Consider Notice of Review Request: Land East of Taliesin West, Garelochhead (Ref: 24/0008/Lrb)
Argyll and Bute Council · 2 June 2025
Back to Argyll and Bute Local Review Body — 2 June 2025 and its agenda
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Classification: OFFICIAL RESPONSE TO REQUEST FOR FURTHER INFORMATION FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY REFUSAL OF PLANNING PERMISSION FOR ERECTION OF SINGLE DWELLINGHOUSE AT LAND WEST OF MCAULAY BURN, GARELOCHHEAD PLANNING APPLICATION REFERENCE NUMBER 20/01822/PP LOCAL REVIEW BOARD REFERENCE NUMBER 24/0008/LRB 20th JANUARY 2025
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Classification: OFFICIAL INFORMATION REQUIRED The following request has been made: • In circulating the Protected Species Walkover Report, the LRB have afforded you [the planning authority] the opportunity to review and provide comment on the report and to review the conditions and reasons that may be attached to any approval of the application no later than 20 January 2025. • The LRB have also requested that the relevant planning obligation (either an agreement with the planning authority or a unilateral obligation by the appellant under section 75 of the Town and Country Planning (Scotland) Act 1997 or some suitable alternative arrangement as may be agreed by the parties) to be completed and registered or recorded, as the case may be, and submitted only to the LRB (localreviewprocess@argyll-bute.gov.uk) as soon as its recorded/registered or at the latest by 2 May 2025, being the end of the 26-week period. On the 6th January we received the comments from the Biodiversity Officer in relation to the Protected Species walkover survey and their recommendation for the amended conditions. The planning authority have reviewed the planning conditions and have set these out in the first section of this document. The conditions have incorporated the comments from the Biodiversity officer and the comments from SEPA made on 24th October in relation to the draft conditions. These are now a final set of conditions. In relation to the second request, we are working with the applicant to finalise either a planning obligation (Section 75 agreement) with the planning authority or a unilateral obligation by the appellant under section 75 of the Town and Country Planning (Scotland) Act 1997. In the absence of any further instruction from the LRB we are working to the recommended heads of terms provided in the previous further information request. The heads of terms seek to ensure the woodland, paths, memorial and any other works are retained, enhanced and maintained in perpetuity in the interest of amenity and to safeguard this Open Space Protection Area in the long term. Recommended heads of term: o Prior to start of any commencement of works on site, a site management plan shall be submitted to, and approved in writing by, the planning authority for the application site including the woodland and open areas, memorial and proposed new footpaths. o The site management plan must include management of any Invasive Non-Native Species, in particular Japanese Knotweed and enhancement of any habitats/species as identified in ecological and tree surveys (to be undertaken) of the site. o Details of what shall be included in the site management plan including a detailed action plan and timings for works and long-term maintenance of the footpaths. o Details of how frequently this site management plan shall be reviewed and updated (timescales) in agreement with the planning authority. o Details of how this site management plan will be implemented and reviewed in perpetuity.
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Classification: OFFICIAL Revised Draft Conditions Draft conditions and reasons to attach to the permission in the event that Members of the LRB are minded to approve the application with a planning obligation. Standard Time Limit Condition This consent constitutes a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended and as such does not authorise the commencement of development until matters requiring the further consent of the Planning Authority, as specified in Condition 1 (within the list of Additional Conditions below), have been satisfied. Application(s) for Approval of Matters Specified in Conditions must be made in accordance with the provisions of Regulation 12 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 within the time limits specified below. Any application for Approval of Matters Specified in Conditions must be submitted to the Planning Authority no later than three years from the date of this permission in principle. Any elements of the Planning Permission in Principle for which further approval of the Planning Authority has not been sought within the prescribed three year time period will no longer be capable of being implemented within the terms of this permission. The development to which this planning permission in principle relates must commence no later than five years from the date of this permission, or within the expiration of two years from the final approval of all Approval of Matters Specified in Conditions, whichever is the later. If the development has not commenced within this period, then this planning permission in principle shall lapse. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Standard Soil Condition Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 1. PPP - Matters Requiring AMSC Submission Plans, survey and other particulars of the matters specified in conditions 5, 6, 7, 8, 9, 10, 11, 12 and 13 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.
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Classification: OFFICIAL 2. PPP - Approved Details The development shall be implemented in accordance with the details specified on the application form dated 5th October 2020 and the approved drawings listed in the table below. Plan Title Plan Ref. No. Version Date Received Site location plan and indicative siting 2019_0057-03 D 13/01/2021 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. 3. PPP – Flooding The proposed house hereby permitted shall be sited to the west of McAuley Burn on ground levels of greater than 5.80mAOD (inclusive of a climate change allowance and free board of 0.6m). Reason: To ensure that the proposed house is not at risk of flooding. 4. PPP – Removal of Permitted Development Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 3A, 3AA, 3C, 3E and Part 2 and Class 7 of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE 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 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 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. PART 2: SUNDRY MINOR OPERATIONS Class 7: The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure. 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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Classification: OFFICIAL Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity and flooding, 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). 5. 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. 6. PPP - Design and Finishes of Dwellinghouse Pursuant to Condition 1 - no development shall commence until plans and particulars of the site layout including final curtilage of the dwellinghouse, design and external finishes of the dwellinghouse have been submitted to and approved by the Planning Authority. These details shall incorporate: i. A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii. A statement addressing the biodiversity surveys and how they have been taken into account in terms of siting/design; iii. Details of finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site, along with details of the existing and proposed site levels shown in the form of sectional drawings/contour plans/site level survey, or a combination of these; iv. Details of an area within the application site for the placement of refuse/recycling bins and EV charge point; v. Details of the re-defined curtilage of the dwellinghouse taking into account the topography of the site, the walkover report, any natural features and the forthcoming tree survey. 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 surroundings. 7. PPP – Design and Finishes of Public realm works Pursuant to Condition 1 - no development shall commence until plans and particulars of the design and materials of the proposed public realm works have been submitted to and approved by the Planning Authority. These details shall incorporate: i. Details of the construction specification for the paths; ii. Details of any benches and seating; iii. Details of location and materials to be used in forming the area around the Memorial; iv. Details and location of the proposed Memorial. The approved Public realm works shall thereafter be fully completed prior to development commencing on the dwellinghouse plot.
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Classification: OFFICIAL Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the public realm works with its surroundings. 8. PPP - Roads, Access and Parking 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 vehicular access at the junction with the B833 public road in accordance with the Council's Roads Standard Detail Drawing SD 08/005B with visibility splays measuring 2.4 metres to point X by 42 metres to point Y from the centre line of the junction; ii. The provision of parking and turning in accordance with the requirements of Policy 40 and the Car Parking Standards of the adopted 'Argyll and Bute Local Development Plan 2' 2024; iii. The provision of a bin storage area adjacent to the public road. 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. 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. 9. PPP - Sustainable Drainage System Pursuant to Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA's SuDS Manual C753 and the details shall first submitted and approved in writing with the planning authority. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Further advice on SuDS can be found in SEPA's Standing Advice for Small Scale Development - www.sepa.org.uk 10. PPP – Tree Survey, Retention and Protection Pursuant to Condition 1 - no development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise:
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Classification: OFFICIAL i) A survey of trees on, and overhanging, the entire site indicating the location, species, height, canopy spread and condition of each tree and specify any trees to be removed due to health or safety reasons; ii) An assessment of the amenity and nature conservation value of tree groups and individual trees which shall inform the layout of the development proposed; iii) A programme of measures for the protection of trees during construction works which shall include the positioning of fencing in accordance with BS 5837:2012 "Trees in Relation to Design, Demolition and Construction"; iv) Details of additional and replacement tree planting within the site; v) All trees identified with potential bat roost features should be retained where possible and if to be removed, then a suitable bat mitigation scheme shall be submitted and approved in writing with the planning authority. Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority. Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation. 11. PPP - Landscaping and Biodiversity Enhancement (Dwellinghouse plot) Pursuant to Condition 1 - no development shall commence until a scheme of boundary treatment, surface treatment and landscaping for the curtilage of the dwelling has been submitted to and approved 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. Location design and materials of proposed walls, fences and gates; iv. Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v. A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development; vi. A programme for the timing, method of implementation, completion and subsequent maintenance. 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. 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 dwelling house 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
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Classification: OFFICIAL 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 assist with the integration of the proposal with its surroundings in the interests of amenity. 12. PPP - Landscaping and Biodiversity Enhancement (Public realm works) Pursuant to Condition 1 - no development shall commence until a scheme of boundary treatment, surface treatment and landscaping for the public realm works has been submitted to and approved 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. Location design and materials of proposed walls, fences and gates; iv. Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v. Details of how the scheme will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development; vi. A programme for the timing, method of implementation, completion and subsequent ongoing maintenance; vii. Location of bat / bird / red squirrel boxes, retention of log piles; viii. Location and species of woodland meadow mix, timings of planting and programme of ongoing monitoring and management; ix. Location and species of bee, bird and butterfly meadow mix, timings of planting and programme of ongoing monitoring and management; x. Location and species of hedging mix, timings of planting and programme of ongoing monitoring and management; xi. Throughout the construction period the applicant is required to consult with an appropriate expert on the removal of the Invasive Non-Native Species (INNS) on site to ensure it is removed appropriately and with minimal impact on the surrounding environment. All of the hard and soft landscaping works and biodiversity enhancement measures shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority prior to works beginning on the dwellinghouse (part of this decision). 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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interests of amenity. 13. PPP - Construction Environmental Management Plan (Public realm works)
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Classification: OFFICIAL Pursuant to Condition 1 – no development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and agreed in writing by the Local Planning Authority. The approved plan shall be fully adhered to throughout the construction period, and shall provide, amongst other things, for: i. The CEMP shall include the appropriate mitigation measures as recommended within the Protected Species Walkover Report; ii. Pollution prevention measures; iii. Identification of any sources of dust and assessing the impacts on those living nearby and incorporation of suitable measures for controlling dust; iv. Measures for preventing spills; v. Temporary lighting details; vi. Specifications and a timetable of works for the construction phase of the development; vii. Staff training as induction for work on site including a Toolbox Talk detailing the potential for protected species and how harm is to be avoided should these be encountered; viii. Measures to avoid entrapment or harm to mammals; ix. Pollution prevention measures including management of plant, materials, chemicals and fuels, and washing/storage arrangements; x. Measures to prevent light spillage to surrounding spaces in particular woodland and rivers; xi. The parking of vehicles of site operatives and visitors; xii. Loading and unloading of plant and materials; xiii. The erection and maintenance of any security hoarding/fencing; xiv. Details of minimising the impact of noise-generating works on nearby residential properties - best practicable means for the mitigation of noise and vibration, as per BS 5228-1 and 2:2009+A1:2014, must be identified; xv. A pre-works inspection by a licensed bat ecologist to confirm the absence of bats immediately before construction begins; xvi. The use of low-impact methods of construction, such as hand tools near potential bat roost features, to reduce disturbance; xvii. Scheduling of work within non-sensitive periods in relation to bats (late November until March). The submitted details shall have regard to SEPA's Guidelines for Pollution Prevention 5: Works and maintenance in or near water and current guidance from the Institute of Lighting Professionals regarding the reduction of obtrusive light. Reason: In the interests of biodiversity and in the interests of residential amenity. 14. PPP - Ecological Clerk of Works (Public realm works) Throughout the construction of the public realm works, an appropriately qualified ‘Ecological Clerk of Works’ (ECOW) shall be available to direct the micro-siting of the paths, benches and memorial, to ensure that sensitive features are avoided, and that habitat enhancement works and all mitigation and restoration measures are fully implemented. The ECOW shall liaise with Councils Biodiversity Officer and the role of the ECOW shall be clearly conveyed to all personnel prior to their commencement of work on the site. Reason: In the interests of nature conservation.
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Classification: OFFICIAL Draft Informatives In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the following ‘Notice of Initiation of Development’ form to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. 4. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed