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

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

Corporate Services Director: Nigel Stewart

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

27 April 2005

NOTICE OF MEETING

A meeting of the OBAN LORN & THE ISLES AREA COMMITTEE will be held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 4 MAY 2005 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. CORPORATE SERVICES

(a) Minute of Oban Lorn & the Isles Area Committee meeting held on 5th April 2005 (Pages 1 - 10)

(b) Note of Meeting of the Oban, Lorn & the Isles Area Committee in regard to the proposed Argyll and Bute Council (Route A849 Bunessan) (Waiting Restriction) Order 200 , held on 10th March 2005 (Pages 11 - 12)

4. COMMUNITY SERVICES

(a) Applications from Voluntary Organisations for financial assistance under the Education Development Grants Scheme (Pages 13 - 16)

(b) Applications from Voluntary Organisations for financial assistance under the Leisure Development Grants Scheme (Pages 17 - 24)

5. DEVELOPMENT SERVICES

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

(b) List of Delegated Decisions issued by the Director of Development Services since the last meeting (Pages 35 - 42)

(c) 04/01482/DET: Mrs Kathryn Campbell: Dwelling house and access - Garden east of Cruachan View, North Connel (Pages 43 - 50)

(d) 04/01916/DET: Simon Proud: Erection of dwelling house and garage - Land south east of Kilmore, Dervaig, Isle of Mull (Pages 51 - 56)

(e) 04/02241/DET: Duncan Strachan: Erection of a dwelling house - Land south west of New Barran Farm, Barran, Kilmore, Oban (Pages 57 - 68)

(f) 04/02291/OUT: H C MacLarty: Site for a house - Site west of Mill Farm, Barcaldine (Pages 69 - 76)

(g) 05/00019/MFF: Shian Fisheries: Proposed Shellfish Farm - Oyster Trestles - North Shian, Loch Creran (Pages 77 - 88)

(h) 05/00061/OUT: Trustees of Andrew Sandilands: Site for the erection of a dwelling house - Land South of Lagganbeg Cottage, Kilninver (Pages 89 - 100)

(i) 05/00079/DET: Scottish Water: Construction of a waste water pumping station, lay-by and ancillary works - Land adjacent to Dal na Beich, North Connel (Pages 101 - 110)

(j) 05/00318/DET: Scottish Water: Construction of a waste water treatment works - Land adjacent to Lora View, North Connel (Pages 111 - 118)

(k) 05/00245/OUT: Daniel and Elma Nee: Site for the erection of a dwelling house - Land west of Mutiara, Clachan Seil, Isle of Seil (Pages 119 - 126)

(l) 05/00531/OUT: Ken and Elizabeth Lacy, Site for the erection of a dwelling house - Land east of Acha Farm, Balvicar, Isle of Seil (Pages 127 - 138)

(m) Report by Head of Planning in regard to the Planning Design Award 2005 (To follow)

(n) Report by Head of Transportation and Infrastructure in regard to Postbus Services within the Oban, Lorn and the Isles area (Pages 139 - 140)

6. OPERATIONAL SERVICES

(a) Report by Director of Operational services in regard to play area improvement (Pages 141 - 144)

(b) Report by Area Roads and Amenity Services Manager in regard to Ganavan Sea Wall (Pages 145 - 146)

(c) Report by Area Roads and Amenity Services Manager in regard to chicane and cattle grid, Crossapol, Isle of Tiree (Pages 147 - 148)

7. PUBLIC QUESTION TIME

EXCLUSION OF THE PRESS AND PUBLIC 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 marked 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 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

The appropriate paragraph is:-

E1 – Paragraph 9 Any items 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.

8. DEEDS AND DOCUMENTS

(a) Report by Chief Solicitor in regard to Deeds and Documents issued since the last meeting (to follow)

OBAN, LORN & THE ISLES AREA COMMITTEE

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

Contact: Kenneth Macdonald, Area Corporate Services Manager - Tel: 01631 567902

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

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on TUESDAY, 5 APRIL 2005

Present: Councillor Alasdair MacDougall (Chairman) Councillor Ian Gillies Councillor Robin Banks Councillor Allan Macaskill Councillor Sidney MacDougall Councillor Duncan MacIntyre Councillor Elaine Robertson

Attending: Kenneth Macdonald, Area Corporate Services Manager Alex Taylor, Area Manager, Social Work Neil Brown, Area Roads & Amenity Services Manager Iain MacKinnon, Senior Environmental Health Officer Roy Alexander, Estates Surveyor Ian MacIntyre, Senior Planning Officer

1. APOLOGIES FOR ABSENCE

Councillor Donald McIntosh

The Chairman ruled, and the Committee agreed in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 and in terms of Standing Order 3.2.2, that four reports by the Head of Planning in regard to applications for planning permission, be dealt with at items 5(i) to 5(l) of this Minute, be taken as matters of urgency due to the need for them to be determined prior to the next ordinary meeting.

2. DECLARATIONS OF INTEREST

Councillor Alistair MacDougall declared a non-pecuniary interest in the application from Bunessan Primary School for financial assistance under the Education Development Grants Scheme, dealt with in item 4(a) of this minute.

Councillor Elaine Robertson declared a non-pecuniary interest in planning applications ref. 04/02172/OUT; 04/02173/OUT; 04/02394/OUT; 04/01978/OUT; 04/01981/OUT; 04/01984/OUT; 04/01985/OUT, dealt with in items 5(d), 5(e), 5(f), 5(i), 5(j), 5(k) and 5(l) respectively of this minute, because of her husband’s position in a firm of solicitors with an interest in these matters.

3. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 2ND MARCH 2005

The Committee approved as a correct record the Minute of the meeting held on 2nd March 2005, subject to the following amendments:

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(a) The inclusion of a supplementary paragraph (h) under the decisions in respect of item 4(j) recommending that consideration be given to the provision of a new bus service to serve Pulpit Hill, subject to the availability of appropriate funding; and (b) The insertion, after item 5, of a the standard paragraph regarding exclusion of the public from the succeeding items of business.

(b) MINUTE OF PUBLIC HEARING HELD ON 2ND FEBRUARY 2005 IN REGARD TO PLANNING APPLICATION REF. 04/00572/OUT

The Committee approved as a correct record the Minute of the public hearing held on 2nd February 2005

The Committee approved as a correct record the Minute of the site inspection meeting held on 2nd March 2005, subject to minor amendments.

(d) NOTE OF SITE INSPECTION MEETING HELD ON 2ND MARCH 2005 IN REGARD TO PLANNING APPLICATION REF. 04/01738/OUT AND 04/01789/LIB

The Committee approved as a correct record the Minute of the site inspection meeting held on 2nd March 2005

(e) NOTE OF SITE INSPECTION MEETING HELD ON 2ND MARCH 2005 IN REGARD TO PLANNING APPLICATION REF. 04/02426/DET

The Committee approved as a correct record the Minute of the site inspection meeting held on 2nd March 2005

(f) REPORT BY AREA CORPORATE SERVICES MANAGER IN REGARD TO USABLE CAPITAL RECEPITS

Members considered a report dated 14th March 2005 by the Area Corporate Services Manager in regard to the availability of a sum of £13,989.12 for allocation against projects which meet the capital criteria.

Decision:

Members agreed not to allocate any of this funding at this time and wait until there is a further allocation.

(Ref: Report dated 14th March 2005 by Area Corporate Services Manager, submitted)

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4. COMMUNITY SERVICES

(a) APPLICATION FROM BUNESSAN PRIMARY SCHOOL FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANT SCHEME

The Committee considered an application from Bunessan Primary School PTA for financial assistance under the Education Development Grant Scheme towards the cost of a residential outdoor education experience for 57 children.

Decision:

It was agreed that grant funding of £1,140 be awarded towards the estimated cost of £10,920.

(Ref: Report by Community Learning & Regeneration Manager, submitted)

(b) APPLICATION FROM THE HIGHLANDS AND ISLANDS MUSIC AND DANCE FESTIVAL FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANT SCHEME

The Committee considered an application from the Highlands and Islands Music and Dance Festival for financial assistance under the Leisure Development Grant Scheme towards the cost of promotion of the annual music and dance festival.

Decision:

It was agreed that grant funding of £2,500 be awarded towards the estimated cost of £27,000.

(Ref: Report by Community Learning & Regeneration Manager, submitted)

5. DEVELOPMENT SERVICES

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

The Committee considered, and noted, a list dated 15th March 2005 of Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 15th March 2005, submitted)

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

The Committee considered and noted a list dated 29th March 2005 of applications for planning permission in respect of which delegated decisions had been issued since the last meeting. Page 4

(Ref: List of approvals dated 29th March 2005, submitted)

(c) 04/02162/DET: A. DAWSON: ERECTION OF 2 HOLIDAY LETTING UNITS - LAND SOUTH WEST OF DRUIMARD, DERVAIG, TOBERMORY, ISLE OF MULL

Refused for the reasons set out in the report dated 9th March 2005 by the Head of Planning.

(Ref: Report dated 9th March 2005 by Head of Planning, submitted)

(d) 04/02172/OUT: MR GILBERT: SITE FOR DWELLING HOUSE - ARDSHELLACH FARM, ARDMADDY, BY OBAN

Approved subject to the conditions set out in the report dated 21st March 2005 by the Head of Planning.

(Ref: Report dated 21st March 2005 by Head of Planning, submitted)

(e) 04/02173/OUT: MR GILBERT: SITE FOR DWELLINGHOUSE - ARDSHELLACH FARM, ARDMADDY, BY OBAN

Approved subject to the conditions set out in the report dated 14th March 2005 by the Head of Planning.

(Ref: Report dated 14th March 2005 by Head of Planning, submitted)

(f) 04/02394/OUT: MR GILBERT: SITE FOR DWELLINGHOUSE - ARDSHELLACH FARM,. ARDMADDY, BY OBAN

Approved subject to the conditions set out in the report dated 21st March 2005 by the Head of Planning.

(Ref: Report dated 21st March 2005 by Head of Planning, submitted)

(g) 04/02241/DET: MR. STRACHAN: ERECTION OF A DWELLINGHOUSE - LAND SOUTH WEST OF NEW BARRAN FARM, BARRAN, KILMORE, OBAN

Approved, in principle, as a minor departure from current adopted policy, subject to (a) the conditions set out in the report dated 28th February 2005 by the Head of Planning; and (b) an additional condition in regard to the tidying up of site and removal of caravan upon completion of the house, the final wording of this condition to be submitted to the next meeting.

(Ref: Report dated 28th February 2005 by Head of Planning, submitted)

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(h) 05/00238/COU: LADBROKES LTD: PARTIAL CHANGE OF USE OF FORMER MUSEUM AND STORAGE WAREHOUSE TO CLASS 2 BETTING OFFICE - EXHIBITION CENTRE, NORTH PIER, OBAN

It was noted that the local member in this case is Councillor Sidney MacDougall, and not Councillor Banks as stated on the report.

It was moved by Councillor MacIntyre, seconded by Councillor Sidney MacDougall that this application be refused on the grounds that “The proposed external alterations to the building (specifically the use of modern aluminium polyester powder finished windows and doors; the use of modern single glazed doors; the use of large wall to floor glazing on the front elevation) would have an adverse impact on the appearance of the building and on the character and setting of the adjoining listed building and townscape policy area where traditional finishes and shop fronts predominate. The proposals are therefore contrary to policies POL BE (1) and BE (9) of the adopted Lorn Local Plan”.

It was moved by Councillor Macaskill, seconded by Councillor Gillies, as an amendment, that the application for change of use be approved as per the report dated 10th March 2005 by the Head of Planning, subject to details of the design of the shop front and rear being submitted to a future meeting for approval.

Upon a vote being taken by roll call

Motion Amendment Councillor R Banks √ Councillor I Gillies √ Councillor A Macaskill √ Councillor A √ MacDougall Councillor S √ MacDougall Councillor D MacIntyre √ Councillor E Robertson √

Accordingly the application for change of use was approved.

(Ref: Report dated 10th March 2005 by Head of Planning, submitted)

(i) 04/01978/OUT: MR S BARTON: ERECTION OF A DWELLING - PLOT 6, ICHRACHAN, TAYNUILT

Approved, subject to (a) conditions 1-4, 6, 7 and 9 as set out in the report dated 29th March 2005 by the Head of Planning; (b) the amendment of condition 5 to reflect that the approved scheme of planting and landscaping must be maintained for a period of not less than ten years; (c) the amendment of condition 8 to reflect that any external lighting must be angled downwards; and the amendment of condition 10 to reflect that the access must be surfaced in dense bitumen macadam or similar hardbound material for the first 5 metres back from the edge of the public road.

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(Ref: Report by Head of Planning dated 29th March 2005, submitted)

(j) 04/01981/OUT: MR S BARTON: ERECTION OF A DWELLING - PLOT 7, ICHRACHAN, TAYNUILT

(Ref: Report by Head of Planning dated 29th March 2005, submitted)

(k) 04/01984/OUT: MR S BARTON: ERECTION OF A DWELLING - PLOT 8, ICHRACHAN, TAYNUILT

(Ref: Report by Head of Planning dated 29th March 2005, submitted)

(l) 04/01985/OUT: MR S BARTON: ERECTION OF A DWELLING - PLOT 9, ICHRACHAN, TAYNUILT

(Ref: Report by Head of Planning dated 29th March 2005, submitted)

(m) REPORT BY HEAD OF PLANNING IN REGARD TO DESIGN AWARD

Members considered a report dated 6th April 2005 by the Head of Planning in regard to the Planning Design Award 2005.

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Decision:

It was agreed that: (a) all Members of the Area Committee are to be involved in the judging process and are to receive a presentation with good quality coloured digital photographs at the next meeting; (b) an independent Architect should be present to offer a professional perspective; and (c) that nominations numbered 2,3,4,5 and 7 should be put forward for judging.

(Ref: Report dated 6th April 2005 by Head of Planning, submitted)

(n) LETTER DATED 8TH MARCH 2005 FROM SCOTTISH EXECUTIVE INQUIRY REPORTERS UNIT IN REGARD TO PLOTS 1 -3 CLACHAN, LISMORE

Members considered, and noted, a letter dated 8th March 2005 from the Scottish Executive Inquiry Reporters Unit intimating refusal of the appeals by Messrs Fell Trustees in respect of plots 1-3, Clachan, Lismore.

(Ref: Letter dated 8th March 2005 from the Scottish Executive Inquiry Reporters Unit, submitted)

(o) REPORT BY TECHNICAL SUPPORT OFFICER IN REGARD TO FOOTPATH AT MILLPARK, OBAN

Members considered a report by the Technical Support Officer, Development Services in regard to future maintenance responsibilities for the footpath at Millpark, Oban.

Decision:

It was agreed that consideration of this item be continued to the next meeting for a full report, with photographs, addressing the issues of ownership of the path and the estimated annual maintenance costs.

(Ref: Report by the Technical Support Officer, Development Services, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY AREA ROADS & AMENITY SERVICES MANAGER IN REGARD TO GANAVAN SEA WALL

Members considered a report dated 17th March 2005 by the Area Roads and Amenity Services Manager in regard to action planned for the damaged sea wall at Ganavan.

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Decision:

It was agreed that consideration of this item be continued to the next meeting to allow the Area Roads and Amenity Services Manager to (a) advise Members of the level of funding available within the coastal protection budget; (b) advise of other projects in the Oban Lorn & the Isles area which could be funded from this budget; and (c) make an approach to the owner of Ganavan Pavilion to ascertain the level of contribution from him towards the cost of repairing the sea wall.

(Ref: Report dated 17th March 2005 by the Area Roads and Amenity Services Manager, submitted)

(b) VERBAL UPDATE BY AREA ROADS & AMENITY SERVICES MANAGER IN REGARD TO THE CHICANE AND CATTLE GRID - CROSSAPOL, ISLE OF TIREE

It was agreed that consideration of this item be continued to the next meeting for a full report to be submitted, including photographs.

Members considered, and approved, a report dated 5th April 2005 by the Area Roads and Amenity Services Manager in regard to road reconstruction and resurfacing schemes for 2005/2006.

The Area Roads and Amenity Services Manager was also asked to consider the formation of additional passing places on the Kilmore - Connel road.

(Ref: Report dated 5th April 2005 by Area Roads & Amenity Services Manager, submitted)

7. PUBLIC QUESTION TIME

Mr S Leddy, Connel Expressed concern in regard to various matters in relation to Ganavan. It was agreed that the Area Corporate Services Manager speak with Mr Leddy after the meeting.

Councillor Macaskill left the meeting at this point as he had to attend a meeting with COSLA elsewhere in Oban.

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 9 of Part 1 of Page 9

Schedule 7A to the Local Government (Scotland) Act 1973.

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO SNACK BAR SITE, MCCAIGS TOWER, OBAN

Members considered, and approved, a report dated 23rd March 2005 by the Director of Corporate Services in regard to the lease of the McCaigs Tower Snack Bar site, Oban.

(Ref: Report dated 23rd March 2005 by the Estates Surveyor, submitted)

(b) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO SNACK BAR SITE, CORRAN HALLS, OBAN

Members considered, and approved, a report dated 23rd March 2005 by the Director of Corporate Services in regard to the lease of the Corran Halls Snack Bar site, Oban.

(Ref: Report dated 23rd March 2005 by the Estates Surveyor, submitted)

Members considered a report dated 4th April 2005 by the Director of Corporate Services in regard to a request for a short term lease of an area of ground at Ledaig car park, Tobermory for the purposes of a funfair.

Decision:

It was decided to accede to the request for a short term lease as set out in the report. It was further agreed that alternative sites be investigated for future years.

(Ref: Report dated 4th April 2005 by the Estates Surveyor, submitted)

9. ENFORCEMENT ACTIONS

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

A report dated 23rd March 2005 by the Head of Planning in regard to a complaint received in respect of works carried out at a site on the Isle of Seil was considered.

Members noted that planning permission is not required.

(Ref: Report dated 23rd March 2005 by Head of Planning, submitted)

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10. DEEDS AND DOCUMENTS

(a) REPORT BY CHIEF SOLICITOR IN REGARD TO FORMAL DEEDS AND DOCUMENTS ISSUED SINCE THE LAST MEETING

Members considered, and noted, a report dated 24th March 2005 by the Head of Legal and Protective Services in regard to formal deeds and documents executed between 15th February and 23rd March 2005.

(Ref: Report dated 24th March 2005 by the Chief Solicitor, submitted)

Page 11 Agenda Item 3b

ARGYLL & BUTE COUNCIL

Note of meeting of Oban, Lorn & the Isles Area Committee to hear an objection in regard to the proposed Argyll and Bute Council (Route A849 Bunessan) (Waiting Restriction) Order 200_ held in Bunessan Hall, Isle of Mull on Thursday 10th March 2005.

Present: Councillor Alistair MacDougall (Chairman) Councillor Robin Banks Councillor Sidney MacDougall Councillor Elaine Robertson

Also Present: Mr Kenneth Macdonald, Area Corporate Services Manager Mr James Strathie, Senior Engineer, Roads and Amenity Services Mr Iain MacKinnon, Corporate Services Advisor Constable Finlay Christine, Strathclyde Police Mr Trevor Wade, Objector

Apologies: Councillor Ian Gillies Councillor Allan Macaskill Councillor Donald McIntosh Councillor Duncan MacIntyre

Declaration of Interest: None.

The meeting was called to hear an objection in regard to the proposed Argyll and Bute Council (Route A849 Bunessan) (Waiting Restriction) Order 200_. Following introductions, the Chairman outlined the procedure to be followed, and invited Mr Strathie to address the meeting.

Mr Strathie advised that the proposed Order had been drafted to address an issue which had been highlighted by the Chairman in August 2003. He outlined the terms of the proposed Order, and concluded by recommending the adoption thereof.

Mr Wade stated that his objection was not targeted at the imposition of double yellow lines as he accepted that traffic measures are required in Bunessan. His particular concern was that all that would be achieved by the current proposals would be the displacement of parked vehicles from MacDougall Place to the shop and/or opposite the bus stop. He felt that more effective measures could and should have been put forward.

Mr Strathie responded that when the issue had first been raised it had related specifically to dangerous parking at MacDougall Place. He expressed an understanding of Mr Wade’s position, but procedures prevented the addition of measures to the existing proposals to render them more onerous. He advised that the issues raised by Mr Wade could be taken forward as a separate matter by the Area Roads and Amenity Services Manager. He further advised that the Public Transport Officer is investigating the suggestion that the bus stop be relocated.

Constable Christine confirmed the view of Strathclyde Police that implementation of the terms of the proposed Order would result in an improvement to road safety.

Mr Strathie, summing up, commended the proposed Order to the Area Committee. He noted that a number of additional issues had been raised and undertook to pursue these

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with the Area Roads and Amenity Services Manager.

Mr Wade, summing up, expressed the hope that the issues raised by him in his letters would be considered favourably in early course.

Decision:

It was unanimously agreed to proceed with the Argyll and Bute Council (Route A849 Bunessan) (Waiting Restriction) Order 200_.

It was further agreed to request that officers within Roads and Amenity Services give consideration to the further issues raised by Mr Wade in his letters of objection.

Corporate Services 14th March 2005

2 Page 13 Agenda Item 4a

OBAN, LORN & THE ISLES ARGYLL AND BUTE COUNCIL AREA COMMITTEE COMMUNITY SERVICES 4th May 2005

EDUCATION DEVELOPMENT GRANTS 2005-6

1. SUMMARY

1.1 The Council has set the 2005-06 budget for Education Development Grants to Oban, Lorn and the Islands Area at £23,249.

1.2 This report presents applications for financial assistance that meet the published criteria and require the Area Committee to decide on distribution of the sums.

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendation Project Requested 2nd & 5th Oban Brownies 8,822 2,172 420 North Argyll Community To be To be advised To be advised Trust advised TOTAL £8,822 £2,172 £420

3. CONCLUSION

3.1 The list of applications contained within this report represent projects that are eligible for assistance through the Education Development Grant Scheme. The recommendations for funding of each project reflect not only the eligibility of the scheme against the Council’s criteria but also the availability of funds.

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Education Development Grants for 2005-06 will be £21,709

4. IMPLICATIONS Page 14

Policy: The recommendations are made within the policy for assistance to voluntary organisations.

Financial: The recommendations will allocate a further sum of £420 from the funds available for 2005-06.

Personnel: Nil

Equal Opportunity: The Assistance to Voluntary Organisations Scheme embraces the Council’s Equal Opportunities aims.

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

14 April 2005 Page 15 2005-06 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: 2nd &5th Oban Brownies Scheme: Education Development Cost: £8,822 Educational Trip featuring a Amount Requested: £2,172 Project: programme of visits Grant Recommended: £420 Other Funding in Place: Parental contributions

General Criteria Child Protection Y – yes; N – No; N/A – not applicable) S.M.A.R.T. Objectives demonstrated Y Have you checked that the organization is Y registered with Disclosure Scotland? Applicant’s expertise & resources adequate Y for project Have you checked that the organization is registered with the Care Commission? Y Work has not started Y (If applicable) Non political activity Y Does the organization comply with the Y Volunteer training demonstrated Y Children’s Scotland Act (2003) Project Consistent with Council priorities Y Does the organization have comprehensive recording procedures in place for all workers? Y Constitution/non-profit making status checked Y (Voluntary and Statutory) Fundraising/contribution to the project Y Does the organization have a clear Signed Audited Accounts checked Y understanding of what is meant by harm and Y risk of harm to children and young people? Bank accounts & reserves checked Y Does the organization have a code of Open membership demonstrated Y conduct, which sets out a list of acceptable Y Sponsorship agreements checked N/A and unacceptable behaviour? Does the organization have procedures for reporting a grievance and concerns made by Y Financial Check and issues raised by workers, parents, carers, children and young people? Leisure & Education Development Grants If over £2,000 have you sent this grant to N Does the organization have arrangements for regular support, which allows for any finance? Y emerging concerns about workers behaviour Social Welfare Grants. to be discussed and addressed? Has it been registered with the Lochgilphead Does the organization have a good practice central support team, who will send it to Y finance. (All SWG go to finance for checking) guide? Does the organization have an equal Y Project funding opportunity policy? Application within 50% of total costs Y Does the organization have disciplinary procedures for dealing with continuing serious Y Statutory permissions obtained N/A concerns about a workers conduct? Three written estimates submitted N/A Does the organization have procedures for Y Ownership/leasehold checked N/A managing confidential information? Provision for on-going running & N/A maintenance checked Publicity plans for A&B inclusion checked Y Page 16

Additional Information

The Guides Association provides a unique resource to girls, young women and adults within the Oban area. The principles of Guiding encourage girls and young woman to develop their potential and to contribute positively to society. A five day residential programme of trips and visits for 21 girls and 10 adults is planned for August 2005. Assistance is sought towards reducing the parental contribution from low income and one parent families.

Specific Criteria

The application satisfies Education Development Grant criteria, as the proposed project will contribute to the children’s personal development, health and wellbeing.

Signed: Assessment Officer

Date:

Page 17 Agenda Item 4b

ARGYLL AND BUTE COUNCIL OBAN, LORN & THE ISLES AREA COMMITTEE COMMUNITY SERVICES th 4 May 2005

LEISURE DEVELOPMENT GRANTS 2005-06

1. SUMMARY

1.1 The Council has set the 2005-06 budget for Leisure Development Grants to Oban, Lorn and the Islands Area at £21,257.

1.2 This report presents applications for financial assistance that meet the published criteria and require the Area Committee to decide on distribution of the sums.

2. RECOMMENDATIONS

2.1 Members are recommended to consider the following applications.

Applicant Cost of Amount Recommendation Project Requested Lorne Indoor Bowling Club 4,400 2,200 1,000 Eilean Eisdeal Trust 6,915 682 500 Oban 03 Football Club 1,790 895 750 North Argyll Community Trust To be To be To be advised advised advised Totals £13,105 £3,777 £2,250

3. CONCLUSION

3.1 The list of applications contained within this report represent projects that are eligible for assistance through the Leisure Development Grant Scheme. The recommendations for funding of each project reflect not only the eligibility of the scheme against the Council’s criteria but also the availability of funds.

3.2 Should members decide to accept the above recommendations, the remaining allocation of funds for Leisure Development Grants for 2005- 06 will be £17,007

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4. IMPLICATIONS

Policy: The recommendations are made within the policy for assistance to voluntary organisations.

Financial: The recommendations will allocate a further sum of £2,250 from the funds available for 2005-06.

Personnel: Nil

Equal Opportunity: The Assistance to Voluntary Organisations Scheme embraces the Council’s Equal Opportunities aims.

For further information contact: David Craig Telephone 01631 562466

LIST OF BACKGROUND PAPERS:

1. Application forms and supplementary information from applicants.

14 April 2005 Page 19 2005-06 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Lorne Indoor Bowling Club Scheme: Leisure Development Cost: 4,400 Amount Requested: 2,200 Project: Renew Indoor Bowling Surface. Grant Recommended: 1,000 Other Funding in Place: 2,200

General Criteria Child Protection Y – yes; N – No; N/A – (not applicable) Have you checked that the organization is N/A S.M.A.R.T. Objectives demonstrated N registered with Disclosure Scotland? Applicant’s expertise & resources adequate Y Have you checked that the organization is for project registered with the Care Commission? N/A Work has not started Y (If applicable) Does the organization comply with the Non political activity Y N/A Children’s Scotland Act (2003) Volunteer training demonstrated N/A Does the organization have comprehensive Project Consistent with Council priorities Y recording procedures in place for all N/A Constitution/non-profit making status checked Y workers? (Voluntary and Statutory) Fundraising/contribution to the project Y Does the organization have a clear understanding of what is meant by harm and Y Signed Audited Accounts checked Y risk of harm to children and young people? Bank accounts & reserves checked Y Does the organization have a code of Open membership demonstrated Y conduct, which sets out a list of acceptable Y and unacceptable behaviour? Sponsorship agreements checked N/A Does the organization have procedures for

reporting a grievance and concerns made by Y and issues raised by workers, parents, Financial Check carers, children and young people? Leisure & Education Development Grants Does the organization have arrangements If over £2,000 have you sent this grant to Y for regular support, which allows for any N/A finance? emerging concerns about workers behaviour Social Welfare Grants. to be discussed and addressed? Has it been registered with the Lochgilphead Does the organization have a good practice Y central support team, who will send it to N/A guide? finance. (All SWG go to finance for Does the organization have an equal checking) Y opportunity policy?

Project funding Does the organization have disciplinary Application within 50% of total costs Y procedures for dealing with continuing Y serious concerns about a workers conduct? Statutory permissions obtained N/A Does the organization have procedures for N/A Three written estimates submitted 2 managing confidential information? Ownership/leasehold checked N/A Provision for on-going running & Y maintenance checked Publicity plans for A&B inclusion checked Y Page 20

Additional Information

The original matt has deteriorated to the point that the surface is no longer at an acceptable performance standard. This results in a slower running speed and causes problems during off-season training and importantly, when hosting interclub indoor competitions.

Lorne Indoor Bowling Club has indicated that its membership is predominately adult (18+) and as a result there no requirement to comply with the Child Protection Legislation.

Specific Criteria

Sports and physical activity is recognised as increasing the overall health of the communities of Argyll and Bute. Sports Clubs and Organisations are encouraged to assist the development of local opportunities through projects and schemes, which enhance performance and increase participation, and the quality of coaching.

Signed: Assessment Officer

Date:

Page 21 2005-06 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Eilean Eisdeal Trust Scheme: Leisure Development Cost: 6,915 A year round programme of Amount Requested: 682 Project: arts/theatre events and workshops Grant Recommended: 500 Other Funding in Place: Arts Council 3,333

General Criteria Child Protection Y – yes; N – No; N/A – not applicable) # See additional information S.M.A.R.T. Objectives demonstrated Y Have you checked that the organization is Y registered with Disclosure Scotland? Applicant’s expertise & resources adequate Y for project Have you checked that the organization is registered with the Care Commission? Y Work has not started Y (If applicable) Non political activity Y Does the organization comply with the # Volunteer training demonstrated Y Children’s Scotland Act (2003) Project Consistent with Council priorities Y Does the organization have comprehensive recording procedures in place for all workers? # Constitution/non-profit making status checked Y (Voluntary and Statutory) Fundraising/contribution to the project Y Does the organization have a clear Signed Audited Accounts checked Y understanding of what is meant by harm and Y risk of harm to children and young people? Bank accounts & reserves checked Y Does the organization have a code of Open membership demonstrated Y conduct, which sets out a list of acceptable # Sponsorship agreements checked N/A and unacceptable behaviour? Does the organization have procedures for reporting a grievance and concerns made by # Financial Check and issues raised by workers, parents, carers, children and young people? Leisure & Education Development Grants If over £2,000 have you sent this grant to Does the organization have arrangements for regular support, which allows for any finance? # emerging concerns about workers behaviour Social Welfare Grants. to be discussed and addressed? Has it been registered with the Lochgilphead Does the organization have a good practice central support team, who will send it to # finance. (All SWG go to finance for checking) guide? Does the organization have an equal # Project funding opportunity policy? Application within 50% of total costs Y Does the organization have disciplinary procedures for dealing with continuing serious # Statutory permissions obtained N/A concerns about a workers conduct? Three written estimates submitted N/A Does the organization have procedures for Y Ownership/leasehold checked Y managing confidential information? Provision for on-going running & Y maintenance checked Publicity plans for A&B inclusion checked Y Page 22

Additional Information

The Trust is seeking Financial assistance towards the promotion of an ambitious year long programme of performing arts events and art/craft workshops in its recently refurbished Community Hall on Easdale Island. Twenty one events are planned, some specifically targeted at local children.

# Eilean Eisdeal Trust, when informed of recent developments in Child Protection Legislation, undertook to revise its policies and working practices to ensure compliance. Model policies and codes of conduct were provided and those are currently subject to amendment and adoption by the Trust. Events commence in May. Consequently to avoid a retrospective application, a decision is sought in principal, with any award being conditional upon the Trust demonstrating full compliance with the legislation.

Specific Criteria

The organisation provides a valuable platform for local adults, children and young people to experience live theatre and musical productions, plus develop skills in both the performing arts and in art and crafts. The application meets the Leisure Development criteria in terms of satisfying a demand from the local community for new events and arts projects. It will in addition enhance existing arts provision and have a significant, beneficial impact on residents on the difficult to access island.

Signed: Assessment Officer

Date:

Page 23 2005-06 ASSISTANCE TO VOLUNTARY ORGANISATIONS ASSESSMENT FORM

Applicant: Oban 03 Football Club (11-16yrs) Scheme: Leisure Development Cost: 1,790 Participation in a two day Football Amount Requested: 895 Project: Tournament. Grant Recommended: 750 Other Funding in Place: From participants

General Criteria Child Protection Y – yes; N – No; N/A – not applicable) S.M.A.R.T. Objectives demonstrated Y Have you checked that the organization is Y registered with Disclosure Scotland? Applicant’s expertise & resources adequate Y for project Have you checked that the organization is registered with the Care Commission? N/A Work has not started Y (If applicable) Non political activity Y Does the organization comply with the Y Volunteer training demonstrated Y Children’s Scotland Act (2003) Project Consistent with Council priorities Y Does the organization have comprehensive recording procedures in place for all Y Constitution/non-profit making status checked Y workers? (Voluntary and Statutory) Fundraising/contribution to the project Y Does the organization have a clear Signed Audited Accounts checked Y understanding of what is meant by harm and Y risk of harm to children and young people? Bank accounts & reserves checked Y Does the organization have a code of Open membership demonstrated Y conduct, which sets out a list of acceptable Y Sponsorship agreements checked N/A and unacceptable behaviour? Does the organization have procedures for reporting a grievance and concerns made by Y Financial Check and issues raised by workers, parents, carers, children and young people? Leisure & Education Development Grants If over £2,000 have you sent this grant to N/A Does the organization have arrangements for regular support, which allows for any finance? Y emerging concerns about workers behaviour Social Welfare Grants. to be discussed and addressed? Has it been registered with the Lochgilphead Does the organization have a good practice central support team, who will send it to Y finance. (All SWG go to finance for checking) guide? Does the organization have an equal Y Project funding opportunity policy? Application within 50% of total costs Y Does the organization have disciplinary Statutory permissions obtained N/A procedures for dealing with continuing Y serious concerns about a workers conduct? Three written estimates submitted N/A Does the organization have procedures for Y Ownership/leasehold checked N/A managing confidential information? Provision for on-going running & N/A maintenance checked Publicity plans for A&B inclusion checked Y

Page 24

Additional Information

Oban 03 Football Club attracts young people in the 11-16 age range. The organisation is seeking financial assistance towards projected expenditure on travel, accommodation, meals and fees arising from a two day Football Tournament in Glasgow. A small number of potential participants are from low income families and have indicated they cannot meet the full economic cost of participation. If successful, the club plans to significantly reduce the contribution required from those young people and lower the cost to the remainder.

Specific Criteria

The application meets the Leisure Development Scheme criteria as it demonstrates a combination of the following; • Increasing participation in sports • Raising the quality of coaching • Improving facilities for sports, linked with increased participation • Providing new opportunities and facilities for local communities

Signed: Assessment Officer

Date:

Page 25 Agenda Item 4c

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

HOUSING SERVICES 4th MAY 2005

LIFT ACCESS TO MACDOUGALL PLACE, BUNESSAN, ISLE OF MULL

1. SUMMARY

1.1 This report provides members with details of proposals to provide a lift facility at MacDougall Place, Bunessan.

1.2 MacDougall Place was constructed in 1979 and there are six properties. The complex comprises 2 detached houses and four flats. Access to the upper flats and both detached properties is by a series of outside steps.

1.3 The warden service provides support and assistance to tenants between 9am and 3.30pm on a daily basis, with a call out service being available to tenants in the evenings and overnight in case of emergencies.

1.4 There is a communal lounge facility available to tenants located at ground level, along with office accommodation for the warden.

1.5 The access to the upper properties can be problematic for elderly tenants, and consequently a lift would provide enhanced facilities to tenants.

1.6 The MacDougall Bequest Trust Fund of £50,000 was paid to Argyll County Council to build an eventide home on the Ross of Mull with the residue of the estate being used for the upkeep of the eventide home. Application was made to the Court of Session to vary the terms of the bequest to permit sheltered housing to be built instead of the eventide home. The Court ordered that the bequest be paid to the County Council but no other comment was made. If an objection was taken to the use of the funds in a particular way then there is a risk that the Council could have to pay the costs themselves and repay the Trust Fund the cost. The annual income from interest is around £20,000 per annum. This could assist funding the installation of a lift, which would provide a considerable resource to elderly people in the area.

2. RECOMMENDATION

2.1 That members approve the recommendation that:

• A lift is installed at MacDougall Place to provide improved access for tenants. • The MacDougall Bequest Trust Fund provide the necessary resources to implement the above proposals from the interest available from both 2004-05 and 2005-06 of £40,000 approx.

Page 26

3. DETAIL

3.1 Funding for the provision of Sheltered Housing at MacDougall Place, Bunessan, was provided by the bequest to Argyll County Council made by John William MacDougall. The Sheltered Housing was built instead of an eventide home for the Ross of Mull. The Court of Session agreed to this variation in the terms of the will and the remaining funds are held in a trust fund, the MacDougall Bequest.

3.2 There are no other Sheltered Housing facilities in the Ross of Mull and people who apply to live there are often frail and elderly and require the extra support that the unit provides.

3.3 Due to the configuration of the properties, as tenants become more frail they are often less able to negotiate the steps and assistance has to be provided. This not only takes away independence and freedom of choice but is not a cost effective use of carer’s time.

3.4 Providing a lift would upgrade the access to these properties and allow greater freedom and comfort for the elderly getting out and about. The complex would also be able to meet the needs of a wider range of applicants in future.

3.5 Tenants and the Wardens are enthusiastic about the proposals and the Occupational Therapy Service in Mull also supports the plan.

3.6 Costs for the provision of a lift are estimated at £30,000 and the interest from the MacDougall Bequest could fund this project. Over the financial years 2004-05 and 2005-06 the interest will be in the order of £40,000. The terms of the bequest are specific and state that funds should be used for the benefit of elderly residents of the Ross of Mull.

4 CONCLUSION

4.1 The provision of a lift at MacDougall Place, Bunessan would enhance the services and facilities provided by Argyll and Bute Council to vulnerable elderly tenants. Additionally, it is likely that with a lift in place, the complex would be able to service a wider range of clients needs, thereby providing enhanced community care facilities to a remote and isolated settlement.

Iona MacPhail Area Housing Manager

27 April 2005 Page 27

Ground Floor Access with Access to Upper Properties Above

Rear Access at MacDougall

Page 28

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

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

04/00984/MTP John F & Catherine M Paterson 18/05/2004 01/07/2004 23/03/2005 WARAPP

The Manse Dalmally Argyll PA33 1AS

Alter and Extend House and Outbuilding; Erect Double Garage

04/01916/ERD Ardanaiseig Hotel 28/09/2004 13/12/2004 01/04/2005 WARAPP

Ardanaiseig Hotel Kilchrenan Taynuilt Argyll PA35 1HE Change of use to dwelling (hotel residence) on existing boathouse structural wallhead/foundations

04/02160/ERD Colin Morrison 03/11/2004 16/12/2004 07/04/2005 WARAPP

Land West Of Cnoc Deachuinn, Penmore Dervaig Tobermory Isle Of Mull Erection of Dwelling House with Balmoral BST 38 (3800) septic tank and associated piped irrigation system, and oil storgae tank

04/02262/ERD Mr And Mrs Maclean 17/11/2004 02/03/2005 06/04/2005 WARAPP

The Garage Breadalbane Street Oban Argyll

Change of Use from commercial repair garage to three letting units (1C dwellings)

04/02318/MTP Alexander McDonald 26/11/2004 03/03/2005 01/04/2005 WARAPP

30 Balephetrish Scarinish Isle Of Tiree PA77 6UY

Kitchen/dining extension and alterations to dwelling house

04/02456/EXT Mr And Mrs J Smith 16/12/2004 30/01/2005 25/03/2005 WARAPP

Old Mill Cottage & Restaurant Lochdon Isle Of Mull PA64 6AP Change of use with alterations and extension to form sun lounge, ex restaurant and WC to letting bedroom with en suite, and DWC, and residents lounge to dining room

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 April 2005 Page 1 of 5 Page 30 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02495/ERD Mull Homes Ltd 23/12/2004 01/02/2005 13/04/2005 WARAPP

Land Opposite Jarvisfield Road Salen Isle Of Mull

Erection of a dwellinghouse (plot 1 as a manse)

04/02518/EXT Mr Mrs T Baney 30/12/2004 06/01/2005 29/03/2005 WARAPP

Orchy Bheag Dalmally Argyll PA33 1AX

Erection of heated conservatory to rear elevation

04/02524/ALT Argyllshire Gathering 30/12/2004 13/03/2005 06/04/2005 WARAPP

Argyllshire Gatherings Battery Terrace Ardconnel Road Oban Argyll PA34 5DN Internal alterations to toilets, bar, servery, stair enclosure and entrance hall adjacent to drawing room

05/00029/EXT Mr And Mrs Anderson 12/01/2005 12/02/2005 05/04/2005 WARAPP

Melfort House Kilmelford Oban Argyll PA34 4XD

Extension of Dwelling

05/00058/MTP Mr Mrs I Hepburn 20/01/2005 13/02/2005 09/04/2005 WARAPP

Geat-Nan-Croisean Calgary Tobermory Isle Of Mull

Timber framed extension to front, side and rear elevations (Porch exempt), and internal alterations to dwelling house.

05/00064/MTP Mr Mrs J Norman 20/01/2005 13/02/2005 24/03/2005 WARAPP

Traighuiane Tri Arduaine Oban Argyll

Alterations and extension to form sun lounge

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 April 2005 Page 2 of 5 Page 31 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00102/EXT Mr Mrs M King 27/01/2005 01/02/2005 25/03/2005 WARAPP

7 Nant Drive Soroba Oban Argyll PA34 4LA

Alterations and Extension to Dwelling House

05/00106/ERD A Stevens 27/01/2005 05/03/2005 08/04/2005 WARAPP

Kilmore Dervaig Tobermory Isle Of Mull PA75 6QN

Erection of Findlodge Type 5 self-catering holiday chalet

05/00123/ALT Mr R Morton 01/02/2005 16/02/2005 08/04/2005 WARAPP

The Beach Health Club Oban Ltd Lochavullin Road Oban Argyll PA34 4PL Alterations and sub-division of existing warehouse to form two units

05/00124/ALT Dr Garret Macfarlane 01/02/2005 16/03/2005 29/03/2005 WARAPP

Glencoe Ardconnel Road Oban Argyll PA34 5DW

Alterations of window to form door

05/00170/ERD Mr Paul Drew 07/02/2005 13/02/2005 23/03/2005 WARAPP

The Tin Church Easdale Oban Argyll PA34 4RF

Stage 1 - underground drainage system comprising - installation of septic tank with associated underground drainage and soakaway system.

05/00177/ALT Dr M Mackay-James 08/02/2005 28/03/2005 09/04/2005 WARAPP

Luachrach Glencruitten Oban Argyll PA34 4QB

Alterations and Refurbishment of Dwelling House

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 April 2005 Page 3 of 5 Page 32 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00221/ALT Oban War And Peace Museum 15/02/2005 07/03/2005 06/04/2005 WARAPP

Oban Times Buildings Corran Esplanade Oban Argyll PA34 5PX Subdivision and alterations to form Museum.

05/00224/AOW George Campbell 15/02/2005 18/02/2005 06/04/2005 WARAPP

Land North West Of The Old Kirk Taynuilt Argyll

Erection of crofthouse amended proposal of 01/00823/ERD to reposition ramp to rear door, doors between lounge and conservatory, steps to garage and conservatory and oil tank

05/00311/ALT Mr Mrs Bossard 28/02/2005 09/03/2005 05/04/2005 WARAPP

Gallery Restaurant Gibraltar Street Oban Argyll PA34 4AY Alteration to external wall to increase door width and install inward opening French doors

05/00320/ALT West Highland Housing Association Limited 01/03/2005 21/03/2005 06/04/2005 WARAPP

1-12 Richard Court Oban Argyll PA34 5BB

Refurbishment of building and development of external works (flats 1-12)

05/00340/ALT Munro's Garage 03/03/2005 15/03/2005 08/04/2005 WARAPP

Munros Lochavullin Road Oban Argyll

Proposed alterations to former warehouse premises to form storage facility

05/00426/AOW A J Gascoigne 16/03/2005 23/03/2005 23/03/2005 WARAPP

Seafood And Oyster Bar Misty Isles Cottage Ellenabeich Easdale Oban Argyll Change of use and alterations/extension of restaurant with bar servery to bar, restaurant, brewery and owners' accommodation amended to - 04/02267/COU - for variations to doors and emergency lighting.

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 13 April 2005 Page 4 of 5 Page 33 Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00434/ALT Mr Mrs Gordon And Gillian Anderson 17/03/2005 23/03/2005 23/03/2005 WARAPP

2 Creag Bhan Village Glengallan Road Oban Argyll PA34 4BF Alteration to dwelling house to remove non-loadbearing partition between kitchen and dining room

05/00490/AOW Oban Youth Cafe Project 24/03/2005 24/03/2005 01/04/2005 WARAPP

4 Albany Terrace George Street Oban Argyll PA34 5NY Alterations and change of use to form Oban Youth Cafe Project amendment to 02/0156/COU for open hatch in exisitng stud wall and new doorway into kitchen with partition separating kitchen from lobby, and formation of store. 05/00491/AOW Quarry Road Ltd Per W Bonniwell C/o Flit Self Drive 24/03/2005 04/04/2005 04/04/2005 WARAPP

Woodrows Of Dunfermline Lochavullin Road Oban Argyll PA34 4PL External alterations and Sub Division of Existing Industrial Unit amendment to 04/02059/COU for sub division into four units (three x group 4 and one x group 7B) and blocking doorway from unit 1 display area into store 2 05/00495/MTP Mr Ian Stevens 29/03/2005 04/04/2005 04/04/2005 WARAPP

An Cala Erray Road Tobermory Isle Of Mull

Change of use bedroom to bathroom and installation oil-fired central heating boiler with balanced flue passing through combustible wall.

05/00498/AOW Mrs Judith Boyd 29/03/2005 31/03/2005 01/04/2005 WARAPP

Mill House Cornaigmore Scarinish Isle Of Tiree PA77 6XA Relocation of bathroom and alteration of kitchen amended proposal to 02/00297/ALT - installation of upstairs shower room, solid ground supported floor with DPM and installation of oil storage tank

05/00585/ALT Mr Philip Miles Townend 11/04/2005 11/04/2005 11/04/2005 WARAPP

Highfields Ardtun Bunessan Isle Of Mull PA67 6DH

Installation of 1800 lt bunded oil storage tank and external combi central heating boiler

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

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

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

13 April 2005 Page 1 of 7 Page 36 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00630/WGS Forestry Commission 30/03/2005 12/04/2005 NOO

Rossal Forest Pennyghael Isle Of Mull

Woodland Grant Scheme

05/00626/PNELEC SSE Power Distribution 30/03/2005 06/04/2005 NOO

Inverawe Smokehouses Inverawe Taynuilt Argyll PA35 1HU

New electricity supply

05/00609/PNELEC SSE Power Distribution 29/03/2005 06/04/2005 NOO

Polfearn Hotel Taynuilt Argyll PA35 1JQ

Erectionn of a new 11KV Wood Pole

05/00547/FDP Forestry Commission Scotland 18/03/2005 23/03/2005 NOO

Keppochan Forest 2005 Keppochan Cladich Dalmally Argyll

Forestry Grant Scheme

05/00523/HYDRO SSE Power Distribution 16/03/2005 23/03/2005 NOO

Land Adjacent To Rowanbank Dalmally Argyll

Installation of 11kv substation

05/00522/HYDRO SSE Power Distribution 15/03/2005 24/03/2005 NOO

Arduaine Farm Arduaine Oban Argyll PA34 4XQ

11kv overhead line deviation

05/00501/OUT J And A Gardener 14/03/2005 13/04/2005 WDN

Site North West Of Kennacraig Ardchattan Oban Argyll

Site for the erection of dwelling house

05/00496/OUT Awe Holdings Limited 11/03/2005 06/04/2005 PER

Land East Of Achnasmeorach Kilchrenan Taynuilt Argyll

Site for Erection of Dwellinghouse - Renewal of Consent 02/00555/OUT

13 April 2005 Page 2 of 7 Page 37 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00494/DET Scottish Power PLC 11/03/2005 07/04/2005 PER

Cruachan Power Station Lochawe Dalmally Argyll PA33 1AN

Renewal of Previous Temporary Consent 02/01205/DET - Formation of Contractors Temporary Site Compound

05/00422/TELNOT N.A.T.S. 03/03/2005 21/03/2005 NOO

National Air Traffic Services Ltd Tower Beinn Mhurstat Hough Scarinish Isle Of Tiree PA77 6XE Erection of 8.0m galvanised steel circular hollow, installation of 1.8m 'Gridpack' dish antenna and a shrouded yagi antenna. 05/00420/TELNOT National Air Traffic Services 03/03/2005 21/03/2005 NOO

Radar Station Scarinish Isle Of Tiree

Erection of 1 no. 8.5m lattice tower, 1 no. 4.0m antenna dish, 1 no. 6.7m galvanised steel pole and shrouded yagi antenna.

05/00397/PNAGRI Rosemary J Burgess 01/03/2005 21/03/2005 PER

13b Creich Dail An Inbhire Fionnphort Isle Of Mull

Erection of Polytunnel

05/00379/DET West Highland Housing Association Limited 01/03/2005 24/03/2005 PER

1 Richard Court Oban Argyll PA34 5BB

Refurbishment of Building (Flats 1-12) and Development of External Works

05/00329/DET Kenneth And Jessie Allaway 23/02/2005 18/03/2005 PER

Mill Farmhouse Barcaldine Oban Argyll PA37 1SE

Bedroom Extension to Dwellinghouse

05/00322/DET Mr And Mrs H Buchanan 22/02/2005 04/04/2005 PER

Site Adjacent To Dunsheen Benderloch Oban Argyll

Erection of Dwellinghouse

05/00317/WGS Mr R Schuster 18/02/2005 21/03/2005 NOO

Duiletter Farm Lochawe Dalmally Argyll PA33 1AP

Forestry Grant Scheme Glen Strae

13 April 2005 Page 3 of 7 Page 38 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00316/WGS Mr R Schuster 18/02/2005 21/03/2005 NOO

Glen Kinglass Woodland Taynuilt Argyll

Forestry Grant Scheme proposal

05/00257/ADV Oban War And Peace Museum 15/02/2005 21/03/2005 PER

Oban Times Buildings Corran Esplanade Oban Argyll PA34 5PX Erection of signage

05/00254/DET Mr Mrs F K Beaton 15/02/2005 22/03/2005 PER

The Glaic Taynuilt Argyll

Rehabilitation of Dwellinghouse

05/00252/COU Allan Coulson 15/02/2005 23/03/2005 PER

Baddarroch Dalmally Argyll PA33 1AA

Change of Use and Extension of former Pharmacy and Post Office to form Private Garage

05/00243/DET Mr Mrs Macinnes 14/02/2005 30/03/2005 PER

Ruanaich Isle Of Iona PA76 6SP

Extension to Dwellinghouse

05/00214/DET Dunstaffnage Marina Limited 11/02/2005 11/03/2005 PER

Dunstaffnage Yacht Centre Dunbeg Oban Argyll PA37 1PX

Alterations to Marina Head Office - amendment to previous approval (ref. 04/00169/DET)

05/00213/FDP Forestry Commission 08/02/2005 23/03/2005 NOO

Lettermore Woodland Aros Isle Of Mull

Felling and Restocking

05/00212/DET Tiree Development Partnership 04/03/2005 12/04/2005 PER

Land South West Of Beinn Hough Scarinish Isle Of Tiree

Erection of 15m Tubular Steel Mast complete with wind measuring equipment - Temporary for 12 Months

13 April 2005 Page 4 of 7 Page 39 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00207/DET Mr And Mrs R Blacoe 07/02/2005 16/03/2005 PER

Plot 2 Fountainhead Bunessan Isle Of Mull

Erection of Dwelling House

05/00203/LIB Argyllshire Gathering 07/02/2005 11/03/2005 PER

Office & Hall Breadalbane Street Oban Argyll PA34 5NZ

Internal Alterations to hall

05/00192/DET Mr Patrick Rutherford 28/02/2005 07/04/2005 PER

Lochan-A-Bhaigh Isle Of Coll PA78 6TE

Installation of Septic Tank

05/00185/OUT Ms Lorna Mcgrigor 03/02/2005 24/03/2005 PER

Land West Of Larach Bhan Kilchrenan Taynuilt Argyll

Site for Erection of Dwellinghouse

05/00172/DET Mr Mrs Macdonald 09/02/2005 18/03/2005 PER

Caol-Ithe Isle Of Iona PA76 6SP

Demolition of Dwellinghouse and Outbuildings and Erection of Dwellinghouse and Bothy

05/00156/OUT Mr Mrs J Sutherland 01/02/2005 06/04/2005 PER

Land South East Of Dunfraoch Achaleven Connel Oban Argyll

Site for the erection of dwelling house

05/00123/REM D And S Orr 27/01/2005 22/03/2005 WDN

Land South Of Seabank Cottage Benderloch Oban Argyll

Formation of Access

05/00117/COU Mrs C Ritchie 26/01/2005 16/03/2005 PER

Land South Of Eorabus House Croft 2 Ardtun Bunessan Isle Of Mull Conversion of Barn to form Dwelling House

13 April 2005 Page 5 of 7 Page 40 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

05/00111/OUT R A Campbell Gibson 01/02/2005 31/03/2005 PER

Land West Of Pier Cottages Kilmelford Oban Argyll

Site for Erection of Dwelling House

05/00106/DET Mr Angus Callum Robertson 28/01/2005 06/04/2005 PRE

Land West Of Sithean Dervaig Road Tobermory Isle Of Mull

Erection of Dwellinghouse

05/00089/DET Sheila Richard 07/02/2005 21/03/2005 PER

Croitchuarain Dalmally Argyll PA33 1BB

Erection of a 19.2 metre Windmill for Electricity (24v)

05/00062/REM Paul Depledge 19/01/2005 31/03/2005 PER

Land South Of Drive Cottage Gruline Isle Of Mull

Erection of Dwellinghouse

04/02542/DET McNiven Electrics 13/01/2005 06/04/2005 PER

Mossfield Workshop Mossfield Drive Oban Argyll

Erection of Replacement Workshop

04/02539/DET Argyll College 29/12/2004 06/04/2005 PER

Land North Of Dunstaffnage Marine Research Laboratory Dunbeg Oban Argyll Erection of New Nursery Building - Amended Proposal to 02/01149/DET

04/02473/OUT Yasha Livingstone 10/01/2005 21/03/2005 PER

Land North East Of Drumlang Cottage Drumlang Estate Gruline Isle Of Mull Development of 3 Holiday Chalets

04/02446/COU Ian Fairburn 12/01/2005 21/03/2005 PER

Dalavich Primary School Dalavich Taynuilt Argyll

Change of Use of School to Dwellinghouse with Letting Bedrooms

13 April 2005 Page 6 of 7 Page 41 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE OBAN, LORN AND THE ISLES

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

04/02383/OUT Colin Kennedy 03/12/2004 10/03/2005 PER

Land South Of Arinagour Primary School Carnan Road Arinagour Isle Of Coll Site for the erection of a dwelling house

04/02345/CONAC Mr Richard West 15/12/2004 23/03/2005 PER

Morvern Rockfield Road Tobermory Isle Of Mull

Demolition of Stone Retaining Wall

04/02325/LIB David Henry James 29/11/2004 16/02/2005 PER

Glencruitten House Glencruitten Oban Argyll PA34 4QB

Change of use of Class 9 dwellinghouse to Class 7 multiple occupancy property/religious community

04/02236/OUT Andrew Paul Burrows 03/12/2004 21/03/2005 PER

Land To The West Of Torastan Isle Of Coll

Site for Erection of Dwelling House

04/01678/DET Andrew And Rosalyn Keppie 24/08/2004 31/03/2005 PER

Cruachan Filling Station Lochawe Dalmally Argyll PA33 1AW

Formation of 2 no accesses and private roads and associated servicing (water and electricity)

04/01062/DET George Gage And Donna Ferguson 07/06/2004 24/03/2005 PER

Land To The East Of Hallival Letterwalton Benderloch Oban Argyll Erection of dwelling house and septic tank drainage

13 April 2005 Page 7 of 7 Page 42

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DEVELOPMENT SERVICES Local Member - Councillor Elaine Robertson PLANNING APPLICATION REPORT Date of Validity - 23rd July 2004 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

7th April 2005

Reference Number: 04/01482/DET Applicants Name: Mrs Kathryn Campbell Application Type: Detailed Planning Permission Application Description: Dwelling house and access. Location: Garden east of Cruachan View, NORTH CONNEL.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a house. • Formation of a new access to the public road based on an existing access.

(B ) RECOMMENDATION

The application is recommended for refusal for the reasons set out on the attached page.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

DEVELOPMENT PLAN.

In North Connel, Policy HO 22 restricts the development of new houses to areas delineated on the inset map which forms part of the Adopted Lorn Local Plan. The application site is outwith the HO 22 areas and therefore contrary to the policy of the adopted plan.

The Finalised Argyll and Bute Local Plan includes the site within the settlement zone. Policies for such areas favour infill, rounding off and redevelopment. Under this plan the development proposed would, in principle, satisfy the settlement policy. At this early stage in the progress of the plan developments which are contrary to current policy but which can be justified in terms of emerging policy must be considered premature due to the fact that the emerging plan is imminently going to go through a public consultation phase and the proposal falls to be refused for this reason.

ACCESS and VISIBILITY.

With the prevailing road conditions at the site, the Area Roads Manager would normally seek 90 metres of visibility in each direction. In this case a bend to the south west of the site limits the possible visibility to 41m, but the Area Roads Manager considers this to be adequate given the slowing effect of the bend. To the north east only 13m is possible on land within the application site. An adequate visibility splay can only be formed over land in the adjacent ownership which is presently occupied by a frontage hedge which obscures the required sight lines. The adjacent owner is not prepared to enter into a Section 75 Agreement on terms acceptable to the applicant. The applicant has requested that the application be approved on the basis of the best visibility achievable within the application site.

The applicant contends that a condition requiring a Section 75 agreement is onerous because:

1. The established access is in regular use.

2. The proposal improves the current access.

3. There is a speed limit.

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4. The sight line issue is marginal.

The visibility issue is not, in my opinion, marginal. The possible visibility is far below that normally expected in relation to the established speed limit (ie 77metres short of the requisite 90 metres), and there can be no doubt that the intensification of the use of a remodelled, currently substandard access will increase the dangers to roads users in the vicinity of the site.

SETTING LAYOUT AND DESIGN.

Policy BE 12 of the Adopted Lorn Local Plan and Policy LP ENV 19 and Appendix A of the Argyll and Bute Finalised Local Plan (see Appendix below) seek to secure developments which respect their setting, which are of appropriate layout and density and which are of a design compatible with their surroundings.

In this case the site is to the side of a pair of traditional cottages. Those cottages are located close to the road and form a tight grouping. The site has capacity for a building of similar scale to the existing buildings, and in a broadly similar position relative to the road. Such a development would fit in to the pattern of development and its surroundings.

The proposed siting and design show a house which is set back from the road and skewed away from the alignment of the adjacent cottages. The proposed building has a poorly proportioned, square plan and gables spanning 10 metres. This will appear out of scale alongside the existing buildings and give the site a cramped, over-developed appearance.

(D ) CONCLUSION

The proposal is contrary to the adopted plan and premature in terms of the draft local plan. In addition, the site cannot be safely accessed and the proposed building is of inappropriate design. In view of these considerations, I recommend refusal.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/01482/DET.

1. The existing junction with the North Connel to Bonawe road has restricted visibility in both directions, 2.4 metres x 41 metres to the southwest and 2.4 metres x 13 metres to the northeast. The current proposal for the erection of a dwelling house on this site will increase the amount of traffic entering and exiting this substandard junction, and as such it is considered necessary to require improvements to the junction. The Council’s Area Roads Manager has advised that the standard of visibility for the junction should be 2.4 metres by 90 metres in each direction, however, as this is an existing access, it is considered that improving the northern visibility splay to 2.4 metres x 90 metres only would represent sufficient improvements to the junction commensurate with the scale of the development. The applicant cannot achieve the required improvements to the northern visibility on land within their control. As improvements to this sub-standard junction cannot be secured and the proposal will increase vehicular activity at this junction, it is considered that the proposal will have an adverse impact on road safety.

2. Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration has identified North Connel as a ‘sensitive settlement’ within which large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing. As a result the Council has restricted new housing development to areas identified on the inset maps. The proposed site is outwith the areas identified by the Local Plan and is not supported by a substantiated claim of operational need. The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration.

3. The application is considered to be premature pending the outcome of the Finalised Local Plan review process, which is presently at its consultative draft stage. In this regard, whilst the site has been identified as being in the settlement zone, this proposed designation has yet to be subject to the statutory consultative process required of the Finalised Local Plan. It would therefore be premature to consider the application in terms of emerging policy until such time as the Local Plan review process has been completed.

4. The proposed house is of inappropriate scale by virtue of its excessively wide gables and is inappropriately sited in relation to adjacent development. The proposal will appear cramped and an over development of the site and will be out of character with its setting and surroundings contrary to Policy BE 12 of the Adopted Lorn Local Plan and Policy LP ENV 19 and Appendix A of the Argyll and Bute Finalised Local Plan which seek to secure developments which respect their setting, which are of appropriate layout and density and which are of a design compatible with their surroundings.

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APPENDIX RELATIVE TO 04/01482/DET

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

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

Lorn Local Plan

HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.

Appin/Tynribbie/Portnacroish, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, Easdale/Ellenabeich, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.

The Council has accordingly restricted new housing development to areas identified on the inset maps. It will not grant approval for a house on greenfield sites outwith these areas other than in exceptional circumstances. Applicants will be required to demonstrate an overriding locational or operational need that makes it essential for them to have a house outwith rather than within the areas identified.

Where such need has been demonstrated, special attention will be given to ensure that the actual location of the house creates the minimum adverse environmental impact. Regard will also be had to the principles set out in the Government’s Planning Advice Note 36 when assessing all proposals within sensitive settlements.

BE 12 The District Council will seek to achieve a high standard of residential layout and design where new housing developments are proposed.

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Finalised Argyll and Bute Local Plan.

LP ENV Development Setting, Layout and Design 19 The Council will require developers and their agents to produce and execute a high standard of appropriate design in accordance with the design principles set out in Appendix A of this Local Plan and the following criteria: -

Development Setting (A) Development shall be sited and positioned so as to harmonise with the key features of the settlement, edge of settlement, countryside or coastal surroundings. Developments that do not satisfactory harmonise with their settings and surroundings shall be resisted.

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

Development Design (C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as National Scenic Areas, Areas of Panoramic Quality, Very Sensitive Countryside, Sensitive Countryside, Conservation Areas, Special Built Environment Areas, Historic Landscapes and Archaeologically Sensitive Areas, Historic Gardens and Designed Landscapes and the settings of listed buildings and Scheduled Ancient Monuments. Within such locations, the quality of design will require to be higher than in other less sensitive locations. (D) The design of buildings shall be suitably adapted to meet the reasonable expectations for special needs groups. (E) Energy efficient design and sustainable building practice is strongly encouraged. (F) Development design which is judged to be poor or “not good enough” for a particular location shall be resisted.

Informal Council Policy

TA 8 Indicates the construction standards expected of private ways, taking into account the requirement for use by emergency and service vehicles for a safe connection to the road network.

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(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None relevant.

(ii) Consultations

Response Date Comment (2004) Area Roads Engineer 3rd September Section 75 agreement required to achieve satisfactory visibility (see the report above) Scottish Water 4th August No objections Community Council 15th August No objections but concern was raised over visibility.

(iii) Publicity and Representations

Advert Type : Article 18 – Potential departure. Closing Date: 23rd September 2004

Representations : None

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Page 49 Page 50 Page 51 Agenda Item 5d

DEVELOPMENT SERVICES Local Member - Councillor Alistair MacDougall PLANNING APPLICATION REPORT Date of Validity - 29.09.2004 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

12th April 2005

Reference Number: 04/01916/DET Applicants Name: Simon Proud Application Type: Detailed. Application Description: Erection of Dwellinghouse and garage. Location: Land South East of Kilmore Dervaig Isle of Mull

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of dwellinghouse • Formation of vehicular access

(B ) RECOMMENDATION

The application is recommended for refusal

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The site lies at the eastern extremity of an area of residential development on the eastern periphery of Dervaig and adjacent to the B8073 Dervaig to Tobermory public road.

Existing Development Plan Policy:-

There are no policy objections to this proposal. It is consistent with the Adopted Mull, Coll and Tiree Local Plan (POL HO 7), and is included within the settlement area for Dervaig in the Consultative Draft and also the Finalised Local Plan.

Servicing and Infrastructure:-

There are no constraints upon the site with regard to water or sewerage as there are services in reasonable proximity to the site.

The vehicular access proposals are however unacceptable. The Area Roads Manager has indicated that the proposed development requires sight lines of 70m X 2.4m in both directions at the vehicular access point. The sight lines available are 46m X 2.4m (northeast) and 52m X 2.4 (southwest). The achievable visibility splays are clearly well below the standard required for the kind of development that is proposed.

Improvements to the sight lines are not a reasonable possibility in this instance. The topography of the road and its alignment at this location both preclude the possibility of improvements. There is a large rock outcrop to the southwest (Tobermory side) with poor horizontal alignment and to the northeast the horizontal and vertical alignment of the road both preclude the provision of adequate sightlines.

(D ) CONCLUSION

That it is not possible to provide a safe means of vehicular access to the proposed development.

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Angus J Gilmour Head of Planning

Contact: Ian McIntyre. 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/01916/DET

Reason: The proposed vehicular access would not provide a safe means of access to the site in that the required sight lines of 70metres X 2.4metres in each direction formed from the centre line of the proposed access are unachievable. The horizontal and vertical alignment of the road at this location and the presence of a large rock outcrop combine to prevent the provision of adequate sight lines in either direction from the proposed access point.

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APPENDIX RELATIVE TO CLICK HERE TO ENTER APPLICATION NO.

A. POLICY OVERVIEW

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

Mull, Coll and Tiree Local Plan

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

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

No site history

(ii) Consultations

Response Date Comment Area Roads Engineer 08.12.2004 Refusal – inadequate sight lines Scottish Water 18.10.2004 No objections. Public Protection Unit 15.10.2004 No objections.

(iii) Publicity and Representations

Advert Type : Article 9 Vacant Land. Closing Date: 21.10.2004

Representations : No

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DEVELOPMENT SERVICES Local Member - Councillor MacIntyre PLANNING APPLICATION REPORT Date of Validity - 16th November 2004 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

19 April 2005

Reference Number: 04/02241/DET Applicants Name: Duncan Strachan Application Type: Detailed Application Application Description: Erection of Dwellinghouse Location: Land South West of New Barran Farm, Barran, Kilmore, Oban

SUPPLEMENTARY REPORT NO.1

(A ) INTRODUCTION

This application was reported to the April meeting of the Planning Committee and continued to allow discussions with the Applicant about removal of the caravan and tidying of the site following completion of the house.

I have now had discussions with the applicant and he told me it is his intention to remove the caravan and all the other extraneous materials stored on site during construction and after the house is completed. His Agent is sending me a letter to that effect.

It has already been agreed to grant permission subject to an appropriate condition.

(B ) RECOMMENDATION

It is recommended that the application be approved as a minor departure from current adopted policy, subject to the conditions and reasons on the following page.

Angus J Gilmour Head of Planning

Author: Ian Macintyre 01631 567951 Contact: Ian Macintyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/02241/DET

1. Standard Detailed.

2. Prior to the commencement of works on site full details of the proposed water supply to serve the development shall be submitted to and approved in writing by the Planning Authority. Such details, prepared by a suitably qualified individual, in consultation with the Council’s Environmental Health Unit, shall show the location of the proposed water supply and shall provide full details of the quantity of the water supply to be used, together with any required means to improve the quantity. Thereafter, prior to the occupation of the dwellinghouse hereby approved, the dwellinghouse shall be connected to the approved water supply in accordance with the approved details.

Reason: In the interests of public health in order provide for an adequate water supply to serve the development.

3. Prior to the commencement of works on site a scheme of hard and soft landscaping work shall be submitted to and approved in writing by the Planning Authority. Such details shall include:

• Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; This shall include native planting along the southern boundary of the site to help integrate the house into the landscape, particularly from long distance views. • Programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. Any trees or plants which within a period of ten years from the completion of the development die, or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity in order to help integrate the proposal into its landscape setting. 4. Prior to the occupation of the dwellinghouse hereby approved, the existing vehicular access shall be improved in accordance with the Council’s Road Services Drawing No. NA/32/05/2a and surfaced in a bituminous material or similar for a minimum distance of 5m back from the edge of the public road. Prior to the commencement of works on the construction of the dwellinghouse hereby approved, visibility splays of 90m in each direction, measured from a point 2.4m back from the edge of the public road along the centreline of the access, shall be cleared of all obstructions to driver visibility over a height of 1.05m above the level of the adjacent carriageway. Thereafter, the approved visibility splays shall be kept clear of any obstructions to driver visibility above a height of 1.05m in perpetuity. Reason: In the interests of road safety.

5. Notwithstanding the approved plans, the roof of the approved dwellinghouse shall be finished in a natural slate or a good quality slate substitute and the external walls of the approved dwellinghouse shall be finished in a white/off-white painted smooth cement or wet dash render. Prior to the commencement of works on site full details of the proposed external roof and wall finish shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of visual amenity in order to reflect the vernacular building traditions of the area.

6. Upon completion of the approved dwellinghouse, the existing workshop within the curtilage of the approved dwellinghouse shall be used only by the occupants of the approved dwellinghouse for domestic purposes, unless otherwise first agreed in writing by the Planning Authority. Reason: In the interests of residential amenity, in order to prevent a potential bad neighbour development.

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7. All material currently stored on the site including caravan, timber, tractor etc shall be removed from the site and the area and the large shed all made good within 6 months of the house first being occupied all to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity of the area.

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DEVELOPMENT SERVICES Local Member - Councillor Duncan MacIntyre PLANNING APPLICATION REPORT Date of Validity - 16th November 2004 OBAN, LORN AND THE ISLES Committee Date - 6th April 2005

28th February 2005

Reference Number: 04/02241/DET Applicants Name: Duncan Strachan Application Type: Detailed Application Application Description: Erection of a dwellinghouse Location: Land south west of New Barran Farm, Barran, Kilmore, Oban

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a single storey dwellinghouse • Installation of septic tank and soakaway

Other Specified Operations.

• Existing vehicular access to be used • Connection to private water supply

(B ) RECOMMENDATION It is recommended that the application be approved as a minor departure from current adopted policy, subject to the conditions and reasons on the following page.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

The site lies within the Oban Catchment Area as defined by Policy HO 25 of the Lorn Local Plan 2nd Alteration. Policy HO 25 states that within the Catchment Area there will be a presumption against housing development except when it is infill, rounding-off or redevelopment related to the existing built form. The site lies some 400m to the north of the junction with Glencruitten Road at the Rare Breeds Park and some 350m from the existing fire damaged former dwellinghouse known as Barran Calltunn. As the proposal is detached from the existing development, the proposed development does not represent infill or rounding-off development and does not represent redevelopment due to the lack of any existing buildings on the site.

The proposal is therefore contrary to Policy HO 25 of the adopted Lorn Local Plan.

Draft Argyll and Bute Local Plan

The Draft Argyll and Bute Local Plan has identified this area as a ‘Rural Opportunity Area’, within which encouragement will be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern.

• PAN 72 Assessment

It is proposed to erect a dwellinghouse on an area of elevated ground above the back road between Oban and Connel. The site lies some 400m to the north of the junction with Glencruitten Road at the Rare Breeds Park and some 350m from the existing fire damaged former dwellinghouse known as Barran Calltunn. This section of the Glen, between the Rare Breeds Park and Barran Calltunn has a fair level of development, including agricultural buildings, three dwellinghouses (additional two consented) and the Rare Breeds Park development. The site comprises a fairly level, previously excavated area of ground on the hillside above the back road, immediately adjacent to an existing workshop within the applicant’s ownership. F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\8\2\AI00022284\2241WR080205SKP0.DOC 1

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The settlement pattern of the general area is based historically on farming and crofting. There are two main farm clusters in the glen, being Ardconnel and Ardchonnel, both located along the roadside. Crofting has also helped to determine the pattern of development in the area, resulting in a scattered development throughout the glen, which utilises the topography for shelter. As discussed there are primarily two patterns of development in the glen, well-spaced roadside development and irregularly spaced, scattered development away from the roadside, throughout the glen. In order to integrate small scale development successfully into this glen, careful consideration must be given to maintaining the low density nature of development and maintaining the irregular spacing between development, whilst ensuring that development is integrated visually into the landscape through the use of the topography.

Planning permission was refused for this same site in 2001 as the proposal was contrary to Policy HO 25 of the adopted Lorn Local Plan. Since this time, following the publication of the draft Argyll and Bute Local Plan there has been a number of minor departures from this Policy, and as a result there has been a fair level of new development within the Glen. This has resulted in an increase in the built development, however has maintained the scattered, crofting pattern of development in the Glen. The development of a house on this current site is reflective of the scattered settlement pattern, would maintain the low density scale of development in the area and would maintain adequate separation distances between the other development. It is therefore considered that a new house on this site could be successfully integrated into the landscape and would not have an adverse impact on the landscape quality or any key environmental features within this area, particularly given that the site already accommodates the workshop building and caravan.

In light of the foregoing, and as there have been no public representations to this site during the Argyll and Bute Local Plan consultation process, the proposal is considered to represent a suitable opportunity for development and is therefore consistent with PAN 72 and Policy STRAT DC 4 of the draft Argyll and Bute Local Plan and H1 Policy.

Other Material Considerations

It is proposed to install a septic tank and soakaway (no details submitted). The Scottish Environmental Protection Agency has not responded, however, as this is an outline application the detail of the foul drainage arrangements would be fully assessed as a reserved matter.

The application states that connection to the public main is proposed, however the public main does not lie within a reasonable distance of the site. It is therefore likely a private supply will be required. In this respect the Council’s Public Protection Unit has recommended a condition be attached to any consent requiring full details of the private water supply with regards to the quantity and quality of the water available and if necessary any methods needed to improve the supply. A condition to this effect is proposed.

It is proposed to use the existing access, which currently serves a caravan and workshop, onto the Connel Back Road. The Area Roads Engineer has raised no objection to the proposal, subject to conditions with respect to the junction layout and visibility splays.

(D) NEED FOR DEVELOPMENT PLAN DEPARTURE HEARING

As no letters of representations received regarding the proposal, it is considered that no hearing is required.

(E) JUSTIFICATION FOR MINOR DEPARTURE

Given the age of the current adopted Local Plan and that no letters of representation have been received relative to the proposed site, and that the proposal is consistent with emerging policy and represents an appropriate form of small scale development in tune with the landscape and settlement pattern there is a justification for a minor departure from adopted local plan policy.

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(F ) CONCLUSION • The proposal is considered to represent a minor justified departure from Policy HO 25 of the adopted Lorn Local Plan.

• The proposal is consistent with Policies STRAT DC 4 and H 1 of the draft Argyll and Bute Local Plan and Planning Advice Note 72.

Angus J Gilmour Head of Planning

Contact: Ian McIntyre 01631 567950

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/02241/DET

1. Standard Detailed.

Reason: In the interests of public health in order provide for an adequate water supply to serve the development.

3. Prior to the commencement of works on site a scheme of hard and soft landscaping work shall be submitted to and approved in writing by the Planning Authority. Such details shall include:

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APPENDIX RELATIVE TO 04/02241/DET

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 4 A) Within Rural Opportunity Areas encouragement shall be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern; this may include small scale development in the open countryside as well as small scale infill, rounding-off, redevelopment and change of use building development.

Adopted Lorn Local Plan

HO 25 All proposals within the Oban Catchment Area will be assessed using the following criteria:

(a) Environmental Impact (b) Locational/operational need (c) Economic benefit (d) Infrastructure and servicing implications (e) Sterilisation of natural resources (f) Archaeological implications (g) Alternative policies and proposals contained in the local plan

Within the Catchment Area there will be a presumption against housing development except when it is infill, rounding off and redevelopment related to the existing built form. Proposals which encourage ribbon development will normally be resisted. Regard will be had to the principles set out in the Government’s Planning Advice Note 36.

Draft Argyll and Bute Local Plan

STRAT DC 4 See Structure Plan Policy STRAT DC 4 above.

H1 A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves:

In the countryside: 3. Large and medium scale housing development in all the countryside zones. 4. Small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside.

C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated – see policy notes 3 in Annex (pages 63 and 64).

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Government Advice/Guidance

PAN 72 New Housing in the Countryside

This PAN supersedes and reinforces many of the key themes set out in PAN 36 : Siting and Design of New Houses in the Countryside and brings the advice up to date with the new emphasis design and quality.

The purpose of the advice in this PAN is to create more opportunities for good quality rural housing which respects Scottish landscapes and building traditions

The guidance and advice indicates that the amount and location of housing that can be developed in rural areas is determined by a number of factors, these include

• Context – Fit in the landscape. • Identity – Design details which reflect the local character as well as an increased awareness of energy efficiency linked to design standards. • Connection – Proximity to services e.g. schools and shops, ease of access, drainage and sewerage capacity.

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

01/00796/DET : Erection of a dwellinghouse : Refused 5.7.01.

(ii) Consultations

Response Date Comment Scottish Environmental Protection Agency No response Area Roads Manager 16.12.04 No objection subject to conditions Public Protection Unit (Tel) 9.2.05 No objection subject to conditions Scottish Water 15.12.04 No objections

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 10.3.05

Representations : None received

Name Address Letter dated

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 25th November 2004 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

7th April 2005

Reference Number: 04/02291/OUT Applicants Name: H. C. MacLarty Application Type: Outline Application Description: Site for a house Location: Site west of Mill Farm, Barcaldine

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwelling. • Formation of an access. • Installation of a septic tank.

All of the above to be subject to a detailed submission.

(B ) RECOMMENDATION

The application is recommended for approval to renew permission against the advice of the Trunk Roads Authority. The application, if approved, will be notified to the Trunk Roads Authority under Annex D of Circular 4/1997 as amended by Circular 1/2005.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Outline permission was granted for this development in 1996, 1998 and 2001. This current application seeks renewal of the 2001 permission.

The site is adjacent to the trunk road and would gain access to it via the existing access to Mill Farm. That access does not immediately join the road but issues on to the splayed approach to a parking place (lay-by) to the west of the site.

Development Plan and Amenity.

There are no new policy or amenity considerations. Approval on this site would be consistent with the adopted local plan and with emerging policies of the Argyll and Bute Finalised Local Plan.

Access to the Trunk Road.

Refusal is recommended on the advice of the Scottish Executive Trunk Road Network Management Division as follows:

“The proposed development would result in increasing the number and type of vehicles entering and leaving (accelerating, turning and decelerating within) the traffic stream at a point where vehicles entering the lay-by do not expect traffic blocking their path, thus creating interference with the safety and free flow of the traffic on the trunk road.”

The Scottish Executive Trunk Road Network Management Division has been asked what changed circumstances have given rise to this objection (after three previous recommendations of approval) and have stated:

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“The reason for the change of view from previous applications for the same site is that it is considered a road safety danger to increase the possible amount of side road traffic, at a point where users of the lay-by consider that they have clear access off the trunk road.”

(D ) CONCLUSION

Given that the application to renew was made timeously and the Scottish Executive has not been able to explain why circumstances have changed such that the application should now be refused, it is recommended that the application be approved subject to the previously imposed conditions and that the Executive be notified accordingly.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/02291/OUT 1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the under mentioned reserved matters before any development is commenced: (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in Condition 1 above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Any detail pursuant to Condition 1(a) above shall show a house whose design and finish is reflective of the local traditional style within North Lorn and shall accord with the following:

i) The house shall be single or 1½ storeys in height and occupy a floor area no greater than 120 metres square.

ii) The walls shall be finished in natural stone or a wet dash render painted white.

iii) The building shall be generally rectangular in shape and gable ended, with the gable width and eaves height to be of a traditional manner and scale.

iv) The roof shall be symmetrically pitched to at least 37 degrees and be finished in natural West Highland slate or a good quality slate substitute

v) The windows shall be of timber and have a strong vertical emphasis.

Reason: In the interests of visual amenity and to reflect/retain the vernacular building traditions of the area.

5. Notwithstanding the provisions of Article 3 and Classes 1/2/3/4/5/6/7/9 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no development shall take place within the curtilage of the dwelling house hereby permitted without the prior written consent of the Planning Authority.

Reason: In the interests of visual amenity, to protect the visual qualities of the area and the setting of the proposed dwelling house from unsympathetic siting of design of developments normally carried out without planning permission, these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992

6. Any details pursuant to Condition 1a above shall show full details of the proposed boundary treatment.

Reason: In the interests of visual amenity and to help integrate the proposal into its surrounding landscape/townscape setting.

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7. Any details pursuant to Condition 1a above shall include a landscaping scheme. This scheme shall include the age, species and location of planting which shall be indigenous and shall run along the northern and eastern boundaries of the site. The approved landscaping scheme shall be fully implemented to the satisfaction of the planning authority no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained to the satisfaction of the planning authority for a period of ten years. No trees shall be felled or lopped within the landscaping scheme (without the prior written consent of the planning authority) and any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

Reason: In the interests of visual amenity and to help integrate the proposal into its surrounding landscape/townscape setting.

8. Any details pursuant to Condition 1a above shall show full details of the proposed access arrangements which shall be submitted to and approved by the planning authority prior to the commencement of works.

Reason: In the interests of road safety

9. Any details pursuant to Condition 1a above shall show full details of the proposed foul drainage arrangements which shall be submitted to and approved by the planning authority in consultation with the Head of Public Protection and the Scottish Environment Protection Agency.

Reason: In the interests of public health

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APPENDIX RELATIVE TO 04/02291/OUT

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

01-95-0853 : Outline planning permission for the erection of a house on this site was granted on 15.2.96.

98/01423/OUT : Outline planning permission was granted for the erection of a house on this site on 24.11.98. This was a renewal of the previous outline permission.

01/01654/OUT: Outline planning permission was granted for the erection of a house on this site on 30.11.01. This was a renewal of the previous outline permission.

(ii) Consultations

Response Date Comment Scottish Water 08.01.05 No objections. Scottish Executive Trunk Roads Authority 08.11.04 Objections – see report above.

(iii) Publicity and Representations

Advert Type : Section 34 and Article 9 Closing Date: 30th November 2004

Representations : None

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 7th January 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

7th April 2005

Reference Number: 05/00019/MFF Applicants Name: Shian Fisheries Application Type: Marine Fish Farm Consultation Application Description: Proposed Shellfish Farm – Oyster Trestles. Location: North Shian, Loch Creran.

(A ) THE APPLICATION

Works subject of Marine Fish Farm Consultation Procedure.

• Siting of oyster trestles.

(B ) RECOMMENDATION

It is recommended that objections be raised to the proposal on landscape/environmental grounds.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Material Considerations

It is proposed to establish a new site for farming oysters on the North Shian shore of Loch Creran in Shian Bay. This site would be operated from the existing oyster farm on the South Shian shore of the Loch.

There are no objections to this proposal from any of the technical consultees, but a number of local residents have objected in terms of the effect of the proposal on the visual amenity of the area and the loss of free boating access to the bay.

The recommendation for refusal is made solely on the visual impact of the proposal.

Scottish Executive Locational Guidelines for Marine Fish Farming

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

Adopted Lorn Local Plan

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

i. Landscape Impact. The proposed trestles will straddle the mean low water spring line and will be visible at low tide. The proposed licence site occupies approximately 200 metres of shore on a promontory towards the south end of Shian Bay. The current intention is to site about 80 trestles, in two groups, corresponding to two more sandy areas of the shore.

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The site is in the Lynn of Lorn National Scenic Area and is designated as sensitive countryside in the Argyll and Bute Finalised Local Plan (see below).

Scottish Natural Heritage has raised no objection in terms of the principal reason for designation of the NSA, which is the interaction of the limestone ridges with the sea. However it is equally important to consider the development in terms of this Council’s own landscape criteria which, in the consultative draft Argyll and Bute Local Plan, designate the bay shore as sensitive countryside

There is a fairly high level of aquaculture development within Loch Creran, and one key element in the assessment of this proposal is ensuring the fragile balance between the rural landscape and the industrialised elements is not upset, as equipment from modern shellfish farms can be visually significant in the landscape. .

North Shian Bay forms part of the north shore of Loch Creran. In general, the north shore has retained its undeveloped character whilst the south side is quite heavily industrialised, for example the south coast between Eriska and Pony Park, that is the part nearest to the application site, is more than half covered by fish farm leases.

The north shore is however not free of leased sites and is divided in two by the visually significant mussel lines at Rubha Garbh. This gives added emphasis to the undeveloped coast to either side, and particular sensitivity to cumulative impact. Between there and the Creagan Bridge the landscape is broadly pastoral and the coastline is one of broad shallow bays. From Rubha Garbh round to Port Appin, which includes North Shian Bay, the coastline is more intricate, the bays are deeper, trees play a stronger part and the aspect is generally wilder. This sensitive and high quality character was recognised in the Committee’s recent refusal of houses at Pintalia to the south of North Shian Bay.

Within that western stretch of the north shore North Shian Bay presents a fine, wild prospect. The shore is undeveloped and the surrounding houses are unobtrusive. The bay is visually contained between two headlands presenting a landscape of wild aspect within a context of a coastline of high quality.

In this case the wild and undeveloped prospect within the Bay is in contrast to the industrialised landscape across the Loch, on the south side, near to Sgeir Caillich. The narrowness of the loch in the vicinity of the application site means that the development of the south shore already impinges on the north shore. It appears particularly important, if the quality of the area, set out above, is to be protected from further visual impact that the balance the developed and undeveloped shores is maintained.

The proposed development consisits in the siting of up to 80 trestles. These trestles are 0.8m x 4.8m x 0.4m and constructed of metal bars. The oysters grow in mesh sacks on top of the trestles.

The trestles must be sited along the low water tide line, and cannot be widely dispersed. This means that the groups of trestles will form two visually significant groupings, each about 45 metres wide, and, at low tide, introduce a distinct unnatural element into the bay in a prominent location on a sandy promontory. These proposed structures will have visual impact over much of the Bay, because of its concave curvature. Their cumulative impact with the developments on the south shore will be such as to harm the open, wild and undeveloped character of an area of sensitive countryside.

For the reasons given above it is considered that the development will have a negative impact on the scenic quality of this landscape and upset the balance between the developed and undeveloped shores of Loch Creran.

ii. Economic Benefit. If there is an economic benefit in this case it is a very small one. It is unlikely that refusal of the license will affect the viability of the related South Shian oyster farm where expansion proposals have been recommended for approval under delegated powers.

Objectors to the proposal contend that the character and attractiveness of the shore will be spoilt and that visitors, notably to the nearby holiday cottages, will be discouraged to the detriment of the local economy.

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iii. Effect on conservation of natural and heritage resources. The Loch is a Special Area of Conservation. Scottish Natural Heritage and the RSPB have raised no objections in terms of bird populations and the reefs and horse mussel beds which are the principal objects of the SAC.

iv. Effect on navigation and on other land/water uses and resources. No objections have been raised by the Northern Lighthouse Board.

v. Effect on water quality. The Scottish Environmental Protection Agency and the Scottish Executive Fisheries and Rural Development Group have raised no objection to these proposals on the issue of water quality. v. Infrastructure and Servicing Implications. The proposed sites could be serviced by the applicant’s existing land base at South Shian. This has the appropriate planning permission. The proposal therefore raises no servicing or infrastructure concerns. vii. Effect on existing aquaculture development. The Scottish Executive’s Fisheries and Rural Development Group has advised that they do not anticipate any significant environmental impact and can foresee no adverse disease implications which may arise from the development. It is however recommended that management agreements be entered into with other operators sharing the same management area.

Approved Argyll and Bute Structure Plan 2002

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

Draft Argyll and Bute Local Plan 2003 The proposed sites lie within a ‘presumption in favour zone’ as identified by the Policy AQ 1 of the Draft Local Plan. Whilst there is an initial presumption in favour of marine fish farming in this particular area, this is conditional on the proposal meeting the criteria set out in Policy AQ 1; namely not having an unacceptable environmental, servicing or infrastructure impact; being consistent with the Scottish Executives strategic framework, guidelines and advice on fish farming; and being consistent with agreements covering the area. i. Environmental Impact.

See the analysis above. It is considered that this proposal would detract from the rural character of this area which is designated as sensitive countryside and, in light of the current level of aquaculture development in the area would, cumulatively, adversely affect the character of Loch Creran by upsetting the balance between the rural and industrial areas.

ii. Servicing and Access Impact. The site will be served from the sea and there will be little impact. iii. Scottish Executive Guidelines.

The site appears to meet the locational guidelines.

iv. Consistency with local management agreements.

It would be possible to enter into appropriate agreements.

National Planning Policy Guideline 13: Coastal Planning.

The guidance states that,

“The undeveloped coast should generally be considered for development only where:

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- the proposals can be expected to yield social and economic benefits sufficient to outweigh any potentially detrimental impact on the coastal environment - there are no alternative sites on previously developed land.

In this case the proposal will have definite detrimental consequences for little or no social or economic gain and I do not consider that any likely benefits will outweigh the likely detrimental effects.

(D ) CONCLUSION

The proposal will harm the visually sensitive quality and character of an area of undeveloped coast without yielding sufficient social or economic benefits. It is therefore contrary to the policies of the development plan and national policy guidance.

Angus J Gilmour Head of Planning

Contact: Ian McIntyre 01631 567951

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REASONS FOR OBJECTION RELATIVE TO APPLICATION 05/00019/MFF

North Shian Bay forms part of an area of undeveloped coast which is within a National Scenic Area and considered to be sensitive countryside in the Consultative Draft Argyll and Bute Local Plan. In the broader context of Loch Creran, the northern shore, of which North Shian bay forms part, is the key to maintaining a balance between the developed and undeveloped coastlines. It is considered that this proposal would detract from the sensitive and undeveloped character of this area by introducing man- made elements in two visually intrusive groupings. This would harm the visual quality of the Bay and, in light of the current level of aquaculture development in the area, would, cumulatively, adversely affect the character of Loch Creran by upsetting the balance between the rural and industrial areas contrary to policy RUR 16 of the adopted Lorn Local Plan and contrary to the advice given in National Planning Policy Guideline 13: Coastal Planning.

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APPENDIX RELATIVE TO 05/00019/MFF

(A) POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

PROP CP 1 Aquaculture and Development Control

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

Adopted Lorn Local Plan

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

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

Draft Argyll and Bute Local Plan

AQ 1 Marine Fish Farming

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

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

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

National Planning Policy Guideline 13: Coastal Planning.

22 The undeveloped coast should generally be considered for development only where:

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(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this proposed sites.

(ii) Consultations

Response Date Comment Scottish Environmental 26.01.05 No objections Protection Agency Scottish Natural Heritage 24.01.05 No objections. RSPB 02.02.05 No objection. Scottish Executive Fisheries & 28.01.05 No objections. Rural Development Group Scottish Sea Farms 21.01.05 Requests a management agreement and information on the source of oysters and biological materials. Requests that equipment be new or effectively sterilised. Environmental Health Officer 04.03.05 No objections Northern Lighthouse Board 10.01.05 No objections. No marking required.

(iii) Publicity and Representations

Advert Type: Advert in accordance with the Interim Procedures. Closing Date: 10th February 2005

Representations: Yes

Name Address Letter date Mr S. J. Howie Tigh na Craig, North Shian 31.01.05 and 28.0205 Mr and Mrs Massey Tigh an Darich, North Shian 04.02.05 Dr and Mrs Fairbairn Shian Bay, North Shian 31.01.05 and 08.03.05 Mr C. Moar Shian Cottage, North Shian 11.02.05 Ms S. Mann The Barn, North Shian 12.02.05 Trustees of D. Stewart Ardveich, North Shian 09.02.05 Mr S. Melrose Ardveich, North Shian 09.02.05 Mr G. Mangleman and Coelard, North Shian 08.02.05 and Ms S. Mann 21.03.05 J. E. Loro Craobh Chuilinn, North Shian 10.02.05

Summary of objections:

- The trestles would create an “appalling” hazard to the lives and safety of locals and visitors using small boats for recreation and fishing. The bay contains a number of yacht moorings. The Council has a duty of care to local people and should refuse the application. - The development would deny local residents their rights of enjoying and using the foreshore for recreation, mooring, boating and fishing. - The oyster farm would give rise to disturbance from bird scaring activity and from oyster grading machinery. - The development would harm the local economy by discouraging tourists who come to Argyll to enjoy safe inshore waters and unspoilt coastline. - The development will result in pollution because there is no system of bonding to prevent the abandonment of old equipment. - The value of property around the bay will be reduced. - This stretch of the Loch is sufficiently developed and further development would be detrimental to the amenity of the area and to the enjoyment of residents. - The Loch is becoming more and more industrialised. It is important to preserve the undeveloped character of Shian Bay. F:\MODERNGOV\DATA\AGENDAITEMDOCS\5\8\2\AI00022285\0019RWWR0704050.DOC 7

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- The proposal will lead to yet further development. - The Council’s policy is that fish farms should be 0.5Km from settlements. - There are alternative sites, notably to the west of Eriska. - Planning permission is also required. - Holiday letting business will be harmed. - The outlook of existing houses will be “seriously adversely affected.” - The oysters will be sited either side of a burn which passes through pasture. The burn will be contaminated with coliforms.

Applicant’s comments:

• Shian Fisheries has been successfully operating an aquaculture business at South Shian since 1983, and has been farming oysters there since 1994. • Adequate scale and fast growth of the oysters are prerequisites of success, and this application will help the business on both these counts. • We have applied for and hope to be granted a modification to our existing site at South Shian, which is not an expansion but a rearrangement of existing equipment. • The application under consideration is a modest expansion, that will allow us to increase our capacity to 500,000 oysters sold per year from 400,000. • North Shian is a strongly tidal site where shellfish will grow fast, because of the abundant food supply. • 75 trestles in total will be placed in two separate areas on the site, where beach conditions permit. They will be just above and below the Low Water Spring Tide mark, and will not only be inaccessible but invisible over 90% of the time. (visible for a maximum 32 hours per month with an average of say 360 daytime hours). The oysters have to be this low on the beach as it is important that they are covered by the sea for as much time as possible, to allow continuous growth. • The trestles stand only only 400mm high off the beach, adding to their unobtrusiveness. • Oyster bags rapidly get covered by seaweed and other marine growth, rendering them less and less visible as time goes on. • The North Shian road is at no point closer than 400m from the trestles, but in any case they cannot be seen from the road because of the cover from vegetation and the convex slope of the foreshore, as well as forestry. • Viewed from the other side of Loch Creran, they will be too far away to distinguish, and certainly will not diminish the view from there. From a distance, the farm will look like a patch of low lying weedy foreshore, particularly since the surrounding foreshore is irregular and heavily covered by boulders. • I do not agree that this is an industrial activity going on in a rural area, rather it is a rural activity taking place in a rural area. • The visual impact could hardly be less. • The only activity at the trestles will be (1) checking trestles, ie walking round them, inspecting the oysters and looking for damage, twice per month (but only if they are accessible) (2) turning the bags by hand, using no machinery, a job that will take 6 hours three times per YEAR for one person, and (3) bringing new stock in and removing old stock once per YEAR, by boat. • The physical impact will be barely noticeable, and local residents will not by and large even be aware of our presence or absence, particularly since the site cannot be seen from the houses. • The suggestion that this will be an industrial scale aquacultural enterprise is not based on the facts outlined in the application and supporting statement. • The economic impact may be slight in overall terms, but the development is important to Shian Fisheries. • A crude measure of its economic impact is that this proposal will enable the rearing of 100,000 additional oysters. The nett value of these to the farm will be £19,800, virtually all of which will form a contribution to the local economy. Almost all profit is spent locally, and a large proportion of all costs is paid to local businesses (fuel, haulage, repairs, etc) • It seems to me that this proposal satisfies all the criteria in the adopted Lorn Local Plan as well as the draft Argyll and Bute local Plan. • We would be quite happy to restrict the placing of the trestles to the two specific areas mentioned if that helps: the apparent size of the site could then be reduced from 200 mx 25m area (5000 sq m) to two blocks of perhaps 35 x 20m(1050 sq m)

Planning Officer’s Comments:

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- The issues raised relating to pollution, contamination, navigational hazard, noise and nature conservation appear to be given little weight by the statutory consultees referred to above. - The social and economic effects of the proposal, both positive and negative cannot be quantified but are unlikely to be significant. - The balance between developed and undeveloped areas, and the affect of the proposal on the visual amenity of sensitive countryside does appear to be significant material issue.

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This page is intentionally left blank Page 87 Page 88 Page 89 Agenda Item 5h

DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 14th January 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

5th April 2005

Reference Number: 05/00061/OUT Applicants Name: Trustees of Andrew Sandilands Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Land south of Lagganbeg Cottage, Kilninver

THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted) • Installation of septic tank and soakaway

Development Requiring Express Planning Permission.

• Connection to proposed private water supply • Use of existing vehicular access

RECOMMENDATION The proposal is recommended for approval.

DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Adopted Lorn Local Plan

Policy HO 23 of the adopted Lorn Local Plan states that outwith the inset maps and the Oban Catchment Area the Council is in favour of single or small scale residential development, providing there are no infrastructure, servicing or environmental constraints. Particular attention will be paid to infill, rounding-off or redevelopment opportunities related to existing development and landform. The Policy also states that regard will be has to the principles set out in the Government’s Planning Advice Note 36 (superseded by Planning Advice Note 72) and proposals which promote undesirable ribbon development, are out of scale or cumulatively affect the character of an area detrimentally are likely to be resisted.

The site lies within a Local Scenic Area wherein Policy RUR 1 of the adopted Lorn Local Plan states there will be a general presumption against proposals for prominent or sporadic development which would have an adverse environmental impact. All proposals for development within Regional Scenic Areas require to be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan, as follows:

Environmental Impact Area of Common Landscape Character

• Natural Landscape

The application site lies within a distinct Area of Common Landscape Character (Glen Scammadale). This Area of Common Landscape Character is considered to be the entire valley of Glen Scammadale. Glen Scammadale is a glaciated valley, which in landscape terms can be split into two halves. The eastern half of the glen is characterised by its grand scale, with steep sloping valley sides descending in a classic U shaped glacial valley profile. The valley floor of this section of the glen is relatively flat with some arable fields but is dominated by Loch Scammadale. The western half of Scammadale is more intricate in terms of scale and consists generally of steeply sloping hillsides, descending into a relatively narrow V profiled valley (this does open up in one or F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\2\AI00022286\0061WR050405SKP0.DOC 1

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two locations particularly when sub-glens intersect with the main glen ie. at Lagganmore) with the river Euchar evident on the valley floor. This part of the glen is also much more heavily wooded than the eastern half of the glen.

• Settlement Pattern

The settlement pattern within the Glen Scammadale Area of Common Landscape comprises of larger estate houses and associated buildings / steadings interspersed along the glen, located where sub-glens intersect with the main glen and at the far eastern end of the glen. In addition there are several inappropriately sited modern 1960’s and 1970’s bungalows dotted along the glen which do not respect the traditional settlement pattern. Finally, there is a small node or cluster of housing located at Lagganbeg, in an elevated position within a sub-glen on the northern side of the main glen approximately at the western end of the more open, grand scale eastern half of the glen. This particular node / cluster of housing has been created following the construction of two dwellinghouses within the last 4/5 years, creating a cluster of 4 dwellinghouses.

• Current Application

It is proposed to erect a dwellinghouse (no details submitted) on the site of the former sheep fank, to the south of the Lagganbeg Cottage. The site lies on a similar level to the existing houses within the small cluster of development which comprises Lagganbeg. This cluster of development lies on an elevated plateau, set back from the public road which is contained by higher to the north, south and west. The erection of a dwellinghouse on the site of the fank is considered to represent a suitable opportunity for rounding off development, given its close relationship with the existing dwellinghouses in the Lagganbeg development.

• Capacity for further development

Various applications have been submitted over the last few years for the Scammadale area. Much of the capacity for development within this Area of Common Landscape Character has already been realised with the consolidation of Lagganmore and Lagganbeg. In order to maintain the settlement pattern and protect the wide, open valley areas from sporadic development, it is considered there is only very limited capacity for further development, primarily only at Lagganmore and Lagganbeg. This capacity relates only to infill, rounding-off or redevelopment proposals within these two clusters of development. With particular respect to Lagganbeg, there have been previous applications submitted, both to the north and east of Lagganbeg Cottage. These were withdrawn by the applicant following negative responses to the proposals from my department. At Lagganbeg there is one other application being considered by my department which lies between Lagganbeg Cottage and the modern house to the west (04/01969/OUT). This may be considered an appropriate infill site, however further information has been sought from the application with respect to the site layout to ensure the proposed house position does not affect the privacy of the adjacent properties and that the site levels ensure a house position and height which is reflective of the surrounding properties. This and the current application site are considered to be the only remaining areas with potential for development within this area.

Locational/Operational Need

No locational or operational need claim has been made in support of the application.

Economic Benefit

I am not aware of any economic benefit to the community at large accruing from this development.

Servicing and Infrastructure

It is proposed to use the existing private water supply to serve the proposed dwellinghouse. In this respect it is recommended a condition be attached to any consent requiring full details of the private

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water supply with regards to the quantity and quality of the water available and if necessary any methods needed to improve the supply.

Current Council Policy on private ways is contained in the Interim Development Control Policy relating to Roads and Private Ways in Argyll and Bute. This policy allows for the addition of up to two new dwellinghoses being served from an existing private way as long as the total number of dwellinghouses does not exceed 10. The current proposal meets with this policy. Commensurate improves would be required to the access way to fully meet with this policy. Given the substandard nature of the access way, it is considered that the entire access way should be scraped, then compacted; drainage channels should be formed and an additional passing place formed. This is considered to represent improvements commensurate with the scale of the development in this instance.

Archaeology

The West of Scotland Archaeology Service has advised there is one recorded site of archaeological interest contained within the application area. This is the site of a sheepfold associated with the former township or farmstead of Lagganbeg. This site is marked as a sheepfold already by the time of the Ordnance Survey First Edition Maps (dated c. 1860) and so was probably built as such as a post- improvement development. However, although there are no obvious signs in the field, the fold may have been formed from the remains of an earlier pre-improvement foundation. Settlement on this site could even date back to the Medieval period and archaeological traces of such occupation could still survive but any earlier history for the site is simply not known. It may be that there is potential for new discoveries in this vicinity and hence some form of archaeological mitigation is required for this proposal. The fold itself is a good example of a post-improvement sheepfold but is not the type of site that should be preserved in situ as there are many such features surviving in Argyll. There are better examples to preserve in situ where, in addition to the fold, the former buildings, dykes and cultivation remains also survive unaffected by modern use and development.

In order to achieve the relevant archaeological investigations, the Archaeological Service recommends a condition seeking a watching brief. This condition would be implemented as a staged process the first stage of which would be an intrusive archaeological evaluation of the development ahead of the construction phase. This will involve hiring a professional archaeologist to supervise suitable plant to strip topsoil and other overburden down to the underlying subsoil surface or archaeologically sterile subsoil within a series of trenches. The relevant level can then be inspected by the archaeologist for signs of in situ archaeology. Any such discoveries will have to be excavated before their destruction by construction through a staged series of further works including any post excavation analyses and publication as required. Should the evaluation stage reveal no remains of significance on the site, that will be the end of the investigations and the condition could be discharged.

Subject to the condition proposed by the Archaeology Service, given the above the proposal is considered to be acceptable in terms of Policy BE 1A of the Local Plan, STRAT DC 9 of the Structure Plan and NPPG 5 and PAN 42.

(D) CONCLUSION

• It is considered the proposal reflects the existing settlement pattern and can successfully be integrated into this Local Scenic Area without having an adverse impact on the landscape quality of the area.

• Accordingly, the proposal can be justified in terms of the criteria set out in Policy RUR 2 of the adopted Lorn Local Plan and is therefore consistent with Policy RUR 1 of the Local Plan.

• The proposal is considered to represent an appropriate rounding-off site related to the existing built form, and is therefore consistent with Policy HO 23 of the adopted Lorn Local Plan and Planning Advice Note 72.

Angus J Gilmour

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Head of Planning

Contact: Ian McIntyre 01631 567951 CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00061/OUT

1. Standard Outline.

2. Standard Outline.

3. Standard Outline.

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 the 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 : In order to allow recording and recovery of any archaeological resources found on the site during development works, in accordance with NPPG 5 and PAN 42 : Archaeology and Planning.

5. Any details pursuant to Condition 1 above shall include a Contaminated Land Report, prepared by a suitably qualified person. The Contaminated Land report should comprise, as a minimum, the following procedures, to the satisfaction of the Planning Authority in consultation with the Council’s Environment Health Officer:

• A Preliminary Investigation: undertaken to review all current information about the site that may reveal potential hazards. This is commonly termed a ‘desktop study’ and utilises information from sources such as historical maps, local records and archives. This stage may include a site visit to identify any noticeable visible features relevant to the potential for contamination, for example, vegetation stress. The outcome of the Preliminary Investigation should identify the likely presence or absence of contaminants and their nature; in addition it should make recommendations for further investigation, in order to quantify hazards.

• Secondary Investigation: undertaken where Preliminary Investigation has concluded that contamination is likely to be present. This investigation may involve the digging of trial pits; bore holes and the sampling and analysis of soils, water and gases, for contaminants. The Secondary Investigation is also used to provide information on the physical characteristics of the ground for engineering purposes. It is usual for the Secondary Investigation report to take into account a number of factors associated with the hazards and the nature of the proposed development, in order to provide an assessment of the risks to potential site occupants, building, ecosystems and the environment. This report may also contain recommendations for further work to monitor hazards revealed during the investigation. Having identified the hazards at the site and quantified the risks in relation to the proposed development, recommendations should be made in terms of reducing the risks, to render the site ‘suitable for use’. These recommendations often take account of remedial works needed for engineering considerations.

• Remediation Plan: based upon the recommendations contained within the report of the Secondary Investigation, the Remediation Plan details and quantifies the works to be undertaken in order to reduce risks to render the site ‘suitable for use’. Prior to the commencement of works on the construction of the dwelling houses hereby approved, a Completion Certificate issued by the developer or agent shall be submitted to the Planning Authority which certifies that the remediation works determined in accordance with the foregoing assessments have been carried out satisfactorily. Reason : Given the potential for historical contamination of the site and to ensure that any such contamination is appropriately treated so as to render the site suitable for the proposed use.

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6. Any details pursuant to Condition 1(a) above shall include a dwelling house incorporating the following : i) finished in wet dash render or natural stone or a mixture of both; ii) with a roof covering of natural slate or good quality slate substitute; iii) of no greater than one and a half storeys in height; iv) incorporating windows with a strong vertical emphasis incorporating mullions; v) a roof pitch of not less than 35o and not greater than 42o; vi) incorporating smooth cement window and/or door bands; and vii) which is positioned on site it’s roof ridge located along a west / east axis. viii) located on the site so as to ensure no conterminous windows within 18 metres of each other. Reason: In the interest of visual amenity, in order to integrate the proposed dwelling house into its landscape setting and to prevent direct overlooking of nearby residential properties.

7. Any details pursuant to Condition 1(d) above shall show full details of the proposed water supply to serve the development. Such details should include a report, prepared by a suitably qualified person, in consultation with the Council’s Public Protection Unit. The report should indicate the suitability of the existing supply with regards to the quantity of water available and include, if necessary, any methods needed to improve the quantity. Thereafter, prior to the occupation of the dwelling house hereby approved, the house shall be connected to the private water supply and the necessary works carried out in accordance with the approved details.

Reason : : In the interests of public health in order provide for an adequate water supply to serve the development.

8. Any details pursuant to Condition 1(c) shall show full details of the proposed improvements to the private way serving the site, extending from the Scammadale public road to the entrance to the site. Such details shall show the surface of the full length of the private way scraped, then compacted, together with the formation of drainage channels and the formation of a passing place. Thereafter, prior to the commencement of works on site the passing place shall be formed, and prior to the occupation of the dwellinghouse all the other approved improvements to the private way shall be undertaken in accordance with the approved details.

Reason : In the interests of road safety, in order to ensure the implementation of improvements to the private way which are commensurate with the scale of the development.

9. Any details pursuant to Condition 1 above shall full details of the private foul drainage system to serve the development. Such details shall show a septic tank or biological treatment plant with sub-soil soakaway system, and shall show the position of the adjacent septic tank and soakaway, together with percolation test results. Thereafter, prior to the occupation of the dwellinghouse hereby approved, the foul drainage system shall be fully installed in accordance with the approved details.

Reason: In the interests of public health, in order to ensure an adequately foul drainage system to serve the development.

10. Any details pursuant to Condition 1(b) above shall show a scheme hard and soft landscaping work. Such details shall include:

• Location and design, including materials of any walls, fences and gates; • Surface treatment of means of access and hardstanding areas; • Soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; • Programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. Any trees or plants which within a period of ten years from the completion of the development die, or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity in order to help integrate the proposal into its landscape setting.

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11. Any details pursuant to Condition 1(a) shall show full details of the on-site parking and turning facilities to serve the development. Such details shall show parking provision which is commensurate with the size of the dwelling house, i.e. for 1 bedroom, 2 spaces; 2 bedrooms, 3 spaces; 4 or more bedrooms, 4 spaces. Thereafter, the parking and turning provision shall be formed in accordance with the approved details prior to the occupation of the dwelling house and thereafter maintained for that purpose in perpetuity.

Reason: In the interests of road safety in order to ensure adequate on-site parking and turning provision to serve the development.

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APPENDIX RELATIVE TO 05/00061/OUT

A. POLICY OVERVIEW

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

Approved Argyll and Bute Structure Plan

STRAT DC 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.

Adopted Lorn Local Plan

HO 23 In countryside outwith the inset maps and Oban Catchment Area the Council is in favour of single or small scale residential development, providing there are no infrastructure, servicing or environmental constraints. Particular attention will be pain to infill, rounding-off and redevelopment opportunities related to existing development and landform. RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

(a) National Scenic Area : (I)Lynn of Lorn; (ii) Ben Nevis and Glencoe (b) Regional Scenic Areas : (I) Knapdale/Melfort; (ii) North Argyll (c) Regional Scenic Coasts : North West Argyll (d) Areas of local landscape significance : (I) Loch Etive/Benderloch Coast; (ii) Loch Awe; (iii) Loch Nell; (iv) Glen Lonan; (v) Loch Avich; (vi) Glen Gallain/Loch Scammadale.

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

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

BE 1A The Council will encourage new works for uses which will result in the preservation and/or positive enhancement of buildings of architectural and historic interest, ancient monuments and sites of archaeological importance. The Council will normally permit only those alteration to statutory listed buildings which maintain and/or enhance their special architectural or historic qualities. The Council will seek to protect the sites and settings of buildings of architectural and historic interest, ancient monuments and sites of archaeological importance from developments which would have a detrimental impact.

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Government Advice/Guidance

PAN 72 New Housing in the Countryside

The purpose of the advice in this PAN is to create more opportunities for good quality rural housing which respects Scottish landscapes and building traditions

The guidance and advice indicates that the amount and location of housing that can be developed in rural areas is determined by a number of factors, these include

PAN 42 & Archaeology and Planning NPPG 5 Both of these documents highlight the Government’s policy with respect to archaeology and provide advice and best practice guidance on how to handle archaeological interests through the development control process.

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this particular site.

(ii) Consultations

Response Date Comment Scottish Environmental Protection Agency 7.2.05 No objections. Area Roads Manager No response West of Scotland Archaeology Service 10.2.05 No objection subject to conditions Kilninver & Kilmelford Community Council 10.2.05 Have made the following observations: Public Protection Service 1.4.05 No objection subject to conditions

a) This application is directly on a derelict sheepfold which according to the Archaeological Service of Council of Argyll and Bute is a site of Local Historical Significance since such sheepfolds are generally themselves located on the site of medieval ruins. Sometimes the Archaeological Service request that the application site be moved away from such ruins, but generally insists that the applicant commissions a full archaeological survey on the site and surrounding area. The Community Council feel that this matter should be fully investigated prior to any approval being granted. b) This application forms part of an increasingly large-scale development, which is not compliant with the Local Plan for this area. c) This application is one of a large number that have been lodged by the same applicant in recent times. It is of some concern to this Community Council that the Trustees of the estate continue to submit applications in areas clearly unsuitable for development. The Community Council urge you to request a long-term development plan from the applicant before any further applications are approved. d) We would also suggest that a site meeting be held between the developers, the Planning Department and the Community Council to review the development possibilities in this area. This

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could clearly outline what is and isn’t acceptable, and prevent further wastage of time and money in a constant barrage of applications.

(iii) Publicity and Representations

Advert Type : None required Closing Date: n/a

Representations : Yes

Name Address Letter dated James MacIntyre Cuil Na Thall, Glen Euchar, Kilninver Argyll 10.2.05 PA34 4UU Frank A Rennie Lagganbeg Cottage, Glen Euchar, Kilninver, 26.1.05 by Oban, Argyll PA34 4UU R and A Lightfoot Feoran, Glen Euchar, Kilninver, Argyll PA34 11.2.05 4UU Mr Hans Unkles Sandilands, Tayvallich, by Lochgilphead, 14.2.05 Argyll PA31 8PN Mrs Judy Unkles Lagganbeg, Kilninver, by Oban, Argyll PA34 14.2.05 4UU David G Blanche The Beeches, 7 Montgomerie Terrace, 15.2.05 Skelmorlie, Ayrshire PA17 5DT

Summary of objections raised

Concerns raised over substandard nature of access track to Lagganbeg and questions raised as to whether the Council would seek the improvement of the track to a road to adoptable standard and whether the Council would adopt such a road. If not adopted, the developer of the site should be liable for improvements.

Comment : In terms of the Roads Policy two additional houses can be served off this private way before requiring the way to be upgraded to adoptable standard (see my assessment). Improvements will however be required which are commensurate with the scale of development. A Condition is proposed to secure these improvements.

• Concerns raised over condition of Scammadale public road and it suitability for additional traffic.

Comment : The Area Roads Manager has not responded yet, however no objections have previously been received to other applications in terms of this issue.

Concerns raised over the lack of information with respect to the proposed water supply and further concern raised that there is insufficient quantity of water to accommodate an additional dwellinghouse.

Comment : A Condition is proposed to secure full details of the proposed water supply to ensure the water is taken from a source which has adequate quantity of water and which will not affect the water supply to the nearby residential properties.

Concerns raised over the suburbanisation of this small rural community as a result of the increased density of the development and over the loss of privacy and amenity as a result of a house in this position.

Comment : It is considered that this small scale development can accommodate an additional dwellinghouse on this site without adversely affecting the rural character of the area, the landscape quality and without adversely affecting the privacy and amenity of the adjacent properties.

Concerns raised over the archaeological interests of the site.

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Comment: The West of Scotland Archaeology Service has raised no objection to the proposal, subject to a condition requiring a watching brief.

Concerns raised over possible contamination of the site.

Comment: A condition is proposed to secure full assessment of the site in terms of contamination and removal and remediation measures to be fully implemented.

Concerns raised that no operational need claim has been made in support of the application.

Comment: No such claim has been made in support of this application. It is considered the proposal is justifiable in terms of environmental impact.

Request made for site meeting.

Comment: Members of the Committee can determine to hold a committee site inspection if considered appropriate.

Concerns raised over the position of the proposed soakaway in close proximity to the neighbouring septic tank and soakaway.

Comment: A condition is proposed to secure full details of the foul drainage arrangements. Distances from boundaries, dwellinghouses and other foul drainage systems will be regulated by Building Control.

Concerns raised over the addition of an electricity transformer onto the existing pole in neighbours garden, given the increase change of lightening strike.

Comment: This is an issue for the electricity supplier and their rights to carry out work/additions to the pole in question.

Concerns raised over the number of applications being submitted and withdrawn

Comment: It is understood that this resubmission of previously withdrawn applications appears to have stemmed from a lack of communication from the agents.

Concerns raised that only three of the existing houses are shown on the application plans, not the four as existing.

Comment: The plan is based on the Ordnance Survey plan, which has not been updated yet.

As the proposed site lies on the opposite side of the track from the other houses, it cannot be considered to be infill or rounding off.

Comment: It is considered the proposal does represent rounding-off of this small settlement – see my assessment.

Proposal would adversely affect the character of the landscape quality of this area.

Comment: It is considered the proposal can be successfully integrated into this landscape without having an adverse visual impact.

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 19th January 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

7th April 2005

Reference Number: 05/00079/DET Applicants Name: Scottish Water Application Type: Detailed Application Application Description: Construction of a waste water pumping station, lay-by and ancillary works Location: Land adjacent to DAL NA BEICH, NORTH CONNEL.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of control kiosks; • Formation of a lay-by; • Installation underground dry well/valve, storm storage tank, CSO chamber and associated pipe work; • Engineering operations to re-grade the land around the pumping station.

(B ) RECOMMENDATION

Subject to consideration of this application by means of an informal hearing the proposal is recommended for approval subject to conditions and reasons.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Introduction

This current proposal comprises part of an overall scheme for the collection and transfer of wastewater from North Connel and is considered at this Committee meeting alongside an application for a new treatment works at Lora View, North Connel (Ref. 05/00318/DET).

Normally only the lay-by and the control kiosk would require express planning permission from the Council, as the Planning Authority, as any underground works associated with the provision of a new sewer would be ‘permitted development’ in terms of Class 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. However, in this case planning permission is required for all elements of the proposal as the pumping station is not technically all underground. As part of the proposal Scottish Water is seeking to build a tank above the level of the existing sloping bank.

Whilst it could be argued that there are potentially alternative sites for the location of this pumping station, the Council is required to assess the specific merits of this case and to decide whether there are any planning land use reasons why the proposal should not proceed.

The Development Plan.

The site is within a Local Scenic Area. Policy RUR 1 identifies the Loch Etive/Benderloch coast as one of local landscape significance. Development affecting this area is subject to Policy RUR 2 which identifies the key determining issues as follows:

i) Visual Impact.

The lay-by forms a minor extension to the public road network in visual terms and has no significant adverse visual impact.

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The ground level around the immediate area of the underground pumping station is to be levelled. The edges of this area are to be re-graded and the whole area grassed over to integrate the proposal into the existing area. Some trees of modest size will be lost on the western side of the site.

Above ground level, the proposal consists of the construction of two control kiosks. The kiosks are 2.5m x 2.0m x 2.1 m high and 3.0m x 0.8m x 2.0m high. The kiosks are to be constructed from glass reinforced plastic, finished in a dark olive green colour. In my opinion this is not an acceptable finish and a more appropriate design will be sought through a landscaping condition.

The site is presently open with excellent views over Loch Etive. Those views will be further opened up by the removal of trees and scrub but the new kiosks will be imposed on those views. Scottish Water were asked whether the ground level of the site could be lowered to reduce the visual impact of the kiosks but contend that this is not possible for operational and technical reasons.

In my opinion, the impact of the kiosks, if appropriately clad, is not sufficiently severe to warrant refusal of the application. Appropriate planting might further soften their appearance, and a landscaping condition is recommended.

Locational/ Operational Need.

The whole of the catchment for the new wastewater scheme is within the local scenic area.

ii) Economic Benefit.

The wastewater scheme is intended to replace direct discharges to Loch Etive and to meet the current directives in respect of water quality in shellfish production areas. Clearly a cleaner loch is potentially more productive and this may be considered to be an economic benefit.

iii) Infrastructure and Servicing Implications.

There are no adverse implications.

The Consultative Draft Argyll and Bute Local Plan designates the area between the road and the shore as an open space protection zone. There is a tension between the proposal and the emerging policy for protected open spaces, which presumes against development, but at this stage little weight can be given to the emerging plan and the application must be determined on the basis of the adopted plan policies.

Road Safety

The Area Roads Manager has raised no objection to the proposal subject to conditions requiring full construction details of the lay-by and access. The Area Roads Manager has further advised that construction consent and a road opening permit will be required for the works.

Impact on residential amenity

A significant number of objections have been received from the residents of Dal na Beich with respect to the impact that this proposal will have on their residential amenity. With regard to an assessment against the requirements of Policy COM 4 of the Lorn Local Plan, concerning potentially bad neighbour developments, the Council’s Public Protection Service has raised no objections to the proposal, subject to a number of conditions. Their comments are as follows (in summary): Air Quality: It is not anticipated that the proposals would lead to any adverse impacts upon air quality during the routine operation of the works, but dust may be generated during construction. A Dust Management Plan should be submitted by the applicant. Odour: Pumping stations have the potential to give rise to odour emissions, particularly where sewage has been resident within the sewer network for extended periods. In this case the pumping station is relatively small and at least 30 metres from the nearest house. However, if the station is properly designed, constructed, operated and maintained to current standards, it can function without causing nuisance Conditions are therefore recommended in order to ensure that the pumping station will be designed to incorporate the most appropriate odour control plant, and be suitably operated and maintained in order to protect the amenity of the area.

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Noise: There are provisions contained within the Control of Pollution Act 1974 (as amended) which would allow for the effective control of noise during the construction phase, should this prove necessary. However, noise may also arise from the operation of the pumps and from occasional vehicle movements to and from the site for the purposes of maintenance, once the plant is functional. Conditions are therefore recommended in this regard. Lighting: Neither the application or supporting information indicate provisions for lighting during operation and maintenance. Poorly designed and positioned lighting can be detrimental to the amenity of an area. At present, lighting can only be controlled via the planning process and a condition is therefore recommended in this regard. On this basis, it is considered the development will not adversely affect the amenity of residential properties located in the adjoining area.

Informal Path on the Site.

An informal path crosses the site. Under the Land Reform (Scotland) Act 2003 the Council has a duty to uphold access to an established trod path. There is no alternative path to the shore close to the site and a condition is therefore recommended requiring the applicant to accommodate an alternative route through the site.

(D ) NEED FOR AN INFORMAL PUBLIC HEARING

Given the level of public representation that has been received concerning this issue, it is considered necessary for an informal hearing to be held in determination of this application.

(E ) CONCLUSION

It is considered the proposal will not have an adverse visual impact, raises no road safety concerns and will not have an adverse impact on the amenity of the existing residential properties in the adjoining area.

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567954

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00079/DET

1. Standard detailed. 2. Prior to the commencement of works on site full details of the proposed lay-by shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Area Roads Manager. Such details shall include the geometry, makeup and final surface of the approved lay-by and shall demonstrate the provision of 2.4m x 60m visibility splays or other splays agreed in writing by the Planning Authority and shall incorporate a verge of at least 1 metre width between the edge of the lay-by and the boundary of the pumping station site. Reason: In the interests of road safety. 3. The calculated noise levels arising from the operation of the pumping station shall not increase pre- determined ambient background noise levels (the LA90), by more than 3dBA at the nearest noise sensitive property when measured in accordance with BS4142: 1997. Prior to the commencement of works on site, full details of the calculated noise levels, the ambient background noise levels and identification of the locations of the closest noise sensitive premises, shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service. Reason: In the interests of residential amenity in order to ensure no noise nuisance arising from the operation of the pumping station. 4. Prior to the commencement of works on site, full details of pumping station with specific respect to odour control shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service. Thereafter the pumping station shall be constructed in accordance with the approved details. Reason: In the interests of residential amenity in order to ensure no odour nuisance arising from the operation of the pumping station. 5. The pumping station and associated plant shall be maintained in accordance with the manufacturer’s recommendations. Prior to the commencement of works on site full details shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service, of a system for keeping records of maintenance and monitoring of plant performance, including response to complaints. Reason: In the interests of residential amenity in order to ensure adequate maintenance of the on-site equipment. 6. Any external lighting to be provided at the site during and after construction shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s Public Protection Service. Such details shall show the lighting units operated, positioned and angled downwards to prevent glare or light spillage outwith the boundary of the site, having regard to the Institute of Lighting Engineers Guidance. Thereafter the approved lighting shall be maintained in accordance with the approved details. Reason: In the interests of residential amenity in order to prevent spillage of light from the site. 7. Prior to the commencement of construction works, full details of the intended methods of dust suppression for the construction of the waste water facility shall be submitted to and approved in writing by the Planning Authority in consultation with the Public Protection Service Reason: In the interests of residential amenity. 8. Prior to the commencement of works on site, full details of a scheme of hard and soft landscaping, including measures to be taken to protect the watercourse to the west shall be submitted to and approved in writing by the Planning Authority. Any trees or shrubs required to be planted under the approved scheme shall be maintained and any specimens which fail to be established within ten years of the coming into operation of the station shall be replaced with similar specimens or substitutes to be agreed in writing with the Planning Authority Reason: In the interests of visual amenity.

9. Prior to the commencement of works on site, full details of a scheme for cladding the kiosks in natural stone or another approved material shall be submitted for the written approval of the Planning Authority, and the station shall not come into operation until the approved cladding has been executed.

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Reason: In the interests of visual amenity.

10. Prior to the commencement of works on site, full details of a scheme for accommodating the path to the shore shall be submitted for the written approval of the Planning Authority, and the station shall not come into operation until the approved path has been executed.

Reason: To maintain an established trod path in accordance with the requirements of the Land Reform (Scotland) Act 2003.

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APPENDIX RELATIVE TO 05/00079/DET

(A) POLICY OVERVIEW

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

Lorn Local Plan

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

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

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Area Roads Manager 13.04.05 No objection subject to conditions Scottish Environmental Protection Agency 21.02.05 No objections subject to necessary approvals for discharges. Public Protection Service 05.04.05 No objection subject to conditions Ardchattan Community Council 09.03.05 Concerned about the appearance of the kiosks. Would like to see a landscaping scheme if the installation cannot be set further down the bank. West of Scotland Archaeology 10.02.05 No objections.

(iii) Publicity and Representations

Advert Type: Section 34 and Article 9 Closing Date: 24th February 2005

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Representations: 5 letters of objection have been received to the proposal, in addition to a petition against the proposal containing 20 signatures, all from the local area (7 of whom also wrote individually).

Name Address Letter date Mr and Mrs Cotton 9, Dal na Beich 26.01.05 Mrs M. MacMillan 7, Dal na Beich 20.01.05 Mary Henderson 10, Dal na Beich 27.01.05 M, C and L. Tipping 4, Dal na Beich 26.01.05 Mr and Mrs Jones 8, Dal na Beich 21.01.05 The objections may be summarised: - Likelihood of noise and odours. The site is too close to houses. Comment: There is no objection from Environmental Protection and safeguarding conditions are recommended. - Visual impact of the kiosks and fence. Comment: There is no proposal for a fence. The visual aspects are discussed in the report. - There are alternative sites. Comment: The applicants contend that this site is the only one available after a search. The application must be determined on its merits on the site applied for. - Site is used for access to the shore. Comment: The informal access is not a right of way but there is a duty on the Council to protect other established paths. See report above. - The lay-by will encourage fly tipping. Comment: The open character of the site will discourage fly tipping. - The maintenance vehicles will cause a hazard. Comment: The Area Roads Manager raises no objections. - The outfall from the pond to the north will be disrupted. Comment: Scottish Water is requested to accommodate this outfall in the detailed design.

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DEVELOPMENT SERVICES Local Member - Councillor E. Robertson PLANNING APPLICATION REPORT Date of Validity - 18th February 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

7th April 2005

Reference Number: 05/00318/DET Applicants Name: Scottish Water Application Type: Detailed Application Application Description: Construction of a waste water treatment works. Location: Land adjacent to LORA VIEW, NORTH CONNEL.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of control kiosk; • Formation of access road; • Installation underground valve chambers, storage chambers, septic tanks, CSO chamber and associated pipe work; • Engineering operations to re-grade the land around works.

(B ) RECOMMENDATION

Subject to consideration of this application by means of an informal hearing the proposal is recommended for approval subject to the results of an archaeological investigation.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Introduction

This current proposal comprises part of an overall scheme for the collection and transfer of wastewater from North Connel and is considered at this Committee meeting alongside an application for a pumping transfer station at Dal na Beich, North Connel (Ref. 05/00079/DET).

Normally only the road and the control kiosk would require express planning permission from the Council, as the Planning Authority, as any underground works associated with the provision of a new sewer would be ‘permitted development’ in terms of Class 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. However, in this case planning permission is required for the septic tanks as they are not technically all underground. As part of the proposal Scottish Water is seeking to build tanks above the level of the existing ground.

The key determining issues relating to this proposal are as follows:

The Development Plan.

i) Visual Impact.

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The site is close to the open foreshore of Loch Etive in the flat peat land which extends across the adjacent airfield and the Moss of Achnacree. The site is within an extensive area of gorse scrub but its character is broadly a developed character between the Lora View houses and the airfield.

The only visible elements will be the 2.5m x 1m x 2m high control kiosk, and the formation of a clearing in the gorse scrub. In my opinion, the impact of the kiosk is not sufficiently severe to warrant refusal of the application. Its appearance would be softened by appropriate planting, and a landscaping condition is recommended.

Locational/ Operational Need.

The whole of the catchment for the new wastewater scheme is within the local scenic area.

ii) Economic Benefit.

iii) Infrastructure and Servicing Implications.

There are no adverse implications.

The Consultative Draft Argyll and Bute Local Plan designates the area between the road and the shore as an countryside around settlement. Subject to the analysis and conditions given above in respect of current policies, the proposal does not appear to be inconsistent with the concept of this designation.

Road Safety

The Area Roads Manager has raised no objection to the proposal subject to conditions requiring full construction details of the access. The Area Roads Manager has further advised that construction consent and a road opening permit will be required for the works.

Impact on residential amenity

A significant number of objections have been received from the residents of Lora View with respect to the impact that this proposal will have on their residential amenity. With regard to an assessment against the requirements of Policy COM 4 of the Lorn Local Plan, concerning potentially bad neighbour developments, the Council’s Public Protection Service has raised no objections to the proposal, subject to a number of conditions. Their comments are as follows (in summary): Air Quality: It is not anticipated that the proposals would lead to any adverse impacts upon air quality during the routine operation of the works, but dust may be generated during construction. A Dust Management Plan should be submitted by the applicant. Odour: Pumping stations have the potential to give rise to odour emissions, particularly where sewage has been resident within the sewer network for extended periods. In this case the pumping station is relatively small and at least 30 metres from the nearest house. However, if the station is properly designed, constructed, operated and maintained to current standards, it can function without causing nuisance Conditions are therefore recommended in order to ensure that the pumping station will be designed to incorporate the most appropriate odour control plant, and be suitably operated and maintained in order to protect the amenity of the area. Noise: There are provisions contained within the Control of Pollution Act 1974 (as amended) which would allow for the effective control of noise during the construction phase, should this prove necessary. However, noise may also arise from the operation of the pumps and from occasional vehicle movements to and from the site for the purposes of maintenance, once the plant is functional. Conditions are therefore recommended in this regard. Lighting: Neither the application or supporting information indicate provisions for lighting during operation and maintenance. Poorly designed and positioned lighting can be detrimental to the amenity of an area. At present, lighting can only be controlled via the planning process and a condition is therefore recommended in this regard.

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On this basis, it is considered the development will not adversely affect the amenity of residential properties located in the adjoining area.

(D ) NEED FOR AN INFORMAL PUBLIC HEARING

Given the level of public representation that has been received concerning this issue, it is considered necessary for an informal hearing to be held in determination of this application.

(E ) CONCLUSION

Angus J Gilmour Head of Planning

Author: Ian McIntyre 01631 567954

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00318/DET

1. Standard detailed. 2. Prior to the commencement of works on site full details of the proposed access road shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Area Roads Manager. Such details shall include the geometry, makeup and final surface of the approved access road. Reason: In the interests of road safety. 3. The calculated noise levels arising from the operation of the pumping station shall not increase pre- determined ambient background noise levels (the LA90), by more than 3dBA at the nearest noise sensitive property when measured in accordance with BS4142: 1997. Prior to the commencement of works on site, full details of the calculated noise levels, the ambient background noise levels and identification of the locations of the closest noise sensitive premises, shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service. Reason: In the interests of residential amenity in order to ensure no noise nuisance arising from the operation of the pumping station. 4. Prior to the commencement of works on site, full details of pumping station with specific respect to odour control shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service. Thereafter the pumping station shall be constructed in accordance with the approved details. Reason: In the interests of residential amenity in order to ensure no odour nuisance arising from the operation of the pumping station. 5. The pumping station and associated plant shall be maintained in accordance with the manufacturer’s recommendations. Prior to the commencement of works on site full details shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Public Protection Service, of a system for keeping records of maintenance and monitoring of plant performance, including response to complaints. Reason: In the interests of residential amenity in order to ensure adequate maintenance of the on-site equipment. 6. Any external lighting to be provided at the site during and after construction shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s Public Protection Service. Such details shall show the lighting units operated, positioned and angled downwards to prevent glare or light spillage outwith the boundary of the site, having regard to the Institute of Lighting Engineers Guidance. Thereafter the approved lighting shall be maintained in accordance with the approved details. Reason: In the interests of residential amenity in order to prevent spillage of light from the site. 7. Prior to the commencement of construction works, full details of the intended methods of dust suppression for the construction of the waste water facility shall be submitted to and approved in writing by the Planning Authority in consultation with the Public Protection Service Reason: In the interests of residential amenity. 8. Prior to the commencement of works on site, full details of a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Planning Authority. Any trees or shrubs required to be planted under the approved scheme shall be maintained and any specimens which fail to be established within ten years of the coming into operation of the station shall be replaced with similar specimens or substitutes to be agreed in writing with the Planning Authority Reason: In the interests of visual amenity.

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APPENDIX RELATIVE TO 05/00318/DET

(A) POLICY OVERVIEW

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

Lorn Local Plan

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None specific to this site.

(ii) Consultations

Response Date Comment Area Roads Manager 13.04.05 No objection. Scottish Environmental Protection Agency 31.03.05 No objections subject to necessary approvals for discharges. Public Protection Service 05.04.05 No objection subject to conditions Ardchattan Community Council No comment received at time of report. West of Scotland Archaeology 23.03.05 Prior investigation required.

(iii) Publicity and Representations

Advert Type: Section 34 and Article 9 Closing Date: 24th March 2005

Representations: 3 letters of objection have been received to the proposal, in addition to a petition against the proposal containing 48 signatures, all from the local area objects of the basis of the competence of Scottish Water and the issue of road safety.

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Name Address Letter date Mr J. Rochead 34 Lora View 11.03.05 Mr and Mrs Black 26 Lora View 04.03.05 Mr J McLuckie 12 Benmore View 06.03.05 The objections may be summarised: - Likelihood of noise and odours. The site is too close to houses. Comment: There is no objection from Environmental Protection and safeguarding conditions are recommended. - Visual impact. Comment: The visual aspects are discussed in the report. - There are alternative sites. Comment: The applicants contend that this site is the only one available after a search. The application must be determined on its merits on the site applied for. - Impact on wildlife. Comment: The site has no acknowledged wildlife status. - The access is via a residential road. The development will affect road safety. Comment: The Area Roads Manager raises no objections. - The recreational use of the area will be harmed. Comment: The proposal does not restrict access to the area or the shore.

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DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 14th February 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

24th March 2005

Reference Number: 05/00245/OUT Applicants Name: Daniel and Elma Nee Application Type: Outline Application Application Description: Site for the erection of a dwellinghouse Location: Land west of Mutiara, Clachan Seil, Isle of Seil

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of a dwellinghouse (no details submitted) • Installation of a septic tank (no details submitted)

Other Specified Operations.

• Existing vehicular access to be used • Connection to public water main

(B ) RECOMMENDATION

The proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwellinghouse (no details submitted) on an area of fairly level, open land, on the landward side of the public road, immediately to the south west of an existing dwellinghouse known as ‘Mutiara’, located between the settlements of Clachan Seil and Balvicar. Adopted Lorn Local Plan

The site lies within the Lorn Local Plan Inset Map for Balvicar. Balvicar is considered to be a sensitive settlement, as defined by Policy HO 22, within which large scale or unsympathetic development could have a detrimental effect on the existing landscape and servicing. Accordingly, new housing development has been restricted to those areas identified by Policy HO 22 on the Inset Map. Only in exceptional circumstances will the Council grant approval for a house on greenfield sites outwith these identified areas. To satisfy these exceptional circumstances, the applicant would require to demonstrate an overriding locational or operational need.

This site lies outwith the areas identified as being suitable for new housing development, and no claim of locational/operational need has been made in support of this application.

The proposal is therefore contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration 1993.

Draft Argyll and Bute Local Plan

The Draft Argyll and Bute Local Plan has identified the site as being within ‘Countryside around Settlements’ within which STRAT DC 2 of the Draft Argyll and Bute Local Plan encourages only appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on individual crofts. Developments which will erode the setting of settlements or result in undesirable forms of ribbon development are considered to be contrary to this policy.

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The erection of a dwellinghouse on this site will result in a linear form of development along the road side, which does not represent either small scale infill or rounding off development and the proposal does not represent redevelopment.

This form of linear ribbon development is considered to be undesirable and is contrary to Policy STRAT DC 2 of the Approved Argyll and Bute Structure Plan and the Draft Argyll and Bute Local Plan.

Servicing and Infrastructure

It is proposed to use the existing vehicular access serving ‘Mutiara’ to serve the proposed dwellinghouse. The Area Roads Manager has not responded to the consultation. My department has not pursued these comments given the recommendation of refusal.

The proposal is to be connected to the public water supply and a single septic tank is to be installed (no details submitted). No comments have as yet been received from Scottish Water or the Scottish Environmental Protection Agency. There does appear to be sufficient land within the applicants control to allow for a septic tank and soakaway.

(D ) CONCLUSION

• The proposal is contrary to Policy HO 22 of the Adopted Lorn Local Plan.

• The proposal is contrary to Policy STRAT DC 2 of the Draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: Ian McIntyre 01631 567951

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 05/0245/OUT

1. The site lies within the ‘Sensitive Settlement’ of Balvicar as defined by Policy HO 22 of the adopted Lorn Local Plan. In order to protect the settlement from large scale or unsympathetic development which could have a detrimental effect on the existing landscape setting and servicing, Policy HO 22 has restricted new housing development to specific areas. The proposed site lies outwith the areas identified by Policy HO 22 on Local Plan Inset Map as being suitable for new housing development, and the application is not supported by a locational/operational need claim to demonstrate exceptional circumstances. Accordingly the proposal is contrary to Policy HO 22 of the adopted Lorn Local Plan 2nd Alteration 1993.

2. The Draft Argyll and Bute Local Plan has identified the site as being within Countryside Around Settlements within which STRAT DC 2 encourages only small scale infill, rounding-off, and redevelopment sites and specifically discourages ribbon development. The erection of a dwellinghouse on this site would result in a linear form of development which would represent an undesirable form of ribbon development. The proposal is therefore contrary to Policy STRAT DC 2 of the Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan.

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APPENDIX RELATIVE TO 05/00245/OUT

A. POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

A) Within the Countryside Around Settlements encouragement shall be given development which accords with the settlement plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C). In special cases a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

Adopted Lorn Local Plan

HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy Above.

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Government Advice/Guidance

PAN 72 New Housing in the Countryside

The purpose of the advice in this PAN is to create more opportunities for good quality rural housing which respects Scottish landscapes and building traditions

The guidance and advice indicates that the amount and location of housing that can be developed in rural areas is determined by a number of factors, these include

(B) OTHER MATERIAL CONSIDERATIONS

(a) Site History

None

(ii) Consultations

Response Date Comment Area Roads Engineer Scottish Environmental Protection Agency Scottish Water Development Policy Unit

(iii) Publicity and Representations

Advert Type : Potential Departure Advert Closing Date: 21.4.05

Representations : None received

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DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 29th March 2005 OBAN, LORN AND THE ISLES Committee Date - 4th May 2005

12th April 2005

Reference Number: 05/00531/OUT Applicants Name: Ken and Elizabeth Lacy Application Type: Outline Application Application Description: Site for the erection of a dwelling house Location: Land East of Acha Farm, Balvicar, Isle of Seil.

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Site for the erection of a dwelling house (indicative site layout submitted) • Installation of a septic tank (no details submitted)

Other Specified Operations

• Connection to public water main • Formation of access/driveway, served directly from the existing private way.

(B ) RECOMMENDATION

Subject to no additional issues being raised before end of the advertisement period (21.4.05), the proposal is recommended for approval subject to conditions.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

It is proposed to erect a dwelling house on a site of 0.56 acres of ground to the immediate east of the existing residential development at Acha, on the outskirts of Balvicar.

This site, and the adjacent site have been the subject of two previous applications; 04/00392/OUT (adjacent site) for the erection of a dwellinghouse and domestic stable, and 04/00393/OUT (current site) for the erection of a dwellinghouse. Both of these applications were refused on the basis of inadequate visibility from the existing junction with the B8003.

The applicant appealed the adjacent site (04/00392/OUT). The Scottish Executive Inquiry Reporters Unit upheld the appeal, and approved this application.

This current application is a resubmission of the previous application (04/00393/OUT) in light of the material change in circumstances given the appeal decision.

Adopted Lorn Local Plan

The site lies within an area identified by Policy HO 20 of the Lorn Local Plan 2nd Alteration for new housing development. The principle of development is therefore consistent with the adopted Local Plan.

Planning Advice Note 72 Assessment

The site comprises relatively flat ground which features a raised mound to the immediate south of the site, between this site and another site, approved following appeal (Ref. No. 04/00392/OUT). To the immediate west of the site lies the modern, linear housing development known as Acha, comprising of seven houses between the public road and the private way and one dwelling house and the Small Paws Cattery to the north of the private way. The current proposal will introduce a dwelling house into

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an area already developed for housing, rounding-off the development by providing low density development on the opposite side of the private way. The house is to be situated adjacent to the private way, with the elevated ground to the south providing a backdrop to the existing development. This will help integrate the proposal by utilising existing landscape features. The position of the development in this location will also maintain the wide-open areas which separate the different clusters of development within this area of Seil. The proposal will not adversely affect the landscape character of this area.

Servicing and Infrastructure

• Access

The site is to be accessed via the existing private way at Acha, which currently serves eight dwelling houses. The Council’s ‘Interim Roads and Private Ways Policy’ (which is restated in Policy A 4 of the draft Argyll and Bute Local Plan) allows for the addition of two additional dwelling houses to be served off an existing private way, up to a maximum of ten. This proposed house, and the second house, approved under planning application Ref. No. 04/00392/OUT, represent the two additional dwelling houses, and would take the number of houses served off this private way to the maximum allowed.

The Council’s Roads Policy also requires proportionate improvements to a private way over which usage is to be increased. In this regard, it is suggested that a lay-by be formed at the entrance to the site. A condition is proposed to secure this improvement.

The two previous applications for this site (reference 04/00393/OUT) and the adjacent site (reference 04/00392/OUT) were both refused by Members on the basis that visibility from the existing junction with the B8003 Cuan to Balvicar Road was inadequate and could not be improved.

The applicant appealed this decision on application 04/00392/OUT for the adjacent site. In summary, the appeal was allowed as the Reporter considered the sight line deficiency in this case to be marginal and dependent to an extent on the position selected to take measurements. The Reporter did not consider the sight line deficiency, if it exists, to be sufficient reason to withhold planning permission for the proposal.

Given the Appeal decision on the adjacent site, and as this current application raises the same issues, my department considers it would be unreasonable to refuse this proposal again on the basis of road safety.

• Drainage and Water Supply

The proposed house is to be served by a septic tank and connection is to be made to the public water supply. No adverse comments have been received from the Statutory Consultees.

Approved Argyll and Bute Structure Plan and Draft Argyll and Bute Local Plan

The draft Argyll and Bute Local Plan identifies this site as Countryside Around Settlements, within which encouragement is only given to development which accords with the settlement plan for the area, including small scale infill, rounding-off, redevelopment, and change of use proposals. The current proposal cannot realistically be considered as rounding-off of the existing built form, therefore this proposal does not conform with the settlement plan for Acha defined by the new Plan.

During the assessment of the previous application, reference 04/00393/OUT the Council’s Development Policy Unit advised that that Lorn Local Plan 2nd Alteration designates the site as a Housing Allocation and as such the development of this site for housing conforms with the adopted Local Plan. The previous Housing Allocation status of the site was removed as it was felt that the site was not effective as it had not been developed for a considerable period of time. Given that an application for housing development has now been made it would appear that this assessment of effectiveness may have been made in error. On this basis the Development Policy Unit has advised

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they have no objection to the proposal being determined in accordance with the adopted Lorn Local Plan.

(D ) CONCLUSION

• The proposal is consistent with Policy HO 20 of the adopted Lorn Local Plan.

• The proposal is consistent with the guidance contained within Planning Advice Note 72.

• The proposal is consistent with the Council’s Interim Roads and Private Ways Policy.

• The proposal will not prejudice the draft Argyll and Bute Local Plan.

Angus J Gilmour Head of Planning

Contact: Ian McIntyre 01631 567951

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00531/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the undermentioned reserved matters before any development is commenced:- (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; and (d) details of the proposed water supply and drainage arrangements. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Any details pursuant to Condition 1(a) above shall show a single or one and a half storey house, of local traditional design, which incorporates the following elements:

(i) predominantly rectangular shape with gable ends; (ii) a roof pitch of between 35 and 42 degrees; (iii) tradition ‘peaked’ roof dormer windows and porches shall be encouraged; (iv) exposed underbuilding of no more than 1 metre above finished ground level on any elevation; (v) the roof finished in natural slate or a good quality slate substitute; and (vi) the external walls finished in a white painted wet dash/smooth cement render or natural stone or a combination of both.

Reason: In the interests of visual amenity, in order to integrate the proposal into its landscape/townscape setting.

5. Any details pursuant to Condition 1(c) above shall show full details of the proposed access onto the private way. Such details shall show the access designed in accordance with the Council’s Road Services Drawing No. NA/32/05/2a. Thereafter, prior to work starting on the construction of the dwelling house, the access shall be formed in accordance with the approved details, with the final surfacing, for the first five metres back from the edge of the private way, laid prior to the occupation of the dwelling house.

Reason: In the interests of road safety, in order to ensure commensurate road improvements proportionate to the scale of development.

6. Any details pursuant to Condition 1(a) above shall show full details of the on-site parking and turning facilities for vehicles. Such details shall show parking and turning for vehicles commensurate with the size of the property to be provided, i.e. one parking pace per bedroom. Thereafter, the parking and turning areas shall be provided in accordance with the approved details, and thereafter maintained in perpetuity, prior to the first occupation of the dwelling house hereby approved.

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7. Any details pursuant to Condition 1(b) above shall provide full details of the scheme of hard and soft landscaping works. Details of the scheme shall include:

(i) location and design, including materials, of walls, fences and gates; (ii) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; and (iii) a programme for completion and subsequent on-going maintenance for a period of at least 10 years.

Reason: To ensure the implementation of a satisfactory scheme of landscaping.

8. Any details pursuant to Condition 1(d) above shall show full details of foul drainage arrangements to serve the site. Such details be designed in consultation with the Scottish Environmental Protection Agency and shall show a communal private system to serve both this plot and the house plot approved under planning application Ref. No. 04/00392/OUT, unless otherwise first agreed in writing with the Council, as the Planning Authority.

Reason: In the interests of public health in order to provide adequate foul drainage arrangements to serve the site and to avoid a proliferation of septic tanks.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 05/00531/OUT

Scottish Water have advised as follows:

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

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

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

You are advised to contact them direct to discuss this matter

Contact:

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

Tel: 0845 601 8855

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APPENDIX RELATIVE TO 05/00531/OUT

(A) POLICY OVERVIEW

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

Argyll & Bute Structure Plan

STRAT DC 2 Development within the Countryside Around Settlements

A) Within the Countryside Around Settlements encouragements shall be given to development which accords with the settlements plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwelling houses on bareland crofts or single additional dwelling houses on individual crofts subject to consistency with STRAT AC 1C). In special cases, a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

Adopted Lorn Local Plan

HO 20 This area of 0.5 hectare or over is identified for private residential development. Regard will be had to the principles set out in the Government’s Planning Advice Note 36 when assessing development proposals.

Draft Argyll and Bute Local Plan

STRAT DC 2 Development within the Countryside Around Settlements

See Structure Plan Policy STRAT DC 2 above.

A 4 Development, Road and Private Accesses

A) Development shall be served by roads (over which the public have a right of access) but allowing for private access arrangements which meet the following criteria: 3. the private accesses comprise an existing access which is to serve or be extended to serve up to 5 dwelling houses or an additional 2 dwelling houses up to a maximum of 10 dwelling houses whichever is the greater. B) Private accesses shall have a suitable layout, design dimension and construction to function effectively and safely. Where the development involves, directly or indirectly, increased use of an existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access conditions will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access.

Informal Council Policy

Roads and Private Ways As stated in Policy A4 of the Draft Argyll and Bute Local Plan.

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Government Advice/Guidance

PAN 72 New Housing in the Countryside

The purpose of the advice in this PAN is to create more opportunities for good quality rural housing which respects Scottish landscapes and building traditions

The guidance and advice indicates that the amount and location of housing that can be developed in rural areas is determined by a number of factors, these include

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

294/75: Erection of 12 dwelling houses: Refused 17th February 1976.

04/00392/OUT : Erection of a dwellinghouse and domestic garage : Refused 5.5.04 : Approved following Appeal.

04/00393/OUT : Erection of a dwellinghouse (same proposal as current application) : Refused 5.5.04

(ii) Consultations

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

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land Advert Closing Date: 21st April 2005

Representations: Two letters of representation have been received:

Name Address Letter date Mrs Carole Finch Tigh a Ghlinne, Acha, Balvicar, Oban, Argyll PA34 4RJ 4.4.05 & 28.3.05

The points raised can be summarised as follows:

• Concerns raised over the need for adequate drainage of water from the site.

Comment : This matter will be dealt with by Building Control.

• Concerns raised over adequate foul drainage provision.

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Comment : There are no objections in principle to the use of a septic tank to serve the development. Full details of the type, location and method of outfall will be required as a reserved matter and will also be regulated by Building Control and SEPA.

• Comments made that this application should be subject to the same stringent reserved matters as the other application granted at appeal.

Comment : The reserved matters and conditions proposed are very similar to those attached to the adjacent consent.

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

DEVELOPMENT SERVICES 4 MAY 2005

POSTBUS SERVICES WITHIN THE OBAN, LORN AND THE ISLES AREA

1. SUMMARY

The purpose of this report is to inform members that Royal Mail has advised the Council of their intention to withdraw PostBus Service 187 between Salen and Ulva Ferry on the Island of Mull and also PostBus Service 192 between Dalmally and Bridge of Orchy.

2. RECOMMENDATION

It is recommended that members note the intention of Royal Mail to withdraw these services and agree that financial support from the Council should not be given to either service.

3. BACKGROUND

For the past two years there has been a marked change of policy towards PostBus Services by Royal Mail. At one time, the policy was to convert as many rural mail runs as possible to PostBus services in order to obtain the benefits of fuel duty rebate and gain whatever level of passenger revenue could be generated. However, it now appears that the financial incentive in favour of PostBus operation has disappeared and many routes throughout the country are likely to be withdrawn as passenger- carrying vehicles fall due for replacement.

PostBus Service 187 operates between Salen and Ulva Ferry on the Island of Mull using a Peugeot 406 Estate car that has reached the end of its lease. The service operates twice-daily leaving Salen at 0535 and 0915 on Mondays and 0620 and 1015 during the remainder of the week except Sundays. The service receives no financial support from the Council. To the year ended 20th November 2004 the service carried a total of 65 passengers. £12,763.33 of financial support from the Council would be required to maintain the service for a year. This figure represents a subsidy of £196.36 per passenger. Such a high level of subsidy cannot be justified.

Postbus Service 192 operates between Dalmally and Bridge of Orchy also using a Peugeot 406 Estate car that has reached the end of its lease. The service leaves Dalmally at 0900 and follows a circuitous route to Cruachan Power Station then returns to Dalmally for 1050 for the journey to Bridge of Orchy. Several farms are served before the vehicle returns to Bridge of Orchy at 1322 for the journey back to Dalmally. This service also receives no financial support from the Council. To the year ended July 2004 the service had not carried a single passenger. Accordingly, there can be little justification for the retention of this service.

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5. IMPLICATIONS

5.1 Policy – Consistent with Council’s policy of not supporting transport services whose costs are well in excess of the Councils’ Guideline Criteria.

5.2 Financial – None

5.3 Personnel – None

5.4 Equal Opportunities – None

5.5 Legal – None.

For further information please contact D. Blades (01546 604193).

D Duthie Head of Transportation and Infrastructure

13 April 2005

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ARGYLL AND BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES 4 MAY 2005

PLAY AREA IMPROVEMENT

1 SUMMARY

1.1 This report outlines proposals for the 3rd phase of improvements to existing play areas in the Oban, Lorn and the Isles area.

2. RECOMMENDATIONS

2.1 Members support spending proposals made in Appendix one.

2.2 Members support Oban Skateboard Partnership (OSP) to permanently relocate the Skate board Park to Mossfield and transfer responsibility for this facility to Argyll and Bute Council. 3. DETAIL

3.1 Over two years a number of play areas have been improved using a mixture of revenue and capital spend, this years spend is phase three of the project.

3.2 Oban Skate Board Partnership:This project had moved to a temporary base at Mossfield and now the Oban Skateboard Partnership have approached Roads and Amenity to relocate permanently to the stadium site. It may be possible to utilize some of the existing equipment if it meets health and safety standards, allocation of funds will facilitate the purchase on new equipment. In order to support this project further and make it sustainable in the long term it is proposed to close the site at Dungallon Terrace, Oban and as per the Strategic Policy Committee (SPC) Policy of June 2004 transfer the resource for inspection maintenance and insurance to the Skate Park which will be located on Council owned ground, which means that there are no ground acquisition costs associated with this project. A partnership between OSP and Argyll and Bute Council should be drawn up which facilitates future development of the site and continued feedback on community needs associated with the operation of the facility.

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3.3 Health and safety matters must have priority in the provision of play areas.

4. SUMMARY Play areas that provide a wide range of challenging and innovative play opportunities for children continue to be important to communities. By ensuring that sites come up to standard and continue to be redeveloped as funds allow this aspiration is being met.

5. IMPLICATIONS Policy Implementation of SPC Policy 2004 Financial None Legal None Personnel None Equal Opportunities None

For further information please contact Alison M McIlroy (TEL: 01546 604605)

Andrew R Law Director of Operational Services 12 April 2005 Appendix One

Site Name Proposed Works Cost Estimates Notes

Struthan Terrace Tiree Refurbishment of site in £10000.00 No investment had been made at this site for a partnership with Tiree number of years and as a result it has fallen Community Business into disrepair and disuse. Identified by TCB as (TCB) an action area they have raised funds for a number of projects including redevelopment of this area. Under the SPC policy of June 2004 support can be given to this project which relocates the play area to a more suitable adjacent site. This funding will facilitate installation of play equipment creating a new and challenging site for the children of the area, which will continue to be maintained inspected and insured by Argyll and Bute

Council Page 143

Skate Park Assist with relocation costs £5749.00 See note in 3.2 to Mossfield stadium McCaig Road Soroba Completion of Phase two of £5749.00 A grant of £1000.00 has been received from development Soroba Action Development group to assist in the completion of this project, adding to this amount will completed planned works at this site.

Current Budget Capital £14750.00 Revenue £6748.00 Page 144

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ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES WEDNESDAY 4 MAY 2005

GANAVAN SEAWALL

1. SUMMARY

This report gives members additional information requested at the meeting of 5 April.

2. RECOMMENDATIONS

2.1 That members note the contents of the report.

3. DETAIL

3.1 The Coastal Protection budget for Argyll and Bute in 2005/2006 is £125,854.

3.2 Schemes in Oban Lorn and the Isles being considered for funding are:

Route Location Estimated Notes Cost B844 Ellenabeich £5,000 Rebuilding damaged sea wall Ellenabeich Car Park £5,000 Rip Rap Repairs C34 Gallanach Road £3,000 Reinstate & protect eroded areas C66 Ganavan Road £6,000 Infill voids in sea wall Ganavan Sands £30,000 Rebuild collapsed seawall U6 Croig £15,000 A849 Pennyghael Bridge £10,000 Reinstate and protect eroded areas

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125 Page 146

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ARGYLL & BUTE COUNCIL OBAN LORN AND THE ISLES AREA COMMITTEE

OPERATIONAL SERVICES WEDNESDAY 4 MAY 2005

CHICANE AND CATTLE GRID, CROSSAPOL, TIREE

1. SUMMARY

This report gives information on a chicane and cattle grid at Crossapol on the Isle of Tiree.

2. RECOMMENDATIONS

2.1 That the Committee notes the report.

3. DETAIL

3.1 Chicanes were installed at Crossapol in 1994 following a public consultation exercise in response to complaints about excessive traffic speeding in Crossapol. These were successful in reducing traffic speeds from about 38mph to about 17mph.

3.2 In 2004 the Area Committee agreed to enhancement works to the chicanes which was carried out in conjunction with a wider environmental enhancement scheme.

3.3 In March 2005 a letter was received from Tiree Community Council reporting “concerns about the close proximity of the chicane and new cattle grid at the entrance to Crossapol going out of the township towards Scarinish. It is particularly difficult to drive through after dark when vehicles have to cross the road when leaving the cattle grid in order to negotiate the chicane. Commercial vehicles especially experience problems. It has been suggested that one solution would be to remove the chicane”.

My staff have investigated this on site and have consulted the driver of the largest commercial vehicle operating on Tiree. Neither my staff nor the HGV driver had any difficulties when driving at appropriate speeds.

4. CONCLUSIONS

The chicanes make a significant contribution to pedestrian safety and the proximity to the cattle grid causes no difficulties when drivers use appropriate speeds. Page 148

Looking West Towards Crossapol

Looking East from Crossapol

For further information or clarification of any matter contained within this report please contact Neil Brown on 01631 562125