Notice_of_Review and appendicesa_RedactedA
Argyll and Bute Council · 20 May 2024
Back to Argyll and Bute Local Review Body — 20 May 2024 and its agenda
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Appendix 1: Request for Review for Refusal of Planning Permission ref: 23/01067/PP Introduction: A planning application was submitted on the 30th May 2023 by Iain Robertson of West Highland Architects on behalf of Graham and Oonagh Fielden which was validated on the 29th of June ref: 23/01067/PP. The application was to seek permission for the sitting of a single glamping pod to be used for short-term seasonal holiday use within the garden grounds of the applicants dwelling house ‘Fernlea’. Following a lengthy planning process, the application was refused under delegated powers on the 24th of January 2024 (Appendix 3) for the following reasons: 1. The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11 and SG LDP TRAN 4 of the adopted 'Argyll and Bute Local Plan' 2015 and Policy 37 of emerging proposed 'Local Development Plan 2' as the proposed development would result in the intensification in vehicular use of a sub-standard private road with no delineation between pedestrian or vehicular use. The proposed development constitutes a material intensification of the use of an existing and constrained access regime and would be capable of support only if compliance with various highway safety concerns could be demonstrated through the submission, examination and acceptance of competent detail. The land necessary for the upgrade of the existing private road, if achievable, does not form part of the planning application site and is not within the acknowledged legal ownership/control of the Applicant. During the planning process and within the delegated report of handling, the main reason for the refusal of this application is based on the comments received from the A&BC Roads oƯicer (Appendix 4) in relations to NPF4 Policy 13. All other NPF4 policies have been assessed and the proposed application meets their requirements and is confirmed appropriate in all other planning aspects. Therefore, this Notice of Review will focus on NPF4 Policy 13 and provide further justification in order to try and achieve a positive outcome following a review undertaken by the LRB. Discussion: The current application has been subject to objection from the Roads Engineer who advised that the existing private road, which also forms part of the Longsdale Footpath, is narrow with poor geometry, serves numerous properties and has limited passing opportunities. The private road has narrow verges and provides limited step oƯ areas for pedestrians. The Roads Authority concluded by stating that the private road is unsuitable for further development or intensification of use. Whilst we take on board all of these comments, we feel that they alone do not merit suƯicient justification to determine the application for refusal. It has also been noted that the type of consent being applied for is noted as planning permission in principle on the Roads consultation response dated 16th August 2023 whereas our application submitted is for full planning permission. (we have presumed this to be a typo error copied over from another similar consultation response)
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During the planning consultation process and when the first consultation response was received from the Roads oƯicer (Appendix 4) recommending the application for refusal, the client prepared and issued additional supporting documentation in response to the comments received from the Roads engineer which can be viewed in (Appendix 5). This additional information presented a number of photo’s taken at various locations along the private access road leading up to the application site to try and demonstrate that the existing private access road is of an acceptable standard and can suƯiciently accommodate any additional traƯic which may be generated from the sitting of the proposed glamping pod. The private access road serves 5no. individual properties including the applicants house Fernlea and measures 3m at its narrowest point and extends for a total length of 118m (0.07miles) from the junction of the UC72 Polvinister Road to the application site boundary. There is corner at the bottom of the road and then then majority of the access is straight with good sightlines climbing approximately 10m over a gradual incline. Along this section of private road which is also part of the core path C160(c) network, there is an adequate roadside grass verge which provides step oƯ areas for pedestrians when met by vehicles using the access road. The vast majority of the grass verge is 1m in width and at points, there is suƯicient space to accommodate vehicles which can be seen within the photo’s contained within Appendix 5. Following the submission of this additional information to the planning authority, the client also prepared a risk assessment (Appendix 6) as further supporting documentation and the suggestion of a site visit to discuss the application and in particular the issues raised by the Roads engineer. A further response was received from the Roads engineer maintaining their initial objection to this application whilst also advising that a site visit would not be required. Potential B&B usage: Limited B&B activity is a prescribed right for any householders with properties of certain sizes up to certain thresholds without needing planning permission. The applicants house ‘Fernlea’ is Aerial view showing extent of private road
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a four-bedroom detached dwelling which could be used for B&B purposes, and we feel that this potential usage needs to be considered whilst reviewing this application for an ancillary pod within the garden grounds of the applicant’s house. It is of no consequence whether B&B activity is active or not (past and present) but merely the ability to do so. And likewise, this prescribed right could be adopted by any of the other four properties accessed from the same private access road. The proposed pod is ancillary to an existing dwelling and would see no significant increase in traƯic (as noted in the design statement) and fundamentally is no diƯerent to a room within the applicant’s house being used for B&B purposes or any of the other dwelling houses accessed by the private road operating a B&B from their properties and the potential of additional vehicular movements. Neither of which would be subject to planning or roads department consultation. Our suggestion would be that the potential usage of a room within the applicant’s dwelling house for B&B usage is transferred to this ancillary pod within the garden grounds of the applicant’s house. NOTE: the use of one bedroom for B&B within a house containing three bedrooms, or two bedrooms for B&B within houses containing four or more bedrooms, is explicitly provided for within Class 9 (houses) of the Use Classes Order - and has been so since 1999 Similar Applications as precedents: Broom Hill ref: 22/01001/PP (Appendix 7) This application was recently submitted for the sitting of a single glamping pod within the garden ground of Broom Hill, Ardconnel Hill, Oban. The application lies within close proximity of the applicant’s site and was refused planning permission following the comments received by the Roads engineer. A Notice for Review was submitted and following this, a positive outcome was sought, and planning permission was granted. Broom Hill was previously used for the letting of two bedrooms for B&B purposes and that such usage would be modified to facilitate a glamping pod within their garden grounds. During the LRB meeting, Councillor Brown sought clarity on the position that each of the houses serviced by the private access road could in theory operate as a B&B premises, increasing the vehicular use of the private access road and there would be nothing to stop them. The planning oƯicer confirmed this to be the case and we feel that this is an identical situation to the application which we are seeking permission for. A condition was added to the Broom Hill permission to state: ‘the new glamping pod hereby approved must not be occupied during any period when any bedrooms within the principal dwelling house are operating as (or being occupied as) bed & breakfast or guest house accommodation ‘ Based on the similarities between this recent application and which was subsequently approved following a Notice for Review, we would consider it appropriate that a similar condition could be included to monitor and maintain vehicular movements whilst protected future usage should the property change ownership. Soroba Lodge ref: 20/01542/PP (Appendix 8) A planning application was submitted for two holiday pods within the garden ground of Soroba Lodge, which is served via a shared private access. Soroba Lodge had the ability to operate two
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bedrooms for B&B purposes within the main house. The Planning Department and Roads Engineer were concerned about traƯic levels on the shared private access and ultimately the application was refused under delegated powers. An appeal against the refusal was however successful. When issuing planning permission in May 2022 under ref 21/0005/LRB, the Local Review Body attached planning condition 3 to prohibit occupation of the two approved pods at any time when B&B activity was occurring within the house. It is of no consequence whether B&B activity is active. Limited B&B activity is a prescribed right for householders with properties of certain sizes up to certain thresholds without needing planning permission. Indeed, it is this very ability to exercise that right without needing planning permission that led to planning oƯicer concerns about the inability to prevent B&B usage in the future in both the Soroba Lodge and Broom Hill examples. The outcome of the Notice of Reviews at both Broom Hill (23/0007/LRB) and Soroba Lodge (21/0005/LRB) provides a direct precedent example which can be readily compared to the planning application at Fernlea. Summary: Mr & Mrs Fielden are seeking permission to sit a single glamping pod within the garden ground of their existing home ‘Fernlea’. The design, siting and layout for the proposed pod has been confirmed acceptable in all respects by planning oƯicers, except for concerns over the existing shared access regime serving the site. Those concerns are reflected in the single reason for refusal detailed previously namely comments received from the Roads Engineer over the existing access road. The decision to refuse overstates the anticipated vehicular demands associated with the development, pays insuƯicient regard to existing traƯic levels at the site, and ignores a precedent case of direct relevance. This is the type of development that is commonly approved by the Planning Authority without any concerns over increase in vehicular demand. We would stress again, that the applicant’s house is a four-bedroom detached dwelling which could be used for B&B purposes, and it is of no consequence whether B&B activity is active or not (past and present) but merely the ability to do so. The proposed pod would not generate a material intensification in traƯic as suggested. Mr and Mrs Fielden being residents with young children in the area do not wish to be providing multiple turnovers on a daily basis and as such propose the following condition as to allow vehicular movements to be minimised. Planning condition wording could potentially read: Condition - Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, the new glamping pod hereby approved must only be made available for periods not less than a 3-day occupancy Reason - In the interests of road safety, to ensure that vehicle numbers using the private access do not increase beyond current levels. Furthermore, Visitors using the pod shall be encouraged to use alternative means to access Oban, such as walking and cycling, given the sites location and close proximity to core path network.
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The Local Review Body is asked to support this Notice of Review and we would stress that a site visit is undertaken to view the existing access road and ask any further questions you may have regarding this Notice for Review. We hope that a positive outcome can be reached to enable a small positive contribution towards the local tourist accommodation in a way that accords with local and national planning policy and raises no unacceptable impacts.
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Appendix 2 - Planning Application Form
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Appendix 3 - Decision Notice (Refusal of planning application ref 23_01067_PP)
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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 REFERENCE NUMBER: 23/01067/PP Mr Graham Fielden Fernlea Polvinister Road Oban Argyll and Bute PA34 5TN I refer to your application dated 1st June 2023 for planning permission in respect of the following development: Siting of accommodation pod for short term letting use AT: Garden Ground Of Fernlea Polvinister Road Oban Argyll And Bute Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby refuse planning permission for the above development for the reasons(s) contained in the attached appendix. Dated: 24 January 2024 Fergus Murray Head of Development and Economic Growth
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REASONS FOR REFUSAL RELATIVE TO APPLICATION NUMBER: 23/01067/PP 1. The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11 and SG LDP TRAN 4 of the adopted 'Argyll and Bute Local Plan' 2015 and Policy 37 of emerging proposed 'Local Development Plan 2' as the proposed development would result in the intensification in vehicular use of a sub-standard private road with no delineation between pedestrian or vehicular use. The proposed development constitutes a material intensification of the use of an existing and constrained access regime and would be capable of support only if compliance with various highway safety concerns could be demonstrated through the submission, examination and acceptance of competent detail. The land necessary for the upgrade of the existing private road, if achievable, does not form part of the planning application site and is not within the acknowledged legal ownership/control of the Applicant.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/01067/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application: 23/01067/PP 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 (delete as appropriate) if yes, list amendments 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 N/A
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June 2023 Utilities Statement in Support of a Planning Application for Accommodation Pod Fernlea, Polvinister Road, Oban 1. Background Information The applicant is Mr Graham Fielden whose current residence is Fernlea, Polvinister Road, Oban. The home located in the semi-rural on the outskirts of Oban and he hopes to be able to offer a unique accommodation opportunity in a sustainable manner and help satisfy local demand for this type of holiday accommodation to satisfy demand from visitors to the area 2. Site Proposals - Foul Water The existing dwelling known as Fearnlea on the application site has a connection to the main Scottish water foul sewer in place already. The proposal for the pod is to connect into the existing private dwelling system which is then in turn connected to the public network. Therefore, a new connection is not required for the new pod development as the building is considered ancillary to the main dwelling. 3. Site Proposals - Surface Water Surface water arising from the new pod will be taken to a gravel soakaway around the new pod and will not require a connection to the public network. 4. Site Proposals - Water Connection The existing dwelling known as Fearnlea on the application site has a connection to the mains Scottish Water mains water pipe in place already. The proposal for the pod is to take a connection from the existing dwelling on the site and feed the pod from the sites existing connection. Therefore, a new connection is not required for the new pod development as the building is considered ancillary to the main dwelling. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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ub Sta Craigdarroch Kerith 44.2m Orasay Fernlea Sheridan 57.0m Chanonry Glenesk 58.5m in Terok-nor W estwood 46.3m 64.3m Tigh Sonais Touchstone Neidpath Rowan Elrig ROAD 48.5m W rangholm Torren agar Ronaldsay Strathd Ardgarbh POLVINISTER Cuildrynoch Broom Hill The Whins Kildalton Um tali Lataska Bornish Ciscolli Ardlussa 71.3m Cottage Sabdenbrook Larchfield Alron Taigh Allt Cabarfeidh Na Feidh 63.4m Fernlea 0 50 100 150 N Detail Scale Job No Date 22823-WHAS-ZZ-XX-PL-A-00-0001-01 Planning Application LOCATION PLAN 1:1250 April 2023 Project Client Proposed Accommodation Pod at Fernlea, Polvinister Road, Oban Mr G Fielden Application site outlined in RED Other land in ownership of the Applicant in BLUE Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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LOUNGE BED SHW SIDE ELEVATION FLOOR PLAN ROOF PLAN 6000 3300 2540 FRONT ELEVATION REAR ELEVATION 0 5 Detail Scale Job No Date 22823-WHAS-ZZ-XX-PL-A-00-0003-01 Planning Application PLANS & ELEVATIONS 1:50 April 2023 Project Client Proposed Accommodation Pod at Fernlea, Polvinister Road, Oban Mr G Fielden Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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1.8m high timber slatted fence 1.8m high timber slatted fence Space for Hot Tub Timber Decking 100mm stone chipped border around pod with timber edging POD SITE LAYOUT Compacted gravel path with timber edging 0 5 Detail Scale Job No Date 22823-WHAS-ZZ-XX-PL-A-00-0004-01 Planning Application EXTERNAL SITE LAYOUT 1:50 May 2023 Project Client Proposed Accommodation Pod at Fernlea, Polvinister Road, Oban Mr G Fielden Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Statement in response to Consultee Response - Roads - 16/08/2023 in relation to Planning Application for Accommodation Pod Fernlea, Polvinister Road, Oban In reference to consultee response your ref 23/01067/PP (Your contact James Jackson, Operational Services), we would respond as follows: The road referenced is a private un-adopted road that also falls with thin the core path network in this area, we understand due to the un-adopted nature of the road the comments submitted by the Roads department are advisory and we would seek to address them in the following ways; “the private Road is narrow with poor geometry.” The private road is single track and measures 3.0m at its narrowest point and extends for a total length of 118m as shown below in fig1. For the greater length of this distance the road is straight with good sight lines Figure 1: Illustration showing total length of Private Road “Narrow verges provide limited step off areas for pedestrians” The vast majority of the road length has step of verges of greater than 1.0m in width. The applicant will maintain the verges along its length in order that they do not become overgrown and are accessible to those accessing the track. This shall also be a benefit not only to visitors to the development but also to users utilising the core path network. The access road already forms part of the core path network in the area and regular users of the path already use the current verges to step of the road when vehicles use this route. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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“the private road serves numerous houses” The total number of houses served by the private road is only five (Including the applicant’s property) The application proposal should not be considered, as it seems to be, as a new dwelling. The proposed pod is ancillary to an existing dwelling which already uses the un-adopted access road. The proposal would see no significant increase in traffic (as noted in the design statement) on this section of road and is no different to any of the properties accessed by the un-adopted road operating a B&B operation from their home or a home having 2 or 3 cars neither of which would be subject to planning or roads department consultation and would have a more substantial impact that that of the submitted proposal. Operational Services already note that the road falls within a 20mph speed restriction area which is to the benefit of the site access. We would be grateful if the above statements can be taken into consideration in your determination of the application and we would welcome the opportunity to provide further comment on a site visit is desired. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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SupportingInformationinrelation to Statement in response to Consultee Response -Roads -16/08/2023 in relation to Planning Application for Accommodation Pod Fernlea, PolvinisterRoad, Oban ȃȄɑȁȂȁȇȈɑ ʰ«ļƣļŝİŨįíĉĉŨś ś ŨĐíƣļŨŝ ƋŨĐįŨƎƖķŨƎƣƣėƎś ŒėƣƣļŝİƫƖėʰGíƎĐėŝ GƎŨƫŝĐ}įFėƎŝŒėí ŨŒǂļŝļƖƣėƎ£ŨíĐ}Ĉíŝ ƎİljŒŒŝĐ ƫƣė Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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View looking up the private access road in the direction of Fernlea. View down the private access road in the direction of PolvinisterRoad Typical section of verge Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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View lookinguptheprivateroadinthedirectionof Fernlea Typical section of verge Vehicle accessible width of verge Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Typical section of verge View looking in the direction of Fernlea Vehicle accessible verge at on Private Road Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Typical section of verge Typical section of verge (Looking up the private Road) Typical section of verge (Looking down the Private road) Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) Design and Access Statement in Support of a Planning Application for Accommodation Pod Fernlea, Polvinister Road, Oban 1. Background Information The applicant is Mr Graham Fielden whose current residence is Fernlea, Polvinister Road, Oban. The home located in the semi-rural on the outskirts of Oban and he hopes to be able to offer a unique accommodation opportunity in a sustainable manner and help satisfy local demand for this type of holiday accommodation to satisfy demand from visitors to the area 2. Site Appraisal The total application site extends to an area of approx. 0.1Ha. The property is bounded on the south, west and east by other detached dwellings on Polvinister Road to the north the site is bounded by rough grazing land. The site is split over 2 generally level areas, the lower part of the site is where the current residence is sited along with garden ground and parking areas, a steep banking leads to another upper-level area which was is garden area. Development would not involve a great deal of site preparation or earth moving as the proposal seeks to work with the landscape. Disabled access would possibly be difficult to achieve however ambulant disabled access would be possible. The site is accessed from the existing Polvinster road and the small scale of the development would have no overall impact on the use of the road as this proposal is associated with an existing dwelling. Using Argyll & Bute Councils own data an average length of stay in the area is between 4 to 6 days on average, taken over a maximum occupancy period of 48 weeks in any year then this would equate to approximately 69 vehicle movements per year directly associated with the pod. Visitors to the pod would also be encouraged to walk around the area (it is as quick to walk into the town centre from the site as it is to drive), promotion of existing walking routes in the area would be visible to visitors to the pod. The access road to the site is single track and also serves the 3 other dwellings in the immediate vicinity, the road is verged with grass verges of at least 1.0m wide and would provide sufficient pedestrian separation along its line. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) The site slopes from north to south, access between the levels on site would be by means of a new path working with the site contours with a mix of ramp and steps. The proposed siting of the hut would have no overall impact on the existing housing group. The buildings surrounding the site are of similar style and mostly single and two storey detached dwellings. The new pod will be small scale and be mobile. The choice for external finishing materials would reflect the existing situation to ensure that the hut would be ‘appropriate’ in its setting in order to accord with both Council Development Plan Policies and Scottish Government Guidance. 3. Services A mains water supply is proposed and is available within the site boundary. An electricity supply is also available within the site boundaries. A public sewage system is available within the site boundaries. 4. Policy Considerations The overall aims of this proposal are to ensure that the proposed pod accommodation is carefully located, is worthy of its setting and is the result of an imaginative, responsive and sensitive design process. The proposal will fulfil these aims and in so doing will provide a sustainable development not out of keeping in its surroundings. This sensitive approach is in accordance with the aims of Scottish Government Guidance as expressed in Planning Advice Note 72 – Housing in the Countryside. The site is also covered by the National Planning Framework 4, the applicable policies are stated in the table below Policy 30(b) – Tourism (a) Tourism is central to the proposal and the aims of the policy can be identified in the following ways; i. The proposal shall make a positive contribution to the local economy by providing accommodation for visitors to the area and allow them to enjoy the services offered in the local area. Argyll and Bute council state “Tourism is an extremely important sector for Argyll and Bute employing almost 25% of private sector jobs and 9% of Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) our GVA compared to a 3% GVA average for Scotland3” Table 1 below also demonstrates the positive impact tourism makes to the local economy ii. The proposal fits in with similar tourism related activities in the general locality. iii. The provision of homes for local people would not be impacted by this development as it does not take an existing home out of the market. iv. The applicant intends to provide an electric car charging point on the site which will encourage more users of sustainable transport to make use of the accommodation. Fernlea also benefits from an existing 2.4kw solar PV installation which will enable the charging point to be optimised for use that would not further incumber the National Grid. v. With the elevation of the site wheelchair access would be difficult however careful planning of the access would allow ambulant disabled users to make use of the accommodation. The applicant has personal experience of family members with disabilities and recognises and are supportive of the requirements of parents and carers of those with additional needs to be able to feel welcome and safe when taking a much-needed holiday. vi. The buildings are formed from sustainable timber sources and contribute to net zero targets. Heating will be from non-carbon- based sources. vii.The site is on the fringes of the natural environment and access to this is encouraged by the applicants. The proposal also looks to work around the natural environment on site and take advantage of existing ecology and landscape. The proposal is considered to comply with Policy 30(b). Table 1. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) 5. Site Photographs Proposed Pod Location View towards rear of pod site Proposed site Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) View from Front of proposed Pod site Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) Access Road & Existing Parking area with site above Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev02 - 27 July 2023) Access route to pod level to be improved and reprofiled Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Fernlea Sheridan 58.5m r POD Parking & Turning Area Pod parking ex. mh mh mh re water connection to pod taken from existing house waste water connection from pod to connect into the existing house system new footpath and steps to access pod new footpath and steps to access pod new screen fence new screen fence waste water connection from pod to connect into the existing house system EV charging Point APPLICATION SITE OUTLINED IN RED =0.058Ha new 1.8 - 2.0m high beech hedge new 1.8 - 2.0m high beech hedge 0 5 10 15 20 25 30 DRAINAGE NOTES: 1. Drainage: The wastewater drainage system is to be constructed and installed in accordance with - a. for sanitary pipework, BS EN 12056-2:200 above ground drainage pipes to be in uPVC sized as follows- Dn 110 to WC Dn 32 to WHB Dn 40 to Bath & SHW Dn 110 to Soil Vent Pipe (SVP) All branch wastes to be trapped and SVP to have accessible rodding point. 75mm deep trap seal to be provided to the washbasin. WCs to be connected separately to the SVP and should not share the same branch as other ware. All pipe diameters below floor slab to be Dn 110 b. for a drainage system outside the building, BS EN 752-3:1997 (amend 2), BS 752-4:1998 and BS EN 1610:1998 c. for a sewer that is intended for vesting in the water authority, "Sewers in Scotland". d. for rainwater pipes and gutters, BS EN 12056-3:2000 2. Gradient of all undeerground drains to be installed at not less than 1 in 80 3. Min. 200mm diameter radius bend at foot of drainage stacks svp denotes 100mm dia. soil and vent pipe taken through roof aav denotes 100mm dia. air admittance valve stub denotes 100mm dia. stub stack rwp denotes rainwater pipe position re denotes rodding eye mh denotes manhole ic denotes inspection chamber big denotes back inlet gully ________ denotes underground foul water drain ________ denotes underground surface water drain Denotes min. 50mm gravel on min. 150mm well compacted hardcore base Denotes site boundary line. Denotes new grass seeded topsoil Denotes paving slabs on blinding and compacted hardcore base - slabs laid with crossfall away from building Legend: N Project Client Detail Scale Job No Date 22823-WHAS-ZZ-XX-PL-00-0002-02 Proposed Accommodation Pod at Fernlea, Polvinister Road, Oban Mr G Fielden Planning Application SITE PLAN 1:200 April 2023 Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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x ExisƟng View from approximate locaƟon of the front of the new Pod x ExisƟng fence is in the region of 1.0m high x Proposed View with screen hedge planted on line of exisƟng fence x Preserves private of the immediate neighbouring properƟes whilst maintaining the longer view from site x Proposed hedging to be between 1.8m and 2.0m high x Hedging will also screen the pod from the lower areas so when looking up from the access road the pod will not be visible behind the hedge. x Improved biodiversity on site with hedging aƩracƟng new species to site. ApplicaƟon for new Pod at Fearnlea, Polvinster Road, Oban Mr G Fielden Screening Proposal Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) Design and Access Statement in Support of a Planning Application for Accommodation Pod Fernlea, Polvinister Road, Oban 1. Background Information The applicant is Mr Graham Fielden whose current residence is Fernlea, Polvinister Road, Oban. The home located in the semi-rural on the outskirts of Oban and he hopes to be able to offer a unique accommodation opportunity in a sustainable manner and help satisfy local demand for this type of holiday accommodation to satisfy demand from visitors to the area 2. Site Appraisal The total application site extends to an area of approx. 0.1Ha. The property is bounded on the south, west and east by other detached dwellings on Polvinister Road to the north the site is bounded by rough grazing land. The site is split over 2 generally level areas, the lower part of the site is where the current residence is sited along with garden ground and parking areas, a steep banking leads to another upper-level area which was is garden area. Development would not involve a great deal of site preparation or earth moving as the proposal seeks to work with the landscape. Disabled access would possibly be difficult to achieve however ambulant disable access would be possible. The site slopes from north to south, access between the levels on site would be by means of a new path working with the site contours with a mix of ramp and steps. The proposed siting of the hut would have no overall impact on the existing housing group. The buildings surrounding the site are of similar style and mostly single and two storey detached dwellings. The new pod will be small scale and be mobile. The choice for external finishing materials would reflect the existing situation to ensure that the hut would be ‘appropriate’ in its setting in order to accord with both Council Development Plan Policies and Scottish Government Guidance. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) 3. Services A mains water supply is proposed and is available within the site boundary. An electricity supply is also available within the site boundaries. A public sewage system is available within the site boundaries. 4. Policy Considerations The overall aims of this proposal are to ensure that the proposed pod accommodation is carefully located, is worthy of its setting and is the result of an imaginative, responsive and sensitive design process. The proposal will fulfil these aims and in so doing will provide a sustainable development not out of keeping in its surroundings. This sensitive approach is in accordance with the aims of Scottish Government Guidance as expressed in Planning Advice Note 72 – Housing in the Countryside. The site is also covered by the National Planning Framework 4, the applicable policies are stated in the table below Policy 30(b) – Tourism (a) Tourism is central to the proposal and the aims of the policy can be identified in the following ways; i. The proposal shall make a positive contribution to the local economy by providing accommodation for visitors to the area and allow them to enjoy the services offered in the local area.. ii. The proposal fits in with similar tourism related activities in the general locality. iii. The provision of homes for local people would not be impacted by this development as it does not take an existing home out of the market. iv. The applicant intends to provide an electric car charging point on the site which will encourage more users sustainable transport to make use of the accommodation. v. With the elevation of the site wheelchair access would be difficult however careful planning of the access would allow ambulant disabled users to make use of the accommodation. vi. The buildings are formed from sustainable timber sources and contribute to net zero targets. Heating will be from non-carbon- based sources. vii.The site is on the fringes of the natural environment and access to this Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) is encouraged by the applicants. The proposal also looks to work around the natural environment on site and take advantage of existing ecology and landscape. The proposal is considered to comply with Policy 30(b). 5. Site Photographs Proposed Pod Location Proposed site Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) View towards rear of pod site View from Front of proposed Pod site Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) Access Road & Existing Parking area with site above Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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May 2023 (Rev01 - July 23) Access route to pod level to be improved and reprofiled Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Siting of accommodation pod for short term letting use Garden Ground of Fernlea Polvinister Road Oban Argyll and Bute Ref. No: 23/01067/PP ManagementPlan Theapplicantandthisapplicationrecognisetheimportanceofgoodneighbourrelationsandenvironmental impactandassuch,themanagementplanstipulateshowthisshallbeachieved. Thepodshallbeletsubjecttotermsandconditionswhichshallbeagreedatpointofbooking.Theseshall alsobedisplayedatthepod.Itisalsoofnotethatthemaximumoccupancyoftwoadults. Theseconditionsareshown: x UseofPods:ThePodsshallbeusedasaholidayletonlyandfornootherpurpose.Only membersofthebookingpartyshallbepermittedonthesite.Thirdpartyaccessisstrictly prohibited.YoumustnotusetheAccommodation,orallowittobeused,foranydangerous, offensive,noisy,illegalorimmoralactivities.Youmustnotcauseanynuisanceorannoyancetoany neighboursoranyoneelseduringyourstay. x Noise:Wedon’tallowanyamplifiedmusicorloudrevellingthatdisturbslocalresidents.Quiet timeis10:00pmto9:00am.It’sveryimportanttousthatourneighboursareshownrespectandwe allneedsleepfortomorrow’sadventures!Anyonecommittinganuisanceordisturbingthepeace maybeaskedtoleaveimmediatelyandwithoutarefund. x HotTub:Useofthehottubbefore9amandafter10pmisprohibited. x RubbishandRecycling:Wearepassionateaboutrecyclingandwouldaskthatyoucomplyby usingourrecyclingfacilitiesandusethecorrectbinsprovided. x Transport:Weseektominimisevehicularmovementsandrequestthatconsiderationshouldbe giventoothermodesoftransport.Thepodissituatedonthe“CorePathNetwork”andgivesdirect accesstoObanTowncentre.Mapsarelocatedwithintheinformationpacks. x Parking:Onlyonevehicleperbookingispermittedatthesite. x Drones:Theflyingofdronesonthesiteisprohibited. x Safety:Pleaseobservea10mphspeedlimitalongtheaccessroad.Theroadisregularlyusedby pedestriansandresidents. x Pets:Unfortunately,weareunabletoaccommodatepetsatthispod. x Smoking:Thepodisastrictlynosmokingorvapingaccommodation. Itisalsoofnotethere’sverylittlelightpollutioninArgyll,makingitoneofthebestplacesinScotlandto watchthenightsky.Aclearnightcanrevealacanopyofstarsthatwilltakeyourbreathaway.Itcanbe possibletospotsatellites,meteors,meteorshowers,cometsandevenmeteorites,oryoucansimplygaze atthemoon.Fromacitycentrelocation,youmightseefewerthan100starswithournakedeyes.Undera darkskywecanseeover1,000stars.YoumayevenbeluckyenoughtoseetheNorthernLights. x Consideringtheabovethedevelopmentofthepodshallimplement: x Lowlevelilluminationatallfootpaths. x Noadditionallightingshallbeinstalledattheparkingareaasthisalreadybenefitsfromthelighting installedatFernleawhichisaPIR(PassiveInfrared)sensoroperatedlight. x Withintheentrancetothepodthelightingfixturewillbefullyshieldedandemitnolightabovethe horizontalplane. x Internaltothepod,blackoutblindsshallbeinstalled. Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01067/PP Fergus Murray Head of Development and Economic Growth 24 January 2024
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Appendix 4 - Roads Comments (16.07.23)
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Appendix 5 - Supporting Information on Roads Consultation
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Statement in response to Consultee Response -Roads -16/08/2023 in relation to Planning Application for Accommodation Pod Fernlea, Polvinister Road, Oban In reference to consultee response your ref 23/01067/PP (Your contact James Jackson, Operational Services), we would respond as follows: The road referenced is a private un-adopted road that also falls with thin the core path network in this area, we understand due to the un-adopted nature of the road the comments submitted by the Roads department are advisory and we would seek to address them in the following ways; “the private Road is narrow with poor geometry.” The private road is single track and measures 3.0m at its narrowest point and extends for a total length of 118m as shown below in fig1. For the greater length of this distance the road is straight with good sight lines Figure 1: Illustration showing total length of Private Road “Narrow verges provide limited step off areas for pedestrians” The vast majority of the road length has step of verges of greater than 1.0m in width. The applicant will maintain the verges along its length in order that they do not become overgrown and are accessible to those accessing the track. This shall also be a benefit not only to visitors to the development but also to users utilising the core path network. The access road already forms part of the core path network in the area and regular users of the path already use the current verges to step of the road when vehicles use this route.
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“the private road serves numerous houses” The total number of houses served by the private road is only five (Including the applicant’s property) The application proposal should not be considered, as it seems to be, as a new dwelling. The proposed pod is ancillary to an existing dwelling which already uses the un-adopted access road. The proposal would see no significant increase in traffic (as noted in the design statement) on this section of road and is no different to any of the properties accessed by the un-adopted road operating a B&B operation from their home or a home having 2 or 3 cars neither of which would be subject to planning or roads department consultation and would have a more substantial impact that that of the submitted proposal. Operational Services already note that the road falls within a 20mph speed restriction area which is to the benefit of the site access. We would be grateful if the above statements can be taken into consideration in your determination of the application and we would welcome the opportunity to provide further comment on a site visit is desired.
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SupportingInformationinrelation to Statement in response to Consultee Response -Roads -16/08/2023 in relation to Planning Application for Accommodation Pod Fernlea, PolvinisterRoad, Oban ȃȄɑȁȂȁȇȈɑ ʰ«ļƣļŝİŨįíĉĉŨś ś ŨĐíƣļŨŝ ƋŨĐįŨƎƖķŨƎƣƣėƎś ŒėƣƣļŝİƫƖėʰGíƎĐėŝ GƎŨƫŝĐ}įFėƎŝŒėí ŨŒǂļŝļƖƣėƎ£ŨíĐ}Ĉíŝ ƎİljŒŒŝĐ ƫƣė
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View looking up the private access road in the direction of Fernlea. View down the private access road in the direction of PolvinisterRoad Typical section of verge
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View lookinguptheprivateroadinthedirectionof Fernlea Typical section of verge Vehicle accessible width of verge
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Typical section of verge View looking in the direction of Fernlea Vehicle accessible verge at on Private Road
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Typical section of verge Typical section of verge (Looking up the private Road) Typical section of verge (Looking down the Private road)
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Appendix 6 - Risk Assessment
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Internal Use Appendix 6 -Risk assessment Assessment carried out by: Graham Fielden Date assessment was carried out: 05/10/2023 Activity Hazard Risk Persons in Danger Risk Rating Control Measures Risk left on site Additional Comments W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med Road has a mandatory 20mph speed limit Low W hilst the road has a 20-mph(which is a benefit) speed limit in reality 20mph is difficult to achieve W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med Step off verges to be maintainedas per verge management plan Low To ensure pedestrian vehicular separation W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med Visitors to be pre informed of speed limit on road Low This to be informed via pre booking information. Any breach of this condition of contract could result in the guests booking being terminated W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med Visitors to be informed of speed limit on roadwithin welcome pack Low Aim of good communication W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med Visitors to be informed of walking paths to town centre once arrived at the property and encouraged to use as an alternative to driving Low Limited parking within town to supplement this aim W alking up private lane on core path network Live traffic & other road users Struck by pedestrians Med A condition of booking to be that only one vehicle per booking will be allowed at the property Low Aim is to reduce the overall number of vehicular movements
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Appendix 7 - Local Review Body decision letter on planning application 22_01001_PP (23_0007_LRB)
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Appendix 8 - Local Review Body decision letter on planning application 20_01542_PP (21_0005_LRB)
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