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24 00770 PPP LPA LRB Statement_Redacted

Argyll and Bute Council · 6 August 2025
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STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
REFUSAL OF PLANNING PERMISSION IN
PRINCIPLE FOR SITE FOR THE ERECTION OF
DWELLINGHOUSE, LAND SOUTH EAST OF
HIGH TOR COTTAGE, SCALASAIG, ISLE OF
COLONSAY 
PLANNING APPLICATION REFERENCE
NUMBER 24/00770/PPP 
LOCAL REVIEW BOARD REFERENCE 
NUMBER 25/0005/LRB 
2ND JUNE 2025

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STATEMENT OF CASE 
The planning authority is Argyll and Bute Council (‘the Council’). The appellant
is Mr Martin Winlow (‘the appellant’). 
The planning application, reference number 24/00770/PPP, site for the
erection of dwellinghouse at land south east of High Tor Cottage, Scalasaig
(“the appeal site”) was refused under delegated powers on the 21st March
2025. The planning application has been appealed and is subject of referral to
a Local Review Body. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED
Section 25 of the Town & Country Planning (Scotland) Act 1997 provides
that where, in making any determination under the planning Acts, regard is
to be had to the development plan, the determination shall be made in
accordance with the plan unless material considerations indicate otherwise. 
This is the test for this application. 
STATEMENT OF CASE 
The planning authority considers the determining issue in relation to the case
to be the effect of proposal on the landscape character and appearance of the
surrounding area. 
The Report of Handling (attached) sets out the Council’s assessment of the
application in terms of Development Plan policy and other material
considerations. 
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is considered that no new material information has been raised in the
appellants’ submission. The issues raised were covered in the Report of
Handling which is contained in Appendix 1. As such it is considered that
Members have all the information they need to determine the case. Given the
above and that the proposal is small-scale, has no complex or challenging
issues and has not been the subject of significant body of conflicting
representation, then it is considered that a Hearing is not required. 
COMMENT ON APPELLANTS’ SUBMISSION 
Having regard to the detailed reasons for requesting the review set out in in
the appellants’ submission the following points are noted: 
1. The decision took nearly 11 months in total. 
Resourcing issues at the time of the application are in part accountable
for the delays in determining the application. The case officer

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communicated landscape related concerns to the applicant on
04.07.24 by email (appendix 2). The email set out that the case officer
would be happy to review any further submission in this respect,
although it noted it cannot guarantee it would overcome the raised
concern. A proportion of the remaining of period of time prior to refusal
of planning permission in principle included the case officer setting out
the landscape related concern and the likely recommendation, with
additional documentation and a rebuttal both provided by the applicant.
The delays associated with the proposal are unfortunate but do not
justify the harm and associated planning policy conflict identified in the
Report of Handling and Decision Notice. 
2. The pre-application advice stated an LVIA may be required and
that on balance the advice encouraged a formal submission. 
Based on the advice provided, the appellant would have been aware
that the topic of landscape could require assessment in any planning
application, with related planning policies cited. When read as a whole,
it is considered that the pre-application advice does not raise any
notable concern (other than Roads’ consultee comments) to the
proposal, but neither does it go as far as to encourage submission of a
formal application. Moreover, as the pre-application response notes
‘The information represents the informal view of the planning officer
and is given without prejudice to the outcome of any planning
application submitted in respect of the above development.’ 
3. The information submitted within the LVIA illustrates there will be
no adverse visual impact. 
The planning authority carefully considered the additional
documentation submitted at the application stage and noted that
planning permission was solely sought.  However, the planning
authority has notable concerns about the effect the proposal would
have in landscape character and appearance terms, and the resultant
harm would be noticeable from the surrounding area. Nothing the
appellant has set out in the appeal submission alters this concern nor
overrides identified development plan policy conflict.  A detailed
explanation is set out in the Report of Handling (see appendix 1) which
weighed in the overall balance matters raised by the applicant in
support of the proposal.  None of the points raised were considered to
outweigh the harm identified and associated planning policy concern. 
4. The local authority refused to work with the applicant on the
suitable design and siting of any proposals.  A Landscape and
Visual Impact Assessment was submitted in good faith at
expense, despite the proposal’s ability to be regarded as either
infill or rounding off. 
This assertion is respectfully rejected, noting that the case officer was
open with the applicant regarding landscape related concerns and the

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inability to guarantee that such concerns could be overcome, as set out
above (see appendix 2). Members should note that the quote from LDP
Policy 02 provided by the appellant is factually incorrect and appears to
be from a version of LDP2 that was not adopted/i.e. from the version
that was submitted for examination. Members are respectfully advised
to base their assessment on policy from the LDP2 as adopted and not
the version provided by the appellant. 
It is not considered that the proposal is rounding off, noting it would be
sited beyond a visually distinguishable landscape feature and with
open land further to the immediate south west along the coast side of
the public road. Moreover, LDP2 Policy 02 does not state that infill or
rounding off will not require a landscape and visual impact assessment,
and for to such development types notes ‘will be supported by the
council generally without the need for detailed environmental
assessment, although such may still be required where there is
evidence of any environmental risk’ (officer’s emphasis).  Furthermore,
Policy 02 is clear that a landscape and visual impact assessment may
be required and that matters of appropriate scale, design and siting are
considerations in assessing development in a countryside area. 
OTHER MATTERS 
The appeal submission includes a Renewable Generation Site Plan (drawing
reference 4865-020308 Rev B) which appears to propose a wind turbine.
Members should be aware that this plan nor a wind turbine did not appear to
have submitted as part of the planning application. Inclusion of this at the
appeal stage would represent a material amendment to the planning
application as submitted. As such, it is respectfully recommended that such
an amendment is not accepted. 
The appellant refers to four planning applications that have been approved
that are ‘within the “Countryside Development Management Zone” on similarly
prominent sites on the Island, which are adjacent to and will impact historic
and ancient monuments.’ In the interests of clarity, respectfully this is factually
incorrect; members should be aware that two of the applications cited
(22/00305/PPP and 22/00306/PPP) appear to have been withdrawn and not
approved as stated. The remaining two applications cited were determined
prior to the adoption of LDP2. Moreover, the sites indicated are located some
distance away from the appeal site and therefore are materially different to the
site circumstances involved with the present case. Importantly, each case
must be assessed on its own individual merits. 
The appellant considers the decision does not show a balanced planning
judgement and appears to give more weight to LDP2 Policy 02. Policy 02 is
important to assessing the principle of the proposed development in a
countryside area. Moreover, the proposal has been assessed against the
relevant policies of the development plan taken as a whole. In the overall
decision, it is considered that none of the points raised by the appellant

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(including reference to the housing emergency) outweigh the conflict with the
development plan when assessed a whole. 
CONCLUSION 
Section 25 of the Town and Country Planning Act 1997 requires that all
decisions be made in accordance with the development plan unless material
considerations indicate otherwise. In this case, the proposed development
would be in conflict with the relevant provisions of the development plan when
taken as a whole, and there are no material circumstances to indicate that the
decision should be made other than in accordance with the development plan.    
Taking account of the above, it is respectfully requested that the appeal be
dismissed. 
Appended documents:
Report of Handling 
Correspondence between case officer and appellant.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
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: 24/00770/PPP
Planning Hierarchy: Local
Applicant: Mr Martin Winlow
Proposal: Site for the erection of dwellinghouse
Site Address:  Land South East High-Tor-Cottage, Scalasaig, Isle of Colonsay,
Argyll and Bute, PA61 7YW    
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
• Erection of dwellinghouse 
(ii) Other specified operations
• (Insert details) 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material consideration, it
is recommended that planning permission be refused for the reasons appended to
this report. 
(C) CONSULTATIONS:   
Roads and Amenity Services:
No objections subject to conditions. 
Scottish Water:
No objections. Note the development would be fed from Colonsay Water Treatment
Works (unable to confirm current capacity) and that there is no Waster Water
infrastructure within the vicinity of the proposed development. 
(D) HISTORY:  
Of most relevance:

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
23/01310/PREAPP, advice provided 12.09.2023. 
(E) PUBLICITY:   
Advert Type: Regulation 20 Advert Local Application (expiry 06.06.24) & Neighbour
Notification (expiry 23.05.25). 
(F) REPRESENTATIONS:   
(i) Representations received from: 
- Mrs Sheena Nisbet, An Taigh Geal, Scalasaig.
- Dr Michele Burnam, Fasgadh Nan Chraobham Glassard, Isle of Colonsay.
- Donald Carmichael, 1 Glassard 
Representations are published in full on the planning application file and are available to
view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
• The site is used as a soak away for nearby property. 
Comment: Based on the available evidence and comments submitted, this would not be a
matter that would justify withholding planning permission in principle for. Further details
regarding proposed drainage arrangements could be secured by planning condition. 
• Proposal breaks with tradition on that side of the island with no properties
overlooking another one.
• Concerns regarding overshadowing and noise in relation to the siting of
the double garage.
• Concerns regarding parking and the resultant effect this would have on
neighbouring amenity and unofficial passing place/road safety
• There is limited information in the planning application so we are unable
to discern whether it would cause overshadowing. 
Comment: Planning permission in principle is sought at this stage. Taking into account the
separation distances involved from neighbouring properties, it is considered that a detailed
design could be secured at a later stage which would not result in a materially adverse effect
on the amenity of neighbouring occupants. 
• The site is frequented by wild goats, a buzzard and hen harrier.
• There are other areas on the island where building would not break with
tradition and cause less wildlife disturbance. 
Comment:  The site is not within or near to any ecological designation.  Limited evidence
has been submitted by respondents to demonstrate the likely presence of protected species
at the site. Subject to planning conditions (including to secure a Tree Protection Plan and
biodiversity enhancement measures) it is considered that there is no justifiable ecological
basis to withhold planning permission. 
• Would be concerned if commercial activities were to take place.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
Comment: Planning permission is sought for a residential dwelling.  As such, commercial
activities do not form part of the proposed development. 
• The site location is described incorrectly. The proposal should be
considered as an extension of the planned settlement of Glassard the
character of which should be safeguarded on terms of landscape and
building design. Planning conditions need to go further than simply
stating ‘one and a half storey.’ 
Comments: The description of the site location has not prevented a satisfactory assessment
of the proposed development. Landscape related matters are assessed further below. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No (if Yes insert
EIAR topics below)  
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No (if Yes
attach as an appendix)  
(iii) A Design or Design/Access statement:   
The application is accompanied by a Supporting Statement. 
The Supporting Statement sets out the planning, site appraisal,
design and sustainability context of the proposed development. 
☒Yes ☐No (if Yes insert
summary of key issues
below)  
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist
☒Yes ☐No
☒Yes ☐No  
(v) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No (if Yes list
supporting documents
below) 
The submission is also
accompanied by a
documentation regarding
the landscape and visual
effect of the proposal. 
This includes a Visual
Baseline, Landscape
Character Assessment,
a Proposed Landscape
Character Assessment,
and Mitigation and
Enhancement.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No (if Yes insert details of the
terms and heads of agreement and,
grounds for refusal if not completed
within 4 months below)   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No (if Yes insert details of direction below)    
(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
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste 
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 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
Policy 06 – Green Infrastructure
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment 
Connected Places 
Policy 33 – Public Transport
Policy 34 – Electric Vehicle Charging Points
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 55 – Flooding
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 77 – Forestry, Woodland and Trees
Policy 79 – Protection of Soil and Peat Resources 
Local Development Plan 2 Schedules 
(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. 
• Third Party Representations
• Consultation Reponses
• Planning History
• ABC Technical Note 3 – Houses in Multiple Occupation (April 2019)
• 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 Landscape Studies
• ABC Housing Needs and Demand Assessment
• ABC Housing Emergency Statement 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No (if Yes confirm date of screening opinion and
reference below)    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No (if Yes provide summary detail of PAC below)

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
(M) Does the Council have an interest in the site:  ☐Yes ☒No (if Yes provide detail
below) 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No (if Yes insert details
below)    
(O)(i) Key Constraints/Designations Affected by the Development:
• N/A 
(O)(ii) Soils
Agricultural Land Classification:  Class 4.20
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  
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  ☐Brownfield
☐Brownfield Reclaimed by Nature
☒Greenfield
ABC LDP2 Settlement Strategy
☐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 
Planning permission in principle is sought for the erection of a dwelling house, at land south
east of High Tor Cottage, to the north east of Scalasaig. The proposed site would be located

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
to the south of the B8087, south east of High Tor, and to the south west of Fasgadh Nan
Craobha. The submitted General Development Layout Plan indicates potential build areas
for the proposed dwelling. 
Principle 
Of relevance, NPF4 Policy 9b sets out that proposals on greenfield sites will not be
supported unless the site has been allocated for development or the proposal is explicitly
supported by LDP policies.  Policy 17c ‘Rural Homes’ states that development proposals for
new homes in remote rural areas will be supported where the proposal supports and
sustains existing fragile communities, supports identified local housing outcomes and is
suitable in terms of location, access and environmental impact. 
For planning purposes, the site is located within the Countryside, and as such LDP2 Policy
02 applies. Whilst it is not considered that the proposal comprises infill or rounding off
development, LDP2 Policy 02 nonetheless gives a presumption in favour of sustainable
development where this is of an appropriate scale, design, siting and use for its countryside
location, as detailed in the relevant subject policies such as set out in the relevant
sustainable siting and design policies of LDP 2. Courtesy  out 
NPF4 Policy 15 (Local Living and 20 minute neighbourhoods) and LDP2 Policy 08 are also
relevant, and in summary and combined seek to ensure that development contributes to
local living and is within easy access of existing infrastructure and services.  As Scalasaig
is a short distance from the site and contains services and facilities that future occupants
could utilise and support, the proposal would accord with these policies. 
Subject to consideration of the matters set out below, the proposal would be acceptable in
principle.   
Landscape character & appearance 
The raised profile and trees/vegetation of the site currently marks the termination of
dwellings being sited to the east of the B8087 and effectively terminates development at
Glassard. South of the site towards the shoreline consists of raised exposed rocky outcrops,
which continues along the shore to the southwest, to the front of nearby residential
properties. The site is strongly visually associated to this landscape context. In contrast, the
shoreline to the front of properties at Glassard is more gently sloped which further visually
distinguishes development and landscape character at Glassard from the application site. 
In terms of development pattern, the site occupies a location wherein the development
pattern (beginning with High Tor) is to the western side of the B8087 (i.e, not in front of the
road along the exposed elevated shoreline). Development here is in the main one plot deep.
Overall, the pattern of development in the locality and the positive role the existing site has
as a landscape feature defining and maintaining this pattern combine to create a spacious
and ordered character along the bay, appreciable from the surrounding area.   
The submissions made by the applicant propose the retention of significant trees within the
site and set out that a landscaping strategy would allow screening and integration to the
wider area. It is also proposed that non-native planting at the site (with a naturally limited
life span) would be replaced with native planting. It is understood that the scale of
development would be similar to or lower than that of the surrounding dwellings, and that
the dwelling could be sited in line with adjacent development.  It is also noted that the site
is not located within a designated landscape designation, and at this stage solely planning
permission in principle is sought, with detailed design matters to be considered at a later
stage.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
The applicant notes that the settlement boundary encompasses land to the south of B8087
opposite Glebe Cottage and The Surgery. However, it does not necessarily follow that the
principle of housing development would be acceptable at the noted areas because of its
presence within the settlement boundary; any potential proposal would be assessed on its
own merits, with landscape and visual effect being a key determinative consideration. 
Having carefully considered the additional documentation submitted by the applicant, it is
considered that the application site in principle is incapable of accommodating a dwelling
without having a materially adverse effect on the landscape character and appearance of
the surrounding area. Reinforcing this view is the likely engineering works required to
develop the uneven terrain of the site, alongside domestic garden paraphernalia that would
likely be associated with the proposed house.  The overall resultant harm of the residential
development of the site would be noticeable from the wider area, given that the site is open
and prominent. 
The proposed development would have an unacceptable effect on the landscape character
and appearance of the surrounding area. Consequently, it would be contrary to LDP2 policy
02, 04h), 05, 08, NPF4 Policy 4a, 14 and 17 which are of most relevance to this matter. 
Amenity of surrounding occupants 
Given the separation distances involved, and noting detailed design would be a matter for
future consideration, it is not considered that the proposed development would result in a
materially harmful effect on the amenity of neighbouring occupants. 
Roads 
Roads and Amenity Services have raised no objections to the proposed development
subject to planning conditions. On this basis, the proposal raises no substantive concerns
in respect of roads and parking provision, details of which could be secured by planning
conditions. 
Supporting Infrastructure 
The proposed development would utilise public water supply to which Scottish Water have
raised no objection.  As the site is not located in an area served by a mains sewer, private
drainage arrangements would be required. Such details could be secured by planning
condition.   
Biodiversity 
The site is not near or within any protected ecological site nor is there any substantive
evidence to indicate that the proposal would adversely affect protected species or protected
ecological designations. Trees are on site but there is sufficient room to site a dwelling that
would avoid tree loss.  Planning conditions could be used to secure a Tree Protection Plan
and to secure landscaping measures. Such landscaping measures would require the
proposed development to secure biodiversity enhancement as required by NPF4 Policy 3c. 
Other Matters 
Based on SEPA’s Flood Risk Maps, a small part of the site to the south-west is subject to
surface water flooding. This part of the site slopes down and away from the roadside.
Accounting for site topography and the small area of flood risk involved, it is considered that
surface water drainage matters could be appropriately addressed by planning condition.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
It is noted that the proposed development would be adjacent to an existing settlement, and
future occupants would help support local shops and services. In addition, there is no reason
to doubt that the dwelling could be designed to a very high standard and would comprise a
modern low energy Passive home. The proposal would also help meet current demand for
housing, particularly in the context of the Council declaring a housing emergency and no
concerns have been raised by consultees. 
The applicant asserts that the pre-application advice received on balance encouraged the
submission of a planning application. Such advice is provided without prejudice to the
planning authority’s assessment of any subsequent formal planning application. It is noted
that the pre-application advice provided did not raise any substantive concerns regarding
residential development of the site, although it did note that a Visual Landscape Impact
Assessment might be required to assess the proposed development.  Additional landscape
related documentation has been submitted as part of this planning application, which has
not allayed concerns regarding the proposed development. Moreover, the planning authority
must determine the application based on its own merits. 
The appellant asserts that the settlement boundary for Glassard is incorrect. However, the
LDP2 has been independently examined, was found to be sound, and subsequently
adopted by the Council. Moreover, the determination of a planning application does not
provide the remit to amend a development plan settlement boundary for an area. 
Overall, the matters raised by the applicant in support of the proposal combined do not
outweigh the harm and resultant policy conflict identified above in relation to landscape
character and appearance, which justify planning permission in principle being refused for
the proposed development. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Refused: 
The proposal is considered to be in conflict with the relevant provisions of the
Development Plan when taken as whole, and there are no other material considerations
of sufficient significance to indicate that it would be appropriate to grant planning
permission having regard to s25 of the Act. As such, planning permission should be
refused for the proposed development. 
(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 (If yes provide detail below)   
Author of Report: Bryn Bowker  Date: 12.03.2025

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
Reviewing Officer: Peter Bain Date: 21.03.2025 
Fergus Murray
Head of Development & Economic Growth

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. (Insert Application
Ref.) (Copy Reasons into Uniform Decision Tab) 
1. The visually prominent application site currently makes a positive contribution to the
landscape character and appearance of the surrounding area. Residential
development of the site would undermine this positive contribution, resulting in a
pattern of development that is out of keeping with that in the surrounding area. As a
consequence, the proposed development would have an unacceptable adverse effect
on the landscape character and appearance of the surrounding area, and therefore
would be contrary to LDP2 policy 02, 04h), 05, 08, NPF4 Policy 4a, 14 and 17 which
are of most relevance to this matter.

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
ADDITIONAL NOTES TO APPLICANT (Copy Informative Notes to Uniform Decision
Tab) 
• N/A

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application: 24/00770/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
(Complete
Uniform
Reception,
Plans Tab) 
(B) The reason why planning permission has been refused: 
The proposal is considered to be in conflict with the relevant provisions of the
Development Plan when taken as whole, and there are no other material
considerations of sufficient significance to indicate that it would be appropriate to
grant planning permission having regard to s25 of the Act. As such, planning
permission should be refused for the proposed development.

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Page 20

Thank you for your time.
Regards  
Alan MacDonald  Technologist 
Bracewell Stirling Consulting
CHARTERED ARCHITECTS
15 Lochside Street, Oban, PA34 4HP   
Also at:
Tillicoultry:             38 Walker Terrace, Tillicoultry, FK13 6EF
Inverness:              5 Ness Bank, Inverness, IV2 4SF 
RIAS Chartered Practice | ISO 9001, 14001 & 45001 Registered Firm | Building Standards Section 6 Certifier of
Design | Passive House Designer    
-----Original Message-----
From: planning.hq@argyll-bute.gov.uk <planning.hq@argyll-bute.gov.uk> 
Sent: Tuesday, June 25, 2024 3:24 PM
To: Planning <
Subject: 4865 24/00770/PPP - Extension of Time Letter  
Please see attached  
________________________________  
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