Printed minutes
Argyll and Bute Council · 1 May 2025
Back to Argyll and Bute Local Review Body — 1 May 2025 and its agenda
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held in MEETING ROOM 1, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on THURSDAY, 1 MAY 2025 Present: Councillor Gordon Blair (Chair) Councillor Jan Brown Councillor Liz McCabe Attending: Emma Ledsom, Senior Solicitor (Adviser) Fiona McCallum, Committee Services Officer (Minute) 1. APOLOGIES FOR ABSENCE There were no apologies for absence. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CONSIDER NOTICE OF REVIEW REQUEST: GLENAROS ANNEXE, DRUMMORE ROAD, OBAN, PA34 4JL (REF: 25/0002/LRB) The Chair, Councillor Gordon Blair, welcomed everyone to the meeting. He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Ms Ledsom, who would provide procedural advice if required. He referred to an accompanied site inspection held earlier today (see note of site inspection attached as Appendix A to this Minute) and to further information requested from the Planning Officer at the previous meeting held on 11 March 2025, and advised that his first task would be to establish if the Members of the LRB felt that they had sufficient information before them to come to a decision on the Review. All the Members of the LRB confirmed that they had sufficient information before them and the proceeded to determine the case. Councillor Blair proposed the following Motion: The reason for refusal of this application was that the proposed development conflicts with Policy 13 of the adopted ‘National Planning Framework 4’ and Policy 35 of the adopted ‘Local Development Plan 2’ as the proposed development would result in the intensification in vehicular use of a substandard public road with no delineation between pedestrian or vehicular use. I’ve noted that while the Report of Handling states that a suitable access regime to serve the proposed development cannot be achieved, it also states that the proposed use of the annexe for short term holiday letting does not raise any adverse privacy, amenity or visual impact issues, or result in the loss of useable residential accommodation. Permission has already been granted for the use of the annexe as ancillary to the house and there was no objection to this application on any other policy grounds from the Planning Department.
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Turning to the road safety issues identified by the planners/roads department, in relation to the sub-standard public road and potential implications for road users and members of the public. It has been confirmed at the site visit that there had been no recorded traffic incidents along the access road and it has been helpful to have had the opportunity of undertaking the site visit. The impact of the intensification on road safety is a subjective matter and while I understand the concerns of the planners/roads department about Drummore Road and the junction between Soroba Road and Drummore Road, the road users should be driving to road conditions with appropriate levels of care. Having considered the representations of all the interested parties and having had the benefit of the site visit, I do not consider that the minimal intensification of the use of the road due to the use of the annexe as a holiday let will cause an increase in road safety issues, such as to warrant a refusal of this application. I am of the view therefore that this application can be approved and I would therefore move that the application is approved as a minor departure from Policy 13 of ‘National Planning Framework 4’ and Policy 35 of the adopted ‘Local Development Plan 2 subject to the conditions and reasons provided by the planners as detailed on pages 3 to 5 of the papers for today’s meeting but with one amendment to condition 2 – the Occupancy Restriction, so that the words “two bedrooms” are replaced with the words “any bedrooms”. The Occupancy Restriction Condition would therefore read as follows: “Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the annexe hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year. Furthermore, the annexe must not be occupied during any period when any bedrooms within the principal dwelling house are operating as [or being occupied as] bed and breakfast or guest house accommodation. Reason: In order to define the permitted occupancy having regard to the fact that the premises are unsuitable for permanent residential occupation and in the interests of road safety to ensure that vehicle numbers using the private access do not increase beyond current levels”. This Motion was unanimously supported by Councillor Brown and Councillor McCabe. Decision The Argyll and Bute Local Review Body, having considered the merits of the case de novo, unanimously agreed to grant planning permission as a minor departure from Policy 13 of ‘National Planning Framework 4’ and Policy 35 of the adopted ‘Local Development Plan 2, subject to the following conditions and reasons: 1. PP - Approved Details & Standard Notes – Non EIA Development
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The development shall be implemented in accordance with the details specified on the application form dated 05/07/24, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Site & Location Plans – Scheme Design 2427 01 08/07/24 Annexe Floor Plan & Elevations – As Existing & Scheme Design 2427 02 08/07/24 Supporting Statement – 3 Pages 06/08/24 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant Please note the comments contained in the consultation response from Scottish Water which is published in full on the planning application file available to view on the Public Access section of the Council’s website. 2. PP - Occupancy Restriction Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the annexe hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year. Furthermore, the annexe must not be occupied during any period when any bedrooms within the principal dwelling house are operating as [or being occupied as] bed and breakfast or guest house accommodation. Reason: In order to define the permitted occupancy having regard to the fact that the premises are unsuitable for permanent residential occupation and in the interests of road safety to ensure that vehicle numbers using the private access do not increase beyond current levels. Note to Applicant: • For the avoidance of doubt this permission only provides for the occupation of the premises on a short term basis on the grounds that the development is unsuited to full time residential occupation. Specifically the occupation of the premises as a dwelling shall require the benefit of a separate planning permission. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 will require the host of any new short-term let to apply to the Council for a licence. Further information can be found on the Council’s website: https://www.argyll- bute.gov.uk/licences/short-term-lets-licence. (Reference: Further information from Planning and comments from Applicant, submitted)
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Appendix A ARGYLL AND BUTE LOCAL REVIEW BODY NOTE OF MEETING OF SITE INSPECTION RE CASE 25/0002/LRB GLENAROS, DRUMMORE ROAD, OBAN, PA34 4JL THURSDAY 1 MAY 2025 In attendance Councillor Gordon Blair, Argyll and Bute LRB (Chair) Councillor Jan Brown, Argyll and Bute LRB Councillor Liz McCabe, Argyll and Bute LRB (by phone) Stephen Fair, Applicant’s Agent Claire Maitland, Applicant Fiona Scott, Planning Officer James Jackson, Traffic and Development Officer Emma Ledsom, Senior Solicitor Fiona McCallum, Committee Services Officer (Minutes) The Argyll and Bute Local Review Body (LRB) agreed on 1 May 2025 to conduct an accompanied site inspection. The purpose of the inspection was to view access the road to the development and seek clarity from the Roads Officer on the issues raised regarding the access and traffic intensification as a result of the proposed change of use. The Local Review Body convened at 11.00 am on 1 May 2025 at Glenaros, Drummore Road, Oban. The Chair welcomed everyone to the site inspection and introductions were made. The Chair welcomed all attendees and explained the procedure for the site visit. The following observations were made and points noted: 1. Councillor Blair sought and received confirmation from the Traffic and Development Officer that there have been no recorded traffic incidents along the access road. 2. The Roads Officer confirmed that their objection related to the possible intensification of traffic at the junction where the access road joined the main A816 - Soroba Road. 3. Other possible bed and breakfast establishments along the access road, which were known to the Applicant, were pointed out to the LRB Members. 4. The Planning Officer confirmed that there has been no other planning applications received for short-term let accommodation in the area. 5. The short-term let annexe was a one-bedroom unit with occupancy for up to 2 people. 6. The location of the off-street parking for the annexe was noted. This concluded the site visit.