Supplementary Submission from Argyll and Bute Council

SUPPLEMENTARY SUBMISSION FROM ARGYLL AND BUTE COUNCIL

PAPERS PROVIDED BY ARGYLL AND BUTE COUNCIL ON THE PLANNING APPLICATION IN RESPECT OF THE HOUSING DEVELOPMENT AT BROCHROY, TAYNUILT.

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 19th July 2004 OBAN, LORN AND THE ISLES Committee Date - 3rd November 2004

7th October 2004

Reference Number: 04/01270/OUT. Applicants Name: J. S. Offord. Application Type: Outline. Application Housing Development. Description: Location: Brochroy, Taynuilt.

(A ) THE APPLICATION Development Requiring Express Planning Permission.

• Housing development (no specified number of houses) • Formation of access.

Other Specified Operations

• Connections to public water main and sewer.

(B ) RECOMMENDATION It is recommended that subject to a Members Site Inspection, with powers, that the application be approved subject to the conditions and reasons on the following page.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The site is considered suitable for housing with the following adopted and draft policies being applicable.

Lorn Local Plan. Policy HO22. The site is one allocated for possible housing development. The Plan envisages 10 houses.

Draft Argyll and Bute Local Plan. The site is designated as Housing Allocation 5/17. The Plan envisages 7. The Development Policy Officer has advised that,

“The site is included as an allocation for housing development (10 units) in the current Lorn Local Plan. The Argyll and Bute Local Plan Consultative Draft maintains this area as an allocation for housing (7 units). There have been no \\EDN-APP-001\USERS\PUBLIC\!WORK PENDING\ENVIRONMENT CROFTING EVIDENCE\SUPP SUB FROM A AND B COUNCIL.DOC 1

timeous objections received in relation to this area as part of the Argyll and Bute Local Plan consultation process. The proposal is considered consistent with both the existing local plan and the emerging Consultative Draft Argyll and Bute Local Plan. There are no objections to this proposal from the Development Policy Unit.” The site is not considered to contain important archaeology and it is separated from the scheduled sites associated with Bonawe Furnace by open land. Clearly the visual effect of the development on the setting of the monument will be an issue in the detailed design and should be included in a design statement required by condition.

The site is adjacent to the conservation area which was designated to reinforce the scheduling of the Furnace complex. Again, the detailed design will need to reflect the sensitivity of this location.

The designation of the conservation area and the scheduling of the monuments predate the previous permissions and the impact of development was taken into account when those permissions were granted

The application is in outline only. Given that the site is allocated in the adopted Local Plan, it would be appropriate to grant permission in principle, but design issues may properly be the subject of conditions which set the framework for the detailed design:

i) Design Quality: Good design is a Structure Plan objective (SI 2 and STRAT HO 1 D). Policy H4 of the draft Argyll and Bute Local Plan seeks to encourage innovative and sympathetic housing development layout. The site presents complex design problems which demand careful consideration. Local planning authorities are advised by the following government documents:

Planning Advice Note 68 – Design Statements, advises that a design statement is required in support of detailed applications for major developments. A design statement would address, “The six qualities that make a successful place. Is it distinctive, safe and pleasant, easy to get to and move around, welcoming, adaptable and resource efficient?”

Planning Advice Note 44 – Fitting New Housing Development into the Landscape, sets out principles of analysis and design with the aim that “new developments should make a positive contribution to the continuing evolution of our settlements”. The detailed application should demonstrate that the principles in this document have been incorporated in the design.

It is recommended that the submission of details be accompanied by a design statement incorporating the principles of good design set out in the Planning Advice Notes.

ii) Landscaping: The detailed application will need to show landscaping within the site which builds on this character, and a plan for the management of the existing and new landscape elements of importance.

(D ) CONCLUSION

The site is allocated in the adopted Local Plan and has been the subject of planning permission in the past. There have been no material changes in circumstances to

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suggest that a different approach should be taken. Other than Taynuilt Community Council there are no objections from consultees, subject to conditions.

(E ) NEED FOR A HEARING

There has been a significant number of representations in this instance. The development is within an allocated local plan site and a proposed allocation in the draft local plan. Notwithstanding this, it is important that the proposal proceeds in a way which successfully integrates with the landscape and objectors should be given the opportunity to raise issues with regards to this. However, as the site is an allocated site, it is not considered that an informal hearing could be justified, but rather a site inspection with powers be convened to give the public the opportunity to express their views.

Angus J Gilmour Head of Planning

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01270/OUT

SEE SUPPLIMENTARY REPORT FOR AMENDED CONDITIONS.

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the under mentioned reserved matters before any development is commenced: (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in Condition 1 above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Any details pursuant to Condition 1 above shall be accompanied by a Design Statement for the whole of the site in accordance with the recommendations of Planning Advice Note 68 – Design Statements and Planning Advice Note 44 – Fitting New Housing Development into the Landscape. The Design Statement shall show an analysis of the whole site, its landscape setting, the surrounding dwellings, the adjacent conservation area and scheduled monuments and shall clearly indicated the measures to be taken to protect the amenity and special qualities of these interests. The design statement shall show the elevations of all of the dwellings to be constructed on the site and provide a schedule of materials and components, including external lighting, to be used throughout the development. The site shall be restricted to a maximum of 7 dwellinghouses.

Reason: To ensure that the detailed design achieves a high standard in accordance with Government Guidance and good practice and in accordance with the provisions of the Argyll and Bute Draft Local Plan in terms of the proposed density. 5. Any details pursuant to Condition 1 (b) above shall be accompanied by a survey of trees on the application site and adjacent land in the ownership of the applicant and a detailed scheme for the provision of new tree planting within the development. In addition the application shall be accompanied by a detailed scheme for the

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maintenance and management of trees in and adjacent to the development including provision for the replacement of trees which fail to become established within 10 years of the completion of the development.

Reason: To ensure that the development is integrated into the landscape and that important landscape features are maintained. 6. Any details pursuant to Condition 1(b) shall include a scheme of hard landscaping work. Such details shall include: • Location and design, including materials of any walls, fences and gates; • Surface treatment of means of access and hard standing areas; • Location and design of a play area and common open space in accordance with the Argyll and Bute Structure Plan Policy STRAT HO 1 E. Reason: In the interests of amenity and in order to help integrate the proposal into its landscape setting. 8. Any details pursuant to Condition 1(c) above shall include a number of allocated and unallocated car parking spaces within the site at a level commensurate with the number and sizes of dwelling house proposed, in accordance the Council’s Roads Guidelines. Reason: To enable vehicles to parked clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

9. The access serving the site shall be a “road” over which the public has a right of access in terms of the Roads (Scotland) Act 1984 constructed in consultation with the Area Roads Manager.

Reason: In order to ensure that provision is made for a service road commensurate with the scale of the development.

10. The access to the site shall be constructed in accordance with the Roads Amenity Services drawing NA/32/05/2a with visibility splays of 2.4m x 60m which shall be kept clear of visual obstructions more than 1.05m high.

Reason: In the interests of road safety 11. Prior to the commencement of the development a detailed scheme of surface water, and foul drainage, including a SUDS system, shall be submitted for the written approval of the Planning Authority and the Scottish Environmental Protection Agency. The development shall not be occupied until the approved drainage scheme is completed. Reason: To ensure that the development does not give rise to pollution.

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APPENDIX RELATIVE TO 04/01270/OUT A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC Development within the Settlements 1 Encouragement shall be given, subject to capacity, to development in the settlements as follows:

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

STRAT DC Flooding and Land Erosion 10 Proposed development which would be at significant risk of flooding or from erosion, or which would increase the risk to other land and property, or occupy the functional flood plain, will not be in accordance with the structure plan. In some places, where it is feasible to manage the threat, suitable mitigation or other measures may be possible. Obj. SI 2d d) to promote a general improvement in the quality of design and encourage development of a scale, form and location appropriate to the landscape and settlements of Argyll and Bute.

Lorn Local Plan

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

Appin/Tynribbie/Portnacroish, Balvicar, Barcaldine,

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

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

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

Draft Argyll and Bute Local Plan.

H4 Housing Layout and Design. A) Encouragement shall be given to traditional, innovative and sympathetic housing development layout and design which are appropriate to their mainland, island, town, village, minor settlement, countryside or coastal settings. B) Housing layout and designs which are judged by the planning authority to be of allow standard or “not good enough” for the location and setting of the development will be resisted. Overly suburbanized forms of development are unlikely to be accepted in sensitive locations in villages, minor settlements and countryside. C) Housing densities shall take account of the nature of the housing proposed and the quality of the area containing the site. Over-development of sites shall be resisted. When applicable, housing densities shall comply with development briefs in this plan*. In the case of non-flatted housing development, the private open space provision shall meet the minimum standard specified in policy note 1 Reduced standards may be acceptable in the following exceptional circumstances. 1. where there are special site considerations e.g. where constraints on private open space are imposed due to the quality of the built environment such as in conservation areas or 2. when there are special occupancy circumstances e.g. when the first and future occupiers are unlikely to require these standards of private open space provision (noting that a Section 75 planning agreement may be required, at the

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discretion of the planning authority, to underpin future restricted occupancy).

H4 Table Housing layout and design 1. New housing development should incorporate plot ratios with each main building footprint (ignoring permitted development extension potential) at a maximum of one-third overall Individual plot area; the available private open space within the plot (including driveways and parking space) should be at minimum 75m2 and the front curtilage area (excluding side and rear curtilage) at a minimum of 25m2. 2. Reference should be made to the further guidance on development setting, layouts and design to be included in the Supplementary Information and Guidance report and also to: Argyll and Bute District Council Design Guide A. New Houses in the Countryside. Argyll and Bute District Council Design Guide C. New Buildings in Towns and Villages. 3. Reference should be further made to the following housing and design guidelines which will continue to be reviewed and updated: Scottish Executive Planning Advice Note 36. Siting and Design of New Houses in the Countryside. Scottish Executive Planning Advice Note 44. Fitting New Housing Development into the Landscape.

Scottish Executive Planning Advice Note 46. Planning for Crime Prevention Scottish Executive Planning Advice Note 52. Planning and Small Town Scottish Executive Planning Advice Note 57. Transport and Planning. Scottish Executive Planning Advice Note 61. Planning and Sustainable Urban Drainage Systems. Scottish Executive Planning Advice Note 65. Planning and Open Space. Scottish Executive Planning Advice Note 67. Housing Quality.

Government Advice/Guidance.

PAN 44 See text of report. PAN 68 See text of report.

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(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

Planning permission has been granted for the site twice in the past.

On 21st July 1988 permission was refused in respect of two areas of land which broadly comprise the current application. The applicant subsequently objected to the exclusion of the site from areas allocated for housing in the draft Lorn Local Plan and an inquiry was held. The Reporter upheld the applicant’s case.

On 13th January 1993 permission was granted in respect of two areas of land which broadly comprise the current application (Refs. 01-89-0818 and 01 89-1159).

On 14th March 1996 outline planning permission was granted for the development of two areas of land which broadly comprise the current application (Refs. 96/00025/OUT and 96/00042/OUT).

(ii) Consultations

Response Comment Date Area Roads Engineer 24th August No objection subject to conditions. Scottish Environmental Protection 10th Surface water drainage Agency September should be by a SUDS 2004 system. Provision should be made for waste storage in accordance with the national Waste Strategy Local Area Waste Plan. Scottish Water 27th July No objections. 2004 West of Scotland Archaeology 28th June No archaeological 2004 assessment is required. Development Policy Officer. 16th June No objections. 2004 Environmental Health Officer. 21st July 2004 No objections. Crofters Commission.

(iii) Publicity and Representations

Advert Type: Section 23 and Article 9 Closing Date: 7th October 2004

Representations:

The Taynuilt Community Council wrote on 10th July 2004 stating its support for a group of 25 local residents whose views are set out in a paper which may be summarised as follows:

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i) The land is croft land. There is demand for such land in the area, and the loss of the land from crofting would be detrimental to the crofting way of life and to the general community. ii) The additional traffic generated would be detrimental to road safety. iii) The access may require the removal of trees and not achieve a satisfactory visibility splay. iv) The local water and sewerage systems are inadequate and the sewer connection may require unsightly under-building. A pumped system would be unreliable. v) The field is a green buffer between the built up area and the conservation area around the Bonawe Furnace. vi) There is adequate provision of housing land elsewhere in Taynuilt. vii) The application contains irregularities in respect of neighbour notification and in the description of the boundaries.

In addition the following residents made representations (* indicates inclusion in the list of representations presented by the Community Council as set out above):

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Name Address Letter date Frank and Helen Newlands * Tigh na Chuilleann, Taynuilt 5th August 2004 D. and W. Proudman * Etive-Awe, Taynuilt 29th July, 8th August 2004 Catherine Clayton Dunavin, Taynuilt 14th July 2004 A. M. and H. Mouat * The Hedges, Taynuilt. 21st July 2004 R. O. Brennan Brochroy Croft House, 16th July 2004 Taynuilt Veronica Kelly * Etive View, Taynuilt 16th July 2004 John and Lily Wilson * Ardfuar, Taynuilt 2nd July 2004 Tom and Margaret Mclellan Manish, Taynuilt 6th July 2004 * D. Henderson Brochroy Farm, Taynuilt 5th July 2004 Dr Lynne Pearce Brochroy Cottage, Taynuilt 7th July 2004 Agnes Inkster * Westergarth, Taynuilt 11th July 2004 Jean Robertson * Kyle, Taynuilt 9th July 2004

Summary of points raised:

• The increase in traffic will have a consequent impact on road safety. • Concern about the impact on the water supply and sewerage systems. A pumped system would be unreliable. • Concern that the development will harm privacy and amenity. • Concern that trees will be lost. • Concern that the character of the village will be harmed. • The land is croft land and the development is contrary to Structure Plan objectives and policies which aim to support the crofting way of life. • The Scottish Crofting Foundation objects in the strongest possible terms to the development of this viable croft ground. • The development would be contrary to the Structure Plan in that it consumes good quality agricultural land, it involves the loss of recreational and amenity open space and has an adverse impact on biodiversity and the character of the settlement. • The development would adversely affect a scheduled monument and a conservation area. • There is an adequate supply of housing land elsewhere in the village. • The development will adversely affect the North Argyll Scenic Area and the general amenity of Aird’s Bay. • The development will interfere with the drainage of the field and add more storm water run-off. This would affect Brochroy Croft House at the lower end of the site. • The site could not be developed in a way which accords with the local settlement pattern which is essentially linear and would be out of character. • The plans are incorrect. • The development would harm the tourism interest of the area. • The neighbour notification gave incorrect dates for representations to be made. • Measures are needed to prevent light pollution.

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- Similar objections were considered in respect of previous applications and the Area Committee and a Reporter decided in favour of development. - The Area Roads Manager has raised no road safety objections. - Safeguards exist in the form of conditions and consents from SEPA and Scottish Water to ensure that the development can be serviced in a satisfactory way and cannot be undertaken without satisfactory foul and surface drainage. - The status of the land as a croft is a separate matter in so far as the site is allocated for housing in the local plan. - The issues of landscape, the character of the village, biodiversity and conservation were previously considered. A detailed design of good quality will protect these interests. - The supply of housing land was examined in detail in the Local Plan review and the site was retained as an allocated site. - The accuracy of the site plan has been addressed by the submission of a revised plan. The informalities were minor and do not prejudice the consideration of the application. - The informalities in the dates given in the neighbour notification were minor and have not prejudiced the consideration of the application. The application was re- advertised. - The light pollution issue can be addressed by an appropriate condition.

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- NOTE TO APPLICANT RELATIVE TO APPLICATION 04/01270/OUT

Scottish Water have advised as follows:

Contact should be made with Developer Services to discuss how the proposed development would be best served with a public water supply.

There is a public sewerage system to which a connection may be made from the proposed development. The applicant should satisfy him/herself, by site investigation if necessary, that relative levels are such as will allow the development to be connected at a gradient acceptable to Scottish Water.

Non-objection by Scottish Water to this outline/detailed planning application must not be inferred as guaranteeing automatic permission to connect to the public sewer. The applicant must take separate application to Developer Services for permission to connect to the public sewerage system at the appropriate time. Scottish Water may refuse permission to connect, or grant permission to connect, subject to such conditions as they see fit.

There is a pubic sewerage system to which connection may be made from the proposed development. The applicant should satisfy him/herself, by site investigation if necessary, that relative levels are such as will allow the development to be connected at a gradient acceptable to Scottish Water.

A totally separate drainage system of foul and surface water sewers will be required.

A Technical Advisor is available for consultation purposes where specialist advice is required on this matter. Where advice is sought, separate agreements may apply to this service which will be charged at the rate indicated in Scottish Water Scheme of Charges (West Area).

You are advised to contact them direct to discuss this matter

Contact:

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

Tel: 0845 601 8855

You are advised to contact The Scottish Environment Protection Agency (SEPA) direct to discuss this matter.

SEPA Redwood Crescent Peel Park

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East Kilbride

You are advised to contact the Council’s Area Roads Manager direct to discuss this matter:

Contact:

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

Tel: 01631 562125

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DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 19th July 2004 OBAN, LORN AND THE ISLES Committee Date - 3rd November 2004

27th October 2004

Reference Number: 04/01270/OUT. Applicants Name: J. S. Offord. Application Type: Outline. Application Housing Development. Description: Location: Brochroy, Taynuilt.

SUPPLEMENTARY REPORT 1

1. An e-mail has been received from Mr D Proudman. He questions the Report as follows:

- The application form is misleading. The box denoting the intended removal of trees and shrubs had not been ticked. - The plans show a fence where there is a hedge.

Comment: Both of the above points relate to the point of access where there is a hedge. The form is incorrect but this is a minor error and has not in my view prejudiced consideration of the application. There are no trees worthy of preservation on the site and the conditions recommended would require the submission of a landscaping scheme. The plans do show a fence but that is a plan of the access as proposed not as existing. A condition is also recommended which would give control over the location and form of fences.

- Mr Proudman also says that he had lodged a representation in respect of the Consultative Draft Local Plan

Comment: I have reconsulted the Statutory Plans Officer and would report as follows:

2. The Consultative Draft Argyll and Bute Local Plan

I have been advised by the Statutory Plans Officer as follows:

“I regret that my previous advice contains an error in that in fact two letters of representation were received in relation to the proposed housing allocation H AL – 5/17. These letters were from a Mr Proudman and a Mr Kidd. The contents of these representation can be summarised as follows:

(F ) OBJECTIONS

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This ground was reinstated as a croft in 1996.

The 1988 Planning Report states that development on this site would have a detrimental visual impact as the site is within a Regional Scenic Area; is important in landscape terms; can be prominently seen from Airds Bay and Loch Etive and the B845.

The Structure Plan discourages housing development on whole crofts.

The site is in-bye agricultural land.

The site forms part of the setting for Bonawe Furnace Conservation Area.

The supply of sites in Taynuilt exceeds demand. This is demonstrated by the fact that there are numerous (listed) sites which have planning permission for housing development but have not yet been developed. This fact plus the PDA’s in the Settlement Boundary will provide plenty of supply for the long term.

Request for modification.

This site should be rezoned as Countryside Around Settlement or Sensitive.

I apologise for this error, it was probable made due to the sheer volume of objections which were still being analysed at the time my previous memo was written.

Mr Proudman is correct in that the decision to allocate this site for housing in the Argyll and Bute Local Plan could only be made once any objections have been removed or a Public Inquiry held in relation to objections made.

Notwithstanding the error in my memo and the submission of objections to this proposed allocation in the Argyll and Bute Consultative Draft Plan, as stated in my previous memo, this site is included as an allocation for housing development (10 units) in the current Lorn Local Plan. It is my view that this Plan is still the adopted Plan for Taynuilt and so is highly material in the assessment of any planning application. As such Development Policy raise no objection to this proposal.”

3. The Weight to be given to the Plans.

The application is in accordance with the current adopted Lorn Local Plan in which the site is allocated for 10 dwellings. In my report I gave emphasis to the Consultative Draft Local Plan only in respect of the fact that no change was proposed and in terms of the number of houses which should be presented in a detailed application. The Consultative Draft recommends 7 houses as opposed to the 10 in the Adopted Lorn Plan.

In my opinion the current application must be determined in respect of the current adopted plan. Little weight can be given to the Consultative Draft Plan in respect of this site. I therefore recommend to the Committee that outline permission is granted in accordance with current policies and that the final sentence of Condition 4, which restricts the development to seven houses, be disregarded and replaced by a limit of 10 houses.

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4. Recommendation

It is recommended that the application be approved subject to the attached conditions and reasons subject to a site inspection with powers.

Angus J Gilmour Head of Planning

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01270/OUT

7. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the under mentioned reserved matters before any development is commenced: (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

8. In the case of the reserved matters specified in Condition 1 above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

9. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

10. Any details pursuant to Condition 1 above shall be accompanied by a Design Statement for the whole of the site in accordance with the recommendations of Planning Advice Note 68 – Design Statements and Planning Advice Note 44 – Fitting New Housing Development into the Landscape. The Design Statement shall show an analysis of the whole site, its landscape setting, the surrounding dwellings, the adjacent conservation area and scheduled monuments and shall clearly indicated the measures to be taken to protect the amenity and special qualities of these interests. The design statement shall show the elevations of all of the dwellings to be constructed on the site and provide a schedule of materials and components, including external lighting, to be used throughout the development. The site shall be restricted to a maximum of 10 dwelling houses.

Reason: To ensure that the detailed design achieves a high standard in accordance with Government Guidance and good practice and in accordance with the provisions of the Argyll and Bute Draft Local Plan in terms of the proposed density. 11. Any details pursuant to Condition 1 (b) above shall be accompanied by a survey of trees on the application site and a detailed scheme for the provision of new tree planting within the development. In addition the application shall be accompanied by a detailed scheme for the maintenance and management of trees in and adjacent to the development including provision for the replacement of trees which fail to become established within 10 years of the completion of the development.

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Reason: To ensure that the development is integrated into the landscape and that important landscape features are maintained. 12. Any details pursuant to Condition 1(b) shall include a scheme of hard landscaping work. Such details shall include: • Location and design, including materials of any walls, fences and gates; • Surface treatment of means of access and hard standing areas; • Location and design of a play area and common open space in accordance with the Argyll and Bute Structure Plan Policy STRAT HO 1 E. Reason: In the interests of amenity and in order to help integrate the proposal into its landscape setting. 8. Any details pursuant to Condition 1(c) above shall include a number of allocated and unallocated car parking spaces within the site at a level commensurate with the number and sizes of dwelling house proposed, in accordance the Council’s Roads Guidelines. Reason: To enable vehicles to parked clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

9. The access serving the site shall be a “road” over which the public has a right of access in terms of the Roads (Scotland) Act 1984 constructed in consultation with the Area Roads Manager.

Reason: In order to ensure that provision is made for a service road commensurate with the scale of the development.

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SUBMISSION FROM ARGYLL AND BUTE COUNCIL

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 19th July 2004 OBAN, LORN AND THE ISLES Committee Date - 3rd November 2004

9th November 2004

Reference Number: 04/01270/OUT. Applicants Name: J. S. Offord. Application Type: Outline. Application Housing Development. Description: Location: Brochroy, Taynuilt.

SUPPLEMENTARY REPORT 2

1. A letter, dated 4th November, has been received from the Crofters Commission.

2. The Commission expresses reservations as follows:

The Commission can confirm that they have reservations about this area of land being granted planning permission before discussing the use of this area and that of other croftland being designated for possible development, in the revised Local Plan. These discussions would include looking at the possibility of alternative sites being identified so that in-bye croftland can be safeguarded, but stress that we are not out to designate all croftland as a “no go area” for housing development. We are keenly aware of the difficulty to find suitable land for housing throughout the crofting area that owners are prepared to release for development. We are working with other agencies to alleviate this problem.

3. The Commission notes however that,

The site is identified for development in the existing Local Plan and the draft revision of the Local Plan retains this area for housing development. The Crofters Commission as a statutory consultee agreed to the area being released for housing in the existing Plan. With regard to the revision of the Local Plan, still in process, the Commission did not object to the area being re-designated for development.

4. Conclusion.

Whilst the Commission has reservations they have indicated that they raised no objections to both the existing and emerging allocations. As previously advised, the application should be determined in accordance with the adopted development plan which allocates the site for housing.

5. Recommendation.

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It is recommended that the application be approved subject to the conditions and reasons previously reported.

Angus J Gilmour Head of Planning

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