Argyll and Bute Council Development and Infrastructure Services

Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle ______

Reference No: 18/00375/PP

Planning Hierarchy: Major Application

Applicant: Link Group Ltd

Proposal: Residential development comprising 300 dwellings, ground re-modelling, new roads, infrastructure, open space, landscaping, community woodland and area for community facilities

Site Address: Land West Of Dunstaffnage Mains Farm Dunbeg ______

DECISION ROUTE

Local Government Scotland Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

. Erection of 300 dwellings comprising:

89 -1 bed flats 141 - 2 bed houses and flats (mostly 2 bed houses) 67 - 3 bed houses and flats 13 - 4 bed houses

. Associated internal roads infrastructure to include spine road and parking; . Provision of SuDS compliant drainage infrastructure. . Provision of play areas and open space . Provision of Multi Use Games Area for teenagers (MUGA) . Upgrading of local footpath network including active natural play facilities and seating

(ii) Other specified operations

 Provision of Community Woodland  Connection to public water supply;  Connection to public sewerage supply. It should be noted that the initial application description included a biomass heating energy centre. Further investigation by the applicant has resulted in this element being removed, and air sourced heat pumps now being proposed to provide sustainable heating. A supplementary submission to Section 10 of the design and access statement has been provided by the applicants to clarify why this change has been made.

As the building was clearly incidental to and associated with the main element of the development for 300 dwellings, its removal and replacement by alternative sustainable heating system (air sourced heat pumps) is not considered to be a material change to the nature or character of proposed development which would require a new application.

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(B) RECOMMENDATION:

It is recommended that Planning Permission be granted as a minor departure from LDP 9 SG, LDP DM 1 and SG LDP REC/COM 2 and subject to the conditions detailed in this report.

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(C) HISTORY:

15/01248/PAN

Description: Proposed Masterplan incorporating mixed use development of residential, commercial, leisure and associated facilities and infrastructure. Status: closed, Decision Date: 30th June 2015

16/03368/MPLAN

Description: Masterplan in relation to Argyll and Bute Local Development Plan 2015 - Strategic Masterplan Area MAST 1/12 mixed use development including; residential, recreation, commercial, community facilities, business and industry and 3 no. strategic development roads. Approved 27th April 2017

17/02424/SCREEN

Description: Screening opinion for proposed housing development. Schedule 2 part 10(b) development under EIA Regs 2017. No EIA required. Opinion issued 20th December 2017

17/02626/PREAPP – Decision CLOSED: Advice provided and pre-application report sent: 18.6.18

17/02440/PAN: Proposal of Application Notice for proposed housing development Reported to PPSL for views: 18th October 2017

The site as a whole has a substantial planning history, however the approval of the Masterplan for the large scale housing proposed under 16/03368/MPLAN is considered to be an important material consideration. Compliance with the Masterplan objectives is material to the determination of this application. Commentary on this matters is included in the Officer Report in respect of landscape integration, provision of community woodland, biodiversity improvements, layout and design integration (LVIA), roads design/placemaking, footpath upgrades and open/play space provision. The current application brings forward Phase 1 of the approved Masterplan to detailed application stage. ______

(D) CONSULTATIONS:

Area Roads Manager (Dated 17.4.18, 11.7.19 and 30.7.18) - No Objection to proposals subject to conditions. Submitted roads layout and parking drawings are in accordance with requirements of the Area Roads Engineer.

Transport Scotland – (Dated 9.4.18 and 3.7.18) - No Objection Holding response initially sent as TA had not been submitted.

SEPA (Dated 8.5.18 and 23.7.18) Initial objection requiring more information. Objection withdrawn following submission of additional information on drainage design and capacity.

Council Flooding advisor (Dated 20.4.18 and 5.6.18) - No Objection subject to the imposition of appropriate conditions.

Scottish Water (Dated 30.3.18) - No Objection – Confirm sufficient foul water capacity at Connel Treatment works. Require further applications under separate legislation related to connections and adoption of SUDS ponds.

Scottish Natural Heritage - No Response

Historic Environment Scotland – (Dated 10.4.18) - No Objection

West of Scotland Archaeology Service (Dated 11.4.18) - No Objection but request appropriate condition to protect potential archaeological interests on the site.

Council Development Policy Officer - (Dated 29.6.18) – No Objection. Notes minor variation in redline boundary beyond housing allocation site. No policy issues arise.

Council Biodiversity Officer - (Dated 23.4.18, 11.7.18 and 1.8.18 - No Objection subject to conditions requiring further submissions for approval in respect of Landscaping details and working methods to protect Otters. Supportive of approach taken to SuDS and Landscaping of site to improve biodiversity. Updated Protective Species Survey on 24.7.18 has not identified any protected species interests within the application site.

Council Access/Core Paths Officer (Dated 13.6.18) - No Objection subject to improvements to footpaths in surrounding area as set out in detail in consultation response. Applicants have agreed to these works.

Scottish Rights of Way – No Response Council Education Officer (Dated 18.4.18 and 25.4.18 ) - No Objection .Confirms budget is available to ensure appropriate school place provision will be made to accommodate primary school pupil requirements arising from development.

Council Environmental Health Officer - (Dated 12.6.18 and 25.7.18) No Objection subject to conditions on hours of operation, mobile crusher use and submission of an Environmental Management Plan to address potential noise, waste movement and potential residential amenity impacts associated with site preparation and construction works.

Dunbeg Community Council - No response

Connel Community Council - (Dated 23.04.2018) – No agreed view could be reached by the Community Council and therefore no formal view submitted.

Oban Community Council - No response.

Highland and Islands Enterprise (HIE) – (Dated 18.5.18) - Support the proposals and welcomes the design approach being taken.

Architecture and Design Scotland - (Dated 16.5.18) - Supportive of the overall design and layout proposed. Consider proposals meet Masterplan design aspirations. Design approach has potential to deliver exemplar placemaking.

Oban Airport - No response

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(E) PUBLICITY:

Newspaper Notice (Regulation 20 – Major Application) - expired 03.05.18

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(F) REPRESENTATIONS:

Two letters of objection and one letter of support have been received. A summary of these submissions is set out below:

Objection has been raised by the following parties:

Name Address Dated

Miss Alice Coon 23 MacVicar Court, Dunbeg 17.4.18 Dr Ian Reid 2 Firgrove, Ardconnel Road,Oban 15.4.18 (i) Summary of issues raised (objections)

Roads, Parking and Access Matters

 Infrastructure need to be provided from the start of development not added later

 Traffic Flows onto the A85 require Traffic control system or roundabout Supermarket facilities build now would reduce traffic to shops in southern Oban

 Proposal will result in overcrowding and it is doubtful that the existing single road can cope with another 300 households.

 Existing Cycle route from Dunbeg to Ganavan should not be compromised in any way

 Parking space in the proposal is very limited or unavailable which will be prone to overcrowding

Comment: Adequate infrastructure to accommodate the development will be provided at appropriate times to ensure pedestrian and traffic safety in the area as set out in the submissions and conditions. The upgrading of Kirk Road to accommodate and traffic flows onto the A85 have all been subject to a TA evaluation and agreement with Transport Scotland by the Roads Authority and are not part of this application proposal. The existing cycle route will not be compromised by the proposals.

In respect of parking provision these matters are addressed in the assessment below

Design Matters

 Housing design appears from drawings to be “boxy” and lacking roof detail. Social housing should not be visually unimaginative it should be something to be proud of.

Comment: These matters are addressed in the assessment below.

Other Matters

 Woodland Planting needs to be provided by the developer and not left to subsequent funding applications by “community based organisations”

Comment: These matters are addressed in the assessment below

 Development will obstruct access to nature

Comment: The design of the development ensures that access to the natural environment is improved through footpath upgrades and also substantial structural tree planting. These are allocated housing sites and therefore development of this land is in accordance with the LDP.  Building houses will cause noise disturbance

Comment: This will be addressed by condition in accordance with normal procedures for housing construction sites and as required by the comments of the Environmental Protection Officer.

Letter in Support:

Oban Disability Forum (Dated 12.4.18)

 Forum is strongly supportive of this development and the inclusive approach taken to the design and layout.

 Wish to see remote footpath improvements

Comment: Remote footpath upgrades are proposed as part of this proposal as set out in the report

(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No. (ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: Not required (iii) A design or design/access statement: Yes

(iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Yes Design and Access Statement (February 2018) . CH10 addendum: Sustainability and Low Energy Approach clarifying change from biomass to air sourced heat pumps. (May 2018) Play Strategy (May 2018) Transport Assessment (June 2018) Protected Species Survey (October 2017 and August 2018) Peat Management Strategy (December 2016) Ecological Constraints and Opportunities Plan (October 2016) Dunbeg Woodland Concept Woodland Funding Study (August 2017) Tree Survey Report (November 2017) Woodland Planting and Management Plan (November 2017) LVIA Study (February 2018) PAC Report (February 2018) Schedule of Window to Window Standards (August 2018) Schedule of Garden and Plot sizes (August 2018) Street Planting Proposals (August 2018) ______

(H) PLANNING OBLIGATIONS

(i) Is a Section 75 agreement required: No ______

(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No

(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application

(i) List of all Development Plan Policy considerations taken into account in assessment of the application.

Argyll and Bute Local Development Plan adopted March 2015

LDP STRAT 1 – Sustainable Development LDP DM1 – Development within the Development Management Zones.(Countryside) LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment LDP 5 – Supporting the Sustainable Growth of Our Economy LDP 8 – Supporting the Strength of our Communities LDP 9 – Development Setting, Layout and Design LDP 10 – Maximising our Resources and Reducing Our Consumption LDP 11 – Improving our Connectivity and Infrastructure LDP PROP 2 – The Proposed Allocations

Supplementary Guidance

SG LDP ENV 1 – Development Impact of Habitats, Species and Our Biodiversity (i.e. biological diversity) SG LDP ENV 6 – Development Impact on Trees / Woodland SG LDP ENV 7 – Water Quality and the Environment SG LDP ENV 11 - Protection of Soil and Peat Resources SG LDP ENV 14 – Landscape SG LDP ENV 16(a) - Development Impact on Listed Buildings SG LDP ENV 20 – Development Impact on Sites of Archaeological Importance SG LDP HOU 1 – General Housing Development including Affordable Housing SG Delivery of Affordable Housing SG LDP HOU 2 – Special Needs Access Provision in Housing Developments SG LDP HOU 3 – Housing Green Space SG Sustainable Siting and Design Principles – LDP 9 SG LDP REC/COM 2 – Safeguarding and Promotion of Sport, Leisure, Recreation, Open Space and Key Rural Services SG LDP DEP 1 - Departures to the Local Development Plan SG LDP SERV 1 – Private Sewerage Treatment Plants and Wastewater (i.e. drainage) systems SG LDP SERV 2 – Incorporation of Natural Features / Sustainable Systems (SUDS) SG LDP SERV 3 – Drainage Impact Assessment (DIA) SG LDP SERV 7 – Flooding and Land Erosion – The Risk Framework for Development SG LDP - Climate Change SG LDP TRAN 1 – Access to the Outdoors SG LDP TRAN 2 - Development and Public Transport Accessibility SG LDP TRAN 3 – Special Needs Access Provision SG LDP TRAN 4 – New and Existing, Public Roads and Private Access Regimes SG LDP TRAN 6 –Vehicle Parking Provision

(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009.

There are a number of other documents which are also material to the determination of this application as set out below:

 Approved Masterplan Reference 16/03368/MPLAN  Scottish Planning Policy (SPP), 2014  Pan 77 Designing Safer Places  Creating Places- A Policy Statement on Architecture and Place for Scotland  Designing Streets – A Policy Statement for Scotland  Argyll and Bute Sustainable Design Guidance (part 2 larger housing development)  Statutory/Non-Statutory Consultee Comments  A&B Council Strategic Housing Investment Plan (2018/19-2021/2022)  Equality Act 2010 and Fairer Scotland Duty (April 2018)

Economic benefits and potential job creation will also be a potential material consideration in respect of the proposal. It has been confirmed that a local building company has been appointed to construct the development. The use of a local and not national builder ensures that economic benefit is likely to be maximised for the local area. ______

(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: A screening opinion was issued on 20.12.17 advising an Environmental Impact Assessment was not required. ______(L) Has the application been the subject of statutory pre-application consultation (PAC): Yes given the “major application” status of the proposal.

A PAC report has been submitted with the application clarifying the details of the pre- application consultation undertaken and the results of this. A notice was prepared for inclusion in the local media, advertising the 2 proposed consultation events. These were held on 25.10.17 and 22.11.17. Full details of the numbers of attendees, respondents and written submissions have been provided in the PAC report.

The main issues raised from both events were as follows:

 Road infrastructure concerns (particularly the junction with A85)  The date upgrade works to Kirk Road will be completed and if this would be before the occupation of the new houses  The design of the houses  External materials finishes

The consultation process has allowed Link Group to evolve the proposal having regard to views expressed by the local community. Suggested changes have been integrated into the formal planning application now under consideration. These take the form of reduction in masonry wall finishes and rationalisation of the three storey blocks.

The matters raised relating to the A85 junction and Kirk Road Improvements are not part of the planning application. Commentary is however provided on these matters within this report. ______

(M) Has a sustainability check list been submitted: Yes ______

(N) Does the Council have an interest in the site: No The Council has no land ownership interest in the application site. For clarity, The Council’s Housing Department is proposing to contribute funds into the delivery of this, and other, affordable housing as part of its approved Strategic Housing Investment Plan 2017/2018-2021/2022 (dated October 2017). This document is publicly available. Some £12,000 per unit has been allocated to this and other supported housing sites. ______

(O) Requirement for a hearing (PAN41 or other): No

______(P) Assessment and summary of determining issues and material considerations

The current application seeks to bring forward Phase 1 of the approved Masterplan on identified housing allocations H-AL 5/8, H4007 and H4015. This is for 300 dwellings. All of the dwellings will be “affordable housing” provided and retained by a Social Rented Landlord (Link Group).

In bringing forward any detailed housing application it is essential that the aspirations of the approved Masterplan are both respected and delivered. It is the opinion of officers that the Masterplan aspirations have been reflected in the current planning application and the proposals are in compliance with the approved Masterplan objectives.

The site of the proposed development is on housing allocation sites within the adopted Argyll and Bute Local Development Plan (LDP). The principle of the proposal and the design, layout and material proposed accords with the policies of the LDP with the exception of a minor and justifiable departure from Policy LDP DM1 (E) in respect of the application proposing to extend the site slightly beyond the identified housing site in the LDP into land designated as countryside. Members have already authorised flexibility, where appropriate, on such matters in approving the Masterplan for the site.

The text and illustrations within the Design and Access Statement combine to illustrate how the current design proposals have evolved from the endorsed Masterplan, providing contextual and rural design analysis, to promote a development that places the landscape setting as the sites greatest asset. Through a considered landscape framework, informed by a Landscape and Visual Impact Analysis (LVIA) the layout, built form, and materials proposed respond to and assimilate into the landscape. Substantial structural tree planting will also assist in this assimilation over time.

The application site is considerably smaller than the indicated area of land to accommodate phase 1 of the approved masterplan for 300 dwellings. The more compact and condensed site being promoted through the current application is therefore not strictly in accordance with the site area indicated in the approved masterplan in respect of this matter. However this is considered acceptable as the Masterplan design approach and aspirations to deliver wider benefits have been met.

The more compact layout and substantial external and internal landscaping proposals, promote a higher density of development than previously envisaged. This approach means that the housing layout proposed will not appear similar to, or have the character and appearance of other recently approved housing layouts due to the design approach of removing all front gardens (and associated on-site parking) and building against a shared space designed in accordance with a placemaking approach. These shared surfaces will incorporate pedestrian and vehicular movement and also landscaping and play areas at identified locations where these will form attractive and important spatial features in the design. The character of the development and landscape assimilation will be informed by external structural landscaping and internal tree and other planting to pull together and integrate the proposal into its wider landscape setting.

The scale and challenges of the site and landscape context have required a unique placemaking approach whilst also respecting and acknowledging the constraints imposed by landscape setting, ground conditions, topography and the need to design a viable and deliverable development. These parameters all have a role to play in defining the application in its current form.

A minor departure from LDP 9 SG guidance relating to amenity standards for housing in respect of plot ratio and garden sizes is considered to be acceptable in this instance given the design approach, site constraints and high level of amenity available to residents given the location of the development and the amenity qualities of the adjoining landscape. This is not considered to be a proposal where the resultant level of residential amenity enjoyed by future residents will be unacceptable to a degree that a refusal of planning permission on this basis would be justified. In respect of plot coverage the removal of front gardens and the provision of remote parking automatically reduces plot sizes and increases plot coverage. Flexibility on this matter is also considered appropriate due to the design approach taken.

In respect of window to window privacy some 17 of the 300 dwellings have been found not to comply fully with normally expected privacy distances between habitable room windows as set out at SG guidance for LDP 9. The applicants have proposed to ameliorate any privacy issues by the planting of trees at specific locations to interfere with window to window views and therefore protect privacy.. Officers were initially concerned that in seeking to resolve the privacy issue by planting trees, unacceptable impact on daylight and sunlight levels to some of the rooms may have been caused. Reassurance on the distances and orientation of the proposed tree planting have been provided by submissions from Gillespie’s Landscape Architects who have recognised expertise in designing such schemes for residential developments of all scales. Reassurance has also been provided in these submissions that the trees can be located as proposed without causing any structural issues to the houses. Members will note that a very strict and specific condition to ensure to retention of screening trees at the proposed location is recommended to be imposed. However officers have requested further detailed sunlight and daylight evaluations which will be submitted as a separate document which shall be reported to Members.

The core paths and other pedestrian and cycle routes will be extended to provide connectivity, permeability and access to the wider natural landscape. The proposals also include the future provision of a community woodland in accordance with Masterplan aspirations. A condition securing provision of the community woodland, yet allowing further time for The Community Development Trust to develop its own plans has been suggested with a 12 month period being suggested to allow the mechanism to deliver the community woodland to be clarified. The biodiversity officer has been closely involved in the design and layout of the landscaping proposals and the development is seen as an opportunity to diversify and improve the range of habitats available within the application site for the benefit of wildlife. The structural landscaping offers opportunities for enhanced habitat and biodiversity provision.

The drainage solutions proposed are SuDS compliant and the large SuDS ponds offer significant opportunity in respect of biodiversity and also the creation of attractive and accessible features. The design and planting of these important features have been brought forward in consultation with the Biodiversity Officer and the Access Manager as these SuDS pond represent important biodiversity and access and amenity features for the benefit of both residents of the new development and the wider community. A risk assessment of these features to ensure that the water features will be safe and present no dangers, particularly to younger children is required. This additional submission will be reported to Members.

Play space in accordance with standards is being brought forward. Additionally a teen play area in the form of a Multi-Use Games Area (MUGA) has been secured within the OSPA land to provide play opportunities for older children in accordance with he submitted Play Strategy document. The inclusion of this recreational facility accords with SG LDP REC/COM 2

There is also a minor incursion into the OSPA land in respect of the provision of the housing development and parts of Blocks C02 and C03. However this will not adversely impact upon the appearance or function of the OSPA and therefore a minor departure from SG LDP REC/COM 2 is in this instance considered acceptable as it has no material planning consequence to the OSPA in terms of function or appearance.

The Area Roads Manager is satisfied that sufficient justification has been provided within that submitted in support of the application to allow car parking to be 10% below stated LDP standards. As is set out in the more detailed evaluation of this matter this is not a departure from the development plan as the wording of policy SG LDP TRAN 6 specifically allows for reduced parking, if it is justified. The proposals are in accordance with the requirements of the Area Roads Engineer and have been brought forward in tandem to the Roads Construction Consent process as a matter of good practice.

The applicants originally proposed to utilise a neighbourhood biomass heating system, however further evaluation of sustainable heating technology resulted in this being replaced by an intention to use air sourced heat pumps for the residential units. The continued promotion of sustainable heating systems is to be welcomed and a condition in respect of the details of the design and installation of this equipment will be placed upon the grant of any permission to ensure visual and residential amenity are not impacted by these units.

Having considered the merits of the proposal and balanced those matters which favour the grant of planning permission against the non-compliance of some of the dwellings with LDP9 SG standards, it is considered that the benefits of delivering 300 affordable housing units as part of delivering a strategic planning aspiration through the approved Masterplan as part of the wider Lorn Arc project, and in accordance with delivering an important aspect of the Strategic Housing Investment Plan, outweigh the failure to meet LDP SG standards in full. Officers’ consider as a matter of planning judgement that there are no justifiable reasons as to why Planning Permission should not be granted as a minor departure from the development plan in this instance. ______

(Q) Is the proposal consistent with the Development Plan: No - Minor Departure ______(R) Reasons why planning permission or a Planning Permission in Principle should be granted The site of the proposed development is substantially within identified housing allocations within the adopted Argyll and Bute Local Development Plan (LDP). The principle of the proposal and the design, layout and material proposed accords with the policies of the LDP with the exception of a minor and justifiable departure from Policy LDP DM 1 (E) in respect of the application proposing to extend the site slightly beyond the identified housing site in the LDP into an area of land currently designated as countryside. Members have already authorised flexibility, where appropriate, on such matters in approving the Masterplan for the site(s).

A minor incursion into the OSPA land is proposed in respect of the provision of the housing development. However this will not adversely impact upon the appearance or function of the OSPA and therefore a minor departure from SG LDP REC/COM 2 is in this instance considered acceptable as it has no material planning consequence.

The reduction in the area of land to accommodate the development from that in the approved Masterplan has condensed the density of the development, however the reduced site area and design approach promoted are considered acceptable and respond well to the Masterplan aspirations. Other than the reduced site area, the proposals are considered to be fully in accordance with the approved Masterplan for Phase 1.

The delivery of Phase 1 of the approved Masterplan represents a significant investment in the local area will benefit those currently unable to find affordable accommodation and in accordance with the delivery objectives of the SHIP which is a material consideration in this instance.

Having considered the merits of the proposal and balanced those matters which favour the grant of planning permission against the non-compliance of some of the dwellings with LDP9 SG standards and other minor departures as set out above, it is considered that the benefits of delivering 300 affordable housing units as part of delivering a strategic planning aspiration through the approved Masterplan as part of the wider Lorn Arc project, and in accordance with delivering an important aspect of the Strategic Housing Investment Plan, outweigh the failure to meet LDP SG standards in full. Officers’ consider as a matter of planning judgement that there are no justifiable reasons as to why Planning Permission should not be granted as a minor departure from the development plan in this instance.

In this instance Officers consider that LDP policy compliance and material considerations which favour the grant of planning permission, as a matter of planning judgement, outweigh the minor departures from the Development Plan identified given the specific circumstances of this application. It is considered by Officers that there are no other material considerations, including views expressed by third parties, which would warrant other than planning permission being granted as a matter of planning judgement in this instance.

______(S) Reasoned justification for a departure to the provisions of the Development Plan

The application proposals is considered to represent a minor departure from the development plan for the reasons set out below.

LDP DM1

The application proposal has a small proportion of the proposed housing located outside the identified housing site allocations contained within the LDP. (Sites H4007, H4015 and H-AL 5/8). The land where the housing is proposed is designated as Countryside within the LDP and therefore minor departure from Policy LDP DM 1 (E) is required.

In respect of policy LDP DM 1(E) the redline boundary of the application site is outside the identified housing allocation sites and proposes to develop on an area of land currently designated as countryside in the LDP. For clarity, the only area of land outside an allocated housing site where housing is proposed to be constructed is a small area of land north east of allocation site H-AL 5/8 which comprises some 32 units out of a total of 300 units. This equates to 10% of the proposed units and is therefore not significant in comparison to the scale of development proposed.

It is material to this matter that in approving the Masterplan for the site in April 2017 (16/03368/MPLAN) it was understood that this was a complex and challenging site to deliver housing development taking into account ground conditions, topography and landscape fit. To this end the Masterplan Report, which has been approved by Members, specifically acknowledged that some alterations to the allocated housing site boundaries may be required as the detailed engineering and other landscape and ground condition surveys were undertaken. The approved Masterplan Report states at recommendation point 5 that:

5. Officers seek committee endorsement to accept that in moving the Masterplan forward to detailed planning application stage changes to layouts submitted may be required as the detailed topography and ground condition surveys are undertaken and engineering solutions to construction are developed on the basis of this detailed information. This may also include the need to locate elements of the development outside of the red line boundaries of the Masterplan sites set out in the LDP. Officers are suggesting that flexibility (on a without prejudice basis to the individual applications) on this matter can be shown, if necessary, to deliver the most appropriate design layout and solutions for this complex and difficult site.

It is of note that Architecture and Design Scotland have commented that:

We welcome the adjustment of the red-line site boundary following our previous engagement on the masterplan, which has enabled a more settled and site led solution to evolve that responds well to the existing phases of housing, complex topography of the site and the sensitive landscape setting.

Officers consider that justification for the minor boundary alteration has been provided in both the design and access statement in respect of landscape integration, and the engineering and ground condition survey information which has been provided. This flexible approach, where justified, has been endorsed by Members in approving the Masterplan. The proposal is therefore considered to represent an acceptable minor Departure from LDP DM 1(E).

LDP 9 SG

The proposal also fails to fully comply in some instances with the plot ratio and window to window privacy distances contained in LDP 9 SG advice. It should be noted that the garden sizes in LDP9 SG are not framed as fixed standards and therefore the failure to meet “ideal” size of 100sqm for dwellings set out in SG is not as clear a matter of potential departure as plot ratio and window to window distances.

The failure to meet all the standards of LDP9 SG advice in respect of garden sizes and plot coverage within the development is not considered to materially undermine the overall level of amenity enjoyed by future occupants of the proposed dwellings given the quality and characteristics of the landscape and setting within which the dwellings will be located. The occupants of these dwellings will enjoy immediate access to beaches, hills and open space within the wider landscape including upgraded footpath links and therefore it is considered that the level of external amenity space enjoyed by residents will be acceptable, notwithstanding the density and compactness of the layout. The proposal is therefore considered to be an acceptable minor departure from LDP 9 SG advice in respect of garden sizes and plot ratio

In respect of window to window privacy a small number of the 300 dwellings (insert number) do not accord with the required privacy standards and habitable room to habitable room distances (or angles between windows to mitigate proximity). Generally such matters are not acceptable and contrary to good planning and amenity protection. This however represents some 5% of the overall number of dwellings and mitigation in the form of tree planting to address these conflicts is now proposed. On balance, and as a matter of planning judgement it is considered that a minor departure from policy can be accepted in this case given the specific circumstances of the site and Masterplan aspirations which have informed the current design approach.

SG LDP REC/COM 2

In respect of the small area of the housing layout which extend into the Open Space Protection Area (OSPA). This does not undermine the value and functionality of the OSPA, and therefore it is also considered that this aspect of the proposals can be regarded as an acceptable and minor departure from policy SG LDP REC/COM 2.

Conclusion

The matters outlined above, both individually and cumulatively, are considered to be minor departures from the Development Plan set within the overall scale and context of the application. It is therefore considered that the application can be regarded as a minor departure from the development plan and capable of determination without reference to the Scottish Ministers.

______(T) Need for notification to Scottish Ministers or Historic Scotland: No ______

Author of Report: David Moore Date: 03.8.18

Reviewing Officer: Sandra Davies Date: 06.8.18

Angus Gilmour Head of Planning, Housing and Regulatory Services CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 18/00375/PP

1. The development shall be implemented in accordance with the details specified on the application form dated 23.3.17 and the approved drawing reference numbers:

D (--) 125 Rev L Site Plan D (--) 135 Rev A Refuse Strategy D (--) 183a Rev B Housing Configuration 22: 'V-SWch-K' Ground Floor D (--) 183b Rev C Housing Configuration 22: 'V-T-K' First Floor D (--) 183c Rev B Housing Configuration 22: 'V' Second Floor D (--) 184a Rev A Housing Configuration 23: 'W-SWch-K' Ground Floor D (--) 184b Rev B Housing Configuration 23: 'W-T-K' First Floor D (--) 184c Rev A Housing Configuration 23: 'W' Second Floor D (--) 185a Rev A Housing Configuration 24: 'Y-SWch-K' Ground Floor D (--) 185b Rev B Housing Configuration 24: 'Y-T-K' First Floor D (--) 185c Rev A Housing Configuration 24: 'Y' Second Floor D (--) 300 Rev A Typical Terrace - Ground Floor Plan D (--) 301 Rev B Typical Terrace - First Floor Plan D (--) 302 Rev A Typical Terrace - Second Floor Plan D (--) 310 Rev A Typical Type A1-K Semi Detached - Ground Floor Plan D (--) 311 Rev A Typical Type A1-K Semi Detached - First Floor Plan D (--) 320 Rev A Typical Type K Semi Detached - Ground Floor Plan D (--) 321 Rev A Typical Type K Semi Detached - First Floor Plan D (90)100 Rev A Location Plan D (90)101 Rev C Site Plan L (--) 130 Rev C Typical K Type Semi-Detached Elevations L (--) 131 Rev D Typical Configuration 22 - V, S/T, K Elevations L (--) 132 Rev B Typical Configuration 23 - W,S/T,K Elevations L (--) 133 Rev F Typical Terrace Elevations 1 L (--) 134 Rev G Typical Terrace Elevations 2 L (--) 135 Rev B Typical Configuration 24 - Y,S/T, K Elevations L (--) 136 Rev B Type A1-K Semi-Detached Elevations L (--) 150 Rev A Sections with Landscape Details A-A & B-B L (--) 151 Rev A Site Section C-C L (--) 152 Rev A Site Section D-D L (--) 153 Rev A Site Section E-E L (--) 154 Rev A Site Section F-F L (--) 155 Rev A Site Section G-G L (--) 201 Rev A Typical Terrace Roof Plan L (--) 202 Typical Type K Semi-Detached Roof Plan L (--) 203 Rev A Typical V Cluster Roof Plan L (--) 204 Type A1-K Semi-Detached Roof Plan L (--) 205 Rev A Typical W+Y Cluster Roof Plan L (--) 210 Section: Typical Terrace L (--) 220 Section: Typical Cluster Block 101 Rev 7 Landscape Masterplan 102 Rev 6 Landscape General Arrangement North 103 Rev 6 Landscape General Arrangement Central 104 Rev 6 Landscape General Arrangement South 106 Rev 1 Play and Open Space Provision 107 Core Paths, Cycle and Footpath Links 200 Rev 4 Street Cross Sections Studies 201 Street Sections 300 Rev 4 Typical Landscape Details 301 Rev 3 Typical Rear Garden Terrace 302 Rev 1 Typical Rear Garden Cluster 500 Rev 2 Landscape Visual Specification SK3000 Topographical Survey V (20)110 Terrace Grouping Aerial View Axonometric V (20)111 Terrace Grouping Perspective Views V (20)112 Terrace Grouping Aerial View - Axonometric Perspective

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

2. The development hereby permitted shall only be implemented by a Registered Social Landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification) and shall not enure for the benefit of any other person, company or organisation.

Reason: To ensure the provision of affordable housing to the standard required by the development plan in the absence of any other agreed means of securing such provision.

3. Prior to development commencing, an Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority. The Plan shall address requirements arising from the construction phases of the development and shall inform the production of construction method statements. This shall include details of the following:

i. A construction method statement to demonstrate how potential impacts on otters and their safety shall be incorporated into normal site working practices and having regard to the recommendation contained in the updated Protected Species Survey Report dated 24.7.18 ii. Details of proposed rock extraction and/or blasting:  If blasting, hours and times and publicity for residents/other premises will be required. All blasting to be monitored at points to be agreed and subject to specified vibration limits.  If a pecker to be used then hours of operation require to be provided and approved. iii. Rock crushing and storage/use of aggregates created on site iv. Ground works phasing and waste management plan associated with movement/storage of all waste materials. v. Protection measures for the water environment during construction to be agreed in consultation with SEPA to protect the water environment and in accordance with the water directive vi. Details of all waste storage/movement /disposal or use vii. Details of importation of materials and their storage viii. Details of the location of construction compounds to be formed ix. Details of the phasing of the construction of the dwellings x. Details of any phased occupation of the dwellings xi. Details of any external lighting to be used during construction xii. Full land restoration details; to tie in with the proposed strategic and other landscaping proposals to ensure that the land within and/or adjacent to the application site where it has been physically altered by the construction of the development is restored to an acceptable appearance. xiii. Adherence to the requirements of any other submitted and approved details and other conditions

The development shall be implemented in accordance with the requirements of any approved Environmental Management Plan and any phasing of works and details agreed in this document or as may otherwise be agreed in writing by the Planning Authority.

Reason: In the interests of pollution control to adjoining watercourses and protection of, residential amenity, visual amenity and wildlife.

4. Prior to the commencement of works a Traffic Management Plan shall be submitted to ensure safe access and egress for pedestrians and vehicles throughout the period of construction activity. This plan requires to be formulated in consultation with the Roads Authority to co-ordinate construction traffic associated with this application to the ongoing upgrade works to Kirk Road. The Plan shall detail approved access routes, agreed operational practices (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, reporting of verge damage) and shall provide for the provision of an appropriate Code of Practice to drivers of construction and delivery vehicles. All to be agreed in consultation with the Area Roads Engineer.

Reason: In the interests of roads and pedestrian safety

5. Prior to the commencement of development an Updated Peat Management Plan in shall be submitted setting out further details of the proposed management of peat impacted by construction works to the satisfaction of the biodiversity Officer

Reason: To ensure the appropriate management of Peat during the construction process

6. Notwithstanding the effect of condition 1, no development shall commence until samples and/or full details of materials to be used in the construction of :

(i) boundary fences; (ii) external materials finishes of all the houses/flats (iii) any other walls to be constructed in the development; (iv) roads and parking areas; (v) footpaths; (vi) shared surfaces

have been submitted to and agreed in writing by the planning authority. The development shall thereafter be completed using the approved materials, or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to secure the use of appropriate materials.

7. No construction of any dwelling shall commence until details for the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick-up by refuse collection vehicles, have been submitted to and approved in writing by the Planning Authority. Thereafter the duly approved provision shall be implemented prior to the first occupation of the dwellings it is intended to serve.

Reason: In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with Policy SG LDP SERV 5(b).

8. Notwithstanding the landscape information submitted in support of the application, further information to include details the specific species and size/mix/numbers of the proposed planting throughout the site shall be submitted to the planning authority for approval in consultation with the Biodiversity Officer within 12 Months of the date of this permission, together with details of the proposed maintenance regime associated with the planting and clarifying the parties responsible for such future maintenance.

For the avoidance of doubt all landscaping proposals and maintenance details in respect of the proposed SuDS ponds shall be submitted in accordance with the requirements of this condition and not condition 17 unless otherwise agreed by the Planning Authority.

Reason : In the interests of amenity and biodiversity.

9. Any trees or shrubs which fail to become established, which die, are removed or become seriously diseased within 5 years of the implementation of the scheme shall be replaced in the following planting season by equivalent size and species of trees or shrubs as those originally required to be planted ( With the exception of the trees planted to protect window to window privacy as set out in drawing **** and schedule***where a separate condition in respect of these matters will apply)

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity and biodiversity.

10. The trees identified and numbered on the landscape layout plan shall be planted prior to the occupation of the residential units on the plots they are intended to provide privacy for. These trees shall be replaced, with no time limit of liability, should they die or become seriously diseased with a heavy standard tree, or larger, of the same species of tree. Any works other than routine maintenance of these trees shall require the written permission of the planning authority and they shall not be felled, lopped or topped in a manner which would undermine their function as screening between habitable rooms.

For the avoidance of doubt this condition will apply in perpetuity to the original trees and any future replacement planting.

Reason: To ensure the future protection of residential amenity and specifically privacy 11. Within 12 months of the date of this planning permission a Community Woodland Delivery and Maintenance Plan shall be submitted to the Planning Authority. This document shall contain the following information;

 Location and boundaries of the proposed Community Woodland,  Locations, species and size of proposed planting  A maintenance regime and responsibility for this maintenance  Footpath/access proposals and seating provision associated with the proposals clarifying the integration of the proposals to the existing and proposed footpath network approved by this permission

Such details as may be approved shall be implemented prior to the occupation of the 250th dwelling or in accordance with any agreed phasing contained within the Community Woodland Delivery and Maintenance Plan or as may otherwise be agreed in writing by the Planning Authority.

Reason: To ensure the Community Woodland is delivered in accordance with the approved Masterplan objectives.

12. Details relating to the provision and construction of the proposed upgraded footpath network in accordance with the requirements of the Access Manager in his consultation response dated 13.6.18 and accompanying annotated plans shall be submitted, together with clarification of the proposed maintenance regime and responsibility for this maintenance, for the approval of the Planning Authority within 12 months of the date of this permission. Such details as may be approved shall be duly implemented prior to the occupation of the 250th dwelling hereby approved or as otherwise may be agreed in writing by the planning authority. Works to include:

 C163: Should be constructed as a 2m wide unbound path, seating should be provided at regular intervals along the route, at points where users will want to rest. Substantial pieces of natural stone excavated from elsewhere on the site should be used to provide the seats. These should have a level, upper surface between 450 and 550mm in height of adequate size for two or more people to rest. Signage and way marking should be provided to encourage greater use of the path network. The section of path that should be improved being annotated on a copy of Drawing No P10970-00-001 Landscape Masterplan provided by the Access Manger in his consultation response.

 Construct a section of Cycle Path between the end of the southernmost road and C198 as annotated on the plan attached to consultation response to appropriate standards.

 The two paths between the end of the southernmost road and C163 should be built to the same specification as C163. Highlighted in blue on plan attached to consultation response.

In addition the following matters require to be complied with:

 The level of any new road crossing a path should be tied into it so that the movement of walkers, cyclists or horse riders is not impeded  Any gates erected on paths or tracks should be provided with a bridle gate to allow public access; in order to stop livestock from straying this should be fitted with a self- closing device.

 Core Paths should not be obstructed at any time during construction and must be reinstated – If a closure (Stopping Up) or diversion is required this must be agreed with the Council Access Officer.

 Rights of Way probable or claimed should not be obstructed at any time during construction and must be reinstated – If a closure (Stopping Up) or diversion is required this must be agreed with the Council Access Officer

 The wider path network should not be obstructed at any time during construction and must be reinstated – If a closure or diversion is required this must be agreed with the Council Access Officer prior to the commencement of construction

Reason: In order to maintain and improve the footpath network around the site in accordance with Masterplan objectives to promote improved outdoor recreational amenity for residents and visitors.

13. Pursuant to Condition 1 –Details for the provision and maintenance of proposed areas of communal open space and equipped play area(s) within the development shall be submitted for the approval of the Planning Authority prior to the occupation of any dwelling house hereby approved. The details shall comprise:

i. A plan confirming in detail the location and extent of communal open space and equipped play areas; to include the Multi Use Games Area (MUGA). ii. Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors); iii. Proposals for the timing of the provision of the play area(s) in relation to the phasing of the development; iv. A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on-going inspection, recording and procedures for detailing with defects along with details of the parties responsible for such maintenance.

The communal open space and equipped play area(s) shall be provided prior to the occupation of the residential units they are intended to serve in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter.

Reason: In order to secure provision and retention of communal open space and equipped play areas within the development in accordance with the standards set out in the Development Plan.

14. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: In order to protect archaeological resources.

15. No construction plant and / or machinery shall be operated on the site outwith the following times: 08.00 – 18:00 Monday – Friday, 08:00 – 13:00 Saturday nor at any time on Sundays, Bank or Public Holidays unless otherwise approved in writing by the Planning Authority in consultation with Environmental Protection.

Reason: In order to control noise nuisance in the interest of amenity.

16. Prior to commencement of development full details of all external lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

Reason: In order to avoid light pollution in the interest of amenity and ensure construction activity lighting minimises potential disturbance to wildlife

17. Notwithstanding the provisions of Condition 1, the development shall be implemented in accordance with the drainage and flooding details and recommendations set out in the approved Engineering Strategy Report and associated figures 2, 3 and 4 therein. Further details in respect of the following matters shall be submitted for approval before the construction of any dwelling:

i. Confirmation that finished floor levels of all dwellings will be at least 0.3m above ground level ii. Culverts and rerouted channel(s) to be designed such that pre-development channel capacity is retained and allowance for low flows made. Design to be in accordance with SEPA WAT-SG-25 and CIRIA C689. iii. Surface water drainage system to be designed in accordance with CIRIA C753 and Sewers for Scotland 3rd Edition iv. The Suds ponds shall be constructed in accordance with the details contained within any approved Risk Assessment Report

Such additional drawings/details as may be approved shall be implemented and retained unless as otherwise agreed in writing with the Planning Authority in consultation with their flooding advisor.

Reason: In order to ensure appropriate mitigation for flood risk.

18. Prior to the construction of any dwellings details of the maintenance responsibility and a schedule of maintenance arrangements of the approved drainage works shall be provided to the Planning Authority for their approval Reason: To ensure appropriate maintenance provisions in respect of the approved drainage details are secured.

19. Details of all air sourced heat pumps, which do not comprise permitted development under the Town and Country Planning (General Permitted Development Order) (Scotland) 1992, or as may be amended in respect of such development, shall be submitted to the planning authority for their approval.

Reason: In the interests of residential and visual amenity

20. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any other revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, any development referred to in Part 1 and Classes 1A, 1C, 1D, 3A, 3B and 3E and as summarised below:

Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purposes of the enlargement.

Class 1C.The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

Class 1D. Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

Class 3A.—(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

Class 3B.The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

Class 3E.—The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

Reason: To protect the setting of the proposed dwelling houses and to ensure alterations are not undertaken without due consideration to both amenity and passive observation safety considerations inherent in the design of the proposals by development normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011.

21. No construction work shall commence until such time as details have been provided to demonstrate compliance with the following matters to the satisfaction of the Area Roads Engineer: : (ii) The distributer road shall be 6m wide other roads 5.5m wide

(iii) Footways shall be 2m wide and required both sides of the carriageway. Where there is no footway 2m service strips are required.

(iv) A maximum gradient of 8% on all roads

(v) A turning head will be required in each cul-de-sac and at the head of the distributer road. Design as per Figure 18 of the National Roads Development Guide.

22 Within 12 months of the date of this permission a Green Transport Plan shall be submitted to the Planning Authority to demonstrate how the development will be served by public transport. Details to include the provision of bus stop locations and the bus services which will serve the site. This document shall be produced in consultation with the Community Transport Division of the Council. Details of any proposed phasing shall be provided and thereafter such details as may be approved shall be implemented in accordance with the approved Green Transport Plan unless as otherwise agreed in writing by the Planning Authority.

Reason: To ensure an appropriate level of public transport infrastructure is available to residents of the new dwellings NOTES TO APPLICANT

1. The length of this planning permission: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period. [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

2. In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

3. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

4. The planning application will require the submission of an application for Roads Construction Consent

5. All external lighting should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B. Site specific advice may be obtained by contacting the Council’s Environmental Health Officers.

6. The proposed diversion of core PATH 163 will require a Section 208 Diversion Notice which the applicant is advised to seek at the earliest opportunity. Details in respect of this can be obtained from the Council’s Access Manager as set out in his consultation response dated 5.6.18. APPENDIX A – RELATIVE TO APPLICATION NUMBER: 17/00837/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

Within the adopted Argyll and Bute Local Development Plan (March 2015) the Council has designated a Strategic Masterplan Area under MAST 1/12 “Dunbeg Corridor”. This area includes the following uses; Education, housing, commercial, including neighbourhood retail, business and industry.

The current application proposal sits within this wider strategic area but concentrates on housing delivery by Link Group Ltd in relation to Phase 1 of the approved Masterplan on identified housing allocations H-AL 5/8, H4007 and H4015. This is for 300 dwellings. All of the dwellings will be “affordable housing” for rent.

The settlement and spatial strategy states that the LDP needs to ensure that this potential for growth can be fully realised through a planned expansion of Oban, including the Dunbeg corridor, including the need for high quality affordable housing. (Para 2.2.1). Para 2.2.2 identifies 5 aims, the third and fourth of which are of relevance to the Dunbeg area and current planning application:

• A place that can offer a wide range of housing choice in places with modernised essential services and infrastructure with a focus of larger scale growth in Oban, the Dunbeg corridor and Tobermory in Mull.

• A competitive place better connected to the global economy – with thriving island and mainland communities that provide an incentive for businesses to locate to, particularly at Dunstaffnage in relation to the European Marine Science Park and the implementation of the Lorn ARC* together with major tourism related developments at Saulmore Farm and Tom Leith at Dunbeg.

The current application represents Phase 1 of the approved Masterplan for Dunbeg proposes 300 units of social housing comprising a mix of 1, 2, 3 and 4 bedroom units to meet the needs of the community.

The location and scale of development proposed is therefore in accordance with the objectives and land use allocations within the adopted LDP and its settlement strategy. The proposals are therefore considered to accord with LDP STRAT 1 and LDP PROP 2.

B. Location and Design of Proposed Development

The site is bounded by the settlement of Dunbeg to the east, the sea to the north and west, open land to the south and an open space protection area with HIE and SAMS beyond this to the north east. The site is a complex mix of topography and ground conditions as indicated in the submitted reports which have informed the design and layout of the proposals as set out below:

 Design and Access Statement,  Landscape and Visual Assessment report (LVIA);  Engineering Strategy Report  Transport Assessment (TA)  Ecological Constraints and Opportunities Plan  Peat survey

These documents combine to illustrate how the current design proposals have evolved from the approved Masterplan based upon greater detail and understanding of the site, its setting and constraints and the challenges to delivering development.

Compliance with objectives of Approved Masterplan: 16/03368/MPLAN

In bringing forward any detailed housing application it is essential that the aspirations of the approved Masterplan are both respected and delivered. To this end the current planning application represents Phase 1 of the approved Masterplan to deliver much needed housing in the Oban Area. In bringing forward the current design and layout the applicants submit that they propose to bring forward, amongst other objectives, a sustainable Affordable Housing, Mixed Use Community for wider Oban with its own. The application proposes a mixture of new homes: terraces, semi-detached houses and flatted blocks, ranging from single to a maximum of 3 storey’s arranged around a clear hierarchy of safe, direct and attractive routes, providing a series of pedestrian orientated streets, squares and clusters, accessed from the continuation of the existing vehicular distributor road, itself a tributary of the soon to be upgraded Kirk Rd - linked to Dunstaffnage, the village of Dunbeg and the A85.A variety of residential blocks combining terraces, semi-detached and cluster groupings combine with their varied scale not only as part of a placemaking approach defining routes, places and providing architectural markers. .

Officers consider that these objectives are also in accordance with the approved Masterplan aspirations. Members are however requested to note that the 300 units are being proposed within a much reduced site area to that indicated in the Masterplan with much of housing allocation site H4015 having no residential development proposed on it. Officers’ estimate that only 50% of this identified site has any housing proposed on it.

Landscape and Visual Impact Assessment (LVIA)

In approving the Masterplan for the site an important requirement was that a Landscape and visual Impact Assessment was undertaken (LVIA) to inform the location and design details of any housing proposals.

This exercise has been undertaken by the applicants and an LVIA submitted to clarify the reasons for the location, overall design and setting of the proposed 300 dwellings and how they fit into the landscape. It should also be noted that reference is made to ground conditions and ecological study findings informing the layouts and details of the design within the Design. Layout and Materials section of this report.

The LVIA considers impacts during construction, impacts on completion, and mitigation. Officers have reviewed the submitted LVIA and consider that it is of an appropriate standard which properly evaluates the potential landscape effects of the proposals. Given the scale of the proposed development, it is unavoidable that there will be some change in the appearance of the site. However Officers are in agreement that the design and layout which has been proposed will minimise any landscape Impacts due to

 the impact on the landscape being reduced due to the design following the contours of the site minimising the cut and fill required,  The overall footprint of the site has reduced decreasing potential impact  The use of structural planting around and within the housing layout to assimilate the built form into a comprehensive landscaped framework  The proposals being read as an extension of the existing urban form of the village of Dunbeg and not as an isolated urban form  The proposals drawing together the existing Phase 1 and 2 development within a cohesive landscape framework reducing their landscape visibility

Officers are in agreement with the conclusions of the LVIA. Given the above it is considered that the proposals are in compliance with SG LDP ENV 14. Particularly when the proposed strategic landscape proposals around the design layout are considered. The impact of the proposals will diminish over time as the landscaping matures and softens the visible massing of the development within its context.

Design, layout and materials

The more compact layout which goes to the heart of the design led approach seeks to replicate a rural village not suburban density and character. This proposal will not appear as or have the character or appearance of other recently approved housing layouts due to the design approach of removing all front gardens and on plot parking and promoting a shared space designed in accordance with a placemaking approach at the heart of the design process to deliver the housing.

The applicants contend that the scale and challenges of the site and landscape context have required a placemaking approach to not only establishing a true sense of place and quality in the proposed housing layouts, but also respecting and acknowledging the constraints imposed by landscape setting, ground conditions, topography and the need to design a viable and deliverable development utilising funding to be provided by the Scottish Government, Argyll and Bute Council and Link Housing Group. Officers’ accept that these parameters all have a role to play in successfully bringing forward housing development on this site.

An important aspiration of the development concept is to provide a new and attractive wooded setting for the proposed residential neighbourhoods, which will connect with adjacent areas of established woodland. Tree planting will be designed in conjunction with the street and road layout to provide areas of enclosure but also retain open areas over the existing undeveloped and undulating land to the west of the proposals. The core paths and other pedestrian and cycle routes will be extended to provide connectivity, permeability and access to the wider natural landscape.

Architectural detail and interest is added to the building design through the use of recesses, openings and detailing of differing materials. Principal building materials of walling and roofing combine with hard surfacing to be of a muted tone and integrate into, not compete with the landscape settings. The proposed palette of walling and roofing is similarly muted to assist integration and a cohesive design approach. However a wide range of textures and materials will be used in respect of both the housing and the wider urban environment to include the shared surfaces and amenity spaces.

The principal walling material is a very rough wetcast render proposed for its weathering and textural qualities. Four to five different colourings are envisaged to appropriately vary not only individual terraces but block groupings and individual elements throughout the development. Brickwork and or a contrasting smoother render is envisaged for the 'set back; facades that terminate the terraces. Further architectural detailing is provided at principal entrances to terraced houses - either via timber lined recessed porches or metal canopies which delineate entry and provide shelter. It is also proposed to incorporate ‘deeply set openings' to civic facades to add further variation and interest to main elevations of some of the units.

Details are set out in the visualisation submitted at V (20)110-112. There is potentially going to be a greater choice of colours and finishes available than the three render tones indicated on these drawings and therefore a condition requiring further details and samples of all external finishes will be imposed to secure control over the detail of the final finishes of the houses and flats.

Returning to the landscape led approach and its relationship to the built form and setting of the proposals; the structural landscape proposals outlined in Section 7 of the Design and Access Statement outlines the layering of an 'inner landscape' to enhance and define building lines of the various terraces of the central square, routes and outer grouping softening visual appreciation. The use of urban form, and spatial variation with extensive internal and external landscaping is considered to form an attractive development which response appropriately to the site and its landscape setting.

Substantial internal urban landscaping impact in the short to medium term through the use of heavy standard trees within the main urban “squares” will promote an almost immediate softening and breaking up of the urban form and space promoting an attractive a cohesive balance to the internal streets of, mass/space, variation of materials and landscaping. When the variations in topography of the site and the slopes within it, which add variation and interest to the urban form, are also considered it is the opinion of Officers’ that an attractive development is proposed which puts placemaking at the heart of the design approach.

Architecture and Design Scotland consider that:

“…There is much to be supported – the provision of 300 affordable homes on a challenging site, with some exemplary placemaking and spatial qualities coming through…The proposed site layout responds well to the undulating topography and has the potential to provide an exemplary place response”.

Notwithstanding the above, the plot ratios, garden sizes and window to window distances are not in accordance with the requirements of LDP 9 SG. However it is considered acceptable in the context of the overall design objectives that flexibility in respect of garden size, plot ratio and window to window separation is appropriate.

Officers are of the opinion that a “one size fits all” approach on a challenging site such as this, with a clear placemaking design agenda, is not considered appropriate and it is considered that due to the circumstances of the proposal and site characteristics that flexibility can be shown in this particular instance. Housing design and layout Standards contained in LDP 9 SG

In respect of Policy LDP 9 and associated supplementary guidance, the design approach to this challenging site has sought to concentrate on creating a compact high quality “place” which sits within the landscape/topography is rural and not suburban in character in terms of streetscape and spaces within it.

The layouts and designs are supported by A&DS who consider that the proposals meet the approved Masterplan objectives and represent potentially exemplar design approach in seeking to promote placemaking.

Plot Ratios and Garden Sizes

SG in relation to design of new housing clarifies that:

Open Space/Density: all development should have some private open space (ideally a minimum of 100 sq. m), semi-detached/detached houses (and any extensions) should only occupy a maximum of 33% of their site, although this may rise to around 45% for terrace and courtyard developments.

The plot ratios for the development are in excess of those normally accepted as part of a standard residential development set out at LDP 9 SG and the garden sizes are generally below the “ideal” of 100sqm for family housing also set out in SG. More detailed evaluation of the plot sizes, plot coverage and garden sizes have been provided by the applicant in the form of a detailed table evaluating each plot.

It is clear from the information provided by the applicants and the schedule of information related to plot and garden sizes submitted that on a basic evaluation of compliance with plot ratio and garden sizes that this is a denser and more compact form of development than more standard housing proposals.

It is considered by officers that a flexible evaluation of this particular proposal is required in having regard to the Masterplan and place making objectives promoted. The design approach involves the deliberate removal of front amenity areas for the housing which usually accommodate allocated parking spaces and some garden area, with “off plot” parking being provided. This has resulted in a reduced plot size and inevitably weights the plot coverage upwards. This is considered to be a consequence of the design concept for the development and not an attempt to reduce plot and garden sizes to unacceptable levels.

The units designed for those who require wheelchair compatible accommodation (Type A1) has the largest plot coverage due to the increased internal space standards associated with f internal space wheelchair mobility requirements increasing the footplate of the building.

In balancing whether the higher plot density and less than “ideal” garden sizes of 100sqm are acceptable, and notwithstanding the design aspirations and placemaking objectives inherent in the proposed layout, it is also considered material to have regard to the substantive open recreational areas and beach within the immediate locality of the development proposal. The footplate of the development has been reduced to respect and integrate into the landscape. As a consequence more of the existing attractive and open landscape around the development has therefore been retained as much of housing allocation site H4015 will not be built upon. This retained landscape area and wider open landscape towards Ganavan will be available to residents of the new houses to use and will provide, in combination with the beach and improved footpath networks, an high level of outdoor amenity space to the occupiers of these dwellings “on their doorsteps”. This is considered material to the overall judgement as to whether the smaller than “ideal” garden sizes being promoted are considered to be acceptable given the above considerations.

It is Officers’ view that in forming a judgement the level in formal and informal amenity space and the proximity of this to the new dwellings will adequately offset the gardens being generally smaller than the suggested “ideal” size in SG. To increase plot sizes and garden sizes would potentially undermine the placemaking agenda at the heart of the design.

Window to window Privacy

SG design advice in respect of window to window privacy states:

No main window of a habitable room (i.e. all rooms except bathrooms and hallways) within a dwelling shall overlook (directly facing) the main windows of habitable rooms in neighbouring dwellings at a distance of less than 18 metres*. Plans submitted with planning applications will be required to show the location of all adjoining properties and the exact position of their main windows. A distance of 12 meters is required between habitable room windows and gable ends or elevations with only non-habitable room windows. These standards may be relaxed where the angle of view or the design (i.e. use of frosted glass) of the windows allows privacy to be maintained. In some cases a condition may be attached to a planning consent withdrawing permitted development rights to insert new window openings . *This may not be possible in densely built areas or ‘courtyard-type’ schemes.

In respect of window to window privacy some 17 of the 300 dwellings have been found not to comply fully with normally expected privacy distances between habitable room windows as set out at SG guidance for LDP 9. The applicants have proposed to ameliorate any privacy issues by the planting of trees at specific locations to interfere with window to window views and therefore protect privacy. Officers were initially concerned that in seeking to resolve the privacy issue by planting trees, unacceptable impact on daylight and sunlight levels to some of the rooms may have been caused. Reassurance on the distances and orientation of the proposed tree planting have been provided by submissions from Gillespie’s Landscape Architects who have recognised expertise in designing such schemes for residential developments of all scales. Reassurance has also been provided in these submissions that the trees can be located as proposed without causing any structural issues to the houses. Members will note that a very strict and specific condition to ensure to retention of screening trees at the proposed location is recommended to be imposed. However officers have requested further detailed sunlight and daylight evaluations which will be submitted as a separate document which shall be reported to Members.

Summary

The concept for Dunbeg is to provide a rural village quality. This will be characterised by narrow streets and buildings in an informal arrangement opening out into larger groupings of houses clustered around a central space and also larger squares where there is a high contrast to the tighter streets.

The applicants aspire to promote:

Traditional village streetscapes that grow incrementally over time and have a juxtaposition of building, landscape and street alignments is the model that Dunbeg is based on to create a visual interest through density, contrast and unexpected streetscape vistas.

It is considered that in this particular instance, and having regards to the circumstances of this application and the matters which weigh in support of its approval that flexibility can be shown in respect of window to window distances, plot ratios and garden sizes in order to deliver the Masterplan design aspirations and a compact and attractive development which limits significant cutting and filling in the landscape and delivers a development of 300 affordable dwellings in accordance place making agenda on this challenging site.

The design is a response to the unique landscape context of the site and approved Masterplan design aspirations and therefore Officers are content that flexibility can be justified in this instance without setting precedent in other differing circumstances. The scale of this development 300 and landscape/ground condition characteristics of this site provide a unique opportunity to adopt a placemaking centred approach.

That a design and layout responds to the landscape setting, site characteristics and the placemaking agenda is considered to be a material consideration which favours the development proposals despite failure to meet in full the standards set out in LDP 9 SG advice. This is regarded as a minor departure from the plan as a whole as the objectives of policy LDP 9 are considered to be met by the design and layout proposed.

D. Formal and Informal Open Space

Provision of formal open space provision within the development is in accordance with required standards. The informal recreational land provision exceeds the required standards. It should also be noted that this development will deliver the outstanding formal play and informal recreational areas for Phase 1 and 2 (75 dwellings) which has not as yet been provided, and therefore formal and informal play space has been provided for 375 dwellings and not the 300 associated with this application. Such matters are clarified on drawing 106 Revision 1.

The agreement of the applicants to provide an additional play area for older children and teenagers through a Multi-Use Games Area (MUGA) on the corner of the Open Space Protection Area is particularly welcomed. This is also indicated on drawing 106 Revision 01. Given that the proposals for the MUGA relate to providing improved recreational facilities designed to respect and maintain the character of the OSPA through utilising a sympathetic pitch material and locating any structures to minimise visibility and impact on the role and function of the OSPA the proposals are considered to comply with SG LDP REC/COM 2.

A play strategy indicating the following has been submitted:

 Dunbeg has an outstanding and accessible natural environment on its doorstep. The “park” for the village is the adjacent heathland tracks frequented by dog-walkers, joggers, families, friends and individuals seeking to enjoy a great outdoors that has adjacent hills, vales, streams, tidal bays and shoreline….the provision for younger play is fully integrated and evenly distributed throughout the proposals while accommodating older play opportunities within the site.

 The new peripheral footpath linking to the existing coastal path provide an excellent informal “trim trail” around Phase 3 of around 2km with options to shorten this through the permeable nature of the proposed development or extend to 3km if including the existing settlement and the footway of the upgraded Kirk Road. Phase 3 of Dunbeg will provide a healthy and attractive environment that contributes to the well-being of all ages.

 Material that is retrieved from the site, such as the field-stone walls or larger monoliths that may emerge in the site excavation could be utilised as natural objects on which to play and clamber. The large tree that will be felled to make way for the new access road near the turning head can be trimmed and relocated as a horizontal natural play object.

The above approach and the information provided in the drawings and other submissions is welcomed and represents a play strategy in accordance with the wider aspiration of the Masterplan of providing benefit for the whole community. The details associated with its delivery will be subject to a planning condition requiring further details of what, when and where these play areas and equipment/ features will be provided as well as proposed seating areas. This strategy should be considered in combination with the agreed footpath improvements required by the access manager which will provide wider accessibility to the surrounding landscape and coastal walks. The SuDS ponds are also designed to allow access to those of limited mobility and to include seating to allow passive recreational use of these biodiverse areas. Stock proof fencing is proposed around these and details of this will be subject to appropriate conditions in respect of the details to be provided in order to ensure public safety.

The proposal Community Woodland will also potentially offer further formal/informal recreational opportunities, however the detailed design and phasing of this will be subject to a specific and separate condition.

An appropriate condition relating to the provision and maintenance of formal play equipment and the submitted play strategy will be imposed. The proposals are therefore in accordance with the requirements of SG LDP HOU 3 and SG LDP REC/COM 2.

E. Natural Environment/Biodiversity/ Impact on Woodland

Extensive discussions have taken place between the Council’s Biodiversity Officer and the applicant to ensure that biodiversity interests were given appropriate weight and consideration in bringing forward the current proposals. A biodiversity checklist has been submitted as required. The current application was regarded by officers as an opportunity to substantially improve biodiversity through the creation of additional and substantial woodland areas, SuDS ponds which have amenity and wildlife benefits, and also to generally provide a more diverse habitat mosaic over the application site than the current situation. For clarity there are no statutory or non-statutory designations within or adjacent to the site. A number of supporting studies have been submitted related to the natural environment, Biodiversity and impact on woodland as follows:

 Protected Species Survey (October 2017 and 24.7.18)  Ecological Constraints and Opportunities Plan (October 2016)  Dunbeg Woodland Concept Woodland Funding Study (August 2017)  Tree Survey Report (November 2017)  Woodland Planting and Management Plan (November 2017)

Such considerations have been substantive matters in bringing forward the current proposal. The Biodiversity Officer has commented that she welcomes:

“the design concepts of connectivity and relief using a variety for tree species in various settings from streetscape to peri-rural planting and the introduction of a community woodland (note this has a Woodland Planting and Management Plan) which will link to the existing Ancient woodland. I note that the proposed planting will be informal in context, this fits well with the existing landscape and will benefit biodiversity in terms of individual species and linkages acting for the most part as wildlife corridors.”

Strategic Tree Panting and other Landscape proposals

The proposed external structural tree planting at Dunbeg will vary from 20 – 30 m to work with the contours and provide a more irregular and naturalised edge to the planting. The profile of the planted strip would have taller tree species in the middle with smaller trees to the edge where there would also be shrub planting. Within the planted strip would be ground- cover planting to further disturb and beak-up wind movement - as well as create a more diverse ground habitat. All species would be native. The Shelter Belts would be an accessible amenity with a woodland quality. A perimeter footpath network with connecting paths from the new housing areas would integrate them into the development.

The outer landscape will be an important landscape framework, provide some visual screening and create green corridors for commuting species. There are areas where the outer landscape of the natural woodland is designed to encroach in towards the inner landscape of the streets. This is an important aspect of the project that conveys the connection of this place to the natural environment and a blurring of defined urban and countryside edges. The tree species for planting for these areas of encroachment are identified in the supporting documentation.

The inner landscape of Dunbeg Phase 3 is the space between buildings occupied by roads, paths, parking and places for amenity and service. The treatments fall into hard surfaces of paved materials and soft surfaces of grass, ground-cover, shrubs and trees. The design of the inner landscape seeks to balance the use of hard and soft surfacing in order to address place-making aspirations. It is considered by officers that the proposals successfully deliver on this approach and the use of heavy standard trees within the inner courtyard areas and at other points in the “urban landscaping” is particularly welcomed as these trees will have an immediate softening impact on the urban form making the design more balanced in respect of hard and soft features within the street scene and from residential outlook. Whilst supportive of the general aspiration and approach the biodiversity officer considers that greater detail on “what will be planted where” should be provided for approval and a condition to this effect will be imposed on any grant of planning permission.

Community Woodland

In respect of the proposed Community Woodland, the applicants are currently in the process of setting up a Development Trust to allow engagement with the local community to ensure they are important partners in the delivery and management of this woodland. This would also seek broad engagement with local groups and the primary school. The community focussed approach is welcomed.

It is a Masterplan objective that a community woodland is provided and therefore a condition will be imposed on any grant of planning permission to require the provision of the community woodland through a planting, management and maintenance document to be submitted and approved by the Planning Authority within an appropriate timescale for delivery prior to the completion and occupation of all of the dwellings.

This will allow reasonable time for the Development Trust to be developed as a mechanism to deliver the woodland. However from a planning perspective the woodland formed part of the Masterplan vision, and therefore irrespective of whether the Development Trust to deliver the community woodland is forthcoming, Officers will continue to require the provision of the community woodland to accord with both masterplan objectives and the terms of the current planning application.

It is noted that an objector has specifically commented that the Community Woodland should be the responsibility of the applicant/developer to provide and the proposed condition will address this stated concern over certainty of provision.

The proposed structural tree planting, landscaping and community woodland proposals are considered to represent a considerable benefit to the area and the setting of both proposed and existing development and therefore to accord with SG LDP ENV 6.

Peat Management Strategy

Peatland is a priority habitat and the development recognises the need to avoid deep peat. Indeed the soil samples from boreholes set out in the Engineering Reports submitted with the application have informed the design and layout of the proposals to avoid deep peat. However given the complexity of the site and ground conditions this is a matter which requires detailed consideration. A peat management strategy report was submitted on 21.6.18. This confirms that:

The PMS will be developed into a detailed, site specific Peat Management Plan (PMP) post planning consent, during the pre‐construction stage to incorporate further site investigation data, detailed design information and construction method statements. The PMP will be agreed with the planning authority in prior to any construction commencing. The Peat management Strategy also confirm the role that this has had in informing the design and layout of the proposals, clarifying that the outline development layout was determined through an iterative design procedure which considered various constraints.

The detailed design considerations have included the distribution and depth of peat across the site with the layout seeking to minimise the quantity of peat impacted by the following approach being adopted:

 Avoid areas of peat, and particularly deep peat where possible; areas of the site have been assessed as “not suitable” for development due to either environmental issues, poor ground conditions, flooding issues or topography;  Existing roads are used for access where possible;  Where new roads are required through areas of peat, plan alignment through areas where rock can be easily won, or consider floating road design;  The construction compound(s) (and borrow pits, if required) shall be located in areas where peat is absent;  Any drainage within or near peat should maintain the natural hydrological regime draining to the peat;  A construction phase surface water management plan shall be provided for the construction phase to manage drainage in relation to peat.  Design piled foundations where ground conditions allow and peat conditions are such that removing the peat would cause more disturbance. This practice would be dependent on safety, cost and construction logistics and consideration of other potential environmental impacts such as noise, vibration and disturbance of wildlife.

This approach accords with the consultation response of the Biodiversity Officer and therefore this matter will be covered by the use of an appropriate suspensive condition requiring the submission of a detailed management plan for approval to further develop and clarify the objectives and findings of the submitted strategy document. The proposals are therefore considered to comply with the requirements of SG LDP ENV 11 subject to the imposition of appropriate conditions to require additional details.

Ecological Constraints and Opportunities

There are no statutory or non-statutory designations within or adjacent to the application site, The wider site is a complex mix of habitats, including, scrub, acid, neutral and improved grassland, marshy grassland, dry heath, wet heath, blanket bog, fen, flush and swamp.

The biodiversity officer was of the view that the previous Protected Species Survey (October 2017) was past its credible date and was also not undertaken at the best time of year to identify the presence of protected species. The information did therefore not adequately address the requirements of the habitat regulations in respect of providing information on such matters prior to the decision to grant any planning permission. An updated survey was undertaken on 24.7.18. The findings of this are set out below:

The biodiversity officer has reviewed this updated report and has commented that subject to appropriate construction methods to protect Otters that the development is acceptable. The measures required and as recommended in the updated study will be incorporated into an Environmental Management Plan which will be required to be produced. Given the above matters, and in relation to proposed tree planting and SuDS pond formation and planting the Biodiversity officer has requested the following matters require to be addressed by means of a condition:

The biodiversity officer has requested further information in respect of the following:

Landscape Planting Plan- more planting plan details are required for all areas as the current site plans and supporting information list the trees and their specifications indicating where they will be placed under headings only- i.e. Streetscape, SUDs ponds and the existing pond and the Community Woodland. A management plan (aftercare) needs to accompany all landscaping to ensure successful establishment.

SUDs at the entrance to the site - further details required in terms of construction, including detailed planting plan and management.

Existing Pond- A detailed planting plan and management plan required.

Invasive Non-Native Species (INNS): An eradication plan for all INNS should be drafted and agreed by the Planning Authority prior to control measures being applied

All of these matters can be addressed by the use of appropriate conditions placed upon any grant of planning permission. It is considered that this should form part of the detailed landscaping planting details.

Conclusion

No habitat designations exist within or adjacent to the application site. No permanent occupation of any part of the site by protected species have been identified which would suggest that it would not be competent to grant planning permission.

The current application is considered to be an opportunity to promote a more ecologically diverse landscape with the resultant biodiversity “dividend” being a material consideration in favour of the proposed development. Subject to the approval of details in respect of the above matters in consultation with the Biodiversity Officer it is considered that this objective will have been met.

Subject to the submission and approval of the requested additional information by means of condition, the proposals are therefore considered to be in accordance with SG LDP ENV 1, SG LDP ENV 8, SG LDP ENV 11 and the objectives Biodiversity Action Plan 2017.

F. Access to Countryside/Pedestrian and Cycle connections

The approved Masterplan seeks to deliver improvements to the footpath network for the benefit not just of the new residents, but for the whole community to meet the aspirations of the approved Masterplan.

The access manager in his consultation response requested a number of footpath upgrades, including to the costal path which forms part of the Council’s core path network. By e-mail dated 21.6.18 the applicants have confirmed their agreement to carry out all of the footpath upgrade works requested by the Access Manager. These to include:  C163: Should be constructed as a 2m wide unbound path, seating should be provided at regular intervals along the route, at points where users will want to rest. Substantial pieces of natural stone excavated from elsewhere on the site should be used to provide the seats. These should have a level, upper surface between 450 and 550mm in height of adequate size for two or more people to rest. Signage and way marking should be provided to encourage greater use of the path network. The section of path that should be improved being annotated on a copy of Drawing No P10970-00-001 Landscape Masterplan provided by the Access Manger in his consultation response.

 Construct a section of Cycle Path between the end of the southernmost road and C198 as annotated on the plan attached to consultation response is welcomed and should be constructed to appropriate cycle path standards.

 The two paths between the end of the southernmost road and C163 should be built to the same specification as C163. Highlighted in blue on plan attached to consultation response.

Given that all of the required footpath and cycle way improvements of the Access Manager have been agreed by the applicants it is therefore considered appropriate to impose a condition to secure the agreed footpath upgrades and the provision of further construction details, and also proposals in respect of the location of natural seating features along the upgraded paths.

In respect of pedestrian and cycle movement within the site and connections to both the wider landscape and Dunbeg itself, the Access Manager is content that the proposals are acceptable and linkages will be safe. There will be new connections between the application site and Dunbeg to allow safe routes to school and for cycling. All of these matters will be subject to a condition requiring final clarification of the exact routing, technical details of the construction and maintenance of the proposals.

The integration of the internal and external footpath network and the proposed upgrading of the external footpath network accords the objectives of Policies LDP 11, SG LDP ENV 8 and SG LDP TRAN 1

G. Affordable Housing

The Council’s Supplementary Guidance on Affordable Housing confirms that local need for affordable housing in Argyll and Bute is set out in the Argyll and Bute Housing Need and Demand Assessment (HNDA) which has been used to help inform the Local Housing Strategy, Local Development Plan policy content and associated supplementary guidance.

All of the proposed 300 dwellings will be affordable housing provided by the Link Group and funding to deliver the development is predicated on the housing being affordable under the Housing Investment Fund finances that are allocated for this proposal as well as funding from the Council. A standard condition requiring restricting Development to a Registered Social Landlord is therefore considered appropriate in this instance to secure the delivery of the 300 affordable housing units.

This SHIP, and seeking to meet its stated affordable housing delivery targets is considered to be a material planning consideration. Given the importance and scale of the Dunbeg site in meeting these strategic housing investment and delivery objectives it is considered that achieving its desired outcomes should in this instance carry weight in favour of approving the current planning application, particularly given the case that the Dunbeg site alone will provide 39% of projected completions within the SHIP timescale to 2022. This is a site of strategic importance to delivering the SHIP priorities and objectives.

Having regard to the above it is considered that the proposals accord with the requirements of SG LDP HOU 1 and the affordable housing advice note contained in SG.

H. Road Network, Parking and Associated Transport Matters.

In respect of roads infrastructure matters, the Area Roads Manager considers that the proposals are acceptable and raises no objection subject to a number of matters being incorporated into a planning condition. The proposals have also been designed using the principles of Designing Streets to ensure that both the layout and surface treatments are accessible and accord with SG LDP HOU 2.

Roads officers have sought to promote a shared surface for the majority of the “urban” element the site and will follow the guidance within “Designing Streets” and provide a shared surface, which is the approach being promoted by the Scottish Government and the new National Road Development Guide. These discussions have been run in tandem with RCC submissions to ensure continuity of design and that workable design and engineering solutions are promoted through the planning application process.

The scheme also introduces traffic calming in the form of raised tables and also “pinch points” to limit visibility and encourage self-enforcing driving speeds reflecting the priority that the road is not for cars but for pedestrians and cyclists through the parts of the scheme. By following this approach the proposal is also fully compliant with policy advice on “place- making” produced by the Scottish Government and result in a far more attractive layout and quality of environment.

A Transportation Assessment (TA) was submitted in support of the application following extensive meetings and discussions. This is now considered by the Area Roads Manager to be acceptable in respect of its content, assumptions and conclusions.

It is noted that in the submitted TA that car parking meets 90% not 100% of the standards set out in SG LDP TRAN 6. However the Area Road Manager is of the view that evidence to justify this lesser figure has been submitted as part of the TA in the form of:

 Surveys of Existing affordable housing at Dunbeg  Examination of the census data in respect of car ownership in Dunbeg Village  The level of public transport services in close proximity to the site

The Area Roads Manager is therefore of the view than in this particular instance, having regard to the evidence presented in the TA, and the particular circumstances of the proposals, that a variation in parking provision has been justified. SG LDP TRAN 6 contains a clause which states that:

In normal circumstances, adequate off-street parking or communal parking should be provided adjacent to all new development to ensure that vehicles are not parked on the road where they may impede traffic flow or cause a hazard. A degree of flexibility will be available where: -

3. The development is adjacent to, and well served by, good public transport and pedestrian links. 4. The development, due to special characteristics, is likely to generate a significantly lower demand for parking that the standards would imply.

The Area Roads Manager has agreed, that a reduced level of parking provision has been justified in this instance based upon the submissions contained in the TA. As the wording of the policy specifically allows for flexibility in appropriate circumstances the proposals accord with the requirements of SG LDP TRAN 6 and is not regarded as a departure from policy.

There are extensive pedestrian links within the site and also to Dunbeg Village and the site will provide pedestrian and cycle links. Off-site upgrading of the coastal path and other footpaths, in accordance with the requirements of the Access Manager, will offer increased benefits not only to the new residents, but also to others living in and visiting the area which is clearly popular with recreational walkers.

A condition requiring the submission of a Green Transport Plan to ensure that public transport accessibility for the residents of the new development is maximised in consultation with the Community Transport Division is recommended to be placed upon any grant of planning permission.

The proposal is therefore considered to accord with Policies LDP 11, SG LDP TRAN 1, SG LDP TRAN 2, SG LDP TRAN 4, SG LDP TRAN 5, and SG LDP TRAN 6

I. Sustainable Heating Provision and Energy Efficiency

The application originally proposed the installation of a Biomass Energy Centre to provide heating for the 300 dwellings. This is set out in the Design and Access Statement at Chapter 10. However following the submission of the application it was determined that the use of air sourced heat pumps would be a more energy efficient solution. To this effect an addendum to the contents of chapter 10 was provided which clarified in its conclusions that:

Whilst all the technologies offer some degree of energy and CO2 emission savings, not all are cost-effective or suited to the site. As there is no access to the national gas network, the chosen solution must either provide thermal energy or compliment an electric system for heating and hot water production.

…A central biomass boiler, distributing thermal energy via a district heating network was also considered. Although, biomass provides a more constant and reliable supply of energy compared to other technologies (such as solar), a biomass boiler without a back-up heat source is not an ideal solution.

The recommended solution is an individual air source heat pump for each dwelling, to provide low carbon heating (and hot water). Heat pumps can be installed discreetly outside dwellings, with low noise models available to prevent disturbance. The removal of the biomass energy centre and introduction of air sourced heat pumps as a renewable energy solution is considered acceptable. The installation of such equipment may be permitted development depending on the details of the proposals. However to potentially avoid the need for future and separate planning applications for each dwellinghouse a condition requiring details of the size and appearance of the external heat pumps and their technical specification will be placed upon this grant of permission. This will ensure that these can be installed as a matter of conditional discharge rather than potentially requiring separate planning permissions at a future date.

J. Infrastructure

The development has been designed in accordance with SuDS principles and subject to the imposition of appropriate conditions requiring further details the council’s flooding advisor has no objections. SEPA who initially objected on lack of details have now withdrawn their objection by letter dated 23.7.18.

It should be noted that the layouts and drainage proposals submitted as part of this planning application are also reflected in ongoing submissions in respect of Roads Construction Consent (RCC) which has been run in tandem with the planning application to ensure that the detailed layouts and drainage design contained in the planning submissions are in accordance with the requirements for RCC. This co-ordination of roads layouts/design is particularly important in complex and large scale proposals to ensure that confidence can be placed in the approved details they propose as reflecting the likely RCC approval drawings. This approach is in accordance with best practice advice from the Scottish Government.

The drainage proposals also involve the provision of large SuDS ponds. The Council’s bio- diversity officer has been closely involved in ensuring that the overall housing, landscaping and drainage layout has been regarded as an opportunity to improve the appearance and biodiversity value of the site. The overall design utilises SuDS principles to not only ensure that drainage and surface water flows associated with the current development are satisfactory addressed, but also that the SuDS ponds are designed to be attractive biodiversity features which will be able to be accessed and enjoyed by persons of limited mobility.. The proposals are therefore considered to accord with Policies SG LDP SERV 1, SG LDP SERV 2, SG LDP SERV 2, SG LDP SERV 7 and SG LDP Climate Change.

K Groundworks, Construction, Site Management and Noise

As is clear from the submitted technical reports and the scale of the application proposal this will be a complex and substantive ground works and construction operation. To this end it is considered that a number of issues require both further clarification and management plans/technical reports to be submitted in order to ensure that forming the build platforms and constructing the houses is undertaken in an environmentally appropriate manner to ensure that disruption to existing residents and the landscape/wildlife in minimised and that a full site waste management and restoration plan is in place to ensure the integrity of the landscape and the various waterbodies which traverse it are protected in accordance with required standards.

The imposition of an appropriate condition to require an Environmental Management Plan and adherence to other approved documents will ensure compliance with a wide range of policies of the LDP and SG, most notable being: SG LDP ENV 1, SG LDP ENV 7 and SG LDP ENV 11 It should also be noted that the traffic management plan will require to be subject to discussions and agreement with the Area Roads Engineer and will have regard to the progress in the upgrading of Kirk Road currently being undertaken by the Roads Department.

In respect of hours of operation, a separate condition controlling such matters shall be imposed which limits this to 08:00 – 18:00 Monday – Friday, 08:00 – 13:00 Saturday nor at any time on Sundays, Bank or Public Holidays unless otherwise approved in writing by the Planning Authority in consultation with Environmental Health.

L. Archaeology and Historic Environment

In respect of Archaeological matters WOSAS have requested that a condition be placed upon any grant of planning permission due to potential archaeology on the site to allow survey work to be undertaken. This is in accordance with normal practice in such situations and a condition as requested will be imposed.

In respect of potential impact upon Listed Buildings, HES have not objected but not provided any detailed commentary. However HES have previously responded in more detail to the Masterplan proposals, (which included the development of this land for phase 1) stating that:

No objections with Proposals considered sufficiently distant and with intervening topography to avoid impact on principle views of Dunstaffanage Castle. Would generally be in keeping with modern buildings already in locality.

Officers are of the opinion that the above comment remains material for the current proposals which will be sufficiently distant and separate from Dunstaffanage Castle to ensure its setting is not adversely impacted.

Given the above the proposals are considered to accord with

M. Equalities Assessment – Equality Act 2010 and Fairer Scotland Duty (April 2018). –

The “Fairer Scotland Duty” was introduced in April 2018 as Part 1 of the Equality Act. This requires Councils to put “tackling inequality genuinely at the heart of key decision-making”.

In this instance, as the proposals seek to provide 300 affordable homes they are considered to accord with the objectives of assisting to address social and economic inequality by providing high quality modern and energy efficient homes for those in need of such accommodation.

In addition, the SHIP which supports these 300 dwellings clarifies in respect of the Equality Act 2010 that:

The SHIP aims to address the housing needs of all the communities we serve, and continues to address equalities issues and adhere to principles of diversity and equality, in accordance with the Equality Act 2010. The current HNDA provides robust evidence of accommodation and support needs across the range of protected equalities characteristics, and these have been translated into the SHIP priorities. An overarching equality impact assessment was completed for the LHS in 2016 and this continues to inform our assessment of the impact of the SHIP, and how the strategic aims are embodied in the housing priorities of the programme.

The current proposals are being brought forward to accord with these objectives and will be part funded by the Housing Department. The letter in support of the application based on the inclusive nature of the proposals from the Oban Disability Forum dated 12.4.18 is also noted in respect of these matters.

It is therefore concluded that the proposals, if approved, will be in accordance with of the SHIP and as a consequence the Equality Act 2010 and the Fairer Scotland Duty.