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Comments from Intersted Parties Combined

Argyll and Bute Council · 21 May 2024
Back to Argyll and Bute Local Review Body — 21 May 2024 and its agenda

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Page 1

STATEMENT OF CASE
FOR
ARGYLL AND BUTE COUNCIL
LOCAL REVIEW BODY
REFUSAL OF PLANNING PERMISSION IN
PRINCIPLE FOR ERECTION OF 4NO.
DWELLINGHOUSES AT LAND AT
COULTORSAY FARM, BRUICHLADDICH, ISLE
OF ISLAY, ARGYLL AND BUTE
PLANNING APPLICATION REFERENCE
NUMBER 23/01028/PPP
LOCAL REVIEW BOARD REFERENCE
NUMBER 24/0006/LRB
27th March 2024

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STATEMENT OF CASE 
The planning authority is Argyll and Bute Council (‘the Council’). The
appellants are Mr and Mrs Rosemary and Neil Wood (‘the appellants’). 
The planning application, reference number 23/01028/PPP, for the erection of
4No. dwellinghouses at Land at Coultorsay Farm, Bruichladdich, Isle of Islay,
Argyll and Bute (“the appeal site”) was refused under delegated powers on
the 15th February 2024. The planning application has been appealed and is
subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The application site is located in the countryside (formerly within part within a
designated Rural Opportunity Area and part within a Countryside Zone) as
designated in the Argyll and Bute Local Development Plan 2 (Adopted 2024).
The application site, which is cut out from a larger field, comprises an
undeveloped area of rough grazing land which is devoid of any buildings.     
SITE HISTORY 
The planning history of the site and locality is detailed in Section D of the
Report of Handling. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED
Section 25 of the Town & Country Planning (Scotland) Act 1997 provides
that where, in making any determination under the planning Acts, regard is
to be had to the development plan, 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 issues in relation to the
case are as follows:- 
- Whether the proposed scale, form, layout and location would have
an adverse visual impact which would, as a result, have a
significant adverse impact on the character of the landscape. 
- Whether the proposed scale, form, layout and location would
introduce an urban character/form of development into this
countryside setting.   
The Report of Handling (attached) sets out the Council’s assessment of the
application in terms of Development Plan policy and other material
considerations.

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REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is considered that no new information has been raised in the appellants’
submission. A detailed planning policy assessment (which was relevant at the
time of the assessment of the planning application) and all other material
planning considerations is covered in the Report of Handling. 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 significant body of
conflicting representation, then it is considered that a Hearing is not required. 
COMMENT ON APPELLANTS’ SUBMISSION 
Having regard to the detailed grounds for review set out in the appellant’s
submission, the following points are noted: 
1. At Section 1 ‘Background’ paragraph 1.1 of the appellant’s review
submission, the appellants assume that there was a drafting error
in the now superseded Argyll and Bute Local Development Plan
(adopted March 2015) because the Rural Opportunity Area
designation within which the appeal site was located at the time
the planning application was submitted (and assessed) did not
extend to the full extent of the appeal site to the road. 
Officers can confirm that no drafting error exists in the particular
circumstances of this case. 
As detailed within Section P of the main report of handling, the appeal
site is located part within a designated Rural Opportunity Area (ROA)
and part within a Countryside Zone (CZ) as designated in the Argyll
and Bute Local Development Plan 2015 (LDP). A detailed assessment
of the relevant planning policies pertaining to these two designations is
subsequently set out within Section P of the main report of handling
under the sub-section titled ‘Principle’. 
2. At Section 1 paragraph 1.1 of the appellant’s review submission,
the appellants refer to the Council’s supplementary guidance with
respect to ROA’s and highlights the following: 
“The ROAs have been mapped specifically with a view to identifying areas
within which there is a general capacity to successfully absorb small scale
housing development. This includes open countryside locations where
appropriate forms of small- scale housing development will be in tune with
landscape character and development pattern”. 
Officers agree with the appellant that the highlighted text provides for a
presumption in favour of small-scale housing development within this
zone. However, the highlighted text goes on to expressly qualify that
the small-scale housing development must be ‘appropriate’ and that it
must be ‘in tune with the landscape character and development

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pattern’. As detailed within Section P of the main report of handling,
and primarily addressed under the sub-section titled ‘Character of the
Landscape’ in this case, Officers consider that the scale, form and layout
of the proposed development, when set in this particular location and
context, would introduce an urban character/form of development into
this countryside setting which would have an adverse visual impact
which would, as a result, have a significant adverse impact on the
character of the landscape, noticeable from the surrounding area and
adjacent road. 
3. At Section 1 paragraphs 1.6 – 1.11 of the appellant’s review
submission, the appellants set out their own view in respect to the
pre-application advice they received from the Council. At
paragraph 1.11, the conclude that in their opinion ‘…there is a fair
expectation that pre-application advice should be reliable and that
potential applicants should not be given “false hope”. 
Officers note that the appellants correctly refer to the Council’s formal
pre-application advise letter dated 18 May 2022 in which the planning
officer set out his opinion/consideration of the proposal in principle for
4No. dwellinghouses both at the appeal site and at another potential
site on the opposite side of the road. Of the two sites, the Officer
clearly states that ‘…In this case the more northerly site is likely to be
the most suitable’, that is, the appeal site is most suitable of the two
sites identified by the appellants. However, whilst stating that of the two
sites, the appeal site is the most suitable, the Officer goes on to qualify
his opinion by referring to the ‘…councils hesitation regarding creating
an artificial infill site beside Bruichladdich’. As such, the Officers sets
out his concerns regarding the appeal site and no express support for
the scheme was provided. 
Importantly, the Council’s pre-application advice dated 18 May letter
contains the following statement, ‘Finally, the above is the view of
Development Management and may not necessarily be that of the
Planning Authority’. From this, it should be clear to the reader that the
Officer is providing an informal opinion in respect to the information
he/she has been provided at the time of the pre-application advice and
neither does it constitute a detailed assessment of the planning merits
of the proposal nor does it bind the Council to the same conclusion
if/when the formal submission of the planning application has been
made to the Council. Equally, there is an onus upon the appellant’s
agent to make that clear to his clients/the appellants. 
It is also noted that the email from Mr Wilson (dated 12.04.24) provided
by the appellant does not offer support for the proposal as the
appellant states. This email includes a body of text that Mr Wilson
explains to Mr Hyde was being used as a template in reports, which
‘may vary with the specifics of the proposals’.

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4. At Section 1 paragraph 1.10 of the appellant’s review submission,
the appellants refer to a decision of the Planning Inspectorate in
England under APP/M1710/W/20/3256965 in which the Inspector
comments upon pre-application advice. 
Officers would comment that this decision and/or its content has no
jurisdiction or planning weight in the Scottish Planning system. 
5. At Section 2 ‘Grounds for Review’ paragraphs 2.4 – 2.6, the
appellants set out their own opinion of the Principle of
Development. 
Officers note at the outset that the appellants’ opinion does not make
any reference to prevailing planning policy relevant to the particular
circumstances of the appeal development. Officers would respectfully
refer to the detailed planning policy assessment set out within Section
P of the main report of handling. 
At paragraph 2.5 of the appellant’s review submission, Officers note
that the appellants state that the prevailing pattern of development on
the Isle of Islay, outwith the defined settlements, is one of dispersed
groups of 2, 3, 4 or more dwellings, in the main sited parallel to the
public road. Whilst that may or may not be the case in the wider Isle of
Islay, it is not the prevailing pattern of development within the
immediate proximity of the appeal site and against which the proposal
would be read. The prevailing pattern of development at the appeal site
is one of isolated dwellings. 
At paragraph 2.5 of the appellant’s review submission, the appellants
refer to planning application 22/00462/PPP for planning permission in
principle for the erection of four dwellings on land South-East of Neriby
Cottage, Bridgend and state that it is ‘almost identical’ to the appeal
proposal. Officers consider that not to be the case. Notwithstanding
that each planning application must be considered on its own merits
and in its own evidential context, the fundamental difference between
that planning application and the appeal proposal is that in that case,
the Officer noted the presence of a ‘similar grouping of four semi-
detached dwellings to the SE at Mulindry’ and attached weight
accordingly. In this case, there is no similar ‘grouping’ of 4No.
dwellinghouses within close proximity of the appeal site. 
6. At Section 2 under the sub-heading ‘The Housing Emergency’, the
appellants paragraphs 2.8 – 2.9, the appellants refer to the Council
declaring a ‘housing emergency’ in June 2023 because of the
difficulties of employers attracting staff as a result of the lack of
housing. At paragraph 2.9, the appellants state that whilst the
Planning Officer referred to a number of benefits associated with
the proposed development, he concluded that these factors would
not outweigh the conflict the proposed development would have
with the development plan when taken as a whole.

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- The Planning Officer assessed that the ‘housing emergency’ was a
material consideration but that in the final planning balance, it did not
outweigh the fundamental planning policy conflict with the Local
Development Plan of the appeal proposal. Notwithstanding that there is
a housing emergency, this should not outweigh proposals which are
contrary to prevailing policy and which, in this case, would introduce an
urban character/form of development into this countryside setting which
would have an adverse visual impact which would, as a result, have a
significant adverse impact on the character of the landscape. 
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 (28.02.2024) 
It is highlighted that subsequent to planning permission being refused (on
02.02.24) that the Argyll and Bute Local Development 2 has been adopted on
28th 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. It is confirmed that the adoption of LDP2 does not give rise to any
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: 
- Whether the proposed development is acceptable in principle in
the countryside. 
The site is located outside Bruichladdich and within the countryside as defined
in the Argyll and Bute Local Development Plan 2 2024 (LDP2). 
Policy 02 ‘Outwith Settlement Areas’ of LDP 2 states that ‘Outwith the
Settlement Areas shown on the proposals map, development will only be
acceptable where it can be demonstrated that it accords with:

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• an allocation of this plan, or
• parts A, B or C as set out below, and
• all other relevant policies of the LDP2’. 
The policy goes on to state: 
‘With respect to the third bullet point, particular attention is drawn to the need
for development proposals to accord with Policies 70 to 76 with respect to
landscape and the natural environment. 
Development proposals will also be required 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 (emphasis added). Where a major development
is proposed, or for any development where there is preliminary evidence that
there may be such adverse effects (and where a formal environmental impact
assessment is not required), a landscape and visual impact assessment,
natural heritage assessment, or built and/or cultural heritage assessment may
be required. In circumstances where there is otherwise evidence of a risk to
the environment (for example flood risk or environmental pollution) other
assessments may be required. The need for any such assessments would be
determined at the development management stage, generally through pre-
planning application processes’. 
Part A is titled ‘Countryside Areas’ and wherein the appeal site lies. Part A
states that ‘within the Countryside Areas there is a presumption in favour of
sustainable development where this is of an appropriate scale, design, siting
and use for its countryside location, as detailed in the relevant subject
policies. In particular, the following types of development will be supported by
the council, generally without the need for detailed environmental
assessments, although such may still be required where there is evidence of
any environmental risk:
• Infill; or
• Rounding off; or 
• Redevelopment opportunities of clusters; or 
• Previously developed sites. 
Note: Development adjacent to, but outwith settlement boundaries which are
delineated in the Proposals Maps will not constitute infill, rounding off or
redevelopment’. 
In this case, Officers consider that the appeal proposal represents neither infill
development, rounding off, nor is it a redevelopment opportunity of clusters or
a previously developed site. 
In this regard, as the appeal proposal does receive support from Policy 02 as
it does not comprise (infill/rounding off/redevelopment opportunities of clusters
or previously developed sites) within the policy. Furthermore, the proposal
would result in unacceptable adverse landscape and visual amenity effects.

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As such, the proposal would be contrary to Policy 02 of LDP 2 and Policy 9(b)
of NPF4 such that it is not acceptable in principle in the countryside. 
- Whether the proposed location, scale, form and layout of the
proposed development have sufficient regard to the context of
their setting and the character of the landscape. 
Policy 04 ‘Sustainable Development’ of LDP 2 states that in preparing new
development proposals, developers should seek to demonstrate the following
sustainable development principles, which the planning authority will also use
in deciding whether or not to grant planning permission. A number of criteria
are subsequently detailed one of which is that the appeal proposal would: 
(i) respect the landscape character of an area and the setting and
character of settlements. 
Policy 08 ‘Sustainable Siting’ of LDP 2 details a number of criteria that will
apply when assessing any proposal for development. These include: 
• The development should integrate into the landscape or existing built
form to minimise detrimental effects on the environment. Particularly
careful attention should be given to hilltop, skyline or ridge locations,
where development will only be acceptable if such a location cannot be
avoided and any significant adverse landscape and visual effects are
clearly outweighed by social, environmental or economic benefits of
community wide importance arising from the development proposal,
and have been sufficiently mitigated through an environmental impact
assessment or landscape and visual impact assessment; and
• The siting of a development should take into account the character of
the area in terms of its settlement pattern, layout and density. 
In this case, Officers consider that the character of the area is predominantly
agricultural land interspersed with isolated dwellings. Notwithstanding that the
appeal site is not sited on a hilltop, skyline or ridge location, its scale, form
and layout would introduce an urban character/form of development which
would not visually integrate into this prominent open landscape setting along
this part of the road and which would, as a result, have a significant adverse
effect on the overall character and setting of the landscape. Officers also
consider that it would establish an undesirable precedent which, if repeated in
a similar locational context, would have a significant detrimental impact on the
integrity of the countryside.   
Policy 10 ‘Design: All Development’ details a number of criteria that will apply
when assessing any proposal for development. This includes that: 
• Development must demonstrate an understanding of and appropriate
response to the proposed development site and wider context including
consideration of character and, where applicable, urban grain..’

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For the reasons given above, it is considered the proposed development
would not be an appropriate response to the character of the wider site
context. 
The proposal is accordingly considered to be contrary to NPF4 Policy 14, and
Policies 04, 08 and 10 of LDP 2. 
Taking account of the above, it is respectfully requested that the request for a
review be dismissed. 
Appended documents:
Report of Handling

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 23/01028/PPP
Planning Hierarchy: Local
Applicant: Mr and Mrs Rosemary and Neil Wood
Proposal: Site for the erection of 4 dwellinghouses
Site Address:  Land At Coultorsay Farm, Bruichladdich, Isle Of Islay, Argyll And
Bute    
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 In Principle Planning Permission
• Erection of 4 dwellinghouses
• Formation of Access
• Installation of Septic Tank and Soakaway
(ii) Other specified operations
• Connection to services 
(B) RECOMMENDATION: 
For the reasons set out below, planning permission in principle should be refused
for the proposed development 
(C) CONSULTATIONS:   
ABC Roads – No objection subject to conditions – 19.06.2023
Scottish Water – No objection - 02.06.2023
West if Scotland Archaeology – No objection subject to conditions - 15.06.2023 
(D) HISTORY:   
(LPA reference 22/00709/PREAPP) – Responded on     
18.05.2022 – “In this case the more northerly site is likely to be the most 
suitable, notwithstanding the councils hesitation regarding creating an 
artificial infill site beside Bruichladdich. It is recommended that the 
proposals for LDP 2 are reviewed. These are available on the Council’s planning
web site”.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
(E) PUBLICITY:   
Oban Times advertisement – published 18.06.2023, expired 29.06.2023 
(F) REPRESENTATIONS:   
(i) Representations received from:
• N/A
(ii) Summary of issues raised: 
• N/A 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No (if Yes insert
EIAR topics below)  
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No (if Yes
attach as an appendix)  
(iii) A Design or Design/Access statement:    ☐Yes ☒No (if Yes insert
summary of key issues
below)  
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No (if Yes list
supporting documents
below) 
Supporting Planning Statement – 25.05.2023 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No (if Yes insert details of the
terms and heads of agreement and,
grounds for refusal if not completed
within 4 months below)   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No (if Yes insert details of direction below)    
(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

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
(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 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 12 – Zero Waste 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes 
Productive Places
NPF4 Policy 29 – Rural Development 
‘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  
‘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
SG LDP ENV 2 – Impact on European Sites
SG LDP ENV 4 – Impact on SSSIs and National Nature Reserves
SG LDP ENV 11 – Protection of Soil and Peat Resources 
Landscape and Design 
SG LDP 14 – Landscape            
SG LDP ACE 1 – Area Capacity Evaluation 
General Housing Development 
SG LDP HOU 1 – General Housing Development Including Affordable Housing
Provision 
Sustainable Siting and Design

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
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 
Transport (Including Core Paths) 
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 
• Scottish Planning Policy
• Consultation Reponses
• Planning History
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 02 – Outwith 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 
Connected Places 
Policy 34 – Electric Vehicle Charging Points
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
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)

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
High Quality Environment 
Policy 79 – Protection of Soil and Peat Resources 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No (if Yes confirm date of screening opinion and
reference below)    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No (if Yes provide summary detail of PAC below)             
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No (if Yes provide detail
below) 
(N) Does the Council have an interest in the site:  ☐Yes ☒No (if Yes provide detail
below) 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No (if Yes insert details
below)    
(P)(i) Key Constraints/Designations Affected by the Development:
• N/A 
(P)(ii) Soils
Agricultural Land Classification:  Class 4.10
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(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

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
☐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 
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 for planning permission in principle proposes the erection of 4
dwellinghouses on land at Land at Coultorsay Farm, Bruichladdich which is part
within a designated Rural Opportunity Area and part within a Countryside Zone as
designated in the Argyll and Bute Local Development Plan 2015 (LDP). The
application site, which measures some 0.89 hectares in area and which comprises
an undeveloped area of rough grazing land, extends in a south-west to north-east
direction along this particular part of the A847. 
The application proposes the erection of 4No. detached dwellings which are
positioned in a linear form within the application site. Each of the 4No. dwellings will
front onto the A847. Dwelling/Plot 1 which is sited at the south-western extent of the
application site measures some 2013m2, Dwelling Plot 2 measures some 1627m2,
Dwelling Plot 3 measures some 1640m2 and Dwelling Plot 2 measures, which is
positioned towards the north-eastern extent of the application site measures 1712m2.
To the rear of each dwelling is positioned a parking area which is designed to
accommodate two cars. 
Access to the development is gained via a single entrance directly from the A847.
This entrance leads onto a laneway which provides access to the rear of each of the
four dwellings and their respective parking areas and which culminates towards the
north-eastern extent of the application site in a turning area. The laneway
incorporates approximately 2No. passing areas in its design. 
Positioned along the north-eastern boundary of the site and within proximity to the
aforementioned turning area is a septic tank/partial soakaway to serve the proposed
development.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
To the north of the application site lies Coultorsay House/Coultorsay Farm, to the
north-east lies the laneway serving the aforementioned house/farm, to the east and
south-east lies the A847, to the south lies a single storey detached building and 2No.
telecommunication structures and to the west lies agricultural land. 
As this is an application in principle, details in respect of the design of each dwelling,
the access, landscaping etc. are not provided. 
Principle 
In the first instance, Policy LDP STRAT 1 is relevant to the application proposal. As
detailed above, the application site is an undeveloped area of rough grazing land. As
it therefore avoids the use of locally important good quality agricultural land, it
complies with Policy LDP STRAT 1 of the LDP. 
As also detailed above, the application site is located part within the Rural
Opportunity Area and part within a Countryside Zone as designated in the Argyll and
Bute Local Development Plan 2015. For this reason, Policy LDP DM 1 also provides
the relevant policy context in this case. Herein criterion (D) relates to development
within a Rural Opportunity Area (ROA) and criterion (E) relates to development within
a Countryside Zone (CZ). 
Policy LDP DM1 states that encouragement shall be given to sustainable forms of
development. In respect of development within an ROA, this includes small scale
development on appropriate sites including the open countryside. As the proposed
development is for 4No. dwellings, it would represent ‘small-scale’ development as
defined by SG LDP HOU 1. However, whilst the proposed development would be
partly within the ROA, for the reasons that follow (see Landscape Character section
below), the site would not represent an ‘appropriate site’ in the ROA with reference
to Policy LDP DM1 (D). 
Whilst the policy in respect of CZ essentially mirrors that of within ROA in that it also
provides development up to small scale, it is qualified upon being on an appropriate
infill, rounding off and redevelopment site. The application site, however, does not
fall within any of these types of development sites. 
Criterion (E) goes on to state that in exceptional cases, development in the open
countryside up to and including large scale may be supported on appropriate sites if
this accords with an Area Capacity Evaluation (ACE) in accordance with Policy SG
LDP ACE 1 of the LDP. 
In respect of this application, however, no ACE has been submitted with the
application. Furthermore, whilst a supporting planning statement has been
submitted, no exceptional case/reasons have been provided as to why the
development is necessary in this location. For all these reasons, as the exception
case has not been satisfied in the particular circumstances of this application, it is
considered that the proposed development fails to comply with Policies LDP DM1,
SG LDP HOU (A) and (B), SG LDP ACE 1 of the LDP, and as such NPF4 policies
9b), and 16f) ii). 
Character of the Landscape 
Policy SG LDP ENV 14 of the LDP provides the relevant policy context in addition to
Policy LDP 3 of the LDP in the particular circumstances of this application in principle.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
Policy SG LDP ENV 14 states, inter alia, that outwith National Scenic Areas and
Areas of Panoramic Quality, of which this application site is not within, the Council
will resist development when its scale, location or design will have a significant
adverse impact on the character of the landscape unless two exceptions are
accepted. 
In this location, it is considered that the character of the landscape is predominantly
agricultural land interspersed with isolated dwellings. This form of development I
consider maintains the rural/countryside aspect of the area and maintains its
landscape character and distinction from an urban setting. I consider however that
the scale, form and layout of the proposed development, when set in this particular
location and context, would introduce an urban character/form of development into
this countryside setting which would have an adverse visual impact which would, as
a result, have a significant adverse impact on the character of the landscape,
noticeable from the surrounding area and adjacent road. 
As no social, economic or environmental benefits of community wide importance
have been provided in support of the application and I consider that no mitigation
measures have been incorporated into the development proposal to minimise the
aforementioned adverse effect, a policy exception has not been made out in this
case. For these reasons, it is considered that the proposed development is contrary
to Policies LDP 3, LDP 9, SG LDP Sustainable, SG LDP ENV 14 of the LDP, NPF4
policies 4a, 14 and 17c) iii. 
Access 
As detailed above, access would be taken directly from the A846. ABC Roads has
raised no objection to the proposal subject to conditions. It is therefore considered
that the proposed development complies with Policies LP TRAN 4 and LP TRAN 6
of the LDP. 
All in all, and notwithstanding the conclusion in respect of the matter of access, for
the reasons detailed above, I consider that the proposal is contrary Policies LDP
DM1, LDP 3, LDP 9, LDP ACE 1, SG LDP Sustainable and SG LDP ENV 14 of the
LDP, which are determining, and that as a result, I recommend that planning
permission is refused. 
Other Matters 
The site is outwith but surrounded by the Rinns of Islay SSSI and SPA. However,
based on the available evidence, it is not considered likely that the proposed
development would have a significant effect (including cumulatively) on either
designation. 
It is also considered that a suitably worded planning conditions could address the
consultation comments raised by the Roads Authority and West of Scotland
Archaeological Services. 
Matters Raised by Proposed Local Development Plan 2 (as modified by Examination) 
For the reasons set out above and insofar as they relate to the harm identified, the
proposal would also be contrary to 
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting 
There are a number of benefits associated with the proposed development, including
the contribution it would make to existing communities and local housing outcomes;
particularly in the context of the Council declaring a ‘housing emergency’. However
these factors would not outweigh the conflict the proposed development would have
with the development plan when taken as a whole. 
The proposal is considered to be in conflict 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 grant planning permission
having regard to s25 of the Act. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Refused: 
The proposal is considered to be in conflict 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 grant planning permission
having regard to s25 of the Act. As such, planning permission should be refused for
the proposed development. 
(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 (If yes provide detail below)   
Author of Report: Francis Gillespie Date: 15.01.2023 
Reviewing Officer: Bryn Bowker  Date: 14.02.2024 
Fergus Murray
Head of Development & Economic Growth

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 23/01028/PPP 
1. The proposed development, by reason of its scale, form, layout and location, would
introduce an urban character/form of development into this countryside setting which
would have an adverse visual impact which would, as a result, have a significant
adverse impact on the character of the landscape. Consequently, the proposal would
be contrary to Policies LDP DM1, LDP 3, LDP 9, SG LDP HOU (A) (B), LDP ACE 1,
SG LDP Sustainable, SG LDP ENV 14 of the Argyll and Bute Local Development Plan
2015, NPF4 policies 4a, 9b, 14, 16f) 17c) iii, and emerging LDP2 policies 02, 04, 05,
and 08.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
NOTE TO APPLICANT (Copy Informative Notes to Uniform Decision Tab) 
• N/A.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 15.06.2023 
APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application: 23/01028/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
(Complete
Uniform
Reception,
Plans Tab) 
(B) The reason why planning permission in principle has been
refused: 
The proposed development, by reason of its scale, form, layout and location, would
introduce an urban character/form of development into this countryside setting which
would have an adverse visual impact which would, as a result, have a significant
adverse impact on the character of the landscape. Consequently, the proposal would
be contrary to Policies LDP DM1, LDP 3, LDP 9, SG LDP HOU (A) (B), LDP ACE 1,
SG LDP Sustainable, SG LDP ENV 14 of the Argyll and Bute Local Development
Plan 2015, NPF4 policies 4a, 9b, 14, 16f) 17c) iii, and emerging LDP2 policies 02,
04, 05, and 08.

Page 22

From: roadsconsmaki
To: MacInnes, Hazel; localreviewprocess
Subject: RE: Notice of Review - Coultorsay, Bruiachladdich [OFFICIAL] [NOT PROTECTIVELY MARKED]
Date: 22 March 2024 14:52:41
Attachments: Roads response 23.01028.PPP.pdf
Classification: NOT PROTECTIVELY MARKED
Hi Hazel,
I have nothing further to add. I have attached a copy of my response, for ease of reference.
Regards
James
James Ross
Traffic & Development Officer MAKI
Argyll & Bute Council
Roads & Infrastructure Services
1A Manse Brae
Lochgilphead
Argyll
PA31 8RD
Tel. 01546 604655
e mail. james.ross@argyll-bute.gov.uk
From: MacInnes, Hazel <Hazel.MacInnes@argyll-bute.gov.uk>
Sent: 18 March 2024 10:51
To: localreviewprocess <localreviewprocess@argyll-bute.gov.uk>
Subject: Notice of Review - Coultorsay, Bruiachladdich [OFFICIAL]
Classification: OFFICIAL
Good morning,
Please find attached Notice of Review in respect of Coultorsay Farm, Bruiachladdich, Isle
of Islay.
As detailed in the attached AB3 form, you have 14 days to provide any representation you
may wish to make (by 1 April 2024).
Regards,
Hazel
Hazel Kelly MacInnes
Committee Services Officer
Legal and Regulatory Support

Page 23

Argyll and Bute Council
Kilmory
Lochgilphead
PA31 8RT
Tel: 01546 604269
hazel.macinnes@argyll-bute.gov.uk
www.argyll-bute.gov.uk 
---
Argyll and Bute Council classify the sensitivity of emails according to the Government Security
Classifications. The adopted classifications are:
NOT PROTECTIVELY MARKED
Non public sector business i.e. does not require protection.
OFFICIAL
Routine public sector business, operations and services.
OFFICIAL-SENSITIVE
Particularly sensitive information that can be shared on a need to know basis, where inappropriate
access or release could have damaging consequences. Disclosure in response to FOISA should be
verified with the data owner prior to release.
OFFICIAL-SENSITIVE PERSONAL
Particularly sensitive information that can be shared on a need to know basis relating to an
identifiable individual, where inappropriate access or release could have damaging consequences.
For example, where relating to investigations, vulnerable individuals, or the personal / medical
records of people.
OFFICIAL-SENSITIVE COMMERCIAL
Commercial or market-sensitive information, including that subject to statutory or regulatory
obligations, that may be damaging to Argyll and Bute Council, or to a commercial partner if improperly
accessed. Disclosure in response to FOISA should be verified with the data owner prior to release.

Page 24

Development and Infrastructure - Roads and Amenity Services Application No. 23 01028 PPP 
OBSERVATIONS ON PLANNING APPLICATION Contact James Ross 
Tel. 01546-604655 
Grid Reference 1255872  660360 Dated Received 30/05/2023 
Return By Date 20/06/2023 
Applicant Mr and Mrs Rosemary and Neil Wood Call By Date 
Proposed Development Site for erection of 4 dwellings District Islay 
Location Land At Coultorsay Farm, Bruichladdich Recommendation 
Type of consent Outline Permission No objection subject to conditions 
Drawing Refs. 
Comments  
1. The applicant should ensure their plans show the required visibility splays within the site edge red. 
Conditions/Reasons for refusal/deferment   
1. Connection of site access to public road, 136 x 2.40 x 1.05 metres. 
2. Connection of site access to public road to be constructed as per the Council's standard detail drawing 
ref: SD 08/006 Rev a. Access width to be 5.50 metres wide, for a distance of 10.00 metres. 
3. Roadside ditch to be culverted. 
4. Headwalls to be provided at each end of the culvert under the proposed vehicular access. 
5. Refuse collection point to be provided adjacent to the public road. 
6. A turning head to be provided at the end of the proposed private access. 
7. Details for the servicing of the proposed septic tank to be provided, for written approval by Roads & 
Infrastructure Services. 
8. Parking and turning for each dwelling, as per The Local Plan. 
9. Applicant to provide a scaled plan showing a positive surface drainage system to prevent the discharge 
of surface water onto the public road. For written approval by Roads & Infrastructure Services. 
10. If the applicant wishes to remove the stone walls rather than reduce the height, there should be no fences 
walls or hedges within 2.00 metre of the public road or within 1.00 metre of a roadside ditch.     
SEE COMMENTS ABOVE 
Notes for Intimation to Applicant 
(i) Construction Consent (S21)* Not Required 
(ii) Road Bond (S17)* Not Required 
(iii) Road Opening Permit (S56)* Required 
(iv) No surface water discharge* Required 
*Relevant Section of the Roads (Scotland) Act 1984 
Signed: J. Ross Date 19/06/2023 ID 6521 
19 June 2023 Copies to : Planning             Page 1 of 1