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Councillor a Macdougall PLANNING APPLICATION REPORT Date of Validity - 9Th April 2003 OBAN, LORN and the ISLES Committee Date - 14Th January 2004

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Councillor a Macdougall PLANNING APPLICATION REPORT Date of Validity - 9Th April 2003 OBAN, LORN and the ISLES Committee Date - 14Th January 2004 DEVELOPMENT SERVICES Local Member - Councillor A MacDougall PLANNING APPLICATION REPORT Date of Validity - 9th April 2003 OBAN, LORN AND THE ISLES Committee Date - 14th January 2004 19th December 2003 Reference Number: 03/00610/OUT Applicants Name: Argyll Properties Application Type: Outline Application Application Description: Site for erection of five dwelling houses Location: Land west of Glenevan, Pennyghael, Isle of Mull (A ) THE APPLICATION Development Requiring Express Planning Permission. • Erection of five dwellings (no details provided) • Existing vehicular access to be altered/improved (no details provided) • Installation of single septic tank (no details provided) • Proposed private water supply (no details provided) (B ) RECOMMENDATION The application is recommended for refusal. (C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Existing Local Plan Policies The site lies on open, rising ground to the south of the Pennyghael Hotel, on the Ross of Mull, to the south east of the A849, Fionnphort to Craignure road. An open and relatively flat area of grazing land lies between the public road and the site, the north western boundary of which is formed by a break in land levels. The site lies within the settlement inset map for Pennyghael, as identified in the Mull, Coll and Tiree Local Plan, 1st Review & Alteration 1988. Accordingly, the site lies within an area where there is scope for further infill, rounding-off or redevelopment of small-scale, residential development, subject to servicing and environmental constraints. The site also lies within the defined West and South Mull Regional Scenic Area, as identified by Policy RUR 1A of the Local Plan, wherein the Council will seek to maintain and enhance those areas by resisting prominent or sporadic development which would have an adverse environmental impact. As such any development shall be required to be justified against the criteria identified in policy RUR 2. Economic Benefit There is no claim of economic benefit made in support of this application. Infrastructure Implications Subject to meeting certain requirements Scottish Environmental Protection Agency has raised no objections to the potential for a septic tank and effluent disposal arrangements compliant with the relevant code of practice and discharge consent. If this site were to be developed independently there would be no adverse access issues, however, it forms part of a potentially wider development site which requires a comprehensive approach to the means of vehicular access. Specific Locational/Operational Need There is no claim of locational or operational need for this development. Environmental Impact The site consists of a north west facing, open area of land of some 0.66 ha in area. The land is rough grass and bracken with a few trees. To the southern part of the site are rocky outcrops and a cave. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000245\M00001388\AI00013029\0610WR191203LAA0.DOC 1 The site is on gradually rising ground, steep in places, and is highly visible from the A849 public road which passes along the length of the site, although offset from it, and also from the B8035 public road on the opposite shore of Loch Scridain. The existing settlement pattern along the A849, through Pennyghael, is of extremely low density and is characterised by small groups of buildings with large intervening open areas. These clusters are located along the roadside, primarily on the landward (southern) side of the road, with only isolated dwellings located set back into and higher up on the rising ground and on the shoreward side. The development of five houses, on the application site, would stand as a relatively isolated pocket of residential development detached and unrelated to the remainder of the settlement pattern. As such the development would have a detrimental impact upon the existing landscape and upon the appearance of this part of the countryside, changing the character of the settlement pattern and increasing the density of development in a highly visible and raised location. Accordingly, the proposal would represent a detrimental impact upon this Regional Scenic Area contrary to Policy RUR 2 and therefore contrary to the aims and objectives of policy RUR 1A. Given the present development plan policies the development of five proposed houses could not be considered to represent an acceptable form of residential development. As such the application is considered to be contrary to the policies of the present development plan. Policy HO 6 The site lies within the defined settlement of Pennyghael as identified in the Mull, Coll and Tiree Local Plan. Policy allows scope for small infill sites and rounding-off within the settlement. The development proposal, for five houses subject of this application, is not considered to be either infill or rounding-off development as it does not relate to the existing settlement pattern. The application is proposed as the first phase of three for development for a larger site. Accordingly, it is considered that the proposal is contrary to the provisions of policy HO 6. Emerging Argyll and Bute Local Plan The emerging Argyll and Bute Local Plan seeks to identify a co-ordinated, comprehensive and deliverable form of future development for Pennyghael. The details of the plan will, in the first instance, be made public in a consultation process lasting for 6 weeks and commencing in January 2004. This will allow all interested parties to become involved in deciding the future development of the village and its environs. It is for this reason that the development is considered to be premature to the public process of the emerging Local Plan. If approved by the Council, prior to the commencement of this public process, this would predetermine a large part of the future development of Pennyghael and prevent full public involvement in and consideration of the proposed future expansion of the village and the resultant ramifications. The proposed emerging policies will seek, in addition to the site being within the settlement boundary of Pennyghael, this site to form a part of a larger area to be identified as a Potential Development Area for development during the lifetime of the Local Plan. In considering the development of the Potential Development Area, one of the main factors will be the need to ensure that a comprehensive plan for the development of this area is considered at the outset. Any application for the development of part of this area should indicate how the remainder of the area could be developed, and should demonstrate how the proposals help to release the development potential of the area as a whole. In this respect it is important to show that the proposed access and servicing arrangements are capable of accommodating the total development. One sure way of hindering such an approach is to allow development of a small-scale part of that wider area, in isolation from the remainder of the scheme, and then attempt to plan that future development into the confines of the approved development. It is for this reason that the application is considered to be potentially prejudicial to the emerging Local Plan. If after the consultation exercise there had been no objections received to the proposals for the Pennyghael area, then the new local plan would have some materiality and applications could be determined against it (particularly in light of the age of the existing Mull, Coll and Tiree Local Plan). F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000245\M00001388\AI00013029\0610WR191203LAA0.DOC 2 (D ) CONCLUSION The application is considered to be contrary to the policies of the existing Mull, Coll and Tiree Local Plan and cannot be considered to represent a minor departure to the policies of that plan. The application is considered to be premature to the emerging Argyll and Bute Local Plan and without additional detail, regarding the development of the wider proposed allocated site and potential development area, is considered to be prejudicial to the proposed means of comprehensive development intentions of the emerging local plan. Angus J Gilmour Head of Planning Author: Lynn Amos 01631 567955 F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000245\M00001388\AI00013029\0610WR191203LAA0.DOC 3 REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/00610/DET 1. The application site lies within the settlement boundary of Pennyghael, as identified in the Mull, Coll and Tiree Local Plan 1st Review & Alteration 1988. Accordingly, the site lies within an area where there is scope for further infill, rounding-off or redevelopment of small-scale, residential development, subject to servicing and environmental constraints. The development proposal, for five houses subject of this application, is not considered to be either infill or rounding-off development as it does not relate to the existing settlement pattern. The application is proposed as the first phase of three for development for a larger site. Accordingly, it is considered that the proposal is contrary to the provisions of policy HO 6 of the Mull, Coll and Tiree Local Plan. 2. The application site lies within the defined West and South Mull Regional Scenic Area, as identified by Policy RUR 1A of the Mull, Coll and Tiree Local Plan 1st Review & Alteration 1988, wherein the Council will seek to maintain and enhance those areas primarily by resisting prominent or sporadic development which would have an adverse environmental impact. Such development is to be considered against the criteria set out in Policy RUR 2. The development of five proposed houses on the application site would stand as an isolated pocket of residential development detached and unrelated to the remainder of the settlement pattern. As such the development would have a detrimental impact upon the existing landscape and upon the appearance of this part of the countryside, changing the character of the settlement pattern and increasing the density of development in a highly visible location. Accordingly, the proposal would represent a detrimental impact upon this area of local landscape significance contrary to Policy RUR 2 and therefore contrary to the aims and objectives of policy RUR 1.
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