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Argyll and Bute Council · 28 March 2024
Back to Argyll and Bute Local Review Body — 28 March 2024 and its agenda

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Argyll and Bute Council 
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD
21 March 2024 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on THURSDAY, 28 MARCH 2024 at 10:00 AM, which you are requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. CONSIDER NOTICE OF REVIEW REQUEST: LAND TO THE NORTH OF
BALLYHAUGH OUTDOOR CENTRE, ISLE OF COLL, PA78 6TB (REF: 
23/0009/LRB) 
(a) Further information requested from Applicant (Pages 3 - 10)  
(b) Comments from Interested Parties (Pages 11 - 14) 
Argyll and Bute Local Review Body 
Councillor Kieron Green (Chair) Councillor Mark Irvine
Councillor Peter Wallace   
Contact: Lynsey Innis, Senior Committee Assistant  Tel:  01546 604338
Public Document Pack

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To whom it concerns 
With reference to the email of 15/02/2024 for more information on the site re our appeal
for a farmhouse to be built at Ballyhaugh, Isle of Coll, PA78 6TB, I attach a series of
photographs of soil sampling from the site (see Hole 3 photo and photo 7) and images of
wind speeds for the last three years. 
One of the photographs (No 8) is of the location identified in the local development plan. As
you can see it is very boggy and occupies a dip in the ground, which would require
considerable infill. 
Our reasons for selecting the location are as follows: 
• close proximity to existing fank/animal pens for sheep/cattle
• adjacent to existing (rough) track
• out of sight of Project Trust offices (which has panoromic windows) and
accompanying wind turbines
• close to electricity supplies and main road
• the location would blend well in the landscape and not be obtrusive 
As I'm sure you're aware, NatureScot have confirmed that there are none of the identified
plant species for the SSSI in the site area. An archaeologist would be appointed to assist any
ground excavation. 
Just now, we have a hypothermic new-born calf in our kitchen, which we are trying to bring
round. It has had to have a two mile trip from the farm in the back of a quad bike trailer, in
rain and across a bumpy track, to reach our cottage for continued attention, as there is no
farmhouse at Ballyhaugh. My partner recently spent a night in the shed, in a sleeping bag,
trying to save another hypothermic calf. 
Regards 
Juliet Conway 
Page 3 Agenda Item 3a

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Please find attached a photo of a calf that we had in our kitchen overnight (taken by quad
from Ballyhaugh). Sadly, it died. I was attempting to confirm, in frustration, the essence of
our case - a farm with no farmhouse and issues therefore.... 
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RESPONSE TO SUBMISSION OF FURTHER
INFORMATION 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
23/0009/LRB
REFUSAL OF PLANNING PERMISSION IN
PRINCIPLE FOR SITE FOR THE ERECTION OF
DWELLINGHOUSE TO BE USED IN ASSOCIATION
WITH FARMING BUSINESS – PLANNING
APPLICATION REFERENCE 22/02078/PPP 
LAND NORTH OF BALLYHOUGH OUTDOOR
CENTRE, ISLE OF COLL 
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COMMENT ON SUBMISSION OF FURTHER INFORMATION
The appellant has submitted further information in the form of photographs and wind speed
data for the application site in an attempt to provide professionally qualified evidence that all
other suitable alternative sites for the development proposed within planning application
reference 22/02078/PPP have been considered and discounted.
Before commenting on the further information submitted, officers must bring the following
matter to the attention of the LRB panel:
The decision to refuse planning permission for the development the subject of this review was
made under the provisions of the then extant Local Development Plan, the National Planning
Framework 4, and all other material planning considerations.
As Members are aware, since that decision was made a new Local Development Plan, LDP2,
has very recently been adopted. Whilst the review panel might be tempted to seek the
reassessment of the development against the new adopted LDP2, officers would respectfully
advise that the role of the LRB process is fundamentally a review of the original decision.
Whilst Members may reasonably seek additional information to clarify the assessment of the
original planning application and to assist them in their review of the decision made at that
time, they should not seek to reassess and redetermine the development the subject of their
review by relying upon material considerations that were not and could not have been
available to officers at the time. It is, of course, open to the appellant to seek a reassessment
of the development under the new Development Plan by submitting a new planning
application.
The national and local planning policy comments below, therefore, relate to the original
assessment of the development the subject of this review.
The development proposed by this planning application is on a greenfield site. NPF4 Policy 9
clearly states that development proposals on greenfield sites will not be supported unless the
site has been allocated for development or the proposal is explicitly supported by policies in
the LDP. The site is located within the ‘Countryside Zone’ as designated within the LDP, where
LDP Policies LDP STRAT 1 and LDP DM 1 give encouragement only to small scale
development on appropriate infill, rounding-off, redevelopment, and change of use of existing
buildings. 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. In this case, the proposed site for a dwellinghouse would not represent an
opportunity for infill, rounding-off, redevelopment, or the change of use of an existing building.
With regard to ‘exceptional cases’, development in the open countryside up to and including
large scale may occasionally be supported on appropriate sites, provided that the applicant
has demonstrated a clear locational/operational requirement for the development and one
which cannot be accommodated within the reasonable local vicinity of the proposed
development site on a more suitable site within the settlement zone or in the less-sensitive
countryside zone (the ‘Rural Opportunity Areas’). 
The information submitted during the planning application process indicated that the
agricultural holding covers an area of approximately 91 hectares. This agricultural holding,
under the ownership of the appellant, includes a number of ‘Rural Opportunity Areas’ (COL003
and COL004). The applicant was, on numerous occasions, advised that there are other
potential sites within the wider agricultural holding which would avoid the more sensitive
‘Countryside Zone’. This includes the designated ‘Rural Opportunity Areas’, which are sited
approximately 40 metres to the south of the proposed development site and approximately
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400 metres to the northeast of the proposed development site. The applicant was invited to
appraise these sites, and responded by discounting all of the land within the ‘Rural Opportunity
Areas’ for the reason that the ‘area would not be suitable for construction due to its exposure
to harsh northerly and easterly winter winds’. 
The further information submitted by the appellant includes data on the wind speed, direction
and distribution for the application site, covering the time period of the last three years. The
submitted information, whilst not supported by any assisting commentary, appears to show
that the prevailing winds predominantly come from the south and southwest. It is noted that
the site for the proposed development is located approximately 350 metres from the coastline
and would therefore be exposed to wind from the south and west as there are no intervening
landform features sited between the coastline and the proposed development site. It is further
noted that the ‘Rural Opportunity Area’ (COL003) sited approximately 400 metres to the
northeast of the proposed development site, of which approximately 7.4 hectares are sited
within the agricultural landholding under the ownership of the appellant, would be sheltered
by the intervening rising land which is sited between the ‘Rural Opportunity Area’ and the
coastline. Therefore, the conclusion of officers, having studied the submitted supplementary
information, is that the development site the subject of the LRB is actually more exposed to
prevailing winds than other sites within the ownership of the appellant and that the evidence
submitted, whilst intending to offer strength to the appellant’s case, actually supports the
refusal of planning permission instead.
The further information submitted by the appellant also includes photographs of the ‘area
considered for development’ in the Local Development Plan and an image of a hole dug for
soil sampling. No further supporting information has been provided in terms of soil analysis or
geotechnical data. The image provided of the ‘area considered for development’ in the Local
Development Plan is not corroborated with any supporting information showing the location
on a map or providing any information on ground conditions. It is noted that this particular
‘Rural Opportunity Area’ (COL004), within the wider agricultural landholding and under the
ownership of the appellant, amounts to approximately 7 hectares. Whilst some areas of the
land within the ‘Rural Opportunity Area’ may well be unfavourable in terms of ground
conditions, the submitted information has not assessed all areas within the ‘Rural Opportunity
Area’ and appears only to show those areas which may be unfavourable. This lack of
professionally qualified data serves only to support the assessment of the Planning Authority
that there has not been a sufficiently robust site options appraisal. It is also apparent that the
appellant has failed to appraise the ground conditions of the ‘Rural Opportunity Area’ which is
sited approximately 400 metres to the northeast of the proposed development site.
The information submitted has failed to appraise the selection of viable sites for the proposed
development to a sufficient standard. The submitted information does not unambiguously
identify key principles and planning policies to inform the site selection process and does not
test any such criteria against the land within the wider agricultural holding such that it is not
possible to establish areas of viable potential development sites and areas which must be
excluded as unsuitable. The appellant has failed to present supporting information, in the form
of professionally qualified evidence and quantitative evaluation, to robustly appraise viable
sites for the proposed development such that it is not possible to discount other more suitable
sites for development which are in close vicinity of the application site and are within the
ownership of the appellant. 
It is reiterated that whilst the Planning Authority is keen to support local businesses and the
reasonable aspirations of individuals, it is concluded that in this case, the case put forward by
the appellant does not meet the ‘exceptional case’ criteria as it has not been demonstrated, to
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an appropriate standard, that there is a necessity for the proposed development to be located
in this exact location. The information provided does not satisfactorily discount other potential
development sites that are within close proximity to the proposed development site and are
within the wider agricultural landholding of the appellant. In this regard, the appellant has failed
to demonstrate an ‘exceptional case’ where it must be substantiated that there is a locational
requirement for the proposed development to be tied to the exact location. 
The Development Management Zones support the Local Development Plan settlement
strategy. Permitting development of this type within this safeguarded location without a
sufficiently demonstrated ‘exceptional case’ would compromise the purpose of the
‘Countryside Zone’ designation which is there to safeguard sensitive and vulnerable areas
from inappropriate development, such as that proposed within this application. 
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