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Consider Notice of Review Request: Land North of Penmore Mill, Penmore, Dervaig, Isle of Mull (Ref: 20/0001/Lrb)

Argyll and Bute Council · 18 November 2024
Back to Argyll and Bute Local Review Body — 18 November 2024 and its agenda

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SUPPLEMENTARY INFORMATION IN RESPECT OF: 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
20/0001/LRB 
REFUSAL OF PLANNING PERMISSION FOR
ERECTION OF DWELLINGHOUSE, OUTBUILDING
AND INSTALLATION OF SEPTIC TANK 
LAND NORTH OF PENMORE MILL
PENMORE
DERVAIG
ISLE OF MULL
ARGYLL AND BUTE 
08/10/2024

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BACKGROUND OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr and
Mrs Phil and Rae Tiernan (“the appellant”). 
Planning permission 19/01737/PP for the erection of dwellinghouse at Land North of
Penmore Mill, Penmore, Dervaig, Isle of Mull, Argyll and Bute (the appeal site”) was refused
by the Planning Service under delegated powers on 19/11/19. 
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 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. 
SUPPLEMENTARY REPORT 
Further to the previous supplementary statement and at the request of the Local Review
Body, the appellant has submitted additional planning policy information sufficient to enable
a new officer assessment of the proposed development under the provisions of the current
adopted Development Plan. This assessment is summarised here: 
(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 7 – Historic Assets and Places
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings
(includes provisions relevant to Greenfield Sites)
NPF4 Policy 11 – Energy
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

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NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
Argyll and Bute Local Development Plan 2 (Adopted 20th November 2023) 
Spatial and Settlement Strategy 
Policy 02 – Outwith 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 19 – Scheduled Monuments
Policy 21 – Sites of Archaeological Importance 
Connected Places 
Policy 34 – Electric Vehicle Charging Points
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 55 – Flooding
Policy 58 – Private Water Supplies and Water Conservation
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 78 – Woodland Removal
Policy 79 – Protection of Soil and Peat Resources 
(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)

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Settlement Strategy 
In terms of the adopted LDP2 the site is defined as ‘Outwith Settlement Areas’ within an area
identified as ‘Countryside Area' (CA) where Policy 02 of LDP2 gives a presumption in favour
of sustainable development, but only where it is of an appropriate scale, design, siting and
use for its countryside location, as set out in the relevant sustainable siting and design
policies of LDP2, notably Policies 70 to 76 in respect of the impact of the proposed
development on the landscape and natural environment. 
Development proposals will be required to demonstrate that there will be no unacceptable
adverse effects (either individually or cumulatively) on natural heritage resources, built
and/or cultural heritage resources, and landscape and visual amenity. For any development
where there is preliminary evidence that there may be such adverse effects, a landscape
and visual impact assessment, natural heritage assessment, or built and/or cultural heritage
assessment may be required. 
Policy 02 further states that certain development will be supported, generally without the
need for detailed environmental assessments, with these comprising, infill, redevelopment
opportunities of clusters; or previously developed sites. The development the subject of the
current Review is not considered to fall within any of these development categories. 
In CAs, where there are nature conservation or landscape designations in place, Policy 02
details that development proposals will have to demonstrate that they are compatible with
the designation interests. 
Proposed Development 
The application the subject of this Review proposes the construction of a relatively large
detached, one and a half storey dwellinghouse with a first floor balcony wrapping around the
entire north east facing end of the dwellinghouse, plus a detached single storey ‘pool house’
with attached ‘workshop’. This incidental building is lower in height that the proposed
dwellinghouse but would have a footprint area of approximately three quarters that of the
main dwellinghouse. 
Both buildings are of a traditional gable-roofed design and would be finished in rough-sawn
timber cladding and corrugated metal roofs. 
Servicing and Infrastructure 
The application proposes to utilise and extend an existing private vehicular access spurring
from the B8073 public road. A new private water supply and private sewage treatment plant
is proposed to serve the development. 
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.

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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.   
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. 
Policy 04 of LDP2 requires developers to demonstrate that they have considered a range of
sustainable development principles, a) to k), usually through the submission of sustainability
checklists for siting and building design and/or through the submission of an appropriate
level of information within a detailed written design statement. 
This requirement is further highlighted by LDP2 Policy 08 ‘Sustainable Siting’ and Policy 09,
‘Sustainable Design’. 
The relevant Sustainability Checklists have 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. 
NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss and
deliver positive effects from development and strengthen nature networks. 
With regards to the need in NPF4 Policy 3 to protect biodiversity, it is not considered that
there are any specific issues of compliance with this part of 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 can be delivered by planning condition. 
With a condition to secure adequate and proportionate biodiversity enhancement and
protection measures within the development, the proposal aligns with the broad aims of
NPF4 Policy 3 and is consistent with the requirements of LDP2 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.

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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 local landscape area or a site designated as a local nature conservation site or
within an area identified as wild land.   
The proposed development is considered to be consistent with NPF4 Policy 4 and does not
conflict with any associated policies set out in LDP2. 
NPF4 Policy 5 - Soils seeks to protect carbon-rich soils, to restore peatlands and to
minimise disturbance to soils from development. 
The development proposed by the current planning application seeks to exploit a relatively
level but elevated area of ground which is covered by a broad Class 3 Carbon and Peatland
designation and an agricultural land designation of 5.1 – improved grassland. 
No part of the development site is within any priority peatland habitat or would affect high
quality agricultural land. The proposed development is therefore considered to be in
accordance with NPF4 Policy 5 and LDP2 Policy 79. 
NPF4 Policy 6 – Forestry, Woodland and Trees seeks to protect and expand forests,
woodland and trees. 
Whilst the application site is immediately adjacent to an area of ancient woodland to the
south and east, no part of the development proposals will harm these important wooded
areas. Although the built development itself does not involve the felling of any trees, it is
considered that the proposed works to extend and consolidate the access to the site may
result in some minor tree loss. However, it is not considered that this limited tree loss will
conflict with the overarching policy aims of NPF4 Policy 6.  In this regard a planning
condition is recommended on any grant of permission to secure a tree protection and
retention plan to ensure that tree felling is kept to a minimum and that trees to be retained
are protected during the construction period.  This approach satisfies the requirements of
NPF 4 Policy 6 and LDP2 Policies 77 and 78. 
NPF4 Policy 7 – Historic Assets and Places seeks to protect and enhance historic
environment assets and places, and to enable positive change as a catalyst for the
regeneration of places. 
The development the subject of this application will not affect a Listed Building and neither is
it located within a Conservation Area or any other historic designation. 
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. In this case, it
is not considered that the proposed development will have a significant impact on historic
assets or places.   
Part (h) of Policy 7 seeks to ensure that proposed developments do not have an adverse
impact on Scheduled Ancient Monuments (SAM) and their settings. 
With regards to Part (h) of Policy 7, whilst there are two SAMs within the vicinity of the site;
SM10566 ‘Druimghigha Dun’, approximately 0.6 kilometres to the south of the development
site, and SM10564 ‘Dun nan Dall Dun’, approximately 0.8 kilometres to the north west of the
development, it is considered that the proposed development will have no materially harmful
impact upon the setting of either of these historic landscape features.

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Part (o) of Policy 7 seeks to ensure that where there is potential for non-designated buried
archaeological remains to exist below a site, developers will provide an evaluation of the
archaeological resource at an early stage to allow the Planning Authority to assess impacts.
However, notwithstanding the provisions of Policy 7 (o), whilst the site is within an area
identified as being archaeologically sensitive, it must be acknowledged that the West of
Scotland Archaeology Service (WoSAS) appear to have raised no objection to the planning
application as submitted in 2019. It is therefore considered that, whilst there is the potential
for archaeological discoveries within the site, this can be adequately addressed by a
planning condition being imposed on any grant of planning permission to secure an
archaeological watching brief for the site to be undertaken and agreed prior to work starting
on the proposed development.   
Accordingly, with a condition to secure adequate and proportionate protection measures for
the potential presence of archaeology, the proposal is considered to be in accordance with
Policy NPF4 Policy 7 and does not conflict with the historic environment policies set out in
LDP2 namely Policy 15, Supporting the Protection, Conservation and Enhancement of Our
Historic Built Environment, Policy 19, Scheduled Monuments and Policy 21, Sites of
Archaeological Importance which collectively seek to protect, conserve and enhance the
historic environment, ensure that the setting of SAMs is not affected by inappropriate forms
of development  and that the archaeological heritage of Argyll and Bute is protected. 
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. 
The development the subject of this Review is within the CA as defined by LDP2 and the site
is an area of greenfield land. In this regard Part (b) of Policy 9 states that proposals on
greenfield sites will not be supported unless the site has been allocated for development or
the proposal is explicitly supported by policies in the LDP.
Whilst LDP2 Policy 02, Outwith Settlement Areas, seeks to promote a more flexible
approach to development in areas identified as CA with Part A of Policy 02 giving general
encouragement to sustainable development, this applies only where the proposed
development is of an appropriate scale, design, siting and use for its countryside location, as
detailed in the relevant sustainable siting and design policies.   
Given the relatively isolated and somewhat elevated nature of the site for the proposed
development, it is considered that the Appellant must be able to demonstrate that the
development proposed is appropriate in terms of its local and wider landscape impact as
required by both national and local planning policy. This should be through the submission of
a ‘light’ landscape and visual impact assessment (LVIA). 
An LVIA has now been submitted and examined. This body of work is both comprehensive
and robust. It accurately describes the landscape characteristics and qualities of the site and
its surrounding area and identifies the key viewpoints both to and from the development site.
Officers welcome the submitted study and commend the quality of the work. Whilst it must
be recognised that the proposed development, due to its scale and location, is less than
ideal resulting in a minor to moderate landscape impact, officers agree with the overall
conclusions of the LVIA which state: 
● Higher ground to the North and West of the proposed site will provide a natural backdrop
to the proposed developments building envelope

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● Screening of site from B8073 from trees bordering the Allt Torr a’ Bhacain River 
● Partial Screening of site from the North East, which is the location of the 2 neighbouring
dwellings that have a view of the site 
● Does not compromise the relevant area designation 
● Materials and colours used on the proposed development will be in harmony with the
surrounding landscape 
● Will provide a dwelling for applicants who will continue to use the croft inline with its
history, will also free up applicants existing accommodation for other residents of Mull 
● No loss of existing landscape features as site is covered in grass only 
● Minimal groundworks required, existing track in place although overgrown with vegetation 
● Overall there are no significant constraints on the proposed site. 
● Views from common public accessed areas are over 1km away over Loch A Chumhainn
e.g Core paths on Quinish Estate and Viewpoint at Kilmore Standing stones 
● Sustainable development - renewable off grid energy supply, and telecommunications-
limits the amount of trenches required. 
On balance, therefore, it is considered that the proposal is considered to be consistent with
NPF4 Policy 9 and there is no conflict with the spatial and settlement strategy set out in
LDP2 Policy 02. 
NPF4 Policy 11- Energy seeks to encourage, promote and facilitate all forms of renewable
energy development, including energy generation, storage, and new and replacement
transmission and distribution infrastructure. 
NPF4 Policy 11(a) states that development proposals for all forms of renewable, low-carbon
and zero emissions technologies will be supported. Part of the proposed development,
through the provision of solar P.V. panels to part of the roof of both the dwellinghouse and
the detached pool building, would contribute to the expansion of low-carbon and zero
emission technologies and is thereby supported to that extent by NPF4 Policy 11 and there
is no conflict to this limited degree with the relevant parts of LDP2 Policy 09, Sustainable
Design, which seeks proposed developments to consider renewable sources of energy. 
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 secure permission for a
new single dwellinghouse and ancillary pool and workshop building. 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, the proposed development is considered to be in
compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy
63, Waste Related Development and Waste Management which seek to ensure that
effective provision for waste/recycling is provided within developments.

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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 secure permission for a single dwellinghouse with ancillary pool
house and workshop 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 and therefore a
condition is proposed to secure an Electrical Vehicle Charging (EVC) point within the site. 
The Area Roads Authority in their consultation response to the refused planning application
the subject of this Review raised no objections subject to improvements to the visibility
splays at the junction of the public road, the construction standard of the access and the
provision of three car parking spaces within the curtilage of the dwellinghouse. These
required improvements can be secured through the use of planning conditions and the
proposed development is therefore consistent with the broad aims of NPF4 Policy 13 and is
consistent with the requirements of LDP2 Policies 34, Electric Vehicle Charging Points,
Policy 37, Development Utilising an Existing Private Access 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’. 
Policy 14 states that development proposals will be supported where they are consistent
with the six qualities of successful places. This is underpinned by LDP2 Policy 5, Design and
Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10,
Design: All Development. These policies, 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. 
The applicant has submitted a design statement which adequately demonstrates that the
proposed development has been conceived through a design-led approach and the
application of the place principle. 
In this regard, the development the subject of this planning application is considered to be in
accordance 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. 
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. 
In terms of our adopted settlement strategy, the site of the proposed dwellinghouse is in an
area identified as being Outwith Settlement Areas where LDP2 Policy 02 seeks to promote a
more flexible approach to development in areas identified as CA, within which the site is
situated, with Part A of Policy 02  giving a presumption in favour of sustainable development

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where it is of an appropriate scale, design, siting and use for its countryside location, as
detailed in the relevant sustainable siting and design policies.   
The appellant has submitted the following statement seeking to address the requirements of
Policy 15: 
“The application site lies to the north of an established grouping of dwellings at Penmore and
is just 2 miles from Dervaig which is identified as a ‘Village/Minor Settlement’ in the recently
adopted LDP2. Dervaig contains a range of facilities including a primary school, post office
and store, church etc. Dervaig is furthermore only 7 miles from Tobermory, and the review
application site is served by the 494 Tobermory to Calgary to bus service.” 
In this instance, it is considered that the relatively 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 to both the minor settlement of
Dervaig and the main centre of Tobermory  where people can reasonably meet the majority
of their daily needs within a reasonable distance of their home. 
It is considered that the proposed development aligns with NPF4 Policy 15 and there is no
conflict with LDP2 Policy 02. 
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 consistent with NPF4 Policy
17, Rural Homes, being a suitable site which is in keeping with the character of the area. 
The proposed development is deemed to be consistent with NPF4 Policy 16 and there is no
conflict with LDP 2 Policy 01, ‘Settlement Area’. 
NPF4 Policy 17 – Rural Homes seeks to encourage, promote and facilitate the delivery of
more high quality, affordable and sustainable rural homes in the right locations. 
Policy 17 supports development proposals for new homes in rural areas where the
development is suitably scaled, sited and designed to be in keeping with the character of the
area and where the applicant has demonstrated how the development will contribute
towards local living and take into account local housing needs (including affordable housing),
economic considerations and the transport needs of the development as appropriate for the
rural location. 
The appellant has submitted a brief statement in this regard that states:

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“The review application, if approved, would provide for the erection of a new family home
that would accord with the Council’s key planning policy aim of supporting and sustaining
fragile rural communities by contributing to actions to reverse falling populations and thus
support the local economy. The application proposal therefore very much fulfils the aims and
aspirations of Policy 17 of NPF4, and furthermore does not conflict with any of the other
relevant policies of the LDP2. 
In addition to the above, as the Councillors on the LRB will know, in June 2023 the Council
was the first Local Authority in Scotland to declare a Housing Emergency. Declaring a
Housing Emergency was a call to action and was envisioned as being the catalyst to bring
partners, stakeholders, investors and communities together to prioritise and commit to the
collective action needed to tackle housing shortage. Research undertaken by the Council
has demonstrated that the lack of accommodation on the islands is stifling employment, and
thus economic growth.” 
It is considered that the development proposed accords with the broad aims of NPF4 Policy
17 and does not conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design
all Development, and Policy 67, Provision of Housing to Meet Local Needs. 
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. 
Due to the lack of public water or drainage infrastructure within the vicinity of the site the
application proposes private arrangements comprising a private water supply and private
drainage system.  At the time of planning application 19/01737/PP, the Council’s
environmental health service were recommending that no objection be raised subject to a
planning condition on the grant of permission to secure a report on the proposed private
water supply to ensure that it is sufficient to serve the proposed development and does not
impact on existing users of the same supply or adjacent supplies.  A condition can also be
imposed to secure details of the private drainage system.   
With the aforementioned conditions the proposed development aligns with NPF4 Policy 18
and is in accordance, in this regard, with LDP2 Policy 04, Sustainable Development, Policy
58, Private Water Supplies and Water Conservation and Policy 60, Private Sewage
Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable
infrastructure is available to serve proposed developments and give support to private water
supply and drainage arrangements where connection to the public systems is not available. 
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. 
As detailed at NPF4 Policy 18 above, the development the subject of this planning
application proposes a private water supply the details of which can be sought by planning
condition.   
With regards to the management of rain and surface water at the site, this can be controlled
thorough a condition imposed on the grant of permission to secure a suitable sustainable
drainage system for the site.  The proposal aligns with NPF4 Policy 22 and LDP2 Policy 55,
Flooding and Policy 61, Sustainable Drainage Systems. 
Conclusion

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Whilst officers remain of the opinion that the decision to refuse planning permission in
November 2019 was the correct response given the national and local planning policy
provisions in force at that time, it is recognised that the framework against which the
development must now be assessed has changed substantially since that time. The
currently adopted Local Development Plan, in particular, has opened up opportunities for
appropriate forms of sustainable development no longer necessarily constrained by board
locational factors. Having carried out a detailed reassessment of the development the
subject of this review against the current Development Plan and with the benefit of the
additional information provided by the appellant it is considered that the proposal is
consistent with the relevant provisions of the Development Plan which comprise National
Planning Framework 4 and Local Development Plan 2 and there are no other material
considerations of sufficient significance to indicate that it would be appropriate to
recommend the withholding of planning permission having regard to Section 25 of the Act. 
It is therefore now recommended that planning permission be GRANTED subject to the
following conditions and reasons: 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 19/01737/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on
the application form dated 15/08/19, 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 and Location Plan As Proposed  605(L)001  16/08/19 
Ground and First Floor Plan and
Elevations as Proposed 
605(L)002  16/08/19 
Additional Information  605(L)003   16/08/19 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
2. PP – Timescale to be Agreed for Completion 
Notwithstanding the effect of 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.

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Reason: In order to comply with the requirements of NPF4 Policy 16F  
3. PP – Junction with Public Road 
Notwithstanding the effect of Condition 1, the proposed access at the junction with
the public road shall be formed in accordance with the Council’s Roads Standard
Detail Drawing SD 08/004a and visibility splays of 2.4 metres to point X by 53 metres
to point Y from the centre line of the proposed access.  Prior to work starting on site
the access hereby approved 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 access 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. 
Reason: In the interests of road safety. 
Note to Applicant 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained
from the Council’s Roads Engineers prior to the formation/alteration of a junction
with the public road. 
• The access shall be constructed and drained to ensure that no surface water is
discharged onto the public road. 
• No walls, fences, hedges etc. will be permitted within 2 metre from the channel line
of the public road.  
4. PP - Parking and Turning Further Details Required 
Notwithstanding the provisions of Condition 1, no development shall commence until
full details of the layout and surfacing of a parking and turning area to accommodate
3 vehicles within the application site have been submitted to and approved in writing
by the Planning Authority in consultation with the Council’s Roads Engineers. The
duly approved scheme 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 interest of road safety.  
5. PP - Electric Vehicle Charging – Residential with Off Street Parking 
Prior to the commencement of the development (or such other timescale as may be
agreed in writing with the Planning Authority), a scheme detailing the provision of a
minimum 7kw electric vehicle charging point shall be submitted to and approved in
writing by the Planning Authority. Where charging cannot be provided then the
appropriate ducting to future proof the property must be installed. 
The approved charging point, or where relevant, the approved cable ducting shall be
installed in full prior to the first occupation of the development, and thereafter
retained in perpetuity unless otherwise agreed in writing by the Planning Authority 
Reason: To comply with the provisions of NPF4 Policy 13 Sustainable Transport and

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LDP2 Policy 34 – Electric Vehicle Charging.  
6. PP - Sustainable Drainage System 
Notwithstanding the effect of 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.  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.  
7. PP – Landscaping/Boundary Treatment/Biodiversity Enhancement 
Notwithstanding the effect of Condition 1, no development shall commence until the
detailed landscaping arrangements within the development have been submitted to
and approved in writing by the Planning Authority. 
The scheme shall include details of: 
i) Location, design and materials of proposed walls, fences and gates; 
ii) Proposed hard and soft landscape works; 
iii) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these
benefits will be implemented and maintained for the lifetime of the
development. 
All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’,
wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in
full before the development hereby approved is first brought into use. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being
brought into use. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of
the development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to: Developing with Nature guidance |
NatureScot as appropriate and the development shall not be occupied until such
time as the physical biodiversity enhancement measures have been completed. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity, and to comply with the requirements of NPF4 Policy 3.

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8. PP – Private Water Supply
No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved in writing by the Planning
Authority.
The appraisal shall be carried out by a qualified hydrologist and shall include a risk
assessment having regard to the requirements of Schedule 4 of the Private Water
Supplies (Scotland) Regulations 2006 which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained.
The appraisal shall also demonstrate that the wholesomeness and sufficiency of any
other supply in the vicinity of the development, or any other person utilising the same
source or supply, shall not be compromised by the proposed development.
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational.
Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be
provided to meet the requirements of the proposed development and without
compromising the interests of other users of the same or nearby private water
supplies.
Note to Applicant:
• Regulatory requirements for private water supplies should be discussed
with the Council’s Environmental Health Officers in the first instance.  
9.  PP – Residential Outbuilding
Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997, the detached workshop/pool building hereby
permitted shall be used for purposes incidental to the main dwellinghouse and shall
not be occupied independently thereof as a separate dwelling unit or as a short term
holiday let or otherwise for any commercial purposes.
Reason: To protect the amenity of the area and to define the permission on the basis
of the Planning Authority’s assessment of the use applied for.