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 4AR Tel: 01631 567901 Fax: 01631 570379

26 November 2008

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the MCCAIG SUITE, CORRAN HALLS, CORRAN ESPLANADE, OBAN on WEDNESDAY, 3 DECEMBER 2008 at 10:30 AM , which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of the meeting of the Oban, Lorn & the Isles Area Committee held on 5th November 2008 (Pages 1 - 8)

(b) Minute of the meeting of the Oban, Lorn & the Isles Area Committee held on 30th September 2008 in connection with planning application ref. 07/01480/OUT (Lonan Properties Ltd) (Pages 9 - 12)

(c) Minute of the meeting of the Oban, Lorn & the Isles Area Committee held on 11th November 2008 in regard to planning application 08/01300/OUT (Mr & Mrs Robertson) (Pages 13 - 16)

(d) Report by the Area Corporate Services Manager in regard to the utilisation of capital receipts (Pages 17 - 18)

(e) Oban, Lorn & the Isles Area Strategy (Draft) (Pages 19 - 36)

4. COMMUNITY SERVICES

(a) Report by Head of Children & Families in regard to Glencruitten Hostel, Oban (Pages 37 - 40)

5. DEVELOPMENT SERVICES

(a) 08/00647/DET: Duncan and Elizabeth Bell: Change of use from house to house of multiple occupancy - 56 Croft Road, Oban (Pages 41 - 54)

(b) 08/01327/OUT: Tom MacLennan as Trustee of Andrew Sandilands: Erection of 5 Dwelling houses - Land East of Cuil Daroch, Glen Euchar, Argyll (Pages 55 - 70)

(c) 08/01345/DET: Mr Geoffrey Nicholsby: Installation of pontoon (retrospective) - Dundonald, Achnacreebeag, North Connel (Pages 71 - 80)

(d) 08/01689/OUT: Mr & Mrs D Campbell: Site for Erection of Dwellinghouse (Plot 1) - Land at Dalanasaig, Clachan Seil, by Oban (Pages 81 - 92)

(e) 08/01693/OUT: Mr & Mrs D Campbell: Site for Erection of Dwellinghouse (Plot 2) - Land at Dalanasaig, Clachan Seil, by Oban (Pages 93 - 104)

(f) 08/01743/OUT: Mr & Mrs S Preston: Site for the Erection of 2 Dwellinghouses - Land South East of Sycheida, Port Appin (Pages 105 - 116)

(g) 08/02025/COU: Elaine Callander-Cameron: Extension to cartilage to provide bin storage compound and controlled staff access - Arbour, Dunollie Road, Oban (Pages 117 - 120)

(h) 98/00775/DET: Removal of Section 75 Agreement (Pages 121 - 122)

(i) 92/00284/DET: Removal of Section 50 Agreement (Pages 123 - 124)

6. 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 disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

The appropriate paragraphs are:-

E1 - 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.

E2 - 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.

E1 7. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) Report by Network & Environmental Manager in regard to additional car parking at Port Appin (Pages 125 - 126)

(b) Report by the Director of Corporate Services in regard to site at Dungallan Park, Gallanach Road, Oban (Pages 127 - 128)

E2 8. OBAN OFFICE RATIONALISATION

(a) Oban Office Rationalisation (to follow)

OBAN, LORN & THE ISLES AREA COMMITTEE

Councillor Gordon Chalmers Councillor Mary-Jean Devon Councillor Donald Macdonald Councillor Duncan MacIntyre (Chair) Councillor Neil Mackay Councillor Roderick McCuish Councillor Donald McIntosh (Vice-Chair) Councillor Elaine Robertson

Contact: Jane Gillies - 01631 567901

This page is intentionally left blank Page 1 Agenda Item 3a

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the MCCAIG SUITE, CORRAN HALLS, CORRAN ESPLANADE, OBAN on WEDNESDAY, 5 NOVEMBER 2008

Present: Councillor Donald McIntosh (Chairman)

Councillor Mary-Jean Devon Councillor Donald MacDonald Councillor Neil MacKay Councillor Roderick McCuish Councillor Elaine Robertson

Attending: Kenneth Macdonald, Area Corporate Services Manager Jane Gillies, Corporate Services Iain MacKinnon, Senior Public Protection Officer Alex Taylor, Area Manager, Social Work Ian MacIntyre, Area Team Leader, Development Services John Heron, Technical Officer, Traffic & Development

The Chairman ruled, and the Committee agreed, that the business dealt with at item 4(f) of this Minute be dealt with as a matter of urgency by reason of the need to make a decision prior to the next Area Committee meeting.

1. APOLOGIES FOR ABSENCE

Councillor Duncan MacIntyre Councillor Gordon Chalmers

2. DECLARATIONS OF INTEREST

Councillor Elaine Robertson declared a non-pecuniary interest in item 6(a) by reason of her being a committee member of Shopmobility.

3. EATSAFE AWARDS

The Chairman presented awards to representatives from Caledonian MacBrayne (MV Clansman); Tiree High School; Park Primary School; Luing Primary School; Oban Primary Campus on their attaining the Eat Safe Award, an award launched by the Food Standards Agency to promote excellence in standards of food hygiene and food safety management. The Chairman congratulated all on their achievement of the awards and noted that Lynn of Lorn Care Home, the St.Columba Hotel, Iona and the Calgary Hotel, had also achieved awards but were unable to be present at this meeting to receive them.

4. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 8TH OCTOBER 2008

Approved as a correct record

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(b) MINUTE OF MEETING OF OBAN LORN & THE ISLES AREA COMMITTEE HELD ON 30TH SEPTEMBER 2008 IN REGARD TO PLANNING APPLICATION REF. 07/01480/OUT (LONAN PROPERTIES)

It was agreed that this item be continued to the next meeting to allow time for the consideration of representations received from Taynuilt Community Council.

(c) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE HELD ON 8TH OCTOBER 2008 IN REGARD TO PLANNING APPLICATION 08/00165/COU: (STRATHERN)

Approved as a correct record

(d) APPLICATION FOR FUNDING FROM CAPITAL RECEIPTS - PENNYGHAEL DEVELOPMENT ASSOCIATION LTD

The Committee considered an application from the Pennyghael Development Association Ltd for funding towards (a) the cost of preparing a business case for the redevelopment of the Pennyghael Community Hall, Isle of Mull; and (b) the cost of urgent repairs to preserve the fabric of the building.

Decision :

It was agreed that:

(a) consideration of the request for funding for preparation of a business case be continued to the next Area Committee meeting; and (b) Pennyghael Development Association Ltd be awarded a grant of £5,000 towards the cost of urgent repairs to the community hall

(Ref: Letter from Pennyghael Development Association dated 17 th October 2008)

(e) ROCKFIELD STEERING GROUP

Members considered a letter from Rockfield Steering Group dated 16 th October 2008 regarding their current position.

Decision:

It was agreed that this matter be continued to a future meeting pending the outcome of discussions between the Steering Group and the Oban Youth and Community Centre regarding the latter organisation’s progression towards replacement of its current facilities.

(Ref: Letter from Rockfield Steering Group dated 16 th October 2008)

(f) FLOODING AT BLACK LYNN BURN

The Chairman expressed concern regarding the urgency for flood mitigation works to be carried out at the Black Lynn burn. Page 3

Decision:

It was agreed, in principle, to allocate a sum of £10,000 from the capital receipts available for utilisation by the Area Committee to carry out the flood mitigation works.

It was further agreed to obtain costings for upgrading works to the path between the Guide Hall and the council depot, which could be carried out at the same time.

5. DEVELOPMENT SERVICES

(a) 07/00008/DET: MR JAMES ADAM: ERECTION OF PRIVATE DWELLINGHOUSE AND FORMATION OF ACCESS - LAND AT MELFORT HOME FARM, KILMELFORD

With reference to the decision of the Area Committee on 8 th October 2008, this application was represented following clarification of issues of Local Plan Policies.

Decision:

It was unanimously agreed that this application be approved:

(a) as a minor departure from Policy HO21 of the Adopted Lorn Local Plan on the basis of the farming operational need for a house in this location and that the Plan is 20 years old and out of date; (b) as consistent with Policies ENV1 and ENV19 of Argyll and Bute Consultative Draft Local Plan and Policy RUR1 of the adopted Lorn Local Plan on the basis that the proposed site as amended will not be skylined and will nestle into the hillside and will not be prominent, nor will have an adverse environmental impact; and (c) subject to conditions to be remitted to the Head of Planning in consultation with the Chairman and Vice Chairman of the Area Committee, to include a condition requiring the retention of the trees in front of the site and the conclusion of a Section 75 Agreement to tie the proposed dwelling to the farm.

(Ref: Supplementary Report No.1 dated 7 th October 2008 and Report dated 6 th August 2008 by the Head of Planning, submitted)

(b) 08/01108/OUT: IAIN A MACKINNON: USE OF LAND FOR PLANT AND HAULAGE BUSINESS (TO INCLUDE THE ERECTION OF A BUILDING) ALL IN OUTLINE - LAND WEST OF 34 BELEPHETRISH, ISLE OF TIREE

It was unanimously agreed to recommend to the Protective Services and Licensing Committee that this application be approved as consistent with Planning Policy STRAT DC4 of the Argyll and Bute Structure Plan for the following reasons:

The Area Capacity Evaluation (ACE) carried out by the Council’s Planning Page 4

Service was on an area not considered to be an “Area of Common Landscape Character”. It does not include the agricultural activity of this Agricultural Township in which the croft is sited, nor does it include the Common Grazing associated with the croft. The area used for the ACE does not reflect the true “Common Landscape Character” of the area. A larger area of the Rural Opportunity Area east of the proposed site should be looked at for the purpose of the ACE. This area includes the agricultural landscape surrounding the site. This area extends from the proposed site east towards Balephetrish Hill which is an extended area from that referred to in the planning report. Within this ACE Compartment it is considered that the settlement pattern is of small farm clusters, 5 single agricultural sheds, one of which is larger than the proposed agricultural type shed, 1 large Dutch barn, 1 three storey house and several 2 storey houses, which are separated by open fields. This truly reflects the “area of Common Landscape”. It is considered the introduction of an agricultural type structure of this scale and design, which is separated from its neighbours by open agricultural fields, is consistent with the above settlement pattern and would not have an adverse environmental impact and as such is consistent with the settlement pattern in the ACE.

It is also considered the introduction of an agricultural type structure of this scale and design, which is separated from its neighbours by open agricultural fields, is consistent with the above settlement pattern and would not have an adverse environmental impact and as such is consistent with the settlement pattern in the ACE.

It is also considered that there is an operational need for a haulage operation because of: a) delivery of building materials to the construction industry on Tiree; b) delivery of animal feed, fertiliser and other agricultural supplies to the crofting industry on Tiree; c) delivery of coal and other general supplies to Tiree; d) removal of all fallen stock fridges from Tiree, Skye, Islay, Uist, Barra, \Mull and Orkney and Shetland; e) removal of all recycled materials for Argyll and Bute Council from Tiree; f) operation of the “car-take-back” scheme from Coll and Tiree; g) provision of agricultural contracting for ditching, fencing, ploughing and baling on Tiree; h) provision of plant to the construction industry on Tiree; i) provision of verge cutting services to Argyll and Bute Council on Tiree, Coll, Mull and Oban district; j) provision of labour and plant to Argyll and Bute Council on Coll and Tiree; k) provision of on-call for Argyll and Bute Council Amenity Services (Roads) – gritting, clearing flooding drains and clearing tidal debris, etc.

Custom built premises will provide an adequate facility for vehicles to be driven inside for loading and unloading and provide bulk storage of vulnerable materials for gradual dispersal to small operators.

In respect of all above operations the applicant needs a business within Page 5

central location of the island. In terms of economic benefit the business employs 8 full time and 1 part time persons which is important to the economy of Tiree.

For the above reasons it is considered that the proposal is consistent with the provisions of STRAT DC4 of the Structure Plan and BUS2 of the Modified Finalised Draft Local Plan. It is also considered that the scale and design is consistent with other agricultural structures in the area and is therefore consistent with the provisions of Policy ENV19 and ENV1 of the Modified Finalised Draft Local Plan and as such is considered sustainable development in accordance with the provisions of STRAT SI1.

The Committee unanimously agreed to recommend to the Protective Services and Licensing Committee that this application be approved, subject to conditions and reasons to be remitted to the Head of Planning in consultation with the Chairman and Vice Chairman of the Area Committee.

(Ref: Report by Head of Planning dated 22 nd September 2008, submitted)

It was agreed that this matter be continued to a future meeting pending submission of further documentation as set out in the report by the Head of Planning.

(Ref: Report by the Head of Planning dated 17 th October 2008, submitted)

(d) 08/01460/DET: MAX BONNIWELL: ERECTION OF DWELLINGHOUSE AND INSTALLATION OF SEPTIC TANK - LAND AT DALVUIE, LEDAIG, OBAN

Approved as a minor departure to the adopted Lorn Local Plan, subject to conditions as set out in the report by the Head of Planning dated 24 th September 2008

(Ref: Report by Head of Planning dated 24 th September 2008, submitted)

(e) 08/01641/DET: ROGER BARRETT & KIMBRA JOHNSON: ERECTION OF DWELLINGHOUSE - SITE SOUTH OF WHINBANK, CLACHAN SEIL, BY OBAN

Approved, subject to conditions as set out in the report by the Head of Planning dated 28 th October 2008

(Ref: Report by Head of Planning dated 28 th October 2008, submitted)

6. OPERATIONAL SERVICES

Prior to consideration of the following item of business Councillor Robertson, having earlier declared an interest therein, left the meeting and took no part in the discussion.

Page 6

(a) PARKING SURPLUS 2008 – 2009

The Committee considered a report by the Network & Environmental Manager in regard to parking surplus for 2008-09.

Decision:

It was agreed that:

(a) £10,000 from the parking surplus be used to support Shopmobility in Oban; and (b) A further report be submitted to a future meeting dealing with the remaining surplus.

(Ref: Report by the Network & Environmental Manager, submitted)

Councillor Robertson rejoined the meeting.

(b) COLL PLAY AREA - SUPPORT OF COMMUNITY GROUP

Members considered a report by the Director of Operational Services in regard to proposals for a partnership for maintenance and development of a play area on the island of Coll.

Decision:

The Committee approved the proposed partnership as set out in the report by the Director of Operational Services dated 29 th October 2008.

(Ref: Report by the Director of Operational Services dated 29 th October 2008, submitted)

7. PUBLIC QUESTION TIME

Captain Roderick MacKinnon Asked to be advised of the current position with regard to (a) car parking opposite the Kelvin Hotel, Shore Street; and (b) the abandoned brick structure adjacent to the post office vehicle repair yard, Shore Street, both of which issues had been raised with the Area Committee by him in November 2007. The Area Corporate Services Manager outlined the current position with regard to both of these issues. .

The 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 9 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

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8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) WHITE BUILDING, NORTH PIER, OBAN

Members considered, and noted, a report by the Chief Solicitor dated 22 nd October 2008 in regard to the White Building, North Pier, Oban.

(Ref: Report by the Chief Solicitor dated 22 nd October 2008, submitted)

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MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the TAYNUILT HOTEL, TAYNUILT on TUESDAY, 30 SEPTEMBER 2008

Present: Councillor Donald McIntosh (Chair)

Councillor Gordon Chalmers Councillor Mary-Jean Devon Councillor Neil Mackay Councillor Roderick McCuish Councillor Elaine Robertson

Attending: Kenneth Macdonald, Area Corporate Services Manager Jane Gillies, Local Services Assistant, Corporate Services Ian MacIntyre, Area Team Leader, Planning Services

Frank Beaton, Agent for applicant Dr Kenneth MacDougall, on behalf of applicant

Alan Livingstone, Taynuilt Community Council Tom McLellan, Taynuilt Community Council

John MacFarlane, Objector

6 press and public

1. APOLOGIES FOR ABSENCE

Councillor Duncan MacIntyre

2. DECLARATIONS OF INTEREST

None

3. REFERENCE FROM OBAN LORN & THE ISLES AREA COMMITTEE (03/09/2008): 07/01480/OUT: LONAN PROPERTIES LTD: SITE FOR HOUSING DEVELOPMENT - SITE WEST OF ALANDON, TAYNUILT

Councillor McIntosh, Chairman, welcomed those present and invited Mr Macdonald to advise everyone of the procedures for the meeting.

Mr MacIntyre then summarised the application and showed an indicative plan of the site to all present, saying that there would be one access into the site from the road through the village, and the development will be connected to the public water supply. Mr MacIntyre added that the development is contrary to HO22 in the “old plan”, but the area is included as a settlement area in the Modified Final Draft Local Plan, to which there were no objections, therefore the principle of development on this site is acceptable . Three letters of objection have been received by the planning office raising concerns of flooding, sewerage works, infrastructure and a bridleway, these matters having been dealt with in the report by Head of Planning dated 31 st March 2008. Mr MacIntyre recommended the application for approval subject to 9 conditions. Page 10

Mr Beaton, Agent for the Applicant, said this site is part of the settlement area in the emerging local plan and is consistent with the Council’s new policies. The site will be below the existing road. A flood risk assessment has been carried out and issues raised have been addressed to the satisfaction of SEPA and the Council’s flooding experts.

Mr Livingstone, Taynuilt Community Council, asked that the Community Council’s objection be noted that the meeting was not being held on site. The Chairman responded that all elected Members present had confirmed that they had already familiarised themselves with the site. Mr Livingstone then stated that he wished to raise points of order pertaining to the period of notice of the meeting, format of the meeting and deficiencies within the planning website. The Chairman advised Mr Livingstone that this meeting was not the appropriate arena to raise such matters as the purpose of the meeting was to discuss a specific planning application, in respect of which there was a procedure to be followed, as set out earlier. The Chairman invited Mr Livingstone to raise his issues at a future community engagement meeting. Mr Livingstone refused to accept the Chairman’s advice and continued in spite of several requests from the Chairman that he desist and resume his seat. At length Mr Livingstone resumed his seat and the Chairman brought the meeting to order.

The Chairman then invited Mr Tom McLellan, Taynuilt Community Council to address the meeting. He expressed disappointment that despite the applicant and design team having had discussion with a variety of bodies including the Council, SEPA and Scottish Water, there had been no approach to Taynuilt Community Council; despite previous indications from the Community Council to the developer that the water supply system in Taynuilt was inadequate for further developments and this was subsequently proved correct when last minute upgrading of the supply system had to be carried out a few months prior to tenants taking occupation of houses at Aldersyde. The Scottish Government Reporter, in regard to the Finalised Draft Local Plan, stated that a slackening in the pace of new development at Taynuilt would allow the Council to engage with the Community Council, local residents and other interested parties in undertaking a review of the settlement plan. This would enable a considered view to be taken on the future expansion of Taynuilt. Mr McLellan asked, therefore, that consideration of this application be put on hold until such consultation is carried out in order to consider other more suitable sites for the development. He acknowledged that a flood risk assessment had been carried out, but expressed concern that the applicant had not adequately addressed the fact that the area can be impacted by a form of tidal surge. He added that rising sea levels etc., will only exacerbate this situation. Mr McLellan asked that, as Scottish Water have no funding available for a full scale project to protect the sewerage works, further consideration of this application should be put on hold until (a) such works have been completed; (b) the type of assessment exercise recommended by the all party committee of the Scottish Parliament that heard evidence on flooding and flood management is carried out; and (c) an independent flood risk assessment has been carried out in relation to the overall flood risk in the area identified on SEPA’s Indicative River & Coastal Flood Map. Mr McLellan concluded by requesting that in the event of the Area Committee being of a mind to approve the application, a condition be set requiring the developer to provide information on previous flooding incidents associated with this site to potential purchasers, together with copies of flood risk assessments Page 11 for both the development and the surrounding area.

Mr J MacFarlane, objector, said he had no objection to housing / affordable housing but does object to the Local Authority putting houses on flood planes. He raised various concerns regarding the river, tide and river bank and stated that the proposed site is subject to tidal surges right up to his house. He raised further concerns regarding the sewerage works, saying that raw sewage could be released if flooding occurred. He added that flooding risk and the line of the river are points to consider and that the Council had a duty of care to people for whom it is granting planning permissions. He then raised concerns over drainage at the site, stating that the run-off will affect his property. He concluded by requesting the Committee to postpone a decision to look at the effects of flooding and tidal surge.

Councillor Mackay asked how many properties were to be built, and Mr MacIntyre responded that as this is an outline application the exact number is unknown. This would be defined in a detailed application. Mr Beaton advised that 5 houses would be proposed.

Councillor Mackay then referred to the sewerage works and queried whether the proposal would affect its location. Mr MacIntyre replied that there would be no effect on the location of the works.

Councillor Devon raised questions regarding flooding and sewerage, to which Mr MacFarlane responded saying there had always been concerns for this area and that the tidal surge phenomenon is growing.

Councillor Devon then asked Dr MacDougall to clarify the flood risk. Dr MacDougall stated that SEPA’s flood plan is indicative and that coastal flooding is the main concern. In terms of the site design the predicted flood levels were in excess of the 1974 flooding level. Furthermore sea level rise and additional river flow had also been taken into account.

Councillor McCuish asked for clarification in regard to planning gain. Mr MacIntyre said that developers are expected to contribute funding for roads / parking etc. Councillor McCuish asked whether, in the event of this being achieved, the development would be acceptable. Mr Livingstone responded that this would not allay any of the concerns over flooding, but that infrastructure improvements would be welcome.

Councillor McCuish then referred to the upgrading of the sewerage works and asked whether this was done to cope with the current level of demand, or to upgrade to take account of future development. Mr McLellan replied that the former was the case.

Councillor Robertson asked for clarification on “land raising” and was advised by the applicant’s agent that the foundations will be dug into the ground.

Councillor Robertson then asked about the frequency of flooding and was informed that every winter swans are swimming on Mr MacFarlane’s ground. The most recent incidence of flooding was during the Spring Equinox earlier in the year when the water was within 100 metres of the proposed site. Dr MacDougall stated that the sewerage works would flood before the proposed Page 12 development site.

Councillor Chalmers asked for confirmation that the proposal fits with the Local Plan. Mr MacIntyre stated that this is the case, the only issue is that of flood risk.

Councillor Chalmers asked Mr Beaton to confirm that a master plan for development of the site would be produced prior to development of the first house. Mr Beaton confirmed this to be the case.

Councillor MacIntyre asked if there had been any objection to the site designation at the time of the Local Plan consultation and was advised by Mr MacIntyre that there were no objections.

Councillor McCuish asked what the site is currently used for and was advised by Mr MacFarlane that the farmer has cattle on it and takes hay from it. It is also used as an overflow car park at the time of the Taynuilt Games.

Councillor MacKay asked Mr Beaton if information on flood risk would be provided to potential purchasers and was advised that this would be the case.

Mr Ian MacIntyre, summing up, stated that the application is wholly in line with policies, and recommended that the application be approved subject to the conditions set out in the report by the Head of Planning, as amended.

Mr Beaton said he had nothing to add to his earlier statement.

Mr McLellan said Taynuilt Community Council’s representations related to the overall infrastructure issues of the whole of Taynuilt and asked that Members take this on board.

Mr MacFarlane said he felt that the flood of 1974 will re-occur and that Scottish Water had been negligent in investing public money in a sewerage works on a flood plain. He concluded by stating that drainage and access issues should be taken into account.

The Chairman then asked if everyone felt they had had a fair hearing. All present, with the exception of Mr Livingstone, agreed that they had.

Councillor MacKay asked that his concern be noted in regard to the unacceptable behaviour of Mr Livingstone earlier in the meeting.

Decision:

It was unanimously agreed that the application be approved subject to the conditions, as amended, set out in the report by the Head of Planning.

Page 13 Agenda Item 3c

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the DUNGRIANACH, CRANNAIG-A-MHINISTEIR, OBAN on TUESDAY, 11 NOVEMBER 2008 TO CONSIDER PLANNING APPLICATION REF. 08/01300/OUT: MR MICHAEL J AND MRS ELAINE ROBERTSON

Present: Councillor Duncan MacIntyre (Chair)

Councillor Gordon Chalmers Councillor Mary-Jean Devon Councillor Donald MacDonald Councillor Neil Mackay Councillor Roderick McCuish Councillor Donald McIntosh

Attending: Charles Reppke, Head of Democratic Service & Governance Jane Gillies, Corporate Services John Heron, Technical Officer, Traffic & Development Neil McKay, Planning Manager Arlene Henderson, Planning Officer Michael Robertson, Applicant Allan Macaskill, Agent for Applicant

1. APOLOGIES FOR ABSENCE

None

2. DECLARATIONS OF INTEREST

Councillor Robertson, having previously declared an interest as the applicant, was not in attendance.

3. PROCEDURES

Mr Reppke outlined the procedures for the meeting.

4. REFERENCE FROM OBAN LORN & THE ISLES AREA COMMITTEE (08/10/2008): 08/01300/OUT: MR MICHAEL J AND MRS ELAINE ROBERTSON: ERECTION OF DWELLINGHOUSE – ANCILLARY ACCOMMODATION - DUNGRIANACH, CRANNAG A’MHINISTER, OBAN

The Chairman welcomed those present and invited Mr McKay, Planning Manager to speak to the application.

Mr McKay clarified the footprint of the proposed building and stressed that the building would be ancillary to the main house and not capable of being a separate ‘self catering’ property, adding that the angle of the access and the visibility to the left restricts the use to family and friends. He concluded that he recommended the application for approval.

Mr Macaskill, Agent for the Applicant, the application is for the erection of a dwelling house which will be ancillary to the main house, Dungrianach, ‘ancillary’ meaning providing additional supplementary accommodation which would be used by family and friends of the applicant. He advised Members that the Page 14 applicant no longer carry out their bed and breakfast business. Mr Macaskill referred to the Planning report which states that the proposal is consistent with the Development Plan and that no representations have been received, the reason for this application being before the Area Committee being that the applicant is a Councillor on that Committee, therefore the Area Committee have to determine the proposal. He continued saying that the proposal is consistent with Policy STRAT DC1 and STRAT HO1 and complies with HO21 and LP HOU1 of the Modified Finalised Draft Local Plan. Parking arrangements at the existing house will be improved by the removal of the roundabout which is situated in front of the proposed site. The Applicants accept the seven conditions attached to the Planning report, and are happy to enter into a Section 75 Agreement stating that the proposed dwellinghouse will not be sold off separately from Dungrianach and that the visibility splays at the junction with the public road shall be kept clear of obstructions commensurate with a 20 mph limit. Mr Macaskill then referred to Supplementary Report No.1 which was circulated the day before the meeting containing an eighth condition preventing the proposed dwelling having a kitchen or eating facilities which he said was unacceptable. He concluded saying he hoped the Committee would agree to approve the application as presented in the first report with the addition of the Section 75 pertaining to the visibility splays.

Mr Heron advised that he wasn’t aware that the application was for ancillary accommodation when raising concerns regarding the access to the site and as there will be no intensification there is no requirement to alter the access. He added that the Section 75 was proposed to ensure that verges are kept clear, that there is no problem with sight lines.

Mr Reppke advised that the ‘late’ report issued was to the benefit of the applicant and the planning department as it detailed the use of the proposed building. Mr Reppke added that the junction at present is suitable for ancillary use but that the access would require improvement if this was to be a separate dwelling.

The Chairman then invited question from Members.

Councillor McIntosh asked if Members could be supplied with a further report detailing the Section 75 wording and the conditions to be applied to the application.

Councillor Devon asked for clarification on ‘self catering’ and was advised that the ancillary accommodation could not be used by paying guests, it would be occupied only by family and friends.

Councillor Chalmers asked about intensification and was advised that this has been addressed in the Supplementary Report.

Councillor Mackay asked Mr McKay to distinguish between the dwelling and ancillary accommodation and Mr McKay said it was unusual for this type of accommodation to be detached. Mr McKay then described the proposed building as a detached extension to the house. Councillor Mackay then raised concerns about the lack of kitchen facilities in the proposed accommodation and asked the applicant if his family were all in good health, Mr Robertson said they were all well at present.

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Councillor McCuish asked about condition 8 and Mr McKay advised that if the proposed accommodation was attached to the house there would be no requirement for this condition.

Councillor McIntyre asked whether condition 8 could be removed if access and Section 75 Agreement were finalised, Mr Reppke advised that condition 8 could be removed if this was the case.

Councillor MacDonald said he was uneasy about condition 8.

Decision:

It was unanimously agreed that consideration of this application be continued to the next meeting of Oban Lorn & the Isles Area Committee on 3 rd December 2008.

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ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES CORPORATE SERVICES AREA COMMITTEE 3rd DECEMBER 2008 ______

UTILISATION OF CAPITAL RECEIPTS PENNYGHAEL COMMUNITY HALL ______

1.0 SUMMARY

1.1 The purpose of this report is to consider a request from the Pennyghael Development Association Ltd. For a contribution of £7,000 from the Council towards the cost of preparing a business plan and architects plans for the redevelopment of the Pennyghael Community Hall, Mull.

2.0 RECOMMENDATION

2.1 Members are asked to consider awarding Pennyghael Development Association a grant of £7,000 from the available capital receipts towards the cost of preparing a business case for the redevelopment of the Pennyghael Community Hall, subject to the Association’s application to the LEADER fund proving successful.

3.0 DETAIL

3.1 At the meeting of the Area Committee held on 5th November 2008 it was agreed to award a grant of £5,000 to the Pennyghael Development Association Ltd towards the cost of immediate and urgent repairs to the community hall, a former local authority building which was purchased by the Association in March 2007. It was further agreed that a request from the Association for funding of £7,000 towards the cost of preparing a business case for the redevelopment of the hall be continued for further information regarding the scope of the proposed business case. The proposal is to prepare a detailed business plan, backed up by market research, information from other similar operations and community consultation. The plan will contain details of the proposed facilities, their potential income and the overall runni9ng costs, with the aim of defining a self-financing community facility run as a sustainable social enterprise. This will allow the preparation of detailed architectural plans for the redevelopment of the hall as a community centre.

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3.2 The cost of the proposed study is £16,000. The Association will contribute £1,000 and has made application to LEADER for a grant of £8,000. The meeting to discuss the LEADER application will be on 12 th December, by which time the Association will be required to demonstrate that match funding is in place. An offer of grant aid of £7,000 from the Council would satisfy this requirement. The amount of funding currently available in the Capital Fund is £12,031.

3.3 If Members decide not to make any offer of grant it is likely that the application to LEADER would likewise be turned down and the Association would be unable to progress this first stage of their redevelopment proposals at this time.

4. IMPLICATIONS

Policy: None Finance: Within existing budgetary allocation Personnel: None Equal Opportunities: None

For further information contact: Kenneth Macdonald, Area Corporate Services Manager 01631 567902

Date: 20 th November 2008

Page 19 Agenda Item 3e

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

3rd DECEMBER 2008

OBAN, LORN & THE ISLES AREA STRATEGY (DRAFT)

1. SUMMARY Further to the previous revisions of the Area Strategy considered by the Committee there has been a further change in the templates designed to better align the area plans with both the Corporate Plan and service plan. It is recognised that this years Plan forms part of a transition period to the new format and the Committee, along with communities and services are expected to develop their priorities further during 2009.

2. RECOMMENDATION

1. That members note the revised templates and guidance in terms of items for inclusion 2. That members note the previous items which have been moved to the ‘future schemes’ list 3. That members consider the outcomes, actions and success measures suggested to ensure these represent members intentions 4. That members approve the draft area strategy and that, along with the Corporate Plan will now be subject to a period of consultation prior to approval by Council in February as part of the budget setting process.

3. BACKGROUND

3.1 The Area Strategy review is required to agreed by Area Committee as a ‘draft ‘strategy in December 2008. This will allow it to then be considered along with the draft Corporate Plan and service plans prior to final sign off by full Council in February.

3.2 There has been a fundamental shift in how the area plans are to be viewed. Rather than an aspirational document it is intended that, for the area delivery priorities, the content should be restricted only to those items which are fully developed, costed and focused. The intention in future years will be to start from a principle of what are the priority outcomes which the area committee want to achieve in the area, then specific actions will be identified. For this, the transition year, the existing “Area Priorities – Delivery” are being retained but Members need to be clear about what outcomes they are seeking to achieve through the priorities.

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3.3 Where the priority requires revenue spend to be made services are being asked to confirm whether they will be making an allocation of this spend within their service budgets. Where they are not then the Area Committee needs to consider making an “Area Development Bid” for the sum required. Where a bid is to be made the Area Committee are asked to identify where they would propose reducing spend in another area to meet the funding required.

3.4 Where the priority requires a capital spend then items can only be included where an Outline or Initial Business case has been undertaken.

4. Update / Changes to Current Plan

4.1 Liaison is being undertaken with appropriate services to identify where existing priorities are detailed and costed. Where existing priorities do not yet meet the detail required for inclusion in the new plan, they will require to be moved to a ‘future schemes’ list for consideration with the services in future years.

5. Items included within the plan

5.1 a) All of the existing Oban, Lorn & the Isles priorities, with the exception of the Salen-Tobermory Road improvements, are included within the recently finalised Outline Business Case for Oban Town & Waterfront Development and therefore fulfils the terms of paragraph 3.4 above. In the case of the Salen- Tobermory Road, this is already included within the Capital Programme and can therefore be retained in the Plan.

4. IMPLICATIONS

Policy Sets Area priorities for future years. Subject to yearly review. Financial Where a budget is not already in place, further development of the business case will be required. Personnel

Equal Opportunities

Legal

Community Clearly stated priorities many of which are identified through community consultation. Kenneth Macdonald Area Corporate Services Manager Oban, Lorn & the Isles 21 st November 2008 Leading Council Strategic Oban, Lorn & the Isles Area Priorities Camp aigning for Oban, Lorn & the Rural Area Objectives - delivery Isles

Environment – promoting • Waterfront / Harbour Development, Oban Infrastructure Outstanding our cultural, social and • Improvements to A82 Environment natural heritage and • Improvements to Transportation protecting our unique area Infrastructure

Developing the economy • Marina Development - Oban Social Change – affecting • Dunbeg Corridoor • Events and Festivals demographic change, caring for vulnerable Remote and island communities Page 21 people and lifelong learning • Enhanced Air Services – more frequent Vibrant services and development of links Communities • Enhanced Ferry Services • Removing barriers to travel – financial, routes Economy – creating an • Oban Town Centre Development – and timetabling attractive, well connected, Development Road • Affordable housing modern economy • Improvements to A848 Salen-Tobermory Road Service delivery challenges • Public Service Integration

Organisational • Office Rationalisation - Oban Forward Development – improving, Looking innovative, proactive and successful

Underpinned by our values and ways of working

Outstanding Environment Environment – protecting our unique area and promoting our cultural, social and natural heritage Area priorities What outcomes Main actions Completion Lead Targets Risks delivery are we trying to dates 2009/10 2010/11 2011/12 achieve

Waterfront / Ease pressure on, Develop Master Harbour and Increase the Plan for Oban Development - capacity of the Bay Oban waterfront. Provision of pontoon facility

Page 22 Development of Dependent upon yacht haven private input

Vibrant Communities Social change – affecting demographic change, caring for vulnerable people and lifelong learning

Area priorities What outcomes Main actions Completion Lead Targets Risks delivery are we trying to dates 2009/10 2010/11 2011/12 achieve

Dunbeg Construction of up Development of Lack of WHHA Corridoor to a further 800 necessary funding houses by West infrastructure. Highland Housing Association Promotion of Non-development by Dunstaffnage HIE Marine Park. Page 23

Vibrant Communities Economy – creating an attractive, well connected, modern economy

Area priorities What outcomes Main actions Completion Lead Targets Risks delivery are we trying to dates 2009/10 2010/11 2011/12 achieve

Oban Town Reduction of Construction of Centre congestion in the development Development town centre road.

Relief of pressure As above from heavy traffic to/from the Page 24 harbour Opening up of As above sites for residential, commercial and industrial developments Improvements Reduction of Upgrade the to A848 Salen- pressure on the existing, busy Tobermory single track road single track road Road to facilitate travel to high quality between the dual track Craignure ferry terminal and Tobermory.

Forward Looking Organisational development – improving, innovative, proactive and successful

Area priorities What outcomes Main actions Completion Lead Targets Risks delivery are we trying to dates 2009/10 2010/11 2011/12 achieve

Office Delivery of good Asset Strategy Ongoing Rationalisation - asset Oban management and customer service centre

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Main campaigning Topic Area topic Commentary theme

Infrastructure Roads network Upgrading of A82 Lobbying Scottish Government Improving Resources Lobby Scottish Government for resources to maintain road transportation network. infrastructure Transport Interchange Lobby Caledonian MacBrayne / Network Rail / Citylink for timetabling improvements. Developing the Yacht Haven Providing a pontoon Work with Port Users and the local community. economy Development – facility within Oban Bay

Oban Page 26 Events and Develop a range of Attract and support a range of events and festivals Festivals activities for locals and visitors Remote and Enhanced air Oban Airport Develop current service provision to include more frequent island services services and services to other destinations within and outwith communities Argyll and Bute.

Removing barriers Ferry / Rail / Bus Lobby for enhancement of services to travel – Services Oban Transport Hub financial, routes and timetabling

Access to/ support Sustainability of Work with communities (eg through Development Coll, Tiree for services remote and island Community Development Trust) communities.

6 Main campaigning Topic Area topic Commentary theme

Affordable housing Sustainability of Lobby Scottish Government, Housing Associations and and housing remote and island developers. support for communities. vulnerable isolated people Service Public service Shared services jobs delivery integration to Oban challenges

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OLI Area Strategy Priorities Local Outcomes OE OE OE OE VC VC VC VC VC VC FL FL FL FL FL 1 2 3 4 1 2 3 4 5 6 1 2 3 4 5 Outstanding Oban Town Centre and Waterfront X X X X X X X X Environment Development • Oban Development Road • Harbour Development

Vibrant Dunbeg Corridor X X Communities Improvements to A848 X X X

Forward Office Rationalisation – Oban Looking

Infrastructure Improvements to A82 X X X Page 28

Improvements to Transportation Infrastructure X

Developing Marina Development - Oban X X X the economy Events and Festivals X X X X X

Remote and Enhanced Air Services X X island communities Removing barriers to travel – financial, routes X and timetabling

Access to / support for services X X X X

Affordable housing X X

Service Public Service Integration X delivery challenges

Local indicators and targets

Local outcomes Relevant indicators Baseline Target Links to National Outcome s OE - high quality environment that is Increase recycling to 40% by 2010 >40% valued, recognised and protected 33.4% (2006/7) (2009/2010 OE ) 3, ,10, 12,

1 Landfill diversion target – reducing amount 18373 14 and 15 Page 29 26219 tonnes of biodegradable municipal waste (BMW) tonnes (2007/8) sent to landfill (2012/13) OE - the environment is respected Development of renewable energy sector OE as a valued asset that can provide 1, 2, 3, 12 tbd tbd 2 sustainable opportunities for and 14 business OE - an identity that is recognised OE and appreciated globally with a 2, 3 and

3 range of businesses that use the 14 high quality image OE OE - an area that is accessible, yet No of key interchanges improved or 1, 2, 7, 10, 12 28 4 retains its remote character refurbished 11, 14 and Network road condition indicator (excludes 2006-8 15 trunk roads) Red = 17% Improve Amber = 40% Green = 43% Road accidents: fatal and serious injuries 174 Down 40% (average 1994-1998) by 2010

9 Local outcomes Relevant indicators Baseline Target Links to National Outcome s Road accidents: slight injury casualties 380 Down 10% (average 1994-1998) by 2010 Road accidents: child killed or seriously 20.8 Down 50% injured (average 1994-1998) by 2010 VC - safe supportive communities Scottish Household Survey – maintain SHS (2005-6): 95% with positive culture and sense of positive perceptions of neighbourhoods A&B respondents pride in the area rated Increase neighbourhood as very good / fairly good 5, 6, 7, 8, VC

Percentage of care leavers aged 16-17 9, 10, 11 Page 30 1 achieving at least one qualification at and 15 55% 5% SCQF Level 3 (Average of previous three years given low numbers involved) Percentage of looked after and accommodated children who are in 25% 22% residential care VC - well balanced demographically GRO mid-year data – average net 2002/6 >0 with young people choosing to stay migration of young aged 16-24 -329 VC or move to the area GRO mid-year data – ‘Young’ age cohorts Aged 0-15 = 2 and 15 2 as proportion of total population 17.17% Increase Aged 16-24 = 9.72% VC - vibrant local economy that is VC based on core attributes of the area, 4, 10, 11

3 flexible and open to new and 12 opportunities VC VC - a sense of history with a view 4, 12 and

4 to the future 13

10 Local outcomes Relevant indicators Baseline Target Links to National Outcome s VC - housing that is appropriate and Secure more than 2300 new houses 2006-7: affordable with local people able to (including at least 500 affordable houses) New builds: 2300 1, 2, 5, 6, participate in the housing market All sectors = 308 7, 8, 10, Number of children in temporary 66 as at 25/05/08 VC 11, 12 and accommodation Reduce 5 15

1 in B&B as at Children in Bed and Breakfast 0 25/05/08 accommodation Number of repeat homelessness cases 2.43% 2007/08 2.43% VC VC - high quality public services and Increased levels of net in-migration to 2002/6 1, 2, 3, 4, >250 6 leisure/community facilities that Argyll and Bute (GRO Mid-Year estimates) 461 5, 6, 7, 8,

attract people to settle in Argyll and Increase attainment in age 5-14 age range Primary 9, 10, 11, Page 31 Reading = 84% Bute Writing = 79% 12, 14 and Maths = 85% 15 Secondary Increase Reading = 65% Writing = 48% Maths = 61% Attainment levels in national qualifications By the end of S4: English and Maths 95% 5+ Level 3 = 95% 5+ Level 4 = 83% 5+ Level 5 = 36% By the end of S5: 3+ Level 6 = 21% Increase 5+ Level 6 = 9% By the end of S6: 5+ Level 5 = 57% 3+ Level 6 = 35% 5+ Level 6 = 22% 1+ Level 7 = 16%

11 Local outcomes Relevant indicators Baseline Target Links to National Outcome s Literacy and numeracy rates P2 pupils achieving Level A: Reading 46% Writing 48% Maths 88% Percentage of pupils with Increase a Level 3 qualification or better by the end of S6 in: English and Maths 96% JPIAF – percentage of users feeling safe New for 2008/09 100% JPIAF – percentage of users satisfied with their involvement in the design of care New for 2008/09 100% packages

JPIAF – percentage of users satisfied with Page 32 New for 2008/09 100% opportunities for social interaction No of assessments waiting over 56 days for 0 ( 31 st 235 ( 31 ST March completion March 2008) 2009) FL - communities that are culturally FL1 rich with a desire to excel FL - proactive communities where 6, 7 and FL2 local people and organisations look 10 for and create opportunities FL - decentralised public sector with Increase range of services available from 2, 3, 6, 7, more delivery of high quality customer service centre and online FL3 10, 11 and ‘professional’ services from Argyll Monitor customer satisfaction through >Scottish

12 Local outcomes Relevant indicators Baseline Target Links to National Outcome s FL - communities that learn and use Provide community based adult learning 5500 that knowledge opportunities for over 5500 people 2, 3, 4, 10, FL5 Number of social enterprises 105 by Dec 11 and 15 90 2011

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OLI Area Plan – Future Schemes

01. School catchment boundaries – to re-define and re-establish to help pupils to attend nearest Primary, reduce travel and minimise crossing over. 02. Dalmally street lighting provision 03. Toilet provision – encourage premises to welcome general public use eg OLTA involvement, licensed trade involvement etc. 04. Tobermory toilet closure – alternative provision 05. Parking provision in Oban 06. Closed shops and other premises in Oban eg Harbour Bowl, Glassworks etc – how can they be encouraged back into productive use? 07. Dungallan Park wall 08. Possible footbridge Soroba to Dalintart 09. Dunbeg Community Centre etc 10. Luing & Easdale Islands – enhanced access/STAG process. 11. Lismore ferry – future situation/STAG process. 12. Signage on Mull roads 13. Coll and Tiree roads improvements. 14. Arinagour village improvements. 15. Asset Register of all Council and Public properties in Oban – potential for meeting community requests for premises for social and leisure pursuits? 16. Future of long term care on Mull 17. Mull roads – weight restrictions – to develop a phased upgrading programme for removing these. 18. Airport links – future enhancements to be encouraged. 19. LIDG Hospital future development of in-house services to be supported. 20. Fire Station – is there capacity for Ambulance service integration on the site? 21. Oban High School entrances. 22. General infrastructure improvements required to minimise development constraints 23. Dunstaffnage Marina access improvements 24. Argyll Square – fountain restoration to be explored. 25. Station Square – to consider canopy provision to enhance pedestrian area and provide shelter. The proposed Transport Hub will have future implications. 26. Stafford Street – remove flower bed and extend pedestrian area for possible continental café type usage? 27. Eadar Glynn care home – long term retention to be considered. 28. Ossians care home – ensure replacement facility in place. 29. New school for Dunollie/Dunbeg on the horizon in view of developments. 30. Tourism development – initiatives to be encouraged. 31. Saulmore golf course approved and development to be encouraged. 32. Dunollie Heritage Centre - of national significance. 33. Ambulance service in remote areas to be considered. 34. Oban to Ft William cycle track construction continuing. 35. To consider platform walkway construction inside harbour wall between North and Railway piers in Oban Bay to encourage tourists. 36. A85 Innis Chonain Bridge - to replace/restore to 2 way operation. 37. Kerrera issues. 38. Mull street lighting issues eg Salen Page 36

39. Parking improvements at Port Appin – ground procurement progressing. 40. An Cridhe – Coll project under preparation.

Page 37 Agenda Item 4a

ARGYLL AND BUTE COUNCIL Oban, Lorn & The Isles Area Committee COMMUNITY SERVICES 3 rd December 2008

GLENCRUITTEN HOSTEL

1. SUMMARY

1.1 This report provides an update on progress in relation to the development of the service within Glencruitten Hostel.

2. RECOMMENDATION

2.1 The Members are asked to note the progress made in relation to the service within the Hostel.

3. DETAIL

3.1 Glencruitten Hostel provides a service to 85 pupils who attend Oban High School. Plans are currently in place to undertake significant structural upgrading to the building to ensure compliance with regulatory requirements and to modernise key aspects of the provision. Parallel to this process a review has been undertaken to ensure that the service provided in this Hostel continues to meet the needs of the young people who stay there.

3.2 The review identified a range of areas which could benefit from updating and these included: the environment of the building which covered issues such as décor, catering and cleaning, and institution of personal plans for the pupils; the provision of an educationally rich environment including a close working relationship with Oban High School; staff development and training; and the updating of policies and procedures.

3.3 This plan was developed with staff and discussed with parents in a series of visits to the islands by the Unit Manager and Service Manager during the summer holidays. There are plans in place for these visits to be repeated before Christmas to ensure that families are kept up to date with developments.

3.4 Work on the points of action within the plan has been continuing over the summer holidays with a review of progress being completed in the first week in September. This review indicates that progress has been made across a range of areas and that there are plans in place to address outstanding items.

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In addition an inspection of the Hostel was undertaken by the Care Commission during October 2008. This inspection report is at the draft stage at the time of writing. The overall grade being given following this inspection is that of ‘adequate’ with a number of positive comments in respect of the improvement activity that is underway. This report will assist in developing those aspects of the service that have been identified as requiring modernisation and improvement.

3.5 It is envisaged that partial closure of the Hostel will begin from January 2009. Plans for alternative arrangements are being put in place to minimise any potential description to pupils with temporary accommodation being made available for up to 24 pupils within the Hostel grounds, with a further 20 pupils being accommodated in the part of the building that is not being worked on. This may be supplemented by family based accommodation within the Oban area if families have wider family, or friends that would be willing to provide this.

4. CONCLUSION

4.1 The Hostel is currently on a phase of modernisation and upgrading which is covering both the building and the way the service is provided. Plans are well established for the building works and progress is being made in relation to the service issues. Work will continue in both these areas in the run up to January 2009. It is recognised that close liaison with families will be very important in the coming period and a further series of visits to the island to meet parents is planned for before Christmas, building on the visits that took place in the summer holidays.

5. IMPLICATIONS

Policy: The upgrading of service at the Hostel will support the Council’s drive to sustain rural communities

Finance: The modernisation is a result of significant investment by the Council.

Personnel: Nil

Legal: Nil

Equal Opportunities: Nil

Director of Community Services

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For further information please contact:

Douglas Dunlop Head of Children and Families Tel: 01546 604256

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This page is intentionally left blank Page 41 Agenda Item 5a

DEVELOPMENT SERVICES Ward Number - 5 PLANNING APPLICATION REPORT Date of Validity - 14th April 2008 Oban, Lorn and the Isles Area Committee Committee Date - 3rd December 2008 ______

Reference Number: 08/00647/DET Applicants Name: Duncan and Elizabeth Bell Application Type: Change of Use Application Description: Change of use from house to house of multiple occupancy Location: 56 Croft Road, Oban ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Change in use of dwelling to house in multiple occupancy

______

(B) RECOMMENDATION

I recommend that planning permission be granted subject to the standard conditions and reason

______

(i) Development Plan Context:

The application site is located within the Lorn Local Plan (2 nd alteration) 1993 settlement inset map for Oban wherein various policies exist establishing the principle of housing within the main town of Oban. This is an application for a change of use of an existing dwelling house into a house in multiple occupancy (HMO) and it is considered that there are no policies relevant to the determination of this application. There is in fact no adopted policy or policy guidance on how the Council should consider such applications.

Paragraph 20 of Circular 4/2004 entitled ‘Houses in Multiple Occupation – guidance on the interface between planning control and licensing’ produced by the Scottish Government states that ‘As far as the development plan policies on HMOs are concerned, planning authorities are asked to bear in mind the important role the HMO sector plays in providing residential accommodation for certain groups. Attention is also drawn to the requirements of the HMO licensing system. Where issues relate to the landlord or tenants, such as maintenance or noise, planners should take account of the controls offered by HMO licensing. They should also be clear that all kinds of people may live in HMO accommodation, and it is not necessarily the case that HMO residents would cause more disturbance than other types of household who might occupy the property’. It is considered that in the absence of adopted council policy and guidance on HMOs that this guidance provided by the Scottish Government should be given considerable weight whilst determining this application. Central government policy on planning issues is a material consideration, particularly in the form of circulars,

In land use planning terms, houses come within Class 9 of the Use Classes Order and there is a material change to the use of the property where a house is occupied by 6 or more unrelated people, including a household where care is provided for the residents, and planning permission is required. When considering applications for HMOs it is important to understand that many of the concerns can be more

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appropriately dealt with through the licensing regime which is administered by the Councils Legal and Protective Services who are responsible for controlling standards within HMOs. It is important to note that a licence may be granted for any period up to three years and that it is a criminal offence to operate a HMO without a license. Legal and Protective Services can assess the suitability of the property owner to be a HMO landlord; the overall management of the premises; and the physical condition and facilities of the accommodation. It is considered that this proposal is satisfactory in land use planning terms and that Environmental Health in issuing an HMO licence have more regulatory powers available for the ongoing management of HMO’s. .

(ii) Representations:

8 letters of representation have been received objecting to the proposal.

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

None

(iv) Reasoned Justification for a Departure to the Provisions of the Development Plan.

No departure

(v) Is the Proposal a Schedule 1 or 2 EIA development:

(vi) Does the Council have an interest in the site:

(vii) Need and Reason for Notification to Scottish Ministers.

None

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(viii) Has a sustainability Checklist Been Submitted:

No, a checklist was not required or submitted.

Angus J Gilmour Head of Planning 12 th of November 2008

Author: Lesley Cuthbertson Reviewing Officer: Ian McIntyre

Angus J Gilmour Head of Planning

NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll-bute.gov.uk

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 08/00647/DET

1. That the development to which this permission relates must be begun within five years from the date of this permission.

Reason: in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. Prior to the approved change of use taking place on site full details of a turning area and parking provision for 9 cars within the curtilage of the dwellinghouse drawn up in consultation with the Council's Area Roads and Amenity Services Manager shall be submitted to and approved in writing by the Planning Authority. The parking and turning area shall be provided prior to the approved change of use taking place at the dwelling.

Reasons: In the interests of road safety.

3. That the existing access at the site shall have visibility splays of 35m x 2m in each direction formed from the centre line of the existing access. Prior to work starting on site, these visibility splays shall be cleared of all obstructions over 1.05m in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over 1.05m in height in perpetuity

Reasons: In the interest of road safety, in order to ensure that the proposed house is served by a safe means of vehicular access.

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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/00647/COU

MATERIAL CONSIDERATIONS AND ADVICE

(i) POLICY OVERVIEW AND MATERIAL ADVICE

Draft Argyll and Bute Local Plan, Post Inquiry Modifications, November 2008 LP ENV 1 – Requires that all development should protect, restore or where possible enhance the established character and local distinctiveness of the local landscape in terms of location and scale.

Scottish Government Circular 4/2004 ‘Houses in multiple occupation – Guidance on the Interface Between planning Control and Licensing’ – Provides guidance on the implications for development plan policies on HMO

Note (i): The applicable elements of the above Policies have not been objected too or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

My Department received an enquiry in March 2008 regarding works being carried out at the dwelling which is the subject of this application. My Department proceeded to investigate this enquiry which has now resulted in this application being submitted seeking planning permission for a change of use at the dwelling. Internal works at this dwelling do not require planning permission and are not the subject of this application.

(iii) CONSULTATIONS

• Area Roads (07.05.2008, 30.05.2008, 10.10.2008) – have raised no objections subject to conditions re parking and visibility. • Environmental Health (05.06.2008, 14.10.2008) – Have raised concerns and are of the opinion that there is a potential for loss of amenity at Croft Road should the change of use take place.

(iv) PUBLICITY AND REPRESENTATIONS

Neighbours notified in accordance with Article 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

In total, 8 letters of objection to the current proposal have been received from: Colin Bullock and Gillian Watson, Roseacre, Croft Road (received 02.05.2008); John and Barbara Porter, Tigh Buidhe, Croft Road (received 28.04.2008); A & F Brydon, Erraid, Croft Road, PA34 5JN

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(received 24.04.2008); Rob and Emma Harrington, Dunshee, Croft Road, PA34 5JN (received 24.04.2008): Donald and Micheal Macmillan, Sunnybank, Croft Road, PA34 5JN (received 28.04.2008): Mr and Mrs McQuade, Heatherbrae, Croft Road, PA34 5JN (received 28.04.2008): Mr and Mrs I Mac Ara, Colonsay Cottage, Croft Road, PA34 5JN (received 23.04.2008): David W Livingston, Eglantine, Croft Road, Oban, PA34 5JN (received 28.04.2008). The various issues raised are summarised as follows:

• We are concerned that if we are to sell the property that it could be difficult if problems are to arise from a neighbouring ‘multiple occupancy’ property.

Comment: Property Values are not a material planning consideration.

• Noise levels, security issues, anti-social behaviour, are also of concern.

Comment: Assumptions cannot be made as to the behaviour of future occupants who may reside at the property. There are sanctions available that can be implemented against individuals who may cause noise or annoyance and these are contained in anti-social behaviour legislation. It is considered by my department that the prospect of anti-social behaviour occurring is not a material planning consideration.

• Multiple occupancy is not in keeping with the settled nature of the area.

Comment: Although the area is predominantly residential in nature, Properties offering B&B facilities are present and so it is considered that the introduction of 1 HMO in the area would not alter the existing character of the area.

• There is not sufficient parking within the grounds of the house.

Comment: As requested by Area Roads the applicant has submitted a plan showing the proposed car parking provisions. This submitted plan shows 6 proposed parking spaces and shows that there is adequate space for further additional spaces to be provided if necessary. Area Roads have not objected to this proposal and have recommended approval subject to conditions. A condition would be attached in order to ensure parking and turning for 9 vehicles and adequate visibility splays as requested by the Area Roads Department. Area Roads have raised no other issues to this proposal.

• We would not know who was coming and going which would be an unacceptable situation for us.

Comment: The types of occupants residing at a property is not a material planning consideration.

• We are very concerned of the visual impact of a property shared by multiple occupants, with an absentee landlord who would not care for the property in the way he or a long term tenants might.

Comment: The maintenance of an un-listed building is not a material planning consideration. Legal and Protective Services can assess the suitability of the property owner to be a HMO landlord; the overall management of the premises; and the physical condition and facilities of the accommodation.

• We know of no other residential area in Oban where a house of multiple occupancy has been allowed. If permission is granted here, does this then mean it would be allowed to happen in other similar area? We would be very disappointed to find that this could be so.

Comment: This is an application that will be considered on its own merits. Government Advice contained in Circular 4/2004 requires planning authorities to recognise the importance of HMOs in the housing market along with the controls available under licensing, there is an implication that planning authorities should be sympathetic to planning applications for HMOs.

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• The resulting loss of visual amenity to surrounding properties could in itself have a detrimental impact on property values.

Comment: This comment assumes that the application will result in a loss of visual amenity. Property values are not a material planning consideration.

• Multiple occupancy creates multiple activities and multiple behaviours which then lead to unsocial and antisocial behaviour.

• An increased number of transient tenants in the area increases security risks.

• The owner of the property will be an absentee landlord with little or no control over the tenants living in the property.

Comment: Occupants residing at the property are not a material planning consideration. Legal and Protective Services can assess the suitability of the property owner to be a HMO landlord; the overall management of the premises; and the physical condition and facilities of the accommodation.

• We are concerned at the number of single male occupants in the property. We are concerned that Croft Road and Longsdale house a high percentage of young families and elderly people and they will be possibly exposed to predatory males, in particular.

Comment: Occupants residing at the property are not a material planning consideration. Assumptions cannot be made as to the behaviour of future occupants who may reside at the property

• The applicant has already shown little regard for regulations by carrying out considerable fire precaution work before any application was made.

Comment: The property is not a listed building and therefore internal alterations do not require planning permission. This is not a material planning consideration.

• A similar application I believe was recently refused in Polvinster and I trust therefore a similar criteria will apply in this instance.

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APPENDIX B – RELATIVE TO APPLICATION NUMBER: 08/00647/COU

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site is situated within land which is zoned as settlement by the Draft Argyll and Bute Local Plan, Post Inquiry Modifications, November 2008. The dwelling which is the subject of this application is situated in a residential area where the houses are mixed in tenure and type and consist mainly of one and a half-storey dwellings with reasonable garden space afforded to each dwelling. There is in fact the odd bed and breakfast use present in the immediate locale.

The dwelling which is the subject of this application has a floor area of approximately 161 square metres and the floor area of the curtilage surrounding the dwelling measures approximately 906 square metres. It is considered that this large curtilage is more than adequate and complies with guidance contained in Appendix A of the Draft Argyll and Bute Local Plan, Post Inquiry Modifications, November 2008which states that all development should have some private open space (ideally a minimum of 100 sq metres). This existing dwelling has private open space which fulfils this guidance.

At present there are no other known HMO’s in the surrounding area and it is considered that the introduction of an HMO would not cause any detriment to the overall settlement character of the area in that the proposed development does not require planning permission for physical development as such and is merely seeking planning permission for a change of use within the property.

It is considered that the proposed change of use at an existing property in an area which has B&B facilities available would cause no detriment to the existing established character of the area. It is considered that this proposal conforms to the considerations contained within Policy LP ENV 1 of the Draft Argyll and Bute Local Plan, Post Inquiry, Modifications, November 2008.

B. Location, Nature and Design of Proposed Development

Plans which have been submitted in support of this application show that the dwelling house has a total of 6 bedrooms which would suggest that the dwelling has the potential to house at least 6 unrelated occupants.

It is understood that internal alterations are currently taking place at the property with a view to implementing this change of use should planning permission be granted. However, these internal alterations do not require planning permission. HMO accommodation is usually provided within existing buildings and therefore the main planning permission required is that for a material change of use of a property. Under Class 9 of the Use Classes Order a house is a dwelling which is occupied by a single person or any number of persons living together as a family and use as a house by no more than 5 unrelated persons living together as a single household. Therefore there may be a material change of use if a house is occupied by 6 or more unrelated people. It is considered that proposals for multiple occupation of a house that requires planning permission should only be supported where it will avoid negative impact to traffic or pedestrian safety on account of increased parking pressures; and it will avoid negative impact on residential amenity. In this regard, each proposal must provide adequate refuse storage space, garden ground and car parking. In this instance, it is considered that the large curtilage surrounding the dwelling, which measures approximately 906 square metres, can almost definitely provide adequate storage space, garden ground and car parking. It is considered that the provision of one HMO in this area would not result in excessive concentration of such uses to the detriment of the character of the local area.

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C. Road Network, Parking and Associated Transport Matters.

As requested by Area Roads the applicant has submitted a plan showing the proposed car parking provisions. This submitted plan shows 6 proposed parking spaces and shows that there is adequate space for further additional spaces to be provided if necessary. Area Roads have not objected to this proposal and have recommended approval subject to conditions. A condition would be attached in order to ensure parking and turning for 9 vehicles and adequate visibility splays as requested by the Area Roads Department. Area Roads have raised no other issues to this proposal.

D. Other Material Considerations

Environmental Health have however raised concerns over this proposal. In their original response dated the 5 th of June 2008 Environmental Health have objected to this application on the grounds that the introduction of a commercial activity into the heart of a residential area is likely to give rise to concern and complaint and therefore existing properties will suffer loss of amenity. In 2000 a new order under the Civic Government (Scotland Act) 1982 was made, making it obligatory for all authorities to introduce an HMO licensing scheme. Guidance is produced from the Scottish Government on this licensing scheme. The licensing of HMO’s seeks to control standards in three main areas: the suitability of a property owner to be an HMO landlord, his management of the premises, and the physical conditions and facilities of the accommodation. A licensing authority has discretion to set any reasonable conditions it thinks fit. It is considered by my Department that any impact on the living conditions of the neighbouring properties as suggested in Environmental Health’s comment above, would be controlled under HMO licensing and is outwith the remit of planning control. My Department is satisfied that this proposal would have sufficient refuse storage space, garden ground and car parking and so in land use planning terms there would be no loss of amenity to neighbours. It is therefore considered that the main issue arising from this particular application is the kind of people who may live in HMO accommodation. Environmental Health are the Department who have control over the overall management of HMO’s under their licensing regime and it is considered that planning cannot stipulate how households and domestic properties are managed internally. In Circular 4/2004 issued by the Scottish Government it is infact advised that planners should be clear that all kinds of people may live in HMO accommodation, and it is not necessarily the case that HMO residents would cause more disturbance than other types of household who might occupy the property

Further to this objection being received by my Department the applicant has had many discussions with the Environmental Health Department and has obtained a letter from the Scottish Association for Marine Science (SAMS which states that they have accepted the dwelling , which is the subject of this application, onto their internal accommodation database that is accessible to staff, students and visitors to the library. SAMS have stated in this letter that they have recommended to the applicant that they consider having a lead tenant who acts as a kind of warden on behalf of the landlord who intends to make their stay long term, say a 3 year post graduate student. It is considered by my Department that the applicant is being extremely co-operative and does not want to introduce noise and disturbance to the area in any form. However, it is considered that planning legislation cannot dictate what kind of people can reside in HMOs or any other property for that matter and this is indeed a matter for Environmental Health to take on board whilst considering applications for HMO licenses.

Environmental Health have further commented in an e-mail to my Department on the 14 th of October 2008 that ‘The applicants further submission relies on management control and I am still of the opinion that there is a potential for loss of amenity at Croft Road should the change of use take place’. It is the view of my Department that the applicant is being more than co- operative and that Environmental Health are against the concept of HMOs in general and would perhaps not support any planning application for an HMO in any residential area. My

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Department considers that in the absence of adopted local policy on HMO’s that guidance produced from the Scottish Government should be used be used in determining such applications and that Environmental Health’s reluctance to support such applications should not be the determining factor.

Further to this response I have asked Environmental health to define what specifically is meant by the existing properties will suffer loss of amenity. In this regard no assumptions can be made on types of occupants as this is essentially a ‘management’ issue and my Department is therefore at a loss in terms of this objection. Particularly by the comment made by environmental health that this is not a commercial area as there are indeed B&B’s in the vicinity. My Department is presently awaiting a response from Environmental Health on their specific and definitive concern in terms of loss of amenity together with supporting information that is not based on a potential management issue relative to house occupants ‘which is covered by separate lease conditions’.

L. Other Scottish Executive Advice

The Scottish Government issued Circular 4/2004 entitled ‘House in Multiple occupation – Guidance on the Interface between Planning Control and Licensing’ in September 2004 to provide local authorities with a brief background on the licensing scheme for houses in multiple occupation and guidance on the implications for development plan policies on HMOs. Paragraph 20 of the Circular states that ‘As far as the development plan policies on HMOs are concerned, planning authorities are asked to bear in mind the important role the HMO sector plays in providing residential accommodation for certain groups. Attention is also drawn to the requirements of the HMO licensing system. Where issues relate to the behaviour of the landlord or tenants, such as maintenance or noise, planners should take account of the controls offered by HMO licensing. They should also be clear that all kinds of people may live in HMO accommodation, and it is not necessarily the case that HMO residents would cause more disturbance than other types of household who might occupy the property.’

Paragraph 21 of the Circular states that ‘Whilst these points do not mean that the planning system can ignore issues which are addressed by the HMO licensing system, it is important for planning authorities to strike an appropriate balance in the level of control in their policies taking onboard the importance of HMOs in the housing market and the controls available under HMO licensing. When reviewing such planning policies, authorities should bear in mind that existing policies were drawn up when the planning system was seen as the only means of controlling HMOs and may be more restrictive than is now necessary.

In view of the fact that Government guidance requires planning authorities to recognise the importance of HMOs in the housing market along with the controls available under licensing, there is an implication that planning authorities should be sympathetic to planning applications for HMOs.

M. Conclusion.

This is an application for a change of use of an existing dwelling house into a house in multiple occupancy (HMO) and it is considered that there are no policies relevant to the determination of this application. There is infact no adopted policy or policy guidance on how the Council should consider such applications. In the absence of such policy we must therefore look to Government Advice when determining such applications

The Scottish Government in this guidance realises HMOs provide affordable accommodation for those working and studying in Scotland who are unable to buy their own property due to their circumstances and/or the high price of property. The Scottish Government realises that the provision of HMO’s is necessary in our environment and that where issues relate to the

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behaviour of the landlord or tenants, such as maintenance or noise, planners should take account of the controls offered by HMO licensing.

In this instance it is considered that the dwelling and surrounding curtilage can successfully undergo the proposed change of use in land use planning terms and that social issues arising from this proposal can be more appropriately dealt with through HMO licensing which the applicant will have to go through before operating an HMO from the dwelling.

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This page is intentionally left blank Page 53 Page 54

This page is intentionally left blank Page 55 Agenda Item 5b

DEVELOPMENT SERVICES Ward 5 – Oban, North & Lorn PLANNING APPLICATION REPORT Date of Validity - 18 July 2008 Oban, Lorn and the Isles Area Committee Committee Date - 3 December 2008 ______

Reference Number: 08/01327/DET Applicants Name: Tom MacLennan as Trustee of Andrew Sandilands. Application Type: Detailed Planning Permission Application Description: Erection of 5 Dwelling houses Location: Land East of Cuil Daroch, Glen Euchar, Argyll. ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of 5 Dwelling houses. • New Vehicular Access

(ii) Other specified operations.

• ‘Biodisc’ system and soakaway • Provision of private water supply

______

(B) RECOMMENDATION

REFUSE Detailed Planning Permission for the reasons contained in the report.

______

(i) Development Plan Context:

The application site is located within an area of ‘Sensitive Countryside’ where Structure Plan Policy STRATDC5 states that, within Areas of ‘Sensitive Countryside’ encouragement shall be given to small scale infill, rounding off, redevelopment proposals and/or change of use of buildings. In special cases development in the open countryside may be supported if it accords with an Area Capacity Evaluation (ACE).

However, given that the proposed development does not meet the criteria of infill, rounding off, redevelopment or change of use of a building and no substantiated special circumstances claim has been made and as the development proposed is contrary to the established settlement pattern of the area, the proposal is contrary to Policy STRAT DC5 of the Structure Plan.

With regards to adopted Local Plan Policy as contained in the Lorn Local Plan, the principle policy assessment relates to Policies RUR1 & RUR2 as the application site lies within Loch Scammadale Local Scenic Area. It is considered that the proposal will have an adverse environmental impact (both landscape and visual) on the Local Scenic Area, by virtue of it being contrary to the existing settlement pattern, introducing a new use in an open area of valley floor typified by localised groups of dwellings centred on farm steadings. Furthermore, the proposal has not been justified in respect of the criteria listed in Policy RUR2, as such the proposed development does not comply with Policies RUR1 or RUR2 of the adopted Lorn Local Plan.

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Policy LP ENV19 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008 is also applicable to the proposal. Policy ENV19 requires new developments to incorporate a high standard of design in accordance with the Councils Sustainable Design Guide and Appendix A criteria, namely setting, layout/density and design. Given that the proposal is deemed to have an adverse environmental impact and is of poor design quality (where development in Sensitive countryside requires enhanced design) and of a poor regimented layout, the proposal is not considered sustainable. As such , the proposal is contrary to the provisions of Policy ENV19.

Policy LP HOU1 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008 is also applicable to the proposal Policy LP HOU1 states the there is a general presumption against housing development when it involves in the countryside development control zones.Housing development, for which there is a general presumption against, will not be supported unless an exceptional case is successfully demonstrated in accordance with those exceptions listed for each development control zone in the justification for this policy. The exceptions for Sensitive Countryside restricted to small-scale housing development in close proximity to existing buildings in infill, rounding-off, change of use of building and redevelopment sites. This proposal does fulfil any of the above exceptions. As such , the proposal is contrary to the provisions of Policy HOU1.

(ii) Representations:

3 letters of representation have been received (one countersigned by 8 signatories), the details of which may be found at Appendix A of this report.

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

There is no need for a non-statutory or PAN 41 Hearing.

(iv) Reasoned Justification for a Departure to the Provisions of the Development Plan.

The Planning Service is recommending refusal of this application, consequently there is no necessity to provide justification for departing from the provisions of the Development Plan.

(v) Is the Proposal a Schedule 1 or 2 EIA development:

The proposal is not a Schedule 1 or 2 EIA development.

(vi) Does the Council have an interest in the site:

The Council does not have an interest in the site.

(vii) Need and Reason for Notification to Scottish Ministers.

This application does not require to be notified to Scottish Ministers .

(viii) Has a sustainability Checklist Been Submitted:

No sustainability checklist was requested.

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Angus J Gilmour Head of Planning 4 November 2008

Author: Andrew Swain 01631 567977 Date: 4 November 2008 Reviewing Officer: Ian McIntyre 01631 567951 Date: 17 November 2008

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REASONS FOR REFUSAL RELATIVE TO APPLICATION: 08/01327/DET

1. The application site is located within ‘Sensitive Countryside’ where in terms of Approved Structure Plan 2002, Policy STRAT DC5, development is restricted to infill, rounding off, redevelopment or change of use of buildings. The proposed development does not meet the definition of infill, rounding off or redevelopment as defined in the Modified Finalised Draft Local Plan 2006. Therefore, unless, a ‘Special Case’ can be substantiated, which requires an Area Capacity Evaluation (ACE), development in the open countryside within ‘Sensitive Countryside’ cannot be considered consistent with Policy.

The ACE established an area of common landscape character, between the west end of Glen Scammadale at the entrance to the Glen off the A816 and the head of the glen where there is a Rural Opportunity Area. The Ace compartment defined itself by reference to extent of the ‘Sensitive Countryside’ The settlement pattern along this area is of distinctive nodes comprising farm steadings. This proposal does not fir with this established settlement pattern.

Accordingly, for the reasons stated above, the proposal would have an adverse environmental impact. It is not considered that landscaping would make the development more acceptable due to its location on open ground, unrelated to existing established nodes of other similar types of development.

Hence, the proposed development does not accord with Policy STRAT DC5 of the Approved Structure Plan 2002.

2. With regards to adopted Planning Policy as contained in the Lorn Local Plan the proposed development is contrary to local plan policy with respect to development not within Inset Maps or within in the Oban Catchment Area as detailed in Policy HO23. This policy provides that developments not within the Inset Maps or the Oban Catchment Area new dwellinghouses must be limited to infill, rounding off and redevelopment related to the existing built form. This proposal does not constitute infill, rounding off or redevelopment. The proposal is therefore inconsistent with Policy HO23.

With regards to adopted Planning Policy as contained in the Lorn Local Plan, the principle policy assessment relates to RUR1 & RUR2, as the application site lies within the Loch Scammadale Local Scenic Area. It is considered that the proposal will have an adverse environmental impact on the Local Scenic Area, by virtue of it being contrary to the existing settlement pattern of the area, as stated in the grounds for refusal in STRAT DC5 above. Furthermore, the proposal has not been successfully justified in respect of the criteria listed in Policy RUR2, and as such the proposed development does not comply with Policies RUR1 or RUR2 of the adopted Lorn Local Plan.

3. With regards to the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008, the provisions of Policy HOU 1 are applicable. Policy HOU1 provides that new dwellinghouses in Sensitive Countryside must be limited to infill, rounding-off, change of use of buildings and redevelopment sites. Given that the proposal is deemed not to constitute infill, rounding-off, change of use of buildings or redevelopment as stated in the grounds for refusal in STRAT DC5 above. The proposal is therefore inconsistent with policy HOU1.

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4. The proposed development is also contrary to Policy ENV19 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008. This Policy requires new developments to incorporate a high standard of design in accordance with the Councils Sustainable Design Guide, Appendix A, and certain criteria, namely setting, layout/density and design. Given that the proposal is deemed to have an adverse environmental impact as stated in the grounds for refusal in STRAT DC5 above and given that the proposed development would not benefit from landscaping, it is therefore not considered to be sustainable and is therefore considered contrary to the provisions of LP ENV19.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01327/DET

MATERIAL CONSIDERATIONS AND ADVICE

(i) POLICY OVERVIEW AND MATERIAL ADVICE

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

Argyll and Bute Structure Plan 2002

STRAT DC5 – States that within Areas of ‘Sensitive Countryside’ encouragement shall be given to small scale infill, rounding off and/or redevelopment proposals. In special cases development in the open countryside may be supported if it accords with an Area Capacity Evaluation (ACE). Small Scale development is defined up to 5 dwellings or less.

STRAT DC 9 Historic Environment and Development Control

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument, or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation are or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

Lorn Local Plan

Policy HO 23 - states that outwith the inset maps and the Oban Catchment Area the Council is in favour of single or small scale residential development, providing there are no infrastructure, servicing or environmental constraints. Particular attention will be paid to infill, rounding-off or redevelopment opportunities related to existing development and landform.

RUR1 – Seeks to resist any development within Local Scenic Areas which will have an adverse environmental impact.

RUR2 – Establishes that any proposal within a Local Scenic Area will require to be assessed against certain criteria.

Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008

LP HOU1 General Housing Development - There is a general presumption against housing development when it involves in the countryside development control zones:

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Housing development, for which there is a general presumption against, will not be supported unless an exceptional case is successfully demonstrated in accordance with those exceptions listed for each development control zone in the justification for this policy. The exceptions for Sensitive Countryside are detailed below:

Housing in the Sensitive Countryside, The sensitive countryside zone may be viewed as intermediate between rural opportunity areas and very sensitive countryside. This zone does not have the general capacity to successfully absorb any scale of new housing development when it is in the open countryside. Consequently, the presumption in favour is restricted to small-scale housing development in close proximity to existing buildings in infill, rounding-off, change of use of building and redevelopment sites.

LP ENV17 - Development Impact on Sites of Archaeological Importance, There is a presumption in favour of retaining, protecting, preserving and enhancing the existing archaeological heritage and any future discoveries found in Argyll and Bute. When development is proposed that would affect a site of archaeological significance, the following will apply:

The prospective developer will be advised to consult the Council and its advisers the West of Scotland Archaeology Service at the earliest possible stage in the conception of the proposal; and, an assessment of the importance of the site will be provided by the prospective developer as part of the application for planning permission or (preferably) as part of the pre- application discussions.

The Council supports the retention of features or sites of archaeological importance and will expect developers to take account of archaeological interest in putting forward detailed proposals. Where the applicant convinces the Council that such features cannot be retained and there are overriding reasons why development should be permitted, the Council may grant permission subject to ensuring that the site is adequately excavated and recorded prior to development taking place.

LP ENV19 - The Council will require developers and their agents to produce and execute a high standard of appropriate design, these standards are set out Council’s sustainable design guide and in the Appendix A of the Local Plan.

National Planning Policy Guidance –

NPPG 5 ARCHAEOLOGY AND PLANNING - Developments, which would have an adverse effect on scheduled monuments or the integrity of their settings or areas with unrecorded archaeological importance, should not be permitted unless there are exceptional circumstances.

NPPG 15 RURAL HOUSING – High standards of design and layout are encouraged.

Note (i): The applicable elements of the above Policies have not been objected to or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

There is no recorded history for this site.

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(ii) CONSULTATIONS

Roads – No objection subject to conditions.

SEPA – No objection subject to suitable drainage and a SUD’s scheme.

Env Services – No objection subject to control of external lighting and submission of scheme of water supply to proposal without adverse effect on existing users.

Building Standards – No response at time of writing

Archaeology – Recommend that an evaluation survey be undertaken before the grant of any consent or failing which the imposition of a condition requiring the submission and approval of a scheme of archaeological investigation the prior commencement of works.

(iv) PUBLICITY AND REPRESENTATIONS

Advertised due to Vacant Land and as a potential departure to policy HO22 of Lorn Local Plan, expiring on 28/08/08 & 04/09/08 respectively.

3 letters of representation have been received (one countersigned by 8 signatories),

1. 1 Mr and Mrs Gilmour, Cuil Darach, Kilninver 2. 2 Douglas Guest Architect,29 Albany Street, Oban 3. 3 Lagganmore, Kilninver, (signed by 8 signatories)

. The Grounds of objection can be summarised as follows :-

• Proposal clearly contrary to Lorn Local Plan policies RUR (1) and RUR (2) and also the emerging Local Plan.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The description as “Eco” and “Sustainable” do not contribute to the acceptability of the development given its location within the landscape.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The proposal would be over dominant in the context of the glen and changed the character and setting of the local area.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The proposal does not constitute infill, rounding off or redevelopment and therefore contrary to Local Plan policies.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

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• The proposal does not contribute economically to the locality and there is no locational requirement.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The proposal would place unacceptable demands on the roads infrastructure given the proposed developments elsewhere approved but as not yet built.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The existing water supply is already substandard and any further development will put further strain on the water supply.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• The terraced form of development is totally out of character with that of the existing settlement pattern.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal.

• Glen Euchar has been the subject of a study by Community Action for Biodiversity Project Team of Argyll and Bute Local Biodiversity Partnership and referring to the Community Catchment Management Guidelines have come from this study several points can be raised. Firstly that Glen Euchar has very high levels of biodiversity within a small area but has no conservation status and whilst some of the biodiversity has been studied more investigation is indicated. Also that low lying land within the glen is liable to flooding. These points again do not support a substantial development as has been proposed.

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal and SEPA have been consulted.

• A large part of this application is aimed at the affordable housing market. However the local area has recently had a large development approved with building now underway which includes 10 affordable houses. With this in mind there must surely be a ceiling on how many affordable houses are required in small geographical area

See Assessment - the relevant planning policies have been taken into account in the determination of this proposal. .

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APPENDIX B – RELATIVE TO APPLICATION NUMBER: 07/00555/OUT

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site is located within ‘Sensitive Countryside’ where in terms of Structure Plan Policy STRAT DC5, there is a presumption in favour of ‘small scale’ development provided it is restricted to infill, rounding off, redevelopment or change of use of buildings. The proposed development does not meet the definition of infill, rounding off or redevelopment as defined in the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008. Therefore, there is an initial presumption against development, unless, a ‘Special Case’ can be substantiated, with an Area Capacity Evaluation (ACE) which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and that the development will entail or result in a small scale housing development which accords with the area capacity evaluation, (small scale is defined as up to 5 dwelling) a positive development opportunity yielding significant countryside management or environmental enhancement benefit, or building retention benefit or local community benefit or economic benefit OR a development with a locational need to be on or in the near vicinity of the proposed site. An ACE is required in this instance given that the proposal does not comprise development generally accepted in open countryside, within an area of Sensitive Countryside. The findings of the ACE are detailed below; Area of Common Landscape The area of common landscape character is considered to be the entire valley of Glen Scammadale. Glen Scammadale is a glaciated valley, which in landscape terms can be split into two halves. The eastern half of the glen is characterised by its grand scale, with steep sloping valley sides descending in a classic U shaped glacial valley profile. The valley floor of this section of the glen is relatively flat with some arable fields but is dominated by Loch Scammadale. The western half of Scammadale is more intricate in terms of scale and consists generally of steeply sloping hillsides, descending into a relatively narrow V profiled valley (this does open up in one or two locations particularly when sub-glens intersect with the main glen ie. at Lagganbegg) with the river Euchar evident on the valley floor. This part of the glen is also much more heavily wooded than the eastern half of the glen. The area of common landscape character is not a homogenous area because of its diverse nature including, level river side arable fields, areas of woodland, rising rough grazing land and higher open moorland and various types of development. Therefore it is necessary to describe a separate ACE compartment within the wider area of common landscape character The relevant ACE compartment within the area of common landscape character is essentially the boundary of the ‘Sensitive Countryside’ zone extending from the junction of the A816 and UC14, Scammadale Road eastwards towards the head of Loch Scammadale.

Settlement Pattern The settlement pattern within the Glen Scammadale Area of Common Landscape comprises of larger estate houses and associated buildings / steadings interspersed along the glen, located where sub-glens intersect with the main glen and at the far eastern end of the glen. In addition there are several inappropriately sited modern 1960’s and 1970’s bungalows dotted along the glen which do not respect the traditional settlement pattern. Finally, there is a small node or cluster of housing located at Lagganbeg, in an elevated position within a sub-glen on the northern side of the main glen approximately at the western end of the more open, grand scale eastern half of the glen. These nodes of development, the settlement pattern is very sparse and comprises of a number of farm steadings and individual dwellinghouses separated by large areas of agricultural land, natural woodland and open uncultivated land.

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The relevant ACE compartment within the area of common landscape character is shown on a map as an appendix to the report.

Capacity of the Landscape to Absorb Development The proposed site is located on an open area of arable/grazing land at the lower reaches of the glen. The site is roughly level and at the same general level as the road. The existing dwellinghouse to the west is located on the valley floor on an area of flat ground adjacent to the road and river at a point where the valley begins to opens out to the east into the cultivated ground where the site is proposed and then the Lagganmore steading is evident, set back from the road and set amongst trees and the natural folds of the landscape.. Given the above, this site is considered to be unrelated to the existing settlement pattern, which is considered a key feature of the overall landscape character of this part of the glen, and represents development which is insensitive and detrimental to the overall landscape character of the area due to its location in an exposed position within the widening river valley will have an adverse visual impact.

Landscape Impact As discussed above, the key environmental features in this immediate area are the linear areas of trees which flank the river and the level fields which vary in depth but provide higher quality ‘in-bye’ land. These open areas generally link the otherwise disperate farm groupings. The farm groupings are also characterised by larger groupings of deciduous trees, providing shelter to the steadings. The open in-bye ground is important to the separation of the steadings and defines the rural nature of the landscape in this area and its characteristics (ie remote, randomly located farm groupings separated by this open ground). In terms of the impacts of the development on these key features, the proposal will have a negative effect on the open area at this location and providing an extensive alien grouping of dwellings on an otherwise open area of land or its function of providing an attractive open area along the meander of the road and the river which occupy the valley floor. Visual Impact As stated above the character of the glen is typified by established farm groupings set in sheltered locations. This proposal would introduce a wholly new group of building unrelated to this pattern and at a location where the valley floor opens up with alluvial valley floor to give open views up the glen. The proposed arrangement of dwellings in short terraces will intrude into this rural/agricultural view to the detriment of this view. In conclusion, the proposal is contrary to the existing settlement pattern as it would have an adverse landscape and visual impact for the reasons outlined above and therefore fails the initial ACE test.

The site is outwith the inset maps and the Oban Catchment Area in the adopted Lorn Local Plan. Policy HO23 for this area limits small-scale development to infilling, rounding off, change of use or redevelopment. The site lies within a Regional Scenic Area wherein Policy RUR 1 of the adopted Lorn Local Plan states there will be a general presumption against proposals for prominent or sporadic development, which would have an adverse environmental impact. All proposals for development within Regional Scenic Areas require to be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan, as follows:

• Environmental Impact - In terms of visual impact, the proposed site is not located within or adjacent to an existing defined settlement, accordingly this site is considered to represent housing development within the open countryside.

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• Locational/Operational Need - No locational or operational need claim has been made in support of the application. The application is supported by statement, which seeks to promote the sustainability merits of the proposal, but these do not provide any ‘locational’ justification, which would over-ride other land use policies. • Economic Benefit – There are no economic benefit to the community at large accruing from this development. • Servicing and Infrastructure - It is proposed to install a ‘Biodisc’ system and soak away (no details submitted). The Scottish Environmental Protection Agency has not objected to the proposal. It is proposed to use a private water supply to serve the proposed dwelling houses. In this respect the Council’s Environmental Services have requested the submission of a report in respect to the quantity and quality of the water available and if necessary any methods needed to improve the supply. The Area Roads Engineer has raised no objection to the proposal, subject to conditions visibility splays to be maintained and parking and turning facilities to be provided commensurate with the size of the proposed dwellinghouse. It is considered the proposal does not reflect the existing settlement pattern and would have an adverse impact on the landscape quality of this Regional Scenic Area by undermining the key characteristics of the area. The proposal is not supported by a substantiated locational/operational need claim. Accordingly, the proposal cannot be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan and is therefore considered contrary to Policy RUR 1 of the Lorn Local Plan. The proposal is not considered to represent an appropriate infill, rounding-off or redevelopment site related to the existing built form, and is therefore does not accord with Policy HO 23 of the adopted Lorn Local Plan or Planning Advice Note 36.

In the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008 the site is in “sensitive countryside” where, again, small-scale development is limited to infilling, rounding off or redevelopment in accordance with Policy HOU1.

Infill development can generally be described as new development positioned largely between other substantial buildings. Rounding-off development can generally be described as new development positioned largely between substantial buildings on one side and a substantial ground or natural feature on the other side and arranged such that the local pattern of development terminates at this point. Redevelopment can generally be described as a development of new buildings involving significant demolitions. Change of use requires that existence of a building on site at present that could successfully accommodate a residential use.

The proposed development is not adjacent to any substantial built form and therefore cannot constitute infill or rounding-off development as detailed above. There are no buildings on site, which are proposed to be demolished to enable the proposal, and so it cannot constitute redevelopment nor is it proposed to change the use of an existing building to residential. The proposal involves a development of 5 new dwelling houses to be located in sensitive countryside, which is inconsistent and clearly contrary to policies HO23 of the Lorn Local Plan, contrary to STRAT DC 5 of the Structure Plan and also contrary Policy HOU1 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008.

B. Location, Nature and Design of Proposed Development

The application site is roughly rectangular extending from a cottage at Cuill Darroch to a farm fence on the eastern boundary. The site is generally level and has rising land to the north covered in mixed woodland. The predominant characteristic however of this area is that of the flat river plain associated with the River Euchar.

The settlement pattern within Glen Scammadale comprises of larger estate houses and associated buildings / steadings interspersed along the glen, located where sub-glens intersect with the main glen and at the far eastern end of the glen. In addition there are several

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inappropriately sited modern 1960’s and 1970’s bungalows dotted along the glen, which do not respect the traditional settlement pattern. Finally, there are 2 small nodes or clusters of housing located at Lagganmore and Lagganbeg, both of which have been consolidated following a number of recent planning consents.

The proposal is to create a small settlement of 5 linked houses west of Lagganmore and east but separate from a small group of houses adjacent to Cuill Darroch, Glen Euchar. The development will consist of 4 three bedroom one and half storey linked houses with a two bed roomed single storey unit suitable for disabled use. The units have been designed to provide low cost energy efficient dwellings with communal energy and water treatment components.

The houses are set in two terraces one of three units lying generally to the west and staggered (in a herring bone fashion) with two units to the east. A large communal parking area separates the two building blocks. The proposal entails the formation of a single vehicular access lying generally centrally on the site with visibility splays across the frontage of the site.

The design of the units has a significant glazing component on their south facing elevations in order to maximise views and provide solar gain. This design however is at odds with the Council’s Sustainable Design Guide No 1. It is considered that the proposed development would constitute an unacceptable introduction of buildings at a location which does not reflect the current settlement pattern and would if approved have a significant adverse impact on the landscape character of the glen at this location.

C. Natural Environment

The site is not subject to any designations that protect nature or conservation interests in terms of flora and fauna. The application site lies within Glen Scammadale. Glen Scammadale is a glaciated valley, which in landscape terms can be split into two halves. The eastern half of the glen is characterised by its grand scale, with steep sloping valley sides descending in a classic U shaped glacial valley profile. The valley floor of this section of the glen is relatively flat with some arable fields but is dominated by Loch Scammadale. The western half of Scammadale is more intricate in terms of scale and consists generally of steeply sloping hillsides, descending into a relatively narrow V profiled valley (this does open up in one or two locations particularly when sub-glens intersect with the main glen ie. at Lagganmore) with the river Euchar evident on the valley floor. This part of the glen is also much more heavily wooded than the eastern half of the glen.

D. Archaeological Matters

The West of Scotland Archaeology Service has requested that a full archaeological assessment be undertaken prior to the LPA granting consent due to the archaeological sensitivity of this particular area. Whilst, this is a reason for refusal, it is considered unfair to ask the applicant to carry out investigations/studies given the overriding presumption against the development and officer recommendation.

E. Road Network, Parking and Associated Transport Matters.

The Area Roads Engineer has raised no objection to the proposal, subject to conditions requiring the visibility splays be provided and maintained and parking and turning facilities to be provided commensurate with the size of the proposed dwelling houses. Given that the Area Roads Manager has no objection the proposal has therefore to be considered consistent with policies TRAN 1,2,3,and 4 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008.

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F. Infrastructure

It is proposed to install a biodisc system and soakaway (no details submitted). The Scottish Environmental Protection Agency has not objected to the proposal. It is proposed to use a private water supply to serve the proposed dwelling houses. In this respect the Council’s Environmental Services have requested the submission of a report in respect to the quantity and quality of the water available and if necessary any methods needed to improve the supply. Given that SEPA and Environmental Services have no objections the proposal has therefore to be considered consistent with policies SERV 1, 2 and 4 of the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008.

G. Conclusion.

Whilst there is unlikely to be technical difficulties with this proposal, there are fundamental difficulties which mitigate against it. Structure Plan Policy STRAT DC5 cannot be met, by virtue of there being no substantiated ‘special circumstances’ case coupled with the proposal having an adverse environmental impact on the settlement pattern, in landscape and visual perspectives, and failing the ACE test. The proposal is clearly contrary to Strategic Policy.

In terms of Adopted Local Plan Policy, the proposal is also contrary to Policies: RUR1 & RUR2. With regards to the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008, the proposed development is contrary to the policies; ENV19 and HOU1.

The proposal is therefore not only contrary to existing Policy as expressed in the approved Structure Plan and the adopted Local Plan, it is also contrary to the Councils’ most up to date statement of policy for this area as contained in the Draft Argyll and Bute Local Plan Post Inquiry Modifications November 2008. In addition there are no mitigation measures, such as landscaping which could overcome the settlement pattern, landscape or visual impact concerns. Site is simply not suited to this type or scale of development.

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This page is intentionally left blank Page 71 Agenda Item 5c

DEVELOPMENT SERVICES Ward Number - 5 PLANNING APPLICATION REPORT Date of Validity - 21 st of July 2008 Oban, Lorn and the Isles Committee Date - 3rd of December 2008 ______

Reference Number: 08/01345/DET Applicants Name: Mr Geoffrey Nicholsby Application Type: Detailed planning permission Application Description: Installation of pontoon (retrospective) Location: Dundonald, Achnacreebeag, North Connel ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Installation of pontoon

______

(B) RECOMMENDATION

Having due regard to the development plan and emerging local plan and all other material considerations, it is recommended that detailed planning permission be granted subject to the conditions appended to this report.

______

(i) Development Plan Context:

This is a retrospective application for the installation of a pontoon into the sea-bed at land to the south of the property known as ‘Dundonald’, Achnacreebeag, North Connel.This pontoon is situated on land which has been designated as countryside around settlement by the Modified Finalsied Draft Argyll and Bute Local Plan. The pontoon is attached to an existing jetty type structure and so is merely an extension fit for purpose to the existing development and so therefore accords with the settlement plan for the area in accordance with STRAT DC 2 of the Argyll and Bute Structure Plan.

The pontoon sits affloat on the sea and is attached to an existing stone jetty structure on the foreshore via a gangway. This pontoon is designed for purpose and its low lying nature and dark recessive colour facilitates the absorption of this development with its surroundings. It is considered that the pontoon merges successfully with its surroundings having no negative impact on its surroundings and can be justified in terms of Policy LP ENV 1 of the Draft Argyll and Bute Local Plan, Post Inquiry Modifications, November 2008.

The sited pontoon is designed for purpose and is set and positioned paying regard to the context within which it is located. It is therefore considered in this respect that the pontoon has been sited successfully and fulfils the criteria contained in Policy LP ENV 19 of the Draft Argyll and Bute Local Plan, Post Inquiry Modifications, November 2008.

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(ii) Representations:

4 letters of representation objecting to the current proposal have been received.

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

None

(iv) Reasoned Justification for a Departure to the Provisions of the Development Plan.

No departure

(v) Is the Proposal a Schedule 1 or 2 EIA development:

(vi) Does the Council have an interest in the site:

(vii) Need and Reason for Notification to Scottish Ministers.

None

(viii) Has a sustainability Checklist Been Submitted:

No, a checklist was not required or submitted

Angus J Gilmour Head of Planning

Author: Lesley Cuthbertson Reviewing Officer: Ian McIntyre

Angus J Gilmour Head of Planning

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 08/01345/DET

1. That within 2 months of the development hereby being granted the applicant shall provideunhindered public pedestrian access throughout the application site through the provision of steps at the eastern and western boundaries of the site. Details of the steps to be provided and their location shall be agreed in writing by the planning authority within 1 month of the development hereby being granted. Thereafter the approved steps shall be kept free from development and shall not be closed off and shall allow for unhindered public pedestrian access. Reason: In order to maintain public pedestrian access along the foreshore.

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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01345/DET

MATERIAL CONSIDERATIONS AND ADVICE

(i) POLICY OVERVIEW AND MATERIAL ADVICE

Argyll and Bute Structure Plan 2002

STRAT DC 2 – Encourages development which accords with the settlement plan for the area; this includes appropriate small scale, infill, rounding-off, redevelopment, change of use of building development. And single dwellinghouse on bareland crofts.

Draft Argyll and Bute Local Plan, Post Inquiry, Modifications, November 2008

LP ENV 1 – Requires that all development should protect, restore or where possible enhance the established character and local distinctiveness of the local landscape in terms of location and scale.

LP ENV 19 – development in accordance with specific criteria (Development setting, development layout and density and development design)

Note (i): The applicable elements of the above Policies have not been objected too or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

The pontoon is attached to a stone jetty structure which has previously been investigated by my Department. A letter was sent out by Mr John Maciver, Senior Development Control Officer at Oban Lorn and the Isles Area Office, which stated ‘I am prepared to concede that the works, which include the formation of a slipway, a jetty, and of a sea wall and the erection of a 2 metre high fence were carried out more than four years ago’.

Section 124, paragraph 1 of the Town and Country Planning (Scotland) Act states ‘Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement

(iii) CONSULTATIONS

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(iv) PUBLICITY AND REPRESENTATIONS

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APPENDIX B – RELATIVE TO APPLICATION NUMBER: "[Click here to enter application number]"

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

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B. Location, Nature and Design of Proposed Development

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C. Natural Environment