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

Dalriada House, Lochnell Street, Lochgilphead, Argyll, PA31 8ST Tel: 01546 602177 Fax: 01546 604530

27 October 2003

NOTICE OF MEETING

A meeting of the MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE will be held in the THE TOWN HALL, CAMPBELTOWN on WEDNESDAY, 5 NOVEMBER 2003 at 10:00 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. MINUTES OF MEETING OF 8 OCTOBER 2003 (PAGES 1 - 4)

4. NOTE OF MEETING OF JURA POLICY DEVELOPMENT GROUP DATED 8 OCTOBER 2003 (PAGES 5 - 6)

5. PLAY AREAS AND PLAYING FIELDS - NOTE OF MEETING (PAGES 7 - 8)

6. PRESENTATION - KINTYRE HEALTHY LIVING PROJECT

7. PUBLIC QUESTION TIME

8. PLANNING APPLICATIONS (PAGES 9 - 48)

9. DELEGATED DECISIONS (PAGES 49 - 60)

10. BUILDING CONTROL PERFORMANCE MONITORING AND SIX MONTHLY SERVICE PLAN PROGRESS (PAGES 61 - 66)

11. MINUTES OF DALINTOBER AND MILLKNOWE AREA DEVELOPMENT GROUP DATED 22 AUGUST AND 3 OCTOBER 2003 (PAGES 67 - 76)

12. MINUTES OF MID ARGYLL PARTNERSHIP DATED 2 SEPTEMBER 2003 (PAGES 77 - 84)

13. SCHOOL EXAM RESULTS 2003 - CAMPBELTOWN GRAMMAR SCHOOL AND TARBERT ACADEMY (SCHOOL REPORTS TO FOLLOW) (PAGES 85 - 88)

14. LEISURE DEVELOPMENT GRANTS ANNUAL REPORT 2003/2004 (PAGES 89 - 92)

15. SOCIAL WELFARE GRANTS ANNUAL REPORT 2003/2004 (PAGES 93 - 96)

16. AREA PLAN AND BUDGET - ADDITIONAL CAPITAL RECEIPTS (PAGES 97 - 108)

17. BOWMORE HALL (PAGES 109 - 110)

18. LOW ASKOMIL, CAMPBELTOWN - (REPORT TO FOLLOW)

EXEMPT SECTION 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 paragraph is:-

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.

E1 19. PROPOSED ACQUISITION OF PROPERTY - HAZELBURN CAMPBELTOWN (PAGES 111 - 114)

E1 20. LOCK UP GARAGES - INVERARAY (PAGES 115 - 118)

E1 21. KILBERRY VILLAGE HALL AND SCHOOLHOUSE (PAGES 119 - 122)

E1 22. LEASE OF PREMISES 51/53 CHALMERS STREET - REPORT TO FOLLOW

MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE

Councillor Rory Colville Councillor Robin Currie Councillor John Findlay (Vice-Chairman) Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpineCouncillor Alastair McKinlay (Chairman) Councillor Bruce Robertson

Contact: DEIRDRE FORSYTH Page 1 Agenda Item 3

MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the COUNCIL CHAMBERS, KILMORY on WEDNESDAY, 8 OCTOBER 2003

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor John Findlay Councillor Alison Hay Councillor Donald Kelly Councillor Donnie MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Donnie McLeod, Area Manager Transportation & Property Services Richard Kerr, Senior Development Control Officer Willie Luke, Area Property Officer Hugh Blake, Estates Surveyor

1. URGENT ITEMS

The Chairman decided in terms of Section 50B (4) (b) of the Local Government (Scotland) Act 1973, and the Committee agreed in terms of Standing Orders that items 8 and 9 which were not specified in the agenda should be considered as a matter of urgency because of the need to take action on them before the next meeting.

2. APOLOGIES

Because of an accident on the A83, Councillors McKinlay, Colville and Kelly did not arrive until Item 6.

3. MINUTES OF MEETING OF 3 SEPTEMBER 2003

The minutes of meeting of 3 September 2003 were approved, subject to the following amendment.

On page 10, Item 21 Capital Budget heading (II) it was agreed that the minute should read,

“The Committee agreed that the following projects would be considered from any further capital receipts along with other projects.”

Page 2

4. PUBLIC QUESTION TIME

A letter was received from South Kintyre Seniors Forum which requested that members of the Area Committee

• Support the continued funding for the Citizens Advice Bureau – a service much needed and accessed by the elderly in this area, • Negotiate a realistic rate for elderly care to prevent the closure of Auchinlea, bearing in mind that the Councils own homes in other areas receive a much higher rate per resident • Ensure an early decision and action on the proposed changes to the town centre traffic plan, with speed calming measures and appropriate crossings • Give an assurance that work on the new ‘Community Facility’ in Campbeltown will – at last – begin, to allow older members of the community to enjoy the health benefits of the use of a swimming pool, and an accessible library.

Decision

1. The Area Committee support the citizen’s advice bureau and agreed that this is a much needed service for the area.

2. it is noted that Auchinlea is not now closing.

3. The town centre traffic plan measures are programmed to happen over the next three years and the Area Committee are updated by the Area Roads manager on progress on a regular basis.

4. The community facility in Campbeltown is expected to commence during this financial year.

5. PLANNING APPLICATIONS

Councillor MacMillan left the meeting at this point.

The Committee considered and dealt with the applications for planning as detailed below.

1. 03/00870/LIB Mr & Mrs R Rickman. Listed Building Consent. Application of a wet dash render to south facing gable, Leargy Church, Craighouse, Isle of Jura.

Decision

Members resolved to approve the application as a minor departure to the provisions of the Development Plan subject to;

1. The application being advertised as a departure to the Development Plan;

2. The proposal be notified to Historic Scotland following the expiry of the publicity period with a recommendation of approval subject to the standard condition and reason contained in the report by the Head of Planning dated 22 September 2003;

Page 3

3. In the event of representations being received the matter be remitted to Members for further consideration.

2. 03/01100/DET Hawbrook Ltd. Detailed Planning Permission. Erection of three detached dwellinghouses, Kilkerran Quarry, Kilkerran Park, Campbeltown.

Decision

That detailed planning permission be approved subject to the standard conditions and reasons and the conditions and reasons contained in the report by head of Planning dated 23 September 2003.

Councillor MacMillan returned to the meeting at this point.

3. 03/01281/OUT Mr & Mrs J Brolly. Outline. Erection of shop, restaurant, inn and hostel, Torran Bay, Ford.

Decision

That a site inspection be held at 10:30 am on Thursday 6 November 2003.

6. DELEGATED DECISIONS

The Committee noted the decisions issued by the Director of Development and Transportation Services dated 13 August 2003.

7. ENFORCEMENTS

1. 03/00098/ENFOTH

Decision

The Committee agreed the recommendations contained in the report.

(Reference – Report by Head of Planning dated 23 September 2003)

2. Neglect of Listed Building

Decision

The Committee agreed the recommendations contained in the report.

(Reference – Report by Head of Planning dated 4 September 2003)

Page 4

3. Proposed Tree Preservation Order 03/03

Decision

The Committee agreed the recommendations contained in the report.

(Reference – Report by Head of Planning dated 23 September 2003)

8. PROPOSED LEASE OF LAND - BENGULLION ROAD, CAMPBELTOWN & DISTRICT JUVENILE FOOTBALL ASSOCIATION

A report describing terms of the lease of land in Campbeltown to Campbeltown & District Juvenile Football Association (CDJFA) was discussed.

Decision

The Committee agreed the terms of the report.

(Reference – Report by Director of Corporate Services dated 8 October 2003)

9. PROPOSED LEASE OF LAND FOR SKATEBOARD FACILITY - BENGULLION ROAD, CAMPBELTOWN

A report describing terms of the lease of land in Campbeltown for a Skateboarding park was discussed.

Decision

The Committee agreed the terms of the report subject to planning permission being obtained.

(Reference – Report by Director of Corporate Services dated 8 October 2003)

Page 5 Agenda Item 4

Note of meeting of Jura Policy Development Group.

Members present: Councillor McKinlay Councillor Currie

In attendance: Alan Macdonald Dave Duthie Donnie McLeod Deirdre Forsyth

Alan Macdonald advised that a letter has now been received from the Scottish Executive to say that there will be no assistance with funding for a new ferry. He has identified the need for the Council to look at all ferry operations and standardise them and indeed to consider strategically whether the Council should be involved with ferries. In regard to Jura the future plans of the distillery and the overland route are both crucial. Councillor Currie pointed out that the Policy Development Group was set up by the SPC to try to find ways of getting funds for a new ferry. Dave Duthie advised that historically Jura was lifeline link provided by Caledonian MacBrayne and was only taken over by the Council in the 1970s following the public enquiry with regard to the removal of ferry links as a result of the intervention by Western Ferries. Dave also will be discussing with Bruce West ways of ensuring that revenue costs are covered by additional funding from the Scottish Executive.

Decision. 1]Alan Macdonald will put together rough figures for the ferry regarding capacity, traffic use and costings and will also assess the additional cost to the Council for a new ferry whether purchased or leased and an approximate fare structure.

2]Deirdre Forsyth will approach Argyll & the Isles Enterprise and Jura Development Trust in regard to a study to justify the economic case for the ferry by discussing the effect that the current ferry is having on businesses especially Jura Distillery and including the effect on residents when their cars have to wait for a lengthy time to cross.

3]Dave Duthie will write to the Scottish Executive after a discussion with Bruce West in regard to the general case for including additional funding from GAE.

4]The next meeting of the Jura Policy Development Group will be immediately after the December meeting of the Area Committee. Page 6

This page is intentionally left blank Page 7 Agenda Item 5

Note of meeting held with Alison Mcilroy and Alan Stuart to discuss play areas and playing fields within the Mid-Argyll, Kintyre and Islay area.

Present: All the members except for John Findlay

In attendance: Alan Stuart Alison Mcilroy Ian Fawcett Kevin Bye, MAKI Environment Worker Donnie McLeod Deirdre Forsyth Play areas Alison Mcilroy explained the Council’s policy in regard to Health and Safety issues which are brought to light by the maintenance inspection and the Insurance Company, and also in regard to play areas currently being managed by a community group under a lease from the Council. She pointed out that these groups have responsibility for insurance, maintenance and replacement of equipment. She advised that her total budget for the year for the area was £12,500 capital and £6,250 revenue. Various individual play areas were discussed including the following:- Front Green, Lochgilphead; Tarbert, Ardrishaig, Saddell, Princes Street, Campbeltown; Kinloch Green, Campbeltown. She advised that Community Councils who run play areas have insurance covered by the Council and it may be possible for Community Councils to assist in those areas where a play area committee is having difficulty.

Decision. It was agreed that Alison Mcilroy would prepare a paper to assist members and groups in regard to the management and running of play areas.

Sport and playing fields Strategy. Alan Stuart spoke about the sport strategy for playing fields and advised that a draft strategic document was ready to be discussed.

Alan was able to explain that although the all-weather pitches were expensive they were able to recoup their costs because of their availability over seven days as opposed to grass pitches which are some times unavailable.

Decision. It was agreed to ask that the draft strategy be presented to the November meeting of the Area Committee thus allowing the comments from MAKI to go to the SPC before Alan meets Sport Scotland. It was noted that Mid-Argyll, Kintyre and Islay have a proportion of the 1.2 million allocated to Argyll & Bute Council from Sport Scotland and to ask for information in regard to the allocation of that sum to be provided in a report by Willie Young to the next meeting of the Area Committee.

Page 8

Page 9 Agenda Item 8

ARGYLL AND BUTE COUNCIL

TOWN AND COUNTRY PLANNING

APPLICATIONS TO BE CONSIDERED BY THE MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE AT THEIR MEETING ON 5 NOVEMBER 2003

1. 03/01362/COU Mr John MacKenzie. Detailed/Change of Use. Construction of 1st floor above commercial garage and 1st floor above existing rear extension, in order to form private garage with 1st floor living accommodation. D & N MacKenzie, Main Street, Port Charlotte, Isle of Islay

Recommendation

That the application be refused for the reasons set out in the report by the Director of Development Services dated 21 October 2003.

2. 03/01511/NID Argyll and Bute Council. Notice of Intention to Develop. Construction of improved berthing facilities. Bruichladdich Pier, Bruichladdich, Isle of Islay.

Recommendation

That Members be minded to support the application subject to:

1. The standard time limit condition and reason and the conditions and reasons contained in the report by Director of Development Services dated 22 October 2003;

2. An informal hearing being held in view of the number of representations in respect of the proposal;

3. The application being notified to the Scottish Executive in accordance with the requirements of the Town and Country Planning (Development by Planning Authorities)(Scotland) Regulations 1981.

3. 03/01663/OUT Forestry Commission. Outline. Erection of dwelling house, Barnluasgan, Bellanoch.

Recommendation

That planning permission be granted subject to the standard outline conditions and reasons and the conditions and reasons contained in the report by Director of Development Services dated 21 October 2003.

F:\moderngov\Data\AgendaItemDocs\3\2\3\AI00010323\Planninglistfor05November20030.doc Page 10

This page is intentionally left blank Page 11

DEVELOPMENT SERVICES Local Member - Cllr. Robin Currie PLANNING APPLICATION REPORT Date of Validity - 1st August 2003 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 5th November 2003

15th October 2003 Reference Number: 03/01362/COU Applicants Name: Mr John MacKenzie Application Type: Detailed/Change of Use Application Description: Construction of 1st floor above commercial garage and 1st floor above existing rear extension, in order to form private garage with 1st floor living accommodation. Location: D&N MacKenzie, Main Street, Port Charlotte, Isle of Islay

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Use of commercial garage for residential purposes (living accommodation with private garage space below); • Construction of first floor above garage and existing rear extension.

(B) RECOMMENDATION

It is recommended that the application be refused for the reasons set out in the report.

The application relates to a former commercial garage in the Port Charlotte Conservation Area which is attached to a two storey dwelling on one side and is closely adjoined by a single storey property on the other. The gable end of existing building fronts onto the highway and the building has a lower height single storey extension to the rear. The proposal to use this commercial property for residential purposes is considered generally beneficial to the surrounding area, particularly in terms of the amenity of adjoining residential property. The proposal also involves the formation of a first floor with a pitched roof at the same height as the adjacent house, which will give rise to a more appropriate street frontage, which will enhance the character and appearance of the designated Port Charlotte Conservation Area. As such the proposal is consistent with policies STRAT DC 9 of the Structure Plan and POL BE 3 of the Local Plan.

However, the proposal, by virtue of excessive length and height of the proposed first floor rear projection, is likely to be a dominant and overbearing structure which could result in a significant loss of amenity to adjacent residential property. The scale of this alteration/extension of the rear wing of the property is considered to conflict with the Council’s Design Guide Leaflet D – ‘Alterations and Extensions of Existing Buildings’ and would therefore be contrary to policy POL BE 11 of the Local Plan. One letter of objection has been received from the occupier of the attached dwelling who considers that the length and height of the rear projection will adversely affect her enjoyment of the rear rooms of her house and part of the back garden.

It should be noted that it is proposed to use the whole of the ground floor of this building for private vehicle and boat storage for both the intended occupier of the first floor and for the applicant who has a house elsewhere in the village. It has been suggested to the applicant that a reduction in the height and length of the first floor could be achieved by reducing the amount of vehicle storage and including a proportion of the living accommodation on the ground floor. This could overcome the neighbour’s objection and my own concerns as to the bulk of the building which would project to the rear of the adjacent dwellings. Following a site meeting to discuss the shortcomings of the proposal as submitted, the applicant has confirmed that he does not wish to reduce the amount of vehicle storage proposed (4 cars, 2 boats and a tractor) and wishes his application to be determined as it stands. In my view, this building is capable of being converted/extended to provide the living

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 12

accommodation required whilst also providing a reasonable amount of vehicle storage, without being extended to such a degree that it impinges unreasonably upon the amenity of existing residents. It is therefore the applicant’s refusal to compromise upon the proportion of the storage area to be included within the property which has prevented the negotiation of a satisfactory solution in this case.

Angus J Gilmour Head of Planning 21st October 2003

Author: Peter Bain 01546 604082 Contact officer: Richard Kerr 01546 604080

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 13

REASON FOR REFUSAL RELATIVE TO APPLICATION: 03/01362/COU

1. The proposal involves the increase in height of the building and its existing rear extension, which would create a rear projection 7.2 metres in height to the ridge and 12.8 metres in length from the rear main wall of, and along the boundary, with the attached dwellinghouse. The excessive length and height of this proposed rear extension would produce a dominant structure which would give rise to a significant adverse effect upon the residential amenity of adjoining residential property by reason of the loss of daylighting and the overbearing and claustrophobic effect of such a structure. The extension of the building would not comply with the requirements of the Council’s Design Guide Leaflet D ‘Alterations and Extensions of Existing Buildings’ in that it would not be subordinate to the original building and would impinge upon residential amenity, and consequently, would be contrary to POL BE 11A of the Islay Jura and Colonsay Local Plan (1985 and First Alteration 1989).

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 14

APPENDIX RELATIVE TO APPLICATION: 03/01362/COU

A. POLICY OVERVIEW

Argyll and Bute Structure Plan 2002

STRAT DC 1 – Development within the Settlements

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

A) Within the Main Towns …

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 …

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 exceedingly 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.

STRAT DC 9 – Historic Environment and Development Control

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

Islay, Jura and Colonsay Local Plan (1st Review) 1988

POL HO 6

The settlement patterns of Bowmore, Bruichladdich, Port Charlotte and Portnahaven/Port Wemyss require that infill development in these settlements be restricted to sites identified by the Council.

POL BE 3

Within the Port Charlotte Conservation Area, the Council’s prime objectives will be:

a) to prevent any deterioration in the character and setting of the designated area through unsympathetic new development, changes of use, demolitions, extensions or alterations to buildings and structures, many of which do not normally require planning permission;

b) to restore and improve the character and general environment of the designated area by promoting enhancement work, notably the undergrounding of overhead wires and the repair of streets and pavements;

c) to secure additional financial assistance for restoration and enhancement works.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 15

POL BE 11A

The Council will seek to achieve a high standard of design and layout where new developments are proposed. The Council will produce design guidelines for the use of potential developers which shall include advice on servicing, layout, density, materials, landscaping, extensions, conversions and alterations to existing buildings.

Argyll and Bute Council Design Guide Leaflet D ‘Extensions and Alterations to Existing Buildings’ 1985

5.4 The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the existing building. The extension should not dominate. It is thus vital to consider carefully the character of the existing building before designing any new work, and the extension should ideally reflect its style and proportions.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed planning consent (ref. 01-89-0690) was granted on 30th August 1989 for the erection of a 1st storey (offices/store) above the garage and single storey rear extension to the existing garage facilities. The approved plans show the front elevation of the building to be similar to that of the current proposal, however the proposed rear extension was shown as being much lower (4.0m rather than 7.2m) and shorter than the current proposal.

(ii) Consultations

• Area Roads Engineer (received 26.08.03) – No objections.

• Scottish Water (01.09.03) – No objections subject to note to applicant.

• Scottish Civic Trust (15.10.03) - Recommend that the general design of the proposed new building would be an improvement on the current situation where the gable of the building faces onto the street at odds with the adjacent terraced houses. It is however recommended that stone cills and bands be used if possible and that the use of a softer render rather than wet dash with white chip be investigated. It is also recommended that timber sliding sash and case windows be installed.

(iii) Publicity

The application has been advertised in the Oban Times under Article 9 (vacant land) and as development in a conservation area (expiry 18th September 2003). A further potential departure advert is to be placed in the Oban Times on 23rd October (expires 13th November 2003). One letter of representation has been received from Mrs. M. McEwan, 64 Main Street, Port Charlotte, Isle of Islay (received 15.09.03); the points of representation are as follows:

The proposed height of the building will be exceedingly oppressive when viewed from the upstairs bedroom and from the ground floor sunroom of the adjoining property, 64 Main Street. It is also expected that, by virtue of its height, the proposed building will adversely affect the amenity of the rear garden ground of the objector’s house.

Comments: The application site has been inspected from both the rear garden and the interior of the objector’s home and it is considered that the bulk and height of the proposed rear extension will impinge to an unreasonable degree upon the residential amenity of this property. This issue is fully addressed in the assessment below.

It should also be noted that the objector has stated that she wishes only to make representations with regard to the scale of the proposed development, and its relationship

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 16

with the rear of her property, and that she has no objection in principle to the change of use from commercial to residential use, and indeed welcomes this aspect of the development.

C. ASSESSMENT

The proposal is for the change of use, alteration and extension of an former commercial garage to form a private garage with 1st floor living accommodation. The application site is located in a predominantly residential area within the designated Port Charlotte Conservation Area.

The existing commercial garage consists of a 1½ storey pitched roof building sited with its gable, finished in smooth rendered block work, facing onto Main Street. A single storey extension has been added to the rear of the building. The application site is bounded to the south by a single storey dwellinghouse known as West End and to the north by 64 Main Street, a 2 storey dwellinghouse. The proposed change of use from commercial garage to residential is compatible with that of the existing neighbouring land uses, and indeed such a change would represent an improvement over the existing situation.

The predominant development pattern within the surrounding area is of terraced and single dwellinghouses that face onto Main Street set out along a common building line. The existing commercial garage is sited so that its gable addresses Main Street making it appear at odds with the existing development pattern, it is also noted that the garage building does not make any significant contribution to the character or appearance of the designated conservation area. The proposal includes for the demolition of part of the front section of the existing garage and the formation of a replacement 2 storey structure that will match the proportions and roofline of the adjacent residential property, 64 Main Street. The existing rear, single storey extension is to be retained and altered/extended to form a 1½ storey building. The whole ground floor of the new building (approximately 140m2) is to be utilised as a private garage/store. The entire 1st floor, (again approximately 140m2) is to form a 3 bedroom flat.

The alteration/extension of the front section of the building would result in a structure, which when viewed from Main Street, shall reflect the proportions and building style and line of the existing adjoining residential properties. The proposal would therefore make a positive contribution to the character and appearance of the conservation area.

The proposed 1½ storey wing to the rear of the building would not be visible from public locations and would not therfore adversely affect the character or appearance of the designated conservation area. It is however considered that the proposed 1½ storey rear wing is of an excessive length and height given its relationship with the rear of existing residential property. By virtue of its proportions it is likely to be a dominant and overbearing structure which would have an adverse effect upon the amenity of the rooms at the rear of, and the rear garden ground associated with, No. 64 Main Street in particular.

The existing garage stands at 5.2m from ground level to ridge with the single storey rear extension at 4.0m. The proposal includes for the raising of the front section of the garage to a wall height of 5.5m with a ridge height of 8.2m to match that of 64 Main Street. In addition, the rear wing of the building is to be raised to a ridge height of approximately 7.2m for a length of approximately 14.8m. In my view, the first 6.8m of this rear wing is not significant in terms of its effect upon the adjoining properties, having regard to the existing situation. However, the rear section of the extension proposed would involve raising the original extension (4.0m to the ridge) to a ridge height of 7.2 metres, for a length of some 7.9 metres. This would be a significant extension to the rear of and on the boundary with No. 64 Main Street and would represent a material worsening in the relationship which presently exists between these adjoining buildings.

The rear part of the extension would become dominant and overbearing structure when viewed from the rear rooms and the garden ground of adjacent dwellings and which consequently would have an adverse effect upon the amenity of such areas. Furthermore, the proposed extension is not considered to be subordinate to the floor area of the existing property, and an enlargement of the proportions envisaged would therefore be contrary to the guidance given in the Council’s Design Guide Leaflet D ‘Alterations and Extensions to Existing Buildings’. Consequently the proposal is considered to be contrary to the provisions of POL BE 11A of the Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 17

The applicant has been recommended to shorten the rear section of the extension, in order that the enlarged building more closely reflects the proportions of the existing garage and its original single storey rear extension. This could be achieved by reducing the amount of first floor accommodation at the rear by utilising part of the ground floor for residential purposes rather than vehicle storage. The applicant has advised that this is not suitable for his purposes, as the private garage is to accommodate 2 vehicles associated with the living accommodation above, 2 vehicles associated with another nearby dwellinghouse within the ownership of the Applicant as well as to 2 boats and a tractor.

In my view, this building is capable of being converted/extended to provide the living accommodation required whilst also providing a reasonable amount of vehicle storage, without being extended to such a degree that it impinges unreasonably upon the amenity of existing residents. It is therefore the applicant’s refusal to compromise upon the proportion of the storage area to be included within the property which has prevented the negotiation of a satisfactory solution in this case.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301362COUMAINSTREETPORTCHARLOTTE0.DOC

Page 18

This page is intentionally left blank Page 19 Page 20

This page is intentionally left blank Page 21

DEVELOPMENT SERVICES Local Member - Cllr. Robin Currie PLANNING APPLICATION REPORT Date of Validity - 14th August 2003 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 5th November 2003

21st October 2003 Reference Number: 03/01511/NID Applicants Name: Argyll and Bute Council Application Type: Notice of Intention to Develop Application Description: Construction of improved berthing facilities Location: Bruichladdich Pier, Bruichladdich, Isle of Islay

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of four mooring dolphins linked to pier by steel walkway. • Installation of berthing dolphins and fender wall to end of existing pier.

(ii) Other aspects of the development:

• Dredging/rock removal to accommodate deeper draught tankers.

(B) RECOMMENDATION

It is recommended that Members be minded to support the application subject to:

1) The standard time limit condition and reason and the conditions and reasons attached;

2) An informal hearing being held in view of the number of representations in respect of the proposal;

3) The application being notified to the Scottish Executive in accordance with the requirements of the Town and Country Planning (Development by Planning Authorities)(Scotland) Regulations 1981.

The proposal is for the installation of berthing dolphins and fender piles directly to the end of an existing pier, and the installation of four offset mooring dolphins and a galvanised link walkway. The development is required to overcome the shortcomings of the existing wooden pier and the current berthing arrangements. It has been prompted by the need to meet health and safety requirements associated with the berthing of larger vessels, the need for which has been brought about by Government proposals to ban the use of single-hulled oil tankers. Alternative means of securing the continued long-term use of the site by coastal tanker, such as constructing a solid jetty extension or a remote discharge point out in Loch Indaal, have been considered but have been discounted for environmental, financial, or technical reasons. The existing suppliers have indicated their intention to discontinue deliveries of fuel oil and heavy oils during 2004 unless the existing facilities can be suitably upgraded. If the supplier were to continue making deliveries, these would require to be made by road tanker via the mainland ferry. It is most unlikely that an alternative supplier would be prepared to consider using a small terminal which fails to meet modern shipping standards.

The improvements proposed to the end of the pier will not be readily visible from the shore, and those elements which will be visible will not be significant. The formation of four offset mooring dolphins, two on either side of the pier, linked to the existing structure by 50 m long walkways will have more of an impact visually. There are no objections to the proposal from statutory or other consultees. 56 representations against and 2 for the proposal have been received from third parties, largely in terms of the visual impact of the development, and its possible consequences for small boat users.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 22

It is considered that the additional berthing structures proposed will be viewed in the context of an existing industrial pier and will not appear unduly incongruous within such a setting. Only the top 4 – 6 metres of the 2.3m diameter structural steel piles forming the dolphins will be visible above sea level, dependant upon the state of the tide. The connecting walkways will not appear dominant elements at the distances from which they will generally be viewed from within the village, given that they are relatively lightweight structures, less than a metre deep and with an open structure tubular handrailing. Lighting will not be significant as it will only be necessary to illuminate the walkways for safety reasons during mooring operations. Access to the pier facilities for fishing vessels and small boat users can be maintained as it is proposed to remove rock and dredge from the tanker berthing area, and provision for other boat access can be made at that time.

Development Plan policy supports the maximization in the use of infrastructure facilities, and measures necessary to safeguarding of vital transport links, and in particular those associated with coastal shipping, which is considered to have both economic and environmental benefits. In this case, it is not considered that the visual impacts of the development or its consequences for the setting of Bruichladdich are of such magnitude, that they would outweigh the overall benefit to the islands in sustaining the continued use of the existing terminal as an affordable, safe and viable means of importing fuel in bulk.

Angus J Gilmour Head of Planning 22nd October 2003

Author: Peter Bain 01546 604082 Contact Officer: Richard Kerr 01546 604080

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 23

CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/01511/NID

2. Prior to the commencement of development, full details of the lighting scheme for the proposed development shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details. With the exception of any navigation lighting, illumination of the walkways between the mooring dolphins and the existing pier structure shall only take place during the berthing and sailing of vessels, and lighting along the walkways shall not be illuminated at other times.

Reason: In order to avoid unnecessary illumination to help minimise the impact of the development in the interests of visual amenity.

3. Prior to development commencing, details of the colour finish of the exposed sections of the mooring dolphins, the walkway structure and handrailing shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details and shall be retained as such thereafter.

Reason: In order to secure a recessive finish to help minimise the impact of the development in the interests of visual amenity.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 24

APPENDIX RELATIVE TO APPLICATION: 03/01511/NID

A. POLICY OVERVIEW

Argyll and Bute Structure Plan 2002

STRAT SI 1 – Sustainable Development

Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to:

a) maximise the opportunity for local community benefit; b) make efficient use of vacant and/or derelict brownfield land; c) support existing communities and maximise the use of existing service infrastructure; d) maximise the opportunities for sustainable forms of design, including energy efficiency; e) avoid the use of prime quality or locally important good quality agricultural land; f) use public transport routes fully and increase walking and cycling networks; g) avoid the loss of recreational and amenity open space; h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources; i) respect the landscape character of an area and the setting and character of settlements; j) avoid places where there is significant risk of flooding, tidal inundation, coastal erosion or ground instability and; k) avoid having an adverse effect on land, air and water quality.

STRAT DC 1 – Development within the Settlements

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

A) Within the Main Towns … 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 … 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 development 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.

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.

STRAT CP 1 – Coastal Transhipment Development

Coastal transhipment development on well chosen sites will be supported unless it is incompatible with:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 25

A) A particular settlement or edge of settlement location because of conflict with the settlement plan or with the capacity of that settlement to accommodate development; B) A particular coastal location because of the sensitivities of the coastscape or coastal ecology or significant conflict with other coastal use or natural heritage interest.

Islay, Jura and Colonsay Local Plan (1st Alteration) 1988

POL TR 1

The Council recognises the importance of the local plan area’s sea and air links and will strive to support their continued operation in providing a satisfactory standard of services. .

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

There is no relevant planning history for this application site.

(ii) Consultations

• National Air Traffic Services Ltd. (received 25.08.03) – No objections.

• Highlands & Islands Airports Ltd. (25.08.03) – No objections.

• Area Roads Engineer (28.08.03) – No objections.

• Scottish Natural Heritage (27.08.03) – No objections.

• Health & Safety Executive (29.08.03, 4.9.03 & 10.09.03) – No objections on public safety grounds. It is however noted that the development should be restricted to commercial/industrial use only as general public access to the pier would increase the sensitivity of the development. It is also noted that if the development proceeds then the terms of the explosives licence for this facility would require to be reviewed.

• Scottish Environment Protection Agency (15.09.03) – No objections.

• Kilchoman & Portnahaven Community Council (12.09.03) – Object to the proposal on the following grounds: visual impact of the development upon Bruichladdich; design of gantries; light pollution; effect upon access to pier by fishing boats and leisure craftand the future development of pier for small boats; the proposal may adversely affect local property values; the proposal will adversely affect the local economy; proposed pier extension could only be used by large vessels; more suitable alternatives enabling small vessels should be investigated.

(iii) Supporting Information

The Applicant has submitted supporting information (09.09.03 and 20.10.03) in response to objections and detailing the consideration of alternative schemes as follows:

Solid/breakwater extension to existing pier:

A solid extension of the pier would be at least as visually intrusive, if not more so, than the preferred scheme. The cost of a solid extension would be greater than the present proposal, particularly as the bedrock is very close to the surface and piles cannot be driven. Each pile would have to be socketted and secured at the base to generate the required toe resistance to overturning which would be an expensive means of construction. A solid structure might also generate problems with wave reflection that would be negated with the open structural form proposed.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 26

Installation of single point mooring:

The oil suppliers, Shell UK, have been consulted about the possibility of a single point mooring in the Loch. They have responded that this type of mooring is usually only employed for vessels over 30 000 tonnes. The teminal at Bruichladdich is to be served by vessels of around 3,000 – 4,000 tonnes. The vessels which would serve this facility are not equipped to use this type of mooring. This arrangement would require a submarine pipeline to link up to the shore facilities, with the attendant risk of pollution in the event of a sea bed pipe being ruptured. This presents a higher environmental risk than having a vessel berthed against the jetty which can be enveloped by an oil boom.

Installation of seaflex buoys:

The other types of mooring suggested, such as seaflex buoys, are directly comparable to the current system of working at the pier, and would not afford the degree of improvement to health and safety that Shell are seeking in the continued servicing of this facility.

Current proposal - installation of mooring dolphins with connecting walkways:

It is considered that the most cost effective and least intrusive solution has been selected. The walkway bridges would be as slender as possible and painted to reduce the visual impact. The continued safe access to the pier for the fishermen can be assured by dredging a channel to the north of the mooring dolphin.

The aesthetics of any scheme is subjective. The current pier at Bruichladdich is industrial, used for the import of fuel oils, coal, fertilizer and road chips. The future use of the pier will retain these facilities. Shell UK have indicated that tanker deliveries will remain at the current rate of once every three weeks, as the capacity of the tank storage at the Gleaner’s depot is the critical element to the timing of fuel deliveries.

It should also be noted that three years ago a feasibility study was undertaken to review fishing and leisure facilities at Bruichladich. As part of this exercise it became apparent that the existing berthing facilities for tankers were inadequate. Subsequent plans were prepared but due to lack of resources the proposals were shelved. Only recently, in light of Government proposals to ban single-hulled tankers, has it been deemed necessary that Bruichladdich Pier will require to accommodate the berhing of 90m long double hull tankers rather than the current 70m long single hulled vessels. It is considered that in order to sustain fuel supplies to Bruichladdich it is essential that the berthing facilities are upgraded. The proposal will not preclude future development work for the fishing/leisure industry being undertaken at the pier. However, there are no funding sources to undertake such works at present.

The Applicant has also submitted correspondence (received 21.10.03) from Shell U.K.Oil Products Ltd. This confirms that Shell will be unable to continue to make deliveries to the island using the existing berthing facilities after July 2004 or thereabouts, as the existing pier would be considered unsafe and not of a standard that is compatible with that of the size of modern, more efficient and environmentally safer ships.

It should also be noted that it is not possible to ship fuel in bulk to any other sites on the island as there are no harbours which would be capable of handling such vessels, and in any case the tank farm is already situated at Bruichladdich. In the event of Bruichladdich ceasing to be used by the current supplier, deliveries would require to be made by road tanker by the mainland ferry, as it is unlikely that any competitor would be prepared to consider using a terminal unsuitable by modern standards .

(iv) Publicity

The proposal has been advertised as a Notice of Intention to Develop in the Oban Times on the 28th August 2003. The notification period expired on 18th September 2003. To date letters of representation have been received from 56 persons in respect of the current proposal. Details of contributors are listed in Appendix A attached; the various issues raised are grouped together and summarised below:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 27

Procedure – notification, consultation, requirement for Environmental Assessment and, policies

• That neighbour notification was not served upon an adjacent residential property, ‘Pier House’ as per the requirements of Article 9 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992.

Comments: The property in question is outwith the notifiable distance and therefore there is no requirement for the Council as applicant to serve specific notice upon this property. (In any event, it should be noted that on the date the application was submitted this property was in the process of being renovated from a ruin and had not yet been occupied). The application has been publicised in the local newspaper by the Council as Planning Authority.

• That the Council has attempted to process the application in secrecy and only revealed the proposals at a meeting held two days prior to the publication of an advert in the Oban Times, thus giving the public only 23 days to submit representations to the current proposal.

Comments: The above-mentioned public meeting was organised by the Council as applicant in order to inform local residents of the proposals, and this meeting does not form part of the planning application process. The application was formally publicised on receipt, as per the requirements of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992, including publication of a Notice of Intention to Develop advert in the Oban Times on 28th August 2003. Such an advert requires a minimum public consultation period of 21 days prior to the determination of any such application. This period has been further extended in order to give members of the public an opportunity to comment on additional drawings supplementing the original application. Persons making representations in advance of these supporting details being received were notified by letter individually and afforded an opportunity to inspect the additional details and to comment further.

• That the current proposal may require an Environmental Impact Assessment under the Environmental Impact Assessment (Scotland) Regulations 1999.

Comments: The Environmental Impact Assessment (Scotland) Regulations 1999 set out those circumstances where developments are subject to either a mandatory requirement for environmental assessment, (Schedule 1 development), or where the requirement for environmental assessment is discretionary, (Schedule 2) development. This proposal to add new mooring dolphins and associated walkways to an existing pier does not constitute Schedule 1 development. Whilst the ‘construction of harbours and port installations’ is included in Schedule 2, it is subject to a qualifying threshold that ‘the area of the works exceeds 1 hectare’. That is not the case in this instance, and therefore the development does not require to be the subject of a formal ‘screening opinion’ as to whether environmental assessment should be required. (It should be noted that even if the development exceeded the threshold, this would only trigger the need for a ‘screening opinion’ and would not automatically result in a requirement for an environmental assessment to accompany the proposal. Only in circumstances where a proposal exceeds the threshold and involves ‘significant’ environmental effects - usually complex or inter- related environmental consequences - would environmental assessment be required).

• That the proposal is contrary to Objective SI 1 – Economic Objectives (d), Objective SI 2 – Environmental Objectives (c) & (d) and 2.4 1 the “polluter pays principle” as stated in the ‘Argyll and Bute Structure Plan’ dated September 2001.

Comments: It should be noted that the Structure Plan referred to is a draft version of the plan; the adopted plan being an amended version approved in November 2002. In any event, it should be noted that the objectives referred to reflect the Council’s general aspirations and the overall objectives of the Structure Plan rather than the approved policies. Policy STRAT 1 of the Argyll and Bute Council Structure Plan (2002) sets out the Council’s Policy context for achieving sustainable development and thus realising the afore-mentioned objectives.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 28

• That the proposal is contrary to POL SI 1 – Sustainable Development (c) and (i) as set out in the Argyll and Bute Structure Plan dated September 2001.

Comments: It is considered that the proposal is consistent with the aims of STRAT SI 1 of the Structure Plan, in that the economic requirements for the proposed development outweigh the adverse visual consequences of the development, whilst also maximising the use of existing infrastructure. The maintenance of a viable fuel supply to the island communities is key element in safeguarding the viability of, and supporting the economy of, peripheral communities.

• That the proposal is contrary to recommendation REC SI 3 – Argyll and the Isles Rural Development Area (c) and schedule 4 (11) as stated in the Argyll and Bute Structure Plan dated September 2001.

• That the proposal is contrary to STRAT DC 5 as stated in the Argyll and Bute Structure Plan dated September 2001.

Comments: It should be noted that the Structure Plan referred to is a draft version of the plan, the adopted plan being an amended version approved in November 2002. Policies STRAT DC 2 to STRAT DC 6 inclusive refer to land zoning which shall be designated and mapped as part of the forthcoming Argyll and Bute Local Plan. At present, no such zones are in effect, as the plan has yet to be approved by the Council as a draft for consultation purposes. It should also be noted that at present the application site does not lie within any area specifically designated for its scenic value.

That the proposal is contrary to recommendation REC CP 2 – Sea Fishing Interests (a) as stated in the Argyll and Bute Structure Plan dated September 2001.

Comments: The recommendations contained within the Structure Plan set out the framework on which the policies and proposals in the forthcoming Argyll and Bute Local Plan shall be based and are not policy requirements. It should also be noted that the Applicant has stated that the proposed development shall not adversely affect the interests of fishing vessels utilising Bruichladdich Pier.

Visual impact – of the structures upon and from Bruichladdich

• That the proposed development, which includes long stretches of metal walkways/gantries, would appear more like a modern oil terminal rather than a traditional West Highland pier, and as such is completely out of character with the settlement of Bruichladdich.

Comments: It is considered that the proposed installation of mooring dolphins and a connecting walkway will be viewed in the context of an existing industrial pier and will not appear incongruous in such a setting. The proposed structure has an open form with a metal walkways spanning between the existing pier and the columns forming the mooring dolphins on either side. These can be finished in a recessive colour appropriate to the backdrop of Loch Indaal. Whilst the development will change the overall appearance of the pier, it is considered that the general concerns with regard to the magnitude of the visual impact of the proposed development upon the setting of Bruichladdich have been overstated.

• That the proposed walkways/gantries will inevitably be floodlit during the hours of darkness, such a requirement is likely to result in light pollution having an adverse impact upon both the character and amenity of Bruichladdich.

Comments: The effect of lighting is a material planning consideration. In the event of permission being granted, in order to prevent unnecessary light pollution, it is recommended that planning conditions be imposed stipulating that the walkways may only

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 29

be illuminated when a vessel is berthed or during maintenance works, with the exception of any lighting required for navigation purposes. The applicant has confirmed that it is not proposed to floodlight the facility and that only low wattage pedestrian lighting sufficient to meet the statutory minimum requirement would be necessary for the safety of those using the walkways during mooring operations.

Natural heritage

• That the proposed development will have an adverse impact upon natural heritage interests in the locality.

Comment: Scottish Natural Heritage note that whilst there are natural heritage interests of some importance at this location it is considered that the current proposal would not threaten these interests.

Economy – fishing, tourism, guesthouses & distillery, property values

• That, by virtue of its visual impact, the proposal is likely to have an adverse effect upon the value of properties in the locality.

Comment: This is not a material planning consideration.

• That, in the event that local property prices decrease, it may be necessary for a reassessment of the rateable value on real estate within Bruichladdich.

Comment: This is not a material planning consideration.

• That the proposal, by virtue of its visual impact upon the settlement of Bruichladdich and the wider coastscape, is likely to have an adverse effect upon tourism and tourist related businesses within the locality of Bruichladdich, including Bruichladdich Distillery. It is anticipated that such a drop in tourism related industry would also have an adverse effect upon local employment.

Comment: It is the consideration of the Planning Department that concerns with regard to the visual impact of the proposal upon the setting and character of Bruichladdich have been somewhat overstated, and that the proposed development is unlikely to have any direct consequences for tourism or employment in the locality.

• That the proposed extension to the pier is likely to adversely affect the safety of small boats as in certain weather & tide conditions and would restrict safe passage of fishing boats and leisure craft to Bruichladdich Pier.

Comments: The applicant has stated that implementation of the current proposal shall not adversely affect navigable access to the existing pier for small vessels. (It should be noted that rock removal/dredging - not requiring planning permission – is to be undertaken and that this would provide for access around the new structure for small boats.

• That implementation of the current proposal would preclude any future development plans for the construction of improved facilities for fishing vessels and leisure craft at Bruichladdich Pier.

Comments: The Applicant has stated that implementation of the current proposal would not preclude further improvements to facilities for fishing/leisure craft at Bruichladdich, subject to funding being identified.

• That the current proposal shall only benefit Shell Oil Ltd. and bears little resemblance to previous schemes initially discussed with the Council’s former Transportation and Property Services and residents of Bruichladdich, which included provision of improved facilities for fishing/leisure craft.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 30

Comments: The Applicant has stated that at present there are no funding sources available to carry out works related to the improvement of fishing/leisure facilities at Bruichladdich.

Alternative schemes

• That the Council has not given adequate consideration to alternative schemes, including the use of floating buoys, a solid breakwater or an off-shore single point terminal, which would allow the berthing of 90m tankers but which would be more sympathetic to the character and appearance of Bruichladdich.

Comments: The Applicant has stated that alternative schemes have been considered but have been discounted on the grounds of health & safety, potential environmental risks, visual impact and cost.

Two letters of support have been received from Gleaner Oils Ltd., Milnfield, Elgin (17.09.03) and; Tim Epps, Port Charlotte, Islay (18.09.03). The issues raised are summarised below:

Gleaner Oil and Gas (17.09.03) state that they are the main users of the existing pier with approximately 20 vessel visits per annum. Gleaner Oils Ltd. receive in the region of 13,000 tonnes of products annually for the Shell Europe Oil Products terminal at this location. The proposed plans offer much improved mooring and berthing positions for all vessels, large or small and with the additional 1 metre of depth available. This gives vessels much improved flexibility and manoeuvrability potentially enabling docking through a larger tidal window than at present. Safe access to the mooring dolphins, as provided for by the proposed walkways is vitally important for the routine replacement of mooring lines and the less regular task of replacement of broken ropes. It is presumed that Health and Safety requirements will require that these walkways/dolphins be capable of being lit for access during the hours of darkness.

Tim Epps (18,09,03) states that his coal merchants business has utilised the pier since 1968, where up until the demise of the British coal industry in the 1980’s, 2,000 tonnes of coal were landed at Bruichladdich annually. After this, coal has had to be sourced from Poland and is delivered by much larger boats delivering a minimum of 1200 tonnes however, due to berthing difficulties at Bruichladdich such operations have ceased and coal is now imported to the island by road from Invergordon and Hunterston.

(v) Assessment

The proposal is for the installation of berthing dolphins and fender wall directly to an existing pier, and the installation of four offset mooring dolphins and a galvanised link walkway. The development is required to overcome the shortcomings of the existing wooden pier and the current berthing arrangements, and to meet health and safety requirements in order to be able to accommodate larger vessels, the requirement for which has been brought about by Government proposals to ban the use of single hulled oil tankers. Copies of submitted correspondence from Shell U.K. Oil Ltd. would indicate that unless the pier is suitably upgraded by July 2004, that the company would cease deliveries of fuel oils to the island using the current facilities.

The proposal comprises a new fender wall to the end of, and berthing dolphins immediately to the side of, the end of the existing pier. It is also proposed to install four offset mooring dolphins which would be attached to either side of the end of the pier by cranked walkways. The application also includes for associated dredging/rock removal to increase the depth of the pier to accommodate vessels with a deeper draft than at present. These works are to take place on the seabed below the MLWS and consequently do not require express planning consent. The details of the proposed works requiring consent are as follows.

The proposed berthing dolphins adjacent to the pier end are 2.3 metre diameter steel tubular monopiles with rubber fender panels, which are to be installed at approximately 3 metres and 7 metres away from the end of the existing pier. The dolphins are to be

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 31

connected to the existing pier by an 8 metre section of galvanised steel access walkway on either side, with a 1m high safety handrail. The proposed fender wall to the pier end would consist of twenty five, 0.45 metre diameter steel tubular piles with greenheart timber fenders. It is considered that the installation of this new fender wall and the adjacent berthing dolphins close in to the existing pier end, (which shall be the approximately the same height as the existing pier, some 2.8m above MHWS and 4.2m above MLWS) will not have any material consequences for the overall appearance of the pier as a whole.

The proposal also includes for the installation of four mooring dolphins, two on either side of the existing pier, at approximately 18 metres and 48 metres from the edge of the existing pier. The mooring dolphins will also be constructed of 2.3 metre diameter steel tubular monopiles installed in rock sockets to the sea bed, to an approximate height of 3.9m above MHWS and 5.8 above MLWS. The mooring dolphins would be connected to the main pier by 50 metre sections of galvanised steel access walkway with a 1 metre high safety handrail, which will be constructed on either side of the pier end, and cranked back to connect with the appropriate position of the outlying dolphins.

It appears that, in particular, the inclusion of these walkway ‘arms’ to either side of the pier, and parallel to the road frontage in Bruichladdich, has led to the significant public opposition to the proposal. The position and number of the mooring points required to safely secure the new generation of coastal tankers has dictated the position of the mooring dolphins. As these are some considerable distance off shore and from the pier, it is necessary to provide a walkway of minimum proportions to enable a crew member to safely access these locations. (The current arrangement of taking mooring lines to the shore is no longer tenable with larger vessels, as it places unacceptable stresses on the wooden pier structure). The proposed mooring dolphins and connecting walkway will be visible from the main road and the village frontage and will be an element in the views out over Loch Indaal. Consequently, it will have some impact upon the setting of the settlement of Bruichladdich as a whole. It should be noted however, that the proposed walkways will be some 95 metres out from high water mark, some 140 metres from the road, and further still from the properties on the shore-side of the road. Only ‘Pier House’ at the landward end of the pier itself will be within a 100 metres.

It is clear that the aged pier and the existing berthing arrangements at Bruichladdich are less than satisfactory, and whilst it has been possible to handle small coastal tankers up to now with rather makeship mooring arrangements, the available draught at the pier and the existing mooring facilities are not suitable to allow deliveries to continue using the new generation of larger double-hulled tankers. This deficiency can only be addressed by providing a mooring/discharge arrangement which meets current standards. Failure to upgrade the facilities would lead to the current supplier discontinuing deliveries by shipping, and if they were to continue to supply the island, all heavy oil/fuel oil would require to be delivered by road tanker, as is currently the case with petrol. This would be likely to have adverse consequences for the environment, for mainland ferry capacity, for fuel prices, and in turn, for the island economy.

Various options have been considered, including solid extension of the pier by means of a jetty, and remote discharge arrangements out in Loch Indaal. These have either been rejected on grounds of environmental impact, cost considerations, or for technical reasons in order to meet the stated requirements of the shipper. The chosen option will clearly have some visual impact upon the Bruichladdich waterfront and the views from the village out over the loch. However, it is considered that the objectors have somewhat overstated the magnitude of this impact, given the scale of the proposals, which are limited to the minimum necessary to provide secure mooring positions, and crew member access thereto. It is considered that the proposed solution will not have such an overwhelming

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 32

impact upon the setting of Bruichladdich to warrant refusal of the application, particularly given the need to provide facilities which will enable the continued coastal shipment of fuel oils to the overall benefit of the island communities.

Structure Plan Policy STRAT SI 1 states the principles that the Council shall adhere to in the determination of development proposals to meet the objectives of ‘sustainable development’. These principles include for the maximisation of the use of existing service infrastructure. Structure Plan Policy STRAT CP 1 and Local Plan Policy TR 1 stress the importance of sustaining vital transport links to the islands, other than in cases where other environmental considerations would militate against development proposals, and be in conflict with other relevant development plan policies. In this case, it is not considered that the visual consequences of the development are of such magnitude, that they would outweigh the overall benefit to the islands in sustaining the continued use of the existing terminal as an affordable, safe and viable means of importing fuel in bulk.

C. REQUIREMENT FOR AN INFORMAL HEARING

This is a local authority proposal that has been the subject of extensive third party representations. It is therefore appropriate that Members should hold an informal local hearing to enable interested parties to make representations verbally before any decision is reached. It would be intended to forward the minutes of such a hearing to the Scottish Executive once the application had been considered by Members, in order to assist in the decision as to whether this Notification of Intention to Develop (NID) application ought to be ‘called-in’ for determination by the Scottish Ministers.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 33

APPENDIX A – RELATIVE TO APPLICATION 03/01511/NID

LIST OF REPRESENTATIONS RAISING OBJECTION TO THE PROPOSAL

1 Adams Dougie Waterside 16.09.03 Cottage, Conisby, Bruichladdich, Islay 2 Anderson Lars C.A. 17 Cadogah 30.09.03 Square, London 3 Andrew David The Abbotsford, 15.09.03 & Bruichladdich, 17.09.03 Islay 4 Ardtalla Estates Ltd. 63A South Audley 10.09.03 Street, London 5 Bruichladdich Distillery Company Bruichladdich 08.09.03 & Ltd. Distillery, Islay 10.09.03 (by fax) & 12.09.03 (copy letter) & 12.09.03 & 21.10.03 6 Callow Joan & John Lochlea, 11.09.03 Bruichladdich, Islay 7 Campbell William J.M. The Lodge, 09.09.03 Bruichladdich, Islay 8 Clyde Fishermens Association PO Box 9261, 19.09.03 Campbeltown 9 Dowling C.B. 110 Home Park 15.09.03 Road, Wimbledon, London 10 Downham Fred Ivy Villa, 62 15.09.03 Chapel Street, Galgate, Lancaster 11 Dunlossit Estate Dunlossit Estate, 09.09.03 Estate Office, Knocklearach Farm, Ballygrant, Islay 12 Falconer R.E.R. & L.M. Caberfeidh, 09.09.03 Bruichladdich, Islay 13 Findlay K.H. Smithy House, 10.09.03 Bruichladdich, Islay 14 Fremont Limited PO Box 6193, 24.09.03 1211 Geneva 6, Switzerland 15 Gallimore R.J. Druimard, 12.09.03

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 34

Bruichladdich, Islay 16 Gillespie Susan & 1 Kingsway 08.09.03 (by Laura Avenue, e-mail) copy Newcastle Upon by letter Tyne & 39 10.09.03 Dowanhill Street, Glasgow 17 Grant Anne 16 Broomhill, 12.09.03 Bowmore, Islay 18 Greaves Tim 21 Hids Copse 30.09.03 Road, Cumnor 19 Hannett Mr & Mrs Kilnave Old 15.09.03 Schoolhouse, Gruinart, Islay 20 Inman Investment Management 4 Orinda Way, 15.09.03 Building D, Suite 150 Orinda, CA, USA 21 Islay Estates Company Estate Office, 11.09.03 Bridgend, Islay 22 Islay Marine Charters Eresaid, 12.09.03 Bridgend, Islay 23 Jackson George Shorefield, 05.09.03 Bruichladdich, Islay 24 Johnstone David Fairnielaw 12.09.03 House, Athelstaneford, North Berwick, East Lothian 25 Law Joy Curlew Cottage, 09.09.03 Bruichladdich, Islay 26 Lewis Meriwether F. Unknown 15.09.03 address 27 Loightman C.P.J. Berrystead 12.09.03 House, Berry End, Eversholt, Buckinghamshire 28 MacDonald Anne S. Anchorage, 09.09.03 Bruichladdich, Islay 29 McAfee Nigel Kentraw 17.09.03 Farmhouse, Bruichladdich, Islay 30 McAuslan D.H.C. Failte, 05.09.03 Bruichladdich, Islay 31 McMurdo Sybil & Mr The Old 19.09.03 Alastair Schoolhouse, Portnahaven, Islay 32 McNeill Rachel 17 Broomhill, 12.09.03 Bowmore, Islay 33 Newnham E.R. 27 Morden Hill, 19.09.03 London 34 Ogilvie Dr & Mrs Glencairn, 09.09.03 M.A. Bruichladdich, Islay 35 Page Robert E. 2 School Street, 15.09.03

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 35

Portnahaven, Islay 36 Parkin Sara (OBE) & 227a City Road, 22.09.03 Dr D. London & Main Maxwell Street, Port Charlotte, Islay 37 Prentice Jack & Myra Lochgorm House, 17.09.03 Bruichladdich, Islay 38 Reavey Jan Lorgba House, 10.09.03 Port Charlotte, Islay 39 Rennie Paul Anvil House, 03.09.03 West End, Port Charlotte, Islay 40 Rhinns Harbour Committee/ Springbank 09.09.03 & Bruichladdich Pier Action Group House, 12.09.03 & Bruichladdich, 22.09.03 (by Islay fax) & 22.09.03 (further letter by fax) & 24.09.03 (copy letter) & 24.09.03 (copy letter) & 06.10.03 (by fax), 08.10.03 (copy letter). 41 Roberts Peter Caberfeidh 09.09.03 Bungalow, Bruichladdich, Islay 42 Rochemont Fiduciaire S.A. P.O. Box 6193, 15.09.03 CH-1211, Geneva 6, Switzerland 43 Roper David A. 1021 Point West, 16.09.03 116 Cromwell Road, London 44 Rowland Mrs Kay Caladh na Sith, 11.09.03 Bruichladdich, Islay 45 Roy Mrs Gael Sgioba House, 10.09.03 Port Charlotte, Islay 46 Sellers John M Spring Bank 02.09.03 House, Bruichladdich, Islay 47 Sheldon Dr & Mrs KP, Pier House, 04.09.03 & Mr & Mrs R. Bruichladdich, 10.09.03 Islay – also 4 Station Road, Esholt, Shipley, West Yorkshire 48 Taylor Jane Bluehouses, 12.09.03 Bridgend, Islay 49 The Abbotsford The Abbotsford 16.09.03 B&B, Bruichladdich,

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 36

Islay 50 The Croft Kitchen The Croft 09.09.03 Kitchen, Port Charlotte, Islay 51 The Richard Kleinwort Consultancy Heaselands, 12.09.03 Group Isaacs Lane, Haywards Heath, West Sussex 52 The Weston Pension Fund Rants Farm, Old 11.09.03 Kiln Lane, Bolton 53 Timpson Mr N.G.L. & Blackrock House, 09.09.03 Lady Selina Bridgend, Islay 54 Wavo Properties, L.P. William A. 443 S.W. Sixth 16.09.03 Van Orsdel Street, Des Moines, IA, USA 55 Wood Dr Richard Coultorsay 09.10.03 House, Bruichladdich, Islay 56 Woodrow James 17 Burnside, 19.09.03 Bruichladdich, Islay

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301511NIDBRUICHLADDICHPIER0.DOC

Page 37 Page 38 Page 39

DEVELOPMENT SERVICES Local Member - Cllr. Bruce Robertson PLANNING APPLICATION REPORT Date of Validity - 08.09.03 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 05.11.03

16.10.2003 Reference Number: 03/01663/OUT Applicants Name: Forestry Commission Application Type: Outline Application Description: Erection of dwellinghouse Location: Barnluasgan, Bellanoch

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Construction of dwellinghouse; • Formation of vehicular access to classified road.

(ii) Other Aspects of the Development

• The curtilage of the proposed dwellinghouse includes an existing stone byre. The applicants have indicated their wish for this to be occupied as a domestic outbuilding should permission be granted for the new dwelling. (Such a use would benefit from permitted development rights upon first occupation of the dwelling, and therefore planning permission would not be required for this use).

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard outline conditions and reasons and the conditions and reasons overleaf.

This is an outline application for a single dwelling, with matters of detail being reserved for subsequent approval. The site lies to the rear of a group of roadside buildings at Barnluasgan on the B8025 Bellanoch – Tayvallich Road. The site includes a stone byre which has potential for use as an outbuilding in respect of the proposed dwelling.

The proposal is consistent with local plan Policy POL HO 13, which supports small scale infill, rounding off, or redevelopment in the countryside unless there are infrastructure, servicing or environmental constraints. As the site lies within the Knapdale National Scenic Area, it also has to be assessed in terms of the criteria set out in POL RUR 2 of the adopted Mid Argyll Local Plan, and in the light of the advice given on the siting of new dwellings in the countryside given in PAN 36. It is considered that a single dwelling closely related to the existing group of buildings would represent an appropriate enlargement of the existing group, which would not have adverse visual implications for the immediate locality or for the National Scenic Area as a whole. The development of the site will not impinge upon the privacy or amenity of the neighbouring dwelling, nor will it have any adverse consequences for nature conservation.

There are no objections from statutory or other consultees, or from third parties, with the exception of the North Knapdale Community Council. The Community Council objects to the proposal on the grounds that the site lies within a prominent undeveloped location, with nature conservation interests in the locality. It is suggested that development would pre-empt the new local plan and could encourage further development proposals locally.

I consider that the proposal is consistent with both the adopted and emerging local plans, in that it represents the marginal enlargement of an established group of buildings in the countryside, without giving rise to any adverse environmental consequences sufficient to warrant refusal of the application.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 40

Angus J Gilmour Head of Planning 21st October 2003

Author: Derek Hay Tel. 01546 604083 Contact Point: Richard Kerr Tel. 01546 604080

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 41

CONDITIONS AND REASONS RELATIVE TO APPLICATION: 03/01663/OUT

4. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: To enable the opportunity to identify and examine any items of archaeological interest which may be found on this site, and to allow any action required for the protection, preservation or recording of such remains to occur.

5. Any details pursuant to Condition (1)(a) above shall include a dwellinghouse of local vernacular design and of a similar scale and general appearance to the adjacent dwelling, and sited in close proximity to the existing byre:

i) with facing elevations to the public road finished in local natural stone, with other elevations to be wet dash render or natural stone or a mixture of both; ii) with a roof covering of natural slate, good quality artificial slate, and/or round profile corrugated sheeting; iii) of no greater than one and a half storeys in height, and of a similar scale to the adjacent dwelling; iv) incorporating a footprint and mass which does not dominate in scale or appearance the buildings in the adjacent group, but respects and contributes to the existing cluster; v) incorporating sash and case windows, or windows with a sash and case appearance, with a strong vertical emphasis; vi) a roof pitch of not less than 37 o and not greater than 42o; viii) which is predominantly rectangular shaped width traditional gable ends.

Reason: In the interest of visual amenity and in order to integrate the property within the cluster.

6. Any details pursuant to Condition (1)(c) above shall include a vehicular access, as indicated in the approved outline drawing, but providing:

i) visibility splays measuring 2.5 metres by 100 metres measured from the centre line of the proposed access, which shall be clear of all obstructions over 1 metre in height measured from the nearside metal portion of the adjacent road, and maintained as such thereafter from the first occupation of the dwelling; ii) a bellmouth to the access to be formed in accordance with the Council’s Highway Drawing No. G300 with the bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the existing carriageway edge and dropped kerbs to formed to the satisfaction of the Planning Authority, or as otherwise agreed in writing with the Planning Authority; iii) the gradient of the driveway shall not exceed 1 in 15 within 4.5 metres of the edge of the existing carriageway, and shall thereafter not be steeper than 1 in 7; iv) within the curtilage of the site a turning area and parking provision for 2 cars shall be provided to the satisfaction of the Council as Highway Authority. The parking and turning area shall be constructed and made available for use prior to the occupation of the dwellinghouse.

Reason: In the interests of road safety.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development ) (Scotland) Order 1992 as amended, (or any Order revoking and re-enacting that Order(s); nothing in Article 3 of or Schedule 1 to that Order, shall operate so as to permit any development referred to in Parts 1 and Classes 1, 2, 3 and 5 and in Part 2 and Classes 7 and 8 of the of the aforementioned Schedule 1, as summarised below:

PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 42

Class 1: The enlargement, improvement or other alteration of a dwellinghouse. Class 2: Any alteration including enlargement to the roof of a dwellinghouse. Class 3: The provision of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse or the maintenance, improvement or other alteration of such a building or enclosure.

PART 2: MINOR OPERATIONS Class 7: Gates, fences, walls and other means of enclosures.

No such development shall be carried out at any time within these Parts and Classes without the express grant of planning permission.

Reason: In order to prevent development occurring without due consideration through means of a planning application, in order to safeguard the visual qualities of the Knapdale National Scenic Area.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development ) (Scotland) Order(s) 1992, (or any Order revoking and re-enacting that Order(s), no windows, or roof-lights shall be inserted in the main south-east elevation and roof-plane of the existing byre within the application site without planning permission being sought and obtained in advance.

Reason: In order to prevent the insertion of glazed areas within the byre, which could prove to be detrimental to the privacy and amenity of the neighbouring residential property.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 43

APPENDIX RELATIVE TO APPLICATION : 03/01663/OUT

A. POLICY OVERVIEW

Mid Argyll Local Plan 1985, and First and Second Alterations 1989 and 1993

Policy POL HO 13 which supports small scale infill, rounding off, or redevelopment in the countryside unless there are infrastructure, servicing or environmental constraints.

The site is subject to policies RUR 1 and RUR 2 in view of its location within the Knapdale National Scenic Area. Policy RUR 2 states:

“Proposals for development in or affecting National Scenic Areas…will require to be justified against the following criteria: (a) environmental impact (b) locational/operational need (c) economic benefit (d) infrastructure and servicing implications.”

Within the emerging Argyll & Bute Local Plan, the land on the western side of the public road is identified as a Rural Opportunity Area, within which there is considered to be potential for small scale development, subject to it being sited in terms of the advice given in Planning Advice Note 36. .

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

03/00565/OUT – Outline application for a dwellinghouse on this site, but utilising the existing sub-standard access serving the present dwelling. This was submitted by the Forestry Commission on the 14.03.03 and then withdrawn on the 10.06.03 in the knowledge of the shortcomings of the proposed shard access.

(ii) Consultations

• Area Roads Manager (report dated 23.09.03): no objections subject to conditions stipulating the design and specifications of the access, its bellmouth and an achievable visibility splay of 2.5 by 100 metres in either direction. Parking and turning to be provided for two vehicles on site.

• Development Plans Manager (report dated 17.10.03): The site is consistent with Policies RUR 1 and 2 of the currently adopted local plan. It lies within a proposed Rural Opportunity Area in the draft Argyll & Bute Local Plan, and therefore a dwelling sited appropriately in terms of PAN 36 would also be consistent with emerging policy.

• Building Control Officer (report dated 17.09.03): no objections.

• Scottish Water (report dated 06.10.03): no objections but with advisory comments in relation to connection to public water supply.

• Scottish Environment Protection Agency (letter dated 29.09.03) : no objections, provided the drainage arrangements are to SEPA’s satisfaction, which in this case will be a septic tank and soakaway.

• Scottish Natural Heritage (letter dated 30.09.03): no objections, subject to being consulted at approval of ‘reserved matters’ stage.

• West of Scotland Archaeology Service (letter dated 17.10.03): no objections subject to a condition requiring, prior to development commencing, a programme of archaeological works being undertaken. This is in view of the site occupying part of a former abandoned

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 44

settlement. Such a condition would enable the relevant mitigation to be advised when any reserved matter application is lodged. If much ground disturbance is proposed then some pro-active investigations may be required but if it is minimal then perhaps something closer to a passive watching brief might be advisable.

• North Knapdale Community Council (letter dated 06.10.03): “Concern and objection was raised at our public meeting regarding this application. It is adjacent to SSSI and SAC sites, bound by planning regulations concerning such sites and their surrounding areas. It is in a prominent sensitive undeveloped location, highly visual at the approach to Knapdale Scenic Areas. It is outwith the Local Plan which should not be pre-empted. Permission could lead to attempts to develop the area further, contrary to current policy in the countryside and designations aforementioned.”

Comments:

The land and area to the east of the Bellanoch – Tayvallich road, in the vicinity of this site (which is to the west of the road), is within the Taynish and Knapdale Woodlands Special Area of Conservation, and also within a Site of Special Scientific Interest. Both these designatios relate to nature conservation particularly in relation to the flora within them. Scottish Natural Heritage have been consulted and have no objections to the proposal which lies outside of the protected area, as the proposal is not considered to have adverse implications for the protected interests.

The proposal is not, as suggested by the Community Council, contrary to the existing Mid Argyll Local Plan. POL HO 13 presumes in favour of small scale development in the countryside, especially as in this case, where it is rounding-off related to the existing built form. POL RUR 1 and RUR 2 seek to prevent proposals which would give rise to an adverse environmental impact upon the National Scenic Area. This proposal will not be environmentally damaging, given that it is only for a single dwelling in an appropriate location next to an existing group of buildings. The development will not have any significant consequences for the NSA. The visual implications of this proposal are addressed elsewhere in this report.

The granting of this application would not in itself set a precedent as to the likely acceptability of any other applications which might be received in the locality. The visual assessment under policy RUR 2 which has led me to recommend approval of this proposal, would tend to lead me to reject proposals for additional housing around this site; although in the event of further applications, these would need to be assessed on their merits in the light of the circumstances prevailing at the time.

(iii) Publicity

It has not been a requirement to advertise this proposal given that the surrounding land is owned/occupied by the Forestry Commission. Neighbour notification has been given to the one residential neighbour. No representations have been received other than from the Community Council as noted above.

C. ASSESSMENT

The application site is some 79m long by 22-33m deep set some 25m back from the road behind a traditional stone dwelling and its related barn. Within the site lies a large stone byre some 18m x 6m in area. These three buildings are so closely related physically (having been at one time functionally related) that they form a compact group of buildings which sit well within the landscape. There is ample room to accommodate a further dwelling which, if appropriately designed and constructed in similar materials, would relate well to, and constitute a marginal growth of, the existing group of buildings. The development would therefore satisfy local plan Policy HO 13 which presumes in favour of small scale development in the countryside, and encourages rounding-off related to the existing built form.

The location of the site in the Knapdale National Scenic Area requires the proposal to be assessed under the following POL RUR 2 criteria:

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 45

Environmental impact: in view of the relationship of this site to the existing group of buildings I consider that a further dwelling correctly positioned and in appropriate materials, would simply add to the existing group of buildings without, leading to any detrimental visual impact, or any adverse consequences for the amenity of the existing dwelling. The wider area which remains essentially open and afforested in character with only the occasional property well spaced apart. There are no nature conservation interests adversely affected by the proposal.

Locational/operational need: the application is not supported by such justification, but given there is not considered to be any adverse environmental impact, such justification is not required.

Economic benefit: none other than that associated with construction.

Infrastructure/Servicing implications: unlike the previous withdrawn application, the proposal now includes an acceptable means of vehicular access to the public road where the necessary visibility splays can be achieved. Drainage will be by way of septic tank and soakaway, with water from the public supply.

I consider that the proposal is consistent with policies RUR 1 and 2 of the Mid Argyll Kintyre and Islay Argyll Local Plan, and with the principles of PAN36 (Planning Advice Note 36 – ‘Siting and Design of New Housing in the Countryside’. Development of the site would also meet emerging policy in terms of the designation of part of the site as a Rural Opportunity Area within the draft Argyll and Bute Local Plan.

F:\MODERNGOV\DATA\AGENDAITEMDOCS\3\2\3\AI00010323\PLANNINGAPPLICATION0301663OUTBARNLUASGAN0.DOC

Page 46

This page is intentionally left blank Page 47 Page 48

This page is intentionally left blank Page 49 Argyll and Bute Council Agenda Item 9 Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01782/NMA Campbeltown Community Council 24/09/2003 08/10/2003 NOO Land Adjacent To Small Users Industrial Estate Bengullion Road Campbeltown Argyll Amendment to size shape and layout of building relative to 02/01240/DET - erection of sports changing facilities 03/01736/NMA Mr And Mrs Tuthill 17/09/2003 03/10/2003 NOO Land South West Of Creag A Mhadaidh Achnamara Lochgilphead Argyll Amendment to position of house no2 relative to consent 01/01425/DET - erection of two dwelling houses 03/01712/PNEL Scottish And Southern Energy 12/09/2003 03/10/2003 PDD Supply To Shepherds Cottage 11KV Overhead Line Port Charlotte Isle Of Islay Erection of new 11kv overhead line

03/01701/DET Mrs Valerie Haxton 11/09/2003 03/10/2003 PER Willow House Ardfern Lochgilphead Argyll PA31 8QN

Erection of garage

03/01693/WGS Forestry Commission Scotland 10/09/2003 08/10/2003 NOO High Constellation Woodlands Clachan Tarbert Argyll

Woodland Grant Scheme

03/01691/PNA Isobel A Callen 10/09/2003 03/10/2003 NOO Glennan Ford Lochgilphead Argyll PA31 8RH

Agricultural/garden shed

03/01690/DET Angus McFadyen 10/09/2003 08/10/2003 PER Land North Of Uragaig Cottage Isle Of Colonsay

Erection of extension to form residential annex to dwelling

03/01674/DET Malcolm John MacTaggart 09/09/2003 03/10/2003 PER Uiskentuie Farm Bridgend Isle Of Islay PA44 7PL

Erection of agricultural building

03/01664/DET David Livingstone 08/09/2003 30/09/2003 PER The Bungalow Stewarton Campbeltown Argyll PA28 6PG

Erection of garage

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 1 of 6 Page 50 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01662/TELN Scottish And Southern Energy Plc 11/09/2003 09/10/2003 NOO Claonaig Radio Station Skipness Tarbert Argyll

Installation of 2 x 0.6m dishes and 3 antennas and installation of a cabin 03/01656/NMA Crown Castle International Ltd 05/09/2003 06/10/2003 PER CCI Transmitting Station Blarantibert Bellanoch Lochgilphead Argyll Amendment to antennas relative to Consent 00/01578/DET - new 30m lattice tower and equipment cabin 03/01642/NMA Argyll And Bute Council 03/09/2003 23/09/2003 NOO Kinloch Park Kinloch Road Campbeltown Argyll

Amendment to siting of windshelter relevant to consent 02/01549/NID - windbreak/seating unit, landscaping and mini 03/01636/DET Catherine McSporran 18/09/2003 07/10/2003 PER 5B Glebe Street Campbeltown Argyll PA28 6JJ

Installation of replacement windows

03/01635/LIB Mrs C. McSporran 03/09/2003 07/10/2003 PER 5B Glebe Street Campbeltown Argyll PA28 6JJ

Installation of replacement windows

03/01633/DET The Congregational Board Of Ardrishaig Parish Church 28/08/2003 07/10/2003 PER Church Hall Tarbert Road Ardrishaig Lochgilphead Argyll

Demolition of existing church hall, erection of new church hall with link to church, new vehicular access and parking 03/01562/DET Philip Maxwell 21/08/2003 07/10/2003 PER Smaull Farm Gruinart Bridgend Isle Of Islay PA44 7PU

Use of building and extension to form dwellinghouse

03/01561/DET Mr And Mrs Hyndman 21/08/2003 24/09/2003 PER 9 Kilkerran Park Campbeltown Argyll PA28 6UG

Erection of conservatory

03/01556/DET Mr George Bevan 20/08/2003 06/10/2003 PER Plot 4 Monadh Nan Carn Ardfern Lochgilphead Argyll

Alterations to existing dwelling house including dormers and external stairway access to first floor

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 2 of 6 Page 51 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01541/OUT Mr John Olivant 18/08/2003 14/10/2003 PER Land At Upper Kilchattan Isle Of Colonsay

Erection of dwelling house

03/01514/PNA Laggan Farms 15/08/2003 06/10/2003 NOO Killinochonoch Farm Kilmichael Glassary Lochgilphead Argyll PA31 8QE Erection of an agricultural building

03/01505/DET Airwave MMO2 Limited 13/08/2003 07/10/2003 PER Ardlussa Inverlussa Craighouse Isle Of Jura PA60 7XW

Erect 20m lattice tower, antennae, cabin and ancillary equipment and associated trackway 03/01499/DET Crown Castle International 11/08/2003 19/09/2003 PER Land West Of Bay Lodge. 2 The Oa Port Ellen Isle Of Islay

Install a 1 metre high tower extension to existing mast, 3 no antennas, 2 no transmission dish, equipment cabin and 03/01497/DET Tyrone Stuart Kirk And Mrs Barbara Jane Kirk 12/08/2003 03/10/2003 PER Oatfield Farm Campbeltown Argyll PA28 6PH

Erection of general purpose agricultural building

03/01456/DET Mr And Mrs M Cummings 04/09/2003 07/10/2003 PER Lintmill Croft Bridgend Isle Of Islay PA44 7PG

Proposed first floor extension and alterations to ground floor of dwelling 03/01453/TELN Airwave Mmo2 06/08/2003 06/10/2003 PER NTL Tranmitting Station Inveraray Argyll

Installation of additional antennas and 2 microwave dishes to existing telecommunications tower 03/01450/DET Jean Gillies 29/08/2003 25/09/2003 PER 4 Ardloch Cottages Glenburn Road Ardrishaig Lochgilphead Argyll PA30 8EU Formation of vehicular access to classified road

03/01445/DET Rob Sheldon 05/09/2003 07/10/2003 PER Pier House Bruichladdich Isle Of Islay

Proposed reinstatement of dwelling house

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 3 of 6 Page 52 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01420/PNA D W Semple And Son 04/08/2003 24/09/2003 NOO Rhonadale Carradale Campbeltown Argyll PA28 6QY

Provision of an above ground slurry store

03/01417/DET Mr And Mrs A Casci 04/08/2003 22/09/2003 PER Belmont Lady Ileene Road Tarbert Argyll PA29 6TU

Replacement of existing chalet and with new ancillary residential accommodation 03/01406/DET Mr And Mrs G Casey 25/08/2003 25/09/2003 PER Land Adjacent To Ballymeanoch Cottage Kilmichael Glassary Lochgilphead Argyll Proposed dwelling, formation of access to classified road and private sewage tratment plant 03/01404/DET Eurus Energy UK Ltd 30/07/2003 08/10/2003 PER Largie Tayinloan Tarbert Argyll PA29 6XG

Erection of 50m wind monitoring mast

03/01403/DET Eurus Energy UL Ltd 30/07/2003 08/10/2003 PER Largie Tayinloan Tarbert Argyll PA29 6XG

Erection of 50m wind monitoring mast

03/01402/DET Eurus Energy UK Ltd 30/07/2003 08/10/2003 PER Largie Tayinloan Tarbert Argyll PA29 6XG

Erection of 50m wind monitoring mast

03/01395/DET Adrian And Alison Clements 29/07/2003 24/09/2003 PER Cottage At Holiday Park Muasdale Tarbert Argyll PA29 6XD

Alteration and extension of existing dwelling

03/01392/DET Mr And Mrs Trevor Davies 29/07/2003 24/09/2004 PER Low Peninver Farm Peninver Campbeltown Argyll PA28 6QP

Demolition of existing shed, erection of new bungalow, garage and septic tank. 03/01369/DET Mr K Brown 07/08/2003 24/09/2003 PER Caledonia Lodge , Tormhor Carradale Campbeltown Argyll

Retrospective application for domestic garage

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 4 of 6 Page 53 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01360/GDC Innology 17/07/2003 08/10/2003 NOO Hydroelectric Generating Scheme At Douglas Water Inveraray Argyll Construction of Hydro Electric Generating Scheme

03/01349/ADV R A Clement Associates 27/08/2003 30/09/2003 PER Lochgilphead Cafe 1 Argyll Street Lochgilphead Argyll PA31 8LZ Non illuminated gable mounted sign

03/01343/DET Iain Hood 04/09/2003 07/10/2003 PER Flat 4 26 Main Street Campbeltown Argyll PA28 6AE

Installation of replacement windows

03/01283/DET Mr P Brown 22/07/2003 03/10/2003 WDN The Weaver's House Achnamara Lochgilphead Argyll

Erection of dwelling house

03/01266/VAR Mr Rod Angus 22/07/2003 24/09/2003 PER Witchburn Hospital West Witchburn Road Campbeltown Argyll

Variation of condition 3, opening hours, and condition II, landscaping relative to planning consent ref: 03/00022/COU 03/01256/PNA G And J Archibald 21/08/2003 30/09/2003 NOO Bunanuilt Gruinart Bridgend Isle Of Islay PA44 7PW

Erection of agricultural building

03/01189/DET Kevin Murphy 08/09/2003 03/10/2003 PER Plot 2 Livingstone Way Port Ellen Isle Of Islay PA42 7EP

Erection of dwelling house

03/01188/DET Alana Morrison 08/07/2003 30/09/2003 PER Bonawe Barmore Road Tarbert Argyll PA29 6TT

Alterations and extensions to dwelling house and erection of garden room and shed 03/01172/DET Southend Community Council 25/06/2003 03/10/2003 PER Dunaverty Village Hall Southend Campbeltown Argyll

Demolition of existing hall and outbuildings and erection of new community hall, access, parking and drainage.

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 5 of 6 Page 54 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01171/DET Mull Of Kintyre Art Club 26/08/2003 30/09/2003 PER 10 Longrow South Campbeltown Argyll PA28 6AH

Change of colour to shop front

03/01165/DET Diane Joan Steele 23/06/2003 08/10/2003 PER Plot 1 Land North East Of Corranbeg House Ardfern Lochgilphead Argyll Erection of dwelling, installation of septic tank and improvment to private road 03/01149/OUT Iain And Neil Kirkpatrick MacCallum 13/06/2003 22/09/2003 PER Land South Of Lagavullin, Whitehouse Whitehouse Tarbert Argyll Erection of two dwellinghouses

03/01029/LIB D Clark 10/06/2003 25/09/2003 PER George Hotel Main Street East Inveraray Argyll PA32 8TT

Demolition of existing stores and erection of staff accommodation and revision of parking 03/00555/LIB Mr A Colls 20/03/2003 14/10/2003 PER Achnaha Clachan Tarbert Argyll PA29 6XL

Formation of peaked roof over existing attached garage

03/00427/FELLI Forestry Commission 05/03/2003 06/10/2003 NOO Bardaravine Wood Tarbert Argyll

Felling of trees at Bardaravine Wood

PER=APPROVED WDN=WITHDRAWN NOO=NO OBJECTIONS AAR=APPLICATION REQUIRED CGR=CERTIFICATE GRANTED OBR=OBJECTIONS RAISED PDD=PERMITTED DEVELOPMENT PRE=PERMISSION REQUIRED NRR=NEW APPLICATION REQUIRED

16 October 2003 Page 6 of 6 Page 55 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

02/01976/ER Mr And Mrs Joseph Brown 05/12/2002 18/12/2002 19/09/2003 WARAPP

Alteration and extension to former farm cottage to form new dwellinghouse and installation of septic tank and erection of oil Garvachy Cottage Oatfield Campbeltown Argyll

03/00194/ST Highlands And Islands Airport Inverness 05/02/2003 07/02/2003 02/10/2003 WARAPP

Alterations and extension to airport terminal building final stage - drainage, external walls, internal walls and their linings, roof, Islay Airport Glenegedale Port Ellen Isle Of Islay PA42 7AS

03/00816/MT Ronald Allan Bowe 06/05/2003 16/05/2003 30/09/2003 WARAPP

Alterations to widen gateway, install oil fuel tank in garden and install chimney/flue on south roof plane Seacliff Cottage Glenburn Road Ardrishaig Lochgilphead Argyll PA30 8EU 03/01045/CO Mull Of Kintyre Art Club 10/06/2003 27/06/2003 15/10/2003 WARAPP

Change of use from restaurant to arts/craft gallery

10 Longrow South Campbeltown Argyll PA28 6AH

03/01076/ER W Galbraith And R Kay 12/06/2003 27/06/2003 09/10/2003 WARAPP

Erection of a 5 apt timber framed dwelling house with attached double garage Land East Of High Smerby Peninver Campbeltown Argyll

03/01217/EX Mr And Mrs Thomas 30/06/2003 10/07/2003 02/10/2003 WARAPP

Single storey rear extension to form additional bedroom and bathroom and removal of outside toilet and store 35 Bay View Port Wemyss Portnahaven Isle Of Islay PA47 7SU 03/01223/ER Messrs MacIntyre 30/06/2003 09/07/2003 14/10/2003 WARAPP

Erection of steel framed general purpose agricultural building

Glenehervie Southend Campbeltown Argyll PA28 6RF

03/01343/ER David Johnston 18/07/2003 30/07/2003 19/09/2003 WARAPP

Erection of a 1 and a half storey 5 apartment timber framed dwelling house: Stage 1 - all works excepting communal Site A Glassard Scalasaig Isle Of Colonsay

03/01369/EX Mr McInnes 23/07/2003 30/07/2003 06/10/2003 WARAPP

Rear extension to form an unheated conservatory

9 Range Road Campbeltown Argyll PA28 6LL

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 1 of 6 Page 56 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01432/ER Mr And Mrs Armour 29/07/2003 12/08/2003 10/10/2003 WARAPP

Erection of a 4 apt timber framed single storey dwelling house

18 Kilkerran Park Campbeltown Argyll PA28 6UG

03/01437/AL Margaret McGregor 31/07/2003 05/08/2003 02/10/2003 WARAPP

Alterations to kitchen to reduce size and form new bathroom and utility room Flat 2 2 Kirk Street Campbeltown Argyll PA28 6BL

03/01438/EX Mr And Mrs A McCuish 31/07/2003 26/08/2003 10/10/2003 WARAPP

Estension to dwelling to form single storey timber framed lounge, utility and shower room and form new opening yo Bruiland Skipness Tarbert Argyll PA29 6YG

03/01441/ER M And K MacLeod 04/08/2003 13/08/2003 01/10/2003 WARAPP

Erection of a 4 apt timber framed dwelling house

11 Pipers Road Cairnbaan Lochgilphead Argyll PA31 8UF

03/01442/MT Mr And Mrs S Adams 04/08/2003 27/08/2003 23/09/2003 WARAPP

Alterations and refurbishment to existing dwelling

Auchanuilt Torrisdale Campbeltown Argyll PA28 6QT

03/01486/MT Helen And Alasdair Gillies 07/08/2003 28/08/2003 22/09/2003 WARAPP

Demolition of existing rear porch and traditional built single storey rear extension to dwelling house 89 Main Street Bowmore Isle Of Islay PA43 7JH

03/01488/AL Mr And Mrs D Thomson 08/08/2003 28/08/2003 08/10/2003 WARAPP

Alterations to derelict house and erection of garage and installation of septic tank and associated piped irrigation Ardnave House Gruinart Bridgend Isle Of Islay

03/01489/AL A MacLachlan 14/08/2003 02/09/2003 08/10/2003 WARAPP

Alterations to form vestibule and extension to front to increase hallway 18 Beech Avenue Bowmore Isle Of Islay PA43 7HT

03/01503/ER Mr And Mrs K. Greetham 12/08/2003 03/09/2003 14/10/2003 WARAPP

Erection of a 6 apartment timber framed single storey dwellinghouse Adjacent Seaside Cottage, Low Askomil Low Askomil Road Campbeltown Argyll

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 2 of 6 Page 57 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01504/CO Petra Pearce 12/08/2003 02/09/2003 06/10/2003 WARAPP

Change of use of farm building to form two bedroom dwelling house and installation of septic tank Sanaigmore Farm Gruinart Bridgend Isle Of Islay PA44 7PT

03/01518/ER Heather Cameron 15/08/2003 03/09/2003 15/10/2003 WARAPP

Erection of timber framed 4 apt dwelling house

Plot 6 Crackaig Bay Craighouse Isle Of Jura

03/01573/EX G MacIndeor 25/08/2003 26/08/2003 23/09/2003 WARAPP

Extension to dwelling house and installation of external oil fired boiler and 1200ltr oil storage tank 1 Upper Glenfyne Park Ardrishaig Lochgilphead Argyll PA30 8HH 03/01596/AL Pollock And Currour Ltd 29/08/2003 09/09/2003 22/09/2003 WARAPP

Alteration and extension to dwelling to enlarge kitchen, relocate bathroom and form rear bedroom Gartnagrenach Lodge Whitehouse Tarbert Argyll PA29 6XS

03/01621/MT MacTaggart Community 02/09/2003 09/09/2003 24/09/2003 WARAPP

Demolition of exisitng single storey lean to from East gable and erect new extension to form computer study and reception Cyber Cafe Mansefield Place Port Ellen Isle Of Islay PA42 7BJ 03/01633/AO Mr And Mrs Rankin 04/09/2003 17/09/2003 08/10/2003 WARAPP

Erection of conservatory - amendment to heat conservatory and form bathroom adjacent to front door Te Anau Kilkerran Road Campbeltown Argyll PA28 6JN

03/01650/AL M And K MacLeod 09/09/2003 10/09/2003 19/09/2003 WARAPP

Alterations to workshop building to form enlarged opening

Unit 1 Kilmory Industrial Estate Kilmory Lochgilphead Argyll

03/01651/AL Kay Paterson 09/09/2003 11/09/2003 02/10/2003 WARAPP

Alterations to house to form attic accommodation and erection of oil tank Braeface Kilmichael Glassary Lochgilphead Argyll PA31 8QA

03/01656/AL Margaret M Kennedy 10/09/2003 18/09/2003 02/10/2003 WARAPP

Alteration to East gable to form window opening to living room

29 Stanalane Bowmore Isle Of Islay PA43 7LA

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 3 of 6 Page 58 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01676/AL A Brough 12/09/2003 16/09/2003 19/09/2003 WARAPP

Alterations to form patio doors to lounge

Larach 7 Dun Mor Avenue Kilmory Lochgilphead Argyll PA31 8TP 03/01694/ER M And K Macleod 16/09/2003 18/09/2003 08/10/2003 WARAPP

Erection of a 4 apartment timber framed dwelling house

Plot 8 Pipers Road Cairnbaan Lochgilphead Argyll

03/01721/AO Mr And Mrs Mungo Sinclair 18/09/2003 22/09/2003 02/10/2003 WARAPP

Alterations to existing dwelling house.- Amendment to Building Warrant 01/01529/ALT, granted 28.11.01 - Alterations to Inverleckan Furnace Inveraray Argyll PA32 8XN

03/01724/AL Mrs A. Porter 19/09/2003 23/09/2003 23/09/2003 WARAPP

Installation of a wet floor area and shower unit to the downstairs WC for the benefit of a disabled person 67 Kirk Street Campbeltown Argyll PA28 6BN

03/01726/AO Mr And Mrs Brian Lieshman 19/09/2003 06/10/2003 08/10/2003 WARAPP

Alterations to form one dwelling from two flats - Amendment to warrant: 03/0133/ALT granted 24 June 2003 - Alter stair, Marchwood Glenramskill Campbeltown Argyll PA28 6RD

03/01738/AO Wm And Chrissie Angus 22/09/2003 25/09/2003 06/10/2003 WARAPP

Erection of a 6 apartment timber framed bungalow and installation of septic tank - Amendment to Warrant Land South West Of Easter Ellister Port Charlotte Isle Of Islay 03/01740/CO Duffie And Roberta MacNeill 22/09/2003 23/09/2003 24/09/2003 WARAPP

Change of use of shop and store to bar and toilets

Lochside Hotel Shore Street Bowmore Isle Of Islay PA43 7LB

03/01742/ER Mr And Mrs Peter Smith 22/09/2003 23/09/2003 02/10/2003 WARAPP

Erection of an oil-fired storage tank

3 Tormhor Carradale Campbeltown Argyll PA28 6SD

03/01745/MT Mr And Mrs M Taylor 22/09/2003 24/09/2003 15/10/2003 WARAPP

Removal of porch, erection of oil tank, render to gable elevations, wood burning stove, demolish existing chimney Carnasserie Bungalow Kilmartin Lochgilphead Argyll PA31 8RQ

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 4 of 6 Page 59 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01753/AO Mr J Chisholm 23/09/2003 23/09/2003 23/09/2003 WARAPP

Erection of dwellinghouse, garage and septic tank, Amendment to Warrant 02/01438/ERD granted 28.11.02 to alter roof Land West Of Achnashellach Lochgilphead Argyll

03/01754/AL B Baxter 23/09/2003 06/10/2003 08/10/2003 WARAPP

Alteration and extension to form utility room and conservatory on ground floor and additional two bedrooms in attic Arran View Ardnacraig Avenue Campbeltown Argyll PA28 6JP

03/01755/AL Anne Law 23/09/2003 23/09/2003 08/10/2003 WARAPP

Install new window in gable end of house

Craigard West Bank Road Ardrishaig Lochgilphead Argyll PA30 8HB 03/01767/AL Mr And Mrs L MacDonald 25/09/2003 06/10/2003 15/10/2003 WARAPP

Proposed alterations and improvements to enlarge kitchen, form downstairs bedroon (en-suite), alter living room, relocate Arch Cottage Lennox Street Port Ellen Isle Of Islay PA42 7BW 03/01775/ER Duncan A. Crawford 30/09/2003 01/10/2003 01/10/2003 WARAPP

Erection of an oil storage tank

25 Brodie Crescent Lochgilphead Argyll PA31 8NW

03/01779/AL Mr And Mrs Stitchell 30/09/2003 01/10/2003 01/10/2003 WARAPP

Alterations to house to form special needs toilet and shower room to the ground floor store under the staircase for the 4 Woodend House Ballygrant Isle Of Islay PA45 7QR

03/01785/ER Barbara Ewen 30/09/2003 02/10/2003 08/10/2003 WARAPP

Erection of an oil storage tank

22 Fernoch Drive Lochgilphead Argyll PA31 8PZ

03/01801/AL Mrs Lesley Scott 02/10/2003 06/10/2003 06/10/2003 WARAPP

Proposed formation of new shower room

Vharda Mhor Tarbert Argyll

03/01802/AO Dr And Mrs Ann Norrie 02/10/2003 06/10/2003 08/10/2003 WARAPP

Change of use and alterations of former hotel to form dwellinghouse and alteration and extension to form domestic Balegreggan Country House Balegreggan Road Campbeltown Argyll PA28 6NN

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 5 of 6 Page 60 Argyll and Bute Council BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE MID ARGYLL, KINTYRE AND ISLAY

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

03/01828/AL John MacDougall 07/10/2003 07/10/2003 08/10/2003 WARAPP

120cm x 30cm blockwork on window 1 2 3 to be in line with lounge window and fit tilt/turn windows Ardglass Garval Road Tarbert Argyll PA29 6TR

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn LETTER=Letter of Comfort EXEMPT=Exempt Building Warrant SUPERS=Superceded by new Building Warrant 16 October 2003 Page 6 of 6 Page 61 Agenda Item 10 ARGYLL AND BUTE COUNCIL ALL AREA COMMITTEES

DEVELOPMENT SERVICES

REPORT ON BUILDING CONTROL PERFORMANCE MONITORING AND SIX MONTHLY SERVICE PLAN PROGRESS COUNCIL WIDE AND DECENTRALISED AREA TEAMS

FROM HEAD OF PLANNING

1. SUMMARY

1.1 This paper outlines Building Control half yearly performance with respect to processing building warrant and completion certificate applications in accordance with the requirements of Audit Scotland, which are detailed in Appendix 1.

1.2 The paper also compares and contrasts the performance of the four area teams, gives the overall average for the six month period in 2002 and 2003 (2003 figures shown in bold) and lists the agreed Council targets.

1.3 In accordance with the Council’s Performance Management and Planning reporting framework this paper provides an update on service plan commitments/action plans and customer feedback reviews for Building Control

2. RECOMMENDATION

2.1 Members note the content of the report.

2.2 Members note progress on service plan commitments and stakeholder consultations.

3. BACKGROUND

3.1 Members are aware that performance indicators were first introduced for Building Control in financial year 1997/98.

3.2 For financial year 2002/3 Audit Scotland changed the basis of the performance indicators to better reflect percentage achievement within Building Control authorities as set out in Appendix 1 to this report.

3.3 The following table compares the workloads and performance of the area teams and the overall council achievement against the Audit Scotland requirements over the same six- month periods of years 2002 and 2003. The measured items however relate only to part of Building Control as no indicators have yet been introduced to show performance in such matters as site inspections, pre-application discussions, enforcements, dangerous buildings and other such matters.

3.4 Numbers of applications generally have increased a further 14% on the same period last year and it should be remembered that the last annual performance report showed applications for 2002 numbering 1841 an increase of 21% on the 2000 level of 1522.

3.5 Despite limited resources, the devolved nature of the service and an unpredictable pattern of development it can be seen that each of the diverse areas has contributed substantially to the Council’s achievement of again meeting the targets set by Audit Scotland.

f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc AREA TEAM COMPARATIVE PERFORMANCESPage 62 1st April to 30th September 2002 and2003 Area No. of Warrants No. of Completions % Age response Average days response % Age issue within % Age issue Rec’d. / Issued Rec’d. / Issued within 15 days to Completion 6 days within 3 days Certificates Bute & 184 181 105 105 92% 81% 1.95 2..13 82% 93% 69% 80% Cowal 230 188 104 104 Helensburgh 210 211 109 107 60% 72% 2.52 3.56 73% 90% 83% 93% & 200 157 133 133 Lomond Mid Argyll 220 218 185 185 81% 93% 1.44 1.32 80% 95% 89% 82% Kintyre/Islay 266 180 168 168 Oban, Lorn & 241 240 101 101 95% 87% 2.71 4.23 95% 90% 97% 96% Isles 280 206 110 110 All 855 850 500 498 82% 83% 2.16 2.69 83% 92% 85% 83% 976 731 515 515 Target 80% 85% 3 3 80% 85% 80% 85%

*2003 figures shown in bold.

3.6 Appendix 1 to this report sets the requirements of the Scottish Executive and Audit Scotland and clearly defines meanings for the actions and times. Audit Scotland has not specified a target number of days for a response to a completion certificate preferring to accept the statutory requirement that an application for a completion certificate be determined within 14 days and requiring that 80% be issued within 3 days. The geography of Argyll and Bute therefore is a major constraint and causes additional expense in achieving statutory requirements with limited resources to produce “best value”. The acceptance last year of a period of 3 days as the targeted average response has proved to be correct.

3.6.1 Bute and Cowal area offices successfully responded to 81% of applications within 15 days, building warrant applications increased to 230,up 25%, with applications for and issue of completion certificates remaining almost the same, when compared to the same period last year. The average number of days to respond to an application for Completion Certificate increased to 2.13 and is explained by the increased number of applications for warrant requiring a greater allocation of resources of time and manpower. The increased percentage of warrants issued within 6 days after all available information to allow determination, (93%) and the increased percentage of completion certificates issued within 3 days, (80%) is a result of better use of manpower and improved communication, which matters were highlighted as a problem area in last year’s report.

3.6.2 Helensburgh and Lomond area office received a slightly lower number of applications for building warrant, (200), but a substantially increased number of applications for completion certificate, (133), numbers of warrants issued during the period were reduced but completion certificates applied for and issued increased by some 24%. The percentage response to a building warrant application was raised to 72% from 60%, due in the main to the replacement building control officer resource, this is below the Council target of 85% due to the high number of site visits associated with certain of the current applications. The increase in the average number of days to respond to an application for completion certificate can be explained by the increase affecting previously programmed work tasks. The increased percentage in both warrants issued within 6 days, (90%) and completions within 3 days, (93%) can be explained by improvements in administrative processing within the area team.

3.6.3 Mid Argyll, Kintyre and Islay offices in Ardrishaig and Campbeltown received 266 applications for building warrant, an increase of 21%, with applications for and issues of completion certificates reduced by some 9%, when compared to the same period last year. Staff has successfully responded to 93% of applications within 15 days and reduced the average number of days to respond to a completion certificate application to 1.32 days. The percentage of warrants issued within 6 days has improved to 95% but there has been a reduction to 82% in the percentage of completion certificates issued within 3 days, explainable by greater resource demands from an increase in warrant applications.

f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc Page 63

3.6.4 Oban, Lorn and the Isles continue to exceed both Council and Audit Scotland targets by achieving 87%response to building warrant applications within 15 days. Although this is an apparent reduction from the previous year the number of applications increased to 280, or 16% on the previous year with applications for and issue of completion increasing to 110 or some 9%. The increased average number of days to respond to an application for completion certificate of 4.23 days is an indication that with current resources concentration on one part of the building control service is at the expense of others.

3.6.5 Argyll and Bute as a whole has received an increase of 14% in building warrant applications, to 976, and an approximate 3% increase in applications for and issue of completion certificates, to 515, compared to the first 6 months of last year. The percentage of applications responded to within 15 days is comfortably above the Audit Scotland requirement of 80% but does not meet the Council aspiration of 85%. The increased average number of days to respond to a completion certificate request can be offset against the increase in applications for warrant but is still within the council’s aspirational target. The percentage of building warrants issued within 6 days exceeds both Audit Scotland and Council targets and although the average percentage of completion certificates issued within 3 days exceeds Audit Scotland it fails to meet the Council target of 85%. Similarly to Warrants the numbers of completion certificates issued over the same period were slightly greater at 427. It is projected that the numbers of building warrant applications for the year 2003/4 will be of the order of 2000.

3.7 Each area office has a variable workload and this table is a reflection of the period from 1st April to 30th September.

3.8 The national performance figures required by Audit Scotland show only part of the story and therefore broad interpretation masks the diversity of the offices, areas, travelling, inspection regimes and staffing resources.

4 SERVICE PLAN PROGRESS AND STAKEHOLDER CONSULTATION

4.1 In the current service plan there are three main items for attention by Building Control, as follows:-

(i) Implementation of Uniform 7 Spatial – The move to version 7 of the software for Building Control took effect from 01/08/03. Minor difficulties have been addressed since that time but the move to this version appears to have been the least problematic of all such upgrades of the system so far undertaken. It does however appear that all of the benefits of this upgrade may not be achieved because of infrastructure restrictions between area offices and central servers.

(ii) Electronic Delivery of Building Control Services – With successful application of the Planning weekly lists on the web a similar format has been submitted for weekly Building Warrant application lists and these should be made available “on line” shortly. It is furthermore intended that down-loadable application forms will be made available until fully “interactive” on-line forms are available but this proposal is likely to be at least 2 years away.

(iii) Greater Involvement in Section 23 Licensing Certificates - A consultation paper has been submitted to the Head of Legal Services and dates for a meeting are awaited. Thereafter a joint report will be submitted to both Licensing Boards.

4.2 Preparations have been made and consultations carried out for the first of our open sessions with agents wishing further clarification on particular problem areas of the Building Regulations The first of these is likely to be Dunoon in December 2003 or January 2004. Customer satisfaction questionnaires continue to be issued with warrant approvals and the current rate of satisfaction with the Building Control Service is 98%.

f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc Page 64 5. CONCLUSION

5.1 Availability of appropriate staff resources at all and every stage of warrant and completion certificate processing is essential to meeting both statutory performance targets and customer satisfaction. Overall the service is performing to the targets set by Audit Scotland.

6. IMPLICATIONS

Policy In accordance with “Best Value” objectives

Financial: Additional funding for staff resources may be required if the service is to be improved

Personnel: Additional building control resources will be required if members desire further reduction in processing times and to better regulate the outcomes from the four area offices. Additional resources will allow for the better management of periods of staff vacancy. Equal Opportunity: None

Angus Gilmour Head of Planning Development Services

06.10.03 ACW/BC For further information Contact Gary Wilson Building Control Manager.

f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc Appendix 1 Page 65

Building Warrant and Completion Certificate Applications Indicator 1: Building warrants and completion certificates. a) The percentage of requests for a building warrant responded to within 15 days. b) The average time taken to respond to a request for a completion certificate. c) The percentage of building warrants issued (or otherwise determined) within 6 days. d) The percentage of completion certificates issued (or otherwise determined) within 3 days.

Definitions The Scottish Executive has set national targets for the times to deal with building warrants and completion certificates. The new national targets are that: • 80% of applications for building warrants should be responded to within 15 days • the time to respond to a request for a completion certificate will continue to be the average time (working days). • 80% of building warrants should be issued within 6 days 80% of completion certificates should be issued within 3 days. (Part a) The time to respond to a request for a warrant is the period from receipt of a valid application by the council to the date of response to the applicant, which may include: • issuing or refusing the warrant (warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should be recorded under this part of the indicator with the first response being the date of issue of the warrant. Part c) of the indicator has been amended to reflect this). • informing the applicant of statutory requirements not met in the initial application (i.e. the council, having carried out a full technical/procedural appraisal of the proposals will only then inform the applicant of all reasons why a build ding warrant cannot be issued). An acknowledgement letter or some other form of holding letter should not be used for the purposes of this part of indicator. The indicator measures the performance of the service not merely the administrative function, the service relates to the notification of the results of a full technical/procedural appraisal of the initial valid application. A valid application is defined as an application which is accompanied by plans and the prescribed fee. (Part b) The time to respond to a request for a certificate of completion or an authorisation of temporary occupation/use is the period from receipt of a formal application (form BA8) together with a duly completed Compliance Certificate for Electrical Installation (form BA9), if appropriate, to the date of an inspection being carried out to determine whether or not a completion certificate can be issued. A letter to the applicant requesting access does not count , however, in exceptional circumstances where sites are inaccessible or where properties are empty, a telephone call, calling card left or letter requesting access would be deemed as an authority’s first response. Final inspections carried out (prior to receiving the prescribed application form and or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against part d) of the indicator. (Part c) The time for issuing a warrant is the period from receipt by the council of all necessary information following notification to the applicant of reasons why a building warrant cannot be issued, together with an application which meets the requirements of the Building (Scotland) Act 1959, to the date of issue of the warrant. Where a building warrant application is accompanied by an application for a relaxation, the time to issue the warrant remains as stated in the definition. It is recognised that the period from receipt by the council of all necessary information will be the date following the statutory 14 day (approximately 10 working day) draft period which is allowed for representation. Warrants which do not require contact with the applicant because there are no reasons why a building warrant cannot be issued should not be recorded because they will have already been recorded at part a) of the indicator. (Part d) The time for issuing a completion certificate or an authorisation of temporary occupation/use is the period from the date when the council is satisfied that the building work has been completed in accordance with the approved warrant as far as can be reasonably ascertained, and the council are in receipt of the prescribed application forms which meets the requirement of the Building (Scotland) Act 1959 to the date the completion certificate or an authorisation of temporary occupation/use is issued. f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc Final inspections carried out (prior to receivingPage the prescribed 66 application form and/or Certificate of Compliance of the Electrical Installation) to determine whether or not a certificate of completion or authorisation of temporary occupation/use should be reported against this part of the indicator. The time for issuing the certificate is the period from the receipt of the prescribed application forms which meets the requirements of the Building (Scotland) Act 1959 to the date the certificate of completion or an authorisation of temporary occupation /use is issued. Reporting Period Where the determination of an application for warrant or certificate of completion does not fall wholly within a reporting period, the information relating to that warrant application should be included in the reporting year in which the application is granted or otherwise determined. All periods should be measured in working days (excludes public holidays). ‘Building warrants’ is the total number of warrants issued or applications otherwise determined (i.e. includes withdrawn or refused applications) in the reporting year. ‘Certificates’ is the total number of temporary and final certificates of completion issued or otherwise determined in the reporting year. Temporary completion certificates should be counted for each occasion application received. Source Building control records. Interpretation The extent to which councils prepare guidance to applicants on any deficiencies with any application for a building warrant following its submission may influence the time taken to respond to an application. In accordance with Building (Procedures) (Scotland) Regulations 1981, councils are required to either issue the completion certificate or notify the applicant of the reasons for not doing so, within a statutory 14-day (appox.10 working day) period of receipt of an application for a certificate.

f:\moderngov\data\agendaitemdocs\5\3\9\ai00011935\buildingcontrolpireport0.doc Page 67 Agenda Item 11 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76

This page is intentionally left blank Page 77 Agenda Item 12

ARGYLL AND BUTE COUNCIL MINUTES OF MEETING OF MID ARGYLL PARTNERSHIP held in DALRIADA HOUSE, LOCHGILPHEAD on TUESDAY 2 SEPTEMBER 2003

1. APOLOGIES

Apologies for absence were received from Felicity Kelly, Judith Bett, Brent Meakin, Margaret McVicar, John Downie, Alan Milstead, Bruce Robertson, David Fife Jackson, Arthur Barclay, Kate Murray, Maureen Brankin, Ian McIntyre and Deirdre Forsyth.

Councillor Hay expressed her concern that no Officials of the Council were present at the meeting and asked that a letter be sent instructing their attendance at the next meeting.

2. MINUTES OF MEETING OF 3 JUNE 2003

The minutes of the meeting held on 3 June 2003 were accepted as correct, with the following change to agenda Item 5 Forest Enterprise report, which should read as follows:-

Brent Meakin advised that E.U. funding had been granted for road haul route which should reduce the number of timber lorries on minor roads and would also help to improve recreation facilities e.g. the forest drive from Lochfyne Side to Loch Awe, cycling routes, car parking and links to the proposed long distance footpath from Inveraray to Southend. They had received half of the required funding for the Dalriada Project (Landscapes in Time) from the Community Economic Development (CED) Fund but were not successful in securing Rural Partnership Funding. Forest Enterprise (F.E.) had hosted along with SNH a visit by Heritage Lottery staff who were supportive of the idea and a bid for funding was now with the Heritage Lottery Fund. Brent went on to describe the amount of work in both planting and foresting trees per annum in the area and reminded members the 120,000 tonnes per annum are taken by boat from Ardrishaig and Campbeltown and shortly also from Furnace, taking close to 1.5 million lorry miles a year off the roads.

3. MATTERS ARISING

With regard to the erection of a bus shelter at Kilmartin, Marion Thompson was advised that the Council had no immediate plans for this but that if the Community could identify appropriate ground he would be sympathetic to their request. The Environment Services Department were concerned to hear that it was felt that the Graveyard had been neglected as they routinely tended that area. Alison Hay stated that at the next Area Committee the Councillors would be considering winding up various small Trusts, which had been administered by the Council and that certain Trusts were relevant to Kilmartin. She would endeavour to secure funding for them.

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc1 of 7 Page 78

Craignish has had a successful election and Alison Hay welcomed Sandy McKilligan to his first meeting.

The grass cutting battle with BEAR continues with verges looking very neglected. Alison has written to BEAR on numerous occasions and has now taken up the issue with George Lyon. It is over a year since the last meeting with BEAR and it would be helpful if the Community Councils could prepare a list of any maintenance problems in their area and to be raised through the Area Committee.

4. FOREST ENTERPRISE/SNH

In a written report, Brent advised that he had spoken to the hauliers using the Kilberry road. On the discussion about the harvesting facilities, which appear to present new recreational parking opportunities, this is not something that Forest Enterprise (FE) would intend to preserve, due to several reasons. It is not possible to expand on the facilities already managed by F.E. given the cost of looking after them. They have plans for some new and improved facilities and in all cases to-date these would present a greater range of opportunities than these roadside stop offs. It would appear that they could be left as informal parking but if FE do not manage them as intensively as other facilities they get a number of anti-social problems such as dumped cars, fly tipping, and a accumulation of litter. This has already been the case at sites where they have not been closed off quickly enough. Most of the facilities were given agreement to be built and have access onto the main road because they are only temporary and some, such as the one at Lochgair had strict one- way usage to ensure that lorries were with the flow of traffic. FE also plan to re-use the stone from most sites. David Starck advised that it would benefit his community to know the outcome of Brents discussions with the hauliers.

5. PROVISION OF THE NEW COMMUNITY HOSPITAL

Judith Bett advised, by letter, that when she had asked for this item to be included on the agenda she had concerns about the building of the new Mid Argyll Hospital. Thankfully the immediate problems have been resolved and a starting date of November 2003 has been set with the completion still in 2005.

6a ARDRISHAIG COMMUNITY COUNCIL

No report

6b. DUNADD COMMUNITY COUNCIL

A discussion with the Police highlighted that the use of Traffic lights in Kilmartin would not be viable. Work on the link road with Castle Park is on going and a meeting has been arranged for the 15 September between the Community Council, the Police and the Kilmartin shop- keeper to discuss

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc2 of 7 Page 79

safety issues. It has been clarified that the Lay-by area is not part of the main road, and there will be no yellow lines put in front of the shop. John Downie is to be asked to supply a bin to be placed near the Public Toilets.

6c. INVERARAY COMMUNITY COUNCIL

Alison Hay reported that there have been extensive investigations into the source of the smell which is permeating the town. Scottish Water along with S.E.P.A and the Environmental Health have been checking out the drains, vent pipes and the outfall pipe. Cement covers have been placed on the tanks on- site and cameras have checked pipes for cracks. Any faults found have been rectified but still the smell persists. Investigations are still ongoing.

Mention was made of the play-area and the possibility of painting the town.

6d. LOCHGILPHEAD COMMUNITY COUNCIL

No report

6e SOUTH KNAPDALE

Concern was expressed about damage at Kinaish Bridge and at 3 other sections of road that are collapsing due to the constant use of Timber lorries. One of the Community Council members was also concerned about the bad corner just north of Crarae Gardens entrance. He had been involved in an accident there and had been informed that it is a fairly frequent occurrence for vehicles to end up on the shore at this point. It was indicated that oil spillage from buses using the sharp access to the Gardens Car-park could be the cause. Mr Starck was advised to take this matter up with B.E.A.R. Matters relating to the new Cemetery sign at Achahoish and water run-off at the new house at Highland Heather’s corner should be referred to Donnie McLeod. With regard to his concern about the mis-use of the Disabled car parking space in Colchester Square, Mr Starck was advised to contact the Police.

6f WEST LOCHFYNE

Various items were raised and Alison agreed that she would discuss these personally with David Fife-Jackson. The Fire Brigade and B.E.A.R. should be contacted regarding the erection of a warning sign at the Fire Station. A date is to be arranged with Donnie McLeod to discuss the adoption of the private road at Lower Achagoyle. The erection of the bus shelter is progressing. Faulty Street Lighting needs to be addressed by B.E.A.R. It is hoped to commence the Woodlands Trust Shore footpath this month.

6g CRAIGNISH

Sandy McKilligan was welcomed from the newly reformed Craignish Community Council. A very successful Postal Vote was used for the election of the new Council. Sandy stated that he was interested to hear the views of

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc3 of 7 Page 80

the other areas and that he hoped to be in a position to take a more active part at the next meeting.

6h FURNACE

The minimal verge cutting at the side of the A83, maintained by BEAR was compared with the more thorough cut on the Inveraray – Dalmally road that is maintained by Argyll and Bute Council. It was indicated by Rev. McLeod that at certain points, especially at the entrance to the A83 from his church, the growth was in fact dangerous. He was advised to contact BEAR and stress this safety issue.

The need for a bus bay/ shelter is has been identified at Coille Mhinnean and at Allt na Ceardaich. The problem lies mainly with the buses heading towards Lochgilphead as this is a stretch of road frequently use for overtaking. This is another matter needing to be discussed with BEAR.

Rev McLeod was advised to contact John Downie and discuss adequate bin provision at Furnace bus shelter and at the Play area.

6i TARBERT & SKIPNESS

Tarbert Enterprise has agreed to take up the Inveraray – Southend Walk project on the community’s behalf. It is hoped that Tarbert will be included in the Scottish Resolutions distribution of £2 billion Waste Water Scheme, to be published today. The Medical Centre will be open by the end of this month or the beginning of next, at the latest. Heavy Loads and speeding traffic on the A83 is continuing to cause problems within the village. On the narrow part of the road heading towards Campbeltown there is likely to be even more congestion as it is believed that new access for the Co-op lorries is to be made. Along with access to Medical Centre, Bus Stop, Car park and Post Office the use of this part of the road is ever increasing. The Community Council have a ‘half yearly’ report from Bell Ingram, indicating that there are plans to develop land on the topside of the High Road. Duncan Robertson asked at what point in this process the community would be asked for their opinion. In theory the development would be good for the village but it would also access onto the A83. Alison Hay explained that during the normal process of consultation about the Local Plan the community will receive plenty of opportunities to input into the Plan, Ian Love and Bill Geddes are the Council contacts during this process. Douglas questioned the possibility of the lorries using the B8024, and thus bypassing the centre of the town. If was felt that this road would need to be strengthened before this could be considered. Donnie McLeod will be asked to investigate. Wilma Dettmer advised that Fish Lorries are still parking in front of her house and there is a constant flow of water on to the road. The ‘lorry weight’ is causing vibrations and is eroding the road surface. It was suggested that once the lorries were filled with water that the weight restrictions may be being violated. An on-site meeting is to be arranged with the Planning Department and the Roads Department to which Wilma and Douglas are to be invited.

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc4 of 7 Page 81

6j NORTH KNAPDALE

The Council’s policy on the treatment of Ragwort and Japanese Knotweed was discussed. It used to be an offence if farmers did not clear any plans found on their ground but what of plants found at roads edges etc. Concern was raised at the seasonal use by locals and holiday homeowners of the new larger Rubbish bin. Raw sewage is causing concern in three Knapdale villages and Pauline James was advised that, in the first instance, she should contact SEPA. It is unfortunate that the bus service between Tayvallich and Crinan is not detailed correctly on the Time Table. This would be an excellent opportunity for tourists to take the bus from one village and walk back to the other. Pauline was advised to take up the matter with Douglas Blades. Letters written to Donnie MacLeod concerning Scottnish Wall are still unanswered. Coastal Protection were to take up this matter with Donnie McLeod Pauline thanked Sergeant Armstrong and the other community police for their general assistance and their attendance at Community Council meetings

7. STRATHCLYDE POLICE No report.

8. BRITISH WATERWAYS BOARD

No report

9. COMMUNITY CARE ISSUES The respite house has now been reinforced and the tracking system has been installed. A meeting has been arranged, with Care Solutions, for 10 September to discuss the furnishing of the new building. Last weeks advert for staff has had an excellent response. Crossroad had been receiving more referrals and are working, on a one year trial, with McMillan Care.

10. COUNCIL REPORTS

a Roads No report b Environmental Services No report c Education No report d Housing & Social Work No report

e. Community Centre Council Report Unfortunately the renovation work, due to be completed on 7th July, is only now coming to a conclusion. The work was completed so late that the Blood Transfusion was unable to use the Centre. The disabled toilets have been installed and are in use, in addition to the new entrance to the Centre. The ramp from the Library to the Centre should be completed at a later date. The next meeting of the Centre Council will be held on Thursday at 7.30 p.m. which will take the form of a social occasion at which Councillor MacMillan, who has been most supportive, will be asked to open the refurbished Centre.

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc5 of 7 Page 82

11. SCOTTISH WATER

No report .

12. NEXT MEETING – 11 NOVEMBER 2003 at 10.30 a.m.

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc6 of 7 Page 83

SEDERUNT SHEET

MID ARGYLL PARTNERSHIP

2 SEPTEMBER 2003

Name Organisation David Starck South Knapdale Community Council Rita Campbell Argyllshire Advertiser Alison Hay Argyll & Bute Council Roddy MacLeod Furnace Community Council Pauline James North Knapdale Community Council Marion Thomson Dunadd Community Council Douglas Robertson Tarbert& Skipness Community Council Wilma Dettmer Carers Group Sandy MacKilligin Craignish Community Council Donnie MacMillan Argyll & Bute Council Shona Brechin Argyll & Bute Council - Corporate Services Sheila Cameron Argyll & Bute Council – Corporate Services

F:\moderngov\Data\AgendaItemDocs\3\5\3\AI00011353\MinutesofMidArgyllPartnershipdated2September20030.doc7 of 7 Page 84

This page is intentionally left blank Page 85 Agenda Item 13

ARGYLL AND BUTE COUNCIL MID ARGYLL, KINTYRE AND ISLAY AREA COMMITTEE Wednesday 5 November 2003

EXAMINATION RESULTS 2003

1. SUMMARY

1.1 This report gives details of examination performance across the authority in 2003. Reports from Campbeltown Grammar School and Tarbert Academy are attached as appendices.

2. RECOMMENDATIONS

2.1 The Committee is asked to note the report and recognise the excellent work of teachers and pupils in achieving these results.

3. DETAIL

3.1 The National Priorities for Education require education authorities to report on certain categories and these are described in the table below:

The Scottish Credit and Qualifications Framework (SCQF) Levels:

Level 3 = Standard Grade at 5-6 (Foundation) plus Access 3 (Higher Still) Level 4 = Standard Grade at 3-4 (General) plus Intermediate 1 at A-C (Higher Still) Level 5 = Standard Grade at 1-2 (Credit) plus Intermediate 2 at A-C (Higher Still) Level 6 = Higher Grades at A-C (Existing exams plus Higher Still) Level 7 = CSYS at A-C plus Advanced Higher (Higher Still)

Page 86

3.3 Argyll and Bute pupil achievement at S4, S5 and S6.

Category 2002 2003 % of S4 roll gaining 5+ awards at level 3 or 96 95 better % of S4 roll gaining 5+ awards at level 4 or 85 82 better % of S4 roll gaining 5+ awards at level 5 or 39 39 better % of S4 roll gaining 3+ awards at level 6 or 23 24 better % of S4 roll gaining 5+ awards at level 6 or 08 10 better % of S4 roll gaining 1+ awards at level 7 or 14 12 better

In the above table, level 6 represents achievement at the end of S5 and level 7 by the end of S6. There is also another report required under the National Priorities framework that requires authorities to report all achievement by the end of S6, ie all examination passes are accumulated to give a figure representing achievement of the S$ roll by the end of S6. The following table gives these accumulated results:

3.3 Argyll and Bute pupil achievement by the end of S6.

Category 2002 2003 % of S4 roll gaining 5+ awards at level 3 or 96 96 better % of S4 roll gaining 5+ awards at level 4 or 86 87 better % of S4 roll gaining 5+ awards at level 5 or 56 53 better % of S4 roll gaining 3+ awards at level 6 or 36 32 better % of S4 roll gaining 5+ awards at level 6 or 22 20 better % of S4 roll gaining 1+ awards at level 7 or 14 12 better

3.4 Although there are some slight declines in some categories, the general trend is of increased performance. Over half of all S4 pupils will leave school with 5 or more awards at level 5 (the old Standard Grade Credit Level) and almost all pupils leave school with 5 or more awards. National data is not yet available but based on performance in 2002, the authority will remain above the national average. Page 87

4. CONCLUSION

4.1 Argyll and Bute schools continue to perform in the top third of authorities in Scotland. The authority is expected to reach its National Priority targets for examination performance by 2005.

5. IMPLICATIONS

Financial: None

Personnel: None

Equal Opportunities: None

Legal: None

Douglas Hendry Director of Community Services Argyll and Bute Council 05/11/2003

Members wishing further information should contact Chris Shirley, Quality Standards Manager, Argyll House, Alexandra Parade, Dunoon, PA23 8AJ Tel: 01369 708528

Page 88

This page is intentionally left blank Page 89 Agenda Item 14

ARGYLL AND BUTE COUNCIL DEVELOPMENT & ENVIRONMENT 5th November 2003

LEISURE DEVELOPMENT GRANTS 2003-2004

1. SUMMARY

1.1 The allocation for Leisure Development Grants to Mid Argyll, Kintyre and Islay Area for 2003-2004 was £22,300. An additional sum of £2,022 was accrued from unclaimed grants making the total available for distribution £24,322. This paper indicates to members of the Area Committee how that sum has been distributed.

2. RECOMMENDATIONS

2.1 Members are asked to note the contents of this paper.

3. BACKGROUND

3.1 The following list indicates grants allocated during 2003-2004.

Amount of LEISURE DEVELOPMENT Grant Mid Argyll, Kintyre & Islay Ardrishaig Junior Shinty Club £2,000 Dochus Fund nil Isle of Gigha Music Festival £1,500 Kilmartin House £1,500 Mid Argyll Community Care Association £1,000 Mid Argyll Pipe Band £500 Mull of Kintyre Music & Arts Association £3,000 Scottish Community Drama Association £500 Tarbert Enterprise Company - Scottish £1,500 Series Tarbert Loch Fyne Yacht Club £2,000 Tarbert Seafood Festival £2,500 Alasdair Young £250 Ailsa McNab £250 Page 90

Tarbert Junior Gaelic Choir £1,000 Kintyre Arts & Activities Development £306 Group Children 1st Campbeltown Action Group £500 Katy Welch £500 Kintyre Canoe Club £120 Inveraray Shinty Club Nil Mid Argyll Round Table £396 Elemental Arts £1,000 Museum of Islay Life £1,000 Tarbert Music Festival Association £1,500 Islay Jazz Festival £1,500 Kintyre & District NYBBS Members Nil David Cosgrove Nil TOTAL £24,322

3.2 Grant Allocations by Type Arts (9) £3,056 Sports (5) £5,370 Heritage (2) £1,500 Events (10) £14,396 £24,322

3.3 Grant Allocations by Area Mid Argyll (11) £7,396 Kintyre (13) £14,426 Islay & Jura (2) £2,500 £24,322

3.4 Grant Allocation by Date May (13) £16,500 June (6) £2,426 July (7) £5,396 £24,322

3.5 Grant applications by date received Prior to 1st April 12 April to May 5 May to June 7 June to July 2 Total Number of Applications 26

5. IMPLICATIONS Page 91

Policy: The information within this report reflects toe Council’s commitment to support the voluntary sector in Argyll and Bute.

Financial: Grants awarded were met from the relevant allocation within Leisure Services revenue budget for 2003-2004.

Personnel: None

Equal Opportunity: The Council’s criterion for Grants to the Voluntary sector ensures that Equal Opportunities are promoted and enforced.

For further information contact: Willie Young, Principal Leisure Officer

Telephone 01546 604121

LIST OF BACKGROUND PAPERS: Nil

Page 92

This page is intentionally left blank Page 93 Agenda Item 15

ARGYLL & BUTE COUNCIL MID ARGYLL, KINTYRE & ISLAY

AREA COMMITTEE 5th November 2003

SOCIAL WELFARE GRANT SCHEME – ANNUAL REPORT

APPLICATIONS BY ORGANISATION FOR VOLUNTARY SECTOR GRANT 2003/2004

1. BACKGROUND

At the Strategic Policy Committee it was agreed that the Social Welfare Grant allocation for the Mid-Argyll, Kintyre & Islay area for the financial year 2003/2004 would be £16,367.25. At the request of the Area Committee a detailed report is now provided regarding the allocation of the Social Welfare Grant for this year.

2. DETAILS OF GRANT APPLICATIONS 2003/2004

VOLUNTARY AMOUNT AMOUNT REQUESTED ORGANISATIONS AWARDED South Kintyre Senior Citizens £ 1,000.00 £ 2,114.00 Committee Special Educational Needs £ 2,000.00 £ 2,000.00 Support Group Kintyre 6 Circle Group £ 1,500.00 £ 1,500.00 KADAS £ 3,000.00 £ 5,000.00 Mid-Argyll Council on Alcohol £ 2,000.00 Dochas Fund £ 2,000.00 £ 5,000.00 Home Start £ 2,000.00 £ 4,850.00 Islay and Jura Advice Centre £ 2,000.00 £17,292.00 3rd Age Group £ 867.25 £ 1,500.00 TOTAL £16,367.25 £39,256.00

GRANT ALLOCATIONS BY TYPE AMOUNT Services to children £ 5,500.00 Services to the elderly £ 1,867.25 Addiction services £ 5,000.00 Special needs £ 2,000.00 Information and advice £ 2,000.00 TOTAL £16,367.25

GRANT ALLOCATIONS BY AREA AMOUNT Page 94

Mid-Argyll £ 4,000.00 Kintyre £10,367.25 Islay £ 2,000.00 TOTAL £16,367.25

GRANT ALLOCATIONS BY DATE AMOUNT April Nil May Nil June £ 7,500.00 July Nil August £ 8,867.25 TOTAL £16,367.25

GRANT APPLICATIONS BY DATE NUMBER RECEIVED Prior to 1st April 4 April 1 May 1 June 3 July 0 August 0 TOTAL 9

3. GRANT ALLOCATIONS OUTSTANDING

There is clearly a greater demand for funding support from organisations within the community than can be met from the Social Welfare Grant Scheme. A number of applications were not presented to the Area Committee as they were received at a later stage and at a time when the Grant had been exhausted. These applications were from the following organisations

VOLUNTARY ORGANISATION AMOUNT REQUESTED Jura Care Centre £ 3,600.00 Fyne Friends £ 612.00 Mid Argyll Comm Care Association £ 1,000.00 Mid Argyll Transport Volunteers £ 4,606.00 TOTAL £9,818.00

IMPLICATIONS

Legal: None

Policy: The information within this report reflects the Council’s commitment to the support of work with the Voluntary Sector within Argyll and Bute.

Financial: Grants awarded were met from the relevant allocation within the Social Work revenue budget for 1003/1004.

Personnel: None

Page 95

Angus Smith Service Manager Mid-Argyll, Kintyre & Islay

FOR FURTHER INFORMATION CONTACT MR ANGUS SMITH, SERVICE MANAGER, SOCIAL WORK, OLD QUAY HEAD, CAMPBELTOWN

TEL: 01586 552659

Page 96

This page is intentionally left blank Page 97 Agenda Item 16

ARGYLL & BUTE COUNCIL MID ARGYLL, KINTYRE AND ISLAY AREA COMMITTEE

CORPORATE SERVICES 5 NOVEMBER 2003

AREA PLAN AND BUDGET – ADDITIONAL CAPITAL RECEIPTS

1. SUMMARY

1.1 Further capital receipts of are now available for allocation in accordance with the criteria for capital expenditure (see attached note at Appendix I).

2. RECOMMENDATION The committee require to decide on the allocation of additional capital receipts of £20,187.50p.

3. BACKGROUND

3.1 Capital allocations of £200,000 over the period since 01/04/02 and additional capital receipts of £97,405 have already been allocated. Details of these allocations are contained in the attached note divided into the 3 sub areas. (see Appendix II)

3.2 The Revenue budget allocations from 2002/2003 are also attached for information. (Appendix III)

3.3 The Area Plan is attached at Appendix IV.

4. IMPLICATIONS

Policy This money must be allocated in accordance with the attached criteria Financial The committee require to ensure that revenue budgets are available to support their decisions Personnel The committee require to ensure that personnel are available to implement their decisions within this financial year Equal Opportunities The Council`s equal opportunities policy must be considered before any decision is made Legal The committee must be satisfied that their decisions comply with the Law. Community Depends on the decisions made.

Deirdre Forsyth Area Corporate Services Manager 5 November 2003 Page 98

Appendix I

Capital Expenditure

The following criteria require to be met for projects to meet the definition of capital expenditure.

• The de-minimis level for capital expenditure is £6000.

• Expenditure on the acquisition of a fixed asset or expenditure, which adds to and not merely maintains the value of an existing fixed asset.

• Building and civil engineering works of construction, conversion, renewal or replacement, including the cost of architectural engineering services.

• The acquisition, renewal or replacement of vehicles, plant machinery, equipment and other non fixed capital assets, but excluding any item which costs less than £6000 or any item the multiple purchase of which costs less than £6000.

Projects of a value less than £6,000 may be submitted providing that they can be treated as part of a larger project.

E.g. a new footpath being treated as part of a wider footpath replacement programme within the capital programme or a town centre improvement project in the capital programme.

Projects of a value less than £6,000 may be submitted as an amalgamated project providing the nature of the work is similar.

E.g. Improvement of five play areas of £2,000 being treated as one project of £10,000.

The above requirements relate to the current position based on the Section 94 Consent rules, however the requirements for capital expenditure will change from the 1 April 2004 when the Prudential Code for Capital is introduced.

Page 99

Appendix II

AREA CAPITAL BUDGET

The Area Committee has allocated £200,000 of capital budget since April 2002, and also capital receipts of £97,405.

The Committee decided that the capital budget would be allocated according to the priorities in the area plan.

Please find attached a note of the projects split into the 3 sub-areas.

£20,187.50 further capital allocation is now available. The following sums were allocated to projects which relate to the whole of Mid Argyll, Kintyre and Islay.

Roads projects £23,868

Street Lighting Projects £13,800 (Kintyre, Tarbert and Mid Argyll)

Nadair 2 £12,500

£50,168

Proposed if capital allocation available

Street Signage £8,500 Mid Argyll and Kintyre

MID ARGYLL

Lochgilphead Front Green £9,667 Lochgilphead Community Centre £10,000 Lochgilphead Sports Centre £32,055 High Bank park Footpath £2,000 Mid Argyll Sports Trust £5,000 Ardrishaig Skateboard park £1,666 Furnace Bridge £1,667 Inveraray Marriage Room £22,020 Kilmartin Footpath £4,000 Tarbert Scottish Series £15,112 £102,187

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaCapitalReceipts0.doc Page 100

KINTYRE

Kilkerran Cemerary £6,500 Campbeltown & District Junior £15,000 Football Association Play area, The Meadows £15,000 Putting Green Hut £1,000 Flagpole £1,200 Peninver Footway £10,000 Skateboard park £9,200 Dalintober School warning lights £4,000 £61,900

Proposed if capital allocation available

Dell Road Car park £10,000 Carradale School lights £4,000 Play equipment £17,972 £31,972

ISLAY, JURA AND COLONSAY

Playing Fields, Bowmore £5,000 Playing Fields, Port Charlotte £12,500 Island Gathering Centre, Port £32,500 Charlotte Islay Development Company £10,000 Layby Kintraw to Ardtalla £2,500 Ballygrant improvements £5,000 Bruichladdich Hall £6,150 Parking at Burnside Bruichladdich £3,500 Colon say Croft Entrant Scheme £6,000 £83,150

Proposed if capital allocation available Car parks, Colonsay £10,000

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaCapitalReceipts0.doc Page 101

Appendix III

The Committee were also allocated £100,000 revenue budget in 2002/2003

This was allocated as follows

Whole Area

Library Services £8,250 Roads £43,120 £51,370

Mid Argyll & Tarbert

Lochgilphead Primary School Garden £2,000 Lochgilphead Golf Club £4,000 Lochgilphead Front Green £2,000 Inveraray Shinty Club £5,000 Tarbert Football Pitch £5,500 £18,500

Kintyre

Campbeltown Airshow £15,000 Irish Ferry £2,000 South Argyll Rural Initiative £1,000 Stewarton Village Playscheme £2,000 Dalintober/Millknowe ADG £750 Campbeltown Putting Green £2,000 Kildalton Road £4,000 £26,750

Islay, Jura & Colonsay

Re-Jig recycling group £3,380 £3,380

£100,000

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaCapitalReceipts0.doc Page 102

This page is intentionally left blank Page 103

Appendix IV

MID ARGYLL, KINTYRE AND ISLAY

Area Strategy and Action Plan

Mid Argyll, Kintyre and Islay Area Committee have agreed 2 geographical priority areas and 5 partnership priorities. Many of these involve Community Planning Partners.

The Committee have agreed that in regard to the geographical areas, service departments should target and prioritise these areas for any revenue funding which is not specifically allocated to service functions.

They further agreed that in regard to the 5 partnership areas, the first priority is to arrange meetings with other identified local partners to discuss action on each of these points.

The 2 geographical priority areas are

1. Campbeltown and South Kintyre

and

2. Islands of Islay, Jura, Colonsay and Gigha.

The specific priorities for these 2 areas are on Appendix (A) and Appendix (B). These include ongoing projects which have already been allocated funding.

Appendix (C) details partnership projects.

Next review date November 2003

Each project is numbered and an action report is attached.

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaPlan0.doc July 2003 Page 104 Mid Argyll, Kintyre and Islay Action Plan Geographical Priority Campbeltown and South Kintyre Appendix A No Projects When By Cost Partners whom 1 BNSF – Campbeltown 2002/2005 SW/ED £1,435,000 over 3 yrs Scottish Executive 2 Community Facility – Campbeltown 2004 DES £2 million in Councils budget To be sought £6 million total cost 3 Community Schools Initiative 2001/2004 ED £600,000 over 3 yrs Scottish Executive 4 South Kintyre Community Learning Plan 2001/2004 Com Ed £80,000 over 3 years S E/ABC/Local Communities / Careers Partnership 5 Campbeltown/Ballycastle Ferry 2003 TAPS £5 million over 5 years Scottish Executive (expected subsidy) Northern Ireland Executive Scotland Office 6 Healthy Living Centre, Kintyre 2002/2007 ED/HSW £808,000 – commencing 1/1/03 ABC/Health Trusts/Voluntary organisations 7 S.I.P. 2002/2004 HSW £200,000 ABC/Vol.Org/Health/AIE

8 Campbeltown Airshow 16 August CAKE/ £40,000 AIE/Sponsors/ABC Campbeltown Page 105 2003 (£20,000 from ABC/CCGF) KIWG Common Good Fund 9 Campbeltown Town Centre Traffic 2003/2006 TAPS £300,000 – over 3 years ABC Management public consultation 2002/2003 10 Campbeltown Museum – 2004/2006 DES £2 million ABC/Historic Scotland/HLF/other Burnet Project – future exhibition space partners/CAKE 11 Townscape Heritage Initiative 2002/2005 AIE/DES £4 million or less Historic Scotland depending on level of work undertaken HLF/ ABC/AIE 12 Improvements to Tayinloan ferry Longer term TAPS To be ascertained ABC/Scottish Executive/Calmac terminal 13 Campbeltown Regeneration Project Immediate ALL To be ascertained ABC (Housing) 14 Campbeltown Skateboard Park Short term COMED To be ascertained ABC/Community 15 Campbeltown Junior Football Assoc.-Meadows Short term CAKE Various 16 Campbeltown New Quay 2004 DS £2 million ABC/SE/AIE/EU

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaPlan0.doc July 2003

Mid Argyll, Kintyre and Islay Action Plan Geographical Priority Islay, Jura, Colonsay & Gigha Appendix B Project When By whom Costs Partners

1 BNSF – part of Atlantic Isles 2002 SW £1,264,000 over 3 yrs Scottish Executive ABC 2 3 Islands Partnership, Islay, Jura and 2001/2002 CLS/IT £40,000 Scottish Executive Colonsay ABC, AIE Health Board 3 Port Askaig redevelopment 2002/2004 TPS £5 million EU/Scot Exec/ABC

4 Gigha Community Heritage Trust 2002 CLS £20,000 ABC Start Up Costs

5 Colonsay Crofting Scheme 2002/2005 Crofters £6,000 CC/ABC/AIE/ Other partners Page 106 Commissi on 6 Columba Centre, Islay 2002/03 Trust Revenue funding Trust/AIE/HIE 7 Islay Hotel, Port Ellen 2003/04 AIE/DES To be ascertained AIE/Private Partners ABC/Com.Scotland

8 Bruichladdich Pier 2003/2005 TAPS £1.6 million ABC/Shell/AIE

9 Jura Ferry – new ferry Medium term TAPS £2.5 million ABC/Scottish Executive

10 Jura Ferry – mainland route Longer term ABC/? £3 million Various

11 Rhinns Community Sports Project – upgrade 2002/03 DES £250,000 Local Group/ABC HIE/AIE/ABC football pitch, pavilion playground/campsite Sports Sc 12 Islay Ferry Terminal Longer term To be ascertained Scottish Executive 13 Bowmore and Ramsay Halls DES To be ascertained ABC/Communities 14 Bruichladdich car parking Short term HSW/TAPS £8,600 ABC 15 Nadair 2003/2004 DES £ ABC/HLF/AIE/SNH

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaPlan0.doc July 2003 Mid Argyll, Kintyre and Islay Partnership Projects – Action Plan Appendix C Project When By Partners whom 1 Ardrishaig Improvements 2002/2005 DES/ BWB/AIE/ABC - including skateboard park TAPS 2 Create Sports Strategy for Argyll and 2003/2005 DES/ ABC/Sports Scotland Bute to enable a focus on sports Corporate AIE facilities for Mid Argyll Policy Private funding (Mid Argyll Sports Trust)

3 Tourism – improve signage and scrub 2003/2004 DES/ AILLST clearance TAPS Visit Scotland ABC/AIE/ Private owners

4 Conservation Plan for Inveraray 2002/2003 H&SW ABC/ Com Scotland/ Historic Scotland/Community

5 Ardfern Development Control 2003/04 DES ABC/private land owners Page 107

6 Tourist Information Centre/ 2003/04 CLS ABC/AILLST/AIE Marriage Room, Inveraray

7 Trunk Roads – joint discussions Ongoing TAPS BEAR/SC.EXECUTIVE

8 Clock Lodge 2003/2005 CLS A&BBPT/AIE/HS/HLF/ABC 9. Community Education Centre, 2003 ED ABC/Local Group Lochgilphead

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaPlan0.doc July 2003 Page 108

F:\moderngov\Data\AgendaItemDocs\2\6\0\AI00012062\AreaPlan0.doc July 2003 Page 109 Agenda Item 17

ARGYLL & BUTE COUNCIL STRATEGIC POLICY COMMITTEE

OPERATIONAL SERVICES 30 OCTOBER 2003

BOWMORE HALL

1. SUMMARY

1.1 Members will recall the decision to transfer this facility to a local Community Group. This was originally scheduled for completion by 31st December 2003.

1.2 The process has been delayed and further time is required.

2. RECOMMENDATION

2.1 Argyll & Bute Council continue to provide the management of the Bowmore Hall until March 31st 2004.

3. DETAIL

3.1 Members will be aware the Bowmore Hall Steering Group has indicated a reluctance to take over the responsibility for management of the Bowmore Hall.

3.2 As part of this process the Bowmore Hall Steering Group have requested that the Council arrange for a Condition Survey of the Hall to be carried out, and this has now been arranged by the Property Services unit of the Council.

3.2 Despite the concerns expressed by the Bowmore Hall Steering Group it is believed that given further time and information these will be resolved.

4. CONCLUSION

4.1 There are many examples throughout Argyll & Bute of local halls operating successfully under community management. The extension to March 2004 will allow time for the Bowmore Hall Steering Group to more fully involve the local community in the decision making process which will lead to a successful transfer of this facility to the community sector.

F:\moderngov\Data\AgendaItemDocs\6\2\9\AI00011926\BowmoreHallReport0.doc 1 of 2 16 October 2003 Page 110

5. IMPLICATIONS

5.1 Policy – enables Argyll & Bute Council to empower local communities.

5.2 Financial – the £9,220 projected as a saving will not be achieved in the current financial year.

5.3 Personnel – none.

5.4 Equal Opportunity – none.

5.5 Legal – none.

Gordon Nash Head of Amenity Services

25 September 2003

F:\moderngov\Data\AgendaItemDocs\6\2\9\AI00011926\BowmoreHallReport0.doc 2 of 2 16 October 2003 Page 111 NOT FOR PUBLICATION by virtue of paragraph(s) paragraph 9 Agenda Item 19 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 114

This page is intentionally left blank Page 115 NOT FOR PUBLICATION by virtue of paragraph(s) Paragraph 9 Agenda Item 20 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 116

This page is intentionally left blank Page 117 NOT FOR PUBLICATION by virtue of paragraph(s) Paragraph 9 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 118

This page is intentionally left blank Page 119 NOT FOR PUBLICATION by virtue of paragraph(s) Paragraph 9 Agenda Item 21 of Schedule 7A of the Local Government(Scotland) Act 1973

Document is Restricted Page 122

This page is intentionally left blank