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230006 (02100) LRB Statement of Case

Argyll and Bute Council · 5 October 2023
Back to Argyll and Bute Local Review Body — 5 October 2023 and its agenda

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STATEMENT OF CASE 
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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STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr A
MacGillivray (“the appellant”). 
Planning permission 22/02100/PP for the erection of short-term holiday let accommodation,
outbuilding and pontoon and installation of sewage treatment plant at Eilean Loch Oscair, Isle of
Lismore, Argyll and Bute (“the appeal site”) was refused by the Planning Service under delegated
powers on the 18th July 2023. 
This decision is the subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The application site, Eilean Loch Oscair, is a small island located approximately 250 metres off
the northwest coast of Lismore within Loch Linnhe. The proposed development site comprises an
area of land towards the southern end of the island, extending from the west coast to the east
coast of the island. The application site, and the wider surroundings, form an uninhabited and
undeveloped island comprising rough grassland with a rocky foreshore. 
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 ‘Very
Sensitive 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 only specific categories of development on appropriate sites, relating
to proposals for renewable energy, telecommunications, agriculture, aquaculture, or
nature conservation. 
 Notwithstanding the above, whether the development is considered to be materially
harmful to the landscape character and qualities of the area, the importance of which is
acknowledged by the designation of the site as part of a wider National Scenic Area and
is, therefore, contrary to National Planning Framework 4 Policy 4 as underpinned by Local
Development Plan Policies LDP 3 and LDP 9, supplementary guidance SG LDP ENV 14,
and Policies 04 and 70 of the proposed Local Development Plan 2.

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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: 
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 ‘Very Sensitive
Countryside Zone’ as designated in the adopted Local Development Plan and within the ‘Remote
Countryside Area’ as designated in the proposed Local Development Plan 2, where support is
given to only specific categories of development on appropriate sites. These comprise renewable
energy related development; telecommunication related development; and development which
would directly support agricultural, aquaculture, nature conservation or other established activity.
The proposed short-term holiday letting dwellinghouse would not relate to any of the above
categories of development. 
Secondly, the proposed development would be sited on a small undeveloped and uninhabited
island and would be materially harmful to the landscape character and qualities of the area, the
importance of which is acknowledged by the designation of the site as part of a wider National
Scenic Area. The proposed development would be in direct conflict with National Planning
Framework Policy 4 which states that development proposals that will affect a National Scenic
Area will only be supported where the objectives of the designation and the overall integrity of the
area will not be compromised, or any significant adverse effects on the qualities for which the
area has been designated are clearly outweighed by social, environmental or economic benefits
of national importance. In this case, the scale, siting and nature of the proposed development will
be materially harmful to the designated qualities of the area and its overall integrity and this harm
is not clearly outweighed by any social, environmental or economic benefit, and certainly not of
‘national importance’. The proposed development is therefore in conflict with NPF4 Policy 4 as
underpinned by Local Development Plan Policies LDP 3 and LDP 9, supplementary guidance SG
LDP ENV 14, and Policies 04 and 70 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:

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 The Agent states that ‘It is accepted that the development will have a visual impact on the
Lynn of Lorn National Scenic Area. However, that impact will be limited by virtue of the
position, design, and materials proposed, for the buildings’. 
Comment: The proposed development would introduce built development in an area of
undeveloped land, in an open and exposed location, and in this regard would undermine
the designation of the National Scenic Area, having an adverse effect on the integrity of
the area and failing to respect the undisturbed character and quality of the site and its
surroundings. The harm is clearly not outweighed by any social, environmental or
economic benefit, and certainly not of ‘national importance’, as required by NPF4 Policy
4. The development would be incompatible with and out of character in the context of the
undisturbed, undeveloped and unaltered application site. 
 The Agent states that ‘Furthermore, there is an economic benefit from adding a unique
holiday experience to the island supporting the Applicant and his croft whilst, if councillors
are impressed with the design, then this could be seen as being of ‘national importance’.’ 
Comment: The Applicant submitted no information to suggest that the proposed
development would relate to the diversification of an existing croft. The site does not
appear to be within a registered croft, as recorded on the Crofting Register. Additionally,
there has been no demonstration that the proposal would have any benefits to the wider
community or indeed the nation. In this regard, the proposal would further fail to meet the
requirements of NPF4 Policy 4 as underpinned by Local Development Plan Policies LDP
3 and LDP 9, supplementary guidance SG LDP ENV 14, and Policies 04 and 70 of the
proposed Local Development Plan 2.   
 The agent states that ‘It is accepted that the development does not fall within one of the
accepted categories under LDP Policies LDP STRAT 1 and LDP DM 1, and thus is at
odds with NPF4 Policy 9 b. It also fails to find favour under NPF4 Policy 10. However, this
is more than outweighed by the material considerations suggested above, notably the
exceptional quality of the design’. 
Comment: The development proposed is on a greenfield site and is located within the
‘Very Sensitive Countryside Zone’ as defined within the Local Development Plan, where
LDP Policies LDP STRAT 1 and LDP DM 1 give encouragement only to specific categories
of development on appropriate sites. These comprise renewable energy related
development; telecommunication related development; and development which would
directly support agricultural, aquaculture, nature conservation or other established activity.
The proposed short-term holiday letting dwellinghouse would not relate to any of the above
categories of development. There is no established activity on the undeveloped and
uninhabited island and no case has been presented to suggest otherwise. The design of
the proposed development would not be sufficient to override the key policies of NPF4
Policy 9 and LDP Policies LDP STRAT 1 and LDP DM 1, which set out to reduce the need
for greenfield development and set out the requirement for development proposals to
respect the surrounding environment. The site occupies a wild, remote and undeveloped
area valued for such qualities and the introduction of a significant form of built
development would be at complete odds with the existing nature of the site and would

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undermine the key policies which seek to preserve, protect and maintain such sensitive
areas which have extremely limited capacity to successfully absorb development where
only limited categories of natural based development is supported in these areas. 
 The Agent seeks to highlight the provisions of NPF4 Policy 29, which seeks to encourage
rural economic activity, innovation and diversification. 
Comment: 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.
The site is not linked to any existing community, settlement or other development and
there is no information to suggest that the proposal for a holiday let dwellinghouse on an
otherwise uninhabited island would provide any support to an existing rural community
and its economy. The site is isolated and disconnected such that there would be no
connection to the local community. Notwithstanding this, NPF4 Policy 29(c) requires
development proposals to be suitable in terms of location, access, siting, design and
environmental impact. In this instance, as previously outlined, the site is unsuitable for
development in terms of location and access due its isolated and undeveloped nature and
its sensitivity to inappropriate development that would fail to protect or conserve the
important landscape characteristics of the wider area. 
 The Agent also seeks to highlight the provisions of NPF4 Policy 30, which seeks to
encourage, promote and facilitate sustainable tourism development which benefits local
people, is consistent with our net zero and nature commitments, and inspires people to
visit Scotland. 
Comment: No supporting information was submitted to address the requirements of NPF4
Policy 30, however the site is not in a location identified within the adopted Local
Development Plan as being appropriate for tourist facilities or accommodation, and it
therefore fails to comply with the provisions of NPF4 Policy 30(a). No information has been
submitted with the application to suggest that the proposal would be a diversification
opportunity or would in any way support the local economy. The development would fail
to be compatible with the surrounding area by virtue of introducing significant built
development that would lead to a significant increase in activity level at an isolated,
undeveloped and sensitive location. As a result of the siting, the development would
present very limited opportunities in terms of sustainable travel options and, as outlined
within the representation received by the Oban District Access Panel, adaptions would be
required to take into account accessibility for disabled people. The proposed development
would not represent an appropriately sited tourism development. 
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.

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In this case, as detailed in the Report of Handling appended to this submission, the development
does not represent an appropriate opportunity for the erection of a dwellinghouse for short-term
holiday let accommodation and associated outbuilding, pontoon and sewage treatment plant, and
there has 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 4, 9, 10, 14, 17, 29 and 30, and Policies LDP 3, LDP 4, LDP 5,
LDP 8, LDP 9, LDP 10 and LDP 11 and Supplementary Guidance SG LDP ENV 12, SG LDP ENV
14, SG LDP BUS 2, and SG LDP TOUR 1 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: 22/02100/PP
Planning Hierarchy: Local Development 
Applicant: Mr A MacGillivray
Proposal: Erection of short-term holiday let accommodation, outbuilding and
pontoon and installation of sewage treatment plant
Site Address:  Eilean Loch Oscair, off Isle of Lismore    
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
 Erection of short-term holiday let accommodation
 Erection of outbuilding
 Erection of pontoon
 Installation of sewage treatment plant
 Connection to private water supply 
(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 be refused for the reasons appended to
this report. 
(C) CONSULTATIONS:   
NatureScot

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Letter dated 14.02.2023 objecting to the proposal until further information is provided.
Further response dated 18.05.2023, following the receipt of additional information
from the applicant, removing the holding objection. 
Scottish Environment Protection Agency
Letter dated 03.02.2023 advising of no objections subject to conditions. 
Environmental Health Service
Report dated 07.02.2023 advising of no objections to the application. Comment was
made regarding the requirement of the applicant to apply for a short-term let licence. 
Marine Scotland Licensing
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:   
No relevant planning history. 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 procedures, overall
closing date 23.02.2023. 
(F) REPRESENTATIONS:   
(i) Representations received from: 
One email representation has been received from Lismore Community Council,
dated 01.02.2023, supporting the application. 
One email representation has been received from Oban District Access Panel, dated
27.01.2023, commenting on the application. 
Representations are published in full on the planning application file and are available
to view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
 Lismore Community Council support the proposed development as it
would be a useful facility and diversification for a working croft, helping
support the farming enterprise of a local family.

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Comment: Whilst the support for the application is noted, there has been
no information submitted to suggest that the proposed development
would relate to the diversification of an existing croft.   
 Oban District Access Panel (ODAP) outline that their remit is to
encourage developers and designers to create accessible buildings and
environments that provide disabled people with equal access and
facilities and enable them to participate and to thrive. 
In this respect the ODAP encourage the Applicant to consult with their
Architect with a view to adapting the proposed accommodation on
Inclusive Design principles to enable it to be used and enjoyed by a
disabled people. This would involve providing a ramped access,
facilitating wheelchair access, adapting the bathroom, and the widening
of the pontoon bridge. 
 The comments by the ODAP are noted and will be passed to the
Applicant for information/action should permission be granted. 
(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 
A Design Statement has
been submitted with the
application. 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No 
A Flood Risk
Assessment has been
submitted with the
application. 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No

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(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 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 10 – Coastal Development
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
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
NPF4 Policy 30 – Tourism 
‘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 4 – Supporting the Sustainable Development of our Coastal Zone 
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

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‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
SG LDP ENV 2 – Impact on European Sites
SG LDP ENV 11 – Protection of Soil and Peat Resources 
Landscape and Design 
SG LDP ENV 12 – Impact on National Scenic Areas (NSAs)
SG LDP ENV 14 – Landscape 
Support for Business & Industry: General 
SG LDP BUS 2 – Business & Industry Proposals in the Countryside Zones 
Support for Business & Industry: Main Potential Growth Sector: Tourism 
SG LDP TOUR 1 – Tourist Facilities and Accommodation, including Static and
Touring Caravans 
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 SERV 7 – Flooding and Land Erosion – Risk Framework 
Transport (Including Core Paths) 
SG LDP TRAN 1 – Access to the Outdoors
SG LDP TRAN 2 – Development and Public Transport Accessibility
SG LDP TRAN 3 – Special Needs Access Provision
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 6 – Vehicle Parking Provision 
Coastal Development 
SG LDP CST 1 – Coastal Development

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(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. 
 Third Party Representations
 Consultation Reponses
 Argyll and Bute Sustainable Design Guidance, 2006
 ABC Technical Note – Biodiversity (Feb 2017) 
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 
Diverse and Sustainable Economy 
Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities 
Sustainable Communities 
Policy 55 – Flooding
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 70 – Development Impact on National Scenic Areas (NSA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 74 – Development Impact of Sites International and National Importance
Policy 79 – Protection of Soil and Peat Resources

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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:
 Lynn of Lorn National Scenic Area
 SEPA Coastal Flood Risk Zone
 Eileanan agus Sgeiran Lios mor Special Area of Conservation 
(P)(ii) Soils
Agricultural Land Classification:  Unclassified Land
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
☒N/A

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(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 
This application seeks planning permission for the erection of a detached
dwellinghouse for short-term holiday letting purposes, an associated outbuilding and
pontoon, and the installation of a sewage treatment plant, at the site of Eilean Loch
Oscair, off the Isle of Lismore. 
The application site, Eilean Loch Oscair, is a small island located approximately 250
metres off the northwest coast of Lismore within Loch Linnhe. The application site
comprises an area of land towards the southern end of the island, extending from
the west coast to the east coast of the island. The application site, and the wider
surroundings, form an uninhabited and undeveloped island comprising rough
grassland with a rocky foreshore. 
This application seeks planning permission for the erection of a dwellinghouse for
short-term holiday letting purposes, and an associated outbuilding and pontoon. The
proposed dwellinghouse would be set back from the coast, sited relatively centrally
within the plot. The dwelling would be single storey and would be formed of three
main blocks; a narrow linear block at the rear would facilitate two bedrooms which
would be connected to a circulation block which would facilitate the access within the
dwelling and would connect to the larger living and dining block which would be set
at an angle around an adjacent rocky outcrop. The total external footprint of the
dwellinghouse would be approximately 188 square metres. The flat roof of the
dwelling would predominantly have a height of 3.2 metres, with the circulation block
being set slightly lower than this at a height of 3 metres. The dwelling would include
contemporary glazing arrangements within each elevation which would feature

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timber shutters. The facing material of the dwellinghouse would comprise vertically
aligned natural timber cladding. 
The proposed outbuilding would be sited immediately adjacent to the proposed
dwellinghouse and would comprise a rectangular building covering a footprint of
approximately 7.3 square metres. The building would be similar in design to the
dwelling, having a flat roof at a height of 3.2 metres and clad in vertically aligned
timber. 
The proposed pontoon would be sited at the eastern shore of the island, extending
approximately 38 metres from the shoreline to provide the access to the island and
the application site. 
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. 
The application site is located within close proximity to the Eileanan agus Sgeiran
Lios mor Special Area of Conservation, protected for its harbour seals. As a result of
the designation, comments were sought from NatureScot who, after the submission
of additional information from the applicant, advised that the proposal is likely to have
a significant effect on the harbour seal qualifying interests of the Special Area of
Conservation. However, the response from NatureScot concluded that whilst there
are natural heritage interest of international importance at the site, their advice is that
these would not be adversely affected. The status of the site means that the
requirements of the Conservation (Natural Habitats, &c.) Regulations 1994 as
amended (the “Habitats Regulations”) apply. Consequently NatureScot advised that
the Council is required to consider the effect of the proposal on the Special Area of
Conservation. NatureScot advised that, in their view, the proposal is likely to have a
significant effect on the harbour seal qualifying interests and accordingly, the
Council, as competent Authority, is required to carry out an Appropriate Assessment
(AA) in view of the site’s conservation objectives for its qualifying interests.

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An Appropriate Assessment has been undertaken which identifies that, subject to
conditions being imposed were planning permission to be granted, to ensure that the 
development would be undertaken in accordance with the mitigation set out within
Environmental Statement accompanying the application, any disturbance would be
minimised. Based on the likely short time period for construction, and the proposed
mitigation measures, there would be no adverse effect on the integrity of the Special
Area of Conservation. 
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 delivered by planning condition in the event that planning
permission were to be granted. The proposed development is therefore considered
to be in compliance with NPF4 Policy 3 as underpinned by LDP Policy LDP 3,
supplementary guidance SG LDP ENV 1, and Policies 73 and 74 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 site lies within the Lynn of Lorn National Scenic Area. The Lynn of Lorn is an
island-studded waterway at the confluence of the Sound of Mull with Loch Etive and
Loch Linnhe, from which it is separated by the island of Lismore. The Lynn follows
the north-westerly alignment of the prevailing relief in the area, which, set in the wider
context of sea lochs and mountains, is a small scale region of parallel limestone
ridges. The proposed development would introduce built development in an area of
undeveloped land, in an open and exposed location, and would therefore disturb the
unsettled character of the landscape and have an adverse effect on the integrity of
the area. In this regard, the development would fail to respect the existing character
and quality of the site and its surroundings. 
NPF Policy 4 c) states that development proposals that will affect a National Scenic
Area will only be supported where: 
i. The objectives of designation and the overall integrity of the area will not
be compromised; or
ii. Any significant adverse effects on the qualities for which the area has
been designated are clearly outweighed by social, environmental or
economic benefits of national importance. 
In this case, it is the considered opinion of the planning authority that the proposed
development will be materially harmful to the designated qualities of the area and its
overall integrity and that this harm is not clearly outweighed by any social,
environmental or economic benefit, and certainly not of ‘national importance’. 
The proposed development is therefore considered to be in conflict with NPF4 Policy
4 as underpinned by Local Development Plan Policy LDP 3, supplementary guidance
SG LDP ENV 14, and Policies 04 and 70 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.

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The development proposed by the current planning application seeks to develop an
area of rough ground. The site 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 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 Very Sensitive Countryside Zone as defined within the Local
Development Plan, where LDP Policies LDP STRAT 1 and LDP DM 1 give
encouragement only to specific categories of development on appropriate sites.
These comprise renewable energy related development; telecommunication related
development; and development which would directly support agricultural,
aquaculture, nature conservation or other established activity. The proposed short-
term holiday letting dwellinghouse would not relate to any of the above categories of
development. There is no established activity on the undeveloped and uninhabited
island and no case has been presented to suggest otherwise. 
The proposed development, on a greenfield site, would therefore be contrary to
NPF4 Policy 9b, 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. 
With regard to the proposed Local Development Plan 2, the application site is located
within the Remote Countryside. This development management zone comprises
countryside and isolated coast which has extremely limited capacity to successfully
absorb development. Only limited categories of natural resource based development
is supported in these areas, limited to renewable energy related development,
telecommunications or other associated digital infrastructure, or development directly
supporting existing agricultural units, aquaculture, or other recognised countryside
activity. The proposed development would not relate to any of these categories of
development and in this regard would be contrary to Policy 02 of the proposed Local
Development Plan 2. 
NPF4 Policy 10 seeks to protect coastal communities and assets and support
resilience to the impacts of climate change. 
The proposed development is considered to be a form of coastal development by
virtue of the development relying on the use of the coast to access and facilitate the
development. NPF4 Policy 10b states that development proposals in undeveloped
coastal areas will only be supported where they:

Page 18

i. are necessary to support the blue economy, net zero emissions or to
contribute to the economy or wellbeing of communities whose livelihood
depend on marine or coastal activities, or is for essential infrastructure,
where there is a specific locational need and no other suitable site;
ii. do not result in the need for further coastal protection measures taking
into account future sea level change; or increase the risk to people of
coastal flooding or coastal erosion, including through the loss of natural
coastal defences including dune systems; and
iii. are anticipated to be supportable in the long-term, taking into account
projected climate change; or 
iv. are designed to have a very short lifespan 
The proposed development would fail to meet the above criteria as it would not relate
to support of the blue economy or achieving net zero emissions, and neither would
the development contribute to the economy or wellbeing of a community dependent
on marine or coastal activities. Additionally, the development does not relate to the
provision of essential infrastructure. 
The isolated nature of the coastline within this area, designated as Very Sensitive
Countryside Zone, is unable to successfully absorb the proposed development. The
scale of the development, comprising a dwellinghouse with a large footprint, and the
associated outbuilding and pontoon would be of a scale that is inappropriate to the
characteristics of the undeveloped and isolated location and would therefore fail to
safeguard areas identified as being sensitive and vulnerable to development
impacts.   
The proposed development would therefore represent an unsustainable form of
coastal development that would conflict with the requirements of NPF4 Policy 10 as
underpinned by Local Development Plan Policies LDP DM1, LDP 8 and LDP 10, and
supplementary guidance SG LDP CST 1. 
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 permission for the
erection of a dwellinghouse for short-term letting purposes. 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 condition in the event that planning permission were to be granted. In
this regard, the proposed development is considered to be in compliance with NPF
4 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. 
This policy aims to provide more opportunities for improved and more inclusive active
and sustainable travel opportunities whilst ensuring that developments are in
locations which support sustainable travel.

Page 19

Due to the isolated and remote location of the site, access would be required to be
by boat, assisted by the proposed pontoon. This small scale development is not
considered to be a significant travel generating use or a proposal where it is
considered important to monitor travel patterns resulting from the development. 
Notwithstanding the small scale nature of the development, it is not considered that
the proposal adequately addresses the requirements of NPF4 Policy 13b, which
requires development proposals to demonstrate consideration of the transport
requirements generated and their adherence to sustainable travel and investment
hierarchies. There would be no direct or easy access to the site via sustainable
transport methods or public transport and no apparent consideration has been given
to the transport needs of different user groups, such as those with limited mobility.
Whilst the development would be small scale and access to the site could be
facilitated, it is not considered that the proposal would adhere to the requirements of
NPF4 Policy 13, which specifically requires development to be in a location that
supports sustainable travel. 
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 14c 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. Whilst it is acknowledged that the
design of the dwelling has been given significant consideration, the siting of the
development within the exposed and sensitive landscape would fail to adhere to the
requirements of NPF4 Policy 14 by virtue of being inappropriately sited. The
development would not be well connected to any existing established settlement,
development or infrastructure, nor would the development safeguard the isolated and
undeveloped nature of the immediate and wider landscape surroundings. 
New development in this location would not be cohesive with the landscape or
settlement pattern and would not integrate with the character of the surrounding area.
The introduction of built development to an undeveloped island is considered
inappropriate and the development would have a significant adverse impact upon
the setting, and would unacceptably alter the character and appearance of the
surrounding landscape and seascape.   
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 infrastructure, land uses, available facilities, connectivity, the existing

Page 20

character, scale and density, and views. The site is isolated 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 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 consent for a dwellinghouse for use for short-term
holiday letting purposes. The proposed development would not therefore offer an
opportunity for occupation by persons within the local community. No supporting
evidence has been submitted to suggest that the development proposed would
provide support to an established fragile community. In addition, as outlined above,
the siting of the development is considered unsustainable due to its inaccessibility
and impact upon the sensitive and vulnerable isolated landscape and seascape. 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 comprising a sewage treatment plant, with water supply via connection to a
private water supply. The Council’s Building Standards Service would apply suitable
control over the detailed arrangements of the proposed sewage treatment plant at
Building Warrant stage in the event that planning permission were to be granted. 
The proposed water and drainage infrastructure to serve the proposed development
is considered to be consistent with the broad aims of NPF4 Policy 18 as underpinned
by LDP Policy LDP 11, supplementary guidance SG LDP SERV 1, and Policy 60 of
the proposed Local Development Plan 2. 
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 a
private water supply. In the event that planning permission were to be granted, a
condition would be required to secure an appraisal of the wholesomeness and
sufficiency of the intended water supply. 
The application site is situated adjacent to the coastal functional floodplain, as
indicated on the SEPA Flood Maps. Given the proposed siting for the development
on a small undeveloped island, the proposed development falls within the Most
Vulnerable land use class. SEPA have been consulted on the application and have

Page 21

stated that, based upon the Flood Risk Assessment submitted with the application,
there are no objections subject to a condition relating to development being sited
above 5.8mAOD. Should planning permission be granted and the relevant condition
attached, the proposed development would be complaint with NPF4 Policy 22 as
underpinned by Local Development Plan Policies LDP 10 and LDP 11,
supplementary guidance SG LDP SERV 7, and Policies 55 and 58 of the proposed
Local Development Plan 2. 
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 29a offers support to development proposals that contribute to the
viability, sustainability and diversity of rural communities and the local rural economy.
No information has been submitted with the application to suggest that the proposal
for a holiday let dwellinghouse on an otherwise uninhabited island would provide any
support to an existing rural community and its economy. 
With regard to NPF4 Policy 29c, 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 
The proposed development would not relate to supporting local employment
opportunities and neither would it provide support to an existing community. As
previously outlined, the site is unsuitable for development in terms of location and
access due its isolated and 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, and supplementary guidance SG
LDP BUS 5. 
NPF4 Policy 30 seeks to encourage, promote and facilitate sustainable tourism
development which benefits local people, is consistent with our net zero and nature
commitments, and inspires people to visit Scotland. 
The site the subject of the application is not in a location identified within the adopted
Local Development Plan as being appropriate for tourist facilities or accommodation,
and in this way fails to comply with the provisions of NPF4 Policy 30a. 
As stipulated by NPF4 Policy 30b, proposals for tourism related development must
take into account a number of factors, including the contribution made to the local
economy; compatibility with the surrounding area; impacts on communities;
opportunities for sustainable travel; accessibility for disabled people; measures taken

Page 22

to minimise carbon emissions; and opportunities to provide access to the natural
environment. 
No information has been submitted with the application to suggest that the proposal
would be a diversification opportunity or such a related scheme to support the local
economy. The development would fail to be compatible with the surrounding area by
virtue of introducing significant built development that would lead to a significant
increase in activity level at an isolated and undeveloped location. Due to its isolated
location, the development would present very limited opportunities in terms of
sustainable travel options and, as outlined within the representation received by the
Oban District Access Panel, adaptions would be required to take into account
accessibility for disabled people. 
The proposed development is not considered to represent an appropriately sited
tourism development. The proposal would fail to contribute to the community
economically, socially and culturally. In this way, the proposed development would
fail to meet the needs of the community, visitors and the environment, and would
therefore be contrary to NPF4 Policy 30 as underpinned by Local Development Plan
Policies LDP 3, LDP 5, LDP 8 and LDP 9, supplementary guidance SG LDP TOUR
1, and Policy 23 of the proposed Local Development Plan 2. 
Notwithstanding the above requirements of NPF4 Policy 30, the development of the
site with the erection of a dwellinghouse and associate services would represent an
inappropriate form of development within the Very Sensitive 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

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(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Emma Shaw Date: 17.07.2023 
Reviewing Officer: Tim Williams Date: 18.07.2023