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: Properties Application Type: Outline Application Application Description: Site for erection of five dwelling houses Location: Land west of Glenevan, Pennyghael,

(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 , to the south east of the A849, to 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.

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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 .

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 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).

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(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

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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.

3. The emerging Argyll and Bute Local Plan seeks to identify a co-ordinated and comprehensive 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 the deciding the future development of the town and its environs. It is for this reason that this development of five dwelling houses 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.

4. The proposed emerging policies will seek for 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. In this respect it is important to show that the proposed access and servicing arrangements are capable of accommodating the total development. It is considered that this development would hinder such an approach as to allow a small-scale part of that wider area, in isolation from the remainder of the scheme, would result in any future adjoining development being confined to the limitations of the approved development. It is for this reason that the application is considered to be potentially prejudicial to the emerging Local Plan.

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APPENDIX RELATIVE TO APPLICATION 03/00610/DET

(A) POLICY OVERVIEW

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

Mull, Coll and Tiree Local Plan

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

(b) Regional Scenic Areas: West and South Mull

RUR 2 Proposals for development in or affecting … Regional Scenic Areas … will require to be justified against the following criteria

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

HO 6 The Council will continue to encourage the development of small gap and infill sites, including rounding off for housing in the following settlements:

… Pennyghael …

Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principle 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

16759: Outline permission was granted on 28th May 1974 for an area of land, amounting to about 1.6 hectares, for the erection of not more than 12 dwelling houses on the site.

111/77: Details pursuant to the outline consent for 12 modern bungalows were submitted in February 1977. As a result of failure to answer questions on a number of detailed aspects of the proposal the application was treated as withdrawn in October 1977. In May 1979 the agent attempted to open the application, however, it was deemed that the original outline consent had expired and that the new submission was incompetent.

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472/79: A detailed application for the erection of 10 Holiday Cabins, 10 dwellings, a Manager’s House, shop and allied site works, was refused on 19th September 1979. That application was considered to be contrary to the development plan, premature to the pending preparation of the Mull Local Plan, contrary to the Council’s Chalet Policy and its alien character would be detrimental to the high amenity of the area.

(ii) Consultations

Response Date Comment Area Roads Manager 02/5/03 No objections subject to conditions. Scottish Environmental Protection Agency 15/5/03 No objections. West of Scotland Archaeology Service 03/6/03 & Seeks conditions to protect two 10/10/03 features of potential archaeological interest. Public Protection Unit 23/6/03 No objection subject to conditions.

(iii) Publicity and Representations

Advert Type: Article 9 Vacant Land & Potential Departure from Development Plan Closing Date: 15th May 2003

Representations: Yes

Name Address Letter date Rachel A Watt Glenevan, Pennyghael, ISLE OF MULL, 22/4/03 (rec’d) PA70 6HD Jane Latimer Pennyghael Hotel, Pennyghael, ISLE OF MULL, 24/4/03 PA70 6HB

Summary of points raised:

• The community of Pennyghael is a fragile one and the last thing we want to see is over development of a very sensitive and prominent site. A development of five houses will effectively double the number of houses in this part of the community. Comments: The development plan policies seek to ensure that development, of an appropriate scale, is located in those areas best suited to absorb that development within the existing landscape. The existing development plan policies allow for small-scale forms of development which are either infill, rounding-off or redevelopment. In this instance it is considered that this particular form of development is not suitable to this particular location.

• Who will occupy these houses? The last thing the community needs is yet more holiday homes standing empty for much of the time and whose owners contribute little or nothing to the social life and fabric of the community. Comments: The future occupation of a dwelling house, as either a first or second home, is not a matter that can be controlled under the provisions of the Planning Act.

• The development, in front of an existing property, will take away from its unique character and peacefulness. Concern at the visual aspect and the effect on the properties value. Comments: Issues concerning inter-visibility between dwellings, overlooking and the density of development are planning considerations. Other issues such as alterations to the character of a previously isolated dwelling or its future market value are not. In this instance it is considered that there is a sufficient distance between the existing and proposed dwellings to ensure adequate levels of privacy and amenity.

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