in the location proposed, whilst maintaining the existing settlement pattern and without giving rise to

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an inappropriately sited building which would conflict either with adopted local plan policy, or the advice given by the government on the siting of houses in the countryside in Planning Advice Note 72. There are no infrastructure constraints which would inhibit the development of a single dwelling in this location.

In view of the age of the adopted local plan, more recent expression of policy can be found in the 'Argyll & Bute Local Plan' (Finalised Draft) 2005 and the adopted 'Argyll and Bute Structure Plan' 2002. In terms of the emergent local plan, the application site is located within a proposed ‘Rural Opportunity Area’. However, no weight has been given to this proposed designation for the purposes of considering this application, in view of representations lodged to such designations as part of the local plan process. As far as the structure plan is concerned, It is considered that the proposed development would accord with the principles of sustainable development encapsulated within Structure Plan Policy SI 1, in that the development would respect landscape character, and would not impinge on the setting of settlements or nature conservation interests. The development would not damage or undermine the key environmental features of a visually contained or wider landscape or coastscape in terms of structure plan Policy DC 8, nor would it compromise the overall objectives of the designation of this site as part of a SSSI and a SPA in terms of policy DC 7.

It is therefore concluded that a single dwelling appropriately sited and designed will not impinge to any significant degree on the amenity of the nearest dwelling, nor on the character of the wider landscape, and that permission ought to be granted subject to the conditions listed in the report.

C. CONSIDERATION OF THE NEED FOR AN INFORMAL HEARING

The application has prompted 37 letters of representation. Given the scale of this response it is appropriate that Members consider whether it is appropriate to hold a discretionary informal hearing (or failing that a Member’s site inspection), in order to afford interested parties an opportunity to present their views prior to the determination of the application.

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