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Consider Notice of Review Request: Land South East of Elderslie, Oban, Argyll, Pa34 4Sb (Ref: 25/0008/Lrb)

Argyll and Bute Council · 8 September 2025
Back to Argyll and Bute Local Review Body — 8 September 2025 and its agenda

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Classification: OFFICIAL
STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
25/0008/LRB 
REFUSAL OF PLANNING PERMISSION FOR
RENEWAL OF PLANNING PERMISSION IN
PRINCIPAL REFERENCE 19/02562/PPP (APPROVED
AT APPEAL) (SITE FOR THE ERECTION OF 2
DWELLINGHOUSES) 
– PLANNING APPLICATION REFERENCE
24/01069/PPP 
LAND SOUTH EAST OF ELDERSLIE OBAN ARGYLL
AND BUTE

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Classification: OFFICIAL 
STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr Graham
MacEachen (“the appellant”). 
Planning permission 24/01069/PPP for the Renewal of planning permission in principal
reference 19/02562/PPP (approved at appeal) (Site for the erection of 2 dwellinghouses) at
Land South East Of Elderslie Oban Argyll And Bute  (“the appeal site”) was refused by the
Planning Service under delegated powers on the 29th April 2025. 
This decision is the subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The site the subject of this Review is on the periphery of Oban town centre comprising a gently
sloping area of ground situated adjacent to a private access track which spurs from the A816
public road.  To the north is the long established bed and breakfast establishment of Elderslie
with Soroba House Hotel, a Category C Listed Building, and the Soroba House Mews
development to the east but at a much higher level than the application site. 
SEPA advise that whilst the site is not shown to be at risk of flooding based on the SEPA
Future Flood Maps, a small unnamed watercourse (with a catchment of less than 3km2) is
located at the east perimeter of the proposed development. SEPA advise that whilst the Flood
Maps don’t cover small watercourses, they advise that they can still cause serious flooding. 
SEPA further advise that there are small culverts situated approximately 8m upstream of the
site on the access track to the south and downstream of the site adjacent to Elderslie Guest
House. The path of the watercourse runs through a wooded area which could cause a
blockage to the culvert structures. If the upstream culvert was to become blocked, it may result
in an overland flow path which could inundate the site, similarly blockage of the downstream
culvert could cause water to back up and inundate the site and other local receptors. SEPA
advise that they would expect a site-specific assessment to consider a range of blockage
scenarios to investigate these potential flooding mechanisms. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED 
Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in
making any determination under the Planning Act, regard is to be had to the development
plan, and all other material planning considerations and the determination shall be made
in accordance with the plan unless material considerations indicate otherwise.  This is the
test for this application.

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Classification: OFFICIAL
STATEMENT OF CASE 
Argyll and Bute Council considers the determining issues in relation to the case are as follows: 
• Whether sufficient evidence has been submitted to fully understand and address flood
risk associated with the site and surrounding area to the satisfaction of SEPA. 
• If not, whether the proposal would conflict with the provisions NPF4 Policy 22 and
LDP2 Policy 55 which adopt a precautionary approach regarding the calculated
probability of flooding as a best estimate, and therefore, in the absence of substantive
evidence to the contrary, it would lead to a greater risk of flooding than currently exists
for future occupants of the proposed development, and for others in the area. 
Specifically, whether the applicant has failed to provide topographic ground level
information and culvert details to allow further consideration of these matters as
required by SEPA. 
• Given that SEPA, a statutory consultee on flooding, has objected, and the applicant
has not provided any substantive evidence in response to demonstrate that the
development will not be subject to flood risk nor exacerbate flood risk elsewhere, then
the development can only be considered to conflict with NPF4 Policy 22 and LDP2
Policy 55 as they relate to flood risk. 
The Report of Handing (Appendix A) sets out the Council’s full assessment of the application
in terms of these key determining issues. 
Officers ultimately had no choice but to refuse planning permission due to the robustly
maintained objection by SEPA. Members are respectfully reminded that SEPA are a statutory
consultee of national significance and their advice cannot be set aside by the Local Planning
Authority. Any recommendation contrary to the advice of SEPA must be notified to Scottish
Ministers. 
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
In accordance with the national legislative framework, Members cannot determine to grant this
Review ‘in house’. Should they be minded to do so, the matter must first be referred to
Ministers. Whilst it is open to Members to request the submission by the Applicant of the
additional site information required by SEPA, Members are reminded that officers have
already spent considerable time and effort trying to secure this information on behalf of SEPA.
Should Members be more successful in this regard, they are respectfully reminded that any
additional information received will need to be the subject of further consultation with SEPA. 
Notwithstanding the above, it is not considered that any additional information is required in
light of the appellant’s submission.  The issues raised were assessed in the Report of Handling
which is contained in Appendix A.  As such it is considered that Members have all the
information they need to determine the case. Given the above and that the proposal has no
complex or challenging issues, and has not been the subject of any significant public
representation, it is not considered that a Hearing is required. 
COMMENT ON APPELLANT’S SUBMISSION 
The Appellant has submitted a supporting statement which is highly critical of Officers. The
following brief comments are made in relation to his submission:

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Classification: OFFICIAL 
• The Appellant appears to be suggesting that the decision to consult SEPA was a
deliberate one made by the Case Officer and, further, that this decision was motivated
by malicious intent. 
Comment Any such suggestion is robustly denied. The decision to consult SEPA in
respect of the development the subject of this Review was made by the Council’s
Validation Team and based solely upon the site constraints information available to
them. This decision was made and actioned before the planning application had even
been allocated to a Case Officer. The Appellant is aware of this. 
• The Appellant complains that the site survey information required by SEPA will incur
substantial professional fees and with no certain outcome. He states that, “Applicants
should not be put in the position of having to spend thousands of pounds on
professional fees or reports only to satisfy the whim of planning officers”. 
Comment Whilst officers have every sympathy with the Appellant regarding the cost
of such works, the requirement for this is categorically not the ‘whim of Planning
Officers’. Site development can be a very expensive process and officers fully
understand that. The Appellant’s ‘fight’ here is with SEPA and not with Officers. He is
very well aware of this. 
Through an examination of the relevant case files, it is clear to me that the current
situation is, on the contrary, largely of the Appellant’s own making. – He was granted
planning permission in principle for the development of two dwellinghouses on the 5th
August 2021 (Application reference 19/02562/PPP / DPEA reference PPA-130-2077).
This permission was subject to several planning conditions, none of which have been
progressed through a valid application (or applications) for the Approval of Matters
Subject to (Planning) Conditions (AMSC). As a direct consequence of this inaction by
the Appellant, the previous permission expired. Furthermore, in the interim period, a
new National Planning Policy Framework (NPF4) has been introduced with a materially
greater emphasis on flood risk. It is this change in National Planning Policy and an
attendant change in the approach to flood risk by SEPA that has led directly to the
current position. This could all have been avoided had the Appellant progressed his
previous permission. 
Whilst it is accepted that the previous planning permission was granted on Appeal, the
Appellant’s allegations that the Case Officer was (and is) somehow at fault is robustly
refuted. – What the Appellant doesn’t mention in his current Statement is the fact that
he applied for an award of costs at the time of the earlier appeal, siting many of the
same allegations as currently. The Government appointed Reporter dismissed this
claim for costs determining that, “the Council has not acted in an unreasonable manner
resulting in liability for expenses” and that, “despite my separate decision to allow the
related planning appeal, I do not consider that the Council has acted in an
unreasonable manner in refusing planning permission or that any unnecessary costs
have been incurred by the appellant. Consequently, I find that an award of costs is not
justified.” 
In respect of the application the subject of the current Review, and contrary to the
Appellant’s statement, Officers spent considerable time trying to secure a positive
outcome. This included sustained negotiation over a nine month period including at
least a dozen separate emails from the Case Officer to SEPA, JBA Consulting and the
Appellant in regard to the flood risk issues. This elicited four separate consultation
responses from SEPA and culminated in a final email to the Appellant dated 26th March
2025 stating:

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Classification: OFFICIAL 
“Good morning Graham 
Thank you for your e-mail. 
As part of our performance recovery efforts, Planning Officers have been instructed to
be proactive in their management of planning cases to avoid undue delay and to
minimise the number of cases awaiting determination.  Where applicants have been
asked to provide supplementary information and failed to do this within a reasonable
timescale, Officers are empowered to seek withdrawal or issue refusals. 
Accordingly, it is our intention to proceed to determine the application within the coming
weeks as a technical refusal due to the lack of submission of the requested information. 
However, you may wish to consider withdrawing the application, address the
outstanding issues and then arrange to resubmit the application.  Any resubmission
within a year of withdrawal of the original application would benefit from a ‘free go’ with
regards to the planning fee. 
Considering the above, please advise whether you wish the application to be
determined or whether you wish to have it withdrawn. 
I look forward to hearing from you. 
Kind regards, 
Fiona Scott” 
No response to this email was received and, accordingly having exhausted all other
options, the Case Officer sought a final response from SEPA and planning permission
was refused on the 29th April 2025. 
A summary of the interaction with SEPA is contained within Part P, NPF4 Policy 22 of
the Report of Handling attached as Appendix A. 
CONCLUSION 
Section 25 of the Town and Country Planning Act 1997 (as amended) requires that all
decisions be made in accordance with the development plan unless material considerations
indicate otherwise. 
In this case, as detailed in the Report of Handling appended to this submission, Insufficient
evidence has been submitted to fully understand and address flood risk associated with the
site and surrounding area. 
As such, the proposal would conflict with the provisions NPF4 Policy 22 and LDP2 Policy 55
which adopt a precautionary approach regarding the calculated probability of flooding as a
best estimate, and therefore, in the absence of substantive evidence to the contrary, it would
lead to a greater risk of flooding than currently exists for future occupants of the proposed
development, and for others in the area.  Specifically, the appellant has failed to provide
topographic ground level information and culvert details to allow further consideration of these
matters.

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Classification: OFFICIAL
Given that SEPA, a statutory consultee on flooding, has objected, and the applicant has not
provided any substantive evidence in response to demonstrate that the development will not
be subject to flood risk nor exacerbate flood risk elsewhere, then the development can only
be considered to conflict with NPF4 Policy 22 and LDP2 Policy 55 as they relate to flood risk. 
Taking account of the above, it is respectfully submitted that the application for Review be
dismissed.

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Classification: OFFICIAL
APPENDIX A – REPORT OF HANDLING 
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: 24/01069/PPP 
Planning Hierarchy: Local
Applicant: Mr Graham MacEachen
Proposal: Renewal of Planning Permission in Principle Reference
19/02562/PPP – Site for the Erection of Two Dwellinghouses 
Site Address:  Land South East of Elderslie, Oban 
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 
• Site for the erection of two dwellinghouses 
• Upgrade of existing vehicular access 
(ii) Other specified operations 
• Connection to public water main 
• Connection to public drainage network 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission in principle be refused for the reasons
appended to this report. 
(C) CONSULTATIONS:   
Argyll and Bute Council – Roads Authority 
No response at time of report. 
Argyll and Bute Council – Access Officer 
No response at time of report.

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Classification: OFFICIAL 
Argyll and Bute Council – Oban Airport 
No response at time of report. 
Scottish Water 
Letter dated 25/06/24 advising no objection to the proposed development which
would be serviced from the Tullich Water Treatment Works and the Oban Waste
Water Treatment Works where there is currently sufficient capacity.  Scottish Water
do however advise that further investigations may be required once applications for
connection to their infrastructure are submitted to them for consideration. 
Rights of Way Society 
No response at time of report. 
Historic Environment Scotland 
Letter dated 05/07/25 advising no objection to the proposed development regarding
the impact on Scheduled Ancient Monuments SM4302 and SM4161, Ariogan
Cairns. 
Scottish Environment Protection Agency (SEPA)
Finalised response dated 22/04/25 submitting a holding objection due to the lack of
information submitted with the application to address their flood risk concerns. 
JBA Consulting Ltd (JBA) 
Finalised response dated 10/09/24 advising no objection to the proposed
development but providing advisory comments regarding the design of the proposed
surface water scheme for the proposed development. 
Consultation responses are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(D) HISTORY:   
PPA-130-2077
Appeal against refusal of 19/02562/PPP – Appeal Upheld & PPP granted: 05/08/21 
19/02562/PPP 
Site for the erection of 2 dwellinghouses – Refused: 20/08/20 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 18/07/24. 
(F) REPRESENTATIONS:   
No representations have been received regarding the proposed development. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of:

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Classification: OFFICIAL 
(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:    ☐Yes ☒No 
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist 
The relevant Sustainability Checklists has been
submitted and examined. It is the assessment of the
Case Officer that the applicant has understood and
given adequate consideration to the sustainability
aspects of the proposed development, sufficient to
accord with the core sustainability requirements of both
national and local planning policy, specifically the
relevant details of the ‘Sustainable Places’ group of
policies within NPF4 and LDP2 policies 04, 08 and 09.
☒Yes ☐No
☐Yes ☒No  
(v) A report on the impact of the proposed
development e.g. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐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
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption

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Classification: OFFICIAL
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings 
Connected Places 
Policy 34 – Electric Vehicle Charging Points
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 55 – Flooding
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
Homes for People 
Policy 66 – New Residential Development on Non-Allocated Housing Sites within
Settlement Areas 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 77 – Forestry, Woodland and Trees

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(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. 
• Consultation Reponses
• Planning History
• ABC Technical Note – Biodiversity (Feb 2017)
• TN06 Sustainability Technical Note and Checklist (Oct. 2023)
• TN21 VII and LVIA Light Technical Note (Oct. 2023)
• TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023)
• ABC Housing Needs and Demand Assessment
• ABC Housing Emergency Statement
• SEPA Standing Guidance for Development Management (Dec. 2022) 
(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) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
(O)(i) Key Constraints/Designations Affected by the Development: 
• SAMs, (4161 and 4302) Ariogan Cairns
• Category C Listed Building 
(O)(ii) Soils
Agricultural Land Classification:  Built Up Area
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
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 
(O)(iii) Woodland

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Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
☐Yes
☒No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☒No details to be secured by condition
☐N/A  
(O)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application
(tick all relevant boxes)
☐Brownfield
☐Brownfield Reclaimed by Nature
☒Greenfield 
ABC LDP2 Settlement Strategy
(tick all relevant boxes) 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☐Helensburgh & Lomond Greenbelt
ABC LDP2 Allocations/PDAs/AFAs etc: 
N/A 
(P) Summary assessment and summary of determining issues and material
considerations 
Introduction and Background 
The site the subject of this application is on the periphery of Oban town centre
comprising a gently sloping area of ground situated adjacent to a private access
track which spurs from the A816 public road.  To the north is the long established
bed and breakfast establishment of Elderslie with Soroba House Hotel, a Category
C Listed Building, and the Soroba House Mews development to the east but at a
much higher level than the application site. 
The principle of the development of this site with two dwellinghouses has been
established by the granting of planning permission in principle (PPP) at appeal by
the DPEA on 5 August 2021 following the refusal of permission by the Planning
Authority on 24 August 2020. 
The permission granted by the DPEA established the principle of the proposed
development of the site with 2 dwellinghouses with the matters of layout and design
to be addressed by way of future application(s) for approval of matters specified in
conditions.   
The current application was submitted and validated within the lifetime of the
previous permission granted by the DPEA thereby representing a timeous renewal
with the previous PPP representing a significant material planning consideration in
the current application to renew the previous permission. 
During the processing of the previous application, Officers were satisfied that the
application site had the potential to successfully accommodate two suitably sited and
designed dwellinghouses within the defined Settlement of Oban which would relate
to the settlement pattern of the surrounding area.

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Classification: OFFICIAL
However, Officers considered that the application failed to demonstrate that a safe
vehicular access regime could be achieved to serve the proposed development due
to the structural integrity of the bridge within the vehicular access regime not having
been fully and satisfactorily addressed.  Officers deemed that the structural integrity
of the bridge was fundamental in demonstrating that a satisfactory access regime
could be achieved to serve the proposed development and considered that the use
of a suspensive condition to secure further details not to be appropriate. 
Accordingly, PPP was refused by Members at the meeting of the Planning,
Protective Services and Licensing Committee in August 2020.   
However, upon review at appeal the DPEA was satisfied that the use of a suspensive
condition requiring a structural survey of the bridge to be undertaken in order to
demonstrate that it was capable of accommodating further development was
appropriate and they upheld the appeal granting PPP subject to a number of
conditions including the requirement for the submission of a structural survey of the
bridge. 
To date, none of the conditions have been addressed and the permission appears
to have lain idle to the extent that it has now expired. 
The above represents a brief summary of the DPEA decision with the full decision
published on the previous planning application file, reference 19/02562/PPP,
available to view via the Public Access section of the Council’s website. 
Since the DPEA issued their decision granting PPP for the proposed development,
there has been a  material change in national planning policy and in the Local
Development Plan.   
Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February
2024 which, together with NPF4 which was adopted on 13 February 2023, represent
the Development Plan providing the policy background against which proposed
developments are assessed. 
The proposal is assessed against the relevant NPF4 Policies below which include
details of the associated LDP2 policies. 
Compliance with National and Local Development Plan 2 Policy 
Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February
2024 which, together with NPF4 which was adopted on 13 February 2023, represent
the Development Plan providing the policy background against which proposed
developments are assessed. 
The proposal is assessed against the relevant NPF4 Policies below which include
details of the associated LDP2 policies. 
NPF4 Policy 1 – Tackling the Climate and Nature Crises seek to prioritise the
climate and nature crises in all decisions; it requires to be applied together with other
policies in NPF4. 
Guidance from the Scottish Government advises that it is for the decision maker to
determine whether the significant weight to be applied tips the balance in favour for,
or against a proposal on the basis of its positive or negative contribution to climate
and nature crises.

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Classification: OFFICIAL
NPF4 Policy 2 – Climate, Mitigation and Adaption  seeks to ensure that new
development proposals will be sited to minimise lifecycle greenhouse gas emissions
as far as possible, and that proposals will be sited and designed to adapt to current
and future risks from climate change. 
Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The emphasis
is on minimising emissions as far as possible, rather than eliminating emissions. The
Spatial Settlement Strategy set out within LDP2  seeks to deliver sustainable levels
of growth by steering the majority of development to our existing settlements as
these are where the most of our current infrastructure, services, employment
opportunities, housing and community facilities are to be found, however LDP2
recognises that there are instances where a different approach to significant
development has to be taken particularly where existing infrastructure or services
are at capacity and where a more sustainable option would be to provide new
facilities elsewhere. 
NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss
and deliver positive effects from development and strengthen nature networks. 
In the case of the development proposed by this application, it is not considered that
there are any issues of compliance with Policy 3. No material biodiversity impacts
have been identified in the assessment of this application by the Planning Authority
and whilst no specific proposals for biodiversity improvements have been submitted
it is considered that adequate and proportionate measures for biodiversity
enhancement and protection could be secured via planning condition in the event
that permission was to be granted. The proposed development is therefore
considered to be in compliance with NPF4 Policy 3 and LDP2 Policy 73 as
underpinned by LDP Policies LDP 3 and SG LDP ENV 1 and Policy 73, Development
Impact on Habitats, Species and Biodiversity  
NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural
assets making best use of nature-based solutions. 
The development proposed by the current planning application is considered
appropriate in terms of its type, location and scale such that it will have no
unacceptable impact on the natural environment. The proposed development is not
within any designated European site of natural environment conservation or
protection, it is not located within a National Park, a National Scenic Area a SSSI or
RAMSAR site, or a National Nature Reserve. Neither is it located within a site
designated as a Local Nature Conservation Site or Landscape Area or within an area
identified as Wild Land. 
The proposed development is therefore considered to be in accordance with NPF4
Policy 4 and does not conflict with the provisions of LDP2. 
NPF4 Policy 6 – Forestry, Woodland and Trees seeks to protect and expand
forests, woodlands and trees. 
The woodland surrounding the site has been designated as Ancient Woodland by
NatureScot, these being classified as areas of ancient and semi-natural woodland
which are important and irreplaceable national resources which should be protected
and enhanced.  Whilst there is no significant tree cover on the application site that
would be lost as a result of the proposed development, there are areas of woodland
surrounding the site and therefore in the event that permission was to be granted, it

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Classification: OFFICIAL
would be appropriate to impose a planning condition requiring any future detailed
application to be accompanied by a detailed Woodland Management Plan which
should identify the trees to be retained, tree works proposed, together with details of
landscaping to further integrate the proposed development into its landscape setting. 
In the event that permission was to be granted, with the aforementioned planning
condition, the proposal would not conflict with the broad aim of NPF4 Policy 6 or
LDP2 Policy 77, Forestry, Woodland and Trees which seek to retain trees within
proposed developments. 
NPF4 Policy 7 – Historic Assets seeks to protect and enhance historic environment
assets and places, and to enable positive change as a catalyst for the regeneration
of places. 
Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a
significant impact on historic assets or places are accompanied by an assessment
which is based on an understanding of the cultural significance of the historic asset
and/or place with Part (h) seeking to protect the integrity and setting of Scheduled
Ancient Monuments (SAM). 
In this case, it is not considered that the proposed development will have a significant
impact on historic assets, places or SAMs as described below. 
Whilst the site is situated adjacent to Soroba House Hotel, a Category C Listed
Building, due to the surrounding landform, the application site sits much lower in the
landscape than Soroba House Hotel and therefore the proposed development will
not be readily visible within the same visual envelope. Subject to appropriate siting,
design and finishing materials, it is not considered that the proposed development,
which is within an area of defined settlement, and which is adjacent to existing
building development, would be materially harmful to the current setting of Soroba
House Hotel or its setting within the wider landscape.   
Whilst there are two SAMs, (4161 and 4302) situated to the south of the application
site, these are a significant distance from the site which, due to the distance involved
and the intervening landscape, will ensure that they are not viewed within the same
visual envelope thereby not resulting in any adverse impact on their setting. 
In this instance, in the event that permission was to be granted, the proposal would
not conflict with the provisions of NPF4 Policy 7 or LDP2 Policies 15, Protection,
Conservation and Enhancement of Our Historic Environment, Policy 16, Listed
Buildings and Policy 19, Scheduled Monuments. 
NPF4 Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings
seeks to encourage, promote and facilitate the reuse of brownfield, vacant and
derelict land and empty buildings, and to help reduce the need for greenfield
development. 
Whilst the development proposed by this planning application is on a greenfield site,
in terms of our adopted settlement strategy, the site of the proposed development is
within the defined Settlement of Oban where Policy 01 of LDP2 gives a general
presumption in favour of sustainable development where it is compatible with
surrounding uses; provides suitable  access and infrastructure; is of an appropriate
scale and fit for the size of settlement in which it is proposed; it respects the character
and appearance of the surrounding townscape in terms of density, scale, massing,
design, external finishes and it complies with all other relevant LDP2 policies.

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Classification: OFFICIAL 
As detailed above, Officers are satisfied that the application site has the potential to
successfully accommodate two suitably sited and designed dwellinghouses within
the defined Settlement of Oban which would relate to the settlement pattern of the
surrounding area. 
In the event the permission was to be granted, the proposed development would be
consistent with the broad aims of NPF4 Policy 9 and the spatial and settlement
strategy set out in LDP2 Policy 01. 
NPF4 Policy 12 – Zero Waste seeks to encourage, promote and facilitate
development that is consistent with the waste hierarchy as defined within the policy
document. 
The development the subject of this planning application seeks to establish the
principle of two dwellinghouses. Whilst this is a development likely to generate waste
when operational, it will benefit from regular waste uplifts by the Council and will be
expected to comply with our adopted and enforced recycling and reuse strategy. In
this regard, in the event that permission was to be granted, the proposed
development would not conflict with the requirements of NPF4 Policy 12 or LDP2
Policy 63, Waste Related Development and Waste Management which seek to
ensure that effective provision for waste/recycling is provided within developments. 
NPF4 Policy 13 – Sustainable Transport seeks to encourage, promote and
facilitate developments that prioritise walking, wheeling, cycling and public transport
for everyday travel and reduce the need to travel unsustainably. 
The application is seeking to establish the principle of two dwellinghouses which is
not considered to be a significant travel generating use or a proposal where it is
considered important to monitor travel patterns resulting from the development.   
Part (b) of Policy 13 requires consideration of the sustainable travel hierarchies
including provision for vehicles and cycle charging points. In the event that
permission was to be granted a condition could be imposed to secure the provision
of electrical vehicle charging points (EVC) within the site. 
The application proposes to utilise an existing private access track spurring from the
A816 public road. 
During the processing of the previous application, the Roads Authority deferred their
decision until such time as the applicant submitted further information to allow a
definitive decision on the proposal to be made.  The consultation response was in
two-parts:   
The first part required the submission of a Safety Audit/Risk Assessment/Traffic
Management Plan to ascertain and mitigate any implications caused by the
proposed development both during the construction phase and on completion of the
development due to the fact that the proposed access is situated on a primary
school/link path/cycle path which forms part of the Core Path Network.   
The second part of the consultation response required a full structural survey of the
bridge accessing the site from the A816 public road to demonstrate that the bridge
can safely support a 44 tonne vehicle, being the minimum weight necessary to
service any construction site relying on this proposed route of access.

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Classification: OFFICIAL
The applicant addressed the first part by submitting a Traffic Assessment which was
accepted by the Roads Authority, the Access Officer and Scotways, however, the
structural report was not submitted. 
Officers were of the view that access to the site formed a critical part of the
application and that the structural survey should be sought in advance of permission
being granted to demonstrate that the bridge structure could safely and structurally
cope with the increased weight and volume of traffic both during and post
construction for the proposed development.  Officers did not deem it appropriate to
deal with the structural report by way of a suspensive condition. 
However, as detailed above, the DPEA was satisfied that the use of a suspensive
condition on the grant of permission, requiring the submission of a structural survey
of the bridge, was appropriate and on this basis, they upheld the appeal granting
permission subject to such a condition. 
In light of the above, in the event that permission was to be granted for the proposed
development, the same conditions could be imposed to secure the requirements
previously sought by the Roads Authority, including the structural survey of the
bridge, plus a new condition to address the additional requirement of EVC charging
points within the site, rendering the proposal consistent with the broad aims of NPF4
Policy 13 and LDP2 Policies 34, EVC Charging Points, Policy 35, Design of New
and Existing, Public Roads and Private Access Regimes, Policy 37, Development
Utilising an Existing Private Access or Existing Private Road and Policy 40, Vehicle
Parking Provision which collectively seek to ensure that proposed developments are
served by a suitable and safe access regime and provide appropriate parking
provision commensurate with the scale of the development proposed. 
NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and
facilitate well designed development that makes successful places by taking a
design-led approach and applying the ‘Place Principle’. 
As detailed above the application is seeking to secure PPP to establish the principle
of two dwellinghouse.  The necessary future application(s) for the approval of the
details of the proposed development would be expected to comply with the ‘place
principle’ as set out in NPF4 Policy 14 and should permission be granted, planning
conditions would ensure that the development was designed to an appropriate
standard. 
In the event that permission was to be granted, with conditions, the development the
subject of this planning application would be considered to accord with the broad
aims of NPF4 Policy 14 and the sustainable siting and design policies of LDP2
namely Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09,
Sustainable Design and Policy 10, Design: All Development which, in summary,
collectively seek to ensure that developments are compatible with surrounding land
uses, are sited sensitively within the landscape making use of existing infrastructure,
are of an appropriate scale, sustainable design and finishes for their site; and ensure
that no adverse visual or amenity impacts arise. 
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods seeks to
encourage, promote and facilitate the application of the ‘Place Principle’ and create
connected and compact neighbourhoods where people can meet the majority of their
daily needs within a reasonable distance of their home, preferably by walking,
wheeling or cycling or using sustainable transport options.

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Classification: OFFICIAL
In terms of our adopted settlement strategy, the site of the proposed dwellinghouse
is in an area identified as being within a defined ‘Settlement Area’ where LDP2 Policy
01  gives a general presumption in favour of sustainable development where it is
compatible with surrounding uses; provides suitable  access and infrastructure; is of
an appropriate scale and fit for the size of settlement in which it is proposed; it
respects the character and appearance of the surrounding landscape in terms of
density, scale, massing, design, external finishes and that it complies with all other
relevant LDP2 policies. 
In this instance, it is considered that the small scale of the proposed development,
and its rural location, would reasonably comply with Policy 15 of NPF4 given the
existing dispersed geographical scale of the environment within which the
development is to be located, and given its compliance with the existing settlement
pattern and the level and quality of interconnectivity of the proposed development
with the surrounding area where people can reasonably meet the majority of their
daily needs within a reasonable distance of their home. 
The proposed development aligns with NPF4 and there is no conflict with LDP2
Policy 01. 
NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the
delivery of more high quality, affordable and sustainable homes in the right locations
and providing choice of tenure to meet diverse housing needs. 
Policy 16(c) supports development proposals for new homes that improve
affordability and choice by being adaptable to changing and diverse needs, and
which address identified gaps in provision, including ‘self-provided homes’ of which
the proposed development represents. 
With regards to Part (f) of Policy 16(i) an agreed timescale for build-out will be
covered through the use of a planning condition; 16(ii), whilst the development
proposed by this planning application is not on land actively allocated for housing in
the LDP2, it would wholly accord with the adopted settlement strategy and would
accord with the principles of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the
proposal is for a smaller scale opportunity within an existing settlement boundary. 
The proposed development is deemed to be consistent with NPF4 Policy 16 and
there is no conflict with LDP 2 Policy 01, ‘Settlement Area’ due to the proposed
development being an appropriate development within the defined settlement. 
NPF4 Policy 18 – Infrastructure First seeks to encourage, promote and facilitate
an infrastructure first approach to land use, which puts infrastructure considerations
at the heart of placemaking. 
The application proposes connection to the public water and waste water
infrastructure within the control of Scottish Water.  In their response to the application
Scottish Water advise that the proposed development would be serviced from the
Tullich Water Treatment Works and the Oban Waste Water Treatment Works where
there is currently sufficient capacity.  Scottish Water do however advise that further
investigations may be required once formal application(s) for connection to their
infrastructure is submitted to them for consideration.   
In this regard, in the event that permission was to be granted, suitable infrastructure
could be provided rendering the proposed development consistent with the
requirements of NPF4 Policy 18 and LDP2 Policy 04, Sustainable Development

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Classification: OFFICIAL
which seek to ensure that suitable infrastructure is available to serve proposed
developments. 
NPF4 Policy 22 – Flood Risk and Water Management seeks to strengthen
resilience to flood risk and to ensure that water resources are used efficiently and
sustainably. 
Water Supply 
As detailed at NPF4 Policy 18 above, the development the subject of this planning
application proposes connection to the public water main to which Scottish Water
has raised no objection. 
Sustainable Drainage System 
With regards to the management of rain and surface water at the site, in the event
that permission was to be granted, this could be controlled through a planning
condition to secure a suitable sustainable drainage system for the site. 
Flooding 
Due to the site being within an area at risk of fluvial flooding, consultation was
undertaken with SEPA and the Council’s flooding advisors, JBA. 
Whilst JBA raised no objection to the proposed development upon the submission
of further information from the applicant, which comprised photographs of the
watercourse in question and culvert dimensions, SEPA submitted a holding
objection due to the lack of information submitted with regards to flood risk and
having proper regard to national planning policy on flood risk, something that JBA
appear to have discounted. 
SEPA advise that whilst the site is not shown to be at risk of flooding based on the
SEPA Future Flood Maps, a small unnamed watercourse (with a catchment of less
than 3km2) is located at the east perimeter of the proposed development. SEPA
advise that whilst the Flood Maps don’t cover small watercourses, they advise that
they can still cause serious flooding. 
SEPA further advise that there are small culverts situated approximately 8m
upstream of the site on the access track to the south and downstream of the site
adjacent to Elderslie Guest House. The path of the watercourse runs through a
wooded area which could cause a blockage to the culvert structures. If the upstream
culvert was to become blocked, it may result in an overland flow path which could
inundate the site, similarly blockage of the downstream culvert could cause water to
back up and inundate the site and other local receptors. SEPA advise that they would
expect a site-specific assessment to consider a range of blockage scenarios to
investigate these potential flooding mechanisms. 
In light of these comments SEPA submitted a holding objection until such time as
further topographic information and details on the culverts were submitted to them
for consideration which they advised may allow them to remove their holding
objection.  SEPA further advised that should additional information be submitted and
be insufficient to provide a robust assessment of the risk of flooding to the proposed
development, then a detailed Flood Risk Assessment (FRA) may require to be
prepared for the site.  SEPA’s comments were provided to the applicant for action,
however the applicant was reluctant to submit the details requested by SEPA.  Due

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Classification: OFFICIAL
to this reluctance, Officers agreed to forward the information to SEPA which the
applicant had previously submitted to JBA for review.  However, upon reviewing the
additional information, SEPA maintained their holding objection until such time as
the previously requested topographic and culvert information was submitted. 
In light of the ongoing holding objection from SEPA, Officers contacted the applicant
to advise that the application was going to be progressed as a technical refusal due
to the lack of additional information requested by SEPA to allow them to assess flood
risk having been submitted.  The applicant responded by submitting two additional
photographs direct to SEPA indicating that it was his view that this would be sufficient
to allow SEPA to understand the site gradients and surrounding land without the
requirement to submit the full details requested in their previous responses. 
SEPA’s final response acknowledged the additional photographs submitted by the
applicant but SEPA advised that the details were not sufficient to demonstrate that
the application site is not at risk of flooding and consequently maintained their
holding objection.  SEPA reiterated their previous comments that the submission of
topographic ground level information and details of the culverts would be required to
allow them to consider removing their holding objection.  SEPA also acknowledged
the assessment carried out by JBA, however, to enable verification, SEPA require
the further detail on the culverts previously requested. 
Considering the above, in the absence of the topographical and culvert details
required by SEPA in relation to potential flood risk posed by an identified minor water
course, and in the absence of any evidence to suggest that the development will not
exacerbate flood risk associated with the site, the proposal is deemed contrary to
the provisions of NPF4 Policy 22 and LDP2 Policy 55 which adopt a precautionary
approach regarding the calculated probability of flooding within proposed
developments.   
Given that the above policy requirements seek to establish whether the principle of
development is acceptable insofar as it is related to flood risk, it is not considered
that a planning condition could be used to address the above policy conflict. 
Conclusion 
Notwithstanding the above assessment that the site could, potentially, successfully
accommodate two suitably sited and designed dwellinghouses, and that appropriate
infrastructure could be achieved, insufficient evidence has been submitted to fully
understand and address flood risk associated with the site and surrounding area and
therefore the proposal would conflict with the provisions NPF4 Policy 22 and LDP2
Policy 55 on the grounds that, in the absence of substantive evidence, it would lead
to a greater risk of flooding than currently exists for future occupants of the proposed
development, and for others in the area. 
The proposal is therefore recommended for refusal for the reasons set out below. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission Should be Refused: 
See reasons for refusal below.

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(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Fiona Scott  Date: 28/04/25 
Reviewing Officer: Tim Williams Date: 29/04/25 
Fergus Murray
Head of Development & Economic Growth

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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 24/01069/PPP 
1. Insufficient evidence has been submitted to fully understand and address flood risk
associated with the site and surrounding area. 
As such, the proposal would conflict with the provisions NPF4 Policy 22 and LDP2
Policy 55 which adopt a precautionary approach regarding the calculated probability
of flooding as a best estimate, and therefore, in the absence of substantive evidence
to the contrary, it would lead to a greater risk of flooding than currently exists for future
occupants of the proposed development, and for others in the area.  Specifically, the
applicant has failed to provide topographic ground level information and culvert details
to allow further consideration of these matters. 
Given that SEPA, a statutory consultee on flooding, has objected, and the applicant
has not provided any substantive evidence in response to demonstrate that the
development will not be subject to flood risk nor exacerbate flood risk elsewhere, then
the development can only be considered to conflict with NPF4 Policy 22 and LDP2
Policy 55 as they relate to flood risk.

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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application 24/01069/PPP 
(A) Has the application been the subject of any “non-material”
amendment in terms of Section 32A of the Town and Country
Planning (Scotland) Act 1997 (as amended) to the initial submitted
plans during its processing.
☐Yes ☒No 
(B) The reason why planning permission has been refused: 
See reasons for refusal above.