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2024_09_17 - Grounds for Review (Additional Information)

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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REQUEST FOR REVIEW OF DECISION TO
REFUSE PLANNING PERMISSION FOR THE 
ERECTION OF DWELLINGHOUSE,
OUTBUILDING AND INSTALLATION OF
SEPTIC TANK, LAND NORTH OF PENMORE
MILL, PENMORE, DERVAIG, ISLE OF MULL
(LPA REFERENCE 19/01737/PP) 
GROUNDS FOR REVIEW (ADDITIONAL
INFORMATION REQUESTED BY LOCAL
REVIEW BODY) 
Submitted on behalf of Mr Phil and Mrs Rae
Tiernan

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REQUEST FOR REVIEW OF DECISION TO REFUSE PLANNING PERMISSION FOR THE 
ERECTION OF DWELLINGHOUSE, OUTBUILDING AND INSTALLATION OF SEPTIC TANK,
LAND NORTH OF PENMORE MILL, PENMORE, DERVAIG, ISLE OF MULL (LPA
REFERENCE 19/01737/PP) 
GROUNDS FOR REVIEW (ADDITIONAL INFORMATION REQUESTED BY LOCAL REVIEW
BODY) 
1. Background: 
1.1 In October 2007 a meeting was held with a now unknown Planning
Officer, in order to discuss the erection of the proposed dwelling on the
site known as ‘The Coidh’, i.e. the current application site.  This site was
however not favoured by the Planning Officer, on the basis that it was not
within the soon to be adopted Rural Opportunity Area (ROA).  The
Planning Officer therefore advised that the applicant’s look at alternative
sites on the croft that were also within the proposed ROA. 
1.2 In November 2007 a second meeting took place on the site, this time with
the original Planning Officer and a Mr Ewen Stewart.  Two potential sites
within the ROA were looked at, but both of these were not considered to
be suitable development sites.  Mr Stewart (who had not been at the
previous site visit) asked to see the original site, i.e. the current application
site.  On seeing this site, the applicants were advised that this was the
most preferable site, and that they should apply for outline planning
permission for the development of this (even though as noted above the
site was not within the proposed ROA). 
1.3 Following these meetings, on the basis of the advice provided by Mr Ewen
Steward, outline planning permission for the erection of a dwellinghouse
on the same site as the review application was approved in June 2008
(LPA reference 08/00438/OUT).  Following this, in December 2010, full
planning permission for the erection of a dwellinghouse and shed, again
on the same site as the review application, was approved (LPA reference
10/01597/PP). 
1.4 In November 2012 the building warrant approval for the erection of the
approved dwelling was granted (LPA reference 12/00453/ERD).  Some
months prior to this works commenced on site.  In June 2012 the access
track was formed with rotten rock dug from a borrow pit adjacent to the
site, and in July 2012 the base for the shed laid (also with rotten rock dug
from same borrow pit). 
1.5 Finally, in September 2017, the applicant telephoned the Planning Office

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in order to discuss the possibility of amending the design of the previously
approved dwelling.  He was advised verbally that as a previous planning
permission had been granted this “should not be a problem”. 
1.6 The review application, for the amended house design, was submitted in
August 2019.  Notwithstanding the two previous approvals for the erection
of a house on the application site, and the verbal advice that this “should
not be a problem”, planning permission was this time around refused for
the following reason: 
“The site lies within the designated Countryside Zone wherein Policy
LDP DM 1 of the Adopted Argyll and Bute Local Development Plan
(LDP) 2015 gives encouragement to appropriate infill, rounding-off
and redevelopment and changes of use of existing buildings.  In
exceptional cases development in the open countryside up to and
including large scale may be supported on appropriate sites it this
accords with an Area Capacity Evaluation (ACE).  In this case the
site does not present any opportunities for infill, rounding-off,
redevelopment or change of use of existing buildings and no
detailed and/or acceptable exceptional case argument has been
demonstrated.  Additionally, Supplementary Guidance SG LDP HOU
1 states that there is a presumption against small-scale housing
development in the open/undeveloped areas of the Countryside
Zone.  The principle of development is therefore contrary to the
settlement strategy of the LDP and cannot be supported.  There are
no material considerations of sufficient weight which demonstrate
that the proposal should be determined otherwise in accordance
with the development plan.” 
1.7 An application for review, in respect of this refusal, was lodged in
December 2019.  This application was considered by the Local Review
Body (LRB) on 19 February 2020 (Document A) and again on 16
September 2020 (Document B).  At the meeting on 16 September 2020
Councillor Moffat read out the following Motion: 
“Colleagues, I am of the view following consideration of all the
information that this application should be approved, it supports the
Council’s objective of inward development and regeneration of our
Island Communities and Policy LDP 8 supports new sustainable
development proposals that seek to strengthen communities. 
Supplementary Guidance SG LDP HOU 1 gives general support to
new housing provided there is no unacceptable environmental,
servicing or access impact.  There have also been 2 previous
approvals for a similar development of this site which did not

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identify any issues in regard to the scale, design, siting or use
thereby demonstrating that the proposal can be successfully
integrated into its landscape setting.  There is an indication in
information provided to the LRB by the Planners that once LDP2 can
be afforded substantial material weight, that might afford the
appellants the opportunity to revisit their proposed development
upon this site and for officers to consider it in a more positive light –
officers have expressed that view to the appellants and are keen to
find a sustainable ‘solution’. 
However, I’ve been advised that at this point in time it is not possible
to get a competent motion to approve the application.  The
reasons for that are that the application does not accord with the
current adopted plan LDP1 and the only material consideration
that I have been able to identify is a possible minor departure from
the current adopted plan LDP1 on the basis that LDP2 is a material
consideration that could be brought to bear.  LDP2 is currently at
Proposed Plan stage and there are unresolved objections/
representations relating to Policy 02, which has been mentioned by
the Applicants agent as a justification for departing from the current
adopted plan and to Policy 71. 
As these Policies require to be considered by the Scottish
Government Reporters their application in terms of LDP2 is as yet
unresolved, therefore the weight that could be attached to them is
not sufficient to allow them to be utilised as material considerations
at this point in time, in any motion that would allow a minor
departure from the current adopted plan. 
I would therefore like to move a Motion that consideration of this
application be continued until the new LDP2 has been finalised.” 
1.8 The motion moved by Councillor Moffat was agree and consideration of
the application was continued. 
1.9 Some four years later the LRB met again, on 19 August 2024, in order to
consider the application for a third time.  After considering the application
the LRB requested that the applicant submit further written information as
follows: 
1. Submission of the Sustainability Checklist and commentary
addressing LDP2 Policies 04, 05 and 08.
2. Submission of the Sustainable Buildings Checklist and commentary
addressing LDP2 Policy 09.

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3. A statement addressing the policy requirements of NPF4 Policy 14,
the ‘Six Qualities of Successful Places’.
4. A statement addressing the requirements of NPF4 Policy 15.
5. A statement addressing the requirements of NPF4 Policy 17 b) and, if
applicable, 17 c).
6. A ‘light’ LVIA in accordance with Light LVIA part 1 Light LVIA part 2
Light LVIA part 3.
7. Any further information the Applicant considers appropriate to
submit which would support approval of this development in terms
of LDP2, NPF4 and other relevant planning policies. 
2. The Development Plan: 
2.1 In the four years since the Local Review Body first considered this
application the policy context has changed significantly.  The
Development Plan now comprises the National Planning Framework 4
(February 2023) and he Argyll and Bute Local Development Plan 2
(February 2024). 
2.2 Section 13 of the Planning (Scotland) Act 2019 is now in force.  This alters
Section 24 of the 1997 Act to state that in the event of ‘any
incompatibility’ between a provision of the National Planning Framework
(‘the NPF4’) and a provision of a Local Development Plan (‘the LDP2’),
whichever of them is the later in date is to prevail. 
2.3 The policies of the NPF4 referenced in the LRB’s request can be
summarised as follows: 
Policy 14 (Design, Quality and Place), which states that development
proposals will be designed to improve the quality of an area whether in
urban or rural locations and regardless of scale, and will be supported
where they are consistent with the six qualities of successful places: 
• Healthy: Supporting the prioritisation of women’s safety and
improving physical and mental health.
• Pleasant: Supporting attractive natural and built spaces.
• Connected: Supporting well connected networks that make
moving around easy and reduce car dependency
• Distinctive: Supporting attention to detail of local architectural styles
and natural landscapes to be interpreted, literally or creatively, into
designs to reinforce identity.
• Sustainable: Supporting the efficient use of resources that will allow
people to live, play, work and stay in their area, ensuring climate
resilience, and integrating nature positive, biodiversity solutions.

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• Adaptable: Supporting commitment to investing in the long-term
value of buildings, streets and spaces by allowing for flexibility so
that they can be changed quickly to accommodate different uses
as well as maintained over time. 
Policy 15 (Local Living and 20 Minute Neighbourhoods), which states that
development proposals will contribute to local living including, where
relevant, 20 minute neighbourhoods.  To establish this, consideration will
be given to existing settlement pattern, and the level and quality of
interconnectivity of the proposed development with the surrounding area,
including local access to: 
• Sustainable modes of transport including local public transport and
safe, high quality walking, wheeling and cycling networks;
• employment;
• Shopping;
• Health and social care facilities;
• Childcare, schools and lifelong learning opportunities;
• Playgrounds and informal play opportunities, parks, green streets
and spaces, community gardens, opportunities for food growth and
allotments, sport and recreation facilities;
• Publicly accessible toilets;
• Affordable and accessible housing options, ability to age in place
and housing diversity. 
Policy 17 (Rural Homes), which states that development proposals for new
homes in rural areas will consider how the development will contribute
towards local living and take into account identified local housing needs
(including affordable housing), economic considerations and the
transport needs of the development as appropriate for the rural location. 
Development proposals for new homes in remote rural areas will be
supported where the proposal: 
i.  Supports and sustains existing fragile communities;
ii.  Supports identified local housing outcomes; and
iii.  Is suitable in terms of location, access, and environmental impact. 
2.4 The policies of the LDP2 referenced above can be summarised as follows: 
Policy 04 (Sustainable Development), which states that in preparing new
development proposals, developers should seek to demonstrate the
following sustainable development principles, which the planning

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authority will also use in deciding whether or not to grant planning
permission: 
a)  Maximise the opportunity for local community benefit, including the
creation of district (renewable) heat networks, where viable;
b)  Make efficient use of vacant and/or derelict land including
appropriate buildings;
c)  Support existing communities and maximise the use of existing
infrastructure and services;
d)  Maximise the opportunities for sustainable forms of design including
minimising waste, reducing our carbon footprint, increasing energy
efficiency, solar panels, ground, water and air source heat pumps
and other forms of renewable energy generation;
e)  Avoid the use of locally important good quality agricultural land;
f)  Utilise public transport corridors and active travel networks;
g)  Avoid the loss of important recreational and amenity open space;
h)  Conserve and enhance the natural and built environment and
avoid significant adverse impacts on biodiversity, natural and
heritage assets;
i) Respect the landscape character of an area and the setting and
character of settlements;
j)  Avoid places with significant risk of flooding, tidal inundation,
coastal erosion or ground instability; and
k)  Avoid having significant adverse impacts on land, air and water
environment. 
Policy 05 (Design and Placemaking), which states that to achieve good
quality places proposals should endeavour to comply with all of the
following placemaking criteria: 
• The proposed use should be compatible with surrounding land uses.
• The proposal should, where practicable, be resource efficient by
utilising existing infrastructure and facilities.
• The design should respect site topography and any surrounding
important landmarks or views.
• The design should create and improve connectivity within, and
where practical, beyond the site.
• Green and blue infrastructure should be an integral part of the
design process from the outset.
• The design should develop the area’s sense of identity by
understanding and embracing the existing distinctive
characteristics, with the design respecting and complementing its
surroundings in terms of density, appearance, height, scale,
massing, materials and finishes.

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• Where the site contains existing buildings, structures and/or natural
features that contribute to the character and identity of the wider
area, these should be retained and sensitively integrated into the
design unless it has been clearly demonstrated to the planning
authority that it is not practicable.
• The siting and design should respond to the natural environment in
a sustainable manner.
• The proposal should consider the design of active frontages, and
create welcoming, inclusive places with a coherent structure of
streets, spaces and buildings which are easy to move around,
prioritising the needs of pedestrians and cyclists above motor
vehicles.
• The access to and orientation of buildings should reinforce the
street or open space to create safe and pleasant places.
• The design should be sustainable in terms of materials and
construction and should consider future adaptability, and climate
change mitigation measures. 
Policy 08 (Sustainable Siting), which states that each of the following will
apply when assessing any proposal for development, including those for
outbuildings and extensions: 
• The development should integrate into the landscape or existing
built form to minimise detrimental effects on the environment. 
Particularly careful attention should be given to hilltop, skyline or
ridge locations, where development will only be acceptable if such
a location cannot be avoided, and any significant adverse
landscape and visual effects are clearly outweighed by social,
environmental or economic benefits of community wide
importance arising from the development proposal and have been
sufficiently mitigated through an environmental impact assessment
or landscape and visual impact assessment.
• Development on a sloping site should be designed sensitively taking
account of the topography in order to prevent significant
excavation or under-building.
• The siting of a development should take into account the character
of the area in terms of its settlement pattern, layout and density.
• All new residential developments are required to consider provision
for Growing Spaces – See Policy 06 – Green and Blue Infrastructure.
• Any development should be carefully sited to avoid overshadowing
or overlooking of itself or other properties.
• The development should be positioned within the landscape to
make the best use of solar gain, natural ventilation and shelter from
the elements and minimise adverse environmental effects – this

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need must be balanced with the restrictions and opportunities the
topography places on the siting.
• The development should be sited within easy access of existing
infrastructure and services
• Any ancillary development such as parking and service areas,
should be sensitively designed and sited. 
Policy 09 (Sustainable Design), which states that development proposals
should demonstrate consideration of and where possible utilisation of: 
• Renewable sources of energy; and
• Sustainable design and construction methods in terms of embodied
energy; conversion and re-use; and adaptability. 
3. The Applicant’s Response: 
3.1 Taking each of the requests for further written information in turn: 
Submission of the Sustainability Checklist and commentary addressing
LDP2 Policies 04, 05 and 08 
3.2 The required Sustainability Checklist (TN06) is now submitted (Document
C). 
3.3 This notes that the applicants manage the croft on which the house will sit,
that they provide meat for a local restaurant, that the applicants’ family
attend the local school, and that the applicant also drives the school bus. 
Submission of the Sustainable Buildings Checklist and commentary
addressing LDP2 Policy 09 
3.4 The required Sustainable Buildings Checklist (TN07) is now submitted
(Document D). 
A Statement addressing the policy requirements of NPF4 Policy 14, the ‘Six
Qualities of Successful Places’ 
3.5 Policy 14 of NPF4 relates to design, quality and place and states that
development proposals will be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale and will be
supported where they are consistent with the six qualities of successful
places. 
3.6 The Planning etc. (Scotland) Act 2006 and the Town and Country Planning

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(Development Management Procedure) (Scotland) Regulations 2013
contain a requirement for Design Statements to accompany planning
applications for certain types of development.  A Design Statement is a
document which explains and illustrates the principles and concepts of
the design of a proposed development in a structured way and sets out
the thought process that has led to the final design.  It should demonstrate
that the site and its surroundings have been fully appraised, and that the
final design solution promoted takes that context into account and should
explain how the proposal takes into account national guidance, design
policies within the Development Plan and any Supplementary Planning
Guidance, urban design strategy or Masterplan applicable to the site. 
3.7 Detailed advice on the preparation of Design Statements is contained in
the Scottish Government’s Planning Advice Note (PAN) 68: Design
Statements.  The term “design” relates to the physical and visual impact of
the built form and its external envelope on streets and public areas in our
towns, villages and rural areas.  Qualities of a well-designed place are
that it is distinctive, welcoming, connected, safe, adaptable and resource
efficient.  The review application is now accompanied by a Design
Statement prepared by Organic Architects, having regard to the advice
contained in Planning Advice Note 68 (Document E).  This details the
assessment that has been undertaken to appraise the context of the
development site and shows how the detailed design of the proposed
development responds to this in a positive and sensitive way. 
3.8 The Design Statement notes that the proposed house is aims to provide a
multi-generational family home for a family with deep connections and
ties to the immediate area.  The applicants are significant contributors to
the local community and the house will act as an anchor for their children
to remain on the island.  The layout of the house is intended to be
adaptable over its lifespan, and the spaces inside are designed to
accommodate the working life of the family whilst making the most of the
special location proposed. 
A Statement addressing the requirements of NPF4 Policy 15 
3.9 Policy 15 of NPF4 relates to local living and 20 minute neighbourhoods
and states that, with respect to the location of new dwellings,
consideration should be given to existing settlement patterns, and the
level and quality of interconnectivity of the proposed development with
the surrounding area, including local access to sustainable modes of
transport, employment, shopping, health and social care facilities,
childcare, schools and lifelong learning opportunities etc.

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3.10 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. 
A Statement addressing the requirements of NPF4 Policy 17 b) and, if
applicable, 17 c) 
3.11 Policy 17 of NPF4 relates to the provision of new rural homes.  Criterion (b)
states that development proposals for new homes in rural areas will
consider how the development will contribute towards local living and
take into account identified local housing needs (including affordable
housing), economic considerations and the transport needs of the
development as appropriate for the rural location and criterion (c) 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. 
3.12 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. 
3.13 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. 
A ‘light’ LVIA in accordance with Light LVIA part 1 Light LVIA part 2 Light
LVIA part 3 
3.14 A ‘light’ LVIA has been undertaken by the applicant and is now submitted

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(Document F).  This concludes that the proposed development will have a
minor/moderate effect on the landscape, with respect to both its
character and visual impact, and that there is no conflict with the
requirements of the relevant policies of LDP2. 
Any further information the Applicant considers appropriate to submit
which would support approval of this development in terms of LDP2, NPF4
and other relevant planning policies 
3.15 In this final respect the planning history of the application site is a
significant material consideration.  This is set out in detail in Section 1
(Background) above, but can be summarised as follows: 
• In November 2007, at a meeting held on site with Planning Officers,
the applicants were advised that the review application site was
the most preferable site for the erection of a dwelling, and that
outline planning permission should be applied for. 
• On the basis of this advice outline planning permission for the
erection of a dwellinghouse on the review application site was
approved in June 2008 (LPA reference 08/00438/OUT). 
• In December 2010, following the approval of outline planning
permission, full planning permission for the erection of a
dwellinghouse and shed, again on the same site as the review
application, was approved (LPA reference 10/01597/PP). 
• In September 2017 the applicant telephoned a Planning Officer in
order to discuss the possibility of amending the design of the
previously approved dwelling.  He was advised verbally that as a
previous planning permission had been granted this “should not be
a problem”. 
• At the meeting of the LRB on 16 September 2020 Councillor Moffat
said “Colleagues, I am of the view following consideration of all the
information that this application should be approved, it supports the
Council’s objective of inward development and regeneration of our
Island Communities and Policy LDP 8 supports new sustainable
development proposals that seek to strengthen communities. 
Supplementary Guidance SG LDP HOU 1 gives general support to
new housing provided there is no unacceptable environmental,
servicing or access impact.  There have also been 2 previous
approvals for a similar development of this site which did not
identify any issues in regard to the scale, design, siting or use

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thereby demonstrating that the proposal can be successfully
integrated into its landscape setting”. 
3.16 Furthermore, in the Council’s Statement dated 3 June 2024 it was said that
Officers had carried out an assessment of the proposed development
against the new national and local planning policy framework and “can
identify no immediately apparent reasons why the proposed
development might be likely to fundamentally conflict with the
Development Plan”.  
3.17 Essentially the LRB, in 2020, similarly indicated to the applicants that once
LDP2 had been adopted, planning permission for the erection of a
dwellinghouse on the review application site would be able to be
granted.  Through no fault of their own the applicants have had to wait
four years for their application to be able to come back before the LRB. 
Hopefully an approval will now be able to be forthcoming.