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

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

Corporate Services Director: Nigel Stewart

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

25 May 2004

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 2 JUNE 2004 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of Oban Lorn & the Isles area committee meeting held on 5th May 2004 (Pages 1 - 10)

(b) Note of hearing held on 15th April 2004 in regard to planning applications ref. 03/02068/DET and 03/02144/OUT (Pages 11 - 16)

4. COMMUNITY SERVICES

(a) Applications for financial assistance under the Education Development Grants Scheme (Pages 17 - 20)

(b) Report by Area Corporate Services Manager in regard to application for financial assistance from the twinning fund (Pages 21 - 22)

5. DEVELOPMENT SERVICES

(a) List of Building Warrants approved by the Director of Development Services since the last meeting (Pages 29 - 34)

(b) List of Delegated Decisions issued by the Director of Development Services since the last meeting (Pages 35 - 46)

(d) 03/00696/OUT: David Alan Jones: Site for erection of dwelling house - land north east of 1 and 2 Glen Houses, Salen Road, Dervaig, Isle of Mull (Pages 49 - 60)

(e) 03/01319/MFF: Forera Ltd: Shellfish farm modification - Fish farm at Sgeir Lag Choan, Loch Etive, Bonawe (Pages 61 - 70)

(f) 03/01884/DET: Annie Hall: Replacement of existing single dwelling with two semi-detached dwelling houses, 3 Strongarbh Park, Tobermory, Isle of Mull (Pages 71 - 82)

(g) 03/02221/DET: John R MacFarlane Ltd: Erection of a boat maintenance shed, Balvicar Pier, Balvicar, Isle of Seil (Pages 83 - 92)

(h) 03/02283/COU: John Brackenbury: Alterations and change of use of property to Class 7 Guesthouse, Land at Caolas Farm, Isle of Coll, together with report from Senior Building Control Officer in regard to building control issues (Pages 93 - 102)

(i) 04/00082/MFF: Celtic Sea Ltd: Proposed shellfish farm, Loch Cridain, Isle of Mull (Pages 103 - 112)

(j) 04/00109/MFF: Celtic Sea Ltd: Modification of shellfish farm, Pennyghael, Isle of Mull (Pages 113 - 122)

(k) 04/00166/COU: Gillian Barton: Application for temporary siting of three caravans and installation of septic tank, Nant Farm, Ichrachan, Taynuilt (Pages 123 - 130)

(l) 04/00223/COU: J Kennedy & Partners: Change of Use of Former Laundry to form Residential Flat, 3 Back Combie Street, Oban (Pages 131 - 136)

(m) 04/00251/OUT: Mr and Mrs D Thomson: Site for a dwelling, Land west of Dunard, Glen Lonan, Taynuilt (Pages 137 - 148)

(n) 04/00289/DET: AGL MacTaggart: Formation of new vehicular access, Saligo, North Connel (Pages 149 - 154)

(o) 04/00392/OUT: Ken and Elizabeth Lacy: Site for the erection of a dwellinghouse and stable, Land east of Acha Farm, Balvicar, Isle of Seil (Pages 155 - 166)

(p) 04/00393/OUT: Ken and Elizabeth Lacy: Site for the erection of a dwellinghouse, Land east of Acha Farm, Balvicar, Isle of Seil (Pages 167 - 178)

(q) 04/00564/OUT: L King: Site for a dwelling - Plot 1, Fernie, North Connel (Pages 179 - 186)

(r) 04/00566/OUT: L King: Site for a dwelling - Plot 2, Fernie, North Connel (Pages 187 - 194)

(s) 04/00568/OUT: L King: Site for a dwelling - Plot 3, Fernie, North Connel (Pages 195 - 202)

(t) 04/00575/DET: John and Allison Boyce: Extension to form a bedroom and installation of an oil tank, 44 Achlonan, Taynuilt (Pages 203 - 210)

(u) 04/00701/NMA: Mr and Mrs Fair: Erection of dwellinghouse and installation of septic tank - Pony Park, Benderloch (Pages 211 - 214)

(v) 04/00807/DET: Mr & Mrs Hegarty: Formation of three dormer windows (part retrospective) - Plot 1, Woodend, Glencruitten Road, Oban (Pages 215 - 218)

(w) Report by Director of Development Services in regard to Development Control Performance Monitoring, Council wide and Decentralised Area Team performance, April 2003 to March 2004 (Pages 219 - 226)

(x) Planning Awards 2003 (Pages 227 - 238)

(y) Report by Head of Transportation and Infrastructure in regard to HiTrans Windfall Funding (Pages 239 - 242)

6. OPERATIONAL SERVICES

(a) Report by Roads and Amenity Services Manager in regard to Works Programme 2004-2005 (Pages 243 - 246)

(b) Report by Head of Facility Services in regard to Mossfield Stand and Stadium (to follow)

PUBLIC QUESTION TIME

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

The appropriate paragraphs are:-

E3 - Paragraph 6: Information relating to the financial or business affairs of any particular person (other than the authority).

E1, E3 - 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 Director of Corporate Services in regard to land at Iona (Pages 247 - 250)

(b) Report by Director of Corporate Services in regard to property at Fionnphort (Pages 251 - 254)

(d) Report by Chief Solicitor in regard to Kerrera School (to follow)

(e) Report by Director of Corporate Services in regard to Former Dalavich Primary School, Dalavich (Pages 259 - 262)

(f) Report by Director of Corporate Services in regard to lease of ground at Mossfield Stadium (to follow)

(g) Report by Director of Corporate Services in regard to leased units at Lochavullin (to follow)

E2 8. ENFORCEMENT ACTIONS

(a) Report by Head of Planning in regard to enforcement reports and extant notices

(b) 03/00265/ENF (Pages 263 - 266)

(d) 04/00069/ENF (Pages 271 - 274)

(e) 04/00070/ENF (included in report for 04/00069/ENF)

E3 9. DEEDS AND DOCUMENTS

(a) Report by Chief Solicitor in regard to formal Deeds and Documents issued since the last meeting (Pages 275 - 280)

OBAN, LORN & THE ISLES AREA COMMITTEE

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

Contact: [email protected]

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

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 5 MAY 2004

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

Attending: Kenneth Macdonald, Area Corporate Services Manager Sandy McAuslan, Estates Surveyor David Craig, Area Community Learning and Regeneration Manager Tina Ellis, Senior Social Worker Neil McKay, Planning Manager John Maciver, Senior Development Control Officer Neil Brown, Roads and Amenity Services Manager Iain Welsh, Area Amenity Services Manager

1. APOLOGIES FOR ABSENCE

There were no apologies for absence.

2. DECLARATIONS OF INTEREST

Councillor Robin Banks declared a non-pecuniary interest in relation to the application from the Oban Youth and Community Association for financial assistance under the Education Development grants Scheme, dealt with in item 4(a) of this minute, because of his position as a member of the management committee.

Councillor Allan Macaskill declared a non-pecuniary interest in planning application ref 04/00317/OUT, dealt with in item 5(r) of this minute, because of his family relationship with the applicant.

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

(a) Applications from Clan MacDougall for financial assistance under the Leisure Development Grants Scheme, dealt with in item 4(b) of this minute; (b) Planning application ref 03/01976/OUT dealt with in item 5(g) of this minute; (c) Planning application ref 03/01977/OUT dealt with in item 5(h) of this minute; (d) Planning application ref 03/01978/OUT dealt with in item 5(i) of this minute; (e) Planning application ref 03/01979/OUT dealt with in item 5(j) of this minute; (f) Planning application ref 03/01980/OUT dealt with in item 5(k) of this minute; (g) Planning application ref 03/01981/OUT dealt with in item 5(l) of this minute.

Page 2

3. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 7TH APRIL 2004

The Committee approved as a correct record the Minute of the meeting held on 7th April 2004, subject to minor alterations.

(b) NOTE OF SITE INSPECTION MEETING HELD ON 16 FEBRUARY 2004 IN REGARD TO PLANNING APPLICATION REF. 03/02244/COU

The Committee approved as a correct record the note of the meeting held on 16th February 2004.

4. COMMUNITY SERVICES

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

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

Applicant Narrative Total Cost Decision

Oban Youth & To promote a £30,150 Grant of £15,075 Community range of services Assocation from its independently owned Community Centre in Oban

Hebridean Whale Financial £10,610 Grant of £200 and Dolphin Trust assistance towards volunteer training

(b) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANTS SCHEME

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

Applicant Narrative Total Cost Decision

Oban and Lorn Funding towards a £6,700 Grant of £1,000 Sports Festival three day event, designed to widen participation in sport

Page 3

Clan MacDougall Promotion of £6,000 Grant of £500 International Clan MacDougall 2004 Gathering

Hebridean Whale Financial £10,610 Grant of £200 and Dolphin Trust assistance towards volunteer training in marine research

5. DEVELOPMENT SERVICES

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

The Committee noted a list dated 16th April 2004 of Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 16th April 2004, submitted)

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

The Committee noted a list dated 16th April 2004 of applications for planning permission in respect of which delegated decisions had been issued since the last meeting.

(Ref: List of approvals dated 16th April 2004, submitted)

The Committee dealt with Planning Applications as follows:

(d) 03/00312/OUT: KNIPOCH HOUSE HOTEL LTD: SITE FOR THE ERECTION OF A DWELLING HOUSE, LAND SOUTH EAST OF KNIPOCH HOUSE HOTEL, KNIPOCH, OBAN

Refused for the reasons set out in the report dated 6th April 2004 by the Head of Planning.

It was noted that further discussions would take place with the applicant in regard to alternative sites.

(Ref: Report dated 6th April 2004 by the Head of Planning, submitted)

The Committee expressed dissatisfaction with the standard of plans attached to the Page 4

reports by the Head of Planning, which, in general, failed to provide clear and straightforward identification of the sites. It was agreed to request that the Head of Panning take appropriate action to address this issue in respect of future reports.

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

It was agreed that consideration of this application be continued to the next meeting for further information as set out in the Supplementary Report No.1 dated 15th March 2004 by the Head of Planning.

(Ref: Report dated 17th December 2003 and 15th March 2004 by the Head of Planning, submitted)

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

It was agreed that consideration of this application be continued to the next meeting to allow time for Members to consider the additional information contained in the Supplementary Report No.1 dated 4th May 2004 by the Head of Planning, which had been circulated on the day of the meeting.

(Ref: Report dated 15th April 2004 and 4th May 2004 by the Head of Planning, submitted)

(g) 03/01976/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 1), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

(h) 03/01977/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 2), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

(i) 03/01978/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 3), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

Page 5

(j) 03/01979/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 4), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

(k) 03/01980/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 5), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

(l) 03/01981/OUT: FELL TRUSTEES: SITE FOR THE ERECTION OF A DWELLING HOUSE (PLOT 6), LAND SOUTH WEST OF CLACHAN HOUSE, ISLE OF LISMORE

Refused for the reasons set out in the report dated 5th April 2004 by Head of Planning.

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

(m) 03/02283/COU: MR JOHN BRACKENBURY: ALTERATIONS AND CHANGE OF USE OF PROPERTY TO CLASS 7 GUEST HOUSE, LAND AT CAOLAS FARM, ISLE OF COLL

It was agreed that consideration of this application be continued to the next meeting to allow time for the investigation of the septic tank capacity and access issues.

It was further agreed that a full report be submitted to the next meeting in regard to Building Warrant issues in respect of this development, and that a representative from Building Control attend the meeting with any appropriate plans.

(Ref: Report dated 15th March 2004 by the Head of Planning, submitted)

(n) 04/00112/MFF: CELTIC SEA LTD: PROPOSED SHELLFISH FARM, LOCH MELFORT, KILMELFORD

After consideration of Supplementary Report No.1 dated 29th April 2004 by the Head of Planning it was agreed that objections be raised to this proposal for the reasons set out in the report by Head of Planning dated 15th April 2004.

(Ref: Reports dated 15th April and 29th April 2004 by the Head of Planning, submitted)

(o) 04/00116/LIB: MR & MRS A MITCHELL: REPLACEMENT WINDOWS - THE COFFEE CORNER AND FLAT, 57 SHORE STREET, OBAN

Page 6

After consideration of Supplementary Report No.1 dated 4th May 2004 by the Head of Planning it was agreed that this application be approved, subject to the standard condition as set out in the report dated 5th April 2004.

(Ref: Report dated 5th April and 4th May 2004 by the Head of Planning, submitted)

(p) 04/00174/DET: MR & MRS A MITCHELL: REPLACEMENT WINDOWS - THE COFFEE CORNER AND FLAT, 57 SHORE STREET, OBAN

(Ref: Report dated 5th April and 4th May 2004 by the Head of Planning, submitted)

(q) 04/00263/DET: MR & MRS M MCMASTER: ERECTION OF A DWELLING HOUSE: LAND SOUTH EAST OF MORVEN, BARRAN, KILMORE, OBAN

Approved, subject to the conditions set out in the report dated 19th April by the Head of Planning.

(Ref: Report dated 19th April 2004 by the Head of Planning, submitted)

(r) 04/00317/OUT: MRS CHRISTINE M MILNE: SITE FOR THE ERECTION OF A DWELLING HOUSE, BRAEFOOT, BALVICAR, ISLE OF SEIL

Approved, subject to the conditions set out in the report dated 6th April 2004 by the Head of Planning.

(Ref: Report dated 6th April 2004 by the Head of Planning, submitted)

(s) REPORT BY HEAD OF PLANNING IN REGARD TO OBAN, LORN & THE ISLES AREA DESIGN AWARD 2003

The Committee considered a report by the Head of Planning in regard to the Oban Lorn and the Isles Area Design Award 2003.

Decision:

It was agreed that:

(a) the following nominations be included on a short list for Members consideration:

1 Easdale Island Drill Hall, Easdale Island

2 Erection of dwelling house adjacent to Drumard, Dervaig, Isle of Mull

3 Extension to dwelling house, Seaview Cottage, Old Main Road, Salen, Isle of Mull

4 Erection of Fire Garage, Soroba Road, Oban

Page 7

5 Erection of 9 flats and 3 shops, Stevenson Street, Oban

6 Erection of Shelter / Viewing Belvedere, Scarinish, Isle of Tiree

b) The Head of Planning will issue Members with a score sheet to allow them to score the nominations individually and return the sheets; c) a further report will be submitted to the next meeting in regard to the winning nomination(s); and d) that continued attempts be made to secure sponsorship for these awards.

(Ref: Report by the Head of Planning, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY AREA TRANSPORTATION MANAGER IN REGARD TO EXTENSION OF CAR PARKING CHARGES

The Committee considered a report dated 5th May 2004 by the Head of Roads in regard to the extension of car parking charges, and agreed to recommend to the Strategic Policy Committee that car park charging in Oban, Lorn and the Isles be extended as follows:

Location Car park name Decision

Appin Port Appin Ferry Introduce summer charging

Isle of Mull Craignure Toilets Introduce all year round charging

Oban Longsdale Road Introduce summer charging of coaches Oban Corran Halls 2 Extend charging to all year round

Oban Esplanade Extend charging to all year round

Councillor Robertson asked that her dissent be recorded in respect of the proposed imposition of summer charging at Port Appin Ferry car park.

(Ref: Report by the Head of Roads, submitted)

(b) REPORT BY AREA AMENITY SERVICES MANAGER IN REGARD TO FLY-TIPPING AT MILLPARK LANE, OBAN

The Committee considered and noted a report dated 21st April 2004 by the Amenity Services Manager in regard to Fly Tipping at Millpark Lane, Oban.

(Ref: Report dated 21st April 2004 by Amenity Services Manager, submitted)

7. PUBLIC QUESTION TIME

There were no public questions.

Page 8

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO THE PROPOSED DISPOSAL OF A STORE, MIDDLE PIER, ISLE OF COLL

The Committee considered and approved a report dated 5th May 2004 by the Director of Corporate Services in regard to the proposed lease of store, Middle Pier, Isle of Coll.

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

(b) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO LEASE OF INDUSTRIAL UNITS AT LOCHAVULLIN INDUSTRIAL ESTATE (TO FOLLOW)

The Committee considered and noted a report dated 30th April 2004 by the Director of Corporate Services in regard to the lease of industrial units at Lochavullin Industrial Estate, Oban.

(Ref: Report dated 30th April 2004 by the Director of Corporate Services, submitted)

9. PROPOSED LISTING OF BUILDING AS BEING OF SPECIAL ARCHITECTURAL OR HISTORIC SCOTLAND

(a) REPORT BY HEAD OF PLANNING IN REGARD TO THE PROPOSED LISTING OF A BUILDING DEEMED TO BE OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

The Committee considered, and approved, a report dated 22nd April 2004 by the Head of Planning in regard to the proposed listing of a building in Oban as being of special architectural or historic interest.

(Ref: Report dated 22nd April 2004 by the Head of Planning, submitted)

10. ENFORCEMENT ACTIONS

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

The Committee considered updated reports on enforcement issues with extant notices as follows:

(i) 98/00142/ENFOTH Noted

(ii) 99/00107/ENFOTH Continue to the next meeting

(iii) 00/00043/ENFOTH Updated report to the next meeting

(iv) 01/00085/ENFOTH Continue to the next meeting

Page 9

(v) 02/00158/ENFOTH Continue to the next meeting

(vi) 02/00182/ENFOTH Continue to the next meeting

(vii) 90/00089/ENFOTH Continue to the next meeting

(viii) 90/00090/ENFOTH Continue to the next meeting

(ix) 98/00082/ENFOTH Continue to the next meeting

(x) 01/00051/ENFOTH Continue to the next meeting

(Ref: Reports by the Head of Planning, submitted)

Page 10 Page 11 Agenda Item 3b

ARGYLL & BUTE COUNCIL

Note in connection with Hearing held in the Tiree High School on Thursday 15th April 2004 in regard to the following applications for planning permission:

(a) Ref: 03/02144/OUT: Highlands and Islands Enterprise: Site for the erection of workshops / Offices, Former Tank Farm, Scarinish, Isle of Tiree; and

(b) Ref: 03/02068/DET: M&K MacLeod: Demolition of existing oil storage tanks, decontamination of site, formation of access and erection of nine detached dwellings and garages and installation of septic tank and outfall, Former Tank Farm, Scarinish, Isle of Tiree.

Present: Councillor Alistair MacDougall (Chairman) Councillor Robin Banks Councillor Ian Gillies Councillor Allan Macaskill Councillor Elaine Robertson

Also Present: Mr Kenneth Macdonald, Area Corporate Services Manager Mr John Maciver, Senior Planning Officer Mr Murdo MacLeod, Director. M&K MacLeod Ltd., Applicant (b) Mrs Jane MacLeod, Company Secretary, M&K MacLeod Ltd., (b) Mr John Peace, Applicant’s Agent (b) Mr Gordon Miller, Environmental Consultant (b) Mr Alistair Graham, Contamination Consultant (b) Mrs Mabel MacArthur, Tiree Community Council Ms Clare Jones, Objector Mr Robert Beck, Objector Mr Ian Tainsh, Objector Ms Janet MacIntosh, Objector

Apologies: Councillor Sidney MacDougall Councillor Donald McIntosh Councillor Duncan MacIntyre

Declaration of Interest: None.

In accordance with the decisions of the Area Committee on 3rd March 2004, a hearing was held in regard to the following planning applications:

(a) Ref: 03/02144/OUT: Highlands and Islands Enterprise: Site for the erection of workshops / Offices, Former Tank Farm, Scarinish, Isle of Tiree; and

The Chairman introduced the Members of the Area Committee, and explained to those present the format for the meeting. He then invited Mr Maciver to address the Committee in relation to application ref. 03/02144/OUT (Highlands and Islands Enterprise: Site for the erection of workshops / Offices, Former Tank Farm, Scarinish, Isle of Tiree)

1 Page 12

Mr Maciver, Senior Development Control Officer, referred those present to the supplementary report No. 1 dated 2nd April, and to the report dated 18th February 2004, both by the Head of Planning, which set out the basis of the planning assessment, and concluded by recommending that this application be approved, subject to the conditions set out in the report No.1 dated 2nd April 2004.

In response to a question from Councillor Macaskill, Mr Maciver advised that in the event of this application being approved, detailed discussion could then be entered into with the applicant in regard to the design of the proposed buildings.

Decision:

It was unanimously agreed that this application be approved, subject to (a) the conditions 1-8 as set out in the supplementary report No.1 dated 2nd April 2004; and (b) condition 9 as set out in the aforesaid report, subject to the lighting being angled downwards.

The Chairman then invited Mr Maciver to address the Committee in relation to application ref. 03/02068/DET (M&K MacLeod: Demolition of existing oil storage tanks, decontamination of site, formation of access and erection of nine detached dwellings and garages and installation of septic tank and outfall, Former Tank Farm, Scarinish, Isle of Tiree).

Mr Maciver, Senior Development Control Officer, referred those present to the reports dated 2nd April and 12th February 2004 by the Head of Planning, which set out the basis of the planning assessment, the determining issues and material considerations, and concluded by recommending that the application be approved, subject to the conditions set out in the aforesaid report dated 2nd April 2004.

Mrs MacLeod gave an overview of the history of M&K MacLeod Ltd. who, she asserted, are familiar with the issues surrounding building on the Argyll islands. She stated that a condition of sale of the ground, owned by Scottish & Southern Energy, is that decontamination, the costs of which are considerable, must be carried out within two years of purchase. She further stated that there is a waiting list for properties on Tiree, and that a proportion of those on the list already live and work on the island.

Mr Peace outlined the design process, and stated that a random layout was proposed to accord with the existing pattern, with minimal garden ground and access to properties over the machair.

Mr Miller advised that Scottish Water had confirmed that the existing water supply is sufficient to cope with the proposed development, and that discussions are ongoing with the Scottish Environmental Protection Agency (SEPA) in regard to sewage disposal, by way of a communal septic tank. He offered an assurance that all requirements in this regard would be met.

Mr Keane stated that in almost all cases decontamination of sites take place only when a development is proposed, thus improving unsightly areas and providing local economic benefit. He advised that no development can take place until decontamination of the site is complete, but warned that tests revealed that oil and other hydrocarbon residues are heading towards the drainage channel from the site, and that it is only a matter of time until it becomes visible and unsightly.

2 Page 13

Mrs MacArthur, on behalf of the Tiree Community Council, stated that two public meetings had been held to gauge the views of the community, and expressed dissatisfaction at the applicants’ lack of public consultation at a local level. The community accepted that the island needs a boost to it’s population, to encourage young families and to retain young people, which would require the provision of new, quality housing. Such a provision, however, must take cognisance of local issues. It was felt that the proposed density of housing is too great, and is thus unsympathetic to the existing built environment of Tiree. It was also felt that the style of the proposed houses is similarly not in keeping. She expressed the view that the proposal fails to address the issue of the requirement for social housing and asked that consideration be given to increasing the per centage of low cost, affordable housing. She concluded by asking that consideration be given to a more sympathetic approach to the proposed style, design and layout.

Mrs MacArthur stated that as an individual, rather than as a member of the Community Council, she had been asked to convey to the Members the views of certain local residents, and proceeded to read out letters from the following:

(i) Mr N.Urquhart, requesting that consideration of the application be deferred in order that the option may be investigated of carrying out decontamination of the site without any housing development as proposed; (ii) Mr C. & Mrs S.Woodcock, objecting to the application; and (iii) Mr George MacLean, supporting the application.

Mrs MacArthur continued by referring to a recent socio-economic assessment of Tiree, which had identified 477 occupation houses, 128 of which were seasonal. The assessment had pointed to a shortage of available rented accommodation, and had concluded that provision of affordable housing on Tiree is a priority. Mrs MacArthur concluded by asserting that the proposed development would not, in all likelihood, address this.

Ms Jones expressed disappointment that not all of the amendments suggested by the local authority had been taken on board by the developers. She did not accept that the layout was ‘random’ as had been asserted and expressed concern that it appeared that public money was to be contributed to the decontamination costs.

Mr Beck expressed concern that much of the proposed development would be sold as holiday homes.

Mr Tainsh stated that no indication had been given of how much the houses would be marketed for, and that there is no definition of what is meant by ‘affordable’ housing.

Ms MacIntosh expressed concern in regard to the flow of any sewage into the sea. She also expressed concern in regard to the current grazing of sheep on the so-called contaminated ground.

Councillor Macaskill, referring to Mr Urquhart’s letter, which had been read out earlier by Mrs MacArthur, stated that the Committee is required to determine the application and that continuation is not an option.

Councillor Gillies expressed alarm at the current level of decontamination. As much of the proposal centred on the issue of decontamination he had asked the applicants for clarification in regard to level of public funding being contributed, and whether this would allow sufficient scope to reduce the proposed density of housing. Mrs MacLeod responded that Highlands and Islands Enterprise (HIE) will purchase that part of the site

3 Page 14

relating to the erection of workshops / offices, and would meet the cost of decontamination of that area. M&K MacLeod Ltd will meet the balance. The total cost of decontamination is approximately £150,000. She continued that the proposed density is the minimum required to make the proposal viable.

In response to a question from Councillor Robertson, Mrs MacLeod advised that she was unaware of any other grants that might be available towards the costs of decontamination.

In response to a question from Mr Tainsh, Mr MacLeod stated that there are no plans, at present, for the rest of the site.

Councillor Gillies stated that he remained unclear regarding the involvement of Argyll & the Islands Enterprise (AIE), and referred to a letter dated 19th December 2003 from the Chief Executive of AIE in which it was stated that in exchange for decontamination of the whole site owned by M&K MacLeod Ltd, AIE would acquire land to build workshop units.

Mrs MacLeaod stated that M&K MacLeod do not own the site. Negotiations had been entered into with HIE and are subject to the conditions she had earlier outlined. Public funding would be put towards the provision of servicing and towards the cost of decontamination of part of the site.

Councillor Macaskill asked Mrs MacArthur what she had in mind in terms of making the design more acceptable. She responded that she was expressing the views of the community, not just her own views, but that the concerns focused on amending the design to conform to the vernacular form in Tiree. She also pointed out that the community had only had sight of the original plans and not the amended ones, to which Mr Maciver responded that the amendments had not warranted re-advertisement. The Chairman thereupon called a recess of ten minutes to allow members of the public to view the amended plans.

Mr Maciver, summing up, stated that the proposals had been measured against the existing Local Plan and draft emerging Local Plan and were deemed to be acceptable in planning terms. He recommended that the application be approved, subject to the conditions set out in the supplementary report No.1 dated 2nd April 2004 by the Head of Planning.

Mrs MacLeod, summing up, assured the meeting that all discharges will be in accordance with the local authority and SEPA regulations. She showed slides of examples of the settlements in Tiree which had prompted the proposed design, and asserted that the proposals are sympathetic thereto.

Motion

That the proposals be refused in accordance with Draft Argyll and Bute Local Plan policy E10 and H4 Development setting, layout and Design. It is considered that the proposals by reason of their high density, and suburban form and design are not harmonious with the sensitive landscape, settlement pattern and historic built environment of Tiree. The proposals are specifically contrary to Argyll and Bute Local Plan Policy E10 and H4:-

1. Development Setting

Developments which do not satisfactorily harmonise with their settings and surroundings shall be resisted.

4 Page 15

2. Development Layout and Density

Developments with poor quality or inappropriate layouts or densities including over- development of sites shall be resisted.

3. Development Design

Development design which is judged to be poor or “not good enough” for a particular location shall be resisted.

4. Housing Layout and Design – H4

Traditional, innovative, and sympathetic housing development layout and design which are appropriate to their mainland, island, town, village, minor settlement countryside or coastal setting.

Moved: Councillor Ian Gillies Seconded: Councillor Elaine Robertson

Councillor Gillies asked that it be recorded that in moving refusal of this application, he is not against the principle of development on this contaminated site, and would encourage an amended application incorporating a lower density of housing and utilising a more traditional (i.e. in the Tiree idiom) design concept.

Amendment:

That the application be approved, subject to the conditions set out in the supplementary report No.1 dated 2nd April 2004 by the Head of Planning.

Moved: Councillor Alistair MacDougall Seconded: Councillor Robin Banks

Upon a show of hands there voted 2 for the motion and 3 for the amendment.

Decision:

That the application be approved, subject to the conditions set out in the supplementary report No.1 dated 2nd April 2004 by the Head of Planning.

Corporate Services 30th April 2004

5 Page 16

This page is intentionally left blank Page 17 Agenda Item 4a Page 18 Page 19 Page 20 Page 21 Agenda Item 4b ______

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES CORPORATE SERVICES AREA COMMITTEE 2nd JUNE 2004 ______

NORTH ARGYLL YOUTH FORUM TWINNING EXCHANGE – GOREY, COUNTY WEXFORD ______

1 SUMMARY

1.1 In July this year a party of 20 young people from Gorey, County Wexford are proposing to visit Oban to meet with members of the North Argyll Youth Forum as the first leg of a youth exchange. The Forum is making application for financial assistance from the Twinning Fund towards the costs of this visit.

2. RECOMMENDATION

2.1 It is recommended that a grant of £500 be offered to the North Argyll Youth Forum towards the costs of this first leg of a twinning exchange.

3. DETAIL

3.1 A party of 20 young people from Gorey County Wexford will be visiting Oban from 5th to 12th July 2004 as the first leg of a twinning exchange. During their visit they will stay in Oban Youth Hostel, and will take part in a range of challenging activities and discussion groups with members of the North Argyll Youth Forum, facilitated by youth work staff. The programme for the visit has been designed through consultation between youth work staff from Oban and Gorey and with the young people taking part in the visit.

3.2 The estimated cost of the visit is £2862 and an application has been made to the Education Development Grants Scheme for 50% of this figure, to be considered later in the Area Committee agenda.

3.3 In light of the twinning element of this youth exchange Members may wish to consider offering financial assistance from the Twinning Fund. The sum available to the Area Committee in the current financial year in this respect is £868.

4. SUMMARY

4.1 Members are asked to consider awarding a grant to the North Argyll Youth Forum towards the cost of the first leg of a youth twinning exchange in July.

5. IMPLICATIONS

5.1 Policy – Consistent with Council policies 5.2 Financial – Can be met within existing revenue budget estimates 5.3 Personnel – None Page 22

5.4 Equal Opportunities – None 5.5 Legal – None

Area Corporate Services Manager 12th May 2004

For further information, please contact Kenneth Macdonald, Area Corporate Services Manager (01631 567902) Page 23 Agenda Item 4c Page 24 Page 25 Page 26

This page is intentionally left blank Page 27 Page 28

This page is intentionally left blank Page 29 Argyll and Bute Council Agenda Item 5a Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

03/00854/EXT Mr & Mrs Sibbald 13/05/2003 19/05/200 05/05/2004 WARAPP

Refurbishment of existing dwelling anf forming new extension to rear 33 Toberonochy Village Toberonochy Oban Argyll PA34 4UE 03/01421/MTP Mr Mrs J Brown 29/07/2003 20/08/200 21/04/2004 WARAPP

Alteration and extension of dwelling house

Willies Cottage Kilchrenan Taynuilt Argyll PA35 1HE

03/01450/EXT Mr Mrs T Warnock 04/08/2003 12/08/200 22/04/2004 WARAPP

Conservatory extension and kitchen alteratation

17 Etive Park North Connel Oban Argyll PA37 1SJ

03/01602/ERD Donald Macfarlane 20/05/2003 01/09/200 07/05/2004 WARAPP

Erection of a Dwelling House

1 Sorrisdale Isle Of Coll PA78 6TE

03/01649/ALT Mr & Mrs B Blue 09/09/2003 10/09/200 04/05/2004 WARAPP

Alterations to Attic Space of Dwelling

4 Lighthouse Buildings Pulpit Rock Oban Argyll PA34 4LZ 03/01853/LOC Mr Angus J Mackinnon 09/10/2003 15/04/2004 COMF

Conversion of the attic space to form 2 first floor bedrooms 3 Cornaigmore Isle Of Tiree

03/02127/AOW Mr And Mrs A Johnston 20/11/2003 27/11/200 19/04/2004 WARAPP

Amendment to 01/00398/ERD - Erection of dwelling house Land East Of Sound View Caoles Scarinish Isle Of Tiree 03/02322/ALT Mr W Dawson 22/12/2003 06/01/200 16/04/2004 WARAPP

Roof space conversion

Strathinnes Connel Oban Argyll PA37 1PA

04/00041/ERD Tristan Carre 09/01/2004 04/02/200 07/05/2004 WARAPP

Erection of Dwelling House and installation of septic tank Land South East Of Ruaidheabhal Kilmore Oban Argyll

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 May 2004 Page 1 of 5 Page 30 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00053/ERD Norman MacDonald Ltd 09/01/2004 20/02/200 19/04/2004 WARAPP

Erection of Dwelling House with Biodisc Treatment Plant Mo Dhachaidh Lochdon Isle Of Mull PA64 6AP

04/00083/ERD Mr Mrs Gibson 16/01/2004 24/03/200 19/04/2004 WARAPP

Demolition of existing bothy and erection of new bothy in new location Achnasmearoch Kilchrenan Taynuilt Argyll PA35 1HF 04/00088/ERD Mr Mrs I Jordan 16/01/2004 26/01/200 26/04/2004 WARAPP

Erection of dwelling house

5 Kilvaree Connel Oban Argyll

04/00186/ERC Mr H Whittle 29/01/2004 09/02/200 16/04/2004 WARAPP

Erection of 2.75m fence to surround a tennis court

Land North West Of Glenfeochan House Kilmore Oban Argyll 04/00252/AOW David Robert Clarke 10/02/2004 29/04/200 04/05/2004 WARAPP

Amendment to Warrant 98/00194/ALT (alterations and improvements to dwelling) Drive Cottage Gruline Isle Of Mull PA71 6HR

04/00295/AOW Mr And Mrs M Macleod 17/02/2004 05/03/200 16/04/2004 WARAPP

Amendment to Warrant 02/02034/ALT (alterations to dwelling) Coalree Kenovay Scarinish Isle Of Tiree

04/00367/ERD Macgregor Hotels Limited 25/02/2004 11/03/200 26/04/2004 WARAPP

Erection of two dwelling houses

Site South Of Lochnell Arms Hotel North Connel Oban Argyll 04/00429/ERD Cameron MacLean 04/03/2004 10/03/200 04/05/2004 WARAPP

Erection of pair of semi detached houses

Land West Of RNLI Centre Main Street Tobermory Isle Of Mull 04/00437/ERD Mr & Mrs MacNeil 05/03/2004 15/03/200 21/04/2004 WARAPP

Erection of Dwelling House

Land South Of Mo Dhachaidh Taynuilt Argyll

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 May 2004 Page 2 of 5 Page 31 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00446/AOW Mr Mrs M Asher 08/03/2004 09/03/200 12/05/2004 WARAPP

Amendment to warrant 03/01903/MTP

Ulva House Hotel Strongarbh Tobermory Isle Of Mull PA75 6PR 04/00454/ERD Martin And Robbie Larg 09/03/2004 31/03/200 12/05/2004 WARAPP

Erection of 2 dwelling houses

11 Balemartine Balemartine Scarinish Isle Of Tiree

04/00475/ERD Ken And David McColl 11/03/2004 15/03/200 19/04/2004 WARAPP

Erection of dwelling house

Land West Of Shed Kilmelford Yacht Haven Kilmelford Oban Argyll PA34 4XD 04/00486/EXT Mr Edward Watling 12/03/2004 15/03/200 07/05/2004 WARAPP

Two storey timber framed extension to dwelling house Delinginis 4 Glenburn Soroba Oban Argyll PA34 4SB

04/00540/ERD Miss Anne E Hughes 17/03/2004 23/03/200 04/05/2004 WARAPP

Erection of Dwelling House & Garage inc installation of Septic Tank Land East Of Ferry House South Cuan Oban Argyll

04/00558/ALT Martin Dunne 19/03/2004 29/03/200 12/05/2004 WARAPP

Formation of an en-suite bathroom

Glenstrae Crannaig-A-Mhinister Oban Argyll PA34 4LU 04/00559/EXT Mr Mrs Felgate 18/03/2004 29/03/200 07/05/2004 WARAPP

Alterations and extension to dwellinghouse

56 Dalriach Road Oban Argyll PA34 5JE

04/00580/ERD Mr Mrs S Mclean 23/03/2004 08/04/200 12/05/2004 WARAPP

Erection of dwelling house and installation of new septic tank Plot 1 Land East Of 16 Crossapol Scarinish Isle Of Tiree 04/00612/MTP Mr Alaisdair MacArthur 25/03/2004 08/04/200 12/05/2004 WARAPP

Extension and re-roofing of existing house and installation of new septic tank House South Of Kentra Balinoe Scarinish Isle Of Tiree

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 May 2004 Page 3 of 5 Page 32 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00617/ALT Duncan Cattanach 29/03/2004 05/04/200 04/05/2004 WARAPP

Alteration with Partial Change of Use to form Retail Gallery and Restaurant The Gallery Main Street Tobermory Isle Of Mull PA75 6NU 04/00686/AOW Gary Roberts - Property Services Dept 06/04/2004 08/04/200 22/04/2004 WARAPP

Amended Proposal

45 Lochnell Road Dunbeg Oban Argyll PA37 1QJ

04/00692/AOW Gary Roberts - Property Services Dept 06/04/2004 21/04/200 21/04/2004 WARAPP

Amended proposal

4 Sunny Park Glenshellach Road Oban Argyll PA34 4PP 04/00693/AOW Gary Roberts - Property Services 06/04/2004 21/04/200 21/04/2004 WARAPP

Amended proposal

3 Sunny Park Glenshellach Road Oban Argyll PA34 4PP 04/00727/EXT West Highland Housing Association Ltd 08/04/2004 29/04/200 04/05/2004 WARAPP

Proposed alterations and extensions

Lochdon Head Primary School Lochdon Isle Of Mull

04/00730/EXT Mr & Mrs Wotherspoon 13/04/2004 30/04/200 11/05/2004 WARAPP

Extension to dwelling house

Cnoc-sealgair, Number 168 69 Nant Drive Soroba Oban Argyll PA34 4NL 04/00731/ALT Mr Ian Mckay Cleaver 13/04/2004 10/05/200 11/05/2004 WARAPP

Alteration to hotel

Alexandra Hotel Corran Esplanade Oban Argyll PA34 5AA 04/00737/AOW P Morris Esq 13/04/2004 21/04/200 21/04/2004 WARAPP

Amended proposal

Arle Cottage Aros Isle Of Mull

04/00756/ALT Ms Susan Mackinnon 15/04/2004 03/04/200 21/04/2004 WARAPP

Removal of part of internal wall between kitchen and livingroom (8b Alma Crescent) 8 Alma Crescent Gallanach Road Oban Argyll PA34 4LT

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 May 2004 Page 4 of 5 Page 33 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/00808/ALT Mr Gordon Robert Cowan 22/04/2004 23/04/200 26/04/2004 WARAPP

Alteration of dwelling

Gairloch Benderloch Oban Argyll PA37 1QS

04/00814/ALT Mrs MacKinnon 23/04/2004 29/04/200 04/05/2004 WARAPP

Cut down below kitchen window to create opening for french doors 4 Grianach Gardens Oban Argyll PA34 4LB

04/00846/AOW Mr Iain Clark 27/04/2004 04/05/200 07/05/2004 WARAPP

Change of use to form dwelling house - Amendment to 02/01845/COU granted 14.02.2003 - relocate Land South East Of Glenshellach Farm Glenshellach Road Oban Argyll 04/00912/LOC Mr Mrs M Wilson 10/05/2004 10/05/2004 COMF

Confirmation of Completion

Lochinvar Restaurant Main Street Tobermory Isle Of Mull PA75 6NT 04/00925/AOW Mr C Hodge 11/05/2004 11/05/200 12/05/2004 WARAPP

Erection of dwellinghouse - Amendment to 00/01396/ERD Achalic Farm Lerags Oban Argyll PA34 4SE

This page is intentionally left blank Page 35 Argyll and Bute Council Agenda Item 5b Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

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

13 May 2004 Page 1 of 11 Page 36 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00782/NMA Mr Glyn Forster 23/01/2004 10/05/2004 NOO

Kentallen Farm Aros Isle Of Mull PA72 6JS

Erection of farm shop - Non material amendment to planning consent 03/01219/DET - amendment to roof pitch

04/00776/NMA Mr Mrs Durley 05/04/2004 10/05/2004 NOO

Olrig Clachan Seil Oban Argyll PA34 4TL

Erection of sun room - Non Material Amendment to planning consent reference 01/00658/DET - amendment to south east elevation glass panels 04/00769/NMA Manor Kingdom Limited 28/04/2004 30/05/2004 NOO

Arduaine Caravan Site Arduaine Oban Argyll

Non material amendment to 03/01012/REM (erection of 3 dwellings) for alteration to internal plot boundaries

04/00713/DET The Hebridean Trust 15/04/2004 28/04/2004 WDN

Land South East Of Old Smithy And Workshop Lower Square Hynish Scarinish Isle Of Tiree Renewal of Consent 98/01609/DET Formation of Additional Car Parking

04/00700/NMA Mr & Mrs Ball 04/04/2004 11/05/2004 NOO

Land East Of Lonruadh Cottages Tyneribbie Appin Argyll

Non Material Amendment to Consent 03/00964/REM (erection of dwelling house and garage) amendment to position of dwellinghouse on the plot 04/00680/DET Mr J Speirs 15/04/2004 07/05/2004 PER

Skipness Knipoch Oban Argyll PA34 4QT

Erection of conservatory

04/00638/DET West Highland Housing Association Ltd 08/04/2004 07/05/2004 PER

Graham Court Oban Argyll PA34 5BD

Refurbishment of building and development of external works

04/00636/NMA Mr Mrs M Asher 09/04/2004 07/05/2004 NOO

Ulva House Hotel Strongarbh Tobermory Isle Of Mull PA75 6PR

Alterations and extension to hotel - Non-material amendment to planning consent reference 03/01908/DET - amendment to floor layout and windows and door on the rear extension

13 May 2004 Page 2 of 11 Page 37 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00610/NMA Mr Mrs David Thomson 06/04/2004 27/04/2004 NOO

Am Bogha Appin Argyll PA38 4BA

Extension to dwelinghouse - Non-material amendment to planning consent 03/00982/DET - for minor alterations to doors and windows of extension 04/00597/PNELEC Scottish And Southern Energy PLC 02/04/2004 28/04/2004 NOO

Overhead Line At Glenfearnoch House Kilmelford Oban Argyll

11kv overhead line diversion

04/00596/REM William Ingram And Jane MacQueen 02/04/2004 30/04/2004 PER

Land 270m North East Of Ardconnel Farm Connel Oban Argyll

Erection of dwelling house

04/00591/DET Mr Nicol 02/04/2004 28/04/2004 PER

Achasia Cnoc-A-Challtuin Clachan Seil Oban Argyll

Erection of conservatory

04/00588/DET Nigel Hendry 02/04/2004 07/05/2004 PER

Corryghoil Dalmally Argyll PA33 1BB

Extension to dwellinghouse

04/00580/DET Tobermory Harbour Association 01/04/2004 10/05/2004 PER

Foreshore South East Of Car Park Ledaig Tobermory Isle Of Mull

Installation of replacement pontoons

04/00551/DET Donald Smith 26/03/2004 30/04/2004 PER

Plot 1 The Glebe Kilmelford Oban Argyll

Erection of Wooden Shed/Garage

04/00547/DET Mr & Mrs W Hume 30/03/2004 27/04/2004 PER

Ledmore Erray Road Tobermory Isle Of Mull PA75 6PS

Extension to Dwelling House

13 May 2004 Page 3 of 11 Page 38 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00546/NMA John McKelvie 26/03/2004 30/04/2004 OBR

Sonachan House Portsonachan Dalmally Argyll PA33 1BN

Non Material Amendment to application 02/00896/DET Erection of Log Cabin - amendment to external appearance including steeper roof pitch, window arrangement, door openings and inclusion of deck 04/00542/MFF Isle Of Shuna Shellfish Ltd 29/03/2004 26/04/2004 WDN

Sound Of Shuna North West Of Appin House Appin Argyll

Modification to Shellfish Farm Site

04/00530/DET Jonathan And Jennifer Farrington 26/03/2004 11/05/2004 PER

Collaig Kilchrenan Taynuilt Argyll PA35 1HG

Change of use of steading to form dwellinghouse and installation of septic tank

04/00523/DET Congregational Board Of The Parish Of Salen And Ulva 25/03/2004 30/04/2004 PER

Salen Parish Church Salen Isle Of Mull

Extension of Church to Provide Church Hall and Vestry

04/00522/OUT Soroba Community Association 25/03/2004 27/04/2004 PER

Land North Of Shuna Terrace Soroba Oban Argyll

Erection of Community Centre and Formation of All Weather Pitch - Renewal of 00/01217/OUT

04/00518/DET The Royal Bank Of Scotland Group 16/04/2004 07/05/2004 PER

26 George Street Oban Argyll PA34 5SB

Alterations to Building to Improve Facilities for Disabled People

04/00513/ADV Wolseley UK 24/03/2004 23/04/2004 PER

Builder Centre/Plumb Centre Lynn Road Oban Argyll PA34 4PL

Erection of replacement signage

04/00510/COU Richard Connolly - D M Mackinnon Estates 06/04/2004 30/04/2004 PER

3 Gibraltar Street Oban Argyll

Change of use of residential flat to Class 2 office

13 May 2004 Page 4 of 11 Page 39 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00509/DET Mrs C McColl 24/03/2004 23/04/2004 PER

5A Lorn Avenue Oban Argyll

Installation of replacement windows

04/00507/OUT Mr Mrs N Mackay 23/03/2004 30/04/2004 PER

Land South East Of Beechfield Corran Esplanade Oban Argyll

Site for the erection of dwelling house

04/00506/OUT Mr Geoff Williams 23/03/2004 28/04/2004 WDN

Arle Aros Isle Of Mull PA72 6JS

Site for erection of dwellinghouse

04/00503/COU Mr Mrs Roger Rhodes 23/03/2004 28/04/2004 PER

Plot 5 Land North Of Berisay And Ardana North Connel Oban Argyll Alterations and extension to dwellinghouse

04/00498/COU D A Colewell 22/03/2004 27/04/2004 PER

Lonan Cottage Glenlonan Oban Argyll PA34 4QE

Change of use and alterations to barn to form dwelling house

04/00483/NMA Mr Phillip Stewart 19/03/2004 27/04/2004 NOO

Fioryn Clachan Seil Oban Argyll PA34 4TJ

Non Material amedment to Planning consent reference 01/00043/DET - erection of double garage - reduction in size of garage 04/00462/DET Brian Macrae 13/04/2004 12/05/2004 PER

1 Bentalla Crescent Salen Isle Of Mull PA72 6JH

Erection of Conservatory

04/00461/CONAC Mr & Mrs Beattie 16/03/2004 27/04/2004 PER

Inshaig Park House Easdale Oban Argyll PA34 4RF

Demolition of Stores, Toilets, Porch, Cellar and Bathroom

13 May 2004 Page 5 of 11 Page 40 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00446/COU Ms Fiona Rowan 12/03/2004 27/04/2004 PER

Dungallen Court Gallanach Road Oban Argyll PA34 4LW

Retrospective Application for Change of Use from House of Multiple Occupancy to Dwelling House

04/00445/DET Mrs A Broughton 12/03/2004 14/04/2004 PER

Tigh Anna Lochawe Dalmally Argyll PA33 1AH

Alteration and Extension to Form Conservatory

04/00442/DET Ian Cleaver Hotels 18/03/2004 27/04/2004 PER

Dalmally Hotel Dalmally Argyll PA33 1AY

Extension to Hotel Create Ten Additional Guest Bedrooms

04/00439/DET Mr Edward Watling 12/03/2004 27/04/2004 PER

Delinginis 4 Glenburn Soroba Oban Argyll PA34 4SB

Extension to dwellinghouse

04/00431/DET Oban Lorne RFC 11/03/2004 13/04/2004 PER

Oban Lorne Rugby Club Glencruitten Drive Oban Argyll PA34 4EJ

Extension to rear of clubhouse and formation of balcony

04/00428/DET Findlay Ross Limited 08/03/2004 27/04/2004 PER

Finlay Ross Ltd Isle Of Iona PA76 6SP

Installation of replacement windows

04/00427/NMA Mr Mrs Nigel Shannon 08/03/2004 27/04/2004 NOO

Land At Torr Na Craoibhe Ardtun Bunessan Isle Of Mull

Non material amendment to 00/01949/DET(Erection of Dwellinghouse) for Minor Amendments

04/00418/PNAGRI Mr Douglas Thorburn 15/03/2004 27/04/2004 NOO

Ceul Na Gallanach House, Achinduin Lismore Oban Argyll

Erection of agricultural shed

13 May 2004 Page 6 of 11 Page 41 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00417/DET Muckairn Church Of Scotland 09/03/2004 14/04/2004 PER

Muckairn Church Of Scotland Church Road Taynuilt

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

04/00412/DET Argyll Properties Ltd 09/03/2004 14/04/2004 PER

McGochans Aros Park Tobermory Isle Of Mull PA75 6NR

Extension to public house and restaurant

04/00389/PNDEM Stephen Mackenzie Ross 11/03/2004 02/04/2004 NOO

An Airigh Dalmally Argyll PA33 1AA

Demolition of wooden bungalow and wooden garage

04/00347/ADV Scotmid T/a Semi-Chem 01/03/2004 27/04/2004 PER

Semi-Chem Kilmartin Court Shore Street Shore Street Oban Argyll PA34 4NT Erection of Fascia & Projecting Sign

04/00343/DET Mr D Finlayson 12/03/2004 23/04/2004 PER

Site 2 Former County Hospital Benvoullin Lane Oban Argyll

Erection of Dwellinghouse with Integral Garage - Amended Design to Previous Approval 03/02034/DET

04/00320/DET Mr Rory Brown 02/03/2004 14/04/2004 PER

Keppochan Cladich Dalmally Argyll

Erection of dwelling house

04/00314/OUT Mark And Alison Fitton 27/02/2004 07/05/2004 PER

Kilbrannan Benderloch Oban Argyll

Site for erection of two dwellinghouses

04/00283/DET Mr James Campbell 18/02/2004 07/05/2004 PER

Largieside Longsdale Road Oban Argyll PA34 5JU

Erection of double garage/storage extension

13 May 2004 Page 7 of 11 Page 42 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00242/DET Airwave MM02 Ltd 13/02/2004 27/04/2004 PER

Telecoms Base Station, Ceap Liath Lochbuie Isle Of Mull

Erection of 10.3 metre high tower, antennae, cabin, fence and ancillary equipment

04/00241/REM J Peden 20/02/2004 23/04/2004 PER

Land West Of Ros Dearg Beadoun Tobermory Isle Of Mull

Erection of dwellinghouse

04/00240/DET Andy Hayes 13/02/2004 28/04/2004 PER

2 The Harbour Cornaigmore Scarinish Isle Of Tiree PA77 6XA

Extension to dwellinghouse

04/00234/LIB Argyll And Bute Council 12/02/2004 22/04/2004 PER

The Manor House Gallanach Road Oban Argyll PA34 4LS

Demolition and reconstruction of boundary wall

04/00205/DET Richard Avery 09/02/2004 11/05/2004 PER

Land At Glen Leidle, Carsaig Pennyghael Isle Of Mull

Erection of dwellinghouse for forestry, horticultural and general agricultural purposes

04/00190/OUT P J Carruthers And Others 04/02/2004 23/04/2004 PER

Site South West Of Lachan Cottage, Ledaig Benderloch Oban Argyll Erection of dwelling house and installation of septic tank

04/00175/LIB Administrator - Oban Cathedral 20/02/2004 06/05/2004 PER

Cathedral Church Of St Columba Corran Esplanade Oban Argyll

Formation of disabled vehicular access

04/00162/DET Ann Hutchinson 03/02/2004 11/05/2004 PER

Leob Croft Bunessan Isle Of Mull

Extension to croft house

13 May 2004 Page 8 of 11 Page 43 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00161/DET Ann Hutchinson 29/01/2004 11/05/2004 PER

Leob Croft Bunessan Isle Of Mull

Change of use from derelict byre to residential accommodation ancillary to the croft house

04/00153/COU Mrs Rosemary Davis 13/02/2004 10/05/2004 WDN

Eorabus Croft Ardtun Bunessan Isle Of Mull

Change of use of two self catering cottages to permanent dwellinghouses

04/00130/OUT Joseph Reade 26/01/2004 27/04/2004 WDN

Land Adjacent To Ceilte Dervaig Road Tobermory Isle Of Mull

Erection of Cottage and Outbuildings

04/00124/DET Mr & Mrs S Mclean 26/01/2004 27/04/2004 PER

Plot 1 Land East Of 16 Crossapol Scarinish Isle Of Tiree

Erection of Dwelling House and Installation of Septic Tank

04/00081/LIB Sir Lachlan Maclean 13/01/2004 27/04/2004 PER

Duart Castle Cottage Lochdon Isle Of Mull PA64 6AP

Alterations to Dwelling and Store

04/00077/REM Mr G Forster 19/01/2004 27/04/2004 PER

Ruin North West Of Kentallen Farm Aros Isle Of Mull

Rehabilitation of Derelict Building with Extension to Form Dwelling House and New Access Driveway

04/00067/OUT Mr W And J Orr 16/01/2004 27/04/2004 PER

Tigh An Tuim Benderloch Oban Argyll PA37 1QP

Proposed cycle track support centre - Renewal of 99/01614/OUT

04/00060/DET Graham Brown 15/01/2004 23/04/2004 PER

Kirk Cottage Albert Street Tobermory Isle Of Mull PA75 6PJ

Extension to dwelling house

13 May 2004 Page 9 of 11 Page 44 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

04/00049/DET Sir Lachlan Maclean 13/01/2004 27/04/2004 PER

Duart Castle Cottage Lochdon Isle Of Mull PA64 6AP

Alterations to Dwelling House and Store

04/00045/OUT Catherine C M Carmichael 23/01/2004 23/04/2004 PER

Land South Of Killean Lismore Oban Argyll

Site for Erection of Dwelling House

04/00031/REM Norman MacDonald - Builders 09/01/2004 22/04/2004 PER

Land North West Of Linnhe View Craignure Isle Of Mull

Erection of Dwelling House - Plot 2

03/02411/VARCO Mr & Mrs Colin Boden 23/12/2003 27/04/2004 PER

Land North East Of Ardbrecknish House Ardbrecknish Dalmally Argyll Variation of condition 3 of 03/01538/DET - variation of condition seeking road improvements

03/02380/REM Mr And Mrs G MacCormick 19/12/2003 28/04/2004 PER

Lagnagiogan Isle Of Iona

Erection of dwelling house

03/02358/DET Administrator - Oban Cathedral 20/02/2004 28/04/2004 PER

Cathedral Church Of St Columba Corran Esplanade Oban Argyll

Formation of Disabled Vehicular Access

03/02264/OUT I Maclennan 03/12/2003 20/04/2004 WDN

Land To The North East Of Corry Farm, Fishnish Craignure Isle Of Mull Site for erection of 2 dwellinghouses

03/02255/DET Colin Elliot Hodge 02/12/2003 22/04/2004 PER

Land North West Of Creagan Farm Appin Argyll

Formation of Access to A828

13 May 2004 Page 10 of 11 Page 45 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES App. No Applicant name, address and proposal Valid date Decision date Decision

03/02253/DET Mr I R Hill-Trevor 16/03/2004 30/04/2004 PER

Tigh Na Leirge, Auch Estate Bridge Of Orchy Argyll

Extension of Layby for Temporary Timber Extraction

03/02082/OUT B Buchanan-Smith 14/11/2003 28/04/2004 PER

Eriska House Benderloch Oban Argyll PA37 1SD

Site for erection of dwelling house

03/01970/DET Mr & Mrs W M Buchanan 28/10/2003 15/04/2004 PER

Land South Of Achnaba Farm North Connel Oban Argyll

Erection of Dwelling House

03/01845/DET Mr P Carragher 18/12/2003 07/05/2004 PER

Cragaig West Street Tobermory Isle Of Mull PA75 6QZ

Extension to dwellinghouse

13 May 2004 Page 11 of 11 Page 46

This page is intentionally left blank Page 47 Agenda Item 5c ______

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES DEVELOPMENT SERVICES AREA COMMITTEE 5th MAY 2004 ______

PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE ______

03/00696/OUT David Alan Jones: Site for the erection of dwelling house, land north east of 1 & 2 Glen Houses, Salen Road, Dervaig, Isle of Mull (Pages 49-60)

03/01319/MFF Forera Ltd: Shellfish farm modification – Firsh farm at Sgeir Lag Choan, Loch Etive, Bonawe (Pages 61-70)

03/01884/DET Annie Hall: Replacement of existing single dwelling with two semi- detached dwelling houses, 3 Strongarbh, Tobermory, Isle of Mull (Pages 71-82)

03/02221/DET John R MacFarlane Ltd: Erection of a boat maintenance shed, Balvicar Pier, Balvicar, Isle of Seil (Pages 83-92)

03/02283/COU John Brackenbury: Alterations and change of use of property to Class 7 Guesthouse, Land at Caolas Farm, Isle of Coll, together with report from Senior Building Control Officer in regard to building control issues (Pages 93-102)

04/00082/MFF Celtic Sea Ltd: Proposed shellfish farm, Loch Cridain, Isle of Mull (Pages 103-112)

04/010109/MFF Celtic Sea Ltd: Modification of shellfish farm, Pennyghael, Isle of Mull (Pages 113-122)

04/00166/COU Gillian Barton: Application for temporary sitting of three caravans and installation of septic tank, Nant Farm, Ichrachan, Taynuilt (Pages 123-130)

04/00223/COU J Kennedy & Partners: Change of use of former laundry to form residential flat, 3 Back Combie Street, Oban (Pages 131-136)

04/00251/OUT Mr & Mrs D Thomson: Site for a dwelling, land west of Dunard, Glen Lonan, Taynuilt (Pages 137-148)

04/00289/DET AGL MacTaggart: Formation of new vehicular access, Saliga, North Connel (Pages 149-154)

04/00392/OUT Ken and Elizabeth Lacy: Site for the erection of a dwellinghouse and stable, Land east of Acha Farm, Balvicar, Isle of Seil (Pages 15-166)

04/00393/OUT Ken and Elizabeth Lacy: Site for the erection of a dwellinghouse and stable, Land east of Acha Farm, Balvicar, Isle of Seil (Pages 167- 178)

F:\moderngov\Data\AgendaItemDocs\9\6\9\AI00016969\PlanningList0.doc Page 48

04/00564/OUT L King: Site for a dwelling – Plot 1, Fernie, North Connel (Pages 179-186)

04/00565/OUT L King: Site for a dwelling – Plot 2, Fernie, North Connel (Pages 187-194)

04/00566/OUT L King: Site for a dwelling – Plot 3, Fernie, North Connel (Pages 195-202)

04/00575/DET John and Alison Boyce: Extension to form a bedroom and installation of an oil tank, 44 Achlonan, Taynuilt (Pages 203-210)

04/00701/NMA Mr and Mrs Fair: Erection of dwellinghouse and installation of septic tank - Pony Park, Benderloch (Pages 211-214)

04/00807/DET Mr & Mrs D Hegarty: Formation of three dormer windows, Plot 1, Woodend, Glencruitten Road, Oban (part retrospective) (Pages 215-

24 May 2004

F:\moderngov\Data\AgendaItemDocs\9\6\9\AI00016969\PlanningList0.doc Page 49 Agenda Item 5d

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

15th March 2004

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

SUPPLEMENTARY REPORT NO. 1

(A ) INTRODUCTION

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

Potential Development Area

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

Roads and Access

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

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

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

Draft Local Plan Responses

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696SUPP1JM15III040.DOC 1

Page 50

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

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

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

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

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

(B ) RECOMMENDATION

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

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696SUPP1JM15III040.DOC 2

Page 51

APPENDIX RELATIVE TO 03/00696/OUT

(A) POLICY OVERVIEW

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

Draft Argyll and Bute Local Plan

A4 Development, Roads and Private Accesses

Acceptance of private accesses

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

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

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

Continuous improvement

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

Standards of private accesses

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696SUPP1JM15III040.DOC 3

Page 52

This page is intentionally left blank Page 53

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

17th December 2003

(A) THE APPLICATION

Development Requiring Express Planning Permission

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

(B) RECOMMENDATION

The application is recommended for refusal.

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

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 1

Page 54

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

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

Capacity of landscape to absorb further development

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

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

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

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

Infrastructure and Servicing

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 2

Page 55

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

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

(D) CONCLUSION

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

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

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

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 3

Page 56

REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/00696/OUT

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 4

Page 57

APPENDIX RELATIVE TO 03/00696/OUT

(A) POLICY OVERVIEW

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

Mull, Coll and Tiree Local Plan

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

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

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

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

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

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

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

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

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

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 5

Page 58

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None applicable.

(ii) Consultations

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

(iii) Publicity and Representations

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

No representations received.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\9\AI00016986\0696WR17XII03JM0.DOC 6

Page 59 Page 60

This page is intentionally left blank Page 61 Agenda Item 5e

DEVELOPMENT SERVICES Local Member - Councillor E Robertson PLANNING APPLICATION REPORT Date of Validity - 23rd July 2003 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

10th May 2004

Reference Number: 03/01319/MFF Applicants Name: Forera Ltd Application Type: Marine Fish Farm Consultation Application Description: Shell Fish Farm Modification Location: Fish Farm at Sgeir Lag Choan, Loch Etive, Bonawe, Oban.

(A) THE APPLICATION

Works subject of Marine Fish Farm Consultation Procedure.

• Siting of 4 mussel rafts each 12 metres by 12 metres square.

(B) RECOMMENDATION

It is recommended that no objections be raised to the proposal subject to conditions.

Material Considerations

It is proposed to modify an existing mussel fish farm located at Sgeir Lag Choan within the middle reaches of Loch Etive. The proposal is for the siting of 4 additional mussel rafts, each 12 metres by 12 metres square, increasing the total number of rafts from 17 at present to 21 rafts.

The applicant has indicated in plans attached with the modification application an additional 11 rafts, which would take the total to 28 rafts. Given the specifics of the application form and the concerns raised by SEERAD it is considered that any determination in this instance should be restricted to the additional 4 rafts.

Scottish Executive Locational Guidelines for Marine Fish Farming

The site lies within a Category 3 Area as defined in the Scottish Executive’s Locational Guidelines for the Authorisations of Marine Farms in Scottish Waters. Within a Category 3 area there is considered to be better prospects for satisfying nutrient loading and benthic impact requirements although the detailed circumstances will always need to be examined carefully. As the proposed sites are for shellfish farms, the categories do not apply due to the marginal effect of this sector.

Adopted Lorn Local Plan

Policy RUR 16 of the Lorn Local Plan states that the Council will regard coastal waters adjoining land recognised as being of scenic importance in policy RUR 1 as being ‘sensitive areas’ for fish-farm developments. The site is located within the North Argyll Regional Scenic Area. In these waters, the presumption will be against such development unless it can be justified against the following criteria: i. Landscape Impact; ii. Economic Benefit; iii. Effect on conservation of natural and heritage resources; and iv. Effect on navigation and on other land/water uses and resources. See below for full assessment. (Draft Argyll and Bute Local Plan)

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 1

Page 62

Approved Argyll and Bute Structure Plan 2002

Proposal CP 1 of the Argyll and Bute Structure Plan states that the Argyll and Bute Local Plan shall include appropriate policies relating to shellfish and fin-fish farming, and that the policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issued by the Scottish Executive. See above:

Draft Argyll and Bute Local Plan 2003

The proposed sites lie within a ‘presumption in favour zone’ as identified by the Policy AQ 1 of the Draft Local Plan. Whilst there is an initial presumption in favour of marine fish farming in this particular area, this is conditional on the proposal meeting the criteria set out in Policy AQ 1; namely not having an unacceptable environmental, servicing or infrastructure impact; being consistent with the Scottish Executives strategic framework, guidelines and advice on fish farming; and being consistent with agreements covering the area.

i. Landscape Impact and Visual Amenity

Currently the lease area accommodates 3 lines of mussel rafts parallel with the shore. The rafts are intermittently spaced in an apparent random pattern and each raft has dimensions of 12m x 12m. The proposed modification involves the addition of 4 additional mussel rafts. The submitted plans, however, indicate 11 new rafts infilling the existing gaps and providing a fourth line of rafts between the site and the shore line. The modifications proposed are to be contained with the extent of the existing lease site.

The site is located within middle Loch Etive where there is considerable existing fin fish and shellfish farming activity. The existing mussel farm is visible from both sides of Loch Etive. The proposed rafts would increase the developed surface area of the site and will thus increase the visual impact of the farm from short distance views (e.g. from the northern shore of Loch Etive, adjacent to the site and from the loch itself adjacent to the site). However, in the wider landscape, it is not considered that the additional rafts will have a significant visual impact as they will merge with the existing rafts.

Scottish Natural Heritage has stated, in the past, that “the development is enclosed in a bay therefore does not intrude unduly on long views along the loch and the rafts have been placed along side a small island which helps to disguise then from a distance. The development is also in close proximity to Bonawe quarry therefore the industrial activity at the site is not out of character with the surrounding area.” Scottish Natural Heritage has raised no objections to the proposals. However, they have advised that they can see no scope for further expansion in this area and as such would be unable to support and future application for further development of this site.

In light of the foregoing, it is considered that the proposal can be justified in terms of landscape impact as the addition of 4 mussel rafts will not have a significant detrimental impact on the landscape quality of in this part of Loch Etive.

ii. Economic Benefit

Whilst the proposals will benefit the company economically, I do not consider there to be a significant economic benefit to the community arising from this development.

iii. Effect on conservation of natural and heritage resources

As part of a previous application Scottish Natural Heritage made the following comments regarding Loch Etive:

“Loch Etive is an unusual sea loch with characteristics arising from the fact that it is almost separated from the sea by the narrow sill at the Falls of Lora at Connel. As a result, Loch Etive is the most brackish of the Scottish sea lochs. There is a marked salinity gradient along the loch and down through the water column which is reflected in the distribution of the seabed and shore communities. Typically brackish communities are found on the shore and in shallow water, while

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 2

Page 63

more marine communities occur in deeper water. The unusual marine biological characteristics of the loch are reflected in the fact that it is a Marine Consultation Area.

Sgeir Lag Choan is located some way up the loch which means that it has low energy characteristics and limited dispersive potential. Such low energy sites must be considered susceptible to increased inputs of organic material. The presence of patches of the bacterium Beggiatoa on bedrock during a seabed survey carried out in 1990 at Sgeir Lag Choan is confirmation that this is the case.

iv. Effect on navigation and on other land/water uses and resources

The Northern Lighthouse Board has advised that there is no requirement for any additional navigation marks at this site.

vi. Effect on water quality

The Scottish Environmental Protection Agency has raised no objection to these proposals on the issue of water quality.

The Scottish Executive Environment and Rural Affairs Department have raised concerns that the additional equipment proposed would enable the production of 600 tonnes of mussels annually. The resultant maximum biomass of such production would be large with an unknown level of benthic impact. Accordingly, it is recommended that annual benthic monitoring of the sea bed be carried out.

vi. Infrastructure and Servicing Implications

There is no indication of where the applicant’s existing land base would be. Given the existing operation of the site it is therefore considered that this modification would raise no servicing or infrastructure concerns.

vii. Effect on existing aquaculture development

The Scottish Executive Environment and Rural Affairs Department, Fisheries and Rural Development Group has advised that they do not anticipate any significant environmental impact and can foresee no adverse disease implications which may arise from the development. It is however recommended that management agreements be entered into with other operators sharing the same area, i.e. the Sunart, Sound of Mull, Linnhe, Firth of Lorn management area.

(D) CONCLUSION

• Consistent with policy AQ 1 of the draft Argyll and Bute Local Plan, being justifiable in terms of landscape impact, and not adversely affecting nature conservation, quality and capacity of water catchment and other fishery interests.

• Consistent with Policy RUR 16 of the Lorn Local Plan, being justifiable in terms of landscape impact and not adversely affecting the conservation of natural and heritage resources and navigation or other land/water uses and resources.

• Consistent with the Scottish Executives Locational Guidelines, which categorises Loch Etive as an area where there may be potential for modification of existing operations.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 3

Page 64

RESTRICTIONS RELATIVE TO APPLICATION 03/01319/MFF

1. That notwithstanding the plans accompanying this marine fish farm modification that the development be limited to the provision of 4 additional mussel rafts (12 metres by 12 metres), increasing the maximum number of rafts within the lease site area to 21.

Reason: In the interests of water quality and existing aquaculture developments in this part of middle Loch Etive

2. That benthic monitoring is carried out on the impact of the mussel production from this site on an annual basis, either in accordance with that suggested by the Scottish Executive Environment and Rural Affairs Department, Fisheries and Rural Development Group, (SEERAD) in their letter of 27th August 2003 or some other such benthic monitoring regime which has been formulated by a suitably qualified individual in conjunction with SEERAD. Full details of the actual monitoring regime to be undertaken and its implementation shall be submitted to and approved in writing by the Crown Estates, in consultation with SEERAD and Argyll and Bute Council, as the Planning Authority, prior to the modifications hereby approved being carried out at the site.

Reason: In order to ensure suitable monitoring of the marine environment resulting from the increased production of mussels at this site.

3. Only non-lethal and non-destructive anti-predator measures shall be used at this site, in accordance with the guidance published and provided by Scottish Natural Heritage.

Reason: In the interests of wildlife protection.

NOTE TO APPLICANT RELATIVE TO APPLICATION 03/01319/MFF

The Scottish Executive Environment and Rural Affairs Department – Fisheries and Rural Development Group has advised as follows:

That benthic monitoring is carried out on the impact of the mussel production from this site on an annual basis.

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

Contact:

Alistair Prior Scottish Executive Environment and Rural Affairs Department Fisheries and Rural Development Group Room 409 Pentland House 47 Robb’s Loan EDINBURGH EH14 1TY

Tel: 0131 244 6224

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 4

Page 65

APPENDIX RELATIVE TO 03/01319/MFF

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

PROP CP 1 Aquaculture and Development Control

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shellfish and fin-fish farming.

B) The policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issues by the Scottish Executive.

Draft Argyll and Bute Local Plan

AQ 1 Marine Fish Farming

A) In coastal waters within the ‘presumption in favour zone’ and on adjacent land, there is support in principle for shellfish and fin-fish farming. This support is conditional on the proposal:

1. not having, directly or cumulatively, unacceptable environmental, servicing or access impact. 2. being consistent with the Scottish Executive strategic framework, guidelines and advice on fish farming. 3. being consistent with agreements covering the area which may be reached between partners and the planning authority as part of the coastal framework plan process.

B) Other than in exceptional circumstances, shellfish and fin-fish farming shall be resistant in coastal waters within the ‘coastal constraints zone’.

Lorn Local Plan

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

(b) Regional Scenic Areas: (ii) North Argyll

RUR 16 The Council will regard coastal waters adjoining land recognised as being of scenic importance in policy RUR 1 as being ‘sensitive areas’ for fish-farm developments. In these waters, the presumption will be against such development unless it can be justified against the following criteria:

i. Landscape impact; ii. Economic benefit; iii. Effect on conservation of natural and heritage resources; and iv. Effect on navigation and on other land/water uses and resources.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 5

Page 66

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

02/01076/MFF: No objections raised on 4th September 2002 to a shellfish farm modification on this site increasing the number of mussel rafts (12m x 12m) from 11 to 17.

01/00413/MFF: No objections raised on 18th June 2001 to a shellfish farm modification on this site increasing the number of mussel rafts (12m x 12m) from 6 to 11.

97/00588/MFF: No objections raised on 5th June 1997 to a shellfish farm modification on this site increasing the number of mussel rafts (12m x 12m) from 4 to 6.

(ii) Consultations

Response Date Comment Scottish Environmental 25/07/03 There are no objections in principle to this Protection Agency proposal. Scottish Natural Heritage 20/08/03 No objections to this application. Scottish Executive 27/08/03 The increase in scale of production from the site Environment & Rural would be large and it is unknown what level of Affairs Department benthic impact to expect. It is recommended that a monitoring program be conditioned. We can foresee no adverse disease risk implications arising from this application. RSPB Scotland 14/08/03 The modifications proposed appear unlikely to present additional impact on the existing bird communities of the area. Northern Lighthouse 12/09/03 No requirement for any additional navigation Board marks at this site. Ardchattan Community 02/08/03 No objections to the proposed infilling by some Council additional 11 rafts of the existing site but are, however, concerned that the site has doubled in size within the last 15 months. Forestry Commission 17/07/03 Concern at any increased access to the site along a private road without increased obligation to repairing and maintaining the road.

(iii) Publicity and Representations

Advert Type: Interim Procedures advert Closing Date: 15th August 2003

Representations: Yes

Name Address Letter date Janet Church – Tigh-Na-Speir, Connel, OBAN, PA37 1PH 12/08/03 Loch Etive Farmed Shellfish John Holmyard – Polfearn, TAYNUILT, PA35 1JQ 29/08/03 Cadderlie Mussels

Summary of points raised:

• The modification application is unclear as to the actual proposed increase in development on the site. The form states 4 additional rafts but the plan show 11 rafts. Comments: As stated in my report this matter is unclear. However, the assessment and recommendation that no objections be raised to this modification is based on an increase of 4 rafts at the site only.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 6

Page 67

• The proposed increase (of 11 rafts) in production is equivalent to the entire combined production currently achieved in the loch. It is unlikely that the site will support such growth. Comments: My report recommends accordingly.

• This site has expanded from two longlines originally to the present application. This proposed density of development would detrimentally affect an adjacent site as it would affect the currents bringing nutrients to that site. Comments: No objections have been raised by the appropriate consultees with respect to proximity or concerning any adverse disease implications.

• There has been no evidence to justify the employment claims nor has there been compliance with the terms of previous consents. Comments: The employment issue is a small but not significant part of the planning assessment of this modification application. Compliance is a matter to be addressed by the Crown Estates as landlords.

• This proposal for expansion of the site has been made without producing evidence of carrying capacity, water current movements or assessment of growth yields. The last thing that other producers in this part of the loch need is an overcrowded site producing poor quality mussels that might be detrimental to human health. Comments: No objections have been raised by the appropriate consultees with respect to proximity or concerning any adverse disease implications.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\8\9\AI00016987\1319WR10V04JM0.DOC 7

Page 68

This page is intentionally left blank Page 69 Page 70

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

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 30th October 2003 OBAN, LORN AND THE ISLES Committee Date - 5th May 2004

4th May 2004

Reference Number: 03/01884/DET Applicants Name: Annie Hall Application Type: Detailed Application Application Description: Replacement of existing single dwelling with two semi-detached dwelling houses Location: 3 Strongarbh Park, Tobermory, Isle of Mull.

SUPPLEMENTARY REPORT NO. 1

(A ) INTRODUCTION

Members will recall my report dated 15th April 2004 in respect of this application. The applicant and her agent have provided additional information with regard to the proposed development and with regard to the details contained in my earlier report.

The applicant has submitted electronic mail (dated 2nd May 2004) in support of the proposed development which includes the following:

The proposed development is not speculative or for a self-catering business. There has been a housing shortage in Tobermory in the last three years and as a result house prices have risen. The property currently has no heating system, has a leaking roof and the back windows are rotten. This proposal is the only means of financing a new dwelling. All of the neighbouring properties are two storey and this proposal would not therefore set a precedent.

The applicant’s agent has also submitted electronic mail (dated 29th & 30th April 2004) in support of the proposed development which includes the following:

The existing property is an old, flat roofed chalet in an extremely dilapidated condition and requires attention.

Also concerned at inaccuracies within the Committee Report:

• The actual area of the existing house is 90 sq metres, not 48 as stated.

• The actual footprint of the proposed house is 116 sq metres, not 136 as stated.

• The proposal will be 3 metres higher than the existing flat roof, not 4 metres as stated.

The comparison made between the inaccurate figures in the report is therefore exaggerated and misleading. The accommodation provided within the proposed two small 2 bed semis would be no greater that the surrounding storey and a half detached villas.

A full apology has been given to the applicant for the errors made in the report and for any misinterpretation of the planning application that has derived there from.

Nonetheless, the drawings submitted with the application are those upon which the site examination was carried out. The concerns raised in my report, regarding the size of the proposed building, especially providing for two separate dwellings, within the confines of the available site, remain the same. Equally, the potential precedent that could be set for further sub-divisions of the existing properties within Strongarbh remains of concern.

(B ) RECOMMENDATION

Accordingly, even with the knowledge of the factual errors in my original report it is still considered that this proposal should be recommended for refusal. F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884SUPP15V04JM0.DOC 1

Page 72

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884SUPP15V04JM0.DOC 2

Page 73

REASON FOR REFUSAL RELATIVE TO APPLICATION 03/01884/DET

1. If approved the proposal would result in an increased density of development which would not reflect that of the existing Strongarbh Park development which is already of a higher density than that of the surrounding properties in the Western Road area. As such it would introduce a density of development that would, if repeated, greatly alter the relationship between the properties and reduce the already limit residential amenity enjoyed by the occupiers of those buildings to a detrimental level. The layout and mass of the proposed building, in relation to both the existing plot size and adjacent properties, would be excessive thereby significantly altering the overall appearance and townscape of this existing, uniform group of dwellings to one that would appear cramped and overdeveloped, to the detrimental of the general character of the settlement pattern of the area and contrary to policies BE 8(A) of the Mull Coll and Tiree Local Plan and Policies H 1(A) H 4(B) and E 10 of the Argyll and Bute Draft Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884SUPP15V04JM0.DOC 3

Page 74

This page is intentionally left blank Page 75

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 30th October 2003 OBAN, LORN AND THE ISLES Committee Date - 5th May 2004

15th April 2004

Reference Number: 03/01884/DET Applicants Name: Annie Hall Application Type: Detailed Application Application Description: Replacement of existing single dwelling with two semi-detached dwelling houses. Location: 3 Strongarbh Park, Tobermory, Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of 1 no. pair of semi detached dwelling houses

Other Specified Operations

• Demolition of existing detached dwelling

(B ) RECOMMENDATION

This proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application proposes the demolition of a single storey flat roofed 3 bedroom dwelling house and its replacement with a pair of semi-detached properties with 2 car parking spaces per dwelling.

The site forms part of a development of 10 detached properties known as Strongarbh Park, off Western Road, Tobermory. The estate is comprised of detached properties served off a common access/car parking area. Footpaths lead from the parking area to the majority of the properties. The application site is situated on a prominent corner plot at the entrance to the Park.

The Agent was informed that the proposed semi detached development would be considered to represent over development of the site and would not be in keeping with the surrounding area.

The proposed dwellinghouses would occupy a site area of some 136 square metres compared to the 48 square metres occupied by the existing dwelling. Unlike the existing flat roofed dwelling it would have a pitched roof with velux windows in the roof to provide light and ventilation to proposed bedrooms on the first floor. The proposed property will be 7m in height, some 4m higher than the existing building.

Strongarbh Park and Western Road areas are generally comprised of detached properties set within relatively generous plot sizes. It is considered that the proposal, if allowed, would introduce a design of property into the Park, which would be contrary to its present character and the character of Western Road area in general. Furthermore, the proposed dwellings by virtue of their scale and massing would result in a development having a cramped and overdeveloped appearance in relation to the adjoining properties. The application, if approved may also set a precedent for other similar proposals elsewhere within Strongarbh Park to the detriment of the present settlement pattern and the existing amenity of the occupants of these properties.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 1

Page 76

Access and Servicing

The Area Roads Manager raises no objections to the proposal subject to conditions relating to the upgrading of sightlines at the existing junction, surface water drainage and provision of parking. It is considered that such requirements can be complied with.

No objections have been raised as far as site servicing is concerned.

Development Plan Policy

The application is contrary to Policy BE 8(A) of the Mull, Coll and Tiree Local Plan in that the lay-out of the proposal would introduce a style of development into the area which would not be in keeping with the character of Strongarbh Park and that of the wider Western Road area.

The application is considered to be contrary to the provisions of policy H 1, ‘Housing Development’; Policy H 4(B) ‘Housing Layout and Design’; and Policy E 10 ‘Development Setting Layout and Design’ of the Draft Local Plan, in that it would result in an unacceptable form of development by virtue of its design, massing and layout which are considered to be of a low standard for the location and setting of the development.

Although within an urban area the resultant increased density of the proposed development would not reflect that of the existing Strongarbh Park development which is already of a higher density than that of the surrounding properties in the Western Road area. As such it would introduce a density of development that would, if repeated, greatly alter the relationship between the properties and reduce the already limit residential amenity enjoyed by the occupiers of those buildings to a detrimental level.

The layout and mass of the proposed building, in relation to both the existing plot size and adjacent properties, would be excessive thereby significantly altering the overall appearance and townscape of this existing, uniform group of dwellings to one that would appear cramped and overdeveloped.

(D ) CONCLUSION

Having regard to the fact that Strongarbh Park and the Western Road area are generally characterised by detached dwelling houses set in fairly generous grounds it is considered that the proposed demolition of the existing property and the redevelopment of the site with a pair of semi detached dwelling houses would result in a form of development that would not be in keeping with the character of the area and therefore contrary to the provisions of policies BE 8(A) of the Mull, Coll and Tiree Local Plan and H 1 and H 4(B) and E 10 of the Draft Argyll and Bute Local Plan.

Angus Gilmour Head of Service

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 2

Page 77

REASON FOR REFUSAL RELATIVE TO APPLICATION 03/01884/DET

1. If approved the proposal would result in an increased density of development which would not reflect that of the existing Strongarbh Park development which is already of a higher density than that of the surrounding properties in the Western Road area. As such it would introduce a density of development that would, if repeated, greatly alter the relationship between the properties and reduce the already limit residential amenity enjoyed by the occupiers of those buildings to a detrimental level. The layout and mass of the proposed building, in relation to both the existing plot size and adjacent properties, would be excessive thereby significantly altering the overall appearance and townscape of this existing, uniform group of dwellings to one that would appear cramped and overdeveloped. to the detrimental of the general character of the settlement pattern of the area and contrary to policies BE 8(A) of the Mull Coll and Tiree Local Plan and Policies H 1(A) H 4(B) and E 10 of the Argyll and Bute Draft Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 3

Page 78

APPENDIX RELATIVE TO APPLICATION 03/01884/DET

(A) POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported.

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

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

Adopted Mull, Coll and Tiree Local Plan

BE 8(A) The Council will seek to achieve a high standard of design and layout where new developments are proposed. Proposals for new residential development should have regard to the Council’s published design guidelines.

Draft Argyll and Bute Local Plan

E 10 Development Setting, Layout and Design

Development layout and density B) Development layout and density shall effectively integrate with the urban, suburban or rural setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.

Development design C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as national scenic areas, very sensitive countryside, sensitive countryside, conservation areas, special built environment areas, historic landscapes, and the settings of listed buildings. Within such locations, the quality of design will require to be higher than in other less sensitive locations.

D) The design of buildings shall complement the size of settlement or the qualities of the countryside containing the development site. Building design shall be suitably adapted to meet reasonable expectations for special needs groups. Energy efficient design is encouraged. Development design which is judged to be poor or ‘not good enough’ for a particular location shall be resisted.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 4

Page 79

H 1 Housing Development

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

H 4 Housing Layout and Design

A) Encouragement shall be given to traditional, innovative and sympathetic housing development layout and design, which are appropriate to their mainland, island, town, village, minor settlement, countryside or coastal settings.

B) Housing layout and designs which are judged by the planning authority to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted. Overly suburbanised forms of development are unlikely to be accepted in sensitive locations in villages, minor settlements and countryside.

C) Housing densities shall take account of the nature of the housing proposed and the quality of the area containing the site. Over-development of sites shall be resisted. When applicable, housing densities shall comply with development briefs in this plan*. In the case of non-flatted housing development, the private open space provision shall meet the minimum standard specified in policy note 1 (page 66). Reduced standards may be acceptable in the following exceptional circumstances.

1. where there are special site considerations e.g. where constraints on private open space are imposed due to the quality of the built environment such as in conservation areas or 2. when there are special occupancy circumstances e.g. when the first and future occupiers are unlikely to require these standards of private open space provision (noting that a Section 75 planning agreement may be required, at the discretion of the planning authority, to underpin future restricted occupancy).

* to be included in due course in a Supplementary Information and Guidance Report.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None.

(ii) Consultations

Response Date Comment Area Roads Engineer 11/2/2004 No objection subject to conditions. Scottish Water 17/11/2003 No objection in principle - see notes to applicant. Public Protection Unit 17/11/2003 No objection – recommends external lighting condition.

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land

Closing Date: 27th November 2003

Representations: Yes

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 5

Page 80

Name Address Letter date A and M Ingram 1 Strongbarbh Park, Tobermory, Isle of Mull 23.11.2003

Summary of points raised:

• Scale of proposed building out of keeping with surrounding area. Comments: It is agreed that the proposed building will not be in keeping with the surrounding area.

• Concerned that services will not cope with additional capacity. Comments: No objections are raised by the statutory consultees regarding the servicing of the site.

• Additional car parking would be required. Comments: The Area Roads Manager raises no objections to the proposal subject to conditions.

• The garden areas of the properties are considered to be common ground. Comments: The issue of common ground is a private legal matter between the parties and is not a planning issue.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\8\9\AI00016988\1884WRLAA1504040.DOC 6

Page 81 Page 82

This page is intentionally left blank Page 83 Agenda Item 5g

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

4th May 2004

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

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

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

Other Specified Operations

• Connection to public water main

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

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

Adopted Lorn Local Plan

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 1

Page 84

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

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

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

Draft Argyll and Bute Local Plan

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

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

(D ) CONCLUSION

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

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

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 2

Page 85

CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02221/DET

1. Standard detailed.

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

Reason: In the interests of residential amenity.

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

Reason: In the interests of residential amenity.

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

Reason: In the interests of visual appearance and amenity.

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

Reason: In the interests of public health and amenity.

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

Reason: In the interests of visual appearance and amenity.

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

Reason: In the interests of visual amenity.

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 3

Page 86

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 4

Page 87

NOTE TO APPLICANT RELATIVE TO APPLICATION 03/02221/DET

Scottish Water have advised as follows:

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

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

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

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

Contact:

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

Tel: 0845 601 8855

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 5

Page 88

APPENDIX RELATIVE TO 03/02221/DET

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Adopted Lorn Local Plan

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

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

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

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

Draft Argyll and Bute Local Plan

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 6

Page 89

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this proposal.

(ii) Consultations

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

(iii) Publicity and Representations

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

Representations: Yes

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

Summary of points raised:

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

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

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

• Concerns raised over noise, light and water pollution.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 7

Page 90

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

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

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

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

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

(iv) Applicant’s Supporting Statement

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\8\9\AI00016989\2221WR040504SKP0.DOC 8

Page 91 Page 92

This page is intentionally left blank Page 93 Agenda Item 5h

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

15th March 2004

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

(A) THE APPLICATION

Development Requiring Express Planning Permission.

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

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

Other Specified Operations

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

(B) RECOMMENDATION

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 1

Page 94

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

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

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

Existing Policy

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

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

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

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

Draft Policy

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

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

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

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

(D) CONCLUSION

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 2

Page 95

Angus J Gilmour Head of Planning

Author: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 3

Page 96

APPENDIX RELATIVE TO 03/02283/COU

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 7 Nature Conservation and Development Control

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

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 4

Page 97

Draft Argyll and Bute Local Plan

F1 Development in Support of Farms, Crofts and Estates

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

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

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

a) farm, croft or estate diversification proposals;

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

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

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

e) family and employment considerations.

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

T1 Presumptions in Favour and Against Tourist Accommodation Development

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

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

In the countryside

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 5

Page 98

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

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

Mull, Coll and Tiree Local Plan

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

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

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

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

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

(b) Coll

Council’s Caravan Policy

States (in part) that:

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 6

Page 99

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

(ii) Consultations

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 7

Page 100

(iii) Publicity and Representations

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

Representations: Yes

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

Summary of points raised:

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\9\9\AI00016990\2283WRJM16III040.DOC 8

Page 101 Page 102

This page is intentionally left blank Page 103 Agenda Item 5i

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 21st January 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

10th May 2004

Reference Number: 04/00082/MFF Applicants Name: Celtic Sea Ltd Application Type: Marine Fish Farm Consultation Application Description: Proposed Shell Fish Farm Location: At Slochd Bay, Loch Scridain, Ardmeanach, Isle of Mull.

(A) THE APPLICATION

Works subject of Marine Fish Farm Consultation Procedure.

• A new shell fish farm comprising the siting of 10 mussel longlines each 220 metres

(B) RECOMMENDATION

It is recommended that objections be raised to the proposal.

Material Considerations

It is proposed to form a new mussel shell fish farm within Slochd Bay, on the northern reaches of Loch Scridain. The proposal is for the siting of 10 mussel longlines, each 220 metres long, within an area of 220 x 200 metres. The applicant anticipates that on reaching maximum production in Summer 2006 that the site will have a maximum production of 350 tonnes per annum.

Scottish Executive Locational Guidelines for Marine Fish Farming

Adopted Mull, Coll and Tiree Local Plan

Policy RUR 21 of the Lorn Local Plan states that the Council will regard coastal waters adjoining land recognised as being of scenic importance in policy RUR 1A as being ‘sensitive areas’ for fish-farm developments. The site is located within the West and South Mull Regional Scenic Area. In these waters, the presumption will be against such development unless it can be justified against the following criteria: i. Landscape Impact; ii. Economic Benefit; iii. Effect on conservation of natural and heritage resources; and iv. Effect on navigation and on other land/water uses and resources. See below for full assessment. (Draft Argyll and Bute Local Plan)

Approved Argyll and Bute Structure Plan 2002

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 1

Page 104

with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issued by the Scottish Executive. See above:

Draft Argyll and Bute Local Plan 2003

i. Landscape Impact and Visual Amenity

The upper shoreline of Loch Scridain remains undeveloped for marine aquaculture at present with the exception of the applicant’s existing mussel longline site at Killiemore (considered elsewhere in this agenda).

This part of the Ardmeanach peninsular, beyond Tiroran House, does not have any public roads passing along it, nonetheless, it is relatively well used for recreational purposes. Slochd Bay forms one of the few enclosed bays along this otherwise open part of the Loch coastline. The area is relatively devoid of development and for the greater part the slopes of Gib Bheinn and Maol Mheadhonach are considered to be semi wilderness landscapes.

It is into this area that the proposal for a relatively large mussel shell fish farm is proposed. The proposed site is angled northeast – southwest into the bay and extends to 200 metres by 220 metres. As such it would effectively cover the full extent of the bay. It is not considered that this landscape has the capacity to absorb a large scale feature such as this without a detrimental impact upon the isolated landscape and the panoramic nature of the coastscape, contrary to the provisions of policy STRAT DC 8 and AQ 1 of the draft Argyll and Bute Local Plan and policy RUR 21 of the Mull, Coll and Tiree Local Plan.

As such it is considered that the introduction of such a large scale, man-made feature (comprising straight geometric lines) into a very open landscape area would have an adverse impact on the landscape quality of this area and as such cannot be justified in terms of its impact.

ii. Economic Benefit

The applicant has advised that at present they are unable to keep up with the demand for fresh rope grown mussels therefore further farm sites are required. They have further advised that the direct benefits of these two new sites will be to secure the companies long term future and that of the existing 8 staff. The new sites in Loch Melfort will also require an additional 6 full-time staff plus shore bases staff. They have advised that the indirect benefits would be the employment and wealth created in the industries peripheral to their own. These include transport services, fuel suppliers, mussel farming equipment suppliers, boat builders, engineering services etc. all of these supplies and services are sourced locally where possible.

iii. Effect on conservation of natural and heritage resources

Scottish Natural Heritage have made the following comments:

“The loch is host to large populations of wintering divers and ducks and as such recommend that non-destructive anti predator methods are used and in particular that surface nets are avoided. The mesh size of vertically submerged anti predator netting should be no larger than 70mm so as to avoid trapping and subsequently drowning birds.”

iv. Effect on navigation and on other land/water uses and resources

No adverse comments have been received.

v. Effect on water quality

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 2

Page 105

No adverse comments have been received.

vi. Infrastructure and Servicing Implications

The proposed site would be serviced by the applicant’s existing land base at Aird Fada, on the south side of the loch. The proposal therefore raises no servicing or infrastructure concerns.

vii. Effect on existing aquaculture development

No adverse comments have been received.

(D) CONCLUSION

The proposal will have an adverse impact on the landscape quality of the West and South Mull Regional Scenic Area. The proposal cannot be justified in terms of landscape impact and is accordingly contrary to Policy STRAT DC 8 and AQ 1 of the draft Argyll and Bute Local Plan; Policy RUR 21 of the Mull, Coll and Tiree Local Plan and Government guidance contained within Advice Note: Marine Fish Farming and the Environment.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 3

Page 106

REASONS FOR OBJECTION RELATIVE TO APPLICATION 04/00082/MFF

1. Slochd Bay forms one of the few enclosed bays along this otherwise open part of the Loch coastline. The area is relatively devoid of development and for the greater part the slopes of Gib Bheinn and Maol Mheadhonach are considered to be semi wilderness landscapes. It is into this area that the proposal for a relatively large mussel shell fish farm is proposed. The proposed site is angled northeast – southwest into the bay and extends to 200 metres by 220 metres, 10 x 220 metre longlines. As such it would effectively cover the full extent of the bay. It is not considered that this landscape has the capacity to absorb a large scale feature such as this without a detrimental impact upon the isolated landscape and the panoramic nature of the coastscape. As such it is considered that the introduction of such a large scale, man-made feature (comprising straight geometric lines) into a very open landscape area would have an adverse impact on the landscape quality of this area and as such cannot be justified in terms of its impact, contrary to the provisions of policy STRAT DC 8 and AQ 1 of the draft Argyll and Bute Local Plan and policy RUR 21 of the Mull, Coll and Tiree Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 4

Page 107

APPENDIX RELATIVE TO 04/00082/MFF

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

PROP CP 1 Aquaculture and Development Control

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shellfish and fin-fish farming. B) The policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issues by the Scottish Executive.

Draft Argyll and Bute Local Plan

STRAT DC 8 Landscape and Development Control

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non- sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with:

1. National Scenic Areas 2. Historic landscapes and their settings with close links with archaeology and built heritage and/or historic gardens and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.

B) Protection, conservation and enhancement to landscape will also be encouraged in association with development and land use proposals.

AQ 1 Marine Fish Farming

A) In coastal waters within the ‘presumption in favour zone’ and on adjacent land, there is support in principle for shellfish and fin-fish farming. This support is conditional on the proposal:

B) Other than in exceptional circumstances, shellfish and fin-fish farming shall be resistant in coastal waters within the ‘coastal constraints zone’.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 5

Page 108

Mull, Coll and Tiree Local Plan

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

(b) Regional Scenic Areas: West and South Mull

RUR 21 The Council will regard coastal waters adjoining land recognised as being of scenic importance in policy RUR 1A as being ‘sensitive areas’ for fish-farm developments. In these waters, the presumption will be against such development unless it can be justified against the following criteria:

i. Landscape impact, ii. Economic benefit, iii. Effect on conservation of natural and heritage resources, iv. Effect on navigation and on other land/water uses and resources.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Scottish Natural Heritage 16/02/04 No objections subject to conditions. Scottish Executive 13/02/04 The scale of the site, in a fairly exposed area, Environment & Rural should not cause any significant adverse Affairs Department environmental impact and we can foresee no adverse disease risk implications arising from this application. RSPB Scotland 25/01/04 Any anti-predatory measures should be non- lethal and non-destructive. Northern Lighthouse 29/01/04 No objections subject to conditions. Board

(iii) Publicity and Representations

Advert Type: None Closing Date: N/A

Representations: Yes

Name Address Letter date S. Morley Alafoss, Cuilfail Terrace, Kilmelford, OBAN, 31/01/04 PA34 4XH Fiona Brown Tigh Na H’Abhann, Pennyghael, ISLE OF MULL, 15/02/04 PA70 6HB

Summary of points raised:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 6

Page 109

Comments: It is a matter for the operator and the landlord, Crown Estates, to ensure that all endeavours are made to prevent equipment from escaping from the site and causing a nuisance to others.

• The lochs are areas of outstanding natural beauty. Their shores constitute a significant amenity for local people, and bring many tourists into the area. Were this beauty to be spoilt by the imposition of the proposed farm local people would be denied this amenity and the tourist trade would suffer. Local people would lose jobs because of the proposed farm. Comments: It is considered that the landscape value of this part of Loch Scridain is such that a development on the scale proposed could not be supported in terms of landscape impact.

(iv) Applicants Supporting Statement

The applicant has submitted a supplementary statement (dated 3rd November 2003) in support of the proposed development which includes the following:

Loch Scridain has been a particularly productive loch and demand for these mussels are high. The site allows the company to expand its business and contribute to the local economy, there are 7 full time local staff.

The site lies directly across from the existing shore base which has a remoteness and closeness to the loch entrance. There are no houses overlooking the site from the north shore and the site will be almost invisible from the main road and houses on the south shore due to the distance and the low profile.

The lines would be kept close to the shore to reduce the impact on commercial fishing operations. Over the past few years the numbers of trawlers fishing the loch has reduced to almost zero due to tight quotas and over fishing of the area.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\9\9\AI00016991\0082WR10V04JM0.DOC 7

Page 110

This page is intentionally left blank Page 111 Page 112

This page is intentionally left blank Page 113 Agenda Item 5j

DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 26th January 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

10th May 2004

Reference Number: 04/00109/MFF Applicants Name: Celtic Sea Ltd Application Type: Marine Fish Farm Consultation Application Description: Modification to Shell Fish Farm Site Location: Fish Farm at Killiemore, Loch Scridain, Pennyghael, Isle of Mull.

(A) THE APPLICATION

Works subject of Marine Fish Farm Consultation Procedure.

• Siting of 4 additional mussel longlines each 220 metres long.

(B) RECOMMENDATION

It is recommended that objections be raised to the proposal.

Material Considerations

It is proposed to modify an existing mussel fish farm located at Killiemore at the head of Loch Scridain. The proposal is for the siting of 4 additional mussel longlines, each 220 metres long, increasing the total number of longlines from 8 at present to 12.

Scottish Executive Locational Guidelines for Marine Fish Farming

Adopted Mull, Coll and Tiree Local Plan

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 1

Page 114

Approved Argyll and Bute Structure Plan 2002

Draft Argyll and Bute Local Plan 2003

i. Landscape Impact and Visual Amenity

The site is located at the head of Loch Scridain. The upper shoreline of Loch Scridain remains undeveloped for marine aquaculture at present with the exception of the applicant’s existing longline site, currently with permission for two separate groups of four longlines each (totalling 8 x 220 metre) and split with a clear 140 metre gap between them. It is this site that the applicant wishes to modify, to increase the lease area to accommodate a further four longlines, two in each group.

This area of Mull is of a high landscape quality with a semi-wilderness quality. Two houses overlook the northern shore of Loch Scridain, however, the fish farm site is offset from these and development of the site would not have a significant impact on residential amenity.

The site is sufficiently distant from the Craignure/Bunessan road on the southern shore of the Loch so as not to have a detrimental visual impact on the landscape due to the diminishing effect of distance and the site’s position close to the shoreline. The most significant visual impact will be from the public road on the northern shore of the loch (B8035). The road runs close to the shoreline and as a result the farm will be highly visible over approximately a one and a half mile stretch of this road around the head of the loch. The proposed enlarged lease area will have a much greater impact than the existing lease area as the longlines will be further out from the coastline, in addition to covering a greater area.

Objections were raised to a previous modification application (Ref. No. 99/01787/MFF). That proposal was for a single block of eight x 200 metre longlines replacing the two longlines that existed at the time. It was considered that the enlarged lease area would have had a much greater impact than the existing lease area as the longlines would be further out from the coastline, in addition to covering a greater area. Accordingly, it was considered that the introduction of a large scale man-made feature, comprising straight geometric lines, would have had an adverse impact on the landscape quality of this area.

As a result a second modification application was proposed (Ref. No. 00/00660/MFF). It comprised the same total of eight x 200 metre longlines. However, these were split into two groups of four x 200 metre longlines, stretched along the coastline, with a visible gap of 140 metres between the two groups. These longlines comprise the present site layout and are sited in an area some 60 metres from the shoreline, extending out some 180 metres from the shoreline. The distance between the individual longlines has been kept at the minimum 20 metres.

No objections were raised for that alteration. It was considered that the repositioning of the longlines closer into the shore reduced the visual impact compared with the previous modification. It was justified that there was a localised landscape impact along a short section of the northern shore of Loch Scridain but that the impact on the wider landscape, at the head of the loch, was not significant.

As a result of the modification hereby proposed there would be two groups of 6 x 220 metre longlines encroaching out into the loch, as previously, but now over a much longer part of the F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 2

Page 115

shore line, some 580 metres. As such the introduction of such a large scale, man-made feature (comprising straight geometric lines) would have an adverse impact on the landscape quality of this area and as such cannot be justified in terms of its impact.

ii. Economic Benefit

An objection has been received, through the Scottish Executive Environment and Rural Affairs Department, Fisheries and Rural Development Group, from the Mallaig and North West Fishermen’s Association that the proposed extension would be detrimental to sprat and prawn fishing activity.

The applicant states that these additional lines will help secure the supply of mussels and secure the existing jobs provided locally.

iii. Effect on conservation of natural and heritage resources

Scottish Natural Heritage have made the following comments:

Previously Scottish Natural Heritage has advised that:

“Due to the combination of benthic and landscape considerations it is our opinion that there is little scope for further development in this part of the loch.”

iv. Effect on navigation and on other land/water uses and resources

No adverse comments have been received.

v. Effect on water quality

No adverse comments have been received.

vi. Infrastructure and Servicing Implications

The proposed site would be serviced by the applicant’s existing land base at Aird Fada, on the south side of the loch. The proposal therefore raises no servicing or infrastructure concerns.

vii. Effect on existing aquaculture development

No adverse comments have been received.

(D) CONCLUSION

The proposal will have an adverse impact on the landscape quality of the West and South Mull Regional Scenic Area. The proposal cannot be justified in terms of landscape impact and is accordingly contrary to Policy AQ 1 of the draft Argyll and Bute Local Plan; Policy RUR 21 of the Mull, Coll and Tiree Local Plan and Government guidance contained within Advice Note: Marine Fish Farming and the Environment.

Angus J Gilmour Head of Planning

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 3

Page 116

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 4

Page 117

REASONS FOR OBJECTION RELATIVE TO APPLICATION 04/00109/MFF

1. The site lies within an area identified as being ‘very sensitive to fish farm development’ wherein there is a presumption against such development unless the proposal can be justified in terms of the criteria set out in Policy AQ 1 of the draft Argyll and Bute Local Plan and Policy RUR 21 of the Mull, Coll and Tiree Local Plan. The proposal for a total of two groups of 6 x 220 metre mussel longlines located out from the shoreline would introduce a conspicuous man-made feature within the landscape which would detract from the semi-wilderness character of the landscape. The proposal cannot be justified in terms of landscape impact and is therefore contrary to Policy AQ 1 of the draft Argyll and Bute Local Plan and Policy RUR 21 of the Mull, Coll and Tiree Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 5

Page 118

APPENDIX RELATIVE TO 04/00109/MFF

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

PROP CP 1 Aquaculture and Development Control

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shellfish and fin-fish farming.

B) The policies will accord with the principles and categories contained in “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” issues by the Scottish Executive.

Draft Argyll and Bute Local Plan

AQ 1 Marine Fish Farming

A) In coastal waters within the ‘presumption in favour zone’ and on adjacent land, there is support in principle for shellfish and fin-fish farming. This support is conditional on the proposal:

B) Other than in exceptional circumstances, shellfish and fin-fish farming shall be resistant in coastal waters within the ‘coastal constraints zone’.

Mull, Coll and Tiree Local Plan

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

(b) Regional Scenic Areas: West and South Mull

i. Landscape impact, ii. Economic benefit, iii. Effect on conservation of natural and heritage resources, iv. Effect on navigation and on other land/water uses and resources.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 6

Page 119

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

00/00660/MFF: No objections were raised on 14th July 2000 for an amended modification proposal splitting the site into two groups of four longlines with a visible gap between and thus reducing the landscape impact on this area.

99/01787/MFF: Objections were raised on 28th February 2000 for a modification that would extend the site to one group of eight longlines in this area identified as being ‘very sensitive to fish farm development’ as being contrary to policy.

The original shellfish farm was the subject of a Crown Estate lease consultation in April 1990.

(ii) Consultations

Response Date Comment Scottish Environmental 19/02/04 There are no objections in principle to this Protection Agency proposal. Scottish Natural Heritage 16/02/04 No objections subject to conditions. Scottish Executive 13/02/04 The scale of the site, in a fairly exposed area, Environment & Rural should not cause any significant adverse Affairs Department environmental impact and we can foresee no adverse disease risk implications arising from this application. However, the Mallaig and North West Fisherman’s Association have lodged objections to the proposed extension as this would be detrimental to sprat and prawn fishing activity. RSPB Scotland 25/01/04 The proposal does not appear to pose any additional problems for birds at this location. Northern Lighthouse 29/01/04 No objections subject to conditions. Board

(iii) Publicity and Representations

Advert Type: None Closing Date: N/A

Representations: Yes

Name Address Letter date Fiona Brown Tigh Na H’Abhann, Pennyghael, ISLE OF MULL, 15/02/04 PA70 6HB

Summary of points raised:

• In the past a large number of large black floats break loose in storms and are found all around the shore of Loch Scridain. Some have even been blown across the main road causing a potential danger to traffic. Others must be washed out to sea and cause a danger to small craft and land up as litter on other shores. What can be done about this? Comments: It is a matter for the operator and the landlord, Crown Estates, to ensure that all endeavours are made to prevent equipment from escaping from the site and causing a nuisance to others.

(iv) Applicants Supporting Statement

The applicant has submitted a supplementary statement (dated 3rd November 2003) in support of the proposed development which includes the following:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 7

Page 120

Loch Scridain has been a particularly productive loch and demand for rope grown mussels currently outstrips supply. The current site has extremely good growth rates and an addition of two longlines on south side of each group of four longlines will have little increased visual impact.

Once the site has been expanded it will allow the growth of mussels on a rotational basis using other sites in the loch. This will help minimise the build up of fouling organisms such as starfish and barnacles.

These additional lines will help secure the supply of mussels and secure the existing jobs provided locally.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\9\9\AI00016992\0109WR10V04JM0.DOC 8

Page 121 Page 122

This page is intentionally left blank Page 123 Agenda Item 5k

DEVELOPMENT SERVICES Local Member - Councillor A Macaskill PLANNING APPLICATION REPORT Date of Validity - 29th January 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

12th May 2004

Reference Number: 04/00166/COU Applicants Name: Gillian Barton Application Type: Change of Use application for a Temporary Period Application Description: Temporary Siting of Three Caravans and Installation of Septic Tank Location: Nant Farm, Ichrachan, Taynuilt.

(A ) THE APPLICATION

Development Requiring Express Planning Permission

• Temporary siting of three caravans for residential use (retrospective) • Installation of a private sewage treatment system and soakaway (retrospective)

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Caravan Policy

The Council’s Caravan Policy states that caravans are not normally considered suitable as permanent dwellings. It does, however, state that in special circumstances of hardship temporary permission may be granted for a residential caravan.

Special Circumstances

The applicant submitted a claim of locational/operational need in support of her previous application (Ref. No. 03/01684/COU). Within that statement the applicant highlighted the changes in the course provision at the Ballet West complex and the increase in student numbers as a result. This has resulted in a shortfall of accommodation provision at Ballet West. In order to address that accommodation shortfall the applicant proposes the three residential caravans at Nant Farm on a temporary basis (it should be noted that the caravans are already in situ). The location at Nant Farm was chosen due to the possibility of future proposals to change Nant Farm into the Ballet West complex. It should be noted that no formal applications have been submitted to the Council for these future proposals.

Whilst my Department is sympathetic to the need for additional accommodation to serve the existing Ballet West complex, I do have concerns over the site chosen. At present this is very detached from the existing Ballet West complex and very open to public view (see visual impact below). My Department considers that there may well be a need for additional accommodation for Ballet West students, however this would be best met within the existing Ballet West complex located at Ichrachan House. This would be more appropriate, both in terms of containing the complex in one location, particularly as there is no guarantee of Nant Farm becoming the new Ballet West development, and also minimising the visual impact of the proposed caravan from public views.

Visual Impact

The site of the caravans lies to the immediate east of Nant Farm. The site is clearly open to public view from the Kilchrenan road. The Caravan Policy states that in the open country caravan sites will not normally be permitted if, despite screening nearby, they are likely to be conspicuous from major

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\9\9\AI00016993\0166WR120504SKP0.DOC 1

Page 124

roads, and established viewpoints and picnic sites. Whilst some screening is proposed, this is not considered to be sufficient to overcome my Department’s concerns over the visual impact of the proposal, particularly as there is no justification of the caravans to be on this site in the first place.

Servicing and Infrastructure

It is proposed to use the existing access serving Nant Farm to access the caravans. Foul drainage is to be via a new biological treatment plant. The Scottish Environmental Protection Agency has raised no objection to the proposals, provided that the arrangements are to their satisfaction.

Nature Conservation

No adverse comments have been received from Scottish Natural Heritage.

(D ) CONCLUSION

In light of the foregoing the proposal is considered to be contrary to the Council’s Caravan Policy, and is accordingly recommended for refusal.

If Members resolve to refuse the application, as this is a retrospective application, the caravans will require to be removed.

My department is likely to be more supportive of a new application for a site within the existing Ballet West Complex. The applicant may wish to discuss this matter further with my Department.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\9\9\AI00016993\0166WR120504SKP0.DOC 2

Page 125

REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00166/COU

1. The Council’s Caravan Policy states that caravans are not normally considered suitable as permanent dwellings. It does however state that in special circumstances of hardship, temporary permission may be granted for a residential caravan. A claim of locational/operational need has been made in support of the application which highlights the lack of student accommodation available to Ballet West. The proposed site for the caravans is very detached from the existing Ballet West complex. As the proposed site is significantly outwith the Ballet West complex, it is considered there is no locational/operational need specific to this site, this locational need would be most appropriately met within the Ballet West complex. The proposal is therefore contrary to the Council’s Caravan Policy in that the applicant has failed to demonstrate special circumstances for temporary residential caravans specific to this site.

2. The proposed site is located to the immediate east of Nant Farm, which is openly visible to public view from the B845 Taynuilt to Kilchrenan Road. It is considered that the proposed caravans will have a significant visual impact, in particular being very conspicuous from the B845. The proposal is therefore contrary to the Council’s Caravan Policy which states that caravan sites will not normally be permitted if, despite screening, they are likely t o be conspicuous from major roads and established viewpoints.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\9\9\AI00016993\0166WR120504SKP0.DOC 3

Page 126

APPENDIX RELATIVE TO 04/0166/COU

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 7 Nature Conservation and Development Control

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

C) Development which impacts on Local Wildlife Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan, shall be assessed carefully to determine its acceptability balanced along with national – or local – social or economic considerations.

D) Enhancement to nature conservation interests will also be encouraged in association with development and land use proposals.

Council’s Caravan Policy

States (in part) that:

• Caravans are not normally considered suitable for use as permanent dwellings. However, in special circumstances of hardship temporary permission may be granted for a residential caravan.

• Sites in rural areas without adequate landscaping will not be approved.

• The scale of new sites will be carefully controlled to ensure that they do not detrimentally affect the character of villages nor dominate existing buildings.

• In open country, sites will not normally be permitted if, despite screening nearby, they are likely to be conspicuous from major roads, and established viewpoints and picnic sites.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

Previous application (03/01684/COU) for the same proposal was withdrawn on 27th January 2004 prior to a recommendation of refusal being considered by the Oban, Lorn and the Isles Area Committee.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\9\9\AI00016993\0166WR120504SKP0.DOC 4

Page 127

(ii) Consultations

Response Date Comment Area Roads Engineer 18.3.04 No objections Scottish Environmental Protection Agency 10.3.04 No objections Scottish Water 13.2.04 No objections Public Protection Unit 11.2.04 No objection subject to conditions West of Scotland Archaeology Service 11.2.04 No objections Scottish Natural Heritage 18.2.04 No objections

(iii) Publicity and Representations

Advert Type: Section 34 Advert Closing Date: 26th February 2004

Representations: None

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\9\9\AI00016993\0166WR120504SKP0.DOC 5

Page 128

This page is intentionally left blank Page 129 Page 130

This page is intentionally left blank Page 131 Agenda Item 5l

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

21st April 2004

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

(A) THE APPLICATION

Development Requiring Express Planning Permission.

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

• Formation of an access ramp

(B) RECOMMENDATION

The proposal is recommended for approval.

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

The proposal raises no privacy, amenity or design issues.

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

(D) CONCLUSION

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

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\0\0\AI00017002\0223WR080404SKP0.DOC 1

Page 132

APPENDIX RELATIVE TO 04/00223/COU

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

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

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

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

Lorn Local Plan

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

Oban, …

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None

(ii) Consultations

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

(iii) Publicity and Representations

Advert Type: None

Representations: Yes

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\0\0\AI00017002\0223WR080404SKP0.DOC 2

Page 133

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

Summary of points raised:

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\2\0\0\AI00017002\0223WR080404SKP0.DOC 3

Page 134

This page is intentionally left blank Page 135 Page 136

This page is intentionally left blank Page 137 Agenda Item 5m

DEVELOPMENT SERVICES Local Member - Councillor A. Macaskill PLANNING APPLICATION REPORT Date of Validity - 16th February 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

1st April 2004

Reference Number: 04/00251/OUT Applicants Name: Mr and Mrs D Thomson Application Type: Outline Application Application Description: Site for a dwelling Location: Land west of Dunard, Glen Lonan, Taynuilt

(A ) THE APPLICATION

Development Requiring Express Planning Permission. • The erection of a dwelling

• The alteration and improvement of a vehicular access

(B ) RECOMMENDATION

The proposal is recommended for approval.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The proposal lies within an area identified for housing in terms of Policy HO 22 of the current local plan.

That area is shown in the new consultative draft local plan as being partly within the settlement zone and partly in an adjacent area of search in countryside around the settlement. There are no servicing constraints and, subject to suitable conditions regarding the landscaping of the site and the proposed dwelling’s siting, design and finishes, the application is consistent with current and developing policy, and with the provisions of PAN 36.

The principle of development in this location; but on a site with slightly different boundaries; was examined by the Committee in 1999, and outline permission was granted subject to conditions. There appear to have been no material changes of circumstances since then, other than the introduction of new planning policies in the consultative draft plan.

The site is a complex one. It is divided by a burn and embraces two distinctive types of landscape:

i Between the burn and the road, which forms the east side of the site; the site is flat and appears to be the yard to a substantial shed on the southern boundary. The road rises to the south, so that the site is significantly below the cottage Dunard and the new house Cearnag. The sloping banks to the east and south have a variety of trees and provide a margin with good potential for landscaping in so far as they are within the application site. To the north is the modern house Cara, which has windows overlooking the application site. This relationship will require careful design to ensure the privacy of the existing and new houses. Generally, it appears that, if, a modest house were carefully sited on this part of the whole site, the privacy of surrounding houses and the character of the landscape could be reasonably respected.

ii West of the burn, the ground, again, rises but in terraced form. There is substantial and more mature tree cover and a number of old dry-stone dykes. This area has a distinctly natural character which would be significantly changed by development. Development here would be in a satisfactory relationship to the surrounding houses but at a greater cost in existing landscape features.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 1

Page 138

The Area Roads Manager advises that there are no road safety concerns arising from the proposals and that the standard of vehicular access from the sites that can be achieved is acceptable. Visibility splays of 2.5 metres x 65 metres to the south and 2.5 metres x 70 metres to the north are achievable and are acceptable for this standard of road.

The site appears to be a possible point of access to the area of search referred to above. The Development Policy Officer has advised that,

“The front of site is an infill/redevelopment site within the settlement boundary of Taynuilt in terms of the existing local plan and the new Argyll and Bute Local Plan. The area to the rear (over the burn) is outwith the proposed settlement boundary in the new local plan and this together with the existing settlement pattern would indicate that any new building should be located between the road and the burn.

The development of this site is unlikely to have any implications in terms of the access or developability of the remainder of the area of search.

The development policy unit has no objections to these proposals.”

The application is in outline. The above analysis indicates some of the factors that will need to be taken into account when a detailed design is evolved and a detailed application considered, but there is no issue of principle which would uphold a refusal of the application. Some of the issues noted, such as the scale of development and landscaping can be the subject of conditions on an outline permission.

(D ) CONCLUSION

The site is capable of development without prejudicing longer term aims of the draft plan and permission should be granted subject to conditions.

Angus J Gilmour, Head of Planning.

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 2

Page 139

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00251/OUT

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

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

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

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

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

4. Prior to the commencement of construction of the dwelling, the existing shed on site shall be demolished and removed from the site.

Reason: In the interests of amenity and to allow compensatory planting to be carried out.

5. Any details pursuant to Condition 1(b) above shall include a landscaping scheme which incorporates tree and shrub planting, using native species. No trees shall be felled within the scheme and any losses through disease, damage, neglect or weather exposure shall be replaced with equivalent species within one growing season.

Reason: In the interests of amenity and to help integrate the proposal into its landscape/townscape setting.

6. Any details pursuant to condition 1(b), above shall include a detailed tree survey plotting the positions, species and sizes of all trees indicating those trees to be retained and those to be removed.

Reason: In the interests of amenity and to help integrate the proposal into its landscape/townscape setting.

7. Any details pursuant to Condition 1(a) above shall show a house sited between the road and the burn and of local traditional design and finish incorporating the following elements: i) single or one and a half storey height, with a ridge height of no more than seven metres; ii) window openings with a strong vertical emphasis; iii) walls finished in a white wet dash or smooth render or in natural stone; iv) roofs of symmetrical form, pitched to at least 35 degrees and finished in natural slate; v) a dominant element of rectangular shape with gable ends; vi) gable widths not exceeding 6.5m; vii) traditional “peaked” roof dormers and porches and viii) a ground floor area of no more than 100 square metres when measured externally. Reason: In the interests of visual amenity and to respect local distinctiveness by reflecting the vernacular building traditions of the area.

8. Any details pursuant to Condition 1(c) above shall show: F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 3

Page 140

i) the vehicular access to the public road altered and improved and its level raised to accord with the Council’s standard access layout detailed in drawing NA/32/5/2a; ii) the road verge to the south reduced to the level of the existing public road carriageway; iii) the gradient of the access onto the public road not exceeding 10 degrees for the first 5 metres back from the edge of the road and iv) visibility splays of 2.5m x 65m to the south and 2.5m x 70m to the north shall be cleared and thereafter maintained clear of all obstructions over 1 metre in height measured from the metalled surface of the adjacent road. Reason: In the interests of road safety.

9. The detailed submission shall identify the septic tank outfall from Dunard and the means of dealing with it.

Reason: In the interests of public health and safety.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 4

Page 141

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00251/OUT

Scottish Water have advised as follows:

There is an existing public water main located in the street adjacent to the site which may be suitable to provide a supply to the proposed development. However, details of the highest water fitting related to Ordnance Datum and the proposed demands must be forwarded to Scottish Water in order that hydraulic testing can be carried out.

Separate applications will have to be made for the provision of site water mains, if required, and service connections. Consultation should be made with Developer Services regarding compliance with currently bylaws and use of water for building purposes is advised. It is strongly recommended that a cold water storage system be provided for each house or flat having an actual (not nominal) capacity of 200 litres.

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

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

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

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

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

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

You are advised to contact them direct to discuss this matter

Contact:

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

Tel : 0845 601 8855

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 5

Page 142

The Council’s Area Roads Manager has advised as follows:

A road Openings permit will be required.

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

Contact:

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

Tel: 01631 562125

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 6

Page 143

APPENDIX RELATIVE TO 04/00251/OUT

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Argyll and Bute Draft Local Plan

STRAT DC 1 Development within Settlements.

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

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

AOS 1 Development in Areas of Search

A) Other than specified in B) below, development in areas of search within the countryside around settlements and greenbelt zones shall be resisted. B) The principle of the following limited categories of development is supported within those areas of search: 1. development which is wholly ancillary to existing lawful uses and buildings and 2. development which is consistent with policies STRAT DC2 and 3 which apply to these zones.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 7

Page 144

Lorn Local Plan

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

… Taynuilt …

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

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

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

98/01750/OUT: Permission granted (11th March 1999) in outline for a site for a dwelling.

(ii) Consultations

Response Date Comment Area Roads Engineer 24/03/04 No objection subject to conditions. Scottish Environmental Protection No comments received (a public sewer Agency connection is possible). Scottish Water 24/02/04 No objections West of Scotland Archaeology 27/02/04 No objections.

(iii) Publicity and Representations

Advert Type: Article 9 vacant land Closing Date: 12th March 2004

Representations: Yes

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 8

Page 145

Name Address Letter date Mrs M McGregor Ardenlea, TAYNUILT, PA35 1HY 8th March 2004 Mr & Mrs G Carswell Delnabo, TAYNUILT, PA35 1HY 28th February 2004 Mrs F Anderson 42, Achlonan, TAYNUILT, PA35 1JJ 24th February 2004

Summary of points raised:

• The proposal blocks an established way from Ardenlea Croft to the right of way access track. The right of way across the site must be preserved. Comments: The application shows the alleged right of way as being retained. In any case this is not a recorded public right of way and is, therefore, a civil matter.

• The access is on to a single-track road which is heavily used and dangerous. The proposal will increase damage to the verges and the garden of Dunard Cottage. Comments: The Area Roads Manager has raised no objection subject to conditions.

• The boundary is not described correctly. Comments: The boundary is difficult to see on site. Any informality will not affect the principle of development and can be resolved between the adjacent owners.

• The proposed site is outwith the local plan and contrary to policy. Comments: See my policy comments above.

• The applicant has no overriding locational or operational need. Comments: See my policy comments above.

• The proposal will affect the septic tank outlet from Dunard Cottage. Comments: A condition would be appropriate to ensure that this outlet is identified.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\0\AI00017099\0251WRRW0104040.DOC 9

Page 146

This page is intentionally left blank Page 147 Page 148

This page is intentionally left blank Page 149 Agenda Item 5n

DEVELOPMENT SERVICES Local Member - Councillor E Robertson PLANNING APPLICATION REPORT Date of Validity - 20th February 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

5th May 2004

Reference Number: 04/00289/DET Applicants Name: A.G.L. MacTaggart Application Type: Detailed Application Application Description: Formation of new vehicular access Location: Saligo, North Connel.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Formation of new vehicular access

(B ) RECOMMENDATION

Approval is recommended subject to conditions.

The application concerns the formation of a domestic vehicular access through the road verge and onto the public road, which serves the dwelling houses in Etive Park. The new access has been necessitated because the existing access is within the boundaries of a site that is the subject of an outline planning application. (Ref. No. 04/00159/OUT)

ROAD SAFETY The determining issue is the matter of road safety. The Area Roads Manager has advised that there are no objections on road safety grounds subject to suitable and appropriate conditions. POLICY CONSIDERATIONS

There are no Structure Plan or Local Plan policies specifically concerned with the formation of a new domestic vehicular access.

MATERIAL CONSIDERATIONS

The only material considerations are road safety and the nine letters of representation. The proposal raises no amenity concerns.

(D) CONCLUSION

It is considered that the proposal will not detrimentally affect road safety in Etive Park and there are no amenity or land use difficulties.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\9\9\AI00016994\0289WRES0505040.DOC 1

Page 150

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00289/DET

1. Standard Condition

2. That the development hereby approved shall not be begun until full details of the surfacing of the access for the first two metres back from the nearside edge of the carriageway have first been submitted to and approved in writing by the Council, as the Planning Authority.

Reason: In the interests of road safety and as no such details were submitted with the application.

3. That the development hereby approved shall not be begun until full details of the access bellmouth, which is required to be drawn-up in accordance with the Area Roads Manager’s requirements, have first been submitted to and approved in writing by the Council, as the Planning Authority.

Reason: In the interests of road safety and as no such details were submitted with the application.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\9\9\AI00016994\0289WRES0505040.DOC 2

Page 151

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00289/DET

The Council’s Area Roads Manager has advised as follows:

Road Openings Permit required

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

Contact:

Area Roads Engineer Transportation and Property Services Argyll and Bute Council Kilbowie House Gallanach Road OBAN PA34 4PD

Tel: 01631 562125

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\9\9\AI00016994\0289WRES0505040.DOC 3

Page 152

APPENDIX RELATIVE TO 04/00289/DET

(A) POLICY OVERVIEW

In terms of Section 25 of the Act there are no Development Plan Policies, which are applicable.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

No recent or relevant site history.

(ii) Consultations

Response Date Comment Area Roads Engineer 25.03.04 No objections. Community Council 09.03.04 No objections West of Scotland Archaeology 01.04.04 No objections or comments.

(iii) Publicity and Representations

Advert Type: Article 9 – Vacant Land. Closing Date: 18th March 2004

Representations: Yes

Name Address Letter date Ms A E Edgcomb 16 Etive Park, North Connel 10.04.04 T & C Warnock 17 Etive Park, North Connel 11.04.04 R.M. MacDonald Etive Park, North Connel Undated Recd 16.04.04 G. & V. Sterrett Etive Park, North Connel. Undated Recd 16.04.04 M.B. Watson Etive Park, North Connel. Undated Recd 16.04.04 Peter Warton Etive Park, North Connel. Undated Recd 16.04.04 June Westerlea, 12a Etive Park, North Connel 27.03.04 Elenore Cousins Tigh-na Kyle, 1 Etive Park, North Connel. 19.02.04 W. Green 4 Etive Park, North Connel. 12.05.04

Summary of points raised:

• Consider that the proposed new junction on the corner could compromise the safety of residents [of Etive Park] as road users and pedestrians. Comments: The Area Roads Manager has raised no objections on road safety grounds.

• Raise the question of land ownership. Comments: This is a civil legal matter rather than a planning issue.

(iv) Applicants Supporting Statement

The applicant’s agent has submitted a letter (dated Click here to enter date) in support of the proposed development which includes the following:

Indicates that the applicant has right of passage over the application site and this has been confirmed in a letter from the Area Roads Manager dated 8th April 2003.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\9\9\AI00016994\0289WRES0505040.DOC 4

Page 153 Page 154

This page is intentionally left blank Page 155 Agenda Item 5o

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

5th May 2004

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

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

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

Other Specified Operations

• Connection to public water main • Formation of an access

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

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

Adopted Lorn Local Plan

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

Planning Advice Note 36 Assessment

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 1

Page 156

Servicing and Infrastructure

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

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

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

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

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

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

(D ) CONCLUSION

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

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

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

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

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 2

Page 157

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00392/OUT

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

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

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

4. Any details pursuant to Condition 1(a) above shall show a single or one and a half storey house, of local traditional design, which incorporates the following elements:

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

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

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 3

Page 158

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

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 4

Page 159

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00392/OUT

Scottish Water have advised as follows:

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

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

You are advised to contact them direct to discuss this matter

Contact:

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

Tel: 0845 601 8855

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 5

Page 160

APPENDIX RELATIVE TO 03/00392/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

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

Adopted Lorn Local Plan

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

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 above.

A 4 Development, Road and Private Accesses

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

Informal Council Policy

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 6

Page 161

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 7

Page 162

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

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

Other site history: Files missing.

(ii) Consultations

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

(iii) Publicity and Representations

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

Representations: Yes

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

Summary of points raised:

• Concerns raised that stables, stores and arenas could end up being used for commercial use. Comments: The proposal is for a dwelling house with stables, store and arena for domestic use. Any change to future commercial use would require further planning permissions.

• Concerns raised over the size of the dwelling house. Comments: The site is currently allocated for an estimated 10 dwelling houses. This, and the associated application for the plot to the north, comprise of two houses on the whole of the

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 8

Page 163

allocation. Therefore density of development will be largely reduced. Whilst the immediate houses are all single storey, single or one and a half storey development is generally considered appropriate in the Balvicar area.

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

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

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

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

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

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

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\9\9\AI00016995\0392WR050504SKP0.DOC 9

Page 164

This page is intentionally left blank Page 165 Page 166

This page is intentionally left blank Page 167 Agenda Item 5p

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

10th May 2004

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

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

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

Other Specified Operations

• Connection to public water main • Formation of an access

(B ) RECOMMENDATION

The proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

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

Adopted Lorn Local Plan

Planning Advice Note 36 Assessment

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 1

Page 168

Servicing and Infrastructure

The site is to be accessed via the existing private way at Acha, which currently serves eight dwelling houses. The Council’s ‘Interim Roads and Private Ways Policy’ (which is restated in Policy A 4 of the draft Argyll and Bute Local Plan) allows for the addition of two additional dwelling houses to be served off an existing private way, up to a maximum of ten. This proposed house, and the second house, applied for under planning application Ref. No. 04/00392/OUT, represent the two additional dwelling houses, and would take the number of houses served off this private way to the maximum allowed.

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

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

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

(D ) CONCLUSION

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

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

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

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

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 2

Page 169

CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/00393/OUT

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

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

4. Any details pursuant to Condition 1(a) above shall show a single or one and a half storey house, of local traditional design, which incorporates the following elements:

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

5. Any details pursuant to Condition 1(c) above shall show full details of the proposed access onto the private way. Such details shall show the access designed in accordance with the Council’s Road Services Drawing No. NA/32/05/2a. Thereafter, prior to work starting on the construction of the dwelling house, the access shall be formed in accordance with the approved details, with the final surfacing, for the first five metres back from the edge of the private way, laid prior to the occupation of the dwelling house.

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

Reason: In the interests of road safety, in order to ensure adequate on-site parking and turning provision. F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 3

Page 170

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

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

8. Any details pursuant to Condition 1(d) above shall show full details of foul drainage arrangements to serve the site. Such details be designed in consultation with the Scottish Environmental Protection Agency and shall show a communal private system to serve both this plot and the house plot approved under planning application Ref. No. 04/00392/OUT, unless otherwise first agreed in writing with the Council, as the Planning Authority.

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 4

Page 171

NOTE TO APPLICANT RELATIVE TO APPLICATION 04/00393/OUT

Scottish Water have advised as follows:

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

You are advised to contact them direct to discuss this matter

Contact:

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

Tel: 0845 601 8855

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 5

Page 172

APPENDIX RELATIVE TO 03/00393/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

Adopted Lorn Local Plan

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 above.

A 4 Development, Road and Private Accesses

Informal Council Policy

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 6

Page 173

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 7

Page 174

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

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

Other site history: Files missing.

(ii) Consultations

Response Date Comment Area Roads Engineer 20.4.04 No objections subject to conditions Scottish Environmental Protection Agency No response Scottish Water 7.4.04 No objections.

(iii) Publicity and Representations

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

Representations: Yes

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

Summary of points raised:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 8

Page 175

are all single storey, single or one and a half storey development is generally considered appropriate in the Balvicar area.

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

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

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\9\9\AI00016996\0393WR050504SKP0.DOC 9

Page 176

This page is intentionally left blank Page 177 Page 178

This page is intentionally left blank Page 179 Agenda Item 5q

DEVELOPMENT SERVICES Local Member - Councillor E Robertson. PLANNING APPLICATION REPORT Date of Validity - 31st March 2004. OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004.

10th May 2004

Reference Number: 04/00564/OUT Applicants Name: L King Application Type: Outline Application Application Description: Site for a Erection of Dwelling Location: Plot 1, Fernie, North Connel.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwelling. • Site works and formation of an access in conjunction with proposed plots 2 and 3.

(B ) RECOMMENDATION

The application is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application is one of three separate planning applications for the erection of dwelling houses all within the grounds of the wooden bungalow known as ‘Fernie’, and are so closely related physically that they can only sensibly be considered together. The other two reports (Ref. No’s. 04/00566/OUT & 04/000568/OUT) are considered elsewhere in the agenda.

The three plots are within the area covered by Policy HO 22 in the Adopted Lorn Local Plan 2nd Alteration 1993 and are within the designated settlement in the draft Argyll and Bute Local Plan 2003. Within such areas small-scale housing development is encouraged but subject to compliance with other plan policies which aim to protect the visual and physical amenity of the settlements.

The key issues in this case are: the effect of developing the site, resulting in a total of four houses, on the character of the surrounding settlement and the landscape; and the impact of developing the individual plots alone on those interests.

The site is within the Loch Etive/Benderloch Coast area of local landscape importance which recognises the significant visual quality of the Loch Etive area and its shoreline. Policy RUR 1 aims to maintain and enhance the landscape quality of such areas subjecting any developments to the criteria contained in policy RUR 2.

The site is a very prominent one. The grounds of ‘Fernie’ lie adjacent to the public road and the shore of Loch Etive. Those grounds occupy a promontory, which increases their visual significance.

The character of the settlement along this part of the shore is one characterised by very low built density. The houses are in relatively large grounds and they are set well back from the road and the shore; there is much vegetation, some of it of natural appearance, and this ensures a sense of space appropriate to a rural loch-side location of particular quality.

The three applications together represent an intensity of development which is wholly counter to the existing character of the area. The individual plots are significantly smaller than other sites along the loch frontage and if permitted development would be brought close to the loch to the extent of being intrusive. This is contrary to Policy BE 12(A) of the adopted Lorn Local Plan and Policy E 10 in the

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 1

Page 180

draft local plan. The ‘crammed-in’ appearance and over developed nature of the proposals, the projection in front of the existing line of buildings along the frontage, the resulting suburban character and the contrast in density between the site and the surroundings, should, in the terms of the plan, be resisted. It would, in addition, clearly be contrary to Policies RUR 1 and RUR 2 in the adopted Lorn Local Plan which seeks to maintain the landscape quality of this particular area.

The further question then arises whether, if Plots 2 and 3 were refused, Plot 1 could be approved in isolation. The plot size would be small in relation to the neighbouring sites and would provide limited opportunities for landscaping of a quality which would be commensurate with the surroundings. The site is presently covered in birch scrub which is a positive visual feature. The development could not be achieved without considerable, or total, clearance (especially to gain a subsequent view out over the Loch) and would then present limited landscaping opportunities. In addition, any building on this site will need to be of appropriate scale and quality. Such a building will look incongruous on a plot that is too small. This would be contrary to Policies RUR1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan and Policy E 10 in the draft Argyll and Bute Local Plan.

A single dwelling on a significantly enlarged plot might be justified by a convincing building design and landscaping scheme, but this current proposal does not allow for such a proposal and as such is considered to be inappropriate to the area.

(D ) CONCLUSION

• The proposal is considered to be contrary to Policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan.

• The proposal is considered to be contrary to Policy E 10 of the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 2

Page 181

REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00564/OUT

1. The proposed plot is significantly smaller than the existing gardens along the visually important loch-side frontage and cannot sustain a development in detail that would be in character with a part of the settlement which is of substantial visual quality. The proposed plot represents development which is contrary to the existing settlement pattern in an area of recognised visual quality. The development would therefore have an adverse visual impact contrary to the provisions of policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan and result in a poor quality residential layout contrary to the provisions of Policy E 10 of the draft Argyll and Bute Local Plan.

2. The proposed plot forms part of a larger proposal with adjacent plots 2 and 3 and the existing house, known as ‘Fernie’. These developments would, together, form a development which would be in contrast with the present pattern of development in this sensitive loch-side location which is characterised by a distinct building line and a low density of development in the form of dwellings on substantial, landscaped plots. The development would be overly dense in relation to its surroundings and would project forward of the existing buildings in the frontage. The site is a prominent one and development of this form would be damaging to the character of the area contrary to policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan or with Policy E 10 of the draft Argyll and Bute Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 3

Page 182

APPENDIX RELATIVE TO 04/00564/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Lorn Local Plan

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

(d) Areas of local landscape significance: (i) Loch Etive/Benderloch Coast;

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

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

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

…North Connel/Black Crofts…

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 4

Page 183

BE 12A The Council will seek to achieve a high standard of residential layout and design where new housing developments are proposed. Proposals for new residential development should have regard to the District Council’s published guidelines.

Those guidelines are in the Design Guide Leaflet C, ‘New Buildings in Towns and Villages’, which states at 4.3: The main criteria to be considered when assessing a site for building will … include: - the existing development pattern, spaces between buildings and building lines; - the scale, type and massing of existing buildings; - the effect which the shape, slope and ground conditions of the site will have on design solutions; - the amount and type of accommodation to be provided.

Draft Argyll and Bute Local Plan.

E 10 DEVELOPMENT SETTING, LAYOUT AND DESIGN

Development setting A) Development shall be sited and positioned so as to harmonize with the key features of their settlement, edge of settlement, countryside or coastal surroundings. Developments which do not satisfactorily harmonize with their settings and surroundings shall be resisted. Development layout and density B) Development layout and density shall effectively integrate with the urban, Suburban or rural setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted. Development design C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as national scenic areas, very sensitive countryside, sensitive countryside, conservation areas, special built environment areas, historic landscapes, and the settings of listed buildings. Within such locations, the quality of design will require to be higher than in other less sensitive locations. D) The design of buildings shall complement the size of settlement or the qualities of the countryside containing the development site. Building design shall be suitably adapted to meet reasonable expectations for special needs groups. Energy efficient design is encouraged. Development design which is judged to be poor or “not good enough” for a particular location shall be resisted.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant.

(ii) Consultations

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 5

Page 184

Response Date Comment Area Roads Engineer 16.04.04 No objection subject to conditions. Scottish Environmental Protection Agency No response. Scottish Water 08.04.04 No objections. Public Protection Unit 14.04.04 No objections subject to conditions. Ardchattan Community Council 15.04.04 No objections.

(iii) Publicity and Representations

Advert Type: None Closing Date: None

Representations: None

F:\MODERNGOV\DATA\AGENDAITEMDOCS\7\9\9\AI00016997\0564WRRW0505040.DOC 6

Page 185 Page 186

This page is intentionally left blank Page 187 Agenda Item 5r

DEVELOPMENT SERVICES Local Member - Councillor E Robertson. PLANNING APPLICATION REPORT Date of Validity - 31st March 2004. OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004.

10th May 2004

Reference Number: 04/00566/OUT Applicants Name: L King Application Type: Outline Application Application Description: Site for a Erection of Dwelling Location: Plot 2, Fernie, North Connel.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwelling. • Site works and formation of an access in conjunction with proposed plots 1 and 3.

(B ) RECOMMENDATION

The application is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application is one of three separate planning applications for the erection of dwelling houses all within the grounds of the wooden bungalow known as ‘Fernie’, and are so closely related physically that they can only sensibly be considered together. The other two reports (Ref. No’s. 04/00564/OUT & 04/000568/OUT) are considered elsewhere in the agenda.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 1

Page 188

The further question then arises whether, if Plots 1 and 3 were refused, Plot 2 could be approved in isolation. The plot size would be small in relation to the neighbouring sites and would provide limited opportunities for landscaping of a quality which would be commensurate with the surroundings. The site is presently covered in birch scrub which is a positive visual feature. The development could not be achieved without considerable, or total, clearance (especially to gain a subsequent view out over the Loch) and would then present limited landscaping opportunities. In addition, any building on this site will need to be of appropriate scale and quality. Such a building will look incongruous on a plot that is too small. This would be contrary to Policies RUR1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan and Policy E 10 in the draft Argyll and Bute Local Plan.

(D ) CONCLUSION

• The proposal is considered to be contrary to Policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan.

• The proposal is considered to be contrary to Policy E 10 of the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 2

Page 189

REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00566/OUT

2. The proposed plot forms part of a larger proposal with adjacent plots 1 and 3 and the existing house, known as ‘Fernie’. These developments would, together, form a development which would be in contrast with the present pattern of development in this sensitive loch-side location which is characterised by a distinct building line and a low density of development in the form of dwellings on substantial, landscaped plots. The development would be overly dense in relation to its surroundings and would project forward of the existing buildings in the frontage. The site is a prominent one and development of this form would be damaging to the character of the area contrary to policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan or with Policy E 10 of the draft Argyll and Bute Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 3

Page 190

APPENDIX RELATIVE TO 04/00566/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

Lorn Local Plan

(d) Areas of local landscape significance: (i) Loch Etive/Benderloch Coast;

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

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

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

…North Connel/Black Crofts…

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 4

Page 191

Draft Argyll and Bute Local Plan.

E 10 DEVELOPMENT SETTING, LAYOUT AND DESIGN

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant.

(ii) Consultations

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 5

Page 192

(iii) Publicity and Representations

Advert Type: None Closing Date: None

Representations: None

F:\MODERNGOV\DATA\AGENDAITEMDOCS\8\9\9\AI00016998\0566WRRW0505040.DOC 6

Page 193 Page 194

This page is intentionally left blank Page 195 Agenda Item 5s

DEVELOPMENT SERVICES Local Member - Councillor E Robertson. PLANNING APPLICATION REPORT Date of Validity - 31st March 2004. OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004.

10th May 2004

Reference Number: 04/00568/OUT Applicants Name: L King Application Type: Outline Application Application Description: Site for a Erection of Dwelling Location: Plot 3, Fernie, North Connel.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwelling. • Site works and formation of an access in conjunction with proposed plots 1 and 2.

(B ) RECOMMENDATION

The application is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application is one of three separate planning applications for the erection of dwelling houses all within the grounds of the wooden bungalow known as ‘Fernie’, and are so closely related physically that they can only sensibly be considered together. The other two reports (Ref. No’s. 04/00564/OUT & 04/000566/OUT) are considered elsewhere in the agenda.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 1

Page 196

The further question then arises whether, if Plots 1 and 2 were refused, Plot 3 could be approved in isolation. The location of plot 3 between ‘Fernie’ and the Loch would be particularly intrusive. The pattern of development along this part of the shore is one of houses set well back. The fact that Plot 3 occupies the most prominent part of the promontory described above means that its impact would be greatly increased. This proposal is therefore the most damaging of the three proposals before the Committee and would be contrary to Policies RUR1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan and Policy E 10 in the draft Argyll and Bute Local Plan.

(D ) CONCLUSION

• The proposal is considered to be contrary to Policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan.

• The proposal is considered to be contrary to Policy E 10 of the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 2

Page 197

REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00568/OUT

2. The proposed plot forms part of a larger proposal with adjacent plots 1 and 2 and the existing house, known as ‘Fernie’. These developments would, together, form a development which would be in contrast with the present pattern of development in this sensitive loch-side location which is characterised by a distinct building line and a low density of development in the form of dwellings on substantial, landscaped plots. The development would be overly dense in relation to its surroundings and would project forward of the existing buildings in the frontage. The site is a prominent one and development of this form would be damaging to the character of the area contrary to policies RUR 1, RUR 2 and BE 12(A) of the adopted Lorn Local Plan or with Policy E 10 of the draft Argyll and Bute Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 3

Page 198

APPENDIX RELATIVE TO 04/00568/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

Lorn Local Plan

(d) Areas of local landscape significance: (i) Loch Etive/Benderloch Coast;

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

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

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

…North Connel/Black Crofts…

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 4

Page 199

Draft Argyll and Bute Local Plan.

E 10 DEVELOPMENT SETTING, LAYOUT AND DESIGN

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant.

(ii) Consultations

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 5

Page 200

(iii) Publicity and Representations

Advert Type: None Closing Date: None

Representations: None

F:\MODERNGOV\DATA\AGENDAITEMDOCS\9\9\9\AI00016999\0568WR0505040.DOC 6

Page 201 Page 202

This page is intentionally left blank Page 203 Agenda Item 5t

DEVELOPMENT SERVICES Local Member - Councillor A Macaskill PLANNING APPLICATION REPORT Date of Validity - 1st April 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

27th April 2004

Reference Number: 04/00575/DET Applicants Name: John & Allison Boyce Application Type: Detailed Application Application Description: Extension to form a bedroom and installation of an oil tank Location: 44 Achlonan, Taynuilt.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of an extension to provide a third bedroom and roof loft to a two-bedroom house. • Installation of an oil tank.

(B ) RECOMMENDATION

The application is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The extension would result in the loss of on-site parking whilst increasing the size of the dwelling. It would leave a single space on the site, whereas at least two spaces are required. The Area Roads Manager concurs and recommends refusal.

The standard which has been customarily applied by the Area Roads Engineer is that in Table 7.3 of the Strathclyde Roads Development Guide, 1995. This requires two “allocated” spaces for a house with more than two bedrooms. It presents the alternative of providing a single space in combination with “unallocated spaces” in communal parking, but the communal parking in the Achlonan development was not designed as unallocated spaces, but rather as visitor parking; it is only considered sufficient for current requirements. If the precedent of this application were to be followed by others in the development, the unallocated spaces would be lost.

The new draft Argyll and Bute Local Plan states, at para. 10.30 of Plan Document 2, and in Policy A 5 D that the minimum standards in the Strathclyde Roads Development Guide, 1995 should continue to operate and the proposal is therefore contrary to the draft local plan policy.

The proposed extension, which would extend the house to the side boundary of the property, would result in the start of terracing of the street of semi-detached properties and the proliferation of on- street parking. This would result in an inappropriately dense form of development, filling the whole width of the site, which would be contrary to Policy E 10 of the draft Argyll and Bute Local Plan. That plan policy states that the design of developments shall be compatible with their surroundings and that the over-development of sites shall be resisted.

Achlonan appears to have been designed and built as a whole. Its two most important characteristics are visual unity and a balance between buildings and spaces. The proposal is counter to both of those characteristics and therefore contrary to policy.

The proposed oil tank appears to be satisfactorily sited.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\0\0\AI00017000\0575RWWR2704040.DOC 1

Page 204

(D ) CONCLUSION

The above determining issues clearly indicate a recommendation of refusal.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\0\0\AI00017000\0575RWWR2704040.DOC 2

Page 205

REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00575/DET

1 In the interests of road safety in that the proposed extension would reduce the level of on-site parking from 2 spaces to 1 space which is below the 2 spaces required by the Council’s approved design guide, The Strathclyde Roads Design Guide 1995. The proposal would therefore be contrary to Policy A 5 of the draft Argyll and Bute Local Plan.

2 The proposed extension would extend to the site boundary creating a dominant form of building which constitutes over development of the site. This would not be compatible with the surroundings in an area of planned housing, and would start to result in the formation of a terrace in the street significantly detracting from its appearance and resulting in a dense and urban form of development. It would therefore be contrary to policy E 10 of the draft Argyll and Bute Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\0\0\AI00017000\0575RWWR2704040.DOC 3

Page 206

APPENDIX RELATIVE TO 04/00575/DET

(A) POLICY OVERVIEW

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

Draft Argyll and Bute Local Plan

A 5 VEHICLE PARKING PROVISION

Argyll and Bute Council vehicle parking guidelines: D) Other than when A) or B) above apply, car and vehicle provisions shall be in accordance with approved Argyll and Bute Council parking guidelines. Variation to the standards may be applied at the discretion of the planning authority having regard to transport assessments and exceptional circumstance

E 10 DEVELOPMENT SETTING, LAYOUT AND DESIGN

Development setting. A) Development shall be sited and positioned so as to harmonize with the key features of their settlement, edge of settlement, countryside or coastal surroundings. Developments which do not satisfactorily harmonize with their settings and surroundings shall be resisted.

Development design. C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as national scenic areas, very sensitive countryside, sensitive countryside, conservation areas, special built environment areas, historic landscapes, and the settings of listed buildings. Within such locations, the quality of design will require to be higher than in other less sensitive locations.

D) The design of buildings shall complement the size of settlement or the qualities of the countryside containing the development site. Building design shall be suitably adapted to meet reasonable expectations for special needs groups. Energy efficient design is encouraged. Development design which is judged to be poor or “not good enough” for a particular location shall be resisted.

Lorn Local Plan

BE 9

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant

(ii) Consultations

Response Date Comment

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\0\0\AI00017000\0575RWWR2704040.DOC 4

Page 207

Area Roads Engineer 22nd April 2004 Objects to the proposal on road safety grounds.

(iii) Publicity and Representations

Advert Type: none Closing Date: none

Representations: Yes

Name Address Letter date Mr and Mrs Anderson 42, Achlonan, TAYNUILT, PA 6th April 2004

Summary of points raised:

• The extension would block daylight to the upper stairs of the adjacent property. Comments: Click here to enter comments

• The extension would be on top of the drains. Comments: Click here to enter comments

• The parking areas beside the houses are very narrow. Presently there is no substantial division between the house plots and the parked cars on either side can open their doors over the next door parking area. The extension would mean that car doors could not be opened on the drive of No. 42 and the occupiers would be forced to park on the street. Comments: Click here to enter comments

(iv) Applicants Supporting Statement

The applicant has submitted a letter (dated 28th April 2004) in support of the proposed development which includes the following:

• The front garden could be used for parking to replace the lost space. • There is communal parking. • To say that the extension would be a precedent is an assumption. There are 32 houses in the development of which 40% are owned by Argyll and Bute Council. Only 14 of the houses have fewer than three bedrooms. The majority of houses would not require an extra bedroom and an extension at No. 44 would not therefore be a precedent. • The chosen site is the only practical site for a bedroom extension. • Similar extensions have been agreed at Nant Drive in Oban and terracing can be seen at Achnafearna and Cruachan cottage in Taynuilt. • On a more personal note, I was born and brought up in Taynuilt and would like to remain in the area, but unfortunately house plots and house prices are out of our range. We have three children who currently share one bedroom thus the desperate need for the bedroom extension. Two of our children attend the local primary school and all three are well established in the local community, therefore, the last we would want to do would be to have to uproot them and move.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\0\0\0\AI00017000\0575RWWR2704040.DOC 5

Page 208

This page is intentionally left blank Page 209 Page 210

This page is intentionally left blank Page 211 Agenda Item 5u

DEVELOPMENT SERVICES Local Member - Councillor E Robertson PLANNING APPLICATION REPORT Date of Validity - 23rd March 2004 OBAN, LORN AND THE ISLES Committee Date - 2nd June 2004

12th May 2004

Reference Number: 04/00701/NMA Applicants Name: Mr and Mrs Fair Application Type: Non Material Amendment Application Description: Erection of dwelling house and installation of septic tank Location: Site at Pony Park, Benderloch.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• The erection of a dwelling house and installation of septic tank.

(B) RECOMMENDATION

It is recommended that Members treat the change in position of the dwelling house as a non material amendment, in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997.

Planning permission was granted in December 2003 for the dwelling house at Pony Park (Ref. No. 03/01787/DET). Building work on the site commenced in March this year and shortly thereafter a complaint was received about the positioning of the house within the plot. The matter was investigated and the house foundations were found to be positioned other than in accordance with the approved plans/drawings. The applicants’ agent was contacted, resulting in the submission of this application for a non-material amendment to the original permission.

The dwelling house has been positioned 12.7 metres back from the nearside edge of the public road instead of the 14 metres as shown on the approved plans. The difference is marginal and has no detrimental effect on the plot layout, on amenity or privacy.

Angus J Gilmour Head of Planning

Contact: John Maciver 01631 567951

F:\MODERNGOV\DATA\AGENDAITEMDOCS\1\0\0\AI00017001\0701WRES1005040.DOC 1

Page 212

This page is intentionally left blank Page 213 Page 214

This page is intentionally left blank Page 215 Agenda Item 5v Page 216 Page 217 Page 218 Page 219 Agenda Item 5w

ARGYLL AND BUTE COUNCIL JUNE 2004

ALL AREA COMMITTEES

REPORT ON DEVELOPMENT CONTROL PERFORMANCE MONITORING COUNCIL WIDE AND DECENTRALISED AREA TEAM PERFORMANCE APRIL 2003 TO MARCH 2004

REPORT BY DIRECTOR OF DEVELOPMENT SERVICES

1. SUMMARY

1.1 This paper outlines my Department’s Development Control performance with respect to processing applications as set against the performance targets set by the four Area Committees.

1.2 In addition to reviewing the Council wide performance from April 2003 to March 2004, this report also identifies the performance and sets targets for each of the four decentralised areas.

1.3 Unfortunately, my Department failed to reach the target of processing 72% of all applications within two months. Performance was also down on previous years slipping back from last years high of 69% to 64%.

1.4 Similarly, with respect to householder applications, my department failed to reach the target of processing 90% of householder applications within two months, which had been achieved over the last two years. In this regard my Department processed 88% of householder applications within two months, which represents a 2% drop in performance.

2. RECOMMENDATION

2.1 It is recommended that Members: -

a) Note and endorse the contents of the report. b) Agree to a Council wide target of 72% of all applications being processed within two months for the period April 2004 to March 2005. c) Adopt the Scottish Executives’ target of deciding 90% of householder applications within two months. d) Agree that the targets set out below be adopted for each of the decentralised areas for the period April 2004 to March 2005.

Bute and Cowal 77% No change Helensburgh and Lomond 79% +1% Oban, Lorn and the Isles 65% No change Mid Argyll, Kintyre and Islay 66% No change

3.0 COUNCIL WIDE DEVELOPMENT CONTROL PERFORMANCE APRIL 2003 – MARCH 2004

3.1 TABLE 1. TARGETS AND ACHIEVEMENTS SINCE 1996

TABLE 1: TARGETS AND ACHIEVEMENTS SINCE RE-ORGANISATION % OF ALL APPLICATIONS DEALT WITH WITHIN 2 MONTHS YEAR APPLICATIONS APPLICATIONS TARGET ACHIEVED RECEIVED DETERMINED Page 220

1996/1997 1402 1162 57% 46% 1997/1998 1482 1355 57% 63% 1998/1999 1519 1318 67% 67% 1999/2000 1507 1340 69% 65.3% 2000/2001 1529 1252 68% 66% 2001/2002 1614 1420 71% 66% 2002/2003 1692 1490 71% 69% 2003/2004 1813 1512 72% 64%

3.2 Development Control Performance across the Council wide area has slipped back significantly from last years high of 69% to 64%. In addition to slipping back in terms of last year’s performance, the current years figure is 8% below target.

3.3 Notably the number of applications dealt with continues to increase since 1996 rising from 1162 to the current level of 1512, together with significant increases in applications received which are at an all time high of 1813, compared to 1402 in 1996/97. This continuing increase is notwithstanding that the applications within the National Park Area have now been dealt with by the Park Authority for the last year. The most significant increases in applications relate to the Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles decentralised areas. (See tables 2 and 3 below).

3.4 It is within the Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles areas where the ever-increasing number of applications is having the greatest effect on performance. Additionally, once the full effect of the current Draft Local Plan is experienced in terms of additional applications, this is likely to impact most significantly on these two decentralised areas.

3.5 Notwithstanding the above, the drop in performance is disappointing, although this is set against increasing applications, the initial effects of a “development based” draft Local Plan, staff changes and new staff becoming familiar with the Council’s practices and procedures. Staff changes in the Oban, Lorn and the Isles area in particular is impacting in performance.

3.6 It is however noticeable since re-organisation that the performance levels in the Mid Argyll,, Kintyre & Islay and the Oban, Lorn and the Isles areas remains significantly below the level of the other two decentralised areas. It is also notable however that the number of applications received and determined in Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles remains significantly higher than the remaining two areas and continues to increase. Whilst this is of significant economic benefit to these decentralised areas, the constant increase in workloads is having a definite effect on long-term performance.

3.7 As indicated in previous reports, performance can be directly linked to Office Area workloads as evidenced by the above. Whilst practices, procedures and office management routines are being reviewed/monitored a review of workloads between and within the area offices is also being undertaken to highlight pressure points and staff workloads and to assess how these workloads can impact on performance.

3.8 Until the findings of the above work load review is undertaken, to set a target above last years levels would be unrealistic.

3.9 Given the above it is considered reasonable that a Council wide target of 72% be set for processing all application within two months. This target remains the same as last year.

3.10 Notwithstanding that there has been a 2% drop in performance in respect of householder applications, if the available resources are targeted at this area of workload, the 90% target is reasonably achievable, although this could impact on mainstream applications.

4.0 AREA TEAM DEVELOPMENT CONTROL PERFORMANCE 1 APRIL 2003 – 31 MARCH 2004

Page 221

TABLE 2: % APPLICATIONS DETERMINED BY AREA TEAM WITHIN 2 MONTHS AREA TEAM 97/98 98/99 99/00 00/01 01/02 02/03 03/04 TARGET % +/- Bute & Cowal 82 76 68 71 71 82 72 77 -5% Mid Argyll, Kintyre & Islay 66 62 55 51 61 70 68 66 +2% Helensburgh& Lomond 61 70 71 81 62 70 83 78 +5% Oban, Lorn & the Isles 44 53 57 64 64 58 51 65 -14%

TABLE 3: APPLICATIONS RECEIVED AND DETERMINED BY AREA TEAM AREA TEAM APPLICATIONS RECEIVED APPLICATIONS DETERMINED 2001/02 2002/03 2003/04 201/02 2002/03 2003/04 Bute & Cowal 349 351 359 308 315 330 Mid Argyll, Kintyre & Islay 439 472 541 393 406 484 Helensburgh & Lomond 384 357 321 325 337 271 Oban, Lorn & the Isles 442 512 592 367 453 444

4.1 As can be seen from the above, there remain significant differences between the performance of each area office. In terms of the difference in performance, this is reflective of a number of issues, but primarily the number and complexity of applications dealt with per officer together with the detail and extent of representations received. In terms of the applications dealt with the area offices in the west of the authority namely, Mid Argyll Kintyre and Islay and Oban, Lorn and the Isles remain the most economically active in terms of Planning Applications. Application numbers are likely to increase significantly in these areas due to the draft Local Plan and its economic agenda.

4.2 In this respect both the Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles areas are dealing with the equivalent of an extra planning officers workload, over the eastern decentralised areas. Whilst a third planning officer has been employed in Oban, Lorn and the Isles, he has only recently started and is too early to have a direct effect on performance. The audit of workload discussed above will help to clarify the differences in workloads between area offices and assess the resourcing issues.

4.3 It should be noted that the area team figures quoted in Tables 2 and 3 are not directly comparable with the Scottish Executive figures which have been used for the other tables. A direct comparison is not possible as the area figures include NID applications determined over the last year, whereas the Scottish Executive figures do not.

4.4 BUTE AND COWAL

4.5 Since 1996 the Bute and Cowal area team has consistently achieved a relatively high performance within the Council wide area, and this year some 330 applications were determined representing an eight-week percentage figure of 72%. Whilst this is below the ambitious target of 77%, all matters considered, it provides for a satisfactory performance.

4.6 The target figure for next year is recommended to remain at 77%, which is considered achievable. The removal of a proportion of the area to the National Park has had little, if any, impact upon workload and the number of planning applications determined. There appears an increasing trend in the number of preliminary enquiries and the new draft wide local plan is likely to see an increase in such inquiries over the next twelve months.

4.7 In terms of maintaining and improving upon performance this is always dependent upon a number of factors including complexity of applications, staff stability, full staff resources, the number of reports determined under delegated powers including the number of reports dealt with by the Chair, Vice Chairman and Local Member. In more recent months the number of these delegated reports appears to have increased which has often resulted in the application being determined outside the 8 week period. Such similar comments are applicable when applications are “continued” at committee. Therefore there is an element of an inclusive process for all if the 77% target is to be achieved next year.

4.8 The most major planning application/listed building application(s) determined this year were in relation to Dunoon breakwater. For the future, major proposed developments which could Page 222

possibly include Dunoon Wastewater Treatment Works and the Campus Schools N.P.D.O. projects whilst significant and of major importance to the area, are likely to consume a significant proportion of officer time.

4.9 As Members are aware the Bute and Cowal office now has a dedicated enforcement officer. A new member of staff (Mr John Irving) commenced his duties with the authority and is starting to have an impact on the enforcement function.

4.10 One of the main improvements has been the development of a “pro-active” approach to enforcement matters. It is frustrating to many when development is undertaken without the necessary planning permissions(s). Last year the area office again set a target of identifying around 20 authorised developments through monitoring and observations. Within the last twelve months some 18 un-authorised breaches of planning control have been identified culminating in a number of retrospective planning application(s). Many such works related to householder activities but has also included larger scale unauthorised operations

4.11 One of the main objectives is to secure acceptable developments and the use of formal action/notices should, in most cases, be a last resort. In this regard four enforcement notices were served within the last twelve months relating to a 10.7 metre high radio mast at Aucharmore Road Dunoon, a satellite dish at Battery Place (two notices). Rothesay and in relation to unauthorised windows at Oakfield Tighnabruaich (currently the subject of an appeal).

4.12 It has also been necessary to serve four planning contravention notices (one extension, two caravans and engineering works) within the last six months that may result in enforcement action being taken.

4.13 Planning conditions are an integral part of the decisions making process and the strategic development sites continue to be rigorously monitored. Within the last twelve months such monitoring has produced some positive results that required the service of five breaches of condition notices at a residential development at King Street, Dunoon, the non-compliance with conditions in respect of the access at Dalinlongart Cottage, Sandbank, a breach of condition in respect of potential contamination of land at 117-121 Edward Street, Dunoon and in relation to a dwelling and septic tank at Saint Catherines. The use of such formal notices will continue to take place if serious breaches are identified and/or letters sent prior to such notices are largely ignored.

4.14 MID ARGYLL, KINTYRE AND ISLAY

4.15 The area team has, in the past year, processed the most applications of any of the decentralised areas, and yet has managed to exceed the performance target set for that period. This outcome is solely attributable to the commitment of a small number of staff who have sought to ensure that a responsive service is maintained for customers, despite the large number of applications received. In addition to applications processed, recently there has been a considerable additional workload arising from the publication of the new draft local plan, which has generated an unusually high number of pre-application enquiries and has generally heightened interest in opportunities for development.

4.16 Enforcement investigations were stepped up considerably in 2003 due to the appointment of a full-time enforcement officer to the area for the first time. This enabled a backlog of complaints to be addressed, but only required the service of one enforcement notice. Unfortunately with the transfer of the post holder to Oban at the end of 2003, the post has been vacant this year, although a new member of staff is due to take up this post in June. Particular emphasis has been placed on working up a systematic programme development monitoring in the last year, with around a hundred sites being checked on the ground for compliance with the terms of permissions. The more important consents issued between 1996 – 1999 have now been monitored, and progress is being made this year with consents which were granted from 2000 onwards.

Page 223

4.17 HELENSBURGH & LOMOND

4.18 The last year has seen a number of changes to the Helensburgh and Lomond team. A Planning Officer left to join the National Park and the impact of the Park on the number of applications was apparent. However, despite the loss of an experienced officer and the potential instability that can arise, the team worked hard and well to meet both the Scottish Executive and Council targets.

4.19 In Helensburgh and Lomond the aim was to process 78% of all applications within two months. As Members can see from the above figures this total was not only achieved but surpassed, with a total of 83% of all applications dealt within the requisite time period. With such high targets, timescales and deadlines are crucial particularly in terms of Committee items. However, whilst speed is important the officers have strived hard to ensure that the quality of development on the ground has been maintained.

4.20 In terms of enforcement this has continued to provide a large and varied workload. Monitoring has been undertaken to ensure that new development complies with the terms of the appropriate permissions. Apart from the normal householder development the larger schemes have included the Waste Water Treatment Works at Colgrain and the Cala housing development in Cardross. Where complaints have been received these are investigated and the aim has been to reach a negotiated settlement. Where cases have proved impossible to resolve assessments have been undertaken and, in some cases, enforcement action initiated. This year a number of enforcement and breach of condition notices have been served and this work continues to remain a key part of the planning system.

4.21 Overall, the last year has been particularly successful and the Helensburgh and Lomond team are to be congratulated on their hard work and professionalism in achieving what were difficult targets. The aim is to maintain this high standard of work in 2004 – 2005.

4.22 OBAN, LORN AND THE ISLES

4.23 The last period has continued to see a number of staff changes, with two members of staff leaving and being replaced. This instability, with the associated transition period to allow the new officer to become fully acquainted with the Council area and proactive policies, has resulted in a further reduction in the efficiency of the office. As a result there has been a dip in performance and the target set has not been achieved.

4.24 Two new full-time posts (a third Development Control Officer and a second Technician) have been formed to help to cope with the continued increase in workload and the anticipated increase resulting from the implementation of the draft Argyll & Bute Local Plan policies and land allocations in the Oban, Lorn and the Isles area.

4.25 With the new staffing level and a degree of stability over the coming year it is expected that a target figure of 65% can be achieved. To assist further a number of office procedures have also been improved and new ones introduced to aid the office in providing the expected level of public service and meet the targets set for it.

4.26 The last period was difficult in terms of staffing. The enforcement officer was employed for the most part as a temporary Development Control Officer to provide a continued service between one officer leaving and their replacement last autumn. This officer then obtained an advanced job position with another authority and moved away from the area. A new enforcement officer was appointed, and he commenced in January. As a result the Enforcement activity was maintained, for the most part, on a reactionary basis. Since the post was filled there has already been an improvement in resolving extant cases and new workload, as well as the reintroduction of a monitoring regime.

4.27 The most notable enforcement case during the last period was the defence of an enforcement notice appeal and the resultant co-operation from the operator to regularise the breach of planning control at Polvinister Road, Oban.

Page 224

4.28 Having due regard to the above issues, an associated workload audit and due regard to last years audit, it is considered that targets for the forthcoming year be set as follows.

• Bute & Cowal – 77% Whilst this target remains the same it represents a 5% increase in actual performance.

• Mid Argyll, Kintyre & Islay - 66% Whilst this is essentially a drop of 2% on performance, it is reflective of an increasing workload both as a result of actual applications and the effect of the draft Local Plan. Taking these factors into account the target remains the same as last year.

• Helensburgh & Lomond – 79% Whilst this is below the actual performance level it does represent a 1% increase over last years target.

• Oban, Lorn & the Isles – 65% Whilst there is no change in the actual target, this represents a 14% increase in actual performance. This increase is anticipated as a result of the third Planning Officer being in place.

5.0 CONCLUSION

5.1 Overall the level of performance is disappointing and represents one of the lowest levels of performance since 1996. However, within this, Helensburgh and Lomond have performed exceptionally well exceeding both Local and National performance standards. Similarly performance levels in Bute and Cowal remain relatively high although they are below the set target level.

5.2 However, due to high application levels the performance in Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles continues to lag behind the other two decentralised areas, Oban, Lorn and the Isles have experienced a very disappointing year, although Mid Argyll, Kintyre and Islay still managed to exceed performance targets

5.3 In this regard, Mid Argyll, Kintyre and Islay and Oban, Lorn and the Isles continue to receive and process more applications than the other two areas and this would not appear to be changing. The current draft Local Plan is also likely to put greater pressure on these areas. Whilst Oban, Lorn and the Isles now have a third Development Control Officer, the benefits from this officer will not translate into improved performance for a number of months. However it is anticipated that this additional officer will see improvements.

5.4 Notwithstanding the above, both received and processed applications continue to increase and in order to accurately assess the implications for each decentralised areas and its effect on staffing levels it is intended to carry out a detailed work audit.

6.0 IMPLICATIONS

Policy: Continued monitoring and aiming towards improved levels and consolidation of performance consistent with “Best Value” objectives. Continued monitoring of the objectives contained in the Development and Building Control Service Delivery Plan.

Financial: None

Page 225

Personnel: Stability in the staff resource is critical to the improvement and maintenance of service delivery arrangements and performance attainment, particularly as application numbers continue to increase.

Equal Opportunity: None

Angus J Gilmour Head of Planning

Contact: Mr Neil McKay, Development Control Manager (01546) 604172

Page 226

This page is intentionally left blank Page 227 Agenda Item 5x

ARGYLL AND BUTE COUNCIL OBAN, LORN AND ISLES AREA COMMITTEE

DEVELOPMENT SERVICES 5th MAY 2004

OBAN, LORN AND ISLES AREA DESIGN AWARD 2003 REPORT BY DIRECTOR OF DEVELOPMENT SERVICES

1.0 SUMMARY

1.1 Members are familiar with the annual design award which is presented by each of the Area Committees. The design award scheme received national recognition in 1999 and plays an important role in providing high levels of design. The quality of design is recognised at a national level by virtue of a number of Planning Advice Notes and is included as a specific Policy in the Draft Argyll and Bute Local Plan.

1.2 The main aim of these awards is to encourage excellence in design and building quality to enhance the built environment of the Council area, which in turn should assist the economic development and tourism potential which are vital to Argyll and Bute.

1.3 In order to spread the design award as wide as possible and in search of continual improvement, the Department has sought external nominations. In this respect a letter was forwarded to Members, Agents and Architects who came in regular contact with the area office to actively encourage suggestions and potential candidates worthy of consideration. In this respect, 11 nominations have been received. Of those nomination No. 2 and No. 6 were previous contenders for the 2002 Design Award and are thereby discounted from consideration this time.

2.0 RECOMMENDATION

2.1 It is recommended that:

(i) A short list be drawn up, of no more than six, by the Oban, Lorn and Isles Area Committee. (ii) The Area Committee agree that a Panel be set up to adjudicate the design awards. It is suggested that the Panel comprise three Members, Senior Planning Officer and an Architect. (iii) The Panel visit the short listed sites, score the design award and report back to the June Area Committee meeting with recommendations on their choice of winner.

3.0 DETAIL

3.1 It is suggested that the panel would use a set list of criteria for each of the short listed candidates which would take the form of a “scoring sheet”. At the end of the visit to each of the sites, the scoring sheets would be totalled with the winner being the design attracting the greatest number of points.

3.2 It is suggested that the following criteria be used to score each individual design which will establish an impartial marking system for the design award panel.

• Overall design concept • Originality of design • Use of complimentary quality materials/workmanship • Contribution to the selling and harmony with surrounding buildings

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 1

Page 228

• Utilisation and incorporation of original site features • Use of energy saving materials/devices • Internal layout

3.3 Once each individual short listed design award candidate has been scored by each of the individual panel Members, each score would be totalled, with the highest score being recommended to the Area Committee to receive the design award.

4.0 IMPLICATIONS

Policy: Furtherance of the Scottish Executives and Councils Policy on promoting high quality design.

Financial: The cost of the design award and the presentation being met from the current budget.

Angus J Gilmour Head of Planning

Author: Neil McKay 01546 604172

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 2

Page 229

PLANNING DESIGN AWARD 2003

NOMINATION NO. 1

RENOVATION OF DRILL HALL EASDALE ISLAND DRILL HALL, EASDALE ISLAND

APPLICANT: EASDALE ISLAND TRUST AGENT: ADRIAN LAYCOCK

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 3

Page 230

PLANNING DESIGN AWARD 2003

NOMINATION NO. 3

ERECTION OF DWELLING HOUSE ADJACENT TO DRUMARD, DERVAIG, ISLE OF MULL

APPLICANT: MRS H. CAROLINE M. WOOD AGENT: BATTLEDOWN STUDIO

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 4

Page 231

PLANNING DESIGN AWARD 2003

NOMINATION NO. 4

EXTENSION TO DWELLING HOUSE SEAVIEW COTTAGE, OLD MAIN ROAD, SALEN, ISLE OF MULL

APPLICANT: GARETH POTTER AGENT: BATTLEDOWN STUDIO

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 5

Page 232

PLANNING DESIGN AWARD 2003

NOMINATION NO. 5

ERECTION OF DWELLING HOUSE & 2 SELF CONTAINED UNITS BRAMBLE COTTAGE, LOCHDON, ISLE OF MULL

APPLICANT: GILBERT DOUGANS AGENT: BATTLEDOWN STUDIO

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 6

Page 233

PLANNING DESIGN AWARD 2003

NOMINATION NO. 7

IMPROVEMENTS TO VILLAGE HALL LUING VILLAGE HALL, TOBERONOCHY, ISLE OF LUING

APPLICANT: TOBERONOCHY VILLAGE HALL COMMITTEE AGENT: CRERAR & PARTNERS

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 7

Page 234

PLANNING DESIGN AWARD 2003

NOMINATION NO. 8

ERECTION OF CLASS 4 OFFICES GLENSHELLACH BUSINESS PARK, OBAN

APPLICANT: HIGHLANDS & ISLANDS ENTERPRISE AGENT: CRERAR & PARTNERS

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 8

Page 235

PLANNING DESIGN AWARD 2003

NOMINATION NO. 9

ERECTION OF FIRE GARAGE SOROBA ROAD, OBAN

APPLICANT: STRATHCLYDE FIRE BRIGADE AGENT: TRANSPORTATION & PROPERTY SERVICES

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 9

Page 236

PLANNING DESIGN AWARD 2003

NOMINATION NO. 10

ERECTION OF 9 FLATS & 3 SHOPS STEVENSON STREET, OBAN

APPLICANT: STAR BRAE PROPERTIES AGENT: IAIN A. MACDONALD

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 10

Page 237

0PLANNING DESIGN AWARD 2003

NOMINATION NO. 11

ERECTION OF SHELTER/VIEWING BELVEDERE SCARINISH, ISLE OF TIREE

APPLICANT: TIREE ARTS ENTERPRISE AGENT: SUTHERLAND HUSSEY ARCHITECTS

F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\0\0\AI00017006\DESIGNAWARDCOMMITTEEREPORTNMK150304MAYCMTE0.DOC 11

Page 238

This page is intentionally left blank Page 239 Agenda Item 5y

ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

2nd June 2004 DEVELOPMENT SERVICES HITRIANS Windfall Funding Future Programme Area Strategy Projects

1. SUMMARY

The purpose of this paper is to advise members of the offer of a further tranche of money from the Executive to the HITRANS Transportation partnership for implementation of the partnerships’ transportation strategies, and to ask the Area Committee to prepare a list of transportation projects to a value of £500,000 which will inform the Council’s bid for funding from HITRANS for future funding opportunities as they become available.

2. RECOMMENDATION

That the Oban, Lorn and the Isles Area Committee:

2.1. Note the list of HITRANS projects which has been reviewed and agreed by the Policy Development Group on Scotland’s Transport, and subsequently the SPC, for the current year.

2.2. Prepare a list of transportation projects to a value of £500,000 which meet the Area Strategy objectives. This list will be considered by the Strategic Policy Committee at a future meeting and will form the basis of an overall Council Transportation Project List which will be used to create Council bids for funding through HITRANS and WESTRANS, given the strong likelihood of further monies coming from this source in the future.

3. BACKGROUND

3.1. Argyll and Bute Council has benefited from its membership of HITRANS and Westrans by receiving a share of Scottish Executive funding allocated to Regional Transport Partnerships over the last three years. The total benefit to date is approximately £1.225m.

3.2. The HITRANS Partnership has developed an extensive list of Transportation ‘future projects’ covering their area relating to public transport enhancement, prepared in co-operation with the member authorities, which conform to the strategic objectives set out in that Partnership’s Regional Transport Strategy.

F:\moderngov\Data\AgendaItemDocs\7\0\0\AI00017007\HiTransreport0.doc 1 of 2 20 May 2004 Page 240

3.3. It is recognised that there may be projects which are desirable at local level which may not be on the ‘future projects’ list. In order to better inform that list, therefore, Area Committees are asked to prepare their own lists, based on the Area strategy within the Council’s Corporate Plan, from which the SPC may prioritise projects for submission to HITRANS and WESTRANS. The partnerships will then be able to assess these projects against their criteria for inclusion in funding allocations.

3.4. In order to give a feel for the type of projects which are meeting the HITRANS criteria and in time the developing Westrans criteria, a list of categories with very approximate estimated costs is included as an appendix to the paper, along with a few locations, which would benefit. This list should be taken as being indicative of the type of project which may attract support from the partnerships in future funding opportunities.

4. IMPLICATIONS

Policy Meets the Council’s accessibility objectives Financial Costs of subsequently agreed projects are likely to be met through Partnership funding allocated to Regional Transport Partnerships (HITRANS/Westrans) Personnel Officer time required for project preparation Equal Opps None Legal None

For further details please contact Blair Fletcher at 01546 604190

Dave Duthie Head of Transportation and Infrastructure

01546 604689 [email protected]

14 May 2004

F:\moderngov\Data\AgendaItemDocs\7\0\0\AI00017007\HiTransreport0.doc 2 of 2 20 May 2004 HITRANS - PUBLIC TRANSPORT PROJECTS - SCOTTISH EXECUTIVE 2004/05 ALLOCATION - AGREED BY STRATEGIC POLICY COMMITTEE 6 MAY 2004

THEME AUTHORITY LOCATION DESCRIPTION COST COMMENTS Accessibility HC Uig Pier Low Floor Bus £81,000.00 CNES long term desire. Replace existing standard minibus. Price based on Optare Solo. Accessibility AB Tiree Low Floor Bus £62,000.00 To provide an accessible service in Tiree. Price based on Optare Alero. Accessibility AB Cowal and Bute Low Floor Bus £81,000.00 Price Based on Optare Solo. Accessibility CNES Stornoway Low Floor Bus £114,000.00 Price based on a Volvo B7RLE (available ex stock). Accessibility Moray TBA Low Floor Buses £150,000.00 Funding to operators for the introduction of low floor buses. Cycling HC Evanton - Alness or Cradlehall Cycle Path £50,000.00 - Retail Park Safety HC Muir of Ord Station Park and Ride Schemes £40,000.00 Include CCTV, waiting shelter refurbishment, improved lighting, landscaping, designated station car parking and possibly CIS. Information HC/Moray Elgin and Inverness Traffic Model £33,000.00 Information HC and Moray Elgin to Inverness Corridor Scoping Study £25,000.00 Information All TBA New bus stop flags/poles £30,000.00 The flags should advertise the new Traveline SMS information service. This will mean people can get

information on services departing from their stop. Page 241 Information All Routes To Ferry Ports Advance signing of ferry £10,000.00 Advance signing of ferry ports. This should be similar to ports. the signing provided for the Superfast Ferries service from Rosyth to Zeebrugge. Information AB/HC/Moray Inverness to Buckie and/or RTIS Trial £100,000.00 A trial of a real time information system to ascertain its Glasgow to Campbeltown benefits. Infrastructure HC Inverness Bus Priority £47,000.00 Bus priority measures at traffic lights. Infrastructure HC/Moray/SIC Elgin (& urban Moray as Low Floor Boarding £45,000.00 Introduce raised kerbs at locations where low floor bus identified), Inverness, Lerwick Platforms operation is well established. Infrastructure Moray Elgin Park and Ride £10,000.00 investigation and trial Infrastructure HC Fort William Travel Centre £90,000.00 Creation of staffed travel centre within Fort William railway station where information on ferries, coaches and buses is available. Infrastructure Moray/NA TBA 10 No. HITRANS Shelters £60,000.00 Infrastructure AB Iona Ferry Terminal Building £66,000.00 Provide a passenger waiting facility at the ferry terminal to accommodate the high passenger volumes travelling to Iona. Ferry capacity of 250. Infrastructure OIC Kirkwall Airport Covered Walkway £120,000.00 HIAL support for this project has already been given. Infrastructure SIC A970 Sumburgh to Lerwick Bus bays £25,000.00 Infrastructure SIC Ferry Terminal Locations Automatic Lighting £10,000.00 Improve security and passenger safety. Infrastructure SIC Grutness Ferry Terminal Ferry Waiting Room £30,000.00 Replace temporary portacabin. Infrastructure SIC Toft and Ulsta Ferry Terminals Passenger Shelters £6,000.00 Improve passenger facilities. Infrastructure SIC Shetland Ferries Terminals Improve Facilities £60,000.00 Improve passenger facilities. TOTAL: £1,345,000.00 Page 242

This page is intentionally left blank Page 243 Agenda Item 6a

ARGYLL AND BUTE COUNCIL OBAN, LORN AND THE ISLES AREA COMMITTEE TRANSPORTATION AND PROPERTY

WORKS PROGRAMME 2004/05

1. SUMMARY

This report gives details of the proposed Roads Maintenance Works Programme for 2003/04.

2. RECOMMENDATIONS

2.1. That the Committee approves the proposed programmes.

3. BACKGROUND

3.1. The 2004/05 Roads Revenue budget has been divided between the four operational Areas on the basis of road mileage and population. Oban Lorn and the Isles share is £1,639,215.

3.2. In addition this Area has been allocated capital funds for resurfacing schemes and for surface dressing.

3.3 A road maintenance and asset management plan for the road network in Argyll and Bute was presented to the 8 April meeting of the Strategic Policy Committee. A presentation on this plan was given to the Area Committee on 5 May.

Basically the plan consists of network hierarchy, inventory and standards.

Roads are ranked 1, 2 and 3 (Strategic, Main or Minor) according to their function within the Road Hierarchy; an inventory of road assets to be maintained is compiled; condition standards define intervention levels or intervals between activities. From this a level of funding can be calculated which will allow the network to be maintained in its current condition.

e.g Drainage Ditches

Hierarchy Ditches Length Standard Cost per annum Rank 1 51km Clean every 3 years £46,000

2 61km Clean every 4 years £41,000

3 384km Clean every 5 years £207,000

This process helps us to prioritise spending on different activities and to assess the implications of spending decisions.

3.4 Appendix A shows some of the principal maintenance standards used in the calculation of the costs of sustainable maintenance of the road network. Page 244

-2-

3.5 Appendix B shows the required annual budget for sustainable maintenance calculated using these maintenance standards, existing inventory information and estimated unit costs for these activities. Inventory and unit cost information will be refined as we gain experience with this process. The figures given in Appendix B are our best estimates using current data, but may be subject to change. The current budget is not sufficient to meet the recommended standards. Appendix B gives proposals on how the available budget should be spent and notes the consequences for maintenance standards.

3.6 Appendix C shows the proposed surfacing programme.

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125

Page 245

Page 246

This page is intentionally left blank Page 247 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 250

This page is intentionally left blank Page 251 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8b of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 254

This page is intentionally left blank Page 255 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8c of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 258

This page is intentionally left blank Page 259 NOT FOR PUBLICATION by virtue of paragraph(s) 9 Agenda Item 8e of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 262

This page is intentionally left blank Page 263 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 9b of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 264

This page is intentionally left blank Page 265 NOT FOR PUBLICATION by virtue of paragraph(s) 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 266

This page is intentionally left blank Page 267 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 9c of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 268

This page is intentionally left blank Page 269 NOT FOR PUBLICATION by virtue of paragraph(s) 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 270

This page is intentionally left blank Page 271 NOT FOR PUBLICATION by virtue of paragraph(s) 13 Agenda Item 9d of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 272

This page is intentionally left blank Page 273 NOT FOR PUBLICATION by virtue of paragraph(s) 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 274

This page is intentionally left blank Page 275 NOT FOR PUBLICATION by virtue of paragraph(s) 6, 13 Agenda Item 10a of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 276

This page is intentionally left blank Page 277 NOT FOR PUBLICATION by virtue of paragraph(s) 6, 13 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 280

This page is intentionally left blank