Printed minutes
Argyll and Bute Council · 30 June 2026
Back to Argyll and Bute Local Review Body — 30 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT TEAMS on TUESDAY, 30 JUNE 2026 Present: Councillor Kieron Green (Chair) Councillor Daniel Hampsey Councillor Mark Irvine Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser) Fiona McCallum, Committee Services Officer (Minute) Alan MacDonald, Agent Dante Lopez, Agent 1. APOLOGIES FOR ABSENCE There were no apologies for absence. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CONSIDER NOTICE OF REVIEW REQUEST: LAND SOUTH EAST OF HIGH TOR COTTAGE, ISLE OF COLONSAY, PA61 7YW (REF: 25/0005/LRB) The Chair, Councillor Kieron Green, welcomed everyone to the meeting. He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Mr Jackson, who would provide procedural advice if required. The Chair referred to the previous meeting held following a site inspection on 3 June 2026, where it was agreed to continuation consideration of this case to allow Members time to seek advice on the preparation of a competent Motion. It had also been agreed at that meeting to amend the planning condition 4 in respect of a Full Landscape Scheme, to also include “details of any trees to be removed including the location, species and size of every tree/shrubs to be planted”. He advised that his first task would be seek confirmation from the Members of the LRB that they had sufficient information to determination this application today. The Members of the LRB confirmed that they had sufficient information. Councillor Hampsey moved the following Motion which was confirmed to be competent: The Local Review Body, having considered the Notice of Review, all supporting documentation, representations received, the Appointed Officer's Report of Handling and Refusal Notice, and having undertaken a site inspection of the review site and its surroundings, agrees to uphold the review and grant Planning Permission in Principle for the erection of a dwellinghouse at Land South East of High Tor Cottage, Scalasaig, Isle of Colonsay (Ref. 24/00770/PPP). In reaching this decision, the Local Review Body notes that:
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1. Following the site inspection, Members are satisfied that the characteristics of the site and its relationship with the surrounding built form and landscape differ from the level of impact described within the reasons for refusal. 2. Members do not consider that the proposal would result in an unacceptable adverse impact on the landscape character or appearance of the area to the extent originally identified within the refusal decision. 3. Members are satisfied that the principle of a single dwellinghouse at this location is capable of being accommodated without materially undermining the existing settlement pattern or resulting in unacceptable landscape harm. 4. The application seeks Planning Permission in Principle only, and detailed matters relating to siting, scale, design, appearance, landscaping, access arrangements and mitigation measures would be subject to further consideration through any subsequent application for approval of matters specified in conditions to ensure compliance with the relevant provisions of LDP2 policies 02, 04(h), 05, and 08; and NPF4 policies 4(a), 14, and 17. 5. Members consider that any remaining concerns regarding detailed design, integration into the landscape and landscaping treatment can be appropriately addressed through the future approval process and planning conditions. The Local Review Body therefore concludes that the reasons for refusal are not of such significance as to justify withholding planning permission in principle and that, on balance, the proposal accords with the relevant provisions of National Planning Framework 4 and the Argyll and Bute Local Development Plan. The Local Review Body therefore grants Planning Permission in Principle, subject to the planning conditions and reasons detailed at pages 5 to 10 of the agenda pack for the meeting of the LRB held on 3 June 2026 to include the following addition to planning condition 4 - Full Landscape Scheme, as agreed by the LRB on 3 June, part vi. “details of any trees to be removed including the location, species and size of every tree/shrubs to be planted” along with the preparation of a suitable decision notice by the Head of Development and Economic Growth.” Moved by Councillor Daniel Hampsey, seconded by Councillor Mark Irvine. Councillor Green thanked Councillor Hampsey for all his work in the preparation of this competent Motion. He commented that he thought it would still be challenging on this site but he was content for the LRB to proceed on this basis. He stressed it was important that the detailed planning permission addressed several of the points that had been raised. On that basis the Motion was unanimously supported and the Members of the LRB resolved accordingly. Decision The Argyll and Bute LRB, having considered the merits of the case de novo agreed to uphold the review and grant Planning Permission in Principle for the erection of a dwellinghouse at Land South East of High Tor Cottage, Scalasaig, Isle of Colonsay (Ref. 24/00770/PPP) subject to the following conditions and reasons:
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Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PPP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 25.04.2024, 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 Location Plan 4865-02-301 B 26.04.2024 General Development Layout 4865-02-309 B 26.04.2024 Site Access and Waste Management 4865-02-307 B 26.04.2024 Site Appraisal - Topographical 4865-02-306 B 26.04.2024 Topographical Survey 4865-02-305 B 26.04.2024 Site Appraisal – Biodiversity and Sustainable Transport 4865-02-304 B 26.04.2024 Local Development 4865-02-303 B 26.04.2024 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. 2. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, and 10 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 3. PPP – BUILDING SITING, DESIGN & FINISHES – INDIVIDUAL BUILDING Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate:
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i. A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii. A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii. Maximum of 1.5 storeys in design; iv. Details of finished ground floor levels relative to an identifiable fixed datum located outwith the application site. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surrounds 4. PPP – Full Landscaping Scheme No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i. Existing and proposed ground levels in relation to an identified fixed datum; ii. Existing landscaping features and vegetation to be retained; iii. Proposed hard landscaping works including the location design and materials of proposed surfaces, walls, fences and gates; iv. Proposed soft landscaping works including the location, species and size of every tree/shrub to be planted; v. A programme for the timing, method of implementation, completion and subsequent on-going maintenance; vi. Details of any trees to be removed including the location, species and size of every tree/shrubs to be planted” along with the preparation of a suitable decision notice by the Head of Development and Economic Growth. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. PPP – Biodiversity Enhancement Pursuant to Condition 1 - no development shall commence until a biodiversity statement has been submitted to and approved by the Planning Authority. The statement shall demonstrate how the proposal will contribute to
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conservation/restoration/enhancement of biodiversity, and how these benefits will be implemented and maintained for the lifetime of the development. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. 6. PPP - Single Building Access Requirements Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: i. Formation of the junction serving the development site in accordance with the Council’s Roads Standard Detail Drawing SD 08/004 Rev a; with visibility splays measuring 2.40 metres to point X by 75 metres to point Y from the centre line of the junction; ii. A long section for the proposed vehicular access, starting at the public road and terminating at the parking and turning area for the proposed dwelling. The gradient over the first 5m of the private access shall be less than 5% and thereafter should not exceed 12%; iii. A refuse collection point adjacent to the public road; iv. No fence, walls or hedges within 2.00 metres of the edge of the public road or back of service bay; v. Strictly no excavation works within the public road embankment; vi. The provision of parking and turning in accordance with the requirements of Policy 40 and Table 5 of the Argyll and Bute Local Development Plan 2 2024. Prior to work starting on site, the approved scheme of works in respect of junction layout shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.
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The approved parking and turning layout shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interests of road safety. Note to Applicant: • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. 7. PPP – Surface Water Drainage – Requirement for DIA Pursuant to Condition 1 – no development shall commence until a Drainage Impact Assessment, which includes a scheme for management of surface water within the development site, has been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. 8. PPP – Details of New Private Foul Drainage System Pursuant to Condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development. Reason: To ensure that an adequate means of foul drainage is available to serve the development. Note to Applicant: • Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. 9. PPP – Removal of PD Rights - Dwellinghouse: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.
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Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1C: The erection, construction or alteration of any porch outside any external door of a dwellinghouse. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2A: The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3AA: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. Class 6G: The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling Class 6HC: The installation, alteration or replacement of a wind turbine on a detached dwellinghouse. PART 2: SUNDRY MINOR OPERATIONS Class 9: Stone cleaning or painting of the exterior of a building. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission.
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Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 10. PPP – Timescale to be Agreed for Completion Pursuant to Condition 1. – no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. (Reference: Paperwork previously issued for Meetings held on 6 August 2025 and 3 June 2026)