IMPORTANT – THIS COMMUNICATION AFFECTS YOU PROPERTY

TOWN AND COUNTRY PLANNING () ACT 1997

BREACH OF CONDITIONS NOTICE

REFERENCE NUMBER: 06/00245/ENFOCC

To: Neil Collis 19 Angus Road Scone Perth PH2 6QU

SERVED BY: AND BUTE COUNCIL, KILMORY, LOCHGILPHEAD

1. THIS IS A FORMAL NOTICE which is served by Council, under Section 145 of the and Country Planning (Scotland) Act 1997, because it is considered that conditions imposed on the grant of planning permission, relating to the land described below, has not been complied with. It is considered that you should be required to comply or secure compliance with the conditions specified in this notice.

2. THE LAND AFFECTED BY THE NOTICE

The site to which this notice relates (shown edged in red on the attached plan) forms an area of land known as Victoria Hotel 67, Argyll Street, Lochgilphead Argyll And Bute, PA31 8NE

3. THE RELEVANT PLANNING PERMISSION

The relevant planning permission to which this notice relates is the permission granted by Argyll and Bute Council on the 06th September 2006, for the formation of a beer garden (retrospective), installation of oil tank to rear area, erection of timber fence on North boundary and erection of 1.8m timber gate to side access.

4. BREACH OF CONDITION

The following condition(s) has/have not been complied with:

3.) Use of the beer garden shall not be commenced until a scheme for protecting the local residential properties from noise from the use of the bar shall be submitted to and approved in writing by the Council as Planning Authority following consultation with the Head of Public Protection. Thereafter the scheme shall be operated to the satisfaction of the Authority for the duration of the period when the beer garden is in use by patrons.

4.) Use of the beer garden shall not be commenced until an acoustic lobby (an internal enclosed space erected around the rear door to which access is required through another door), has been constructed within the building at the access to the beer garden to the satisfaction of the Council as Planning Authority.

5.) Use of the beer garden shall not be commenced until the proposed gates and timber fencing on North boundary, as indicated on drawing No’s 02B, 4 and 6, have been installed to the satisfaction of the Council as Planning Authority. The gates shall remain closed during licensing hours.

5. WHAT YOU ARE REQUIRED TO DO

As the person responsible for the breach of condition specified in paragraph 4 of this notice, you are required to comply/secure compliance with the stated condition(s) by taking the following steps:

1.) Cease use of the beer garden until conditions 3, 4 and 5 have been discharged to the satisfaction of the Council. 2.) Submit a scheme for protecting the local residential properties from noise from the use of the bar. 3.) Install an acoustic lobby in accordance with condition 4 to the satisfaction of the Council. 4.) Install the proposed gates and timber fencing on the North boundary as indicated on drawing No’s 02B, 4 and 6.

6. TIME FOR COMPLIANCE

Time for compliance: 30 days beginning with the day on which the notice is served on you.

7. DATE THIS NOTICE TAKES EFFECT

This notice takes effect immediately it is served on you or you receive it by postal delivery.

Dated: 05th October 2006

Head of Planning Kilmory Lochgilphead

On behalf of Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT

WARNING - THERE IS NO RIGHT OF APPEAL AGAINST THIS NOTICE

It is an offence to contravene the requirements stated in paragraph 5 of this notice after the end of the compliance period. The maximum penalty for such an offence is £1000.00.

If you are in any doubt about what this notice requires you to do, you should get in touch immediately by telephone, followed by written enquiry to the Area Planning Office at 67 Chalmers Street, , PA30 8HS, Telephone 01546 604070.

If you need independent advice about this notice, you are advised to contact urgently a lawyer, planning consultant or other professional advisor specialising in planning matters. If you wish to contest the validity of the notice, you may only do so by an application to the Court of Session for judicial review. A lawyer will advise you on what procedure this process involves.

DO NOT LEAVE YOUR RESPONSE TO THE LAST MINUTE