DEVELOPMENT SERVICES Local Member - Councillor D MacIntyre PLANNING APPLICATION REPORT Date of Validity - 4th December 2003 , LORN AND THE ISLES Committee Date - 4th February 2004

8th January 2004

Reference Number: 03/02244/COU Applicants Name: Mr & Mrs P Beattie Application Type: Change of Use Application Description: Change of use of hotel to dwelling house Location: Inshaig Park Hotel, , Isle of .

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Change of use of hotel (Use Class 7) to dwelling house (Use Class 9).

(B ) RECOMMENDATION

The proposal is recommended for approval.

Members are advised that given the numbers of representations received against this application that consideration be given to holding an informal public hearing.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application is for the change of use of the Inshaig Park Hotel at Ellenabeich to form a private dwelling house. The property is a substantial building near the entrance to the village of Ellenabeich, and lies within the Conservation Area. No alterations are proposed to the building as part of this change of use application.

Housing Policy

The property lies within an area identified by Policy HO 22 of the adopted Lorn Local Plan as being suitable for housing development. The change of use of this property to a dwelling house is therefore consistent with Local Plan housing policy. The intensity of use of the property, as a result of a change of use from a hotel to a private dwelling house, will result in a use which will reduce the levels of existing impact on surrounding residential amenity.

Public Representation

Sixty-seven letters of representation and a 171 signature petition have been received in respect of the loss of the hotel facilities to the local community. Whilst the owners of the hotel could choose to close the hotel without requiring planning permission, the loss of the hotel as a consequence of this proposal is a material consideration in the determination of this application. However, the retention of community facilities, such as local shops, hotels, or public houses, is not underpinned by any Development Plan Policy to that effect. There is no social or economic information available to the Council to assess the need for such a facility or the resultant hardship which might be occasioned by its loss, the weight which can be given to this aspect of the proposal is clearly limited. The provision of local commercial facilities is therefore a matter for market forces to dictate.

The decision as to whether the hotel is to close rests with the owner, and is not the subject of control by the Council, as the Planning Authority. It appears that the concern of the community is in respect of their wish to see the local hotel retained rather than concern about the appropriateness of the

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alternative use. In planning terms the application should be considered on the issue of whether the property is acceptable for use as a private dwelling house.

(D ) INFORMAL HEARING

In circumstances where there are significant numbers of representation in respect of planning proposals, consideration should be given as to whether it would be appropriate to hold an informal hearing prior to determining the application. In this instance, due to the number of representations received (67 letters plus a 171 signature petition) it is considered to be appropriate to hold a hearing in this instance.

(E ) CONCLUSION

The use of this property as a dwelling house is consistent with Policy HO 22 of the adopted Lorn Local Plan, and the proposal raises no adverse servicing, infrastructure or residential amenity issues.

Angus J Gilmour Head of Planning

Author: Susan Poole 01631 567956 Contact: John Maciver 01631 567951

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APPENDIX RELATIVE TO 03/02244/COU

(A) POLICY OVERVIEW

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

Argyll and Bute Structure Plan

STRAT DC 1 Development within the Settlements

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

C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported.

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

STRAT DC 9 Historic Environment and Development Control

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

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.

… /Ellenabeich, ...

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.

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Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

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

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

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

(B) OTHER MATERIAL CONSIDERATIONS

(i) Site History

None

(ii) Consultations

Response Date Comment Public Protection Unit 16/12/03 No objections

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land and Development in Conservation Area

Closing Date: 8th January 2004

Representations: Yes

A petition containing 171 signatures against the proposal has been received (20th January 2004) in addition to the following letters:

Name Address Letter date James MacKay Lianag, Barcaldine, OBAN, PA37 1SG 19/12/03 Stephen Ross 2 Ellenabeich, Easdale, OBAN, PA34 4RQ 19/12/03 Claire Hill 20 Easdale Island, OBAN, PA34 4TB 19/12/03 Eileen MacFarlane 2 Caolas, Easdale, OBAN, PA34 4RF 19/12/03 John Nathan 2 Caolas, Easdale, OBAN, PA34 4RF 19/12/03 Tony Hill, 20 Easdale Island, OBAN, PA34 4TB 19/12/03 Sea-fari Adventures Donald & Lynn Macpherson 34 Ellenabeich, Easdale, OBAN, PA34 4RQ 19/12/03 Thomas M. Brown The Cottage, Ellenabeich, Easdale, OBAN, 19/12/03 PA34 4RQ Fiona Morrison Air Tir, , OBAN, PA34 4TF 22/12/03 Ruth Morris 61 Ellenabeich, Easdale, OBAN, PA34 4RQ 23/12/03 M A Wharton 8 Seaview Terrace, Easdale, OBAN, 20/12/03 PA34 4RG Ruth M MacCowan 8 Seaview Terrace, Easdale, OBAN, 21/12/03 PA34 4RG Hon. Frances Shand-Kydd Callanish, Clachan Seil, OBAN, PA34 4TN 20/12/03 Edward Grant 116 Main Street, Kinglassie, LOCHGELLY, Undated KY5 0YF

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S Patterson Garragh Mhor, Ellenabeich, Easdale, OBAN, 15/12/03 PA34 4RQ M McKillop 1 Etive Road, Dunbeg, OBAN, PA37 1QF 18/12/03 Iain Hill Midlothian House C, Heriot-Watt University, 16/12/03 Riccarton, CURRIE, EH13 4AP William Fairbairn Sonas, 9a Easdale Island, OBAN, PA34 4TB 18/12/03 Murdoch S Baxter Ampfield, Clachan Seil, OBAN, PA34 4TL 17/12/03 Thomas M Brown The Cottage, Ellenabeich, Easdale, OBAN, 15/12/03 PA34 4RF Jim MacKay 38 Ellenabeich, Easdale, OBAN, PA34 4RQ 07/11/03 Christopher Odling 61 Ellenabeich, Easdale, OBAN, PA34 4RQ 15/10/03 unsigned Alan Walker 10 Fern Avenue, Lenzie, GLASGOW, G66 4LE 29/12/03 David A Simcox 7 Glencruitten Rise, OBAN, PA34 4RX 18/12/03 Kirsty Simcox 7 Glencruitten Rise, OBAN, PA34 4RX 18/12/03 Gordon McKenzie 7 Cnoc Mhor, Balvicar, OBAN, PA34 4TG 19/12/03 Helen Muir 7 Cnoc Mhor, Balvicar, OBAN, PA34 4TG 19/12/03 William MacInnes Maranatha, Kilbrandon Cottages, Balvicar, 19/12/03 OBAN, PA34 4RA Wilma MacInnes Maranatha, Kilbrandon Cottages, Balvicar, 19/12/03 OBAN, PA34 4RA Mary Blackstock Tigh Creagan, Clachan Seil, OBAN, PA34 4TL Received 29/12/03 Margaret MacLeod 3 Whin Bank, Clachan Seil, OBAN, PA34 4TW 17/12/03 Sandra Robertson 1 Whin Bank, Clachan Seil, OBAN, PA34 4TW 17/12/03 William H Danskin 2 Whin Bank, Clachan Seil, OBAN, PA34 4TW 19/12/03 Jonathan Minter The Bothy, Clachan Seil, OBAN, PA34 4TL 19/12/03 Helen Simcox Innishmore, Ellenabeich, Easdale, OBAN, 17/12/03 PA34 4RF John D M Gordon The Old Manse, Seaview, Easdale, OBAN, 17/12/03 PA34 4RF D Nathan 1 Caolas, Ellenabeich, Easdale, OBAN, Received PA34 4RF 29/12/03 David Simcox Innishmore, Ellenabeich, Easdale, OBAN, 18/12/03 PA34 4RF Malcolm MacKenzie 3 Seaview Terrace, Easdale, OBAN, 19/12/03 PA34 4RF N Campbell Arran Cottage, Ardmaddy, OBAN, PA34 4QY 19/12/03 Kevin Astiles Ardmaddy View, Clachan Seil, OBAN, 19/12/03 PA34 4TL C Gordon No address given 17/12/03 K Raebitt 14 Achnafearna, TAYNUILT, PA35 1JP 19/12/03 Annabel Robertson 42 Ellenabeich, Easdale, OBAN, PA34 4RF 22/12/03 Douglas Robertson 42 Ellenabeich, Easdale, OBAN, PA34 4RF 22/12/03 C P Lawson Tigh an Duin, Ellenabeich, Easdale, OBAN, 22/12/03 PA34 4RF Pat & Ken Jones Ardlussa, Acha, Balvicar, OBAN, PA34 4RJ 22/12/03 Jim & Kay Robertson 6 Orchard Avenue, GIRVAN, KA26 9DU 20/12/03 Brenda & David Brown 53 Corsehill Crescent, Coylton, AYR, KA6 6LA 21/12/03 N T Belshaw Ballachaun House, Balvicar, OBAN, PA34 4TE 24/12/03 Mrs Lorna Cotman -Earn Cottage, Balvicar, OBAN, PA34 4TF 29/12/03 Dr J D Lawson Flat 1/3, 3 Ashwood Gardens, GLASGOW, 01/01/04 G13 1NX & 12 Ellenabeich, Seil George & Irene Fleming Sgeir Liath, Oban Seil Croft, Clachan Seil, 06/01/04 OBAN, PA34 4TL Irene Fleming 1 Ellenabeich, Easdale, OBAN, PA34 4RQ 06/01/04 Joann Rachel Pearson Brandon Cottage, Balvicar, OBAN, PA34 4RD 12/01/04 T H Pearson Brandon Cottage, Balvicar, OBAN, PA34 4RD 12/01/04 Kim Miller 3 Balvicar, OBAN, PA34 4TF 13/01/04 Emily Paterson Lothian House, Glenalmond, PERTH, 02/01/04 PH1 3RY

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Duncan Campbell 5 Balvicar, Seil, OBAN, PA34 4TF 22/01/04 Carol Campbell 5 Balvicar, Seil, OBAN, PA34 4TF 22/01/04 Lorne Fowler Dunmor, Clachan Seil, OBAN, PA34 4TL 22/01/04 J Robertson The Old Mill, Kilmore, OBAN, PA34 4XT 22/01/04 Claire Hartley Coach House, Dunmor, Clachan Seil, OBAN, 22/01/04 PA34 4TL Donald Rainnie 4 Balvicar, Seil, OBAN, PA34 4TF 22/01/04 Leah Rainnie 4 Balvicar, Seil, OBAN, PA34 4TF 22/01/04 P Master Garragh, Mhor, Ellenabeich, Easdale, OBAN, 22/01/04 PA34 4RF David Menzies Lianag, Barcaldine, OBAN, PA37 1SG 22/01/04

Summary of points raised:

• Loss of amenity to the local community. • Loss of tourism to the local economy. • Loss of employment within the community. • Loss of revenue to the local economy. Comment: Whilst the owners of the hotel could choose to close the hotel without requiring planning permission, the loss of the hotel as a consequence of this proposal is a material consideration in the determination of this application. However, the retention of community facilities, such as local shops, hotels, or public houses, is not underpinned by any Development Plan Policy to that effect. There is no social or economic information available to the Council to assess the need for such a facility or the resultant hardship which might be occasioned by its loss, the weight which can be given to this aspect of the proposal is clearly limited. The provision of local commercial facilities is therefore a matter for market forces to dictate.

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