Notice of Review and Supporting Papers_Redacted
Argyll and Bute Council · 8 October 2024
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ARGYLL AND BUTE COUNCIL WWW.ARGYLL-BUTE.GOV.UK/** NOTICE OF REVIEW Notice of Request for Review under Section 43(a)8 of the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Important – Please read the notes on how to complete this form and use Block Capitals. Further information is available on the Council’s Website. You should, if you wish, seek advice from a Professional Advisor on how to complete this form. (3) Do you wish correspondence to be sent to you or your agent (4) (a) Reference Number of Planning Application (b) Date of Submission (c) Date of Decision Notice (if applicable) (5) Address of Appeal Property (1) APPLICANT FOR REVIEW Name Address Postcode Tel. No. Email (2) AGENT (if any) Name Address Postcode Tel. No. Email Tracey Peedle Sabhal Dionach Cladich Dalmally PA33 1BQ OFFICIAL USE 12/08/24 H MacInnes Date Received Ref: AB1 x 23/02065/PP 20.10.2023 28.05.2024 Grianaig, Lochawe, PA33 1AW
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(6) Description of Proposal (7) Amendments to and extension of exiting two storey room in roof dwelling to form 2 apartments. Please set out the detailed reasons for requesting the review:- I request removal of the following condition attached to the planning consent, as per the decision notice issued dated 28th may 2024: “ 5. The development hereby permitted shall be occupied solely as two residential flats for permanent occupancy. No part of the development shall be utilised as a short-term holiday let (or lets) without the express permission of the planning authority through the submission and approval of a planning application in that regard. Reason: To reflect the development applied for, as confirmed by email dated 16th May 2024, and in order to comply with NPF4 Policy 30 which seeks to prevent the loss of existing permanent residential accommodation to short-term holiday letting uses. “ This condition represents a considerable restriction on the property and I request that this condition is removed from the planning consent. The reasons are summarised as: 1. The likelihood of imposing such a restriction on the property was not raised at the pre application stage or throughout any on going discussions with the planning officer. Had this been the case, we would proceeded with the planning application and incurred the significant associated costs, but we were never given this opportunity. 2. We were only advised in a telephone conversation with the planning officer and subsequent email dated 15th May 2024 that the development would not be supported if it was to be used as a short term let. At this late stage having gone through a very elongated and expensive planning process we could only say that this was not currently our intention. 3. The Short Term Let Licensing process is the correct process in Argyll and Bute through which to apply to use a property as a short term let and we understand that we would need to go through this process if we were to consider short term letting in the future. Separate planning permission is not currently required in Argyll and Bute to use a residential property for short term letting. We therefore consider that it is not reasonable to impose this planning restriction on us. 4. No other similar development proposal in Argyll and Bute has before or since had this type of restrictive condition applied and so it is hard to see why it is relevant only to our proposal. (refer to attached relevant Decision Notices) 5. When SEPA were consulted on this planning application they deemed that the development we were proposing constituted new residential development and was not considered to be extension of an existing property. The planning authority agreed with SEPA on this and consequently we were required to undertake a flood risk assessment at considerable cost. As the planning authority agreed that the application was a new residential development, then the justification for imposing the restrictive condition cannot apply as NPF 4 Policy 30 is applicable only to existing residential development 6. The Report of Handling for the application makes no reference to NPF 4 Policy 30, either under the list of relevant policies against which the planning application has been assessed, or elsewhere in the report. It is therefore again difficult to see how this Policy is applicable, and consequently how the restrictive planning condition can be applied. 7. Environmental Health raised no objections to the proposal but requested plans put in place to reduce noise if short term letting was proposed Please see attached statement for full details.
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(8) If the Local Review Body determines that it requires further information on “specified matters” please indicate which of the following procedure you would prefer to provide such information :- (a) Dealt with by written submission (b) Dealt with by Local Hearing (c) Dealt with by written submission and site inspection (d) Dealt with by local hearing and site inspection NB It is a matter solely for the Local Review Body to determine if further information is required and, if so, how it should be obtained. (9) Please list in the schedule all documentation submitted as part of the application for review ensuring that each document corresponds to the numbering in the sections below:- Schedule of documents submitted with Notice of Review (Note: 3 paper copies of each of the documents referred to in the schedule below must be attached): No. Detail 1 Planning Application 23/02065/PP - Statement for Local Review Body 2 PLANNING APPLICATION FORM 23-02065-PP 3 Pre - Application Advice Report – 23/00016/JS 4 Report of Handling 23/02065/pp 5 Consultation Response – Environmental Health 6 Planning Decision Notices – 20/02266/PP; 24/0067/PP; 20/02372/PP; 21/01433/PP; 21/01621/PP; 23/02332/PP; 24/00767/PP; 21/01867/PP 7 email from Judith Stephen 15th May 2024 - NP4 POLICY 30 8 9 10 If insufficient space please continue on a separate page. Is this is attached? (Please tick to confirm) x
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Submitted by (Please Sign) Dated Important Notes for Guidance 1. All matters which the applicant intends to raise in the review must be set out in or accompany this Notice of Review 2. All documents, materials and evidence which the applicant intends to rely on in the Review must accompany the Notice of Review UNLESS further information is required under Regulation 15 or by authority of the Hearing Session Rules. 3. Guidance on the procedures can be found on the Council’s website – www.argyll-bute.gov.uk/ 4. If in doubt how to proceed please contact 01546 604392/604269 or email localreviewprocess@argyll-bute.gov.uk 5. Once completed this form can be either emailed to localreviewprocess@argyll-bute.gov.uk or returned by post to Committee Services (Local Review Board), Kilmory, Lochgilphead, Argyll, PA31 8RT 6. You will receive an acknowledgement of this form, usually by electronic mail (if applicable), within 14 days of the receipt of your form and supporting documentation. If you have any queries relating to the completion of this form please contact Committee Services on 01546 604392/604269 or email localreviewprocess@argyll-bute.gov.uk For official use only Date form issued Issued by (please sign) Tracey Peedle 07/08/24
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Argyll and Bute Council – Development Management Pre Application Advice Report 10th February 2023 Reference: 23/00016/PREAPP Proposed Development: Erection of two storey single dwelling Site Address: Grianaig, Dunbeg, Lochawe, Dalmally, Argyll The information represents the informal view of the planning officer and is given without prejudice to the outcome of any planning application submitted in respect of the above development.
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Permissions Required ☐ Planning permission Type of Application ☐ Local Application EIA Scoping/Screening Required ☐ No, EIA screening is not required Pre Application Consultation Required ☐ No Site Visit Undertaken ☐ Yes Local Development Plan Policies • LDP STRAT 1 – Sustainable Development The Settlement and Spatial Strategy • LDP DM1 – Development within the Development Management Zones Protection, Conserving and Enhancing our Outstanding Environment Together • LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment In terms of the adopted LDP, Policy LDP 3 considers that in all development management zones the planning authority will assess applications with the aim of protecting, conserving and, where possible, enhancing the built, human and natural environment. Section C of this policy states that development will not be supported where it does not protect, conserve or where possible enhance the established character of the built environment in terms of its location, scale, form and design. Strengthening Our Communities Together • LDP 8 – Supporting the Strength of our Communities In terms of the adopted LDP, LDP 8 supports new sustainable development proposals that seek to strengthen communities with SG LDP HOU 1 expanding on this policy giving support to development within the settlements on appropriate sites provided there are no unacceptable environmental, servicing or access issue.
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• LDP 9 – Development Setting, Layout and Design In terms of the adopted LDP, Policy LDP 9 seeks developers to produce and execute a high standard of appropriate design and to ensure that development is sited and positioned so as to pay regard to the context within which it is located. Improving Our Connectivity and Infrastructure Together • LDP 11 – Improving our Connectivity and Infrastructure In terms of the adopted LDP, LDP 11 supports all development proposals that seeks to maintain and improve our internal and external connectivity whilst making the best use of our existing infrastructure. Local Development Plan – Supplementary Guidance Policies Natural Environment • SG LDP ENV 1 – Development Impact of Habitats, Species and Our Biodiversity (i.e. biological diversity) Landscape and Design • SG LDP ENV 14 –Landscape General Housing Development • SG LDP HOU 1 – General Housing Development including Affordable Housing Sustainable Siting and Design • SG LDP Sustainable - Sustainable Siting and Design Principles Resources and Consumption • SG LDP SERV 1 – Private Sewerage Treatment Plants and Wastewater (i.e. drainage) systems • SG LDP SERV 2 – Incorporation of Natural Features / Sustainable Systems (SUDS) • SG LDP SERV 6 – Private Water Supplies and Water Conservation Sustainable Siting and Design • SG LDP CC 1 – Climate Change and Sustainable Buildings • SG LDP - Sustainable Siting and Design Principles Transport (including core paths) • SG LDP TRAN 4 – New and Existing, Public Roads and Private Access Regimes • SG LDP TRAN 6 –Vehicle Parking Provision Other Relevant Material Considerations • Argyll and Bute Sustainable Design Guidance, 2006 • The unchallenged policies and proposals within pLDP2 may be afforded significant material weighting in the determination of planning applications at this time as the settled and
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unopposed view of the Council. Elements of the pLDP2 which have been identified as being subject to unresolved objections still require to be subject of Examination by a Scottish Government appointed Reporter and cannot be afforded significant material weighting at this time. The provisions of pLDP2 that may be afforded significant weighting in the determination of this application are listed below: Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Access Policy 58 – Private Water Supplies and Water Conservation • Scottish Planning Policy (SPP), 2014 Planning History None relevant Known Constraints None known Settlement Strategy & Proposed Development In terms of the adopted Argyll and Bute Local Development Plan the site is located within the minor settlement village of Lochawe wherein policy LDP DM 1 gives encouragement of up to small scale development on appropriate sites subject to compliance with other relevant local development plan policies and supplementary guidance (SG). In terms of the adopted LDP, Policy LDP 3 assesses applications for their impact on the natural, human and built environment. The site is not subject of any specific landscape or nature designations that require further consideration under the terms of this policy. Policy LDP 8 supports new sustainable development proposals that seek to strengthen communities with SG LDP HOU 1 expanding on this policy giving support to new housing in the settlements on appropriate sites provided there are no unacceptable environmental, servicing or access issue. Policy LDP 9 and SG 2 seek developers to produce and execute a high standard of appropriate design and ensure that development is sited and positioned so as to pay regard to the context within which it is located taking into account the relationship with neighbouring properties to ensure no adverse privacy or amenity issues. Policy LDP 11 supports all development proposals that seek to maintain and improve internal and external connectivity by ensuring that suitable infrastructure is delivered to serve new developments. SG LDP TRAN 4 and SG LDP TRAN 6 of the LDP and Policies 35, 37 and 39 of pLD2 expand on this policy seeking to ensure developments are served by a safe means of vehicular access and have an appropriate parking provision within the site. The dwellinghouse as existing is a single storey detached property situated in an elevated position within a linear development where the rear of the properties all over look Loch Awe. The enquiry proposes to remove the existing roof and erect a first floor level to create two separate units. Whilst the general presumption in favour of residential development within this area is established by current policy, this is qualified by the requirement to ensure developments accord with the existing and established pattern of development and do not result in an unacceptable environmental,
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servicing or access impact. SG 2 places an overwhelming emphasis on respecting the character and setting of the area into which the individual development proposal is to be located, taking account of local spacing, layout, densities, privacy and amenity standards. This remains the main criteria against which the suitability or otherwise a development shall be evaluated. The Planning Authority is satisfied that the proposal to remove the existing roof and erect a first floor level to create an additional unit is to be an acceptable proposal within the minor-settlement. However, the department would be seeking a reduction in the overall height of the building which would be more compatible with the heights of the dwellinghouses within the immediate established settlement pattern. In light of the above, and, subject to the proposal having no adverse impact on the privacy and amenity or nearby residential properties and consultee responses the department would be supportive of the proposal with a reduction in height. Road Network, Parking and Associated Transport Matters An early consultation has been sought from the Council’s Roads who have advised, ‘Roads note the parking provision attached to the proposal, this is adequate. Transport Scotland should be consulted on any potential intensification of use as the junction connects with the A85 Trunk Road’. Transport Scotland have been consulted. I will forward their response to you upon receipt. Consultees for any future application The following consultees are likely to be consulted in the event of a formal application being consulted. You may wish to contact consultees for additional pre application advice prior to the submission of your application. Please note that on occasion it may be necessary to involve consultees who are listed below as a formal application progresses. • Argyll and Bute Council Roads Authority • Transport Scotland • Argyll and Bute Environmental Health Service (if private water supply) • Scottish Water (if public water and drainage connections) Supporting information required for any future application • Design and Access Statement • Landscaping scheme Case Officer Name and Contact Details Name of Officer: Judith Stephen Designation: Planning Technician Tel: 01631 567957 Additional Information Please note that this preliminary assessment is based on current information. In the event of a formal planning application being submitted, the Council must take into account views of consultees and representations from the public as appropriate. Any subsequent assessment must reflect this and may therefore differ from the initial assessment. Finally, the above is the view of Development Management and may not necessarily be that of the Planning Authority.
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Should you decide to make an application for planning permission, please be aware that the Council actively promotes online submission of applications through the Government’s ePlanning Portal at www.eplanning.scotland.gov.uk. You can also get more advice and guidance on our own website at www.argyll-bute.gov.uk. Apply Online: https://www.eplanning.scot/ePlanningClient/ National Validation Guidance: https://www.argyll-bute.gov.uk/sites/default/files/hops-validation-and- determination-guidance-updated-12-10-17.pdf Processing Agreements: https://www.argyll-bute.gov.uk/processing-agreements Full details of the policies and guidance referenced above are available to view via the following link on the Council’s website: Local Development Plan (argyll-bute.gov.uk)
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 23/02065/PP Ms Tracey Peedle Ross Peedle Architecture Hill House Back Dykes Road Kinnesswood Kinross KY13 9HH I refer to your application dated 23rd October 2023 for planning permission in respect of the following development: Alterations to existing dwellinghouse to form two residential flats. AT: Grianaig Lochawe Dalmally Argyll And Bute PA33 1AW Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 28 May 2024 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 23/02065/PP Alterations to existing dwellinghouse to form two residential flats. AT: Grianaig Lochawe Dalmally Argyll And Bute PA33 1AW The planning permission as detailed above is subject to the following conditions: Standard Time Limit Condition: The development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. Standard Soils Management Condition: Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 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 20.10.2023, 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 Existing Elevations 2303/03 23.10.2023 Existing Plans & Section 2303/02 23.10.2023 Location Plan 2302/01 23.10.2303 Proposed First Floor Plan 2303/07 23.10.2023 Proposed Ground Floor Plan 2303/06 23.10.2023 Proposed NE Elevation 2303/10 23.10.2023 Proposed NW Elevation 2303/08 23.10.2023 Proposed Section 2303/05 23.10.2023 Proposed Site Plan 2303/04 23.10.2023 Proposed SE Elevation 2303/09 23.10.2023 Proposed SW Elevation 2303/11 23.10.2023 Location Plan 12 of 13 25.10.2023 Topographical Survey 13 of 13 02.04.2024
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Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. i) Please note the advice and guidance contained in the response from SEPA details of which is available to view via the Public Access section of the Council's website. 2. PP - Timescale to be Agreed for Completion 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 - 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 and Sewers for Scotland 4th Edition. 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 4. PP - Biodiversity Enhancement Notwithstanding the effect of Condition 1, no development shall commence until a scheme of boundary treatment, surface treatment and landscaping for the development has 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) Surface treatment of proposed means of access and hardstanding areas; iii) Proposed hard and soft landscape works; iv) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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.
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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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. 5. The development hereby permitted shall be occupied solely as two residential flats for permanent occupancy. No part of the development shall be utilised as a short-term holiday let (or lets) without the express permission of the planning authority through the submission and approval of a planning application in that regard. Reason: To reflect the development applied for, as confirmed by email dated 16th May 2024, and in order to comply with NPF4 Policy 30 which seeks to prevent the loss of existing permanent residential accommodation to short-term holiday letting uses.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/02065/PP STANDARD NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended). 3. In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the following ‘Notice of Initiation of Development’ form to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. 4. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the following ‘Notice of Completion’ form to the Planning Authority specifying the date upon which the development was completed.
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 23/02065/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. Yes/No? (if yes, list amendments below) Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be 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 withhold planning permission having regard to Section 25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 20/02266/PP Mr Peter E Ross And Margaret M Drysdale R A Scott Consultants Rionnagan House Dunmore Tarbert Argyll And Bute PA29 6XZ I refer to your application dated 11th December 2020 for planning permission in respect of the following development: Erection of dwelling house and workshop/storage shed, installation of sewage treatment plant and formation of access AT: Land West Of Laggan Cottage Stronmilchan Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 8 June 2021 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 20/02266/PP Erection of dwelling house and workshop/storage shed, installation of sewage treatment plant and formation of access AT: Land West Of Laggan Cottage Stronmilchan Argyll And Bute The planning application as detailed above is subject to the following conditions: GENERAL 1. The development shall be implemented in accordance with the details specified on the application form dated 10/12/2020; 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 Plan 1 of 6 07.01.2021 Location Plan 2 of 6 07.01.2021 Workshop Elevations and Floor Plan 3 of 6 07.01.2021 Ground Floor Plan as Proposed 4 of 6 11.12.2020 First Floor Plan as Proposed 5 of 6 11.12.2020 Elevations as Proposed 6 of 6 11.12.2020 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. Both the Notification of Initiation and Notification of Completion forms referred to above are available via the following link on the Council’s website: https://www.argyll-bute.gov.uk/planning-and-environment/make-planning-application Please note the advice and guidance contained in the consultation response from Scottish Water, both of which are available to view via the following link on the Council’s Public Access System. Should you wish to discuss any of the points raised
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in the responses you are advised to contact the relevant parties direct. https://portal360.argyll- bute.gov.uk/civica/Resource/Civica/Handler.ashx/Doc/pagestream?cd=inline&pdf=tru e&docno=22391233 2. Notwithstanding the provisions 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 3. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has 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) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Proposed hard and soft landscape works. The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 4. Notwithstanding the provisions of Condition 1, the existing access off the public road shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a and shall include visibility splays of 2.4 metres to point X by 75 to the north of the site and 25 to the south of the site to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. 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.
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Reason: In the interests of road safety. 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 2m from the channel line of the public road. A Roads Opening Permit (S56) is required. 5. Notwithstanding the provisions of Condition 1 - The domestic workshop / storage shed hereby approved shall be used for purposes ancillary to the residential use of the dwellinghouse and for no other use. Reason: To enable the Planning Authority to control any subsequent change of use which might otherwise benefit from deemed permission in order to protect the amenity of the locale.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 20/02266/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 20/02266/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 21/01867/PP Mr and Mrs George and Sheila Hannah Beaton + McMurchy Architects Ltd. The Studio Tigh Na Glaic Taynuilt PA35 1JW I refer to your application dated 3rd September 2021 for planning permission in respect of the following development: Erection of dwellinghouse AT: Stravaiger Lochawe Dalmally Argyll And Bute PA33 1AW Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 27 January 2022 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 21/01867/PP Erection of dwellinghouse AT: Stravaiger Lochawe Dalmally Argyll And Bute PA33 1AW The planning application as detailed above is subject to the following conditions: GENERAL 1. The development shall be implemented in accordance with the details specified on the application form dated 02/09/21; 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 Plan As Proposed 2154 01 A 05/10/21 Plan, Section & Elevations As Proposed 2154 02 B 05/10/21 Supporting Statement 03/09/21 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. Both the Notification of Initiation and Notification of Completion forms referred to above are available via the following link on the Council’s website: https://www.argyll-bute.gov.uk/planning-and-environment/make-planning- application Please note the advice and guidance contained in the consultation response from Scottish Water details of which is available to view via the following link on the Council’s Public Access System. Should you wish to discuss any of the points raised in the response you are advised to contact Scottish Water direct. https://www.argyll-bute.gov.uk/planning-and-environment/find-and-comment- planning-applications
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SUSTAINABLE DRAINAGE SYSTEM 2. Notwithstanding the provisions 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. LANDSCAPING 3. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has 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) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Proposed hard and soft landscape works. The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. CARAVAN 4. The existing caravan on the site is currently unlawful and shall be permanently removed from the site unless works on the construction of the dwellinghouse hereby approved are commenced within six months of the date of this permission. Thereinafter, the caravan shall only be sited on the land for the duration of ongoing construction works in pursuance of this planning permission and shall be permanently removed within two calendar months of the dwellinghouse hereby approved being first occupied. Reason: To appropriately control unlawful development and in the interests of
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visual amenity.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 21/01867/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 21/01867/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 24/00667/PP Mr Timothy McDowell ESB Architects 40 Rockfield Road Tobermory Isle Of Mull Argyll And Bute PA75 6PN I refer to your application dated 10th April 2024 for planning permission in respect of the following development: Demolition of dwellinghouse and erection of replacement dwellinghouse AT: Corkamull Cottage Ulva Ferry Isle Of Mull Argyll And Bute PA73 6LY Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 11 June 2024 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 24/00667/PP Demolition of dwellinghouse and erection of replacement dwellinghouse AT: Corkamull Cottage Ulva Ferry Isle Of Mull Argyll And Bute PA73 6LY The planning permission as detailed above is subject to the following conditions: Standard Time Limit Condition: The development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. Standard Soils Management Condition: Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 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 09.04.2024, 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 Existing house – Floor plans 011 10.04.2024 Existing house – Elevations 030A A 10.04.2024 Proposed house – Floor plan 110F F 10.04.2024 Proposed house – Roof plan and images 112F F 10.04.2024 Proposed house – Elevations 130F F 10.04.2024 Location 000D D 16.04.2024 Existing Site Plan 001D D 16.04.2024 Proposed Site Plan 010E E 16.04.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
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2. Timescale to be Agreed for Completion 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. 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 and Sewers for Scotland 4th Edition. 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 . 4. Landscaping No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, 'swift bricks', wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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.
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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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. 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: i) Regulatory requirements for private water supplies should be discussed with the Council's Environmental Health Officers in the first instance.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 24/00667/PP STANDARD NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended). 3. In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the following ‘Notice of Initiation of Development’ form to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. 4. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the following ‘Notice of Completion’ form to the Planning Authority specifying the date upon which the development was completed.
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 24/00667/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. Yes/No? (if yes, list amendments below) Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 20/02372/PP Mrs Fiona Aitali Norman MacDonald Ltd Unit 6 Baliscate Industrial Estate Baliscate Tobermory Isle Of Mull Argyll And Bute PA75 6QA I refer to your application dated 24th December 2020 for planning permission in respect of the following development: Erection of a dwelling house AT: Land Adjacent To Comraich Tobermory Isle Of Mull Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 9 June 2021 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 20/02372/PP Erection of a dwelling house AT: Land Adjacent To Comraich Tobermory Isle Of Mull Argyll And Bute The planning application as detailed above is subject to the following conditions: GENERAL 1. The development shall be implemented in accordance with the details specified on the application form dated 23/12/20, 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. Superseded Plan Title. Plan Ref. No. Version Date Received Existing Site Plan 066 001-A 18.02.2021 Proposed Site Plan 066 010-A 18.02.2021 Location 066 000-A 18.02.2021 House Elevations 066 130 24.12.2020 House Plan and Images 066 110 24.12.2020 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. ROADS, ACCESS AND PARKING 2. Notwithstanding the provisions of Condition 1, the proposed access to the plot shall be formed with visibility splays at the junction of the private access driveway and the public road of 2.4 metres to point X by 42 metres to point Y from the centre line of the proposed private access to serve the dwellinghouse herby approved. Prior to work starting on site the access hereby approved shall be formed to 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
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metres above the road carriageway at point Y. The visibility splays shall be maintained clear of all obstructions thereafter with no walls, fences, hedges to be permitted within 2 metres from the channel line of the road. 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. 3. The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of two vehicles. Reason: In the interest of road safety. WATER, DRAINAGE AND FLOODING 4. Notwithstanding the provisions 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 DESIGN AND FINISHES 5. Notwithstanding the effect of Condition 1, the development shall be completed externally using the following materials; dark recessive coloured roof tiles, white coloured rendered walls with dark grey corrugated meatal cladding and grey uPVC windows, or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. LANDSCAPING 6. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of:
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i) Existing and proposed ground levels; ii) Existing landscaping features and vegetation to be retained; iii) Location design and materials of proposed walls, fences and gates; iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v) A programme for the timing, method of implementation, completion and subsequent on-going maintenance. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 20/02372/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 20/02372/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 21/01433/PP Mr And Mrs Alan Harrison Beaton + McMurchy Architects Ltd The Studio Tigh Na Glaic Taynuilt PA35 1JW I refer to your application dated 7th July 2021 for planning permission in respect of the following development: Erection of dwelling house, detached garage and formation of vehicular access AT: Plot 2 Ardbrecknish Dalmally Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 20 September 2021 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 21/01433/PP Erection of dwelling house, detached garage and formation of vehicular access AT: Plot 2 Ardbrecknish Dalmally Argyll And Bute The planning application as detailed above is subject to the following conditions: GENERAL 1. The development shall be implemented in accordance with the details specified on the application form dated 06/07/21; 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 Outline Proposals 3 2136 01 D 12/08/21 Outline Proposals 3 2136 02 A 12/08/21 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. Both the Notification of Initiation and Notification of Completion forms referred to above are available via the following link on the Council’s website: https://www.argyll-bute.gov.uk/planning-and-environment/make-planning- application Please note the advice and guidance contained in the consultation response from the Council’s Environmental Health Service details of which is available to view via the following link on the Council’s Public Access System. Should you wish to discuss any of the points raised in the responses you are advised to contact the relevant parties direct. https://www.argyll-bute.gov.uk/planning-and-environment/find-and-comment- planning-applications
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VISIBILITY SPLAYS 2. Notwithstanding the provisions of Condition 1, visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the junction with the public road 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. Reason: In the interests of road safety. Note to Applicant: No walls, fences, hedges etc. will be permitted within 2 metres from the channel line of the public road. The Roads Authority has advised that there will be no further development permitted from this access road. PRIVATE WATER SUPPLY 3. Notwithstanding the provisions of Condition 1, 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 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 or Part 3 of the Private Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 20017 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 supply. Note to Applicant: 1. Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Service in the first instance. 2. If the development is likely to use 10m3 water per day then the applicant will need to apply for a registration or licence for water abstraction from
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SEPA https://www.sepa.org.uk/regulations/authorisations-and- permits/application-forms/#Water. 3. If the proposed development is a commercial undertaking including but not limited to; use as a holiday or long term private let, workplace, food business, campsite etc. then the applicant must apply to the Environmental Health service 8 weeks before the intended use date for the private water supply to be registered and certified as fit for use. Email: pws@argyll-bute.gov.uk. SUSTAINABLE DRAINAGE SYSTEM 4. Notwithstanding the provisions 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. REMOVAL OF PERMITTED DEVELOPMENT RIGHTS 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, on the northeast facing elevation of the dwellinghouse, any development referred to in Part 1 and Classes 1D and 2B of the aforementioned Schedule, as summarised below: Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Reason: To prevent the formation of additional window/door openings or dormer windows which may give rise to a loss of privacy to adjoining property without prior assessment on application by the Planning Authority; which would otherwise be capable of being carried out under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). LANDSCAPING 6. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of:
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i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Proposed hard and soft landscape works. The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 21/01433/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 21/01433/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 21/01621/PP Benmore Estate Ltd AGL Architect Ltd 32 Carseview Bannockburn Stirling Stirlingshire FK7 8LQ I refer to your application dated 5th August 2021 for planning permission in respect of the following development: Erection of dwelling house, installation of biodisc treatment system and formation of access AT: Land West Of Keepers House Glenforsa Isle Of Mull Argyll And Bute PA72 6JN Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 1 December 2021 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 21/01621/PP Erection of dwelling house, installation of biodisc treatment system and formation of access AT: Land West Of Keepers House Glenforsa Isle Of Mull Argyll And Bute PA72 6JN The planning application as detailed above is subject to the following conditions: GENERAL 1. The development shall be implemented in accordance with the details specified on the application form dated 04.08.2021; 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 Existing Site Plan 101 A 06.09.2021 Proposed Site Plan 102 A 06.09.2021 Location Plan 100 05.08.2021 Proposed House Plan and Elevations (20) 01 05.08.2021 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. Both the Notification of Initiation and Notification of Completion forms referred to above are available via the following link on the Council’s website: https://www.argyll-bute.gov.uk/planning-and-environment/make-planning-application 2. Notwithstanding the provisions of Condition 1, the existing junction shall be constructed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a with visibility splays of 2.4 metres to point X by 160 metres to point Y from the centre line of the proposed access.
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The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. 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: 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 2m from the channel line of the public road. 3. 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 two 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. 4. Notwithstanding the provisions 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. 5. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has 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) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Proposed hard and soft landscape works.
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The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 6. Notwithstanding the provisions of Condition 1, no development shall commence until details of the proposed finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site has been submitted to and approved by the Planning Authority. Such finished floor level shall be no lower than 11.60mAOD. The development shall be implemented in accordance with the approved details. Reason: In order to secure an acceptable relationship between the development and its surroundings and avoid the potential for flooding which could otherwise arise. 7. Notwithstanding the provisions of Condition 1, 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 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 or Part 3 of the Private Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 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 supply. Note to Applicant: 1. Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Service in the first instance. 2. If the development is likely to use 10m3 water per day then the applicant will need to apply for a registration or licence for water abstraction from SEPA https://www.sepa.org.uk/regulations/authorisations-and-permits/application- forms/#Water.
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If the proposed development is a commercial undertaking including but not limited to; use as a holiday or long term private let, workplace, food business, campsite etc. then the applicant must apply to the Environmental Health service 8 weeks before the intended use date for the private water supply to be registered and certified as fit for use. Email: pws@argyll-bute.gov.uk 8. Notwithstanding the effect of Condition 1, no development shall commence until written details of the colour of materials to be used in the construction of dwellinghouse have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 9. Notwithstanding the provisions of Condition 1, the Public Rights of Way; the affected routes being, SA51 as recorded in the ‘National Catalogue of Rights of Way’ and ‘Scottish Hill Tracks’ route 287 Lochbuie to Salen by Glen Forsa which cross or are close to the application site are to be kept open and free from any obstruction or encroachment, before, during and after the lifetime of the proposed development. Reason: In order comply with the public rights of way under the Countryside (Scotland) Act 1967, section 46 and the Land Reform (Scotland) Act 2003, section 14. Note to Applicant: Details of the recorded or claimed Public Right of Way submitted by ScotWays can be viewed Argyll and Bute - Document Viewer (argyll-bute.gov.uk) 10. Notwithstanding the provisions of Condition 1, no development shall commence until written details of the design of the new proposed culvert underneath the ditch crossing, to allow for the construction of the driveway, which should not decrease the existing channel capacity and ideally should be sized to convey the 1:200 year plus climate change flow, plus an allowance for freeboard, have been submitted to and approved in writing by the Planning Authority in consultation with the Flood Risk Authority. Reason: To avoid the potential for flooding which could otherwise arise.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 21/01621/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 21/01621/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 23/02332/PP Mr Hugh MacInnes Greenfields Design Ltd 2B Bank Street Alloa FK10 1HP I refer to your application dated 6th December 2023 for planning permission in respect of the following development: Demolition of existing dwelling and erection of a replacement dwelling house AT: Croft No 2 Salum Ruaig Isle Of Tiree Argyll And Bute PA77 6TR Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 9 April 2024 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 23/02332/PP Demolition of existing dwelling and erection of a replacement dwelling house AT: Croft No 2 Salum Ruaig Isle Of Tiree Argyll And Bute PA77 6TR The planning permission as detailed above is subject to the following conditions: Standard Time Limit Condition: The development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. Standard Soils Management Condition: Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 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 05/12/23, 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 GF Plan and Elevations 11938-11 a 06/12/23 FF Plan 11938-12 a 06/12/23 Site Plan as Existing 11938-13 b 23/02/24 Site Plan as Proposed 11938-14 a 23/02/24 Location Plan 11938-15 b 06/12/23 Croft Plan 11938-16 23/02/24 TN06 Sustainability Checklist – 5 PAGES 04/03/24 TN07 – Sustainable Buildings Checklist – 3 PAGES 04/03/24 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
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Note to Applicant o At the time of report no comments had been sought from Scottish Water, you are therefore advised to contact them regarding connection to their infrastructure: Connecting Your Home - Scottish Water. o Please note the advice and guidance contained within the consultation response from the Council's EHS regarding works involved in the demolition of the existing dwellinghouse. The consultation response is published in full on the planning application file and is available to view via the Public Access section of the Council's website. 2. PP - Timescale to be Agreed for Completion 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 provisions of Condition 1, the access at the junction with the public road shall be upgraded in accordance with the Council's Roads Standard Detail Drawing SD08/004a and shall include visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material, concrete or block pavors. 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 o 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. o The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. o No walls, fences, hedges etc. will be allowed within 2m from the edge of the public road. 4. 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 and Sewers for Scotland 4th Edition. 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. 5. PP - Biodiversity Enhancement Notwithstanding the provisions of Condition 1, no development shall commence until a biodiversity statement has been submitted to and approved in writing by the Planning Authority. The statement shall demonstrate 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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/02332/PP STANDARD NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended). 3. In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the following ‘Notice of Initiation of Development’ form to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. 4. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the following ‘Notice of Completion’ form to the Planning Authority specifying the date upon which the development was completed.
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INFORMATIVE NOTES
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 23/02332/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 PLANNING PERMISSION REFERENCE NUMBER: 24/00767/PP Mr And Mrs Michael And Christine Kitchener Beaton + McMurchy Architects Ltd The Studio Tigh Na Glaic Taynuilt PA35 1JW I refer to your application dated 26th April 2024 for planning permission in respect of the following development: Erection of dwellinghouse AT: Land North Of An Tigh Dearg Kilchrenan Taynuilt Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby grant planning permission for the above development in accordance with the particulars given in the application form and doquetted plans subject however to the conditions and reasons detailed on the following page(s). It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under other statutory enactments and is not a Building Warrant. Dated: 13 June 2024 Fergus Murray Head of Development and Economic Growth
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REFERENCE NUMBER: 24/00767/PP Erection of dwellinghouse AT: Land North Of An Tigh Dearg Kilchrenan Taynuilt Argyll And Bute The planning permission as detailed above is subject to the following conditions: Standard Time Limit Condition: The development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. Standard Soils Management Condition: Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 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 25/04/24, 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 2410 01 A 26/04/24 Plan, Section & Elevations – Scheme Design 2410 02 B 01/05/24 Supporting Statement & Sustainability Checklists – 11 Pages 26/04/24 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 advice contained in the consultation response from Scottish Water which is published in full on the planning application file and available to view via the Public Access section of the Council's website.
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2. PP - Timescale to be Agreed for Completion 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 - Vehicular Access Notwithstanding the provisions of Condition 1, the existing access at the junction with the public road shall be upgraded in accordance with the Council's Roads Standard Detail Drawing SD 08/004a and visibility splays of 2.4 metres to point X by 84 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. 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 o 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. o The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. o No walls, fences hedges etc. will be permitted within 2 metres from the channel line of the public road. 4. 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. 5. PP - Bin Storage Area No development shall commence until details of a bin storage area at the junction of the public road has been submitted and agreed in writing with the Planning Authority in consultation with the
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Roads Authority. Thereafter the bin storage area shall be provided and retained in perpetuity unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of road safety. 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 and Sewers for Scotland 4th Edition. 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 - Landscape/Surface/Boundary Treatment/Biodiversity Enhancement Notwithstanding the effect of Condition 1, no development shall commence until details of the proposed treatment of the soft landscaping areas to the rear of the development has 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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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 development shall not be occupied until such time as the biodiversity enhancement works have been undertaken in accordance with the duly approved scheme. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 24/00767/PP STANDARD NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended). 3. In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the following ‘Notice of Initiation of Development’ form to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. 4. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the following ‘Notice of Completion’ form to the Planning Authority specifying the date upon which the development was completed.
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INFORMATIVE NOTES
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 24/00767/PP A. Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): Planning Obligation Not Required B. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No Summary of amendments (if appropriate): C. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure D. Summary justification statement for approval of planning permission The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act.
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From: Ross Peedle To: Subject: Fwd: 23/02065/PP [OFFICIAL] Date: 15 May 2024 15:44:43 Attachments: image001.png Hi Tracey, as discussed. Cheers Ross Begin forwarded message: From: "Stephen, Judith" < > Subject: 23/02065/PP [OFFICIAL] Date: 15 May 2024 at 14:43:45 BST To: Ross Peedle < > Classification: OFFICIAL Good afternoon TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) APPLICANT: Ms Tracey Peedle PROPOSAL: Alterations to existing dwellinghouse to form two apartments. SITE ADDRESS: Grianaig Lochawe Dalmally Argyll And Bute PA33 1AW I refer to the above planning application. NPF4 Policy 30 e) states that development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits I would appreciate if you could advise if the proposed apartments are for short term holiday lets or long term lets. Kind regards Judith Judith Stephen Planning Technician Development Management Development and Economic Growth Argyll and Bute Council 01631 567957 www.argyll-bute.gov.uk www.abplace2b.scot Work Pattern: Monday: Off - Tuesday to Friday: 07:45 – 17:00 Further detail on Planning Service Status is available on the Council website.
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