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Consider Notice of Review Request: Land to the North of Ballyhaugh Outdoor Centre, Isle of Coll, Pa78 6Tb (Ref: 23/0009/Lrb)

Argyll and Bute Council · 12 February 2024
Back to Argyll and Bute Local Review Body — 12 February 2024 and its agenda

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STATEMENT OF CASE
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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STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr Allan
Brodie (‘the appellant’).
Planning permission in principle 22/02078/PPP for the site for the erection of a dwellinghouse
to be used in association with a farming business at land to the north of Ballyhough Outdoor
Centre, Isle of Coll, Argyll and Bute (‘the appeal site’) was refused by the Planning Service
under delegated powers on the 12th September 2023. 
This decision is the subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The application site comprises an area of undeveloped and open land to the north of the long
established Ballyhaugh Hebridean Centre. The site is accessed via a private unmade track
spurring from the public B8071 road. The surrounding area is rural and undeveloped in
character. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED 
Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in
making any determination under the Planning Act, regard is to be had to the development
plan, and all other material planning considerations and the determination shall be made
in accordance with the plan unless material considerations indicate otherwise. This is the
test for this application. 
STATEMENT OF CASE 
Argyll and Bute Council considers the determining issues in relation to the case are as follows: 
• Whether the proposed development is acceptable on a greenfield site within the
‘Countryside Zone’ where National Planning Framework 4 Policy 9(b) requires
development proposals on greenfield sites to be explicitly supported by policies in the
Local Development Plan, and where Local Development Plan Policies LDP STRAT 1
and LDP DM 1 support small scale development on appropriate infill, rounding off and
redevelopment sites and changes of use of existing buildings, and where, 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. 
• Notwithstanding the above, whether the development is considered to be materially
harmful to the landscape character, appearance and qualities of the area and is
therefore in conflict with NPF4 Policy 14 as underpinned by Local Development Plan
Policy 9, supplementary guidance SG LDP ENV 14, and Policies 05, 08, 09 and 10 of
the proposed Local Development Plan 2. 
The Report of Handing (Appendix A) sets out the Council’s full assessment of the application
in terms of these key determining issues and concludes that:

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Firstly, the proposal does not accord with NPF4 Policy 9 as underpinned by Local
Development Plan Policies LDP STRAT 1 and LDP DM 1 and Policy 02 of the proposed Local
Development Plan 2. The proposed development would be on a greenfield site within the
‘Countryside Zone’ as designated in the adopted Local Development Plan and within the
‘Countryside Area’ as designated in the proposed Local Development Plan 2. Within the
adopted Local Development Plan, support is given to small scale development on appropriate
infill, rounding off and redevelopment sites and changes 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. The
proposed development does not relate to infill, rounding off, redevelopment, or the change of
use of an existing building. The ‘exceptional case’ presented does not suitably demonstrate a
specific locational or operational need tied to a precise location that is agreed with or
acceptable to the Planning Authority, nor is it evidenced that any existing activity would be
jeopardised without the proposed development. There is no demonstration of an overriding
economic or community benefit which outweighs other policies of the Local Development Plan
and is agreed with and acceptable to the Planning Authority. 
Secondly, the proposed development would be sited upon an open site within the surrounding
expansive landscape and would be materially harmful to the landscape character and qualities
of the area. The proposed development would be in direct conflict with NPF4 Policy 4 which
states that development proposals will be designed to improve the quality of an area whether
in urban or rural locations, and regardless of scale. In this case, the proposed development
would introduce an inappropriate form of built development that would appear as unduly
prominent at the site and unsympathetic to the landscape setting; the indicative design of the
proposed dwellinghouse would lack local character and in this regard would appear as
suburban and inappropriate to the rural location. The proposed development is therefore
considered to be in conflict with NPF4 Policy 14 as underpinned by Local Development Plan
Policy 9, supplementary guidance SG LDP ENV 14, and Policies 05, 08, 09 and 10 of the
proposed Local Development Plan 2. 
Furthermore, it is not considered that the highlighted unacceptable impacts of the proposed
development can be appropriately mitigated through the use of planning conditions. 
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is not considered that any additional information is required in light of the appellant’s
submission.  The issues raised were assessed in the Report of Handling which is contained
in Appendix A. As such it is considered that Members have all the information they need to
determine the case. Given the above and that the proposal has no complex or challenging
issues, and has not been the subject of any significant public representation, it is not
considered that a Hearing is required. 
COMMENT ON APPELLANT’S SUBMISSION 
The appellant’s Agent (‘the Agent’) has submitted a supporting statement. The following
comments are made in relation to their submission: 
• The Agent states that the proposed development ‘constitutes an "exceptional case"
due to the site's unique location and topographical features’. 
Comment: The development proposed by this planning application is on a greenfield
site. NPF4 Policy 9 clearly states that development proposals on greenfield sites will

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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’). Where
no such more appropriate development opportunity exists and where an applicant has
successfully demonstrated an overriding ‘exceptional case’ for that development, such
proposals are expected to accord with an ‘Area Capacity Evaluation’. 
The supporting information submitted advises that the majority of the farm work
surrounding the application site is undertaken by a farm manager, and not the
applicant. The information advises that both the applicant and the farm manager live
within 3 miles of the proposed development site. The full extent of the agricultural
holding was not disclosed until such a time as was requested by the Planning Authority;
the subsequently submitted plans indicated that the agricultural holding includes a
number of ‘Rural Opportunity Areas’ (areas less sensitive to the impacts of
development). Only very limited information was submitted regarding existing farming
practices around the proposed development site and there is no evidence to suggest
that a dwellinghouse has to be tied to this precise location and could not be facilitated
elsewhere within the wider agricultural holding. Indeed, the adopted Local
Development Plan defines ‘Locational need’ as ‘a necessity for a proposed
development to be located at or in close vicinity of the development site; ‘necessity’ in
this context means more than ‘convenience’ and should directly relate to supporting
the operations of a business and associated land or water use’. There is no suggestion
that if the dwellinghouse were to be sited in an alternative, nearby location, such as
within the adjacent ‘Rural Opportunity Areas’, that the farming activity would be
jeopardised. 
The information provided indicates that the agricultural holding covers an area of
approximately 91 hectares. The agricultural holding, under the ownership of the
applicant, includes a number of ‘Rural Opportunity Areas’. The applicant was 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 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 Planning Authority remain of the view that the
‘Rural Opportunity Areas’, both immediately adjacent to the proposed application site,
and 400 metres to the northeast of the site, could potentially present an opportunity for
the proposed development and that no convincing argument has been put forward to
discount these sites. The applicant has been strongly encouraged to investigate the
development potential of a number of sites within these areas. The ‘Rural Opportunity

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Area’ sited approximately 400 metres to the northeast of the application site is located
adjacent to the B8071 public road and features a number of existing dwellinghouses.
It is not therefore considered that this site is completely unsuitable for construction,
based on the claimed exposure to winds and it is not therefore accepted that the ‘Rural
Opportunity Areas’ are undevelopable. There has been no evidence submitted to
discount development potential of specific sites within these areas and the submitted
information does not tie the proposed development to a precise location. 
• The Agent states that whilst not formally adopted, the proposed Local Development
Plan 2 forms a material planning consideration. The site the subject of the application
is situated within the designated ‘Countryside Area’ where there is a presumption in
favour of sustainable development where this is of an appropriate scale, design, siting
and use for its countryside location. 
Comment: The proposed Local Development Plan 2 formed a material consideration
in the determination of the planning application. The site the subject of the application
is sited within the ‘Countryside Area’, where Policy 02 of the proposed Local
Development Plan 2 provides a presumption in favour of sustainable development
where this is of an appropriate scale, design, siting and use for its countryside location.
In this case, the proposed dwellinghouse would be unacceptably large in both scale
and massing, and the design would be inappropriate to the sensitive location,
incongruous with the design, character and appearance of the built development that
characterises the Isle of Coll. The siting of such a large scale dwellinghouse in this
sensitive and exposed location would be unsustainable in terms of protecting the
expansive landscapes which characterise this area of mid Coll. The siting, design and
scale of the development would appear as insensitive and intrusive in this location,
and the proposed development of this site would not therefore adhere to the
requirements of the proposed Local Development Plan 2 Policy 02. 
• The Agent states that a holistic approach is required when assessing planning
applications, and NPF4 Policies should not be isolated to justify planning decisions.
The Agent further states that there has been inadequate consideration of material
considerations. 
Comment: NPF4 Policy 9 is clear in stating 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. NPF4 Policy 14 is also clear in
stating that development proposals that are poorly designed, detrimental to the
amenity of the surrounding area or inconsistent with the six qualities of successful
places, will not be supported. In this instance, the proposed development of a
greenfield site is not supported by policies in the LDP, and the proposed design of the
development would be unacceptably large in scale and massing and insensitive in
terms of design. The application has been assessed against all relevant policies of
NPF4, the adopted Local Development Plan and the proposed Local Development
Plan 2 and is contrary to a range of key policies, as outlined above. 
• The Agent states that the proposed development would focus on sustainable
development and ecological preservation. 
Comment: No information has been submitted to suggest that the proposed
development would be sustainable, nor has any information been submitted to suggest
that the proposed development would contribute to the ecological preservation of the
area. Conversely, the proposed development site is located within an area designated

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as a Site of Special Scientific Interest. NatureScot however, advised that it is unlikely
that the integrity of the SSSI would be affected. 
• The Agent states that the proposed development would positively impact upon the
local economy and address housing needs. 
Comment: Whilst the Planning Authority is keen to support local businesses and the
reasonable aspirations of individuals, it is concluded in this case and after substantial
effort to secure additional information, the case put forward by the applicant does not
meet the ‘exceptional case’ criteria as the applicant’s need could be met from other
sites in close proximity to the proposed development site and indeed within the wider
agricultural landholding of the applicant. The proposed development does not
constitute an ‘exceptional case’. There is no locational requirement for the proposed
development to be tied to this exact location within the designated ‘Countryside Zone’
on a site that does not present any opportunities for infill, rounding-off, redevelopment
or a change of use of an existing building. Whilst the applicant has put forward an
‘exceptional case’, there is very limited established activity at this particular site within
the wider landholding to potentially underpin a locational/operational need to justify the
principle of the erection of a dwellinghouse at this specific location within the farm.
Whilst it may be preferential and beneficial for the applicant to develop this particular
site, the proposed case that has been forward by the applicant has not been backed
up by sufficient evidence, despite such evidence having been requested. Additionally,
the limited evidence provided does not suggest that the farming business would be
jeopardised if the development were to be sited elsewhere within the farm holding in a
less sensitive location.   
• The Agent states that a third party undertakes the day-to-day farm work, and that this
person lives ‘a mere three miles’ from the site the subject of this application. 
Comment: The submitted information advises that the majority of the farm work
surrounding the application site is undertaken by a farm manager, and not the
applicant. Both the applicant and the farm manager live within 3 miles of the proposed
development site. There has been no evidence to suggest that a dwellinghouse has to
be tied to this precise location and could not be facilitated elsewhere within the wider
landholding. There is no suggestion that if the dwellinghouse were to be sited in an
alternative, nearby location, that the farming activity would be jeopardised. 
• The Agent states that the two farms operated by the applicant are located two miles
apart, connected by a path. The Agent states that the farm around the application site
is fully equipped with comprehensive livestock management facilities. The Agent
further states that the proximity of the proposed development site to the existing sheep
fank and electricity supply reduces the need for extensive infrastructure development. 
Comment: There is limited built development relating to the farm within the proximity
of the proposed development site. There is a small agricultural building adjacent to the
Ballyhaugh Hebridean Centre, however it is of a very small scale. The existing small
scale agricultural building is sited within the ‘Rural Opportunity Area’. If the proposed
dwellinghouse would be functionally associated with this existing infrastructure at the
site, it is not apparent as to why the proposed dwellinghouse could not be located
closer to the existing agricultural infrastructure and thereby also within the designated
‘Rural Opportunity Area’. Despite numerous requests, neither the applicant nor the
Agent sought to provide a sufficiently detailed site options appraisal. Instead, the site
for the proposed dwellinghouse would appear as isolated and the scale would appear
as incommensurate to the landscape setting.

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• The Agent states that the proposed development site was selected so as to be away
from the long established Ballyhaugh Hebridean Centre. The Agent further states that
the location in a rocky area is ideally suited to the intended development and that the
site is accessible via an existing access track. 
Comment: The site for the proposed dwellinghouse would not relate physically or
functionally to existing buildings associated with the business. Neither would the
proposed development reflect the pattern, density, design or appearance of built
development in the wider area. Instead, the proposed development would appear as
large and obtrusive to the extent that it would detrimentally impact upon the area. It is
unclear how the rocky nature of the site would suit development and no details, such
as existing and proposed site sections, were included with the submission; it is not
therefore apparent how the development would be facilitated within the unfavourable
rocky terrain of the proposed development site. 
• The Agent states that the design of the proposed dwellinghouse has been carefully
selected to harmonise with the architectural style of the former farmhouse at
Ballyhough. The Agent states that this would allow the development to integrate into
the landscape. 
Comment: The indicative details submitted with the application show that the
proposed dwellinghouse would be unacceptable in scale and massing meaning that
the proposed dwellinghouse would appear as unduly prominent at the site,
unsympathetic to the surrounding expansive open landscape. The proposed
dwellinghouse would have a deep plan and shallow dual-pitched roof with wide dormer
windows; this would not be reflective of local architectural styles and the development
would thereby fail to integrate with the local vernacular, which is based on dwellings
with a narrow linear plan, with the massing broken down into one and a half storey and
single storey elements. The design of the proposed dwellinghouse would lack local
character and would appear as suburban and wholly inappropriate to the sensitive rural
location. 
• The Agent states that the proposal places emphasis on an energy-efficient
dwellinghouse. 
Comment: No details have been submitted to suggest how the proposed
dwellinghouse would place emphasis on energy efficiency. However, this would not be
sufficient to override the fundamental key planning policy test for the Council’s
established and adopted settlement strategy for the planned growth of Argyll and Bute
as set out within Policy LDP DM 1 as supported by NPF4 Policy 9. The proposed
development would not therefore accord with the sustainable development aims of the
Council as established within adopted key planning Policy LDP STRAT 1 which
underpins NPF4 Policy 14. 
CONCLUSION 
Section 25 of the Town and Country Planning Act 1997 (as amended) requires that all
decisions be made in accordance with the development plan unless material considerations
indicate otherwise. 
In this case, as detailed in the Report of Handling appended to this submission, the site does
not represent an appropriate opportunity for the erection of a dwellinghouse, and there has

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been no sufficient or justifiable reason for the development to overcome the concerns outlined
above. The proposed development is therefore confirmed as being contrary to National
Planning Framework 4 Policies 9, 14, 15, 16, 17, 22, and 29 and Policies LDP DM 1, LDP
STRAT 1, LDP 3, LDP 5, LDP 8, LDP 9, LDP 10 and LDP 11 and Supplementary Guidance
SG LDP ENV 14, SG LDP ACE 1, SG LDP BUS 5, SG LDP HOU 1 and SG LDP SERV 6 of
the Argyll and Bute Local Development Plan 2015. 
Taking account of the above, it is respectfully submitted that the application for Review be
dismissed.

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APPENDIX A – REPORT OF HANDLING 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 22/02078/PPP
Planning Hierarchy: Local Development 
Applicant: Mr Allan  Brodie
Proposal: Site for the erection of dwellinghouse to be used in association with
farming business
Site Address:  Land North Of Ballyhough Outdoor Centre, Isle of Coll    
DECISION ROUTE 
☒Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☐Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Site for the erection of dwellinghouse 
• Formation of access track 
• Connection to private water supply
• Installation of private drainage system 
(ii) Other specified operations
• None 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission in principle be refused for the reasons
appended to this report. 
(C) CONSULTATIONS:   
West of Scotland Archaeology Service
Email dated 16.12.2022 commenting on the application and advising of no objections
subject to conditions. 
Area Roads Authority
Report dated 14.11.2022 advising of no objections subject to conditions.

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Scottish Water
Letter dated 14.11.2022 commenting on the application to advise that there is no
Scottish Water infrastructure or Scottish Water waste water infrastructure within the
vicinity of the proposed development site. 
NatureScot
Letter dated 17.02.2023 commenting on the application. 
Animal Health and Welfare Officer
Email dated 14.12.2022 supporting the application on the basis of operational need. 
Development Plan Policy
No response at time of report and no request for an extension of time. 
The above represents a summary of the issues raised.  Full details of the consultation
responses are available to view via the Public Access section of the Council’s
website.   
(D) HISTORY:   
22/00595/PPP
Site for the erection of dwellinghouse
Refused on 18.08.2022 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 25.07.2023. 
(F) REPRESENTATIONS:   
(i) Representations received from: 
No representations received. 
(ii) Summary of issues raised: 
• N/A 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No  
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No  
(iii) A Design or Design/Access statement:    ☒Yes ☐No

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The application has
been submitted with a
Planning Statement.  
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐Yes ☒No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No    
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
Productive Places
NPF4 Policy 29 – Rural Development

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‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our
Environment 
LDP 5 –Supporting the Sustainable Growth of our Economy 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
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 ENV 14 – Landscape
SG LDP ACE 1 – Area Capacity Evaluation (ACE) 
Historic Environment and Archaeology 
SG LDP ENV 20 – Impact on Sites of Archaeological Importance 
Support for Business & Industry: General 
SG LDP BUS 5 – Economically Fragile Areas 
General Housing Development 
SG LDP HOU 1 – General Housing Development Including Affordable Housing
Provision 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New
Development
SG LDP SERV 6 – Private Water Supplies and Water Conservation
SG LDP SERV 9 – Safeguarding Better Quality Agricultural Land 
Addressing Climate Change 
SG LDP Sust Check – Sustainability Checklist

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Transport (Including Core Paths) 
SG LDP TRAN 2 – Development and Public Transport Accessibility
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 6 – Vehicle Parking Provision 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. 
• Consultation Reponses
• Planning History
• Argyll and Bute Sustainable Design Guidance, 2006
• Isle of Coll Sustainable Design Guide 
• ABC Technical Note – Biodiversity (Feb 2017)
• ABC draft Technical Note – Argyll and Bute Windows (April 2018)  
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
Policy 21 – Sites of Archaeological Importance 
Diverse and Sustainable Economy 
Policy 22 – Economic Development 
Connected Places 
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities

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Policy 58 – Private Water Supplies and Water Conservation
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 75 – Development Impact of Sites on Sites of Special Scientific Interest
(SSSIs)
Policy 79 – Protection of Soil and Peat Resources
Policy 83 – Safeguarding Agricultural and Croft Land 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No    
(P)(i) Key Constraints/Designations Affected by the Development:
•  Totamore Dunes and Loch Ballyhaugh Site of Special Scientific Interest 
(P)(ii) Soils
Agricultural Land Classification:  Unclassified Land
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒Class 5
☐N/A
Peat Depth Classification: 1 metre  
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

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Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
☒N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  ☐Brownfield
☐Brownfield Reclaimed by Nature
☒Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 
☐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 
☐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 
Planning permission in principle is sought for the erection of a dwellinghouse on a
plot of land to the north of Ballyhaugh, Isle of Coll. 
The application site comprises an area of undeveloped and open land. The site is
located to the north of the long established Ballyhaugh Hebridean Centre and is
accessed via a private unmade track spurring from the public B8071 road. The
surrounding area is rural and undeveloped in character. 
An application for planning permission in principle at the site (our reference
22/00595/PPP) was refused in August 2022. The application related to planning
permission in principle for the erection of a dwellinghouse, and was refused as the
site the subject of the application was within the ‘Countryside Zone’ as designated
within the adopted Local Development Plan. The proposed development did not
represent an appropriate opportunity for infill, rounding-off, redevelopment or the
change of use of an existing building, nor was there an ‘exceptional case’. This
current application now seeks consent for planning permission in principle for a
dwellinghouse at the same site. The application has now been submitted with an
‘exceptional case’ relating to the need for the development to support an agricultural
business. 
This application is seeking planning permission in principle for a single
dwellinghouse. The application has been submitted with indicative details of the
proposed dwelling, including its siting within the plot, and indicative design details.

Page 16

The purpose of this application is to establish the principle of development with the
matters of layout and design to be addressed by way of future application(s) for
approval of matters specified in conditions. 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it
requires to be applied together with other policies in NPF4. Guidance from the
Scottish Government advises that it is for the decision maker to determine whether
the significant weight to be applied tips the balance in favour for, or against a
proposal on the basis of its positive or negative contribution to climate and nature
crises.   
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to
minimise lifecycle greenhouse gas emissions as far as possible, and that proposals
will be sited and designed to adapt to current and future risks from climate change.
Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The emphasis
is on minimising emissions as far as possible, rather than eliminating emissions. It is
noted that the provisions of the Settlement Strategy set out within Policy LDP DM 1
of the LDP promotes sustainable levels of growth by steering significant development
to our Main Towns and Settlements, rural growth is supported through identification
of Key Rural Settlements and safeguards more sensitive and vulnerable areas within
its various countryside designations. 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver
positive effects from development and strengthen nature networks. 
In the case of the development proposed by this application, it is considered that
there are no issues of compliance with Policy 3. No material biodiversity impacts
have been identified in the assessment of this application by the Planning Authority
and whilst no specific proposals for biodiversity improvements have been submitted
it is considered that adequate and proportionate measures for biodiversity
enhancement and protection could be secured via planning condition in the event
that planning permission in principle were to be granted. The proposed development
is therefore considered to be in compliance with NPF4 Policy 3 as underpinned by
Local Development Plan Policy LDP 3, supplementary guidance SG LDP ENV 1, and
Policy 73 of the proposed Local Development Plan 2. 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best
use of nature-based solutions. 
The application site lies within the Totamore Dunes and Loch Ballyhaugh Site of
Special Scientific Interest, designated for its extensive dune and machair system and
vascular plant assemblage. NatureScot have been consulted on the application and
have stated that there are natural heritage interests of national importance on the
site, but these will not be affected by the proposal. The development site is located
outside of the key machair and dune habitat in an area that is considered important,
principally for the nationally-rare orchid, Irish lady’s tresses (Spiranthes
romanzoffiana). This plant’s preferred habitat is wet grassy places such as marshy
meadows. The development site is not the preferred habitat and the records from
NatureScot do not show any sightings closer than 50m from the proposed
development site, therefore it is unlikely that the integrity of the Site of Special
Scientific Interest would be affected by the proposed development. In the event that
planning permission in principle were to be granted, a suitable condition could be
attached to ensure that the storage of all building materials and associated
equipment were to be within the boundary of the application site, thereby ensuring

Page 17

any disturbance would be contained within the plot boundary. The proposed
development is considered to be in accordance with NPF4 Policy 4 as underpinned
by Local Development Plan Policy LDP 3, supplementary guidance SG LDP ENV 1
and SG LDP ENV 4, and Policy 75 of the proposed Local Development Plan 2. 
NPF4 Policy 5 seeks to protect carbon-rich soils, to restore peatlands and to
minimise disturbance to soils from development. 
The development proposed by the current planning application seeks to develop an
area of rough undeveloped ground. Whilst no evidence has been submitted by the
applicant to suggest that the site would avoid the better quality agricultural land within
the holding, the site itself has no agricultural land classification and is not within an
identified area of peatland, carbon-rich soils or priority peatland habitat. The
development proposed is therefore considered to be in accordance with NPF4 Policy
5 as underpinned by Local Development Plan Policy LDP 3, supplementary guidance
SG LDP ENV 11 and SG LDP SERV 9, and Policies 79 and 83 of the proposed Local
Development Plan 2. 
NPF4 Policy 7 seeks to protect and enhance historic environment assets and places,
and to enable positive change as a catalyst for the regeneration of places. 
The site the subject of the application lies within an area of archaeological sensitivity,
with the potential for the site to feature buried archaeological remains. Additionally,
the sites lies approximately 250 metres to the east of, and in full view from, An
Caisteal, a prehistoric fort. The consultation response received from the West of
Scotland Archaeology Service advises that the proposal would have a minor
detrimental impact upon its landscape setting, however the prehistoric fort does not
form a Scheduled Ancient Monument. The consultation response further states that
the proposed development is of such a scale that ground disturbance could reveal
buried archaeological remains. In the case of this application, a suitable condition
could be attached to secure an archaeological watching brief in the event that
planning permission in principle were to be granted. In this regard, the development
would adhere to the requirements of NPF4 Policy 7(o) as underpinned by LDP Policy
LDP 9, supplementary guidance SG LDP ENV 20, and Policy 21 of the proposed
Local Development Plan 2, which seek to protect and preserve non-designated
historic environment assets, places and their setting. 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield,
vacant and derelict land and empty buildings, and to help reduce the need for
greenfield development. 
The development proposed by this planning application is on a greenfield site. The
site is located within the ‘Countryside Zone’ as designated within the Local
Development Plan, 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
the case of this application, 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

Page 18

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’). Where no such more appropriate development opportunity exists and where
an applicant has successfully demonstrated an overriding ‘exceptional case’ for that
development, such proposals are expected to accord with an ‘Area Capacity
Evaluation’. 
SG LDP ACE 1 states that “The ‘exceptional case’ required to justify carrying out of
an ACE is in all circumstances, either; the demonstration of a locational and/or
operational need tied to a precise location which is agreed with and acceptable to
the council, or; demonstration of an overriding economic or community benefit which
outweighs other policies of the Local Development Plan and is agreed with and
acceptable to the council.” In order for a development to qualify as an exceptional
case, the following principles can be applied: 
• Exceptional cases should be fairly rare occurrences and should not become
a matter of routine; 
• Exceptional cases should be supported with a business development
plan/reasoned statement of justification; 
• Specific locational requirement – i.e. if it’s not there, then it can’t happen
anywhere else; 
• Or that it directly supports an existing business whose continued operation
would be jeopardised without the proposed development. 
The application site is a prominent area of open and gently undulating land slightly
elevated above the Ballyhaugh Hebridean Centre. The site is located in mid Coll,
which is characterised by open landscapes. There are long views across the
distinctive open landscape and the existing settlement pattern is sparse. The Isle of
Coll Landscape Capacity for New Housing Report states that the existing built
development at Ballyhaugh acts as a point feature, where its scale suits the open
landscape in which it sits. The landscape study does not recognise the site the
subject of the current application as one within which there is capacity for new
residential development and it is considered that the introduction of a dwelling within
this location would not be cohesive with the landscape or settlement pattern and
would not integrate with the character of the surrounding area. The dwelling would
appear as unduly prominent and would therefore have a significant adverse impact
upon the setting, and would unacceptably alter the existing settlement density of the
area. 
The applicant has put forward a justification for the proposed development in an
attempt to justify that this application represents an appropriate ‘exceptional case’
based on a locational/operational need for the development to be located upon this
greenfield site within the designated ‘Countryside Zone’. This justification is
summarised as follows: 
• The proposed development of the site with a dwellinghouse is required by the
applicant based on a locational/operational need; 
• The applicant and the farm manager live two and three miles away from the
application site at Ballyhaugh respectively. The farm at Ballyhaugh is

Page 19

currently run as a satellite farm to Ballard Farm, which is sited two miles away
from the application site; 
• The applicant requires the dwellinghouse to support the agricultural activity
at the site, which comprises breeding sheep and cattle, on the 91 hectare
site.  The accommodation is required to support the agricultural activity at the
site and address the lack of any available nearby housing. 
The Council’s Animal Health and Welfare Officer has been consulted on the
application. The submitted Labour Report has been assessed and the consultation
response supports the application on the basis of operational need. The Council’s
Animal Health and Welfare Officer makes reference to the current farmer
approaching retirement age and their association with an existing substantial farm, 
which is stated to make sufficient demands on his time. Whilst this is acknowledged,
it is noted within the supporting information submitted by the applicant that the
majority of the farm work surrounding the application site is undertaken by a farm
manager, and not the applicant. The response from the Council’s Animal Health and
Welfare Officer, in this case, does not acknowledge that both the applicant and the
farm manager live within 3 miles of the proposed development site, nor is it
acknowledged that there may be other suitable sites for development within the
landholding. Whilst the application is supported by the Council’s Animal Health and
Welfare Officer on the basis of operational need, there is no suggestion that the
dwellinghouse associated with the farm has to be tied to this precise location, and
could not be facilitated elsewhere within the landholding. There is also no suggestion
that if the dwelling were to be sited in an alternative, nearby location, that the farming
activity would be jeopardised. 
In consideration of the claim of an exceptional case based upon a
locational/operational need, the evidence submitted is somewhat vague. The
information provided with the application indicates that the agricultural holding covers
an area of approximately 91 hectares, with both the applicant and the farm manager
living within three miles of the proposed development site. The agricultural holding,
under the ownership of the applicant, includes a number of ‘Rural Opportunity Areas’.
The applicant has been advised that there are other potential sites within the wider
agricultural holding which would avoid the more sensitive ‘Countryside Zone’, such
as within the designated ‘Rural Opportunity Areas’, including immediately to the
south and west of the site, and approximately 400 metres to the northeast. The
applicant has discounted these sites for the following stated reason: 
• The area would not be suitable for construction due to its exposure to harsh
northerly and easterly winter winds. The site’s elevated position would
exacerbate this issue. 
Notwithstanding this, the Planning Authority remain of the view that the ‘Rural
Opportunity Areas’, both immediately adjacent to the proposed application site, and
400 metres to the northeast of the site, could potentially present an opportunity for
the proposed development and that no convincing argument has been put forward
to discount these sites. The applicant has been strongly encouraged to investigate
development potential of a number of sites within these areas. The ‘Rural Opportunity
Area’ sited approximately 400 metres to the northeast of the application site is
located adjacent to the B8071 public road and features a number of existing
dwellinghouses. It is not therefore considered that this site is completely unsuitable
for construction, based on the claimed exposure to winds. It is not therefore accepted
that the ‘Rural Opportunity Areas’ are undevelopable. There has been no evidence
submitted to discount development potential of specific sites within these areas.

Page 20

Whilst the Planning Authority is keen to support local businesses and the reasonable
aspirations of individuals, it is concluded in this case and after substantial effort to
secure additional information, the case put forward by the applicant does not meet
the ‘exceptional case’ criteria as the applicant’s need could be met from other sites
in close proximity to the proposed development site and indeed within the wider
agricultural landholding of the applicant. The proposed development does not
constitute an ‘exceptional case’. There is no locational requirement for the proposed
development to be sited within the designated ‘Countryside Zone’ on a site that does
not present any opportunities for infill, rounding-off, redevelopment or a change of
use of an existing building. Whilst the applicant has put forward an ‘exceptional case’,
there is very limited established activity at this particular site within the wider
landholding to potentially underpin a locational/operational need to justify the
principle of the erection of a dwellinghouse at this specific location within the farm.
Whilst it may be preferential and beneficial for the applicant to develop this particular
site, the proposed case that has been forward by the applicant has not been backed
up by sufficient evidence, despite such evidence having been requested.
Additionally, the limited evidence provided does not suggest that the farming
business would be jeopardised if the development were to be sited elsewhere within
the farm holding in a less sensitive location.   
The proposed site does not present any opportunities for small scale development
on appropriate infill, rounding off and redevelopment sites and changes of use of
existing buildings. The proposed development does not constitute an ‘exceptional
case’ which would warrant the undertaking of an Area Capacity Evaluation which
could potentially allow the Planning Authority to support development on appropriate
sites where the development accords with the Area Capacity Evaluation. 
With regard to the proposed Local Development Plan 2, the application site is located
within an area designated as ‘Countryside Area’ where there is a presumption in
favour of sustainable development where this is of an appropriate scale, design,
siting and use for its countryside location. In the case of this application, the indicative
scale and design of the proposed dwelling would be incongruous with the design,
character and appearance of the built development that characterises the Isle of Coll.
Moreover, the siting of such a large scale dwelling in this sensitive and exposed
location would be unsustainable in terms of protecting the expansive landscapes
which characterise this area of mid Coll. The siting, design and scale of the
development would appear as insensitive and intrusive in this location, and the
proposed development of this site would not therefore adhere to the requirements of
the proposed Local Development Plan 2 Policy 02. 
As outlined above, the proposed development, on a greenfield site, would be contrary
to NPF4 Policy 9(b), which requires development proposals on greenfield sites to be
explicitly supported by policies in the Local Development Plan. The development
would thereby fail to achieve the policy outcome aims which require development to
be sited within an appropriate location to maximise the use of existing assets and
minimise additional land take. 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is
consistent with the waste hierarchy as defined within the policy document. 
The development the subject of this planning application seeks planning permission
in principle for the erection of a single dwellinghouse. This is a development likely to
generate waste when operational. Whilst no details have been provided regarding
the proposed management of waste from the site, such details could be secured via

Page 21

condition in the event that planning permission in principle were to be granted. In this
regard, the proposed development is considered to be in compliance with NPF4
Policy 12(c) as underpinned by LDP Policy LDP 10, supplementary guidance SG
LDP SERV 5(b), and Policy 63 of the proposed Local Development Plan 2. 
NPF4 Policy 13 seeks to encourage, promote and facilitate developments that
prioritise walking, wheeling, cycling and public transport for everyday travel and
reduce the need to travel unsustainably. 
The development the subject of this planning application seeks to establish the
principle of a new single dwellinghouse.  The application proposes to construct a new
private access track connecting to the existing private access track spurring from the
B8071 public road. The Area Roads Authority have been consulted on the application
and raised no objections to the proposed development subject to conditions
regarding the upgrade of the access at the junction with the public road, the
clearance and maintenance of visibility splays, the provision of a system or surface
water drainage, the provision of a parking and turning area, and the provision of a
bin store area. Subject to such details being secured via condition in the event that
planning permission in principle were to be granted, the proposal is compliant with
the terms of NPF4 Policy 13 as underpinned by Local Development Plan Policy LDP
11, supplementary guidance SG LDP TRAN 2, SG LDP TRAN 4 and SG LDP TRAN
6, and the relevant policies of the proposed Local Development Plan 2, which
collectively seek to ensure that developments are served by a safe means of
vehicular access and have an appropriate parking and turning area within the site. 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the ‘Place Principle’. 
NPF4 Policy 14(c) states that development proposals that are poorly designed,
detrimental to the amenity of the surrounding area or inconsistent with the six
qualities of successful place will not be supported. In this instance, whilst the
application is seeking planning permission in principle, indicative details of the siting
and design of the dwelling have been submitted. As per the indicative plans, the
proposed dwelling would have a large footprint, covering an area of approximately
156 square metres. The large massing of the dwelling would appear as unduly
prominent at the site, unsympathetic to the surrounding expansive open landscape.
The development would therefore have a significant impact upon the setting, being
a large property that would impact upon the existing property at Ballyhaugh and the
surrounding landscape. The massing of the proposed development is also
considered to be inappropriate; the dwelling would have a deep plan and shallow
dual-pitched roof with wide dormer windows. This would further exacerbate the
adverse impact upon the setting of the proposed development site. The development
would fail to integrate with the local vernacular, which is based on dwellings with a
narrow linear plan, with the massing broken down into one and a half storey and
single storey elements. The proposed dormer windows upon the principal elevation
would be over scaled and would dominate the roof of which they would form a part
of. The indicative design of the proposed dwelling would lack local character and in
this regard would appear as suburban and inappropriate to the rural location. Whilst
it is acknowledged that the exact details of the design of the proposed dwellinghouse
could be secured via condition, to be addressed by way of future application(s) for
approval of matters specified in conditions, the inappropriate design indicates that
there has been insufficient regard to the character and appearance of the immediate
and wider surroundings of the application site.

Page 22

In addition to the above, however, it is important to note that the impact of the
proposed development upon the landscape and character of the surrounding area is
not the sole determining factor in the consideration of this application. Regardless of
any interpretation of the impact of the proposed development upon the landscape,
the development does not meet the fundamental key planning policy test for the
Council’s established and adopted settlement strategy for the planned growth of
Argyll and Bute as set out within Policy LDP DM 1. Neither, therefore, does the
proposed development accord with the sustainable development aims of the Council
as established within adopted key planning Policy LDP STRAT 1 which underpins
NPF4 Policy 14. 
The proposed development fails to pay regard to the wider surroundings of the site
in terms of connectivity, the existing character, scale and density, and views. The
site is open and exposed and the proposed development would be incompatible with
the existing character of the area, and is therefore contrary to Policies 05, 08, 09 and
10 of the proposed Local Development Plan 2. 
NPF4 Policy 15 seeks to encourage, promote and facilitate the application of the
Place Principle and create connected and compact neighbourhoods where people
can meet the majority of their daily needs within a reasonable distance of their home. 
In terms of the adopted settlement strategy, the site of the proposed development is
within the ‘Countryside Zone’ where LDP Policies LDP STRAT 1 and LDP DM 1 give
encouragement only to small scale development on appropriate infill, rounding-off,
redevelopment sites, or changes of use of existing buildings. The proposed
development site would fail to respect the existing established settlement pattern and
in this regard the development would fail to connect with any existing neighbourhood
or settlement. The proposal would therefore fail to meet the requirements of NPF4
Policy 15 as underpinned by the settlement strategy policy contained within Policies
LDP DM 1, LDP 8, LDP 10 and LDP 11 of the Local Development Plan. 
NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable homes in the right locations and providing choice
of tenure to meet diverse housing needs. 
NPF4 Policy 16(f) states that development proposals for new homes on land not
allocated for housing in the LDP will only be supported in limited circumstances
where: 
i) the proposal is supported by an agreed timescale for build-out; and 
ii) the proposal is otherwise consistent with the plan spatial strategy and
other relevant policies including local living and 20 minute
neighbourhoods 
iii) and either: 
• delivery of sites is happening earlier than identified in the deliverable housing
land pipeline. This will be determined by reference to two consecutive years
of the Housing Land Audit evidencing substantial delivery earlier than pipeline
timescales and that general trend being sustained; or 
• the proposal is consistent with policy on rural homes; or

Page 23

• the proposal is for smaller scale opportunities within an existing settlement
boundary; or 
• the proposal is for the delivery of less than 50 affordable homes as part of a
local authority supported affordable housing plan. 
In the case of this application, whilst the timescale for build-out could be secured via
condition to be addressed by way of future application(s) for approval of matters
specified in conditions, the application site is not consistent with the local
development plan spatial strategy or other relevant policies. The development of the
site the subject of this application is directly contrary to the local development plan
spatial strategy. The proposed development is therefore considered to be
inconsistent with NPF4 Policy 16 as underpinned by Local Development Plan
Policies LDP DM 1 and LDP 8 and supplementary guidance SG LDP HOU 1. 
NPF4 Policy 17 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable rural homes in the right locations. 
The development the subject of this planning application is located within a defined
‘remote rural area’ where Policy 17(c) offers support only where such proposals: 
i. Support and sustain existing fragile communities; 
ii. Support identified local housing outcomes; and 
iii. Are suitable in terms of location, access and environmental impact. 
The proposed development seeks planning permission in principle for a single
dwellinghouse. It is acknowledged that the proposed development would contribute
to housing for the existing local community, however there has been no overriding
evidence to suggest that the dwelling could not be sited elsewhere within the
applicant’s wider agricultural holding in less sensitive and more sustainable
locations. Nor has there been any evidence provided to suggest that if the dwelling
were to be sited elsewhere, the existing farming activity would be jeopardised. It is
not therefore considered that the proposed development would offer any overriding
opportunity to sustain the existing community. In addition, as outlined above, the
siting of the development is considered unsustainable due to its prominent location
and the resulting impact upon the sensitive and vulnerable isolated landscape. The
proposed development would therefore be contrary to the aims of NPF4 Policy 17 as
underpinned by Local Development Plan Policy LDP DM 1. 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first
approach to land use planning. 
The development the subject of this planning application proposes a private drainage
system and connection to the public water supply network. As the application is
seeking planning permission in principle, only indicative details of the proposed
drainage arrangements have been submitted with the application, with these being
subject of approval through a further planning application(s). With a condition to
secure the details of the proposed private drainage system, the proposal is
considered to be consistent with the broad aims of NPF4 Policy 18 as underpinned
by Local Development Plan Policies LDP 11, supplementary guidance SG LDP
SERV 1, and Policy 60 of the proposed Local Development Plan 2.

Page 24

NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water
resources are used efficiently and sustainably. 
The development the subject of this planning application proposes connection to the
public water supply network. Scottish Water have been consulted on the application
and have stated that whilst there is no objection to the application, there is no public
Scottish Water water infrastructure within the vicinity of the proposed development
site. The applicant has not demonstrated that water for drinking water purposes will
be sourced from a sustainable water source that is resilient to periods of water
scarcity. In this regard, the proposal would directly fail to meet the requirements of
NPF4 Policy 22 as underpinned by LPD Policies LDP 10 and LDP 11, supplementary
guidance SG LDP SERV 6, and Policy 58 of the proposed Local Development Plan
2, which seek to ensure the efficient and sustainable use of water resources. 
NPF4 Policy 29 seeks to encourage rural economic activity, innovation and
diversification whilst ensuring that the distinctive character of the rural area and the
service function of small towns, natural assets and cultural heritage are safeguarded
and enhanced. 
NPF4 Policy 29(a) offers support to development proposals that contribute to the
viability, sustainability and diversity of rural communities and the local rural economy.
This includes support for farms, crofts and other land use businesses. However,
NPF4 Policy 29 also requires such developments to accord with the spatial strategy
outlined within the local development plan. In the case of this application, whilst the
siting of a dwellinghouse at the application site may be preferential and beneficial for
the applicant, the ‘exceptional case’ presented does not provide sufficient evidence
to support an overriding locational need to have the development at this specific site.
The development would therefore fail to comply with this aspect of NPF4 Policy 29. 
With regard to NPF4 Policy 29(c), development proposals in remote rural areas,
where new development can often help to sustain fragile communities, will be
supported where the proposal: 
i. will support local employment; 
ii. supports and sustains existing communities, for example through
provision of digital infrastructure; and 
iii. is suitable in terms of location, access, siting, design and environmental
impact 
In the case of this application, it is acknowledged that the siting of a dwellinghouse
at the application site may be preferential and beneficial for the applicant to support
the existing agricultural activity. However, there is insufficient supporting justification
to suggest that the development is required in this exact location. In this regard, the
contribution of the proposed development to supporting local employment and the
existing community would appear to be limited. The information provided with the
application advises that those associated with the agricultural business live no more
than 3 miles from the proposed development site. Notwithstanding this, discussions
have been undertaken with the applicant in an attempt to find alternative provision
for the siting of a dwellinghouse within reasonable proximity to the claimed
agricultural activity. The suggested development sites are in locations within the
applicant’s ownership and on sites that would accord with the adopted settlement
strategy. However, in response to such requests for considerations of alternative
sites for the proposed development, there has been minimal analysis of other

Page 25

potential development sites, with the applicant stating that all other sites would be
unsuitable for development due to their exposure. This is disputed as at least one of
the potential development areas features a number of existing dwellinghouses. 
As previously outlined, the proposed development site is unsuitable in terms of
location due its undeveloped nature and its sensitivity to inappropriate development
that would fail to protect or conserve the important landscape characteristics of the
wider area. The proposed development would not therefore adhere to the
requirements of NPF4 Policy 29 as underpinned by Local Development Plan Policies
LDP 3, LDP 5, LDP 8 and LDP 9, supplementary guidance SG LDP BUS 5, and
Policy 22 of the proposed Local Development Plan 2.   
Notwithstanding the above requirements of NPF4 Policy 29, this application for
planning permission in principle for the development of the site with the erection of a
dwellinghouse and associate services would represent an inappropriate form of
development within the ‘Countryside Zone’ designation which would be detrimental
to the character and appearance of the wider landscape and contrary to the policies
set out within the National Planning Framework 4 and the adopted Local
Development Plan and associated supplementary guidance.   
There is sufficient alignment in the assessment of the proposal against both
provisions of the current Local Development Plan and the Proposed Local
Development Plan 2 (as modified) that a decision can be made under the current
development plan without giving rise to fundamental conflict with PLDP2 (as
modified). 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
See reasons for refusal set out below. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Emma Shaw Date: 07.09.2023 
Reviewing Officer: Tim Williams Date: 12.09.2023 
Fergus Murray
Head of Development & Economic Growth