Agenda reports pack
Argyll and Bute Council · 8 October 2024
Back to Argyll and Bute Local Review Body — 8 October 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 1 October 2024 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT TEAMS on TUESDAY, 8 OCTOBER 2024 at 2:00 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CONSIDER NOTICE OF REVIEW REQUEST: 24/0014/LRB: GRIANAIG, LOCHAWE, PA33 1AW (REF: 23/02065/PP) (a) Notice of Review and Supporting Documentation (Pages 3 - 84) (b) Comments from Interested Parties (Pages 85 - 122) (c) Comments from Applicant (Pages 123 - 136) Argyll and Bute Local Review Body Councillor Gordon Blair Councillor Jan Brown Councillor Peter Wallace Contact: Hazel MacInnes, Senior Committee Officer Tel: 01546 604269 Public Document Pack
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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 Page 3 Agenda Item 3a
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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. Page 4
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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 Page 5
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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 Page 6
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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. Page 15
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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. Page 16
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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 Page 17
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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, Page 18
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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. Page 19
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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) Page 20
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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 Page 21
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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 Page 22
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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. Page 23
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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. Page 24
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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. Page 25
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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. Page 26
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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 Page 29
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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 Page 30
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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. Page 31
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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. Page 32
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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). Page 33
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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. Page 34
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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 Page 35
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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 Page 36
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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 Page 37
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visual amenity. Page 38
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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). Page 39
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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 Page 40
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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 Page 41
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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. Page 42
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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. Page 43
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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. Page 44
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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. Page 45
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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. Page 46
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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 Page 47
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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 Page 48
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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: Page 49
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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. Page 50
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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). Page 51
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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. Page 52
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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 Page 53
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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 Page 54
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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 Page 55
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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: Page 56
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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. Page 57
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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). Page 58
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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. Page 59
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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 Page 60
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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. Page 61
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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. Page 62
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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. Page 63
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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. Page 64
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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). Page 65
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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. Page 66
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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 Page 67
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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. Page 68
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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. Page 69
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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. Page 70
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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. Page 71
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INFORMATIVE NOTES Page 72
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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. Page 73
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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 Page 74
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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. Page 75
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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 Page 76
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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. Page 77
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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. Page 78
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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. Page 79
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INFORMATIVE NOTES Page 80
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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. Page 81
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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. Page 82
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British Sign Language (BSL) users can contact me direct by using contactSCOTLAND-BSL --- Argyll and Bute Council classify the sensitivity of emails according to the Government Security Classifications. The adopted classifications are: NOT PROTECTIVELY MARKED Non public sector business i.e. does not require protection. OFFICIAL Routine public sector business, operations and services. OFFICIAL-SENSITIVE Particularly sensitive information that can be shared on a need to know basis, where inappropriate access or release could have damaging consequences. Disclosure in response to FOISA should be verified with the data owner prior to release. OFFICIAL-SENSITIVE PERSONAL Particularly sensitive information that can be shared on a need to know basis relating to an identifiable individual, where inappropriate access or release could have damaging consequences. For example, where relating to investigations, vulnerable individuals, or the personal / medical records of people. OFFICIAL-SENSITIVE COMMERCIAL Commercial or market-sensitive information, including that subject to statutory or regulatory obligations, that may be damaging to Argyll and Bute Council, or to a commercial partner if improperly accessed. Disclosure in response to FOISA should be verified with the data owner prior to release. Argyll and Bute Council's e-mail system (also used by LiveArgyll) classifies the sensitivity of emails according to the Government Security Classifications. Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not disclose, copy or deliver this message to anyone and any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. In such case, you should destroy this message and kindly notify the sender by reply email. Opinions, conclusions and other information in this message that do not relate to the official business of Argyll and Bute Council or LiveArgyll shall be understood as neither given nor endorsed by them. All communications sent to or from Argyll and Bute Council or LiveArgyll may be subject to recording and/or monitoring in accordance with relevant legislation. This email has been scanned for viruses, vandals and malicious content. Page 83
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STATEMENT OF CASE FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 24/0014/LRB REVIEW OF CONDITION 5 ATTACHED TO PLANNING PERMISSION 23/02065/PP – ALTERATIONS TO EXISTING DWELLINGHOUSE TO FORM TWO RESIDENTIAL FLATS, GRIANAIG, LOCHAWE, DALMALLY, ARGYLL, PA33 1AW Page 85 Agenda Item 3b
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The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Ms Tracey Peedle (“the appellant”). The agent is Mr Ross Peedle / Ross Peedle Architecture (“the agent”) Planning permission 23/02065/PP for alterations to dwellinghouse to form two residential flats at Grianaig, Lochawe, Dalmally, Argyll PA33 1AW (“the appeal site”) was granted by the Planning Service under delegated powers on the 28th May 2024. This decision in respect of Condition 5 attached to that permission is the subject of referral to a Local Review Body. DESCRIPTION OF SITE The site is located within the ‘Minor Settlement’ of Lochawe immediately to the south east of the A85 trunk road and within a relatively dense residential area. The access serving the appeal site also serves two other residential properties, ‘Tigh-na-Bruaich’ and ‘Trade Winds’. The appeal property, ‘Grianaig’, at the time of planning application 23/02065/PP was a single storey hipped roof detached dwellinghouse with roof accommodation; with a low pitched roof kitchen / porch projection to the north east elevation and a flat roof conservatory to the south east elevation. At the time of the planning application, the property was a Class 9 dwellinghouse operating within the private rental sector. The planning application the subject of this Review proposed the following alterations to the existing dwellinghouse to form two residential flats (the proposed use of the property as confirmed by the applicant’s agent on the 16th May 2024): Removal of the existing flat roof conservatory to the south east elevation. The erection of a small single storey extension measuring approximately 4.5 square metres to extend the new dining area to the south east elevation. The ground floor flat will accommodate three bedrooms, a shower room, a living room, a kitchen, a laundry area and a dining area. Finishing materials proposed are of pre-stained vertical timber cladding. The formation of a raised decked area to the south east elevation. Finishing materials proposed are of painted render with a glazed balustrade. The decked area will be accessed externally via a set of steps and internally via the living room area to the ground floor apartment. Removal of the existing hipped roof and the replacement with a raised pitched roof to allow for a first floor flat. The first floor flat will accommodate two bedrooms, a shower room, an open plan living room / dining area / kitchen / breakfast bar area. Finishing materials proposed to the first floor are of pre stained vertical timber cladding with a standing seam metal roof covering. Seven roof lights and two Juliet balcony dormer windows are proposed. The formation of a raised decked area with parapet above the single storey kitchen / laundry / dining area projection to the north east elevation with a wrap-around to the south east elevation. The raised decked area will be accessed by an external stairwell to the north east elevation which will be the main access to the first floor flat. Installation of a replacement septic tank. Planning permission was granted on the 28th May 2024 subject to various planning conditions, one of which (Condition 5), and the one the subject of this Review, stated: Page 86
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“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.” STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and all other material planning considerations and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this application. REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING It is not considered that any additional information is required in light of the appellant’s submission. The issues raised were assessed in the Report of Handling which is contained in Appendix A. As such it is considered that Members have all the information they need to determine the case. Given the above and that the proposal has no complex or challenging issues, and has not been the subject of any significant public representation, it is not considered that a Hearing is required. STATEMENT OF CASE This Review rests on the single issue of whether or not the planning authority were correct to grant planning permission subject to conditions and, specifically, Condition 5. The Report of Handling (ROH) is attached as Appendix A to this Statement as background information. The planning officer submits that, in her opinion, the ROH accurately summarises the material planning issues raised by the development proposed, this being informed by the application as submitted, by the clarification of the scope and intent of the application received from the appellant’s agent, and the then-recent pre-application enquiry (23/00016/PREAPP) for the same property, submitted by the appellant and responded to by the same case officer. Pre-application enquiry reference 23/00016/PREAPP was submitted by Ms Tracey Peedle using the services of Ross Peedle as agent. The pre-application form stated that the nature of the enquiry was to obtain advice from the planning authority for a development consisting of: “Remove existing bungalow’s roof and build another storey of accommodation at first floor level. It is proposed that the single dwellinghouse be transformed into two apartments with each having their own dedicated entrance. Entrance to the apartment at the upper floor will be by means of an external stair. The ground floor apartment will use the existing entrance doorway. Space will be provided within the curtilage for two car parking spaces.” Page 87
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Under the ‘Other Relevant Information’ section of the application form it was stated: “Change from a bungalow with room in roof accommodation to a full two storey house.” Members are invited to note that nowhere in the submitted pre-application forms, plans or details is it expressly stated or implied that either or both of the proposed two ‘apartments’ would be used for short term holiday letting (STHL) use. The appellant has attached a copy of the response from the planning authority to this pre- application enquiry. Upon review of the advice provided by the case officer I conclude that it is accurate in its detail and fit for purpose given the information provided in the application. It has been held in law that a STHL is a sui generis use of a building, meaning that it is a use class entirely of its own and, given these specifics, Members are invited to conclude that had the appellant and her agent intended the planning authority to provide advice on the suitability or otherwise of a development containing one or more STHL units they should have clearly said so. The written pre-application advice was issued on the 10th February 2023. Members are invited to note that although the appellant is now making play of the fact that the pre-application advice letter did not comment on any potential STHL use of the site, they did not seek to question or clarify this at any time in the 8 months before, or during, or after the submission, consideration and determination of the subsequent planning application. The subsequent planning application the subject of this Review was submitted some eight months later on the 23rd October 2023 and validated on the 15th November 2023. The application form submitted at the time stated the proposed development as: “Amendment to and extension of existing 2 storey room in roof dwelling to form two apartments.” Again, there was no mention in the application form, in the submitted plans or in any of the supporting information that what was actually proposed was a specific and materially different STHL development. Members are invited to ask why, given that the appellant is now stating that the potential for STHL use of the development is so critical to the project, they didn’t think to clarify the intended use of the development in their subsequent planning application. Members are invited to note that during our assessment of planning application 23/02065/PP, a letter of representation from a Maureen Harris, the occupier of the adjacent dwellinghouse Tigh na Bruaich was received on the 26th November 2023 (attached as Appendix B). This letter raised concerns that the intended occupancy of the proposed development wasn’t clear from the submitted details and that there might be a possibility that the development would be used for STHL purposes, a use Ms Harris opined would be “totally inappropriate as there would be a worrying noise issue.” A copy of this letter (plus other third party representations) was sent to the agent with a request for comments. An email response was received from the agent on the 4th December 2023 (attached as Appendix C). Whilst the agent mentioned potential ‘future rental’ of the property, there was no answer to the question of whether or not the application proposed any STHL use. Given that the property at that time had been lawfully used for private long term rental as a Class 9 residential use it is extremely surprising that the agent didn’t take this opportunity to answer the central question and to clarify that what was intended was indeed a sui generis STHL use; a materially different kind of development from the full-time residential occupancy Page 88
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development understood by everybody at that time to be the subject of the planning application, and subject to very different planning policy considerations. The case officer proceeded to consider the application on the basis of the understanding that she had formed both from the earlier pre-application enquiry and from the information (or lack of) contained within the planning application. With hindsight, one might consider it unfortunate that the case officer did not seek to robustly clarify the ambiguities inherent in both the pre- application submission and the subsequent planning application and to insist on a direct and unequivocal clarification of the exact specifics of the proposed development at an earlier stage. Conversely, one might wonder why the applicant and her professional agent didn’t clearly apply for (or clarify) the type of development actually intended; particularly given that there is a material difference between a Class 9 residential use and/or long-term residential occupancy flatted development (whether for sale or assured tenancy rental) on the one hand, and as sui generis STHL occupancy on the other. Notwithstanding the above, this matter was finally resolved when the area team leader intervened prior to signing off the officer’s ROH. An email was sent to the agent on the 15th May 2024 and a reply was received the following day (correspondence attached as Appendix D). The reply simply and unambiguously stated that, “The client has confirmed that the dwellings are not planned for short term lets.” Planning permission was subsequently granted on that basis with the description of the proposed development amended to accurately reflect the clarification received. COMMENT ON APPELLANT’S SUBMISSION • The appellant states that, “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 [not have?] proceeded with the planning application and incurred the significant associated costs, but we were never given this opportunity.” Comment Neither the pre-application enquiry or the subsequent planning application raised the prospect of the development being for a STHL use. It is unrealistic and unreasonable to expect the planning officer to somehow divine the unrevealed intentions of the applicant. Notwithstanding this, the appellant’s agent expressly states in his email of 19th May 2024 that the development is not for any STHL use. The planning condition the subject of this Review was attached to the planning permission to clarify the specific nature of the development approved and was deemed necessary due to the ambiguity and obfuscation encountered in the handling of the application. • The appellant states that, “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.” Comment This comment is noted with some frustration as detailed above. The appellant should have clearly applied for a STHL development if that was what they wanted to achieve. It is a very different type of development and is assessed under different planning policies (specifically NPF4 Policy 30). There was ample time between the pre-application enquiry and the submission of the planning application to Page 89
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have done so. Equally, there was scope for the appellant to have withdrawn the planning application and resubmitted it on the correct basis, particularly when the matter was first raised by the neighbour in November 2023. • The appellant states that, “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. Comment The STHL licencing requirement does not replace planning considerations. As previously stated, the STHL use of a property is a ‘sui generis’ use. There is no automatic right to use a property as a STHL and no ‘deemed consent’ under planning legislation. Whether or not the use of a residential property as a STHL requires planning permission is assessed on a case by case basis; the core test for planning being whether or not the STHL use of an existing building would constitute a ‘material change of use’. The erection of a building or extension of a building specifically for STHL use will usually always require planning permission under current planning legislation; both locally and nationally. In the case of the property the subject of this review, whilst the use of the existing Class 9 bungalow might not require planning permission for use as a single STHL (subject to an appropriate assessment of the specifics of the proposal by the planning authority and subject to separate statutory licensing requirements), the conversion of an existing Class 9 dwellinghouse into two or more residential flats for long-term residential occupancy requires planning permission. The conversion of a single Class 9 dwellinghouse for two or more STHL units also requires planning permission but the assessment required by the planning authority would be materially different for these two different types of development. They are not interchangeable and Condition 5 seeks to make this clear. In addition, the Council’s approved and publically available ‘Planning Advice for Short Term Holiday Lets’ guidance explains that whilst each proposal for use of an existing residential building is required to be considered on a case by case basis, the STHL use of an existing residential flat or flats is more likely to require planning permission because it is more likely that this will constitute a material change of use. Again, Condition 5 is there to make it clear that the future use of the building (if converted into two flats as granted by the planning permission the subject of this Review) would, in the assessment of the planning authority require planning permission. It is important that Members understand that Condition 5 of planning permission 23/02065/PP would not necessarily prevent the future use of one or both flats as a STHL but that a separate planning permission would be required. • The appellant states that, “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)” Comment This is simply inaccurate. Condition 5 is a minor variation of one of our ‘standard planning conditions’ and is widely used where appropriate to do so. The examples of other permissions provided by the appellant all relate to developments consisting solely or mainly of the erection of a single detached dwellinghouse (not flatted development) where it was considered that the precise scope of the development had been accurately and unambiguously described within the application Page 90
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and, notwithstanding this, where the planning authority had assessed that any potential future use of the resulting dwellinghouse as a single STHL would, at the time of decision and given current legislation, be somewhat unlikely to require planning permission such that it was not considered necessary to define the scope of the planning permission in the same way. Members are however invited to note that in the first example provided by the appellant (20/02266/PP – Erection of Dwelling House and Workshop/Storage Shed etc, Land West of Laggan Cottage, Stronmilchan) a similar planning condition was used to define and control any potential future use of the workshop/storage shed part of the development. Condition 5 of that permission states: “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.” • The appellant states that, “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.” Comment It is acknowledged that the planning application the subject of this Review was (or was purported to be at the time) for the extension and conversion of an existing residential bungalow (with accommodation in the attic space) to form two separate residential flats (or ‘apartments’ as the appellant described them). This was entirely understood both by SEPA and by the planning authority. The reason that SEPA required a flood risk assessment is because the proposed development is within the flood risk zone of a burn to the east of the site and that the development proposed an increased flood risk vulnerability by enlarging the building and doubling the number of residential planning units. The contested Condition 5 relates to the potential future use of the development or any unconsented alternative use of the development as one or more STHL units and explains that any such use would, in the assessment of the planning authority, require planning permission and that such a use might be contrary to the relevant part of NPF4 Policy 30 which seeks to prevent (as far as it is able) the loss of permanent homes to short term holiday letting uses and thus address the national ‘housing emergency’. The relevant part of Policy 30 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.” • The appellant states, “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 Page 91
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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. Comment The report of handling does not mention NPF4 Policy 30 simply because that policy was not relevant to the development as proposed at the time. Had the planning application been submitted on the basis that the intended use of the development was for STHL units then Policy 30 would have been a material planning consideration and would have carried substantial weight. The planning condition the subject of this Review speaks to any future intent to use the extended and converted building not for the permanent residential use of the two flats created by virtue of the planning permission but instead as STHL units. It was considered reasonable and necessary to do so and, as it turns out, that decision has proved correct. • The appellant states, “Environmental Health raised no objections to the proposal but requested plans put in place to reduce noise if short term letting was proposed.” Comment This comment is noted but irrelevant as the application the subject of this Review was for the extension and conversion of a dwellinghouse to form two residential flats and not for any STHL use, as confirmed by the agent in writing. Should the appellant decide to develop the site for STHL purposes rather than for what she applied for then any comments of the Council’s environmental health officer will be a material planning consideration at that time. CONCLUSION Members are respectfully urged to dismiss this Notice of Review for the reasons stated above. Notwithstanding this, all parties are advised that even if the Review succeeds and Condition 5 is stricken from the decision, any alternative use of the development to provide STHL units will require a separate planning permission. Similarly, it remains the assessment of the planning authority that any future use of the building from the two residential flats approved under planning permission 23/02065/PP to a use consisting of STHL units in a flatted residential block is, at time of writing, likely to require planning permission and will be subject to an appropriate assessment against the planning policies in force at that time. Page 92
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APPENDIX A Report of Handling Relative to 23/02065/PP Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 23/02065/PP Planning Hierarchy: Local Applicant: Ms Tracey Peedle Proposal: Alterations to existing dwellinghouse to form two residential flats. Site Address: Grianaig, Lochawe, Dalmally, Argyll DECISION ROUTE ☒Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☐Committee - Local Government Scotland Act 1973 (A) THE APPLICATION Page 93
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(i) Development Requiring Express Planning Permission • Alterations to existing dwellinghouse to form two residential flats • Replace and raise the roof to accommodate a first floor • Erection of small extension to the south east elevation • Removal of conservatory • Formation of a decked area • Formation of an upper decked area • Installation of septic tank (ii) Other specified operations • Internal alterations to the layout • Utilise existing vehicular access • Connection to the public water main (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Transport Scotland Letter dated 23.11.2023 advising that they do not propose to advise against the granting of permission. Environmental Health (EH) Memo dated 29.11.2023 advising no objection to the proposed development which, if appropriate, will be subject to The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 1992. The agent has advised that the two residential flats will not be used for short term lets but will form two full-time occupancy dwelling units. SEPA Report dated 23.04.2024 advising that the 200-year plus climate change level for Loch Awe is 42.32m AOD and the dwellinghouse appears to sit above the 60m AOD (above ordnance datum) contour, so SEPA are content that it is not at risk from high loch levels. However, there is a small burn that runs to the east of the site and we had concerns that a potential blockage on the upstream side of the road bridge may have resulted in flood waters finding their way onto the site. A Flood Risk Assessment (FRA) and a topographical survey have been submitted which SEPA have reviewed and based on the information provided, SEPA are satisfied that any surcharged flow would not impact the house and would flow down the hill/ road that is close to the outfall of the culvert. Advisory comments were submitted and such a note to applicant will be attached. Area Roads Page 94
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Report dated 21.11.2023 advising no objections subject to a condition for the provision of parking and turning for two vehicles per flatted property. Flood Risk Management (JBA) Report dated 05.12.2024 advising no objections to the proposed development. JBA advise that the site is located in Lochawe, on the eastern side of the A85, on the banks of Loch Awe. LiDAR data suggests there is an unnamed watercourse that runs down the northeastern boundary of the site. LIDAR is present at the site alongside the provided rough topographic survey, which display elevations ranging from elevations of approximately 55.4 metres above Ordnance Datum (mAOD) in the eastern corner of the site, up to approximately 65.5 mAOD in the southwestern corner. No information pertaining to historical flooding at the site has been supplied within the application. The site lies outwith the limits of coastal and surface water flooding, however, fluvial flooding poses a slight risk upon the site, as per the SEPA Future Flood Maps. However, with reference to the site plan, it is evident that the dwellinghouse lies outwith the flood extent which is acceptable. The above represents a summary of the issues raised. Full details of the consultation responses are available to view via the Public Access section of the Council’s website. (D) HISTORY: 23/00016/PREAPP - Change from a Bungalow with room in roof to a full two storey house Advice given. (E) PUBLICITY: The proposal has been advertised in terms of Regulation 20 and Neighbour Notification procedures, overall closing date 21.12.2023 (F) REPRESENTATIONS: (i) Representations received from: Capt. George S Hannah, Stravaiger, Lochawe, Dalmally, Argyll, PA33 1 AW, dated 26.11.2023. Lindsay Kirkpatrick, Trade Winds, Lochawe, Dalmally, Argyll, PA33 1 AW, dated 02.12.2023. Maureen Hennis, Tigh Na Bruaich, Lochawe, Dalmally, Argyll, PA33 1 AW, dated 26.11.2023. Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: • Concerns with irregularities on the Neighbour Notification plan. Page 95
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Planning Authority Comment: The neighbouring properties were notified in terms of the Town and Country Planning (Development management Procedure) (Scotland) Regulations 2013. The attached plan is for indicative purposes only. • Concerns with the provision of parking which will cause major difficulties as there will no longer be sufficient vehicular turning space for all concerned. Planning Authority Comment: The Area Roads Authority were consulted on the proposal and a planning condition was recommended for the provision of parking and turning for two vehicles per dwellinghouse. The provision of other vehicles tuning within the applicants site is a civil matter and not a matter for the planning authority. • Concerns with noise should the flats be used as holiday lets. Planning Authority Comment: The agent has advised that the two residential flats will not be used for short term lets. • Concerns with residential amenity; the south east elevation directly overlooks Tigh Na Bruaich. Planning Authority Comment: As existing Grianaig is set back in an elevated position approximately 28 metres above Tigh Na Bruaich, therefore, given that there is sufficient height and distance separation it is not considered that there will be any additional impact on the residential amenity on Tigh Na Bruaich. • Concerns with noise disruption during the development. Planning Authority Comment: The Council’s Environmental Health (EH) department were consulted on the proposal and no objections were raised or planning conditions to be imposed for the construction of the proposed development. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) A Sustainability Checklist (with reference to the requirements of LDP2 Policy 04) TN06 and TNo7 have been submitted in support of the planning application together with the site visit undertaken, has demonstrated that there will be no significant adverse effect on landscape ☒Yes ☐No Page 96
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and visual amenity arising from the development of the site. In this instance, it is not considered that any further landscape/visual information is required to allow a decision on the proposal to be made. (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☐Yes ☒No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes NPF4 Policy 17 – Rural Homes NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 20th November 2023) Spatial and Settlement Strategy Page 97
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Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 11 – Design – Conversions and Change of Use Connected Places 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 38 – Construction Standards for Public Roads Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 59 – Water Quality and the Environment Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • ABC Landscape Studies • ABC Housing Needs and Demand Assessment • ABC Housing Emergency Statement (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No Page 98
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(L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No (O)(i) Key Constraints/Designations Affected by the Development: • North Argyll – Local Landscape Area (LLA) (O)(ii) Soils Agricultural Land Classification: 6.10 Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☒Brownfield ☐Brownfield Reclaimed by Nature ☐Greenfield ABC LDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations Page 99
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Planning permission is sought for alterations to an existing single dwellinghouse to form two full-time occupancy residential flats at Grianaig, Lochawe, Dalmally in Argyll. Grianaig as existing is a single storey hipped roof detached dwellinghouse with roof accommodation; benefitting from a low pitched roof kitchen / porch projection to the north east elevation and a flat roof conservatory to the south east elevation. The planning application proposes the following alterations to the existing dwellinghouse to form two residential flats: Removal of the existing flat roof conservatory to the south east elevation. The erection of a small single storey extension measuring approximately 4.5 square metres to extend the new dining area to the south east elevation. The ground floor flat will accommodate three bedrooms, a shower room, a living room, a kitchen, a laundry area and a dining area. Finishing materials proposed are of pre stained vertical timber cladding. The formation of a raised decked area to the south east elevation. Finishing materials proposed are of painted render with a glazed balustrade. The decked area will be accessed externally via a set of steps and internally via the living room area to the ground floor apartment. Removal of the existing hipped roof and the replacement with a raised pitched roof to allow for a first floor flat. The first floor flat will accommodate two bedrooms, a shower room, an open plan living room / dining area / kitchen / breakfast bar area. Finishing materials proposed to the first floor are of pre stained vertical timber cladding with a standing seam metal roof covering. Seven roof lights and two Juliet balcony dormer windows are proposed. The formation of a raised decked area with parapet above the single storey kitchen / laundry / dining area projection to the north east elevation with a wrap-around to the south east elevation. The raised decked area will be accessed by an external stairwell to the north east elevation which will be the main access to the first floor flat. Installation of a replacement septic tank. It is considered that the alterations to the existing dwellinghouse to form two residential flats is an acceptable proposal which is of an appropriate scale, design and finishes which will respect the surrounding development. The access and servicing arrangements are discussed in more detail in the relevant sections below. Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024 which, together with NPF4 which was adopted on 13 February 2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. Page 100
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NPF4 Policy 1 – Tackling the Climate and Nature Crises seek to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. NPF4 Policy 2 – Climate, Mitigation and Adaption seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. With regards to the need in NPF4 Policy 3 to secure biodiversity improvements, it is not considered that there are any issues of compliance with Policy 3. No material biodiversity impacts have been identified in the assessment of this application by the Planning Authority and whilst no specific proposals for biodiversity improvements have been submitted it is considered that adequate and proportionate measures for biodiversity enhancement and protection can be delivered by planning condition. With a condition to secure adequate and proportionate biodiversity enhancement and protection measures within the development, as part of the proposed landscaping scheme for the site, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity. NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The proposed development is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a local landscape area or a site designated as a local nature conservation site or within an area identified as wild land. Whilst the site is located within the North Argyll Local Landscape Area, the proposal the subject of this planning application is seeking alterations to an existing dwellinghouse to form two apartments. Although the roof will be raised to accommodate the two apartments, there is adequate substantial screening surrounding the existing property and also to the opposite side of the A85 trunk road, therefore it is the considered opinion of the Planning Authority that the proposal will not result in any significant adverse effects on the integrity of the area or the qualities for which it has been identified. Page 101
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The proposed development is considered to be consistent with NPF4 Policy 4 and does not conflict LDP2 Policy 71, Development Impact on Local Landscape Areas. NPF4 Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. NPF4 Policy 9(d) provides support for development proposals for the reuse of existing buildings, where consideration is given to their suitability for conversion to other uses. The proposed development to alter an existing dwellinghouse to form two residential flats would provide a suitable opportunity for the reuse of an existing building, where such a use requires some internal and external alterations. The proposal represents an appropriate opportunity for the reuse of brownfield land, redeveloping an existing building consistent with NPF4 Policy 9 which does not conflict with the spatial and settlement strategy set out in LDP2 Policy 01. NPF4 Policy 12 – Zero Waste seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission to alter an existing dwellinghouse to form two residential flats. Whilst this is a development likely to generate waste when operational, it will benefit from regular waste uplifts by the Council and will be expected to comply with our adopted and enforced recycling and reuse strategy. In this regard, the proposed development is considered to be in compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy 63, Waste Related Development and Waste Management which seek to ensure that effective provision for waste/recycling is provided within developments. NPF4 Policy 13 – Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The application is seeking to secure permission for alterations to an existing dwellinghouse to form two residential flats which is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. The application proposes to utilise an existing vehicular access spurring from the A85 Oban – Tyndrum Trunk road. The Roads Authority were consulted on the proposal and no objections were raised subject to a planning condition for the provision of parking and turning for two vehicles per dwellinghouse. Transport Scotland were consulted on the proposal who advised that they do not propose to advise against the granting of permission. The site plan shows a parking and turning area to serve 4 vehicles which is compliant with the car parking standards set out in LDP2 to serve the proposed apartments. The proposal is consistent with the broad aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 35, 37, 38, 39 and which collectively seek to ensure that proposed developments are served by a suitable and safe access regime Page 102
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and provide appropriate parking provision commensurate with the scale of the development proposed. NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. The development the subject of this planning application seeks to secure permission for alterations to an existing dwellinghouse to form two residential flats, the design and finishes of which are considered to be acceptable, ensuring that the proposal will integrate well within the site and wider landscape without any significant adverse visual impact arising. The application proposes to remove the existing hipped roof to form a first floor flat with a pitched roof. The proposed finishing material of pre stained vertical timber cladding to the first floor with a standing seam metal roof covering will result in a contemporary finish whilst acknowledging the various finishes in the immediate locale. Narrow transom windows, Juliet balcony dormer windows are roof lights are proposed to the south east elevation which will take advantage of views over Loch Awe. The development the subject of this planning application is considered to be in accordance with the broad aims of NPF4 Policy 14 and does not conflict with the sustainable siting and design principles set out in Policies 04, 05, 08, 09, 10 and 11 of LDP2 which collectively seek to ensure that developments are sited appropriately and are of a suitable, form, scale and design incorporating finishing materials which ensure that they will visually integrate into the site and wider landscape and not adversely impact on neighbouring properties. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods seeks to encourage, promote and facilitate the application of the ‘Place Principle’ and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In terms of our adopted settlement strategy, the proposal for alterations to an existing dwellinghouse to form two residential flats is in an area identified as being within a defined ‘Settlement Area’ where LDP2 Policy 01 gives a general presumption in favour of sustainable development where it is compatible with surrounding uses; provides suitable access and infrastructure; is of an appropriate scale and fit for the size of settlement in which it is proposed; it respects the character and appearance of the surrounding landscape in terms of density, scale, massing, design, external finishes and that it complies with all other relevant LDP2 policies. In this instance, it is considered that the small scale of the proposed development, and its rural location, would reasonably comply with Policy 15 of NPF4 given the existing dispersed geographical scale of the environment within which the development is to be located, and given its compliance with the existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding area where people can reasonably meet the majority of their daily needs within a reasonable distance of their home. The proposed development aligns with NPF4 and there is no conflict with LDP2 Policy 01. Page 103
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NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(c) supports development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, including ‘self-provided homes’ of which the proposed development represents. With regards to Part (f) of Policy 16(i) an agreed timescale for build-out will be covered through the use of a planning condition; 16(ii), whilst the development proposed by this planning application is not on land actively allocated for housing in the LDP2, it would wholly accord with the adopted settlement strategy and would accord with the principles of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the proposal is consistent with NPF4 Policy 17, Rural Homes, being a suitable site which is in keeping with the character of the area. The proposed development is deemed to be consistent with NPF4 Policy 16 and there is no conflict with LDP 2 Policy 01, ‘Settlement Area’ due to the proposed development being of an appropriate scale, design and use for its site within the defined settlement. NPF4 Policy 17 – Rural Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy 17(a) supports development proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area. Policy 17(b) requires proposals for new homes in rural areas to consider how the development will contribute towards local living and take into account identified local housing needs. It is has already been seen at NPF4 Policy 15 above that the proposed development is consistent with our adopted settlement strategy policies and that it would have no materially harmful access or environmental impact. The proposed development seeks alterations to an existing dwellinghouse to form two apartments which would accord with the Council’s key planning policies aims of supporting and sustaining fragile rural communities by contributing to actions to reverse our falling rural populations and supporting the local economy. Policy 17(c) offers support to new homes in remote rural areas where such proposals (i) support and sustain existing fragile communities; (ii) support identified local housing outcomes; and (iii) are suitable in terms of location, access and environmental impact. The development proposed accords with the broad aims of NPF4 Policy 17 and does not conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design all Development, and Policy 67, Provision of Housing to Meet Local Needs. NPF4 Policy 18 – Infrastructure First seeks to encourage, promote and facilitate an infrastructure first approach to land use, which puts infrastructure considerations at the heart of placemaking. The development the subject of this planning application proposes a private drainage system comprising a replacement septic tank and soakaway with water supply via Page 104
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connection to the existing public water main. The Council’s Building Standards Service will apply suitable control over the detailed arrangements of the proposed private drainage system at Building Warrant stage. The proposed development aligns with NPF4 Policy 18 and is in accordance with LDP2 Policy 04, Sustainable Development, and Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable infrastructure is available to serve proposed developments and give support to private drainage arrangements where connection to the public system is not available. NPF4 Policy 22 – Flood Risk and Water Management seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed at NPF4 Policy 18 above, the development the subject of this planning application proposes connection to the existing public water main. With regards to the management of rain and surface water at the site, this will be controlled thorough a condition imposed on the grant of permission to secure a suitable sustainable drainage system for the site. JBA and SEPA were consulted on the proposal and no objections were raised. SEPA advised that there is a small burn that runs to the east of the site and they had concerns that a potential blockage on the upstream side of the road bridge may have resulted in flood waters finding their way onto the site. However, a Flood Risk Assessment (FRA) and a topographical survey were submitted which SEPA have reviewed and based on the information provided, SEPA are satisfied that any surcharged flow would not impact the house and would flow down the hill/ road that is close to the outfall of the culvert. The proposal aligns with NPF4 Policy 22 and LDP2 Policy 55, Flooding and Policy 61, Sustainable Drainage Systems. The development has been assessed against all of the above potential constraints and designations and has been determined to raise no issues or concerns except for any specifically referred to within this summary assessment and accordingly it is recommended that planning permission is granted subject to the conditions contained within this report. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: 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. Page 105
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(S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Judith Stephen Date: 28.05.2024 Reviewing Officer: Tim Williams Date: 28.05.2024 Fergus Murray Head of Development & Economic Growth Page 106
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO 23/02065/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 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 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. • 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 Page 107
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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. 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. Page 108
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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): ☐Yes ☒No If Yes: The terms of the Section 75 obligation may be viewed on the Council’s website at www.argyll-bute.gov.uk by recalling the application reference number on the Council’s Public Access Module and then by “Clicking” Section 75 Obligation under the attached correspondence or by viewing the Public Planning register located at Planning Services, 1A Manse Brae, Lochgilphead, Argyll, PA31 8RD. (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 (C) Is the proposal consistent with the Development Plan? ☒Yes ☐No (D) The reason why planning permission has been approved: 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. Page 109
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APPENDIX B Letter of representation from a Maureen Harris, the occupier of the adjacent dwellinghouse Tigh na Bruaich Tigh Na Bruaich Lochawe Dalmally Argyll PA33 1AW 26th November 2023 Via email Planning.olandi@argyll-bute.gov.uk Dear Sir/Madam, I write in response to the Neighbour Notification Ref. No 23/02065/PP dated 17th November, however received by myself on 24th November, for the alterations to the existing cottage Grianaig to two apartments. I have several concerns. (1) Nowhere in the application does it state what the apartments are to be used for. The property is currently used to house staff from The Ben Cruachan Inn. Is this going to continue or are the apartments to be used as holiday lets? I feel this would be totally inappropriate as there would be a worrying noise issue. There has already been problems at this property when parties were held and dreadful noise during the night was heard throughout Lochawe village. A meeting of villagers subsequently took place with the ex manager of The Ben Cruachan Inn, who also managed the said property at the time, and a verbal apology was received. We therefore fear the impact these apartments will have on the residents living in all the neighbouring properties. (2) Access. The access to Tigh Na Bruaich must be kept open at all times due to health Issues. It is imperative the access to adjoining properties is never blocked. The access road to adjoining properties cannot be used for skips or contractor’s vehicles or builders lorries. Where are these going to go? (3) Residential amenity - The proposed South East elevation directly overlooks my property with 7 windows and 2 patio doors. Not acceptable. Plus there are two decking areas which also look directly into my property. Therefore I have huge concerns regarding lack of privacy and noise likely from this development. (4) There are irregularities on the map sent with your letter. My garage is shown on Stravaiger land. Obviously my garage is on Tigh Na Bruaich land. Plus, the name Tigh Na Bruaich appears on Stravaigar land and should be to the left of the stream. The disruption from this development is of great concern and causing much unwanted anxiety. I trust you will get back to me in due course. Yours sincerely, Page 110
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Maureen Hennis Mrs. Maureen Hennis Page 111
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APPENDIX C Email response was received from the agent on the 4th December 2023 Page 112
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APPENDIX D Email was sent to the agent on the 15th May 2024 and a reply was received the following day. Page 113
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From: Planning.North To: localreviewprocess Subject: PCS-20002678 SEPA Response to 24/0014/LRB Date: 20 August 2024 10:38:18 Attachments: image.png To Whom It May Concern Town and Country Planning (Scotland) Acts 24/0014/LRB Intimation of Receipt of Notice of Review - Amendments to and Extension of Existing 2 Storey Room in Roof Dwelling to Form Two Apartments (23/02065/PP) Grianaig, Lochawe, Dalmally PA33 1AW Thank you for your email enclosing the intimation of receipt of Notice of Review in respect of the above case. We note the comments in point 5 of section 7 of the Notice of Review “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” For the avoidance of doubt, SEPA understand the proposal is for the sub-division of an existing house into two dwellings. However, whether the proposal is constituted “new residential development”, or not, is wholly a matter for the Planning Authority to determine. I trust these comments are of assistance - please do not hesitate to contact me if you require any further information. Kind regards Nicki Dunn Senior Planning Officer Disclaimer Page 114
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The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients. Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient, please notify us immediately by return email to postmaster@sepa.org.uk. Registered office: SEPA, Angus Smith Building, 6 Parklands Avenue, Eurocentral, Holytown, North Lanarkshire, ML1 4WQ. Communications with SEPA may be monitored or recorded or released in order to secure the effective operation of the system and for other lawful purposes. Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a bhith air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom fhaighinn air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh arithist. Mura h-ann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk. Togalach Aonghais Mhic a' Ghobhainn, 6 Craobhraid Parklands, Eurocentral, Baile a' Chuilinn, Siorrachd Lannraig a Tuath, ML1 4WQ. Faodar conaltradh còmhla ri SEPA a sgrùdadh no a chlàradh no a sgaoileadh gus obrachadh èifeachdach an t-siostaim a ghlèidheadh agus airson adhbharan laghail eile. Page 115
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Print Date 27/08/2024 Page No 1 Revised October 2019 (Freeboard wording revised; CIRIA C753 reference added; UKCP18 reference added) FLOOD RISK MANAGEMENT - OBSERVATIONS ON PLANNING APPLICATION RECOMMENDATION No Objections / No Objections subject to Conditions / Refuse / Defer Decision FLOODING AND DRAINAGE CHECKLIST Meets Requirements- Yes/No/Not Applicable 1. Fluvial/Coastal/ Pluvial Flood Risk Management 2. Surface Water Drainage Proposals 3. SUDS Design and Implementation (a ) Records of previous flooding incidents at the design location included in the application No (a) Drainage Layout and construction details provided with locations of surface water discharge shown. N/A (a) SUDS required and adequate levels of treatment provided as detailed in WAT-RM-08(SEPA) N/A (b) Site lies outwith flood plains as indicated by SEPA Fluvial & Coastal Flood Maps for the required return period (1:200 + CC year event). No (b) . Design calculations for proposed SWD system including freeboard allowance submitted. The 1 in 200 year plus CC flood event contained on site N/A (b)Design Calculations and construction details in accordance with CIRIA C753 or other approved provided and meets requirements N/A (c) Do proposed FFL’s exceed 1 in 200 year event plus CC plus 0.6 m freeboard. For coastal sites CFB level used with allowances for UKCP18 CC, wave height plus 0.6 m freeboard N/A (c) Existing site drainage identified and proved. Capacity and ownership identified. Relevant permissions granted for connections or removal. N/A (c) Section 7 Agreement with Scottish Water required and agreed between Roads Authority & Scottish Water N/A (d) Flood Risk Assessment provided and meets requirements N/A (d) ) Method statement detailing surface water containment during construction provided and meets requirements of GBR’s detailed in WAT-SG-12(SEPA) N/A (d)Suitable maintenance regime for SUDS documented and agreed by all relevant parties in application N/A (e) Methodology for estimating run off and design flows acceptable N/A (e ) Drainage Statement/Assessment provided as detailed in Drainage Assessment- A Guide For Scotland SUDSWP and relevant Planning Advice Notes (PAN) N/A (e) Site investigation / Soil Classification of site and method of determination for permeability provided and meets requirements N/A (f) Overland Flow risk, to and from site estimated and cut off drainage or other measures considered appropriate N/A Item Ref. COMMENTS 1 1a 1b-c 2-3 The site is located in Lochawe, on the eastern side of the A85, on the banks of Loch Awe. LiDAR data suggests there is an unnamed watercourse that runs down the northeastern boundary of the site. LIDAR is present at the site alongside the provided rough topographic survey, which display elevations ranging from elevations of approximately 55.4 metres above Ordnance Datum (mAOD) in the eastern corner of the site, up to approximately 65.5 mAOD in the southwestern corner. We have been informed of a Notice of Review regarding this application (reference 24/0014/LRB). We understand that this is regarding the applicants request for removal of Condition 5 regarding the application. Condition 5 attached to the application does not relate to flood risk, as such our consultee response, dated 5th December 2023, remains unchanged. This has been copied below for convenience. No information pertaining to historical flooding at the site has been supplied within the application. The site lies outwith the limits of coastal and surface water flooding, however, fluvial flooding poses a slight risk upon the site, as per the SEPA Future Flood Maps. However, with reference to the site plan, it is evident that the dwellinghouse lies outwith the flood extent. This is acceptable. Drainage assumed as existing. Infrastructure Design Argyll and Bute Council Civic Centre 38 East Clyde Street Helensburgh G84 7PG Planning Ref No: 23/02065/PP Design File Ref: R122004 / Date Received: 21/11/2023 Planning Application: Full Type File Ref : RP 1G Site Grid Reference : 211446 726638 Applicant : Ms Tracey Peedle Proposed Development : Alterations to existing dwellinghouse to form two apartments. Location: Grianaig Lochawe Dalmally Argyll And Bute PA33 1AW Documents submitted: Site plan, topographic survey Page 116
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Print Date 27/08/2024 Page No 2 Revised October 2019 (Freeboard wording revised; CIRIA C753 reference added; UKCP18 reference added) CONDITIONS/REASONS FOR DEFERMENT No objections. Signed : JBA Consulting Contact No.: 0131 319 2940 Position: Organisation: JBA Consulting Date: 27/08/2024 Page 117
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From: H HENNIS To: localreviewprocess Cc: MacInnes, Hazel; Jackson, Iain Subject: Planning Application 23/02065/PP Date: 18 August 2024 12:02:26 Dear Sir, Review Ref. No - 24/0014/LRB Ref. No of Planning Application - 23/02065/PP Address of Review property - Grianaig, Lochawe, PA33 1AW I would refer you to my submitted letter of 26/11/2023. The objections in this letter still stand and I reiterate item 1 of my letter:- (1) 'The property is currently used to house staff from The Ben Cruachan Inn. Is this going to continue or are the apartments to be used as holiday lets? I feel this would be totally inappropriate as there would be a worrying noise issue. There have already been problems at this property when parties were held and dreadful noise during the night was heard throughout Lochawe village. A meeting of villagers subsequently took place with the ex manager of The Ben Cruachan Inn, who also managed the said property at the time and a verbal apology was received. We therefore fear the impact these apartments will have on the residents living in all the neighbouring properties.' We now know my fears have been confirmed, even though an email from Mr. Ross Peedle assured the council that there was no intention to use the apartments for short term lets. In the review request item (7) 5. it states the development is constituted a NEW residential Development and is not an extension of an EXISTING property, and states "As the planning authority agree that the application was a new residential development then the justification for imposing the restrictive condition cannot apply as NPF4 Policy 30 is applicable only to existing residential development". However, in item (6) Description of Proposal, it clearly states 'Amendments to and extension of existing two storey room in roof dwelling to form 2 apartments' Surely this is a contradiction. I would also reiterate my huge concerns regarding the two patio areas and large number of windows/patio doors looking directly into my property. This is a total invasion of my privacy. I must also voice my huge concerns about the amount of sewage the apartments would Page 118
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create. The septic tank at Grianaig overflows into the burn, which flows into Loch Awe. The smell from the burn is often overpowering and added sewage is only going to make this problem even worse. The parking situation is another concern as there needs to be space for residents of the existing properties to be able to turn safely from the A85 onto their own drives safely. There is certainly not sufficient space for the parking of 4 cars. Taking all these points into consideration, I wish to object in the strongest possible terms to the property being used for short term (holiday) lets as the property is in a very quiet, totally residential area and the disruption/noise from this development would be a huge issue for existing residents. Yours sincerely Mrs. Maureen Hennis Tigh Na Bruaich Lochawe PA33 1AW Page 119
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From: To: Cc: Subject: Date: G Hannah localreviewprocess MacInnes, Hazel Short term lets Grianaig Lochawe PA33 1AW 18 August 2024 19:14:09 Ref.No-24/0014/LRB Ref. No of planning Application – 23/02065/PP Grianaig, Lochawe,PA331AW. 16.08.2024 Dear Sir/Madam Regarding the email I received on the 14th.August 2024 about a change from Long term lets to short term holiday lets in the existing property of Grianaig Lochawe. Firstly I would like to strongly Object to this request to a change from long term to short term holiday lets. My reasons for objecting are listed below :- 1. In the past and under a different Manager of the Ben Cruachan Inn a party was held at Grianaig by some Staff members and various other male and female persons. This resulted in extreme noise and bad language from both males and females. The noise was heard by most neighbours and also by some residents in St. Conan’s road and some of the neighbours were frightened as to what may happen if things got worse. This party continued until around 4am the following morning and the neighbours were left to clear up the the broken glass on the driveway. 2. The Ben Cruachan Inn had some control over their staff but if paying short term let tourists are allowed then they expect to enjoy their holiday and if it means having a barbeque with friends until all hours then this can not be controlled. Why pay for a holiday and not be allowed to do what you want? 3. The Septic tank for this property was home made in the late 1920’s and is certainly not capable of handling sewage from two holiday apartments. The sewage is discharged into the burn which then flows into Lochawe. 4. The increased traffic may also cause many problems and as I said in the past they do not have adequate parking if this development takes place. 5. On 15th. May 2024 Judith Stephen, Planning Technician wrote to Mr. Ross Peddle Architect regarding whether the applicant Ms Tracey Peedle was intending the use to be for short or long term lets Mr. Ross Peedle replied that the client has confirmed that the dwellings are not planned for short term lets. 6. My wife and I have lived here since 1984 and this is the first time we have experienced such noise and bad behaviour and we believe that short term lets may result in many more incidents in the future, Kind regards, Page 120
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George S. Hannah. Stravaiger, Lochawe, Argyll PA33 1AW. Page 121
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From: Lindsay Kirkpatrick To: localreviewprocess Cc: MacInnes, Hazel Subject: Short term lets Grianaig Lochawe PA33 1AW Date: 24 August 2024 18:30:53 Ref.No. - 24/0014/LRB Ref.No. of planning application - 23/02065/PP Grianaig, Lochawe PA33 1AW Dear Sir/Madam, Having received your email on the 14th August 2024 regarding proposed changes to the letting arrangements for the above said property; I wish to inform you that I strongly object to this new proposal. Whilst the property was under the supervision of the previous manager at the Ben Cruachan Inn; local residents had no major complaints about the occupants - employees at the Inn - except for one occasion. During this incident. a party was held at the property and the surrounding neighbours were subjected to unacceptable noise, behaviour and bad language. Fortunately, the Ben Cruachan Inn had some control over its staff and the issue was resolved. However, if short term lets are to become the norm, there will be no individual available to prevent a repetition of this kind of behaviour. This is a very quiet residential area where neighbours look out for each other. Many are mature citizens who are not used to unpleasantness resulting from visitors bad behaviour. We do not wish to deter people from coming to Lochawe, however; we live here permanently and it would be totally unacceptable to have to constantly call the police to deal with unpleasant incidents that might occur- excessive noise being one of them. The constant changes of individuals or groups will certainly cause problems with a) parking and traffic - already mentioned in a previous letter; b) constant use of the Septic Tank which I understand is in need of repair - unpleasant smells already emanating from this; and c) constant overlooking of other properties and possible trespassing issues and damage to land that does not belong to said property. Finally, on the 15th August 2024, Judith Stephen, wrote to Mr Ross Peedle about the proposed lets. She wished to know whether Ms Peedle intended the dwellings to be used for short or long term lets. Mr Ross Peedle replied that the client had confirmed that the dwellings were NOT to be used for short term lets. Yours sincerely Lindsay Kirkpatrick (Mrs) Tradewinds, Lochawe, Argyll PA331AWn Sent from my iPhone Page 122
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1 24/0014/LRB Response to Council’s Statement of Case Argyll and Bute Council Local Review Body 24/0014/LRB Planning Permission 23/02065/PP Applicant’s Response to Representations made by Planning Authority, Consultees and Interested Parties Further to the email from Hazel MacInnes, Senior Committee Member, Legal and Regulatory Support, Argyll and Bute Council, to me dated 29th August, I thank you for the opportunity to respond to the representations made by the Argyll and Bute Planning Authority (Planning Authority) and interested parties. This request for review relates to Condition No.5 attached to the planning consent 23/02065/PP, namely: 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. Statement of Case (by Planning Authority) A Statement of Case (SoC) was sent as an attachment to the email of 29th August 2024, referenced above, which I will assume is from one of the Council’s planning officers. However, the SoC is not signed and there is no name or designation attached to it. Having read this SoC there are a number of issues which I would like to respond to (these are in addition to my original statement which is reproduced in Appendix 1 of this document): i. Firstly, I must state for the record that at no time did I seek to be ambiguous or to obfuscatory, in any way, in relation to the proposed development or how the residential property might be used. It is very disappointing that the author of the SoC has levelled a personal accusation at me of ambiguous and obfuscatory behaviour in the SoC, inferring underhanded behaviour. I do not know how this conclusion was arrived at and I would have expected a more professional approach from the author of the SoC. Phrases such as “it is unrealistic and unreasonable to expect the planning officer to somehow divine the unrevealed intentions of the applicant” are not what I would have expected to read in a Statement of Case document. ii. As background information I would like the Local Review Body to know that I have previously engaged with the planning process in Argyll and Bute over a period spanning more than 20 years and have successfully created some high quality developments including the conversion of a derelict barn to form a dwelling house (which won a design award from Argyll and Bute Council), erection of a new dwelling house and erection of 2 eco-cabins. In all of these cases I have sought the advice of the Planning Authority at an early stage and responded to any changes sought by the Planning Authority. I have always taken a professional approach which has continued in relation to the current proposed development. Page 123 Agenda Item 3c
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2 24/0014/LRB Response to Council’s Statement of Case iii. I would also like to take this opportunity to confirm, once again, that it is not currently my intention to use the proposed development at Grianaig for short-term holiday letting (STHL). It is not a development “specifically for STHL use” as the author of the SoC seems to think and I am confused as to how this view was arrived at. Notwithstanding this, the use of the proposed development may change in the future in response to changing economic circumstances or due to a change in ownership of the proposed development and this is one of the reasons that I am seeking the removal of the restriction imposed by Condition No 5. I state again, that as far as I can ascertain, no other consent for new residential development in the Argyll and Bute Council area has had such a condition attached to it and it would appear that Condition No. 5 has been an arbitrary decision in relation to the proposed development at Grianaig. The author of the SoC has stated that “Condition 5 is a minor variation to one of our standard planning conditions and is widely used where appropriate to do so”. (Please note that I was unable to check the veracity of this statement as I was advised by Argyll and Bute Council Planning Department on 10.09.24 that it does not have a published list of standard planning conditions). Whether Condition No. 5 is minor variation of a standard planning condition or not, the fact remains that Condition No. 5 has, as far as I can determine, never been used in relation to any other development proposal. iv. The Planning Authority’s SoC is helpful in that this is the first opportunity that I have had to see the explanation as to why the Planning Authority has chosen to apply Condition No. 5. The author of the SoC is clearly of the view that the onus was on me to clearly state whether I intended to use the property for STHL and by not doing so I was being ambiguous and obfuscatory. This is absolutely not the case. The SoC says that: With hindsight, one might consider it unfortunate that the case officer did not seek to robustly clarify the ambiguities inherent in both the pre-application submission and the subsequent planning application and to insist on a direct and unequivocal clarification of the exact specifics of the proposed development at an earlier stage. I would absolutely agree that this is indeed unfortunate. I would have expected that if the prospect of any future use as STHL was critical in the determination of the application, that the Planning Authority would have enquired this of me at the pre-application stage, where we pay a fee for expert local planning advice, at application stage when validating the planning application and agreeing the description of the development or during the course of discussions. Only at the 11th Hour was this raised, in an email dated 15th May 2024. The SoC does not give any explanation of how or why potential use of the proposed development as a STHL suddenly became a relevant matter. The author of the SoC states: …this matter was finally resolved when the area team leader intervened prior to signing off the officer’s ROH [Report of Handling]. I can only conclude that it was the area team leader who introduced the idea that this proposal may be for STHL. Page 124
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3 24/0014/LRB Response to Council’s Statement of Case v. The purpose of the ROH is to set out the considerations relevant to the determination of the planning application including all the relevant plans and policies. If NPF4 Policy 30 became a material consideration, albeit at the 11th hour, then this should have been assessed in the ROH. Each relevant policy of NPF4 is afforded a detailed description and statement of how the proposed development has been assessed against it. NPF4 Policy 30 has no such assessment in the ROH. The SoC seeks to explain why the policy was not included in the ROH: The ROH does not mention NPF4 Policy 30 simply because the policy was not relevant to the development as proposed at the time. Had the planning application been submitted on the basis that the intended use of the development was for STHL units then Policy 30 would have been a material planning consideration and would have carried substantial weight. It is an unfounded assumption, that has been made by the author of the SoC, that the intended use was for STHL. In response to this I would refer to my comments at paragraphs iii. and iv. above. At no point did I change the development proposal yet it is inferred that I did. The only change that was made was to the description of the development from that which was originally validated. Original validated description: Amendments to and extension of existing two storey room in roof dwelling to form 2 apartments. Revised Planning Authority description: Alterations to existing dwelling house to form 2 residential flats. This change was made by the planning authority without any consultation with me and without explanation. The application was not changed by me at any time. I consider that it is not reasonable to attach a condition to the planning consent in the absence of any mention of, or assessment against NPF4 Policy 30, on which it relies, and I do not accept the explanation that NPF4 Policy 30 was introduced to reflect a change in the application. I would also contend that if Condition No. 5 was not relevant to the development as proposed at the time (I can only assume that the “time” being referred to is on completion of the ROH), and there has been no change to the development, then it cannot be relevant to the planning decision and should be removed. vi. The SoC advises that STHL is a sui generis use of a building, meaning that it is a use class entirely on its own. I was not previously aware of this definition, which has prompted me to investigate further. I have consulted The Scottish Government’s STHL -Planning Guidance for Hosts and Operators which states that: It would be expected that a change of use between classes and sui generis uses and from one sui generis use to another would represent a material change of use and so require planning permission. Page 125
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4 24/0014/LRB Response to Council’s Statement of Case I would conclude from this guidance that it would depend on whether the planning authority considered that STHL was a material change of use. It would seem that by imposing Condition No. 5 on my proposed development, that the Planning Authority has already decided that a change of use to STHL in this case would be a material change of use, without undertaking any assessment, and that STHL would be a materially different development to residential development. The Scottish Government’s Planning Guidance sets out what would constitute a material change of use in relation to STHL. These are set out Sections 2.18 to 2.31 and are reproduced in Appendix 2 of this report. My proposed development has already been assessed as conforming to national and local policies on sustainable and high-quality places, connected places, sustainable communities and high-quality environments. It is possible that the scale, design and location of my proposed development, should I ever propose to use it for STHL, would not result in a material change of use. However, the time to consider this would be if I, or any future owner, ever decided to use the property for STHL, when the Planning Authority could objectively consider the matters listed in Appendix 2, to determine whether a change of use to STHL would constitute a material change requiring planning consent. As the author of the SoC correctly states in the conclusion: It remains the assessment of the planning authority that any future use of the building from the 2 residential flats approved under planning permission 23/02065/PP to a use consisting of STHL Units in a flatted residential block is, at time of writing likely to require planning permission and will be subject to an appropriate assessment against the planning policies in force at the time. I accept that this outcome may be likely. However, is not certain and I see no justification for the imposition of Condition No. 5 which potentially places an undue requirement on my proposed development and a restriction in its use. vii. I have undertaken research on where STHLs have required planning permission for change of use, in order to assess the likelihood of the need for a future planning application should I, or any future owner, wish to apply for a change of use to STHL. According to Argyll and Bute Council’s public register of Short Term Let Licences there are currently (as of 09.09.24) 254 licences that have been approved for self-contained flats. Of these approved licences, only 19 planning applications have been made for a change of use from residential self-contained flats to use as STHLs. This suggests that the likelihood of requiring planning permission for a change of use to STHL is small, as only 7% of STHL have been required to obtain planning consent. I would also conclude that the overwhelming majority of STHL licences for self-contained flats, namely 235 out of 254 properties, did not represent a material change of use and that no planning permission has been required. Further scrutiny of planning applications for change of use to STHLs reveals that of these 19 planning applications, 14 have been given planning consent. However, 5 have been Page 126
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5 24/0014/LRB Response to Council’s Statement of Case awaiting a decision for over 1 year because the Planning Authority has stated that it is still developing its policy position in relation to STHL. This is another reason that I consider that Condition No. 5 should be removed, as it seems that Planning Authority policy is emerging and there is uncertainty as to whether planning consent will be required in the majority of cases. Currently it can be concluded that planning permission is not required for the majority of STHL Licenses. viii. Finally, I would like to make comment on the concerns expressed by neighbours of Grianaig. I acknowledge that there was a single, unfortunate incident as a result of an impromptu party in the summer of 2018, which resulted in disturbance to neighbours. However, there has been no recurrence of such anti-social behaviour in the 7 years that have elapsed since the incident. The proposed development incudes installation of a new septic tank addressing the concerns raised regarding this issue. It is also worth noting that Grianaig is not in a “relatively dense residential area” as referred to in the SoC, as it has significant open space between detached properties. Should a STHL Licence be sought at any time in the future, by me or a future owner of Grainaig, management measures to ensure that there was no disturbance to neighbours would be required to be put in place by the STHL licence. Indeed, any good neighbour would want to ensure this as a matter of course. ix. Conclusion I would request that the Local Review Body removes Condition No. 5 from planning permission 23/02065/PP for the following reasons: ▪ There has been no change to the development originally proposed in the pre application enquiry, and Condition no 5 has been imposed based on unfounded assumptions made by the author of the SoC that it is my intention to use the proposed development for STHL. ▪ NPF4 Policy 30 was not considered relevant to my original planning application, that is why it was not mentioned in the ROH. Therefore, it cannot be relevant to apply Condition No. 5 to the planning consent for my proposed development. ▪ No other planning consent, that I can find, has a similar restrictive planning condition like Condition No. 5, applied to it. The consequences of Condition No. 5 are that I would be required to go through a potentially unnecessary further planning process and that the value of the proposed development would be negatively impacted by restricting its use to permanent residential use only. Regarding the latter consequence, I would have to reassess the impact of the restriction on development risk and question whether undertaking the proposed development was worth the investment. ▪ The overwhelming majority of self-contained flats with STHL licences in Argyll and Bute have not been required to obtain planning permission for a change of use to a STHL. Therefore, I conclude that the operation of the associated properties as Page 127
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6 24/0014/LRB Response to Council’s Statement of Case STHLs has not been considered a material change of use, and this could also potentially be the case with Grianaig. ▪ The Planning Authority has stated that its policy in relation is change of use from residential to STHL is still emerging. Therefore, it would not seem reasonable to impose a restrictive condition, like Condition No. 5, in this uncertain policy environment. ▪ The author of the SoC, in the conclusion, states that if the decision of the Local Review Body is to remove Condition No. 5 that, in any event, the proposed change of use to STHL would likely require planning permission. I would therefore question why the condition was imposed in the first place. I simply wish to be on a level playing field with all other property owners in Argyll and Bute. Should I, or any future owner, of the property wish at any point in the future to use the property for STHL, the relevant procedures in place at that time would be followed and any proposition would be assessed against the relevant policies prevailing at the time. This may or may not include a planning application (see paragraph vii). Currently, with Condition No. 5 I am being disadvantaged by imposition of a potentially unnecessary planning process and a potentially negative impact on the future value of the proposed development. I trust that I have made a reasoned justification for the removal of Condition No. 5 from planning consent 13/02065/PP. Should the Local Review Body require any further information from us we would be happy to provide this. Tracey Peedle 11th September 2024 Page 128
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7 24/0014/LRB Response to Council’s Statement of Case Appendix 1 Planning Application 23/02065/PP Statement for Local Review Body Background Grianaig is located in the village of Lochawe and was built circa 1940’s. We purchased this house in 2018. The previous owners had used this as a holiday home. The house is not constructed to modern standards and is in need of refurbishment. In considering refurbishment and extension of our property, Grianaig, Lochawe we undertook a pre application planning enquiry with the Planning Authority in January 2023. The purpose of this was to identify any issues which may prevent or constrain our proposed refurbishment and development. The Planning Authority issued a Pre Application Advice Report on 10th February 2023. This report requested some design changes, but we were encouraged that no significant constraints were identified and following a positive response from Transport Scotland we decided to proceed with a formal planning application, incorporating the design changes requested. The Pre Application Advice Report identified no significant constraints and made no mention of Short Term Letting being part of the consideration of any future planning application Based on the pre application advice, we applied for consent to refurbish and extend our property in October 2023. After a very elongated process, largely due to the unexpected and costly requirement to conduct a flood risk assessment, planning consent was granted in May 2024. Description of Proposed Development The description of our proposal was set out in our planning application form as: “Amendments to and extension of existing two storey room in roof dwelling to form 2 apartments” This description was validated by the Planning Authority and we proceeded on this basis. When the Decision Notice and the Report of Handling were issued, it was a surprise to us that the Planning Authority had changed the description of the development to: “Alterations to existing dwelling house to form 2 residential flats” We were not advised or consulted on this and are not sure why the Planning Authority chose to change the description of the development. We raise this because one of the reasons for imposing Condition no 5 on the planning consent was stated as “to reflect the development applied for”. We applied to form 2 apartments, not 2 residential flats. Planning Condition No 5 and Short Term Letting The Planning Decision Notice which was issued has the following condition attached to it: “ 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 Page 129
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8 24/0014/LRB Response to Council’s Statement of Case (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, which is not consistent with decisions on similar planning applications in Argyll and Bute and does not have any local development plan policy justification. We request that this condition is removed from the planning consent. The likelihood of imposing such a restriction on the property was not raised in the Pre Application Advice Report or throughout any on-going discussions with the planning officer. Had this been the case, we would not have proceeded with the planning application, but we were never given this opportunity. Restricting the use of the property to permanent occupancy and requiring planning consent for short term letting, would have a negative effect on the value of the property and therefore makes the significant investment required unviable. 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 advised that currently it is not our intention to use the apartments for short term letting. We would however wish to have the option to consider this in the future on the same basis as every other householder in Argyll and Bute. 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. There are no Short Term Let Licence Control Areas designated in Argyll and Bute. Separate planning permission is not currently required in Argyll and Bute, as it is in some local authority areas who have designated Short Term Let Licence Control Areas, to use a residential property for short term letting. If we wished to use Grianaig for short term holiday letting right now we, along with all other property owners in Argyll and Bute, would not need planning consent and so it is difficult to see why this would be required if we implemented the refurbishment and extension that we propose. We therefore consider that it is not reasonable to impose this planning restriction on us. We have undertaken some research, via the on-line planning portal, with a view to establishing how restrictive planning conditions have been applied to other similar developments in the Argyll and Bute Council area. Having looked at recent decision notices for new houses, replacement dwellings and alterations (see attached), we cannot find one instance of a planning condition relating to restricting use to permanent residential development and requiring an additional planning application for short term letting. No other similar development proposal in Argyll and Bute has before or since had this type of restrictive planning condition applied. We would therefore wish to know why it has been applied here. During the public consultation process, a neighbour raised some concerns regarding the potential use for short term letting and we were asked to respond to this. Our response was that should we consider using the property for short term letting then this would be considered through the short term letting license process, during which neighbours would be notified and Page 130
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9 24/0014/LRB Response to Council’s Statement of Case any potential issues would be dealt with though this process rather than the planning process. This was accepted by the Planning Officer Our position on this is supported by the consultation response from Environmental Health. Environmental Health raised no objections to the proposed development, but requested that plans be put in place to reduce noise if short term letting was proposed via the licensing process. Environmental Health did not request any restrictive conditions be applied to the planning consent that prevented use for short term letting. NPF4 Policy 30 The primary reason for imposing condition no 5 of the planning consent is stated by the Planning Authority as “to comply with NPF4 Policy 30”. This was a surprise to us as this policy was never mentioned as being relevant to our proposed development prior to the telephone conversation and subsequent email on 15th May 2024. If it was relevant to our proposal it would have been a material consideration that should have been identified in the Pre application Planning Advice Report. It was not. Even more surprising is that The Report of Handling for the planning 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. This leaves some unanswered questions: 1. At what point did NPF4 Policy 30 become a material consideration in assessing our planning application? 2. What detailed assessment of our proposal has been undertaken against this policy? 3. Why has this condition not been applied to other similar developments? It is therefore difficult to see how NPF Policy 30 is applicable, and consequently how it is competent to apply a restrictive planning condition based on this policy. NPF4 Policy 30 only applies to existing residential property and the planning authority had previously taken the view that our proposal constituted new residential development. 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 an extension of an existing property. The Planning Authority agreed with SEPA on this, and did not accept our argument that our proposals related to an existing development. Consequently, we were required to undertake a flood risk assessment, at considerable cost. If our proposals were considered as alterations to an existing residential property then no flood risk assessment would have been required and we would not have had to spend £5,000 on one. As the Planning Authority agreed that the application was a new residential development, then the justification for imposing the restrictive planning condition cannot apply as NPF 4 Policy 30 is applicable only to existing residential development. CONCLUSION We conclude that it is not reasonable or competent to apply condition no 5 to our planning consent: 1. Restricting our proposed development to permanent occupancy and requiring additional planning consent for use as short term letting, was never mentioned as a material Page 131
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10 24/0014/LRB Response to Council’s Statement of Case consideration in either the Pre Application Advice Report (10th February 2023) or the Report of Handling (28th May 2024). If it was a relevant consideration then it should have been fully considered in the planning application and determination process 2. If we had been advised at the pre application stage that the proposals would be restricted to permanent residential development and that further planning consent would be necessary if we wished to consider short term letting, we would not have proceeded with the planning application and incurred the significant costs associated 3. No other planning decisions for dwellings in Argyll and Bute Council have had conditions applied that require planning consent the use for short term letting. It is therefore difficult to see why this applies to our development 4. Currently, without undertaking any refurbishment, Grianaig could be used for non permanent residential development and short term letting (subject to the necessary licence) without the need for planning consent. It is therefore difficult to see why such restrictions should apply to the property if it is refurbished and extended 5. The Planning Authority had previously taken the view that our planning proposal constituted new development, in which case NPF4 Policy 30 is not applicable, as it applies to existing residential development We request that the Local Review Body remove planning condition no 5 from the planning consent 23/02065/pp Grainaig, Lochawe PA33 1AW. Tracey Peedle 7th August 202 Page 132
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11 24/0014/LRB Response to Council’s Statement of Case Appendix 2 The Scottish Government Short term Lets - Planning Guidance for Hosts and Operators 2.18. Examples of material planning considerations in relation to short-term lets are set out below. This list is not intended to be either exhaustive or definitive; there may be other material planning considerations that are relevant in any particular case. This list is based on those matters which have been identified as material planning considerations in both: • determining previous planning applications; and • appeals against enforcement action taken against unauthorised changes of use. Guest arrivals and departures 2.19. Relevant considerations here include: • guest access to communal areas such as stairwells and gardens; • access to the property by the host (if they do not live there) and other service providers for maintenance and cleaning etc.; • guest arrival and departure times and whether these are at unsociable hours; 2.20. The impact on amenity for neighbours, for example caused by noise at unsociable hours, is likely to be greater in a tenement, an apartment building or similar, where stone or equivalent hard surfaces may amplify noises and cause echo. The greater the impact, the more weight might be expected to be given to it. Particular impacts on other residents in flatted buildings 2.21. Relevant considerations here include: • any reduction of physical security of a building, for example where key boxes are used; and • actual and perceived increased risks to permanent residents from guest access to communal areas. Likely frequency and intensity of noise or otherwise unsociable behaviour 2.22. Where issues arise from the behaviour of a permanent resident, a neighbour could approach the resident (or their landlord) directly or through a residents' group. They are more likely to achieve modification to problematic behaviour, either through establishing a rapport and understanding with the problematic resident over time or seeking sanctions through the landlord, council or the police, in more serious cases. The high turnover of guests in short-term lets requires new people to learn and observe the proper behaviours and increases the chance of some people wilfully or negligently failing to behave appropriately. 2.23. Where the host is letting out one or two rooms in their own home, it would generally be expected to have a lesser impact because: • the host is more likely to be known by neighbours (because they also live there); Page 133
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12 24/0014/LRB Response to Council’s Statement of Case • the host has a stronger direct interest in respecting neighbours' rights and • the host has more opportunity to monitor guest behaviour. Impact on public services and residents' amenity 2.24. Relevant considerations here include: • more household waste than would be expected from residential use, leading to full or overflowing bins (possibly leading to littering and vermin) and more journeys to the bins; • pressure from guests' cars on availability of on-street parking to neighbours and pressure on residents' private parking spaces; and • likelihood of increased noise and general disturbance compared to the occupation of the property on a permanent or long term residential basis. Cumulative impact on the character and amenity of a neighbourhood 2.25. The cumulative impact means the effect of a significant number of homes being used for short-term lets in the neighbourhood. The meaning of a significant number will depend on matters including the size and layout of the neighbourhood. 2.26. Relevant considerations here include: • the impact on the availability of affordable and appropriate housing for local residents; • the impact of seasonal variations in numbers of people in the local area, for example whether it is too overcrowded in the summer for everyone to be well-served and too empty in the winter to sustain local amenities; and • the difference in activities of guests compared to residents. 2.27. This latter point can affect the viability of local businesses and shops which are used by residents and their access to these amenities. For example, guests are more likely to spend time recreationally (e.g. outdoor sports and restaurants) than functionally (e.g. hardware stores). Guests may also have different food shopping habits than permanent residents, possibly bringing provisions with them rather than using local food retailers. Number of people staying 2.28. More people in a dwellinghouse are likely to have more impact on neighbours. Greater numbers of people staying are likely to be an amplifying factor on the previous considerations. 2.29. The number of people staying in a dwellinghouse can increase for any number of reasons, for example a couple having children, partners and their dependents moving in or a house being sold or let to a different household. The larger or new household may make changes to the dwellinghouse to increase the capacity. Hosts or operators may also want increase the capacity of a dwellinghouse used for short-term lets to accommodate more guests. 2.30. The permanent household or the short-term let host or operator might want to create additional sleeping accommodation by converting, subdividing or partitioning rooms by, for example: • converting public rooms (such a living room) to bedrooms; • using bunk beds in place of single beds; and Page 134
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13 24/0014/LRB Response to Council’s Statement of Case • partitioning a large living room or bedroom in order to create two bedrooms. 2.31. In terms of use as a short-term let, the relevant considerations include: • whether the capacity changes the nature of the use, for example accommodation for twelve guests may be more likely to be booked for stag and hen parties than accommodation for four guests; and • whether the capacity is significantly larger than that which might reasonably be expected for residential use, for example six bunkbeds to provide capacity for twelve people would be unusual for a residential household. Page 135
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