Argyll and Bute Council Development Services

Delegated or Committee Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ______

Reference No : 13/01501/PP

Planning Hierarchy : Local Development

Applicant : Mr David Winter, Aweside Developments Ltd

Proposal : Relocation of existing Plots 22 and 24 to new Plots 4a and 8, additional new Plots 5a, 18a and 37 and repositioning of chalets on Plots 17 and 18

Site Address : Dalavich Chalet Park, Dalavich, Argyll and Bute ______

DECISION ROUTE

Local Government Scotland Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Relocation of existing Plots 22 and 24 to new Plots 4a and 8; • Additional new Plots 5a, 18a and 37; • Repositioning of proposed chalets on Plots 17 and 18; • Construction of 14 on-site vehicular parking spaces and associated turning arrangements.

(ii) Other specified operations

• Use of an existing private water supply; • Use of an existing communal private sewage treatment plant; • New tree planting. ______

(B) RECOMMENDATION:

Having due regard to the Argyll and Bute Development Plan and all other material planning considerations, including the masterplan submitted for PDA 5/115, it is recommended that planning permission be granted subject to:

i) the prior conclusion of a Section 75 legal agreement preventing the implementation of permission for cabins on Plots 22 and 24 as previously approved under 06/01640/DET;

ii) a discretionary local hearing being held in view of the third party representations received;

iii) the conditions and reasons appended to this Report of Handling. ______

(C) HISTORY:

On-site

06/01640/DET – erection of 28 holiday chalets – application approved 17 th November 2006.

12/02578/PP – amended chalet position of Plot 2, relocation and amended chalet design of Plots 22 and 24 (previously approved under planning permission 06/01640/DET) to new Plots 2a and 4a, and erect additional new Plots 5a and 37 – application withdrawn 10 th July 2013.

On land adjacent to the application site

12/02033/PP – formation of a play park – application approved 23 rd November 2012.

12/02044/PP – formation of a play park – application approved 23 rd November 2012.

12/02661/PP – erection of 6 chalets with associated landscaping – application withdrawn 10 th July 2013. ______

(D) CONSULTATIONS:

Area Roads Officer (response received 25 th July 2013) – no objection.

Avich and Kilchrenan Community Council (response received 22 nd August 2013) - object to the proposed development as it contravenes and exceeds the original detailed planning permission 06/01640/DET which was granted for the erection of 28 holiday chalets within Dalavich Chalet Park and, the proposal does not conform with the site surveys and Environmental Impact Assessment which were carried out at that time. Furthermore, the erection of chalets alongside the C30 public road will change the natural and built environment of the local area and visually extend the impacts of the development. The site will no longer be well screened. Chalets will affect existing dwellinghouses by privacy and light pollution.

Horticultural Officer (response received 6 th September 2013) – no objection subject to a condition.

Outdoor Access Team (response received 10 th September 2013) – no objection.

Public Protection Unit (response received 21 st August 2013) – no objection subject to a condition.

Scottish Environment Protection Agency (response received 29 th July 2013) – no objection.

Scottish Natural Heritage (response received 17 th July 2013) – no objection subject to a condition.

Scottish Water (response received 31 st July 2013) – no objection (consulted in error) ______

(E) PUBLICITY:

‘Regulation 20 – Advert Local Application’ from the 25 th July to the 15 th August 2013. ______

(F) REPRESENTATIONS:

19 objections have been received from the following parties;

• Mr D. Simpson, 9 Park Road, Greystoke, Penrith, CA11 0UF (e-mail received 15.07.2013). • Mr M. Hamilton, 1 Kilvaree, Connel, Argyll and Bute, PA37 1RN (e-mail received 24.07.2013). • Mr A. Blades, 12 Hill Top Court, North Cowton, Northallerton, DL7 0HU (2 separate e-mails received 31.07.2013 and 12.08.2013). • Mrs R. Harrison, 44 Margaret Road, Darfield, Barnsley, S73 9QF (e-mail received 30.07.2013). • Mr K. Nield, 6 Charleston Grove, Great Sankey, Warrington, WA5 1ZL (2 separate e-mails received 31.07.2013, further email received 02/10/13). • Mr M. Nicholls, 3 Newmills Avenue, Balerno, Edinburgh, EH14 5SZ (e-mail received 31.07.2013). • Mrs A. Fleming, 3 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 01.08.2013). • Mrs G. Stolton, 22 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (letter received 25.08.2013). • Mr P. Hamilton, Cabin 8a Dalavich Chalet Park, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 15.08.2013). • Mr A. Richmond, 5 Geils Avenue, Dumbarton, G82 2QJ (e-mail received 15.08.2013). • Mrs S. Clark, 11 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mrs D. Graham, 4 Turf Meadow, Loveclough, Rossendale, BB4 8FE (e-mail received 14.08.2013). • Mrs J. Hamilton, Cabin 24, 8 and 29 Dalavich Chalet Park, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 15.08.2013). • Mrs E. Foy, 21 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mr J. Fleming, 32 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mrs I. McClounnan, Druimdarroch, Dalavich, Taynuilt, Argyll and Bute, PA35 1HL (e-mail received 13.08.2013). • Mrs J. Simpson, 9 Park Road, Greystoke, Penrith, CA11 0UF (e-mail received 13.08.2013). • Mr M. Todd, 4 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 13.08.2013).

• Mrs K. Blades, 10 Witham Avenue, North Cowton, Northallerton, DL7 0HU (e- mail received 13.08.2013).

The concerns raised are summarised as follows:

• I fail to see why new cabins should appear in places that there was no original planning permission for when plots that were included in the original planning permission lie unused.

Comment: Every planning application must be assessed within its own merits. Plots 22 and 24 will not be developed due to ground conditions and to retain woodland. The alternative plots identified are considered acceptable. The developer is seeking to identify all developable sites within the Potential Development Area, which is a reasonable and forward thinking step to take. An aggregate increase of just 3 chalets is proposed.

• I feel that additional chalets will dramatically change the unique sense of open space within Dalavich Chalet Park which is what makes it very attractive to owners and visitors alike.

Comment: No Open Space Protection Area will be affected. The plots all lie in areas of the Potential Development Area alongside existing or approved chalets where they can be comfortably accommodated. The proposal is informed by a comprehensive masterplan for the PDA.

• The original planning permission ensured that chalets were located and sited in such a manner which ensures that there were no overlooking issues.

Comment: Careful attention to siting, design and window positions means this remains the case with the proposed chalets as well.

• The proposal to site a chalet within Plot 4a will ensure that several mature trees will have to be felled.

Comment: Argyll and Bute Council’s Horticultural Officer was consulted and recommended no objection subject to a condition in relation to this planning application. Furthermore, Scottish Natural Heritage were also consulted and recommended no objection. A chalet can be provided within/alongside the trees and condition 2 will ensure this. Subject to the requirements of recommended conditions being met, the proposal satisfies Policy LP ENV 7. Plot 4a involves the felling of fewer trees than would be felled if the original cabin 24 were developed.

• The proposal to site a chalet within Plot 4a will reduce the visual amenity of chalets situated within the immediately surrounding area and will create a form of development which will be far denser than any other part of Dalavich Chalet Park.

Comment: The proposal to erect a chalet within Plot 4a is considered to be acceptable. The density proposed relates comfortably to the existing pattern. Impact on a private view is not a material consideration.

• The original planning permission was for 28 chalets and we were assured by the Planning Authority that this number would not increase.

Comment: Only 3 more chalets are proposed on aggregate from the 28 approved in 2006. The allocation of the site as a Potential Development Area in 2009 supports modest additional development, and it is considered that the current proposals represent acceptable modest consolidation of the holiday park development in accordance with Development Plan policy.

• The proposed chalets are too big in size, will be finished in natural larch which stands out and all are closely positioned to each other and some of the existing chalets too.

Comment: It is considered that the scale, form, proportions, materials, detailing and colour of all the proposed chalets are acceptable as they will conform with the settlement and landscape character of the immediately surrounding area and shall raise no unacceptable amenity or privacy issues within the immediately surrounding area.

• There is no need for chalet 22 to be relocated other than for the developer to have more success in selling it within an open location. The proposal to erect a chalet at Plot 8 is contrary to the Argyll and Bute Development Plan.

Comment: The applicant has applied to have Plot 22 deleted from planning permission 06/01640/DET and to have this cabin relocated to Plot 8. The proposal to erect a chalet within Plot 8 is considered to be acceptable. The site remains within an allocated Potential Development Area for high quality tourism development.

• The proposal will cause a negative impact upon local wildlife.

Comment: Scottish Natural Heritage were consulted and recommended no objection in relation to this planning application. Therefore, the proposal satisfies Policies STRAT DC 7, LP ENV 2 and LP ENV 6.

• Dalavich Chalet Park has been subject to a lot of construction work throughout the past 2 years which has caused a detrimental impact upon our holidays.

Comment: This is not a material planning consideration. The works that have been undertaken have benefited from extant planning permissions, mostly arising through the implementation of planning permission 06/01640/DET. Adding new holiday units to the park is good for the local tourism and construction economies and supports local services such as the village shop.

• The proposed development will cause a road safety issue due to road traffic intensification.

Comment: The Area Roads Officer was consulted and recommended no objection in relation to this planning application. The proposal satisfies Policies LP TRAN 4 and LP TRAN 6 and Appendix C: Access and Parking Standards.

• The proposed development will cause a detrimental impact upon the existing private water supplies due to intensification of use.

Comment: Environmental Health have been consulted and recommended no objection subject to a condition in relation to this planning application. Therefore, subject to the requirements of recommended conditions being met, the proposal satisfies Policies LP ENV 12 and LP SERV 4.

• With the ever increasing number of chalets being built within Dalavich Chalet Park throughout the last 2 years, the community of Dalavich has seen an increase in the number of police incidents and vandalism and noise pollution due to hen and stag parties often hiring some of the chalets.

Comment: The consequences of noise associated with development upon its surroundings is a material consideration, although it is necessary to have regard to how the development would be occupied in the normal course of events rather than in exceptional circumstances. Anti-social behaviour and unreasonable noise would be matters to be addressed by the police and environmental health in response to particular incidents rather than matters to address at the planning stage.

• Many chalet owners do not receive neighbour notification as their properties are only utilised for temporary holiday accommodation and many do not have a post box.

Comment: It is the property owners’ responsibility to make arrangements for the delivery of mail to their property. Neighbour notification was undertaken in accordance with the requirements of the Planning Authority. The planning application was also advertised in the Oban Times from the 25 th July to the 15 th August 2013 due to areas of vacant land nearby. The objectors are aware of the application and were not prejudiced by the arrangements for notification/publicity in this case.

The above represents a summary of the issues raised. Full details of the letters of representation are available on the Council’s Public Access System by clicking on the following link http://www.argyll-bute.gov.uk/content/planning/publicaccess . ______

(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No

(ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: No

(iii) A design or design/access statement: No

(iv) A report on the impact of the proposed development e.g. retail impact, transport impact, noise impact, flood risk, drainage impact etc: No ______

(H) PLANNING OBLIGATIONS

Is a Section 75 agreement required: Yes

The proposed development is being recommended for approval partly on the basis of two previously approved chalets being relocated within the overall holiday park. The degree of impact on trees at the amended site locations is considered to secure the retention of existing woodland areas, which is beneficial for the environment and the high amenity levels enjoyed at the holiday park.

In the event that planning permission is granted, an associated Section 75 Legal Agreement is recommended to prevent the former cabin plots 22 and 24 from being developed.

Reason for refusal in the event that the legal agreement is not concluded within four months:

The chalet park is subject to settlement strategy policy STRAT DC 2 ‘countryside around settlement’ and STRAT DC 8 ‘landscape and development control’ of the ‘Argyll & Bute Structure Plan’ 2002 and falls within Potential Development Area 5/115 for tourism/leisure use as delineated by the Argyll & Bute Local Plan’ 2009. It is also subject to Policy LP TOUR 1 of the local plan which supports tourism development provided it respects the landscape/townscape and amenity of its surroundings. Between them these policies seek to provide for low density, high amenity tourism/leisure development to augment the existing holiday chalet park at Dalavich, in order to ensure that any further development accords with the established settlement pattern and respects the landscape character of the area. In the event that the existing permissions on plots 22 and 24 were to be implemented, in addition to the new cabin locations proposed under the current application, it would alter the circumstances under which application 13/01501/PP was assessed, insofar as it would lead to over-development of the site, create an increased adverse impact on woodland across the development, and create different levels of demand on the private water supply and foul drainage infrastructure at the site. Accordingly, the development proposed is only acceptable on the basis that existing consents are surrendered, in order to release development capacity for the units proposed in a manner which is capable of satisfying development plan requirements. ______

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

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

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

‘Argyll and Bute Structure Plan’ 2002

Policy STRAT SI 1 – Sustainable Development Policy STRAT DC 2 – Development within the Countryside Around Settlements Policy STRAT DC 7 – Nature Conservation and Development Control Policy STRAT DC 8 – Landscape and Development Control Full details of the ‘Argyll and Bute Structure Plan’ 2002, including proposal maps and full policy wording can be viewed on the Council’s website by following the link below:

http://www.argyll-bute.gov.uk/planning-and-environment/argyll-and-bute- structure-plan .

‘Argyll and Bute Local Plan’ 2009

Policy LP ENV 1 – Development Impact on the General Environment Policy LP ENV 7 – Development Impact on Trees/Woodland Policy LP ENV 12 – Water Quality and Environment Policy LP ENV 19 – Development Setting, Layout and Design Policy LP TOUR 1 – Tourist Facilities and Accommodation, including Static and Touring Caravans Policy LP SERV 1 – Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systems Policy LP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems (SUDS) Policy LP SERV 4 – Water Supply Policy LP TRAN 1 – Public Access and Rights of Way Policy LP TRAN 4 – New and Existing, Public Roads and Private Access Regimes Policy LP TRAN 6 – Vehicle Parking Provision P/PDA 1 – The Proposed Potential Development Areas PDA 5/115 – Tourism/Leisure

Appendix A: Sustainable Siting and Design Principles Appendix C: Access and Parking Standards Appendix E: Allocations, Potential Development Area Schedules and Areas for Action Schedules

Full details of the ‘Argyll and Bute Local Plan’ 2009, including proposal maps and full policy wording can be viewed on the Council’s website by following the link below:

http://www.argyll-bute.gov.uk/planning-and-environment/local-plan .

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

Argyll and Bute Sustainable Design Guidance (2006) Circular 4/2009: Development Management Procedures, Annex A Defining a Material Planning Consideration Emerging LDP Scottish Planning Policy (2010) ______

(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No ______

(L) Has the application been the subject of statutory pre-application consultation (PAC): No ______

(M) Has a sustainability check list been submitted: No ______

(N) Does the Council have an interest in the site: No ______

(O) Requirement for a hearing: Yes

There has been a significant level of representation against the proposal, including objection from the community council and in the context of a small community this warrants the holding of a discretionary pre-determination hearing. ______

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

This application is seeking planning permission to relocate existing Plots 22 and 24 to new Plots 4a and 8, additional new Plots 5a, 18a and 37 and repositioning of chalets on Plots 17 and 18 within Dalavich Chalet Park, Dalavich, Argyll and Bute.

With reference to the adopted ‘Argyll and Bute Local Plan’ 2009 and the emerging ‘Argyll and Bute Proposed Local Development Plan’ 2013, the application site is situated within the development zone identified as Countryside Around Settlements and Potential Development Area (PDA) 5/115. With reference to the ‘Argyll and Bute Structure Plan’ 2002, Policy STRAT DC 2 – Development within the Countryside Around Settlements states:

“Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area...”.

PDA 5/115 is allocated in support of low density, high amenity tourism/leisure development, to augment the existing holiday chalet park at Dalavich. The proposal to relocate existing Plots 22 and 24 to new Plots 4a and 8, additional new Plots 5a, 18a and 37 and repositioning of chalets on Plots 17 and 18 will conform with the settlement pattern within Dalavich Chalet Park which is predominantly characterised by single storey, detached chalets which are situated intervisibly with one another and within close proximity to the internal shared private vehicular access and the broader forested/woodland context. It is considered that the erection of chalets within these plots will also respect the landscape character of the immediately surrounding area. Therefore, the proposal satisfies Policies STRAT SI, STRAT DC 2 and STRAT DC 8 and PDA 5/115. ______

(Q) Is the proposal consistent with the Development Plan: Yes ______(R) Reasons why planning permission should be granted The proposal to relocate existing Plots 22 and 24 to new Plots 4a and 8, additional new Plots 5a, 18a and 37 and repositioning of chalets on Plots 17 and 18 within Dalavich Chalet Park, Dalavich, Argyll and Bute is acceptable. The development is for an

aggregate increase of 3 chalets, all within an allocated PDA which supports low density high amenity tourism development. It is considered that the scale, form, proportions, materials, detailing and colour of the proposed chalets are acceptable. The proposed chalets will conform with the settlement pattern and landscape character of the immediately surrounding area. It is also considered that the proposal constitutes additional tourist accommodation within an established tourist facility where sensitively sited and designed chalets will further support the local economy within Dalavich. It is considered there will be no loss of amenity or unacceptable community impacts.

The proposal satisfies Policies STRAT SI 1, STRAT DC 2, STRAT DC 7, STRAT DC 8, LP ENV 1, LP ENV 2, LP ENV 6, LP ENV 7, LP ENV 12, LP ENV 19, LP TOUR 1, LP SERV 1, LP SERV 2, LP SERV 4, LP TRAN 1, LP TRAN 4, LP TRAN 6, P/PDA 1, Appendix A, Appendix C and Appendix E. ______(S) Reasoned justification for a departure to the provisions of the Development Plan

N/A – the proposal is in accordance with the Argyll and Bute Development Plan 2009. ______

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

Author of Report: Stephen Fair Date: 27th January 2014

Reviewing Officer: Richard Kerr Date: 3rd February 2014

Angus Gilmour Head of Planning and Regulatory Services

CONDITIONS AND REASONS RELATIVE TO APPLICATION 13/01501/PP

1. The development shall be implemented in accordance with the details specified on the application form dated 8 th July 2013 and the approved drawing reference numbers:

• Plan 1 of 8 • Plan 2 of 8 • Plan 3 of 8 • Plan 4 of 8 • Plan 5 of 8 • Plan 6 of 8 • Plan 7 of 8 • Plan 8 of 8

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

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

2. No trees within the site shall be lopped, topped, felled or otherwise damaged without the prior written consent of the Planning Authority. No development shall commence on-site or is hereby authorised until a tree survey for the development site has been submitted to and approved in writing by the Planning Authority. The tree survey will detail:

1. all trees to be felled to accommodate the development 2. a replanting schedule demonstrating a replanting ratio of two native trees for every one tree felled 3. additional compensatory planting around the new cabins to fully assimilate the cabins into the context of the chalet park 4. similar types of trees and replanting density to that approved in the wider chalet park replanting schedule 5. the size at time of planting of all trees and the proposed timing of planting relative to chalet construction and occupation.

The development and all tree felling and replanting shall thereafter be completed in strict accordance with such details as are approved. Any replacement or newly planted trees that die or become diseased within a period of ten years after the trees have been planted shall be replaced with the same size and species of trees to the satisfaction of Planning and Regulatory Services within one year of such failure being identified.

Reason: To enhance the woodland setting of the chalet park and to help assimilate the development into its context, and retain effective separation between holiday chalets.

3. No development shall commence on-site or is hereby authorised until a full appraisal to demonstrate the wholesomeness and sufficiency of the private water supply to serve the development has been submitted to and approved in writing by the Planning Authority. This assessment shall be carried out by a qualified and

competent person(s). Such appraisal shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 and shall on the basis of such risk assessment specify the means by which a wholesome and sufficient water supply shall be provided and thereafter maintained to the development. Such appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. Furthermore, the development itself shall not be brought into use or occupied until the approved supply has been installed in accordance with the agreed specification.

Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development without compromising the interests of other users of the same or nearby private water supplies.

4. The chalets hereby approved shall be used for holiday accommodation only and not as a sole or main residence. None of the chalets shall be occupied by any family, group or individual for more than three months in any calendar year.

Reason: To ensure that the cabins are not used for permanent residential accommodation and to ensure that the development is maintained as a holiday park in accordance with the requirements of the Argyll and Bute Local Plan, and because the chalets are not considered acceptable for permanent habitation.

5. No development shall commence on any individual chalet hereby approved or is hereby authorised until details of surface water drainage arrangements associated with each respective chalet hereby approved has been submitted to and approved in writing by Planning and Regulatory Services. Such details shall include a drainage layout plan which shall include any mitigation measures required to address surface water run-off from the development site. The development thereafter shall be carried out in accordance with this plan.

Reason: To ensure that there is a satisfactory drainage system in place for the development before any individual chalet is commenced, in the interests of health and amenity and environmental protection and to accord with Policies LP ENV 12 and LP SERV 2 of the ‘Argyll and Bute Local Plan’ 2009.

6. No development shall commence on any individual chalet hereby approved or is hereby authorised until details of the finished floor level for each respective chalet has been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed in strict accordance with such details as are approved.

Reason: To ensure that the cabins individually integrate with their landscape setting.

NOTE TO APPLICANT

• Length of this planning permission : The development to which this permission relates must be begun within three years from the date of this permission in accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by The Planning etc. (Scotland) Act 2006).

• In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997 (as amended by The Planning etc. (Scotland) Act 2006), prior to works commencing on-site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

• In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 (as amended by The Planning etc. (Scotland) Act 2006), it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

APPENDIX B – RELATIVE TO APPLICATION NUMBER 13/01501/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

With reference to the adopted ‘Argyll and Bute Local Plan’ 2009 and the emerging ‘Argyll and Bute Proposed Local Development Plan’ 2013, the application site is situated within the development zone identified as Countryside Around Settlements and PDA 5/115. Policy STRAT DC 2 – Development within the Countryside Around Settlements, states:

“Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area...”.

The proposal to relocate the existing Plots at 22 and 24 to new Plots at 4a and 8, additional new Plots at 5a, 18a and 37 and the repositioning of proposed chalets on Plots 17 and 18, will accord with the settlement plan for the area. Dalavich Chalet Park is predominantly characterised by single storey detached chalets which are situated intervisibly with one another and within close proximity to the internal UC74 Dalavich Loop road within Dalavich Chalet Park. It is considered that the erection of chalets within these plots will also respect the landscape character of the immediately surrounding area. Therefore, the proposal satisfies Policies STRAT SI, STRAT DC 2 and STRAT DC 8.

The application site is also allocated as a Potential Development Area (PDA) 5/115 ‘Dalavich’ for low density, high quality tourism/leisure development to augment the existing Dalavich Chalet Park. It is considered that the current proposal constitutes a low density, high quality tourism/leisure development which ensures that the proposal satisfies Policy LP TOUR 1. The masterplan submitted for PDA 5/115 sets out the detailed context of the current proposals and once approved by Members is a material consideration in the determination of the current planning application.

B. Location, Nature and Design of Proposed Development

The application site is located immediately to the north of the existing minor settlement of Dalavich which is approximately 27 miles to the south east of Oban on the western shores of Loch Awe. To the north of the application site is an existing medium density mature conifer plantation and to the east is an existing shared private vehicular access known as the internal UC74 Dalavich Loop road within Dalavich Chalet Park which adjoins the C30 public road. Further to the east are a mixture of existing single storey detached timber clad chalets which form part of Dalavich Chalet Park. To the south of the application site is an existing area of flat, open grassland which is utilised as an informal playing field and which is also designated as an Open Space Protection Area within the adopted ‘Argyll and Bute Local Plan’ 2009 and the emerging ‘Argyll and Bute Proposed Local Development Plan’ 2013. To the west of the application site is an existing narrow strip of mixed woodland and situated further to the west is the existing C30 public road. The application site is predominantly flat and has a stated area of 9785m2.

It is proposed to relocate and amend the chalet design of Plots 22 and 24 to new additional Plots at 4a and 8. Plots 22 and 24 were previously approved as part of the granting of detailed planning permission 06/01640/DET on the 17 th November 2006 for the erection of 28 holiday chalets. Due to existing ground conditions and tree cover it is considered beneficial that Plots 22 and 24 do not get developed. Deletion of Plots 22

and 24 from permission 06/01640/DET would secure a net benefit for the environment, whilst allowing those chalets to then be constructed on Plots 8 and 4a respectively.

With regards to Plot 4a, it is proposed to erect a rectangular, single storey, pitched roofed detached chalet which shall measure approximately 5.3 metres in height to the ridge, 9.9 metres in length and 9 metres in width (plus an adjoining ground floor deck upon the front south eastern elevation). The outside walls will be finished in vertical, Cuprinol ‘Forest Oak’ timber cladding, the roof covering will be black coloured trisomet metal profile sheeting, the doors and windows will be timber and will incorporate severe exposure rated double glazing and the rainwater goods will be black coloured upvc. It is considered that there is sufficient space whilst retaining peripheral trees within Plot 4a to appropriately and acceptably site a new chalet which shall conform with the settlement and landscape pattern of the immediately surrounding area. The proposal will not cause any detrimental amenity or overlooking/privacy issues. The proposed windows upon the north eastern gable of the proposed chalet will be approximately 27.5 metres from the windows within the south western elevation of the existing chalet within Plot 4b, which is situated to the north east of the proposed chalet, which is greater than the required 12 metres between habitable windows and gable ends as required within Appendix A – Sustainable Siting and Design Principles, Overlooking – Section 13.3. With regards to the existing chalet within Plot 9 which is situated to the north of Plot 4a, again it is considered that the proposed chalet will not cause any amenity or overlooking/privacy issues with this existing chalet as the rear north western elevation of the proposed chalet will only feature an obscured window within the proposed shower room which again satisfies Appendix A – Sustainable Siting and Design Principles, Overlooking – Section 13.3.

With regards to Plot 8, it is proposed to erect a rectangular, single storey, pitched roofed detached chalet which shall measure approximately 5.3 metres in height to the ridge, 12 metres in length (plus an adjoining ground floor deck upon the front north eastern elevation) and 6.5 metres in width. The outside walls will be finished in horizontal timber, waney edge larch cladding, the roof covering will be black coloured trisomet metal profile sheeting, the doors and windows will be timber and will incorporate severe exposure rated double glazing and the rainwater goods will be black coloured upvc. It is considered that there is sufficient space within Plot 8 to appropriately and acceptably site a new chalet. The proposal will not cause any detrimental amenity or overlooking/privacy issues within the immediately surrounding area.

With regards to Plot 5a, it is proposed to erect a rectangular, single storey, pitched roofed detached chalet which shall measure approximately 5.3 metres in height to the ridge, 9.5 metres in length and 9 metres in width (plus an adjoining ground floor deck upon the front south western elevation). The outside walls will be finished in horizontal, waney edge larch cladding, the roof covering will be black coloured trisomet metal profile sheeting, the doors and windows will be timber and will incorporate severe exposure rated double glazing and the rainwater goods will be black coloured upvc. It is considered that there is sufficient space within Plot 5a to appropriately and acceptably site a new chalet. The proposal will not cause any detrimental amenity or overlooking/privacy issues within the immediately surrounding area. The proposed windows upon the rear north eastern elevation of the proposed chalet will be situated approximately 7.5 metres from the southern gable of the existing chalet within Plot 5. However, it is important to acknowledge that the southern gable of the existing chalet within Plot 5 only features a pedestrian access door at ground floor level and several windows within the upper section of the gable to allow extra light into the existing chalet. Therefore, as no windows feature within the ground floor level of the existing chalet within Plot 5 and as there is no upper floor of proposed Chalet 5a which would enable

occupants to overlook Chalet 5, the proposal satisfies Appendix A – Sustainable Siting and Design Principles.

On Plot 37, it is proposed to erect a rectangular, single storey, pitched roofed detached chalet which shall measure approximately 5.3 metres in height to the ridge, 9.5 metres in length (plus an adjoining ground floor deck upon the rear northern elevation) and 9 metres in width. The outside walls will be finished in vertical, Cuprinol ‘Forest Oak’ timber cladding, the roof covering will be black coloured trisomet metal profile sheeting, the doors and windows will be timber and will incorporate severe exposure rated double glazing and the rainwater goods will be black coloured upvc. It is considered that there is sufficient space within Plot 37 to appropriately and acceptably site a new chalet which shall conform with the settlement and landscape pattern of the immediately surrounding area.

With regards to the final part of the proposal, it is proposed to slightly relocate the footprints of previously approved Chalets 17 and 18 in order to create sufficient space for the siting of a new additional chalet within Plot 18a. This reconfiguration is acceptable and has minimal affect on forestry.

Plots 17, 18 and 18a all proposed simple rectangular, single storey, pitched roofed detached chalets in the same style as previously approved on nearby plots.

The scale, form, proportions, materials, detailing and colour of the proposed chalets are acceptable. The layout conforms with the settlement pattern and landscape character of the immediately surrounding area. Furthermore, the proposed chalets will not cause any detrimental amenity or overlooking/privacy issues within the immediately surrounding area. The proposal complies with Policies LP ENV 1 and LP ENV 19.

In addition to conforming to the allocated PDA, the proposal constitutes a form of tourism related accommodation, where Policy LP TOUR 1 – Tourist Facilities and Accommodation, including Static and Touring Caravans applies:

“There is a presumption in favour of new...tourist facilities and accommodation provided...They respect the landscape...character and amenity of the surrounding area...They are reasonably accessible by...cycling and on foot...They are well related to the existing built form...and avoid dispersed patterns of development...”.

The proposal constitutes additional tourist accommodation within an established tourist facility. It is considered that the proposal will further support the local economy within Dalavich as well as Argyll and Bute. Consequently, it is considered that the proposal satisfies Policy LP TOUR 1 and is consistent with the advice offered within Scottish Planning Policy 2010.

C. Natural Environment

The application site is situated within an area of woodland which is listed within the Ancient Woodland Inventory as being of semi-natural origin. Argyll and Bute Council’s Horticultural Officer and Scottish Natural Heritage were consulted and both recommended no objection subject to a condition which shall ensure that a tree survey must be submitted by the applicant prior to the commencement of any works on-site. Limited felling will be required on some plots but this all follows previous decisions or can be controlled by planning conditions. Subject to the requirements of conditions being

met, it is considered that the proposal will not cause a detrimental impact upon biodiversity, habitats and species or trees/woodland which ensures that the proposal satisfies Policies STRAT DC 7 and LP ENV 7.

No other special designations, landscapes or protected species have been identified in respect of this application site.

D. Built Environment

Immediately to the east and south of the application site the existing settlement pattern is predominantly characterised by low density, single storey detached timber clad chalets which are situated within close proximity to the internal UC74 Dalavich Loop road within Dalavich Chalet Park. Further to the south of the application site, south of an area of Open Space Protection Area, the existing settlement pattern is predominantly characterised by semi-detached dwellinghouses which together form a small cluster constituting the existing settlement of Dalavich. To the north and west of the application site there are no existing buildings within the immediate surrounding environment.

The proposal to relocate the existing Plots at 22 and 24 to new Plots at 4a and 8, additional new Plots at 5a, 18a and 37 and the repositioning of proposed chalets on Plots 17 and 18 conforms with the settlement pattern within Dalavich Chalet Park and the landscape character of the immediately surrounding area. The proposed chalets will be located within close proximity to the internal UC74 Dalavich Loop road within Dalavich Chalet Park where existing amenity and privacy standards will be maintained.

E. Landscape Character

The application sites are predominantly flat and contain a combination of broadleaf woodland, scrubland, open spaces, and medium density mature conifer plantations. Immediately to the west of the application site there is narrow strip of mixed woodland but further to the west on the opposite side of the C30 Ford-Kilmaha-Barnaline public road, the land gradually rises to the west and is predominantly covered by woodland which is listed within the Ancient Woodland Inventory. Immediately to the north of the application site there is an existing medium density mature conifer plantation which marks the northern boundary of Dalavich Chalet Park. Immediately to the east and south of the application site there are large open areas of mown grassland which are used primarily for recreational purposes, alongside the rest of the Dalavich Chalet Park.

With reference to the ‘Argyll and Bute Structure Plan’ 2002, Policy STRAT DC 8 – Landscape and Development Control states:

“Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non- sustainable’ and is contrary to this policy.”.

The scale, form, proportions, materials, detailing and colour of the proposed chalets are acceptable which shall ensure that they conform with the settlement pattern and landscape character of the immediately surrounding area. The proposal raises no adverse landscape issues and will not raise any key environmental issues. Therefore, subject to the requirements of recommended conditions being met, the proposal satisfies Policies STRAT SI 1 and STRAT DC 8.

F. Road Network, Parking and Associated Transport Matters

With regards to vehicular access arrangements it is proposed to utilise an existing shared private vehicular access known as the UC74 Dalavich Loop road which adjoins the C30 public road. With regards to vehicular on-site parking and turning arrangements it is proposed to construct 14 on-site vehicular parking spaces and associated turning arrangements. The Area Roads Officer was consulted and recommended no objection in relation to the proposed vehicular arrangements or parking and turning proposals. Therefore, it is considered that the proposal will not cause any detrimental impacts upon road safety which ensures that the proposal satisfies Policy LP TRAN 4, LP TRAN 6 and Appendix C.

During the determination process of this planning application the Outdoor Access Team were consulted in relation to public access and public rights of way. The Outdoor Access Team recommended no objection in relation to this planning application. Therefore, it is considered that the proposal will not cause a detrimental impact upon public access and public rights of way which ensures that the proposal satisfies Policy LP TRAN 1.

G. Infrastructure

With regards to water supply arrangements it is proposed to utilise an existing private water supply via the utilisation of existing on-site pipe work. Public Protection Services were consulted and recommended no objection subject to a condition. Therefore, subject to the requirements of recommended conditions being met, the proposal satisfies Policies LP ENV 12 and LP SERV 4.

With regards to foul drainage arrangements it is proposed to utilise an existing communal private sewage treatment plant via the utilisation of existing on-site pipe work. Environmental Health and Scottish Environment Protection Agency were consulted and both recommend no objection in relation to the proposed foul drainage arrangements. Therefore, it is considered that the proposed foul drainage arrangements are acceptable and satisfy Policies LP ENV 12 and LP SERV 1.

With regards to surface water run-off drainage arrangements there have been no details submitted in relation to this matter. Therefore, subject to the requirements of recommended conditions being met, the proposal satisfies Policies LP ENV 12 and LP SERV 2.