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Consider Notice of Review Request: Rowanbrae, Glencruitten, Oban (Ref: 24/0002/Lrb)

Argyll and Bute Council · 24 May 2024
Back to Argyll and Bute Local Review Body — 24 May 2024 and its agenda

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FURTHER INFORMATION 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
24/0002/LRB 
REFUSAL OF PLANNING PERMISSION 23/00825/PPP 
SITE FOR THE ERECTION OF A DWELLINGHOUSE 
LAND NORTH OF ROWAN BRAE, GLENCRUITTEN, OBAN 
Applicant’s Further Submission 8th April 2024 
ARGYLL AND BUTE
A HOUSING EMERGENCY AND MORE FLEXIBILTY REQUIRED
Statement by Pippa Milne, Chief Executive of Argyll and Bute Council, in March
2024 in reply to Mike Mackenzie following concerns raised over depopulation and
lack of flexibility in the existing planning process.
“The Council remains focussed on reversing the population decline and sees
housing as a key factor in tackling this. This has been demonstrated by it
being the first local authority in Scotland to declare a housing emergency and
its recent housing summit.
These are complex issues which require a partnership approach to tackle
them.
The Council's LDP2 has also now been formally adopted and is now the first
LDP in Scotland to be adopted since NPF4. It brings with it more flexibility for
development across Argyll and Bute.”
The following policy failures are a consequence of the planning authority’s
assessment that “general support for development is caveated with the
requirement to demonstrate that there will be no unacceptable adverse effects
(either individually or cumulatively) on natural heritage resources, built and/or
cultural heritage resources, and landscape and visual amenity.”
The planning Authority have considered that the proposed development would
cause material harm to the immediate and/or wider landscape based on the
review of material submitted in application for planning permission rather than the
using an evidence based technical matrix for assessing landscape impacts, where
the importance of the viewpoint is judged against the magnitude of the impact of
the proposed development in relation to the landscape condition.

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Those conditions are characterised as:-
HIGH
MODERATE
LOW.
The detail can be seen by clicking this link.
METHODOLOGY FOR LANDSCAPE AND VISUAL ASSESSMENT 
In this application the sensitivity of the viewpoint, the magnitude of the impact of
the proposal and the condition of the landscape generally could only be described
as LOW.
Using a much simpler “glass half full/glass half empty” analogy, and where a
landscape assessment matrix reflects low scores, and even assuming that this
application is borderline, in terms of whether or not the “development would
cause material harm to the immediate and/or wider landscape” which we do not
agree is the case, but even if we did, there is scope to adopt a “GLASS HALF FULL”
approach as suggested by the Pippa Milne above.
That would be the start of a much more flexible approach to development across
Argyll and Bute reflecting a much more a more positive ethos of interpretation of
the new Planning Framework NPF4. Scottish Government introduced this
framework to do that very thing, to make the planning process more flexible, not
more rigid and inflexible as the Glass half empty approach would suggest.
According to the handling report of this application it fails on NPF4, Policy 9, 14
and 17, which I have noted below and commented on for ease of reference.
Incidentally, a house was recently approved at a position 800m away from this
application site and was approved.

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NPF4 POLICY 9
BROWNFIELD. DERELICT AND VACANT LAND &
EMPTY BUILDINGS
Local Development Plans:
LDPs should set out opportunities for the sustainable reuse of brownfield land
including vacant and derelict land and empty buildings. 
Policy 9
a) Development proposals that will result in the sustainable reuse of brownfield land
including vacant and derelict land and buildings, whether permanent or temporary,
will be supported. In determining whether the reuse is sustainable, the biodiversity
value of brownfield land which has naturalised should be taken into account.
b) Proposals on greenfield sites will not be supported unless the site has been
allocated for development or the proposal is explicitly supported by policies in the
LDP.
c) Where land is known or suspected to be unstable or contaminated, development
proposals will demonstrate that the land is, or can be made, safe and suitable for
the proposed new use.
d) Development proposals for the reuse of existing buildings will be supported, taking
into account their suitability for conversion to other uses. Given the need to conserve
embodied energy, demolition will be regarded as the least preferred option.
The Land is of little agricultural merit, and the biodiversity
value limited. Although not a brownfield site the development
proposals for the re-use of derelict land should be supported
as the proposals are consistent with NPF9 in that regard.

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NPF4 POLICY 14
LIVEABLE PLACES
Local Development Plans:
LDPs should be place-based and created in line with the Place Principle. The spatial
strategy should be underpinned by the six qualities of successful places. LDPs should
provide clear expectations for design, quality and place taking account of the local
context, characteristics and connectivity of the area. They should also identify where
more detailed design guidance is expected, for example, by way of design
frameworks, briefs, masterplans and design codes.
Planning authorities should use the Place Standard tool in the preparation of LDPs and
design guidance to engage with communities and other stakeholders. They should also
where relevant promote its use in early design discussions on planning applications.
Policy 14
a) Development proposals will be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale.
b) Development proposals will be supported where they are consistent with the six
qualities of successful places:
Healthy: Supporting the prioritisation of women’s safety and improving physical
and mental health.
Pleasant: Supporting attractive natural and built spaces.
Connected: Supporting well connected networks that make moving around easy
and reduce car dependency
Distinctive: Supporting attention to detail of local architectural styles and
natural landscapes to be interpreted, literally or creatively, into designs to
reinforce identity.
Sustainable: Supporting the efficient use of resources that will allow people to
live, play, work and stay in their area, ensuring climate resilience, and
integrating nature positive, biodiversity solutions.
Adaptable: Supporting commitment to investing in the long-term value of
buildings, streets and spaces by allowing for flexibility so that they can be
changed quickly to accommodate different uses as well as maintained over time.
Further details on delivering the six qualities of successful places are set out in
Annex D.
c) Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not be
supported.
The proposal fits the “THE 6 QUALITIES OFSUCESSFUL PLACE”
which underpins the essence of Policy 14, therefore must be
compliant.

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NPF4 POLICY 17
RURAL HOMES
Local Development Plans:
LDPs should be informed by an understanding of population change over time, locally
specific needs and market circumstances in rural and island areas.
LDPs should set out tailored approaches to rural housing and where relevant include
proposals for future population growth – including provision for small-scale housing such as
crofts and woodland crofts and the appropriate resettlement of previously inhabited
areas. The Scottish Government’s 6 fold Urban Rural Classification 2020 should be used to
identify remote rural areas. Plans should reflect locally appropriate delivery approaches.
Previously inhabited areas that are suitable for resettlement should be identified in the
spatial strategy.
Policy 17
a) Development proposals for new homes in rural areas will be supported where the
development is suitably scaled, sited and designed to be in keeping with the character of
the area and the development:
i. is on a site allocated for housing within the LDP;
ii. reuses brownfield land where a return to a natural state has not or will not happen
without intervention;
iii. reuses a redundant or unused building;
iv. is an appropriate use of a historic environment asset or is appropriate enabling
development to secure the future of historic environment assets;
v. is demonstrated to be necessary to support the sustainable management of a viable
rural business or croft, and there is an essential need for a worker (including those taking
majority control of a farm business) to live permanently at or near their place of work;
vi. is for a single home for the retirement succession of a viable farm holding;
vii. is for the subdivision of an existing residential dwelling; the scale of which is in
keeping with the character and infrastructure provision in the area; or
viii. reinstates a former dwelling house or is a one-for-one replacement of an existing
permanent house.
b) Development proposals for new homes in rural areas will consider how the development
will contribute towards local living and take into account identified local housing needs
(including affordable housing), economic considerations and the transport needs of the
development as appropriate for the rural location.
c) Development proposals for new homes in remote rural areas will be supported where
the proposal:
i. supports and sustains existing fragile communities;
ii. supports identified local housing outcomes; and

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Part 2 – National Planning Policy
National Planning Framework 4
66
iii. is suitable in terms of location, access, and environmental impact.
d) Development proposals for new homes that support the resettlement of previously
inhabited areas will be supported where the proposal:
i. is in an area identified in the LDP as suitable for resettlement;
ii. is designed to a high standard;
iii. responds to its rural location; and
iv. is designed to minimize greenhouse gas emissions as far as possible. 
Applicable policies from above.
a)i,ii, v, vi, 
b) 
c)I, ii, 
NPF4 66
ii, iii, and iv.  
And to underpin those policies the LDP 2 extract from above
“LDPs should set out tailored approaches to rural housing and
where relevant include proposals for future population growth
– including provision for small-scale housing such as crofts and
woodland crofts and the appropriate resettlement of
previously inhabited areas. The Scottish Government’s 6 fold
Urban Rural Classification 2020 should be used to identify
remote rural areas. Plans should reflect locally appropriate
delivery approaches. Previously inhabited areas that are
suitable for resettlement should be identified in the spatial
strategy.”

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building design studio 
inveresregan house ardchattan argyll  PA37 1RG 
iain@inveresregan.co.uk 
07766394079 
9th April 2024