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Consider Notice of Review Request: Eilean Loch Oscair, Off Isle of Lismore (Ref: 23/0006/Lrb)

Argyll and Bute Council · 15 November 2023
Back to Argyll and Bute Local Review Body — 15 November 2023 and its agenda

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RESPONSE TO REQUEST FOR FURTHER
INFORMATION 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
23/0006/LRB 
REFUSAL OF PLANNING PERMISSION FOR
ERECTION OF SHORT-TERM HOLIDAY LET
ACCOMMODATION, OUTBUILDING AND PONTOON
AND INSTALLATION OF SEWAGE TREATMENT
PLANT – PLANNING APPLICATION REFERENCE
22/02100/PP 
EILEAN LOCH OSCAIR, ISLE OF LISMORE

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INFORMATION REQUIRED 
Appropriate conditions and reasons to attach to any consent in the event that Members of the
LRB were minded to approve the application. 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/02100/PP 
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 18.10.2022, supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Proposed Site
Plan (1:500)
PL_008  A 21.12.2022
Proposed Site
Plan
PL_002 B 21.12.2022
Proposed Location
Plan
PL_001 B 21.12.2022
Proposed
Elevations (+
Outbuilding
Elevations) 
PL_005  A 07.11.2022
Proposed Sections
(+ Outbuilding
Sections) 
PL_004  A 07.11.2022
Proposed Plan PL_003  19.10.2022
Proposed Pontoon
Drawings 
PL_006   19.10.2022
Design Statement
Part 1 (Pages 1-8) 
19.10.2022
Design Statement
Part 2 (Pages 1-8)  
19.10.2022 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. Sustainable Drainage System 
Notwithstanding the provisions of Condition 1, the development shall incorporate a
surface water drainage system which is consistent with the principles of Sustainable
urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753. The requisite surface water drainage shall be operational prior to the
development being brought into use and shall be maintained as such thereafter.

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Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
Note to Applicant: 
 Further advice on SuDS can be found in SEPA’s Standing Advice for Small
Scale Development – www.sepa.org.uk.  
3. Landscaping 
No development shall commence until a scheme of boundary treatment, surface
treatment and landscaping has been submitted to and approved by the Planning
Authority. The scheme shall include details of: 
i) Location, design and materials of proposed walls, fences and gates; 
ii) Surface treatment of proposed means of access and hardstanding
areas; 
iii) Any proposed re-contouring of the site by means of existing and
proposed ground levels; 
iv) Proposed hard and soft landscape works; and 
v) A biodiversity statement demonstrating how the proposal will contribute
to conservation/restoration/enhancement of biodiversity, and how
these benefits will be maintained for the lifetime of the development. 
The development shall not be occupied until such time as the physical biodiversity
enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and
insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and
any re-contouring works have been completed in accordance with the duly approved
scheme. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity.

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4. PP – General Restriction of Use 
Notwithstanding the provisions of Condition 1, the outbuilding hereby approved shall
be used solely for purposes incidental to the enjoyment of the residential
accommodation and shall not be used for any business or commercial purposes. 
Reason: To define the scope of the permission and protect the amenity of the area.  
5. PP – Short Term Residential Accommodation 
Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall
be used for short term holiday occupancy only and not as a main residence and shall
not be occupied by any family, group or individual for a cumulative period of more than
three calendar months in any one year. A register showing dates of arrivals and
departures shall be maintained at the premises and shall be available at all reasonable
times for inspection by the Planning Authority. 
Reason: In order to define the permitted occupancy having regard to the fact that the
premises are unsuitable for occupation as a permanent dwelling. 
Note to Applicant: 
 For the avoidance of doubt this permission only provides for the occupation of
the premises on a short term basis on the grounds that the development is
unsuited to full time residential occupation. Specifically the occupation of the
premises as a dwelling shall require the benefit of a separate planning
permission.  
6.  PP – Submission of Details of Materials 
Notwithstanding the effect of Condition 1, no development shall commence until
written details of the type and colour of materials to be used in the construction of the
external walls and roof coverings have been submitted to and approved in writing by
the Planning Authority. The development shall thereafter be completed using the
approved materials or such alternatives as may be agreed in writing with the Planning
Authority. 
Reason: In order to integrate the development into its surroundings.  
7.  PP – Compliance with FRA recommendations 
Notwithstanding the provisions of Condition 1, the development shall be sited on
existing ground levels above 5.78mAOD. The development shall be implemented
wholly in accordance with the recommendations set out in the Flood Risk Assessment
submitted in support of the development. 
Reason: In order to ensure appropriate mitigation for flood risk. 
8.  PP – Private Water Supply

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No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved in writing by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist and shall include a risk
assessment having regard to the requirements of Schedule 4 of the Private Water
Supplies (Scotland) Regulations 2006 which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
supply in the vicinity of the development, or any other person utilising the same source
or supply, shall not be compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational. 
Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
Note to Applicant: 
 Regulatory requirements for private water supplies should be discussed with
the Council’s Environmental Health Officers in the first instance.  
9. PP – Implement/Operate Development in Accordance with Identified Mitigation
Measures 
Notwithstanding the provisions of Condition 1, the development shall be undertaken
in accordance with the mitigation measures set out in the document titled ‘P23099
Eilean Loch Oscair Development: Review of Construction Notes for Harbour Seal
Mitigation’. 
Reason: In order to protect natural heritage assets in the interest of nature
conservation. 
Note to Applicant: 
 Regard should be had to NatureScot’s consultation comments in relation to the
proposed development which provide further detail in respect of
species/habitats which may be affected and the developer’s responsibilities
and obligations under nature conservation legislation.  
10.  PP – Waste Management Plan – Operational Phase 
The development hereby approved shall not be brought into use until a Waste
Management Plan for the development has been submitted to and approved in writing
by the Planning Authority. This shall provide details of the proposed arrangements for

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the storage, segregation, collection and recycling of waste arising within the site,
including the location, access and maintenance for on-site storage facilities. The
requirements of the plan shall be implemented during the life of the development other
than in the event of any revision thereof being approved in writing by the Planning
Authority. 
Reason: In order to accord with the principles of sustainable waste management.