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Mr D Higgins: Erection of Dwellinghouse, Formation of Vehicular Access and Associated Works: Garden Ground of Torwood House, Torwoodhill Road, Rhu, Helensburgh (Ref: 22/02523/Pp)

Argyll and Bute Council · 21 June 2023
Back to Planning, Protective Services and Licensing Committee — 21 June 2023 and its agenda

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Page 1

Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 22/02523/PP
Planning Hierarchy: Local
Applicant: Mr D Higgins
Proposal: Erection of dwellinghouse, formation of vehicular access and
associated works
Site Address:  Garden Ground of Torwood House, Torwoodhill Road, Rhu,
Helensburgh, Argyll And Bute    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Sub-division of curtilage of single residential development to create a site
for erection of a new separate dwellinghouse
 Erection of a dwellinghouse
 Formation of access and driveway
 Associated land engineering works/re-profiling existing ground levels
 Installation of surface water drainage system 
(ii) Other specified operations
 Connection to existing public water supply network
 Connection to existing public drainage network 
(B) RECOMMENDATION: 
It is recommended that planning permission be refused. 
(C) CONSULTATIONS:   
ABC Roads (08.03.2023):
Torwoodhill Road, in its current layout is considered unsuitable to serve the existing
properties and the proposed new development.
It is recommended that determination of the application be deferred until details of
commensurate improvements to Torwoodhill Road are submitted for assessment.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Commensurate improvements should include the creation of 2No. intervisible
passing places between the Upper Torwoodhill Road junction and the access to the
proposed. This could include the creation of a ‘Service Bay’ access arrangement at
the access to the proposed development. 
ABC Local Biodiversity Officer (21.02.2023):
1) The submitted Tree Report does not provide advice on the timing for opening up
the site for foundation construction with reference to impact on birds.
2) Requests a planning condition requiring a pre-start ecological survey to be
carried out in advance of excavation works, if it is proposed to commence during
the bird nesting season.
3) Advises that good practice measures e.g. pipe end capping and escape ramps
from foundation/services trenches should implemented during construction to
avoid trapping animals.
4) Advises that submission, assessment and approval of a Landscape Design
Planting Plan be required by planning condition. 
ABC Built Heritage & Conservation Officer (22.02.2023:
Planning Permission Ref 16/03045/PP was granted for the sub division of the plot
and proposed new dwellinghouse. Whilst the same LDP is currently in place, there
has been a material change in that the NPF4 has now been adopted which requires
to be taken into account as part of a proper assessment of the current application.
It is not considered that the supporting information submitted as part of the Planning
Statement provides sufficient assessment of the character of the conservation area
and the properties (both listed and un-listed within it) to allow a full assessment
against the provisions of NPF4 Policy 7.
Notwithstanding the above required information, initial concern is expressed that:
1) the proposed development is at odds with the existing pattern of
development/urban grain; and,
2) there is a lack of justification for the architectural style of the proposed house in
relation to the mixture of distinct architectural styles for existing houses within the
area.
It is suggested that the applicant submits a more comprehensive assessment of the
historic assets and the likely impacts of the proposal which may help to address these
concerns. 
Scottish Water (03.02.2023):
No objection. This does not confirm that the proposed development can currently be
serviced. Further investigation regarding Water Capacity Assessment may be
required when a formal application is submitted to Scottish Water. Suggest that the
applicant submits a Pre-Development Enquiry to Scottish Water to allow a full
assessment of waste Water Capacity. Scottish Water will not accept any surface
water connections into their combined sewer system. 
(D) HISTORY:   
20/01190/PP - Conversion of garage into dwellinghouse, erection of two storey
extension and installation of air source heat pump at Garden Ground Of Torwood
House – Approved 18.10.2020. 
16/03045/PP – Erection of dwellinghouse at Garden Ground Of Torwood House,
Torwoodhill Road, Rhu – Approved 01.12.2017

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(E) PUBLICITY:   
Site Notice - Conservation Area – Expired 22.02.2023 
Site Notice - Setting Listed Building – Expired 22.02.2023 
Listed Building/Conservation Advert – Expired 02.03.2023 
Neighbour Consultation – Expired 22.02.2023 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Representations are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
A total of thirteen representations have been received from third parties.
Twelve of these are objections to the proposal and the remaining one does
not object in principle subject to concerns regarding drainage being satisfied
prior to determination of the application. 
It is noted that whilst the status of several third party submissions has been
expressed as an “objection” - their concerns may be satisfied by resolution of
these identified concerns ((primarily relating to drainage and roads/access.) 
Objection: 
 Hilary Stuart – Dunaivon, Armadale Road, Rhuu Helensburgh, Argyll and
Bute G84 8LG
 Dr. Florence Watt - Acorn Cottage, Invergare Cottages, Glenarn Road,
Rhu, Helensburgh, Argyll and Bute G84 8LL
 Miss Kim Maclean - The Cottage, Invergare, Glenarn Road, Rhu
 Mrs. Jill Wadge - 5 Torwoodhill, Torwoodhill Road, Rhu, Helensburgh,
Argyll and Bute G84 8LE
 Ms. Carolan Dobson – Auchenlea, Torwoodhill Road, Rhu, Helensburgh,
Argyll and Bute G84 8LF
 Frazer King – Hazelwood, Torwoodhill Road, Rhu, Helensburgh, Argyll
and Bute G84 8LF
 Nick Barton – Dunrowan, Armadale Road, Rhu, Helensburgh, Argyll and
Bute G84 8LG
 Mrs. Celia Taylor - Rowan House, Armadale Road, Rhu, Helensburgh,
Argyll and Bute G84 8LG
 Jane Nicholson - Torwood Cottage, Armadale Road, Rhu
 Albert Barclay - Carbeth House, Torwoodhill Road, Rhu
 Michael Thornley - Glenarn House, Glenarn Road, Rhu, Helensburgh
 Sue Thornley - Glenarn House, Glenarn Road, Rhu, Helensburgh
 Mrs. Norma Bennie – Oakdene, Armadale Road, Rhu, Helensburgh,
Argyll and Bute G84 8LG 
Representation:
 Tim Esson - Melsetter ,Torwoodhill Road, Rhu, Helensburgh, Argyll and
Bute G84 8LF

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(ii) Summary of issues raised: 
 Drainage Infrastructure/Surface Water Flood Risk:
Sewage system does not have capacity to serve an additional house.
Anecdotal evidence of recent sewer blockages on Torwoodhill Road is
submitted in support the above. 
Anecdotal evidence is submitted with regard to regular flooding on the
local road network and adjacent residential properties. It is submitted that
this has significantly worsened after clearance of vegetation from the
application site. 
The application does not include details of a specific drainage plan. The
drawings indicate “Aco” type drains at the bottom of the driveway with no
information on where these discharge to. 
Proposal is likely to exacerbate surface water flooding on public adopted
road and nearby properties on lower ground to the south, and the integrity
of the existing retaining wall may be threatened. 
Planning permission should not be approved until a full drainage impact
survey has been carried out, and an effective and comprehensive surface
water drainage system agreed. 
(It is understood (by an objector) that soakaways are proposed however
this is unlikely to be achievable due to underlying ground conditions). 
Comment: - It is noted that planning permission has previously been
approved for the erection of a house on this site in December 2017
subject to a planning condition that the development incorporate a
Sustainable Urban Drainage System (SuDS). The current application
submission has been revised to show further detail with regard to the
proposed surface water drainage design. Officers accept that further
details are required to demonstrate to the satisfaction of the local
planning authority that adequate surface water drainage can be provided
to serve the propose development particularly with regard to the
suitability of a soakaway; however Officers are satisfied that the current
information available provide sufficient assurance that the site is capable
of development, and that the exact technical design, based on a
geological survey, if required, can be satisfactorily dealt with by means
of a suspensive planning condition. The Council’s Flood Risk Consultant
will be consulted as part of that process. 
 Access and Road Safety:
The proposal will result in further intensification of traffic using a sub-
standard access (Torwoodhill Road) and will increase safety hazards to
drivers and pedestrians. 
Size of the site results in “less than adequate” arrangements for access
and egress. 
Comment: - Noted. The consultation response from Area Roads will be
given significant material weight as part of this assessment. Area Roads
consider that Torwoodhill Road is unsuitable, in its current layout, to
service a further intensification of use generated by the proposed

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
development. Area Roads recommend deferral of the application
pending submission of details of commensurate improvements to
Torwoodhill Road, to comprise 2 no. intervisiible passing spaces to the
west of it’s junction with Upper Torwoodhill Road. Following further
clarification of the requirement for commensurate off-site access
improvement works, this requirement has been confirmed to the
applicant with request that the applicant confirm that he has
ownership/control over sufficient land (if required outside of the public
road corridor) to provide the passing spaces and whether he is willing to
provide the required improvement works.
A response is awaited.   
 Historic Environment
Objection to “yet another property being built in the garden of a
conservation village.” 
The layout/siting; development density and design style of the house
does not reflect the character (inc. historic grain) of the conservation
area. 
Comment: - These issues are assessed in full within Section (P) below. 
 Residential/Visual Amenity
Screening onto Torwoodhill Road needs to be carefully considered to
maintain privacy of residents in existing houses (and preserve the
ambience of the local area.) 
Replacement tree planting should be addressed to reflect the character
of the area. 
Comment: - Having regard to Policy LDP 9 and SG LDP – Sustainable
Guidance and Design principles - it is considered that the proposed
development, by reason of its siting and orientation relative to nearby
residential properties; and the visual screening provided by existing and
proposed natural planting along the site boundaries, will not have a
materially adverse impact upon residential amenities of the occupiers of
nearby properties by reason of loss of privacy through overlooking
between windows to habitable rooms. 
 Miscellaneous
Construction related activity/parking etc. may cause temporary
blockages to Torwoodhill Road to the detriment of the amenities of
existing residents, including potential obstruction of emergency vehicles. 
Comment: - Whilst the concerns of local residents are noted, this is not a
material consideration that can form part of this assessment. Any
obstruction of the public road system by contractors would be a matter
for parking enforcement or police Scotland. 
The application should not be determined until an up-to-date Tree Report
has been submitted.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Comment: - Officers consider that the Tree Report dated October 2016
is adequate to allow a full and professional assessment of the proposed
development impact upon trees within the application site. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No  
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No  
(iii) A Design or Design/Access statement 
Planning Design  Statement
 This application is for minor changes to a
proposal for a single dwellinghouse
previously approved under ref: 16/03045/PP
(since expired.)
 Site description, context and history is set
out.
 The design incorporates traditional features
evident in neighbouring properties,
particularly Torwood House and high quality
materials are proposed to ensure that the
building will respect and enhance the area
and preserve the listed building and its
setting in accordance with relevant planning
policy.
 An existing access onto Torwoodhill Road
will be widened and otherwise improved.
 Parking and turning for 3 cars will be
provided within the site.
 Drainage channels to be installed across the
access junction and the driveway to mitigate
any water run-off from the development.
 The site will be served by a connection to
mains water and sewage systems.
 Landscape design proposes retention of
mature trees where recommended by an
accompanying Tree Survey Report, and
additional planting where trees are to be
removed. The North West of the site is to be
retained to maintain existing screening
between the site and the neighbouring
property, Carbeth.
 The proposal is sustainable development
with reference to siting/orientation and there
is an aim to meet high technical standards
e.g energy efficient build; energy efficient
☒Yes ☐No

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
heating; enhanced natural lighting; home
office space; etc.  
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc: 
Tree Report
 Sets out the legal position with regard to
trees and wildlife, specifically in relation to
bats and birds.
 Details of the tree survey and analysis
methodology and tree categorisation.
 None of the 34 trees surveyed are classed
as Category A trees. 14 no. trees are
Category B and 16 are Category C. Five
trees are Category U (either already dead or
in such poor condition that they should be
removed regardless of development.)
 Recommended management includes
removal of overgrown laurel and
rhododendron which has suppressed the
surrounding trees; and remedial tree work
operations including felling of 27 no. trees. 8
no. trees are proposed “to accommodate the
development”.
 Recommends Tree Protection Measures
during construction n in accordance with BS
standards – Trees and Construction. 
☒Yes ☐No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No    
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 16 – Quality Homes
NPF4 Policy 22 – Flood Risk and Water Management 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our
Environment 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
SG LDP ENV 6 – Impact on Trees / Woodland 
Historic Environment and Archaeology 
SG LDP ENV 16(a) – Impact on Listed Buildings
SG LDP ENV 17 – Development in Conservation Areas and Special Built
Environment Areas (SBEAs) 
General Housing Development 
SG LDP HOU 1 – General Housing Development Including Affordable Housing
Provision 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New
Development 
Transport (Including Core Paths)

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 5 – Off-site Highway Improvements
SG LDP TRAN 6 – Vehicle Parking Provision 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. (delete as appropriate) 
 Historic Environment Scotland - HEPS
 Historic Environment Scotland – Managing Change in The Historic
Environment  
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The reporters have
written to Argyll and Bute Council regarding the Proposed Local Development Plan 2, which
is currently at Examination. Due to the status of the revised draft National Planning
Framework 4 the reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material consideration it is now
subject to this further assessment against NPF4 policies. Therefore, it considered
appropriate not to attach significant weight to PLDP2 policies during this time, i.e. until the
consequences of NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not received
objections and are not being dealt with at the Examination may continue as strong
material considerations, e.g. allocations and potential development areas. 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No    
(P)(i) Key Constraints/Designations Affected by the Development:
 Setting of a Listed Building
 Conservation Area
 Existing trees 
(P)(ii) Soils
Agricultural Land Classification:  Built Up Area

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3 
☒N/A 
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No ☐N/A 
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No ☒N/A 
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☒Yes
☐No 
Does the proposal include any replacement or
compensatory planting?
☒Yes
☐No details to be secured by condition
☐N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application
(tick all relevant boxes)
☒Brownfield
☐Brownfield Reclaimed by Nature
☐Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 (tick all relevant boxes)
☐Main Town Settlement Area
☐Key Rural Settlement Area
☒Village/Minor Settlement Area
☐Rural Opportunity Area
☐Countryside Zone
☐Very Sensitive Countryside Zone
☐Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs etc: N/A 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
The proposed development comprises the sub-division of a residential curtilage, and
the erection of a new detached 4-bedroom house with new access; land engineering
works; and installation of a private surface water drainage system. 
The site is located within the Village/Minor Settlement Zone of Rhu as identified in
the Argyll and Bute Local Development Plan 2015 (LDP) wherein Policy LDP DM 1
gives encouragement to sustainable forms of small scale development on
appropriate sites. 
The proposal lies within the Rhu Village Conservation Area and both the ‘donor
property’ “Torwood house”, and the residential property adjacent to the north,
“Carbeth House” are both Category “C” listed buildings. As such, the impact of the
proposed development on the historic environment will be a determining factor. In

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
addition, the proposed development has been assessed more generally with regard
to siting, scale, massing form, and detailed design in relation to the aim of respecting
and reflecting the visual character of the existing built development patter; and
protecting local residential amenity in terms of loss of privacy by reason of direct
over-looking of nearby houses. 
The site is not located within or in proximity to any nature conservation designation
and existing trees are not specifically protected by a Tree Preservation Order, nor do
they lie within NatureScot Ancient Woodland Inventory. However, any impact upon
the natural environment in relation to biodiversity and impact on trees/woodland falls
to be assessed in connection with the proposal. 
The proposal has also been assessed with regard to the satisfactory provision of
services infrastructure provision. 
A fully detailed assessment with reference to the above determining factors, and all
other material considerations, including planning history and material planning issues
raised by third party representations are set out in the Appendix A to this report. 
Having regard to all material considerations it is considered that the proposal cannot
be supported on the basis of the information currently available. It is considered that
existing public approach road, “Torwoodhill Road”, is unsuitable to accommodate the
intensification of traffic that will be generated by this additional house without
detriment to road safety and the free flow of traffic. The applicant has been unable to
demonstrate to the satisfaction of the planning authority that commensurate
improvements can be implemented as part of the development in order to address
current road access constraints. It is therefore recommended that the application be
refused on road safety grounds. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
N/A 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Not applicable. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No (If yes provide detail below)   
Author of Report: Norman Shewan Date: 02.06.2023 
Reviewing Officer: Sandra Davies Date: 13.06.2023

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Fergus Murray
Head of Development & Economic Growth

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 22/02523/PP 
1. It is considered that the proposed public road access regime is unsuitable, in
terms of width and alignment, to accommodate the resultant intensification of
traffic movements generated by the proposed development and would result in
an increase in road traffic hazards to the detriment of highway safety and the
free flow of traffic contrary to the provisions of Policy LDP 11; SG TRAN 4 and
NPF 13. On the basis of the submitted information, the applicant is unable to
demonstrate that the design issues relating to this substandard access
approach road can be addressed by commensurate improvements to the
satisfaction by the Council as Roads Authority to a level that can serve the
additional vehicular and pedestrian movements that will result from the
proposed development.

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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  22/02523/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Settlement Strategy 
1.1. The site is located within the Village/Minor Settlement Zone of Rhu as identified in the
Argyll and Bute Local Development Plan 2015 (LDP) wherein Policy LDP DM 1 gives
encouragement to sustainable forms of small scale development on appropriate sites. 
1.2. The proposed residential development is considered to be “small-scale” with reference to
SG LDP HOU 1 – “General Housing Development Including Affordable Housing.” Policy
LDP 8 and SG LDP HOU 1 serve to operate a presumption in favour of housing
development in accordance with the nature and scale of development set out in Policy
LDP DM 1, and advises that such development “will be supported unless there is an
unacceptable environmental, servicing or access impact.” 
1.3. NPF 4 Policy 1 requires that significant weight be given the global climate and nature
crises when considering new development.  Policy 2 seeks to encourage, promote and
facilitate development that minimises emissions and adapts to impacts on climate change.
NPF 4 Policy 5 aims to protect locally, regionally, national and internationally valued soils. 
1.4. The development is located within an identified settlement with access to community
facilities and public transport networks, consistent with the LDP Settlement Strategy, and
as such complies with the Sustainability criteria established by Policy LDP STRAT 1, and
is compatible with the provisions of NPF 4 Policy 1 in terms of addressing the Climate
Crisis in principle. The site is located within an established residential area and will not
impact upon soil that has material value. It is recommended that any planning permission
will be subject to a model planning condition 
1.5. On the above basis, it is considered that there is a general presumption in favour of the
principle of this proposed development in terms of its location, nature and scale when
assessed against the policy provisions relating to the LDP Settlement Strategy and
relevant NPF 4 Policy. 
2. Location, Nature and Design of Proposed Development 
2.1. Torwood House is a large, detached Category B listed traditional villa set in a very large
curtilage characterised by mature trees, hedgerows and large shrubs that bound the site.
It is accessed off Torwoodhill Road. Torwood House is sited towards the upper north west
of the grounds and overlooks the Gareloch. 
2.2. The proposal is to subdivide this site to create a plot of some 1040m2 within the south
west corner of the grounds for a new dwellinghouse. The application site is bounded to
the east and north by the remaining curtilage of Torwood House and the west by an
adjoining dwellinghouse known as Carbeth House. This latter property is also a Category
B listed building. There is an established natural belt of trees and large shrubs along the
western site boundary separating it from the grounds of Carbeth House. Lastly, the site is
bounded to the south by a public adopted road known as Torwoodhill Road. The level of

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
the site slopes downwards towards the road and the boundary is demarcated by a stone
retaining wall. 
2.3. Evidence suggests that there was an original pedestrian gated access to the grounds of
Torwood House within the site frontage of the current application site. This gate has been
removed; perimeter trees removed; the small opening in the stone boundary wall
significantly enlarged; and ground engineering works carried out to form an access track
from the level of Torwoodhill Road up the central part of the application site. The
application site has been fenced off from the rest of the curtilage to Toward House and
the central area cleared of vegetation. 
2.4. The site slopes reasonably steeply upwards from south to north.  The houses to the south
of Torwoodhill Road sit much lower than the proposed plot.   
2.5. The proposed house is to be sited towards the north west corner of the site. A level
‘plateau’ for the siting of the house, and a driveway at the southern edge of the site will
be formed by ground engineering works. The level of the proposed house will sit
significantly above the level of Torwoodhill Road. It will be set back some 17.3 metres
from the southern boundary with the public road and set in approximately 2.16 metres
from the western boundary (with Carbeth House). The proposed dwellinghouse will have
4 bedrooms with a floor area of approximately 130 square metres and a maximum ridge
height of 8.5 metres.  It will be traditional in design to reflect the architectural character of
Torwood House. Two projecting gable forms at either end of the principal (south) elevation
serve to visually ‘break up’ the massing of the new building; and in conjunction with
traditional chimneys and finial, this will provide an attractive, well-considered form and
‘animated’ roofscape. External wall finishes are to be off-white coloured render with stone
detailing, a natural slate roof and timber framed windows. 
2.6. The site previously had a wooded character however a number of trees and shrubs have
been removed as recommended in a Tree Survey Report submitted as part of this
application. The removed trees and clearance relates mostly to the southern site
boundary with the road and the central area of the site. Trees and large shrubs remain
along the north, east and west boundaries to maintain the privacy of neighbouring
properties.  New trees will be planted to the front of the site to further protect privacy and
to help the development to integrate into its surroundings. 
2.7. NPF4 Policy 14 requires that development proposals be designed to improve the quality
of an area; and, offers support to development that achieve the six qualities of Health;
Pleasant; Connected; Distinctive; Sustainable; and, Adaptable. Development that is
poorly designed, detrimental to the amenities of surrounding areas or inconsistent with
the aforementioned six qualities will not be supported. 
2.8. NPF Policy 14 is closely aligned with the provisions of Policy LDP 9 and SG LDP
Sustainable Siting and Design Principles which requires that new development be
assessed against identified sustainability criteria and identified design criteria relating to
the Design of New Housing in Settlements. The Supplementary Guidance also
establishes design criteria that seeks to protect the residential amenities and daylight
enjoyed by the occupiers of neighbouring properties. 
2.9. Having regard to the built development pattern and densities of the local area, it is noted
that there is a range of scale and design of houses, and whilst the overall pattern of built
development is very spacious, there is a range of site densities; and that the ratio of built
development to open curtilage in the case of this proposal is similar to some other existing
development. The scale of the house is comparatively small and it is considered that the
siting, form, massing and material finishes will respect and reflect the existing character

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of built development and compliment the visual character of the area in accordance with
the relevant provisions of NPF4; LDP 9 and SG on Sustainable Siting and Design
Principles. 
2.10. The proposed house will be screened from Carbeth and Torwood House by existing
natural boundary features and this screening, in conjunction with the relative orientation
of windows and separation distances will mean that there will be no material loss of
residential amenities to the occupiers of these properties by reason of overlooking. The
properties to the south of the site, “Dunrowan” and “Hazelwood” are set at a significantly
lower level than the proposed development due to the prevailing slope.  However, the
windows on the south elevation of the proposed house is in excess of the minimum 18
metres guideline (SG – Sustainable) from windows on the rear elevations of these
properties. Additionally the windows in the proposed house do not directly face the rear
windows at Hazelwood. There is an existing natural boundary along the rear of
“Dunrowan” and supplementary planting proposed along the southern edge of the
application site will mitigate any issue of loss of privacy to an acceptable level. On this
basis, Officers area satisfied that the proposed development will not have a material
impact upon the residential amenities of nearby properties in accordance with the
provisions of NPF4 Policy 14 and Policy LDP 9/SG – Sustainable Siting and Design
Principles. 
3. Natural Environment 
3.1. NPF4 Policy 3 generally seeks to protect biodiversity, reverse biodiversity loss and to
deliver positive benefits from development that strengthens nature networks. Policy 3(c)
requires that proposals for local development will include appropriate biodiversity
measures proportionate to the scale and nature of the proposal. Policy 3(d) requires any
potential adverse impacts on biodiversity/nature networks/natural environment to be
minimised by planning and design. NPF 4 Policy 3 is generally aligned with LDP Policy,
although NPF 4 Policy 3(c) goes beyond the LDP requirements in relation to current
biodiversity interests of the site. 
3.2. NPF 4 Policy 4 generally confirms that development that will have an unacceptable impact
on the natural environment will not be supported. Outside of European, national and local
designations, development is expected to meet the relevant statutory tests in terms of
protected species legislation; and potential impacts must be fully considered prior to
determination of planning applications. NPF 4 Policy 4 (insofar as it relates to the location,
nature and scale of the current proposal) largely aligns with the provisions of LDP policy. 
3.3. Policy LDP 3 (the Argyll and Bute Local Development Plan – 2015) generally serves to
support the protection, conservation and enhancement of the environment.  SG LDP ENV
1 ensures that other legislation relating to biodiversity habitats are fully considered in
relation to development proposals; and generally that development does not have an
adverse impact on habitat or species, particularly in relation to habitat or species
designated as being of European, national or local significance. 
3.4. The site is not located within or in proximity to any nature conservation designation. 
3.5. The site was previously a small ‘pocket’ of woodland and ground cover vegetation within
the corner of the extensive grounds to Torwood House, however this wooded area is not
overlain by a Tree Preservation Order, nor does it form part of any woodland within the
NatureScot Ancient Woodland Inventory.

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3.6. The Council’s Local Biodiversity Officer has been consulted on the basis of potential
impact upon wildlife habitat with particular regard to the felling of trees and scrub
clearance (although a large part of this has been implemented.) 
3.7. The consultation response from the Council’s Local Biodiversity Officer has noted that the
submitted Tree Report has provided the applicant information on Bats, the law and
licencing, along with Birds and the law, although it does not provide advice on the timing
for opening up the site for foundation construction with reference to impact on birds. On
this basis, it is considered that adequate information has been submitted to allow an
assessment on impact on species and habitats in accordance with the provisions of NPF
4 Policy 3(c). 
3.8. However, it is recommended that any permission be subject to a planning condition
requiring a pre-start ecological survey to be carried out in advance of excavation works,
if it is proposed to commence during the bird nesting season. 
3.9. It is also advised that submission, assessment and approval of a Landscape Design
Planting Plan be required by planning condition. (With regard to the latter, additional
information relating to new planting has been submitted on the revised Site Plan –
Proposed drawing showing the SUDS design, and the Council’s Local Biodiversity Officer
has not had the opportunity to assess this.) It is recommended that planning permission
be subject to a condition requiring the submission of further information, should the
Council not be satisfied with the level of information already submitted. 
3.10. Good practice measures e.g. pipe end capping and escape ramps from
foundation/services trenches should be implemented during construction to avoid
trapping animals. It is recommended that any permission be accompanied by an advisory
in relation to the above. 
4. Built / Historic Environment 
4.1. The application site forms part of the original grounds of a Category B listed building,
“Torwood House.” Additionally, the western site boundary is shared with an adjoining
Category B listed building, “Carbeth House.” 
4.2. The site is located within the Rhu Conservation Area. 
4.3. NPF4 Policy 7 generally seeks to protect and enhance the historic environment, assets
and places, and to enable positive change as a catalyst for the regeneration of places.
Policy 7(a) requires that development proposals with a potentially significant impact on
historic assets or places be accompanied by an assessment based on an understanding
of the cultural significance of the asset and/or place. Development will only be supported
where the character and appearance of the conservation area is preserved or enhanced;
and where the existing natural and built features which contribute to the character of the
conservation area (including boundary walls, trees and hedges) are retained. 
4.4. The provisions of NPF 4 Policy 7 (as it applies to the current proposal) are LDP 3 and SG
LDP ENV 16(a) and SG LDP ENV 17, however NPF 4 Policy 7(a) imposes an additional
requirement for a detailed assessment as summarised above. 
4.5. The Council’s Design and Conservation Officer makes reference to NPF 4 Policy 7(a) and
the requirement for an assessment of the historic assets and the likely impacts of the
proposed development and advises that such an assessment could demonstrate that the
sub-division of the curtilage to provide a house plot is appropriate; as well as
demonstrating the most appropriate siting, scale and detailed design for the proposal. The

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assessment could be used to address two initial concerns expressed by the Design and
Conservation Area: 
1) How the proposal addresses the urban grain in the area; and, 
2) The architectural style (which has been designed to reflect the architectural
character of Torwood House.) 
4.6. Whilst the ‘new’ requirements for an assessment under the provisions of NPF 4 Policy
7(a) are acknowledged, it is also considered that significant material weight should be
given to planning history, specifically planning permission reference 16/03045/PP for an
identical house design (but handed), in a similar siting to the current proposal, that has
been approved in late 2017. The Case Officer’s Report of Handling clearly set out the
policy context relating to the siting within the Rhu Conservation Area and the
consequential requirement for both a high quality design and for it to be of a scale that
respects the character and appearance of the (conservation) area and the surrounding
listed properties. During the processing of this (16/03045/PP) application, the originally
submitted scale and design style was assessed as being inappropriate to the historic
environment. In response, a revised design was submitted as a non-material amendment
that effectively reduced the scale of the building and adopted a more traditional
architectural style. The Report of Handling concluded that “the scale and design of the
proposed new house (as amended) is acceptable and in accordance with Development
Plan policies.” As such, a favourable assessment has been relatively recently carried out
with reference to Policy 3 and SG LDP 16(a) -  SG LDP ENV 17 – Development in
Conservation Areas. 
4.7. It is noted that the policy context has changed since that favourable assessment only in
that NPF 4 Policy 7(a) would now normally require a more substantial Assessment to
support the design process. Specifically, there are no changes to policy with regard to the
‘tests’ for assessing whether the proposal will have an acceptable impact on historic
assets. On the basis that a favourable assessment has previously been carried out by the
planning authority, and that the Policy ‘tests’ for assessment have not changed since then,
it is considered that the submission of an Assessment under the provisions of NPF 4
Policy 7(a) would unnecessarily delay determination whilst not adding any value to the
quality of the decision making process, notwithstanding the consultation response from
the Council’s Design and Conservation Officer. 
4.8. Whilst there may be a ‘technical’ conflict with NPF 4 Policy 7(a) in relation to the level of
supporting information submitted, having regard to the relative weight of material
considerations including the previous favourable assessment in late 2017, Officers are
satisfied that the proposed development, by reason of siting, scale, form and architectural
style is of a sufficiently high standard and will otherwise at least preserve the charctaer
and appearance of this part of the Rhu Conservation Area in accordance with NPF 4
Policy 7, Policy LDP 3, SG LDP 16(a), and relevant HES guidance on development impact
on historic assets. 
5. Impact on Woodland 
5.1. The site previously comprised a large corner of a garden characterised by unmanaged
woodland with dense undergrowth. 
5.2. None of the trees on the site are protected by a Tree Preservation Order; nor are they
within the NatureScot Ancient Woodland Inventory/Sem-natural ancient woodland.

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5.3. None of the 34 trees surveyed are classed as Category A trees. 14 no. trees are Category
B and 16 are Category C. Five trees are Category U (either already dead or in such poor
condition that they should be removed regardless of development. 
5.4. The Tree Report recommends management including removal of overgrown laurel and
rhododendron which has suppressed the surrounding trees; and remedial tree work
operations including felling of 27 no. trees. 8 no. trees are proposed “to accommodate the
development”. It is noted from a recent site inspection that a significant number of these
trees have already been felled, particularly towards the central and frontage areas of the
site. 
5.5. The submitted Tree Inspection Report also sets out the legal position with regard to trees
and wildlife, specifically in relation to bats and birds. The consultation response from the
Council’s Local Biodiversity Officer acknowledges this, but advises that the Report does
not provide advice on the timing for opening up the site for foundation construction with
reference to impact on birds. In order to address this issue, a planning condition is
recommended to require a pre-start ecological survey to be carried out in advance of
excavation works, if it is proposed to commence during the bird nesting season. 
5.6. In other respects, it is not considered that the individual trees to be removed are of high
biodiversity value and that removal of the trees proposed in the report will have an adverse
impact on the ecological condition of the area, based on the Tree Survey and Officers
inspection of the site. 
5.7. It is recommended that the Tree Protection Measures set out in the submission are
appropriate, and that any planning permission be subject to a condition requiring the
works to be carried out in accordance with these agreed protection measures during
construction n in accordance with BS standards – Trees and Construction. 
5.8. On the above basis it is considered that the proposal is in accordance with the provisions
of NPF4 Policy 6; Policy LDP 3; and SG LDP ENV 6. 
6. Road Network, Parking and Associated Transport Matters. 
6.1. Access to the site is directly from a cul-de-sac forming the upper end of Torwoodhill Road
at a point some 125 metres from the junction with Upper Torwoodhill Road. 
6.2. This cul-de-sac currently serves 5 houses. In addition, planning permission reference
20/01190/PP has been approved for a new detached 4-bedroom house within the
grounds of Torwood House (on a site adjacent to the west of the main access to Torwood
house) to the east of the current application site. This latter development has been
implemented and appears to be nearing completion. When occupied, this section of
Torwoodhill Road will therefore serve 6 no. existing dwellinghouses. 
6.3. From the access junction a private driveway will bend to the east and run up a steep bank
to the central part of the application site to a parking and turning area laid out in front of
the proposed house. Three car parking spaces are identified on the application drawings
on the paved parking/turning area and the top of the driveway. 
6.4. NPF4 Policy 13 generally aims to encourage, promote and facilitate developments that
prioritise alternative means of transport to car journeys and reduce the need to travel
unsustainably. The requirement to submit a Transport Assessment is introduced for some
developments however this relates to larger scale developments than the current
proposal for a single house.

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6.5. The elements of NPF 4 Policy 13 that are relative to the scale and nature of this
development are largely aligned with the provisions of Policy LDP 11 and associated SG
LDP TRAN 1 – 6. 
6.6. SG LDP TRAN 4 advises that acceptance of development using existing public and
private access regimes is subject to road safety and street design issues being
addressed. 
6.7. Where development proposals will significantly increase vehicular or pedestrian traffic on
substandard public approach roads, then SG LDP TRAN 5 requires that developments
contribute proportionally to improvements to an agreed section of the public network. 
6.8. The consultation response from Council Area Roads notes that Torwoodhill Road (past
its junction with Upper Torwoodhill Rd.) currently serves 6 no. properties and that it is
substandard to service an intensification of the existing level of use without an adverse
impact on road safety and the free-flow of traffic contrary to the provisions of Policy LDP
11 and SG LDP TRAN 4. 
6.9. Under the provisions of SG LDP TRAN 5, it is considered that improvement works to this
section of the public road network, commensurate to the scale and nature of the proposed
development, could improve the access road to a level where it can satisfactorily
accommodate the resultant intensification in traffic movements. It is advised that the
commensurate improvements should include the provision of 2 no. intervisible passing
spaces between the Upper Torwoodhill Road junction and the proposed new private
access to the application site. It is also noted that the formation of a ‘Service Bay’ access
arrangement at the junction of proposed private driveway and the public road could be
accepted as one of these two required passing spaces. 
6.10. The applicant has challenged the validity of this requirement on the basis that the
Council’s Area Roads did not consider that commensurate improvements to Torwoodhill
Road were required by the proposed development of 1 no. house as part of the
assessment of previous planning permission ref: 16/03045/PP. It is confirmed that this
planning permission was approved without any requirement for off-site improvements. 
6.11. Area Roads has responded that all previous relevant planning history has been taken
into account, including planning permission ref. 16/03045/PP, however any new
assessment of this proposal should give due consideration to up-dated guidance including
the National Roads Development Guidance (NRDG) and the Highway Code; and in doing
so, acknowledge the proposed intensification of use, the limited pedestrian step-off
available, the number of dwellings accessed from Torwoodhill Road and the available
carriageway width for bi-directional traffic. 
6.12. The agent has responded further that the applicant can create a large pull in area next
to the entrance to the right to allow vehicles to pull in including vans to allow passing for
vehicles. 
6.13.  On the basis of all of the information currently available, this fails to demonstrate that
the applicant can provide the off-site road improvements considered by the Area Roads
Engineer to be required in order to increase the capacity of the public approach road to
serve the proposed house. It is considered that the required improvements to comprise 2
no. intervisible passing spaces (one of which can be provided by means of a service bay
access) is commensurate with the scale and nature of the proposed development. 
6.14. On the basis that the applicant is unable to demonstrate that commensurate off-site
road improvements can be implemented under the provisions of Policy LDP 11 and SG

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LDP TRAN 5, it is recommended that this application be refused on the basis that the
public approach road is unsuitable to accommodate a further intensification of traffic
without an adverse impact upon road traffic safety and the free flow of traffic contrary to
the provisions of Policy LDP 11; SG LDP TRAN 4 and NPF 13. 
6.15. SG LDP TRAN 6 generally serves to require that new development makes on-site
provision for parking and turning of vehicles in accordance with the adopted “Access and
Parking Standards.” 
6.16. The site layout drawing shows 3 no. car parking spaces, however Officers have
concerns that a vehicle parked in the space indicated at the top of the driveway could
block any other cars from turning within the site to ensure that vehicles can enter and
egress the site in a forward gear. It is considered however that the site has adequate
space to allow for adequate turning and parking, and if this application had been assessed
as acceptable with regard to all other material considerations, then this issue may be
addressed by means of a suspensive planning condition requiring submission and
approval of further layout details. 
7. Infrastructure 
7.1. Water supply and foul drainage is proposed to be by means of a connection to the existing
Scottish Water network. Notwithstanding objections relating to the capacity of the sewer
system, the consultation response from Scottish Water does not indicate any over-riding
capacity constraints to the system that would warrant an objection to the proposal, but
advises that further investigation may be required upon submission of a Pre-Development
Enquiry (PDE) by the applicant. On this basis, officers are satisfied in principle that there
are no known constraints in respect of public water and sewage infrastructure. 
7.2. The application forms state that the site is not within an area of known risk of flooding;
and advises that the applicant does not think that the proposal will increase flood risk
elsewhere. The curtilage of Torwood House, including the application site, is not overlain
by any recorded areas at risk to coastal, fluvial or surface water flooding with reference
to the SEPA Flood Map. 
7.3. The consultation response from Scottish Water specifically advises that a surface water
connection into its combined drainage system will not be accepted. The proposal is for
rainwater run-off from the proposed house to be by means of a soakaway indicated to the
east of the house. Aco drains are shown at various locations across and adjacent to the
driveway to void surface water discharge onto the public road adjacent to the south of the
site. 
7.4. It is proposed to manage surface water drainage by the installation of soakaway crates
wrapped with a permeable membrane allowing the rainwater and surface water run-off to
be collected and slowly soak back into the ground through an infiltration process in line
with the natural rate to avoid excessive water run-off. The driveway surfaces will be
permeable to allow natural run off into the ground; and four no aco drains to deal with any
excess water. SuDS to be designed and installed in accordance to BRE Digest 365
Soakaway Design and BSEN - 752-4. 
7.5. A significant number of local residents have submitted anecdotal accounts that surface
water currently runs off of the site onto falling levels of land adjacent to the south, including
Torwoodhill Road and Lovers Lane as well as existing residential properties on the
southern side of Torwoodhill Road. Third party representations submit that surface water
run-off from the site has increased as a result of the clearance of vegetation over the site.

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It has also been submitted that the underlying ground conditions are not suitable for a
soakaway. 
7.6. Whilst the concerns raised by objectors are acknowledged, it is considered that the
revisions to the proposal gives sufficient information relating to the proposed surface
water drainage to demonstrate that this is not an over-riding constraint to development,
but a technical matter. It is further considered that these concerns can be properly
addressed by means of a suspensive planning condition requiring submission of full
details of the surface water drainage scheme design for assessment and written approval
prior to commencement of any development. This should include a geological site survey
and report demonstrating to the satisfaction of the planning authority that a
soakaway/ground filtration system is appropriate. The Council’s Flood Risk Assessor will
be consulted as part of this process. 
7.7. Subject to the above, it is considered that the proposal makes adequate provision for
services infrastructure in accordance with the provisions of NPF4 Policies 18, 20, 22, 23
and 24. LDP 10 and SG LDP SERV 1 – 7.