Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal Agus Bhoid

Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate Services Director: Nigel Stewart

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

30 June 2004

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 7 JULY 2004 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of Oban, Lorn & the Isles area committee meeting held on 2nd June 2004 (Pages 1 - 12)

(b) Minute of Oban, Lorn & the Isles area committee meeting held on 15th June 2004 (Pages 13 - 16)

4. COMMUNITY SERVICES

(a) Applications for financial assistance under the Leisure Development Grants Scheme (Pages 19 - 22)

(b) Applications for financial assistance under the Social Welfare Grants Scheme (Pages 23 - 30)

5. DEVELOPMENT SERVICES

(a) List of Building Warrants approved by the Director of Development Services since the last meeting (Pages 35 - 42)

(b) List of Delegated Decisions issued by the Director of Development Services since the last meeting (Pages 43 - 54)

(d) 03/00696/OUT: Mr David Alan Jones: Site for Erection of Dwelling House, Land North East of 1 & 2 Glen Houses, Salen Road, Dervaig, Isle of Mull (Pages 57 - 68)

(e) 03/02221/DET: John R MacFarlane Ltd: Erection of a boat maintenance shed, Balvicar Pier, Balvicar, Isle of Seil (Pages 69 - 84)

(f) 03/02283/COU: John Brackenbury: Alterations and change of use of property to Class 7 Guesthouse, Land at Caolas Farm, Isle of Coll (Pages 85 - 100)

(g) 04/00159/OUT: MacGregor Hotels: Site for erection of two dwelling houses - Land North of Lochnell Arms Hotel, North Connel, Oban (Pages 101 - 108)

(h) 04/00223/COU: J Kennedy & Partners: Change of Use of Former Laundry to Form Residentail Flat, 3 Back Combie Street, Oban (Pages 109 - 116)

(i) 04/00392/OUT: Ken and Elizabeth Lacy: Site for the erection of a dwelling house and stable, Land East of Acha Farm, Balvicar, Isle of Seil (Pages 117 - 126)

(j) 04/00393/OUT: Ken and Elizabeth Lacy: Site for the erection of a dwelling house, Land East of Acha Farm, Balvicar, Isle of Seil (Pages 127 - 138)

(k) 04/00690/OUT: Mr & Mrs G C Lyle: Site for the erection of two dwellinghouses, Land south east of Calgary, Lower Soroba, Oban (Pages 139 - 146)

(l) 04/00812/OUT: Dennis Williams: Site for the erection of a dwellinghouse, Land at Penlarach, Lerags, by Oban (Pages 147 - 154)

(m) 04/00837/DET: O2 (UK) Ltd: Telecommunications mast site share - 2.5 metre extension to existing mast and installation of additional telecommunications antenna, Tobermory Telephone Exchange, Breadalbane Lane, Tobermory (to follow) (Pages 155 - 162)

(n) Report by Head of Planning in regard to building control performance monitoring and service plan progress Council wide and decentralised area teams for 2003/04 (Pages 163 - 168)

(o) Report by Head of Transportation and Infrastructure in regard to Hitrans Windfall funding (Pages 169 - 172)

(p) Report by Head of Transportation and Infrastructure in regard to the Gaelic Ring (Pages 173 - 182)

6. OPERATIONAL SERVICES

(a) Report by Area Roads and Amenity Services Manager in regards to Road and Lighting (Pages 183 - 184)

(b) Report by Horticultural Services Technical Officer in regard to improvements to existing play area - Phase 2 (Pages 185 - 188)

(d) Report by Area Amenity Services Manager in regard to cleaning of the foreshore (Pages 191 - 192)

7. PUBLIC QUESTION TIME

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

The appropriate paragraphs are:-

E1, E2, E4: Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

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

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

E4 - Paragraph 6 Information relating to the financial or business affairs of any particular person (other than the authority).

E1 8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) Report by Director of Corporate Services in regard to leased units at Lochavullin (Pages 193 - 194)

(b) Report by Director of Corporate Services in regard to The White Building, North Pier, Oban (Pages 195 - 198)

E2 9. GANAVAN

(a) Report by Area Amenity Services Manager in regard to Ganavan (to follow)

E3 10. TREE PRESERVATION ORDER

(a) Report by Head of Planning in regard to a proposed tree preservation order (Pages 199 - 200)

E4 11. NORTH PIER

(a) Report by Head of Legal Services in regard to North Pier, Oban (Pages 201 - 202)

OBAN, LORN & THE ISLES AREA COMMITTEE

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

Contact: [email protected]

Public DocumentPage 1 Pack Agenda Item 3a

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 2 JUNE 2004

Present: Councillor A MacDougall (Chairman) Councillor R Banks Councillor I Gillies Councillor A Macaskill Councillor S MacDougall Councillor E Robertson

Attending: George Harper, Director of Development Services Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Sandy McAuslan, Estates Surveyor Iain MacKinnon, Senior Environmental Health Officer David Craig, Area Community Learning and Regeneration Manager John Maciver, Senior Development Control Officer Gordon King, Senior Building Control Officer Alex Taylor, Area Service Manager, Children and Families Neil Brown, Area Roads and Amenity Services Manager Iain Welsh, Area Amenity Services Manager

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 and in terms of Standing Order 3.2.2, that Supplementary Reports by the Head of Planning in respect of planning applications ref. 03/01319/MFF, 03/02221/DET and 03/02883/COU, dealt with at items 5(e), 5(g) and 5(h) respectively of this Minute be taken as a matter of urgency due to the length of time these applications have been in the planning system.

1. APOLOGIES FOR ABSENCE

Councillor D MacIntyre Councillor D McIntosh

2. DECLARATIONS OF INTEREST

Councillor Robertson declared a non-pecuniary interest in the following items, because of her husband’s position in a firm of solicitors with an interest in these matters:-

(a) Planning application ref 03/02283/COU, dealt with in item 5(h) of this minute; and (b) Planning application ref 04/00166/COU, dealt with in item 5(k) of this minute.

Councillor Ian Gillies declared a non-pecuniary interest in the following items, because of his professional interest:-

(a) Enforcement ref. 04/00069/ENFOTH, dealt with at item 9(d) of this minute; and (b) Enforcement ref. 04/00070/ENF, dealt with in item 9(e) of this minute. Page 2

3. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 5TH MAY 2004

The Committee approved as a correct record the Minute of the meeting held on 5th May 2004, subject to the amendment of item 3(a), Page 2, to reflect the attendance of the Director of Development Services at the meeting.

(b) NOTE OF HEARING HELD ON 15TH APRIL 2004 IN REGARD TO PLANNING APPLICATIONS REF. 03/02068/DET AND 03/02144/OUT

The Committee approved as a correct record the Minute of the meeting held on 15th April 2004, subject to a minor alteration.

4. COMMUNITY SERVICES

(a) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANTS SCHEME

After being advised by the Area Community Learning and Regeneration Manager that the application from North Argyll Youth Forum had been withdrawn in light of information received today that grant aid has been awarded by the Youth Council, the Committee considered applications from voluntary organisations for financial assistance under the Education Development Grants Scheme as follows:

Applicant Narrative Total Cost Decision

North Argyll First leg of youth £2,862 Withdrawn Youth Forum exchange between Gorey Youth Needs Group and young people from the Oban area.

Argyll Area Scout To assist with £2,300 Grant of £285 Council training of 30 Leaders on First Aid, Special Needs, Drugs and alcohol and team building

(Ref: Report by Area Community Learning and Regeneration Manager, submitted)

(b) REPORT BY AREA CORPORATE SERVICES MANAGER IN REGARD TO APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TWINNING FUND

Members were advised that this application towards the cost of the first leg of a youth exchange between Gorey Youth Needs Group and young people from the Oban area had been withdrawn for the reason set out in item 4(a) above. Page 3

The Committee considered applications from voluntary organisations for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Narrative Total Cost Decision

Eilean Easdeal Promotion of Arts £7,663 Grant of £500 programme

Argyll Area Scout To assist with £2,300 Grant of £285 Council training of 30 Leaders on First Aid, Special Needs, Drugs and alcohol and team building

(Ref: Report by Area Community Learning and Regeneration Manager, submitted)

5. DEVELOPMENT SERVICES

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

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

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

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

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

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

The Committee dealt with Planning Applications as follows

(d) 03/00696/OUT: DAVID ALAN JONES: SITE FOR ERECTION OF DWELLING HOUSE - LAND NORTH EAST OF 1 AND 2 GLEN HOUSES, SALEN ROAD, DERVAIG, ISLE OF MULL

It was agreed that this application be continued to a special meeting to be held on 15th June 2004. Page 4

(Ref: Report dated 17th December 2003 and Supplementary Report No.1 dated 15th March 2004 by Head of Planning, submitted)

(e) 03/01319/MFF: FORERA LTD: SHELLFISH FARM MODIFICATION - FISH FARM AT SGEIR LAG CHOAN, LOCH ETIVE, BONAWE

After consideration of Supplementary Report No.1 dated 1st June 2004 by the Head of Planning, it was agreed that objections be raised to this proposal:

(a) because the increase from 17 mussel rafts to 28 rafts cannot be justified in terms of landscape impact. The addition of 11 rafts would enable the production of 600 tonnes of mussels annually and the resultant maximum biomass of such production would be large with an unknown benthic impact; (b) the proposal is contrary to Policy RUR 16 of the adopted Lorn Local Plan; Policy PROP CP1 of the approved Argyll & Bute Structure Plan; Policy AQ1 of the draft Argyll & Bute Local Plan; and Government guidance contained within Advice Note “Marine Fish Farming and the Environment”, all of which have a presumption against aquaculture development which would have an unacceptable environmental impact; and (c) the site has already reached a maximum level of density of production on the site within this part of the loch; capacity has been reached.

(Ref: Report dated 10th May 2004 and Supplementary Report dated 1st June 2004 by Head of Planning, submitted)

(f) 03/01884/DET: ANNIE HALL: REPLACEMENT OF EXISTING SINGLE DWELLING WITH TWO SEMI-DETACHED DWELLING HOUSES, 3 STRONGARBH PARK, TOBERMORY, ISLE OF MULL

It was agreed to recommend to the Public Service and Licensing Committee that this application be approved:

(a) on the basis that the proposal will not result in an increased density of development and would reflect that of the existing Strongarbh Park development, which is already of a lower density than that of the surrounding properties in the Tobermory area. The layout and mass of the proposed building, in relation to both the existing plot size and adjacent properties would not significantly alter the overall appearance and townscape of this existing, uniform group of dwellings, and is acceptable in terms of policies BE 8(A) of the Mull, Coll and Tiree Local Plan and Policies H 1(A), H 4(B) and E 10 of the Argyll and Bute Draft Local Plan; and (b) subject to conditions to be determined by the Head of Planning in consultation with the Chairman, Vice-Chairman and Councillor Banks.

(Ref: Report dated 15th April and Supplementary Report No.1 dated 4th May 2004 by Head of Planning, submitted)

(g) 03/02221/DET: JOHN R MACFARLANE LTD: ERECTION OF A BOAT MAINTENANCE SHED, BALVICAR PIER, BALVICAR, ISLE OF SEIL

After consideration of Supplementary Report No.1 dated 1st June 2004 by the Head of Planning it was agreed that consideration of this application be continued to the h Page 5

meeting on 7th July 2004 to allow for investigation of the issue of noise pollution, and the issue of storage of equipment at the site.

(Ref: Report dated 4th May 2004 and Supplementary Report No.1 dated 1st June 2004 by Head of Planning, submitted)

(h) 03/02283/COU: JOHN BRACKENBURY: ALTERATIONS AND CHANGE OF USE OF PROPERTY TO CLASS 7 GUESTHOUSE, LAND AT CAOLAS FARM, ISLE OF COLL, TOGETHER WITH REPORT FROM SENIOR BUILDING CONTROL OFFICER IN REGARD TO BUILDING CONTROL ISSUES

After consideration of Supplementary Report No.1 dated 1st June 2004 by the Head of Planning it was agreed that consideration of this application be continued to the meeting on 7th July 2004 for a comprehensive report to address the planning, building control and environmental health issues at the site.

(Ref: Report dated 15th March 2004 and Supplementary Report No.1 dated 1st June 2004 by Head of Planning, submitted)

(i) 04/00082/MFF: CELTIC SEA LTD: PROPOSED SHELLFISH FARM, LOCH CRIDAIN, ISLE OF MULL

It was agreed that objections be raised to this proposal as set out in the report dated 10th May 2004 by the Head of Planning.

(Ref: Report dated 10th May 2004 by Head of Planning, submitted)

(j) 04/00109/MFF: CELTIC SEA LTD: MODIFICATION OF SHELLFISH FARM, PENNYGHAEL, ISLE OF MULL

It was agreed that objections be raised to this proposal as set out in the report dated 10th May 2004 by the Head of Planning.

(Ref: Report dated 10th May 2004 by Head of Planning, submitted)

(k) 04/00166/COU: GILLIAN BARTON: APPLICATION FOR TEMPORARY SITING OF THREE CARAVANS AND INSTALLATION OF SEPTIC TANK, NANT FARM, ICHRACHAN, TAYNUILT

Refused for the reasons set out in the report dated 12th May 2004 by the Head of Planning.

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

(l) 04/00223/COU: J KENNEDY & PARTNERS: CHANGE OF USE OF FORMER LAUNDRY TO FORM RESIDENTIAL FLAT, 3 BACK COMBIE STREET, OBAN

It was agreed that consideration of this application be continued to the meeting on 15th June 2004 to allow time for investigations to be carried out in regard to an alternative location for the siting of the proposed access ramp.

(Ref: Report dated 21st April 2004 by Head of Planning, submitted) Page 6

(m) 04/00251/OUT: MR AND MRS D THOMSON: SITE FOR A DWELLING, LAND WEST OF DUNARD, GLEN LONAN, TAYNUILT

Approved, subject to (a) conditions 1-4, 6 and 7 as set out in the report dated 1st April 2004 by the Head of Planning; (b) the amendment of condition 5 to read “Any details pursuant to Condition 1(b) above shall include a landscaping scheme which incorporates tree and shrub planting, using native species and provides for a maintenance programme for a minimum period of 10 years. No trees shall be felled within the scheme and any losses through disease, damage, neglect or weather exposure shall be replaced with equivalent species within one growing season”, and (c) condition 8, subject to an addition of (i) a sub paragraph 5 to read “visibility splays of 2.5m x 65m to the south and 2.5m x 70m to the north shall be cleared and thereafter maintained clear of all obstructions over 1 metre in height measured from the metalled surface of the adjacent road”, and (ii) a sub paragraph 6 to reflect that the first 5 metres of the access shall be constructed in tarmacadam or similar hardbound material, which is required to be drawn up in accordance with the Area Roads Manager’s requirements.

(Ref: Report dated 1st April 2004 by Head of Planning, submitted)

(n) 04/00289/DET: AGL MACTAGGART: FORMATION OF NEW VEHICULAR ACCESS, SALIGO, NORTH CONNEL

Approved, subject to (a) conditions 1 and 2 as set out in the report dated 5th May 2004 by the Head of Planning; and (b) the amendment of condition 3 to read “That the development hereby approved shall not be begun until full details of the access bellmouth, including details of the first 5 metres of the access constructed in tarmacadam or similar hardbound material, which is required to be drawn-up in accordance with the Area Roads Manager’s requirements, have first been submitted to and approved in writing by the Council, as the Planning Authority”.

(Ref: Report dated 5th May 2004 by Head of Planning, submitted)

(o) 04/00392/OUT: KEN AND ELIZABETH LACY: SITE FOR THE ERECTION OF A DWELLINGHOUSE AND STABLE, LAND EAST OF ACHA FARM, BALVICAR, ISLE OF SEIL

It was agreed that this application be continued to a meeting to be held on 15th June 2004 to allow time to investigate concerns in regard to sight lines.

(Ref: Report dated 5th May 2004 by Head of Planning, submitted)

(p) 04/00393/OUT: KEN AND ELIZABETH LACY: SITE FOR THE ERECTION OF A DWELLINGHOUSE, LAND EAST OF ACHA FARM, BALVICAR, ISLE OF SEIL

It was agreed that this application be continued to a meeting to be held on 15th June 2004 to allow time to investigate concerns in regard to sight lines.

(Ref: Report dated 10th May 2004 by Head of Planning, submitted) Page 7

(q) 04/00564/OUT: L KING: SITE FOR A DWELLING - PLOT 1, FERNIE, NORTH CONNEL

Withdrawn.

(r) 04/00566/OUT: L KING: SITE FOR A DWELLING - PLOT 2, FERNIE, NORTH CONNEL

Withdrawn.

(s) 04/00568/OUT: L KING: SITE FOR A DWELLING - PLOT 3, FERNIE, NORTH CONNEL

Withdrawn.

(t) 04/00575/DET: JOHN AND ALLISON BOYCE: EXTENSION TO FORM A BEDROOM AND INSTALLATION OF AN OIL TANK, 44 ACHLONAN, TAYNUILT

It was agreed that consideration of this application be continued to the meeting on 7th July 2004.

(Ref: Report dated 27th April 2004 by Head of Planning, submitted)

(u) 04/00701/NMA: MR AND MRS FAIR: ERECTION OF DWELLINGHOUSE AND INSTALLATION OF SEPTIC TANK - PONY PARK, BENDERLOCH

It was agreed that the change in position of the dwelling house be treated as a non- material amendment, in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997.

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

(v) 04/00807/DET: MR & MRS D HEGARTY: FORMATION OF THREE DORMER WINDOWS (PART RETROSPECTIVE) - PLOT 1, WOODEND, GLENCRUITTEN ROAD, OBAN

Approved.

(Ref: Report dated 24th May 2004 by Head of Planning, submitted)

(w) REPORT BY DIRECTOR OF DEVELOPMENT SERVICES IN REGARD TO DEVELOPMENT CONTROL PERFORMANCE MONITORING, COUNCIL WIDE AND DECENTRALISED AREA TEAM PERFORMANCE, APRIL 2003 TO MARCH 2004

The Director of Development Services having given an assurance that every effort will be made to attain the performance targets for Development Control Performance in Oban, Lorn & the Isles, Members noted a report dated June 2004 in regard to Development Control Performance Monitoring for the period April 2003 to March 2004.

(Ref: Report dated June 2004 by Director of Development Services, submitted) Page 8

(x) PLANNING AWARDS 2003

Members considered a report by the Director of Development Services in regard to the Oban, Lorn and the Isles Area Design Award 2003 and agreed:

(a) that the winner of the 2003 award is the extension to Seaview Cottage, Old Main Road, Salen, isle of Mull (Applicant – Gareth Potter, Agent – Battledown Studio); and (b) to recommend that consideration be given to undertaking a review of the Design Award mechanism with a view to having one award for the entire Council area, and investigating the issue of sponsorship.

(Ref: Report dated 5th May 2004 by Director of Development Services, submitted)

(y) REPORT BY HEAD OF TRANSPORTATION AND INFRASTRUCTURE IN REGARD TO HITRANS WINDFALL FUNDING

Members considered a list of projects, submitted by the Area Roads Manager, for funding by the HITRANS Windfall Funding, and agreed that consideration of this matter be continued to the meeting on 7th July 2004.

(Ref: Extract from the Minute of the Meeting of the Strategic Policy Committee held on 6th May 2004; Report dated 14th May 2004 by Head of Transportation and Infrastructure; and lists of projects from the Area Roads Manager, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY ROADS AND AMENITY SERVICES MANAGER IN REGARD TO WORKS PROGRAMME 2004-2005

Members considered, and approved, a report by the Area Roads and Amenity Services Manager in regard to the proposed Roads Maintenance Works Programme for 2004/05.

(Ref: Report dated 26th May 2004 by the Area Roads and Amenity Services Manager, submitted)

(b) REPORT BY HEAD OF FACILITY SERVICES IN REGARD TO MOSSFIELD STAND AND STADIUM

Members were advised that this report had been withdrawn.

7. PUBLIC QUESTION TIME

There were no questions from members of the public.

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

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO LAND AT IONA

Members considered, and approved, a report dated 12th May 2004 by the Director of Corporate Services in regard to land at Iona.

(Ref: Report by Estates Surveyor dated 12th May 2004, submitted)

(b) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO PROPERTY AT FIONNPHORT

Members considered a report dated 14th May 2004 by the Director of Corporate Services in regard to property at Fionnphort, Isle of Mull.

Decision:

It was agreed to instruct the Director of Corporate Services, in consultation with the Director of Operational Services, to initiate a rent review, quantify a sale value, and report back to a future Committee.

(Ref: Report by Estates Surveyor dated 14th May 2004, submitted)

Members considered a report dated 12th May 2004 by the Director of Corporate Services in regard to Millpark Lane, Oban.

Decision:

It was agreed to:-

(a) note the report; and (b) instruct the Director of Corporate Services to undertake a progressive revision of the leases at Millpark Lane.

(Ref: Report by Estates Surveyor dated 12th May 2004, submitted)

(d) REPORT BY CHIEF SOLICITOR IN REGARD TO KERRERA SCHOOL

Members considered, and approved, a report dated 1st June 2004 by the head of Legal and Protective Services in regard to Kerrera School building.

(Ref: Report by Chief Solicitor dated 1st June 2004, submitted)

(e) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO FORMER DALAVICH PRIMARY SCHOOL, DALAVICH

Members considered, and approved, a report dated 12th May 2004 by the Director of Corporate Services in regard to the current status in respect of the former Dalavich Primary School. Page 10

(Ref: Report by Estates Surveyor dated 12th May 2004, submitted)

(f) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO A DRAFT MANAGEMENT AGREEMENT OF GROUND AT MOSSFIELD STADIUM

Members considered, and approved, a report dated 26th May 2004 by the Area Amenity Services Manager in regard to lease of an area of ground at Mossfield Park, Oban.

(Ref: Report dated 26th May 2004 by the Area Amenity Services Manager, submitted)

(g) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO LEASED INDUSTRIAL UNITS IN OBAN

Members considered, and noted, a report by the Director of Corporate Services in regard to leased industrial units in Crannog Lane, Mill Lane and Mill Park, Oban.

(Ref: Report dated 1st June 2004 by the Estates Surveyor, submitted)

9. ENFORCEMENT ACTIONS

(a) REPORT BY HEAD OF PLANNING IN REGARD TO ENFORCEMENT REPORTS AND EXTANT NOTICES

It was agreed that this item be continued to the meeting on 7th July 2004.

(b) 03/00265/ENF

Members considered, and approved, a report by the Head of Planning in regard to enforcement ref. 03/00265/ENF, the period of compliance to expire on 30th June 2005.

(Ref: Report by Head of Planning dated 2nd June 2004, submitted)

Members considered, and approved, a report by the Head of Planning in regard to enforcement ref. 04/00036/ENF.

(Ref: Report by Head of Planning dated 2nd June 2004, submitted)

(d) 04/00069/ENF

Members considered, and noted, a report by the Head of Planning in regard to enforcement ref. 04/00069/ENF. It was noted that a full report will be presented to the meeting on 7th July 2004.

(Ref: Report by Head of Planning dated 2nd June 2004, submitted)

(e) 04/00070/ENF (INCLUDED IN REPORT FOR 04/00069/ENF)

Members considered, and noted, a report by the Head of Planning in regard to Page 11

enforcement ref. 04/00070/ENF. It was noted that a full report will be presented to the meeting on 7th July 2004.

(Ref: Report by Head of Planning dated 2nd June 2004, submitted)

10. DEEDS AND DOCUMENTS

(a) REPORT BY CHIEF SOLICITOR IN REGARD TO FORMAL DEEDS AND DOCUMENTS ISSUED SINCE THE LAST MEETING

Members considered, and noted, a report dated 19th May 2004 by the Head of Legal and Protective Services in regard to all formal deeds and documents relating to the Oban, Lorn and the Isles area between 19th February and 18th May 2004.

(Ref: Report by Chief Solicitor dated 19th May 2004, submitted) Page 12 Public DocumentPage 13 Pack Agenda Item 3b

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on TUESDAY, 15 JUNE 2004

Present: Councillor A MacDougall (Chair) Councillor I Gillies Councillor A Macaskill Councillor S MacDougall Councillor D McIntosh Councillor D MacIntyre Councillor E Robertson

Attending: Kenneth Macdonald, Area Corporate Services Manager John Maciver, Senior Planning Officer Neil Brown, Area Roads and Amenity Services Manager

Prior to the commencement of business, Councillor Macaskill presented to the Chairman a plaque from the Captain, Officers and Crew of the luxury cruise ship ‘The World’ in commemoration of the liner’s maiden call to Oban on 11th June 2004.

1. APOLOGIES FOR ABSENCE

Councillor Robin Banks.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. DEVELOPMENT SERVICES

(a) LIST OF APPLICATIONS FOR PLANNING PERMISSION FOR CONSIDERATION BY THE COMMITTEE

Noted.

(b) 03/00696/OUT: DAVID ALAN JONES: SITE FOR THE ERECTION OF DWELLING HOUSE, LAND NORTH EAST OF 1 & 2 GLEN HOUSES, SALEN ROAD, DERVAIG, ISLE OF MULL

It was agreed that consideration of this application be continued to the meeting on 7th July 2004 for final determination.

(Ref: Supplementary Report No.1 dated 15th March 2004 and report dated 17th December 2003 by the Head of Planning, submitted) Page 14

(c) 04/00223/COU: J KENNEDY & PARTNERS: CHANGE OF USE OF FORMER LAUNDRY TO FORM RESIDENTIAL FLAT, 3 BACK COMBIE STREET, OBAN

After consideration of Supplementary Report No.1 dated 11th June 2004 by the Head of Planning it was agreed that consideration of this application be continued to the meeting on 7th July 2004 for final determination.

(Ref: Supplementary Report No.1 dated 11th July 2004 and report dated 21st April 2004 by the Head of Planning, submitted)

(d) 04/00392/OUT: KEN AND ELIZABETH LACY: SITE FOR THE ERECTION OF A DWELLINGHOUSE AND STABLE, LAND EAST OF ACHA FARM, BALVICAR, ISLE OF SEIL

It was agreed that consideration of this application be continued to the meeting on 7th July 2004 to allow the Area Roads Manager to submit details of the visibility requirements and what can be achieved at the site.

(Ref: Report dated 5th May 2004 by the Head of Planning, submitted)

(e) 04/00393/OUT: KEN AND ELIZABETH LACY: SITE FOR THE ERECTION OF A DWELLINGHOUSE, LAND EAST OF ACHA FARM, BALVICAR, ISLE OF SEIL

(Ref: Report dated 10th May 2004 by the Head of Planning, submitted)

4. OPERATIONAL SERVICES

(a) OBAN TIMES SLIPWAY

It was agreed that consideration of this item be deferred.

5. PUBLIC QUESTION TIME

Oban Community ‘While the Community Council appreciates the town centre is Council cleaner of litter and dog fouling, what plans are in place to clear up the rubbish that accumulates on the foreshore, particularly the sand infilling, which we understood would be kept clean in the holiday season?’ After hearing the Area Roads and Amenity Services Manager, it was agreed that a report be submitted to the meeting on 7th July 2004 in regard to the resources to be allocated to beach cleaning in the current year. Page 15

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

6. ENFORCEMENT ACTIONS

(a) REPORT BY HEAD OF PLANNING IN REGARD TO ENFORCEMENT REPORTS AND EXTANT NOTICES (TO FOLLOW)

It was agreed to continue this item to the meeting on 7th July 2004. Page 16

This page is intentionally left blank Page 17 Agenda Item 3c

ARGYLL & BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE

CORPORATE SERVICES 7 JULY 2004

INITIATIVE AT THE EDGE

1. SUMMARY

Argyll and Bute Council are part of a strategic partnership to support remote fragile areas through the Initiative at the Edge project. Colonsay and Jura within Mid Argyll, Kintyre and Islay area are 2 of the areas. Coll will become the 3rd area on 1st October 2004. Appendix I details key elements of the Initiative at the Edge project throughout all services.

2. RECOMMENDATION

The Committee are asked to note that the Initiative at the Edge process requires the Council to carefully consider and prioritise the needs of the islands of Colonsay, Jura and Coll throughout all services.

3. BACKGROUND

3.1 The Initiative at the Edge process was set up by the Government in 1997. 4 areas in the Western Isles were included in the project which required partners to prioritise existing funding towards these areas. In 1998 Colonsay and another 3 areas in Mainland Scotland and Orkney were also included. These 8 areas have continued as Initiative at the Edge areas since then.

3.2 The Scottish Executive commissioned a monitoring and evaluation report in 2001 and as a result a process has been followed to require existing areas to exit from the project to allow other remote areas to enter.

3.3 The Argyll & Bute Community Planning Partnership, chaired by the Council, agreed in 2003 to recommend the inclusion of Jura and Coll and this proposal was accepted by the Initiative at the Edge National Steering Group (Chaired by Lewis Macdonald MSP, Depute Minister for Enterprise and Lifelong Learning) in October 2003.

3.4 Jura entered Initiative at the Edge on 1st April 2004, and the first local community meeting was held on 4th May 2004. Representatives of the Council, Argyll and the Islands Enterprise (AIE), Crofters Commission and Communities Scotland were all present. Jura have exciting plans for their development under the Initiative at the Edge badge.

3.5 A preliminary meeting has been held on Coll who will enter Initiative at the

F:\moderngov\Data\AgendaItemDocs\4\0\5\AI00017504\ReportInitiativeattheEdge0.doc Page 18

Edge on 1st October 2004. The Council and AIE have had positive discussions with the Community Council and other local people. Meetings will be held over the summer in order to ascertain the Community’s views on the development plan and how to manage the Initiative at the Edge process.

3.6 Deirdre Forsyth, Area Corporate Services Manager, Mid Argyll, Kintyre and Islay, represents the Council on the Management Committee of Initiative at the Edge, which meets every 2 months. She is also on the local steering groups on Colonsay and Jura, and is supporting Ken MacDonald in assisting Coll to proceed into Initiative at the Edge in October. These two officers will be the conduit into Council services for the Initiative at the Edge.

4. IMPLICATIONS

Policy

Financial Prioritisation of Council budgets to support Initiative at the Edge Personnel

Equal Opportunities

Legal

Community

Kenneth Macdonald Area Corporate Services Manager 01631 567930

20th June 2004

F:\moderngov\Data\AgendaItemDocs\4\0\5\AI00017504\ReportInitiativeattheEdge0.doc Page 19 Agenda Item 4a

ARGYLL AND BUTE COUNCIL 7th July 2004 COMMUNITY SERVICES

LEISURE DEVELOPMENT GRANTS 2004-5

1. SUMMARY

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

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

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendation Project Requested An Tobar £60,000 £10,000 £2,500 Connel Milenium Sports £1,250 £625 £625 Field Association Total £3,125

3. CONCLUSION

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

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Leisure Development Grants for 2004/05 will be £13,525

Page 20

4. IMPLICATIONS

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

Financial: The recommendations will allocate a further sum of £3,125 from the funds available for 2004-5.

Personnel: Nil

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

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

Page 21 Page 22 Page 23 Agenda Item 4b Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Agenda Item 4c

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES COMMUNITY SERVICES DEPARTMENT AREA COMMITTEE 7 July 2004

WILLOWVIEW COMMUNITY CARE CENTRE

1. SUMMARY

1.1 This report advises the Area Committee that the plans and funding arrangements for the establishment of the Willowview Community Care Centre have now been finalised.

1.2 The Willowview Community Care Centre will facilitate improved joint working between the local health and social care staff within the Oban and Lorn area in the care and support of older people and people experiencing mental health problems.

2. RECOMMENDATION

2.1 That the Area Committee authorises the Director of Community Services to proceed with the establishment of the Willowview Community Care Centre.

3. BACKGROUND

3.1 The Area Committee gave in principle agreement for the redevelopment of the Willowview Hostel as the Willowview Community Care Centre on the 7th August 2002. This decision reflected the recommendations of the Residential Learning Disability Best Value Review and the Scottish Executive policy document “The Same as You”. The re-development of the Willowview Hostel into a community care centre is consistent with the aims of the Joint Future agenda and the White Paper “Partnerships for Care” which promote the development of local integrated services.

3.2 Since the 7th August 2003 all the Willowview Hostel residents have either transferred into their own homes or have been more appropriately placed in long term nursing care. Those residents who have moved into the community now have their own tenancies and care packages funded through the supporting people programme.

3.3 The Willowview Hostel was later used to temporarily accommodate the children from Shellachview whilst Shellachview was being extended and refurbished. This work was completed in January 2004 and the Willowview Hostel is now vacant.

4. DETAIL

4.1 It is planned that the Willowview Community Care Centre will accommodate the following services:

4.1.1 Adult Mental Health Services (including Dementia Services) Page 32

These services will include the transfer of the Dementia Services from the Eadar Glinn Older Persons Home. The Dementia Service presently operates within the basement of Eadar Glinn which is less than satisfactory. The Willowview Community Care Centre will provide a base for the Community Psychiatric Nursing Team and specialist Dementia Nurses, the Social Work Mental Health Team and facilities for visiting psychiatrists and psychologists. The bringing together of these services under one roof will help facilitate multi-disciplinary team working and improved services.

4.1.2 Integrated Outreach Team

The Integrated Outreach Team is also presently accommodated in the basement of the Eadar Glinn Older Persons Home. This arrangement is also unsatisfactory and the Care Commission have advised the Council that more appropriate premises need to be identified. The Community Care Centre will also accommodate a training facility for the Integrated Outreach Team including a “step up, step down” bed with ensuite facilities.

4.1.3 Home Care and Evening Home Care Services

These services presently operate from the Social Work Service Centre and directly complement the work of the Integrated Outreach Team. The transfer of these services to the same location as the Integrated Outreach team should facilitate more effective planning, the best use of resources and improved joint working.

4.1.4 Community Laundry Service

The location of the Integrated Outreach, Home Care and Evening Home Care teams in the same location affords the opportunity to share resources and create new services. The provision of a community laundry would be one such example.

4.1.5 Crisis Bed

The provision of care in the community within a rural environment leaves services vulnerable in some crisis situations. In these circumstances individuals may be admitted to a hospital, placed in a care home and in extreme situations accommodated in a police station. Access to a crisis bed will provide health and social care staff with another option when needing to support an individual in a safe environment.

4.1.5 Shared Reception

The Willowview Community Centre is joint undertaking between the Argyll and Bute Council and NHS Argyll and Clyde it follows that the core reception and administration of the centre is shared.

Willowviewcccommitteereportf7720040.Doc 2 29/06/04 Page 33

4.2 The cost of establishing the Willowview Community Care Centre is estimated to £150,000. The project will be funded by the Oban, Lorn and the Isles Joint Future Group in partnership with the Argyll and Bute Council Mental Health Service and NHS Argyll and Clyde (Mental Health Services). The apportionment of capital and shared revenue costs will be based on the usage of floor space. The funds to cover the capital and revenue costs have been identified by all the partners.

4.3 The business relationship between the partners will be formalised by means of a Partnership Agreement that has been approved by the Council’s Legal Services team.

4.4 The Departments Capital Projects Manager advises that subject to the necessary approvals the work on the Willowview Community Care Centre should be completed by end of the financial year.

5. CONCLUSION

5.1 The Willowview Community Care Centre will facilitate enhanced joint working between and the local health and social care staff as well as provide the opportunity for improved service planning and the best use of the available resources. The establishment of the Community Care Centre also provides a timely solution to the need to relocate the Integrated Outreach Team and the Dementia Service from the basement of the Eadar Glinn Older Persons Home.

6. IMPLICATIONS

Policy: Complies with the recommendations of the Joint Future group

Financial: Funded from Resource Transfer held by the Oban Lorn and the Isles Joint Future Group and Mental Health Resource Transfer held by the Argyll and Bute Council Mental Health Service.

Legal: The partnership Agreement has been approved by Legal Services

Personnel: Consultation has taken place with staff side representatives.

Equal Opportunities: The establishment of the Willowview Community Care Centre should enhance the support available to the more vulnerable adults within the community.

For further information please contact: Alex Taylor Area Service Manager Oban, Lorn and the Isles Tel No 01631 564052 5th June 2004

Willowviewcccommitteereportf7720040.Doc 3 29/06/04 Page 34

This page is intentionally left blank Page 35 Agenda Item 5a

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

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

03/01466/MTP Paul And Maree Zvegintzov 04/08/2003 14/08/200 10/06/2004 WARAPP 3 Alteration and change of use of ex generator room

Appin Home Farm Appin Argyll PA38 4BN

03/02002/ALT National Australia Group 31/10/2003 04/11/200 04/06/2004 WARAPP 3 Alteration to access (DDA works)

20 Main Street Tobermory Isle Of Mull PA75 6NU

03/02056/ERC Scottish Seafarms Limited 10/11/2003 11/11/200 15/06/2004 WARAPP 3 Erection of fish intake building

Hydro Seafood GSP Benderloch Oban Argyll

03/02320/ERC Foster Yeoman Ltd 22/12/2003 20/01/200 19/05/2004 WARAPP 4 Erection of new offices

Rhugh Garbh Depot Barcaldine Oban Argyll PA37 1SE 04/00002/ERD M And K Macleod Limited 05/01/2004 02/02/200 04/06/2004 WARAPP 4 Erection of 32 dwelling houses

Area 2 Phase 1 Glengallan Road Oban Argyll

04/00042/ERC J And J McPherson 09/01/2004 12/01/200 04/06/2004 WARAPP 4 Erection of steel framed farm building

Ballimeanoch Farm Dalmally Argyll PA33 1BW

04/00122/ERD Mr Mrs Entwistle 22/01/2004 03/02/200 04/06/2004 WARAPP 4 Erection of dwelling house, oil tank and septic tank

Land South East Of Eorabus House Ardtun Bunessan Isle Of Mull 04/00434/ALT Nigel John Evans 05/03/2004 08/03/200 04/06/2004 WARAPP 4 Removal of chimney and formation of shower, wc and oil fired boiler Chanory Polvinister Road Oban Argyll PA34 5TN

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

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

04/00444/ALT Muckairn Church Of Scotland 08/03/2004 09/03/200 14/05/2004 WARAPP 4 Alteration to form disabled access

Muckairn Church Of Scotland Church Road Taynuilt

04/00447/DEM Mr Mrs A Dawson 08/03/2004 09/03/200 10/06/2004 WARAPP 4 Demolition of croft house and out buildings

Achadaphail Croft Ardtun Bunessan Isle Of Mull PA67 6DN 04/00493/ERD M And K Macleod Limited 12/03/2004 19/03/200 04/06/2004 WARAPP 4 Erection of dwelling house - Plot 19

Plot 19 The Glebe Kilmelford Oban Argyll

04/00496/ERD M And K Macleod 12/03/2004 19/03/200 04/06/2004 WARAPP 4 Erection of dwelling house - Plot 18

Plot 18 The Glebe Kilmelford Oban Argyll

04/00508/ALT NHS Argyll & Clyde Trust, Moira Newiss 15/03/2004 16/03/200 04/06/2004 WARAPP 4 Erection of lean to timber framed extension to form RM 01, 02 and 03 with corridor 4.01A and internal Lorn & Island District General Hospital Glengallan Road Oban Argyll PA34 4HH 04/00531/EXT Duncan & Marie Gillies 17/03/2004 22/03/200 18/05/2004 WARAPP 4 Extension of Dwelling House

Cruailinn Taynuilt Argyll PA35 1HY

04/00560/AOW Mr And Mrs M Collins 19/03/2004 24/03/200 19/05/2004 WARAPP 4 AOW to 01/00801/EXT - Alterations and extensions to dwelling Kilpatrick Lochdon Isle Of Mull PA64 6AP

04/00561/ALT Mr And Mrs Beattie 19/03/2004 23/03/200 20/05/2004 WARAPP 4 Alteration and change of use from hotel to dwelling class 1B with extension to form attached garage Inshaig Park Hotel Easdale Oban Argyll PA34 4RF

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

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

04/00573/AOW Mr And Mrs A Johnston 22/03/2004 22/03/200 15/06/2004 WARAPP 4 Amended proposal to Warrant 03/00722/ERD

Land South West Of Lettershuna Appin Argyll

04/00590/ALT Mr Kevin Macdougall 24/03/2004 24/03/200 18/05/2004 WARAPP 4 Installation of oil central heating

8 Achnafearna Taynuilt Argyll PA35 1JP

04/00630/AOW John Cage, Esq. 30/03/2004 13/05/200 10/06/2004 WARAPP 4 Amendment to Warrant 00/01594/COU

The Smiddy Lismore Oban Argyll

04/00648/LOC Mr & Mrs D J Roberts 31/03/2004 21/05/2004 COMF

Property Inspection Service

Thundergay Cullipool Oban Argyll PA34 4TX

04/00685/EXT Mr Mrs Robinson 06/04/2004 14/05/200 04/06/2004 WARAPP 4 Erection of heated conservatory

Church Lodge Dalmally Argyll PA33 1AX

04/00713/ALT Ms Heather Muir 07/04/2004 13/05/200 04/06/2004 WARAPP 4 Alteration to dwelling house

26 Hazeldean Crescent Oban Argyll PA34 5JT

04/00714/ALT Dr And Mrs P Provost 08/04/2004 17/05/200 04/06/2004 WARAPP 4 Proposed alterations to form new door openings to bedroom 1 and Living and erect flat roof side 7 Etive Park North Connel Oban Argyll PA37 1SJ

04/00732/AOW Eriska Enterprises 13/04/2004 13/05/200 14/05/2004 WARAPP 4 Alteration of Staff Houses to Form Guest Houses

Guest Houses, Isle Of Eriska Hotel Benderloch Oban Argyll

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

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

04/00735/AOW Alistair Bullock 13/04/2004 13/05/200 14/05/2004 WARAPP 4 Amended proposal

Rathan North Connel Oban Argyll PA37 1RE

04/00754/ERD Mr John Wilson 14/04/2004 30/04/200 08/06/2004 WARAPP 4 Erection of dwelling house

Land South West Of Tigh-Na-Clachan Clachan Seil Oban Argyll 04/00760/ALT Mr Mrs M Fink 15/04/2004 04/05/200 04/06/2004 WARAPP 4 Erection of garage with first floor storage space accessed by external staircase Ptarmigan The Fairways Erray Road Tobermory Isle Of Mull 04/00784/AOW Caledonian MacBrayne Limited 20/04/2004 29/04/200 19/05/2004 WARAPP 4 Amendment of Warrant 03/01299/MTP

Caledonian MacBrayne Ltd Railway Pier Oban Argyll

04/00787/EXT Mr Ian McInnes 20/04/2004 19/05/200 15/06/2004 WARAPP 4 Extension to Front of Dwelling to Enlarge Living Room Bil-Na-Bruaich Ganavan Road Oban Argyll PA34 5TU 04/00816/LOC Mr And Mrs John MaFatridge 23/04/2004 20/05/2004 COMF

Letter of Comfort

Jorene North Connel Oban Argyll PA37 1QX

04/00818/ERD J Jones Esq 23/04/2004 14/05/200 08/06/2004 WARAPP 4 Proposed change of use of former shop to dwelling

4 Burnside Court Connel Oban Argyll PA37 1PA

04/00819/AOW Allan C.Dunnings 23/04/2004 13/05/200 14/05/2004 WARAPP 4 Amendment to 99/00885/COU

The Old Schoolhouse Rhugarbh Barcaldine Oban Argyll PA37 1SE

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

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

04/00821/ERD Mr Mrs G MacCormick 26/04/2004 05/05/200 08/06/2004 WARAPP 4 Erection of dwelling house

Lagnagiogan Isle Of Iona

04/00892/ALT Mr And Mrs A Durley 06/05/2004 20/05/200 08/06/2004 WARAPP 4 Installlation of proposed ramped access route

Briarcroft Benderloch Oban Argyll PA37 1QS

04/00893/ALT Alistair Borthwick 06/05/2004 18/05/200 19/05/2004 WARAPP 4 Relocate oil storage tank, provide and install new 1300 litre plastic storage tank and pipework, Silver Thorn Port Appin Appin Argyll PA38 4DE

04/00908/AOW Mr R Connelly 07/05/2004 13/05/200 14/05/2004 WARAPP 4 Amendment to Warrant 01/00521/ALT

Hamilton House Dunollie Road Oban Argyll PA34 5PJ 04/00910/EXT Mr Gregor Campbell 07/05/2004 12/05/200 21/05/2004 WARAPP 4 Extension to side (NorthEast) Elevation to form integral garage, corridor, WC compartment, bedroom 28 Nant Drive Soroba Oban Argyll PA34 4LA

04/00914/AOW Mr Mrs D Hegarty 10/05/2004 12/05/200 14/05/2004 WARAPP 4 Amended proposal - 03/01482/ERD

Land South East Of Woodend Glencruitten Road Oban Argyll 04/00919/DEM Strathclyde Joint Police Board 10/05/2004 13/05/200 14/05/2004 WARAPP 4 Demolition of garage (timber frames and steel clad)

(Forbes) Campbell Street Oban Argyll PA34 4BQ

04/00923/AOW Beverly McKillop 11/05/2004 03/06/200 08/06/2004 WARAPP 4 Amended proposal to 02/00742/EXT

Glenforsa Ardconnel Terrace Oban Argyll PA34 5DJ

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

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

04/00933/LOC Mr Robert Douglas Murray 12/05/2004 18/05/2004 COMF

Installation of a Calor Gas LPG tank in the rear garden 1 Achnacloich Cottage Portsonachan Dalmally Argyll PA33 1BJ 04/00939/AOW Stewart E Carmichael 12/05/2004 12/05/200 14/05/2004 WARAPP 4 Amended proposal - 04/00064/ERD

Plot 3 Woodend Glencruitten Oban Argyll

04/00954/ALT Mr Mrs Leitch 13/05/2004 14/05/200 18/05/2004 WARAPP 4 Alteration to dwelling (installation of conservatory)

Upper Achachenna Kilchrenan Taynuilt Argyll PA35 1HG 04/00962/AOW Alistair Scarlett + Louise Thomas 14/05/2004 14/05/200 18/05/2004 WARAPP 4 Amended proposal - 02/02052/ERC - Erection of Guest House Land North Of Druim Cabaig Dervaig Tobermory Isle Of Mull 04/00963/EXT Graham Brown 14/05/2004 17/05/200 04/06/2004 WARAPP 4 Rear two storey timber framed extension to dwelling house Kirk Cottage Albert Street Tobermory Isle Of Mull PA75 6PJ 04/00974/EXT Mr & Mrs N Beaton 17/05/2004 18/05/200 04/06/2004 WARAPP 4 Single storey timber framed rear and side extension to Dwelling House 17 Balvicar Road Oban Argyll PA34 4RP

04/00975/EXT Mr & Mrs P Thomas 17/05/2004 18/05/200 18/05/2004 WARAPP 4 Erection of unheated timber conservatory to rear elevation 3 Lawe Road Soroba Oban Argyll PA34 4NW

04/00978/ALT Mrs Michelle McMahon 17/05/2004 18/05/200 04/06/2004 WARAPP 4 Installation of Patio Doors and Balcony/Deck (retrospective) Cleadale Barran Kilmore Oban Argyll PA34 4XR

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

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

04/00982/ERC Mr & Mrs T Davies 18/05/2004 20/05/200 15/06/2004 WARAPP 4 Erection of Garage

Fioryn Clachan Seil Oban Argyll PA34 4TJ

04/00986/EXT Mr & Mrs S Honeyman 18/05/2004 04/06/200 08/06/2004 WARAPP 4 Erect Single Storey Rear Extension

Eilean Garbh Taynuilt Argyll PA35 1HY

04/01003/ALT Mr And Mrs M Picken 20/05/2004 20/05/200 21/05/2004 WARAPP 4 Proposed alteration to roof (to remove Velux roof window and construct dormer window in place) Timberscome Barcaldine Oban Argyll PA37 1SE

04/01034/EXT Mrs Ann Colthart 24/05/2004 08/06/200 10/06/2004 WARAPP 4 Extension to Dwelling House

Duriehill Grosvenor Crescent Connel Oban Argyll PA37 1PQ 04/01035/AOW Norman MacDonald 24/05/2004 25/05/200 04/06/2004 WARAPP 4 Amendment to Warrant 03/00734/ERD (erection of dwelling house) Land South East Of Sunart View Guest House Tobermory Isle Of Mull 04/01045/EXT Mr MacDonald 26/05/2004 01/06/200 04/06/2004 WARAPP 4 Erection of Conservatory

77 Nant Drive Soroba Oban Argyll PA34 4NL

04/01053/ALT Derek Anthony Colewell 27/05/2004 03/06/200 04/06/2004 WARAPP 4 Alteration to two bedrooms to form en suite facilities

Reray House Ardconnel Road Oban Argyll PA34 5DW 04/01109/ALT John Fairlie 03/06/2004 03/06/200 10/06/2004 WARAPP 4 Form door opening to exempt conservatory

6 Ferryfield Road Connel Oban Argyll PA37 1SR

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

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

04/01129/DEM M And K Macleod Limited 07/06/2004 08/06/200 10/06/2004 WARAPP 4 Demolition of disused tanks, ancillary plant and buildings Former Tank Farm Scarinish Isle Of Tiree

04/01147/ALT Mr David John Devine 08/06/2004 09/06/200 15/06/2004 WARAPP 4 Alteration to dwelling (remove existing partition to enlarge bathroom) 26 Hazeldean Crescent Oban Argyll PA34 5JT

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 17 June 2004 Page 8 of 8 Page 43 Argyll and Bute Council Agenda Item 5b Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

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

16 June 2004 Page 1 of 11 Page 44 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00912/DET Ballet West 18/05/2004 08/06/2004 WDN

Ichrachan Farm Taynuilt Argyll PA35 1HP

Erection of Ballet School, Workshop and Student Residence

04/00904/NMA Lorn Carmichael 17/05/2004 09/06/2004 NOO

Land Adjacent To Rock Cottage Salen Isle Of Mull

Non material amendment for installation of additional window relating to Consent 00/01805/REM (erection of dwelling house)

04/00898/NMA Stuart E Carmichael 12/05/2004 25/05/2004 NOO

Plot 3 Woodend Glencruitten Oban Argyll

Non material amendment - 03/01840/DET - minor amendments to fenestration and deletion of oil storage tank

04/00863/NMA Mr John Allen Howard 11/05/2004 25/05/2004 PER

Plot 1 Oakfield Dervaig Tobermory Isle Of Mull

Non-material amendment to 02/2009/DET (erection of dwellinghouse) for addition of dormers in south elevation

04/00849/DET M And K Macleod Ltd 07/05/2004 09/06/2004 PER

Land South West Of Lagganmore Kilninver Oban Argyll

Erection of dwellinghouse

04/00838/NMA Ms L Holden 04/05/2004 25/05/2004 NOO

Land North West Of Highlee Ardtun Bunessan Isle Of Mull

Non material amendment to 03/00867/DET (erection of dwellinghouse) for addition of a solid fuel stove and velux windows 04/00827/NMA Mr And Mrs Charrington 06/05/2004 25/05/2004 NOO

House Of Treshnish Farm Calgary Tobermory Isle Of Mull PA75 6QX Non material amendment to 02/01340/DET - alteration to porch design and roof pitch

04/00817/DET Jonathan M & Janet M Bowler 05/05/2004 15/06/2004 PER

Site At 3 Balephuil Scarinish Isle Of Tiree

Erection of Dwelling House (on site of ruined croft house)

16 June 2004 Page 2 of 11 Page 45 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00816/DET D G & E Rhodes 05/05/2004 09/06/2004 PER

Hydro House 1 Crunachy Cottages Taynuilt Argyll PA35 1HT

Extension to Dwelling House

04/00797/GDCON Caledonian MacBrayne 30/04/2004 26/05/2004 PDD

Ferry Terminal, South Pier Railway Pier Oban Argyll

Harbour Revision Order

04/00766/DET Mr Mrs Douglas Fairburn 29/04/2004 25/05/2004 PER

Crossapol Isle Of Coll

Erection of Conservatory

04/00761/ADV M F Wells (Hotels) Limited 27/04/2004 09/06/2004 PER

Lochawe Hotel Lochawe Dalmally Argyll PA33 1AQ

Erection of free standing signboard

04/00756/DET Mr Mrs Shaun Bate 29/04/2004 09/06/2004 PER

2 Deirdre Connel Oban Argyll PA37 1PL

Alterations and extension to dwellinghouse

04/00743/DET Ms Alison Chadwick 23/04/2004 09/06/2004 PER

41 Ellenabeich Easdale Oban Argyll PA34 4RQ

Alterations to dwelling

04/00741/COU J Jones Esq 23/04/2004 25/05/2004 PER

4 Burnside Court Connel Oban Argyll PA37 1PA

Change of Use of Shop to Dwellinghouse

04/00726/PNAGRI Lorne Fowler 22/05/2004 09/06/2004 NOO

Tigh Na Mara Clachan Seil Oban Argyll

Repositioning Pole Barn

16 June 2004 Page 3 of 11 Page 46 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00722/DET Frank Waplington 23/04/2004 25/05/2004 PER

Orcadia North Connel Oban Argyll PA37 1RF

Extension to Dwellinghouse

04/00716/DET Mr And Mrs D Forbes 29/04/2004 25/05/2004 PER

Altreidth Kilmelford Oban Argyll PA34 4XA

Alterations and Extension to dwellinghouse

04/00709/DET Ian McInnes 20/04/2004 21/05/2004 PER

Bil-Na-Bruaich Ganavan Road Oban Argyll PA34 5TU

Extension to Front Elevation of Dwellinghouse

04/00707/DET Mr & Mrs Strathern 20/04/2004 25/05/2004 PER

Elderberry 6 Keil Crofts Benderloch Oban Argyll PA37 1QS

Extension to dwelling house

04/00681/DET Mr Alex Macarthur 15/04/2004 09/06/2004 PER

3 Heylipol Scarinish Isle Of Tiree PA77 6TY

Erection of implement shed

04/00676/DET Mr Cugley 15/04/2004 25/05/2004 PER

Cuil-Na-Sithe Kilchrenan Taynuilt Argyll PA35 1HF

Erection of replacement conservatory

04/00675/DET Mr Mrs J Lynch 15/04/2004 25/05/2004 PER

8 Balvicar Road Oban Argyll PA34 4RP

-Extension and alterations to dwelling house

04/00634/DET Mr & Mrs Maclean 08/04/2004 04/06/2004 PER

The Garage Breadalbane Street Oban Argyll

Demolition of former garage buildings and erection of 3 letting units

16 June 2004 Page 4 of 11 Page 47 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00632/DET John And Jean Bowman 07/04/2004 25/05/2004 PER

Land South West Of Melfort Home Farm Kilmelford Oban Argyll Erection of dwellinghouse and installation of septic tank

04/00614/COU Mr L Ross 06/04/2004 21/05/2004 PER

The Cottage Kilmore Oban Argyll PA34 4XT

Change of Use of Store/Workshop to form Dwellinghouse including Erection of Conservatory

04/00612/DET Mr Mrs Robinson 22/04/2004 20/05/2004 PER

Church Lodge Dalmally Argyll PA33 1AX

Erection of heated conservatory

04/00611/DET Mr Mrs J Heward 06/04/2004 25/05/2004 PER

Site 5 Former County Hospital Benvoullin Lane Oban Argyll

Erection of dwelling house

04/00554/DET Alistair W Knox 07/04/2004 27/05/2004 PER

Tigh Beag 34 Easdale Island Oban Argyll PA34 4TB

Alterations and extensions to dwellinghouse

04/00553/LIB Alistair W Knox 07/04/2004 25/05/2004 PER

Tigh Beag 34 Easdale Island Oban Argyll PA34 4TB

Alterations and extensions to dwellinghouse

04/00549/COU Project Trust 24/03/2004 09/06/2004 PER

Totamore Isle Of Coll PA78 6TE

Change of Use of Land to Site Static Caravan

04/00531/OUT Mr Donald Macarthur 26/03/2004 09/06/2004 PER

6 Heylipol Scarinish Isle Of Tiree PA77 6TY

Site for erection of dwellinghouse and installation of septic tank

16 June 2004 Page 5 of 11 Page 48 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00525/COU Mr Mrs Howard 25/03/2004 25/05/2004 PER

Ulva House Ulva Ferry Isle Of Mull PA73 6LZ

Change of Use of Barn to form Class 7 Bunkhouse Accommodation

04/00520/LIB Royal Bank Of Scotland Group 16/04/2004 07/06/2004 PER

26 George Street Oban Argyll PA34 5SB

Alterations to Building to Improve Facilities for Disabled People

04/00517/LIB Mr Alistair W Knox 08/04/2004 25/05/2004 PER

43 Easdale Island Oban Argyll PA34 4TB

Extension to dwelling house

04/00514/DET Mr Alistair W Knox 07/04/2004 25/05/2004 PER

43 Easdale Island Oban Argyll PA34 4TB

Extension to dwelling house

04/00504/LIB Muckairn Church Of Scotland 18/03/2004 28/04/2004 PER

Muckairn Church Of Scotland Church Road Taynuilt

Construction of disabled ramp, toilet for disabled, interior central door, closure of side doors

04/00501/DET Mr Alan Duffy 23/03/2004 25/05/2004 PER

10 Corran Brae Oban Argyll PA34 5AL

Creation of parking area at side and deck to front of flat

04/00492/DET Mr And Mrs Robertson 19/03/2004 18/06/2004 PER

Land South West Of Garmony Cottage Craignure Isle Of Mull

Erection of dwelling and septic tank

04/00477/DET John And Jacqueline Strettle 18/03/2004 25/05/2004 PER

Site 4 Former County Hospital Benvoullin Lane Oban Argyll

Erection of dwelling house

16 June 2004 Page 6 of 11 Page 49 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00467/NMA Mr & Mrs D Gillies 17/03/2004 07/06/2004 NOO

Cruailinn Taynuilt Argyll PA35 1HY

Erection of extension - Non Material Amendment to Consent 03/02292/DET. Amendment to window fenestration and installation of flue 04/00459/COU Stephen Kemp 16/03/2004 24/05/2004 PER

Plot 2 Land East Of 16 Crossapol Scarinish Isle Of Tiree

Change of Use of Agricultural Store to Craft Workshop

04/00458/DET Vodafone Ltd 15/03/2004 25/05/2004 PER

Land At Creag Mhor Gribun Isle Of Mull

Redevelopment of Existing Vodafone Mast to Incorporate Airwave (mmO2) together with Ancillary Equipment

04/00356/DET Mr & Mrs S Kemp 02/03/2004 25/05/2004 PER

Plot 2 Land East Of 16 Crossapol Scarinish Isle Of Tiree

Erection of Dwelling House & Installation of Septic Tank

04/00354/OUT Charles Hodge 02/03/2004 21/05/2004 PER

Land North Of Dalnacabaig Kilmore Oban Argyll

Site for Erection of Dwelling House

04/00334/DET Mr Mrs M Jennison 26/02/2004 16/06/2004 PER

Land North East Of 8 Kilkenneth Scarinish Isle Of Tiree

Erection of dwellinghouse and garage and installation of septic tank

04/00318/OUT Mr & Mrs H Hubbard 03/03/2004 21/06/2004 PER

Druimard Dervaig Tobermory Isle Of Mull PA75 6QW

Site for erection of dwellinghouse

04/00302/DET Mr Terrance Differ 31/03/2004 25/05/2004 PER

Cornaigmore Isle Of Coll PA78 6TE

Demolition of cottage and erection of dwellinghouse

16 June 2004 Page 7 of 11 Page 50 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00300/COU Mr O Russell 27/02/2004 12/05/2004 PER

The Shieling Breadalbane Street Tobermory Isle Of Mull PA75 6QA Conversion of Stone Shed to form Dwellinghouse

04/00282/DET Victoria J D Sivesss 18/03/2004 12/05/2004 PER

Land South East Of Druimard Dervaig Tobermory Isle Of Mull Siting of a caravan

04/00246/DET Mr & Mrs J Westland 23/02/2004 04/06/2004 PER

Ardshona Rockfield Road Tobermory Isle Of Mull PA75 6PN

Extension to dwellinghouse

04/00168/DET Mr R Shellcok 05/02/2004 24/05/2004 PER

Land East Of Sionascaic, Ledaig Benderloch Oban Argyll

Erection of dwelling house

04/00167/OUT Dorinda Johnson 26/03/2004 21/05/2004 PER

An Canadh Balevullin Scarinish Isle Of Tiree PA77 6XD

Site for erection of a dwelling house

04/00164/COU Mr H Whittle 21/04/2004 17/05/2004 WDN

Land North West Of Glenfeochan House Kilmore Oban Argyll

Change of use of land to form tennis court

04/00132/OUT Iain MacArthur 26/01/2004 20/06/2004 PER

Land South Of 1 Balinoe Balinoe Scarinish Isle Of Tiree

Site for Erection of Dwelling House

04/00065/OUT David Wathen 27/01/2004 21/05/2004 PER

Land East Of Creit Dhu Dervaig Tobermory Isle Of Mull

Site for erection of dwelling house

16 June 2004 Page 8 of 11 Page 51 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00062/OUT Mr Colin Kennedy 09/02/2004 09/06/2004 PER

Croft 2 Arinagour Isle Of Coll

Erection of dwellinghouse and detached garage

04/00033/OUT Mrs Marie Anderson 21/01/2004 26/05/2004 PER

The Bungalow Gribun Isle Of Mull PA68 6EJ

Site for Erection of Dwelling House

04/00021/DET Ms Pat Cheney-Wilson 19/01/2004 09/06/2004 PER

Land South West Of Corrie Port Appin Appin Argyll

Erection of dwelling house and studio

04/00010/OUT Mr Alex Macarthur 16/01/2004 24/05/2004 PER

3 Heylipol Scarinish Isle Of Tiree PA77 6TY

Site for erection of dwellinghouse

04/00008/REM Mr & Mrs J Macaulay 06/01/2004 24/05/2004 PER

Land East Of Lonruadh Cottages Tyneribbie Appin Argyll

Erection of dwellinghouse and garage (Plot 10)

03/02405/OUT Mr Colin E Hodge 23/12/2003 21/05/2004 PER

Sawmill Hillside Ardbrecknish Dalmally Argyll

Site for the erection of dwelling house

03/02305/DET Roderick Graham 19/12/2003 20/05/2004 PER

Land South East Of Sheiling Kilmore Oban Argyll

Erection of 5 dwelling houses

03/02141/CLAWU Mrs I Burke 27/02/2004 26/05/2004 CGR

Land North West Of Tulla Cottage Bridge Of Orchy Argyll

Certification of Lawfulness - Exisitng Use - Street Trader

16 June 2004 Page 9 of 11 Page 52 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

03/02092/DET Mr Mrs I Jordan 27/11/2003 27/01/2004 PER

5 Kilvaree Connel Oban Argyll

Erection of dwelling house and installation of septic tank

03/02030/DET Mr & Mrs A Dawson 03/11/2003 24/05/2004 PER

Achadaphail Croft Ardtun Bunessan Isle Of Mull PA67 6DN

Demolition of derelict croft house and erection of new dwelling House

03/02008/DET National Australia Group 09/06/2004 WDN

6 Argyll Square Oban Argyll PA34 4AZ

Alterations to form disabled access to the bank

03/01846/CONAC Mr P Carragher 05/11/2003 07/05/2004 PER

Cragaig West Street Tobermory Isle Of Mull PA75 6QZ

Demolition of existing garage

03/01832/DET Colin James Morrison 20/10/2003 09/06/2004 PER

Land West Of Cnoc Deachuinn, Penmore Dervaig Tobermory Isle Of Mull Erection of dwelling house

03/01746/LIB Mr George Mackenzie 30/09/2003 09/06/2004 PER

31 Cullipool Oban Argyll

Extension to dwellinghouse to form bathroom and kitchen

03/01744/DET Mr George Mackenzie 30/10/2003 09/06/2004 PER

31 Cullipool Oban Argyll

Extension to dwellinghouse to form bathroom and kitchen

03/00767/OUT P A Hewitt 02/05/2003 21/05/2004 WDN

Plot 1 Land East Of White Croft North Connel Oban Argyll

Erection of dwellinghouse

16 June 2004 Page 10 of 11 Page 53 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

02/02019/CLAWU Mr W J Currie 19/11/2002 25/05/2004 PER

31 Lochside Street Oban Argyll

16 June 2004 Page 11 of 11 Page 54

This page is intentionally left blank Page 55 Agenda Item 5c ______

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES DEVELOPMENT SERVICES AREA COMMITTEE 7th JULY 2004 ______

PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE ______

Reference No. Narrative

03/00696/OUT Mr David Alan Jones: Site for the erection of a dwelling house, land north east of 1 & 2 Glen Houses, Salen Road, Dervaig, Isle of Mull (Pages 57-68)

03/02221/DET John R MacFarlane Ltd: Erection of a boat maintenance shed, Balvicar Pier, Balvicar, Isle of Seil (Pages 69-84)

03/02283/COU Mr J Brackenbury: Alterations and change of use of property to Class 7 Guesthouse, land at Caolas Farm, Isle of Coll (Pages 85- 100)

04/00159/OUT MacGregor Hotels: Site for erection of two dwelling houses – land north of Lochnell Arms Hotel, North Connel, Oban (Pages 101-108)

04/00223/DET J Kennedy & Partners: Change of use of former laundry to form residential flat, 3 Back Combie Street, Oban (Pages 109-116)

04/00392/OUT Ken & Elizabeth Lacy: Site for the erection of a dwelling house and stable – land east of Acha Farm, Balvicar, Isle of Seil (Pages 117- 126)

04/00393/OUT Ken & Elizabeth Lacy: Site for the erection of a dwelling house – land east of Acha Farm, Balvicar, Isle of Seil (Pages 127-138)

04/00690/OUT Mr & Mrs G C Lyle: Site for the erection of two dwelling houses - land south east of Calgary, Lower Soroba, Oban (Pages 139-146)

04/00812/OUT Dennis Williams: Site for the erection of a dwelling house – land at Penlarach, Lerags, by Oban (Pages 147-154)

04/00837/DET O2 (UK) Limited: Telecommunications mast site share – 2.5 metre extension to existing mast and installation of additional telecommunications antenna – Tobermory Telephone Exchange, Breadalbane Street, Tobermory (Pages 155-171)

30 June 2004

F:\moderngov\Data\AgendaItemDocs\2\8\5\AI00017582\PlanningList0.doc Page 56

This page is intentionally left blank Page 57 Agenda Item 5d

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 14th April 2003 OBAN, LORN AND THE ISLES Committee Date - 7th April 2004

15th March 2004

Reference Number: 03/00696/OUT Applicants Name: Mr David Alan Jones Application Type: Outline Application Application Description: Site for Erection of Dwelling House Location: Land North East of 1 & 2 Glen Houses, Salen Road, Dervaig, Isle of Mull

SUPPLEMENTARY REPORT NO. 1

(A ) INTRODUCTION

Members will recall my report dated 17th December 2003 in respect of the application, which was considered at a site inspection meeting on 28th January 2004, and was recommended for continuation to allow the applicant to; demonstrate how the proposed ‘Potential Development Area’ would be accessed; how the application site relates to the access regime; what land/land ownership is involved and what are the physical dimensions/geometry of these access proposals; as well as to allow the statutory public consultation to be carried out for the draft Local Plan.

Potential Development Area

Since the site inspection meeting the applicant has provided some of the additional information requested of him. In conjunction with the overall landowner, Mr Hugh Boa of Aintuim Farm, Dervaig, it has been identified that within the south-western portion of the proposed ‘Potential Development Area’ (PDA) (Ref. No. 6/17) it is proposed to erect a total of four additional houses. Of these this application represents the first of three located on the north-eastern side of the access road between its junction with the Dervaig to Salen road and the existing dwelling house at Hillside. These will all take access off the existing access. The fourth house, situated to the north-east of Hillside, is intended to gain access through the neighbouring land, also forming part of the PDA, and in the ownership of another.

Roads and Access

As a result the total number of houses gaining access directly from the Salen Road will be five, and therefore within the parameters identified in policy A4 of the Draft Argyll and Bute Local Plan 2004. However, due to the increase in houses off this access, improvements commensurate with the scale of development proposed will be required both for the existing house and for the greater number of houses. In terms of the current proposal it is considered that the junction/visibility splay improvements are required together with ensuring that the access can be brought up to a breadth of 3.7 metres together with a passing place. If this can be achieved and providing access can be secured to the wider PDA from an alternative access, there would be no objections to this proposal.

The details of visibility splays and junction improvements with the public road are being sought from the Area Roads Manager. It is anticipated that those details will be available prior to the Committee Meeting.

That area of land for the access and visibility, together with the existing private access, lies outwith the red edge of the application site and within the ownership of a second party (Mr H Boa). Accordingly, in order to secure those improvements are undertaken to the existing access and junction/visibility requirements it will be necessary to enter into a Section 75 Agreement with the applicant and landowner.

Draft Local Plan Responses

The Council’s Development Plans Section has been advised that this application is being considered at the April Area Committee Meeting. I understand that no representations have been received as a result of the statutory public consultation exercise for the Draft Local Plan, specifically relating to the proposed ‘Potential Development Area’.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696SUPP1JM15III040.DOC 1

Page 58

Whilst no objection have been received to the PDA as a result of the Local Plan consultation process, there are a number of key areas that require to be addressed by the applicant prior to finally deciding on this application, namely;

(i) Securing any junction and visibility splay improvements required by the Area Roads Manager, for inclusion in a Section 75 agreement.

(ii) The applicant supplying a plan showing the junction/visibility improvements and that the access can be widened to 3.7 metres up to a point past the proposed house site together with a passing place for inclusion in a Section 75 agreement, and particularly

(iii) The applicant supply a plan showing where the wider PDA can be accessed from, to ensure that the PDA is not land-locked and can be safely accessed from the public road. Due to the scale of the PDA this access would require to be of a standard that could be adopted by the Council.

Accordingly, in order to allow the applicant to provide all of the necessary information, as requested, it is recommended that the determination of this application be continued.

(B ) RECOMMENDATION

It is recommended that this application be continued to a future meeting.

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696SUPP1JM15III040.DOC 2

Page 59

APPENDIX RELATIVE TO 03/00696/OUT

(A) POLICY OVERVIEW

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

Draft Argyll and Bute Local Plan

A4 Development, Roads and Private Accesses

Acceptance of private accesses

A) Developments shall be served by roads (over which the public have right of access) but allowing for private access arrangements which meet the following criteria:

2. the private accesses comprise new accesses approaching and serving a housing development and connecting individual development plots with the road network* subject to the development not exceeding:

b) 7 dwelling houses in the island minor settlements and rural areas. *see policy note 2 in the Annex (page 108).

Continuous improvement

B) Private accesses shall have suitable layout, design dimension and construction to function effectively and safely. Where the development involves, directly or indirectly, increased use of an existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access condition will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access.

Standards of private accesses

D) Private accesses servicing development shall be to a standard consistent with the level of use and location of the access – see policy note 7 in the Annex (page 109).

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696SUPP1JM15III040.DOC 3

Page 60

This page is intentionally left blank Page 61

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 14th April 2003 OBAN, LORN AND THE ISLES Committee Date - 14th January 2004

17th December 2003

(A) THE APPLICATION

Development Requiring Express Planning Permission

• Site for the erection of a dwelling house (no details submitted) • Use of and improvements to existing access (no details submitted) • Proposed private water supply (no details submitted) • Installation of septic tank (no details submitted)

(B) RECOMMENDATION

The application is recommended for refusal.

It is proposed to erect a dwelling house on an area of land to the rear (north east) of properties 1 and 2 Glen Houses, Salen Road, Dervaig on the south eastern periphery of the settlement. Existing Development Plan Policy Due to the dispersed nature of the settlement pattern of Dervaig, Policy STRAT 4 of the Mull, Coll and Tiree Local Plan 1985, has removed the presumption in favour of single or small scale residential development within the settlement area of Dervaig other than those sites as identified by Policy HO 7. This site lies within Dervaig but outwith those areas identified as being suitable for infill development and is therefore contrary to Policy HO 7 of the Development Plan.

The objective of Policy HO 7 of the Mull, Coll and Tiree Local Plan is to minimise servicing problems and to protect the general appearance of the village of Dervaig, to which open spaces and woods make an important contribution. Accordingly, careful consideration is required to be given to the identification of sites suitable for infill and rounding off in Dervaig.

Since the adoption of the 1st Review and Alteration of the Local Plan 1988, the areas of land allocated for residential development under Policy HO 7 have been built upon. It is therefore recognised and accepted by the Council that given the age of the Local Plan it fails to provide an effective five year supply of land for housing for the settlement of Dervaig.

Recently in order to address the shortage of allocated housing land, my Department has adopted a pragmatic approach of considering applications for houses on their own merits, having due regard to Government Planning Policy and guidance; the policies contained within the Approved Structure Plan and the adopted Mull, Coll and Tiree Local Plan; the emerging policies of the replacement area wide Local Plan; and other relevant material planning considerations.

As a consequence of this pragmatic approach, a number of planning applications for housing within Dervaig have been approved as minor departures from the development plan. My Departments approach to the assessment of such applications is to consider the capacity of the landscape to absorb this type of development. This approach is encouraged by National Planning Policy Guidance

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 1

Page 62

14; “Natural Heritage”, which will underpin the policies in the emerging area wide replacement Local Plan for Argyll and Bute.

All proposals for development outwith the areas identified by Policy HO 7 are required to be justified in terms of the criteria as set out in Policy STRAT 4A of the Local Plan, as follows: (i) Locational/operational need (ii) Economic Benefit (iii) Environmental Impact (iv) Effect on conservation of natural and heritage resources (v) Sterilisation of natural resources (vi) Alternative policies and proposals contained in the local plan In terms of Policy STRAT 4A housing is usually only permissible, outwith the areas allocated for infill development by Policy HO 7, where it can be justified in terms of locational/operational need. In this case the proposal is not supported by such a justification and the proposal is therefore contrary to Policy STRAT 4 and 4A of the Mull, Coll and Tiree Local Plan.

Capacity of landscape to absorb further development

At the time of adoption of the Local Plan, existing development along Salen Road comprised a small cluster of development from the junction, Kilmore Church, the School and a dwelling house. The land then opened into an underdeveloped area of hazel wood on the sloping hillside extending some 200 metres along the public road in a south easterly direction, before reaching a pocket of development comprising of two dwelling houses, the Little Mull Theatre and the A-frame chalet development known as Glen Houses. Since this time, three further houses have been erected. One towards the edge of the School cluster which was approved as a minor departure from the development plan. More recently two further houses have been erected towards the eastern edge of the settlement boundary, the most recent of which was also approved as a minor departure to the Plan.

Following the granting of planning permission for the most recent dwelling, it was considered that incremental development in this area of Dervaig had resulted in the two clusters of development, at the School, and at the eastern boundary of the settlement, being more visually linked. This has had the effect of extending the outer settlement boundary of Dervaig to the end of the Glen Houses development.

The proposed development site comprises an existing area of vacant land to the rear of the existing A- frame chalet development known as Glen Houses. The area in question sits naturally within the topography of the landscape such that it is not visible from any viewpoint along the frontage of Salen Road, nor is it visible from the bay area of Dervaig. The site is obscured from view by natural topography, the chalet development and the chalets’ associated natural landscaping.

As such, this site for the erection of one dwelling house represents a suitable opportunity of rounding- off development, and will not have an adverse impact on the landscape.

Infrastructure and Servicing

It is proposed that access to the site will be via the existing vehicular access from Salen Road which extends the length of the rear boundary of the chalet development, and, beyond the application site, serves two other properties; that a currently unspecified, private water supply is to be used from the adjoining farm land; and a single septic tank is proposed and the Scottish Environmental Protection Agency has raised no objection to the proposal. Emerging Development Plan Policy Whilst the principle of this pragmatic approach to justify residential development in the vicinity of Dervaig is accepted it does raise a number of issues. Such an ad hoc approach is not consistent with taking a longer-term view as to the most appropriate locations for the expansion of Dervaig. It also prevents a co-ordinated approach to the provision of access and services. The emerging local plan provides for such a framework, both in the form of specific land use allocations, the identification of broader potential development areas, areas for action and areas for search as well as a review of the areas within which infill and rounding-off development would be considered appropriate.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 2

Page 63

As more and more development has taken place in and around Dervaig so its capacity to accommodate further new development has been reduced. There are now only a limited number of options as to where further development could take place. The site and the area around it require to be looked at very carefully in order to establish the optimal capacity of the wider area to accommodate further development. This will be driven by the access and infrastructure requirements. By dealing with this application on an ad hoc basis it is possible that it would prevent the full potential of the surrounding area to be realised.

Given that no information has been provided, either by the applicant or the landowner, that shows that this development will not prejudice the development of the wider area it is considered that this application is premature and prejudicial to the emerging district wide local plan.

(D) CONCLUSION

The current proposal is not supported by a locational/operational need and is therefore considered to be contrary to the existing Mull, Coll and Tiree Local Plan, policies STRAT 4 and HO 7.

It cannot be considered to represent a minor departure to the policies of the Mull, Coll and Tiree Local Plan. Although the proposal could be considered to represent a suitable opportunity for rounding-off development, given the age of the existing adopted Local Plan and the lack of effective land supply, there are concerns that the development would prejudice the overall aims of a comprehensive form of development contained within the emerging local plan.

The application is considered to be premature to the emerging Argyll and Bute local plan and without additional detail, regarding the development of the wider proposed allocated site and potential development area, is considered to be prejudicial to the proposed means of comprehensive development intentions of the emerging local plan.

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 3

Page 64

REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/00696/OUT

1. The application site lies outwith the identified boundaries of the settlement of Dervaig, as identified in the Mull, Coll and Tiree Local Plan 1st Review & Alteration 1988. Accordingly, STRAT 4 of the plan removes the presumption in favour of single or small scale residential development in the countryside in the Dervaig settlement area. Policy HO 7 provides that the settlement pattern of Dervaig requires that infill development be restricted to sites identified by the Council within the local plan inset map. The site lies outwith the defined settlement area for Dervaig and within that part of the countryside where STRAT 4 removes the presumption in favour. No locational or operational need has been identified in support of this application. Accordingly, it is considered that this proposal for a single dwelling is contrary to provisions of STRAT 4 and Policy HO 7 Mull, Coll and Tiree Local Plan.

2. The proposed policies of the emerging Argyll and Bute Local Plan will seek to ensure the future development of Dervaig and is likely to indicate the area including the application site, and the land to the north and east of the site, as the most deliverable within the life of that plan to 2007. In order to ensure delivery of a planned expansion it is necessary to ensure that overall requirements of that expansion are clearly identified and the parameters set within which that development can take place. It is considered that this development would hindering such an approach as to allow a small-scale part of that wider area, in isolation from the remainder of the scheme, would result in any future adjoining development being confined to the limitations imposed as a result of the approved development. It is for this reason that the application is considered to be potentially prejudicial to the emerging Local Plan.

3. The emerging Argyll and Bute Local Plan seeks to identify a co-ordinated, comprehensive and deliverable form of future development and expansion for Dervaig. The details of the plan will, in the first instance, be made public in a consultation process lasting for 6 weeks and commencing towards the end of January 2004. This will allow all interested parties to become involved in the deciding the future development of the town and its environs. It is for this reason that this development of a single dwelling house on this site is considered to be premature to the public process of the emerging Local Plan. If approved by the Council, prior to the commencement of this public consultation process, this would predetermine a part of the future development of Dervaig and prevent full public involvement in and consideration of the proposed future expansion of the village and the resultant ramifications.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 4

Page 65

APPENDIX RELATIVE TO 03/00696/OUT

(A) POLICY OVERVIEW

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

Mull, Coll and Tiree Local Plan

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

(iii) In the … Dervaig, … settlement area. (See Proposals Map).

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

(i) Locational/operational need (ii) Economic benefit (iii) Sterilisation of natural resources (iv) Environmental impact (v) Effect on conservation of natural and heritage resources (vi) Alternative policies and proposals contained in the local plan.

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

(d) Areas of local landscape significance: (ii) Loch a’Chumhainn/Calgary, Mull.

RUR 2 Proposals for development in or affecting … areas of local landscape significance will require to be justified against the following criteria:

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

HO 7 The settlement patterns of Dervaig and Lochdon require that infill development in these settlements be restricted to sites identified by the Council.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 5

Page 66

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None applicable.

(ii) Consultations

Response Date Comment Area Roads Engineer No response Scottish Environmental Protection Agency 12.05.03 No objections Scottish Water 12.05.03 No objections

(iii) Publicity and Representations

Advert Type: Article 18 (Potential Departure from Development Plan) Closing Date: 10th July 2003

No representations received.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\1\5\AI00017510\0696WR17XII03JM0.DOC 6

Page 67 Page 68

This page is intentionally left blank Page 69 Agenda Item 5e

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 26th November 2003 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

1st June 2004

Reference Number: 03/02221/DET Applicants Name: John R MacFarlane Ltd Application Type: Detailed Application Application Description: Erection of a Boat Maintenance Shed Location: Balvicar Pier, Balvicar, Isle of Seil

SUPPLEMENTARY REPORT NO. 1

(A ) INTRODUCTION

Members will note my report dated 4th May 2004 in respect of this proposal currently before them for consideration.

Since my department’s previous report 5 new letters of representation have been received:

Name Address Letter date J Bisp Cocquet Lodge, Balvicar, Isle of Seil, OBAN 29.5.04 Mr & Mrs G Geoghegan Am Bruach, Balvicar, Isle of Seil, OBAN Miss R McIver 10 Kilbrandon Cottages, Balvicar, OBAN Mr & Mrs M Waddell 9 Kilbrandon Cottages, Balvicar, OBAN J Bisp Cocquet Lodge, Balvicar, by OBAN PA34 4TE 17.5.04 Mr & Mrs M Waddell 9 Kilbrandon Cottages, Balvicar, Isle of Seil PA34 4RA 21.5.04 M McSweeney Balvicar Boatyard, Balvicar, Isle of Seil, OBAN, 31.5.04 PA34 4TE Robina McIver 10 Kilbrandon Cottages, Balvicar, Seil PA34 4RA 22.5.04

Summary of points raised:

• Concerns raised that original report states that there will be no intensification of use of the pier as a result of the proposal. This is not correct as the applicant has his fleet of boats maintained at other premises, and the proposal, together with the required equipment, will result in an intensification of use of the site.

Comments: The assessment of this application has not been made on the basis of no intensification of use, rather the existing commercial activity, the current level of regulation, and the proposed operations have been assessed and it is considered that, with appropriate conditions to regulate the development, the proposal will not adversely affect the amenity of the surrounding properties.

• Concerns raised that the proposed Condition 2 should include a decibel level.

Comments: The Public Protection Unit considered that restricted hours of operation were appropriate in this case. A condition relating to a decibel level is considered to be unenforceable due to the other users and activities in this location which do not directly relate to the current proposal.

• Concerns raised that the proposed Condition 3 should be amended to restrict the use of the shed to only the applicant’s boats.

Comments: The use of shed for the maintenance of boats is considered to be acceptable, subject to conditions restricting operations on the site. It is considered there is no reasonable justification to personalise this permission.

• Concerns maintained over the external appearance of the proposed shed.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221SUPP1010604SKP0.DOC 1

Page 70

Comments: See my original report.

• Concerns maintained over the impact the proposal would have on the neighbouring properties, being a bad neighbour development and is accordingly contrary to the draft Argyll and Bute Local Plan.

Comments: The application has been assessed on the existing commercial activity, the current level of regulation, and the proposed operations and it is considered that, with appropriate conditions to regulate the development, the proposal will not adversely affect the amenity of the surrounding properties (see original report).

• Concerns raised over the lack of car parking available.

Comments: The Area Roads Engineer has raised no objection to the proposal in terms of road safety.

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions and reasons as per my report dated 4th May 2004.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221SUPP1010604SKP0.DOC 2

Page 71

CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02221/DET

1. Standard detailed.

2. The hours of noise producing operations from the site due to boat maintenance operations shall be restricted from 08:00 to 18:00 Monday to Saturday with no working on a Sunday, unless otherwise first agreed in writing with the Council, as the Planning Authority. Only emergency works will be permitted outwith the approved hours of operation.

Reason: In the interests of residential amenity.

3. The shed hereby approved shall be used only for the purposes of boat maintenance and storage of associated plant, machinery and fishing equipment, and for no other purpose, including those uses within Class 4 and 5 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: In the interests of residential amenity.

4. All mechanical plant and equipment associated with the fishing fleet and boat maintenance operations shall be stored inside the approved shed, unless otherwise first agreed in writing with the Council, as the Planning Authority.

Reason: In the interests of visual appearance and amenity.

5. Prior to the commencement of works on the construction of the shed, full details of the hardstanding to be provided at the north eastern side of the approved shed, including size and finish, shall be submitted to and approved in writing by the Council, as the Planning Authority, in consultation with the Council’s Public Protection Unit. Such details shall show an area suitable for the storage and washing of the fish bait barrels associated with the applicant’s fishing operations. Thereafter the hardstanding shall be formed in accordance with the approved details and made available for use, prior to the first operation of the shed.

Reason: In the interests of public health and amenity.

6. Prior to the commencement of works on the construction of the shed, full details, including BS Number, of the colour of the external wall and roof finish shall be submitted to and approved in writing by the Council, as the Planning Authority. Such details shall show a dark, recessive matt colour. Thereafter, the exterior of the shed shall be finished in the approved colour constructed and thereafter maintained in that colour unless a different colour has first been agreed in writing with Council, as the Planning Authority.

Reason: In the interests of visual appearance and amenity.

7. Prior to the commencement of works on the construction of the shed, finalised site levels, in plan form, shall be submitted to and approved in writing by the Council, as the Planning Authority. Such details shall show the ground level, at the road side elevation of the building, reduced by as much as reasonably possible, subject to a minimum ground level reduction of 1 metre. Thereafter the development shall be carried out in full accordance with the approved details.

Reason: In the interests of visual amenity.

8. Prior to the shed being brought into operation, full details of the external lighting to the building and the site shall be submitted to and approved in writing by the Council, as the Planning Authority, in consultation with the Council’s Public Protection Unit. Such details shall show the minimum of external lighting required, so positioned, controlled, angled downwards and shrouded so as to prevent spillage of the light and glare beyond the site boundary, in accordance with the guidance issued by the Institute of Lighting Engineers. Thereafter the external lighting for the site shall be installed and thereafter maintained in accordance with the approved details and thereafter no additional or alternative external lighting shall be installed on the site unless full details of those lights has first been submitted to and approved in writing by the Council, as the Planning Authority.

Reason: In the interests of amenity in order to eliminate the potential for light nuisance and glare beyond the boundary.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221SUPP1010604SKP0.DOC 3

Page 72

9. Prior to the commencement of any works on site, a scheme of boundary treatment and landscaping shall first be submitted to and approved in writing by the Council, as the Planning Authority. Such details, in plan form, shall include: • bunding and/or tree planting along the south west boundary (road side) of the proposed site; • location, age and species of each individual tree; • height and size of bund; and • a programme for completion and subsequent on-going maintenance, for at least 10 years, of the landscaping. Thereafter the landscaping scheme shall be carried out in accordance with the approved scheme and any trees or plants which within the maintenance period, commenced from the completion of the development, die, or for whatever reason are removed or damaged, shall be replaced in the next planting season with others of similar size and species, unless otherwise first agreed in writing by the Council, as the Planning Authority.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221SUPP1010604SKP0.DOC 4

Page 73

NOTE TO APPLICANT RELATIVE TO APPLICATION 03/02221/DET

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 are no known public sewers to which a connection can be made from the proposed development. Drainage will require to be treated by septic tank or other suitable treatment system to the satisfaction of SEPA. It is advisable that any septic tank should be sited in such a manner as to allow easy access for emptying by tanker.

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 Waters 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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221SUPP1010604SKP0.DOC 5

Page 74

This page is intentionally left blank Page 75

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 26th November 2003 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

4th May 2004

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a boat maintenance and storage shed • Installation of septic tank and soakaway

Other Specified Operations

• Connection to public water main

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a shed for the maintenance and storage of boats and other fishing equipment, on the working Balvicar Pier. The applicant has advised that there is to be no intensification of use of the pier as a result of the proposal. The proposed shed is to allow the current operations on the pier to be carried out inside a new building.

Adopted Lorn Local Plan

Policy COM 4 states that the Council will not normally permit ‘bad neighbour’ commercial uses in residential or mixed commercial/residential areas where it is considered that they would have an unacceptable detrimental effect on the amenities of residential property.

In this respect, the Council’s Public Protection Unit has carefully assessed the potential impact the proposal would have on the surrounding residential properties, whilst taking into account the existing level of commercial activity arising from the site. They have advised as follows:

1. The area identified as the site for the shed is currently used for storage of various items of plant and equipment. The applicant has advised that if permission for the development is granted then this area will be cleared, with some of the items being stored in the shed with the remainder being removed for disposal. A condition is required to be applied to this application relating to on site external storage.

2. The applicant currently carries out his fleet maintenance works on the pier and it is his intention to carry out, wherever possible, this work within the shed. In order to ensure that noise levels, as far as is practicable, do not affect neighbouring properties, operating conditions are required to be applied to this application.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 1

Page 76

3. A section of the site is also currently used for the storage of fish-bait barrels. The development will allow improvements to this storage area with the provision of adequate hard standing and availability of water and drainage for washing of these barrels.

In light of the foregoing, it is considered that the proposed development will not adversely affect the amenity of the surrounding residential properties, provided appropriate conditions are attached to any consent. The proposal therefore accords with Policy COM 4.

The village of Balvicar, including the proposed site, lies within a Regional Scenic Area, wherein all proposals for new development require to be assessed in terms Policies RUR 1 and RUR 2 of the adopted Local Plan. The proposed shed is to be located on an existing working pier and is to be used for boat maintenance and storage of plant, machinery and equipment. This proposal will provide a facility for the current operations to be undertaken inside a building, reducing impact from noise and reducing the visual clutter of the existing external storage. The proposed development will allow the Council to control hours of operation and external storage areas, which are currently unregulated. The site for the building is located within the existing settlement, surrounding by development, and as such will not result in an incongruous feature in the landscape. The shed is to be cut into the existing ground level to reduce the overall height, and landscaping is proposed along the road side boundary further mitigate any visual impact. The shed is to be finished in a dark, recessive matt colour. This is considered to be acceptable in this location. With appropriate site levels, landscaping, operational controls and finish of building, it is considered that the proposal will not have an adverse impact on the landscape quality of this area and as such is consistent with Policy RUR 1 of the adopted Local Plan.

Draft Argyll and Bute Local Plan

Policy B 1 of the draft Local Plan supports small-scale business and industry development in the minor settlements within the preferred areas, these being either local plan allocations and established business and industry areas, unless there are unacceptable environmental servicing or access impacts.

The proposed shed is to be located within an area on the working pier which is currently used for maintenance and storage of boats and fishing equipment. The shed falls within the criteria for ‘small- scale’ development and is located within a ‘preferred area’ for business and industry development. For the reasons stated above, it is considered that the proposal will not have an adverse impact on the landscape quality of this area. The proposal has raised no access or servicing issues. Accordingly, the proposal is considered to be consistent with Policy B 1 of the draft Argyll and Bute Local Plan.

(D ) CONCLUSION

• The proposal is consistent with Policy COM 4 and Policies RUR 1 and RUR 2 of the adopted Lorn Local Plan.

• The proposal is consistent with STRAT DC 1 and Policy B 1 of the Draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 2

Page 77

CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02221/DET

1. Standard detailed.

Reason: In the interests of residential amenity.

Reason: In the interests of visual appearance and amenity.

Reason: In the interests of public health and amenity.

Reason: In the interests of visual appearance and amenity.

Reason: In the interests of visual amenity.

Reason: In the interests of amenity in order to eliminate the potential for light nuisance and glare beyond the boundary.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 3

Page 78

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 4

Page 79

NOTE TO APPLICANT RELATIVE TO APPLICATION 03/02221/DET

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.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 5

Page 80

APPENDIX RELATIVE TO 03/02221/DET

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Adopted Lorn Local Plan

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

(b) Regional Scenic Areas: (i) Knapdale/Melfort;

RUR 2 Proposals for development in or affecting Regional Scenic Areas will require to be justified against the following criteria:

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

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

Draft Argyll and Bute Local Plan

STRAT DC 1 (see Structure Plan Policy above). B 1 Presumptions in Favour and Against Business and Industry Development

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 6

Page 81

A) There is a presumption in favour of business and industry development in the preferred locations as specified in Schedule B1. Business and industry development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, business and industry development will be resisted when it involves development outwith the preferred locations.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this proposal.

(ii) Consultations

Response Date Comment Area Roads Engineer 22.12.03 No objections. Scottish Environmental Protection Agency 21.1.04 No objections. Scottish Water 12.12.03 No objections. Public Protection Unit 21.4.04 No objection subject to conditions.

(iii) Publicity and Representations

Advert Type: Section 34 Bad Neighbour Advert Closing Date: 27th May 2004

Representations: Yes

Name Address Letter date G & M S Geoghenan Am Bruach, Balvicar, Isle of Seil, OBAN, PA34 4TE 6.12.03, 8.12.03 and 12.12.03 Mr & Mrs M Waddell 9 Kilbrandon Cottages, Balvicar, Isle of Seil, OBAN, 8.12.03 PA34 4RA Miss E B Haran Ardtun, Clachan Seil, OBAN, PA34 4TL 10.10.03 Professor M S Baxter Ampfield, Clachan Seil, OBAN, PA34 4TL 5.12.03 M McSweeney Balvicar Boatyard, Balvicar, Isle of Seil, OBAN, 7.12.03 PA34 4TE J Bisp Coquet Lodge, Balvicar, OBAN, PA34 4TE 6.12.03 Ms Robina McIver 10 Kilbrandon Cottages, Balvicar, Isle of Seil, OBAN, 7.12.03 PA34 4RA W G & E Clark 6 Balvicar, Isle of Seil, OBAN, PA34 4TF 6.12.03

Summary of points raised:

• Concerns raised over road safety due to increased traffic as a result of this proposal. Comments: The Area Roads Engineer has raised no objection to the proposal.

• Concerns raised over the visual impact of the proposal. Comments: Taking into consideration the existing industrial use of the site, and its location within a developed area, my department considered the proposal will not have an adverse visual impact on this area.

• Concerns raised that the proposal does not improve employment opportunities in the area. Comments: The applicant is not trying to justify this proposal on economic or employment grounds.

• Concerns raised over noise, light and water pollution.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 7

Page 82

Comments: Conditions are proposed to ensure there is no noise or light nuisance emanating from the site. With respect to water pollution, this is regulated by the Scottish Environmental Protection Agency who have raised no objection to the proposal.

• Concerns raised over the devaluation of surrounding residential properties. Comments: This is not a material planning consideration.

• Concerns raised over the lack of neighbour notification or advertisement in the press. Comments: The required neighbour notification was carried out and an advertisement has been placed in the local press.

• Comparisons made with the existing boatyard at Balvicar and the conditions imposed on it. Comments: This proposal has been assessed in terms of its impacts and condition proposed to alleviate any possible impacts.

• Site lies within a sensitive settlement as identified by Policy Ho 22 of the adopted Local Plan. Site therefore not suitable for proposed development. Comments: Policy HO 22 is a housing policy, not relevant to this current proposal. The proposal has been assessed in terms of the relevant Local Plan Policy – see my assessment.

(iv) Applicant’s Supporting Statement

The applicant’s agent, Bruce Neil, has submitted a letter (dated 18th March 2004) in support of the proposed development which includes the following:

“Our client is keen to emphasise that the proposed development does not represent any intensification of his current fishing business which has operated from Balvicar Pier for over 20 years. During this time, routine maintenance and repair of his fleet of boats has been carried out during normal daylight working hours on the existing open pier. Only in emergency situations has it been necessary to carry out repair work outwith these hours. On these rare occasions there have been no complaints of noise or nuisance from any adjacent or more distant properties. It is not our client’s intention to carry out any boat building, repair or maintenance work from the new premises on a commercial, or any other, basis for external clients. The proposed shed will solely be used for the maintenance and repair of our client’s own fleet of boats. This work will continue at the same level as in the past but work will be carried out internally.

An associated but much less onerous function for the proposed building will be the integral storage of much of the fishing gear and equipment currently stored externally on the pier itself and on other areas in the vicinity of the pier. In addition to addressing the ever tightening environmental legislation covering protection of equipment, this will improve security for our client’s gear and bring a general improvement to the appearance of the pier and adjacent storage areas operated by our client.”

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\1\5\AI00017511\2221WR040504SKP0.DOC 8

Page 83 Page 84

This page is intentionally left blank Page 85 Agenda Item 5f

DEVELOPMENT SERVICES Local Member - Councillor I Gillies PLANNING APPLICATION REPORT Date of Validity - 4th December 2003 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

1st June 2004

Reference Number: 03/02283/COU Applicants Name: Mr John Brackenbury Application Type: Change of Use Application Application Description: Alterations and Change of Use of Property to Class 7 Guesthouse Location: Land at Caolas Farm, Isle of Coll

SUPPLEMENTARY REPORT NO. 2

(A ) INTRODUCTION

Members will recall my original report dated 15th March 2004 and supplementary report dated 5th April 2004 in respect of the application, which was recommended for continuation at the Area Committee meeting on 5th May 2004 to allow for further details to be received from the applicant regarding the provision of a new septic tank and access issues.

With regard to the septic tank the applicant has provided the Council’s Public Protection Unit with details and they are satisfied that the tank will be of sufficient capacity to serve up to 18 persons.

In terms of commensurate road improvements the Council’s Area Roads Manager has indicated that he would be looking for car parking spaces available for use at the public road end, at a level of 1 space per 2.5 residents or guests.

The applicant has indicated that there is an informal parking area at the road end on land in the ownership of the RSPB. That area is presently used for visitors to the west of the island and by the residents in this area with the permission of the RSPB. This parking is on the ‘machair’ and provides for approximately 20 spaces. Given that the proposal is seeking to cater for 4 double bedrooms and a self-catering bothy, possibly 12 guests, 5 parking spaces would be required at peak times.

Accordingly, such provision is considered to be acceptable as commensurate improvements to access to the property given the circumstances in this particular instance.

As Members are aware the owner of the property has objected to the application and, it is understood, is seeking legal redress through the courts concerning the ‘developments’ that have been carried out to the property by the applicant (tenant). To that end further documentation is provided (appended to this report) from the owner for Members information concerning the background and present position regarding this matter.

(B ) RECOMMENDATION

In planning terms the application is considered to meet with the existing development plan policies and is recommended for approval.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283SUPP2JM05V040.DOC 1

Page 86

CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02283/COU

1. The permission, hereby granted, shall not provide for the erection of either the proposed new bothy or the new cottage located to the south west of the site as identified on the site plan (scale 1:200). No such development shall be carried out on the site without first obtaining planning permission on an application made to the Council, as the Planning Authority.

Reason: For the avoidance of doubt in that the above elements do not form part of this application and that insufficient detail has been provided in this application to allow for the full consideration of the material planning impacts of these buildings.

2. The self-catering residential unit, hereby approved, in the former bothy shall not be occupied by any person, family or group of people for any more than 3 months in any one calendar year.

Reason: To ensure that the self-catering unit does not become in permanent residential use in the interest of the areas amenities and in accordance with the use applied for.

3. The caravan, hereby approved, shall not be occupied by any person, family or group of people for any more than 3 months in any one calendar year and shall be removed from the site on or before 2nd June 2005.

Reason: In the interests of amenity and as caravans are not normally permitted in areas which have been designated as Sites of Special Scientific Interest.

4. Within three months of the date of this consent details of all external lighting to be used within the site or along its access shall be submitted to and approved in writing by the Council, as the Planning Authority. Such details shall include the precise location, type, angle of direction and wattage of each light, shall be of the minimum required and shall be so positioned, controlled and shrouded so as to prevent spillage of light and glare beyond the site boundary. Guidance issued by the institution of Lighting Engineers shall be followed in this respect.

Reason: In order to eliminate the potential for light nuisance and glare beyond the boundary of the site.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283SUPP2JM05V040.DOC 2

Page 87

NOTE TO APPLICANT RELATIVE TO APPLICATION 03/02283/COU

The Council’s Public Protection Unit has advised as follows:

It is indicated that all additional drainage will be served by the existing septic tank system. Accordingly, the tank shall be checked to ensure that it has adequate capacity to accommodate the additional drainage.

You are advised to contact them direct to discuss this matter:

Contact:

Senior Environmental Health Officer Legal & Protective Services Department Argyll and Bute Council Municipal Building Albany Street OBAN PA34 4AW

Tel: 01631 567900

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283SUPP2JM05V040.DOC 3

Page 88

This page is intentionally left blank Page 89 Page 90 Page 91

DEVELOPMENT SERVICES Local Member - Councillor I Gillies PLANNING APPLICATION REPORT Date of Validity - 4th December 2003 OBAN, LORN AND THE ISLES Committee Date - 7th April 2004

15th March 2004

(A) THE APPLICATION

Development Requiring Express Planning Permission.

• Material change of use of dwelling to mixed use as a dwelling and Bed and Breakfast use (Class 7) • Material change of use of dwelling to mixed use as a dwelling and restaurant facility for both Bed and Breakfast customers and public use (Class 3) • Material change of use of bothy to provide a self-catering unit (retrospective) (Class 9) • Erection of a single storey extension to self-catering unit to provide sun room (retrospective) • Erection of toilet and laundry building • Erection of double garage • Provision of a new private septic tank facility • Siting of caravan for the purposes of self-catering accommodation

NB/ The erection of a new cottage and bothy, shown on the plan, are future proposals and do not form a part of this application.

Other Specified Operations

• Connection to existing private water supply • Siting of caravan for temporary purposes of providing contractor accommodation

(B) RECOMMENDATION

It is recommended that the application be continued to allow for investigation of the septic tank capacity and access issues.

This application, in part, seeks to regularise an existing breach of planning control reported to the Area Committee at its meeting on 2nd October 2002. It was identified that a number of breaches of planning control had been committed on the site as well as a number of alleged breaches, that had not been found at that time, but that are now the subject of this application.

The Committee found that the alleged change of use to a bed and breakfast use was unfounded as the level of use claimed by the applicant was for 2 bedrooms in a 4 bedroom house, constituted ‘permitted development’. This application seeks the use of all four of the first floor bedrooms for bed and breakfast use, the applicant intends to use a ground floor room for his own accommodation. At present the premises are advertised as providing three bedrooms for letting purposes, in breach of planning control.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 1

Page 92

The alleged operation of the restaurant serving the public had ceased at that time of the October 2002 report to Committee. The applicant hereby requests the establishment of the restaurant for use by both bed and breakfast customers and the public.

However, the change of use of the bothy, attached to the dwelling house, for use as self-contained holiday let accommodation did require the benefit of planning permission. Accordingly, it was resolved by Committee that a retrospective application should be submitted in order to seek to regularise that breach of planning control.

As well as seeking to regularise the above matters this application also includes other development at the premises forming part of the overall scheme of farm diversification. The property is a one and a half storey dwelling located at the south western extremity of the island of Coll and serviced off an unmade and undefined track across the sand dunes of Crossapol Bay.

Existing Policy

The site of Caolas Farm lies within the Coll Machair Special Area of Conservation (Candidate) (SAC) and the wider Crossapol and Gunna Site of Special Scientific Interest (SSSI). As such the proposals have been assessed by Scottish Natural Heritage who have raised no objections to the proposal.

The site lies within the West Coll area of local landscape significance, as defined by policy RUR 1A of the Mull, Coll and Tiree Local Plan and accordingly any development would need to be considered against the criteria set out in policy RUR 2.

This development represents farm diversification and is primarily maintained with the existing buildings as well as the area of the existing farm steading. Accordingly, it is considered that the proposal would not constitute prominent or sporadic development within the area of local landscape significance.

The Council’s Caravan Policy states that caravans are not normally be permitted in areas which have been designated as Sites of Special Scientific Interest on account of their flora or fauna. Accordingly, it is proposed to condition the consent so as to allow the caravan to be occupied on the site for a period of one year only and then to be removed from the site.

Draft Policy

The Draft Argyll and Bute Local Plan provides policies that seek to promote development in support of farms (policy F1) and tourist accommodation development (policy T1). It is considered that this proposal, essentially for additional Bed and Breakfast accommodation and the provision of a small restaurant meets the principles of these policies.

The Head of Public Protection has advised that from a public health aspect the capacity of the septic tank should be checked in order to ensure that it can deal with the additional load, in this respect the applicant is being contacted to ensure that there is adequate capacity.

The site is served by a private access and given the intensification of use the provisions of Policy A4 is applicable. Whilst it is acceptable that the site be served by a private access the issue of proportionate improvements require to be investigated. The issue of access is currently being considered.

Accordingly, the proposal represents an acceptable form of agricultural diversification on this farming unit in accordance with development plan policy and subject to ensuring that the services and access issues can be satisfactorily addressed.

(D) CONCLUSION

Although partly in retrospect, this application is considered to represent an acceptable form of farm diversification development in this rural location on Coll and subject to investigating the road and septic tank issues the proposal is acceptable in principal.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 2

Page 93

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 3

Page 94

APPENDIX RELATIVE TO 03/02283/COU

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 7 Nature Conservation and Development Control

A) Development likely to have a significant effect on a Natura site will be subject to an appropriate assessment. The development will only be permitted where the assessment indicates that it will not adversely affect the integrity of the site, or, there are no alternative solutions and there are imperative reasons of overriding public interest.

B) On sites of national importance, SSSIs and NNRs, the development will only be permitted where it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area would not be compromised, or where any adverse impacts are clearly outweighed by social or economic benefits of national importance.

STRAT AC 1 Development in Support of Farms, Crofts and Estates

Subject to development being consistent with sustaining the key environmental features and the operational integrity of agricultural units, croft land and estate land, encouragement shall be given to:

A) Small scale residential, business and tourism-related development opportunities on farms, crofts and estates; there should be a focus on existing building, infill, rounding-off and redevelopment opportunities but more peripheral farm or estate locations may also prove acceptable subject to environmental assessments.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 4

Page 95

Draft Argyll and Bute Local Plan

F1 Development in Support of Farms, Crofts and Estates

B) Subject to development being consistent with sustaining the key environmental features and the operational integrity of agricultural units, croft land and estate land, encouragement shall be given to:

1. Small scale residential, business and tourism-related development opportunities along with appropriate renewable energy and telecommunication projects on farms, crofts and estates; *there should be a focus on existing building, infill, rounding-off and redevelopment opportunities but more peripheral farm or estate locations may also prove acceptable subject to environmental assessments. * - see policy note 1 (page 54)

2. Weight shall be given to ‘farm, croft or estate development programmes’** which provide supportive information to planning applications; this information may relate to: ** - see policy note 2&3 (page 54)

a) farm, croft or estate diversification proposals;

b) niche-marketing of Argyll and Bute quality products;

c) cropping, stocking, deer management, woodland planting and operational programmes;

d) the extent and distribution of land quality on farm or croft;

e) family and employment considerations.

C) The principle of agriculture-based development is supported by this plan; this is subject to the development, not having a significant adverse environmental access or servicing impact ## ## - see policy notes 6 & 7 (page 54)

T1 Presumptions in Favour and Against Tourist Accommodation Development

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

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

In the countryside

4. medium and large scale tourist and visitor building accommodation development within all the countryside zones and small scale development when located in open areas of the countryside around settlements and sensitive countryside.

5. small scale tourist and visitor building accommodation development in the greenbelt and very sensitive countryside, other than where using an existing building (allowing for subordinate extensions or such buildings).

C) Tourist accommodation, for which there is a presumption against under B) above, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 5

Page 96

A4 A and B Acceptance of private accesses A) Developments shall be served by roads (over which the public have the right of access) but allowing for private access arrangements which meet the following criteria: 1.. 2.. 3.. 4.. 5. private accesses serving commercial and institutional developments where the private access at no time serves more than 5 dwelling houses or 20 flatted units and the overall land use and development will not, in the view of the planning authority, generate significant levels of pedestrian or vehicular traffic from visiting members of the public.

Continuous improvement B) Private accesses shall have suitable layout, design dimension and construction to function effectively and safely. Where the development involves, directly or indirectly, increased use of and existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access condition will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access.

Mull, Coll and Tiree Local Plan

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

(d) Areas of local landscape significance: (v) West Coll;

RUR 2 Proposals for development in or affecting … areas of local landscape significance will require to be justified against the following criteria:

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

TOUR 4 The Council will allow for the development of additional self catering accommodation in the islands during the plan period … Preferred locations are:

(b) Coll

Council’s Caravan Policy

States (in part) that:

• Sites will not normally be permitted in areas which have been designated as Sites of Special Scientific Interest on account of their flora or fauna.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 6

Page 97

Previous enforcement investigation reported to Area Committee on 2nd October 2002.

(ii) Consultations

Response Date Comment Public Protection Unit 06.01.04 No objections subject to conditions Scottish Natural Heritage 16.01.04 No objections Highland & Island Airports Ltd 12.01.04 No objections NATS No response Area Roads Manager Awaiting response

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 7

Page 98

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land Closing Date: 22nd January 2004

Representations: Yes

Name Address Letter date Colin Kennedy Highland Corrie, Isle of Coll, PA78 6SY 07.01.04

Summary of points raised:

• As owner of the property he has not received the necessary notification of the submission of the application. Comments: The owner has been advised that the necessary notification was sent recorded delivery by the applicant and although he refused to accept that letter from the Post Office for the purposes of the planning regulations it is considered that the appropriate notification has been served. Notwithstanding the above, the objector is aware of the application and given this, it is not considered that he has been prejudiced.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\1\5\AI00017512\2283WRJM16III040.DOC 8

Page 99 Page 100

This page is intentionally left blank Page 101 Agenda Item 5g

DEVELOPMENT SERVICES Local Member - Councillor E Robertson PLANNING APPLICATION REPORT Date of Validity - 20th January 2004 OBAN, LORN AND THE ISLES Committee Date - 7th July 2004

17th June 2004

Reference Number: 04/00159/OUT Applicants Name: MacGregor Hotels Application Type: Outline Application Application Description: Site for the Erection of Two Dwelling Houses Location: Land to North of Lochnell Arms Hotel, North Connel.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of two dwelling houses (Outline)

• Formation of two vehicular accesses

Other Specified Operations

• Connection to public water main and public sewer

(B ) RECOMMENDATION

It is recommended that the application be continued to allow for resolution of the status of the access to the west of the site, the level of upgrade required by the Area Roads Manager and full consideration of the impact of the adjoining public house/hotel on the future amenity of the proposed dwellings.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site comprises an open grassed area just to the north of the Lochnell Arms Hotel car park. An access lies to the west with a commercial storage building beyond and it is proposed to take vehicular access to both dwelling houses from this access. There are public roads to the north, with residential development beyond and a similar situation to the east. The site lies within one of the areas within the Local Plan, Inset Map for North Connel (West), identified by Policy HO 22 as being suitable for new housing development. The proposal is therefore considered to be consistent with Policy HO 22 of the adopted Lorn Local Plan.

Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan

The site lies within an area identified as being within the settlement zone of North Connel, within which STRAT DC 1 and H 1 of the Draft Local Plan encourages small and medium scale development on appropriate infill, rounding off and redevelopment sites.

The existing housing within North Connel is a mix of modern building styles and is of relatively high density. It is proposed to erect two dwelling houses on an open area of land generally within the centre of the settlement and adjacent to the Lochnell Arms Hotel car park. The plot sizes are modest but the amenity area/garden areas comply with the Consultative Draft Local Plan guidelines in this respect and with the terms of SDD Circular 42/1980: ‘Daylighting and Space About Houses’.

It is considered that the proposed site represents a suitable opportunity for infill development, and is therefore consistent with Policy STRAT DC1 and H 1 of the Draft Local Plan. The density of the proposed development is considered to be in keeping with both Council and Government guidelines

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 1

Page 102

and is therefore consistent with Policy H 4 of the Draft Local Plan. However, given the close proximity of the proposed site to the hotel the provisions of policy E 3 of the Draft Local Plan apply, which seeks to prevent the introduction of new development into areas containing ‘bad neighbour’ type developments such as public houses and hotels. In this regard in order to ascertain the potential impact of the proximity of the houses to the public house/hotel (which might result in future complaints from those residents, concerning such issues as late night noise, lights etc from patrons leaving the hotel, etc.) an assessment has been requested from the Public Protection Unit.

Council Roads Policy A 4 of the Draft Local Plan

The proposed dwellings are to take vehicular access from an existing access that currently serves a total of six dwelling houses (four existing and two sites currently being developed, also by the same applicant) as well as the Lochnell Arms Hotel and car park. Policy A 4 of the draft Local Plan seeks to ensure that an existing access which is to be used to serve, or be extended to serve, up to 5 dwelling houses or, if greater, an additional 2 dwelling houses up to a maximum of 10 dwelling houses whichever is the greater is improve to a commensurate level. Further housing being served off an existing access is supported, in principle, where there are 4 houses at present (completed at the time of the adoption of the local plan for the area) this may be used or extended to serve 6 dwelling houses. Beyond this figure the private way, or an agreed section of it, should be brought up to a standard capable of adoption by the Council, as the Roads Authority. The current application seeks to raise the number of houses served by the existing private access further from six to eight, and thus it does not accord with terms or aims of Policy A 4.

The Area Roads Manager has objected to the application, as it is not consistent with the Roads Policy. The access would require to be brought up to an adoptable standard along the length of the frontage of the development site, to serve the additional two dwelling houses if the Roads Policy were to be complied with.

The applicant, through his agent, was informed of this situation and given the opportunity to amend the proposals to provide for an adoptable standard of road improvement along the site frontages with part of the Lochnell Arms Hotel car park (in the same ownership as the application site) providing a turning area. The applicant has suggested a level of improvements that he is willing to carry out to the existing access but these do not meet the standards for a road to be adopted by the Council, as the Roads Authority.

A further letter dated 10th June has been received from the applicants’ legal agent and this concerns the legal status of the access that would provide an access to the two plots. The agents “understand that the road remains the responsibility of the appropriate roads authority until such time as a stopping up order is granted. As such we consider that the roadway to the west of the Lochnell Arms Hotel is still a public road and if the Council wish this roadway improved, as a condition of granting our clients planning permission for the two new houses, it should be the responsibility of the Council to upgrade the road. It should not be the responsibility of the applicants to carry out improvements to a public road”.

The Area Roads Manager has responded that the access in question was not included in the ‘List of Highways’ that was inherited from Argyll County Council in 1975, and he does not, therefore, consider the road to be a public road.

Members should note that if the access serving the application site were deemed to be a private way, as in this case, with no public right of access then that part of the private way serving the application sites would require to be brought up to adoptable standards as a road in accordance with the Policy on Roads and Private Ways. If the access were deemed to be a private road, over which the public has a right of access, then the Planning Authority would seek improvements to the road commensurate with the scale of the development proposed. If the access were a public road then improvements commensurate with the scale of the development would be required as advised by the Area Roads Manager for the Roads Authority, to be carried out at the applicants expense.

At present the status of the access remains uncertain. Investigations are ongoing to attempt to reach a definitive conclusion.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 2

Page 103

Servicing and Infrastructure

The vehicular access issues have been outlined above. There are no other servicing difficulties since the site can be connected to the public water mains and sewers in the vicinity.

(D ) CONCLUSION

There remain a number of issues to be resolved before the application can be fully considered.

The Area Roads Manager has identified that the access is not one in the control of the Council, as the Roads Authority. However, it is considered that the actual status of the access has not been established at this time. Accordingly, consultation has been carried out with the Scottish Executive Trunk Roads Authority to established the facts following the change in circumstance when the existing road was constructed to the east of this part of North Connel. Equally, the details are required of the level of upgrade required to the access to allow its adoption by the Council. Finally, details are awaited from the Council’s Public Protection Unit with regard to an assessment of a ‘bad neighbour’ in reverse concerning the proximity of the proposed houses to the existing public house/hotel.

Accordingly, it is recommended that the application be continued to allow for resolution of these issues.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 3

Page 104

APPENDIX RELATIVE TO 04/00159/OUT

(A) POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan

STRAT DC 1 Development within the Settlements

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

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

E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

E 3 Bad Neighbour Development and Safeguarding Zones

Introducing new bad neighbour development

A) Development and associated land use shall not originate nor give rise to substantial bad neighbour impacts which are significantly injurious to, and incompatible with the continuing lawful use of existing neighbouring land and property. In appropriate cases, a development may be considered acceptable subject to a ‘cordon sanitaire’ or other protective zone or measure being placed around the development site by way of planning conditions, designation or agreement.

Introducing development into areas containing bad neighbour development

B) Development and associated land use shall not be located where significant bad neighbour environmental impact is likely to effect the proposed uses as a result of proximity to existing lawful and eventually incompatible land use.

C) Development and associated land use shall not prejudice the operational integrity of safeguarded land use and operations.

H 1 Housing Development

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

H 4 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 setting.

H 4 (Cont) B) Housing layout and designs which are judged by the planning authority to be of a low standard or ‘not good enough’ for the location and setting of the

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 4

Page 105

development will be resisted. Overly suburbanised 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.

A 4 Development, Roads and Private Accesses

Acceptance of private accesses

A) Developments shall be served by roads (over which the public have right of access) but allowing for private access arrangements which meet the following criteria:

3. the private accesses comprise an existing access which is to serve or be extended to serve up to 5 dwelling houses or an additional 2 dwelling houses up to a maximum of 10 dwelling houses whichever is the greater – see policy note 3 in the Annex (page 108).

Continuous improvement

C) Where development proposals will increase vehicular or pedestrian traffic significantly on substandard public approach roads, then developments will be required to contribute proportionately to improvements to an agreed section of the public road – see policy note 6 in the Annex (page 109).

Policy notes 3. Existing private access serving additional housing development to A 4 Under POL A 4 A) 3, further housing being served by existing# private accesses is supported in principle as set out below:

- an existing private access with 4 houses may be used or extended to serve 6 dwelling houses.

# - for the purposes of this plan, existing means completed at the time of the adoption of the local plan for the area.

Note: each flatted unit off the private access counts as one dwelling unit for the purposes of this policy.

6. Development contributions to public road improvements

Developments can expect to be required to contribute to improvements to a public road approaching a development site in the following circumstances;

a when, in the judgement of the planning and roads authority, the development, because of its projected traffic generation, is likely to result in unacceptable road safety conditions; and this will place unreasonable burdens on the roads authority to improve a significantly substandard road.

Policy notes b the improvements to the public road should be practical and proportionate to the to A 4 nature and scale of development proposed; account should be taken of existing traffic usage of the public road and its overall conditions; the principle of continuous improvement should be applied whereby the road conditions will have been improved after the development has taken place, notwithstanding the increased traffic.

c where public road improvements are considered necessary for a development to proceed, and these involve private land, then a formal planning agreement, under Section 75 or equivalent, may be appropriate before planning consent is issued.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 5

Page 106

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.

… North Connel/Black Crofts, ...

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.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

No relevant site history.

(ii) Consultations

Response Date Comment Area Roads Engineer 18.03.04 Recommends refusal. Scottish Environmental Protection Agency 15.03.04 No objections. Scottish Water 17.02.04 No objections West of Scotland Archaeology Service 18.02.04 No objections subject to conditions Community Council 05.03.04 No objections

(iii) Publicity and Representations

Advert Type: Article 9 – vacant land Closing Date: 26th February 2004

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\1\5\AI00017514\0159WRES1706040.DOC 6

Page 107 Page 108

This page is intentionally left blank Page 109 Agenda Item 5h

DEVELOPMENT SERVICES Local Member - Councillor R Banks PLANNING APPLICATION REPORT Date of Validity - 11th February 2004 OBAN, LORN AND THE ISLES Committee Date - 15th June 2004

11th June 2004

Reference Number: 04/00223/COU Applicants Name: J Kennedy & Partners Application Type: Change of Use Application Application Description: Change of Use of Former Laundry to form Residential Flat Location: 3 Back Combie Street, Oban.

SUPPLEMENTARY REPORT NO. 1

(A) INTRODUCTION

Members will recall my report dated 21st April 2004 in respect of this application which was considered at the Area Committee meeting on the 2nd June 2004. The application was continued by Members to allow the possibility of the relocation of the access ramp to be investigated.

The agent submitted amended plans on the 11th June 2004 which show the ramp relocated to the side of the building with an entrance doorway to the proposed flat on the rear elevation.

(B) RECOMMENDATION

The proposal is recommended for approval.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\1\5\AI00017515\0223SUPP1110404SKP0.DOC 1

Page 110

This page is intentionally left blank Page 111

DEVELOPMENT SERVICES Local Member - Councillor R Banks PLANNING APPLICATION REPORT Date of Validity - 11th February 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

21st April 2004

(A) THE APPLICATION

Development Requiring Express Planning Permission.

• Material change from Laundry use (Class 4) to Residential Flat (Class 9)

• Formation of an access ramp

(B) RECOMMENDATION

The proposal is recommended for approval.

It is proposed to convert the former laundry building on the ground floor of 3 Back Combie Street into a residential flat. This area is predominantly residential and it is likely that the property was originally a residential property. Minimal changes are proposed to the external appearance of the building.

The proposal raises no privacy, amenity or design issues.

In servicing terms the Area Roads Manager has advised that Back Combie Street is a not a public highway and is restricted to a footpath. There is restricted on street parking and this proposal would not represent an increase in existing parking demand in the area. (See appendix.)

(D) CONCLUSION

The proposal is considered to be consistent with development plan policy.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\1\5\AI00017515\0223WR080404SKP0.DOC 1

Page 112

APPENDIX RELATIVE TO 04/00223/COU

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 1 Encouragement shall be given subject to capacity assessments to development in the settlements as follows:

A) Within the Main Towns to development serving a wide community of interest, including large-scale development, on appropriate infill, rounding off and redevelopment sites.

D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements.

E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

Lorn Local Plan

HO 21 Within the settlements listed below the Council will encourage infill, rounding-off or redevelopment related to the existing built form:

Oban, …

Regard will be had to the principles set out in the Government’s Planning Advice Note 36. Proposals which do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse impact will normally be resisted. In addition, in Oban where development might affect archaeological remains an assessment of the impact may be required.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None

(ii) Consultations

Response Date Comment Area Roads Engineer 30/03/04 No objections Scottish Water 05/03/04 No objections West of Scotland Archaeology 10/03/04 No objections

(iii) Publicity and Representations

Advert Type: None

Representations: Yes

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\1\5\AI00017515\0223WR080404SKP0.DOC 2

Page 113

Name Address Letter date Chris Hayhunt & 5E Combie Lane, OBAN, PA34 4HL 2nd March 2004 Angela Castle

Summary of points raised:

• The proposed access ramp to the property will block vehicular access to No. 5 Back Combie Street which is currently used for loading and unloading. The applicant currently obtains access to the lane via Star Brae and his access will not be hindered by the proposal, unlike the properties beyond. Comments: The Area Roads Engineer has advised that Back Combie Street is not a public road. It is bollarded at the southern end. There was a bollard at the start of Star Brae to prevent vehicular access over Star Brae which is a footpath, not a road, however this was removed on a temporary basis to facilitate the development of the new flats and shops at Star Brae. The Area Roads Engineer has advised that there is no vehicular access over Star Brae (the only route to access Back Combie Street) and the bollard is being replaced at Star Brae to permanently restrict the unauthorised vehicular access which is currently taking place. In short, there is no authorised vehicular access to Back Combie Street, therefore the building of the ramp at the front of the proposed flat to provide for disabled access will not restrict lawful access.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\1\5\AI00017515\0223WR080404SKP0.DOC 3

Page 114

This page is intentionally left blank Page 115 Page 116

This page is intentionally left blank Page 117 Agenda Item 5i

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 25th March 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

5th May 2004

Reference Number: 04/00392/OUT Applicants Name: Ken and Elizabeth Lacy Application Type: Outline Application Application Description: Site for the erection of a dwelling house and stable Location: Land East of Acha Farm, Balvicar, Isle of Seil.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwelling house and store (indicative site layout submitted) • Erection of a stable, with covered walkway, for use ancillary to the enjoyment of the dwelling house (indicative site layout submitted). • Installation of a septic tank (no details submitted)

Other Specified Operations

• Connection to public water main • Formation of an access

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwelling house, with stores and domestic stable on a site of 2.2 acres of ground to the immediate east of the existing residential development at Acha, on the outskirts of Balvicar. There is another application for a dwelling house on the land to the immediate north of this current application, currently before Members for consideration (see Ref. N0. 04/00393/OUT).

Adopted Lorn Local Plan

The site lies within an area identified by Policy HO 20 of the Lorn Local Plan 2nd Alteration for new housing development. The principle of development is therefore consistent with the adopted Local Plan.

Planning Advice Note 36 Assessment

The site comprises relatively flat ground which features a raised mound to the immediate north of the site, between this site and another site, considered elsewhere in this agenda (Ref. No. 04/00393/OUT). To the immediate west of the site lies the modern, linear housing development known as Acha, comprising of seven houses between the public road and the private way and one dwelling house and the Small Paws Cattery to the north of the private way. The current proposal will introduce a dwelling house and ancillary domestic buildings into an area already developed for housing, rounding-off the development by providing low density development on the opposite side of the private way. The house and buildings are to be situated adjacent to the private way and the elevated ground to reflect the existing development and integrate the proposal by utilising existing landscape features. The position of the development in this location will also maintain the wide-open areas which separate the different clusters of development within this area of Seil. The proposal will not adversely affect the landscape character of this area.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 1

Page 118

Servicing and Infrastructure

The site is to be accessed via the existing private way at Acha, which currently serves eight dwelling houses. The Council’s ‘Interim Roads and Private Ways Policy’ (which is restated in Policy A 4 of the draft Argyll and Bute Local Plan) allows for the addition of two additional dwelling houses to be served off an existing private way, up to a maximum of ten. This proposed house, and the second house, applied for under planning application Ref. No. 04/00393/OUT, represent the two additional dwelling houses, and would take the number of houses served off this private way to the maximum allowed.

The Council’s Roads Policy also requires proportionate improvements to a private way over which usage is to be increased. In this particular instance the Area Roads Manager has recommended that a turning head be formed at the end of the private way. A condition is proposed to secure this improvement.

The proposed house is to be served by a septic tank and connection is to be made to the public water supply. No adverse comments have been received from the Statutory Consultees.

Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan

The draft Argyll and Bute Local Plan identifies this site as Countryside Around Settlements, within which encouragement is only given to development which accords with the settlement plan for the area, including small scale infill, rounding-off, redevelopment, and change of use proposals. The current proposal cannot realistically be considered as rounding-off of the existing built form, therefore this proposal does not conform with the settlement plan for Acha defined by the new Plan.

The Council’s Development Policy Unit has advised that that Lorn Local Plan 2nd Alteration designates the site as a Housing Allocation and as such the development of this site for housing conforms with the adopted Local Plan. The previous Housing Allocation status of the site was removed as it was felt that the site was not effective as it had not been developed for a considerable period of time. Given that an application for housing development has now been made it would appear that this assessment of effectiveness may have been made in error. On this basis the Development Policy Unit has advised they have no objection to the proposal being determined in accordance with the adopted Lorn Local Plan.

(D ) CONCLUSION

• The proposal is consistent with Policy HO 20 of the adopted Lorn Local Plan.

• The proposal is consistent with the guidance contained within Planning Advice Note 36.

• The proposal is consistent with the Council’s Interim Roads and Private Ways Policy.

• The proposal will not prejudice the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 2

Page 119

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00392/OUT

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 undermentioned 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; and (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 (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(a) above shall show a single or one and a half storey house, of local traditional design, which incorporates the following elements:

(i) predominantly rectangular shape with gable ends; (ii) a roof pitch of between 35 and 42 degrees; (iii) tradition ‘peaked’ roof dormer windows and porches shall be encouraged; (iv) exposed underbuilding of no more than 1 metre above finished ground level on any elevation; (v) the roof finished in natural slate or a good quality slate substitute; and (vi) the external walls finished in a white painted wet dash/smooth cement render or natural stone or a combination of both.

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

5. Any details pursuant to Condition 1(c) above shall show full details of a turning head to be provided at the end of the private access. Such details shall show the turning head designed in accordance with the Council’s Road Development Guidelines. Thereafter, prior to work starting on the construction of the dwelling house, the turning head shall be formed and laid out in accordance with the approved details, with the final surfacing laid prior to the first occupation of the dwelling house.

Reason: In the interests of road safety, in order to ensure commensurate road improvements proportionate to the scale of development.

6. Any details pursuant to Condition 1(a) above shall show full details of the on-site parking and turning facilities for vehicles. Such details shall show parking and turning for vehicles commensurate with the size of the property to be provided, i.e. one parking pace per bedroom. Thereafter, the parking and turning areas shall be provided in accordance with the approved details, and thereafter maintained in perpetuity, prior to the first occupation of the dwelling house hereby approved.

Reason: In the interests of road safety, in order to ensure adequate on-site parking and turning provision.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 3

Page 120

7. Any details pursuant to Condition 1(b) above shall provide full details of the scheme of hard and soft landscaping works. Details of the scheme shall include:

(i) location and design, including materials, of walls, fences and gates; (ii) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; and (iii) a programme for completion and subsequent on-going maintenance for a period of at least 10 years.

Reason: To ensure the implementation of a satisfactory scheme of landscaping.

8. Any details pursuant to Condition 1(d) above shall show full details of foul drainage arrangements to serve the site. Such details be designed in consultation with the Scottish Environmental Protection Agency and shall show a communal private system to serve both this plot and the house plot approved under planning application Ref. No. 04/00393/OUT, unless otherwise first agreed in writing with the Council, as the Planning Authority.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 4

Page 121

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00392/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 are no known sewers to which a connection may be made from the proposed development. Drainage will require to be treated by a septic tank or other suitable treatment system to the satisfaction of SEPA. It is advisable that any septic tank should be sited in such a manner as to allow easy access for emptying by tanker.

You are advised to contact them direct to discuss this matter

Contact:

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

Tel: 0845 601 8855

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 5

Page 122

APPENDIX RELATIVE TO 03/00392/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

A) Within the Countryside Around Settlements encouragements shall be given to development which accords with the settlements plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwelling houses on bareland crofts or single additional dwelling houses on individual crofts subject to consistency with STRAT AC 1C). In special cases, a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

Adopted Lorn Local Plan

HO 20 This area of 0.5 hectare or over is identified for private residential development. Regard will be had to the principles set out in the Government’s Planning Advice Note 36 when assessing development proposals.

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 above.

A 4 Development, Road and Private Accesses

A) Development shall be served by roads (over which the public have a right of access) but allowing for private access arrangements which meet the following criteria: 3. the private accesses comprise an existing access which is to serve or be extended to serve up to 5 dwelling houses or an additional 2 dwelling houses up to a maximum of 10 dwelling houses whichever is the greater. B) Private accesses shall have a suitable layout, design dimension and construction to function effectively and safely. Where the development involves, directly or indirectly, increased use of an existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access conditions will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 6

Page 123

Informal Council Policy

Roads and Private Ways As stated in Policy A4 of the Draft Argyll and Bute Local Plan.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

294/75: Erection of 12 dwelling houses: Refused 17th February 1976.

Other site history: Files missing.

(ii) Consultations

Response Date Comment Area Roads Engineer 20.4.04 No objections subject to conditions Scottish Environmental Protection Agency No response Scottish Water 6.4.04 No objections.

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land Advert Closing Date: 22nd April 2004

Representations: Yes

Name Address Letter date R K Stowe & J C 6 Acha, Balvicar, Isle of Seil, OBAN, PA34 4RJ 14.4.04 Stowe C S McKichan Hamnavoe, Acha, Balvicar, OBAN, PA34 4RJ 11.4.04 M A Willoughby Zanadu, Cuan Road, Balvicar, OBAN, PA34 4RA 11.4.04 Carole Finch Tigh a Ghlinne, Acha, Balvicar, OBAN, PA34 4RJ 18.4.04 Dr K Jones & Mrs P Ardlussa, Acha, Balvicar, OBAN, PA34 4RJ Recd Jones 19.4.04 Peter H Bissett An Corran, Acha, Balvicar, OBAN, PA34 4RJ 18.4.04 Mrs A P Bevis Braefoot Farm, Balvicar, Seil Island, OBAN, PA34 4RA 19.4.04

Summary of points raised:

• Concerns raised that stables, stores and arenas could end up being used for commercial use.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 7

Page 124

Comments: The proposal is for a dwelling house with stables, store and arena for domestic use. Any change to future commercial use would require further planning permissions.

• Concerns raised over the size of the dwelling house. Comments: The site is currently allocated for an estimated 10 dwelling houses. This, and the associated application for the plot to the north, comprise of two houses on the whole of the allocation. Therefore density of development will be largely reduced. Whilst the immediate houses are all single storey, single or one and a half storey development is generally considered appropriate in the Balvicar area.

• Concerns raised over road safety and the adequacy of the existing access to safely accept additional traffic. Comments: The Area Roads Manager has raised no objection to the proposal subject to some road improvements.

• Concerns raised over maintenance of the access. Comments: As the access track of a private way, the issue of maintenance is a private matter between all interested parties.

• Concerns raised over the sewerage treatment arrangements. Comments: There are no objections in principle to the use of a septic tank to serve the development. Full details of the type, location and method of outfall will be required as a reserved matter and will also be regulated by Building Control and possibly SEPA.

• Concerns raised over the capacity of the public water supply. Comments: Scottish Water has raised no objection to the proposal and has advised the applicant to consult with them directly on the details of the water supply connection.

• Concerns raised that the site is no longer identified for housing under the provisions of the draft Local Plan. Comments: The proposal is consistent with the adopted Lorn Local Plan and is not considered to prejudice the draft Local Plan (see my assessment).

• Concerns raised over the description of the proposed development. Comments: My department is content that adequate information has been submitted in respect of this outline planning application.

• Concerns raised over the detail of the application, whether it is for one or two dwelling houses. Comments: Confusion seems to have arisen as there are currently two applications with my department for consideration, this current application for one dwelling house and stable and an application of one dwelling house on a site to the immediate north of this current application.

• Concerns raised that a local farmer was not notified of the application. Comments: There is agricultural land adjacent to the proposed site. As there are no buildings on this land, the applicant has identified this as vacant land and the proposal has been advertised in the local press in accordance with Article 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\1\5\AI00017516\0392WR050504SKP0.DOC 8

Page 125 Page 126

This page is intentionally left blank Page 127 Agenda Item 5j

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 25th March 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

10th May 2004

Reference Number: 04/00393/OUT Applicants Name: Ken and Elizabeth Lacy Application Type: Outline Application Application Description: Site for the erection of a dwelling house Location: Land East of Acha Farm, Balvicar, Isle of Seil.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwelling house (indicative site layout submitted) • Installation of a septic tank (no details submitted)

Other Specified Operations

• Connection to public water main • Formation of an access

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwelling house on a site of 0.56 acres of ground to the immediate east of the existing residential development at Acha, on the outskirts of Balvicar. There is another application for a dwelling house and stable on the land to the immediate south of this current application, currently before Members for consideration (see Ref. No. 04/00392/OUT).

Adopted Lorn Local Plan

Planning Advice Note 36 Assessment

The site comprises relatively flat ground which features a raised mound to the immediate south of the site, between this site and another site, considered elsewhere in this agenda (Ref. No. 04/00392/OUT). To the immediate west of the site lies the modern, linear housing development known as Acha, comprising of seven houses between the public road and the private way and one dwelling house and the Small Paws Cattery to the north of the private way. The current proposal will introduce a dwelling house into an area already developed for housing, rounding-off the development by providing low density development on the opposite side of the private way. The house is to be situated adjacent to the private way, with the elevated ground to the south providing a backdrop to the existing development. This will help integrate the proposal by utilising existing landscape features. The position of the development in this location will also maintain the wide-open areas which separate the different clusters of development within this area of Seil. The proposal will not adversely affect the landscape character of this area.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 1

Page 128

Servicing and Infrastructure

The site is to be accessed via the existing private way at Acha, which currently serves eight dwelling houses. The Council’s ‘Interim Roads and Private Ways Policy’ (which is restated in Policy A 4 of the draft Argyll and Bute Local Plan) allows for the addition of two additional dwelling houses to be served off an existing private way, up to a maximum of ten. This proposed house, and the second house, applied for under planning application Ref. No. 04/00392/OUT, represent the two additional dwelling houses, and would take the number of houses served off this private way to the maximum allowed.

The Council’s Roads Policy also requires proportionate improvements to a private way over which usage is to be increased. In this particular instance the Area Roads Manager has recommended that a lay-by be formed at the entrance to the site. A condition is proposed to secure this improvement.

The proposed house is to be served by a septic tank and connection is to be made to the public water supply. No adverse comments have been received from the Statutory Consultees.

Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan

(D ) CONCLUSION

• The proposal is consistent with Policy HO 20 of the adopted Lorn Local Plan.

• The proposal is consistent with the guidance contained within Planning Advice Note 36.

• The proposal is consistent with the Council’s Interim Roads and Private Ways Policy.

• The proposal will not prejudice the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 2

Page 129

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00393/OUT

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

4. Any details pursuant to Condition 1(a) above shall show a single or one and a half storey house, of local traditional design, which incorporates the following elements:

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

5. Any details pursuant to Condition 1(c) above shall show full details of the proposed access onto the private way. Such details shall show the access designed in accordance with the Council’s Road Services Drawing No. NA/32/05/2a. Thereafter, prior to work starting on the construction of the dwelling house, the access shall be formed in accordance with the approved details, with the final surfacing, for the first five metres back from the edge of the private way, laid prior to the occupation of the dwelling house.

Reason: In the interests of road safety, in order to ensure commensurate road improvements proportionate to the scale of development.

Reason: In the interests of road safety, in order to ensure adequate on-site parking and turning provision. F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 3

Page 130

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 4

Page 131

7. Any details pursuant to Condition 1(b) above shall provide full details of the scheme of hard and soft landscaping works. Details of the scheme shall include:

Reason: To ensure the implementation of a satisfactory scheme of landscaping.

8. Any details pursuant to Condition 1(d) above shall show full details of foul drainage arrangements to serve the site. Such details be designed in consultation with the Scottish Environmental Protection Agency and shall show a communal private system to serve both this plot and the house plot approved under planning application Ref. No. 04/00392/OUT, unless otherwise first agreed in writing with the Council, as the Planning Authority.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 5

Page 132

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00393/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.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 6

Page 133

APPENDIX RELATIVE TO 03/00393/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

Adopted Lorn Local Plan

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 above.

A 4 Development, Road and Private Accesses

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 7

Page 134

Informal Council Policy

Roads and Private Ways As stated in Policy A4 of the Draft Argyll and Bute Local Plan.

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

294/75: Erection of 12 dwelling houses: Refused 17th February 1976.

Other site history: Files missing.

(ii) Consultations

Response Date Comment Area Roads Engineer 20.4.04 No objections subject to conditions Scottish Environmental Protection Agency No response Scottish Water 7.4.04 No objections.

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land Advert Closing Date: 22nd April 2004

Representations: Yes

Name Address Letter date R K Stowe & J C 6 Acha, Balvicar, Isle of Seil, OBAN, PA34 4RJ 14.4.04 Stowe Mrs A P Bevis Braefoot Farm, Balvicar, Seil Island, OBAN, PA34 4RA 19.4.04 M A Willoughby Zanadu, Cuan Road, Balvicar, OBAN, PA34 4RA 11.4.04 Carole Finch Tigh a Ghlinne, Acha, Balvicar, OBAN, PA34 4RJ 18.4.04 Dr K Jones & Mrs P Ardlussa, Acha, Balvicar, OBAN, PA34 4RJ Recd Jones 19.4.04 Peter H Bissett An Corran, Acha, Balvicar, OBAN, PA34 4RJ 18.4.04

Summary of points raised:

• Concerns raised that stables, stores and arenas could end up being used for commercial use. Comments: The proposal is for a dwelling house with stables, store and arena for domestic use. Any change to future commercial use would require further planning permissions.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 8

Page 135

• Concerns raised over maintenance of the access. Comments: As the access track of a private way, the issue of maintenance is a private matter between all interested parties.

• Concerns raised over the description of the proposed development. Comments: My department is content that adequate information has been submitted in respect of this outline planning application.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\1\5\AI00017517\0393WR050504SKP0.DOC 9

Page 136

This page is intentionally left blank Page 137 Page 138

This page is intentionally left blank Page 139 Agenda Item 5k

DEVELOPMENT SERVICES Local Member - Councillor D McIntosh PLANNING APPLICATION REPORT Date of Validity - 19th April 2004 OBAN, LORN AND THE ISLES Committee Date - 7th July 2004

3rd June 2004

Reference Number: 04/00690/OUT Applicants Name: Mr and Mrs G C Lyle Application Type: Outline Application Application Description: Site for the erection of two dwellinghouses Location: Land south east of Calgary, Lower Soroba, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of two dwellinghouses (indicative layout submitted).

Other Specified Operations.

• Formation of an access • Connection to public water main • Connection to public sewer

(B ) RECOMMENDATION

It is recommended that the application be continued to allow resolution of the remaining servicing issues, namely the foul drainage arrangements.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect two dwellinghouses (indicative details submitted) on an area of grassed, sloping land between the A816 and the Soroba Burn at Lower Soroba. The site is located to the immediate south east of the entrance to the Soroba House Hotel and is parallel to the A816, opposite existing dwellinghouses and the entrance to Drummore School.

Adopted Lorn Local Plan

The site lies within the settlement of Oban, as defined by the adopted Lorn Local Plan. Within the settlement the Local Plan, by virtue of Policy HO 21, encourages infill, rounding-off and redevelopment proposals for new housing which are related to the existing built form. The proposed sites are located within a built-up residential area adjacent to Soroba Road, and are reflective of the pattern of development within this area. The proposal is considered to be a suitable opportunity for infill development within the Oban settlement. Accordingly, the proposal is considered to be consistent with Policy HO 21 of the adopted Lorn Local Plan.

Servicing

The application form indicates that the proposal is to be connected to the public sewer. Concerns have been raised by both the public and the Council’s Public Protection Unit that there is not a public sewer in this location which could be connected to, due to the gradients involved. Concerns have also been raised that should the proposal require a septic tank to serve it, this would be unacceptable due to the amount of sewerage which currently discharges into the burn from the existing developments. The original consultation response from Scottish Water indicates there is a public sewerage system to which a connection could be made. In light of the conflicting information, further information has been sought from Scottish Water in this respect.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\1\5\AI00017518\0690WR030604SKP0.DOC 1

Page 140

Access

The application includes a letter from the applicants Solicitors that provides the legal view that the access serving Soroba House Hotel is a private road over which there is a public right of access. In this regard, the Council’s Informal Roads and Private Roads Policy allows for additional development off private roads providing proportional improvements are secured. Concerns have been raised by the public over the safety of the access where it joins with Soroba Road. The Area Roads Engineer has raised no objection to the proposal in terms of road safety subject to conditions seeking a passing place, parking and turning and information on the proposed excavation works to ensure Soroba Road will not be affected. The provision of the passing place and the parking and turning is achievable as the land required is within the applicant’s control. Soroba Road is no longer a trunk road, having been de-trunked a number of years ago.

Design and Amenity

It is proposed to erect two dwellinghouses (indicate layout submitted) on an area of sloping grass land at the entrance to the Soroba House Hotel. The site lies adjacent to the Soroba Road and is surrounded by houses on three sides. The site lies within Oban town boundary, where the density of development is high. This current proposal is inkeeping with the settlement pattern and density level of development in this area and, with appropriate design conditions, is considered to be acceptable. Concerns have been raised over the impact the proposals will have on the neighbouring properties. The indicative layout shows houses which are over 25 metres from the nearest conterminous windows on opposite properties. Minimum separation distances between opposing windows are defined by the former ‘Part L of the Building Regulations’, which has been transferred, as guidance, to Planning Control by virtue of Circular 42/80. For direct facing windows, such as the current situation, the minimum separation distance is identified as 18 metres. The proposed level of separation is therefore greater than the minimum distance.

Draft Argyll and Bute Local Plan.

The site lies within the settlement zone of Oban wherein Policies STRAT DC 1 and H1 supports infill and rounding-off development where there are no unacceptable environmental, servicing or access impacts. It is considered the proposal is consistent with the settlement pattern and density of development within Oban, and the Area Roads Engineer has raised no road safety concerns. The principle of the proposal is therefore considered to be consistent with the Draft Argyll and Bute Local Plan, subject however to the acceptable resolution of the outstanding issue of foul drainage arrangements.

(D ) CONCLUSION

Conflicting information has been received in respect of the availability of a public sewerage system to serve the development and concern has been raised over the alternative use of a septic tank to serve the development. Further information has been requested from Scottish Water in this regard. Subject to the acceptable resolution of the foul drainage issues the principle of the proposal is :

(i) consistent with Policy HO 21 of the adopted Lorn Local Plan. (ii) consistent with Policies STRAT DC 1, H 1 and A4 of the draft Argyll and Bute Local Plan

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\1\5\AI00017518\0690WR030604SKP0.DOC 2

Page 141

APPENDIX RELATIVE TO 04/00690/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

Adopted Lorn Local Plan

HO 21 Within the settlements listed below the Council will encourage infill, rounding-off or redevelopment related to the existing built form:

Oban, Achnacroish (Lismore), Balliemore (Kerrera), Bonawe, Bridge of Orchy, Clachan (Lismore), Connel, Cullipool, Dalavich, Dunbeg, Eredine, Lochawe, Kilmelford, Kilninver, North Cuan, Port Ramsay (Lismore), South Cuan and Toberonochy.

Draft Argyll and Bute Local Plan

STRAT DC 1 See Structure Plan Policy STRAT DC 1 above. H1 A) There is a presumption in favour of new housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves: In the settlements: 1. large scale housing development in small towns and villages and minor settlements.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\1\5\AI00017518\0690WR030604SKP0.DOC 3

Page 142

2. medium scale housing development in the minor settlements. A4 B) Private accesses shall have suitable layout, design, dimension and construction to function effectively and safely. Where development involves, directly or indirectly, increased use of an existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access condition will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Area Roads Engineer 27.5.04 No objection subject to conditions Scottish Environmental Protection Agency 11.6.04 No objections Scottish Water 26.4.04 No objections. Public Protection Unit 21.5.04 Concerns raised over foul drainage arrangements. Scottish Rights of Way and Access 22.4.04 Have advised there is a right of Society way in the vicinity of the development.

(iii) Publicity and Representations

Advert Type : Article 9 Vacant Land Advert Closing Date: 13.5.04

Representations : Yes

Name Address Letter date Mr and Mrs J Kermode Tynwald, Glenburn Place, Oban 23.4.04 PA34 4SB Callum and Emma MacLellan 2 Glenburn, Lower Soroba, Oban 22.4.04 PA34 4SB Tom MacKenzie Gleann Gorm, Lower Soroba, 30.4.04 Oban PA34 4SB Mr and Mrs H Gibb Calgary, Soroba Road, Oban 26.4.04 PA34 4JF

Summary of points raised:

• Concerns raised that the application states that connection will be made to the public sewer, however there is no public sewer. The application would require a septic tank and there are already problems with the septic tanks serving the hotel and chalets, i.e. smell and pollution of the burn. Comment : Further information has been requested from Scottish Water in this respect. • Concerns raised over impact on privacy of surrounding houses. Comment : it is considered, with appropriate conditions applied, that the proposed dwellinghouses will not have an adverse impact on the privacy of the surrounding houses. • Concerns raised over the safety of the vehicular access.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\1\5\AI00017518\0690WR030604SKP0.DOC 4

Page 143

Comment : The Area Roads Engineer has raised no objection to the proposal in terms of road safety. • Concerns raised over the loss of this green area and the impact the proposal will have on the birdlife and the loss of trees. Comment : The sites have no formal nature conservation designations and no trees are proposed to be felled as part of this development. • Concerns raised over the loss of view from houses opposite. Comment : Loss of individual view is not a material planning consideration.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\1\5\AI00017518\0690WR030604SKP0.DOC 5

Page 144

This page is intentionally left blank Page 145 Page 146

This page is intentionally left blank Page 147 Agenda Item 5l

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 4th May 2004 OBAN, LORN AND THE ISLES Committee Date - 7th July 2004

7th June 2004

Reference Number: 04/00812/OUT Applicants Name: Dennis Williams Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Land at Penlarach, Lerags, by Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwellinghouse (indicative house position submitted). • Installation of septic tank

Other Specified Operations.

• Connection to private water supply • Existing access to be used.

(B ) RECOMMENDATION

The proposal is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site lies within the Oban Catchment Area as defined by Policy HO 25 of the Lorn Local Plan 2nd Alteration. Policy HO 25 states that within the Catchment Area there will be a presumption against housing development except when it is infill, rounding-off or redevelopment related to the existing built form. The site loosely lies within a cluster of development comprising Penlarach, Millstone and Lag- na-keil chalets, however as the proposal is located slightly further away from the public road and at a slightly lower level the proposal does not strictly represent infill or rounding-off development and does not represent redevelopment due to the lack of any substantial existing buildings on the site.

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

Draft Argyll and Bute Local Plan

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

• PAN 36 Assessment

It is proposed to erect a dwellinghouse (no details submitted) within an area of wooded garden ground to the immediate north of the house and garage known as ‘Penlarach’ at Lerags. The existing buildings are on a similar level to the public road within the northern corner of the garden ground. The land features a strip of approximately 20 metres of land adjacent to public road which is fairly level, beyond which, in a south easterly direction the land gradually, then steeply falls away to the river. The site is contained within a wooded area, primarily larch, some of which is overly mature and would benefit from management. To the south west of the site there is a transition point in the landscape where the land opens out into sloping ground which descends towards the level of

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 1

Page 148

the head of the loch. It is considered that a new house on this site, which would be related to the existing settlement pattern, could be successfully integrated into the landscape, would not have an adverse impact on the landscape quality or any key environmental features within this area.

Other Material Considerations

• Servicing and Infrastructure

It is proposed to use the existing vehicular access serving the house known as ‘Penlarach’ to serve the proposed new dwellinghouse. Concerns have been raised by neighbouring properties over the safety of this access and the public road network in this location. The Area Roads Engineer has raised no objection to the proposal for an additional dwellinghouse within the garden area of ‘Penlarach’ subject to conditions requiring alterations to the access, the maintenance of visibility splays and the provision of parking and turning areas.

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

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

(D) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING

As there were only two letters of representation received on the proposal, it is considered that no hearing is required.

(E) JUSTIFICATION FOR MINOR DEPARTURE

Given the age of the current adopted Local Plan, and that the proposal is consistent with draft local plan policy in so far as the site is located within a Rural Opportunity Area and represents an appropriate form of small scale development in tune with the landscape and settlement pattern, there is a justification for a departure to adopted local plan policy.

(F ) CONCLUSION

• The proposal does not strictly represent infill, rounding-off or redevelopment and is therefore contrary to the adopted Lorn Local Plan.

• The site lies within a Rural Opportunity Area as defined by the Draft Argyll and Bute Local Plan. It is considered the proposal represents a suitable opportunity for small scale development related to the landscape and settlement pattern. The proposal is considered consistent with the Draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 2

Page 149

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00812/OUT

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

5. Any details pursuant to Condition 1(d) above shall show full details of the proposed water supply to serve the development. Such details should include a report, prepared by a suitably qualified person, in consultation with the Council’s Public Protection Unit. The report should indicate the suitability of the existing supply with regards to the quality and quantity of water available and include, in necessary, any methods needed to improve the supply. Thereafter, prior to the occupation of the dwellinghouse hereby approved, the house shall be connected to the private water supply and the necessary works carried out in accordance with the approved details.

Reason: In the interests of public health in order provide for an adequate water supply to serve the development.

6. Any details pursuant to Condition 1(c) above shall show the existing access junction with the Lerags public road altered in accordance with the Council’s Road Services drawing no. NA/32/05/2a; with the bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the existing carriageway edge; and with visibility splays of 60 metres to the south west and 48 metres to the north east, formed from a point 2.4 metres back from the edge of the public road, measured along the centreline of the proposed access. Prior to the commencement of works on site, these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height.

Reason: In the interests of road safety.

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

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

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

Cont./

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 3

Page 150

8. Any details pursuant to Condition 1(a) shall show full details of the on-site parking and turning facilities to serve the development. Such details shall show parking provision which is commensurate with the size of the dwellinghouse, i.e. for 1 bedroom, 2 spaces; 2 bedrooms, 3 spaces; 4 or more bedrooms, 4 spaces. Thereafter the parking and turning provision shall be formed in accordance with the approved details prior to the occupation of the dwellinghouse and thereafter maintained for that purpose in perpetuity.

Reason : In the interests of road safety in order to ensure adequate on-site parking and turning provision to serve the development.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 4

Page 151

APPENDIX RELATIVE TO 04/00812/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 4 A) Within Rural Opportunity Areas encouragement shall be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern; this may include small scale development in the open countryside as well as small scale infill, rounding-off, redevelopment and change of use building development.

Adopted Lorn Local Plan

HO 25 All proposals within the Oban Catchment Area will be assessed using the following criteria:

(a) Environmental Impact (b) Locational/operational need (c) Economic benefit (d) Infrastructure and servicing implications (e) Sterilisation of natural resources (f) Archaeological implications (g) Alternative policies and proposals contained in the local plan

Within the Catchment Area there will be a presumption against housing development except when it is infill, rounding off and redevelopment related to the existing built form. Proposals which encourage ribbon development will normally be resisted. Regard will be had to the principles set out in the Government’s Planning Advice Note 36.

Draft Argyll and Bute Local Plan

STRAT DC 4 See Structure Plan Policy STRAT DC 4 above.

H1 A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves:

In the countryside: 3. Large and medium scale housing development in all the countryside zones. 4. Small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 5

Page 152

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Area Roads Engineer 22.4.04 No objection subject to conditions Scottish Environmental Protection Agency No response Public Protection Unit 18.5.04 No objection subject to conditions

(iii) Publicity and Representations

Advert Type : Article 9 Advert and Potential Departure Advert Closing Date: 17.6.04 (overall) Representations : Yes

Name Address Letter date Ian MacKay Millstone House, Lerags, Oban PA34 4SE 17.5.04 Colin Mossman Lagnakeil Highland Lodges, Lerags, Oban 12.5.04 PA34 4SE

Summary of points raised:

• Observations raised regarding the naming of buildings on the Ordnance Survey plan. Comments : I can confirm that the property shown as Ben Cora on the plan is actually the house known as ‘Penlarach’ and the property shown as Penlarach is actually a garage. • Concerns raised regarding the safety of the access to and from the existing house and further concerns raised regarding additional traffic from the site. Comments : The Area Roads Engineer has raised no objection to the proposal, subject to conditions seeking improvements to the existing access and adequate parking and turning provision within the site to serve the new dwellinghouse. • Concerns raised over the legality of the right to the private water supply Comments : The legal issues over the water supply are not material planning considerations. The planning system is concerned with ensuring that the water supply is of adequate quantity and quality to serve the development and conditions are likely to be attached to any consent requiring connection to the water supply prior to the occupation of the house. The legal issues are private matters between the interested parties.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\1\5\AI00017519\0812WR070604SKP0.DOC 6

Page 153 Page 154

This page is intentionally left blank Page 155 Agenda Item 5m

DEVELOPMENT SERVICES Local Member - Councillor A. MacDougall PLANNING APPLICATION REPORT Date of Validity - 7th May 2004 OBAN, LORN AND THE ISLES Committee Date - 7th July 2004

25th June 2004

Reference Number: 04/00837/DET Applicants Name: 02 (UK) Limited Application Type: Detailed Application Application Description: Telecommunications Mast Site Share – 2.5 Metre Extension to Existing Mast and Installation of Additional Telecommunications Antenna. Location: Tobermory Telephone Exchange, Breadalbane Lane, Tobermory.

(A) THE APPLICATION

Development Requiring Express Planning Permission.

• 2.5 metre extension to existing telecommunication support mast.

Other Specified Operations

• Installation of additional telecommunications antenna and ancillary equipment cabin to allow site sharing by Vodafone.

(B) RECOMMENDATION

The proposal is recommended for approval.

It is proposed to extend the existing 12.5 metre radio telecommunications support tower by an additional 2.5 metres. This extension is to enable a second telecommunications operator (Vodafone) to site share the existing O2 (UK) Limited base station at the BT yard at Breadalbane Lane, Tobermory. An additional equipment cabin is also proposed.

The Scottish Executive advice contained in Planning Advice Note 62; “Radio Telecommunications”, states that, wherever possible, mast sharing should be encouraged so as to prevent proliferation of stand alone masts for each of the operational licence holders in each location.

Policy RT 1 of the draft Argyll and Bute Local Plan seeks to support the principle of extension to existing telecommunications structures where such development, by means of its scale and height, is not overbearing in a predominantly residential area. Although the site lies within a ‘special care location’ defined in the plan as; one within 50 metres of the curtilages of residential properties, it is considered that the relatively small scale level of development proposed meets the circumstance as set out in policy RT 1 C) in terms of its environmental impact and is, therefore, considered to be acceptable in planning terms.

The existing mast is sited behind the former telecom building and is not therefore unduly open to main public views. Accordingly, an increase of 2.5 metres is considered to be acceptable in this particular instance.

The advice from the National Radiological Protection Board on such development is that no link has been established between this type of RF transmissions and adverse effects to human health. However, the NRPB does suggest that a precautionary approach be adopted and that all such antennae must comply with the current International Commission on Non-Ionising Radiation Protection standards for RF transmission. These antennae have been issued with a valid ICNIRP certificate confirming compliance with the relevant standards.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 1

Page 156

The Scottish Executive has concluded that this is sufficient for Planning Authorities to accept the health and safety implications of such development proposed. This application has the appropriate ICNIRP design declaration and, therefore, public health is not an issue of concern in this instance.

(D) CONCLUSION

The proposal represents a site sharing between telecommunications operators and complies with the Council’s development plan policies for radio telecommunications development.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 2

Page 157

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00837/DET

1. Standard

Reason: Standard

2. Within six months of the date that the mast or other apparatus become obsolete or redundant they shall be removed and the site shall be reinstated to its original condition.

Reason: To minimise the level of visual intrusion, and ensure the reinstatement of the site in the interest of amenity.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 3

Page 158

APPENDIX RELATIVE TO 04/00837/DET

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 1 Encouragement shall be given subject to capacity assessments to development in the settlements as follows:

B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported.

D) Developments which do not accord with this policy are those outwith B) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements.

E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

Draft Argyll and Bute Local Plan

RT 1 Radio Telecommunication Development

A) There shall be support in principle for the following categories of development of radio telecommunications development:

1. alteration, extension and replacement of existing telecommunications buildings and structures together with ancillary access, engineering and utility works.

Such development shall avoid adverse environmental impact – see policy notes 1 in the Annex (page 157).

B) Other than in exceptional circumstances there shall be resistance to:

1. contentious categories of radio telecommunication development as set out in Schedule RT 3; this includes development in the ‘special care locations’ identified in Schedule RT 1.

C) Telecommunications development covered by B) above may be supported in exceptional circumstances if the proposal demonstrates the following:

1. there is no alternative operationally acceptable and less intrusive site available for the development and 2. there is a locational need for the development to be sited on or in close vicinity to the proposed site based on operational necessity in delivering national radio telecommunication policy or in satisfying reasonable local community, commercial or customer aspirations and 3. the visual impact of the development will be minimised and will not have a significant adverse impact on key features of the built and historic environment, the landscape or nature conservation interests and 4. the proposal conforms with international guidelines on public exposure to radio frequency radiation.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 4

Page 159

Government Advice/Guidance

PAN 62 Radio Telecommunications

Mast Sharing

44. The conditions in code system operators’ licences require them to explore the possibility of sharing an existing radio site. Evidence of this should accompany planning applications. Mast sharing will often enable quicker and cheaper installation and in some cases the additional equipment will be permitted development.

45. In some situations adding antennas to an existing mast may have less impact than an additional mast. However, in other circumstances sharing masts can result in larger more visually intrusive installations. Smaller installations spread throughout an area may have less impact. Alternatives to mast sharing will be preferable where additional antennas would lead to undue clutter, detract from the aesthetics of the existing installation, or increase mast height to an unacceptable level.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

99/00593/GDCON – No objection was raised to a consultative application for the installation of a 12.5 metre high support tower and associated radio telecommunications equipment on a site to the rear of the former telephone exchange at Breadalbane Lane, Tobermory, under Class 67 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

(ii) Consultations

Response Date Comment Public Protection Unit 9th June 2004 No objections.

(iii) Publicity and Representations

Advert Type: None Closing Date: N/A

Representations: Yes

Name Address Letter date Mrs Margaret MacKinnon Staffa Cottages, Tobermory, ISLE OF MULL, 7th May 2004 PA75 6PL. Steven Cordingly Tigh an Allt, Breadalbane Lane, Tobermory, Rec’d ISLE OF MULL, PA75 6QP. 11th May 2004 Angus J Milne AN-Teallach, Breadalbane Lane, Tobermory, 10th May 2004 ISLE OF MULL, PA75 6QP. J & J MacKay Torridon, Tobermory, ISLE OF MULL, Rec’d PA75 6PY. 25th May 2004

Summary of points raised:

• The existing mast was erected without seeking the opinions of any local residents. Comments: The mast was considered in full compliance with the appropriate legislation at the time.

• Protest groups against such masts on the television show that the majority of the population are not in favour of having them close to their homes and I most certainly do not want one beside me. Comments: The application falls to be determined on the basis of material planning considerations. This application has been assessed against the Council’s policies on radio telecommunications development and found to be acceptable.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 5

Page 160

• The mast and associated equipment poses a risk to health and is situated too close to housing. Comments: Provided that a planning application is accompanied by a declaration that the equipment and installation is designed in full compliance with the appropriate ICNIRP guidelines for public exposure to radio frequency radiation, then the Scottish Executive has concluded that this is sufficient for Planning Authorities to accept the health and safety implications of such development proposed. This current application has the appropriate ICNIRP design declaration and, therefore, public health is not an issue of concern in this instance.

• The existing BT yard is in an untidy state. Comments: This is not relevant to the consideration of this planning application.

• The access road leading to the yard is in a bad state of repair and has no lighting. Comments: The proposed mast share will generate very limited additional traffic to the site.

• The existing mast is directly in the view of some houses blocking their view of the bay. Comments: The loss of individual view is not a material planning consideration.

• There must be more suitable places for the mast away from residential areas, probably the Glengorm Mast outside the town. Comments: The Council has a duty to assess each application, as submitted, on its own merits. Localised coverage.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\7\5\AI00017576\0837WR25VI04JM0.DOC 6

Page 161 Page 162

This page is intentionally left blank Page 163 Agenda Item 5n

ARGYLL AND BUTE COUNCIL ALL AREA COMMITTEES

DEVELOPMENT SERVICES

REPORT ON BUILDING CONTROL PERFORMANCE MONITORING AND SERVICE PLAN PROGRESS COUNCIL WIDE AND DECENTRALISED AREA TEAMS FOR 2003/4.

FROM HEAD OF PLANNING

1. SUMMARY

1.1 This paper outlines Building Control performance with respect to processing building warrant and completion certificate applications in accordance with the requirements of Audit Scotland, for the financial year 2003/4, detailed in Appendix 1,

1.2 The paper also compares and contrasts the performance of the Council’s four devolved area offices, gives the overall average for the period and lists the targets.

1.3 In accordance with the Council’s Performance Management and Planning reporting framework this paper provides an update on service plan commitments/action plans and customer feedback reviews for Building Control

2. RECOMMENDATION

2.1 Members note the content of the report.

2.2 Members note progress on service plan commitments and stakeholder consultations.

3. BACKGROUND

3.1 Members are aware that performance indicators were first introduced for Building Control in financial year 1997/98.

3.2 For financial year 2002/3 Audit Scotland changed the basis of the performance indicators to better reflect percentage achievement within Building Control authorities as set out in Appendix 1. 3.3 The following table shows the Council’s performance against the Audit Scotland targets and, by area, the number of building warrant and completion certificate applications received and issued and the appropriate percentages responded to and issued within the 15, 6 and 3-day periods required by Audit Scotland.

3.4 Applications and subsequent warrants can be for single units or can relate to multiple house developments of 50 or 60 units of several different house types.

3.5 Applications have increased across the Authority by some 21% on last year and some 32% on 2000/1 taken as a base year

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 164

AREA TEAM COMPARATIVE PERFORMANCES 01/04/03 TO 31/03/04 Area No. of Warrants No. of Completions % Age response Average days response to % Age issue % Age issue Received/Issued Received/Issued within 15 days Completion Certificates within 6 days within 3 days Bute & Cowal 490 409 191 191 87.65% 1.92 94.87% 84.29% Helensburgh/ 496 328 237 237 62.11% 3.30 87.5% 92.83% Lomond Mid Argyll 567 405 298 298 93.47% 1.39 97.53% 88.59% Kintyre/Islay Oban, Lorn & 568 421 283 283 87.32% 5.60 90.02% 93.64% Isles All 2121 1563 1009 1009 83.79% 3.12 92.71% 90.19%

Target 85% 3 85% 85%

3.6 Appendix 1 to this report sets the requirements of the Scottish Executive and Audit Scotland and clearly defines meanings for the actions and times. Although there is no specified number of days for a response to a completion certificate by Audit Scotland there has been considerable tightening of the definition to the detriment of an Authority such as Argyll and Bute, which operates over large areas and distances. Rounding the average figure to the nearest whole number of days results in 3 days, which meets the Council target, set last year.

3.6.1 Bute and Cowal area office exceeded the 85% target of responding meaningfully to applications for Building Warrants within 15 days. The average number of days to respond to an application for Completion Certificates was better than target. The target for issue of a Building Warrant within 6 days of obtaining all necessary information to allow determination was also improved. The percentage of completion certificates issued within 3 days shows an improvement over last year but it falls marginally below the Council target figure due mainly to the logistics of mail deliveries to an island sub-office. Warrant application numbers processed increased 25.9% in number with an estimated cost of works of £11.51 million.

3.6.2 Helensburgh and Lomond area office failed to meet the 85% target of responding meaningfully to applications for Building Warrants within 15 days. The main reason being the large number of multiple plot housing applications which require site inspections, drain tests and final inspections before the issue of completion certificates. When sites are being inspected plan assessment in the office suffers detriment. The average number of days to respond to an application for completion certificate is above last years figure, again, probably due to managing an increased inspection workload. The achievement of a figure in excess of both Council and Audit Scotland targets for percentage issue of warrants reflects what could be achieved if all necessary information is provided with the application. Warrant application numbers processed increased 8.5% in number on last year with an estimated cost of works of £18.9 million.

3.6.3 Mid Argyll, Kintyre and Islay offices in Ardrishaig and Campbeltown have exceeded all targets despite staffing difficulties, which have now been resolved by the appointment of a replacement building control officer in the Campbeltown office. Site inspections have been limited to “essential only” in order to tackle the back-log of warrant applications which have increased in numbers processed by 29% on last year with an estimated cost of works of £30 million.

3.6.4 Oban, Lorn and the Isles area has exceeded the target of 85% of meaningful responses to applications for Building Warrants within 15 days and issue of warrants within 6 days. The average number of days to respond to an application for Completion Certificate is higher than other areas due to a combination of staff shortages and logistics over a mixed mainland and island area combined with a need to maintain turnaround times on applications for

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 165

warrant and undertaking “essential only” inspections. Warrant application numbers processed increased 21% on last year with an estimated cost of works of £18.29 million.

3.7 The all areas average for Argyll and Bute shows returns acceptably above target requirements for both percentage issue of warrants within 6 days after all necessary information has been provided and for the percentage issue of completion certificates within 3 days. The Council target of 85% of applications responded to within 15 days has not been achieved due to a combination of increased application numbers, logistics and staffing resources, but the Audit Scotland target of 80% has been achieved. 3.8 Warrant application numbers for the financial year totalled 2121 an increase of 21% on last year with a total “estimated cost of works of £78.76 million.

3.9 The national performance figures required by Audit Scotland show only part of the story and therefore broad interpretation masks the diversity of the offices, areas, travelling, inspection regimes and staffing resources.

4 SERVICE PLAN PROGRESS AND STAKEHOLDER CONSULTATION

4.1 In the current service plan there are four main items for attention by Building Control, as follows: -

4.2 Implementation of Uniform 7 Spatial – The ongoing move to version 7 of the software for Building Control undertaken as part of a larger Council wide plan has now been completed.

4.3 Electronic Delivery of Building Control Services – Building control weekly application lists are now available on the Council’s web page as are application forms in a downloadable format which simplifies the process for those with access to the “net”. A bid has been made for MGF3 funding to enable “on-line” applications for building warrant

4.4 Greater Involvement in Section 23 Licensing Certificates - A consultation paper has been submitted to Legal Services with a view to submission to the Licensing Boards following agreement. – There has been no further progress on this matter

4.5 Although it was initially intended to promote further Customer User Group Forums throughout the various areas these have been deferred until after greater clarification of the proposed changes resulting from the implementation of the Building (Scotland) Act 2003 and consequent “Procedures” and “Fees” regulations currently under consultation.

5. CONCLUSION

5.1 Availability of appropriate staff resources at all and every stage of warrant and completion certificate processing is essential to meeting both statutory performance targets and customer satisfaction. Overall the service is performing to the targets set by Audit Scotland.

6. IMPLICATIONS

Policy In accordance with “Best Value” objectives

Financial: “Further improvement is” dependant on resources

Personnel: Additional building control resources will be required if members desire further reduction in processing times and to better regulate the

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 166

outcomes from the four area offices. Additional resources will allow for the better management of periods of staff vacancy.

Equal Opportunity: None

Angus Gilmour Head of Planning

14.06.02 ACW/BC For further information contact: Gary Wilson, Building Control Manager.

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 167

Appendix 1

Building Warrant and Completion Certificate Applications Indicator 1: Building warrants and completion certificates. a) The percentage of requests for a building warrant responded to within 15 days. b) The average time taken to respond to a request for a completion certificate. c) The percentage of building warrants issued (or otherwise determined) within 6 days. d) The percentage of completion certificates issued (or otherwise determined) within 3 days.

Definitions The Scottish Executive has set national targets for the times to deal with building warrants and completion certificates. The new national targets are that: • 80% of applications for building warrants should be responded to within 15 days • the time to respond to a request for a completion certificate will continue to be the average time (working days). • 80% of building warrants should be issued within 6 days 80% of completion certificates should be issued within 3 days. (Part a) The time to respond to a request for a warrant is the period from receipt of a valid application by the council to the date of response to the applicant, which may include: • issuing or refusing the warrant (warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should be recorded under this part of the indicator with the first response being the date of issue of the warrant. Part c) of the indicator has been amended to reflect this). • informing the applicant of statutory requirements not met in the initial application (i.e. the council, having carried out a full technical/procedural appraisal of the proposals will only then inform the applicant of all reasons why a building warrant cannot be issued). An acknowledgement letter or some other form of holding letter should not be used for the purposes of this part of indicator. The indicator measures the performance of the service not merely the administrative function, the service relates to the notification of the results of a full technical/procedural appraisal of the initial valid application. A valid application is defined as an application which is accompanied by plans and the prescribed fee. (Part b) The time to respond to a request for a certificate of completion or an authorisation of temporary occupation/use is the period from receipt of a formal application (form BA8) together with a duly completed Compliance Certificate for Electrical Installation (form BA9), if appropriate, to the date of an inspection being carried out to determine whether or not a completion certificate can be issued. A letter to the applicant requesting access does not count , however, in exceptional circumstances where sites are inaccessible or where properties are empty, a telephone call, calling card left or letter requesting access would be deemed as an authority’s first response. Final inspections carried out (prior to receiving the prescribed application form and or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against part d) of the indicator. (Part c) The time for issuing a warrant is the period from receipt by the council of all necessary information following notification to the applicant of reasons why a building warrant cannot be issued, together with an application which meets the requirements of the Building (Scotland) Act 1959, to the date of issue of the warrant. Where a building warrant application is accompanied by an application for a relaxation, the time to issue the warrant remains as stated in the definition. It is recognised that the period from receipt by the council of all necessary information will be the date following the statutory 14 day (approximately 10 working day) draft period which is allowed for representation.

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 168

Warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should not be recorded because they will have already been recorded at part a) of the indicator. (Part d) The time for issuing a completion certificate or an authorisation of temporary occupation/use is the period from the date when the council is satisfied that the building work has been completed in accordance with the approved warrant as far as can be reasonably ascertained, and the council are in receipt of the prescribed application forms which meets the requirement of the Building (Scotland) Act 1959 to the date the completion certificate or an authorisation of temporary occupation/use is issued. Final inspections carried out (prior to receiving the prescribed application form and/or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against this part of the indicator. The time for issuing the certificate is the period from the receipt of the prescribed application forms which meets the requirements of the Building (Scotland) Act 1959 to the date the certificate of completion or an authorisation of temporary occupation /use is issued. Reporting Period Where the determination of an application for warrant or certificate of completion does not fall wholly within a reporting period, the information relating to that warrant application should be included in the reporting year in which the application is granted or otherwise determined. All periods should be measured in working days (excludes public holidays). ‘Building warrants’ is the total number of warrants issued or applications otherwise determined (i.e. includes withdrawn or refused applications) in the reporting year. ‘Certificates’ is the total number of temporary and final certificates of completion issued or otherwise determined in the reporting year. Temporary completion certificates should be counted for each occasion application received. Source Building control records. Interpretation The extent to which councils prepare guidance to applicants on any deficiencies with any application for a building warrant following its submission may influence the time taken to respond to an application. In accordance with Building (Procedures) (Scotland) Regulations 1981 as amended, councils are required to either issue the completion certificate or notify the applicant of the reasons for not doing so, within a statutory 14-day (appox.10 working day) period of receipt of an application for a certificate.

f:\moderngov\data\agendaitemdocs\0\2\5\ai00017520\annualperformancereport20034committeedraftfinal0.doc Page 169 Agenda Item 5o

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

2nd June 2004 DEVELOPMENT SERVICES HITRIANS Windfall Funding Future Programme Area Strategy Projects

1. SUMMARY

The purpose of this paper is to advise members of the offer of a further tranche of money from the Executive to the HITRANS Transportation partnership for implementation of the partnerships’ transportation strategies, and to ask the Area Committee to prepare a list of transportation projects to a value of £500,000 which will inform the Council’s bid for funding from HITRANS for future funding opportunities as they become available.

2. RECOMMENDATION

That the Oban, Lorn and the Isles Area Committee:

2.1. Note the list of HITRANS projects which has been reviewed and agreed by the Policy Development Group on Scotland’s Transport, and subsequently the SPC, for the current year.

2.2. Prepare a list of transportation projects to a value of £500,000 which meet the Area Strategy objectives. This list will be considered by the Strategic Policy Committee at a future meeting and will form the basis of an overall Council Transportation Project List which will be used to create Council bids for funding through HITRANS and WESTRANS, given the strong likelihood of further monies coming from this source in the future.

3. BACKGROUND

3.1. Argyll and Bute Council has benefited from its membership of HITRANS and Westrans by receiving a share of Scottish Executive funding allocated to Regional Transport Partnerships over the last three years. The total benefit to date is approximately £1.225m.

3.2. The HITRANS Partnership has developed an extensive list of Transportation ‘future projects’ covering their area relating to public transport enhancement, prepared in co-operation with the member authorities, which conform to the strategic objectives set out in that Partnership’s Regional Transport Strategy.

F:\moderngov\Data\AgendaItemDocs\1\2\5\AI00017521\HiTransreport0.doc 1 of 2 29 June 2004 Page 170

3.3. It is recognised that there may be projects which are desirable at local level which may not be on the ‘future projects’ list. In order to better inform that list, therefore, Area Committees are asked to prepare their own lists, based on the Area strategy within the Council’s Corporate Plan, from which the SPC may prioritise projects for submission to HITRANS and WESTRANS. The partnerships will then be able to assess these projects against their criteria for inclusion in funding allocations.

3.4. In order to give a feel for the type of projects which are meeting the HITRANS criteria and in time the developing Westrans criteria, a list of categories with very approximate estimated costs is included as an appendix to the paper, along with a few locations, which would benefit. This list should be taken as being indicative of the type of project which may attract support from the partnerships in future funding opportunities.

4. IMPLICATIONS

Policy Meets the Council’s accessibility objectives Financial Costs of subsequently agreed projects are likely to be met through Partnership funding allocated to Regional Transport Partnerships (HITRANS/Westrans) Personnel Officer time required for project preparation Equal Opps None Legal None

For further details please contact Blair Fletcher at 01546 604190

Dave Duthie Head of Transportation and Infrastructure

01546 604689 [email protected]

14 May 2004

F:\moderngov\Data\AgendaItemDocs\1\2\5\AI00017521\HiTransreport0.doc 2 of 2 29 June 2004 HITRANS - PUBLIC TRANSPORT PROJECTS - SCOTTISH EXECUTIVE 2004/05 ALLOCATION - AGREED BY STRATEGIC POLICY COMMITTEE 6 MAY 2004

THEME AUTHORITY LOCATION DESCRIPTION COST COMMENTS Accessibility HC Uig Pier Low Floor Bus £81,000.00 CNES long term desire. Replace existing standard minibus. Price based on Optare Solo. Accessibility AB Tiree Low Floor Bus £62,000.00 To provide an accessible service in Tiree. Price based on Optare Alero. Accessibility AB Cowal and Bute Low Floor Bus £81,000.00 Price Based on Optare Solo. Accessibility CNES Stornoway Low Floor Bus £114,000.00 Price based on a Volvo B7RLE (available ex stock). Accessibility Moray TBA Low Floor Buses £150,000.00 Funding to operators for the introduction of low floor buses. Cycling HC Evanton - Alness or Cradlehall Cycle Path £50,000.00 - Retail Park Safety HC Muir of Ord Station Park and Ride Schemes £40,000.00 Include CCTV, waiting shelter refurbishment, improved lighting, landscaping, designated station car parking and possibly CIS. Information HC/Moray Elgin and Inverness Traffic Model £33,000.00 Information HC and Moray Elgin to Inverness Corridor Scoping Study £25,000.00 Information All TBA New bus stop flags/poles £30,000.00 The flags should advertise the new Traveline SMS information service. This will mean people can get

information on services departing from their stop. Page 171 Information All Routes To Ferry Ports Advance signing of ferry £10,000.00 Advance signing of ferry ports. This should be similar to ports. the signing provided for the Superfast Ferries service from Rosyth to Zeebrugge. Information AB/HC/Moray Inverness to Buckie and/or RTIS Trial £100,000.00 A trial of a real time information system to ascertain its Glasgow to Campbeltown benefits. Infrastructure HC Inverness Bus Priority £47,000.00 Bus priority measures at traffic lights. Infrastructure HC/Moray/SIC Elgin (& urban Moray as Low Floor Boarding £45,000.00 Introduce raised kerbs at locations where low floor bus identified), Inverness, Lerwick Platforms operation is well established. Infrastructure Moray Elgin Park and Ride £10,000.00 investigation and trial Infrastructure HC Fort William Travel Centre £90,000.00 Creation of staffed travel centre within Fort William railway station where information on ferries, coaches and buses is available. Infrastructure Moray/NA TBA 10 No. HITRANS Shelters £60,000.00 Infrastructure AB Iona Ferry Terminal Building £66,000.00 Provide a passenger waiting facility at the ferry terminal to accommodate the high passenger volumes travelling to Iona. Ferry capacity of 250. Infrastructure OIC Kirkwall Airport Covered Walkway £120,000.00 HIAL support for this project has already been given. Infrastructure SIC A970 Sumburgh to Lerwick Bus bays £25,000.00 Infrastructure SIC Ferry Terminal Locations Automatic Lighting £10,000.00 Improve security and passenger safety. Infrastructure SIC Grutness Ferry Terminal Ferry Waiting Room £30,000.00 Replace temporary portacabin. Infrastructure SIC Toft and Ulsta Ferry Terminals Passenger Shelters £6,000.00 Improve passenger facilities. Infrastructure SIC Shetland Ferries Terminals Improve Facilities £60,000.00 Improve passenger facilities. TOTAL: £1,345,000.00 Page 172

This page is intentionally left blank Page 173 Agenda Item 5p

ARGYLL & BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE

DEVELOPMENT SERVICES 7th July 2004

THE GAELIC RING

1. SUMMARY

1.1. An informal meeting took place in Oban during the week of last year’s Royal National Mod festival, involving some of the members of the Oban, Lorn and the Isles Area Committee and the Western Isles Council, at which matters of joint interest were discussed.

1.2. Among the items of mutual interest raised was the concept of creating a tourism marketing initiative which could be called ‘The Gaelic Ring’ which would be aimed at linking the Gaelic-speaking areas of the Western Seaboard of the mainland with the Argyll and Highland islands and the Hebridean chain of the Western Isles. The links would be physical (transportation links) and cultural (themes – music/dance/heritage etc), and could be promoted in the first instance by local partnerships assembling programmes of events which could be accessed using journeys within the existing Caledonian MacBrayne Network, not dissimilar to CalMac’s ‘Island Hopscotch’ travel packages.

1.3 The Gaelic Ring should be a carefully constructed tourism marketing effort developed through partnership working between Argyll & Bute Council, The Highland Council, Western Isles Council, the respective Area Tourist Boards, the HIE Network and Caledonian MacBrayne.

2. Recommendation

2.1. That the Oban, Lorn and the Isles Area Committee supports the development of the ‘Hebridean Gaelic Ring’ (Cearcall na Gaidhlig) initiative, and

2.2. That the Director of Development Services be authorised to co-ordinate and develop the concept in conjunction with other appropriate agencies and in close co-operation with the corresponding agencies in the Highland Council area and the Western Isles.

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc Page 1 of 829/06/2004 Page 174

3. Background

3.1. There are excellent existing trunk road links between the Central Belt and the main Argyll towns, giving journey times from Glasgow to Mid Argyll in under two hours, and to Oban in two hours 30 minutes. These routes take the visitor through breathtaking coastal landscapes, with a backdrop of mountain and glen and pass through sites of unparalleled historical and archaeological significance.

3.2. Oban, well named as the ‘Gateway to the Isles’, is a primary transport interchange with bus and train termini and ferry services to the inner islands of Mull, Iona, Lismore, Colonsay, Tiree and Coll and the outer islands of Barra and South Uist. Oban itself is a popular tourist centre, being second only to Edinburgh for the number of tourist enquiries in Scotland. The sites to see in the area include the Garvellach Islands, (the Isles of the Sea) haunt of sea eagles and other fascinating wildlife, Ardnamurchan point, the most westerly mainland point in the UK, “Balamory”, or Tobermory as it is known in real life, the Corryvreckan whirlpool, many famous lighthouses such as Skerryvore and Dubh Artach, ancient castles including Dunstaffnage, where the ‘Stone of Destiny’ resided for some time, and much more.

3.3. The introduction of the CalMac ferries on the Sound of Harris and the Sound of Barra has provided the opportunity for increased travel choices to link the Gaelic speaking areas of Argyll and Bute and Highland Council areas, with the Hebridean chain of the Western Isles. Other routes in the Caledonian MacBrayne network to the Inner Hebrides continue to improve in service levels and frequencies, such that increasing opportunities for island travel are available.

3.4. In addition, last year saw the completion of the fixed links programme of major infrastructure to provide a spinal route through the Western Isles, with South Uist linked to Benbecula, North Uist and Bernera. Other ferries link to Skye, Harris and Lewis. It is possible, therefore to access the islands from Oban or Ullapool on the mainland, or by the Skye bridge and ferry from Uig. It is evident that there are many permutations for visitors to visit the various islands, all providing much diverse interest with many having magnificent sandy beaches. The weather, however cannot be guaranteed, a fact which possibly gives the area some of its charm! This has provided a significant improvement in the journey options for visitors and locals alike when travelling to the mainland ports.

3.5. Recent years have also seen a significant increase in the number and type of special, cultural events taking place at different locations and at different times throughout the area and this taken together with the improving travel links, presents the opportunity to provide a multi-layered framework of activities,

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 2 of 8 29 June 2004 Page 175

interests and travel options, bound together by the Gaelic tradition, which could all be captured as a tourism promotion under the umbrella of a "Hebridean Gaelic Ring" initiative.

4. Concept of Gaelic Rings

4.1. The advent of the Spinal Route has also provided the opportunity to create rings of ‘participation’ for visitors who may wish to visit cultural events or other activities in a number of locations by connecting areas in Argyll, Highland Region and the Western Isles that have a strong Gaelic language and cultural heritage. As can be seen from the indicative map attached to this report, a number of existing ‘rings’ can be drawn, joining centres which have connecting transport arrangements. It would be possible also to identify rings connecting locations with similar events or activities, and promote the concept under the banner of ‘Cearcall na Gaidhlig’/ Hebridean Gaelic Ring

4.2. The potential visitor seeking information on the ‘Hebridean Gaelic Ring’ could then choose from a menu of layers of interest or layers of route options

4.3. An initial list of ‘layers of interest’ is attached in Appendix 1 and an indicative list of route options in enclosed in Appendix 2 . 4.4. The route options could be developed by the individual to suit available time and budget and would include a multi-modal combination of air, sea, road and rail options.

4.5. The concept might be developed along similar lines to the Ring of Kerry, in the Republic of Ireland.

5. Internet Capability

5.1. The concept lends itself well to promotion via the world-wide web where potential visitors from around the world could access the ‘Hebridean Gaelic Ring’ web site and determine the ‘Hebridean Gaelic Ring’ experience of their choice. Thereafter, with the creation of suitable links, accommodation, travel and function or venue tickets could be arranged, thus allowing the visitor to design and implement their own, unique, Hebridean Gaelic Ring experience.

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 3 of 8 29 June 2004 Page 176

6. Opportunities for Other Links

6.1. The opportunity exists following the development of the Hebridean Gaelic Ring to link into other initiatives such as the Columba Initiative. This would enable further Gaelic links to be fostered with Ireland

. 6.2. It would also be possible to link the Hebridean Gaelic Ring to such attractions as the West Highland Way and the proposed Kintyre Long Distance Footpath, thereby provide an overall experience similar in concept to that of the ‘Western Trail’ in Vancouver Island, Canada.

6.3. The proposal could, in the first instance, be developed through the Community Planning Partnership in Argyll and Bute and in conjunction with the appropriate corresponding agencies in the Western Isles and Highland areas.

7. Implications

Policy The development of tourism opportunities will help to sustain fragile communities

Financial Development work will be met from within existing budgets

Equal Opportunities None

Personnel None

Legal None

For further details please contact Blair Fletcher, Transportation Manager at 01546 604190

Dave Duthie Head of Transportation and Infrastructure 01546 604689 [email protected] 11 June 2004

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 4 of 8 29 June 2004 Page 177

Appendix 1

Layers of Activities and Interests

Although not intended to be exhaustive, the following list provides some examples of the types of activities and interests which could be considered by the traveller wishing to create their own personalised Gaelic Ring experience.

Gaelic speaking centres/ courses Arts and Cultural Events Heritage and genealogical interest Music Festivals and workshops Outdoor Trails and walks Cycling routes Historic Walks and Archaeology Wildlife and Natural History Architecture – housing types Maritime History, Boat building and traditional sailing. Food and Accommodation Crafts and Tweeds Religious establishments and Events Cruising in small craft Distillery visits

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 5 of 8 29 June 2004 Page 178

Appendix 2

Sample Route Choices

Road Links

All mainland Argyll and Highland ports are readily accessible from the trunk/strategic road network, eg Glasgow to Oban,(A82. A85) Kennacraig (A82/A83), Mallaig (A82/A830), Skye (A82/A87) and Ullapool (A 835)

Spinal Route Sea rings

Oban – Tiree – Castlebay - Eriskay – Spinal route – Stornoway – Ullapool

Oban – Castlebay – Eriskay– Lochboisdale – Oban

Oban – Castlebay – South Uist - Benbecula – Lochmaddy – Uig - Armadale – Mallaig

Uig - Lochmaddy – Bereray - Spinal Route – Tarbert – Uig

Mallaig – Small Isles– Uig – Lochmaddy – Spinal Route – Tarbert –Uig – Skyebridge

Kennacraig – Islay – Jura – Colonsay - Oban and on to Western Isles

Oban – Mull – Iona – Staffa - return to Oban

Oban – Coll – Tiree – Oban

Oban – Mull – Ardnamurchan –(Kilchoan) – Mallaig – Armadale (Skye)

Oban – Mull – Morvern (Lochaline) – Corran Ferry – Fort William

Mallaig – Skye – on to Outer Hebrides

Other Sea Routes could be developed taking in the other islands and the Kintyre and Ardnamurchan peninsulas, using links at Tarbert and Lochaline as mainland embarkation points.

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 6 of 8 29 June 2004 Page 179

Air Links

London – Glasgow – Barra – Spinal Route Options– Stornoway – Inverness – London

Glasgow – Barra – Spinal route – Stornoway – Glasgow, or start Edinburgh.

Other links could be developed using airports at Islay, Tiree, Campbeltown and Benbecula, but the issue for the Argyll islands is that the current services operate radially from Glasgow. The advent of a hub at Oban, which is presently being actively considered, would add greatly to the opportunities available.

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 7 of 8 29 June 2004 Page 180

Appendix 3 - Events – Not Comprehensive Listing

March Lorn Drama Festival Mid Argyll Music Festival

April Oban and Lorn Strathspey and Reel Society annual concert Oban Argyll Drama Festival, Ardrishaig.

May Highlands and Islands Music and Dance Festival - Oban Scottish Sailing Series, Tarbert, Loch Fyne Scottish 3 Peaks Race (Sailing/ Fell running) Islay Whisky Festival Glens of Antrim Festival Ionad Chaluim Chille events, Islay and Ireland (N and S)

June Oban and District Provincial Mod Kilmore Highland Games Islay Provincial Mod Ardnamurchan Provincial Mod

July Clyde Cruising Club Tobermory Race/ Whisky Cruise Oban Saints Football Tournament

August Lorn Agricultural Show Taynuilt Highland Games Mull Highland Games Mid Argyll Agricultural show Appin Agricultural show West Highland Yachting week, Oban Shinty Leagues Argyllshire Gathering and Oban Games Cowal Games, Dunoon

September Mull Provincial Mod Tarbert Music Festival Campbeltown Music Festival Mid Argyll Provincial Mod

October Royal National Mod (2004 Perth, 2005 Western Isles, 2006 Dunoon)

F:\moderngov\Data\AgendaItemDocs\2\2\5\AI00017522\GaelicRingOLIpaper0.doc 8 of 8 29 June 2004 Page 181

Gaelic Ring - Indicative Routes

Stornoway

Ullapool

Lochmaddy Uig

Kyle of Lochalsh Portree

Lochboisdale

Mallaig Castlebay

Tiree Tobermory

Mull OBAN

Jura Tarbert Islay

Port Ellen

Campbeltown

Ballycastle

Page 182

This page is intentionally left blank Page 183 Agenda Item 6a

ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE OPERATIONAL SERVICES WEDNESDAY 7 JULY 2004

ROADS CAPITAL RECONSTRUCTION PROGRAMME

1 SUMMARY

This report asks the Committee to approve the proposed reconstruction/resurfacing programme.

2 RECOMMENDATION

2.1 That the Committee approve the programme in 3.2 below.

3. BACKGROUND

3.1 With in the capital budget, this Area has been allocated £140,700 for reconstruction and £93,600 for additional reconstruction. This gives a total of £234,300 to carry out reconstruction and resurfacing works in 2004-05.

3.2 My proposals for using this funding are detailed below:

Road Location Proposal Est Cost £ A849 Craignure to Salen (Part) Structural overlay on this 54,000 strategic route to protect previous investment. The carriageway is rutting and potholing B8073 Dervaig to Torloisk Road End Resurfacing of road which 30,000 is badly breaking up in sections with potholing, rutting and fretting U74 Corran Brae, Oban Deep patching, resurfacing 150,300 and local kerb repairs to heavily used bus route and school access which exhibits severe rutting

3.3 These proposals were reported to the Strategic Policy Group who have decided that Area Committees should approve the Area Programmes.

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125

Page 184

This page is intentionally left blank Page 185 Agenda Item 6b

ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES OPERATIONAL SERVICES AREA COMMITTEE

IMPROVEMENT TO EXISTING PLAY AREAS PHASE TWO

1. SUMMARY

1.1 The second phase of the project to improve existing play areas under Argyll and Bute Council ownership and operation is scheduled for completion during financial year 2004/ 2005.members attention is drawn to the proposal which cover replacement of equipment , improvement to access to sites and fencing.

2. RECOMMENDATIONS

2.1 Members support proposals made for spend of revenue and capital allocation. Appendix One

3. BACKGROUND

3.1 An ongoing programme of upgrading and refurbishing of existing play areas is being delivered over a 3 year period. Survey work has identified some areas of deficit, this is coupled with requests from elected members and public.

4. CONCLUSION

4.1 Improvements to play space increase the play value of sites and help to ensure that sites are safe for use.

5. IMPLICATIONS

Policy: None

Financial: None

Personnel: None

Equal Opportunity: None Page 186

For further information contact: Alison McIlroy, Horticultural Services Technical Officer

Telephone 01546 604605

LIST OF BACKGROUND PAPERS:

15 June 2004

Appendix One Table of improvement works.

Total Allocation £21039.67** Site Proposed works Timescale Cost Notes Macaig Road Soroba Install 1st phase of £17500.00 Cost based on estimate Oban equipment and safety for previous similar surfacing(equipment works. previously purchased with grant from SIPS) Dalmally Play Area Set up partnership Award during £2000.00 Assumes that group do working group with 2004/2005 not lease site and

established group and ownership is retained Page 187 provide support and by Argyll and Bute funding. Council as per policy agreed at SPC June 2004. Signage for play areas £1539.00 Health and Safety Requirement Revenue Funding

**Capital £14750 Revenue £6289

Page 188

This page is intentionally left blank Page 189 Agenda Item 6c

ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE OPERATIONAL SERVICES 7 JULY 2004

TRAFFIC CONGESTION ON A816 OBAN

1. This report discusses traffic congestion in Combie Street and Soroba Road which form part of the A816 in Oban.

2. RECOMMENDATIONS

2.1 That the Committee authorise the expenditure of up to £4,000 from the parking surplus to employ a traffic signal specialist to assess the benefits and installation cost of a linked system as detailed in 4.3 below.

3. BACKGROUND

3.1 There has been significant congestion on the A816 north bound through Oban with queues northbound at peak times extending from Lynn Road to Glengallan Road and from Argyll Square to the Coop supermarket.

3.2 It has been suggested that the traffic signals at the Soroba Road/Lynn Road junction contribute to queues. These signals are due to be upgraded with a control system which deals better with the considerable fluctuations in traffic flows. However at busy times this would merely allow north bound vehicles to join the traffic queue in Combie Street more quickly - they would not reach Argyll Square any sooner. What may be of benefit is for the new control system to be linked to the existing pelican crossings in Combie Street and Argyll Square. Linked lights could also be installed at the High School entrance improving safety of students and reducing congestion caused by school bus drivers stopping traffic to let each other in and out.

3.3 The underlying reason for congestion on this road is the volume of traffic. The design capacity for a road of this nature is about 1100 vehicles per hour. Traffic counts in July and August have shown that this figure is exceeded by 10% or more for six or seven hours each day. In these circumstances I would expect traffic flow to be unstable ie. queues would rapidly form due to any one of a number of causes and would just as rapidly disperse when flow reduces. This is in fact what is observed on the ground. The main cause is conflict with traffic going round Argyll Square.

3.4 The high traffic figures are related to the major developments constructed on the south side of Oban. This reinforces the case for an Oban Development Road.

3.5 Traffic figures show that around 30% of the peak northbound flow turns left into Lochavullin. A filter lane has been proposed for this manoeuvre. However the benefit may be limited as the figures also suggest that half of the turning vehicles merely do so in order to rejoin the A816 at Market Street and effectively “jump the queue” of slow moving vehicles tailing back from Argyll Square. Such a scheme would be expensive, would involve land acquisition and would be premature until decisions on the details of the development road are made.

Page 190

3.6 Other measures which could be taken to reduce delays on the A816 can be split into two categories. Their effectiveness would require to be tested in a traffic modelling exercise. The two categories are:

3.6.1 Traffic management measures such as sealing the Market Street junction with Combie Street or restricting it to buses only. At present 30% of traffic entering Argyll Square from Combie Street comes out of this junction. Sealing the junction would therefore speed movement of queues on the A816 north of Lynn Road but would probably transfer the delays to the Lynn Road/Soroba Road junction. Other traffic management approaches could delete parking bays in Argyll Square to improve functioning of the roundabout.

3.6.2 Action could be taken to reduce the number of cars entering the town centre by reducing the supply of central parking. This would require a balancing increase in outer parking, preferably at Lochavullin and Longsdale car parks which have insufficient capacity at present. This is likely to be unpopular and would not affect traffic flows resulting from developments such as Tesco, the Co-operative, Homebase and the Glenshellach Development.

4 CONCLUSION

4.1 The Council should promote the construction of an Oban Development Road as the principle means of reducing congestion on the A85/A816 route throughout Oban.

4.2 The Council should seek to increase parking at the north and south entrances in order to reduce the flow of traffic to the town centre.

4.3 New traffic lights at the High School entrance and Glencruitten Road junction linked to the signals at Lynn Road may improve flows and should be investigated to allow them to be included with the new installation at Lynn Road. The investigation should also consider linking with the pelican crossings and traffic signal control at the junction with Glencruitten Road.

4.4 Unless a significant reduction can be made in traffic using Soroba Road and Combie Street congestion on this route will not be eliminated.

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125

Page 191 Agenda Item 6d

ARGYLL AND BUTE COUNCIL OBAN LORN AND THE ISLES OPERATIONAL SERVICES AREA COMMITTEE 7th JULY 2004

OBAN FORESHORE

1. SUMMARY

1.1 There has been longstanding concern regarding the adequacy of shoreline cleaning in Oban.

1.2 This report outlines current proposals which should help reduce frequency of beach littering and lead to a cleaner environment for visitors and residents.

2. RECOMMENDATIONS

2.1 Members note the content of this report.

3. BACKGROUND

3.1 Marine littering has recently been recognised as a national problem and authorities are investigating efficient and cost effective ways of dealing with this issue.

3.2 In Oban, Amenity Services staff have traditionally been allocated to beach cleaning duties on an “as needed” basis and more recently, during 2002/03 when sand was placed beside Stafford Street Slip, money was allocated to allow additional cleaning to take place. This additional money from the Area Committee is not yet available this financial year.

3.3 However, this is the final year of European funding available for street cleaning improvements as agreed at a previous Area Committee and we can divert some of this to beach cleaning. (It must be noted that diversion of funding to the beach reduces the allocation available for street cleaning improvements).

3.4 Currently the shore (areas between the Alexandra Hotel and the Railway Pier) receives attention of up two ours each day from a street sweeper and this has a positive effect on reducing the amount of debris in this area. Certainly more is required but we need to balance the requirements of town centre cleanliness, which is a vital performance indicator for the service with additional non-statutory work, which may be desirable but Page 192

for which there is no or little budget.

3.5 Taking account of the very limited resource availability, officers have recently entered into discussion with a number of local organisations to seek their involvement with beach cleaning and other related work in the town. To this end we are hopeful of having agreements in place soon which will further enhance the shore and some town centre areas at little cost to the council.

3.6 There have been sporadic cleaning operations involving the Community Resource Team and local volunteers who clear the beach at no cost to the council. The last of these took place around the beginning of June.

3.7 It is common in other areas eg (Mull, Tiree, Ardchattan, Appin) for the local community or schools to do this work themselves, albeit with some assistance from the council and it is this approach we seek to expand in Oban.

4. CONCLUSION

4.1 The current beach cleaning regime will continue and officers will continue to explore increasing the output standards involving community groups, at little or no cost to the council.

5. IMPLICATIONS

Policy: None

Financial: Any costs associated with beach cleaning will impact on Roads & Amenity Services budgets

Personnel: None

Equal Opportunity: None

For further information Iain Welsh Tel: 01631 562125 contact: Project Manager Roads & Amenity Services

LIST OF BACKGROUND PAPERS: NONE

Iain Welsh 24th June 2004 Page 193 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 194

This page is intentionally left blank Page 195 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8b of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 198

This page is intentionally left blank Page 199 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 10a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 200

This page is intentionally left blank Page 201 NOT FOR PUBLICATION by virtue of paragraph(s) 6, 9 Agenda Item 11a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 202

This page is intentionally left blank