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2201248 TPA PPSL RoH Crinan Harbour Island (1)

Argyll and Bute Council · 9 December 2022
Back to Planning, Protective Services and Licensing Committee — 9 December 2022 and its agenda

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Argyll and Bute Council
Development & Economic Growth   
Committee 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: 22/01248/PP 
Planning Hierarchy: Local Development 
Applicant: Mr Richard Stein 
Proposal: Erection of detached garden room ancillary to dwellinghouse 
Site Address:  Eilean Da Mheinn Harbour Island Crinan Lochgilphead Argyll And
Bute PA31 8SW    
DECISION ROUTE 
Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Erection of detached garden room ancillary to dwellinghouse 
(ii) Other specified operations
 None 
(B) RECOMMENDATION: 
It is recommended that: 
i) Members consider the requirement for a pre-determination hearing; and 
ii) That Planning Permission be granted for the proposal subject to conditions
and reasons appended below. 
(C) CONSULTATIONS:   
Environmental Health 
No objection – 29/08/2022 
(D) HISTORY:

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17/01819/PP – Erection of two storey rear extension, replacement conservatory,
alterations to dwellinghouse and installation of air source heat pump. Granted –
03.10.2017
21/02308/PP – Erection of detached garden room ancillary to dwellinghouse.
Withdrawn – 01.06.2022. 
(E) PUBLICITY:   
Neighbour notification (expiry date: 15.09.2022) 
(F) REPRESENTATIONS:   
(i) Representations received from: 
A total of 111 representations were received for the application – 57 of which were
in objection, 53 in support and a neutral comment. Details of the contributors and
contents of representations are summarised below. 
Neutral comment received from: 
 Fiona Higgins, Boathouse Crinan Lochgilphead Argyll and Bute PA31 8SW 
Support comment received from: 
All support comments were from received a representative. 
 David and Elly Bittleston, Druim Aird, Crinan
 Grace Bergius, Craignish House, Ardfern
 Anna and Edward Hughes, 184 Seaford Road, London
 Cristophe and Jilly Lefebre, 2 Rowanside Terrace, Ardrossan
 Brendan and Doris Gerrard, Girtrig Cottage, Crinan
 Bennie, Prels, David and Malcolm Bridgeland, Drummond House, Crinan
 Andy and Kerrien Grant, Innisfree, Achnamara
 Chris Perring, Ruadh Sgeir, Crinan
 Cristine Tallon and Adrian Cole, Y Fan, Caerphilly
 Sue Hillman, Kilmory Ross, Tayvallich
 Iain and Kim Ritchie, Crinan House, Crinan
 David Sillar, Tigh na Neul, Crinan
 Janet Foster, Ashfield Farm, Achnamara
 William and Karen Sillar, Island Macaskin, Kilmartin
 Mike, Nina and Daphne Murray, Kilmahumaig, Crinan
 Josef Elias, Kilmahumaig, Crinan
 Jane Jay, 42 Kingsborough Gardens, Glasgow
 Conny Graf, Barnakill Farm, Cairnbaan
 Maitland Black, Cruachan Cottage, Kilmartin
 Mike and Monica Stewart, The School House, Cairnbaan
 Catherine MacLennan, 5 Achnamara
 Derek McKinnon, 8 Crinan Cottages, Crinan
 Sally Wilkin, 5 Slockavullin
 Victoria Winters and John Martin Hall, Barr, Minard, Inveraray
 Olivia Fitzgerald and Will Murray, Kilmahumaig, Crinan

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 Max and Louise G Bittleston. 103 Landells Road, London
 Peter Smith and Louise C Bittleston,, 21a Sumatra Road, London
 David Wolfe and Amanda Illing, Wakelyns, Fressingfield
 Richard and Carol Sloan, Ardmore, Crinan
  Sarah Jane Pinkerton, Oliver Sumner and Andy Weston, 7 Crinan Cottages,
Crinan 
Objection comments received from: 
Of the 57 objections, majority were received from two representatives (MKO Ireland
and Crinan Harbour Community (CHC)) with 8 from individuals as detailed below. 
MKO Ltd Ireland representation 
 J MacFarlane, No. 2 Harbour House Crinan Harbour Lochgilphead PA31
8SW
 M MacIntyre, Fuaran Crinan Harbour Lochgilphead PA31 8SW
 A and S Murdoch, Harbour Cottage Crinan Harbour Lochgilphead PA31 8SW
 K Campbell, Shore Cottage Crinan Harbour Lochgilphead PA31 
 D Robertson, 92 Fauldshead Road Renfrew PA4 0RU (Also on CHC below)
 L Docherty, Flat 1 19 Myrtle Place Glasgow G42 8UJ (Also on CHC below
 J Lehmann, Mheall, Kilmichael Glassary, Lochgilphead, PA31 8QJ
 Alexandra Rutland, 43 The Avenue London NW6 7NR (Also on CHC below)
 Robin Pigott, Craignish Castle Craignis Argyl PA31 8QS (Also on CHC below)
 Jesse Mandy, Craignish Castle Craignis Argyl PA31 8QS (Also on CHC
below) 
Crinan Harbour Community (CHC) representation 
 Frances Ryan The Cottage Crinan Argyll PA31 8SR 
 Alasdair and Lauren Taylor, 2 Crinan Cottages, PA31 8SS
 Alexi and Savanna Murdoch, Harbour Cottage Crinan Harbour PA31 8SW
 Kristie Campbell, Shore Cottage Crinan Harbour PA31 
 Angus, Laura and Jamie Pigott, Dunvullaig, Craignish Argyll PA318QS
 Sarah Phizacklea, Duntaynish Tayvallich PA31 8PW
 Archie, Jock and Julia Spencer, The Dancing Fox, Lunga, Craobh Haven
PA31 8UU
 Marina Lewin, 50 Staveley Rd London  W4 3ES
 William and Bea Goudy, 1 The Anchorage, Ardfern, Argyll PA31 8QN
 Megan Barker, Moat House Skenfrith Abergavenny  NP7 8UH
 Rosamund and Boyd McNab, Crinan Harbour PA31 8SW
 Sophie Barker, 53 Burlington Close, London W9 3LY
 Philip Murdoch and Eleonora Pinzi, Via Barellai 54, 55049 Viareggio, LU
Italy
 Louise Boisot, Flat 13, 55-59 Grange Road, London, W5 5BU
 Linda Fitzsimmons, Garway Mill, HR2 8 RL
 Joseph Barker, 57 Ducket Rd, N13 6HY
 Katie Sinfield, 75 Tottenhall Rd, N13 6HY
 Richard Barker, Treferwydd Llagaffo, Ynys Mon, LL60 6LP
 Aidan Stephen, 45/2 East Claremont St, Edinburgh EH7 4HU
 Cat Berry, 128 E Trinity Road, Edinburgh, EH5 3PR

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 Simon Cook, 6 Orchard Close, Skenfrith, NP78UH
 Jay Griffiths, Bwthyn Afallen Mount Lane, Llanidloes, SY18SEY
 Clem Sandison, 2 Clayton Terrace, Glasgow, G31 2JA 
Individual representations 
 Hugh Kidd and Katherine Froggatt, 20 Hala Grive, Lancaster LA1 4PS 
 Alison Kidd, Corlan Pencelli Brecon Powys LD3 7LX
 Ryan Ross and Ann Rasheva, Westering Crinan Arygll PA 31 8SW
 David and Frances Sedgwick, Tigh-a-Chinil, Badabrie, Fort William PH33
7LX
 Andrew Hugh, Birlinn Ltd West Newington House 10 Newington Road
Edinburgh EH9 1QS 
(ii) Summary of issues raised: 
Summary of support comments: 
 We the undersigned write to express our support for this application as
proposal is for a small, single storey, single room building designed to
provide ancillary facilities for the house on Harbour Island.   
 [Comment: This point raised in support of the application is noted.] 
 As visitors of the island will note, the topography and the proposed
location away from the shore, within the long-established garden, will
mean that the building will be virtually invisible, day or night, from
anywhere off the island.  It will have no measurable environmental
impact. 
 [Comment: This point raised in support of the application is noted.] 
 To address objections to the original application, the applicants have
amended the proposal as follows:
o All dimensions of the building have been significantly reduced
o The floor area has been reduced from over 30 sqm to 24 sqm
o The spire and sleeping loft have been removed completely
o The ridge height has been reduced from 6.5m to 3.7m
o The kitchen/preparation area has been removed
o The skylights have been deleted to reduce the already
insignificant potential of light pollution 
 [Comment: This point raised in support of the application is noted.] 
 The only remaining ground of objection raised following the revised
proposal relates to the interpretation of the planning policy. However, we
support the expert view taken by officers that this ancillary building
accords with the policies and therefore support approval of the
application. 
 [Comment: This point raised in support of the application is noted.]

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 The applicants have done amazing work to restore the garden and the
island. They have worked to clear rubbish from the beaches and garden
which was overgrown and in a poor state for the plants that were trying
to live there. Having visited the island, the proposed site for the garden
room will be well suited – it is an established garden area on the same
site as an existing ruins footing where it cannot be seen. 
 [Comment: This point raised in support of the application is noted and
verified during site visit. It is however worth noting that the footing as
observed on site are not substantial to be given material weighting or
consider for a redevelopment] 
Summary of neutral comment: 
 Plan of South West beach shows a boat landing/slipway on the west side
of the beach which does not appear to exist. The slipway is not shown
on the OS map 
 [Comment: This point is noted. However, during site visit, there were
signs of the boat landing/slipway’s previous existence.] 
Summary of objection comments: 
 Reference made relative to the application’s description as a ‘garden
room’ being misleading as it appears to be a whole building with cooking
and toilet facilities. 
 [Comment: This point is noted and addressed in the main body of the
report below. It is worth noting the revised proposal omitted the open plan
kitchen area but does require the toilet/shower facility for Island workers
to purposefully utilise the building.] 
 Concerns raised regarding the proposal being located outside the
existing curtilage as such significantly extending the curtilage of the main
dwellinghouse. 
 [Comment: This point is noted and address in the main body of the report
below.] 
 Concern raised regarding the proposed building not within the specific
categories of development encouraged for the Very Sensitive
Countryside zone as per Policy LDP DM 1. This policy is viewed as a
reassurance to protect the continual scarcity of invaluable and fragile
areas of natural, ancient and unspoilt environment in the country. 
 [Comment: This point is noted and addressed in the main body of the
report.] 
 Reference was made to the Supplementary Guidance which states that
the Council will resist any development in or affecting National Scenic
Areas… unless it is adequately demonstrated that any significant
adverse effects on the landscape quality for which the area has been

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designated are clearly outweighed by social, environmental or economic
benefits of national importance – which we read to reflect that this
application should be resisted. 
 [Comment: This point is noted and has been addressed in the main body
of the report below.] 
 Concerns raised regarding potential light pollution from the development
which would obstruct the dark skies and island’s natural beauty –
contributor therefore appeals for a hearing to resolve this. 
 [Comment: Due to the further reduced scale of the development and its
concealed location, it is considered that light from the development at
night will not be visible from any of the neighbouring properties on the
harbour road overlooking the Loch. Matters regarding hearing is
addressed in the main body of the report below.] 
 Comment refers to the proposal not maximising the community benefits,
not respecting the setting and character of the settlement, does not offer
a wider range of housing choice and not offering sustainable economic
growth. 
 [Comment: In response to this comment, the proposal is not intended for
a business or residential accommodation which would warrant such
assessments.] 
 The island is central to the area of outstanding scenic beauty and
importance with the proposal representing a very substantial damage to
the area. 
 [Comment: This point is noted and the detailed report below addresses
the development’s impact on the designated NSA.] 
 The proposal is incompatible with the overarching designations of the site
and if granted would set precedence across the area. 
 [Comment: This has been addressed in the main body of the report
below.] 
 Contrary to the applicant’s claim in the design report, the previous owners
of the island are said to have frequently use the Boat House Bay (which
is feasible) to the South Western shore for arriving/departing the island. 
 [Comment: This is noted.] 
 Concerns raised regarding the intended delivery of materials being
inaccurately described as no path currently exists on the new boat
landing/slipway as shown on the site plan (ref: AR/281/A/03). 
 [Comment: This point is noted. However, it can be confirmed, following a
visit to the application site, that a path exists at the referenced the
boathouse and through the garden ground to the main house as indicated
on the site plan. There were also signs of the boat landing/slipway having
been used previously.]

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 The proposed plans does not indicate which paths are intended to be
upgraded temporarily to allow the construction and reinstated afterwards. 
 [Comment: This point is noted and clarity has been sought from the agent
which confirms the temporary improvement works will be to the existing
path which runs between the Boathouse and the application site.] 
 Comment raised seeking clarity as to whether the proposed stove with
flue is intended for wood burning or cooking. 
 [Comment: This point is noted and clarity has been sought from the agent
which confirms the stove would be for wood burning purposes only.] 
 Further comment pertained to the stone-structure on site. It is noted that
this element should not be given weighting as no historic records have
been found to indicate there was a building at the location between 1865
to 1971 – though no further maps of a scale large enough to show te
structure were published between 1899 and 1971. 
 [Comment: This comment is noted. As per the report, no material
weighting is given to this feature in that the ruins are not deemed
substantial to allow for a redevelopment of the site.] 
 Reference was made in relation to misinterpretation of Policy LDP DM 1
as per the Committee report for the previous application (21/02308/PP)
which stated the policy is not intended to restrict acceptable extension of
existing residential dwellings and their gardens within the very sensitive
Countryside designation. 
 [Comment: In view of this, officers remain of the view that though this
policy seeks to protect the Very Sensitive Countryside zone against new
developments, it has been interpreted correctly and the development
assessed against it accurately and without compromise.] 
 An appeal has been put forward for a hearing to be upheld prior to
determination of the application to allow the contributors a chance to be
heard. 
 [Comment: This is noted and addressed in the main body of the report
below.] 
 A suggestion was made for the applicant to use the proper channel in
bringing forth the proposal… by applying to the council for re-zoning the
site in question from the Very Sensitive Countryside designation to a
settlement zone to allow the proposed development to go ahead. 
 [Comment: This comment is noted. However, it is noted that the
designation is not proposed to change in the proposed LDP2.] 
 The fully serviced building’s proposed site is significantly further away
from the main dwelling house than is shown in the submitted drawing,
thus, inaccurate and misleading therefore misleading to be classed as
ancillary.

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 [Comment: With regards to scale and location, it can be confirmed
following a site visit that the proposed plans correspond with what is on
site. The issue of proximity/curtilage and for which the arear is accepted
for the development is addressed in the main body of the report below.] 
Note:  Full details of all representations can be view on the Council’s website at www.argyll-
bute.gov.uk 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Statement: No  
(ii) An appropriate assessment under the
Conservation (Natural Habitats) Regulations
1994:   
No  
(iii) A design or design/access statement:    Yes  
 Although recommended for approval by the planners, the original
application (21/02308/PP) was withdrawn and replaced by this
revised application in an attempt to address the substantial
objections and reintroduce harmonious community relations in
Crinan. 
 The revised application addresses many of the concerns raised by
objectors as follows:
o All dimensions of the building have been reduced
o Area of building reduced from 30+ sqm to 24 sqm
o The spire removed completely
o The ridge height reduced from 6.5m to 3.7m
o The sleeping loft deleted
o The kitchen/preparation area deleted
o The skylights deleted 
  The draft drawings for the revised proposal were circulated
electronically to over one hundred local residents and other
interested parties inviting comments and a site visit offered to
anyone interested before the application re-submitted. However,
only two responses were received, and one person visited the site
at the time of submission on 14 June 2022. 
 The indicated curtilage is by reference to the geological feature
made up of the saddle containing the species garden glen located
between two clear rock ridges.   
 The purpose of the application building is to provide for guests and
visitors to the island who may be working in the garden as a
toilet/washing facility. The Applicants will also use the building as a
quiet room, particularly for writing and as a creative space.

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 The unique location of the garden room and very special nature of
this hidden glen within the Island requires an equally unique and
special design solution. The design here has evolved as a solution
which compliments the nature of a very special area of land, using
the existing foundation footprint. 
 High quality locally sourced materials are to be used for the
structure and external aesthetic. This material will have an
immediate dialogue within the wooded garden specifically in terms
of texture and colour. 
 No trees will be affected in the construction of the garden room due
to use of the existing foundation, which has itself been used of late
for storage of gardening equipment and general detritus. 
 The proposal intends use the existing pontoon access to the island.
It will not alter existing access from the pontoon, the boathouse nor
does it seek to create any new access. 
 The proposal cannot be seen from Crinan Harbour to the south or
from the house on the Island to the west. Any view toward the north
east is substantially obscured by land contours (rocky ridge of
some 25 metres in height) and existing trees (Scots Pines and
other large conifers which provides further 20m high screen to the
mainland) and shrub cover. The Applicants have already planted a
substantial number of indigenous trees on the ridges bordering the
glen with further planting intended. 
 The keenest walker, along the Ardnoe peninsula path opposite the
boathouse to the south may, during winter when the trees have no
leaves, catch a glimpse of the garden room.  But strategic planting
and the nature of the materials and colours to be used in the
construction will minimise this. 
 The Applicant has ensured that the natural habitat will not be
disturbed by virtue of its citing and the use of sustainable, locally
sourced natural materials, and the design will contribute to, and
indeed enhance the interest of an already special environment. 
 The Site falls within the National Scenic Area and Very Sensitive
Countryside Zone Designations. However, will have no impact on
the NSA nor detract from the character of the Island. It will instead
enhance the character of the island, habitat through form and
function as well as experience of visitors to the island and garden. 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   No

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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  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. 
‘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 4 – Supporting the Sustainable Development of our Coastal Zone 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016) 
Natural Environment 
SG LDP ENV 6 – Impact on Trees / Woodland 
Landscape and Design 
SG LDP ENV 12 – Impact on National Scenic Areas (NSAs) 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 6 – Private Water Supplies and Water Conservation 
(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. 
 Scottish Planning Policy 
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The
unchallenged policies and proposals within pLDP2 may be afforded significant material
weighting in the determination of planning applications at this time as the settled and

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unopposed view of the Council. Elements of the pLDP2 which have been identified as
being subject to unresolved objections still require to be subject of Examination by a
Scottish Government appointed Reporter and cannot be afforded significant material
weighting at this time. The provisions of pLDP2 that may be afforded significant weighting
in the determination of this application are listed below: 
 Policy 58 – Private Water Supplies and Water Conservation 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  No    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  No 
(M) Has a sustainability check list been submitted:  No 
(N) Does the Council have an interest in the site:  No 
(O) Requirement for a hearing: No. 
A total of 111 representations were received for the application – 57 of which were
in objection, 53 in support and a neutral comment. It is worth noting that at the April
PPSL meeting Members determined, contrary to officer’s recommendation, that the
previous application (21/02308/PP) should be subject to a site visit and discretionary
pre-determination hearing in light of the significant volume of public representation
both in support and opposition to the development. Application ref. 21/02308/PP was
however withdrawn prior to a hearing being convened. 
Whilst officers acknowledge that the proposal has stimulated a significant body of
public interest from near and far and the previous consideration of PPSL in respect
of the earlier withdrawn application, officers respectfully remain of the opinion that a
pre-determination hearing will not add significant value to the planning process in
this instance as the proposal relates to a modest householder development that has
not been identified as likely to give rise to any significant adverse effects upon the
receiving environment or the amenity of the locale. The land-use planning related
issues raised by the proposal are not considered to be unduly complex and are
addressed in detail within the report of handling. 
On this basis, and having regard to the approved guidelines for hearings, it is
considered that a hearing would not add value to this assessment, nonetheless,
having regard to the PPSL Committee’s earlier determination in April 2022 and the
level of public representation received in respect of the amended proposal it would
be appropriate in this instance that Members consider the requirement for a pre-
determination hearing as part of their consideration of this application.    
(P) Assessment and summary of determining issues and material considerations

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This application seeks for planning permission to construct a detached garden room
ancillary to the main dwellinghouse on Eilean Da Mheinn, Harbour Island in Crinan. 
The application site is accessible via a short boat trip from the end of the C39 public
road to Crinan. The application has been resubmitted following the withdrawal of the
original application (21/02308/PP) which attracted over one hundred
representations. During PPSL meeting on 20th April, 2022. That application was
continued by PPSL to allow a pre-determination hearing and a site visit however the
application was withdrawn prior to the hearing being convened. The current
application presents an amended proposal that seeks to address the concerns raised
by objectors to the original application. 
In terms of the adopted Argyll and Bute Local Development Plan (LDP) the
application site includes land within a Very Sensitive Countryside Zone where Policy
LDP DM 1 only gives encouragement to specific categories of development on
appropriate sites. These comprise: (i) Renewable energy related development (ii)
Telecommunication related development. (iii) Development directly supporting
agricultural, aquaculture, nature conservation or other established activity. (iv) small
scale development related to outdoor sport and recreation. 
While the proposed building is not located immediately beside the existing
dwellinghouse on the island it has been established that this part of the island is
managed and utilised as part of the garden ground of the main dwellinghouse. The
application has therefore been deemed a householder application for a domestic
garden room ancillary to the main house. Though Policy LDP DM 1 sets out
categorical development allowed within Very Sensitive Countryside Zones, it does
not seek to restrict extension to established residential dwellings including erection
of ancillary annex/outbuildings. 
The determining factors in the assessment of this application were to initially
establish whether or not the site formed part of the existing garden ground of the
main house. Further considerations pertained to the location, scale, massing, design,
finishing materials of the proposal and its visual impact on the Island and the National
Scenic Area (NSA) as a whole. 
In this case, it is accepted that the site forms part of the managed garden ground of
the main house. The well concealed location, scale, massing, design and finishing
materials are deemed acceptable in that it will not result in a materially detrimental
impact on visual character of the Island nor the NSA where it is located. 
The application has attracted high volume of representations and is referred to
Members to be determined as per the Council’s agreed scheme of delegation 
(Q) Is the proposal consistent with the Development Plan: Yes 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The nature of the proposal constitutes small scale householder development
deemed acceptable and consistent with the requirement for the Settlement area. By
virtue of its location, massing, design, materials and infrastructure the development
will be in keeping with the character of its immediate surrounding and the wider

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National Scenic Area. It would not give rise to any detrimental residential or visual
amenity concerns. 
The proposal, subject to the appended conditions, is deemed compliant with the
adopted Argyll and Bute Local Development Plan policies LDP STRAT1, LDP DM1,
LDP 3, LDP 9, LDP 10, and Supplementary Guidance SG LDP ENV 6, SG LDP ENV
12, SG LDP SERV 1, SG LDP SERV 2, SG LDP SERV 6, and SG LDP Sustainable.
There are therefore no other planning material considerations which would justify
refusal of this application for Planning Permission. 
(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:
No 
Author of Report: Tiwaah Antwi Date: 29/09/2022 
Reviewing Officer: Peter Bain Date: 05.10.2022 
Fergus Murray
Head of Development & Economic Growth

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/01248/PP 
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 14/06/2022, supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Proximity and Location Plan AR/287/A/01  25/08/2022
Site Plan with Curtilage (1:1250) AR/287/A/02  25/08/2022
Site Plan (1:250) AR/287/A/03  25/08/2022
Proposed Elevations AR/287/A/05  26/07/2022
Proposed Elevation, Sections and
Plans
AR/287/A/04  26/07/2022 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997, the building hereby permitted shall be utilised solely
as a structure ancillary to the occupation of the main dwelling and shall not be occupied
independently thereof as a separate dwelling unit. 
Reason: To define the permission on the basis of the Planning Authority’s assessment
of the use applied for.  
3. Notwithstanding the provisions of Condition 1, the proposed path improvement to be
carried out between the boathouse and the application site for the delivery of materials
and construction of the garden room, hereby approved, shall be removed and the
ground reinstated within three months following completion of the structure. 
Reason: To ensure the development integrates into its surroundings, in the interest of
visual amenity.

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NOTE TO APPLICANT 
For the avoidance of doubt this permission only provides for the occupation of the ancillary
building and the main dwelling by a single household and their non-paying guests.
Specifically the occupation of the building independently from that of the main dwelling (e.g.
as a separate fulltime residence or a holiday letting unit) shall require the benefit of a
separate planning permission.

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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 22/01248/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
A. Settlement Strategy 
The application seeks planning permission to construct a detached garden room
ancillary to the main dwellinghouse on Eilean Da Mheinn, Harbour Island in Crinan. 
The application site is accessible via a short boat trip from the end of the C39 public
road to Crinan. 
In terms of the adopted Argyll and Bute Local Development Plan (LDP) the application
site includes land within a Very Sensitive Countryside Zone where Policy LDP DM 1
only gives encouragement to specific categories of development on appropriate sites.
These comprise: (i) Renewable energy related development (ii) Telecommunication
related development. (iii) Development directly supporting agricultural, aquaculture,
nature conservation or other established activity. (iv) small scale development related
to outdoor sport and recreation. 
Policy LDP 3 aims to protect, conserve and where possible enhance the built, human
and natural environment. SG LDP ENV 6 elaborates on this policy and expects
development in and around trees, groups of trees and areas of woodland do not have
adverse impact on the trees by ensuring through the development management
process that adequate provision is made for the preservation of and where appropriate
the planting of new woodland/trees, including compensatory planting and management
agreements. 
SG LDP ENV 12 also has a presumption against development that would have an
adverse effect on the integrity of the area, or that would undermine the special qualities
of the area. The application site falls within both a Semi-Natural Ancient Woodland and
a NSA designation. 
Policy LDP 9 requires developers to produce and execute a high standard of
appropriate design and to ensure that development is sited and designed so as to pay
regard to the context within which it is located. The SG LDP Sustainable provides
further detail to this policy seeking development layouts to be compatible with, and
consolidate the existing settlement taking into account the relationship with
neighbouring properties to ensure no adverse impact on visual and/or residential
amenities. Additionally, the scale, design and building materials should complement
the house and not dominate it, or detract from its amenity or the amenity of the
surrounding area and properties. The total amount of building on the site should not
exceed 33% of the site area. 
Detailed below is an assessment of the proposed development against the above
referenced policies deemed relevant to the application. 
B. Location, Nature and Design of Proposed Development 
Eilean Da Mheinn is a small private island which lies approx. 190 metres west of Crinan
village in Loch Crinan. The Island’s topography is predominantly made up geological
features of three rock formations lying almost parallel to each other with two valleys
between them. The two glens are connected by a set of reconstructed metallic steps.

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The main house is centrally located on the Island in one of the glens contained by rock
spurs while the proposed garden room will be sited centrally on the other and narrower
glen currently maintained as a domestic garden ground with various plant species. This
proposed location for the ancillary building is confined by the rock ridges on the north
west and south east boundaries. To the north east (at sea) and south west from the
high level grounds of the Core path C130/Ardnoe which lies some 273 metres south
east, the proposal will be bounded by established matures trees. 
The proposed site includes land within a Very Sensitive Countryside Zone where Policy
LDP DM 1 only gives encouragement to specific categories of development on
appropriate sites. These comprise: (i) Renewable energy related development (ii)
Telecommunication related development. (iii) Development directly supporting
agricultural, aquaculture, nature conservation or other established activity. (iv) small
scale development related to outdoor sport and recreation. 
The nature of the proposed development is small scale and therefore acceptable in
that it is intended to be used in conjunction with the main dwellinghouse on the Island.
It is worth noting that Policy LDP DM 1 is not intended to restrict acceptable extension
of existing residential dwellings within the Very Sensitive Countryside designation –
this includes erection of detached ancillary annex/outbuildings within their garden
grounds. 
While undertaking a site visit and due to the nature of the island, it was noted that the
proposed location for the garden room forms part of the managed domestic garden
ground of the main dwellinghouse – therefore accepted as part of the main dwelling’s 
curtilage. Due to the constraint of available usable ground around the main
dwellinghouse, it is considered that the proposed location for the garden room is
appropriate though within the secondary glen. This part of the garden is accessible via
a set of steps which connects the two glens yet separated by one of the geological
formations which hinders views from both sides. It is considered that the proposed
location is carefully chosen where it will be confined in the glen and on a brownfield
site with evidence of ruins foundation (approx. 500mm above the ground). Based on
the above, the Planning Authority is satisfied that the proposed development is within
the curtilage of the main dwellinghouse and its intended domesticated use is
acceptable and conforms to Policy LDP DM 1 without compromise. 
The revised proposal is a standard single storey rectangular structure measuring 6.5
metres in length, 3.7 metres wide and 3.7 metres high. The structure would have a
pitched roof design with a part over hang roof on the East elevation. Externally, the
character of unit is uniquely designed to reflect the character of the Island finished in
locally sourced larch cladding and Douglas fir or cedar shingles. Internally, the layout
consists of a toilet/shower facility and siting area with stove and associated flue. The
supporting statement identifies that the purpose of the building is to provide guests and
visitors to the island who may be working in the garden with a toilet/washing facility,
the applicants also intend to utilise the building as a quiet room for writing and creative
space. The building will replace makeshift facilities which are currently housed in a
boat which is beached in the adjacent bay. The applicant has advised that regular
visitors to the island include private guests, a gardener and the Woodland Trust. 
It is worth noting the existing path which runs between the Boathouse and the
application site is propose to be improved as a temporary access for the delivery of
building materials and the construction of the garden room. This is intended to be
removed and the ground reinstated following completion. For the benefit of doubt, a
condition has been appended to ensure the temporary access is removed.

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Due to the proposal’s restrained location in the glen, its reduced scale and unique
design to complement the character of both the Island and the existing dwelling, it is
considered acceptable as an ancillary domestic outbuilding. The proposal will not be
materially detrimental to any visual or residential amenities already established and
enjoyed by neighbours or the general public. 
The proposed location for the ancillary building is well confined by the rock ridges with
hardly any glimpses from north east at sea and south west from the high level grounds
of Ardnoe which lies some 273 metres south east of the proposed site. 
It is therefore not considered that the proposal would hinder any views and its finishing
materials would naturally blend in the existing natural environment. It is therefore
considered acceptable and compliant with policy LDP 9 and SG LDP Sustainable. 
C. Natural Environment 
The proposal is not located within any site designated for nature conservation
purposes. The existing site is a brownfield location that is currently occupied by low
stone walls of a former building; the surrounding land is currently being managed as a
part of the extended garden ground of the sole dwelling on the island and there is
sufficient evidence in the form of non-native tree species, management of ground
vegetation and siting of disused cold frames to suggest that such activity has been
ongoing for a substantial period of time and predates the current owners interest in the
land. 
The proposal will not give rise to any significant adverse impact upon biodiversity and
is consistent with LDP 3 and SG LDP ENV 1. 
D. Landscape Impact 
The application site lies within the Knapdale National Scenic Area National Scenic Area
wherein the provisions of policy LDP 3 and SG LDP ENV 12 would seek to resist
development that would have an adverse effect on the integrity of the area, or which
would undermine the Special Qualities of the area. 
The Special Qualities of the Knapdale National Scenic Area are defined by Nature Scot
as: 
 Distinctive ridges and loch-filled trenches
 A landscape of skylines
 A clothing of oak woodland over ridges and hollows
 A profoundly evocative, ancient place
 Ever changing patterns of colour, sound and smell
 In the north, dramatic juxtaposition of ridges and volcanic plugs arising from the
flat expanse of Moine Mhor bog
 Long slow journeys to the sea
 Dramatic views in the south
 The Crinan Canal 
Whilst Eilean da Mheinn is a key feature within the local landscape setting of Loch
Crinan and Crinan Harbour it is not specifically mentioned or identified in the NSA
description or list of its Special Qualities. The topography of the island however is
somewhat a miniature representation of the wider the ridges and valleys that

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characterise the northern part of the NSA along with the general restriction of existing
built development to more sheltered locations within valleys. 
The proposed development is a modest structure located within land currently
managed as part of a domestic garden and will generally be screened from wider view
by the surrounding landform and existing tree cover. Whilst it is accepted that the
development may be partially visible from an elevated forest walk above Crinan
Harbour it will not have a significant presence within the wider landscape setting, and
where visible will not appear out of context in relation to existing built development
either on the island or the wider locale. The development is backdropped by the
settlements of Crinan Harbour and Crinan where built development, including
dwellings of significant scale and mass are evident in much more prominent and
elevated locations than the current proposal. 
The proposal is considered to be acceptable having regard to the provisions of LDP 3
and SG LDP ENV 12. 
E. Infrastructure 
The proposal intends to rely on the existing public water supply and electricity on site.
Surface water drainage will be taken into a soakaway and an existing pond, with any
excess flowing to sea through established surface water drains. However, foul water
will be taken in a proprietary composting unit with solid waste taken to garden and light
fluid discharge to a soakaway. 
Policy LDP 10 supports all development proposals that seek to maximise our resources
and reduce consumption and where they accord with other relevant policy
requirements. 
In response to this, private waste water treatment is proposed with clean water to be
discharged to a soakaway and therefore is in line with the requirements of SG LDP
SERV 1, SG LDP ENV 6. SEPA’s Standing Advice has been considered in the
assessment as the nature of the proposal falls below SEPA’s threshold for
consultation. It is worth noting the Sound of Jura (including Loch Crinan) is not
designated under EC Shellfish Directives 79/923/EEC or 91/492/EEC. Furthermore,
the development has been assessed against the relevant unopposed Policy 58 of the
proposed LPD 2 which does not reflect much changes to their currently adopted
policies, it is therefore considered that the development also conforms to this policy. 
In conclusion, the proposed development has been assessed against all of the above
potential constraints and designations and determined to raise no issues or concerns.
It is consistent with relevant policies of the adopted LDP subject to the appended
conditions.