Agenda reports pack
Argyll and Bute Council · 27 May 2024
Back to Argyll and Bute Local Review Body — 27 May 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 20 May 2024 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT TEAMS on MONDAY, 27 MAY 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: PLOT 2, ACHNACAIRN, NORTH CONNEL (REF: 24/0004/LRB) (a) Notice of Review and Supporting Documentation (Pages 3 - 30) (b) Comments from Interested Parties (Pages 31 - 50) (c) Comments from Applicant (Pages 51 - 54) Argyll and Bute Local Review Body Councillor Gordon Blair (Chair) Councillor Jan Brown Councillor Graham Hardie Contact: Hazel MacInnes 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 Mr & Mrs A MacLaurin Achnacairn North Connel By Oban PA37 1QZ Crawford MacPhee Arch.Services Ros-Muire Mossfield Drive OBAN PA34 4EN 07920164952 crawfordmacphee@hotmai l.com OFFICIAL USE Date Received Ref: AB1 22/01950/PPP 27 September 2022 4 December 2023 Plot 2 Achnacairn, North Connel By Oban, Argyll PA37 1QZ Page 3 Agenda Item 3a
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(6) Description of Proposal (7) Proposed site for the erection of dwellinghouse at Plot 2 Achnacairn, North Connel, By Oban, Argyll Please set out the detailed reasons for requesting the review:- Pre-planning enquiry for the erection of three dwellinghouses at land south of Achnacairn, North Connel was submitted in 2022 ref 22/00772/PREAPP. Following receipt of the Pre Application Advice report and subsequent telephone conversation and e mail correspondence with Planning officer Fiona Scott dated 05/09/22 applications were submitted for planning permission in principle for the erection of two dwelling houses app refs: 22/01949/PPP (Plot 1) and 22/01950/PPP (Plot 2). During the application process HES objected to the application for plot 1 due to the siting of an existing cairn, following a meeting with HES on site it was agreed that the application for plot 1 be withdrawn and a new application be submitted showing proposed plot 1 in a revised location, this was subsequently done app ref:23/012444/PP and granted planning permission on 24 January 2024. HES had no objections to the proposals for proposed plot 2 in their letter dated 1 November 2022, no objections to the proposals were received from other consultees or members of the public. In April 2023 the Planning department raised concerns regarding plot 2 saying that it would result in tandem development and that we should consider withdrawing as it would likely be refused on this basis. Planning in Principle for plot 2 was ‘eventually’ refused on 4 December 2023 as it was deemed to be representing an in appropriate form of backland development which would be contrary to the established settlement pattern within the surrounding area…..’ We do not agree that this is the case, whilst the 4 immediate existing properties do front the public road, both Achnacairn and Greenloaning are set back from the public road and new developments in the close vicinity represent backland development and the approved application for planning permission in principle for plot 1 sites directly in front of Greenloaning. The proposal is on a greenfield site within the settlement area on the Local Development Plan however it does not have the benefit of having been allocated for development when just further north along the road there is a large development being formed. The Review panel should give approval for application ref22/01950/PPP for the above reasons and that approval for plot 1 was granted and that similar development already exists in the area. 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 Refusal of Planning Permission in Principle 22/01950/PPP 2 Refused Plans 22/01950/PPP 3 Approval of Planning Permission in Principle 23/02444/PPP 4 Approved Plans 23/02444/PPP 5 Pre Application Advice Report 16 May 2022 22/00772/PREAPP 6 Reasons for requesting review as set out in section 7 of this form 7 8 9 10 If insufficient space please continue on a separate page. Is this is attached? (Please tick to confirm) 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) 29 February 2024 Page 6
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Municipal Buildings Albany Street Oban PA34 4AW TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 REFUSAL OF PLANNING PERMISSION IN PRINCIPLE REFERENCE NUMBER: 22/01950/PPP Mr & Mrs A McLaurin Crawford MacPhee Architectural Services Ros-Muire Mossfield Drive OBAN Argyll PA34 4EN I refer to your application dated 27th September 2022 for planning permission in principle under the above mentioned Act and Regulations in respect of the following development: Site for the erection of dwellinghouse at Plot 2 Achnacairn North Connel Oban Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby refuse planning permission in principle for the above development for the reason(s) contained in the attached appendix. Dated: 4 December 2023 Fergus Murray Head of Development and Economic Growth Page 7
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 22/01950/PPP 1. The proposed development on this greenfield site conflicts with National Planning Policy NPF4 Policy 9. NPF4 Policy 9 (b) states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported in the LDP. Whilst the development proposed by this planning application is on a greenfield site, in terms of the adopted settlement strategy, the site of the proposed development is within the defined Minor Settlement of North Connel where LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to development, up to and including large scale, on appropriate sites. These main policy considerations are underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support to appropriate scales of residential development where such development would have no significant adverse impact upon the character of the landscape and where there is no unacceptable environmental, servicing or access impact. However, whilst the general presumption in favour of development within this area of North Connel is established by current policy, this is qualified by the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. The Sustainable Siting and Design Principles of the LDP advise on the standards that will be applied to all developments with 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. Development within this area of North Connel is mixed in style and appearance but properties are generally situated within spacious plots fronting the C25 public road. The site the subject of this application is situated to the rear of a row of established residential properties which front the public road representing backland development contrary to the established settlement pattern. It is considered that the development of the site with a dwellinghouse would represent an inappropriate form of backland development which would be contrary to the established settlement pattern within the surrounding area which is generally characterised by dwellinghouse presenting to the public road and therefore it is considered that the proposed development is contrary to NPF4 Policy 9 as underpinned by LDP Policies LDP STRAT 1, LDP DM 1, SG LDP ENV 14 and SG LDP HOU 1 and Policy 01 of pLDP2. Page 8
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 22/01950/PPP 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 9
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application: 22/01950/PPP A. 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 B. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure C. Summary justification statement for refusal of planning permission in principle The proposal is considered to be contrary to Policy 9 of National Planning Framework 4, as underpinned by policies LDP STRAT 1, LDP DM 1, SG LDP ENV 14 and SG LDP HOU 1 of the Argyll and Bute Local Development Plan 2015, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to grant planning permission in this instance as a departure to the Development Plan having regard to s25 of the Act. Page 10
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Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 22/01950/PPP Fergus Murray Head of Development and Economic Growth 4 December 2023 Page 11
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Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 22/01950/PPP Fergus Murray Head of Development and Economic Growth 4 December 2023 Page 12
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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 IN PRINCIPLE REFERENCE NUMBER: 23/02444/PPP Mr And Mrs A MacLaurin Crawford MacPhee Architectural Services Ros-Muire Mossfield Drive Oban Argyll And Bute PA34 4EN I refer to your application dated 20th December 2023 for planning permission in principle in respect of the following development: Site for the erection of dwellinghouse AT: Plot 1 Land South Of Achnacairn North Connel Oban 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: 25 January 2024 Fergus Murray Head of Development and Economic Growth Page 13
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REFERENCE NUMBER: 23/02444/PPP Site for the erection of dwellinghouse AT: Plot 1 Land South Of Achnacairn North Connel Oban Argyll And Bute The planning application permission in principle as detailed above is subject to the following conditions: Standard Time Limit Condition: This consent constitutes a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended and as such does not authorise the commencement of development until matters requiring the further consent of the Planning Authority, as specified in Condition 1 (within the list of Additional Conditions below), have been satisfied. Application(s) for Approval of Matters Specified in Conditions must be made in accordance with the provisions of Regulation 12 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 within the time limits specified below. Any application for Approval of Matters Specified in Conditions must be submitted to the Planning Authority no later than three years from the date of this permission in principle. Any elements of the Planning Permission in Principle for which further approval of the Planning Authority has not been sought within the prescribed three year time period will no longer be capable of being implemented within the terms of this permission. The development to which this planning permission in principle relates must commence no later than five years from the date of this permission, or within the expiration of two years from the final approval of all Approval of Matters Specified in Conditions, whichever is the later. If the development has not commenced within this period, then this planning permission in principle shall lapse. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 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. Page 14
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Additional Conditions: 1. PPP - Matters Requiring AMSC Submission Plans and particulars of the matters specified in conditions 3, 4, 5, 6 and 8 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Note to Applicant Regard should be had to Scottish Waters consultation comments in relation to the proposed development which are available to view via the Public Access section of the Council's website. 2. PPP - Approved Details The development shall be implemented in accordance with the details specified on the application form dated 19/12/23 and the approved drawings listed in the table below. Plan Title. Plan Ref. No. Version Date Received Location Plan 01 A 20/12/23 Site Plan as Proposed 02 C 20/12/23 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Note to Applicant Regard should be had to Scottish Waters consultation comments in relation to the proposed development which is available to view on the planning file via the Public Access section of the Council's website. 3. PPP - Timescale to be Agreed for Completion Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 4. PPP - Design and Finishes Pursuant to Condition 1 - no development shall commence until plans and particulars of the site layout, design and external finishes of the development has been submitted to and approved by the Planning Authority. These details shall incorporate: Page 15
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i) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii) Local vernacular design taking consideration of the guidance set out in the approved Argyll and Bute Sustainable Design Guidance, 2006; iv) Maximum of one and a half storeys; v) Windows with a vertical emphasis; vi) Have a roof pitch between 37 and 42 degrees finished in natural slate or a good quality artificial slate; vii) Details of finished ground floor levels relative to an identifiable fixed datum located outwith the application site along with details of the existing and proposed site levels shown in the form of sectional drawings/contour plans/site level survey, or a combination of these; viii) Details of an area within the application site for the placement of refuse/recycling bins. ix) Details of the potential for the installation of a 7kw Electrical Vehicle Charging Point within the site. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surroundings. 5. PPP - Parking and Turning Provision Pursuant to Condition 1 - no development shall commence until plans and particulars of the parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall comprise: i) The provision of parking and turning in accordance with the requirements of Policy SG LDP TRAN 6 and the Car Parking Standards of the adopted 'Argyll and Bute Local Development Plan' 2015. The approved parking and turning layout 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 interests of road safety. 6. PPP - Details of New Private Foul Drainage System Pursuant to Condition 1 - no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development. Reason: To ensure that an adequate means of foul drainage is available to serve the development. Note to Applicant: Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. Page 16
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7. PPP - Sustainable Drainage System 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 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: Regard should be had to JBA Consulting Ltd consultation comments in relation to the proposed development which are available to view via the Public Access section of the Council's website. 8. PPP - Landscaping and Biodiversity Enhancement Pursuant to Condition 1 - 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 comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; 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 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; vi) 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. 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 assist with the integration of the proposal with its surroundings in the interests of amenity. Page 17
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9. PP - Archaeology No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to protect archaeological resources. Note to Applicant Regard should be had to the West of Scotland Archaeology Services consultation comments in relation to the proposed development details of which are available to view via the Public Access section of the Council's website. Page 18
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/02444/PPP 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 attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. Page 19
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INFORMATIVE NOTES N/A Page 20
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application: 23/02444/PPP 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 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 in principle 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 21
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Argyll and Bute Council This plan has been APPROVED by the PLANNING AUTHORITY and MUST be read in conjunction with the Planning Conditions of Consent No: 23/02444/PPP Fergus Murray Head of Development and Economic Growth 25 January 2024 Page 22
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Argyll and Bute Council This plan has been APPROVED by the PLANNING AUTHORITY and MUST be read in conjunction with the Planning Conditions of Consent No: 23/02444/PPP Fergus Murray Head of Development and Economic Growth 25 January 2024 Page 23
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Argyll and Bute Council – Development Management Pre Application Advice Report 16 May 2022 Reference: 22/00772/PREAPP Proposed Development: Site for Erection of Three Dwellinghouses Site Address: Land South of Achnacairn, North Connel 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 24
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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 For further information on this please use the following link: https://www.argyll-bute.gov.uk/national-and-major-developments Argyll and Bute Local Development Plan (LDP) 2015 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 Strengthening Our Communities Together • LDP 8 – Supporting the Strength of our Communities • LDP 9 – Development Setting, Layout and Design Maximising Our Resources and Reducing Consumption Together • LDP 10 – Maximising our Resources and Reducing our Consumption Improving Our Connectivity and Infrastructure Together • LDP 11 – Improving our Connectivity and Infrastructure Argyll and Bute Local Development Plan (LDP) – Supplementary Guidance (SG) Policies Natural Environment • SG LDP ENV 1 – Development Impact of Habitats, Species and Our Biodiversity (i.e. biological diversity) Page 25
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Landscape and Design • SG LDP ENV 14 –Landscape Historic Environment and Archaeology • SG LDP ENV 20 – Development Impact on Sites of Archaeological Importance 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) Addressing Climate Change • SG LDP CC 1 – Climate Change and Sustainable Buildings • SG LDP Sust Check – Sustainability Checklist 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 • Argyll and Bute proposed Local Development Plan 2 (November 2019) 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 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 36 – New Private Accesses Policy 39 – Construction Standards for Private Access Policy 43 – Safeguarding of Aerodromes • Scottish Planning Policy (SPP), 2014 • Historic Environment Policy Scotland, (HEPS), 2019 • Consultation Responses • Third Party Representations Page 26
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Planning History 18/02484/PP Erection of dwellinghouse and detached garage, installation of sewage treatment plant and formation of vehicular access – Granted: 30/08/19 11/02373/PP Erection of 2 dwellinghouses with detached garages, installation of 2 septic tanks and the formation of a new vehicular access – Granted: 18/012/12 Known Constraints • The site is in closed proximity to two Scheduled Ancient Monuments (SAM), details of which are provided below. It is likely that Historic Environment Scotland will be consulted on any formal planning application for development of the site to ascertain whether the development would be likely to have an adverse impact on the setting of these SAMs. Achnacree Moss,cairn 65m SW of Achnacairn (SM3707) (historicenvironment.scot) Achnacree Moss,cairn 37m SE of Lochan a'Chuirn (SM3705) (historicenvironment.scot) • The site is within a SEPA Waste Water Drainage Consultation Area (WWDCA) where a detailed report on the proposed foul drainage proposals will require to be submitted with any formal planning application and a consultation undertaken with SEPA. • The site is within the safeguarding zone for Oban Airport who would be consulted on any formal planning application to assess whether the proposed development would have any impact on protected airspace. • The site is within an area identified as being archaeologically sensitive and accordingly the West of Scotland Archaeology Service are likely to comment on any formal planning application and may require a scheme of archaeological works to be undertaken on site prior to any works commencing on the proposed development. Settlement Strategy & Proposed Development Page 27
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In terms of the adopted ‘Argyll and Bute Local Development Plan’ (LDP) 2015 the site subject of the enquiry is located within the Minor Settlement of North Connel where Policy LDP DM 1 gives encouragement to small scale development on appropriate sites subject to compliance with other relevant policies and SG. Policy LDP 3 assesses applications for their impact on the natural, human and built environment. Whilst the site is not subject of any specific nature or landscape designations that require further consideration under the terms of this policy, it is in close proximity to two SAMs as detailed above. 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 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. Whilst the general presumption in favour of residential development within this area of North Connel is established by current policy, this is qualified by the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. SG 2 advises on the standards that will be applied to all developments. As well as indicating the minimum standards to be applied for private open space and plot ratios, there is 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 of a development shall be evaluated. Whilst the Planning Authority is satisfied that the site represents an appropriate opportunity for infill development within the defined minor settlement, it is considered that three dwellinghouses would represent overdevelopment of the site and such a proposal would be resisted by the Planning Authority should a formal planning application come forward. The Planning Authority would however be supportive of a formal planning application for one suitably sited and designed dwellinghouses on the site which it is considered would relate better to the surrounding development. Consideration may be given to two dwellinghouses depending on a suitable layout being achieved. Any application would require to fully and satisfactorily address the requirements of the policies, guidance and constraints set out above. Road Network, Parking and Associated Transport Matters The Council’s Roads Authority will be consulted on any formal planning application for the proposed development with regards to access and parking requirements. Should you wish to contact them in advance of the submission of a formal application please contact James Jackson (james.jackson@argyll-bute.gov.uk). Infrastructure Page 28
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Water supply would be via connection to the public water main within the control of Scottish Water who would be consulted on any formal planning application. Due to the lack of public foul drainage infrastructure within the vicinity of the site foul drainage will be by a private treatment system. As detailed above due to the site being within a WWDCA a detailed report on the proposed drainage system should accompany any formal planning application. 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 • Argyll and Bute Council – Oban Airport • West of Scotland Archaeology Service • Historic Environment Scotland • Scottish Water *Please note that this list is not exhaustive. Supporting information required for any future application • Design and Access Statement • Landscape Plan Case Officer Name and Contact Details Fiona Scott Planning Officer 01631 567968 fiona.scott@argyll-bute.gov.uk 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. 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 Page 29
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Processing Agreements: https://www.argyll-bute.gov.uk/processing-agreements Full details of the policies and guidance referred to in this report are available to view via the following link: Local Development Plan (argyll-bute.gov.uk) Page 30
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STATEMENT OF CASE FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 24/0004/LRB REFUSAL OF PLANNING PERMISSION 22/01950/PPP SITE FOR THE ERECTION OF A DWELLINGHOUSE PLOT 2, ACHNACAIRN, NORTH CONNEL 18 MARCH 2024 Page 31 Agenda Item 3b
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STATEMENT OF CASE The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr and Mrs A MacLaurin (“the appellant”). Planning permission 22/01950/PPP for the site for the erection of a dwellinghouse on an area of land referred to as Plot 2, Achnacairn, North Connel, (“the appeal site”) was refused by the Planning Service under delegated powers on the 4 December 2023. The decision has been appealed and is subject of referral to a Local Review Body. DESCRIPTION OF SITE The site the subject of this review is situated to the rear of a dwellinghouse known as ‘Iasgair’ within a long established residential area of North Connel. Whilst an indicative layout for the site has been shown, the purpose of the application was to establish the principle of development with the detailed matters of layout and design to be addressed by way of future application(s) for approval of matters specified in conditions. 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. STATEMENT OF CASE Argyll and Bute Council considers the determining issue in relation to the case is as follows: Whether the proposed site represents an appropriate opportunity for development with a single dwellinghouse having sufficient regard to the established settlement pattern of the surrounding area. The Report of Handling (Appendix 1) sets out the Council’s full assessment of the application in terms of Development Plan policy and other material considerations. 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 1. As such it is considered that Members have all the information they need to determine the case. Given the above and that the proposal is small-scale, 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. Page 32
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COMMENT ON APPELLANT’S SUBMISSION The appellant contends the view of the Planning Service, stating that: • “…whilst the 4 immediate existing properties do front the public road, both Achnacairn and Greenloaning are set back from the public road and new developments in the close vicinity represent backland development and the approved application for planning permission in principle for plot 1 sites directly in front of Greenloaning. The proposal is on a greenfield site within the settlement area on the Local Development Plan however it does not have the benefit of having been allocated for development when just further north along the road there is a large development being formed”. Officer Comment: Whilst it is noted that the development approved on ‘Plot 1’, sits directly in front of Greenloaning, it fronts onto the existing private access track and is not directly to the rear of the dwellinghouses which front onto the public road. It remains the view of the Planning Service, as set out in the assessment of the proposal at Section P of the Report of Handling appended to this Statement, that extending the development to the rear of the linear strip of roadside development would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. • The appellant indicates that pre-application advice was sought from the Planning Service prior to the application being submitted. Officer Comment: Whilst this comment is noted, all pre-application advice issued comes with a caveat advising the enquirer that the advice provided represents the informal view of the Planning Officer and is given without prejudice to the outcome of any subsequent planning application submitted in respect of the proposed development. CONCLUSION Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made in accordance with the development plan unless material considerations indicate otherwise. Adoption of the ‘Argyll and Bute Local Development Plan 2’ (LDP2) (28/02/24) It is highlighted that subsequent to planning permission in principle being refused (on 04/12/23) that the LDP2 has been adopted on 28 February 2024. As of that date, the ‘Development Plan’ for Argyll and Bute (excluding the area covered by the Loch Lomond and the Trossachs National Park Authority) is National Planning Framework 4 and LDP2 which require to be applied holistically with preference afforded to LDP2, as the most recent expression of policy, in the event of any conflict between the two policy documents. For the avoidance of doubt, it is also confirmed that the Argyll and Bute Local Development Plan 2015 and its associated Supplementary Guidance are now superseded and accordingly should not be afforded significant material weight in planning determinations. It is understood that the determination of these LRB proceedings will accordingly require to be made with regard to the updated ‘Development Plan’ position. The report of handling includes commentary that identifies the provisions of LDP2 which were relevant to the determination of this application and offer a view on how each of these policy matters relate to the proposal. It is confirmed that the adoption of LDP2 does not give rise to any Page 33
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substantive change to the matters considered within the assessment previously undertaken by officers in respect of this particular application. Summary Commentary on Key Material Considerations: The site is located within North Connel identified as Settlement Area in LDP2 wherein the provisions of Policy 01 serve to give encouragement in principle for development. Within the settlement area, LDP2 Policy 01 sets out a general presumption in support of development provided that such development is appropriately sited, is of a scale and design which fits within the context of the locale, is compatible with the character and amenity of its surrounds and, does not give rise to adverse access or servicing implications. NPF4 Policy 9 sets out support in principle for the sustainable reuse of brownfield land, including vacant and derelict land and buildings subject to consideration of impact upon biodiversity and potential contaminants from previous uses. As set out above, it is considered that the determining issue in relation to the case is as follows: Whether the proposed site represents an appropriate opportunity for development with a single dwellinghouse having sufficient regard to the established settlement pattern of the surrounding area. Whilst this location within the settlement area for North Connel has some potential to accommodate residential development, officers have reached a view that the development of the site with a dwellinghouse would represent an inappropriate form of backland development which would be contrary to the established settlement pattern within the surrounding area which is generally characterised by dwellinghouses presenting to the public road. The proposal is accordingly considered to be contrary to NPF4 Policy 9 and LDP2 Policy 01, 04, 05 and 08. Taking account of the above, it is respectfully requested that the request for a review be dismissed. Page 34
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APPENDIX 1 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: 22/01950/PPP Planning Hierarchy: Local Applicant: Mr and Mrs A. McLaurin Proposal: Site for the Erection of a Dwellinghouse Site Address: Plot 2, Achnacairn, North Connel DECISION ROUTE ☒Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☐Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Site for the erection of a dwellinghouse • Formation of vehicular access • Installation of septic tank and soakaway (ii) Other specified operations • Connection to public water main (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be REFUSED for the reasons appended to this report. (C) CONSULTATIONS: Argyll and Bute Council – Roads Authority Report dated 28/10/22 advising no objection to the proposed development subject to conditions being imposed on the grant of permission to secure the clearance and ongoing maintenance of visibility splays at the junction with the public road and the provision of an appropriate parking and turning area within the site. Page 35
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Scottish Water Letter dated 19/10/22 advising no objection to the proposed development which would be serviced from the Tullich Water Treatment Works. Scottish Water do however advise that further investigations may be required once a formal application for connection to their infrastructure is submitted to them for consideration. West of Scotland Archaeology Service (WOSAS) E-mail dated 02/12/22 advising that the application site is within a landscape populated with recorded archaeological sites of prehistoric date and the Moss of Achnacree and surrounding area are exceptional in this regard as reflected by the number and density of Scheduled Ancient Monuments (SAM). WOSAS provide comments on the impact of the proposed development on the nearest SAM and advise the Planning Authority to consult with Historic Environment Scotland. WOSAS further note that the large area of ground that will be disturbed by the development stands a good chance of unearthing visible or buried unrecorded remains which could be of any period and which may survive below ground level. Accordingly, should permission be granted, WOSAS seek that a condition be imposed on the grant of permission to secure a programme of archaeological works for the site. Historic Environment Scotland (HES) Letter dated 01/11/23 advising, in summary, that whilst the proposed dwellinghouse is likely to affect the setting of the adjacent SAM, the impact would be relatively minor. In views to or from the monument, a dwellinghouse in this location would appear as part of the existing settlement pattern around Achnacree Bay. The integrity of the monument’s setting would not, therefore, be significantly affected. HES note that the application is for planning permission in principle and therefore they advise that their comments are based on the assumption that any eventual planning application will be for a house of a similar scale and design to those existing in the vicinity i.e. a building of one or 1.5 storeys. A larger dwellinghouse may result in greater impacts to the setting of the monument, which could, depending on the magnitude of impact, result in an objection. (D) HISTORY: 22/01949/PPP (adjacent site) Site for the erection of a dwellinghouse – Withdrawn on advice from HES. (E) PUBLICITY: The proposal has been advertised in terms of Neighbour Notification procedures, closing date 04/11/22. (F) REPRESENTATIONS: (i) Representations received from: No representations have been received regarding the proposed development. (G) SUPPORTING INFORMATION Page 36
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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 report on the impact of the proposed development e.g. 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 7 – Historic Assets and 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 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Page 37
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‘Argyll and Bute Local Development Plan’ Adopted March 2015 LDP STRAT 1 – Sustainable Development LDP DM 1 – Development within the Development Management Zones LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment LDP 8 – Supporting the Strength of our Communities LDP 9 – Development Setting, Layout and Design LDP 10 – Maximising our Resources and Reducing our Consumption LDP 11 – Improving our Connectivity and Infrastructure ‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted March 2016 & December 2016) Natural Environment SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity Landscape and Design SG LDP ENV 14 – Landscape Historic Environment and Archaeology SG LDP ENV 19 – Impact on Scheduled Ancient Monuments (SAMs) SG LDP ENV 20 – Sites of Archaeological Importance General Housing Development SG LDP HOU 1 – General Housing Development Including Affordable Housing Provision Sustainable Siting and Design SG LDP Sustainable – Sustainable Siting and Design Principles Resources and Consumption SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems SG LDP SERV 2 – Incorporation of Natural Features / SuDS SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New Development Transport (Including Core Paths) SG LDP TRAN 2 – Development and Public Transport Accessibility SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes SG LDP TRAN 6 – Vehicle Parking Provision (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Consultation Reponses Page 38
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• ABC Technical Note – Biodiversity (Feb 2017) Argyll and Bute proposed Local Development Plan 2 (November 2019) – The Examination by Scottish Government Reporters to the Argyll and Bute Local Development Plan 2 has now concluded and the Examination Report has been published (13th June 2023). The Examination Report is a material consideration of significant weight and may be used as such until the conclusion of the LDP2 Adoption Process. Consequently, the Proposed Local Development Plan 2 as recommended to be modified by the Examination Report and the published Non Notifiable Modifications is a material consideration in the determination of all planning and related applications. Spatial and Settlement Strategy 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 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 19 – Scheduled Monuments Policy 21 – Sites of Archaeological Importance Connected Places Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 36 – New Private Accesses Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities 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 Homes for People Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity (K) Is the proposal a Schedule 2 Development not requiring an Environmental Page 39
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Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Has a Sustainability Checklist been submitted: ☐Yes ☒No (N) Does the Council have an interest in the site: ☐Yes ☒No (O) Requirement for a pre-determination hearing: ☐Yes ☒No (P)(i) Key Constraints/Designations Affected by the Development: • Scheduled Ancient Monument SM3707 – Achnacree Moss Cairn (P)(ii) Soils Agricultural Land Classification: Class 4.2 - Land capable of producing a narrow range of crops, primarily on grassland with short arable breaks of forage crops. 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 (P)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (P)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield Page 40
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ABC LDP 2015 Settlement Strategy LDP DM 1 (tick all relevant boxes) ☐Main Town Settlement Area ☐Key Rural Settlement Area ☒Village/Minor Settlement Area ☐Rural Opportunity Area ☐Countryside Zone ☐Very Sensitive Countryside Zone ☐Greenbelt ABC pLDP2 Settlement Strategy (tick all relevant boxes) ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP 2015 Allocations/PDAs/AFAs etc: N/A ABC pLDP2 Allocations/PDAs/AFAs etc: N/A (P)(v) Summary assessment and summary of determining issues and material considerations The application is seeking to secure planning permission in principle (PPP) for a single dwellinghouse on an area of ground to the south of Achnacairn, North Connel. The site is referenced as Plot 2 as it was submitted with an associated application directly to the north which was referenced as Plot 1 which has since been withdrawn on the advice of HES due to the impact of the development on the setting on SAM 3707 to the west. Whilst an indicative layout for the site has been shown, the purpose of this application is to establish the principle of development with the detailed matters of layout and design to be addressed by way of future application(s) for approval of matters specified in conditions. The site is within the defined Minor Settlement of North Connel where LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to small scale development on appropriate sites. These main policy considerations are underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support to appropriate scales of residential development where such development would have no significant adverse impact upon the character of the landscape and where there is no unacceptable environmental, servicing or access impact. However, whilst the general presumption in favour of development within this area of North Connel is established by current policy, this is qualified by the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. The Sustainable Siting and Design Principles (SSDP) of the LDP advise on the standards that will be applied to all developments with 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 site the subject of this application is situated to the rear of a dwellinghouse known as ‘Iasgair’ within a long established residential area of North Connel. Page 41
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Development within this area of North Connel is mixed in style and appearance but properties are generally situated within spacious plots fronting the C25 Bonawe public road. It is considered that extending the development to the rear of this linear strip of roadside development would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. An existing private access track spurring from the C25 Bonawe public road is to be utilised to serve the proposed development with a new spur into the site with water supply via connection to the public water main and drainage via the installation of a septic tank and soakaway due to the lack of public drainage infrastructure within the vicinity of the site. NPF4 Policy 1 seeks 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 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. It is noted that the provisions of the Settlement Strategy set out within Policy LDP DM 1 of the LDP promotes sustainable levels of growth by steering significant development to our Main Towns and Settlements, rural growth is supported through identification of Key Rural Settlements and safeguards more sensitive and vulnerable areas within its various countryside designations. NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. In the case of the development proposed by this application, it is considered that there are no 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 could be secured via planning condition in the event that PPP was to be granted. The proposed development is therefore considered to be in compliance with NPF4 Policy 3 as underpinned by LDP Policies LDP 3 and SG LDP ENV 1 and Policy 73 of pLDP2. NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The development proposed by the current planning application is considered appropriate in terms of its type, location and scale such that it will have no unacceptable impact on the natural environment. The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a site Page 42
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designated as a local nature conservation site or landscape area or within an area identified as wild land. The proposed development is therefore considered to be in accordance with NPF4 Policy 4 as underpinned by LDP Policies LDP 3 and SG LDP ENV 1 and Policy 73 of pLDP2. NPF4 Policy 7 seeks to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. The development the subject of this application will not affect a listed building and neither is it located within a conservation area or any other historic designation. Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a significant impact on historic assets or places are accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. In this case, it is not considered that the proposed development will have a significant impact on historic assets or places. Part (h) of Policy 7 seeks to ensure that proposed developments do not have an adverse impact on the appearance or setting of SAMs. Part (o) of Policy 7 seeks to ensure that where there is potential for non-designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage to allow the Planning Authority to assess impacts. With regards to Policy 7(h) above, HES have advised that whilst the proposed dwellinghouse is likely to affect the setting of the adjacent SAM, the impact would be relatively minor. HES advise that in views to or from the monument, a dwellinghouse in this location would appear as part of the existing settlement pattern around Achnacree Bay. HES therefore advise that the integrity of the monument’s setting would not be significantly affected, provided that the scale of the dwellinghouse was in keeping with the size and scale those in the surrounding area. Furthermore, notwithstanding the provisions of Policy 7(o) above, the WOSAS advised that, whilst there is the potential for archaeological discoveries within the site, this can be adequately addressed by a condition imposed on the grant of permission to secure an archaeological watching brief for the site to be undertaken and agreed with the WOSAS prior to work starting on the proposed development. Accordingly, in the event that PPP was to be granted, the requirements of the WOSAS and HES could be secured by a condition imposed on the grant of permission deeming the proposal to be in compliance with NPF4 Policy 7 as underpinned by LDP Policies LDP 3, SG LDP ENV 19 and SG LDP ENV 20 and Policies 20 and 21 of pLDP2. NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. The site is within the defined Minor Settlement of North Connel where LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to small scale development on appropriate sites. These main policy considerations are Page 43
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underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support to appropriate scales of residential development where such development would have no significant adverse impact upon the character of the landscape and where there is no unacceptable environmental, servicing or access impact. However, as detailed above, whilst the general presumption in favour of development within this area of North Connel is established by current policy, this is qualified by the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. The SSDP of the LDP advise on the standards that will be applied to all developments with 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. Development within this area of North Connel is mixed in style and appearance but properties are generally situated within spacious plots fronting the C25 Bonawe public road. It is considered that extending the development to the rear of this linear strip of roadside development would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. In terms of pLDP2, the site is identified as being within a ‘Settlement Area’ where Policy 01 gives general support to development provided that it is compatible with surrounding uses; provides appropriate infrastructure; is of an appropriate scale and fit for the size of settlement in which it is proposed; and respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and access arrangements. It is considered that the proposed development is contrary to NPF4 Policy 9 as underpinned by LDP Policies LDP STRAT 1, LDP DM 1, SG LDP ENV 14 and SG LDP HOU 1 and Policy 01 of pLDP2. NPF4 Policy 12 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 establish the principle of a new single dwellinghouse. 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 NPF 4 Policy 12(c) as underpinned by LDP Policies LDP 10 and SG LDP SERV 5(b) and Policy 63 of pLDP2. NPF4 Policy 13 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 development the subject of this planning application seeks to establish the principle of a new single dwellinghouse. The application proposes to utilise an existing private access track spurring from the C25 Bonawe public road to serve the proposed development. The Council’s Roads Authority has raised no objection to the proposed development subject to conditions being imposed on any Page 44
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permission granted to secure the clearance and ongoing maintenance of visibility splays at the junction with the public road and the provision of an appropriate parking and turning area within the site. Subject to such details being secured via condition in the event that PPP were to be granted, the proposal is considered to be compliant with the terms of NPF4 Policy 13 as underpinned by LDP Policies LDP 11, SG LDP TRAN 2, SG LDP TRAN 4 and SG LDP TRAN 6, and Policies 35, 36, 37, 39 and 40 of pLDP2, which collectively seek to ensure that developments are served by a safe means of vehicular access and have an appropriate parking and turning area within the site. NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. NPF4 Policy 14(c) states that development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful place will not be supported. In this instance, whilst the site the subject of the application is within the defined Minor Settlement Zone of North Connel, where the LDP gives general support to small scale housing development, on appropriate sites, this is subject to the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. As detailed above, the SSDP advise on the standards that will be applied to all developments with 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. It is considered that extending the development to the rear of this linear strip of roadside development would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. The proposed development fails to pay regard to the wider surroundings of the site in terms of the existing character, scale and density and is considered to be contrary to NPF4 Policy 14 as underpinned by LDP Policy LDP DM 1 and SG LDP HOU and Policies 02 and 08 of pLDP2. NPF4 Policy 15 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. In terms of our adopted settlement strategy, as detailed at NPF4 Policies 9 and 14 above, the site of the proposed development is within the defined Settlement Zone of Oban where LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to development on appropriate sites with these main policy considerations underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support to appropriate scales of residential development where such development would have no significant adverse impact upon the character of the landscape and where there is no unacceptable environmental, servicing or access impact. However, as detailed at NPF4 Policies 9 and 14 above, the presumption in favour of development within the defined Settlement Zones, is qualified by the requirement Page 45
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to ensure that developments accord with the existing and established pattern of development with 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. It is considered that extending the development to the rear of this linear strip of roadside development would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. In this instance, the proposed development site would fail to respect the existing established settlement pattern resulting in an adverse environmental impact and therefore would fail to meet the requirements of NPF4 Policy 15 as underpinned by the settlement strategy policies contained within LDP Policies LDP DM 1, LDP 8, SG LDP ENV 14 and SG LDP HOU 1 and Policies 04 and 08 of pLDP2. NPF4 Policy 16 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 supports development proposals for new homes that improve choice, including at Policy 16(c) ‘self-provided homes’. The need in Policy 16(f) to ensure that development proposals for an agreed timescale for build-out will be covered through the use of a planning condition. In the case of this application, whilst the timescale for build-out could be secured via condition to be addressed by way of future application(s) for approval of matters specified in conditions, the application site is not consistent with the LDP spatial strategy. The proposed development is therefore considered to conflict with NPF4 Policy 16 as underpinned by LDP Policies LDP DM 1, LDP 8 and SG LDP HOU 1. NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach to land use planning. The development the subject of this planning application proposes connection to the public water main with drainage via installation of a septic tank and soakaway due to the lack of public drainage infrastructure within the vicinity of the site. Scottish Water raised no objection to connection to the public water main but provided advisory comments for the Applicant with regards to further investigations once a formal application for connection is submitted to them for consideration. As the application is seeking PPP, no details of the finer details of the septic tank and soakaway have been submitted with the application, with these being subject of approval through a further planning application(s) should PPP be granted. In this regard the proposal would be consistent with the broad aims of NPF4 Policy 18 as underpinned by LDP Policies LDP 11 and SG LDP SERV 1 and Policies 04, 05, 08 and 60 of pLDP2 which seek to ensure that suitable infrastructure is available to serve developments and give support to private arrangements where connection to the public systems is not available. NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed above water supply is via connection to the public water main to which Scottish Water raised no objection. The management of rain and surface water at Page 46
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the site would be managed through the provision of a sustainable urban drainage system, which could be adequately secured through the use of a planning condition should PPP be granted. The proposed development is considered to be acceptable in terms of NPF4 Policy 22 as underpinned by LDP Policies LDP 10, LDP 11, SG LDP SERV 6 and Policies 04, 05, 08, 59 and 61 of pLDP2. Whilst it has been demonstrated that appropriate servicing and infrastructure arrangements can be provided to serve a single dwellinghouse on the site, the principle of the development of the site with a dwellinghouse is not considered to be acceptable as it would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape. There is sufficient alignment in the assessment of the proposal against both provisions of the current Local Development Plan and the Proposed Local Development Plan 2 (as modified) that a decision can be made under the current development plan without giving rise to fundamental conflict with PLDP2 (as modified). (Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No (R) Reasons why Planning Permission in Principle Should be Refused: See reasons for refusal below. (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: Fiona Scott Date: 22/11/23 Reviewing Officer: Peter Bain Date: 04.12.2023 Fergus Murray Head of Development & Economic Growth Page 47
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 22/01950/PPP 1. The proposed development on this greenfield site conflicts with National Planning Policy NPF4 Policy 9. NPF4 Policy 9 (b) states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported in the LDP. Whilst the development proposed by this planning application is on a greenfield site, in terms of the adopted settlement strategy, the site of the proposed development is within the defined Minor Settlement of North Connel where LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to development, up to and including large scale, on appropriate sites. These main policy considerations are underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support to appropriate scales of residential development where such development would have no significant adverse impact upon the character of the landscape and where there is no unacceptable environmental, servicing or access impact. However, whilst the general presumption in favour of development within this area of North Connel is established by current policy, this is qualified by the requirement to ensure that developments accord with the existing and established pattern of development and do not result in an unacceptable environmental, servicing or access impact. The Sustainable Siting and Design Principles of the LDP advise on the standards that will be applied to all developments with 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. Development within this area of North Connel is mixed in style and appearance but properties are generally situated within spacious plots fronting the C25 public road. The site the subject of this application is situated to the rear of a row of established residential properties which front the public road representing backland development contrary to the established settlement pattern. It is considered that the development of the site with a dwellinghouse would represent an inappropriate form of backland development which would be contrary to the established settlement pattern within the surrounding area which is generally characterised by dwellinghouse presenting to the public road and therefore it is considered that the proposed development is contrary to NPF4 Policy 9 as underpinned by LDP Policies LDP STRAT 1, LDP DM 1, SG LDP ENV 14 and SG LDP HOU 1 and Policy 01 of pLDP2. Page 48
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application 22/01950/PPP (A) 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 (B) The reason why planning permission has been approved: See reasons for refusal above. Page 49
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Legal & Regulatory Support 2 April 2024 Argyll and Bute Council Kilmory our ref: 2103/FM LOCHGILPHEAD Argyll your ref:24/0004/LRB PA31 8RT For the attention of Hazel Kelly MacInnes – Committee Services Officer Request for Review of Planning Application ref: 22/01950/PPP Plot 2 Achnacairn, North Connel, By Oban, Argyll PA37 1QZ Mr & Mrs A MacLaurin We refer to your e mail dated 31 March 2024 and wish to comment in response to the representations received from the planning department as follows: We wish to reiterate that the proposed site is within the settlement area of North Connel in both the newly adopted Local Development Plan 2 and the plan prior to this. Page 51 Agenda Item 3c
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The Planning Officer comments that the existing property ‘Greenloaning’ fronts onto an existing private access track as does the approved application ref:23//02444/PPP this is set back from the public road and not directly behind an existing property that does front the public road, the approved plot 1does create a linear backland development and plot 2 should constitute as ‘infill’ between plot 1 and the existing house ‘Lasgair’. Approving this plot would not set a precedent either for other properties to follow suit and apply for planning in a similar manner since our client owns the ground immediately behind all the other existing properties as per the location plan and these areas are designated as being outwith the settlement zone. It should be noted that our client had planning approval for a plot adjacent to ‘Lasgair, this has since expired, following discussions on site with Historic Environment Scotland they confirmed that should a further application ever be submitted for a plot in this location that they would refuse due to the impact it would have on the nearby cairn however they raised no issues with the location of our proposed plot 2. The nearby cairn was also the reason that the original application for plot 1 was withdrawn and re-submitted. As shown on the extract from the LDP plan above there is an area designated for housing to the North, creating rows behind the existing houses facing the loch and further south-west on the same road there is clear evidence of ‘ linear backland’ development at Black Crofts with an area of ground designated for future housing development behind two single dwelling-houses that front the public road, the Planning Department contradict themselves when they say our client’s proposal ‘would result in an inappropriate form of backland development contrary to the existing settlement pattern of the area to the detriment of the wider landscape’. Page 52
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At a time where there is a shortage of and great need for housing both private and social within our local authority area every opportunity for housing development should be considered especially if a landowner wishes to provide plots for sale that lie within these settlement areas and are not specifically designated for development as set out in the Local Development Plan. We trust that a site visit will take place as per our request at time of applying for this review and look forward to hearing from you in this respect in due course. Yours faithfully, Crawford MacPhee Architectural Services Page 53
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