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

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

Corporate Services Director: Nigel Stewart

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

26 March 2008

NOTICE OF MEETING

A meeting of the MID ARGYLL, KINTYRE & THE ISLANDS AREA COMMITTEE will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on WEDNESDAY, 2 APRIL 2008 at 10:00 AM , which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST

3. PRESENTATION OF EAT SAFE AWARD

4. PRESENTATION - KILMORY HOME FARM BY STRATHCLYDE BUILDING PRESERVATION TRUST

5. PRESENTATION - ISLAY HIGH SCHOOL - ACHIEVEMENT REPORT 2008 (Pages 1 - 26)

6. MINUTES

(a) Mid Argyll, Kintyre and the Islands Area Committee held on 5 March 2008 (Pages 27 - 36)

(b) Special Meeting of Mid Argyll, Kintyre and the Islands Area Committee held on 25 March 2008 (to follow)

7. PUBLIC AND COUNCILLOR QUESTION TIME

DEVELOPMENT SERVICES

8. PLANNING APPLICATIONS (Pages 37 - 94)

9. DELEGATED DECISIONS (Pages 95 - 108)

10. CONSERVATION AREAS - PROMOTION OF RESPONSIBILITIES FOR HOME OWNERS (Pages 109 - 110)

OPERATIONAL SERVICES

11. JURA PASSENGER FERRY - VERBAL UPDATE

12. REDEVELOPMENT AT PORT ASKAIG (Pages 111 - 114)

13. TRANSERVS INVESTMENT PROGRAMME A83 - KENNACRAIG/LOCHGILPHEAD (Pages 115 - 122)

14. RE-ORGANISATION OF ROADS AND AMENITY SERVICES (Pages 123 - 130)

CORPORATE SERVICES

15. EXTRACT FROM ECONOMY PPG HELD ON 13 MARCH 2008 AND REPORT BY HEAD OF DEMOCRATIC SERVICES AND GOVERNANCE (Pages 131 - 150)

The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.

The appropriate paragraph is:-

E1 Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

E1 16. REVIEW OF TERMS FOR LEASE OF INVERARAY JAIL (Pages 151 - 154)

MID ARGYLL, KINTYRE & THE ISLANDS AREA COMMITTEE

Councillor Rory Colville Councillor Robin Currie Councillor Alison Hay Councillor Anne Horn Councillor Donald Kelly Councillor Donald MacMillan (Chair) Councillor John McAlpine Councillor Douglas Philand Councillor John Semple (Vice-Chair)

Contact: Hazel Kelly, Senior Committee Assistant Tel: 01546 604269

Page 1 Agenda Item 5

ARGYLL & BUTE COUNCIL MID-ARGYLL, KINTYRE AND THE ISLANDS AREA COMMITTEE

CORPORATE SERVICES 5 MARCH 2008 ______

ISLAY HIGH SCHOOL: ACHIEVEMENT REPORT 2008

1. SUMMARY

A report on the performance of all Argyll and Bute pupils in the Scottish Qualifications Authority (SQA) examination results was presented to the Strategic Policy Committee on the 18 October 2007.

This report, presented by the Head Teacher, Dr. Liz Cunningham, outlines the major achievements of the school in 2006/7 and includes the SQA examination results for pupils who sat examinations in May/June 2007. The results are based on pre-appeal data.

2. RECOMMENDATIONS

The Area Committee are asked to note the strong performance of pupils and the commitment of staff in their examination successes and in the wider aspects of achievement across the school.

3. DETAILS

The details are included in the attached report from the school.

4. IMPLICATIONS

Policy: None Financial: None Personnel: None

Equal Opportunities: None

For further information contact: Dr. Liz Cunningham, Head Teacher Islay High School

Telephone: 01496 810239

Page 2

This page is intentionally left blank Page 3

The Following are a list of appendices:

• 5+ level 5 by end of S4

• 5+level 4 by end of S4

• 5+ level 3 by end of S4

• 5+level 6 by end of S5

• 3+level 6 by end of S5

• 1+level 6 by end of S5 Page 4

This page is intentionally left blank Page 5

Islay High 5+ Level 5 by the end of S4

120

All Candidates Male Candidates Female Candidates 100

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

Islay High 5+ Level 4 by the end of S4

120

All Candidates Male Candidates Female Candidates 100

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

Page 6

Islay High 5+ Level 3 by the end of S4

120

All Candidates Male Candidates Female Candidates 100

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

Islay High 5+ Level 6 by the end of S5

70 All Candidates Male Candidates Female Candidates

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

Page 7

Islay High 3+ Level 6 by the end of S5

70 All Candidates Male Candidates Female Candidates

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

Islay High 1+ Level 6 by the end of S5

70 All Candidates Male Candidates Female Candidates

0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 Page 8

This page is intentionally left blank Page 9 Page 10

This page is intentionally left blank Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26

This page is intentionally left blank Page 27 Agenda Item 6a

MINUTES of MEETING of MID ARGYLL, KINTYRE & THE ISLANDS AREA COMMITTEE held in the COUNCIL CHAMBER, TOWN HALL, CAMPBELTOWN on WEDNESDAY, 5 MARCH 2008

Present: Councillor Donald MacMillan (Chair)

Councillor Rory Colville Councillor John McAlpine Councillor Robin Currie Councillor Douglas Philand Councillor Anne Horn Councillor John Semple Councillor Donald Kelly

Attending: Alison Younger, Area Corporate Services Manager Hazel Kelly, Senior Committee Assistant Richard Kerr, Area Team Leader Donnie McLeod, Area Manager Catriona Hood, Head Teacher - Tarbert Academy Hugh Blake, Estates Surveyor Audrey Martin, Senior Planning/Development Officer Chief Inspector Kenny Boyter, Strathclyde Police Danny Downie, Strathclyde Fire and Rescue Adrian Patterson, Service Manager - Learning Disabilities Alison Hunter, Area Manager – Community Care Les Kerr, Principal Administration Officer Peter Bain, Senior Planning Officer Martin Gorringe, Assistant Operations Manager – Marine & Airfield Muriel Kupris, Community Resources Manager

Apologies: Councillor Alison Hay

The Chair ruled and the Committee agreed that an urgent motion under Standing Order 14 submitted by Councillor Currie and seconded by Cllr MacMillan be taken at item 16 of this minute as a matter of urgency by reason that the scheme had only been confirmed in terms of detail the previous week.

1. DECLARATIONS OF INTEREST

Councillor Currie declared an interest in Planning Application 07/02313/OUT which is dealt with at item 5 of this minute and in Enforcement Actions 07/00135/ENFOTH and 04/00043/ENFOCC which are dealt with at items 22a and 22b of this minute.

Councillor Semple and Councillor Horn declared an interest in Lease at Aqualibrium which is dealt with at item 21 of this minute.

2. MINUTES OF MEETING OF MID ARGYLL, KINTYRE AND THE ISLANDS AREA COMMITTEE OF 6 FEBRUARY 2008

Council Kelly noted that the minute had incorrectly recorded his attendance at the meeting, as he had been absent that day. The Minutes of the meeting of the Page 28

Mid Argyll, Kintyre and the Islands Area Committee held on 6 February 2008 were otherwise approved as a correct record.

3. PRESENTATION: TARBERT HIGH SCHOOL: ACHIEVEMENT REPORT 2008

The Head Teacher of Tarbert Academy gave an informative presentation outlining the major achievements of the school throughout the year 2006/7. A report was also submitted outlining those achievements, aims of the school and SQA examination results for the year 2007.

Decision

The Committee noted the strong performance of pupils and commitment of staff in their examination successes and in the wider aspects of achievement across the school and congratulated Ms Hood on her enthusiastic presentation.

(Reference: Report by Head Teacher, Tarbert Academy, submitted)

4. PRESENTATION: ISLAY HIGH SCHOOL: ACHIEVEMENT REPORT 2008

The Head Teacher of Islay high School submitted a report outlining the major achievements of the school throughout the year 2006/7 and including the SQA examination results from May/June 2007.

Decision

The Committee agreed to continue this item to the April meeting of the Area Committee as the Head Teacher had not been available to attend.

(Reference: Report by Head Teacher, Islay High School, submitted)

5. PUBLIC AND COUNCILLOR QUESTION TIME

Councillor Kelly asked whether the Scottish Ambulance Service had been in touch following their presentation to the Committee in March 2007 when it was agreed a further update would be provided on the emergency cover provision for Campbeltown. Alison Younger confirmed that she had been trying to get in touch with Ron Lilley of the Scottish Ambulance Service and that when he returned from leave she hoped to arrange for attendance at a future area committee.

Councillor Kelly reported that since a Motion had been submitted to the September meeting of the Area Committee regarding the bad state of repairs in Campbeltown Nursery there had been no response. He invited Members to take time to have a look at the nursery directly after the meeting.

Councillor Kelly enquired about the funding that was left in the Capital Receipts fund that could be possibly used to fund festivals in the Campbeltown area. This was due to a gap year and concerns over where funding could be obtained from. It was agreed that Alison Younger would find out how much was left in this fund but advised that Bruce West would be bringing a paper to the Executive Committee with changes to the Capital Funds and would be likely to recommend a one off payment rather than a constant source of funding.

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Councillor Currie asked that a report on Port Askaig Pier, and in particular the impact of the works on the Jura ferry berth, be brought to the next meeting of the Area Committee. This was agreed by the Committee.

Councillor Philand informed Members that the last meeting of Ardrishaig Community Council had been represented by Strathclyde Police and expressed his thanks to Chief Inspector Boyter for his help. Councillor Semple commented that Campbeltown Community Council had not had a representative from the Police at their meeting and Mr Boyter replied that the Police had not always received the agenda papers for Campbeltown Community Council meetings. He added that it was difficult for him to attend all Community Council meetings as he covered such a large area but added that if an area had any specific issues they wished to discuss he would be happy to attend any relevant meeting.

Councillor McAlpine enquired whether the police post had been filled on Islay. Chief Inspector Boyter informed him that 2 seconded officers would be moving there in the Spring, one of which was interested in making it a long term arrangement. He advised that recruitment was a problem as it was hard attracting officers to the area.

6. PLANNING APPLICATIONS

07/01465/COU

Mr Abdouin Sitter Ahmed. Change of use of vacant shop to hot food takeaway. 12 Longrow South, Campbeltown.

Decision

The Committee agreed that planning permission be refused for the reasons set out in the report by the Head of Planning

(Reference: Report by Head of Planning dated 12 February 2008, submitted)

07/01844/OUT

Wilson Forest Products Limited. Outline. Erection of dwellinghouse. Land at Ferry Wood, West Loch Tarbert.

Decision

The Committee agreed that planning permission be granted as a minor departure to approved development plan policy subject to the conditions and reasons listed in the report by the Head of Planning.

(Reference: Report by head of Planning dated 20 February 2008, submitted)

Councillor Currie had declared an interest in the foregoing item of business and left the meeting.

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07/02313/OUT

West Highland Housing Association. Outline Planning Permission. Residential Development. Land North of Bruach Gorm and Daal Terrace, Port Charlotte, Isle of Islay.

Decision

The Committee agreed that outline planning permission be granted as a departure to approved development plan policy subject to the conditions and reasons listed in the report by the Head of Planning.

(Reference: Report by Head of Planning dated 20 February 2008, submitted)

7. GIGHA FERRY

The Head of Roads and Amenity Services submitted a report updating Members on the current status of the proposed schemes for Tayinloan Pier.

Members of the public were given the opportunity to pose questions to Members and Officers.

Decision

The Committee agreed -

1. To note the content of the report by the Head of Roads and Amenity Services.

2. To hold a special public meeting on Gigha on 25 March 2008 to consult with the residents on the effects of the problems encountered at Tayinloan Pier and that the Head of Strategic Finance, Transportation Manager, Assistant Operations Manager – Marine and Airfield, Head of Roads and Amenity Services, the Transportation Spokesperson, Spokesperson for Islands; and Highlands and Islands Enterprise be invited to attend.

Reference: Report by Head of Roads and Amenity Services dated 22 February 2008, submitted)

8. DELEGATED DECISIONS

The Head of Planning had submitted a list of delegated decisions taken since the meeting of the Area Committee held on 6 February 2008.

Decision

The Committee noted the delegated decisions taken by Development Services since the meeting of the Area Committee held on 6 February 2008.

(Reference: List of Delegated Decisions by Head of Planning dated 19 February 2008, submitted) Page 31

* 9. JURA LANDSCAPE CAPACITY STUDY

The Head of Planning submitted a report giving background to the landscape capacity study undertaken for the Island of Jura.

Decision

The Committee noted the content of the Island of Jura Landscape Capacity for Housing Study and agreed to recommend to the Executive Committee to approve the technical support document as supplementary planning guidance to be used in the assessment of planning proposals for housing within National Scenic Areas and Rural Opportunity Areas.

(Reference: Report by Head of Planning dated December 2007 and Land Capacity Study for Housing – Isle of Jura, submitted)

10. SAIL WEST

The Development Projects Manager had submitted a report seeking approval from the Area Committee for match funding of a maximum of £54,096 from the Area Committees revenue allocation in 2008–2009 for Town Centre and Waterfront Initiatives which would represent a 25% contribution to a major feasibility and engineering study for a marina in Campbeltown and marketing of the Sail West project.

Decision

The Area Committee agreed, subject to the outcome of the Outline Business Case prioritisation process, to allocate a maximum of £54,096 from its 2008- 2009 revenue allocation for Town Centre and Waterfront Initiatives as a partnership contribution for the development of a full feasibility and engineering report for a marina in Campbeltown and the marketing element of the Sail West project.

(Reference: Report by Developments Projects Manager dated February 2008, submitted)

11. 30 MPH SPEED LIMIT LOCHGILPHEAD/ARDRISHAIG

The Area Roads and Amenity Services Manager for Mid Argyll, Kintyre and Islay had submitted a report that had been requested by Members regarding a proposal to introduce a speed restriction of 30mph on the section of the A816 from the swimming pool to the Corran roundabout, Lochgilphead and the section of the A83 from the Corran roundabout to south of Ardrishaig.

Motion

That the Committee approve the recommendations 2.1 and 2.2 as detailed in the report by the Area Roads and Amenity Services Manager. Moved Councillor Page 32

MacMillan. Seconded by Councillor Horn.

Amendment

That the Committee approve the recommendation 2.1 as detailed in the report by the Area Roads and Amenity Services Manager and that Members ask Transerv to consider extending the 30mph speed limit at the north end of Ardrishaig to a location they think is suitable. Moved by Councillor Colville. Seconded Councillor McAlpine.

The requisite number of members required the vote to be taken by calling the roll and members voted as follows –

Motion Amendment

Councillor Ann Horn Councillor Rory Colville Councillor Donald Kelly Councillor Robin Currie Councillor Donald MacMillan Councillor John McAlpine Councillor Dougie Philand Councillor John Semple

Decision

The motion was carried by 5 votes to 3 and the Committee –

1. Agreed that the Roads and Amenity Services Manager be asked to take the necessary steps to revise the speed restriction order for a 30mph speed limit on the A816 section from the Swimming Pool to the Corran Roundabout, Lochgilphead.

2. Agreed that Transerv should be contacted with a request to consider a 30mph speed limit on the A83 section between the Corran Roundabout and Ardrishaig.

(Reference: Report by Area Roads and Amenity Services Manager, Mid Argyll Kintyre and Islay dated 5 March 2008, submitted)

12. UPDATE ON HEADSTONE RE-ERECTION WITHIN MID ARGYLL, KINTYRE AND THE ISLANDS

The Head of Roads and Amenity Services submitted a report giving Members an update on the progress of the re-erection and stabilisation of headstones within the Mid Argyll, Kintyre and Islands Area.

Decision

The Committee noted the content of the report by the Head of Roads and Amenity Services.

(Reference: Report by Head of Roads and Amenity Services dated 5 December 2007, submitted) Page 33

The Chair ruled and the Committee agreed to adjourn the meeting at 1.15pm and to reconvene at 2.00pm.

Councillor Philand left the meeting at 2.00pm.

13. WALK TO SCHOOL ROUTE - LOCHGILPHEAD/ARDRISHAIG

The Principal Administration Officer submitted a report providing background to the concerns expressed by Members and Parents of the pupils with regard to the safety of the walking route for pupils from Ardrishaig who attend the new joint campus in Lochgilphead.

Decision

The Committee noted the content of the report by the Principal Administration Officer – Education and the consistent application of current policy directives and safety assessments to the Ardrishaig/Lochgilphead walk to school route.

(Reference: Report by Principal Administration Officer – Education dated March 2008, submitted)

14. OLDER PEOPLE WORK CONSULTATION PROGRAMME

The Head of Community Support submitted a report providing Members with an update on the progress made with regard to an options appraisal and full tender for older people’s services.

Decision

The Committee noted the progress made against the agreed work plan for the options appraisal and in particular noted that a consultation programme would be carried out during the months of February and March 2008.

(Reference: Report by Head of Community Support dated March 2008, submitted)

15. BOWMORE BYELAW

The Area Corporate Services Manager for Mid Argyll, Kintyre and the Islands submitted a report providing Members with further information on the proposed bye-law to prevent the consumption of alcohol in public places in Bowmore, Isle of Islay.

Decision

The Committee resolved to promote the bye-law to prohibit the consumption of alcohol within the environs of Bowmore town and agreed that a formal consultation be undertaken on the proposals outlined in paragraphs 3.3 and 3.4 of the report by the Area Corporate Services Manager.

(Reference: Report by Area Corporate Services Manager – Mid Argyll, Kintyre and the Islands dated March 2008, submitted) Page 34

* 16. NOTICE OF MOTION UNDER STANDING ORDER 14

The Area Corporate Services Manager advised that in terms of Standing Order 14 that the following Notice of Motion by Councillor Robin Currie, seconded by Councillor MacMillan had been received as a matter of urgency at this meeting as the scheme had only been confirmed in terms of detail the previous week.

“That the Mid-Argyll, Kintyre and the Islands Area Committee make strong representation to the Scottish Government for them to reconsider the area of operation for the RET Scheme so that it includes the islands of Islay, Colonsay, Gigha and Mull. And recommend to the Executive Committee of the Council that they also make representation to Scottish Government and illustrating how inequitable the scheme will be to the southern Argyll islands.”

Decision

The Committee agreed –

1. To make strong representation to the Scottish Government to reconsider the area of operation for the RET scheme so that it includes the Islands of Islay, Colonsay, Gigha and Mull.

2. To recommend to the Executive Committee of the Council that they also make representation to the Scottish Government also illustrating how inequitable the scheme will be to the southern Argyll islands.

(Reference: Motion by Councillor Currie, seconded by Councillor MacMillan submitted)

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

17. GIGHA MOORINGS

The Director of Corporate Services submitted a report seeking approval from the Area Committee for the sale of the Council’s jetty and moorings at Ardminish Bay on Gigha.

Motion

The Committee approved the sale of the jetty and moorings at Ardminish Bay, Gigha and agreed that the Director of Corporate Services be instructed to make the necessary arrangements as detailed in the report. Moved Councillor MacMillan, Seconded Councillor Currie.

Amendment Page 35

That the Committee request a further paper showing projected income/expenditure if the Council were to retain the moorings. Moved Councillor McAlpine, seconded John Semple.

Decision

The Motion was carried 4 votes to 3 and the Committee resolved accordingly.

(Reference: Report by Director of Corporate Services dated 13 February 2008, submitted)

18. PROPOSED LEASE OF UNITS, OLD QUAY, CAMPBELTOWN

The Director of Corporate Services submitted a report seeking approval from the Committee for the lease of Units 6 and 7 at Old Quay, Campbeltown.

Decision

The Committee agreed that the Director of Corporate Services be instructed to carry out the necessary arrangements as detailed in the report.

(Reference: Report by Director of Corporate Services dated 12 February 2008, submitted)

19. SALE OF GROUND AT PENINVER CAR PARK

The Director of Corporate Services submitted a report seeking approval from the Committee for the sale of ground at Peninver Car Park.

Decision

The Committee formally declared the area surplus to requirements and authorised the Director of Corporate Services to take the necessary action as detailed in the report.

Councillor Colville requested that confirmation be given that the monies had been received.

(Reference: Report by Director of Corporate Services dated 13 February 2008, submitted)

20. PROPOSED LEASE OF LAND AT FEOLIN SLIP, ISLE OF JURA

The Director of Corporate Services submitted a report seeking the Committees approval for the lease of an area of ground at Feolin Ferry Slipway.

Decision

The Committee agreed to authorise the Director of Corporate Services to make the necessary arrangements as detailed in the report.

(Reference: Report by Director of Corporate Services dated 14 February 2008, Page 36

submitted)

Councillor Semple and Councillor Horn had declared an interest in the foregoing item of business and left the meeting.

21. LEASE AT AQUALIBRIUM

The Director of Community Services submitted a report regarding the lease of the child care facility at Aqualibrium, Campbeltown.

Decision

The Committee agreed the recommendations as detailed in the report by the Director of Community Services and agreed that delegated powers be given to the Director of Community Services, in consultation with the Chair of the Area Committee and Ward 1 Members, to conclude the lease.

(Reference: Report by Director of Community Services dated 25 February 2008, submitted)

Councillor Donald Kelly left the meeting.

Councillor Currie had declared an interest in the foregoing items of business (22a and 22b) and left the meeting.

22. ENFORCEMENT ACTION

(a) ENFORCEMENT 07/00135/ENFOTH

Decision

The Committee agreed that enforcement action be taken as detailed in the report by the Head of Planning with a recommended timescale of 6 months.

(Reference: Report by Head of Planning dated 15 February 2008, submitted)

(b) ENFORCEMENT 04/00043/ENFOCC

Decision

The Committee agreed that enforcement action be taken as detailed in the report by the Head of Planning with a recommended timescale of 6 months.

(Reference: Report by Head of Planning dated 14 February 2008, submitted)

Page 37 Agenda Item 8 ARGYLL AND BUTE COUNCIL TOWN AND COUNTRY PLANNING

APPLICATIONS TO BE CONSIDERED BY MID ARGYLL, KINTYRE AND THE ISLANDS AREA COMMITTEE AT THEIR MEETING ON 2 APRIL 2008

1. 06/02383/DET Scottish Water Detailed Planning Permission Erection of storm water treatment facility and ancillary development Sewage Works, Slaty Farlan, High Askomil, Campbeltown

Recommendation

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached to the Head of Planning’s report dated 16 th March 2007.

2. 06/02602/DET Scottish Water Detailed Planning Permission Re-profiling of land and installation of air valve chamber (no. 8) and associated vent pipe Land to the South West of Slaty Farlan, High Askomil, Campbeltown

Recommendation

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached to the Head of Planning’s report dated 16 th March 2007.

3. 06/02611/DET Scottish Water Detailed Planning Permission Re-profiling of land and installation of air valve chambers (no. 6 & 7) and associated vent pipes Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW

Recommendation

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached to the Head of Planning’s report dated 16 th March 2007.

E:\moderngov\Data\AgendaItemDocs\4\3\5\AI00039534\PlanningList0.doc Page 38 4. 06/02347/DET Scottish Water Detailed Planning Permission Installation of generator, bollards and ancillary works Pumping Station, Kinloch Road, Campbeltown

Recommendation

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached to the Head of Planning’s report dated 16 th March 2007.

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DEVELOPMENT SERVICES Ward Number - 1 – South Kintyre PLANNING APPLICATION REPORT Date of Validity - 3rd November 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 2nd April 2008

Reference Number: 06/02383/DET Applicants Name: Scottish Water Application Type: Detailed Planning Permission Application Description: Erection of storm water treatment facility and ancillary development Location: Sewage Works, Slaty Farlan, High Askomil, Campbeltown

SUPPLEMENTARY REPORT No. 1

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of inlet chamber, CSO chamber, outlet chamber, 20m internal diameter concrete storm tank, outfall chamber and storm return screen; • Installation of 5m x 3m x 3m GRP kiosk; • Erection of retaining walls and re-profiling of site; • Erection of 2.4m chainlink security fence.

(ii) Other Specified Operations:

• Installation of below ground pipework, including outfall pipe to Campbeltown Loch.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached to the Head of Planning’s report dated 16 th March 2007.

The application was originally presented to the 4 th April 2007 meeting of the Mid Argyll, Kintyre and Islay Area Committee for determination. Members at that time raised concern with regard to the acceptability of the proposed discharge to Campbeltown Loch. Whilst the Planning Department advised that this issue was controlled by an alternative regulatory regime in respect of a CAR licence application to SEPA, and ought not to be regarded as a material planning consideration, Members resolved that the application be continued until such time as the outcome of the CAR licence application was known.

The applicant has subsequently advised that the CAR licence application has been ‘called in’ by the Scottish Government and will consequently be determined following a public inquiry, the precise time scale for which is not known at present.

It would be inappropriate for Scottish Water, the Scottish Government, SEPA and other interested parties to embark on a lengthy and costly public inquiry process where there is no guarantee that the development under consideration would necessarily be acceptable in land use planning terms. It is therefore necessary for Members to reconsider the continuation of this item with a view issuing a planning decision in advance of the impending public local inquiry.

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Turner, Kildalloig, Campbeltown. These letters and the issues raised were brought to the attention of members at the 4 th April 2007 MAKI committee meeting. As the item is to be re-considered, the issues raised may be summarised as follows:

• It is considered inappropriate for the Council to determine this matter in advance of SEPA’s determination of the associated CAR licence for the discharge to Campbeltown Loch.

Comments: This issue is addressed at length in the original report to members.

• That it is inappropriate for the Council to determine applications which are of strategic importance to the residents of Campbeltown at a meeting to be held on the island of Jura – this item should be determined at a meeting held in Campbeltown.

Comments: As a matter of procedure the Planning Department submits items for consideration at the earliest possible meeting of the Area Committee regardless of the location of the meeting.

No other material matters have arisen since the application was last reported to Members.

Angus J Gilmour Head of Planning

18 th March 2008

Author: Peter Bain tel. 01546 604082 Contact: Richard Kerr tel. 01546 604080

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DEVELOPMENT SERVICES Local Member - Cllr Rory Colville PLANNING APPLICATION REPORT Date of Validity - 3rd November 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 4th April 2007

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

(ii) Other specified operations:

• Installation of below ground pipework, including outfall pipe to Campbeltown Loch.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached.

The proposal is one element of a larger scheme of works to be undertaken by Scottish Water, as a second phase of improvements to the sewerage system within Campbeltown. The objective of the overall scheme is to take storm flows away from the head of Campbeltown Loch, in order to alleviate flooding within Campbeltown and uncontrolled overflow discharges into the harbour, by capturing a significant proportion of the storm flows pumped forward from Kinloch Green for full treatment at the waste water treatment works. Within the scheme there are a number of elements that require express planning permission (mainly above ground works) as well as a significant elements which are ‘permitted development’ (below ground pipework and associated infrastructure, and sea outfalls).

This application relates to one element of the scheme, namely the extension of the existing sewage treatment works to allow for the collection and storage of storm flows to enable full treatment at the works. The proposal also includes for the provision of a combined sewer overflow (CSO) on the incoming storm main and from the storm storage tank, which would allow for very high storm flows to be diverted over a weir for direct discharge to Campbeltown Loch. This general approach is acceptable to SEPA, who will consent discharges separately under the Controlled Activities Regulations.

One objection has been raised by a solicitor acting for a local landowner, who does not consider that SEPA are likely to act in the best interests of his client. He has advanced reasons as to why he believes the scheme in its entirety ought to be subject to planning control, by virtue of the need for Environmental Impact Assessment. His position, which is dealt with at length in the report and appendices, is not accepted by officers or the Head of Legal Services.

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Angus J Gilmour Head of Planning 16 th March 2007

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

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 06/02383/DET

2. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:

(i) existing and finished ground levels in relation to an identifiable fixed datum; (ii) existing landscaping features and vegetation to be retained; (iii) location and design, including materials, of walls fences and gates; (iv) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub – such details shall show the provision of screen planting to the southern shore side boundary of the site and for the replanting of the adjacent, landscape planting to the shore side of the main waste water treatment works site; (v) programme for completion and subsequent maintenance.

All the hard and soft landscaping works shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the completion of the development hereby approved and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. 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: To ensure the implementation of a satisfactory scheme of landscaping.

3. All existing trees and shrubs on the site shall be retained and no trees or shrubs shall be removed from the site without the prior written consent of the Council as Planning Authority. In the event of trees/shrubs dying or being the subject of windblow or, appropriate replacement trees/shrubs shall be planted within one planting season of the felling occurring, all to the satisfaction of the Council as Planning Authority.

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

4. The total odour emissions from all sources shall be such that their combined contribution to the 3 th ambient atmosphere will not exceed 5 OU e/m hourly average, 98 percentile, above back ground levels, at and beyond the site boundary.

Reason: In the interests of the amenity of the neighbourhood.

5. Prior to work starting on site, full details of any external lighting to be used within the site or along its access track shall be submitted and approved in writing by the Planning Authority. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary. For the purposes of this condition, any external lighting installations shall be designed to confirm with the criteria for Environmental Zone E2: Low district brightness areas , as specified in the Guidelines for the Reduction of Light Pollution published by the Institute of Lighting Engineers.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

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APPENDIX RELATIVE TO APPLICATION 06/02383/DET

A. POLICY OVERVIEW

‘Argyll and Bute Structure Plan’ 2002

STRAT DC 5 – Development in Sensitive Countryside – Seeks to resist development in the open countryside but would support small scale development on appropriate infill, rounding off and redevelopment sites and, in special cases development in the open countryside and medium or large scale development which has a locational need to be on or in the near vicinity of the proposed site may be supported where the development proposed will integrate sympathetically with the landscape and settlement pattern.

‘Kintyre Local Plan’ 1984 and (1 st review and alteration) 1988

STRAT 3 – A presumption that development with a specific locational need shall be permitted in the countryside.

STRAT 4A – Sets out the criteria against which development in the Kintyre countryside will be assessed.

RUR 1 – Seeks to maintain and enhance landscape quality and in particular would seek to resist prominent or sporadic development within the Island Davaar and Beinn Ghuilean area of local landscape significance.

RUR 2 – Sets out the criteria against which development within an area of local landscape significance will assessed.

‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006

P/DCZ 5 - gives spatial expression to ‘sensitive countryside’ established by Structure Plan Policy STRAT DC 5, thereby seeking to restrict development to small scale infill, rounding-off and redevelopment, and development with an over-riding operational/locational requirement. This disposition of ‘sensitive countryside’ has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP ENV 1 – Sets out the criteria against which the Council will assess all planning applications. This policy has been the subject of representation as part of the local plan process, and therefore may not be afforded significant weight in the determination of the application.

LP CST 2 – Sets out requirements for development on the undeveloped coast (within the ‘sensitive countryside’ zone). This policy has not been the subject of representation as part of the local plan process, and therefore may be afforded significant weight in the determination of the application.

LP BAD 1 – In all development control zones developments classed as ‘bad neighbours’ will only be permitted if there are no adverse implications for residential amenity, appropriate measures are included to reduce impacts on amenity, and there are no transport amenity or technical standards objections. This policy has not been the subject of representation as part of the local plan process, and therefore may be afforded significant weight in the determination of the application.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed planning consent Ref. 97/01516/DET granted for the erection of a new waste water treatment works at the subject site and formation of new access and landscaping. The layout of the proposed new waste water treatment buildings and the number of buildings involved in the

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proposal were subsequently amended by a further submission ref. 00/01093/DET. The current application relates to land immediately adjoining this site.

It should also be noted that the current proposal relates to a larger scheme of works to be undertaken by Scottish Water in respect of improving the sewerage system within Campbeltown. Many of the elements, including underground pumping chambers, pipes and outfalls, do not require the benefit of express planning consent as they are exempted from control by the ‘permitted development’ rights applying to sewerage authorities. Scottish Water have consequently submitted applications for detailed planning permission at the various locations where express planning consent is required for a particular element of the scheme. For the purpose of clarity, the applications currently being considered are as follows:

06/02383/DET – Installation of storm tank and ancillary development - WWTW, Slaty Farlan.

06/02602/DET – Re-profiling of land and installation of air valve chamber 8 and associated vent pipe – Land to the South West of Slaty Farlan WWTW.

06/02611/DET – Re-profiling of land and installation of air valve chambers 6 & 7 and associated vent pipes – Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW.

06/02613/DET – Remedial works to sewer connection pipes 17-20 – Underground Pumping Station, Foreshore West of Springkell, Low Askomil.

06/02607/DET - Re-profiling of land and installation of air valve chamber 3 and associated vent pipe and remedial works to sewer connection pipes 1-16 – Low Askomil.

06/02612/DET – Associated vent pipe for air valve chamber 2 – Sea wall at junction of George St. and North Shore Street.

06/02347/DET – Installation of generator, bollard and ancillary works – Pumping Station, Kinloch Road.

It should further be noted that at the outset of this project, the scheme as a whole was the subject of a request by Scottish Water for a ‘Screening Opinion’ by the Council under the provisions of The Environmental Impact (Scotland) Regulations 1999. In the event a ‘Screening Opinion’ was issued in January 2006 confirming that the Council did not consider the scheme as a whole as one which would require to the be subject of an Environmental Impact Assessment. This decision was of importance, for in the event that such an assessment had been required, the otherwise ‘permitted development’ elements of the scheme would then have been brought under planning control. In other words, the totality of the scheme would have needed to be the subject of a planning application.

(ii) Consultations

• Scottish Natural Heritage (received 21.11.06) – No objections.

• National Air Traffic Service (27.11.06) – No objections.

• Highlands & Islands Airports (27.11.06) – No objections.

• Area Environmental Health Manager (01.12.06) – No objections subject to safeguarding conditions in respect of odour and external lighting.

• Area Roads Manager (27.12.06) – No objections.

• SEPA (15.03.07) – No objections.

(iii) Publicity

The proposal has been advertised under Section 34 of the Act with an expiry date of 8 th December 2006. One representation has been received in the form of e-mail correspondence from Mr Barry Love of Semple Fraser LLP, 130 St.Vincent Street, Glasgow, submitted on behalf

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of Mr Robert Wilson, Baraskomel Farm, Campbeltown. The points of representation are summarised as follows.

• Concern is raised with regard to the validity of the Council’s EIA Screening Opinion issued in January 2006 with regard to the overall scheme of works proposed by Scottish Water to augment the sewerage system within Campbeltown.

Comment: The submitted representation is both lengthy and complex. It does not lend itself to being summarised and it is therefore reproduced in full as Appendix A, along with the response from the Head Legal and Protective Services which is attached as Appendix B. Mr Love’s principal concern appears to be the anticipated number of overflow discharges into Campbeltown Loch from the treatment works, which he believes SEPA are likely to be prepared to consent. He therefore feels that there would be advantage in the scheme as a whole being examined by the Council as part of the planning process. In his opinion the Council misdirected itself when issuing a negative Environmental Impact Assessment ‘Screening Opinion’ in January 2006, thereby only retaining control over certain above ground elements of the scheme, and critically, not the outfall pipe. He believes that an Environmental Statement ought to have been required at that time, and failing that, the matter ought now to be re-evaluated by virtue of the lapse of time since January 2006.

The Council’s position is that the scheme as a whole did not require the benefit of an Environmental Statement and that the ‘Screening Opinion’ issued may be relied upon. It is not necessary to re-visit that decision by virtue of the passage of time, as the details of the scheme have not changed subsequently. (Scottish Water have latterly confirmed that the scheme does indeed remain the same as that considered by the Council in January 2006). Although it appears that Mr Love does not believe that SEPA will adequately safeguard his client’s interests when authorising discharges from the works, this is a matter of pollution control exercised by SEPA as regulator of the water environment, and not a land use planning matter. The Government’s NPPG 10 confirms that it is longstanding policy that planning controls should not duplicate other controls or be used to secure objectives achievable under other legislation. The CAR authorisation process which will need to be undertaken by SEPA is open to public comment, and Mr Love and his client will have the opportunity to address their concerns regarding discharges to the loch directly to SEPA as part of that consent process.

Planning Advice Note 51 (Planning, Environmental Protection and Regulation) gives advice on how the spatial planning and the pollution control regimes should complement but not duplicate each other. It suggests that the planning system should address the general suitability of the location of the site in environmental terms and that consent ought not to be given if there is a likelihood that other environmental controls cannot be satisfied. It also indicates that SEPA should have regard as to whether the proposed development is likely to be capable of being consented under their licensing regime on the basis of what is known at the time of their response to a planning application consultation. Whether a license would or would not be issued would not be a material planning consideration, although whether a proposal would be ‘capable of being licensed’ would be.

“When a planning authority receives representations or objections on matters which are more properly dealt with under an environmental protection regime and which do not raise land use planning implications, it is unlikely that they will need to attach any weight to them” (PAN 51, Para. 52). It is also stated that in exercise of their own responsibilities, planning authorities can assume that environmental pollution bodies will exercise their responsibilities effectively. In the case of this scheme, SEPA are fully aware of Scottish Water’s intended response to Campbeltown’s sewerage problems. They have been consulted on this application and have not raised objections. The control over discharges from the scheme will be exercised by them and the Council has no reason to believe that they will not act other than in an appropriate manner in so doing.

• The current application should not be determined until such time as SEPA have issued a licence for the development in respect of the Controlled Activities Regulations.

Comment: As noted above, the planning system specifically seeks to avoid duplication and repetition of requirements associated with other legislation and other regulators. PAN 51 indicates that there will be advantage in respective applications being considered simultaneously,

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but there is not an express requirement for planning and licensing consents to be issued in any particular sequence.

• That there are procedural errors in the neighbour notification that the applicant has undertaken in respect of the current proposal in that Mr Wilson has been served notification under both Article 8 and Article 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

Comment: It is noted that Mr Wilson has received neighbour and ownership notifications in respect of more than one planning application. Neighbour notification in respect of Article 9 has been served where Mr Wilson owns land adjoining application; ownership notification has been served where Mr Wilson has an ownership/lessee interest in a part of the application site. It is the consideration of the Planning Department that the applicant has satisfied the requirements of Article 8 and 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

(iv) Assessment

The proposal is a detailed planning application for works which pertain to one element of a larger scheme of works to be undertaken by Scottish Water, as a second phase of improvements to the sewerage system within Campbeltown. Within the larger scheme of works there are a number of elements that require express planning permission as well as a significant part of the scheme which is ‘permitted development’ by virtue of Class 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 relating to development relating to sewerage undertakings implemented by a ‘sewage authority’. The objective of the larger scheme of works is to take storm flows away from the head of Campbeltown Loch, and to alleviate flooding within Campbeltown itself, by capturing a significant proportion of the storm flows pumped forward from Kinloch Green for full treatment at the waste water treatment works.

The current application relates specifically to works to be undertaken on a site immediately adjoining the existing waste water treatment works (WWTW) at Slaty Farlan to the east of Campbeltown. The application site is located within the Island Davaar and Beinn Ghuilean area of local landscape significance and as such the current proposal requires to be assessed against the provisions of STRAT 4A, RUR 1 and RUR 2 of the ‘Kintyre Local Plan’. In respect of the emerging ‘Argyll and Bute Local Plan’ the site is located within an area designated as Sensitive Countryside and the proposal requires to be considered against policies STRAT DC 5 of the Structure Plan and LP ENV 1, LP CST 2 and LP BAD 1 of the emergent Local Plan.

Environmental Impact:

The proposal relates to a 0.86ha area immediately to the east and adjoining the existing WWTW at Slaty Farlan. The application site is open to Campbeltown Loch to the south but is otherwise visually contained within the landscape by the topography of its immediate landscape setting. The structures to be installed do not significantly protrude above ground levels and will not be a prominent feature in the landscape relative to that of the adjacent WWTW building. Landscaping previously implemented on the shore side of the existing WWTW has failed, and it is the consideration of the Planning Department that this area be replanted as per the requirements of planning condition 2 relative to detailed planning permission ref. 00/01093/DET and extended to include a screen planting to the current application site in order to ensure that the visual impact of the current proposal upon the designated area of local landscape significance is minimal. Scottish Water have indicated their willingness to replant the failed area at such time as the current site is landscaped. The Area Environmental Health Manager has advised that the proposal does not include an external lighting plan and it is advised that an appropriate safeguarding condition is imposed in order to protect the amenity and appearance of this particularly dark area on the north shore of Campbeltown Loch.

The proposal principally provides for the collection and storage of storm flows within the Campbeltown sewerage system and for the return of these flows to the WWTW for full treatment. The proposal also includes for the provision of a combined sewer overflow (CSO) on the incoming storm main and from the storm storage tank which would allow for very high storm flows to be diverted over a weir for direct discharge to Campbeltown Loch. SEPA have not raised any objections in respect of the current proposal.

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In respect of the potential for odour nuisance, the Area Environmental Health Manager has advised that, given the storm tanks will receive more dilute sewage than the main works, the odour potential is less. Additionally, the tanks should not be kept full as captured flows will be returned to the main works for treatment. There is however the potential for storm sewage to be retained within the tank for considerable periods of time during prolonged adverse weather, and there is the potential for septic conditions to occur, giving rise to odours. This could however be adequately mitigated by planning condition. In respect of the potential for noise nuisance, the Area Environmental Health Manager has advised that the only mechanical plant associated with this proposal are the storm return pumps and tank mixers within the tank itself. These are not expected to give rise to significant noise emissions and the sewage treatment works is itself remote from noise sensitive land uses.

Locational/Operational Requirment:

The provisions of STRAT 5 and LP CST 2 allow for development with a locational/operational need to be supported within the ‘sensitive countryside’; the location of the proposed development is restricted by a requirement for compatibility with the existing sewerage infrastructure. The location of development adjacent to the existing WWTW is sensible in this respect and contains the potential ‘bad neighbour’ aspects of this type of development to a single location.

Economic Benefit:

Implementation the wider scheme of works will result in a reduction of the flood risk which affects large parts of Campbeltown and, through the management of storm flows, will remove a significant constraint in respect of allowing the provision of public sewerage connections to serve a substantial amount of new development within the settlement and surrounds.

Infrastructure and Servicing Implications:

The site will be serviced by an existing private access road; the Area Roads Manager has not raised any objections to the proposal.

Implementation of the proposal will result in an improvement to the existing sewerage system within Campbeltown.

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APPENDIX A – Representations submitted by e-mail on behalf of Mr R. Wilson, Baraskomel Farm

From: [email protected] [mailto:[email protected]] Sent: 20 December 2006 15:53 To: Kerr, Richard Subject: Robert Wilson - Baraskomel Farm - Planning

We had correspondence earlier in the year (our respective letters of 24th March and 11th April refer, along with our email exchanges of 19th and 20th April) in relation to the changes to the Campbeltown WwTW infrastructure, and the expected impact it would have upon Robert Wilson and Baraskomel Farm. At that stage, however, no planning application for the above-ground elements had been submitted.

Mr Wilson has now received various neighbour notification notices from Scottish Water Solutions in relation to what appear to be separate parts of the overall larger scheme. These relate to:

(a) The reprofiling of land, installation of air valve chambers 6 and 7 and associated vent pipes at land to the east of Fort Argyll Road and to the west of Slaty Farlan WwTW, Campbeltown (b) The reprofiling of land, installation of air valve chamber 8 and associated vent pipe at land to the east of Fort Argyll Road and to the south west of Slaty Farlan WwTW, Campbeltown (c) Proposed Storm Treatment Facility and all ancillary development at Slaty Farlan WwTW, Campbeltown.

Mr Wilson has been invited in terms of the neighbour notifications to make representations to the Mid Argyll office in Ardrishaig, and I would be obliged if the Council could treat this communication as being written representations in terms thereof. We are regarding the above 3 applications as being constituent parts of a single project, and the representations accordingly apply to the whole project (and, by extension, to all of its parts).

The general background to matters is that Mr Wilson, like many people in Campbeltown, would wish to see Scottish Water investing in infrastructure improvements which are in accordance with the requirements of the Urban Waste Water Treatment Directive, rather than trying to railroad through half-measures which consist of little more than re-locating a sewage outfall. Campbeltown desperately needs a fully compliant urban wastewater system. Yes, that will be expensive. So be it. That is exactly why so much public money has been invested in Scottish Water. It is a legal obligation that must be achieved, simple as that. Half-measures are simply a waste of public money. Half measures which ignore the need for secondary treatment and permit scores of discharges of raw sewage each year are little more than an embarrassment. Many local people are very concerned about the relevant public bodies taking approaches which may allow this to happen, and there is a very strong feeling that the environmental impact of the proposals has been seriously underestimated, and that EIA is appropriate. It is therefore concerning to say the least that the Council has already played its part in this depressing state of affairs by virtue of the screening opinion which it issued earlier this year (of which more below). It is also of particular concern to Mr Wilson to avoid any repetition of the various problems which ensued when Scottish Water constructed the existing Slaty Farlan WwTW several years ago, including the issue of the illegal waste deposits left on site, and about which the Council has effectively washed its hands.

Against that background, the specific representations are as follows:

(1) The Council issued a screening opinion as long ago as 16th January 2006 in response to a document from Scottish Water Solutions dated November 2005. It is therefore inappropriate for the Council to assume that the EIA considerations

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applicable to the project as at December 2006 are suitably addressed in a document prepared more than a year ago. The Council must therefore require Scottish Water to update their document in support of their request for a screening opinion.

(2) It is also worth pointing out that the Developer misunderstood the category under the EIA regulations which applied. The Developer indicated that the development might fall, inter alia , within category 10(l) under Schedule 2 to the EIA ( Scotland) Regulations 1999. In the event, it appears that the Council disagreed that the project fell within category 10(l), and your Screening Opinion indicates that the second relevant category within Schedule 2 (in addition to 11(c)) is 10(h), which was not mentioned by the Developer. It is therefore to be doubted whether the documentation submitted by the Developer can be regarded as satisfactory when there was no agreement between the Developer and the Council about what category was relevant.

(3) We are not satisfied that the Council, in reaching its original screening opinion, directed itself correctly. According to Circular 15/1999,

"The impact of flood relief works is especially dependent upon the nature of the location and the potential effects on the surrounding ecology and hydrology. Schemes for which the area of the works would exceed five hectares or more than 2 km long would normally require EIA ." In this case, the pipeline IS greater than 2.5km, and we would therefore expect to see, within the screening opinion, "chapter and verse" as to exactly why the Council felt able to overcome that presumption. The explanation which you previously provided on this is, with respect, very weak and unconvincing.

(4) It is entirely inappropriate for the Council to "net off" environmental impact with longer term environmental benefits. While it is accepted that the current pollution of Campbeltown Loch from the existing WwTW poses environmental hazards, and that fewer storm overflow discharges would be better than the status quo, that simplistic approach is not the correct approach. The fact remains that Scottish Water's proposals are extremely controversial and are understood to involve up to 100 anticipated discharges of untreated sewage each year. This is illegal under European law and likely to result in Scotland/the UKfacing infringement proceedings for breach of the Urban Waste Water Treatment Directive. It is therefore inappropriate for the Council to play any part in consenting to such a project. The Council is a public body and is under a legal duty not to collude in or facilitate in any way a scheme which could cause the United Kingdomto be in breach of its obligations under European law. Moreover, both elected members and planning officials would require to tread very carefully in taking decisions which are contrary to law, as any resulting losses to the Council may be the subject of sanction under the Ethical Standards in Public Life Etc. ( Scotland) Act 2000. It is also anticipated that the particular individuals responsible for consenting the project will be named in an ongoing complaint to the European Commission.

(5) Given the statutory duty which now applies to the Council (by virtue of s.1(5) of the Local Government in Scotland Act 2003) to discharge its duties (including in relation to planning) in a way which contributes to the achievement of sustainable development, we would be interested to have confirmation of how the Council feels that permitting a new sewage outfall (discharging raw sewage every 3 days or so into Recreational Waters) achieves that end.

(6) Whilst the Council might be tempted to respond that it is for the Council to deal with planning considerations and for SEPA to deal with environmental considerations, it is not sufficient for the buck to be passed to SEPA. Many representations and concerns have been expressed to SEPA about the proposed scheme, and answers are awaited. At the very least, it would be sensible and responsible of the Council to take the view that consideration of the application should be deferred until SEPA have issued a licence under the

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Controlled Activities Regulations.

(7) On a procedural point, we understand that some of the notifications have been neighbour notifications under article 9 of the GDPO, while others have been agricultural notices under Article 8. We had been assuming that Mr Wilson's interest would have been consistently dealt with, rather than Article 8 notifications under items (a) and (b) above, and an Article 9 notification under item (c) above. Perhaps the Developer could be asked to explain.

In terms of addressing the above concerns, please confirm in the first instance that you intend contacting the Developer to require it to re-submit its request for a screening opinion, and that (in view of the local controversy) you will invite interested parties to comment on that re-submitted request before reaching any decision upon it.

I look forward to hearing from you.

Yours sincerely,

BARRY LOVE for Semple Fraser LLP

From:[email protected] [mailto:[email protected]] Sent: 29 December 2006 09:56 To: Kerr, Richard Subject: RE: Robert Wilson - Baraskomel Farm - Planning Representations....[#13245.1]

I refer to our recent email exchange, and have some new and relevant information. I have since received from SEPA details of the Notice which they issued to Scottish Water upon receipt of SW?s application for a licence under the Controlled Activities Regulations. I attach a copy.

That Notice requires SW to advertise the fact that they have applied for a licence, and it does so because it is SEPA?s opinion that the discharge applied for may have significant adverse impact upon the environment.

That in itself ought to be a sufficient pointer to the Council that the existing screening opinion should be set aside in favour of the process being re-done, not least in order that SEPA can be consulted afresh. As I recall, SEPA were originally quite relaxed about the request for a screening opinion, whereas now they are indicating that the environmental impact could be significant. Please confirm that you will pass this to your legal colleagues, in order that they might have all relevant information in front of them when considering matters.

I should perhaps add that I am slightly concerned at what I perceive the Council?s general attitude to be in relation to Schedule 2 applications. I may be misinterpreting what I have been told, but the impression I have formed is that the Council considers itself bound to consider ?planning? aspects, whereas it is for SEPA to consider ?environmental? aspects. I worry that this may mean that, on occasion, the Council will in relation to Schedule 2 projects take the view that EIA is not required, and grant planning consent conditional upon the applicant securing whatever consents they need from SEPA.

This seems to me like passing the buck, since it is of course for the Council to look at these matters itself. In order that I can have fuller information, I would be interested to receive from you (or your ?FOI? colleague) details of how many planning applications there have been to the Council in the last 5 years where the project in question was a Schedule 2 project and, of those, which have been screened so as to conclude that EIA is not required, and which

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have been screened so as to conclude that EIA is required. Could that information please be made available to me under the Environmental Information Regulations?

Many thanks.

I look forward to receiving your confirmation that the attached information has been passed to your legal colleagues, and I look forward also to receiving a full response to my previous email in due course.

Kind regards,

BARRY LOVE

From:[email protected] [mailto:[email protected]] Sent: 03 January 2007 08:59 To: Kerr, Richard Subject: RE: Robert Wilson - Baraskomel Farm - Planning Representations....[#13245.1]

Thanks Richard. If the Council decides that your approach is correct (i.e. that it is legally satisfactory for you simply to ask Scottish Water whether the characteristics of the scheme have been revised significantly, and to leave it at that), could I ask that the decision to that effect be issued by your Legal Department, and for that decision to indicate that it has been taken following consideration of the legal issues raised in this and also in my earlier emails?

The reason is that I would be happier giving consideration to a judicial review (if matters came to that) of a formal legal decision, than simply an informal opinion expressed in an email. Moreover, it would better lend itself to a complaint to the EIA section within the Environment Directorate-General of the European Commission.

I would remind you that the environmental regulators have already decided that the project is likely to have a significant adverse impact on the environment. (In fact, it is far from "inevitable" that CAR applications are advertised. It does not happen as a matter of course.)

The fact that SEPA have come to the opinion they have is therefore of great significance in the EIA context.

Moreover, as we have discussed previously, the applicant misunderstood the basis (and Schedule 2 category) under which it was applying for a screening opinion, and the Council have still not adequately explained how they overcame the presumption per Circular 15/1999 in favour of EIA in relation to flood relief works of >2km in length.

If the Council's approach is simply to ask SW whether things are the same as they were a year ago, that to my mind seems like a borderline dereliction of statutory duty, in effect allowing the applicant to dictate whether the EIA process can be triggered, and reducing the EIA process to a mockery of its intended role, whereby the Council, as EIA regulator, bodyswerve the issues and leave the applicant to sort them out with SEPA.

I would suggest to you that if you are minded to ask SW whether their proposals remain the same, then you would, at the very least, also require to check with the other consultees whether their responses remain the same too.

If you were to do that, then to all intents and purposes you would be re-running the screening process. And if you were re-running the screening process, then - you may agree - it would make more sense to require that the process be re-run properly with a fresh request for a screening opinion based on a fresh appraisal document.

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Regards, BARRY LOVE

From: [email protected] [mailto:[email protected]] Sent: 02 March 2007 09:53 To: Kerr, Richard Subject: RE: Robert Wilson - Baraskomel Farm - Planning Representations....[#13245.1]

Your ref: 06/02383/DET

Thank you for your letter of 28th February. My further representations are as follows: Illegality (1) The Council have never adequately explained how they overcame the presumption (per Circular 15/1999) in favour of EIA in relation to flood relief works of >2km in length. The absence of an explanation will render the consent open to challenge on the grounds that it is an unjustifiable exercise of discretion. Irrationality (2) The environmental regulators have already taken the provisional view (as evidenced by their decision to advertise the CAR application) that the project is likely to have a significant adverse impact on the environment. It is therefore perverse for the Council to ignore this, and to prefer instead the contrary view of the applicant. Procedural Impropriety (3) Both the Council and SWS have relied upon the division of responsibility allegedly encouraged by paragraph 57 of SPP1, that planning decisions must be taken on planning grounds alone. However SWS fail to quote the remainder of that paragraph, which states that:

Even where legal or administrative measures outwith the planning system may exist for controlling a particular activity, this can still be a consideration to which weight is given in reaching a planning decision. If a consideration is material in planning terms, it must be taken into account in reaching a decision. For example, the planning authority should have regard to the impact of a proposal on air or water quality although the regulation of emissions or discharges will fall to be dealt with other under other legislation.

You may also be familiar with a recent case brought by the European Commission against the UK in the European Court (case C-199/04, reported on 1st February 2007). Part of the Commission's case was that " the United Kingdom had not coordinated its planning and pollution-control rules adequately so as to ensure compliance with the obligations and objectives laid down by [the EIA] directive ". Although the case was dismissed on a technicality, it remains likely that the Commission will raise follow-up proceedings, since they clearly take the view that the excessive regulatory division in the UK between planning on the one hand and pollution control on the other is not a state of affairs that will ensure proper application of the EIA Directive.

The fact that SWS (being the party with the principal vested interest) are actively encouraging the Council to make a rigid demarcation between Planning, and Environmental Protection is an influence that the Council should resist, and the most appropriate means of encouraging the necessary coordination between Planning and Pollution Control (as required by the Commission), and to accord with the need to have regard (under SPP1) to the impact of a proposal on water quality, would quite simply to accept our suggestion that any consent should be delayed until a CAR licence has been issued or, at the very least, granted subject to a condition requiring the CAR licence to be exhibited prior to works commencing.

For the avoidance of doubt, I will also be copying these various representations to the European Commission, who may make use of them as further evidence of non-compliance.

Yours sincerely, BARRY LOVE

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DEVELOPMENT SERVICES Ward Number - 1 – South Kintyre PLANNING APPLICATION REPORT Date of Validity - 11 th December 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 2nd April 2008

Reference Number: 06/02602/DET Applicants Name: Scottish Water Application Type: Detailed Planning Permission Application Description: Re-profiling of land and installation of air valve chamber (no. 8) and associated vent pipe Location: Land to the South West of Slaty Farlan, High Askomil, Campbeltown

SUPPLEMENTARY REPORT No. 1

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of air valve chamber and vent pipe; • Re-profiling of site;

(ii) Other Specified Operations:

• Installation of below ground pipework.

(B) RECOMMENDATION

The application was originally presented to the 4 th April meeting of the Mid Argyll, Kintyre and Islay Area Committee for determination. Members at that time raised concern with regard to the acceptability of the proposed discharge to Campbeltown Loch. Whilst the Planning Department advised that this issue was controlled by an alternative regulatory regime in respect of a CAR licence application to SEPA, and ought not to be regarded as a material planning consideration, Members resolved that the application be continued until such time as the outcome of the CAR licence application was known.

The applicant has subsequently advised that the CAR licence application has been in ‘called in’ by the Scottish Government and will consequently be determined following a public inquiry, the precise time scale for which is not known at present.

It should also be recorded that since the production of the original report, late letters of representation had been received on 3 rd April 2007 from Barbara and Spencer Ellis (by e-mail) Charles Murphy, Chairman of Campbeltown Sewerage Taskforce, Eagle Park, Low Askomil, Campbeltown and; Mary Turner, Kildalloig, Campbeltown. These letters and the issues raised were brought to the attention of members at the 4 th April 2007 MAKI committee meeting. As the item is to be re-considered the issues raised may be summarised as follows:

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• It is considered inappropriate for the Council to determine this matter in advance of SEPA’s determination of the associated CAR licence for the discharge to Campbeltown Loch.

Comments: This issue is addressed at length in the original report to members.

Comments: As a matter of procedure the Planning Department submits items for consideration at the earliest possible meeting of the Area Committee regardless of the location of the meeting.

No other material matters have arisen since the application was last reported to Members.

Angus J Gilmour Head of Planning

18 th March 2008

Author: Peter Bain tel. 01546 604082 Contact: Richard Kerr tel. 01546 604080

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DEVELOPMENT SERVICES Local Member - Cllr Rory Colville PLANNING APPLICATION REPORT Date of Validity - 11 th December 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 4th April 2007

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of air valve chamber and vent pipe; • Re-profiling of site;

(ii) Other specified operations:

• Installation of below ground pipework.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason.

This application relates to one element of the scheme, namely the installation of an air valve chamber, a vent pipe and ground re-profiling works on land between the rear of the foreshore and the existing treatment works.

One objection has been raised by a solicitor acting for a local landowner, who does not consider that SEPA are likely to act in the best interests of his client. He has advanced reasons as to why he believes the scheme in its entirety ought to be subject to planning control, by virtue of the need for Environmental Impact Assessment. His position is considered in the report, and his representation is reproduced in full in the Appendix to application 06/02383/DET (which appears elsewhere on the agenda), along with the response to this which has been issued by the Head of Legal Services.

Angus J Gilmour Head of Planning Author: Peter Bain – 01546 604082 19 th March 2007 Contact: Richard Kerr – 01546 604080

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APPENDIX RELATIVE TO APPLICATION 06/02602/DET

A. POLICY OVERVIEW

‘Argyll and Bute Structure Plan’ 2002

‘Kintyre Local Plan’ 1984 and (1 st review and alteration) 1988

STRAT 3 – A presumption that development with a specific locational need shall be permitted in the countryside.

STRAT 4A – Sets out the criteria against which development in the Kintyre countryside will be assessed.

RUR 2 – Sets out the criteria against which development within an area of local landscape significance will assessed.

‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

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Scottish Water have consequently submitted applications for detailed planning permission at the various locations where express planning consent is required for a particular element of the scheme. For the purpose of clarity, the applications currently being considered are as follows:

06/02383/DET – Installation of storm tank and ancillary development - WWTW, Slaty Farlan.

06/02602/DET – Re-profiling of land and installation of air valve chamber 8 and associated vent pipe – Land to the South West of Slaty Farlan WWTW.

06/02611/DET – Re-profiling of land and installation of air valve chambers 6 & 7 and associated vent pipes – Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW.

06/02613/DET – Remedial works to sewer connection pipes 17-20 – Underground Pumping Station, Foreshore West of Springkell, Low Askomil.

06/02607/DET - Re-profiling of land and installation of air valve chamber 3 and associated vent pipe and remedial works to sewer connection pipes 1-16 – Low Askomil.

06/02612/DET – Associated vent pipe for air valve chamber 2 – Sea wall at junction of George St. and North Shore Street.

06/02347/DET – Installation of generator, bollard and ancillary works – Pumping Station, Kinloch Road.

(ii) Consultations

Area Environmental Health Manager (20.12.06) – No objections.

(iii) Publicity

One representation has been received in the form of e-mail correspondence from Mr Barry Love of Semple Fraser LLP, 130 St.Vincent Street, Glasgow, submitted on behalf of Mr Robert Wilson, Baraskomel Farm, Campbeltown. The points of representation are summarised as follows.

Comment: The submitted representation is both lengthy and complex. It does not lend itself to being summarised and it is therefore reproduced in full as Appendix A attached to planning application ref. 06/02383/DET which appears elsewhere on the agenda, along with the response from the Head Legal and Protective Services which is attached as Appendix B which is also attached to planning application ref. 06/02383/DET which appears elsewhere on the agenda. Mr Love’s principal concern appears to be the anticipated number of overflow discharges into Campbeltown Loch from the treatment works, which he believes SEPA are likely to be prepared to consent. He therefore feels that there would be advantage in the scheme as a whole being examined by the Council as part of the planning process. In his opinion the Council misdirected itself when issuing a negative Environmental Impact Assessment ‘Screening Opinion’ in January 2006, thereby only retaining control over certain above ground elements of the scheme, and critically, not the outfall pipe. He believes that an Environmental Statement ought to have been required at that time, and failing that, the matter ought now to be re-evaluated by virtue of the lapse of time since January 2006.

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• The current application should not be determined until such time as SEPA have issued a licence for the development in respect of the Controlled Activities Regulations.

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(iv) Assessment

The current application relates specifically to works to be undertaken on a site to the south west existing waste water treatment works (WWTW) at Slaty Farlan to the east of Campbeltown. The application site is located within the Island Davaar and Beinn Ghuilean area of local landscape significance and as such the proposal requires to be assessed against the provisions of STRAT 4A, RUR 1 and RUR 2 of the ‘Kintyre Local Plan’. In respect of the emerging ‘Argyll and Bute Local Plan’ the site is located within an area designated as ‘Sensitive Countryside’ and the proposal requires to be considered against policies STRAT DC 5 of the Structure Plan and LP ENV 1, LP CST 2 and LP BAD 1 of the emergent Local Plan.

Environmental Impact:

The proposal relates to an area of 0.05ha between the rear of the foreshore and the site of the existing waste water treatment works at Slaty Farlan. The application site is open to Campbeltown Loch to the south but is otherwise visually contained within the landscape by the topography of its immediate landscape setting. The proposal principally provides for the installation of an air valve chamber that will primarily be below ground. However, the development will require an increase in existing ground levels by approximately 800mm to accommodate the development; and a 900mm (wide) x 900mm (long) x 300mm (high) vent cover will sit on top of the proposed ground level. The structures to be installed do not significantly protrude above ground levels, and will not be a prominent feature in the landscape particularly having regard to the presence nearby of the adjacent WWTW building to the north- east.

The Area Environmental Health Manager has not raised any objections to this proposal on amenity grounds.

Locational/Operational Requirment:

The provisions of STRAT 5 and LP CST 2 allow for development with a locational/operational need to be supported within the ‘sensitive countryside’. The location of the proposed development is restricted by a requirement for compatibility with existing sewerage infrastructure.

Economic Benefit:

Infrastructure and Servicing Implications:

Implementation of the proposal will result in an improvement to the existing sewerage system within Campbeltown.

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DEVELOPMENT SERVICES Ward Number - 1 – South Kintyre PLANNING APPLICATION REPORT Date of Validity - 11 th December 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 2nd April 2008

Reference Number: 06/02611/DET Applicants Name: Scottish Water Application Type: Detailed Planning Permission Application Description: Re-profiling of land and installation of air valve chambers (no. 6 & 7) and associated vent pipes Location: Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW

SUPPLEMENTARY REPORT No. 1

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of two air valve chambers and vent pipes; • Re-profiling of site;

(ii) Other Specified Operations:

• Installation of below ground pipework.

(B) RECOMMENDATION

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members at the 4 th April 2007 MAKI committee meeting. As the item is to be re-considered the issues raised may be summarised as follows:

• It is considered inappropriate for the Council to determine this matter in advance of SEPA’s determination of the associated CAR licence for the discharge to Campbeltown Loch.

Comments: This issue is addressed at length in the original report to members.

Comments: As a matter of procedure the Planning Department submits items for consideration at the earliest possible meeting of the Area Committee regardless of the location of the meeting.

No other material matters have arisen since the application was last reported to Members.

Angus J Gilmour Head of Planning

18 th March 2008

Author: Peter Bain tel. 01546 604082 Co ntact: Richard Kerr tel. 01546 604080

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DEVELOPMENT SERVICES Local Member - Cllr Rory Colville PLANNING APPLICATION REPORT Date of Validity - 11 th December 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 4th April 2007

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of two air valve chambers and vent pipes; • Re-profiling of site;

(ii) Other specified operations:

• Installation of below ground pipework.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason.

This application relates to one element of the scheme, namely the installation of two air valve chambers, two vent pipes and ground re-profiling works to the east of Fort Argyll.

One objection has been raised by a solicitor acting for a local landowner, who does not consider that SEPA are likely to act in the best interests of his client. He has advanced reasons as to why he believes the scheme in its entirety ought to be subject to planning control, by virtue of the need for Environmental Impact Assessment. His position is considered in the report, and his representation is reproduced in full in the Appendix to application 06/02383/DET (which appears elsewhere on the agenda), along with the response to this which has been issued by the Head of Legal Services.

Angus J Gilmour Head of Planning Author: Peter Bain – 01546 604082 19 th March 2007 Contact: Richard Kerr – 01546 604080

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APPENDIX RELATIVE TO APPLICATION 06/02611 /DET

A. POLICY OVERVIEW

‘Argyll and Bute Structure Plan’ 2002

STRAT DC 2 – Countryside Around Settlement - Seeks to resist development in the open countryside but would support small scale development on appropriate infill, rounding off and redevelopment sites and, in special cases development which has a locational need to be on or in the near vicinity of the proposed site may be supported where the development proposed will integrate sympathetically with the landscape and settlement pattern.

‘Kintyre Local Plan’ 1984 and (1 st review and alteration) 1988

STRAT 3 – A presumption that development with a specific locational need shall be permitted in the countryside.

STRAT 4A – Sets out the criteria against which development in the Kintyre countryside will be assessed.

RUR 2 – Sets out the criteria against which development within an area of local landscape significance will assessed.

‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006

P/DCZ 2 - gives spatial expression to ‘countryside around settlement’ established by Structure Plan Policy STRAT DC 2, thereby seeking to restrict development to small scale infill, rounding- off and redevelopment, and development with an over-riding operational/locational requirement. This disposition of ‘countryside around settlement’ has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP CST 1 – Sets out requirements for development on the developed coast (within ‘settlement area’ and ‘countryside around settlement’ zones). This policy has not been the subject of representation as part of the local plan process, and therefore may be afforded significant weight in the determination of the application.

LP CST 2 – Sets out requirements for development on the undeveloped coast (within the ‘sensitive countryside’ zone). This policy has not been the subject of representation as part of the

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local plan process, and therefore may be afforded significant weight in the determination of the application.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

None in respect of the application site. It should also be noted that the current proposal relates to a larger scheme of works to be undertaken by Scottish Water in respect of improving the sewerage system within Campbeltown. Many of the elements, including underground pumping chambers, pipes and outfalls, do not require the benefit of express planning consent as they are exempted from control by the ‘permitted development’ rights applying to sewerage authorities. Scottish Water have consequently submitted applications for detailed planning permission at the various locations where express planning consent is required for a particular element of the scheme. For the purpose of clarity, the applications currently being considered are as follows:

06/02383/DET – Installation of storm tank and ancillary development - WWTW, Slaty Farlan.

06/02602/DET – Re-profiling of land and installation of air valve chamber 8 and associated vent pipe – Land to the South West of Slaty Farlan WWTW.

06/02611/DET – Re-profiling of land and installation of air valve chambers 6 & 7 and associated vent pipes – Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW.

06/02613/DET – Remedial works to sewer connection pipes 17-20 – Underground Pumping Station, Foreshore West of Springkell, Low Askomil.

06/02607/DET - Re-profiling of land and installation of air valve chamber 3 and associated vent pipe and remedial works to sewer connection pipes 1-16 – Low Askomil.

06/02612/DET – Associated vent pipe for air valve chamber 2 – Sea wall at junction of George St. and North Shore Street.

06/02347/DET – Installation of generator, bollard and ancillary works – Pumping Station, Kinloch Road.

(ii) Consultations

Area Environmental Health Manager (20.12.06) – No objections.

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(iii) Publicity

• The current application should not be determined until such time as SEPA have issued a licence for the development in respect of the Controlled Activities Regulations. E:\MODERNGOV\DATA\AGENDAITEMDOCS\4\3\5\AI00039534\0602611WR1903060.DOC

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(iv) Assessment

The proposal is a detailed planning application for works which pertain to one element of a larger scheme of works to be undertaken by Scottish Water, as a second phase of improvements to the sewerage system within Campbeltown. Within the larger scheme of works there are a number of elements that require express planning permission, as well as a significant part of the scheme which is ‘permitted development’ by virtue of Class 43A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 relating to development relating to sewerage undertakings implemented by a ‘sewage authority’. The objective of the larger scheme of works is to take storm flows away from the head of Campbeltown Loch, and to alleviate flooding within Campbeltown itself, by capturing a significant proportion of the storm flows pumped forward from Kinloch Green for full treatment at the waste water treatment works.

The current application relates specifically to works to be undertaken on a site located to the rear of the foreshore, some 200m east of residential development at Fort Argyll and 300m west of the existing waste water treatment works (WWTW) at Slaty Farlan. The application site is located within the Island Davaar and Beinn Ghuilean area of local landscape significance and as such the current proposal requires to be assessed against the provisions of STRAT 4A, RUR 1 and RUR 2 of the ‘Kintyre Local Plan’. In respect of the emerging ‘Argyll and Bute Local Plan’ the site straddles the boundary of areas designated as ‘Countryside Around Settlement’ and ‘Sensitive Countryside’. The proposal requires to be considered against policies STRAT DC 2 and STRAT DC 5 of the Structure Plan and LP ENV 1, LP CST 1, LP CST 2 and LP BAD 1 of the emergent Local Plan.

Environmental Impact:

The proposal relates to an area of 0.13ha to the south west of the existing WWTW at Slaty Farlan. The application site is open to Campbeltown Loch to the south but is otherwise visually contained within the landscape by the topography of its immediate landscape setting. The proposal principally provides for the installation of two air valve chambers that will primarily be below ground. However, the development will require an increase in existing ground levels by approximately 525mm and 850mm at chambers no. 6 and 7 respectively, in order to accommodate the development. A 900mm (wide) x 900mm (long) x 300mm (high) vent cover will sit on top of the proposed ground level above each air valve chamber. The structures to be installed do not significantly protrude above ground levels and will not be a prominent feature in the landscape.

The Area Environmental Health Manager has not raised any objections to this proposal on amenity grounds.

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Locational/Operational Requirment:

The provisions of STRAT DC 2, STRAT DC 5, LP CST 1 and LP CST 2 allow for development with a locational/operational need to be supported within the ‘sensitive countryside’ and ‘countryside around settlement’ zones. The location of the proposed development is restricted by a requirement for compatibility with existing sewerage infrastructure.

Economic Benefit:

Infrastructure and Servicing Implications:

Implementation of the proposal will result in an improvement to the existing sewerage system within Campbeltown.

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DEVELOPMENT SERVICES Ward Number - 1 – South Kintyre PLANNING APPLICATION REPORT Date of Validity - 11 th December 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 2nd April 2008

Reference Number: 06/02347/DET Applicants Name: Scottish Water Application Type: Detailed Planning Permission Application Description: Installation of generator, bollards and ancillary works Location: Pumping Station, Kinloch Road, Campbeltown

SUPPLEMENTARY REPORT No. 1

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of permanent standby generator; • Installation of 1m high bollards.

(B) RECOMMENDATION

The application was originally presented to the 4 th April 2007 meeting of the Mid Argyll, Kintyre and Islay Area Committee for determination. Members at that time raised concern with regard to the acceptability of the proposed discharge to Campbeltown Loch. Whilst the Planning Department advised that this issue was controlled by an alternative regulatory regime in respect of a CAR licence application to SEPA, and ought not to be regarded a material planning consideration, Members resolved that the application be continued until such time as the outcome of the CAR licence application was known.

It should also be recorded that since the production of the original report, late letters of representation had been received on 3 rd April 2007 from Barbara and Spencer Ellis (by e-mail); Charles Murphy, Chairman of Campbeltown Sewerage Taskforce, Eagle Park, Low Askomil, Campbeltown and; Mary Turner, Kildalloig, Campbeltown. These letters and the issues raised were brought to the attention of members at the 4 th April 2007 MAKI committee meeting. As the item is to be re-considered the issues raised may be summarised as follows:

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• It is considered inappropriate for the Council to determine this matter in advance of SEPA’s determination of the associated CAR licence for the discharge to Campbeltown Loch.

Comments: This issue is addressed at length in the original report to members.

Comments: As a matter of procedure the Planning Department submits items for consideration at the earliest possible meeting of the Area Committee regardless of the location of the meeting.

• That the proposed stand-by generator will appear ‘out of place’ adjacent to Aquilibrium and the War Memorial.

Comments: This issue has been addressed in the original report to members.

No other material matters have arisen since the application was last reported to Members.

Angus J Gilmour Head of Planning 18 th March 2008

Author: Peter Bain tel. 01546 604082 Contact: Richard Kerr tel. 01546 604080

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DEVELOPMENT SERVICES Local Member - Cllr Rory Colville PLANNING APPLICATION REPORT Date of Validity - 3rd November 2006 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 4th April 2007

Reference Number: 06/02347/DET Applicants Name: Scottish Water Application Type: Detailed Planning Permission Application Description: Installation of generator, bollard and ancillary works Location: Pumping Station, Kinloch Road, Campbeltown

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Installation of permanent standby generator; • Installation of 1m high bollards.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached.

This application relates to one element of the scheme, namely the installation of a permanent standby generator at the existing pumping station at Kinloch Road. This generator would be used to power the pumping station in the event of mains electricity failure (as this could coincide with storm conditions when it would be essential to retain pumping capacity).

One representation has been received requesting that the position of the generator be amended in order that it can be sited behind the existing pumping station building. Scottish Water have considered this request and advise that the sloping ground profile would make it impracticable to site the generator in the suggested location.

Angus J Gilmour Head of Planning 19 th March 2007

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

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 05/02263/DET

2. Prior to the commencement of works on site full details of the colour finishes to be applied to the external elevations of the standby generator enclosure hereby approved shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be implemented in accordance with the approved details to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity, to assist in the integration of the development with its surrounds and, no such details having been submitted.

3. The noise level from the operation of the standby generator hereby approved shall not exceed 45 dB(A) when measured as a five-minute L eq one metre from the façade of the nearest noise sensitive dwelling.

Reason: In order to minimise the adverse effects of noise on the local community.

4. Prior to work starting on site, full details of any external lighting to be used within the site or along its access shall be submitted and approved in writing by the Planning Authority. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary. For the purposes of this condition, any external lighting installations shall be designed to confirm with the criteria for Environmental Zone E3: Medium district brightness areas , as specified in the Guidelines for the Reduction of Light Pollution published by the Institute of Lighting Engineers.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

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5. APPENDIX RELATIVE TO APPLICATION 06/02347/DET

A. POLICY OVERVIEW

‘Argyll and Bute Structure Plan’ 2002

STRAT DC 1 – Development within Settlements – Gives encouragement of up to ‘large scale’ development on appropriate sites within the ‘settlement area’ of Campbeltown.

‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006

P/DCZ 1 - gives spatial expression to ‘settlement area’ for Campbeltown established by Structure Plan Policy STRAT DC 1, thereby seeking to encourage up to ‘large scale’ development on appropriate sites within the ‘settlement area’ of Campbeltown. This disposition of the ‘settlement area’ for Campbeltown has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP CST 1 – Sets out requirements for development on the developed coast (within ‘settlement area’ zones). This policy has not been the subject of representation as part of the local plan process, and therefore may be afforded significant weight in the determination of the application.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed planning consent 97/01306/DET granted for the erection of waste water pumping station and screen house. Subsequent applications ref. 98/01504/DET and 00/00516/DET were then granted for amended proposals.

Planning consent (ref. 05/02263/DET) was granted in January of 2006 for the temporary siting of above ground sewer apparatus and fenced compounds in connection with increasing the original pumping capacity of the site.

06/02383/DET – Installation of storm tank and ancillary development - WWTW, Slaty Farlan.

06/02602/DET – Re-profiling of land and installation of air valve chamber 8 and associated vent pipe – Land to the South West of Slaty Farlan WWTW.

06/02611/DET – Re-profiling of land and installation of air valve chambers 6 & 7 and associated vent pipes – Land to the East of Fort Argyll and to the West of Slaty Farlan WWTW.

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06/02613/DET – Remedial works to sewer connection pipes 17-20 – Underground Pumping Station, Foreshore West of Springkell, Low Askomil.

06/02607/DET - Re-profiling of land and installation of air valve chamber 3 and associated vent pipe and remedial works to sewer connection pipes 1-16 – Low Askomil.

06/02612/DET – Associated vent pipe for air valve chamber 2 – Sea wall at junction of George St. and North Shore Street.

06/02347/DET – Installation of generator, bollard and ancillary works – Pumping Station, Kinloch Road.

(ii) Consultations

SSE Power Distribution (received 08.11.06) – No objections subject to note to the applicant.

Scottish Natural Heritage (16.11.06) – No objections.

Health & Safety Executive (22.11.06) – No comments.

Area Roads Manager (28.11.06) – No objections, subject to conditions in respect of access geometry and visibility.

Comments: It is noted that the current proposal does not include for the formation of a new access onto the public highway, but merely the stationing of a portable generator within the existing site. Access conditions are not therefore appropriate.

Area Environmental Health Manager (04.12.06) – No objections subject to conditions in respect of safeguarding against potential for noise and light nuisance.

(iii) Publicity

The proposal has been advertised in respect of neighbour notification and as potential bad neighbour development (Section 34) One representation has been received from Mr Ronald, Togneri, Ivy Bank, Kirk Street, Campbeltown (received 28.12.06) who has raised concerns that the siting of the standby generator as proposed is unnecessarily obtrusive and it is suggested that the generator be relocated to the south-east to sit beside the existing pump house building in order to minimise the visual impact of the development.

Comments: Scottish Water Solutions have advised that it would be impracticable to site the generator in the suggested location because of the sloping ground profile.

(iv) Assessment

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Campbeltown Loch, and to alleviate flooding within Campbeltown itself, by capturing a significant proportion of the storm flows pumped forward from Kinloch Green for full treatment at the waste water treatment works.

The current application relates specifically to works to be undertaken on operational land associated with the existing pump house building on Kinloch Road, located within the ‘settlement area’ for Campbeltown. The proposal requires to be assessed against the provisions of STRAT DC 1 of the Structure Plan and LP ENV 1, LP CST 1 and LP BAD 1 of the emerging Local Plan.

Environmental Impact:

The proposal relates to a 60m 2 site located immediately to the north west of an existing single storey pump house building. It is proposed to install a permanent standby generator within the site to power Combined Sewer Overflow (CSO) screens, a single duty pump and building services. The generator will be contained within a metal acoustic enclosure which will be a rectangular-shaped container measuring 7m (long) x 3m (wide) x 3m (high), colour to be agreed by planning condition, with louvered panels, access doors and an exhaust pipe located in the roof. The proposed generator housing will be viewed within the context of existing infrastructure associated with the Campbeltown sewage system. It is noted that, following the submission of a written representation, the applicant has been asked to give consideration to siting the generator in an alternative location alongside the existing pump house building in order to minimise the impact of development. This alternative location has been ruled out by the developer on the grounds of practicality. Other works proposed at the site including for the installation of a valve chamber, access covers, pumping main, draw pits etc. are ‘permitted development’ and do not require the benefit of express planning permission.

Whilst the Area Environmental Health Manager has noted that the application site is located some 60m from the nearest noise sensitive properties, given the infrequent use of the standby generator, it is advised that resultant noise levels from use will be within tolerable standards. Whilst no objections are raised on amenity grounds it is recommended that safeguarding conditions be attached to ensure that the modelled noise levels are not exceeded. It is also noted that the proposal does not include details of any external lighting and it is advised that this issue also be controlled by planning condition.

Locational/Operational Requirment:

The location of the proposed development is restricted by a requirement for compatibility with the existing sewerage infrastructure which is compatible with the requirements of STRAT DC 1 and LP CST 1.

Economic Benefit:

Infrastructure and Servicing Implications:

Implementation of the proposal will result in an improvement to the existing sewerage system within Campbeltown.

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This page is intentionally left blank Page 95 Argyll and Bute Council Agenda Item 9 Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

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

14 March 2008 Page 1 of 7 Page 96 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

08/00383/FELLIC D.H Rogers 25/02/2008 07/03/2008 PDD School House Wood Achahoish Argyll And Bute

Felling License Application - Ellary Estate

08/00326/PNAGRI Mr D Park 19/02/2008 26/02/2008 PER Bowmore Lotts Farm Bowmore Isle Of Islay Argyll And Bute

Erection of agricultural storage shed

08/00306/NMA Mr And Mrs MacAllister 15/02/2008 21/02/2008 PER Mistral Mealldarroch Tarbert Argyll And Bute PA29 6YW

Erection of extension to dwelling house - non-material amendment to include additional timber cladding

08/00304/DET Mrs E. Campbell 12/02/2008 04/03/2008 PER 19 Mansefield Road Port Ellen Isle Of Islay Argyll And Bute PA42 7BH

Replacement roof covering

08/00275/NMA Matthew Carney 11/02/2008 21/02/2008 PER

14 The Green Craobh Haven Argyll And Bute PA31 8UB

Erection of rear extension to dwelling - non-material amendment to application 07/02386/DET - amendment to window on rear elevation.

08/00242/DET W Ralston 05/02/2008 07/03/2008 PER West Darlochan Farm Campbeltown Argyll And Bute PA28 6NT

Erection of silage pit

14 March 2008 Page 2 of 7 Page 97 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

08/00235/LIB Andrew Stanton 30/01/2008 12/03/2008 PER Galley Of Lorne Inn Ardfern Lochgilphead Argyll And Bute PA31 8QN

Partial replacement roof from flat roof to pitched roof, including formation of upper floor and installation of dormers

08/00234/DET Mr P L Gillies 29/01/2008 12/03/2008 PER Flat ½ Drimdarroch Kilduskland Road Ardrishaig Lochgilphead Argyll And Bute PA30 8HE

Erection of timber deck - retrospective

08/00232/TELNOT Airwave Solutions Ltd 30/01/2008 21/02/2008 PDD Meall Mhor Transmitting Station South Knapdale Tarbert Argyll And Bute

Installation of 2 no. 0.3m diameter transmission dishes onto a 4m long support pole mounted from the existing transmitter building, ground based equipment cabin and ancillary apparatus.

08/00230/DET Willian Robert Gray 28/01/2008 25/02/2008 PER Bruachan Lochgair Lochgilphead Argyll And Bute PA31 8SD

Extension to dwellinghouse

08/00211/DET Mr And Mrs M H C Webster 30/01/2008 27/02/2008 PER Kilbride Park Inveraray Argyll And Bute PA32 8XT

Extension to dwellinghouse

08/00210/DET Ardtalla Estates Ltd 30/01/2008 04/03/2008 PER

Tallant Cottage Kildalton Isle Of Islay Argyll And Bute PA42 7EF

Extension to dwellinghouse

14 March 2008 Page 3 of 7 Page 98 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

08/00185/DET Mr And Mrs Alexander Wilkie 16/01/2008 19/02/2008 PER Kilchousland Campbeltown Argyll And Bute PA28 6QW

Extension to dwellinghouse

08/00184/HYDRO SSE Power Distribution 17/01/2008 21/02/2008 PER Overhead Lines Lochgilphead - Kilmartin 11kv Line

Installation of 3 no double poles to support voltage regulating equipment.

08/00182/DET Mr Duncan MacLean 18/01/2008 11/03/2008 PER 41 Macdonald Terrace Lochgilphead Argyll And Bute PA31 8TE

Erection of extension

08/00181/DET Per Director Of Community Services 24/01/2008 25/02/2008 PER

Campbeltown Grammar School Hutcheon Road Campbeltown Argyll And Bute PA28 6JS

Partial replacement curtain walling, new windows and replacement flues

08/00159/DET Airtricity Developments (UK) Ltd 29/01/2008 12/03/2008 PER Beinn Bhreac Carradale Argyll And Bute

Erection of a 70m meteorological mast for a temporaray period of 24 months

08/00157/REM Mr And Mrs G. Scott 06/02/2008 12/03/2008 PER Unit 7 Carnduncan Gruinart Bridgend Isle Of Islay Argyll

Demolition of ruin and erection of dwellinghouse, installation of oil storage tank and sewage treatment system

14 March 2008 Page 4 of 7 Page 99 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

08/00153/REM Mr David Dunbar 14/01/2008 27/02/2008 PER Garden Ground Of Leanamhor Kilkerran Road Campbeltown Argyll And Bute PA28 6RB

Erection of dwellinghouse (as amended by plans received 22.02.08)

08/00150/DET Mr J. Houston 14/01/2008 28/02/2008 PER East Lodge Kilmartin Argyll And Bute PA31 8QF

Erection of conservatory

08/00092/OUT Islay Estates Co 10/01/2008 04/03/2008 PER

Land West Of Kilnave Gruinart Isle Of Islay Argyll And Bute

Site for erection of dwellinghouse

08/00091/LIB Kintyre Hotel Group 21/12/2007 20/02/2008 PER

Royal Hotel Main Street Campbeltown Argyll And Bute PA28 6AG

Alterations and extension to hotel

08/00088/DET Mr A Barber 08/01/2008 26/02/2008 PER 5 Ardpatrick Place Lochgilphead Argyll And Bute PA31 8TN

Alterations to dwellinghouse, erection of timber deck and formation of additional parking bay

08/00063/DET Kintyre Hotel Group 21/12/2007 20/02/2008 PER Royal Hotel Main Street Campbeltown Argyll And Bute PA28 6AG

Alterations and extension to hotel

14 March 2008 Page 5 of 7 Page 100 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

08/00058/DET M MacDonald 28/12/2007 20/02/2008 PER Land South Of 1 Bellochantuy Cottages Bellochantuy Campbeltown Argyll And Bute

Erection of 5 dwellinghouses (3 terraced and 2 detached) formation of new access and installation of sewage treatment system

08/00041/VARCO Mr Gordon Watson 14/01/2008 27/02/2008 PER N Land South Of Car Park Gigha Ferry Terminal Ardminish Isle Of Gigha Argyll And Bute

Erection of new boat shed/office and compound. Variation of condition 3 to allow for extended opening hours

08/00037/DET Dr John French And Dr Sonia Virdee 11/01/2008 26/02/2008 PER Gruinart Farm Gruinart Isle Of Islay Argyll And Bute PA44 7PP

Demolition of fire damaged dwelling and erection of new replacement dwellinghouse

07/02391/DET Mr And Mrs Hunter 10/01/2008 28/02/2008 PER Land South West Of Tigh A Chuain Port Charlotte Isle Of Islay Argyll And Bute

Erection of dwelling house

07/02309/DET J And J Smith 14/01/2008 19/02/2008 PER

Drumalea Farm Kilkenzie Campbeltown Argyll And Bute PA28 6QD

Erection of agricultural building

07/02288/LIB Cindy MacInnes 26/11/2007 05/02/2008 PER 1 Main Street East Inveraray Argyll And Bute PA32 8TP

Internal alterations to form 3 ensuite bathrooms

14 March 2008 Page 6 of 7 Page 101 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE Mid Argyll, Kintyre and Islay

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

07/02048/DET George Jackson 12/11/2007 05/03/2008 PER Shorefield Bruichladdich Isle Of Islay Argyll And Bute PA49 7UN

Erection of domestic wind turbine

07/01994/OUT Forestry Commission Scotland 26/10/2007 26/02/2008 WDN

Land North East Of Gortonronoch (Plots 2,3 And 4) Lochgair By Lochgilphead

Site for erection of 3 dwellinghouses and installation of septic tank

07/01431/COU Mr Peter Dewer 13/12/2007 07/03/2008 PER The Steading Grogport Carradale Campbeltown Argyll And Bute PA28 6QL

Change of use of garage/store to residential accommodation

07/01360/OUT Mr John Roberts 13/07/2007 11/02/2008 WDN Land South West Of Waterside Tayvallich Argyll And Bute PA31 8PJ

Site for erection of dwelling house

07/01264/DET Mr John Chambers 05/07/2007 04/03/2008 PER

Tigh An Raat Inveraray Argyll And Bute

Redevelopment of ruin to form one and a half storey holiday cottage

07/00794/COU Dr N. McKay 04/06/2007 19/02/2008 PER 81 Main Street Port Charlotte Isle Of Islay Argyll And Bute PA48 7TX

Change of use of store to form residential annex

14 March 2008 Page 7 of 7 Page 102

This page is intentionally left blank Page 103 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE Mid-Argyll, Kintyre and Islay

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/00519/MTP/A Keith Findlay 11/02/2008 25/02/2008 07/03/2008 WARAPP

Smithy House Bruichladdich Isle Of Islay PA49 7UN

Alter existing house to from new rooms and demolish redundant outbuildings - amendment to warrant reference 04/00519/MTP granted 26th April 2004 - amendment required - add two steps to living room and retain rear porch 04/01883/EXT/A David Barbour Gillies 21/02/2008 27/02/2008 12/03/2008 WARAPP

10 Killeonan Campbeltown Argyll PA28 6PL

Erection of conservatory - amendment to warrant reference 04/01883/EXT granted 3rd March 2005 - Incorporation of retaining wall

04/01984/ALT Scott And Sue Woods 06/10/2004 02/11/2004 11/03/2008 WARAPP

Cornwall Barmore Road Tarbert Argyll PA29 6TW

Internal alterations to ground floor flat to relocate bathroom and form open plan lounge kitchen

05/00143/MTP/A Mr Bruce Condie 29/11/2007 10/12/2007 21/02/2008 WARAPP

Culrain Ardfern Lochgilphead Argyll PA31 8QN

Two storey extension and alterations to existing dwelling - amendment to Building Warrant reference number 05/00143/MTP granted 22 December 2004 - gas tank relocation, foul drainage re-positioning, change to bathroom layout, access hatch to existing basement and access arrangement. 05/00743/ALT/A Scott R. Woods 20/02/2008 27/02/2008 03/03/2008 WARAPP

Cornwall Barmore Road Tarbert Argyll PA29 6TW

Proposed internal alterations - amendment to Building Warrant 05/00743/ALT granted 30 June 2005 - double doors to bedroom replaced by single door, position of kitchen sink changed, downlighters in lounge - replacing single pendant 05/01285/EXTEND/A Colin Hossack 01/03/2006 06/03/2006 12/03/2008 WARAPP

Galeed Whitegates Road Lochgilphead Argyll PA31 8SY Single storey side extension to form an unheated conservatory. - amendment to warrrant 05/01285/EXTEND granted 31st August 2005 - constructrion of a soakaway as opposed to the tieing in the surface water drains to existing drainage

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 14 March 2008 Page 1 of 5 Page 104 06/00851/EXTEND/A Mr Ken Enock 05/09/2007 25/09/2007 05/03/2008 WARAPP

Craigdene Ardrishaig Lochgilphead Argyll And Bute PA30 8HJ Single storey timber framed side extension to form en-suite bedroom, dining hall, study and sitting room - amendment to warrant reference 06/00851/EXTEND granted 5th October 2006 - delete partition forming office, change bath to shower, door to livingroom form hall and relocate septic tank 06/01563/ERECDW/1 Mrs Fiona Wyllie 06/08/2007 17/08/2007 03/03/2008 WARAPP

Land North East Of Traighuaine Arduaine Argyll And Bute Erection of a 7 apartment, 4 bedroom, 3 storey timber framed dwelling house with oil storage tank, septic tank and irrigation system. Stage 2, all above superstructure 07/00375/EXTEND Mr And Mrs McMillan 22/03/2007 03/04/2007 05/03/2008 WARAPP

2 The Stances Kilmichael Glassary Lochgilphead Argyll And Bute PA31 8QA Erection of a heated conservatory with traditional dwarf walls to gable and access steps/landing to such.

07/01095/EXTEND Mr And Mrs Malcolm 21/08/2007 10/09/2007 03/03/2008 WARAPP

Courtyard Cottage Barrmor View Kilmartin Lochgilphead Argyll And Bute PA31 8UN Erection of a timber frame side extension

07/01289/ALTER Mr C McLennan 16/10/2007 05/11/2007 12/03/2008 WARAPP

Tigh Na Mullan Lorne Street Lochgilphead Argyll And Bute Alter unused loft area for clean storage with option of loft conversion in future

07/01292/ERECDW James Murphy 17/10/2007 05/11/2007 22/02/2008 WARAPP

Ferry Cottage Clachan Argyll PA29 6XN

Demolition of existing dwelling and erection of a new dwelling

07/01317/ALTER Argyll Community Housing Association 22/10/2007 06/02/2008 07/03/2008 WARAPP

Dalriada House Lochnell Street Lochgilphead Argyll And Bute PA31 8ST Internal alterations to form office accommodation with ancillary storage cupboards from existing store room

07/01373/ERECDW Mr And Mrs G Logan 09/11/2007 28/11/2007 25/02/2008 WARAPP

Land East Of Gleann A Gaoidh Portnahaven Isle Of Islay Argyll Erection of new house, garage and stables

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 14 March 2008 Page 2 of 5 Page 105 07/01379/ALTER Mrs Irene Justice 12/11/2007 23/11/2007 03/03/2008 WARAPP

Ben View School Street Port Charlotte Isle Of Islay Argyll And Bute PA48 7TW Internal alterations to form new opening to dining area, re-position bathroom, sitting room and bedrooms

07/01388/EXTEND Mr And Mrs Watson 14/11/2007 27/11/2007 03/03/2008 WARAPP

Muasdale Inn Muasdale Tarbert Argyll And Bute PA29 6XD Erection of a rear conservatory

07/01426/ALTER/A NHS Highland 22/02/2008 27/02/2008 03/03/2008 WARAPP

The Surgery Church Square Inveraray Argyll And Bute PA32 8TX Alterations consisting of existing w/c to disabled w/c, platt and step to external door and handrail to existing ramp - amendment to reference 07/01426/ALTER granted 20th November 2007 - new ramp to existing fire exit, new door opening formed and existing door opening infilled to consulting room. 07/01441/CONV04 Mrs Cindy MacInnes 22/11/2007 26/11/2007 20/02/2008 WARAPP

1 Main Street East Inveraray Argyll And Bute PA32 8TP Provision of ensuite facilities to 3 bedrooms and change of use to form Bed and Breakfast establishment.

07/01449/ERECDW Mrs Mary McIndeor 26/11/2007 20/12/2007 03/03/2008 WARAPP

Land North West Of Museum Port Charlotte Isle Of Islay Argyll And Bute Erection of single storey dwellinghouse

07/01452/ERECT Director Of Community Services 26/11/2007 28/11/2007 12/03/2008 WARAPP

Ardrishaig Primary Park Road Ardrishaig Argyll And Bute PA30 8HD Proposed erection of ball court fencing

07/01512/ALTEXT Mr And Mrs Davidson 11/12/2007 28/12/2007 19/02/2008 WARAPP

Ashbank West Bank Road Ardrishaig Argyll And Bute PA30 8HG Alterations to existing ground floor layout, with 1+1/2 storey extension forming kitchen/dining to ground floor and to reduce bathroom and create additional bedroom on 1st floor 07/01528/MULTIP Mr And Mrs P. Burrell 18/12/2007 15/01/2008 03/03/2008 WARAPP

Torgortan Tayvallich Argyll PA31 8PN

Extension to house and erection of timber garage

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 14 March 2008 Page 3 of 5 Page 106 07/01552/ERECT David Livingstone 19/12/2007 10/01/2008 03/03/2008 WARAPP

The Bungalow Stewarton Campbeltown Argyll And Bute PA28 6PG Erection of a garden store

07/01553/CONV01 Mr And Mrs Waterworth 20/12/2007 11/01/2008 03/03/2008 WARAPP

Coullabus Farm Bridgend Isle Of Islay Argyll And Bute PA44 7PX Conversion of existing farm building (stalls/cow shed) to single storey 3 apartment staff accommodation

07/01555/ERECDW Mr M Livingstone And Ms I Gilmour 20/12/2007 16/01/2008 06/03/2008 WARAPP

Plot 1 South Of Tigh-AN-Innis Bridgend Lochgilphead PA31 8QA Erection of single storey 3 apartment timber framed dwelling house.

08/00023/MULTIP Mr And Mrs D Gee 28/12/2007 16/01/2008 03/03/2008 WARAPP

The Old Schoolhouse Ardbeg Isle Of Islay Argyll And Bute PA42 7EA Internal alterations to form en-suite, new velux and reposition of H W cylinder

08/00052/EXTEND Lorna MacGregor 14/01/2008 25/01/2008 05/03/2008 WARAPP

Springhill Inverneill Lochgilphead Argyll And Bute PA30 8ES Single storey extension to form an unheated conservatory

08/00056/ERECDW John Saich 14/01/2008 31/01/2008 20/02/2008 WARAPP

Plot North East Of Ahbitmhor Cottage Ford Argyll And Bute Erection of a single storey 3 apartment timber framed detached dwelling house and foul/surface water drain runs upto disconnecting manholes.

08/00072/ALTEXT Mrs Alice Black 16/01/2008 24/01/2008 20/02/2008 WARAPP

3 Campbell Place Portnahaven Isle Of Islay Argyll And Bute PA47 7SQ Alterations to remove kitchen door to form access to family room and bathroom extension to rear

08/00104/ALTEXT Mr And Mrs C Blair 21/01/2008 04/02/2008 03/03/2008 WARAPP

9 Fernoch Crescent Lochgilphead Argyll And Bute PA31 8AE Erection of a timber framed sun room to rear elevation

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 14 March 2008 Page 4 of 5 Page 107 08/00117/ERECDW Mr And Mrs John MacDonald 23/01/2008 12/02/2008 03/03/2008 WARAPP

Plot 2 Craigowan Crescent Campbeltown Argyll PA28 6NN Erection of a single storey 6 apartment timber frame dwelling with associated oil storage tank

This page is intentionally left blank Page 109 Agenda Item 10

ARGYLL & BUTE COUNCIL MID ARGYLL, KINTYRE AND THE DEVELOPMENT SERVI CES ISLANDS AREA COMMITTEE

2 APRIL 2008

CONSERVATION AREAS – PROMOTING THE RESPONSIBILITIES FOR PROPERTY OWNERS

1. SUMMARY Members requested at recent Area Committee that a report be prepared on promoting the responsibilities of property owners within Conservation Areas.

2. RECOMMENDATION Members note that a corporate policy statement will be produced in due course outlining the Council’s position in respect of all Conservation Areas within Argyll & Bute.

3. BACKGROUND There have been two recent cases where individuals installed plastic windows to listed buildings within the Campbeltown Conservation Area without authorisation. Both cases were discussed at the January Area Committee and it was agreed that enforcement action should be taken to ensure that the plastic windows were removed and replaced with timber sash and case windows.

It appears that many individual property owners are not fully aware of the implications of owning property within a Conservation Area. As a result it is likely that further cases will continue to arise.

This is an issue that goes beyond Conservation Areas within the MAKI area. The Head of Planning has requested a policy statement on this subject. The Conservation Design Officer will take the lead role.

It should also be noted that Historic Scotland are currently reviewing their policy on plastic windows and that we would not wish to publicise the Council’s view until we had been able to assess the implications of a revised national policy.

The Campbeltown Town Centre Regeneration Project (CARS/THI) will engage the public in all sorts of work about planned maintenance, management agreements and guidance on historic buildings. Plastic windows will be part of that – but that guidance needs to come out at the right time when the project reaches that Page 110

point and we know Historic Scotland’s new policy.

4. IMPLICATIONS

Policy A policy statement will beforthcoming in due course. Financial None

Personnel None

Equal Opportunities None

Legal None

Community Supporting those living on Conservation Areas to understand their responsibility.

Page 111 Agenda Item 12

ARGYLL & BUTE COUNCIL MID ARGYLL, KINTYRE AND THE ISLANDS AREA COMMITTEE OPERATIONAL SERVICES 2 APRIL 2008

REDEVELOPMENT AT PORT ASKAIG

1. PURPOSE

The purpose of this report is to update Members on the current position with the Works at Port Askaig.

2. RECOMMENDATIONS

It is recommended that the Committee note the contents of the report.

3. CONTRACTUAL ISSUES

3.1 Progress on the Phase 1 Mustering area is complete apart from minor landscaping and woodland management works.

3.2 Progress on the Phase 2 Marine Works at Port Askaig has been very poor. The current programme from Carillion, the contractor, shows completion by Easter 2008 but site staff think there will still be work ongoing after Easter.

3.3 Carillion have submitted extensive claims up to October 2007 and more are expected for the remaining period of the contract. The claims submitted to date amount to approximately £1,500,000 but Arch Henderson who are supervising the works have been unable to evaluate these claims due to lack of details from Carillion.

3.3 MacLeod Construction has been awarded the contract for the Phase 3 pier Buildings. They were due to start on 10 th March but as Carillion were still on site they could not take possession and now plan to start on 25 th March 2008 with completion in January 2009

3.4 Discussions are still underway with Marion Spears regarding the lease of the existing garage on the pier. The RNLI have indicated that they do not wish a new store constructed adjacent to the garage.

3.5 The total cost of the works is now estimated at £12,900,000. An additional £1,000,000 of marine grant has been secured taking the external funding level to £11,030,000. The Council are seeking further funding through the unallocated marine grant monies

1 Page 112

4. JURA FERRY ISSUES

4.1 The marine works involved the reconstruction of the Jura ferry berth and the fixed ramp for the Jura ferry. Arch Henderson, the designers felt that a design with the steep gradients of the existing ramp would not comply with current safety standards. In addition, at the time of the design it was thought that the existing ferry may have to be replaced due to the high levels of traffic and it would be desirable to replace the ferry with a standard roll on/off ferry operating from 1 in 8 slipways. The design therefore allowed for the simple conversion of the existing ramp to a 1 in 8 slipway. The new linkspan is capable of taking the Jura ferry at all states of the tide.

4.2 As the new ferry berth neared completion the Jura ferry operators expressed concern that they would hardly ever be able to use the fixed ramp. Arch Henderson produced tables based on the predicted tide levels of the periods when the Jura ferry would not be able to use the fixed slipway and would have to use the link span. When these periods coincide with when the mainland ferry is berthing overnight there is a restriction of the Jura service. (For emergencies the mainland ferry would move to make the linkspan available)

4.3 Trials are in progress on the fixed ramp to confirm the theoretical predictions of when the ferry can use the ramp.

4.4 The Jura ferry crew have also expressed concerns at the suitability of the new berth during periods of exceptional high tides and significant waves. When the high tides cover the quay surfaces the ferry cannot be used so berthing in these conditions is not an issue. Arch Henderson have assured the Council that this type of solid structure is normal on the West coast and minor adjustments to the fendering should deal with any operational issues.

4.5 The issues raised to date have mainly been speculation and the Consultant has advised that his view is that once the berth is fully operational and the ferry crew gain experience then many of the perceived problems will be resolved.

5. INNER HARBOUR ISSUES

5.1 Users of the inner harbour have complained that the new quay level is too low and that with exceptional high tides the waves will overlap the quay to the detriment of moored vessels. The decision not to raise the quay levels was taken early on in the design phase as the cost would have been considerable to eliminate an event that occurred once or twice a year. Only the pier building floor levels were raised.

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5.2 The improvements to the inner harbour were possible due to the provision of a new Jura ferry berth. At no time did the Council undertake to provide a fully protected inner harbour suitable for use 24 hours a day, 365 days a year. The expectations of the harbour users are therefore not realistic and they should be content with the significant improvements that have been made.

5.3 The harbour users have complained that the concrete panel finish to the inner harbour is too rough for their fenders and requested its removal. This is not possible as it was a specific requirement of the public inquiry reporter to ensure such a finish was applied rather than leave exposed sheet piling.

5.4 Steps rather than ladders have been provided at the new North harbour to improve safety for people boarding vessels. Mr Eaton complained that his vessel could not utilise these steps as his passengers could only board at one location on his vessel and at high tide the quay walls prevented him accessing the steps. The Council considered installing a floating pontoon but other users complained this would restrict the harbour for fishing vessels so the idea was scrapped. The Councils view is that individual boat owners should modify their vessels to be able to take advantage of the steps provided.

6. IMPLICATIONS

6.1 Policy – None. 6.2 Financial – Additional capital funding is required 6.3 Personnel – None 6.4 Equalities Impact Assessment - None 6.5 Legal – None.

For further information, please contact Peter Ward (Tel: 01546 604651).

Stewart Turner Head of Roads and Amenity Services 17 March 2008

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This page is intentionally left blank Page 115 Agenda Item 13

ARGYLL & BUTE COUNCIL MID ARGYLL, KINTYRE AND THE ISLANDS AREA COMMITTEE OPERATIONAL SERVICES 2 APRIL 2008

A83 TRUNK ROAD – PROPOSED ROADWORKS

1. PURPOSE

The purpose of this report is to advise the Area Committee of the proposed roadworks on the A83 Trunk road in 2008/09. .

2. RECOMMENDATIONS

The Area Committee is asked to note the contents of this report.

3. DETAILS

The responsibility for the Management and Maintenance of the Trunk Road Network in the North West Unit in Scotland rests with Scotland TranServ which is a joint venture between Balfour Beatty and Mouchel. The five year contract commenced in 1996 and there are three main objectives which include Customer Service, Value for Money and Effective Management of the Network.

The scope of the contract includes:

• Routine Inspections of the road network • Winter Maintenance • Routine and Cyclic Maintenance • Structural Maintenance of Roads and Bridges • Road Improvements • Grass Cutting and Weed Control • Road Lighting including repairing traffic signals • Safety Barrier Repair

A map of the North West Unit is enclosed and it can be seen that Scotland TranServ have divided the area into three areas in order to manage their network.

Scotland TranServ has a responsibility in general terms for carrying out Maintenance works although their remit does include a degree of design work although the larger projects are managed by Transport Scotland.

The process undertaken by Scotland TranServ in order that they can create a Programme of works involves them preparing a draft programme which requires to be approved by Transport Scotland who act as client for these works. At present Scotland TranServ have prepared a draft programme and this is being considered by Transport Scotland. The two appendices attached include details of the Draft 1

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Programme submitted by Scotland TranServ. The scenario 8 list in Appendix 2 refers to schemes valued at more than £100,000 and the specific schemes located within Argyll and Bute Council area are highlighted in yellow. You will note that in Argyll and Bute the approximate value of works is £6 million from a total available Budget of £11 million.

There are a number of schemes identified for the A83, which gives a clear indication that Scotland TranServ have a similar view to the residents of the Mid Argyll, Kintyre and the Islands area that the poorest part of the network in the North West Unit is located in this area. Schemes listed for the Lochgilphead Tarbert area where there is most concern include Tarbert – West Tarbert; Stonefield; Ardrishaig south and south of Barrhill. In addition in Appendix 3 the South Area Revenue Programme this relates to works with a value of less than £100,000 and it can be seen that the value of works in the Argyll and Bute Council area is approximately £1 million.

There are a number of schemes on the A83 which have been identified for overlay and patching works including Auchindrain – Furnace; Corranbuie; Rhu House; Erines; West Loch Tarbert and a renewal of the high friction surfacing at Kilmichael Beag.

I consider that taking into account the budget available to Scotland TranServ and the condition of the existing road network that funding apportioned to this part of the Network is more than reasonable and it will help address the various network issues in this area.

The Argyll and Bute Council Local Transport Strategy 2007 – 2010 – Moving Forward identifies a number of infrastructure improvements in the A83 corridor between Tarbert and Campbeltown. In general terms, the Local Transport Strategy has identified that the A83 should be widened to 6 metres with a provision of a 1 metre strip on either side. An indicative cost of £27 million over a 20 year period has been identified but it should be noted that the partners involved in this work would include Transport Scotland and Hitrans. The responsibility for upgrading Works does not rest with Scotland TranServ.

Scotland TranServ have responsibilities as part of their contract with Transport Scotland to provide Roads Design Services but that is when briefs have been prepared in order for them to carry out the works. It is not within the remit of Scotland TranServ to specifically identify area where infrastructure improvement are required and then carry out the Design work.

The Local Transport Strategy has identified 4 specific pinch points within the A83 corridor. The Furnace bends are torturous in nature and also subject to problems during the winter. The various sections in the Artilligan area between Ardrishaig and Tarbert and in particular the narrow road in the vicinity of Erines also needs addressed and there are on-going Traffic Management issues at Tarbert with regard to crossing points. None of these matters falls within the direct remit of Scotland TranServ and these are issues that will be considered by Transport Scotland when they review their Transport Strategy.

The location at which there is a significant pinch point on our network are the bends/hills just south of Muasdale and this is within the remit of the Argyll and Bute 2

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Council but due to the high cost of approximately £4 million its priority is relatively low in comparison with other improvements required on our network.

The condition of the road network throughout Scotland is variable but it should be recognised that the Trunk Road and the Local Road Network in the Argyll and Bute area has generally been formed from cart tracks which has created poorly constructed roads which when subjected to the significant loading effects of heavy goods vehicles and in particular forestry lorries has created significant deterioration of our network.

The issue of spend on Roads Infrastructure is a national problem and Scotland TranServ should be complimented for diverting a disproportionate share of their available resource to the Argyll and Bute council area for 2008/09.

4. IMPLICATIONS

4.1 Policy - None

4.2 Financial - No direct impact on Argyll and Bute Council Budget but it should be recognised that there is a draft programme for significant spend on trunk road issues in Argyll and Bute Council area

4.3 Personnel - None

4.4 Equalities Impact - None Assessment

4.5 Legal - The responsibility for Roads Maintenance on a trunk road network rests with Scotland TranServ and on Argyll and Bute Council for the Local Road network. Scotland TranServ have responsibilities under the contract to deliver their works and Argyll and Bute Council have responsibilities under the Roads Scotland Act, plus various other Council Policies to deliver their works.

For further information, please contact Stewart Turner, Head of Roads & Amenity Services (Tel: 01546 604611).

Stewart Turner Head of Roads & Amenity Services 17 March 2008

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Appendix One – Trunk Road Network, North West Unit

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Page 121 Page 122 Page 123 Agenda Item 14 Argyll and Bute Council Comhairle Earra Ghàidheal agus Bhòid

Memo

Operational Services Date: 17 March 2008

To: All Councillors Your Ref:

Cc Directors and Heads of Service Our Ref: RA/P/1

From: Stewart Turner Telephone: Ext 4611 Head of Roads & Amenity Services

A NEW APPROACH TO THE DELIVERY OF ROADS & AMENITY SERVICES – “CENTRALISED SERVICES DELIVERED LOCALLY”

During 2007 an Options Appraisal was undertaken in Operational Services, and as a result it was agreed that amendments would be made to service delivery within Roads & Amenity Services. Instead of an ‘Area’ approach, this will now be delivered on a functional basis which will increase consistency and ensure effective & efficient service delivery. Services may be managed centrally but they will still be delivered locally.

Roads & Amenity Services will now be delivered through five separate units.

1. Marine and Airports Unit. 2. Road Design Unit 3. Network and Environment Unit 4. Roads Operations Unit 5. Streetscene Unit

The Marine and Airports Unit will be responsible for the management of Council owned piers and harbours, the Council run ferry operations and the Council owned airfields. A Marine and Airports Manager will be appointed in due course.

The Road Design Unit will be based in the existing design offices in Lochgilphead, Helensburgh, Oban and Dunoon and they will be responsible for the design, supervision and project management of major works involving roads, bridges, piers, harbours and the inspection and assessment of bridges and piers/harbours. They will also provide expert advice to other parts of Roads & Amenity Services and other Council Departments when required.

This unit will be managed by the three current Principal Engineers; Arthur McCulloch and Peter Ward based in Lochgilphead and Craig Moir based in Helensburgh.

The Network and Environment Unit will be responsible for providing and developing policy and strategy issues for Roads & Amenity Services relating to the various Asset Management Plans including roads, bridges, grounds maintenance, play parks and cemeteries. They will also deal with development control, traffic regulation orders and public utility issues.

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This Unit will be managed by Neil Brown based in Oban and Alan Kerr based in Helensburgh. The various functions within network and environment will be managed on a corporate basis by the two Managers.

The Roads Operations Unit will be responsible for the delivery of road maintenance and roads management and will include the contracting arm of the service to the Council. This unit will also deliver the winter maintenance, street lighting and an emergency service. This Service will be managed by Graham Brown.

The newly established Streetscene Unit will be responsible for the collection and disposal of waste, grounds maintenance, burials, public conveniences, play parks, street sweeping, horticulture, cemeteries, crematorium, warden services and minor roadworks. Streetscene will be managed by Donnie McLeod.

In order, to ensure that you are aware of which member of staff to contact I have prepared an appendix relating to the four Council areas with the appropriate point of contact in each area.

There is change with this new approach to service delivery, although it is anticipated that the vast majority of staff in Roads & Amenity Services will be ‘slotted’ into one of the units without any change to work location or working practices. Some people may notice a change in their management, and some (Managers and Assistant Managers) are likely to find their work being confined to a specific type of work, although the scope within the works is still significant.

At present there is work ongoing on the various staff structures within each of the Units, which will be rolled out to allow implementation by 1 April 2008.

Stewart Turner Head of Roads & Amenity Services

Appendix 1 – List of Contacts in Roads & Amenity Services Marine and Airports Unit

Issues Bute & Cowal Helensburgh & Mid Argyll, Kintyre & Oban, Lorn & the Whole Service Lomond the Islands Isles Issues

Ferries - - Iain McFadyen Iain McFadyen Marine & Airfields Kilbowie House, Oban Kilbowie House, Oban Manager. 01631 562176 01631 562176 To be Appointed

Stewart Turner 01546 604611 Rothesay Pier Steven Neilson, - - - - Harbourmaster 01700 503842

Dunoon Pier Paul Lambert - - - - Harbourmaster 01369 702652 Page 125

Campbeltown Pier - - William MacDonald - - Harbourmaster 01586 552552 - Helensburgh & Kilcreggan Piers - Gavin Walker - - - Harbourmaster 01436 842476

Oban North - - - Douglas Craig - Harbourmaster 01631 562892

Oban Airport/ Coll - - - Peter Jackson Stewart Turner Airport/Colonsay Oban Airport 01546 604611 Airport/Glenforsa Airfield 01631 710910

CalMac Liaison - - - - Stewart Turner 01546 604611

Version 1.1 1 Issued 14 March 2008 Appendix 1 – List of Contacts in Roads & Amenity Services Roads Design Unit

Issues Bute & Cowal Helensburgh & Mid Argyll, Kintyre & Oban, Lorn & the Whole Service Issues Lomond the Islands Isles

Major Flooding Works - - - - Craig Moir Blairvadach House Helensburgh 01436 658850

Structures – Bridges, culverts, - - - - Arthur McCulloch retaining walls. Manse Brae Lochgilphead 01546 604632

Road Issues – Major roadworks. - - - - Peter Ward Page 126 Manse Brae Lochgilphead 01546 604651

Version 1.1 2 Issued 14 March 2008 Appendix 1 – List of Contacts in Roads & Amenity Services

Network & Environment Unit

Issues Bute & Cowal Helensburgh & Mid Argyll, Kintyre & Oban, Lorn & the Whole Service Issues Lomond the Islands Isles

Developmental Control Planning Paul Farrell Campbell Divertie James Ross John Heron Neil Brown and Traffic Regulation Orders Milton House, Dunoon Blairvadach House Manse Brae Kilbowie House Kilbowie House 01369 708613 Helensburgh Lochgilphead Oban Oban 01436 658866 01546 604655 01631 562170 01631 562125

Bill Weston Kilbowie House Oban 01631 562161 Management of Road Space – - - - - Martin Gannon Public Utilities; Road Openings; Manse Brae

Skip Permits; Scaffolding Lochgilphead Page 127 Permits. 01546 604613

Policy Issues on Roads & - - - - Neil Brown Streetscene, including Asset Kilbowie House, Oban Plans for Roads; grounds 01631 562125 Maintenance; Play; Cemeteries; Car Parks. Alan Kerr Blairvadach House Helensburgh 01436 658865

Scotland TranServ & Transport - - - - Stewart Turner Scotland Liaison 01546 604611 Minor Flooding Issues - - - - Alan Kerr Blairvadach House Helensburgh 01436 658865

Version 1.1 3 Issued 14 March 2008 Appendix 1 – List of Contacts in Roads & Amenity Services Roads Operations Unit

Issues Bute & Cowal Helensburgh & Mid Argyll, Kintyre & Oban, Lorn & the Whole Service Lomond the Islands Isles Issues

Winter Maintenance George Craig George Craig Stewart Clark Stewart Clark Graham Brown / Milton House Milton House Manse Brae Manse Brae Callum Robertson Dunoon Dunoon Lochgilphead Lochgilphead Manse Brae 01369 708628 01369 708628 01546 604893 01546 604893 Lochgilphead 01546 604687 / 4887

Street Lighting Brian Fitzpatrick Derek Barr Danny Watson Danny Watson Ryan McGlynn Hamilton Street Blairvadach House, Manse Brae Manse Brae Manse Brae Dunoon Helensburgh Lochgilphead Lochgilphead Lochgilphead 01369 708981 01436 658861 01546 604688 01546 604688 01546 604646 Page 128 Major Roadworks George Craig George Craig Stewart Clark Stewart Clark Callum Robertson Milton House, Dunoon Milton House, Dunoon Manse Brae Manse Brae Manse Brae 01369 708628 01369 708628 Lochgilphead Lochgilphead Lochgilphead 01546 604893 01546 604893 01546 604887

Inspections / Potholes Graham Revill Grant Whyte Julian Green Graham Stone Graham Brown Hill Street, Dunoon Blairvadach House, Manse Brae Kilbowie House Manse Brae 01369 703153 Helensburgh Lochgilphead Oban Lochgilphead 01436 658868 01546 604653 01631 562174 01546 604687

School Crossing Patrollers - - - - Ailsa McCuaig Manse Brae Lochgilphead 01546 604640

Version 1.1 4 Issued 14 March 2008 Appendix 1 – List of Contacts in Roads & Amenity Services

Streetscene Unit

Issues Bute & Cowal Helensburgh & Mid Argyll, Kintyre & Oban, Lorn & the Whole Service Lomond the Islands Isles Issues

Waste Collection To be appointed Tom Murphy Ian Fawcett Sandra Duncan Donnie McLeod Blairvadach House Campbeltown Kilbowie House Manse Brae Recycling Collection Interim Arrangement : Helensburgh Oban Lochgilphead Special Uplifts - 01436 658908 01586 559011 01631 562181 01546 604671 Tom Murphy Street Sweeping Blairvadach House

Grounds Maintenance Helensburgh 01436 658908 Minor Roadworks

Page 129 Public Conveniences

Burials

Cremations

Playing Fields

Horticulture

Play Parks

Warden Services ( Dog Wardens, Pest Control, & Community Wardens)

Version 1.1 5 Issued 14 March 2008 Page 130

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ARGYLL & BUTE COUNCIL AREA COMMITTEES

CORPORATE SERVICES APRIL 2008

EXTRACT OF MINUTE OF ECONOMY POLICY AND PERFORMANCE GROUP HELD ON 13 MARCH 2008

8. TWINNING ARRANGEMENTS

At the request of the Executive, the PPG agreed to give consideration to the Council’s current policy for twinning arrangements. A report giving a brief summary of the current position regarding twinning in Argyll and Bute was also considered along with an information booklet prepared by Alyn Smith MEP which detailed European budgets that are available for European towns and people to create links, both geographical and thematic.

Decision

The PPG agreed:-

1. That the current arrangements for formal twinning in Argyll and Bute should remain the same;

2. That if Area Committees or local communities wish to establish informal twinning links funding for these could be resourced from the European funding detailed in the information booklet prepared by Alyn Smith MEP and that beyond those existing Twinning Arrangements staff resources from Corporate Services and Council finance should not be used; and

3. That the Head of Democratic Services and Governance should prepare a press release advising community groups within Argyll and Bute of this European funding available for twinning schemes.

(Reference: Extract from Minute of Executive of 21 February 2008, report by Head of Democratic Services and Governance and Information Booklet on European Budgets available for Twinning Schemes, submitted)

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ARGYLL AND BUTE COUNCIL ECONOMIC POLICY AND PERFORMANCE GROUP CORPORATE SERVICES 13 March 2008

TWINNING

1. SUMMARY

1.1 This report gives a very brief summary of the current position regarding twinning in Argyll and Bute.

2. RECOMMENDATION

2.1 The Policy and Performance Group note the report.

3. DETAIL

3.1 Argyll and Bute Council inherited a number of twinning arrangements in 1996 from its predecessor Councils. These were as follows:-

Mid Argyll, Kintyre and Islay - Amberg Sulzbach (Kummersbrook link with Campbeltown).

Bute and Cowal - Korcula

Oban, Lorn and the Isles - none originally point but Gorey established shortly after the inception of the Council.

Helensburgh and Lomond - Thouars.

3.2 The Council took a decision at its inception to establish a twinning budget of £5,000 which was split £2,500 to the Centre with the balance of £2,500 given equally to the three administrative areas of Bute and Cowal, Oban, Lorn and the Isles and Helensburgh and Lomond. It was agreed also that Mid Argyll, Kintyre and Islay would access the corporate budget for twinning which would look at arrangements with Amberg Sulzbach and Kummersbrook the reasoning behind this was that Amberg Sulzbach was the most active twinning arrangement in situ as at the handover to Argyll and Bute Council in 1996.

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3.3 The intention of that budget was to support visits from organisations from our twinned areas when visiting Argyll and Bute and was not meant to be used for the purposes of supporting travel by individual groups to their twin towns.

3.4 There have been a variety of twinning arrangements established with local voluntary organisations and sometimes with school groups which have operated independently from the Council with occasional requests for civic receptions/funding towards events when the return visits were in Argyll and Bute.

3.5 In recent years these requests for funding have diminished substantially as has the activity on twinning arrangements in which the Council is involved although there remains activity amongst a number of the twinning arrangements referred to above as well as some other looser links with places such as Kells in the case of Oban, Lorn and the Isles.

3.6 The purpose behind twinning was seen as promoting cultural exchanges, awareness of other countries and communities and opportunities for young people to engage with other young people from other communities. This remains the principal purpose of twinning although perhaps promoting the area and encouraging tourism can also be seen as a by product of such twinning. However given the advent of cheap travel it is perhaps the case now that young people are much more exposed to foreign countries and their cultures than was previously the case and therefore that purpose of twinning may have diminished in some respect.

3.7 It is perhaps worthy of discussion at the PPG on what Members views are around what the objectives and aims should be of maintaining, re-engaging or ending existing twinning arrangements so that an up to date policy consideration can be developed for the Council. It is many years since the Council considered its policy position on twinning and as far as I can recollect that quality position has not been stated with either of the last two Councils.

For further information contact Charles Reppke on extn. 4192

1672js policy group twinning

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