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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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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT
TEAMS on MONDAY, 18 NOVEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor Audrey Forrest  Councillor Dougie Philand 
Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser)
Fiona McCallum, Committee Services Officer (Minutes) 
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: LAND NORTH OF PENMORE
MILL, PENMORE, DERVAIG, ISLE OF MULL (REF: 20/0001/LRB) 
The Chair, Councillor Kieron Green, 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 Mr Jackson, who would provide procedural advice if required. 
Councillor Green referred to the previous meeting when it was agreed to request further
information from the Applicant and to request the Planning Officer to assess this further
information against the policies of LDP 2 and NPF 4 and any other relevant policies.  He
pointed out that this information was now before the LRB for consideration and he 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. 
The Members of the LRB all agreed that they had sufficient information before them. 
Councillor Forrest advised that having read the paperwork in the Agenda pack she noted
that it had been suggested by the Planning Officer that planning permission be granted
and she thought that the LRB should go ahead and do that. 
Councillor Philand agreed.  He commented on the very comprehensive paperwork
submitted and said he would support the Planning Officer’s recommendation to grant
planning permission. 
Councillor Green advised that having read all the paperwork he noted the comments from
the previous LRB Members that this development could be supported by the policies of
LDP2 but not by the LDP in place at that time, and it was their decision to hold the case in
abeyance until LDP2 was in place.   
Now that LDP2 was in place, and the view from the Planning Officer, in his report dated 8
October 2024, was that the overall development was consistent with the relevant
provisions of the Development Plan, which comprised NPF4 and LDP2, Councillor Green
confirmed, he concurred with both Councillors Forrest and Philand, and moved that

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planning permission be granted subject to the conditions and reasons recommended by
the Planning Officer in his report. 
Decision 
The Argyll and Bute Local Review Body, having considered the merits of the case de
novo, unanimously agreed to grant planning permission subject to the following conditions
and reasons: 
Standard Time Limit Condition (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
PP - Approved Details & Standard Notes – Non EIA Development 
1. 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. 
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

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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
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.

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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. 
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

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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. 
(Reference: Further Information from Applicant and report by Planning Officer dated 8
October 2024, submitted)