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Argyll and Bute Council · 10 May 2023
Back to Argyll and Bute Local Review Body — 10 May 2023 and its agenda

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Argyll and Bute Council 
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD
2 May 2023 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on WEDNESDAY, 10 MAY 2023 at 9:30 AM, which you are requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. CONSIDER NOTICE OF REVIEW REQUEST: LAND NOTH OF SWALLOWTALE,
ACHNAGOUL, INVERARAY (REF: 23/0003/LRB) 
(a) Notice of Review and Supporting Documentation (Pages 3 - 30)  
(b) Comments from Interested Parties   
(i) Planning (Pages 31 – 60)
(ii) Roads (Pages 61 – 222)
(iii) Objector (Pages 223 – 224) 
Argyll and Bute Local Review Body 
Councillor Amanda Hampsey (Chair) Councillor Graham Hardie
Councillor Andrew Kain 
Contact: Fiona McCallum, Committee Services Officer Tel: 01546 604392
Public Document Pack

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ARGYLL AND BUTE COUNCIL
WWW.ARGYLL-BUTE.GOV.UK/**
NOTICE OF REVIEW
Notice of Request for Review under Section 43(a)8
of the Town and Country Planning (Scotland) Act 1997 and the Town and
Country Planning (Schemes of Delegation and Local Review Procedure)
(Scotland) Regulations 2013
Important – Please read the notes on how to complete this form and use
Block Capitals.  Further information is available on the Council’s Website.
You should, if you wish, seek advice from a Professional Advisor on how to
complete this form.
(3) Do you wish correspondence to be sent to you    or your agent
(4) (a)  Reference Number of Planning Application
(b) Date of Submission
(c) Date of Decision Notice (if applicable)
(5) Address of Appeal Property
(1) APPLICANT FOR REVIEW
Name
Address
Postcode
Tel. No.
Email  
(2) AGENT (if any)
Name
Address
Postcode
Tel. No.
Email
Mr I MacArthur
Lochside
Isle of Tiree
PA77 6XJ
Duncan Macleman
Ormonde ADPM
10 James Street
Avoch
IV9 8QB
07717572958
ormonde.adpm@btinte
rnet.com
OFFICIAL USE
Date Received
Ref:
AB1
x
20/01901/PPP
20/10/2020
17/02/2023
Land North of Swallowtail
Inveraray
Argyll & Bute
26.03.2023
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(6)  Description of Proposal
(7) 
Delegated Refusal
Please set out the detailed reasons for requesting the review:-
On behalf of Mr I MacArthur, I am requesting a review for the following
reasons:
1. The application site falls within an area designated for Housing in
the Local Plan
2. The site is brownfield redevelopment and should be supported as it
does not mean development in greenfield areas
3. Refusal reason is due to the current access which serves 5
properties. Transport Scotland refused permission even though in
their response to Jenni Minto, they clearly state the addition of one
housing unit will have little or no impact.
4. The junction is deemed as safe with no recorded accidents.
5. Transport Scotland approved the use of the this access for slow
moving HGV vehicles for forestry and mining operations. This
shows a degree of hypocricy.
6. It has been established that Argyll and Bute Planning could have
over-ruled Transport Scotland's objection and granted Planning
Permission. A report was commissioned by Mr MacArthur to
compliment the application and assist in demonstrating the access
junction was safe, This was ignored by Transport Scotland and
Argyll & Bute Planning.
7. The length taken, and number of Planning Officers assigned to this
case has been extremely disconcerting and upsetting for my client.
It has taken the best part of 3 years to come the decision to refuse.
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(8)  If the Local Review Body determines that it requires further information on
“specified matters” please indicate which of the following procedure you would
prefer to provide such information :-
(a) Dealt with by written submission
(b) Dealt with by Local Hearing
(c) Dealt with by written submission and site inspection
(d) Dealt with by local hearing and site inspection
NB It is a matter solely for the Local Review Body to determine if further information
is required and, if so, how it should be obtained.
(9)  Please list in the schedule all documentation submitted as part of the 
application for review ensuring that each document corresponds to the        
numbering in the sections below:-
Schedule of documents submitted with Notice of Review (Note: 3 paper
copies of each of the documents referred to in the schedule below
must be attached):
No. Detail
1 Refusal Notice
2 Refused Drawings Pack
3 Transport Statement
4 Various Email Correspondence
5
6
7
8
9
10
If insufficient space please continue on a separate page.  Is this is
attached? (Please tick to confirm)
x
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Submitted by
(Please Sign) Dated
Important Notes for Guidance
1. All matters which the applicant intends to raise in the review must
be set out in or accompany this Notice of Review
2. All documents, materials and evidence which the applicant
intends to rely on in the Review must accompany the Notice of
Review UNLESS further information is required under Regulation
15 or by authority of the Hearing Session Rules.
3. Guidance on the procedures can be found on the Council’s
website – www.argyll-bute.gov.uk/
4. If in doubt how to proceed please contact 01546 604392/604269 or
email localreviewprocess@argyll-bute.gov.uk
5. Once completed this form can be either emailed to
localreviewprocess@argyll-bute.gov.uk or returned by post to
Committee Services (Local Review Board), Kilmory,
Lochgilphead, Argyll, PA31 8RT
6. You will receive an acknowledgement of this form, usually by
electronic mail (if applicable), within 14 days of the receipt of your
form and supporting documentation.
If you have any queries relating to the completion of this form please contact
Committee Services on 01546 604392/604269 or email
localreviewprocess@argyll-bute.gov.uk
For official use only
Date form issued
Issued by (please sign)
24/03/2023
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1A Manse Brae Lochgilphead PA31 8RD 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) 
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
REFUSAL OF PLANNING PERMISSION IN PRINCIPLE 
REFERENCE NUMBER: 20/01901/PPP 
Mr I MacArthur
Ormonde ADPM
10 James Street
Avoch
Ross-shire
IV9 8QB 
I refer to your application dated 20th October 2020 for planning permission in principle under the
above mentioned Act and Regulations in respect of the following development: 
Demolition of outbuilding and site for the erection of a dwellinghouse at Land North Of
Swallowtale Inveraray Argyll And Bute   
Argyll and Bute Council in exercise of their powers under the above mentioned Act and
Regulations hereby refuse planning permission in principle for the above development for the
reason(s) contained in the attached appendix. 
Dated: 17 February 2023 
Fergus Murray
Head of Development and Economic Growth 
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REASONS FOR REFUSAL RELATIVE TO APPLICATION NUMBER: 20/01901/PPP 
1. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP
TRAN 4 of the adopted Argyll and Bute Local Plan 2015 as the proposed
development would result in increasing the number of vehicles entering and leaving
the traffic stream on the A83 (T) at a point where visibility is restricted, thus creating
interference with the safety and free flow of the traffic on the trunk road.  
2. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP
TRAN 4 of the adopted Argyll and Bute Local Plan 2015 as the proposed
development would result in an intensification of waiting and right turning
manoeuvres from the A83 (T) trunk road at a location where forward visibility for
approaching westbound traffic on the trunk road is substandard thus creating
interference with the safety and free flow of the traffic on the trunk road.  
3. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP
TRAN 4 of the adopted Argyll and Bute Local Plan 2015 in so much as the lengthy
substandard private access which already serves 5 dwellings would need to be
brought up to adoptable standard to serve the development proposed; being suitably
surfaced and provided with appropriate passing places, and over which the applicant
has no control, given that land required for such improvement lies beyond the
application site and outside the ownership of the applicant. 
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 20/01901/PPP 
1. If the applicant is aggrieved by the decision to refuse permission for or approval required by
a condition in respect of the proposed development, or to grant permission or approval
subject to conditions, the applicant may require the planning authority to review the case
under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended)
within three months from the date of this notice. A Notice of Review request must be
submitted on an official form which can be obtained by contacting The Local Review Body,
Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by
email to localreviewprocess@argyll-bute.gov.uk 
2. If permission to develop land is refused or granted subject to conditions and the owner of
the  land claims that the land has become incapable of reasonably beneficial use in its
existing state, and it cannot be rendered capable of reasonably beneficial use by the
carrying out of any development which has been or would be permitted, the owner of the
land may serve on the planning authority a purchase notice requiring the purchase of the
landowner’s interest in the land, in accordance with Part 5 of the Town and Country
Planning (Scotland) Act 1997 (as amended). 
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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application: 20/01901/PPP 
A. Has the application been the subject of any “non-material” amendment in terms of
Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to
the initial submitted plans during its processing. 
No 
B.  Is the proposal a departure from the Development Plan: 
No 
If yes, state level of departure: 
No Departure 
C.  Summary justification statement for refusal of planning permission in principle 
The proposal is considered to be contrary to NPF4 Policy 13, and policy LDP 11 and SG LDP
TRAN 4 of the Argyll and Bute Local Development Plan 2015, and there are no other material
considerations of sufficient significance to indicate that it would be appropriate to grant planning
permission in this instance as a departure to the Development Plan having regard to s25 of the
Act. 
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Transport Scotland
Roads Directorate
Network Operations - Development Management
Response On Development Affecting Trunk Roads and Special Roads
The Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 S.I.2013 No 155 (S.25)
Town and Country Planning (Notification of Applications) (Scotland) Direction 2009
To Argyll and Bute Council
Planning Services, 1A Manse Brae Lochgilphead PA31
8RD
Council Reference:- 19/01422/MIN
TS TRBO Reference:- NW/331/2019
Application made by Balfour Beatty, Mr Patrick Cave  18 Argyll Street Lochgilphead United Kingdom ,  and received by
Transport Scotland on 13 September 2019 for planning permission for use of existing borrow pit for the extraction of hard
rock and siting of ancillary infrastructure including welfare facilities, storage container and mobile crusher for the purposes of
overhead line project (barvrack) located at Land West Of Dalchenna Farm Inveraray Argyll And Bute affecting the A83 Trunk
Road.
Director ,  Roads Advice
The Director does not propose to advise against the granting of permission1.
2. The Director advises that planning permission be refused (see overleaf for reasons).
3. The Director advises that the conditions shown overleaf be attached to any permission the council may give
(see overleaf for reasons).
To obtain permission to work within the trunk road boundary, contact the Area Manager through the general contact number
below. The Operating Company has responsibility for co-ordination and supervision of works and after permission has been
granted it is the developer's contractor's responsibility to liaise with the Operating Company during the construction period to
ensure all necessary permissions are obtained.

Operating Company:-
Address:-
Telephone Number:-
e-mail address:-
0845 4130200
NWplanning@bearscotland.co.uk
TS Contact:- Area Manager (A83)
0141 272 7100
NORTH WEST
Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF
Bear House, Inveralmond Road, Inveralmond Industrial Estate, Perth, PH1 3TW
Page 1 of 2
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Transport Scotland Response Date:- 20-Sep-2019
Roads - Development Management
Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF
Telephone Number: 0141 272 7382
e-mail: development_management@transport.gov.scot
Transport Scotland Contact:-
Transport Scotland Contact Details:-
Fred Abercrombie
NB - Planning etc. (Scotland) Act 2006
Planning Authorities are requested to provide Transport Scotland, Roads Directorate, Network Operations - Development Management with a copy of the
decision notice, and notify Transport Scotland, Trunk Roads Network Management Directorate if the recommended advice is not accepted.
Page 2 of 2
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From: Shewan, Norman Norman.Shewan@argyll-bute.gov.uk
Subject: 20/01901/PPP - Land North Of Swallowtale, Inveraray - Erection of dwellinghouse in principle [OFFICIAL]
Date: 28 January 2021 at 16:29
To: ormonde.adpm@btinternet.com
Cc: Ross, James James.Ross@argyll-bute.gov.uk
Classification: OFFICIAL
Dear Duncan,
Having regard to al material considerations, including consultee responses from
Transport Scotland (Trunk Roads Authority) and the Councils Roads and Amenity
Services, my assessment is that the above application for planning permission in
principle is contrary to adopted Local Development Plan Policy and cannot be
supported with regard to negative impacts upon the free flow and safety of  traffic on
the A83 Trunk Road and substandard private access.
My own assessment is that the existing private access track is sub-standard to
satisfactorily accommodate traffic generated by 6 no. houses contrary to the
provisions of the Argyll and Bute Local Development Plan 2015 (LDP) ( policy LDP 9
and SG LDP TRAN 4) unless it can be demonstrated that the private track is capable
of being brought up to a standard  to satisfy the Council’s Roads and Amenity
Services,
The consultee responses are available for inspection on the Council’s website:-
https://publicaccess.argyll-bute.gov.uk/online-applications/search.do?
action=simple&searchType=Application
The simplest way to search for the application file is to enter the above application
reference no. into the search box and then click on “view associated documents” once
the file is open.
My timescale is to determine the application on, or very soon after, Friday 12th
February 2021.
My advice is that your client has two options of how to proceed in light of the above
advice:-
1)      Withdraw the application from determination by e-mail prior to 12th February.
This would allow you the opportunity to explore the potential for your client to
satisfactorily address the objections raised by the Council’s Area Roads
Engineer and the Trunks Roads Authority.
I can’t offer any indication that the objections can be overcome to the extent
where the objections are removed but it is an option that could be explored
outside of the formal application process.
Subject to a resolution of the outstanding objections  you could then submit a
new application for planning permission.
Please note that any new application should be for an application site edged
red which includes all land subject to the proposed development including all
land required to provide an improved standard of access (to the satisfaction of
the Council’s Roads and Amenity Services) linking the site for the house to the
public rod network. The application site edged red should also include all land
required for any required junction improvements and the relevant visibility
splays at the junction of the private track with the A83 trunk road. As part of
any new application you would also then have to serve notice on all parties
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any new application you would also then have to serve notice on all parties
other than the applicant who owns any part of the land within the application
site.
The Council’s Area Roads Engineer, James Ross can be contacted on 01546
604655.
2)      To allow the present application be determined as advised above.  If you
would like to submit any further supporting information which you would like
taken into account then can you please submit it before 12th February. It is
highly likely that application will be recommended for refusal however your
client would obviously have an opportunity to see a Review of this decision.
I would be grateful if you could advise me how you would like to proceed. If I don’t
hear from you in the interim then the application will be determined on 12th February.
Best Regards,
Norman
Norman Shewan
Planning Officer
MAKI Team
Development Management
Development and Economic Growth
Argyll and Bute Council
t: 01546 604542
e: norman.shewan@argyll-bute.gov.uk
w: www.argyll-bute.gov.uk
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Customer Satisfaction Questionnaire
The Planning Service are keen to get customers views on how we deliver our
services. Your feedback is important to allow us to tailor our services to customer
needs.
If you have any comments or wish to make a suggestion, please fill in our online
Customer Satisfaction Questionnaire
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Classifications.
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for
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taken in reliance on it, is prohibited and may be unlawful.
In such case, you should destroy this message and kindly notify the sender by reply email. Opinions, conclusions and other information in this
message that do not relate to the official business of Argyll and Bute Council or LiveArgyll shall be understood as neither given nor endorsed by
them.
All communications sent to or from Argyll and Bute Council or LiveArgyll may be subject to recording and/or monitoring in accordance with
relevant legislation..
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From: Ormonde ADPM ormonde.adpm@btinternet.com
Subject: FAO Gerard McPhillips Application Ref NW/3/2021 Planning Ref 20/01901/PPP
Date: 3 February 2021 at 21:24
To: development_management@transportscotland.gov.uk
Cc: Norman Shewan norman.shewan@argyll-bute.gov.uk, Love, David david.love@argyll-bute.gov.uk
Bcc: Ian MacArthur ianmacarthur@tireebroadband.com, ianmacarthurtiree@gmail.com
Dear Gerard,
Further to my previous correspondence, I am writing to you to further query the decision for refusal for the above application.
I was researching previous applications approved utilising the junction in question and have come across an approved mining
application (Planning Ref:19/01422/MIN TS Ref:NW/331/2019). This application received no objection from Transport Scotland
so my first question is this: Why would Transport Scotland deem the junction safe for commercial use with multiple slow moving
HGV and operator vehicle movements crossing the carriageway but not safe for a domestic brownfield redevelopment?
Looking at the application in more detail, approval was given for screening equipment and crushing equipment. Assuming the
quarry will have tracked excavator equipment to feed the crushing equipment, this requires additional operators over and above
the crushing equipment. Notwithstanding the HGV traffic utilising the junction (both entering and existing the site) to retrieve
materials excavated from the quarry, the required plant operators would also utilise this junction to work in the quarry and they
would travel in domestic type vehicles (small 4x4’s, commercial vans etc.) so would have the same visibility of those using the
junction to access the proposed house site.
This creates a situation where you have an acceptable level of junction use for one situation (commercial quarry use) but not for
another (a single domestic dwelling house) and I am struggling to see the parity. I am expecting a response along the lines of
“due to the commercial traffic use Transport Scotland cannot approve an additional house utilising this junction”. However, this
was not the case when Transport Scotland objected to the original Planning Application for this site in 2009. There was no quarry
works back then so my second question is this: What has changed from 2009 where a domestic Planning Application was
refused from safety grounds but a commercial mining application is acceptable?
I believe my client spoke to you earlier this week and you confirmed that in the preparation of your report, no site visit was
undertaken by yourself. I also believe that Google Earth and Google Streetview were used in your determination of this
application therefore any measurements quoted in your response could be challenged legally by a site survey.
I would be grateful if you could contact me at your earliest convenience to discuss the points raised above. I have attached the
response to 19/01422/MIN for your consideration.
Kind Regards,
Duncan Macleman (Agent)
ORMONDE
Architecture o Design o Project Management
10 James Street, Avoch, IV9 8QB
tel:01381 621080   mob:07717572958
IMPORTANT CONFIDENTIALITY NOTICE
The information in this e-mail is confidential and is intended solely for the addressees.
Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient,
any disclosure, copying, distribution or action taken or omitted to be taken in reliance on it
is prohibited and may be unlawful. Please also contact the sender and delete the material
from any computer.
document-22111
716.pdf
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05 February 2021 
FAO Ian McArthur 
Email only: ianmacarthurtiree@gmail.com 
Dear Ian, 
Planning Application 20/01901/PPP For Demolition of outbuilding and erection of a
dwellinghouse located Land North of Swallowtail, Inverary, Argyll and Bute. 
Having been instructed to review and report on both Transport Scotland and the highway authority’s
statutory consultee responses to the above planning application we report as follows: 
Current Application 
The land is located north of Swallowtail, Achnagoul and it is proposed to replace an existing stone byre
with a new dwellinghouse. The site is accessed via a private track which currently serves five other
properties and additional employment uses. The track connects onto the A83 trunk road via a “T”
junction. The track is in reasonable good condition and has been well used by residents, farmers and
the forestry commission over many years. Although the track is suitable for the current level of use it
should be noted that it is not constructed to an adoptable standard. The A83 in comparison to most
other trunk roads is not as heavily trafficked. In the vicinity of the site the National Speed Limit applies.
Forward visibility on the A83 is impaired due to the vertical and horizontal alignments not complying
with standards. Visibility at the junction between the track and the A 83 is also restricted due to the trunk
road alignment. A planning response has been provided from the Council’s Road Department, dated
7th January 2021, which recommended refusal on the grounds that “the existing private access
already serves five dwellings. Argyll and Bute Council’s Local Plan clearly states that that
developments of more than five dwellings should be served by a road constructed to an
adoptable standard. Any further development will require a road to an adoptable standard”. 
In considering the comments from the Roads Department we will evidence later that the existing track
serves supplementary development where planning has been approved which exceeds the level of
daily vehicular trips generated by the five dwellings. We shall also demonstrate that the applicant, as
part of his planning proposals, will not intensify the use of this track by vehicles but could in fact offer
reduced levels of trips and therefore reduce the impact on the track. We will also comment on the fact
that the applicant, whilst not increasing the residual impact on the track, is still willing to fund
improvements to all other parties who have access to the track which should be greatly welcomed by
the Council. 
Transport Scotland (TS) have also provided a response to the planning department with a
recommendation to refuse the planning application. The reasons for refusal cited in their response dated
27th January 2021 are as follows: 
• The proposed development would result in an intensification of waiting and right turning
manoeuvres from the trunk road at a location where forward visibility for approaching
westbound traffic on the trunk road is substandard thus creating interference with the
safety and free flow of the traffic on the trunk road; 
Millard Consulting,
Seabraes, 18 Greenmarket,
Dundee, DD1 4QB 
t:   01382 227 380
e:  dundee@millardconsulting.co.uk
w: millardconsulting.co.uk
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• The proposed development would result in an intensification of waiting and right turning
manoeuvres from the trunk road at a location where forward visibility for approaching
westbound traffic on the trunk road is sub-standard thus creating interference with the
safety and free flow of the traffic on the trunk road. 
In respect to Transport Scotland’s first reason for refusal we will demonstrate that there is indeed
potential that the planning application will not increase vehicle numbers but may actually reduce trips
based on a current consented use. We do agree with Transport Scotland however that visibility is
restricted at this location. With regards to the second reason for refusal we will demonstrate that the
planning proposals have the potential to improve safety to the benefit of all road users and could reduce
the level of slower right turning vehicles from the general network. 
Previous Planning Consent 
Planning application, reference 09/00745/DET, was submitted on the same site for the erection of a
new dwellinhouse and office building. This application was refused and when appealed the decision
remained in favour of the Council. The reasons cited were essentially the same as those stated by
Transport Scotland and the Roads Department during the current application. 
Millard Consulting’s Comments 
As part of the planning consultation process both Transport Scotland and the Roads Department have
not appeared to consider the proposals in any depth. The current application does not include an office
building which significantly reduces potential impact arising from the earlier 09/00745/DET application.
Most importantly there does exist a byre on the site and as such this, under historic use, would have
had consent for agricultural use. 
In our considered opinion there is nothing impeding the applicant from continuing to use from this plot
for agricultural purposes. The level of daily trips rates arising from one dwellinghouse has the potential
to generate an average 2 – 2.5 daily two-way trips onto the adjacent highway network. As current use
on the application site has no restrictions on the level of vehicular use then there is potential for similar
or increased daily trips which could exceed those for a solitary dwelling. As part of the proposals the
existing byre will be demolished thereby removing the requirement for agricultural access. Agricultural
use is predominately associated with larger slower moving vehicles in comparison to the private car. 
The potential for reduced vehicular movements should be welcomed by both Transport Scotland and
the Roads Department however no comment has been made in respect to the current site use. We
therefore do not agree with both authorities’ comments that intensification will arise as a consequence
of the development proposals. We would contend that there is potential for reduced intensification
based on the fact that the current permitted site use will be removed if planning is granted and therefore
there will be less impact on the existing highway network and safety would actually improve. 
Supplementary Comments 
During the 09/00745/DET application it was stated by Transport Scotland that the approved use of the
track for forestry commission purposes was due to the fact that vehicles do tend to by higher and as
such visibility standards are significantly better than those experienced by private car drivers. We have
to make comment that visibility splay standards are regulated on the basis that all vehicles are classified
as the same no matter the height of the vehicles. Visibility for forestry commission use do not meet
Transport Scotland stanndards nor any relaxation or departure from standard and we are sure this is a
point Transport Scotland would agree with. Employees associated with forestry commission work also
have a tendency to access the site by van / car so not all movements are HVG related. We believe that
the comments made by Transport Scotland during the earlier application and subsequent appeal were
incorrect and not justified as larger vehicles tend to be slower moving and statistics quite clearly
demonstrate that they do tend to have a higher rate of right turning accidents as a consequence of this.
This fact was never raised by Transport Scotland and therefore comparison between residential and
forestry is considered to have been misrepresented. 
More importantly a more recent application, ref 19/01422/MIN was approved and Transport Scotland
did not advise against the granting of permission in this instance. The application was applied for
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consent for extraction of minerals from an existing borrow pit. Transport Scotland obviously had no
concerns over intensification nor road safety. We find this to be unacceptable on the basis that such
use will have a significantly greater intensification in comparison to one dwelling. Vehicles will also be
slower turning in comparison to the private car. Having previously refused the earlier application
09/00745/DET on grounds of intensified use and road safety Transport Scotland have totally
disregarded such concerns when providing comment on the 19/01422/MIN application which would
have had a more significant impact. A response from the Roads Department on the 19/01422/MIN
application raised no concerns on either intensified use nor roads standards or adoption requirements. 
Conclusions 
In conclusion we would argue that the current proposals have the potential to reduce vehicular use from
the current site and also as a consequence of this could improve road safety. We would also strongly
state that the most recently approved application in 2019 has significantly  greater impact on the
highway network than that arising from one dwelling and as such Transport Scotland has not been
consistent with their comments. 
Regarding the adoption of the track we would conclude that it serves not only five dwellings but other
land uses such as mineral extraction and forestry commission. As such the Council should have asked
for it to have been made up to adoptable standards prior to this application. The applicant is looking to
replace a byre with a house which has the potential to reduce trip generation and yet at the same time
offer improvements by providing lay-by’s to the mutual benefit of all users of the track. We would
question therefore the Councils stance that it should be brought up to adoptable standard when traffic
movements could actually reduce based on the consented use of the site. 
Finally the Roads Department’s comments to planning imply that in accordance with the Council’s Local
Plan Policy the track should be brought up to adoptable standard as it will serve more than five
dwellings. This however is not specifically the case. The extract attached from the LDP supplementary
guidance confirms there are exceptions to this. In the circumstance where further development utilises
an existing private access or private road it is the Council’s policy that this will only be accepted if the
access is capable of commensurate improvements considered by the Roads Authority to be appropriate
to the scale and nature of the new development. The Council have previously found it acceptable to
approve access to other land use applications without the need for adoption and we would encourage
the Roads Department to consider the fact that the current consented use of the site will be removed
as part of the application and that lay-by’s will be constructed to the mutual benefit of others. We
consider this to be commensurate with the proposals under consideration. 
We challenge responses to planning by both Transport Scotland and the Roads Department based on
the above grounds and would move the Council to approve the application on the basis of a reduction
in intensification, consequential improvements to road safety and based on a more recently approved
application having significantly greater impact than proposals arising from one dwelling. 
Yours faithfully, 
Ken Pirie
Managing Director 
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From: Shewan, Norman Norman.Shewan@argyll-bute.gov.uk
Subject: RE: Planning Ref 20/01901/PPP [OFFICIAL]
Date: 10 February 2021 at 11:09
To: Ormonde ADPM ormonde.adpm@btinternet.com
Cc: development_management@transportscotland.gov.uk, Love, David David.Love@argyll-bute.gov.uk, Ross, James
James.Ross@argyll-bute.gov.uk
Classification: OFFICIAL
Hi Duncan,
I hope that you’re well.
I acknowledge receipt of the supporting statement from Millard Consulting with regard
to the above application for planning permission.
I will consult the Council’s Roads and Amenity Services and Transport Scotland for
any comments that they wish to make in response to the supporting statement with a
response period of 21 days.
With regard to the issue of a formal extension of the determination period, I’m happy
to agree an extension of the determination period to allow the issues raised in the
supporting statement to be fully assessed. The issues raised and the responses from
statutory consultees will obviously be given material weight as part of my assessment
of the proposed development.
Best Regards,
Norman
Norman Shewan
Planning Officer
MAKI Team
Development Management
Development and Economic Growth
Argyll and Bute Council
t: 01546 604542
e: norman.shewan@argyll-bute.gov.uk
w: www.argyll-bute.gov.uk
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Page 25

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From: Ormonde ADPM [mailto:ormonde.adpm@btinternet.com]
Sent: 09 February 2021 18:45
To: Shewan, Norman <Norman.Shewan@argyll-bute.gov.uk>
Cc: development_management@transportscotland.gov.uk; Love, David
<David.Love@argyll-bute.gov.uk>
Subject: Planning Ref 20/01901/PPP
Hi Norman,
I hope this email finds you well and safe in these very strange and trying times?
Further to the information received from yourself (Argyll & Bute Roads Dept.) and the
objection received from Transport Scotland, Mr Macarthur has engaged the services of a
transport consultant to give a professional opinion and response on the objections
received from both transport agencies. Mr Pirie has pulled out the stops to provide this
report as he is aware of the deadlines looming for your report/decision process.
Although Mr Macarthur was advised by telephone not to bother with the report by
Gerard from Transport Scotland, he felt the potential lack of supporting evidence present
in their objection, coupled with a previously approved mining application as discussed in
my previous correspondence, warranted the investment to be made.
I hereby attach a copy of the report prepared by Ken Pirie of Millard Consulting for your
consideration - you will note it provides a detailed response to the objection raised by
Transport Scotland and also the Argyll and Bute Roads Dept.
As mentioned earlier, time is ticking and I was wondering if it is worth formally applying
for an determination deadline extension?
Kind Regards,
Duncan
ORMONDE
Architecture o Design o Project Management
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10 James Street, Avoch, IV9 8QB
tel:01381 621080   mob:07717572958
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Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for
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In such case, you should destroy this message and kindly notify the sender by reply email. Opinions, conclusions and other information in this
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Page 29

From: Love, David David.Love@argyll-bute.gov.uk
Subject: RE: Inveraray Site for Mr I Macarthur [OFFICIAL]
Date: 20 August 2021 at 08:55
To: Ormonde ADPM ormonde.adpm@btinternet.com
Classification: OFFICIAL
Good morning Duncan,
Thanks for this.  I have been having some discussion with Transport Scotland as well
and have the same feedback.  They are absolutely correct that the final determination
rests with the planning authority.  However, in order to go against the recommendation
of a statutory consultee I need to have very clear objective and substantive reasoning
to do so.  This would normally be considerable a wider public benefit.  For example,
the development of a prominent gap site in a conservation area which would bring
obvious and clear benefit to the wider environment supporting a number of
regeneration initiatives.  In this instance the only person to gain is the applicant and,
despite the sympathy I feel for him, I cannot go against the advice of Transport
Scotland on a road safety matter without considerable objective reasoning to do so.
Even if I were to do so I would need to convince my line manager and the elected
Members of the PPSL committee which I would not be confident of. 
My only suggestion would be to refuse the application and make a submission to the
Local Review Board (LRB).  I appreciate this will be disappointing but without TS’s
support I cannot proceed to a positive determination.   
Kind regards, 
David Love
Area Team Leader - MAKI
t: 01546 604 845
e: david.love@argyll-bute.gov.uk
From: Ormonde ADPM <ormonde.adpm@btinternet.com>
Sent: 18 August 2021 21:20
To: Love, David <David.Love@argyll-bute.gov.uk>
Subject: Inveraray Site for Mr I Macarthur
Hi David,
I hope this message finds you well?
I am writing in relation to the application at Inveraray for Mr Ian Macarthur. As you are
aware, the application is at a standstill due to the comments received from Transport
Scotland.
During this period, Ian approached Jenni Minto for advice and she wrote to Transport
Scotland - response attached. Their response is unsurprising and they even give
justification for approving the borrow pit application.
However the most interesting part of their response is where they state Argyll & Bute
Planning Dept can approve the application against their advice given justification.
With this in mind, given the previous justifications forwarded by myself, I feel this could
be approved by delegated decision based upon your own sound judgement and the
following reasons:
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following reasons:
1. This application is brownfield and in accordance with the Local Plan
2. The application will not cause a lot of additional traffic movement access/egress the
site
3. The borrow pit works and forestry extraction works involves the use of large slow
moving vehicles and no accidents have been recorded - private vehicles will not pose
such dangers
4. The track upgrade could be conditioned for a Further Application Condition.
Would it be ok to give me a ring tomorrow to discuss
I look forward to hearing from you.
Kind Regards,
Duncan
ORMONDE
Architecture o Design o Project Management
10 James Street, Avoch, IV9 8QB
tel:01381 621080   mob:07717572958
IMPORTANT CONFIDENTIALITY NOTICE
The information in this e-mail is confidential and is intended solely for the addressees.
Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient,
any disclosure, copying, distribution or action taken or omitted to be taken in reliance on it
is prohibited and may be unlawful. Please also contact the sender and delete the material
from any computer.
Argyll and Bute Council classify the sensitivity of emails according to the Government Security Classifications.
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not disclose, copy or deliver this message to anyone and any action taken or omitted to be
taken in reliance on it, is prohibited and may be unlawful.
In such case, you should destroy this message and kindly notify the sender by reply email. Opinions, conclusions and other information in this
message that do not relate to the official business of Argyll and Bute Council shall be understood as neither given nor endorsed by it.
All communications sent to or from Argyll and Bute Council may be subject to recording and/or monitoring in accordance with relevant
legislation.
This email has been scanned for viruses, vandals and malicious content.
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STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
REFUSAL OF PLANNING PERMISSION IN
PRINCIPLE FOR ERECTION OF
DWELLINGHOUSE AT LAND NORTH OF
SWALLOWTALE, ACHNAGOUL, INVERARAY 
PLANNING PERMISSION IN PRINCIPLE
APPLICATION REFERENCE NUMBER
20/01901/PPP 
6th APRIL 2023
Page 31 Agenda Item 3b

Page 32

STATEMENT OF CASE 
The planning authority is Argyll and Bute Council (‘the Council’). The
appellants are Mr and Mrs MacArthur (‘the appellants’). 
The planning permission in principle application, reference number
20/01901/PPP, for the erection of a dwellinghouse at Land North of
Swallowtale, Achnagoul, Inveraray (“the appeal site”) was refused under
delegated powers on the 17th February 2023. The planning application has
been appealed and is subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The application site is located to the north of a small settlement of 5
dwellinghouses in a rural setting to the north of the A83 Trunk Road at
Achnagoul, Inveraray. Access to the site is via a private access from the A83
Trunk Road.           
SITE HISTORY 
The planning history of the site and locality is detailed in Section D of the
Report of Handling. It is noted that planning permission has previously been
refused for a dwellinghouse on this location. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED
Section 25 of the Town & Country Planning (Scotland) Act 1997 provides
that where, in making any determination under the planning Acts, regard is
to be had to the development plan, 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 location, siting, design and finishes of the
proposed development have sufficient regard to the context of
their setting. 
- Whether the existing access arrangements serving the proposed
development are suitable to accommodate the intensification in
its use which would occur as a result of the development. 
The Report of Handling (attached) sets out the Council’s assessment of the
application in terms of Development Plan policy and other material
considerations.
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REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is considered that no new information has been raised in the appellants’
submission. The issues raised were covered in the Report of Handling which
is contained in Appendix 1, including a summary of the representations
submitted from one household at Achnagoul. As such it is considered that
Members have all the information they need to determine the case. Given the
above and that the proposal is small-scale, has no complex or challenging
issues and has not been the subject of significant body of conflicting
representation, then it is considered that a Hearing is not required. 
COMMENT ON APPELLANTS’ SUBMISSION 
Having regard to the detailed reasons for requesting the review set out in part
(7) of the appellants’ submission the following points are noted: 
1. The application site falls within an area designated for Housing in
the Local Plan.
2. The site is brownfield redevelopment and should be supported as
it does not mean development in greenfield areas 
Whilst there is general support for the principle of small scale housing
development within defined ‘settlement area’ it is incorrect to imply that
the land is designated for housing development. This issue is
addressed in section P of the report of handling. 
The application site is located within the ‘settlement area’ of Achnagoul
as defined by the Argyll and Bute Local Development Plan 2015,
wherein the provisions of policy LDP DM 1, LDP 8 and SG LDP HOU 1
set out a general presumption in favour of ‘small scale’ housing
development on appropriate sites, and subject to compliance with all
other relevant provisions of the Development Plan. The current
proposal for a single dwelling would fall within the definition of ‘small
scale’. NPF4 Policy 9 sets out support in principle for the sustainable
reuse of brownfield land, including vacant and derelict land and
buildings subject to consideration of impact upon biodiversity and
potential contaminants from previous uses. 
3. Refusal reason is due to the current access which serves 5
properties. Transport Scotland refused permission even though in
their response to Jenni Minto, they clearly state the addition of
one housing unit will have little or no impact. 
4. The junction is deemed as safe with no recorded accidents. 
It is noted that Transport Scotland have formally objected to the
development in their consultation response; this matter is summarised
in sections C and G of the report of handling. 
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Within their further response dated 22nd February 2021, Transport
Scotland note that whilst the traffic associated with a single
dwellinghouse is unlikely to be significant on its own, given the number
of existing properties which already utilise the access they remain of
the opinion that no further intensification should be permitted. It is
advised that visibility to the left is between 120-130m and 196-215 to
the right at set back distances of 4.5m and 2.4m. The visibility to the
left is consequently well below the desired standard of 215m and there
is little scope to improve this given the position of the access close to
the brow of a hill, It is also observed that the stopping distance of traffic
approaching the access is also well below the desirable minimum
standard set out in the Design Manual for Roads and Bridges. 
It is further observed by officers that there is also other pressure for
development off of this substandard access, as evidenced by another
application (21/02192/PPP) within the locality and identified in section
D of the report of handling; that application was subsequently
withdrawn prior to formal determination in light of objection raised by
Transport Scotland and ABC Roads in relation to the suitability of the
access arrangements. 
5. Transport Scotland approved the use of this access for slow
moving HGV vehicles for forestry and mining operations. This
shows a degree of hypocrisy. 
It is firstly noted that each planning application requires to be assessed
on its own merits. The applicant’s concerns in relation to the
consistency of approach by Transport Scotland are noted and
commented upon in detail under section G of the report of handling.
The issues raised have also been subject to review by Transport
Scotland and subject to detailed commentary dated 22nd February
2021. 
In relation to the borrow pit permission (19/01422/PP) Transport
Scotland have commented that this related to the extension of an
existing borrow pit and that a maximum of 10 low loader trips were
expected for the purpose of mobilisation and demobilisation, and that
all other trips were generated within the forest area. 
6. It has been established that Argyll and Bute Planning could have
over-ruled Transport Scotland's objection and granted Planning
Permission. A report was commissioned by Mr MacArthur to
compliment the application and assist in demonstrating the
access junction was safe, This was ignored by Transport Scotland
and Argyll & Bute Planning. 
The report commissioned by the applicant is detailed in section G of
the report of handling and has been subject to commentary by
Transport Scotland. It is incorrect to suggest that this information has
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either ignored or that it has not been afforded weighting in the
determination of the application. 
The applicant is correct in identifying that a planning authority is not
obliged to accept the advice of Transport Scotland as statutory
consultee. However, where a planning authority intended to go against
that advice it does not have the ability to grant planning permission
without first notifying the application to Scottish Ministers who in turn
may call the application in for their own determination. In this instance
officers advised the applicant that the supporting information presented
was not considered sufficient to demonstrate that the proposed
development would not give rise to adverse effects upon road safety
and accordingly a decision was made in line with the recommendation
of Transport Scotland. 
7. The length taken, and number of Planning Officers assigned to
this case has been extremely disconcerting and upsetting for my
client. It has taken the best part of 3 years to come the decision to
refuse. 
It is accepted that a timely determination was not reached in this matter
and explanation of the operational issues, including the pandemic, loss
of staff and subsequent issues with recruitment that impacted severely
upon the resources of the Development Management Service have
previously been provided to the applicant. 
Nonetheless, it is noted that the time taken to reach a determination is
not a material factor in the acceptability or otherwise of the proposed
development and as such is not a factor that should be afforded
weighting in the LRB process. 
CONCLUSION 
Section 25 of the Town and Country Planning Act 1997 requires that all
decisions be made in accordance with the development plan unless material
considerations indicate otherwise.   
The application site is located within ‘settlement area’ which pertains to an
existing group of five dwellinghouses at Achnagoul, by Inveraray as defined
by the Adopted ‘Argyll and Bute Local Development Plan’ 2015. Within this
zone policies STRAT DC 1, LDP 8 and SG LDP HOU 1 set out a general
presumption in support of ‘small’ scale residential development provided that
such development is appropriately sited, is of a scale and design which fits
within the context of the locale, is compatible with the character and amenity
of its surrounds and, does not give rise to adverse access or servicing
implications. NPF4 Policy 9 sets out support in principle for the sustainable
reuse of brownfield land, including vacant and derelict land and buildings
subject to consideration of impact upon biodiversity and potential
contaminants from previous uses.
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- Does the proposed location, siting, design and finishes of the
proposed development have sufficient regard to the context of
their setting? 
The application site relates to an area of 0.36 hectares which is currently
occupied by a derelict stone outbuilding, and native broadleaf woodland that
forms part of the setting for the wider settlement area. The submitted site plan
indicates that the proposed new dwellinghouse would be erected on the
footprint of the existing outbuilding, the existing site access would be
upgraded and car parking formed onsite. The applicant has claimed that the
stone outbuilding forms part of a registered agricultural unit however, at the
time of inspection by officers, there was no evidence to suggest that the site
area currently formed part of a working farm operation. 
The replacement of the existing outbuilding with a dwelling of modest
proportion and traditional design emphasis would be considered to be in
keeping with the existing settlement pattern, would not give rise to any
adverse landscape impact, and is sufficiently removed from neighbouring
property that there is reasonable prospect that any concerns relating to
privacy or amenity could be addressed through siting and design. The
development of the site would necessitate some removal of existing self-
seeded tree cover, it is however evident that trees have encroached upon the
previously developed area around the outbuilding and it is considered that,
subject to appropriate mitigation (tree survey and confirmation of minimal tree
removal to accommodate the development) that there would not be any
significant impact on the wider areas of woodland surrounding the site. It is
considered that the site is capable of being developed in a manner that would
be consistent with the relevant provisions of NPF4 Policy 6, LDP 3, LDP 9,
SG LDP ENV 6, SG LDP ENV 14, and SG LDP Sustainable Design. 
- Is the existing access arrangements serving the proposed
development suitable to accommodate the intensification in its
use which would occur as a result of the development? 
In this particular instance Transport Scotland has advised that the existing
junction with the A83 gives cause for concern in two respects: 
i) that the proposal will result in an increase in the number of vehicles
entering and leaving the traffic stream at a point where visibility is
restricted thus causing interference with the safety and free flow of
traffic on the trunk road, and; 
ii) that the proposal would result in an intensification of waiting and right
turning manoeuvres from the trunk road at a location where forward
visibility for approaching westbound traffic on the trunk road is
substandard thus creating interference with the safety and free flow of
traffic on the trunk road. 
The Council’s Roads Service has advised that the private access serving the
development already serves five dwellings and is considered to be unsuitable
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for further development due to the condition of the surface and insufficient
passing places. 
The provisions of NPF4 Policy 13(g) set out that development proposals that
have the potential to affect the operation and safety of the Strategic Transport
Network will be fully assessed to determine their impact. Where it is identified
that existing infrastructure does not have the capacity to accommodate a
development without adverse impact on safety or unacceptable impacts on
operational performance then the cost of the mitigation measures required to
ensure the continued safe and effective operation of the network should be
met by the developer. 
The provisions of policy LDP 11 and SG LDP TRAN 4 of the adopted ‘Argyll
and Bute Local Development Plan’ 2015 set out that the Council will seek to
resist development where an existing private access regime is considered to
be of such poor standard as to be unsuitable for vehicular traffic and is not
capable of commensurate improvements unless the private access is brought
up to a full adoptable road. 
The land necessary for the upgrade of the existing junction with the A83,
improvement of forward visibility to westbound traffic on the A83 and, the
improvement of the private access to adoptable standard is located both
outwith the application site boundary and land within the control of the
applicant and consequently the requisite offsite highway improvements cannot
be secured within the confines of the application as submitted and the
proposed development is consequently, in view of the above, considered
likely to have a significant adverse impact upon highway safety. 
The proposal is considered to be contrary to NPF4 Policy 13, and policy LDP
11 and SG LDP TRAN 4 of the Argyll and Bute Local Development Plan 2015,
and there are no other material considerations of sufficient significance to
indicate that it would be appropriate to grant planning permission in this
instance as a departure to the Development Plan having regard to s25 of the
Act. 
Taking account of the above, it is respectfully requested that the request for a
review be dismissed. 
Appended documents:
Report of Handling dated 17.02.2023
Further comments from Transport Scotland dated 22.02.2021 
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Argyll and Bute Council
Development & Economic Growth   
Delegated 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: 20/01901/PPP
Planning Hierarchy: Local
Applicant: Mr I. MacArthur
Proposal: Demolition of outbuilding and site for the erection of a
dwellinghouse
Site Address:  Land North of Swallowtale, Achnagoul, Inveraray    
DECISION ROUTE 
Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission in Principle
 Site for the erection of one dwellinghouse (no details of siting, design,
submitted for approval at this time);
 Installation of bio-treatment plant and partial soakaway (no detail
submitted for approval at this time) 
(ii) Other specified operations
 Connection to public water supply 
(B) RECOMMENDATION: 
Recommend that planning permission be refused for the reasons attached. 
(C) CONSULTATIONS:   
Transport Scotland (28.01.2021, 22.02.2021) – Recommend refusal on road safety
grounds. It is noted that in the event that the planning authority was minded to grant
planning permission contrary to the advice of Transport Scotland then it would
require to notify the application to Scottish Ministers. 
ABC Roads (08.01.2021, 26.02.2021) – Recommend refusal. It is identified that the
development is served by an existing substandard private access, it is intimated that
further development would require the access to be brought up to an adoptable
standard. 
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West of Scotland Archaeology Service (14.01.2021) – No objections subject to a
condition requiring an archaeological watching brief being imposed on any grant of
planning permission. 
Scottish Water (24.12.2020) – No objection raised to the proposal to connect to the
public water supply subject to a note to the applicant. Confirmation provided that
there is no public sewer system in the vicinity of the development. 
ABC Environmental Health – (05.12.2022) Notes potential for contamination of site
from previous land management activities. No objections subject to condition if
further info is not provided prior to determination. 
(D) HISTORY:   
Application Site: 
Planning permission has previously been refused for development of this location: 
09/00745/PP – Erection of a dwellinghouse and office – Refused 08.09.2009. This
decision was subsequently upheld by Local Review Board (09/0003/LRB) on
09.02.2010. 
The reasons for the  previous refusal of planning permission in relation to application
ref. 09/00745/PP were set out as follows: 
1. The proposed development would result in increasing the number of vehicles
entering and leaving the traffic stream on the A83(T) at a point where visibility is
restricted, thus creating interference with the safety and free flow of traffic on the
trunk road. 
2. The proposed development would result in an intensification of waiting and right
turning manoeuvres from the A83(T) trunk road at a location where forward
visibility for approaching westbound traffic on the trunk road is substandard thus
creating interference with the safety and free flow of traffic on the trunk road. 
3. The development conflicts with policy LP TRAN 4 of the adopted Argyll and Bute
Local Plan 2009 in so much as the lengthy substandard private access which
already serves 5 dwellings would need to be brought up to adoptable standard
to serve the development proposed; being suitably surfaced and provided with
appropriate passing places, and over which the applicant has no control, given
that land required for such improvement lies beyond the application site and
outside the ownership of the applicant. 
4. The proposal conflicts with LP BUS 1 of the adopted Argyll and Bute Local Plan
as the office element of the proposal would erode the residential character of the
area and adversely affect local residents and the amenity of the area through an
increase in traffic levels and the introduction of commercial activity, which would
be a source of nuisance and disturbance to residents contrary to the interests of
the residential amenity of the area. 
5. Having regard to the combined scale of the built development associated with
the provision of residential and office accommodation proposed along with the
associated parking area, their location and the consequential loss of some
mature trees which contribute to the setting of the settlement, together with
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elements of the design and materials of the buildings which are uncharacteristic
of its surroundings, such as projecting glazed/timber extension to the dwelling
and the metal profiled roof of the office building, it is considered that the proposal
in its siting and design fails to accord with LP ENV 19 and Appendix A of the
Argyll and Bute Local Plan 2009. 
Locality: 
Application ref. ref. 21/02192/PPP: Recent application for development of land
adjoining the current application site– Site for Erection of Dwellinghouse - Withdrawn
prior to determination following objections raised by Transport Scotland and ABC
Roads. 
Application ref. 19/01422/MIN. Land west of Dalchenna Farm, Inveraray. Temporary
planning permission approved 27.11.2019. This permission provided for the
extension of an existing Forestry Commission borrow pit as a temporary mineral
working for the extraction of hardrock required to provide/improve access tracks and
construction requirements associated with the construction of a section of the
Inveraray-Crossaig Overhead Line by Scottish and Southern Electricity Networks.
This permission provided consent to temporarily extract material for use in the
immediate locality as a means of avoiding the need to transport large volumes of
hard rock over large distances on the road network. The borrow pit utilised the same
junction onto the A83(T) as the current application but is served by a forest access
that splits off from the private road some 280m east of the Auchnagoul ‘settlement
area’. 
(E) PUBLICITY:   
Regulation 20 Advert published 15th January 2021 – Expired 5th February 2021 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Representations have been received from two third-parties raising objection: 
 Mr Knowles, Auchnagoul House, Inveraray (08.01.2021)
 Mrs Knowles Auchnagoul House, Inveraray (08.01.2021) 
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: 
 Concern is raised that the proposed septic tank would be above the level
of the objectors property giving rise to potential impact upon a
watercourse, localised flooding and potential for odour nuisance arising
from the outfall. 
Comment: It is noted that the current application is for planning permission
in principle and does not include detail of the proposed means of foul
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drainage. The application indicates that foul drainage will be to a new bio-
treatment plant and partial soakaway however any detail in that respect
would require to be subject to an AMSC submission in the event of PPP
being granted. The foul drainage arrangements would also be subject to
separate controls under Building Regulations and CARS (SEPA) in relation
to its operation and impact on the water environment. 
 No detail is provided on how an electricity supply will be provided to the
site. Concern is raised that works by SSE may cause disruption to
residents. 
Comment: It is noted that the provision of an electrical connection would be
undertaken by SSE as a statutory undertaker utilising ‘permitted
development rights’. This is not a material planning consideration in the
determination of the current application. 
 The plan shows the removal of 5 trees which would detract from the
appearance of the settlement, and no provision appears to be made for
replacement planting. 
Comment: The current proposal provides an indicative footprint for a new
dwelling that would indicate that this could be accommodated in a manner
which would involve removal of a small number of trees that encroach on the
existing building and its immediate surrounds whilst allowing retention of the
majority of tree cover and thereby avoid any significant adverse impact upon
the setting of the existing settlement. It is noted that in the event that planning
permission in principle were to be granted it would however be appropriate
to secure further detail of proposals for tree retention/protection/felling for
assessment and approval. 
 Concern is raised that the existing access to Auchnagoul is by a rough
single track road with no passing places. The proposals do not include
any mention of upgrades to the road or permission of the land owner to
implement such works. 
Comment: This concern is noted. Further commentary on the suitability of
the access regime to serve further development is contained within the
assessment below. 
 Concern is raised that the proposal will impact upon the pressure of the
water main serving existing properties. Assurance is sought that the
water pressure will not be affected. 
Comment: It is noted that Scottish Water have not objected to the proposal.
It is further advised that the impact upon water pressure of existing users
would be a matter to be resolved directly with Scottish Water in the event
that they permitted a connection to a new development. This is not a material
planning consideration in the determination of the current application. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of:
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(i) Environmental Statement: No  
(ii) An appropriate assessment under the
Conservation (Natural Habitats) Regulations
1994:   
No  
(iii) A design or design/access statement:    Yes  
Design Statement (09.12.2020) 
The document identifies that the application site contains an existing
stone built building which is assumed to have originally been utilised
as a croft house before subsequently being repurposed as a byre. 
It is contended that the proposed new dwelling would not create an
undue additional burden on the existing private access. It is
suggested that additional passing places could be provided along the
track to improve road safety. It is also intimated that the acceptance
of one additional dwelling should be accepted without requirement to
upgrade the road to adoption standard as no other development
would be permitted at this rural location. 
Officer Comment: It is noted that the assertion that there is no further
opportunity for development in this locality is incorrect as there are
further areas of ‘settlement area’ and rural opportunity served by the
private access which indicate potential capacity/demand for
development beyond the scope of the current application site. This is
directly evidenced by a recent application (ref. 21/02192/PPP) on
adjoining land within the ‘settlement area’. This was withdrawn prior
to determination following unresolvable objections raised by ABC
Roads and Transport Scotland. 
It is proposed to create a modest family home by demolishing the
existing stone built building and replacing this with a modest building
of design and finishes that reflect the vernacular design of the existing
settlement. It is suggested that the existing building forms the basis
of the development and is retained with minimal modifications. The
proposed palette of materials would likely incorporate natural stone,
timber windows and doors, metal down pipes and gutters, slate or
corrugated metal roofing, natural larch cladding. 
Officer Comment: It is noted that the Agent for the application clarified
elsewhere in correspondence dated 08.12.20 that the existing byre
would be demolished although this does not appear to have been
corrected in the Design Statement. 
Correspondence with Transport Scotland in Response to
Recommendation of Refusal (dated 03.02.2021) 
It is highlighted that Transport Scotland did not raise objection to
another application (19/01422/MIN) utilising the junction with the
A83(T) at this location. It is contended that Transport Scotland have
been inconsistent in raising objection to the current application but
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permitting a commercial use involving slow moving HGV and operator
vehicles to utilise the junction. 
It is suggested that Transport Scotland’s acceptance of the borrow pit
application indicates that circumstances have changed since their
previous recommendation to refuse application ref. 09/00745/PP in
2009 and clarification was requested on that issue. 
Transport Consultant Report (dated 05.02.2021)   
It is contended that the current application site forms part of an
agricultural holding and as such there is nothing impeding the
applicant from continuing to utilise the access for agricultural purposes
which would generate on average 2-2.5 two way trips on a daily basis.
It is suggested that the replacement of the existing agricultural activity
by the proposed dwellinghouse would not generate additional traffic
movements. It is also contended that agricultural vehicles are
generally cumbersome and slow moving compared to a private car
and as such the proposal could provide an improvement over existing
circumstances. It is contended that this position also addresses the
concerns raised by the Council’s Roads Officers. 
It is contended that previous acceptance of Transport Scotland of the
use of the junction with the A83(T) by HGV forestry related movements
on the basis that their increased height affords enhanced visibility over
that of other vehicles is erroneous as visibility splay standards are
regulated on the basis of visibility over 1.05m in height (i.e. aligned
private cars). It is also contended that HGV traffic is slower moving
and likely to give rise to greater risk of disruption to freeflow of traffic
and road safety than the movement of smaller vehicles. A similar
position is stated in relation to both Transport Scotland and ABC
Roads position relating to a borrow pit development (19/01422/MIN). 
Officer Comment: It is noted that this further information was subject
to additional consultation with both Transport Scotland and ABC
Roads; both provided further responses maintaining their objection to
the current application. 
Transport Scotland provided further commentary (22.02.21) accepting
that there is some usage associated with the existing byre that could
potentially cease or decrease if it were replaced by a dwellinghouse.
It was however noted that any such reduction could not be guaranteed
and as such their position remains that the development (in addition
to the existing 5 dwellinghouses served by the access) would be
expected to result in a potential intensification of use of a substandard
junction with the A83(T). 
Transport Scotland further note that whilst the traffic associated with a
single dwellinghouse is unlikely to be significant on its own, given the
number of existing properties which already utilise the access they
remain of the opinion that no further intensification should be
permitted. It is advised that visibility to the left is between 120-130m
and 196-215 to the right at set back distances of 4.5m and 2.4m. The
visibility to the left is consequently well below the desired standard of
215m and there is little scope to improve this given the position of the
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access close to the brow of a hill, It is also observed that the stopping
distance of traffic approaching the access is also well below the
desirable minimum standard set out in the Design Manual for Roads
and Bridges. 
In relation to the borrow pit permission (19/01422/PP) Transport
Scotland have commented that this related to the extension of an
existing borrow pit and that a maximum of 10 low loader trips were
expected for the purpose of mobilisation and demobilisation, and that
all other trips were generated within the forest area. 
Transport Scotland also confirm that the concerns relating to
09/00745/PP have not been alleviated by any material change in
circumstances of the access of the development site.
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   No   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  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)
(delete as appropriate) 
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 6 – Forestry, Woodland and Trees
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings
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
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‘Argyll and Bute Local Development Plan’ Adopted March 2015 
(delete as appropriate) 
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 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 
Local Development Plan Schedules 
‘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 6 – Impact on Trees / Woodland
SG LDP ENV 7 – Water Quality and the Environment 
Landscape and Design 
SG LDP ENV 14 – Landscape 
Historic Environment and Archaeology 
SG LDP ENV 20 – Impact on Sites of Archaeological Importance 
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 4 – Contaminated Land
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New
Development 
Transport (Including Core Paths) 
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 6 – Vehicle Parking Provision 
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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. (delete as appropriate) 
Chief Planner’s Letter 08.2.2023 – Transitional Arrangements for NPF4 
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The reporters have
written to Argyll and Bute Council regarding the Proposed Local Development Plan 2, which
is currently at Examination. Due to the status of the revised draft National Planning
Framework 4 the reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material consideration it is now
subject to this further assessment against NPF4 policies. Therefore, it considered
appropriate not to attach significant weight to PLDP2 policies during this time, i.e. until the
consequences of NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not received
objections and are not being dealt with at the Examination may continue as strong
material considerations, e.g. allocations and potential development areas. 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  No    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  No 
(M) Has a sustainability check list been submitted:  No 
(N) Does the Council have an interest in the site:  No 
(O) Requirement for a hearing: No    
(P) Assessment and summary of determining issues and material considerations 
The proposal seeks Planning Permission in Principle for a site for the erection of a
dwellinghouse on land to the North of Swallowtale, Achnagoul, Inveraray. Aside from
details of site access, only indicate detail of siting and services has been provided
for assessment at this time. The application site has previously been the subject of
an earlier application for planning permission (09/00745/DET) for the erection of a
dwellinghouse and an office which was refused due to concern about the suitability
of the access to serve the development. 
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. 
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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 the Argyll and Bute
Local Development LDP DM 1 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. 
The application site is located within the ‘settlement area’ of Achnagoul as defined
by the Argyll and Bute Local Development Plan 2015, wherein the provisions of policy
LDP DM 1, LDP 8 and SG LDP HOU 1 set out a general presumption in favour of
‘small scale’ housing development on appropriate sites, and subject to compliance
with all other relevant provisions of the Development Plan. The current proposal for
a single dwelling would fall within the definition of ‘small scale’. NPF4 Policy 9 sets
out support in principle for the sustainable reuse of brownfield land, including vacant
and derelict land and buildings subject to consideration of impact upon biodiversity
and potential contaminants from previous uses. 
The application site relates to an area of 0.36 hectares which is currently occupied
by a derelict stone outbuilding, and native broadleaf woodland that forms part of the
setting for the wider settlement area. The submitted site plan indicates that the
proposed new dwellinghouse would be erected on the footprint of the existing
outbuilding, the existing site access would be upgraded and car parking formed
onsite. The applicant has claimed that the stone outbuilding forms part of a registered
agricultural unit however, at the time of inspection by officers, there was no evidence
to suggest that the site area currently formed part of a working farm operation. 
The replacement of the existing outbuilding with a dwelling of modest proportion and
traditional design emphasis would be considered to be in keeping with the existing
settlement pattern, would not give rise to any adverse landscape impact, and is
sufficiently removed from neighbouring property that there is reasonable prospect
that any concerns relating to privacy or amenity could be addressed through siting
and design. The development of the site would necessitate some removal of existing
self-seeded tree cover, it is however evident that trees have encroached upon the
previously developed area around the outbuilding and it is considered that, subject
to appropriate mitigation (tree survey and confirmation of minimal tree removal to
accommodate the development) that there would not be any significant impact on
the wider areas of woodland surrounding the site. It is considered that the site is
capable of being developed in a manner that would be consistent with the relevant
provisions of NPF4 Policy 6, LDP 3, LDP 9, SG LDP ENV 6, SG LDP ENV 14, and
SG LDP Sustainable Design. 
The application site is not located within a conservation area or within the immediate
setting of any listed building or scheduled ancient monument. The West of Scotland
Archaeology Service have however identified that the application site is located
within a landscape that is populated with recorded archaeological sites and noted
that as the proposal would affect the upstanding remains the area of ground to be
disturbed has a good chance of unearthing visible or buried unrecorded remains that
may survive below ground level. WoSAS have advised that in the event that planning
permission were to be granted that development be subject of a programme of
archaeological works. Such mitigation measures would be consistent with the
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requirements of policy LDP 3 and SG LDP 20 and could readily be secured by
suspensive planning condition. 
The details accompanying the application identify that water would be by connection
to an existing water supply and foul drainage would be to a new package treatment
plant. Scottish Water have not raised objection to the proposed connection to the
public water supply. The application site is not located in an area served by public
drainage and accordingly the installation of a private drainage solution is, in principle,
consistent with the relevant provisions of policy LDP 10 and SG LDP SERV 1. 
The Council’s Contaminated land Officer has identified that the proposed
development involves the redevelopment of land where there is an indication that
previous use which may be contaminative. The land is associated with agricultural
buildings and has previously been occupied by a number of structures whose
relationship with nearby historic lime kilns is uncertain. It is advised that further
investigation of potential land contamination would be required, and in the event that
permission were to be granted this could be addressed by means of a suspensive
planning condition to ensure compliance with NPF Policy 9, policy LDP 10 and SG
LDP SERV 4. 
Access to the site would be off of an existing private access that connects to the
A83(T). The application site is located some 600m from the junction with A83(T)
when following the alignment of the private access. There is ample room within the
boundary of the application site to provide onsite parking and turning that would
comply with SG LDP TRAN 6. The proposal would also require to include appropriate
refuse collection facilities to comply with the requirements of NPF4 Policy 12, policy
LDP 10 and SG LDP SERV 5(b) although these could potentially be addressed by
means of planning condition. 
The provisions of NPF Policy 13(g) set out that development proposals that have the
potential to affect the operation and safety of the Strategic Transport Network will be
fully assessed to determine their impact. Where it is identified that existing
infrastructure does not have the capacity to accommodate a development without
adverse impact on safety or unacceptable impacts on operational performance then
the cost of the mitigation measures required to ensure the continued safe and
effective operation of the network should be met by the developer. 
In this instance the development has been identified to impact upon the safety and
free flow of traffic on the A83 Trunk Road, in addition to concern being raised about
the suitability of the private access regime serving the development to accommodate
additional traffic. 
The provisions of policy LDP 11 set out a requirement that an appropriate standard
of access is delivered to serve new developments, including off-site highway
improvements where appropriate. 
This requirement is specified in more detail within SG LDP TRAN 4 (2) which sets
out that further development that utilises an existing private access or private road
will only be accepted if: 
i) The access is capable of commensurate improvements considered by the
Roads Authority to be appropriate to the scale and nature of the proposed
new development and that takes into account the current access issues
(informed by an assessment of useage); AND the applicant can;
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ii) Secure ownership of the private road or access to allow for
commensurate improvements to be made to the satisfaction of the
Planning Authority; OR,
iii) Demonstrate that an appropriate agreement has been concluded with the
existing owner to allow for commensurate improvements to be made to
the satisfaction of the Planning Authority. 
The current application has been subject to objections from both Transport Scotland
and the Council’s Roads Service. 
In this particular instance Transport Scotland has advised that the existing junction
with the A83 gives cause for concern in two respects: 
i) that the proposal will result in an increase in the number of vehicles entering
and leaving the traffic stream at a point where visibility is restricted thus
causing interference with the safety and free flow of traffic on the trunk road,
and; 
ii) that the proposal would result in an intensification of waiting and right turning
manoeuvres from the trunk road at a location where forward visibility for
approaching westbound traffic on the trunk road is substandard thus creating
interference with the safety and free flow of traffic on the trunk road. 
The Council’s Roads Service has advised that the private access serving the
development already serves five dwellings and is considered to be unsuitable for
further development due to the condition of the surface and insufficient passing
places. It is noted that the land required for the provision of commensurate
improvements to provide additional passing places/improved road surface lies
outwith the land identified as being within the control of the applicant in this instance. 
The provisions of policy LDP 11 and SG LDP TRAN 4 of the ‘Argyll and Bute Local
Plan’ 2015 set out that the Council will seek to resist development where an existing
private access regime is considered to be of such poor standard as to be unsuitable
for vehicular traffic and is not capable of commensurate improvements unless the
private access is brought up to a full adoptable road. 
The land necessary for the upgrade of the existing junction with the A83,
improvement of forward visibility to westbound traffic on the A83 and, the
improvement of the private access to adoptable standard is located both outwith the
application site boundary and land within the control of the applicant and
consequently the requisite offsite highway improvements cannot be secured within
the confines of the application as submitted and the proposed development is
consequently, in view of the above, considered likely to have a significant adverse
impact upon highway safety. 
The applicant has submitted supporting information from a Transport Consultant
which has sought to contend both that Transport Scotland are inconsistent in their
approach citing their support for development involving forestry activity off of this
junction with the A83(T) and also that some allowance should be made in recognition
of claimed agricultural activity associated with the application site. A summary of the
supporting claims, further input from Transport Scotland, and officer comment on
these matters is set out in Section G above. 
(Q) Is the proposal consistent with the Development Plan: No
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(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal is considered to be contrary to NPF4 Policy 13, and policy LDP 11 and
SG LDP TRAN 4 of the Argyll and Bute Local Development Plan 2015, and there are
no other material considerations of sufficient significance to indicate that it would be
appropriate to grant planning permission in this instance as a departure to the
Development Plan having regard to s25 of the Act. 
(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:
None unless it were proposed to grant permission contrary to the recommendation
of Transport Scotland.   
Author of Report: Peter Bain Date: 10.02.2023 
Reviewing Officer: Sandra Davies Date: 17.02.2023 
Fergus Murray
Head of Development and Economic Growth 
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 20/01901/PPP 
1. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP TRAN
4 of the adopted Argyll and Bute Local Plan 2015 as the proposed development would
result in increasing the number of vehicles entering and leaving the traffic stream on
the A83 (T) at a point where visibility is restricted, thus creating interference with the
safety and free flow of the traffic on the trunk road.  
2. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP TRAN
4 of the adopted Argyll and Bute Local Plan 2015 as the proposed development would
result in an intensification of waiting and right turning manoeuvres from the A83 (T)
trunk road at a location where forward visibility for approaching westbound traffic on
the trunk road is substandard thus creating interference with the safety and free flow
of the traffic on the trunk road.  
3. The development conflicts with NPF4 Policy 13, and policy LDP 11 and SG LDP TRAN
4 of the adopted Argyll and Bute Local Plan 2015 in so much as the lengthy
substandard private access which already serves 5 dwellings would need to be
brought up to adoptable standard to serve the development proposed; being suitably
surfaced and provided with appropriate passing places, and over which the applicant
has no control, given that land required for such improvement lies beyond the
application site and outside the ownership of the applicant.      
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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application 20/01901/PPP 
(A) Has the application been the subject of any “non-material”
amendment in terms of Section 32A of the Town and Country
Planning (Scotland) Act 1997 (as amended) to the initial
submitted plans during its processing.
No 
(B) The reason why planning permission has been refused: 
The proposal is considered to be contrary to NPF4 Policy 13, and policy LDP
11 and SG LDP TRAN 4 of the Argyll and Bute Local Development Plan 2015,
and there are no other material considerations of sufficient significance to
indicate that it would be appropriate to grant planning permission in this
instance as a departure to the Development Plan having regard to s25 of the
Act.
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Roads & Infrastructure Services originally refused this application as the private substandard 
access already serves 5 dwellings. Council policy clearly states, developments with more 
than five dwellings should be served by a road to an adoptable standard. There is however 
some scope for further development on existing private access, provided the applicant can 
carry out commensurate improvements, basically upgrading the private successes to a safe 
standard for both drivers and pedestrians. This could be carried out under SG LDP TRAN 4.  
 
COMMENSURATE IMPROVEMENTS TO THE EXISTING PRIVATE ACCESS 
 
1. Private access to be widened out to 3.25 metres. 
2. Passing places to be constructed as per the Council’s standard detail drawing ref: SD 
08/003 Rev a, copy attached for info. The passing places should be at a maximum 
spacing of 150 metre intervals. The construction of the passing places to be type ‘A’ 
as the private access is unsurfaced.  
3. A verge to be provided to allow for safe step offs. Verge width to be 1.50 metres 
minimum. 
4. Existing road surface to be regraded and all potholes filled. 
5. Turning head for a commercial vehicle to be provided.  
6. I have attached a copy of the Council’s Supplementary Guidance and an extract, for 
ease of reference.  
7. The commensurate improvements would need to be completed prior to any work 
starting on site as consideration needs to be given to existing residents. Construction 
traffic etc. Road safety should never be compromised. 
8. The applicant would need to submit a plan showing all of the commensurate 
improvements, for approval by Roads & Infrastructure Services.   
 
Unfortunately the private access is out with the site edged red, the private road and the 
land required for the commensurate improvements may be out with the applicant’s 
control.    
 
CONNECTION OF PRIVATE ACCESS TO A83 TARBET – CAMPBELTOWN TRUNK ROAD 
 
1. As the junction with the Trunk Road is regarded sub‐standard, Roads & 
Infrastructure Services would not regard this private access as being suitable for 
upgrading to an adoptable standard.  
2. The private access was used by construction traffic related to the new power lines 
but the access was well signed to warn drivers. I have attached some images taken 
from Google Street View which shows the temporary signage on each approach, for 
info.  
 
Please note, Argyll & Bute Council, Roads & Infrastructure Services can’t speak on Transport 
Scotland’s behalf but Roads & Infrastructure Services would like to point out the visibility 
splays do not comply with Council standards for a strategic route.     
 
Regards 
 
James 
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James Ross 
Traffic & Development Officer MAKI 
Argyll & Bute Council 
Roads & Infrastructure Services 
1A Manse Brae 
Lochgilphead 
Argyll 
PA31 8RD 
Tel. 01546 604655 
e mail. james.ross@argyll‐bute.gov.uk 
 
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Extract SG LDP TRAN 4
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[Type text]
1 
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SUPPLEMENTARY GUIDANCE
Seirbheis Planaidh Earra-Ghàidheal is Bhòid 
Adopted March 2016
Argyll and Bute Local Development Plan
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Argyll and Bute Local Development Plan –
Supplementary Guidance 
NATURAL ENVIRONMENT
SG LDP ENV 1  Development Impact on Habitats, Species and our Biodiversity 5
SG LDP ENV 2  Development Impact on European Sites 10
SG LDP ENV 4  Development Impact on Sites of Special Scientific Interest (SSSIs) and
National Nature Reserves 10
SG LDP ENV 5  Development Impact on Local Nature Conservation Sites (LNCS) 12
SG LDP ENV 6  Development Impact on Trees / Woodland 13
SG LDP ENV 7  Water Quality and the Environment 15
SG LDP ENV 8 Green Networks 16
SG LDP ENV 9 Development Impact on Areas of Wild Land 23
SG LDP ENV 10  Geodiversity 24
SG LDP ENV 11  Protection of Soil and Peat Resources 25 
LANDSCAPE AND DESIGN
SG LDP ENV 12  Development Impact on National Scenic Areas (NSAs) 27
SG LDP ENV 13  Development Impact on Areas of Panoramic Quality (APQs) 29
SG LDP ENV 14  Landscape 30
SG LDP ACE 1 Area Capacity Evaluation 31 
HISTORIC ENVIRONMENT AND ARCHAEOLOGY
SG LDP ENV 15  Development Impact on Historic Gardens and Designed Landscapes 41
SG LDP ENV 16(a)  Development Impact on Listed Buildings 43
SG LDP ENV 16(b)  Demolition of Listed Buildings 46
SG LDP ENV 17  Development in Conservation Areas and Special Built Environment Areas 48
SG LDP ENV 18  Demolition in Conservation Areas 50
SG LDP ENV 19  Development Impact on Scheduled Ancient Monuments 51
SG LDP ENV 20  Development Impact on Sites of Archaeological Importance 52
SG LDP ENV 21  Protection and Enhancement of Buildings 54 
SUPPORT FOR BUSINESS AND INDUSTRY: GENERAL
SG LDP BUS 1 Business and Industry Proposals in Existing Settlements and Identified
Business and Industry Areas 55
SG LDP BUS 2 Business and Industry Proposals in the Countryside Development
Management Zones 57
SG LDP BUS 3 Safeguarding Existing Business and Industry Sites 59
SG LDP BUS 4 Strategic Industrial and Business Locations 60
SG LDP BUS 5 Economically Fragile Areas 61 
SUPPORT FOR INDUSTRY AND BUSINESS
SG LDP TOUR 1 Tourist Facilities and Accommodation, including Static and Touring
Caravans 63
SG LDP TOUR 2 Safeguarding Valued Tourist Areas Vulnerable to Change of Use 65
SG LDP TOUR 3  Promoting Tourism Development Areas 66
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RETAIL DEVELOPMENTS (INCLUDING CHANGES OF USE TO AND FROM SHOPS)
SG LDP RET 1 Retail Development in the Main Towns and Key Settlements – The
Sequential Approach 67
SG LDP RET 2 Change of Use to and from Use Class 1 (Shops) in the Core Shopping
Areas of the Main Town Centres 69
SG LDP RET 3 Retail Development in the Key Rural Settlements, Villages and Minor
Settlements 70
SG LDP RET 4 Retail Development within Countryside Development Management
Zones 71
SG LDP RET 5 Change of Use of Shops outwith Designated Town Centres 72 
GENERAL HOUSING DEVELOPMENT
SG LDP HOU 1  General Housing Development Including Affordable Housing Provision 73
SG LDP HOU 2  Special Needs Access Provision in Housing Developments 83 
HOUSING GREENSPACE
SG LDP HOU 3  Housing Green-Space 84 
RESIDENTIAL CARAVANS AND SITES
SG LDP HOU 4  Residential Caravans and Sites (for Permanent Homes) 85 
SPORT, LEISURE, RECREATION AND OPEN SPACE
SG LDP REC/COM 1 Sport, Recreation and Community Facilities 86
SG LDP REC/COM 2 Safeguarding Sports Fields, Recreation Areas and Open Space
Protection Areas 87 
KEY RURAL SERVICES
SG LDP REC/COM 3 Safeguarding Key Rural Services 88 
COMMUNITY PLANS AND NEW OR EXTENDED CROFTING TOWNSHIPS
SG LDP COM 2  Community Plans and New/Extended Crofting Townships 89 
PLANNING GAIN
SG LDP PG 1  Planning Gain 91 
ENFORCEMENT ACTION
SG LDP ENF Enforcement Action 92 
DEPARTURES FROM THE LOCAL DEVELOPMENT PLAN
SG LDP DEP Departures to the Local Development Plan 93 
BAD NEIGHBOUR DEVELOPMENT
SG LDP BAD 1  Bad Neighbour Development 94
SG LDP BAD 2 Bad Neighbour Development in Reverse 94 
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SHOPFRONT AND ADVERTISING DESIGN PRINCIPLES
SG LDP ADV 1 Advertisements 95
SG LDP Shop front Shop front/Advertising Design Principles 96 
SUSTAINABLE SITING AND DESIGN
SG LDP Sustainable Sustainable Siting and Design Principles 100 
RESOURCES AND CONSUMPTION
SG LDP SERV 1  Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systems 109
SG LDP SERV 2  Incorporation of Natural Features / Sustainable Drainage Systems (SuDS) 111
SG LDP SERV 3  Drainage Impact Assessment 112
SG LDP SERV 4  Contaminated Land 113
SG LDP SERV 5  Waste Related Development and Waste Management 114
SG LDP SERV 5(b)  Provision of Waste Storage and Collection Facilities within New 
Development 115
SG LDP SERV 5(c)  Safeguarding Existing Waste Management Sites 115
SG LDP SERV 6  Private Water Supplies and Waste Conservation 117
SG LDP SERV 8 Development in the Vicinity of Notifiable Installations 120
SG LDP SERV 9  Safeguarding Better Quality Agricultural Land 121 
ADDRESSING CLIMATE CHANGE
SG LDP SERV 7  Flooding and Land Erosion – The Risk Framework for Development 122
SG LDP Sust Check Sustainability Checklist 124 
MINERALS
SG LDP MIN 1  Safeguarding of Mineral Resources 126
SG LDP MIN 2  Mineral Extraction 127 
TRANSPORT (INCLUDING CORE PATHS)
SG LDP TRAN 1 Access to the Outdoors 129
SG LDP TRAN 2 Development and Public Transport Accessibility 132
SG LDP TRAN 3 Special Needs Access Provision 134
SG LDP TRAN 4 New and Existing, Public Roads and Private Access Regimes 135
SG LDP TRAN 5 Off-site Highway Improvements 139
SG LDP TRAN 6 Vehicle Parking Provision 140
SG LDP TRAN 7 Safeguarding of Airports 145 
TELECOMMUNICATIONS
SG LDP TEL 1  Telecommunications 146 
LIST OF SETTLEMENTS
List of Settlements  148 
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Argyll and Bute Local Development Plan – Supplementary Guidance
Natural Environment
1.1 Explanation of Policy Objectives
1.1.1 Argyll and Bute is an internationally important area for nature and has the richest
biodiversity in Scotland which provides us with a diverse range of the best examples in land-use,
freshwater, marine and coastal habitats and species. 
1.1.2 Biodiversity simply means the variety of life that surrounds and sustains us.  This includes all
living things both plant and animal, including people and the environment of which they are part. 
1.1.3 In Argyll and Bute there are strong economic and social as well as moral and aesthetic,
arguments for conserving biodiversity. Habitats and species could be lost to insensitive development
and can never be replaced once lost.  In order to ensure that biological diversity (or “biodiversity”) is
as rich as possible, it is very important that every opportunity is taken to protect and enhance the
quality of the wider environment. 
SG LDP ENV 1— Development Impact on Habitats, Species and our
Biodiversity
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
(A) When considering development proposals Argyll and Bute Council will give full
consideration to the legislation, policies and conservation objectives, contained within the
following:-
(i) Habitats and Species listed under Annex I,II & IV of  the Habitats Directive;
(ii) Species listed under Annex I & II of the Birds Directive  and Red and Amber status in ‘Birds
of Conservation Concern’;
(iii) Article 10 Features under the Habitats Directive;
(iv) Wildlife and Countryside Act 1981;  (and as amended by the Nature Conservation (Scotland)
Act 2004); Species listed on Schedules 1, 5, 7, 8, 9 and 14;
(v) Wildlife and Natural Environment (Scotland) Act 2011.  A Code of Practice on Non-Native
Species supports this Act.
(vi) Protection of Badgers Act 1992
(B) When considering development proposals the Council will also seek to contribute to the
delivery of the objectives and targets set by the Local Biodiversity Action Plan (LBAP) and the
Scottish Biodiversity Strategy.  Proposals that incorporate and safeguard existing site interests
within the design wherever possible will be encouraged.  Applications for medium and large
scale developments will be required to complete a biodiversity checklist
Where there is evidence to suggest that a habitat or species of European, national and/or local
importance exists on a proposed development site or would be affected by the proposed
development, the Council will require the applicant, at his/her own expense, to submit a
specialist survey of the site’s natural environment, and if necessary a mitigation plan, with the
planning application.
Development proposals which are likely to have an adverse effect on protected species and
habitats will only be permitted where it can be justified in accordance with the relevant
protected species legislation (contained within this Supplementary Guidance) or otherwise
present the equivalent information within any required Environmental Impact Assessment (EIA). 
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1.1.4 The aim of this SG is to give stronger protection, and where appropriate seek enhancement,
to habitats and species, even when they are not associated with specifically designated nature
conservation sites.
1.1.5 At the same time it requires the early completion of a biodiversity checklist by developers,
which includes invasive non-native species for medium and larger scale developments to help alert
developers to potential biodiversity issues in an effort to avoid delay and unnecessary expense.
1.1.6 The Wildlife and Natural Environment (Scotland) Act 2011 modernises legislation on the
management of wildlife and improves legislative provision for invasive non-native species where
they become established and cause adverse ecological, environmental or economic impacts. A Code
of Practice on Non-Native Species supports this Act.
1.1.7 The Argyll and Bute Local Biodiversity Action Plan (LBAP) was renewed in 2010 and forms
part of the Environmental SG that is linked to this policy. The LBAP identifies habitats and species
important in the local context and includes Action Plans for their conservation and enhancement. 
1.1.8 The Scottish Biodiversity List is a list of flora, fauna and habitats considered of principal
importance for the conservation of biodiversity. The overall list is the sum of four smaller lists:
• Terrestrial and fresh water species
• Terrestrial and freshwater habitats
• Marine species and habitats
• Culturally important species and habitats (identified by the Scottish public)
1.1.9 This SG conforms to:
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• LDP Key Objectives E & I
• EU Water Framework Directive
1.1.10  Background Information and Guidance:
• Argyll and Bute Local Biodiversity Action Plan (LBAP)
• List of international, European, national and local designated sites.
• The Scottish Biodiversity List
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SITE BIODIVERSITY CHECKLIST   - initial observations - Sheet 1
Site location:  OS Ref:
Site Ref No:       Date:
Habitat Interest      
Present   Size I    √  
Wildlife Interest and Invasive Non-Native
Species- circle appropriate species 
Yes/No Area I 
Survey
Wildlife
Corridor
Yes/No LBAP   Survey 
Species
Designated Site Breeding Birds
Trees Mammals/General
Tree Line Otters(EPS), Water
Vole, Badger, 
Woodland or Orchard Red and/or Grey
(INNS) Squirrels,
Hedges Bats (EPS)
Farmland Amphibians and
Reptiles inc. Great
Crested Newt (EPS)
Grassland Trees
Scrub Plants
Water courses Lichens and mosses
Ponds/Standing water
Rough
Grassland/moorland
Invasive Non-Native
Species- (INNS)
Japanese Knotweed
etc see Sheet 3.
Peatlands -Bogs/Wetland Other
Walls or Stone Dykes please specify e.g
Building
New Build
Coastal and Marine
External influence of Development
On water courses
Increased public pressure on designated
sites 
Wildlife corridors
Habitat isolation or fragmentation
Other
Measures recommended:  See Biodiversity Supplementary Guidance for European  
Protected Species (EPS) and Protected Species (PS)
Monitoring Agreed- with the following agencies- see below
Checklist – Organisations Contacted:
• SNH – state which office
• SEPA – state which office
• FCS – state which office
• RSPB – state which office
• SWT – state which office 7
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SITE BIODIVERSITY CHECKLIST REPORT - Sheet 2
Property Reference: Full Address: Forms completed by:
Grid ref: Designated Sites-  please circle the relevant type and in or adjacent ( i/a)
Type:
In or
adjacent=
i  or  a
SSSI
i/ a
LNCS
i/ a
SAC
i/ a
MCA
i/ a
MPA
I/ a
SPA
i/a
LNR
i/a
NNR
i/a
G&DL
i/a 
other:
Notes:
Habitat- dominant Adjacent habitats- i.e. rivers, lochs, peatlands etc
Species in Building/
Structure: Note evidence
Location with Building/Structure eg Walls, Underground sites, Roofs, Interior, Ponds/Water
Features:
Recorded by: Date:
Recommendations for of each Habitat and Species:
Species: note evidence,
prints, spraint, droppings…
Seasonal Constraints: optimum time Organisations Contacted:
See: Biodiversity Technical Note
Action to be Undertaken, Date & Initials:
See Supporting  Notes
Ecological Survey  √ box 
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CHECK LIST FOR INVASIVE NON-NATIVE SPECIES (INNS),  CONTROL AND MANAGEMENT-  Sheet 3
1. Site Map required Identify Areas for Action:  Locate on site map and name eg. Area 1, Area 2 etc  and attach map
2. Identify Landowner ( if applicable) Set up a meeting to discuss and agree the management of the INNS.
3. Prioritise in terms of benefits
Rate 1-10
i. Habitat ii. sight line iii. Properties iv. Neighbours
4. Liaise with the Local Authority and
relevant agencies- i.e. SNH, SEPA or
Marine Scotland.
Yes/ No
Gather  Information on habitat  by using  Biodiversity Check Lists Sheet 1 and 2
5. Draw up programme of work over a
three year period and cost (include
equipment, materials, professional and
volunteer effort etc) See example Year 1.
Date
00/00/0000
Area
according to
site map-
Area 1.
INNS
species
type
Control measure-
type of chemical/
application rate
Cost /
application
Photographs Observation
date; year 2
onwards and
% rate of
success
Year 1 Area 1, 2, and
3...
Japanese
Knotweed
Eg. Glyphosate; Rate:
amount/m2
£/ App. yes 00/00/0000;
80% success
Year 2
Year 3
http://www.invasivespeciesscotland.org.uk/
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SG LDP ENV 4 – Development Impact on Sites of Special Scientific Interest
(SSSIs) and National Nature Reserves
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
In all Development Management Zones development which would affect Sites of Special
Scientific Interest and National Nature Reserves will only be permitted where it can be
adequately demonstrated that either:
(A) The objectives of designation and the overall integrity of the area will not be compromised;
OR,
(B) 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 and
the need for the development cannot be met in other less ecologically damaging locations or by
reasonable alternative means.
1.1 Explanation of Policy Objectives - SG LDP ENV 2 & 4
1.1.1 Argyll and Bute is an exceptionally important area for nature with international and national
sites being designated.  Protection is afforded at a national level through Site of Special Scientific
Interest (SSSI) designations. Overlaying these designations, however, is protection now offered to
some of these sites that are considered to be of European significance.  These are known as Special
Areas of Conservation (SAC) under the Habitats Directive and Special Protection Areas (SPA) under
the Birds Directive.  Collectively these are known as Natura 2000 sites.  Some SSSIs have also been
SG LDP ENV 2 – Development Impact on European Sites
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
In all Development Management Zones development not directly connected with or necessary
to the conservation management of a European site, proposed European site or Ramsar site and
which is likely to have a significant effect on the site (either individually or in combination with
other plans or projects) will be subject to an appropriate assessment.  Where it cannot be
ascertained that the development would not adversely affect the integrity of the site it will not
be supported unless:  
(A) There is no alternative solution; AND,
(B) There are imperative reasons of over-riding public interest that may, for sites not hosting a
priority habitat type and/or priority species, be of a social or economic nature.
Where the European site hosts a priority habitat type and/or a priority species (as defined in
Article 1 of the Habitats Directive), the reasons referred to at (B) must relate to human health,
public safety or beneficial consequences of primary importance to the environment, or other
reasons which in the opinion of the European Commission (via Scottish Ministers) are
imperative reasons of overriding public interest.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Natural Environment
declared as National Nature Reserves (NNR), which are concerned with management, education and
public access. There is a requirement through legislation to protect all these sites from development
that would have a detrimental impact upon their special environmental characteristics.
1.1.2 In the coastal area, Marine Consultation Areas have also been identified. These areas are
non-statutory and help guide the Council’s consideration of development proposals. 
1.1.3 All designated sites listed in SG LDP ENV 2 & 4 have been included in the Local Development
Plan Proposal Maps.  
1.1.4 Argyll and Bute Council will seek to work in co-operation with other competent
authorities/agencies and local communities to secure the conservation objectives of European sites
dependant on wider management, such as marine sites.  It will also encourage the management of
features of the landscape, which are of major importance for wild flora and fauna.
1.1.5 SG LDP ENV 2 & 4 conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• LDP Key Objectives E & I]
• EU Water Framework Directive
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SG LDP ENV 5 - Development Impact on Local Nature Conservation Sites
(LNCS)
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Development that would have an adverse effect on the integrity of the Local Nature
Conservation Sites will not be supported unless the developer satisfactorily demonstrates that:
(A) Such adverse effects are clearly outweighed by social, environmental or economic benefits
of community wide importance arising from the development proposal, and,
(B) The Council is satisfied that all possible mitigation measures have been incorporated to
minimise the adverse effects on the interests of the site.
Where development is allowed which could affect an LNCS, including beyond their boundaries,
the developer must demonstrate that adequate measures will be taken to conserve and
enhance the sites’ ecological, geological and geomorphological interest.
1.1 Explanation of Policy Objectives
1.1.1 The aim of this policy is to give Local Nature Conservation Sites protection from damaging
development.
1.1.2 These sites play a valuable role in the environment, including providing vital links between
different sites of nature conservation value, thus contributing to the development of habitat
networks. They should therefore be protected against damaging development even when the site
has been neglected or subject to poor management.  
1.1.3 All Local Nature Conservation Sites have been included in the Proposals Maps.
1.1.4 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• LDP Key Objective E & I
• EU Water Framework Directive
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Argyll and Bute Local Development Plan – Supplementary Guidance
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1.1  Explanation of Policy Objectives
1.1.1 With approximately 30% of our land coverage in Argyll and Bute under tree cover wooded
areas form a large part of our landscape character.  These areas are vulnerable to change and the
purpose of this SG is to ensure that the important features of woodland/trees are safeguarded when
development is being taken forward in both urban areas and in the countryside.
1.1.2 Tree Preservation Orders (TPOs) may be made by the planning authority to protect individual
trees, groups of trees, or whole woods (in an urban or rural setting).  If a TPO has been served,
permission is required to fell, top, lop or otherwise damage tree(s).  
1.1.3 It should also be noted that trees in Conservation Areas and Sites of Special Scientific Interest
are substantially protected due to these designations.
1.1.4 Development may provide opportunities for new planting.  This should be in accordance with
the local pattern of woodlands, thereby avoiding erosion of distinctive landscape patterns and
enhancing landscape character.
SG LDP ENV 6 - Development Impact on Trees / Woodland
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
In accordance with Schedule FW 2, Argyll and Bute Council will protect trees, groups of trees
and areas of woodland by making Tree Preservation Orders (TPOs) where this appears necessary
in the interests of amenity.
Argyll and Bute Council will also resist development likely to have an adverse impact on trees by
ensuring through the development management process that adequate provision is made for
the preservation of and where appropriate the planting of new woodland/trees, including
compensatory planting and management agreements.  
Schedule FW 2 – Features of important woodland/trees to be safeguarded include:
• The whole area of woodland or segments of woodland when these are highly valued and not
capable of absorbing development without fundamental damage occurring to the integrity,
appearance or prized features of the woodland.
• The prize features of an important woodland may include:
- the remaining part of an ancient, long established or semi-natural woodland;
- recreational value to local people;
- amenity value including within settlements,  conservation areas and the setting of listed
buildings;
- the woodland setting;
- the habitat value;
- highly valued tree specimens;
- windbreak characteristics;
- the configuration of open space, glades, network, canopy and under-storey components
within the woodland area;
- the important contribution of the woodland, as key landscape features, to local and
regional landscape character and distinctiveness.
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1.1.5 Argyll and Bute Council also seeks to protect the key environmental features of important
woodland areas.  These are set out in Schedule FW 2 of this Local Development Plan.
1.1.6 The council will also take into account Argyll and Bute Woodland and Forestry Strategy
Supplementary Guidance and The Scottish Government’s Policy on Control of Woodland Removal
when taking decisions concerning woodland and trees.
1.1.7 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• LDP Key Objectives E & I
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SG LDP ENV 7 - Water Quality and the Environment
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
In all Development Management  Zones proposals for development that could affect the water
environment will be assessed with regard to their potential impact on:
(A) Water quality and quantity, ecological status including morphology and flow rate
(B) Riparian habitats and wildlife;
(C) Geomorphic processes;
(C) Leisure and recreational facilities and users;
(D) Economic activity;
(E) The resources protected by Policy LDP 3 – Supporting the Protection, Conservation
and Enhancement of our Environment and other relevant Local Development Plan
policies and SG.
Developments that may have a significant detrimental impact on the water environment will
not be permitted unless it can be demonstrated that the impacts can be fully mitigated so as to
ensure non-deterioration of waterbody status as required by the EU Water Framework Directive
and the River Basin Management Plans covering Argyll and Bute.
1.1  Explanation of Policy Objectives
1.1.1 Argyll and Bute has a rich and varied water environment.  In addition to over 2000 miles of
coastline, the area contains numerous lochs, reservoirs, rivers, burns and wetlands.  These are
resources of value, providing leisure, and recreation opportunities and indeed employment such as
fishing, aquaculture, tourism and energy production.
1.1.2 The water environment including surface waters, waterbodies, groundwater, coastal and
estuarine waters is sensitive to development.  It can be affected directly, for example through river
engineering works and water extraction for industrial processes, and indirectly, for example through
pollution from surface water run-off, and industrial processes.  It is therefore necessary to assess the
impact of new development on the water environment.  Proposals which contribute towards
improvements or enhancements of the water environment in line with the objectives of the Argyll
and Clyde Area Management Plans will be supported. Applicants are also asked to consider the
requirements of SG LDP SERV 2 that deals with Sustainable Urban Drainage (SuDs) and SG LDP SERV 3
that deals with Drainage Impact Assessments (DIAs).
1.1.3 This SG conforms to:
• Water Environment and Water Services (Scotland) Act 2003 (WESWA);
• EU Water Framework Directive
• LDP Key Objectives E, H)) and I)
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Argyll and Bute Local Development Plan – Supplementary Guidance
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SG LDP ENV 8 – Protection and Enhancement of Green Networks
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will encourage developments to contribute towards the creation,
retention and improvement of Green Networks within and surrounding the Main Towns of
Campbeltown, Dunoon, Helensburgh, Lochgilphead/Ardrishaig, Oban and Rothesay.
Within defined Green Networks, development proposals will be expected to demonstrate that
they safeguard and enhance the environmental integrity and functionality of the Green
Network.
1.1 Justification
1.1.1 Within Argyll and Bute a Green Network, describes the connectivity of areas of open space,
natural habitats and pathways linking together natural, semi-natural and man-made corridors
including leisure/recreational space, creating an interconnected network that provides opportunities
for physical and recreational activity, enhancing biodiversity, the movement of species and the
quality of the external environment and increasing accessibility within settlements and to the
surrounding countryside.
1.1.2 Argyll and Bute has identified Green Networks within and surrounding the Main Towns of
Campbeltown, Dunoon, Helensburgh, Lochgilphead/Ardrishaig, Oban and Rothesay on maps that
accompany this guidance. 
1.1.3 Development proposals affecting these Green Networks are expected to safeguard their
integrity and improve the quality of these green networks in a manner that is proportionate to the
scale and impact of the development proposed. 
1.1.4 The purpose of this policy is to ensure that Green Networks within and around Argyll and
Bute’s main towns increasingly form attractive settings for daily life, distinctive local identities for
places, enhancing access to civic spaces, parks, playgrounds, and natural open space, and improving
health and well-being within the wider community, enhancing bio-diversity and the movement of
species, helping to mitigate against climate change, encouraging tourism and promoting sustainable
use of scarce land resources.
1.1.5 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• Green Networks in Development Planning – SNH (2012)
• LDP Key Objectives A, E & G
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Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Campbeltown
Key
Green Network
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Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Dunoon
Key
Green Network
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Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Helensburgh
Key
Green Network
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Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Lochgilphead/Ardrishaig
Key
Green Network
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Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Oban
Key
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Argyll and Bute Council
Local Development Plan
Supplementary Guidance
SG LDP ENV 8 - Protection and Enhancement of Green Networks
Green Networks - Rothesay
Key
Green Network
Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2014. All rights reserved. Ordnance Survey Licence number 100023368.
500
Meters
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Natural Environment
SG LDP ENV  9 – Development Impact on Areas of Wild Land
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will resist development proposals where it is determined that the
proposal would significantly diminish the wild character of a Wild Land Area, as identified on the
2014 SNH map of wild land areas, unless it is clearly demonstrated that these adverse effects can
be substantially overcome by siting, design or other mitigation.
1.1  Explanation of Policy Objectives
1.1.1  SPP states that Wild land character is displayed in some of Scotland’s remoter
upland, mountain and coastal areas, which are very sensitive to any form of intrusive human
activity and have little or no capacity to accept new development.
1.1.2 SNH identified Wild Land Areas in 2014 following a detailed analysis of where wildness can
be found across all of Scotland's landscapes. The wild character of parts of Argyll and Bute
provide valued elements to local and national identity. They are enjoyed for recreational
purposes and aesthetic reasons and are significantly important to the tourism industry,
attracting visitors from around the globe. These Wild Land Areas within Argyll and Bute are shown
on the proposals maps.
1.1.3 Intrinsically linked to landscape these Wild Land Areas in Scotland have been shrinking
over time. Their character is under threat, with increasing pressure from development both
within the Wild Land Areas and from the impact of development adjacent to them. This
development pressure often arises from renewables development, infrastructure development
and from aquaculture/ agricultural development, including hill tracks.
1.1.4 As Wild Land Areas have shrunk they have increased in value due to rarity, and so
now require protection to ensure their retention both for locals and visitors at the present time
and for future generations.
1.1.5 Developers submitting proposals that impact upon Wild Land Areas will be expected
to submit supporting evidence that addresses the impact on the wild character of a Wild Land
Area. This should be in the form of a detailed assessment of the actual expected impact, including
the area affected, the degree of impact and any mitigation proposed. Such proposals will only be
supported when it has been clearly demonstrated that the resultant impact of a development on
wild character can be substantially overcome by siting, design or other mitigation.
1.1.6 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• LDP Key Objectives E & I (pages 6 & 7)
1.1.7 Background Information:
• Wildness in Scotland's Countryside; SNH (2002)
• Assessing the Impacts on Wild Land; SNH (2007)
• Wild Land Areas 2014, SNH (2014)
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Natural Environment
1.1  Explanation of Policy Objectives
1.1.1 Geological diversity is an important natural factor underpinning biological, cultural and
landscape diversity and therefore an important parameter to be considered in the assessment,
protection, conservation, management and use of natural areas of Argyll and Bute. Designation of
geological and geomorphological features in Sites of Special Scientific Interest  (SSSIs) is underpinned
by the Geological Conservation Review (GCR). The GCR was designed to identify those sites of
national and international importance needed to show all the key scientific elements of the Earth
Heritage of Britain. Further information on the location of important geodiversity sites can be found
at www.argyllgeology.co.uk .
1.1.2 New development should assess the potential impacts on geodiversity by taking steps to
mitigate any damage that cannot be prevented, and identify opportunities that might benefit
geodiversity. For example, some developments might allow the creation of more rock exposures, or
offer an opportunity to re-establish natural systems; in others, planning permission may insist on
mitigation, such as future monitoring and maintenance work. For effective conservation of
geodiversity there is a need to integrate the efforts of all interested parties and seek to conserve
geodiversity in the wider landscape and not just be concerned with conservation of geological sites
or features.
1.1.3 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• Key Objective E & I
• EU Water Framework Directive
• 2 http://www.argyllgeology.co.uk/
SG LDP ENV 10 – Geodiversity
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will consider geodiversity impact when assessing development
proposals.  Development that would have a significant adverse effect on non- designated
Geological Conservation Review Sites or Local Geodiversity Sites2 will not be supported unless it
is satisfactorily demonstrated that: 
(A) Such adverse effects are clearly outweighed by social, environmental or economic benefits
of community wide importance arising from the development proposal, and
(B) The Council is satisfied that all possible mitigation measures have been incorporated to
minimise adverse effects on the interests of the site. Where possible, any resultant rock
exposures or other evidence of geodiversity interest should be considered for their potential as
an educational or interpretative resource and a record is made prior to any loss.
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Natural Environment
1.1 Explanation of Policy Objectives
1.1.1 Soil provides ecosystem services critical for life: soil acts as a water filter and a growing
medium; provides habitat for billions of organisms, contributing to biodiversity; and supplies most of
the antibiotics used to fight diseases. Soil is the basis of our nation’s agricultural ecosystems which
provide us with food feed for our livestock, provide fibre, and fuel. We use soil for holding solid
waste, filter for wastewater and foundations for our buildings. Peat is a major carbon store; a healthy
peat bog absorbs and stores carbon, but an unhealthy and drying-out bog releases carbon, adding to
carbon dioxide in the atmosphere and contributing greatly to climate change.
1.1.2 Conserving soil will prevent it from being eroded and lost and from losing its fertility due to
alteration in its chemical composition. Soil provides the foundation for landscaping to meet both
conservation and amenity objectives.
1.1.3 SG ENV LDP 11 conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• UK Biodiversity Action Plan
• LDP Key Objectives E & I
• EU Water Framework Directive
• Scottish Soils Framework 2009
• Scotland’s Land Use Strategy (2011)
• 3 Construction Code of Practice for the Sustainable Use of Soils on Construction Sites
• Good Practice During Windfarm Construction:
SG LDP ENV 11 – Protection of Soil and Peat Resources
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will only support development where appropriate measures are taken
to maintain soil resources and functions to an extent that is considered relevant and
proportionate to the scale of the development.
Development that would potentially  have an significant adverse effect on soil resources and
functions or peat structure and function in terms of disturbance, degradation or erosion will not
be supported unless it is satisfactorily demonstrated that: 
(A) such adverse effects are clearly outweighed by social, environmental or economic benefits
of community wide importance arising from the development proposal; AND
(B) A soil or peatland management plan is submitted which clearly demonstrates how
unnecessary disturbance, degradation or erosion of peat and soils will be avoided and how any
impacts mitigated as much as possible. Evidence of the adoption of3 best practice in the
movement of, storage, management, reuse and reinstatement of soils must be submitted along
with any planning application.
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Natural Environment
1.1.4 Peat Supporting Information:
• SEPA’s Regulatory Position Statement – Developments on Peat.
• Guidance on the Assessment of Peat Volumes, Re-Use of Excavated Peat and Minimisation of
Waste.
• Developments on Peatland: Site Surveys and Best Practice.
1.1.5 Soil Supporting Information:
Listed below are reports covering the overall principles of sustainable use of soil during construction.
SNIFFER: UKLQ01 in 2004 "Planning for soil: advice on how the planning system can help to protect
and enhance soils". 
DEFRA "Construction Code of Practice for the Sustainable Use of Soils on Construction Sites" .
1.1.6 The section on related legislation is English based, however it provides a very good case study
and practical example of soil management options applicable anywhere.
• SNH publication Good Practice During Windfarm Construction
1.1.7 In regards to restoration and reinstatement of development sites, there is no one source of
information. Best practices guidance is often related to the biodiversity or conservation restoration
and not soil itself. However some information is available from:
British Standards has recently updated its standard on the use and requirements for topsoil
(BS3882:2007 - Specification for topsoil and requirements for use).
The Highways Agency and the Construction Industry Research & Information Association have
produced a best practice guide on habitat translocation which includes useful information on soil
handling.  
Guidance related to specific activities also includes detail information on soil handling and
management. For example track construction guidance and wind farm development .
There is some additional information from the SNH web site .
Please also note that soil map and information are now available free of charge (strictly for non-
commercial use) by request to Scottish Government. Scottish soil information will also become
available shortly to the public on line via a daughter website of Scottish Environment web site. 
1.1.8  At present, only summary information on soil can be accessed via the Soil Indicators For
Scottish Soils (SIFSS) web interface. 
1.1.9 This report provides estimates of extent and condition of peatlands in Scotland and the rest
of the UK and reviews sources of available information.
“Towards an assessment of the state of the UK Peatlands”, JNCC, April 2011 
The Scottish Government have provided a ‘carbon calculator’ which provides a method for
estimating the impacts of wind farms on peat lands.
The James Hutton Institute soil and peat depth maps provide a valuable dataset which will be used in
the development assessment process. 
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Landscape and Design
*As detailed in - The Special Qualities of the National Scenic Areas; SNH (2010)
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to provide landscapes of national importance located within Argyll
and Bute with adequate protection against damaging development that would diminish their
outstanding scenic value.
1.1.2 There are seven National Scenic Areas within Argyll and Bute:
• Knapdale
• Scarba, Lunga and The Garvellachs
• Jura
• Lynn of Lorn
• Loch Na Keal
• Ben Nevis and Glencoe (Part of)
• Kyles of Bute
1.1.3 These NSAs encompass some of the most varied and valuable landscapes and coastscapes in
Scotland. These NSAs are important not only for their physical landforms and scenic splendour, but
also for the environmental assets that they represent.  These qualities could easily be destroyed or
damaged by even relatively small, insensitive development or in some areas by any development at
all.  They therefore must be protected.
The seven National Scenic Areas within Argyll and Bute have been identified on the Main Proposals
Maps.
1.1.4 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• LDP Key Objectives D & E
SG LDP ENV 12 - Development Impact on National Scenic Areas (NSAs)
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will resist any development in, or affecting, National Scenic Areas that
would have an adverse effect on the integrity of the area, or that would undermine the Special
Qualities* of the area unless it is adequately demonstrated that any significant adverse effects
on the landscape quality for which the area has been designated are clearly outweighed by
social, environmental or economic benefits of national importance. 
In all cases the highest standards, in terms of location, siting, design, landscaping, boundary
treatment, materials and detailing will be required for developments within a National Scenic
Area. Developments will be expected to be consistent with Policy LDP 9 – Development Setting,
Layout and Design, associated SG and the relevant Argyll and Bute Landscape Capacity
Assessment.
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1.1.5 Background Information:
• Landscape Assessment of Argyll and the Firth of Clyde (SNH) 1996.
• The Special Qualities of the National Scenic Areas; SNH (2010)
• Argyll and Bute Landscape Capacity Studies
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Landscape and Design
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to provide locally important landscapes in Argyll and Bute, with
adequate protection against damaging development that would diminish their very high scenic value.
The Council has identified Areas of Panoramic Quality and these are shown on the main Proposals
Maps.  These APQs are important not only for their physical landforms and scenic value, but also for
the environmental assets that they represent.  These qualities could easily be destroyed or damaged
by even a relatively small, insensitive development.  They therefore must be protected.
1.1.2 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• LDP Key Objectives D & E
1.1.3 Background Information:
• Landscape Assessment of Argyll and the Firth of Clyde (SNH) 1996.
• Technical Working Note 2.3 Landscape Classification (SRC).
• Argyll and Bute Landscape Capacity Assessments.
SG LDP ENV 13 - Development Impact on Areas of Panoramic Quality
(APQs)
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will resist development in, or affecting, an Area of Panoramic Quality
where its scale, location or design will have a significant adverse impact on the character of the
landscape unless it is adequately demonstrated that:
(A) Any significant adverse effects on the landscape quality for which the area has been
designated are clearly outweighed by social, economic or environmental benefits of community
wide importance;
In all cases the highest standards, in terms of location, siting, design, landscaping, boundary
treatment and materials, and detailing will be required within Areas of Panoramic Quality.
Developments will be expected to be consistent with Policy LDP 9 – Development Setting,
Layout and Design, associated SG and the relevant Argyll and Bute Landscape Capacity
Assessment.
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Landscape and Design
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to provide the varied landscapes in Argyll and Bute with adequate
protection against development that would undermine distinctive landscape character.
These landscapes are important not only for their physical landforms, but also for the environmental
assets that they represent and economic, identity and spiritual benefit that they provide.  These
qualities could easily be destroyed or damaged by even a relatively small, insensitive development.
They therefore must be protected.
1.1.2 This SG conforms to:
• NPF3
• SPP
• PAN 60 (Planning for the Natural Heritage)
• LDP Key Objectives E & I
1.1.3 Background Information:
• Landscape Assessment of Argyll and the Firth of Clyde (SNH) 1996.
SG LDP ENV 14 – Landscape
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Outwith National Scenic Areas and Areas of Panoramic Quality, Argyll and Bute Council will
consider landscape impact when assessing development proposals, and will resist development
when its scale, location or design will have a significant adverse impact on the character of the
landscape unless it is demonstrated that:
(A) Any such effects on the landscape quality are clearly outweighed by social, economic or
environmental benefits of community wide importance; AND
(B) The Council is satisfied that all possible mitigation measures have been incorporated into
the development proposal to minimise adverse effects.
Developments will be expected to be consistent with Policy LDP 9 – Development Setting,
Layout and Design, associated SG. 
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Landscape and Design
SG LDP ACE 1 – Area Capacity Evaluation
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
1.1 Introduction
1.1.1 This Supplementary Planning Guidance note has been developed in association with the
Argyll and Bute Local Development Plan for use in the determination of applications in the Rural
Opportunity and Countryside development management zones.   This note sets out to explain why an
ACE should be done, who should do it, what it should contain, and how it should be used to inform
the development management decision making process.
For further general information on siting and design see also: LDP Sustainable Siting and Design
Principles
2.1 When Should an Area Capacity Evaluation Be Carried Out
2.1.1 The Argyll and Bute Local Development Plan establishes when an ACE should be triggered
through Policy LDP DM1 – Development within the Development Management Zones, Criteria (D)
and (E) and this is explained below:
• An ACE will only be carried out for certain development proposals within these two
development management zones (Rural Opportunity Areas and Countryside). It will
never be carried out for medium or large scale housing development in either zone as
there is a presumption against such development within SG LDP HOU1 – General Housing
Development Including Affordable Housing Provision.
• Within Rural Opportunity Areas an ACE will be required for all non-housing development
of medium and large scale (see table below for detail of scales),where an exceptional
case has been made. An ACE will not be required for small scale housing in a Rural
Opportunity Area.
• Within the Countryside Zone all development proposals which are not small scale infill,
rounding off, or redevelopment will require to accord with an ACE subject to an
exceptional case being made. An ACE will not be required for small scale housing which
is infill, rounding off, or redevelopment within the Countryside Zone.
• Notwithstanding this, an ACE should never be carried out for renewable energy related
developments which are the subject of environmental impact assessment or temporary
buildings or proposals.
• 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 planning authority, 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
planning authority.
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2.1.2 The scales of development in relation to type of development are defined in the Argyll and
Bute Local Development Plan, these are summarised in the table below:
Table 1: Definitions of Scale of Development by Type
Scale of
Development
Type of Development Large Medium Small
Business and Industry
(Class 4,5,6 and 7)
Building of more than
600 square metres
gross building or site
area exceeding 2
hectares
Building between
200 and 600 square
metres gross or site
area between 0.5
and 2 hectares 
Building up to 200
square metres gross
or site area not
exceeding 0.5
hectares
Retail (Class 1,2,and 3) Building exceeding
1000 square meters
gross
Building between
201 and 999 square
meters gross 
Building up to 200
square meters gross
Tourist facilities and
accommodation,
including static and
touring caravans and
campsites
Tourist facility buildings
exceeding 600 square
meters gross; more
than 60 letting units;
more than 50 caravans
or stances; 100 tent
pitches.
Tourist facility
buildings between
200 and 600 square
meters gross; 11 to
60 letting units; 11 to
50 caravans or
stances; 50 to 100
tent pitches.
Tourist facility
buildings up to 200
square meters gross;
up to 10 letting units;
up to 10 caravans or
stances; up to 50 tent
pitches.
Mineral extraction* Extraction area
exceeding 800 cubic
meters, or more than
20 metres on the
longest edge of the site
or exceeding 2 metres
in extraction depth.
*As large scale. Extraction area not
exceeding 800 cubic
metres, or not
exceeding 20 metres
on the longest edge of
the site and not
exceeding 2 metres in
extraction depth.
Housing More than 30 housing
units.
Between 6 and 30
housing units
inclusive.
Not exceeding 5
housing units.
Waste related
development
Sites exceeding 0.25
hectares.
Sites between 500
square metres and
0.25 hectares.
Sites less than 500
square metres.
2.1.3 Any application would also require to be assessed against all other relevant policies in the
development  plan, this may mean that satisfying the requirements of the ACE may not necessarily
result in planning permission, e.g. retail developments would also require to  accord with Policy LDP
7/ SG LDP RET 1.
2.1.4 An ACE is to be carried out by the planning authority, primarily by Development Management
staff with support from Development Policy staff as appropriate.  It is to be used as a tool to assess
planning applications in the relevant development control zones, in order to establish the capacity of
the wider countryside containing the application site to successfully absorb that particular
development. Where an ACE has been triggered by a planning application it should be recorded as a
component of the planning report on the submitted application.
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3.1 The Purpose Of The ACE
3.1.1 The aim of the ACE process is simply to comprehensively and methodically assesses the
capacity of the landscape to successfully absorb the proposed development. The aim should not be
to identify a definitive quantity or how much development can be accommodated in a landscape
but to explore landscape ‘sensitivity’ to the particular development proposal under consideration.
3.1.2 Landscape capacity refers to the degree to which a particular landscape character type or
area of common landscape character is able to accommodate change without significant effects on
its character, or overall change of landscape character type. Capacity is likely to vary according to the
type and nature of change being proposed.  For the purposes of the ACE, Landscape Capacity should
not refer to the quantity of development that can be accommodated.
3.1.3 We should take a comprehensive view of landscape, taking account of more than just the
visible components and identifying the key environmental features. We should recognise that
historical and cultural associations and the total experience of landscape through all the senses and
through knowledge are integral to understanding landscape character. 
4.1 Guidance For Carrying Out an ACE
4.1.1 The techniques described below are based on the current best practice guidance for a
systematic approach to landscape and visual impact assessment developed by the Landscape
Institute and the Institute of Environmental Management and Assessment with support from SNH.
They are set out not as a prescriptive process but to provide a brief suggested framework for carrying
out an ACE
Desk Top Preparation:
Collation of Existing Assessments, Maps, Aerial Photos
1. Collate and assess existing Landscape Character Assessments which have been carried out at
a more macro level and will form the baseline.  All areas will have at least the SNH Argyll and
Clyde Character Assessment and any additional local and national designations should be
noted.
2. Aerial Photographs and mapping at a detailed level with contours is available on Local View
for all areas and should be printed.
Stage 1:
Record Landscape Components and Key Environmental Features
1. Print field sheets to structure the approach to observation and description. No standard Field
sheet would accommodate all landscape types so they should be adapted as appropriate.
2. On site: Use Field Sheets 1A & B to observe and note Landscape Components and Key
Environmental Features. All of these components are: real, physical, measurable, tangible–
touchable as well as visible.  They can be described with objectivity as a matter of fact, not
opinion.
3. Some components will be more significant than others. The significant ones may contribute
to the character of the landscape or may form conspicuous features within the landscape
that are not typical.  Highlight visually important or frequent features on the field sheets.
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4 Having identified and noted the landscape components and key environmental features in
this way should allow an Area of Common Landscape Character or ACE Compartment to be
defined.  This should be identified and mapped using OS maps or aerial photographs. This will
commonly be bounded by limits of inter-visibility with the proposal, but will sometimes be
shortened by key changes in landscape character such as prominent linear features, lochs
etc…
Stage 2:
Describe Experience of the Landscape and Sense Of Place
1. On site use Field Sheet 2 to describe the experience and sense of place by noting the non-
physical components of the landscape.  These do not lend themselves to accurate
measurement but can be described within a range of common adjectives. For example:
openness may be described as: tightly enclosed, confined, open or exposed. These adjectives
give us a fairly descriptive picture.
2. Use field sheet 2 in combination with field sheets 1A&B to consider if the combination of
landscape characteristics observed, create a unique Area of Common Landscape Character
and if the ACE compartment should be refined to reflect this.
Stage 3:
Predict and Assess Visual Impact
1. On site use field sheet 3 to predict and assess the visual impact.
2. It is necessary to visualise the proposal in situ.  It is important to consider the proposal at all
stages of its life including, how it will be constructed, the means of access during
construction and operation, import and export of material, infrastructure required, and
mitigation measures which are proposed.
3. Visual receptors should commonly reflect those used to describe the landscape components
and key environmental features in Field Sheet 1A&B.  Amend Field Sheet 3 appropriately to
reflect this.
4. The aim is to assess impact in terms of the sensitivity of receptors and the magnitude of
impact. By combining the two gives an assessment of the significance of any impact and this
can be recorded in the notes section of Field Sheet 3.  For example a receptor which has low
sensitivity (perhaps because of the infrequency with which it would be seen) might be
combined with a magnitude of impact which is major, but still be considered of little
significance.  Equally the converse could apply with a very sensitive receptor and low
magnitude impact.
Stage 4:
Predict and Assess Landscape Impact
1. On site use field sheet 4 to predict and assess landscape impact.
2. This is a very similar process to stage 3 visual impacts but it is important to differentiate.
3. Landscape receptors should also commonly reflect those used to describe the landscape
components and key environmental features in Field Sheet 1A&B.  Amend Field Sheet 4
appropriately to reflect this.
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4. Factors to consider:
• the magnitude or scale of the impact;
• duration whether it is a permanent or temporary impact;
• the importance of the receptor as a landscape component (or the number of people
affected, what they are doing and the context of the view).
• Specific landscape components e.g. shoreline, hill or river
• Areas of distinctive character
• Valued landscapes such as local beauty spots or specific viewpoints
• Historic, designed landscapes
• People – residents, workers, travellers
• Cumulative and visual impacts
5. Again the sensitivity of the landscape feature and the magnitude of effect should be
combined to describe the significance of impacts in the notes effect.
Stage 5:
Key Outputs
1. If filled in systematically, following these stages should result in:
• Desk top assessment of the area’s landscape context.
• Clear assessment of Area’s landscape components and Key Environmental Features
using Field Sheet 1 A & B.
• Clear description of the Experience of the Landscape & Sense Of Place using Field Sheet
2.
• Definition and refinement of ACE compartment.
• Clearly differentiation between Landscape and Visual Impacts using Field Sheets 3 & 4.
• Consideration of fair / accurate and appropriate illustrations (photo’s/aerial photo’s) if
available but always used with caution.
• Consideration of proposed and or potential mitigations and all stages of construction
and operation.
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FIELD SHEET 1A:  Landscape Components and Key Environmental Features
Location
ACE title/ref.
Date
Visible, physical components of landform, its features and characteristics
High Plateau      Peak Knoll ridge Spur/crags Outcrops
Corrie/gully Low plateau Distinct hills Rolling hills/slopes Glen valley
Gorge Bench/terrace Flats Wide basin Confined basin
Den Hollows Plain Mounds/moraines Cliff
Coastal brae Bay Headland Beach Intertidal
Notes:
Land cover and land use –water
Sea Sea loch Intertidal Mud/sand Delta
Estuary Loch Lochans Pools River
Whitewater Burn Drain/ditch Canal Waterfall
Reservoir
Notes:
Land cover and land use – forestry, woodland and trees
Coniferous
plantation
Mixed plantation Broadleaved
plantation
Semi-natural
woodland
Tree clumps/copses Shelterbelts/tree
lines
Roadside tree belts Policy/parkland
trees
Hedgerow trees Notable single trees
Notes:
Land cover and land use – agriculture
Arable Horticulture Intensive livestock Ley grassland
Permanent pasture Unimproved
grassland
Rough hill grazing Moorland
Animals: Cattle Sheep Pigs
Poultry Horses Deer
Notes:
Land cover and land use – fields and boundaries
Stone dykes Dykes with fencing Remnant dykes Continuous
hedgerows
Hedgerows with
gaps
Remnant
hedgerows
Lost hedgerows Post and wire
fencing
Post and rail
fencing
High stone walls Stone pillars Wooden/metal
gates
Beech hedges Hawthorn hedges
Field size: Very large Large Medium Small
Maps/Aerial photos
showing proposed
ACE boundary
Notes:
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FIELD SHEET 1B:  Landscape Components and Key Environmental Features
Location
ACE title/ref.
Date
Land cover and land use – other uses
Country park Urban park Nature reserve Car parks Sports field
Golf course Angling Camping site Caravan site Marine/boats
Dock/harbour Military Open cast coal Sand and gravel Hard rock
industrial
Industrial Warehousing Airfield Retail Utilities
Notes:
Land cover and land use –settlements
Nucleated Scattered Linear Unplanned Model/planned
Traditional Modern Mixed Frequent Infrequent
Absent Town Village/township Hamlet Sprawling
Steadings: Regular Irregular Absent Frequent
Infrequent Small Medium Large
Traditional Modified Extended Converted
Notes:
Dominant Building Materials
Stone colour Brick colour Render/colourwash
Tile roof colour Slate roof colour Stone roof colour
Notes:
Linear Features
Motorway Main road B roads Minor roads Tracks
Road Nos/Name
Core
paths/LDR/ROW
Drove roads Hill tracks Derelict/operational railway
Embankments Cuttings Power lines High voltage Low voltage
Rivers/watercourses Overhead
telephone
Pipelines Coast/shoreline
Notes:
Single point features
Church Castle Ruin Folly/obelisk Wind turbine
SAM/Unlisted mons Bridge Large house Steadings Signs
Mast/transmitter Industrial site Waste disposal site Quarry/mine Quarry buildings
Notes:
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FIELD SHEET 2:  Describe Experience of the Landscape & Sense of Place
Location
ACE title/ref.
Date
Components of landscape experience – visible/spatial characteristics
SCALE Intimate Small Large Vast
OPENNESS Tightly enclosed Confined Open Exposed
COLOUR Monochrome Muted Colourful Garish
TEXTURE Smooth Varied texture Rough Craggy
DIVERSITY Uniform Simple Diverse Complex
FORM Vertical Sloping Rolling Flat/horizontal
LINE Straight Angular Curved Sinuous
BALANCE Harmonious Balanced Discordant Chaotic
MOVEMENT Dead Calm Active Busy
PATTERN Random indistinct Organised irregular Planned regular Formal geometric
MANAGEMENT (Semi) natural Derelict/disturbed Tended Manicured
Components of landscape experience – other senses
SOUND Silent Quiet Disturbed Noisy
SMELL Fresh Agricultural Coastal Industrial
OTHER
Notes:
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FIELD SHEET 3:  Predict and Assess Visual Impact
Location
ACE title/ref.
Date
Visible, physical components of landform, its features and characteristics
Proposal
Visual receptors Sensitivity of
viewpoint
Impact: eg. visual
intrusion/obstruction
Magnitude of
impacts
Trunk roads and
motorways
High/Medium/Low Major/Moderate/Low/
Negligible
A and B roads High/Medium/Low Major/Moderate/Low/
Negligible
Minor roads High/Medium/Low Major/Moderate/Low/
Negligible
Rights of
way/paths/core paths
High/Medium/Low Major/Moderate/Low/
Negligible
Important viewpoints High/Medium/Low Major/Moderate/Low/
Negligible
Railways High/Medium/Low Major/Moderate/Low/
Negligible
Open space and
recreation areas
High/Medium/Low Major/Moderate/Low/
Negligible
Public buildings High/Medium/Low Major/Moderate/Low/
Negligible
Residential properties High/Medium/Low Major/Moderate/Low/
Negligible
Workplaces High/Medium/Low Major/Moderate/Low/
Negligible
Notes:
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FIELD SHEET 4:  Predict and Assess Landscape Impact
Location
ACE title/ref.
Date
Proposal
Landscape
receptors
What will be
affected?
Sensitivity
How important is it
Impact
What will the
effect be?
Magnitue of impact
Landform High/Medium/Low Major/Moderate/Low/
Negligible
Water High/Medium/Low Major/Moderate/Low/
Negligible
Woodland and trees High/Medium/Low Major/Moderate/Low/
Negligible
Agriculture High/Medium/Low Major/Moderate/Low/
Negligible
Fields and boundaries High/Medium/Low Major/Moderate/Low/
Negligible
Other land uses High/Medium/Low Major/Moderate/Low/
Negligible
Settlement pattern High/Medium/Low Major/Moderate/Low/
Negligible
Linear features High/Medium/Low Major/Moderate/Low/
Negligible
Point features High/Medium/Low Major/Moderate/Low/
Negligible
Aspects of landscape experience
Colour High/Medium/Low Major/Moderate/Low/
Negligible
Texture High/Medium/Low Major/Moderate/Low/
Negligible
Pattern etc. High/Medium/Low Major/Moderate/Low/
Negligible
Notes:
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1.1  Explanation of Policy Objectives
1.1.1 Argyll and Bute enjoys a wealth of historic gardens and designed landscapes. They are an
important part of the area’s history, character and scenery and add greatly to the enjoyment of the
countryside and settlements. In many cases they provide a landscape setting for an important
building, have rare plant collections or contain interesting woodland or wildlife habitats. It is for
these reasons that it is important for these sites to be protected and if possible enhanced to allow
future generations to enjoy them in the years ahead.
1.1.2 An Inventory of Historic Gardens and Designed Landscapes in Scotland is compiled and
maintained by Historic Environment Scotland. The effect of proposed development on an historic
garden or designed landscape is a material consideration in the determination of a planning
application. Planning authorities must consult with the Scottish Ministers on any proposed
development that may affect a site contained in the Inventory.
1.1.3 These sites have been identified on the Proposals Maps of the Local Development Plan.
Further information can also be found here on the locations of Historic Gardens and Designed
Landscapes in Argyll and Bute .
SG LDP ENV 15 – Development Impact on Historic Gardens and Designed
Landscapes
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Where development would affect a heritage asset or its setting the developer will be expected
to demonstrate that the impact of the development upon that asset has been assessed and that
adequate measures will be taken to preserve and enhance the special interest of the asset.
Measures of assessment will be expected to follow the principles set out in the joint guidance
“New Design in Historic Settings” produced by Historic Environment Scotland, Architecture and
Place, Architecture and Design Scotland.  Guidance provided in Scottish Historic Environment
Policy and Managing Change in the Historic Environment Guidance Notes, which are available to
download from Historic Environment Scotland’s website, is also expected to be followed.
Measures to mitigate against impact are likely to include enhanced physical access,
interpretation and the provision of an open space or landscaped buffer zone, as appropriate. 
In assessing proposals for development in, or adjacent to, gardens or designed landscapes
particular attention will be paid to the impact of the proposal on:
(A) The archaeological, historical or botanical interest of the site;
(B) The site’s original design concept, overall quality and setting;
(C) Trees and Woodland and the site’s contribution to local landscape character within the
site including the boundary walls, pathways, garden terraces or water features; AND,
(D) Planned or significant historic views of, or from, the site or buildings within it.
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1.1.4 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
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SG LDP ENV 16(a) – Development Impact on Listed Buildings
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Development affecting a listed building or its setting shall preserve the building or its setting,
and any features of special architectural or historic interest that it possesses. 
All developments that affect listed buildings or their settings must 
1) be of the highest quality, and respect the original structure in terms of setting, scale,
design and materials,
2) the proposed development is essential to securing the best viable use of the listed
building without undermining its architectural or historic character, or its setting.
3) the proposed development conforms to Scottish Historic Environment Policy 2011 and
the accompanying Managing Change Guidance Notes,
Where development would affect a heritage asset or its setting the developer will be expected
to satisfactorily demonstrate that the impact of the development upon that asset has been
assessed and that measures will be taken to preserve and enhance the special interest of the
asset. The use of appropriate design statements and conservation plans are expected to
facilitate this assessment.  Where the development may have a significant impact, measures of
assessment will be expected to follow, the principles set out in the joint guidance “New Design
in Historic Settings” produced by Historic Environment Scotland, Architecture and Place,
Architecture and Design Scotland.  
Enabling development proposals which have not already been identified in the Local
Development Plan, subject to other policies and SG, will be considered in the following
circumstances.
1) the building is Listed and on the Building at Risk Register, or in exceptional circumstance
unlisted but considered worthy of conservation and reuse by the Council.
2) all other possibilities of development funding to secure the conservation and reuse of
the building have been exhausted.
3) This includes exploring grant aid and determining if any other group, such as a Building
Preservation Trust, is willing to undertake the project; and putting the building on the
open market for a period of time and price (reflecting condition and redevelopment
costs) which can be considered reasonable to achieve a sale in the context of prevailing
market conditions.
4) it is demonstrated that the amount of enabling development is the minimum required to
meet a verifiable conservation deficit that would achieve conservation and reuse and, if
required, this has been confirmed through an independent professional survey by an
agency chosen by the council.
5) the wider public benefits of securing the conservation and reuse of the building through
enabling development significantly outweigh any disadvantages of the development.
Measures to mitigate against impact are likely to include enhanced physical access,
interpretation and the provision of an open space or landscaped buffer zone, as appropriate.
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Historic Built Environment and Archaeology
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to preserve Listed Buildings, or their setting, or any features of special
architectural or historic interest which they possess in accordance with current guidance and
legislation.
1.1.2 Listed Buildings make a significant contribution to the character and amenity of Argyll and
Bute. They are a valuable resource that can stimulate enjoyment of the wider environment and act
as an important medium for education, economic development, recreation and tourism. As such,
they must be protected.
1.1.3 Grants towards the repair of listed buildings may be available from Historic Environment
Scotland as well as various other funding bodies, more details regarding funding can be found on the
“Funding for Historic Buildings”  website: and on the Heritage Lottery web site.
1.1.4 Argyll and Bute Council have a dedicated resource to support groups and projects through
the funding process. 
In the event of the planning authority being minded to grant listed building consent for works
affecting category A or B listed buildings or for demolition of category C(S) listed buildings, the
planning authority must notify Historic Environment Scotland. To help assess proposals affecting
listed buildings, Historic Environment Scotland will therefore be consulted at an earlier stage, where
appropriate, on proposals affecting category A or B listed buildings or the demolition of category C(S)
listed buildings. We will also seek the views of the Architectural Heritage Society of Scotland and
Architecture and Design Scotland, as appropriate. 
1.1.5 To search for a Listed Building please consult Historic Environment Scotland’s web site or the
past map service. 
1.1.6 Enabling Development:
1.1.7 The aim of Enabling Development is to facilitate restoration of valued built heritage and
urban/rural regeneration in circumstances where it is deemed acceptable by the planning authority
and its advisors. The SG provides measures for the planning authority to assess the merits,
plausibility and detail of submitted applications.
1.1.8 Enabling Development will only be used where the public benefit of securing the future of a
significant listed building or economic development opportunity decisively outweighs the
disadvantages of breaching normal policy presumptions.  
1.1.9 In exceptional cases, securing the future of significant unlisted buildings that are considered
to be of sufficient historic or architectural value may also be supported by enabling development.
Proposals will not be supported if the planning authority is not convinced that the public benefit will
be gained.
1.1.10 For proposals associated with listed building restoration and reuse, the physical separation of
the restored or reused listed building from the enabling development is normally preferred. 
1.1.11 Associated housing development will, wherever possible, be built off-site at a suitable
location.  Where off-site housing is not possible, the housing development must retain and enhance
the special interest, character and setting of the listed building and any other adjacent historic
environment asset. 
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1.1.12 Measures such as a change of use, compatible with the character and appearance of an
historic building, but otherwise contrary to policy could also be considered. Such cases would be
examples of the ‘’all other possibilities of development funding to secure the conservation and reuse
of the building’’ which must be exhausted prior to using the policy and this SG for the purposes of
housing led enabling development.
1.1.13 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
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SG LDP ENV 16(b) – Demolition of Listed Buildings
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Proposals for the total or substantial demolition of a listed building will be supported only
where it is demonstrated beyond reasonable doubt that every effort has been exerted by all
concerned to find practical ways of keeping it. This will be demonstrated by inclusion of
evidence to the planning authority that the building;
(1) Has been actively marketed at a reasonable price and for a period reflecting its location,
condition, redevelopment costs  and possible viable uses without finding a purchaser;
AND
(2) Is beyond economic repair and incapable of re-use for modern purposes through the
submission and verification of a thorough structural condition report prepared by a
conservation accredited professional and a detailed verifiable breakdown of costs in line
with guidance provided in the Managing Change Guidance Note “Demolition” (available
to download from Historic Environment Scotland’s website).
In exceptional circumstances retention of a building may prevent wider public benefits
that may derive from the redevelopment of that site. Justification for demolition in the
interest of wider public benefit may be considered in these instances. This justification
would only be considered if the proposed redevelopment was of regional or national
significance and that clear evidence shows that every effort was made to incorporate
the listed building into the new development or that every effort to place the new
development in an alternative location was made.
Should demolition be approved the Planning Authority must approve detailed proposals for the
restoration and reuse of the site, including any replacement buildings or other structures, and
may require that a contract be let for redevelopment in advance of demolition in appropriate
cases.
In cases where the Planning Authority is minded to grant consent to the demolition (whole or
part) of a listed building it will consider attaching conditions in respect of: 
(A) The recording of the building to be demolished, in addition to the requirement to
formally notify Historic Environment Scotland.
(B) Methods of demolition to be employed;
(C) The conservation, retention or salvaging of architectural or other features, artefacts or
other materials.
1.1  Explanation of Policy Objectives
1.1.1 The aim of this Supplementary Guidance is to provide protection to Listed Buildings in
accordance with current guidance and legislation. Listed Buildings make a significant contribution to
the character and amenity of Argyll and Bute. They are a valuable resource that can stimulate
enjoyment of the wider environment and act as an important medium for education, economic
development, recreation and tourism. As such, they must be protected. Consent for demolition may
be considered where it can be demonstrated that the subject is no longer of sufficient interest to
merit listing. Should justification for demolition be sought on this basis applicants must provide a
recent listing review from Historic Environment Scotland.
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Historic Built Environment and Archaeology
1.1.2 Grants towards the repair of listed buildings may be available from Historic Environment
Scotland as well as various other funding bodies, more details regarding funding can be found on the
“Funding for Historic Buildings” website and on the Heritage Lottery web site.
1.1.3 Argyll and Bute Council have a dedicated resource to support groups and projects through
the funding process. 
1.1.4 In the event of the planning authority being minded to grant listed building consent for
demolition of a listed building or unlisted building in a conservation area, the planning authority must
notify Historic Environment Scotland. To help assess proposals of demolition, Historic Environment
Scotland will be consulted at an earlier stage.  We will also seek the views of the Architectural
Heritage Society of Scotland, the Scottish Civic Trust and any other relevant organisation as
appropriate. 
1.1.5 To search for a Listed Building please consult Historic Environment Scotland’s web site or the
past map service.
1.1.6 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
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SG LDP ENV 17 – Development in Conservation Areas and Special Built
Environment Areas
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
There is a presumption against development that does not preserve or enhance the character or
appearance of an existing or proposed Conservation Area or its setting, or a Special Built
Environment Area.
New development within these areas and on sites forming part of their settings must be of the
highest quality, respect and enhance the architectural and other special qualities that give rise
to their actual or proposed designation and conform to Scottish Historic Environment Policy
2011 and accompanying Managing Change Guidance Notes.
Where development would affect these areas or their setting the developer will be expected to
satisfactorily demonstrate that the impact of the development upon that special area has been
assessed and that measures will be taken to preserve and enhance the special interest of the
asset. The use of appropriate design statements, conservation plans, character appraisals etc.
are expected facilitate this assessment.  Where appropriate, measures of assessment will be
expected to follow the principles set out in the joint guidance “New Design in Historic Settings”
produced by Historic Environment Scotland, Architecture and Place, Architecture and Design
Scotland.
Outline planning applications will not normally be considered appropriate for proposed
development in conservation areas.
The contribution which trees make towards the character or appearance of a Conservation Area
will be taken into account when considering development proposals.
1.1  Explanation of Policy Objectives
1.1.1 The aim of this Supplementary Guidance is to maintain and enhance the character and
amenity of existing and proposed Conservation Areas in accordance with current guidance and
legislation. New development, which is well designed, respects the character of the area and
contributes to its enhancement, will be welcomed. Argyll and Bute currently has 32 Conservation
Areas.  The boundaries of the Conservation Areas are shown on the Main Proposals Maps. 
1.1.2 Conservation Areas form an important physical record of the architectural development and
historical growth of an area. They are an irreplaceable cultural and economic resource that
contributes to the distinctive character and unique quality of Argyll and Bute and therefore must be
protected. 
1.1.3 When considering applications for new development in Conservation Areas, the Council’s
priority will be to have regard for the special architectural and other special qualities that are the
reason for the area’s designation.
1.1.4 The Planning Authority intends to continue to review its Conservation Areas and to prepare
and review detailed Conservation Area Appraisals.  There are currently Conservation Area Appraisals
for Campbeltown, Rothesay Town Centre, and Helensburgh.
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1.1.5 Argyll and Bute Council also wish to protect and where possible enhance Special Built
Environment Areas (SBEAs) that have also been identified on the main Proposals Maps. They have
sufficient quality to require safeguarding as part of the development control process and may have
the special architectural or historic interest required of Conservation Areas.
1.1.6 This SG conforms to:
• SPP
• PAN 71 (Conservation Area Management)
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
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1.1  Explanation of Policy Objectives
1.1.1 Planning permission is required for demolition in a Conservation Area. The aim of this policy
is to safeguard the buildings, the building patterns and enclosures that give Conservation Areas their
special character. Demolition can very often mean the loss of character and will be resisted. In cases
where, every possible alternative has been exhausted and demolition remains the only option,
permission may be granted if acceptable plans for an appropriate replacement building have been
approved.
1.1.2 This SG conforms to:
• SPP
• PAN 71 (Conservation Area Management).
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
SG LDP ENV 18 – Demolition in Conservation Areas
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Proposals for the demolition of any structure which contributes to, or enhances the character,
or appearance, of the Conservation Area or its setting will be considered as if that structure was
listed – as set out in SG LDP ENV 16(b). 
Consent for demolition of an unlisted building in a Conservation Area may be considered where
it can be demonstrated that the subject of the application does not make a positive contribution
to the character, appearance, or history of the area.
In exceptional circumstances retention of a building may prevent wider public benefits that may
derive from the redevelopment of that site. Justification for demolition in the interest of wider
public benefit may be considered in these instances. This justification would only be considered
in the proposed redevelopment was of regional or national significance and that clear evidence
shows that every effort was made to incorporate the building into the new development or that
every effort to place the new development in an alternative location was made. 
Should demolition be approved the Council must approve detailed proposals for the reuse of
the site, including any replacement buildings or other structures, and may require that a
contract be let for redevelopment in advance of demolition in appropriate cases.
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SG LDP ENV 19 – Development Impact on Scheduled Monuments
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
There will be a presumption in favour of retaining, protecting and preserving  Scheduled
Monuments and the integrity of their settings. Developments that have an adverse impact on
Scheduled Monuments and their settings will not be permitted unless there are exceptional
circumstances.
Where development could affect adversely a heritage asset or its setting the developer will be
expected to satisfactorily demonstrate that the impact of the development upon that asset has
been assessed and that measures will be taken to preserve and protect the special interest of
the asset. The use of appropriate archaeological assessment, setting analysis, design
statements, conservation plans, character appraisals etc. are expected facilitate this
assessment.  
1.1  Explanation of Policy Objectives
1.1.1 Scheduled Monuments are protected under the Ancient Monuments and Archaeological
Areas Act 1979 and are scheduled by the Scottish Ministers. The preservation of ancient monuments
and their settings is a material consideration when determining planning applications, whether a
monument is scheduled or not. Any works to a scheduled monument would also require Scheduled
Monument Consent. Further information on the location of Scheduled  Monuments within Argyll and
Bute can also be found at www.pastmap.org.uk and www.wosas.net/search.php 
1.1.2 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• PAN 42 (Scheduled Monument Procedures)
• LDP Key Objective E
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SG LDP ENV 20 – Development Impact on Sites of Archaeological
Importance
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
1. There is a presumption in favour of retaining, protecting, preserving and enhancing the
existing archaeological heritage and any future discoveries found in Argyll and Bute.
When development is proposed that would affect a site of archaeological significance,
the following will apply:
(a) The prospective developer will be advised to consult the Council and its advisers the
West of Scotland Archaeology Service at the earliest possible stage in the conception of
the proposal; AND,
(b) An assessment of the importance of the site will be provided by the prospective
developer as part of the application for planning permission or (preferably) as part of
the pre-application discussions.
2. When development that will affect a site of archaeological significance is to be carried
out, the following will apply:
(a) Developers will be expected to make provision for the protection and preservation of
archaeological deposits in situ within their developments, where possible by designing
foundations that minimise the impact of the development on the remains; AND,
(b) Where the Planning Authority deems that the protection and preservation of
archaeological deposits in situ is not warranted for whatever reason, it shall satisfy itself
that the developer has made appropriate and satisfactory provision for the excavation,
recording, analysis and publication of the remains.
3. Where archaeological remains are discovered after a development has commenced, the
following will apply:
(a) The developer will notify the West of Scotland Archaeology Service and the Council
immediately, to enable an assessment of the importance of the remains to be made;
AND,
(b) Developers should make appropriate and satisfactory provision for the excavation,
recording, analysis and publication of the remains. (Developers may see fit to insure
against the unexpected discovery of archaeological remains during work).
Note: The West of Scotland Archaeology Service must be consulted for all sites in each category.
1.1  Explanation of Policy Objectives
1.1.1 Argyll and Bute contains a wide variety of archaeological features ranging from prehistoric
features such as ancient forts and duns, early Christian chapels, mediaeval castles and recent
industrial archaeology. Some such as the Kilmartin Glen may be of potential World Heritage site
status, while others are of national or more local importance. Much of Argyll and Bute’s archaeology
makes an important contribution to the tourism economy of the area, and can also have nature
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Historic Built Environment and Archaeology
conservation benefits. The Council supports the retention of features or sites of archaeological
importance and will expect developers to take account of archaeological interest in putting forward
detailed proposals. Where the applicant convinces the Council that such features cannot be retained
and there are overriding reasons why development should be permitted, the Council may grant
permission subject to ensuring that the site is adequately excavated and recorded prior to
development taking place.
1.1.2 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• PAN 42 (Scheduled Monument Procedures)
• LDP Key Objective E
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SG LDP ENV 21 – Protection and Enhancement of Buildings
This policy provides additional detail to policy LDP 3 Supporting the Protection, Conservation
and Enhancement of our Environment of the Adopted Argyll and Bute Local Development Plan.
Opportunities for the enhancement and re-use of existing buildings will be sought, through
proposals for re-building, re-use or change of use, to maintain the fabric of the building and its
value to the community. New uses will be approved in principle if;
(A) The amenities of surrounding properties and residents are safeguarded within the
framework of other LDP policies and SG;
(B) Access and car parking proposals fully meet the criteria set out in SG – Access and
parking Standards;
(C) Any proposed alteration or extension to the building respects the appearance, scale and
character of the original building and surrounding area;
(D) The proposed new use is consistent with other LDP policies and SG.
1.1  Explanation of Policy Objectives
1.1.1 There are many buildings in Argyll and Bute which, although not considered to be worthy of
inclusion on the official List of Buildings of Architectural and Historic Interest, make a substantial
contribution to the character and appearance of an area; some of these are buildings that are under
used or vacant, having out-lived their original function or purpose. Many are still structurally sound
and capable of refurbishment and reuse, the sustainable management and protection if these
buildings secure their long-term survival, preserve their embodied energy and stimulate economic
growth.
1.1.2 There are numerous examples throughout Argyll and Bute where the retention of a valued
local building has greatly enhanced the local environment. This policy aims to encourage the further
use of such buildings and development opportunities will be highlighted in the Plan’s.
1.1.3 Areas for Action (AFAs) development briefs (see the Action Programme that accompanies the
LDP).
Grants towards the repair and reuse of such buildings may be available from various funding 
bodies; Argyll and Bute Council have a dedicated resource to support groups and projects through
the funding process. 
1.1.4 Further information on funding can be found here;
Funding for Historic Buildings and Heritage Lottery .
1.1.5 This SG conforms to:
• SPP
• Scottish Historic Environment Policy 2011
• Managing Change Guidance Notes
• LDP Key Objectives A and E
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Support for business and industry : General
SG LDP BUS 1 – Business and Industry Proposals in Existing Settlements
and Identified Business and Industry Areas
This policy provides additional detail to policy LDP 5 – Supporting the Sustainable Growth of
Our Economy of the Adopted Argyll and Bute Local Development Plan.
Proposals for the development of new, or extensions to existing, business and industrial
enterprises (Use Classes 4, 5, 6 and 7) and waste management developments (as defined in
SG SERV 5) within existing settlements and industry and business areas will normally be
permitted provided that: 
(A) The development is of a form, location and scale, consistent with Policy LDP DM 1,
Schedule B 1, and Schedule B 2;
(B) Greenfield sites are avoided if brownfield land (see LDP glossary) is available in close
proximity;
(C) In residential locations the proposed development would not erode the residential
character of the area, or adversely affect local residents, through an increase in traffic levels,
noise, fumes or hours of operation;
(D) The proposal is consistent with any other relevant Local Development Plan policy and
associated SG;
(E) Technical standards in terms of parking, traffic circulation, vehicular access and
servicing, and pedestrian access are met in full (see SG – LDP TRAN 6 Access and Parking);
(F) The design, scale and siting of the new development respects the landscape/townscape
character and appearance of the surrounding area (see SG –Sustainable Siting and Design
Principles);
The conversion or change of use of existing buildings to industrial or other employment
generating uses which includes waste management developments will also generally be
encouraged if the above criteria are met.  According to the type and lifespan of the
development proposed, the Planning Authority may impose conditions limiting the hours of
operation and/or duration of the planning consent.
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to promote well ordered, sustainable industrial and business
development in all existing settlements. The preferred location for any new business or industry
proposal is within identified Business and Industry Areas (these are made up of - Established
Business and Industry Areas (EBIA), Strategic and Local Business and Industry Allocations.  Potential
Development Areas identified for industry and business development are also promoted, subject to
resolution of the identified constraints. 
1.1.2 Other locations within settlements may also be appropriate for small-scale developments,
particularly office type developments. The plan therefore supports small scale low impact industrial,
business and service uses which can co-exist with housing and other sensitive uses without eroding
amenity in the settlement areas. This includes businesses which involve working from home, where
the amenity of surrounding properties will not be significantly affected.
1.1.3 When planning any development the developer should consider the need to minimise waste,
through for example the use of secondary aggregates, retention and re-use of demolition materials
on site and the inclusion of recycling facilities on major new developments.  
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Support for business and industry : General
1.1.4 The policy allows issues of sustainability, accessibility, amenity, design, conservation and
traffic issues to be taken into account.  In some instances, where it is considered that a proposed
development will have a significant impact on these issues, additional information may be
requested.  This information should be submitted with the application.  Development Management
officers are happy to give applicants advice about any additional information which may be required
depending on the type of development being proposed.
1.1.5 To give additional support to assisting economic development in the Economically Fragile
Areas identified in the Economic Diagram of the LDP variation in the permitted scales of
development will be considered through SG LDP BUS 5. Applicants should also see Policies LDP 3–
Supporting the Protection, Conservation and Enhancement of our Environment; Policy LDP 4 –
Supporting the Sustainable Development of our Coastal Zone; Policy LDP 11 – Improving our
Connectivity and Infrastructure.
1.1.6 This SG conforms to:
• SPP
• PAN 73 Rural Diversification
• PAN 33 Development of Contaminated Land
• PAN 63 Waste Management Planning
• Scottish Government Economic Strategy
• LDP Objectives A, B, D, E, H, I
Schedule B1 – Business and Industry
scales of development: 
Large-scale – buildings exceeding 600m2
footprint,
gross site area exceeding 2
hectares.
Medium scale – buildings between 200m2 and
600m2 footprint,
gross site area between 0.5
hectares and 2 hectares.
Small scale – buildings not exceeding 200m2
footprint,
gross site area not exceeding
0.5 hectares.
In the Economically Fragile Areas consideration
will be given to variation of the above permitted
scales of development - see SG LDP BUS 5.
Schedule B2 – Preferred locations for
business and industry:
In the settlements: -
• Strategic Industrial and Business Locations
(SIBL)
- are preferred locations for all scales of
business and industry development.
• Business and Industry Allocations (outwith
SIBL), Potential Development Areas (PDAs)
designated for business and/or industry
(subject to resolution of identified constraints)
and Established Business and Industry Areas*
- these are preferred locations for all scales of
business and industry development, subject
to the constraints of and appropriate capacity
within the specific sites.
• Other locations in settlements
- these are preferred locations for small scale
business development; and for small scale
industry development.
*Established Business And Industry Areas (EBIAs) – for the
purposes of SG LDP BUS 1, these areas correspond to EBIAs as
shown in the proposal maps as well as to individual lawful
business and industry use on sites which are not currently
mapped in the plan.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for business and industry : General
SG LDP BUS 2 –  Business and Industry Proposals in the Countryside
Development Management Zones*
This policy provides additional detail to policy LDP 5 – Supporting the Sustainable Growth of
Our Economy of the Adopted Argyll and Bute Local Development Plan.
Proposals for the development of new, or extensions to existing business and industrial
enterprises (Use Classes 4, 5, 6 and 7*) in the Countryside Development Management Zones
will only be permitted where:
(A) The development is of a form, location and scale, consistent with policy LDP DM 1.  Of
particular note: Development proposals must also take account of SG LDP ENV 14 and
comply with Schedule B1 and Schedule B3; OR,
(B) Proposals are for all scales of development in the rural opportunity areas, or for small
scale development in the countryside zone, where the applicant can demonstrate a clear
operational need for a specific location within these zones.
In all cases the proposals will also require to meet the following criteria:
(i) Greenfield sites are avoided if brownfield land (see glossary) is available close by;
(ii) The proposal is consistent with any other relevant Local Development Plan policies and
SG;
(iii) Technical standards in terms of parking, traffic circulation, vehicular access and
servicing, and pedestrian access are met in full (see  SG LDP TRAN 6 - Access and Parking
);
(iv) The design, scale and siting of the new development respects the landscape/townscape
character and appearance of the surrounding area (see  SG –Sustainable Siting and
Design Principles and SG LDP ENV 14);
(v) Good quality agricultural land is avoided, if poorer quality land is available close by.
Depending on the scale and type of development proposed, where appropriate, agreements
under Section 75 of the Town and Country Planning (Scotland) Act 1997 will be entered into
for the purpose of restricting or regulating the development or use of the land.
The granting of planning permission for exploration or appraisal proposals will be without
prejudice to any subsequent application to develop at that location.
The Council acknowledges that exploratory work may be required to assess the viability of
projects.  However, permitting exploratory work does not commit the Council to
subsequently approving a detailed commercial development for that site, irrespective of the
outcome of the exploratory findings.
* Countryside Development Management Zones consist of Rural Opportunity Areas, Countryside Zone, Greenbelt
and Very Sensitive Countryside.
*Details of the Use Classes are given in the LDP SG.
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Argyll and Bute Local Development Plan – Supplementary Guidance
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Schedule B3 – Preferred locations for
business and industry:
In the countryside
• Business and Industry Allocations,
Potential Development Areas (PDAs) designated
for business and/or industry (subject to resolution
of identified constraints)
- All scales of business and industry
development, subject to the constraints of
and appropriate capacity within the specific
sites.
• Other locations in the countryside
- Small scale business and industry development
on infill, rounding-off and redevelopment sites
in the countryside zone and rural opportunity
areas; these to be non-residential locations**
in the case of industry.
**locations where residential use does not predominate – this
includes mixed use areas.
1.1  Explanation of Policy Objectives
1.1.1 With the exception of small scale business and industry development, the preferred location
for business/office and industrial proposals is within existing settlements, as this strengthens their
viability and vitality, reduces transport costs and makes use of existing infrastructure and public
investment.  
1.1.2 However, Argyll and Bute has a number of indigenous and emerging industries that are not
suited to a location within an existing settlement. The special needs of the fragile economic areas
are also recognised.  There may also be business opportunities arising from farm, croft or estate
development programmes.  Therefore, where an applicant can clearly demonstrate that their
proposal requires a location in the countryside, permission will normally be granted, providing that
redundant buildings and brownfield sites are used where possible.  Any proposal must also satisfy
the criteria listed in the policy and if required ensure that appropriate site restoration proposals are
in place.  In cases where additional control is required an agreement under Section 75 of the Town
and Country Planning (Scotland) Act 1997 will be negotiated.
1.1.3   For tourism development please refer to SG LDP TOUR 1.
1.1.4 This SG conforms to:
• SPP –
• PAN 73 Rural Diversification
• PAN 33 Development of Contaminated Land
• PAN 63 Waste Management Planning
• Scottish Government Economic Strategy
• LDP Key Objectives A, B, D, E, H, I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for business and industry : General
SG LDP BUS 3 –  Safeguarding Existing Business and Industry Sites
This policy provides additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
The loss of existing business and industry areas* to non-employment uses will not be
permitted unless it has been demonstrated, to the planning authority’s satisfaction, that:
(A) the retention of the land or premises for employment use has been fully explored
without success; OR,
(B) The land or premises are unsuitably located in terms of its impact on the surrounding
environment, the generation of traffic and its impact on the general amenity of the area or
adjoining occupiers; AND
there does exist suitably located land or premises either on the market or with outstanding
planning permissions for displaced firms to relocate to within a reasonable distance.
New uses at these locations will need to be consistent with all other LDP policies and
Supplementary Guidance (SG) where relevant.
*Established Business And Industry Areas (EBIAs) – for the purposes of policy SG LDP BUS 3, these areas correspond to
EBIAs as shown in the proposal maps as well as to individual lawful business and industry use on sites which are not
currently mapped in the plan.
1.1  Explanation of Policy Objectives
1.1.1 The aim of this policy is to safeguard existing business and industry areas.  The Council
however recognises that there are some business and industrial uses that are located in
inappropriate areas, including being adjacent to residential areas or in areas of high amenity such as
the Green Belt and National Scenic Areas.  The redevelopment of these sites will therefore be
encouraged provided suitable alternative accommodation could be made available for any displaced
firms.  The Council will also ensure that the new use of the site will be appropriate to the location.
1.1.2 This SG conforms to
• SPP
• PAN 73 Rural Diversification
• Scottish Government Economic Strategy
• LDP Objectives A, B, D, E, H, I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for business and industry : General
SG LDP BUS 4 – Strategic Industrial and Business Locations
This policy provides additional detail to policy LDP 5 – Supporting the Sustainable Growth of
Our Economy of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council will support the further development of five strategic industrial and
business sites in the Local Development Plan.  The sites have been identified in the following
locations.
• Dunstaffnage European Science Park;
• Kilmory Industrial Estate;
• Machrihanish Green Energies Hub;
• Sandbank Industrial Estate;
• Faslane Naval Base (linked to the Maritime Change Project):
These sites are important in order to help generate future investment into Argyll and Bute
and generate high quality jobs for local people.
The LDP will support the addition of employment generating activities on these sites and the
Council and its partners will prepare, where appropriate, Masterplans for each of the sites to
help provide investor certainty and encourage their future development. The sites have been
identified on the Economic Theme Diagram and the Proposals Maps of the LDP.
Proposals for these sites will also need to be consistent with all other LDP policies and
associated SG where relevant.
1.1  Explanation of Policy Objectives
1.1.1 A central aim of the LDP is to deliver sustainable economic growth.  The identification of the
five Strategic Business and Industry Sites will help achieve this and the Council will work with its
partners, including the private sector, HIE and Scottish Enterprise to drive things forward.
1.1.2 This SG conforms to:
• SPP
• LDP Key Objectives A and D
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for business and industry : General
SG LDP BUS 5 –  Economically Fragile Areas
This policy provides additional detail to policy LDP 5 – Supporting the Sustainable Growth of
Our Economy of the Adopted Argyll and Bute Local Development Plan.
In the Economically Fragile Areas, identified in the LDP Economic Diagram, consideration will
be given to variation of the permitted scales of economic development where it is judged by
the planning authority that:-
i) it has been demonstrated that no suitable preferred location is available;
ii) the proposal is directly linked to the main potential growth sectors supported by the
LDP and EDAP;
iii) a sustainability checklist has been completed and it has been demonstrated that any
concerns that have been identified over the sustainability of the proposal can be
addressed satisfactorily;
iv) Greenfield sites are avoided if brownfield land (see LDP glossary) is available in close
proximity;
v) In residential locations the proposed development would not erode the residential
character of the area, or adversely affect local residents, through an increase in traffic
levels, noise, fumes or hours of operation;
vi) The proposal is consistent with any other relevant Local Development Plan policy and
associated SG;
vii) Technical standards in terms of parking, traffic circulation, vehicular access and
servicing, and pedestrian access are met in full (see SG LDP TRAN 9 - Access and
Parking);
viii) The design, scale and siting of the new development respects the landscape/townscape
character and appearance of the surrounding area (see SG –Sustainable Siting and
Design Principles).
1.1  Explanation of Policy Objectives
1.1.1 Fragile areas are characterised by factors including declining population, scarcity of economic
opportunities, proportionately fewer young people, geographical and transport challenges, and
below average income levels.
1.1.2 These areas are recognised by Highlands and Islands Enterprise as requiring interventions to
develop enterprise and help local people create new economic opportunities.
1.1.3 It is important to support development in these areas that have significant economic and
social impact, assist businesses and social enterprises to generate growth and social impacts, and
contribute to community resilience.
1.1.4 To support economic growth and population retention in the Fragile Areas the LDP identifies
a range of economic development opportunities. The LDP also sets out a settlement strategy which
provides a framework to deliver sustainable development for the communities in these areas. In
addition, to provide increased flexibility from the planning system in support of the LDP objectives
for sustainable economic growth and to support population retention and growth in these areas the
Fragile Areas SG BUS 5 permits consideration of the variation of scales of economic development.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for business and industry : General
1.1.5 This SG conforms to
• SPP,
• PAN 73 Rural Diversification
• Scottish Government Economic Strategy
• LDP Key Objectives B, C, D, E, H, I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for Industry and Business – Main Potential Growth Sector : Tourism
SG LDP TOUR 1 – Tourist Facilities and Accommodation, Including Static and
Touring Caravans
This policy provides additional detail to policy LDP 5 Supporting the Sustainable Growth of our
Economy.
There is a presumption in favour of new or improved tourist facilities and accommodation
provided:
(A) The development is of a form, location and scale, consistent with Policy LDP DM 1;
(B) They respect the landscape/ townscape character and amenity of the surrounding area;
(C) They are reasonably accessible by public transport where available, cycling and on foot, or
would deliver major improvements to public transport services;
(D) They are well related to the existing built form of settlements or the existing development
pattern outwith the settlements and avoid dispersed patterns of development, unless the
developer has demonstrated a locational requirement based on the need to be near to the
specific tourist interest being exploited, and that the facility will not damage those interests;
AND,
(E) The proposal is consistent with other policies and SG contained in the Local Development
Plan;
(F) In the green belt tourism development should only relate to farm diversification schemes
such as the conversion and restoration of existing traditional buildings, woodland related
activities, or recreational uses that are compatible with an agricultural or natural setting.
Tourist Scales of Development
Large
Scale
exceeding 60 letting units; or
other tourist facility buildings over
600m2** gross; or
exceeding 50 caravan or stances; or
exceeding 100 tent pitches. ; or
any similar scale combination of the
above e.g.  26 caravans and 51 tent
pitches are at the bottom end of
large scale
Medium
Scale
exceeding 11-60 letting units; or
other tourist facility buildings
between 200 and 600m2 gross**;or 
11-50 caravans or stances; or
50-100 tent pitches, or
any similar scale combination of the
above e.g. 25 caravans plus 50 tent
pitches would be the top end of
medium scale
Small
Scale
up to 10 letting units; or
other tourist facility buildings up to
200m2** gross; or
up to 10 caravans or stances; or
up to 50 tent pitches; or
any similar scale combination of the
above e.g. 5 caravans and 25 tent
pitches would be the top end of
small scale
** to include no more than 200 sq
m gross retail floor space(Class 1).
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for Industry and Business – Main Potential Growth Sector : Tourism
1.1 Explanation of Policy Objectives
1.1.1 Every area of Argyll and Bute has potential for tourism.  In a fragile rural economy, the
tourism industry offers the prospect for real growth.  It is something that everyone can benefit from
and participate in.  The aim of this Policy and the Local Development Plan is to encourage
development but at the same time protect residential amenity and Argyll and Bute’s outstanding
environment.
1.1.2 As long as it is not overdeveloped, tourism is essentially a sustainable industry. It is of
considerable potential value to the economy of Argyll and Bute as recognised in the Economic
Development Action Plan.  It is also a key sector in Scotland’s Economic Strategy March 2015 and
this sector is supported by both Highlands and Islands Enterprise and Scottish Enterprise.  As such
tourism should be promoted and for this reason facilities for participation sports and other
recreational activities requiring unimpeded access to remote open country will normally be accepted
on appropriate sites in the Countryside Development Management Zones (see SG LDP REC/COM 1). 
However, tourism must not destroy those very qualities that bring tourists to the area in the first
place.  Tourist related development must therefore be carefully located, sited and designed to
provide high quality facilities that fit successfully into the environment.  Retail outlets in particular
will only be accepted where they are clearly ancillary to a tourism activity. 
1.1.3 Tourism development and facilities can generate large amounts of traffic, mainly in the form
of cars.  It is therefore important that they are located in areas and locations which are accessible by
public transport where available, and other modes such as cycling and walking.
1.1.4 This SG conforms to:
• SPP ,
• Scotland's Economic Strategy March 2015
• LDP Key Objectives A,B,C, D, E, H, I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for Industry and Business – Main Potential Growth Sector : Tourism
1.1 Explanation of Policy Objectives
1.1.1 The tourist industry plays a significant role in the future economic prosperity of Argyll and
Bute.  The aim of SG LDP TOUR 2 is to safeguard the role of key tourism sites and areas – referred to
in this plan as Valued Tourism Areas (VTAs).  These areas are viewed as key sites within the overall
tourism infrastructure of the planning area e.g. the main tourist caravan sites or bed and breakfast
areas form part of an integral network of facilities which if broken would be to the detriment of the
whole network.  
1.1.2 Other proposed development within a VTA will be resisted where it is considered to have a
detrimental effect on that VTA, which reduces its ability to function either individually or as part of
the tourism network. Valued Tourism Areas have been identified in the Main Proposals maps of the
Local Development Plan.
1.1.3 This SG conforms to:
• SPP ,
• LDP Key Objectives A,B,C, D, E, H, I
SG LDP TOUR 2 – Safeguarding Valued Tourist Areas Vulnerable to Change
of Use
This policy provides additional detail to policy LDP 5 Supporting the Sustainable Growth of our
Economy
Within a Valued Tourist Area Vulnerable to Change of Use (VTA), non-tourist related
development shall be resisted unless it comprises:
(A) An alteration, extension or expansion of an existing non-tourist related development on its
current site within the VTA; OR,
(B) The provision of managerial and other staff accommodation directly associated with the
tourist related development within the VTA; OR,
(C) Other development which will not directly or cumulatively prejudice the effective
functioning of the VTA (both in its own right and in respect of its network function) and there
being little likelihood of objection arising from the proposed use in relation to neighbouring
tourist related development; AND,
(D) The proposal is consistent with all other policies and SG of the Local Development Plan.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Support for Industry and Business – Main Potential Growth Sector : Tourism
1.1 Explanation of Policy Objectives
1.1.1 Tourism is a strategically important sector for Argyll and Bute that will continue to play a
significant role in the economy of Argyll and Bute as recognised by the LDP and the Council’s
Economic Development Action Plan (EDAP).
1.1.2 The identification of Tourism Development Areas throughout Argyll and Bute highlights the
potential for this industry to expand in a sustainable way close to major tourist routes.
1.1.3 During the life of this LDP additional Supplementary Guidance will be developed to help
inform future tourism development within these areas in conjunction with HIE, SE, FCS and
VisitScotland.  The LDP has also helped identify a number of key tourism sites throughout Argyll and
Bute in the form of allocations and potential development areas.
1.1.4 Finally, it should be noted that the identification of Tourism Development Areas within the
LDP does not preclude tourism investment in other areas of Argyll and Bute.
1.1.5 This SG conforms to:
• SPP
• LDP Key Objectives A, B, C, D, E, H, I
SG LDP TOUR 3 – Promoting Tourism Development Areas
This policy provides additional detail to policy LDP 5 Supporting the Sustainable Growth of our
Economy.
The Tourism Development Areas shown on the Economic Diagram in the LDP contain significant
opportunities for the sustainable growth of the Argyll and Bute tourism industry. 
These areas will be promoted by a range of partners (HIE, SE, FCS, Local tourist organisations
and VisitScotland) to encourage the further development of new high quality tourism
developments that are intended to add to the appeal of Argyll and Bute as a compelling
destination for tourists and also as a better place to live for local residents.
Wherever practicable existing infrastructure will be utilised and best use will be made of all
modes of transport to access new sites 
Applications for new tourism developments will also be subject to all other policies and SG of
the LDP.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Retail Developments (including changes of use to and from shops)
SG LDP RET 1 – Retail Development in the Main Towns and Key Settlements –
The Sequential Approach
This policy provides additional detail to policy LDP 7 Supporting our Town Centres and Retailing of
the Adopted Argyll and Bute Local Development Plan.
There will be a presumption in favour of retail development (Use classes 1, 2 and 3*) provided:
(A) It is within a defined town centre; OR,
(B) Where the developer demonstrates that no suitable sites within defined town centres are
available, on the edge of a defined town centre; OR,
(C) Where the developer demonstrates that no suitable sites are available within defined town
centres, or on the edge of defined town centres, elsewhere in the town in a location that is or can
be made accessible by a choice of means of transport; AND IN ANY OF THESE CASES,
(D) There is no significant detrimental impact on the vitality or viability of existing town centres
(the Council may request an assessment at the developer’s expense, as it considers necessary, to
establish this, and may require applications to be accompanied by a reasoned statement of the
anticipated impact of the proposal on the town centre); AND,
(E) The proposal is consistent with all other LDP Policies and associated SG.
Convenience shops located and designed to serve only a local residential area, as well as those
associated with recognised tourist facilities, farm and factory shops, are exempt from the
sequential test requirement but may require a Retail Impact Assessment at the Planning
Authority’s request.
*Details of the Use Classes are given in the Town and Country Planning (Use Classes) (Scotland) Order 1997.
Scales of retail development:
Large-scale retail
development -
Building exceeding 1,000
sq gross floor space
Medium-scale retail
development -
Building between 201 sq
m – 999 sq m gross floor
space
Small-scale retail
development -
Buildings up to 200 sq m
gross floor space
1.1 Explanation of Policy Objectives
1.1.1 The aim of this guidance is to protect and enhance the vitality and viability of the defined
town centres in the larger settlements of Argyll and Bute through a sequential approach to new
retail development.
1.1.2 The sequential test for selecting sites for new retail development ensures that first
preference is given to town centre sites, followed by edge of centre sites, and then finally out-of-
town centre sites.  Otherwise, opportunities to enhance the retailing role of town centres may be
lost and their role may become threatened.  The only exceptions to this requirement are small shops
serving the day to day needs of local communities and specialist forms of retailing such as those
associated with recognised tourist facilities, farm shops and factory shops where the retail floor
space element is less than 200 square metres, and this is ancillary to the main business use of the
site.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Retail Developments (including changes of use to and from shops)
1.1.3 When considering new retail development proposals the Planning Authority will look closely
at the potential impact on the vitality and viability of existing town centres.  New retail
developments will therefore have to demonstrate that they will not have a significant adverse
impact.  If a potential adverse impact is identified, this will have to be mitigated through an
appropriate developer contribution or such other action (possibly under a Section 75 Agreement).
1.1.4 Town Centres and Edge of Town Centre Zones (including Core Shopping Areas) have been
identified on the main Proposals Maps.
1.1.5 This SG conforms to:
• SPP ,
• LDP Policy 7 – Supporting Our Town Centres and Retailing)
• LDP Key Objectives  A, C, D, E, G, H and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Retail Developments (including changes of use to and from shops)
SG LDP RET 2 – Change of Use to and from Use Class 1 (Shops) in the Core
Shopping Areas of the Main Town Centres
This policy provides additional detail to policy LDP 7 Supporting our Town Centres and Retailing of
the Adopted Argyll and Bute Local Development Plan.
Within the ground floor frontage premises in the “core shopping areas” of  Campbeltown, Dunoon,
Helensburgh, Lochgilphead, Oban and Rothesay, change of use from non-retailing uses to Use
Class 1 (Shops) is consistent with this policy.
Within these ground floor frontage premises change of Use Class 1 (Shops) to any other use other
than a Use Class 3 (Food and Drink), is contrary to this policy unless it is demonstrated that:
Every effort is made by the applicant to retain a lively street frontage.
The premises have been vacant and unused for at least 12 months despite reasonable attempts
(including a clear marketing strategy) to market the property/business; OR,
The development is part of a wider building refurbishment or redevelopment which, in the view of
the planning authority, will add value to the economic vitality or built environment of the town
centre.
1.1 Explanation of Policy Objectives
1.1.1 Within the six main town centres of Argyll and Bute “core shopping areas” have been
identified on the proposals maps.  In these areas the vitality of the town centres and the commercial
interests of individual shops benefit from ground floor shop premises being close to one another.
The guidance seeks to limit the change of use within these core shopping areas and ground floor
premises to a range of uses, which are viewed as being complimentary with one another and as
reinforcing the economic integrity of these areas and a lively street frontage is retained.  The
frontage premises correspond to the retail frontage excluding rear storage, offices or servicing areas.
1.1.2 This SG conforms to:
• SPP ,
• LDP Policy 7 – Supporting Our Town Centres and Retailing
• LDP Key Objectives  A, C, D, E, G, H and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Retail Developments (including changes of use to and from shops)
SG LDP RET 3 – Retail Development in the Key Rural Settlements, Villages
and Minor Settlements
This policy provides additional detail to policy LDP 7 Supporting our Town Centres and Retailing
of the Adopted Argyll and Bute Local Development Plan.
There will be a presumption in favour of retail development (Use Classes 1, 2 and 3) provided:
(A) The principles of the sequential test outlined in SG LDP RET 1 (Retail Development in the
Main Towns – the Sequential Approach) are satisfied;
(B) The proposal does not exceed 1,000m2 gross retail floor space;
(C) Reasonable account has been taken by the developer of the possibilities of locating the
proposal on brownfield land or in disused buildings;
(D) The site has good access to the public transport network, where available, or delivers
major improvements to public transport services in scale with the development; AND,
(E) The proposal is consistent with all other policies and associated SG in the Local
Development Plan.
Convenience shops located and designed to serve only a local residential area are exempt from
the sequential test requirement but may require a Retail Impact Assessment at the Planning
Authority’s request.
1.1 Explanation of Policy Objectives
1.1.1 The Council seeks to protect and enhance the vitality and viability of undefined shopping
centres in the smaller settlements in Argyll & Bute through a sequential approach to new retail
development, and only allow out of centre retail development in exceptional circumstances.  The
rural shopping centre will be taken to be that area which can be described as such by the
juxtaposition of land uses and its central location.
1.1.2 Rural shops play a key role in supporting a healthy rural economy.  The aim is to support local
facilities that provide an effective and valuable service to the community.  In terms of retailing,
existing food stores and small supermarkets often play a key role in maintaining the quality and
range of shopping in rural centres as well as providing an essential service to both the surrounding
settlement and its hinterland.  These centres are preferred locations for both comparison and
convenience retail development.
Given the potential impact on the variety of shopping in rural centres as well as surrounding
settlements and village shops, the scope for superstores and other large retail developments is likely
to be more limited in the smaller settlements than elsewhere.  Therefore, it is appropriate to
indicate a maximum store size, which is consistent with maintaining a variety of shops to ensure the
development has no net detrimental impact.  While a formal Retail Impact Assessment is required
for larger retail developments (over 2,500 sq m gross retail floor space), smaller proposals should
also be accompanied by reasoned statements of the anticipated impact on the shopping centre.  
1.1.3 This SG conforms to:
• SPP ,
• LDP Policy 7 – Supporting Our Town Centres and Retailing
• LDP Key Objectives  B, C, D, E, G, H and I
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1.1 Explanation of Policy Objectives
1.1.1 The Council aims to support the viability and vitality of the town centres, by requiring larger
scale developments to locate in these centres, but recognising that small-scale retail development
can be developed at other locations without adverse impacts on the core shopping functions of
town and village centres.  Smaller scale retail developments in the countryside, particularly where
these relate to farm diversification schemes, tourist related development (see also SG LDP TOUR 1)
and specialist niche marketing of quality Argyll and Bute products, support the aims of promoting a
diversified rural economy.
1.1.2 This SG conforms to:
• SPP ,
• LDP Policy 7 – Supporting Our Town Centres and Retailing
• LDP Key Objectives  B, C, D, E, G, H and I
SG LDP RET 4 – Retail Development within Countryside  Development
Management Zones
This policy provides additional detail to policy LDP 7 Supporting our Town Centres and Retailing of
the Adopted Argyll and Bute Local Development Plan.
There will be a presumption in favour of retail development (Use Classes 1 and 2) in the
Countryside Development Management Zones provided:
(A) Retail floor space does not exceed  200   square metres gross;
(B) New build development does not take place in Very Sensitive Countryside and open areas
within the Countryside Zone;
(C) Within the Greenbelt the proposal relates to the conversion of an existing traditional farm
building, and where the proposals are part of a farm diversification scheme primarily to serve the
tourist trade or to sell agricultural products from local farms;
(D) The proposal is consistent with all other Policies and associated SG in the LDP.
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SG LDP RET 5 – Change of Use of shops outwith Designated Town Centres
This policy provides additional detail to policy LDP 7 Supporting our Town Centres and Retailing of
the Adopted Argyll and Bute Local Development Plan.
Outside designated town centres, the Council will only permit the change of use of shops (Use
Class 1) to other uses provided:
(A) That day-to-day local convenience shopping provision/post office is available in the same
community or in close proximity to; OR
(B) That all reasonable steps over a period of 12 months have been taken to market the
property as a retail concern.
1.1 Explanation of Policy Objectives
Changes in peoples’ shopping habits have resulted in an increasing reliance on car-related, out of
town centre shopping development and a gradual loss of local/village shops.  Such changes can
undermine communities and disadvantage people who do not have ready access to private cars.
This is especially the case when the shop under threat of closure is the last in the settlement/village.
1.1.1 These guidelines are intended to help minimise the loss of local shopping facilities and
accords with the concept of sustainable development.
1.1.2 This SG Conforms to:
• SPP
• LDP Policy 7 – Supporting Our Town Centres and Retailing
• LDP Key Objective B
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SG LDP HOU 1 – General Housing Development Including Affordable
Housing Provision
This policy provides additional detail to policy LDP 8 Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) There is a general presumption in favour of housing development other than those
categories, scales and locations of development listed in (B) below.  Housing development, for
which there is a presumption in favour, will be supported unless there is an unacceptable
environmental, servicing or access impact.
(B) There is a general presumption against housing development when it involves:
In the settlements:
i) Large-scale housing development in Key Rural Settlements and Villages and Minor
Settlements;
ii) Medium-scale housing development in the Villages and Minor Settlements;
In the rural development management zones;
iii) Large and medium scale housing development in all the countryside development
management zones;
iv) Small-scale housing development in the Greenbelt, Very Sensitive Countryside and in
open/ undeveloped areas and non-croft land in the Countryside Zone.
This general presumption against housing development does not apply to single houses in the
open/undeveloped Countryside Zone, when on a bareland croft and/or where a specific
locational/operational need has been accepted by the planning authority.  In these instances an
Area Capacity Evaluation (see SG Area Capacity Evaluation) that assesses the site as being
acceptable in terms of landscape impact will be required. 
(C) Housing Developments of 8 or more units will generally be expected to contribute a
proportion (25%) of units as on site affordable housing.  Supplementary Guidance Delivery of
Affordable Housing provides more detail on where the affordable housing is required and how it
should be delivered follows on from this policy.
(D) Housing development, for which there is a general presumption against, will not be
supported unless an exceptional case is successfully demonstrated in accordance with those
exceptions listed for each development management zone in the justification for this
supplementary guidance.
(E) Housing Developments are also subject to consistency with all other policies and associated
SG of the Local Development Plan.
1.1 Explanation of Policy Objectives
Scales of Housing Development:
Small-scale will not exceed 5 dwelling units
Medium-scale between 6 and 30 dwelling units
inclusive
Large-scale exceeding 30 dwelling units
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1.1.1 The main general housing policy sets out general presumptions in favour or against different
scales and circumstances of housing within the following development management zones.
1.1.2 Housing in Settlements
In the case of settlements, the presumptions in favour or against are based largely on whether the
housing development is of an appropriate scale (small-, medium- or large-scale) for the size of the
settlement (Main Town, Key Settlement, Key Rural Settlement, Village or Minor settlement).  The
scales of housing development have been defined in SG LDP HOU 1.  
1.1.3 Where the proposal involves large-scale housing development in a Key Rural Settlement, or
medium-scale and above in a Village or Minor Settlement there is a general presumption against.
These larger scales of development would only be supported by a deliberate attempt to counter
population decline in the area, to help deliver affordable housing, or else meet a particular local
housing need.  Such proposals should not overwhelm the townscape character, or the capacity, of
the settlement and be consistent with all other policies and associated SG of the Local Development
Plan.
1.1.4 Housing in Greenbelt
Within the Greenbelt, a strict policy regime applies, based on resisting urban expansion and new
housing development.  Accordingly, there is a presumption against and resistance to new housing
development within this zone of any scale.  The only exceptions to this are, firstly, where an
operational need has been established and the applicant demonstrates that there is a specific
locational need to be on, or in the near vicinity of the proposed site, and secondly, in the very
exceptional circumstances of a housing conversion proving to be an acceptable means of securing
the future of a valued existing building or community asset, or, in the very exceptional circumstances
of housing enabling development, to secure the retention of a highly significant building at risk. 
1.1.5 Housing in Rural Opportunity Areas (ROAs)
The ROAs have been mapped specifically with a view to identifying areas within which there is a
general capacity to successfully absorb small scale housing development.  This includes open
countryside locations where appropriate forms of small- scale housing development will be in tune
with landscape character and development pattern.  Consequently, there is a presumption in favour
of small-scale housing development within this zone, subject to on-going capacity evaluation.
Conversely, there is a presumption against medium and large-scale housing development that would
not be generally appropriate for these rural areas and would undermine the intentions of the
settlement strategy.
1.1.6 Housing in Countryside Zone
The Countryside Zone does not have the general capacity to successfully absorb any scale of new
housing development when it is located away from existing buildings.  Consequently, the
presumption in favour of new housing development is restricted to change of use of existing
buildings or small-scale development in close proximity to existing buildings on infill, rounding-off,
and redevelopment sites, where these are not immediately adjacent to defined settlement
boundaries.
1.1.7 Notwithstanding the initial presumption against new housing development, on a bareland
croft or where an operational need has been established and the applicant demonstrates that there
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is a specific locational need to be on, or in the near vicinity of the proposed site, small-scale housing
may be considered in locations away from existing buildings within this zone.  This is provided there
is sufficient capacity to successfully integrate the proposed housing development within the
landscape.  The planning authority will conduct an Area Capacity Evaluation (ACE) in order to assess
the direct and cumulative landscape impact of any such development.  The ACE process is further
explained in SG Area Capacity Evaluation.
1.1.8 Housing in Very Sensitive Countryside
The Very Sensitive Countryside corresponds to the isolated coast, relatively high ground, mountain
areas and to especially vulnerable lowland areas where there is generally extremely limited capacity
to successfully absorb any scale of new housing development.  Consequently, there is a presumption
against new housing development of any scale in this zone.  The only exception made is in the very
special circumstance of a house being required for operational reasons and/or where it can utilise an
existing building.
1.1.9 Housing on Croft Land
A balance needs to be struck between supporting limited amounts of housing on crofts that will
benefit both individual crofters and the wider crofting community whilst discouraging the break-up
of croft land assets and speculative development that would be detrimental to the environment.
Accordingly new housing on bareland crofts is generally supported but is dependent on specific
proposals being assessed as having no significant adverse landscape impact and further supported
by a business case (albeit it is acknowledged that a croft has limited income potential) being
provided by the applicant.  Advice will also be taken from the Crofting Commission on the suitability
or otherwise of the croft being established.
1.1.10 Affordable Housing
There is a general commitment to facilitate greater choice in housing in terms of location, design,
tenure and cost.  However, it is recognised that the market will not be able to meet some important
housing needs.  This includes locations and circumstances where affordable housing to lower income
groups is not adequately supplied by the market.  In a limited context, the planning system can assist
with the provision and retention of such housing where a particular need for affordable housing has
been demonstrated. The housing allocation schedules in the LDP detail the level of affordable
housing required for each site, and these take precedence over the general level expressed in policy
SG LDP HOU 1.  Additional information on the provision of affordable housing is provided in Delivery
of Affordable Housing SG.
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Delivery of Affordable Housing
1. Introduction
1.1 This Supplementary Guidance provides further detail on the delivery of affordable housing
in support of Policy LDP 8 of the Argyll and Bute Local Development Plan, and associated
Supplementary Guidance SD LDP HOU1.  A key aim of the Local Development Plan and
Argyll and Bute Council is to facilitate greater housing choice in terms of location, design,
tenure and cost.  However, we currently live in challenging economic times which is not
likely to change for the foreseeable future.  Consequently, given the lack of private and
public capital it is recognised that the market will not be able to meet some important local
housing needs, including affordable housing.  That said, in a limited context, the planning
system can however assist with the provision and retention of such housing where a
particular need for affordable housing has been clearly demonstrated.  
1.2 The local need for affordable housing in Argyll and Bute is set out in the Argyll and Bute
Housing Need and Demand Assessment (HNDA) which has been used to help inform the
Local Housing Strategy, Local Development Plan policy content and associated
supplementary guidance (SG).  The level of affordable housing provision required in the
Local Development Plan is indicated in the Written Statement Housing Allocations and
relevant Potential Development Areas (PDAs); Schedules and Proposals Maps. These sites
(where capacity of over 8 residential units is shown in Housing Market Areas that clearly
demonstrate affordable housing need, see paragraph. 1.3) have been selected on the basis
of their location and suitability for affordable housing provision in response to the needs
identified in the Housing Need and Demand Assessment.   
1.3  Outwith these specific sites new housing developments proposed for 8 or more homes are
required to deliver a minimum of 25% of affordable housing units.  The only exceptions to
this general requirement for affordable housing provision are for proposals which are
located within a housing market area where The Council’s HNDA studies indicate that there
is a limited requirement.  These housing market areas are identified in the Councils
approved Local Housing Strategy and Strategic Housing Investment Plan, and currently
comprise; The Island of Bute, including Rothesay and South Kintyre including Campbeltown
and for a two year period Cowal, including Dunoon.   The other exceptions are for
proposals involving the conservation and conversion of a listed building or a significant
building within a conservation area, where the provision of affordable housing would
undermine the economic viability of the proposed scheme.  Applicants will be required to
provide evidence to demonstrate that scheme proposed is the minimum required to meet
a verifiable conservation deficit that would allow conservation and reuse of the building.
1.4 Affordable housing can be delivered by a variety of means including social rented housing,
mid-market rented housing, the payment of commuted sums and also the building of
houses/apartments designed to meet the needs of first time buyers*.
* provided these are available at affordable levels as defined by the Councils Housing Need and
Demand Assessment and within the lower quartile of the housing market of their respective housing
market area.
2. Policy Context
2.1 There is a need for high quality, energy efficient and affordable housing, in the right
locations, to support our economic competiveness, social justice and sustainable
development. The Council, working in partnership with the private sector and housing
agencies, is committed to ensuring that a decent home should be within the reach of every
household. Whilst the responsibility for delivering this lies primarily with private
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developers, there are certain situations where, sufficient affordable housing may not be
available to households drawn from the lower income groups.  
2.2 Scottish Planning Policy establishes that the provision and retention of affordable housing
is a legitimate planning concern. Local Development Plan policies and associated SG must
be based on a robust assessment of local housing needs in each community to be
undertaken in conjunction with the local Housing Authority. Based on this evidence, clear
guidance must then be given on what constitutes affordable housing and the appropriate
mechanism for securing it. Policies may provide for the retention of affordable housing for
successive, as well as the initial occupants, and seek to reserve such properties for people
falling within particular categories of need. 
2.3 Suitable delivery mechanisms include the selective use of planning conditions, Section 75
and other legal Agreements and through partnership working with private developers and
Registered Social Landlords (RSLs), for example, by promoting land in public ownership, the
placing of rural burdens, or schemes that benefit from grant support. The Council’s policy
approach to affordable housing is set out in the Argyll and Bute Local Development Plan
Policy LDP 8 – Supporting the Strength of our Communities – making them better places
to live, work and visit.  Greater detail is provided in SG LDP HOU 1 – General Housing
Development Including Affordable Housing Provision.
3. Needs Evaluation
3.1 The Local Development Plan sets out anticipated housing requirement figures, which for a
ten year plan period suggest the need for the Local Development Plan to allocate sufficient
land for an average of 475 new homes per annum across Argyll and Bute. 
3.2 The Council must have regard for the proper operation of the development land market
and the viability of housing schemes, which are undertaken by the private sector. In line
with SPP and Pan 2/2010, it is concluded that an objective target of a minimum of 25%
affordable housing provision should normally be expected, and in the context of Argyll and
Bute that this should be applied to all developments comprising eight or more new homes
located within those housing market areas which have been identified with affordability
issues. 
4. Definition of Affordable Housing
Categories of affordable housing have been defined in SPP and PAN 2/2010 as:
Social rented
• Housing provided at an affordable rent and usually managed locally by a RSL such as a
Housing Association, Housing Co-operative, local authority or other housing body
regulated by the Scottish Housing Regulator.
Subsidised low cost housing for sale
• Subsidised low cost sale - a subsidised dwelling sold at an affordable level.  Discounted
serviced plots for self-build can contribute. A legal agreement can be used to ensure that
subsequent buyers are also eligible buyers. In rural areas this may be achieved through a
rural housing burden.
• Shared ownership - the owner purchases part of the dwelling and pays an occupancy
payment to a RSL on the remainder. The owner can buy percentages of 25%, 50% or 75%
of the property;
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• Shared equity - the owner pays for the majority share in the property with the RSL, local
authority or Scottish Government holding the remaining share under a shared equity
agreement. Unlike shared ownership, the owner pays no rent and owns the property
outright.
Unsubsidised low cost housing for sale
• Entry level housing for sale - a dwelling without public subsidy sold at an affordable
level. Conditions may be attached to the missives in order to maintain the house as an
affordable unit to subsequent purchasers.
• Shared equity - the owner purchases part of the dwelling, with the remaining stake held
by a developer.
Mid-market or intermediate rented
• Private rented accommodation available at rents below market rent levels in the area
and which may be provided either over the medium or long term.
5. Mechanisms for Securing Affordable Housing
5.1 Where the housing allocation schedule requires affordable housing to be provided, this is
expected to be fully integrated on site, delivered by a number of different mechanisms
including shared equity where appropriate and taken forward in a tenure blind manner.
Only in exceptional circumstances and once the developer has demonstrated to the
satisfaction of the Planning Authority that on site provision is not practicable will other
options then be considered.   In order to secure the most appropriate affordable housing for
each site therefore a sequential approach will be applied to the delivery of affordable
housing, in the following order:
1(a) the provision of affordable (social rented/shared equity) housing on-site
OR
1(b) the transfer of an area of serviced land on-site to a registered social housing
provider
OR – if this is not achievable for market, investment, location or other reasons:
2(a) the provision of affordable housing (social rented/shared equity) off-site within
the same community or housing market area
2(b) the transfer of an area of services land off-site to a Registered Social Landlord
(RSL)
5.2 Option 1 – On site provision
Where affordable housing is being provided on-site the units will either be built by or
transferred to an RSL with the exception of discounted for sale, unsubsidised houses,
student accommodation and approved private rented accommodation including housing for
on-site workers. In such circumstances care should be taken to integrate the different parts
of the development. The affordable houses should be similar in design and materials to the
development of which it forms part – the objective will be that it is not possible to tell the
different tenures apart from the external appearance of the houses. 
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The whole development should be completed within a similar timescale unless otherwise
agreed and the land transferred for affordable housing should not be subject to any
particular development constraints.
Where a Registered Social Landlord, to be nominated by the Council, is involved developers
should enter into partnership / discussion with them at an early stage to ensure that the
development will provide the type and size of affordable housing required to meet the
needs in the area and that the Housing and Regeneration Division of the Scottish
Government funding requirements are met.
The developer will be required to build an agreed number, type and mix of affordable
housing units on site (to Housing for Varying Needs standards issued by the Housing and
Regeneration Division of the Scottish Government) for subsidised sale or rent through an
approved Registered Social Landlord. The housing must be sold at a price equal to the
Housing and Regeneration Division of the Scottish Government benchmark costs in force at
that time (less Registered Social Landlord on costs). Where the affordable element is to be
delivered by the developer deadlines must be set for the delivery of the affordable housing
relative to the timescale of delivery of the private housing.
Alternatively the land for the affordable housing element can be transferred to a RSL for
them to develop. Developers will agree to transfer an area of serviced land for a valuation
based on affordable housing only (as agreed by the District Valuer or an agreed chartered
valuation surveyor) to an approved Registered Social Landlord. The valuation will be the
residual valuation based on the Housing and Regeneration Division of the Scottish
Government benchmarks less development costs.
5.3 Option 2 – Off Site Provision
In cases where on-site provision is unacceptable, the Council may be willing then to accept
the provision of affordable housing off-site or the transfer of an area of serviced land off-
site. The judgement as to whether off-site provision is acceptable will be based on a number
of factors including the desire to achieve balanced communities, the individual site
circumstances in terms of the location and accessibility, and any difficulties associated with
its development.
If Argyll and Bute Council is prepared to accept the provision of the affordable housing
contribution off-site the developer will be required to build an agreed number, type and mix
of affordable housing units on another site in the community that is under their control (to
Housing for Varying Needs standards issued by the Housing and Regeneration Division of the
Scottish Government) for subsidised sale or rent through an approved Registered Social
Landlord. The housing must be sold at a price equal to the Housing and Regeneration
Division of the Scottish Government benchmark costs in force at that time (less Registered
Social Landlord on costs). Where the affordable element is to be delivered by the developer
deadlines must be set for the delivery of the affordable housing relative to the timescale of
the private housing. For the avoidance of doubt any provision of affordable housing off-site
will be in addition to the affordable housing requirement relating to the alternative site, 
OR
Alternatively the land for the affordable housing element can be transferred to a RSL for
them to develop. Developers will agree to transfer an area of serviced land for a valuation
based on affordable housing only (as agreed by the District Valuer or an agreed chartered
valuation surveyor) to an approved Registered Social Landlord.
Where the options 1 or 2 are not available for market, investment, location or other
reasons  the following options can also be considered on an equal basis namely;-
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5.4 Option 3 - Commuted Payment
Commuted Payment (Sum to be agreed by the District Valuer* for each Housing Market
Area)
The use of commuted Payments may be acceptable only if there are no acceptable sites
brought forward after following the sequential tests above. However given the limited
nature of the funds available to provide affordable housing in Argyll and Bute the Council
fully acknowledges the use of commuted payments may become increasingly common.
These payments will be used to enable off-site provision to make an equal and equivalent
financial contribution to an affordable housing accumulator fund managed by Argyll and
Bute Council to promote the direct provision of affordable accommodation with an
approved Registered Social Landlord on other sites in the local housing market area. Income
from this source will be identified in the local authority’s Strategic Housing Investment Plan
(SHIP) The commuted payment should be equivalent to the difference between the value of
the affordable housing unit and the value of the equivalent private unit to ensure that the
financial impact to the developer is the same as if the developer provided the affordable
units on site. Where commuted payments are agreed, they will normally be payable at the
same stage as on site provision would have been required in order to ensure that the time
lag between  the  supply of private housing and the affordable housing is minimised.
If the Council is unable to attract public funding for the provision of affordable housing
within a five year period (from completion of the first private house) in the form of onsite or
off-site provision, then the provision in relation to commuted payments will be invoked and
the developer will be entitled to develop the remainder of the site for mainstream housing.
*To assist with this process the Council has commissioned the District Valuer to produce a set of valuations for
each housing market area in Argyll and Bute, and these will be used to calculate standard levels of commuted
payment which will be expected in lieu of onsite provision.
The level of commuted payment will be calculated so as to ensure that the pro rata financial
burden is the same as on site provision. This is based on the Residual Land Value method,
which means that the commuted sum is based on the value of the serviced land for general
needs housing minus its value for affordable housing.  Where a Landowner or developer is
unhappy with the standard commuted payment levels, they may at their own expense
request an individual valuation from the District Valuer, this will require an open book
approach and be based on the residual land valuation method outlined above.
5.5 Option 4 – Discounted low Cost Sale
Discounted low cost sale – a dwelling sold at a percentage discount of its open market value
to households in the priority client group.  Discounted serviced plots for self-build can also
contribute, particularly in rural areas.  A legal agreement can be used to ensure that
subsequent buyers are also eligible buyers.  
In rural areas this may be achieved through a rural housing burden under the Title
Conditions (Scotland) Act 2003. The Rural Housing Burden (RHB) retains a pre-emption right
to secure the affordability of land bought and the houses then built on it, so that successive
local purchasers on modest incomes, who could not otherwise afford to compete on the
open housing market, will be able to access a form of low cost home ownership in which the
“subsidy” remained locked in forever. Local Housing Associations and Trusts are registered
rural housing bodies which means they would be allowed to attach Rural Housing Burdens to
the title of land sold.
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5.6 Option 5 – Affordability by Design and without Subsidy
Housing without subsidy - non-subsidised affordable housing is likely to take the form of
entry level housing for sale, some built at higher densities and with conditions attached to
the missives designed to maintain the houses as affordable units to subsequent purchasers.
Homes delivered without subsidy may be considered to fulfil part of the overall affordable
housing requirement where it can be clearly demonstrated that they will meet the needs of,
and be affordable to, groups of households identified through a housing needs assessment.
These houses/apartments should be designed to meet the needs of first time buyers and be
available at affordable levels as defined by the Councils Housing Need and Demand
Assessment and within the lower quartile of the housing market of their respective housing
market area.  
6. Type, Design and Layout of Affordable Housing
6.1 The tenure split of affordable housing required will be informed by Argyll and Bute Council’s
Housing Needs Assessment and the Local Housing Strategy.  Out with these assessments the
type of affordable housing required will be determined on a site-by-site basis and developers
are encouraged to enter into early discussions with the Council who will advise on the type
of affordable housing required.
6.2 The affordable housing component should be well-integrated into the overall development
and have good linkages to surrounding services including public transport where available
and usable public open space or green networks in our Main Towns. The range of house
types included within the affordable element should reflect the composition of households
in need identified through the Local Housing Strategy, common housing register and current
local housing needs surveys.
6.3 Potential Developers should always aim to deliver an overall visual integration of affordable
and market housing. There should not be a significant outward difference in the style of
units or layouts between affordable and market housing. Affordable housing should
wherever possible be indistinguishable from the general mix of other houses on the site in
terms of architectural quality and detail.
7. Retention of Affordable Housing
7.1 In any of the above options for the delivery of affordable housing in Argyll and Bute the
retention of affordable housing stock as such is a factor that will require careful
consideration when securing affordable housing contributions from development proposals.
Housing Associations are expected to provide the main mechanism for the delivery of
affordable housing developments and the charitable status of many of these organisations is
important in securing the long term availability of affordable housing.
7.2 Landowners and developers will not be permitted to evade the terms of this policy by
artificial sub-division of landholdings since the terms of the Section 75 Agreement will be
made binding on successive proprietors. Agreements will require the transfer of land,
erection of buildings or financial payments for affordable housing purposes to be completed
to a similar time scale to the non-affordable housing unless otherwise agreed with the
Planning Authority.
8. Monitoring and Review
8.1 In an effort to ensure that the Local Development Plan policies, associated SG and
specifically this supplementary guidance will deliver affordable housing the Planning
Authority will monitor the use of this guidance in how it delivers affordable housing through
the planning process.  The Planning Service will publish an annual report on the number of
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affordable housing units delivered through the planning process as part of the Local
Development Plan’s monitoring.  In addition, the Council will also endeavour to update its
housing needs assessment on a regular and on-going basis.
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1.1 Explanation of Policy Objectives
1.1.1 Special group access needs to be taken into account by housing development proposals in
the interests of ensuring equality for all sectors of our society including the most vulnerable.
1.1.2 This SG conforms to:
• SPP
• LDP Key Objectives F and G
SG LDP HOU 2 – Special Needs Access Provision in Housing Developments
This policy provides additional detail to policy LDP 8 Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) Housing development proposals shall make appropriate access, recreational and open
space provision for the following special needs groups:
a. the disabled including wheelchair operators
b. those with sight and hearing impairments
c. the frail, the elderly and groups vulnerable to crime
d. young children and parents with prams
e. pedestrians and cyclists.
(B) Housing development proposals which make inadequate provision in respect of the above
will be resisted.
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Housing Greenspace
* Residential proposals specifically intended for the elderly will be exempt from providing an equipped childrens’ play
space under this policy.
**Casual open space is defined as space that is functional for informal recreation and shall not include private
gardens/driveways or road verges/landscaped areas that provide the settings of new buildings.
1.1 Explanation of Policy Objectives
1.1.1 The provision of community space or amenity areas is important in residential
developments, both in urban and rural areas, as it provides a formal outdoor space for the residents’
enjoyment.  Such spaces are particularly important in high-density developments where private
gardens are limited.
1.1.2 New developments will therefore be required to provide open space according to the
standards set out in SG LDP HOU 3 except where need is diminished due to the development being
for “special needs” housing such as sheltered accommodation; or where physical restrictions (i.e. the
development lies within a Conservation Area or high density urban space) are such that public open
space cannot be provided.  In such cases applicants may be asked to make an appropriate financial
contribution (to be determined by the Council) to improve existing facilities in close proximity to the
proposed development.
1.1.3 This SG conforms to:
• SPP
• LDP Key Objectives  E and F
SG LDP HOU 3 – Housing Green-Space
This policy provides additional detail to policy LDP 8 Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
New residential* development proposals of 20 dwelling units or more are required to provide
both:
(A) A minimum of 12 sq m per unit of casual** open space; AND,
(B) A minimum of 6 sq m per unit of equipped children’s play space including provision for
under 5 year olds; AND,
(C) Provision must be made by developers for the on-going maintenance of such open and play
space by:
(i) The developer maintaining and providing public liability insurance for the play space
area/equipment directly, and a contractual/factoring arrangement entered into by the new
landowners/ property owners.  This will include the use of a Section 75 Agreement or a
condition to ensure that this is delivered as part of a factoring scheme in perpetuity; OR, as
an alternative to all the above, and subject to the agreement of the Planning Authority.
(D) The developer will be required to make an appropriate direct financial contribution to the
Council for the improvement to an existing children’s play area in close proximity to the new
housing development.  This will involve the use of a Section 75 Agreement.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Residential Caravans and Sites
SG LDP HOU 4 – Residential Caravans and Sites (for Permanent Homes)
This policy provides additional detail to policy LDP 8 Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
No new residential caravans* or caravan sites (except for a new caravan on the basis of
temporary necessity), nor any extension to an existing site, will be permitted for permanent
homes.
For the purpose of this guidance “temporary necessity” will normally apply only to emergency
situations where re-housing is urgently required as a result of unforeseen circumstances such as
fire, flood or storm damage to a principal residence, or for the purpose of temporary occupation
when building a principal residence on site.
* This guidance also applies to all other non- permanent structures used for residential purposes.
1.1 Explanation of Policy Objectives
1.1.1 Residential caravan use for permanent homes do not normally provide a satisfactory living
environment in the Argyll and Bute wet and damp climate and is therefore not encouraged.
1.1.2 In addition static caravans are often visually intrusive in the landscape or townscape and can
have a detrimental impact on the amenity of the local area.
1.1.3 This SG conforms to:
• SPP
• LDP Key Objectives E and F
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Argyll and Bute Local Development Plan – Supplementary Guidance
Sport, Leisure, Recreation and Open Space
SG LDP REC/COM 1 – Sport, Recreation and Community facilities
This policy provides additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) There is a presumption in favour of new or improved sport, recreation and other
community facilities provided:
(i) In the settlements and countryside zones the development is of a form, location and
scale broadly consistent with policy LDP DM1, and that the scale of any development
should be determined by the size of the settlement, the nature of the facility and the
community that it serves;
(ii) They respect the landscape/townscape character and amenity of the surrounding area;
(iii) They are readily accessible by public transport where available, cycling and on foot;
(iv) They are located close to where people who will use the facility live and reduce the need
to travel: AND,
(v) The proposal is consistent with the other policies and SG contained in the Local
Development Plan;
(vi) Participation sports and recreational activities requiring unimpeded access to remote
open country are exempt from the requirements of clauses (iii) and (iv).
1.1 Explanation of Policy Objectives
1.1.1 Sport, recreational and community facilities are essential to the quality of life, health and
well-being of both local communities and visitors to Argyll and Bute.  They also play an important
and growing role in developing the economy of the area.
1.1.2 The aim of this policy therefore is to promote the creation of sport, recreation and other
community facilities such as schools, health facilities, community halls, heritage centres and art
venues  in places that are accessible by foot, cycling and public transport where it is available.  To
help assess development proposals the views of SportScotland may be sought.
1.1.3 The policy does not define the scale of community facilities in the way that other forms of
development are defined, rather there should be a more flexible approach where the scale of a
particular facility should reflect the size of the settlement or the community that it serves. It is not
realistic to specifically define the scales of different types of community facility that this policy
covers.
1.1.4 This SG conforms to:
• SPP ,
• LDP Objectives A, B, C, D, E,G, H and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Sport, Leisure, Recreation and Open Space
SG LDP REC/COM 2 – Safeguarding Sports Fields, Recreation Areas and
Open Space Protection Areas
This policy provides additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) The development or redevelopment of formally established public or private playing
fields or sports pitches or those recreational areas and open space protection areas
shown to be safeguarded in the LDP Proposals Maps shall not be permitted except
where:
(i) The proposed development is ancillary to the principal use of the site as a playing
field; Or;
(ii) The proposed development involves a minor part of the playing field which would not
affect its use and potential for sport and training; Or,
(iii) The playing field which would be lost would be replaced by a new playing field of
comparable or greater benefit for sport and in a location which is convenient for
its users, or by the upgrading of an existing playing field to provide a better
quality facility either within the same site or at another location which is
convenient for its users and which maintains or improves the overall playing
capacity in the area; Or,
(iv) A playing field and pitches strategy, prepared in consultation with SportScotland, has
demonstrated that there is a clear excess of sports pitches to meet current and
anticipated future demand in the area, and that the site could be developed
without detriment to the overall quality of provision; Or
(v) In the case of valued recreational areas (public or private) it can be adequately
demonstrated that there would be no loss of amenity through either partial, or
complete development and that an alternative provision of equal benefit and
accessibility be made available.      
1.1 Explanation of Policy Objectives
1.1.1 The aim of this policy is to safeguard areas of valued open space, sports pitches and playing
fields from being lost to new development without adequate alternatives being provided by the
developer proposing those works. 
1.1.2 This SG conforms to:
• SPP ,
• LDP Objectives A, B, C, D, E,G, H and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Key Rural Services
SG LDP REC/COM 3 – Safeguarding Key Rural Services
This policy provides additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan. 
(A) In remote rural areas the Council will only permit change of use of key rural services,
including hotels with public bars, pubs and petrol stations to other uses provided:
(i) That a similar facility is available in the same community or in close proximity to;
(ii) That evidence is provided that all reasonable steps have been taken over a twelve
month period to market the business as a going concern.
1.1 Explanation of Policy Objectives
1.1.1 The aim of the policy is to safeguard against the loss of key services and facilities such as
hotels with a public bar, public houses and petrol stations in our remote rural communities in the
interests of sustainable development and keeping these communities strong as once these facilities
are lost they are very difficult to replace.
1.1.2 This SG conforms to:
• SPP ,
• LDP Objectives A, B, C, D, E,G, H and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
Community Plans and new or extended crofting townships
SG LDP COM 2 – Community Plans and New/Extended Crofting Townships
This policy provides additional detail to policy LDP 8 Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
Proposals for community plans and new or extended crofting townships (including forest crofts)
are generally supported by the council where they can successfully demonstrate that:-
(A) they can bring significant benefits to the local community concerned and have widespread
community support;
(B) they are compatible with landscape character, including landform and the surrounding
settlement pattern;
(C) they offer a high standard of design and amenity for local residents to enjoy;
(D) there are no significant adverse impacts on natural, built and cultural features particularly
with regard to designated sites;
(E) adequate access and servicing arrangements can be achieved in accordance with establish
policy and supplementary guidance;
(F) good land management practices will be delivered (the  Crofting Commission will confirm
the bona fides for crofting proposals);
(G) the proposals comply with all other relevant policy and SG of the Local Development Plan.
In particular an ACE will be required when the proposed Community Plan or Crofting Township
lies within the Countryside development management zone.
(H) in support of planning applications for new crofting townships, the following information
will also be required:
• a business plan (albeit, there is no expectation of a full time income from a croft);
• where the proposal involves the large scale restructuring of agricultural land or use of
uncultivated /semi-natural areas for intensive purposes, then an Environmental Impact
Assessment also may be required.
• for woodland crofts, a management plan must be submitted which meets the UK
Forestry Standard and where deforestation of an area is required the Scottish
Government’s Policy on Control of Woodland Removal should be taken into account.
• a masterplan for the entire development area, focussing on issues such as the preferred
density, siting, design and layout of buildings (with reference to the Council’s suite of
Sustainable Design Guides) and associated infrastructure and services.
1.1 Explanation of Policy Objectives
1.1.1 In many parts of Argyll and Bute populations are either falling or static.  In an effort to
counter this negative trend the council welcomes the production of Community Plans and the
creation of new crofting townships in appropriate locations where it can be demonstrated that there
is widespread public support in the local area for them being established. Proposals should also be
able to demonstrate significant benefits to the wider communities within which the lie, including
both crofters and non-crofters. 
1.1.2 With Community Plans, this could be achieved through a variety of measures including the
creation of housing, business, recreation, tourism and community facility opportunities which
enhance the socioeconomics of the wider community.
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Community Plans and new or extended crofting townships
1.1.3 With Crofting Townships, this could be achieved through a variety of measures including the
significant enhancement of land through habitat creation, the growing of local food, the
management of better access or recreation provision, provision of affordable housing and/or the
retention of the land in community ownership including tenancy agreements. Whilst the preferred
route for the delivery of both Community Plans and new crofting townships is through the review of
the Local Development Plan, in some instances, particularly when the LDP are broadly adhered to,
there may also be other opportunities for new proposals to be lodged via the planning application
process.  
1.1.4 This SG conforms to:
• NPF3
• SPP
• PAN 73 – Rural Diversification
• LDP Key  Objectives B & C
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Argyll and Bute Local Development Plan – Supplementary Guidance
Planning Gain
SG LDP PG 1 – Planning Gain
This policy provides additional detail to policy LDP 8 Supporting The Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) Where appropriate the council shall seek appropriate elements of planning gain* in
association with development proposals emerging from partnership activity, from the LDP
process and from planning applications. This shall be in liaison with participating partners
and developers and be proportionate to the scale, nature, impact and planning purposes
associated with the development and shall be in accord with the Policy Tests set out in
Circular 3/2012.
In developing planning obligations, consideration will be given to the economic viability of
proposals and alternative solutions can be considered alongside options of phasing or staging
payments.
*e.g. this may cover the provision of affordable housing, in accordance with SG LDP HOU 1 within housing development
sites over 8 units in areas demonstrating housing need as set out in the LDP.
1.1 Explanation of Policy Objectives
1.1.1 Planning gain usually refers to circumstances, in association with particular development
proposals, when community benefits can be achieved such as the provision of affordable housing.
Argyll and Bute Council, along with partners, will seek to achieve such planning gain when it is
appropriate to do so and as set out in the requirements for affordable housing in the Local
Development Plan.  The Council will not expect planning gain from development proposals beyond
the stated requirement for affordable housing and green/play space provision as set out in the LDP
or where there may be a requirement for other off-site improvements/works proportional to and
directly related to the development that are necessary to allow it to proceed.  A balanced and
measured approach to planning gain issues is therefore required and this is the basis of the criteria
set out in SG LDP PG 1.
(see also Supplementary Guidance – delivery of affordable housing; SG LDP HOU 3 – Housing Green
Space)
1.1.2 This SG conforms to:
• SPP
• Circular 3/2012: Planning Obligations and Good Neighbour Agreements
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Enforcement Action
Policy SG LDP ENF 1 - Enforcement Action
This policy provides additional detail to policy LDP 5 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) Unauthorised breaches of planning control issues shall be assessed on the basis of a
planning application deemed to have been submitted for the development that is the
subject of the breach;
(B) Swift enforcement action shall be pursued and may be expected when the unauthorised
development:
(i) Has a severe and unacceptable impact on public health or public safety; OR,
(ii) Has a severe and unacceptable bad neighbour impact; OR,
(iii) Without swift remedy, will result in unacceptable damage occurring to the natural
and historic environment;
(C) Enforcement action shall be undertaken in line with the Planning Service’s Enforcement
charter taking into account the nature of the offence or potential breach of planning
control and shall be pursued at the discretion of the planning authority in proportion to
the offence and resulting risks to human, natural or built environment resources.
(D) This enforcement action shall be consistent with the principle of natural justice; shall be
co-ordinated with other enforcement processes; and shall be effectively resourced to
meet enforcement priorities.
1.1 Explanation of Policy Objectives
1.1.1 The primacy, integrity and purposes of the Local Development Plan will break down unless
there is effective enforcement of statutory planning controls.  However, enforcement action should
also be measured, co-ordinated and in proportion to the gravity and scale of the development
impact.  Of particular concern are developments which impact adversely on public health and public
safety; on neighbouring land use and property; and on those highly valued elements of the natural
and historic environment, which this plan seeks to sustain. SG LDP ENF 1 presents such a measured
approach to enforcement.
1.1.2 This SG conforms to:
• SPP
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Argyll and Bute Local Development Plan – Supplementary Guidance
Departures from the Local Development Plan
SG LDP DEP 1 - Departures To The Local Development Plan
This policy provides additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
(A) The Council shall seek to minimise the occurrence of departures to the Local
Development Plan and to grant planning permission as a departure only when material
planning considerations so justify.
(B) The incidence of departures shall be monitored as part of the review of this plan, with
consideration to be given to modifying or introducing policies that can respond effectively
to the issues underlying the departure circumstances.
1.1 Explanation of Policy Objectives
1.1.1 For the purposes of this plan, a proposed development will be a departure to the Local
Development Plan whenever it is determined by the planning authority that the development is not
in accord with one or more development management or supplementary guidance (SG).  It is
important to ensure that departures to the Local Development Plan are kept to a minimum and only
pursued whenever justified by material planning considerations. The occurrence of departures
should be monitored and the Local Development Plan itself should be kept up to date to avoid
departures becoming an increasing occurrence. This is the basis of SG LDP DEP 1.
1.1.2 This SG conforms to:
• SPP
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Argyll and Bute Local Development Plan – Supplementary Guidance
Bad Neighbour Development
SG LDP BAD 1 – Bad Neighbour Development
These policies provide additional detail to policy LDP 8 – Supporting the Strength of Our
Communities of the Adopted Argyll and Bute Local Development Plan.
Proposals for developments classed as “Bad Neighbour” Developments* will only be
permitted where all the following criteria are satisfied.
(A) There are no unacceptable adverse effects on the amenity of neighbouring residents;
(B) The proposal includes appropriate measures to reduce the impact on amenity as defined
by the use classes order (i.e. noise, light, smells);
(C) There are no significant transport, amenity or public service provision objections;
(D) Technical standards in terms of parking, traffic circulation, vehicular access and
servicing, and pedestrian access are met in full. (see SG on Access and car parking
Standards);
(E) The proposal does not conflict with any other Local Development Plan policy and SG.
SG LDP BAD 2 – Bad Neighbour Development in Reverse
In all Development Management Zones there is a general presumption against proposals that
will introduce new incompatible development and associated land uses into, or adjacent to,
areas already containing developments classed as “Bad Neighbour” Developments.*  
Policy Note:  * as defined in Schedule 7 of the Town and Country Planning (General   Development Procedure) (Scotland)
Order 1992
1.1 Explanation of Policy Objectives
1.1.1 Proposals for “Bad Neighbour” developments (including motor car, motor cycle racing, pubs
clubs, and wastewater treatment plant can be made adjacent to established residential or quiet
amenity areas.  A number of these uses often involve a high turnover of customers, often occurring
at unsociable hours or can result in unpleasant odours. Accordingly, proposals for all such uses will
be considered on their individual merits, subject to the proposals meeting the criteria of
supplementary guidance SG LDP BAD 1 in full.  Where appropriate, planning conditions or section 75
agreements under the Town and Country Planning (Scotland) Act 1997 may be used to restrict
business hours and other aspects of the operation.  In other cases land use compatibility may be
achieved by the imposition of safeguarding zones.
1.1.2 In circumstances of “Bad Neighbour” in reverse, supplementary guidance SG BAD 2 seeks not
to prejudice the operational integrity of safeguarded land use and operations.  For example, new
residential development can expect to be refused if the proposal is located in close proximity of a
waste treatment plant or industrial process plant.  
1.1.3 This SG conforms to:
• SPP ,
• LDP Key Objectives A, B, C and E
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Argyll and Bute Local Development Plan – Supplementary Guidance
Shopfront and Advertising Design Principles
1.1 Explanation of Policy Objectives
1.1.1 The aim of this SG which is linked to Policy LDP 9 – Development Setting, Layout and Design
is to control advertisements allowing for information to be displayed to the public, without loss of
character, amenity or safety.  Advertisements, which include hoardings (freestanding or otherwise),
advance signs, shop fascia and projecting signs are amongst the most lively but also potentially most
intrusive elements in our environment.  As a result they have always merited their own specific
mention in planning legislation and their own set of regulations that require controls to be exercised. 
If these controls were not exercised, character, amenity and safety may be compromised.  Due to
their special nature, Conservation Areas and Special Built Environment Areas require stricter
controls.  The control of advertisements in industrial areas will be less strict than elsewhere.
Nevertheless, the general principles of preserving amenity (e.g. appropriate scale and design) and
public safety will be applied.  Business and tourist signs, although very important, need to be
restricted to those necessary, and existing signs with no operational need should be removed.
Further information on the design of acceptable advertising is contained in Supplementary
Guidance Shopfront/Advertising Principles as set out below.
SG LDP ADV 1 - Advertisements
This policy provides additional detail to policy LDP 9 – Development Setting, Layout and Design of
the Adopted Argyll and Bute Local Development Plan.
(A) Within commercial and residential areas of settlements the Council, when considering
applications to display advertisements, will take into account:
(i) The impact on the amenity of the site, or surrounding area, or character of the building in
terms of positioning, scale, design or materials and where appropriate conform with the SG on
Shopfront/Advertising Design Principles of this Local Development  Plan;
(ii) The impact on public safety (including pedestrians and road users); AND,
(iii) Within Conservation Areas and Special Built Environment Areas, in addition to the above
points they preserve or enhance the character and amenity of the area.
(B) Within the Countryside Development Management Zones, advertisements will be refused
unless they are directional or advance warning signs for business or tourist facilities that are not
reasonably visible from any main road.  In each case it must be shown that a tourist ‘brown sign’
is not a suitable first option; AND they must satisfy A) (i), (ii) and (iii) above.
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Shopfront and Advertising Design Principles
Supplementary Guidance
Shopfront/Advertising Design Principles
The Purpose of These Principles
1.1 These design principles have been produced to ensure that planning applications for
shopfronts, canopies, hoardings and security measures are submitted with due
consideration to the historic setting and the architectural quality of Argyll and Bute’s
many towns and settlements.  These design principles apply in particular to
Conservation Areas, but could also be applied to shopfronts in other development
control zones.  This appendix also provides supplementary information on advance
warning signs in rural areas with the aim to safeguard Argyll and Bute’s outstanding
natural heritage.
1.2 Many historic shopfronts have been considerably altered or replaced over time.  These
design principles have been created with the intention of protecting and enhancing the
historic character of the Town Centre, balanced with the commercial requirements of
the shopkeepers.
The Need for Planning Permission
2.1 Planning permission is required for any alteration that materially affects the external
appearance of a building, including canopies/awnings and external security measures
(and painting within Conservation Areas).
2.2 Listed Building Consent (separate from planning permission) is required for any
alterations to a listed building which affect its character as a building of special
architectural or historic interest.
2.3 It should be noted that many proposed signs require advertisement consent.
Context
3.1  Scottish Planning Policy paragraph 60 states
• “apply a town centre first policy when planning for uses which attract significant
numbers of people, including retail and commercial leisure, offices, community
and cultural facilities;
• encourage a mix of uses in town centres to support their vibrancy, vitality and
viability Throughout the day and into the evening;
• ensure development plans, decision-making and monitoring support successful
town centres;”
3.2 These design principles follow established good practice.  Further guidance may well be
issued in the future for individual town centres such as Dunoon, Campbeltown, Oban,
Rothesay, Lochgilphead/Ardrishaig or Helensburgh to take account of their distinct local
identities.
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Shopfront and Advertising Design Principles
Shopfront Guidelines
4.1 Inappropriate shopfronts in Conservation Areas for example those constructed from garish
materials, can detract from the character of such areas.  The use of non-traditional or
gimmicky style shopfronts/architecture will be discouraged in the Conservation Areas.
4.2 Original 19thC and early 20thC shopfronts should be retained and restored.  There will be a
presumption against removal/alteration of surviving shopfronts that contribute to the
architectural quality, or historic interest of the Town Centre.
4.3 Timber fascias should be repaired as necessary and repainted.  Traditional shopfronts
should be painted rather than stained.  Garish ‘modern’ combinations of colours should
not be used, but bright traditional colours will be more acceptable.
4.4 Shop signs should preferably be painted onto the fascias or onto signboards on the
masonry above shop windows where the original signs are likely to be found.
4.5 Signs should be contained within the fascia and not repeated on window glass.
4.6 Sign materials should be compatible with those of the historic (or modern) building.
4.7 The shopfront should not be designed in isolation from the rest of the building or adjoining
frontages.  The Council will seek to achieve a level of consistency in the style of shopfronts
to ensure that new proposals blend in with neighbouring premises, displaying compatibility
of design, materials, colours and lettering between a shop and its neighbours.
4.8 Where the same user occupies the ground floor of two buildings, taking one fascia across
both frontages might destroy the individual character of the two.  Two relating fascias
should be installed, designed to suit each façade.
4.9 Lettering should be balanced-out on fascias to avoid overcrowding at one end and should
not be oversized.  If lettering is to be individually mounted it should be of good quality.
4.10 New signs should not obscure significant features of the historic building.
4.11 Where company signs are proposed they should be modified, where necessary, to ensure
that the shop front harmonises with the character of the area and the building concerned.
4.12 If the need for externally mounted light fittings can be demonstrated they should be of
unobtrusive design, size and colour, and fixed to the buildings in a manner that will not
damage the building fabric.
4.13 No internally illuminated signs or plastic fascia signs will be permitted.
4.14 The Council will endeavour to negotiate improvements to shopfronts when applications
are submitted for advertisement consent, listed building consent and planning permission
in the Conservation Areas or Special Built Environment Areas.
4.15 All of these principles recognise that a shopfront must attract customers into a shop so a
fair degree of flexibility must be exercised.  Equally, a shopping area’s character and
attractiveness to customers can be destroyed by inappropriate or unsympathetic design.
Projecting Signs
5.1 The use of projecting signs may be considered in some circumstances.  For example on
shops that are located on narrow streets.  They should not be obtrusive or restrict
pedestrian or vehicular movement.
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Shopfront and Advertising Design Principles
5.2 Projecting signs should be of good design and in proportion to the building.
Proliferation/clutter of signs should be avoided and a single projecting sign per building
frontage will normally be considered the maximum acceptable.
Shopfront Security Guidelines
6.1 The addition of shopfront security must be given careful consideration as the inclusion of
such measures can have a damaging effect on the visual amenity of a streetscape.
6.2 Where shopfront security is essential, it is necessary to ensure that the
historical/architectural character of the Conservation Areas and Special Built Environment
Areas is maintained.  The following advice should be adhered to.
6.3 Externally fitted shutters will not be acceptable, as they would have a detrimental impact
by obscuring existing shopfronts and their details.  They can also present a rundown and
unwelcoming image to a town centre.
6.4 Externally mounted roller shutters require a large box above the window to accommodate
the shutter and substantial channels at each side of the opening to guide the shutter down
and provide side restraint.  The architectural quality of the shopfront and the street on
which it is situated will be greatly diminished.
6.5 Another problem associated with externally fitted shutter systems is that potential
customers will not be able to view goods in the window when the shop is closed.
6.6 Removable external grills will be considered to be more appropriate than fixed shutter
systems, provided that daytime storage is available.  Alternatively, brick bond internal
retractable security shutters may be considered behind the glass of the shop window.
6.7 In cases where the risk to security is not excessive, the use of a glazing material that will
resist breakage, such as laminated or toughened safety glass may offer adequate
protection.  Anti-bandit glass has thicker layers than laminated glass and provides greater
security, without the need to install internal or external grilles.
Sunblinds/Awnings and Dutch Canopies
7.1 The erection of sun blinds (also referred to as awnings) and canopies in Conservation Areas
will generally be discouraged by the Council unless valid reasons for their introduction can
be shown (e.g. to protect perishable goods from sunlight).
7.2 The following is therefore applicable for the reason of promoting good design and
safeguarding the amenity of the town centre.
7.3 The Council will favour traditional flat projecting canvas sunblinds, which are hardwearing
and fully retractable.
7.4 Proposals for Dutch canopies, designed with a curved profile and enclosed ends, will be
discouraged on properties in Conservation Areas and Special Built Environment Areas and
on all Listed Buildings.  This is because their size, shape and projection can make them
appear intrusive thus creating difficulties of integrating them into a historic town centre.
7.5 The style/design of the proposal should be sympathetic to the building and its existing
features and they should be restricted to the width of the individual window.  Its size
should also respect the proportions of the shopfront.
7.6 The Council will favour the use of traditional sunblind materials, such as woven materials
or canvas, in preference to PVC or plastic; in neutral rather than bright colours.
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Shopfront and Advertising Design Principles
Advertisements
8.1 Advertisements play an important role in our lives, providing important safety information
and raising awareness of services and products.  In addition where sited sensitively
advertisements can have an important visual benefit, e.g. screening unsightly gap sites or
unattractive buildings. 
8.2 That said, if not carefully controlled advertisements can create clutter, undermine public
safety, especially along main roads and adversely impact on the amenity of an area,
especially in sensitive locations.
Advertising Hoardings
9.1 Location – these signs require to be confined to small gap sites in urban areas, particularly
those of a temporary nature, where it is proposed to erect a new building. There will be a
presumption against new hoardings in all of the countryside development control zones,
Conservation Areas, Special Built Environment Areas, predominantly residential areas,
open areas within settlements and on, or adjacent to, listed buildings.
9.2 Scale and Design – the scale and design of a hoarding has to relate to the size and layout of
the site.  Where a gap site is involved a generous landscaping treatment should be
incorporated.  If free standing, it should be integrated into the framework of a wall, fence
or purpose built structure.
9.3 Illumination – in areas where hoardings are permitted it will normally be sufficient street
lighting to cancel the need for additional illumination.
Advance Warning Signs for Individual Premises
9.4 Location – where the principle of an individual advance warning sign is accepted, the
display should normally comprise of one double-sided sign at the public/private road
junction leading directly to the premises advertised.  A series of repetitive signs will not be
acceptable.  In cases where two or more advance signs are justified at the same road
junction, the use of a combined sign will be strongly encouraged.  All signs must be erected
outwith the highway boundary.  Signs with a visual backdrop of existing trees, native
planting and walls will be preferred.
9.5 Scale and Design – The overall size of the advance warning sign shall not normally exceed
1200mm by 600mm or be more than 2 metres in height from ground level.  The signs
should only contain explanatory information rather than general advertising.  The
maximum size of letter used will depend on traffic speeds.
9.6 Illumination – illumination will only be permitted provided it can be done without
prejudice to road safety.  External down lighting will be the preferred method of
illumination and lights should be coloured to match the colour of the sign. 
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Sustainable Siting and Design Principles
This policy provides additional detail to policy LDP 9 –
Development Setting, Layout and Design of the Adopted Argyll
and Bute Local Development Plan.
Sustainability
1.1 The concept of sustainability was embraced at the Rio Earth Summit in 1992 and now is at
the heart of all planning policy.  The short and long-term environmental impacts of a new
development should be considered from the outset of a project and the design should aim
for sustainability.  Sustainable building makes economic sense, saving money in the long
term as well as being environmentally friendly.  In a landscape where man and the
environment are so closely linked this interdependency will work better if nature is
respected.
1.2 All new development should be designed, sited and built to be sustainable.  The
fundamental principles are set out in the following guidelines:
• Environmental Impact:  the development should integrate into the landscape or
existing built form and therefore minimise detrimental impact on the landscape and
environment.  In some cases there may be a case for high quality design that acts   as a
landmark development. The impact of access roads and tracks, infrastructure and
other services should also be considered.
• Further information on the landscape assessment methodology used to assess
particular development proposals in the countryside can be found in LDP Policy SG ACE
1.
• Protecting Agricultural Assets:  most of the agricultural land within Argyll and Bute is of
a poor quality, with no agricultural land classified as Class 1 or 2 and only small areas of
Classes 3.1 and 3.2 in Kintyre and Islay.  Nevertheless agriculture remains an important
part of the economy of Argyll and Bute and also provides forms of continuous and
locally sensitive land management.  In all countryside development management
zones, new development should not be considered where it would require the loss of
better quality agricultural land or result in the fragmentation of field systems or the
loss of access to better quality agricultural land.
• Positioning:  the development should be positioned within the landscape to make best
use of solar gain, natural ventilation and shelter from the elements and minimises
environmental disturbance;
• Energy Efficiency:  is a fundamental sustainability aim.  Development should be as
energy efficient as possible and have an energy rating. At the very least the
development should have double or triple glazing and high levels of insulation to the
whole building.  The building should be sited and planned to control solar gain,
minimise heat loss and utilize natural ventilation to minimise energy use. It is in the
interests of long term sustainability that all developments incorporate energy efficient
heating and cooling systems Alternative forms of energy, such as solar panels or wind
turbines will be encouraged where appropriate.  Draught proofing is also very
important to minimise heat loss.  Energy advice is available from the ALIenergy in Oban
and from the Council’s Building Standards Officers;
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• Lifecycle:  the lifecycle of the development, its materials and components should be
considered at the start of the project.  Higher quality materials and systems will be
more expensive at the outset but will recoup the investment in the longer term;
• Materials:  building materials should be from sustainable sources and manufacturing
processes, be recycled or otherwise have low environmental impact.  Full use should
be made of design and technology to maximise the efficient use of resources.  Sourcing
materials locally can also cut down in transport/energy costs;
• Flooding:  new development should not be built on land that is subject to flooding or at
risk from land erosion;
• Water Supply/Drainage:  new development should minimise the use of water and
utilise environmentally friendly ways of waste disposal wherever feasible including the
use of Suds.
• Habitats and Species: Valuable habitats and species should be protected, and
opportunities should be examined where possible for their enhancement.
Development Affecting National Scenic Areas – Areas of Panoramic Quality 
2.1 Argyll and Bute has some of the UK’s finest landscapes, which are a source of pleasure to
local people and visitors, as well as being of national importance.  They are an important
part of Argyll and Bute’s identity.  It is therefore vital that these landscapes are not scarred
by insensitive development and that their identity is not diluted through design that makes
the area in which we live look more like anywhere else.  The unique identity of Argyll and
Bute’s landscape is likely to be strengthened either by design that draws on traditional
forms and materials, or that builds on best qualities of modern design.
2.2 In the national context, National Scenic Areas (NSA) are considered to be of outstanding
scenic beauty and therefore worthy of special protection measures.  The designation is
primarily an aesthetic one:  it is not directly related to any ecological concerns.  In Argyll
and Bute there are 7 NSAs:
Ben Nevis and Glen Coe (Part of);
Jura;
Knapdale;
Kyles of Bute;
Loch Na Keal;
Lynn of Lorn;
Scarba, Lunga and the Garvellachs.
2.3 Planning authorities have a duty to protect NSAs from developments that would seriously
detract from their landscape value.  Within NSAs, some works that would not normally
require planning consent, e.g. vehicle tracks and road works, are required to be the subject
of a planning application.  In addition, Planning Authorities have a statutory duty to consult
Scottish Natural Heritage (SNH) on planning applications within certain categories of
development (e.g. tall buildings, groups of caravans and houses).
2.4 The conservation and enhancement of the landscape will be given prime consideration in
the determination of development proposals.  Any proposal that would harm the
landscape will be refused or amended.  Development permitted within the NSA must
therefore not damage the landscape.  This can be achieved through good design and
sensitive siting. In this regard, Landscape Capacity Studies (LCS) covering all NSAs will be
produced.  These LCSs will identify key characteristics of both the natural landscape and
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built environment within each NSA and will identify areas and locations where
development capacity exists.
2.5 The plan also identifies Areas of Panoramic Quality (APQ) that are considered important for
the quality of the landscape.  Within these areas the impact on the landscape is a major
consideration when new development is proposed.  Similarly to NSAs, Areas of Panoramic
Quality will also have LCSs produced in order to address this issue.
2.6 All significant developments or land use changes within or impacting on NSA or Areas of
Panoramic Quality as defined in the Local Development Plan Proposals Maps will be
assessed for their compatibility with present landscape character as detailed in the SNH
Argyll and Firth of Clyde Landscape Character Assessment. 
Design of New Housing in the Countryside Development Management Zones – see also SG
LDP ACE 1
3.1 In many places the Argyll and Bute landscape could be easily spoiled by careless
development.  If its uniqueness and beauty are not to be destroyed, the design and
construction of new houses within this landscape must respect local identity and the
environment.  All new buildings and other structures should be designed taking the
following advice into account.
• Location:  houses must be carefully located within the landscape to complement their
surroundings and should make the minimum possible physical impact.  Hilltop, skyline
or ridge locations should be avoided for wind exposure and visual reasons.
• Siting:  must respect existing landforms and development patterns, and the amenity of
other dwellings.  Southerly aspect and shelter should be maximised.  Clues can often
be gained from old houses as to the best orientation for a new building, relative to
shelter and aspect.
• Principles of Design:  high standards of design will be expected.  The scale, form,
proportions, materials, detailing and colour must all work together to enhance the
existing built form and landscape.  Traditionally roofs would be between 35° and 45°,
windows and doors would be carefully proportioned within the elevation, and dormers
would be subordinate to the main roof (and not box/flat-roofed).  The roof itself
should not sit directly onto the window-heads, as this disrupts the proportions of the
elevations.
• Materials and Detailing:  for a new house to sit happily within the landscape or group
of existing buildings, the materials and detailing should be compatible with the
traditions of the area and be sympathetic to the landscape.  This does not mean that
houses should be always disguised by camouflage colours or be an exact copy of
traditional houses.  More advice on the use of innovative design is provided in the
Argyll and Bute Design guides.
• Outbuildings:  should relate to the main building in form and design and be carefully
positioned on the site, relating to the house.
• Landscaping and Boundaries: Where privacy and amenity is important, built form
should be screened or buffered from viewpoints (e.g. access ways) by using
appropriate native planting.  Existing planting and hedges should be supplemented
and/or retained where possible. Hard-landscaping should be kept to a minimum and
will work best when its colour is close to that of the local stone.  Boundaries will either
integrate a site into the landscape or alienate it.  While the ideal of a dry stane dyke
may not always be possible, the most unobtrusive alternative is post and wire fencing.
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Native hedging and/or vertical boarded fences may also be appropriate, but horizontal
ranch-style fencing or block-work often appears to look very out-of-place.
• Parking:  Car parking areas should not be dominant features which are highly visible
from access ways or dominate views from within buildings.  Other things to consider
are services provision (power, telephone, water and sewerage) as well as proximity to
community facilities and services (such as schools, shops or bus-routes).
Design of New Housing in Settlements
4.1 The location of houses within a settlement is the most critical factor.  New development
must be compatible with, and consolidate, the existing settlement.  Unlike isolated and
scattered rural development, the relationship with neighbouring properties will be
paramount, as issues such as overlooking and loss of privacy may arise.  Bullet points 1, 4,
5, 6 and 7 of section 3.1 can also apply here.
4.2 As a general principle all new proposals should be designed taking the following into
account:
• Location: new housing must reflect or recreate the traditional building pattern or built
form and be sympathetic to the setting landmarks, historical features or views of the
local landscape.
• Layout: must reflect local character/patterns and be compatible with neighbouring
uses.  Ideally the house should have a southerly aspect to maximise energy efficiency.
• Access:  should be designed to maximise vehicular and pedestrian safety and not
compromise the amenity of neighbouring properties.  In rural areas, isolated sections
of urban-style roads, pavements and lighting are best avoided.
• Open Space/Density: all development should have some private open space (ideally a
minimum of 100 sq. m), semi-detached/detached houses (and any extensions) should
only occupy a maximum of 33% of their site, although this may rise to around 45% for
terrace and courtyard developments.
• Services:  connection to electricity, telephone and wastewater i.e. drainage schemes
will be a factor – particularly if there is a limited capacity.
• Design:  The scale, shape and proportion of the development should respect or
complement the adjacent buildings and the plot density and size.  Colour, materials
and detailing are crucial elements to pick up from surrounding properties to integrate a
development within its context.
Development Briefs, Design Statements and Pan 46 Assessments
5.1 Groups of new houses require attention to design and layout if they are to sit well in the
landscape and provide the best possible environment for the new residents and existing
local householders.  Following pre-application discussion, guidance in the form of a
development brief or design statement may be prepared by the Planning Authority
detailing road layout, service provision, grouping, density, scale, height, sustainability
issues, materials, colour and open space requirements.
5.2 In exceptional circumstances, a similar brief may be prepared for the development of a
single house, where for example it affects the setting of a listed building, is in a woodland
setting, or if it is in a prominent, isolated site.
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5.3 The decision as to whether or not a development brief is required will normally be taken
when an application for outline planning permission is considered, but the Planning
Authority may arrange for the preparation of one following an informal proposal by a
developer.  The Planning Authority may also call for the need to undertake a PAN 46
Assessment.
Development and Colour
6.1 New development appears less obtrusive when its colouring ties in with existing
development, or in the case of rural sites, where the colour harmonises either with the
colour of the surrounding landscape or with the colours traditional to rural development in
that area.
6.2 The traditional combination of bright white walls and black roof is as appropriate as ever.
Generally however, light coloured roofs combined with dark walls tend to be less
satisfactory, as a dark roof will visually ground the building into the landscape.
Under-Building and Excavation
7.1 Large unfenestrated under buildings generally are detrimental to buildings and look
inappropriate in most settings.  They also generally increase construction costs whilst not
providing usable accommodation on sloping sites. On sloping sites, careful positioning
combined with minor excavation works often provides a cheaper and more attractive
design solution than under-building, and can also give a house added shelter from
prevailing winds.  If a 1½ or 2 storey house is in fact what is required, on a sloping site it
should either be cut into the landscape or stepped down the hill; this will minimise both
visual and physical impact.  If a basement or garage below the living accommodation is
required, that accommodation should be designed into the building, rather than appear as
a separate element or afterthought.
7.2 The extent of any under-building or excavations should be clearly shown on submitted
plans including the use of cross-sections.  Any waste materials from excavations should be
re-graded, landscaped, and utilised to backfill against areas of under build that would
otherwise remain exposed or alternatively be removed from the site, restoring the site to
its natural condition.
Alterations, Extensions, Conversions
8.1 Where planning permission is required alterations and extensions can add valuable extra
space to a house, thereby increasing its value and if, carefully designed, improving its
appearance.  However, care needs to be taken to ensure that the design, scale and
materials used are appropriate in relation to the existing house and neighbouring
properties.
8.2 Alterations and extensions should be in scale and designed to reflect the character of the
original dwelling house or building, so that the appearance of the building and the amenity
of the surrounding area are not adversely affected.  Approval will not be granted where the
siting and scale of the extension significantly affects the amenity enjoyed by the occupants
of adjoining properties, taking into account sunlight, daylight and privacy.  Proposals to
construct two storey extensions onto single storey buildings will need special
consideration.  Care should be taken not to over-develop the site (see paragraph 4.2 on
Open Space/Density).  The following criteria will also be taken into account  when
considering house extensions:-
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(a) Extensions should not dominate the original existing building by way of size, scale,
proportion or design;
(b) External materials should be complementary to the existing property;
(c) Extensions should not have a significant adverse impact on the privacy of
neighbours, particularly in private rear gardens.
(d) Flat-roofed extensions, and multiple dormer window extensions, which give the
appearance of a flat roof will not be permitted where they do not complement the
existing house style and design.
Roadside Development
9.1 Lines of houses straggling along main roads beyond existing settlement boundaries are to
be avoided.  As they are likely to:
• increase the number of uncontrolled vehicle turning movements;
• lead to on-road parking;
• give rise to demands for lengthy sections of pavement or street lighting;
• sterilise development land to the rear;
• suburbanise the countryside, detrimentally impacting on visual amenity;
• result in greater risks to children from fast traffic than would be the case with off-road
housing.
Infill Development
10.1 Infill development can be defined as being new development on land between existing
buildings.  It is normally bounded on at least two sides by existing development, but must
have at least one side open for means of access.
10.2 The things that must be considered when developing an infill site are access and car
parking provision and the scale and design of the proposal, which should be in harmony
with the surrounding area, particularly the adjacent buildings.  The amenity and privacy of
neighbouring properties should also be considered.  Infill development should take care
not to sterilise future development opportunities.  Guidance and standards for overlooking
are given below.
Back-land Development
11.1 Back-land development can be defined as new development behind a row or group of
existing buildings.  Access to such development is normally gained via a separate road from
that serving the existing buildings, although joint accesses are sometimes possible.
11.2 Back-land development can provide additional housing within existing residential areas and
make good use of neglected and/or unused vacant land.  However, such development
needs to take account of the settlement’s existing built character and the area’s historical
development.  It requires to be designed to maintain the privacy and amenity of the
original property and allow for an appropriate and safe vehicular and pedestrian access. 
11.3 Planning applications for back-land sites should include details that clearly indicate the
siting, aspect and height of the building, the proposed and existing accesses, and a clear,
scale plan of all adjacent roads and footpaths.
Garages/Outbuildings
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12.1 Domestic garages/outbuildings are useful structures, which normally add to the amenity
and value of any house.  The scale, design and building materials should complement the
house and not dominate it, or detract from its amenity or the amenity of the surrounding
area and properties.  Generally they should be built using the same materials as the house
and be placed satisfactorily in relation to it, not haphazardly in one corner of the site.  The
total amount of building on the site should not exceed 33% of the site area.
Overlooking
13.1 Privacy in the home is something that everyone has a right to expect, and in order to
protect this basic right, new development needs to be carefully sited and designed.  The
use of windows that are taller than they are wide can greatly reduce problems of
overlooking, particularly in built-up areas or where the road or footpath is close to the
house.
13.2 The following standards have been successfully applied by the Council for many years and
it is intended that their use will continue.
13.3 No main window of a habitable room (i.e. all rooms except bathrooms and hallways) within
a dwelling shall overlook (directly facing) the main windows of habitable rooms in
neighbouring dwellings at a distance of less than 18 metres*. Plans submitted with
planning applications will be required to show the location of all adjoining properties and
the exact position of their main windows.  A distance of 12 meters is required between
habitable room windows and gable ends or elevations with only non-habitable room
windows. These standards may be relaxed where the angle of view or the design (i.e. use
of frosted glass) of the windows allows privacy to be maintained.  In some cases a
condition may be attached to a planning consent withdrawing permitted development
rights to insert new window openings.
*This may not be possible in densely built areas or ‘courtyard-type’ schemes.
Developments Affecting Daylight to Neighbouring Properties
14.1 Householders can legitimately expect a reasonable amount of direct daylight into all or at
least some living room windows, and this should be protected as far as possible in order to
maintain reasonable levels of household amenity.
14.2 When considering a site for a new house, or an extension to an existing house, applicants
should ensure that the house will not significantly affect daylight and direct sunlight to
existing neighbouring properties. Applicants should refer to published standards “Site
Layout Planning For Sunlight and Daylight” BRE 1991.
14.3 Where a proposed development has a significant adverse effect on daylight and direct
sunlight to existing neighbouring properties planning permission will be refused.
Landscaping and Biodiversity
15.1 Landscaping can significantly assist the integration of new development within the built or
natural environment.  Landscaping can take the form of soft or hard features and performs
its function best when designed as an integral aspect of a new design.
15.2 The biodiversity within and adjacent to development sites should be maintained and
improved where possible by:
• Retaining valuable habitat features
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• Avoiding any fragmentation of corridors and linkages for wildlife
• Retaining an open buffer between development and trees and watercourses
• Planting of native species for benefit to both landscape and wildlife
• Other biodiversity enhancement measures, such as bird and bat boxes, SuDS wetland
• Timing of works to avoid sensitive periods for wildlife, eg. bird breeding
See also Policy SG LDP ENV 1 – Development Impact on Habitats, Species and our
Biodiversity (ie. biological diversity) and;
The SITE BIODIVERSITY CHECKLIST
Listed Buildings, Scheduled Monuments, Historic Gardens and Designed Landscapes,
Conservation Areas and Special Built Environment Areas
16.1 Listed Buildings, Scheduled Monuments, their surroundings, Historic Gardens and Designed
Landscapes, Conservation Areas and Special Built Environment Areas are all subject to
special protection measures to ensure that, inappropriate or unsympathetic development
does not damage the property or its setting.
16.2 When undertaking any proposals; building lines, character, form, materials and detailing
must all be compatible with the existing building(s) or area subject to special protection.  
16.3 In the case of Listed Buildings, Conservation Areas and Special Built Environment Areas the
Council will apply the advice contained in Scottish Historic Environment Policy 2008.  This
guidance refers to all types of development from replacement windows to new houses or
commercial buildings.
Agricultural Buildings
17.1 New agricultural buildings should be sympathetically sited and of a high standard of design
appropriate to their setting in the landscape.  When locating agricultural buildings
consideration should be given to the local topography and the scale and colour of the
building.  Sites on the skyline should be avoided, natural contours should be used to marry
the building into the landscape and in most cases dark/natural matt colours will be most
appropriate.
17.2 The erection of all agricultural buildings or significant extensions to existing buildings
requires the submission of a Prior Notification form to the Planning Authority.  Depending
on their size and location, some agricultural buildings also require planning permission.  If
in doubt farmers and crofters should seek advice from the Council’s Planning Service
before starting work.
Isolated Industrial/Commercial Development
18.1 Before establishing a commercial, or industrial operation, particularly one in a remote area,
the appearance of the development should be considered.  The form and pattern of the
landscape will largely determine the acceptability of the proposal.  The extent to which the
proposal(s) would be clearly visible from public roads, viewpoints and neighbouring local
communities is also an important factor.
18.2 When assessing the appearance of isolated commercial development, including industrial
proposals, the Planning Authority will take the following into consideration:
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• The size and extent of the proposal(s).  This includes the visual impact of the scheme
and the distance/location from which it is visible.
• The location of the proposal(s) and its landscape setting, including the way in which the
development has used the natural contours of the site is of prime importance.  A large
building must be absorbed by the landscape as much as possible, whether by
excavating and building into the landform, using existing landforms to mask the
development or screening by new trees.
• The design and colour of the development(s) and ancillary structures can be used to
minimise their perceived bulk and visual impact.  Natural materials such as timber and
stone will help to fit a large building into the landscape, as will dark natural colours
(particularly on the roof).
Domestic Satellite Positioning
19.1 Where planning permission is required the preferred locations for domestic satellites are
as follows:
Siting on the rear garden ground/curtilage and building elevation unless the following
applies:
• A more suitable ground or wall location is available that affords a greater level of
screening from public view than the rear garden curtilage or elevation.
The following locations for domestic satellite dishes will be resisted when:
• The dish would project above the ridgeline of the main roof of the dwelling house;
• The dish is located on the front elevation of a dwelling house;
• The dish is in a garden facing a road and is not adequately or appropriately screened;
• The dish is on a roof or wall where the dish will be readily visible from a public place
and where the installation will have a detrimental impact on the general amenity of an
area;
• The dish is in a position where it will constitute a significant visual intrusion adversely
affecting the amenity of an adjacent property.
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*In settlements where there is limited or no capacity for additional foul drainage connections to the public sewer, the
Council may accept temporary drainage solutions provided that Scottish Water has programmed investment to upgrade
the foul drainage system in that settlement and the proposed temporary system is acceptable to Scottish Water and SEPA.
1.1 Explanation of Policy Objectives
1.1.1 The Council wishes to ensure that where practicable, all new development is drained to a
public sewer.  However, the Council recognises that within rural areas septic tanks and small
wastewater schemes are essential for development.  The aim of this policy is to ensure that septic
tanks and other private foul drainage arrangements where permitted, are properly sited and have
no adverse effects on the surrounding area, and in areas served by wastewater schemes, new
development is connected to the system where capacity allows. Applicants should note that the
proliferation of septic tanks will be resisted through this policy. Further guidance on environmentally
friendly methods of wastewater disposal is provided in the Sustainable Design Supplementary
Guidance prepared by the Council.  Applicants for wastewater systems are also asked to see the
requirements of SG LDP SERV 2 and 3.
1.1.2 Additional Information:
http://www.sepa.org.uk/media/143338/lups-gu19-planning-guidance-on-waste-water-drainage.pdf
https://www.scottishwater.co.uk/assets/business/files/connections%20documents/sfsv3may2015.p
df
SG LDP SERV 1 - Private Sewage Treatment Plants and Wastewater (i.e.
drainage) Systems
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
Connection to the public sewer as defined in the Sewerage (Scotland) Act 1968 will be a
prerequisite of planning consent for all development proposals in the main settlements
identified in the plan with a population equivalent of more than 2000 and wherever significant
development (large scale) is proposed.*
Elsewhere, connection to the public sewer will be required, unless the applicant can
demonstrate that:
(i) connection is not feasible, for technical or economic reasons, or
(ii) the receiving waste water treatment plant is at capacity and Scottish Water at that time
has no programmed investment to increase that capacity; and
(iii) the proposal is not likely to result in or add to existing environmental, amenity or health
problems.
Planning consent for development with private waste water systems will only be allowed where
proposals satisfy (i) or (ii) above, and satisfy (iii).  Any such systems in areas adjacent to waters
designated under EC Shellfish Directives 79/923/EEC or 91/492/EEC or Bathing Directives should
discharge to land rather than water.
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1.1.3 This SG conforms to:
• SPP
• Associated legislation
• LDP Key Objectives H and I
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SG LDP SERV 2 - Incorporation of Natural Features/Sustainable Drainage
Systems (SuDS)
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
In accordance with Government Advice the Council will encourage developers to incorporate
existing ponds, watercourses or wetlands as positive environmental features in development
schemes.  The Council will also require that canalisation or culverting, which can increase the
risk of flooding and also greatly reduce the ecological and amenity value of watercourses are
avoided wherever practicable and designed sensitively where unavoidable.  
Sustainable Drainage Systems (SuDs) (see Glossary) provide benefits in terms of flood
avoidance, water quality, habitat creation and amenity.  Proposals for SuDs measures compliant
with technical guidance will be required in relation to all development prior to determination.
1.1 Explanation of Policy Objectives
1.1.1 This SG embraces two separate issues; the enhancement and protection of natural
watercourses and the use and promotion of sustainable drainage systems.  Rivers, burns, lochs,
ponds and wetlands are important wildlife habitats forming an integral part of the Argyll and Bute
landscape.  In the past many watercourses have been buried under culverts in order to allow
development and this has greatly reduced their ecological and amenity value.  The Water
Framework Directive requires that all inland and coastal water within defined river basin districts
must reach at least good status by a set deadline.  Where major new developments are planned the
Council will seek to encourage the retention of existing watercourses and the creation of buffer
zones on development sites, to reduce the risk of flooding which can occur through the forcing of
water through alternative/man made routes.  The retention of natural watercourses also helps to
protect and enhance biodiversity.  SuDS should also be considered as a way of improving the
landscape impact of the proposal.  Developers are advised to undertake pre-application discussions
with planning officers to address SuDs issues at the earliest stage of the proposal.
1.1.2 This SG conforms to:
• SPP
• PAN 61 (Sustainable Urban Drainage Systems)
• PAN 79 – Water and Drainage
• LDP Key Objectives H and I
1.1.3 Background Information:
• The Water Framework Directive
• The Water Environment (Controlled Activities) (Scotland) Regulations 2011: A Practical
Guide
http://www.sepa.org.uk/media/143195/lups-gu2-planning-guidance-on-sustainable-drainage-
systems-suds.pdf
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SG LDP SERV 3 - Drainage Impact Assessment (DIA)
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
The Council will require developers to demonstrate that all development proposals incorporate
proposals for SUDS measures in accordance with technical guidance.  Developers will be
required to submit a Drainage Impact Assessment (DIA) with the following categories of
development:
(A) Development of six or more new dwelling houses;
(B) Non-householder extensions measuring 100 square metres or more; AND,
(C) Other non-householder extensions involving new buildings, significant hard standing
areas or alterations to landform.
Developments excluded from the above three categories might also require a DIA when
affecting sensitive areas such as areas affected by flooding, contamination or wildlife interest.
In all cases the Council will encourage the use of sustainable options for waste and surface
water drainage.
1.1 Explanation of Policy Objectives
1.1.1 The Council will require developers to submit a Drainage Impact Assessment (DIA) along with
SuDs (see SG LDP SERV 2) as part of all significant new development proposals and for all proposals
where there are contamination or flood risk issues.  A DIA takes into consideration the impact of the
proposed development on its catchment areas essentially with regard to flood risk and pollution.  
1.1.2 This SG conforms to:
• PAN 69 (Planning and Building Standards Advice on Flooding)
• LDP Key Objectives H and I
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SG LDP SERV 4 – Contaminated Land
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
Where development is proposed at a site that is known to be contaminated, or at a site where
there is a reasonable expectation of contamination, the applicant will be required to undertake
a contaminated land assessment and implement suitable remediation measures before the
commencement of any new use.
1.1 Explanation of Policy Objectives
1.1.1 Under Part II of the Environmental Protection Act 1990, the Council is required to inspect
land for contamination and to prepare a Contaminated land Strategy.  Where the contaminated land
is identified, the Council has a duty to secure its remediation.  SEPA has a duty to regulate and
secure remediation of “special sites”.
1.1.2 Land may be contaminated by a wide variety of substances and materials in the form of
solids, liquids or gases.  Contaminants may be spread across a site, or concentrated in pockets;
readily identifiable, or hard to detect.  Contamination may give rise to hazards, which put people or
the environment at risk.  Land contamination is regarded as a material consideration when individual
planning applications are considered.  It is anticipated that the majority of contaminated land issues
will be addressed through the normal planning process.  It is therefore not impossible for
contaminated land to be developed, but appropriate measures will be required before the site can
be re-used.
1.1.3 This SG conforms to:
• PAN 33 (Development of Contaminated Land)
• PAN 51 (Planning and Environmental Protection)
• LDP Key Objectives  H and I
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SG LDP SERV 5 - Waste Related Development and Waste Management
This policy group provides additional detail to policy LDP 10 Maximising Our Resources and
Reducing Consumption Together of the Adopted Argyll and Bute Local Development Plan.
(A) Development proposals and associated land use and operations shall conform with the
Zero Waste Plan for Scotland;
(B) There is support in principle for waste related development on industrial and employment
land provided it does not involve the following:
1. the importation into and subsequent storage of  radioactive  waste products at any sites
within Argyll and Bute;
2. large scale energy from waste facilities in any location unless it complies with the
objectives of the Zero Waste Plan;
3. waste storage, sorting (for recycling) and collection facilities:
• of any scale in the Greenbelt, very sensitive countryside and of medium or large
scale within the countryside zone (subject to settlement plan consistency) and
rural opportunity areas;
• of medium or large scale in settlement locations other than in business and
industry areas or at other locations which are well separated from residential
and other vulnerable land use;
4. the processing, recycling and disposal of waste (including landfill, composting and
storage of waste for onward transportation) in the countryside zone bordering villages
or minor settlements, or in the Green belt  or Very Sensitive Countryside;
(C) A development under (B 1-4) above may be exceptionally supported if it is demonstrated
that:
1. in the case of (B) 1 above, there is an overwhelming and undisputed community benefit
and there is a persuasive environmental justification for the proposal having regard to
environmental impact at the proposed location as well as at other considered
alternative locations;
2. in the case of (B) 2, 3, and 4 above, the proposal can be treated as vital infrastructure
and that there are no other more suitable sites available for the development within the
planning area;
3. in all cases :- (B) 1-4 above, the proposal being consistent with (A) above and will not
result in unacceptable environmental, bad neighbour, servicing or access impacts and is
consistent with all other policies and SG in the LDP.
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SG LDP SERV 5(b) – Provision of Waste Storage and Collection Facilities
within New Development
Developments shall make effective land use and layout provision for the storage, separation,
recycling, composting and collection of waste consistent with the following:
I. housing, commercial and institutional development shall make effective provision for
the storage, recycling, composting where appropriate, separation and collection of
waste from within the development site or when appropriate, from an appropriate
roadside or other specified collection point or points (for onward reuse and recycling);
II. in the case of detailed applications for medium or large-scale development, details of
the arrangements for the storage, separation and collection of waste from the site or
roadside collection point shall be submitted. This shall include provision for the safe
pick-up by refuse collection vehicles;
III. Developers shall ensure the minimisation of waste generated during construction and
demolition by the production of Site Waste Management Plans (SWMPs) in support of
development proposals.
SG LDP SERV 5(c) – Safeguarding Existing Waste Management Sites
The Council will seek to ensure that existing and proposed sites for medium to large scale*
waste management facilities (as shown on the Proposals Maps) are protected as far as
practicable from development that would prejudice a waste management use. (see also SG LDP
BAD 2)
*development on sites exceeding 500m2
Scales of waste related development:
Large-scale waste related
development -
Development on sites
exceeding 0.25
hectares
Medium-scale waste
related development -
Development on sites
between 500m2 and
0.25 hectares
Small-scale waste related
development -
Development on sites
less than 500m2
1.1 Explanation of Policy Objectives
1.1.1 The Zero Waste Plan for Scotland sets out the national context and criteria for waste
management.   The sustainable approach to waste management as incorporated in the above is
supported by this Local Development Plan.
1.1.2 This approach, for municipal waste management, involves segregated kerbside collection
initiatives to collect recylates; community composting and the development of mechanical biological
treatment (MBT) plants to process waste into composted material; with residual waste disposed of
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at two landfill sites within Argyll and Bute (by Lochgilphead and near Dunoon) and at one site in the
neighbouring West Dunbartonshire Council area to service Helensburgh and Lomond.  The
settlement plan components of this Local Plan for Lochgilphead, Dunoon/Sandbank and Helensburgh
take account of these provisions.
1.1.3 SG LDP SERV 5 conforms to the above, and it further supports, conditions and resists waste
related development having regard to the general capacity of the various settlement and
countryside management zones to absorb such development.  Requirements for waste management
within development sites are also specified in the SG.
1.1.4 Due to the nature of waste operations and their particular requirements e.g. in terms of
hydrology and geology, waste disposal sites require careful selection and are not easy to find.  When
suitable sites are identified they therefore require protection from inappropriate development that
may prejudice the existing, or allocated, waste management use.
1.1.5 With regard to existing sites, this policy aims to safeguard permitted waste management
operations, which contribute to waste management in the Plan area (see Theme Diagram and
Proposal Maps).  Identification under this policy should not be taken to imply that additional
planning permission would be granted.  Further planning proposals will be determined having due
regard to the policies, SG and criteria contained in the Local Development Plan and the National Zero
Waste Plan.
1.1.6 This SG conforms to:
• SPP
• LDP Key Objectives H and I
1.1.7 Background Information:
• National Zero Waste Plan
• http://www.sepa.org.uk/media/143299/lups-gu6-guidance-on-input-to-development-
management-consultations-in-relation-to-zero-waste-plan-issues.pdf
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SG LDP SERV 6 - Private Water Supplies and Water Conservation
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
(A) There is support in principle for the use of private water supplies where a public water
supply is not, or could not be made available.  This support is subject to the private
water supply being of adequate quality and quantity to serve the proposed
development without prejudicing the lawful interests of neighbouring properties or land
and water users.  Applicants will be required to submit full details of the proposed
private water supply arrangements with their application, including a report by
independent and suitably qualified engineers demonstrating that the proposed water
supply has sufficient capacity and quality to supply existing water users and the
proposed new development.
(B) In addition, in those areas where Scottish Water advise (see Maximising Our Resources
Theme Diagram in Written Statement) that there are on-going public water supply
shortages.  All developments that require water supplies for either human or animal
consumption, or for other processes or activities relating to industrial or commercial
activities shall require to demonstrate the incorporation of water conservation
measures such as rainwater harvesting or the re-use of grey water.
1.1 Explanation of Policy Objectives
1.1.1 In Argyll and Bute many properties are served by a private water supply due to a lack of a
public system. While water supply development is generally compatible with most locations a new
private water supply will not generally be supported where a public water supply is available.
Where there is no other option other than a new private water supply the Council will ensure that
there is sufficient capacity and quality to meet the anticipated demand of the new development.
Care must also be taken that new development will not have an adverse impact on existing private
water supplies and water quality (see SG LDP ENV 7).  This approach will reinforce the delivery and
maintenance of effective and high standards of water supply services.
1.1.2 The Council will continue to work in partnership with Scottish Water and SEPA to increase
the availability of public water supplies to meet projected needs. However, there are areas within
Argyll and Bute where the public water supply remains at limited capacity and it is therefore
appropriate to ensure that new development minimises, where practicable the abstraction from the
public water supply through water conservation measures such as rainwater harvesting and the re-
use of grey water.
1.1.3 This SG conforms to:
• SPP
• LDP Key Objectives H and I
Additional Information:
https://www.scottishwater.co.uk/assets/business/files/connections%20documents/wfsv3may2015.
pdf
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Additional Supplementary Guidance
Minimising Water Consumption
1.1.4 Argyll and Bute Council will expect applications for development in areas where Scottish
Water advise there are current limitations on treatment capacity, should incorporate a range of
water conservation measures designed to reduce mains water usage. Scottish Water are keen that
these measures be considered to be a practical efficiency enhancement to modern homes, in
parallel to Scottish Water’s programme of investment where appropriate. In most circumstances it
should be practicable to include measures to achieve a minimum standard of internal potable water
consumption of no more than 120 litres per day per person in all residential developments.  In office
developments it should be practicable to include measures to ensure that water consumption is
reduced to an average of 3m³ per person/year.
1.1.5 Where this cannot be achieved, evidence will be required to demonstrate that full
consideration has been given to the potential for the use of water saving measures including the use
of reclaimed water through the inclusion of rainwater collection and greywater recycling systems.
1.1.6 While Argyll and Bute has a high rainfall in comparison to many parts of the UK a number of
areas experience potable water shortages in the summer months where visitor numbers increase.
This is a particular problem in our island communities of Mull, Tiree and Islay where the shortage of
potable water has constrained growth in the past and limited the capacity of businesses to produce
their products. 
1.1.7 This situation is likely to increase given the unpredictability of the weather due to the
growing impacts of climate change and the demand for new households and new business activity.
1.1.8 To cope with this increased demand for water new developments should seek to use water
more efficiently. In addition, although it is not usually factored into the carbon footprint for a
building, the amount of energy used to purify water is predicted to increase due to more exacting
environmental standards being introduced, with the resulting CO2 emissions also contributing to
climate change.
1.1.9 The prudent use of natural resources means ensuring that we use them wisely and efficiently
in a way that respects the needs of future generations. Planning policies should seek to minimise the
need to consume new resources over the lifetime of the development by making more efficient use
of existing resources, rather than making new demands on the environment, this should include
policies relating to the sustainable use of water resources.
1.1.10 A number of measures can be incorporated into developments in order to minimise water
consumption, including:
• 6/4 Dual flush WC systems;
• Flow reducing / aerating taps throughout;
• 6-9 litres per minute shower (average electric shower uses 6/7 litres per minute);
• Water meters;
• 18 litre maximum volume dishwasher; and
• 60 litre maximum volume washing machine.
1.1.11 Rainwater harvesting
On average around 200 litres of rainwater fall on the roof of a 100m² house each day in the
UK. In residential developments, the provision of water butts and/or community storage
facilities to collect rainwater is a simple and low cost measure.
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On new developments where collecting and reusing water is feasible, in the areas subject to water
shortages, developments the council will welcome applications that include water-saving facilities in
the proposed development.  These may include:
• Water Butts to all downspouts where appropriate, including any outbuildings such as garages or
garden buildings where designed in to a scheme. Water butts can become blocked with slime /
debris and should be cleaned at least annually;
• Underground water storage tanks for rainwater collection that could be used for many greywater
uses in the development; and Retention ponds as a rainwater storage facility.
1.1.12 Reclaimed Water
Reclaimed water refers to the use of rainwater and grey water for non-potable uses such as the
flushing of toilets and outdoor water use such as watering the garden. To facilitate the best use of
reclaimed water the introduction of a separate or dual supply system is encouraged where these are
feasible. The public has a general expectation of a single supply of drinking quality water.
1.1.13 Changing perceptions to accept the use of dual systems with a separate supply of much
lower quality water will not be easy. However, although this is key to the success of the full use of
reclaimed water, there are still some issues in relation to control and maintenance, as some grey
water may contain contaminants. For example, there can be blockage problems reusing bath water
and kitchen water should never be reused due to detergents, food particles and grease.
Furthermore, at the current time grey water and rainwater recycling systems are expensive to
purchase. The council does not therefore expect to see full dual use systems, but there are a number
of much easier quick-win systems that will be expected.
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SG LDP SERV 8 - Development in the Vicinity of Notifiable Installations 
This policy provides additional detail to policy LDP 10 Maximising our Resources and
Reducing our Consumption of the Adopted Argyll and Bute Local Development Plan.
Proposed developments that are to be located within the Safeguarding Zones of Notifiable
Installations will require the Planning Authority to formally consult the Health & Safety
Executive to assess the risk to the proposed development.  Dependent upon the nature,
scale and location of development relative to the Notifiable Installation, the Council may
seek to refuse applications for development based on advice given by the Health & Safety
Executive.
1.1 Explanation of Policy Objectives
1.1.1 The area covered by this Plan contains a number of installations handling notifiable
substances.  Whilst they are subject to stringent controls under existing health and safety
legislation, it is also a requirement of Seveso III Directive 2012/18/EU to control the kind of
development permitted in the vicinity of these installations.  In determining whether or not to
grant planning permission for a proposed development within these consultation distances, the
Planning Authority will consult with the Health & Safety Executive about risks to the proposed
development from the notifiable installation.  This will take into account the requirements of
the Seveso III Direction to maintain appropriate distances between establishments
and residential areas, areas of public use and areas of particular natural sensitivity or interest,
so as not to increase the risks to people.
1.1.2 In the interests of clarity and accuracy notifiable sites and their respective
safeguarding distances are shown in the list of technical constraints that accompanies this Plan.
1.1.3 This SG conforms to:
• Seveso III Directive 2012/18/EU
• LDP Key Objectives H and I
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SG LDP SERV 9 – Safeguarding Better Quality Agricultural Land
This policy provides additional detail to policy LDP 10 Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
Argyll and Bute Council expects new development proposals to minimise the loss of better
quality agricultural land including in-bye land and croft land.   Consequently, in all development
management zones new development proposals will not be supported where it would result in:
(A) the loss of better quality agricultural land;
(B) the fragmentation of field systems;
(C) the loss of access to better quality agricultural land.
If proposals do not meet the above criteria they will only be deemed acceptable where the
applicant can adequately demonstrate that:
(D) there exists a proven and justified significant economic, environmental or social wider
community interest to allow the development to proceed; And
(E) there is no alternative viable land outwith the in-bye or croft land concerned for the
development to proceed.
1.1 Explanation of Policy Objectives
1.1.1 Argyll and Bute has a very limited supply of good quality agricultural land and efforts need to
be made to safeguard it to help ensure our future food security, reduce our carbon footprint and
assist in the further development of our economically important food and drink industry.  
As a consequence Argyll and Bute Council seeks to protect our better quality agricultural land,
including in-bye or croft land, particularly where there are opportunities to develop poorer quality
land in the same community.  An exception to this approach can be taken where the applicant
concerned can fully justify the loss of better quality agricultural land where wider economic,
environmental and/or social benefits can be delivered to the same community.
1.1.2 This SG conforms to:
• NPF3
• SPP
• LDP Key Objectives D, H & I
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SG LDP SERV 7 - Flooding and Land Erosion – The Risk Framework for
Development
This policy provides additional detail to policy LDP 10 - Maximising our Resources and Reducing
our Consumption of the Adopted Argyll and Bute Local Development Plan.
Flooding
Development on the functional flood plain will be considered contrary to the objectives of this
plan.  In exceptional circumstances, where land is required to facilitate key development
strategies which come forward through the Local Development Plan process, land raising may
be acceptable provided effective compensatory flood storage can be demonstrated and it will
not lead to flooding elsewhere, and the objectives of the EU Water Framework Directive are not
compromised in so doing.  Where redevelopment of existing sites within built up areas at risk
from flooding is proposed, the planning authority will take into account the impact on flood risk
elsewhere and the mitigation measures proposed.
Guidance on the type of development that will be generally permissible within specific flood risk
areas is set out below.  However it should be noted that in all cases where the potential for
flooding is highlighted, the planning authority will exercise the ‘precautionary principle’ and
refuse development proposals where such proposals do not comply with parts (A); (B); (C); (D)
and (E) as set out below and/or on the advice of the Scottish Environment Protection Agency
(SEPA):
(A) All types of development within “little or no risk areas” (of less than 1:1000 annual
probability of Flooding) are acceptable in terms of this policy unless local circumstances
and/or the nature of the development dictate otherwise;
(B) All types of development, excluding essential civil infrastructure, within “low to medium
risk areas” of between 1:1000 and 1:200 annual probability of flooding) are acceptable in
terms of this policy unless local circumstances dictate otherwise;
(C) Within “medium to high risk areas” (1:200 or greater annual probability of flooding) only
those categories of development indicated in (C) (i), (ii) and (iii) may be acceptable:
i) Residential, commercial and industrial development within built-up areas providing
flood prevention measures to the appropriate standard (1:100 year return period)
already exist or are under construction.  Water resistant materials/ construction
together with a suitable freeboard allowance as appropriate;
ii) Development on undeveloped and sparsely developed areas within the functional flood
plain and comprising:
• Essential development such as navigation and water based recreation use,
agriculture and essential transport and some utilities infrastructure; and an
alternative lower risk location is not achievable;
• Essential infrastructure should be designed and constructed to remain operational
during floods;
• Certain recreational, sport, amenity and nature conservation uses providing
adequate evacuation procedures are in place;
• Certain job related residential use with a locational need;
• In all cases loss of storage capacity in the functional flood plain is minimised and
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suitably compensated for, and any such measures would not compromise the
objectives of the EU Water Framework Directive. Where compensatory flood
water storage is deemed necessary it should be designed to provide like for like
storage, that is volume for volume and level for level;
• In all cases new development should not add to the land which requires
protection by engineered flood prevention measures.
iii) Development, which is in accord with flood prevention or management measures as
specified in association with a Local Development Plan Allocation or development
brief.
Land Erosion
(D) Within land erosion risk areas, new development, other than the categories specified in (D)
(i) and (ii) shall be resisted; exceptions may be made if the proposal successfully
demonstrates that the level of risk is acceptable having regard to the nature of the
development proposed, operational considerations and land erosion remedial measures:
i) Development which is ancillary to an existing lawful use or involves a building
replacement, alteration, extension or provision of minor access works;
ii) Development that is in accord with land stabilisation measures as specified in
association with a local plan Allocation or development brief.
Risk Appraisals
Flood Risk Assessments, Drainage Impact Assessments*, or land Erosion Risk Appraisals shall
accompany development applications when required by the Planning Authority, or in
consultation with the Scottish Environment Protection Agency (SEPA).  This requirement shall
have regard to information held by the Planning Authority on its Flooding and Land Erosion
Trigger Maps and to awareness of potential for flooding, including the possible effects of
climate change, or land erosion risks associated with the specific development proposed.
*See SG LDP SERV 3
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Sustainability Checklist
1.1.1 This Sustainability Checklist has been adapted from a checklist created by Network 21 a
Highland and Islands based Well-being Alliance Partnership.  The sustainability principles identified
in POLICY LDP STRAT 1 – Sustainable Development together with the requirement to undertake
Area Capacity Evaluations (ACEs) for specific medium to large-scale developments in the Countryside
Zone and Rural Opportunity Area Development Management Zones (see Policy LDP DM1–
Development within the Development Management Zones and SG LDP ACE 1).
1.1.2 It is intended that potential developers will be asked to complete the checklist in exceptional
cases and/or for large or medium scale planning applications judged by the Planning Authority to
have the potential to have significant economic, community or environmental impacts. It is hoped by
completing the checklist the applicant could take the opportunity to address concerns over the
sustainability of their project and make changes to their application, where appropriate.  The
completed checklist will also help inform the planning process and be included as part of any
eventual committee report submitted for Member’s approval.  
1.1.3 How can I Use the Sustainability Checklist?
1.1.4 Sustainable Development is about improving our situation and getting the best out of the
way we use things, while limiting any negative impact our actions have now or in the future.  The
purpose of your proposed development may primarily be economic, social, or environmental, but it
might have impacts or benefits in other areas that you haven’t yet considered. A small amount of
thought at an early stage might make a big difference as the project develops.  Please complete this
checklist in relation to your project or development when asked to do so by the Planning Authority.
You are prompted to consider any impacts your project might have under the headings: 
Community;  Economy;  Environment; the Future:
Applicants and/or their agents are also asked to refer to “Network for the 21st Century”
Sustainability Checklist to help answer these questions.
Sustainability Checklist (Required for Major Applications)
Q Community Yes No N/A Details
1 Does the project have widespread
community support?
2 Does the project strengthen the local
community?
3 Does the project help to ensure
everyone has access to the same level
of resources?
4 Does the project have any impact on
existing facilities or other
organisations?
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Economy
5 Does it help increase value of local
products or make sustainable use of
existing resources?
6 Does it create jobs or retain existing
jobs?
7 Does it help to develop skills/
knowledge of local people?
8 Does the project purchase goods and
services locally?
9 Does the project impact on existing
businesses?
Environment
10 Does the project help reduce waste and
pollution?
11 Has the project undertaken an Area
Capacity Evaluation (ACE)? 
12 Does the project minimise energy use,
including the need to travel by car,
and/or support the development or use
of renewable energy?” 
13 Does the project provide or safeguard
access to and awareness of wildlife and
open spaces?
14 Does the project safeguard, protect and
enhance the natural environment and
support local biodiversity?
15 Has the project considered the re-use
of brown field land or an existing
building?
The Future
16 Will the project bring positive changes?
17 Does the project link with existing
services or organisations?
18 Does the project have any long-term
impacts on the environment?
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Minerals
SG LDP MIN 1 – Safeguarding of Mineral Resources
This policy provides additional detail to policy LDP 10 Maximising our Resources and Reducing our
Consumption of the Adopted Argyll and Bute Local Development Plan.
Development likely to sterilise workable mineral reserves will be refused unless:
(A) There is no alternative site for the development; AND,
(B) The extraction of mineral resources will be completed before the development commences.
1.1 Explanation of Policy Objectives
1.1.1 The Council aim is to ensure mineral resources are not unnecessary sterilised or made
impractical to work where they will contribute toward a land-bank of mineral resources.
1.1.2 SPP requires that development unrelated to mineral extraction shall not sterilise areas of
significant workable reserves in order to safeguard valuable and finite natural resources.  They are
important in terms of their end use and for employment opportunities they create.  It is therefore
important that the sterilisation of this resource is avoided, wherever possible.
1.1.3 This SG conforms to:
• SPP
• LDP Objectives H and I
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SG LDP MIN 2 – Mineral Extraction
This policy provides additional detail to policy LDP 10 Maximising our Resources and Reducing our
Consumption of the Adopted Argyll and Bute Local Development Plan.
There will be a presumption against the re-opening of abandoned works, new or extended quarry
developments, where adequate permitted reserves already exist.  Applications for planning
consent will only therefore be considered where:-
(A) The applicant can successfully demonstrate an exceptional local* need for the specific mineral
type and quality to be extracted; OR,
(B) The applicant can successfully demonstrate that the proposal is to satisfy export demands for
specialised minerals beyond the boundaries of Argyll and Bute and is consistent with national
mineral policy;
(C) Planning permission is limited to a period appropriate to the circumstances of the site and
workings with the initial grant of consent not exceeding 20 years, unless varied by the planning
authority;
(D) The proposal would result in less environmental impact than an extension to an existing
authorised extraction site within the same Planning Area;
(E) The proposal is consistent with all other Local Development Plan policies and SG.
All applications for mineral extraction will require to be submitted in detail and include proposals
for phased land restoration, after- care and after-use, community liaison and annual reporting. 
Section 75 Agreements and Financial Bonds may also be used in certain circumstances.  
Where the Planning Authority considers a proposal is likely to create a significant impact in terms
of its nature, size or location the applicant will be required to submit an Environmental Impact
Assessment as part of the planning application.
Applications for the extension or renewal of mineral workings will also be required to submit an
audit of the existing workings and its programme of closure, reinstatement and after-care.
* Local need is defined as being for the predominant use within a 30 mile radius of the extraction site, or in the case of
islands on the same island or within 30 mile transportation distance by road in the case of larger islands.
Scales of Mineral Extraction:
Small Scale Not exceeding 800m3 and not
exceeding 20 metres on the
longest edge of the site and
not exceeding 2 metres in
extraction depth.
Medium and Large
Scale
Exceeding 800m3 or
exceeding 20 metres on the
longest edge of the site or
exceeding 2 metres in
extraction depth.
1.1 Explanation of Policy Objectives
1.1.1 The Monitoring Report has identified that there is a considerable supply of hard rock and
peat available in Argyll and Bute but a shortfall in the supply of sand and gravel.  This situation has
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recently been improved with a number of new sand and gravel works at Benderloch, Tiree and
Cowal.
1.1.2 Consequently it is not anticipated that there will be a significant need for additional sites
during the life of this LDP.
1.1.3 That said there is also a need to conserve and make best use of this resource wherever
practicable and help reduce  demand further by  recycling wherever possible and find alternative
materials.   
1.1.4 There is therefore a presumption against mineral extraction development in most locations
and circumstances in Argyll and Bute under the terms of Policy LDP 10 – Maximising our Resources
and Reducing Our Consumption and supplementary guidance SG LDP MIN 2 – Mineral Extraction. 
This reflects the current availability of supply together with the fact that most landscapes in Argyll
and Bute are vulnerable to the adverse visual impact that is generally associated with mineral
extraction.
1.1.5 If new extraction proposals are going to be approved an exceptional case shall be required to
be demonstrated justifying the proposal.  This case requires to be founded on a demonstration of a
specific local need (i.e. local road reconstruction) or an exceptional export demand for a specific type
and quality of material.  In the case of commercial peat extraction, this plan only supports planning
applications where the extraction is to directly serve a local industrial process such as whisky
production.
1.1.6 When considering what exceptional local need circumstances are required to justify a new
mineral extraction, a number of factors need to come into play.  The most significant of these is the
island and extended peninsular geography of Argyll and Bute.  Within this dispersed area mineral
resources and markets are distributed widely.  This adds substantially to mineral transportation and
associated road maintenance costs and the impact on the general environment.  It also reinforces
pressures for local mineral supply to meet demand emanating from relatively localised areas and
economies.  Local need has therefore been defined as being for the predominant use within a 30
mile radius of the extraction site, or  in the  case of islands on the same island  or within 30 mile
transportation distance by road in the case of  larger islands*.  Furthermore, this approach
recognises that the island and peninsular geography concentrates environmental capacity issues into
relatively small and localised areas.
*Mineral transportation distance by road from Mineral Products Association website Nov 2012
1.1.7 This SG conforms to:
• SPP ,
• LDP Key Objectives H and I
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1.1 Explanation of Policy Objectives
1.1.1 Statutory access rights under the Land Reform (Scotland) Act 2003 apply to most land and
inland water in Scotland, underpinning opportunities for outdoor recreation. Planning authorities
should consider access issues and should protect core and other important routes and access rights
when preparing development plans and making decisions on planning applications. 
1.1.2 The opportunity for outdoor recreation is a key selling point of the Argyll & Bute tourism
product and is an important factor in the health and wellbeing of our communities, in addition it can
be a key factor for employers wishing to attract and retain key staff.   The Land Reform (Scotland)
Act 2003 established access rights to most land and inland water for everyone in Scotland.  People
only have these access rights if they exercise them responsibly by respecting people’s privacy, safety
SG LDP TRAN 1 – Access to the Outdoors 
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
(A) Argyll and Bute Council requires development proposals to safeguard and enhance public
rights of access to the outdoors* in a manner that is appropriate and proportionate to the
specific site characteristics and the scale and impact of the proposed development on access
issues.  Accordingly, the Core Paths Plan, claimed Public Rights of Way and public rights of
access to land and water under the Land Reform (Scotland) Act 2003 (LRSA) will be material
considerations in assessing planning applications.
(B) Where development would have a significant adverse effect upon the public access
interests identified in (A) alternative access provision will be sought at the developer’s
expense either by diverting the route or incorporating it into the proposed development in a
way that it is no less attractive, safe or convenient for public use.  Unless such appropriate
provision is demonstrated.
(C) Where development would have a significant effect upon the public access interests
identified in (A) the developer is required to submit an Access Plan** which addresses access
issues to the satisfaction of the Council.
(D) The Core Paths Plan, claimed Public Rights of Way and public rights of access to land and
water under the LRSA will be material considerations in considering planning applications.
(E) Where there is development close to the foreshore or a loch side a strip of land four
meters wide should be provided between the shore and any area from which the developer
intends to exclude the public such as a garden or industrial area.  Where there is a pier or
other structure that will obstruct access along a foreshore or loch side a reasonable means of
passing by the obstruction should be provided to allow the public to exercise their right of
access along the shore.
*including; Core Paths, Launching Points, claimed Public Rights of Way, identified safe routes
to school, Long Distance Routes, walking paths, cycle ways, equestrian routes, trod earth
paths, waterways and significant areas where there are wider rights of public access under
the LRSA ie. woodlands, agricultural land, the foreshore and fresh water loch shores;
**This should show all the existing paths and tracks on the site, together with proposed
public access provision after completion of the development and should include links to the
existing path networks and the surrounding area as well as launching points and access to
the foreshore or water where appropriate.  For larger developments close to settlements a
phased approach may be required to the management of access during construction.
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and livelihoods and Scotland’s Environment.  The Council has a legal duty to protect and assert
public rights of access to land and water as well as Public Rights of Way when determining Planning
Applications.
1.1.3 To aid the Council in meeting the provisions of the Land Reform Act, the Council has
produced a Core Path Plan, which identifies the paths that communities value the most.
1.1.4 The development of a network of accessible paths will benefit residents of and visitors to
Argyll & Bute supporting more active, healthier and independent lives.  It will ensure that the places
where we live, work and visit are well planned, safer and successful, meeting the needs of our
communities.  The Core Paths Network will also help to realise the full potential of our outstanding
natural environment.
1.1.5 Long Distance Routes provide significant economic benefits to local communities along their
routes and will safeguarded.  The Council will seek to enhance existing and proposed long distance
routes and their settings.  The routes of the paths have been identified in the Connectivity theme
diagram in the Written Statement. Consideration will be given to developing/ improving further
strategic multi user routes both inland, on water and along the coast with due regard to the impact
on the Natural Heritage features along these routes.
1.1.6 SCHEDULE A
Existing Long Distance Paths/Routes
• Cowal Way
• Kintyre Way
• National Cycle Network
• Three Lochs Way
• West Highland Way
• NCN routes (7, 75 and 78)
1.1.7 Proposed Routes
• Canoe Trails Loch Awe and Crinan Canal
• Craignure to Fionnphort Path
• Dumbarton to Helensburgh Cycle Path
• Tyndrum to Oban Cycle Route
• John Muir Way
1.1.8 Part of the planning response to this issue is to ensure that developments avoid prejudicing
public rights of way and core paths including public access on to and along coastal areas or along
loch shores.  SG LDP TRAN 1 sets out criteria for assessing development proposals in this regard.
Where these involve access to the foreshore, reference should also be made to SG LDP CST 1 -
Coastal Development and associated SG.
Foreshore in this context means the natural foreshore between the mean high and low water
springs. The Council is required to protect public access rights to and along the foreshore for all non-
motorised users.  When alternative or modified public access is required in response to development
proposals, this provision may require to be underpinned by planning conditions or a formal Section
75 Planning Agreement.
Paths may include, roads both adopted and private, footways, surfaced paths, un-surfaced paths,
metalled forestry and farm tracks, trod earth paths which indicate an existing level of public use
along a desire line or any other structure designed to facilitate access as defined by the Land Reform
(Scotland) Act 2003 Section 6(2).
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1.1.9 It should be noted that the Council’s duties to protect and assert public rights of access do
not override its other functions. For example, when considering planning applications for
development on land over which access rights are exercisable it is still possible to give consent for
developments.  However, where appropriate, the Council will consider attaching  suitable planning
conditions to enable them to ensure reasonable continuing public access to and from the
development site as well as around and across it.
1.1.10 This SG conforms to:
• Land Reform (Scotland) Act 2003
• SPP
• Argyll & Bute Core Paths Plan
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SG  LDP - TRAN 2  - Development and Public Transport Accessibility
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
(A) Development proposals which are likely to generate significant levels of journeys
between places of residence, shopping, employment, leisure and social facilities, shall have
regard to selecting and orientating development sites such that advantage can be taken of
existing or potential public transport services to and from the locality;
(B) Development shall make appropriate internal layout provision for encouraging
pedestrian and cyclist access, linking the development with public transport facilities and
routes or with locations that contain such facilities e.g. town centres;
(C) When considered appropriate by the planning authority, developers will be asked to
submit an independent transport impact assessment and/or green transport plan to help
justify their proposal. Developers are also required, where appropriate, to mitigate the
impacts of their developments to preserve the performance and safety of the strategic
(Trunk) road network so that it may continue to provide for the safe and efficient
movements of traffic.
1.1 Explanation of Policy Objectives
1.1.1 Public access between places of residence, shopping, employment, leisure and social facility
can be further encouraged by ensuring that development proposals take sufficient account of access
to public transport, both in terms of site selection and site-layout provision.  The settlement plans
that form part of this Local Development Plan (see the Proposal Maps) have sought to locate
development, which has a relatively high demand for public transport, within easy reach of frequent
journey destinations such as town centres or else within easy reach of existing or potential public
transport routes.  In certain circumstances developers will also be asked by the Planning Authority to
submit an independent transport impact assessment and/or green transport plan to help justify their
proposal.
Accordingly, the focus of this policy is on the following large-scale categories of development:
Large-scale Categories of Development
Large-scale housing
development
30 or more dwelling units.
Large-scale shops gross floor space
exceeding 1,000m2
Large-scale business
and industry
development
gross site area exceeding
2 ha.; or Building of more
than 600 square metres
gross.
Large-scale leisure or
tourist developments
Tourist facility buildings
exceeding 600 square
meters gross; more than
60 letting units; more
than 50 caravans or
stances; 100 tent pitches,
or exceeding 11-60
letting units.
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Reference in SG LDP TRAN 2 to public transport services and facilities relates mainly to train, bus and
ferry services.  
1.1.2 This SG conforms to:
• SPP
• PAN 75 (Transport and Planning)
• LDP Key Objectives G, H and I
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SG LDP TRAN 3  - Special Needs Access Provision
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
(A) Development proposals, will be expected to make appropriate provision for:
1. Safe separation of pedestrian and   vehicular traffic;
2. Access to open space, recreational and play space facilities and along desire-lines,
including links to off-site destinations such as town centres, schools and recreational
paths, as appropriate;
3. Cycle-ways and cycle-parking facilities where these form part of a green transport plan;
4. Walkway and access facilities designed for use by the disabled, older people, the infirm,
the very young and parents with prams, including effective lighting provision as
appropriate to the scale of the development and its location;
5. Walking and cycling opportunities as part of a green network in and around our main
Towns to provide attractive corridors for active travel as appropriate.
6. Access requirements shall comply with the Disability Act and equalities legislation.
(B) All Developments shall make suitable provision for service vehicle (including emergency
services) access and turning.
1.1 Explanation of Policy Objectives
1.1.1 There are various aspects of special needs access provision that require to be considered
when selecting sites and arranging development layouts.  These include public transport accessibility
addressed by SG LDP TRAN 2 and special needs access is also given particular emphasis by this plan
in SG LDP TRAN 3 above.  
1.1.2 This SG addresses the special needs of the disabled, older people, the very young,
pedestrians, and cyclists.  Reference should also be made to SG LDP HOU 2 which addresses special
needs provision in housing development.
1.1.3 This SG Conforms to:
• SPP
• LDP Key Objectives F, H and G
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SG LDP TRAN 4 – New and Existing, Public Roads and Private Access
Regimes
This policy provides additional detail to policy LDP 11 Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan. Street design for new
developments must consider place before movement and take into account the principles
regarding development setting, layout and design set out in policy LDP 9 of the Local
Development Plan.
Acceptance of development utilising new and existing public roads, private roads and private
access regimes is subject to road safety and street design issues being addressed and the
following:-. 
(A) Developments shall be served by a public road1 (over which the public have right of access and
maintainable at public expense;
Except in the following circumstances:-
(1)a new private access3 may be considered appropriate if:
(i) The new private access forms an individual private driveway serving a single user
development, which does not, in the view of the planning authority, generate unacceptable
levels of pedestrian or vehicular traffic in terms of the access regime provided; or
(ii) The private access serves a housing development not exceeding 5 dwelling houses; or
(iii) The private access serves no more than 20 units in a housing court development;
OR
(2) further development that utilises an existing private access or private road2 will only be
accepted if:-
(i) the access is capable of commensurate improvements considered by the Roads Authority
to be appropriate to the scale and nature of the proposed new development and that takes
into account the current access issues (informed by an assessment of usage); AND the
applicant can;
(ii) Secure ownership of the private road or access to allow for commensurate
improvements to be made to the satisfaction of the Planning Authority; OR,
(iii) Demonstrate that an appropriate agreement has been concluded with the existing
owner to allow for commensurate improvements to be made to the satisfaction of the
Planning Authority.
(B) The construction standards to be applied are as follows:-
1. Public Roads:
(i) shall be constructed to a standard as specified in the Council’s Roads Development
Guide4.  This takes account of Designing Streets to create a strong sense of place related to
the development’s location i.e. in a settlement, in a rural or remote rural situation, or in a
Conservation Area. All roads submitted for adoption as a public road should form a
continuous system with the existing public roads.
(ii) in areas with a predominant system of single track roads with passing places, housing
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development of between 6 and 10 dwelling units may be accepted served by the Variable
Standard of Adoption introduced in the Council’s Road Development Guide, in recognition of
differing needs within more rural areas.
(iii) which connect to or impact significantly on a Trunk Road5 will require consultation with
Transport Scotland.
1.Private Access
(i) shall be constructed to incorporate minimum standards to function safely and effectively
as set out in the Council’s Road Development Guide, in particular in relation to adequate
visibility splays, access gradients, geometry, passing places, boundary definition, turning
capacities, integrated provision for waste management and recycling.
(ii) It must be demonstrated to the Planning Authority that consideration has been given by
the applicant in the design process to the potential need to make future improvements to
the access up to and including an adoptable standard.
(iii) which connect to or impact significantly on a Trunk Road will require consultation with
Transport Scotland.
Notes
1Public Road - roads on the Local Roads Authority’s list of public roads. This includes any new road
(including any associated footway or verge) constructed in accordance with a Road Construction
Consent, with public access and maintainable by the Local Roads Authority. All roads submitted for
adoption as a public road should form a continuous system with the existing public roads.
2Private Roads – The public have the right of passage over a private road. Responsibility for the
maintenance of a private road rests with the owner(s).  However, the Roads Authority may, by
notice to the frontagers, of an existing private road, require them to make the road up to, and
maintain it at, such reasonable standard as may be specified in the notice. The Roads (Scotland) Act
1984 requires Road Construction Consent for new private roads, which means they now require to
be built to an adoptable standard.
3Private access - private accesses are controlled (maintained) by the owner(s) and there is no public
right of passage. These do not require a Road Construction Consent as there is no right of public
access. The Roads Authority cannot make a notice to require a private access to be made up or
maintained.
4The Council’s Roads Development Guide is being reviewed in light of the emergence of the SCOTS
National Roads Development Guide (NRDG). Local variations to the NRDG are currently being
prepared, which will include a variable standard for adoption for developments of 6-10 dwelling
units (inclusive) in areas with a predominant system of single track roads with passing places, where
the Roads Authority consider the variable standard is appropriate. Both the NRDG and the emerging
Argyll and Bute Local Roads Development Guide seek to support the Scottish Government policy
Designing Streets. 
5Trunk Road – a strategic road which is managed and maintained by Transport Scotland, on behalf of
the Scottish Ministers.
Explanation of policy objectives
This policy aims to provide additional detail to policy LDP 11 Improving our Connectivity and
Infrastructure of the Argyll and Bute Adopted Local Development Plan.  It provides a planned
approach to street design to deliver an improved quality of place-making for new developments. SG
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LDP TRAN 4 refers to standards appropriate for Road Construction Consent.  These can be found in
the Council’s Roads Development Guide. 
The primary objective is the safety of all road users including pedestrian, cycle and motorised
vehicles, achieved within a well-designed street environment.
Development and Public Roads
The Local Roads Authority holds a list of public roads that require to be constructed to a set
standard, are maintained by the Roads Authority and have a public right of access. These are also
known as Adopted Roads. The Local Roads Authority may be requested to adopt, i.e. add to its list of
public roads, any new road (including any associated footway or verge) constructed in accordance
with a Road Construction Consent. All roads submitted for adoption as a public road should form a
continuous system with the existing public roads. The aim is to have roads developed to an
appropriate standard that are publically accessible and have a maintenance regime regulated by the
Roads Authority. Therefore, within most developments it is appropriate for road construction
standards to be applied and the roads to be adopted. 
That said, in some limited circumstances, particularly in the more rural areas of Argyll and Bute, it is
considered appropriate to introduce a variable standard for adoption to reflect the scale, nature and
differing design requirements of development in these circumstances. This would apply to roads
serving developments of 6-10 dwelling units (inclusive) in areas with a predominant system of single
track roads with passing places, where the Roads Authority consider the variable standard is
appropriate. This approach may also bring benefits to applicants, by helping to reduce initial
development costs and to the environment, by allowing a more rural design solution. This could
include removal of the requirement for pavements, lighting and a variation in the construction
specification. 
Development and Private Access/Private Roads
It may also be appropriate to limit public access and/or vary construction standards by allowing the
construction of a private access in the circumstances set out in the policy SG LDP TRAN 4, sections
A1 and A2.
When assessing the circumstances when it may be appropriate to accept a development being
served by a private access or an existing private road consideration needs to be given to the
integration of place-making and technical matters to produce a safe, well designed street
environment. A number of principles guide these considerations including:
a) Private accesses should not result in significant barriers to and discontinuity of public access
across settlements or between settlements, countryside and coast.
b) Private accesses and private roads should be fit for purpose and become less appropriate in
urban areas and in circumstances when serving development that generates substantial levels of
pedestrian and /or vehicular traffic, particularly by visiting members of the public.
c) Private accesses and private roads are more appropriate for smaller scale developments in rural
areas.
d) Private accesses and private roads should facilitate effective and safe access by emergency
service vehicles (3.7m width from wall to wall) and where appropriate, by public service vehicles
and include a turning area.
e) Private accesses and private roads where they join the public road network should provide for
an adequate visibility splay to be maintained in perpetuity and be constructed in such a manner
to not cause undue safety issues.
f) Private accesses provision should be designed in such a manner to allow for continuous
improvement in the interests of sustainable development.
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In applying the above principles to the variety of locations and circumstances found in Argyll and
Bute, distinction should be made between housing, commercial and other non-housing
development.  
Commensurate Improvements
In situations where development aims to utilise an existing private access or private roads regime an
informed assessment requires to be made. This needs to examine the access issues related to the
proposed additional development and the current situation on the private access or private road,
including any capacity for improvement. The assessment requires to be an integral part of the design
stage. These factors will be used to determine the level of commensurate improvement required.
Designing in future improvement capacity will promote a planned approach to street design,
delivering an improved quality of place-making for new developments in the more rural areas rather
than an incremental approach with its inherent issues.
The commensurate improvements that are required will be determined by the Roads Authority on a
sliding scale related to the individual circumstances but taking a range of factors into account
including :- existing access conditions, scale and nature of the proposed development and scale and
nature of existing development. The Council Roads Development Guides will be applied.
The above factors have been taken into account in SG LDP TRAN 4.
This SG conforms to:
• SPP
• PAN 75 (Transport and Planning).
• LDP Key Objectives F, G and H.
• LDP 11 Improving our Connectivity and Infrastructure
• LDP 9 Development Setting, Layout and Design
Background information
• Designing Streets http://www.gov.scot/Resource/Doc/307126/0096540.pdf
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SG LDP TRAN 5 - Off-site Highway Improvements
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
Where development proposals will significantly increase vehicular or pedestrian traffic on
substandard private or public approach roads, then developments will be required to contribute
proportionately to improvements to an agreed section of the public or private road network.
1.1 Explanation of Policy Objectives
1.1.1 It can be appropriate in some circumstances to require a development to contribute to
improvements to the public road approaching a development site.  These circumstances include:
• When in the judgement of the Planning and Roads Authority that the development because of is
projected traffic generation, is likely to result in unacceptable road safety conditions, and this
will consequently place an unreasonable burden on the Roads Authority to improve a
significantly substandard road.
• The improvements to the public or private road should be practical and proportionate to the
nature and scale of development proposed; account should be taken of existing traffic usage of
the road and its overall condition; the principle of continuous improvement should be applied
whereby the road condition will have been improved after the development has taken place,
notwithstanding the increased traffic.
• Where public or private road improvements are considered necessary for a development to
proceed, and these involve private land a Section 75 Planning Agreement may be appropriate
before planning consent is issued.
1.1.2 This SG conforms to:
• SPP
• LDP Key Objectives F, G and H
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SG LDP TRAN 6 – Vehicle Parking Provision
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
Off-street car and vehicle parking shall be provided for development on the following basis:
Car parking standards 
(A) The car parking standards (including disabled parking) set out in the Access and Car Parking
SG shall be applied to those specified categories of development.
Tolerance of zero parking provision In the Main Town Centres including the core shopping areas,
zero parking provision for Special Needs Housing and small-scale* flatted development; retail
(up to 1,000m2 floor space); Restaurants (use class 3); hot food takeaways; public houses;
business (use class 4) (up to 600m2 floor space) will be permitted.
*Up to 5 units
1.1 Explanation of Policy Objectives
1.1.1 SPP recommends the use of national maximum parking standards for new developments,
these national maximum car parking standards relate only to limited categories and scales of
development e.g. retail development (food) and (non-food) of 1000m2 and over.  They do not apply
to housing development.  It is accepted that these national maximum car parking standards can
operate in Argyll and Bute without resulting in unacceptable off-site parking consequences. 
Accordingly, these national standards form the basis of development in SG LDP TRAN 6 and the
Access and Parking Standards Supplementary Guidance as set out below.
1.1.2 The next question to address is whether minimum car parking standards should apply in the
context of the Argyll and Bute particularly for those developments that are subject to   National
maximum standards. Given the essentially rural nature of Argyll and Bute and the correspondingly
higher levels of dependency on car ownership it is considered appropriate to have minimum
standards for the majority of new developments.  These minimum standards do not exceed the
National maximum standards and also form the basis of development in SG LDP TRAN 6 and its
accompanying Access and Parking Standards Supplementary Guidance as set out below.
1.1.3 In accordance with the advice in SPP there is a recognition that zero parking provision is
appropriate for certain categories of developments within the main town centres.  This represents a
change in policy from the SRDG minimum standard.  It is justified on the basis that certain categories
of development are able to function effectively within these central areas without requiring on-site
parking, relying instead on central area public car parking provision and the availability of public
transport services.  This policy will also reinforce efficient use of scarce land resources within these
central areas in that it will reduce the extent of such land given over to low intensity car parking use. 
It is not considered necessary to make this zero provision aspect of policy compulsory on developers. 
The type of development where zero parking provision is considered appropriate is defined in SG
LDP TRAN 6 and its accompanying Access and Parking Standards Supplementary Guidance as set
out below.
1.1.4 Specific provision should be made for disabled parking.  Minimum standards are justified in
tune with this guidance and are incorporated with SG LDP TRAN 6 as part of car parking standards
set out in its accompanying Access and Parking Standards Supplementary Guidance as set out
below.  
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1.1.5 This SG conforms to:
• SPP Annex B – Parking Policies and Standards
• LDP Key Objectives G and H
Access and Parking Standards
1.1 Where a proposed development is not specified on the council’s parking standards list, the
council will use the nearest type of land use on the list as a basis for assessing the parking
requirements.
1.2 Where a specific assessment of staff numbers is required, the likely maximum number of
staff present at the busiest time period should be used. 
1.3 Each car parking space should measure no less than 2.5 metres by 5 metres.
1.4 Parking layouts should include circulation aisles with a minimum width of 6 metres.
1.5 Assessments of the parking requirement for a particular proposal will be rounded up to the
nearest whole parking space.
1.6 All developments must provide adequate off road facilities for parking operational vehicles
and staff cars and include space such that all vehicles enter and leave the premises in
forward gear. A commercial proposal should include adequate provision for servicing.  The
proposed layout should normally:
• provide for all loading and other servicing to be carried out on-site;
• accommodate the likely maximum number and size of delivery vehicles at any one time
on-site, to prevent delivery vehicles having to queue or reverse on the street;
• incorporate loading bays of a dimension which will cater for the largest size of service
vehicle likely to be used;
• allow service vehicles to manoeuvre with ease (i.e. there should be adequate
manoeuvring space within the site for a vehicle to enter and leave the service area in a
forward gear);
• not inconvenience other users of the site when service vehicles are being loaded or
unloaded.
The only possible exception to the requirement for all servicing to be carried out on-site may
be where the construction of on-site service bays would seriously damage the character of
the urban environment.
1.7 “Bulk retailing stores” require large display areas.  In Argyll and Bute, supermarkets, garden
centres and the sale of DIY goods, wallpaper, paints, carpets, furniture and furnishings may
fit this category.  All other retailing developments will be assessed by the “shops” standard.
1.8 “Wholesale warehouses” are premises where wholesale goods are collected by the
customer (e.g. cash and carry businesses).  Warehouses that are just transit stores for goods
will be assessed by the “Factories, workshops and warehousing” parking standard.
1.9 Where a retail development car park is designed to provide general town centre parking, or
can be demonstrated to do so to a significant extent, that should be recognised in the
amount of parking that is permitted above that specifically allowed for the development.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Transport (including core paths)
1.10 For stadia and leisure uses sufficient coach parking should be provided to the satisfaction of
the Planning Authority and treated separately from car parking.  Coach parking needs to be
designed and managed so it will not be used for car parking.
1.11 For higher and further education uses the standard for students relates to the total number
of students attending an educational establishment, rather than full-time equivalents.
1.12 In normal circumstances, adequate off-street parking or communal parking should be
provided adjacent to all new development to ensure that vehicles are not parked on the
road where they may impede traffic flow or cause a hazard.  A degree of flexibility will be
available where: -
1. It can be shown by the applicant that the parking requirement can be met by existing car
parks and that the demand for parking in connection with the development will not
coincide with the peak demand from the other land uses in the area.
2. The development is a straight replacement that can use the existing parking provision.  It
should be noted that there may also be a requirement to provide additional parking
spaces if there was a shortfall in the original provision.
3. The development is adjacent to, and well served by, good public transport and
pedestrian links.
4. The development, due to special characteristics, is likely to generate a significantly lower
demand for parking that the standards would imply.
5. Environmental considerations are of prime importance e.g. the development is proposed
within a Conservation Area.
6. There is a need for additional disabled parking to serve the needs of the users of the
building.
1.13 It should be noted however, that before the parking requirement is reduced or increased it
would have to be shown to the council’s satisfaction that the development complies with
one or more of the above criteria.
CAR PARKING STANDARDS
Reference to m2  is to
Gross Floor Area
Argyll and Bute Minimum
Parking Standard
National Maximum Parking
Standard
Bulk Retailing Stores 1 space per 25m2 1 space per 14m2
Shops 1 space per 30m2 1 space per 20m2
Wholesale Warehouses 1.1 space per 100m2 1 space per 20m2
Business (Use Class 4) 1 space 50m2 1 space per 30m2
Cinemas (Use Class 11 (a)) 1 space per 10 seats 1 space per 5 seats
Conference Facilities 1 space per 10 seats 1 space per 5 seats
Stadia Not applicable 1 space per 15 seats
Leisure (other than Cinemas
and Stadia)
1 space per 22m2 1 space per 22m2
Hotels and Hostels 1 space per 3 staff plus 1.2 spaces
per room
N/A
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Argyll and Bute Local Development Plan – Supplementary Guidance
Transport (including core paths)
Bed and Breakfasts Housing Standards plus 1 space per
letting room
N/A
Higher and Further Education 1 space per 2 staff plus 1 space per
15 students
1 space per 2 staff plus 1 space per 15
students
Storage or Distribution 4 spaces per 100m2 N/A
General Industrial 2 spaces per 100m2
Open Air Markets 1 space per 50m2 site area 1 space per 50m2 site area
Restaurants (Use Class 3) Hot
Food Takeaways and Public
Houses
2 spaces per 22m2 2 spaces per 22m2
Housing (Use Class 9) and
Flatted Dwellings
1.5 spaces per 1 bedroom unit
2 spaces per 2-3 bedroom unit
3 spaces per 4 or more bedroom
units
N/A
Residential Institutions:
Homes
Sheltered Housing
1 space per 2 staff plus 1 space per 4
units/bedrooms
1 space per warden plus 0.5 to 0.8
spaces per dwelling
N/A
N/A
Town Centre: Housing (Use
Class 9) (all Scales) and
Flatted Dwellings (medium to
large scale)
0.5 spaces per unit N/A
Hospital 1 space per doctor; 1 space per 3
staff plus 1 space per 3 beds;
Day clinics and out patients 3 spaces
per 100m2
Non Residential Institutions 1 space per 2 staff plus 3 spaces per
100m2
N/A
Disabled Car Parking
Provision
Minimum standards (retail, leisure
and recreation) :-
3 spaces or 6% (whichever is greater)
in car parks with up to 200 spaces: or
4 spaces plus 4% in car parks with
more than 200 spaces.
Places of employment:-
1 space per disabled employee plus 2
spaces or 5% (whichever is greater in
car parks with up to 200 spaces; or
6 spaces plus 2% in car parks over
200 spaces.
Specific provision should be made for
parking for disabled people in addition
to general provision. In retail,
recreation, leisure developments, and
places of employment.   Disabled
parking spaces should be at least 5 x 2.5
metres, with a clear space at least a 1
metre wide along one long side to
facilitate access for wheelchairs.  The
clear space may be shared between 2
car parking spaces.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Transport (including core paths)
ZERO PARKING PROVISIONS IN TOWN CENTRES INCLUDING CORE
SHOPPING AREAS
The limited categories of development that will not be expected to provide off-street car
parking on development sites in identified town centre zones (including Core Shopping
Areas) are set out below :
Retail (Use Class 1) Small and Medium scale (up to 1000m2 gross floor
space)
Restaurants (Use Class 3) Hot Food Takeaway and
Public Houses
Any scale
Other Leisure Facilities (Use Class 11) Small scale (500m2 gross floorspace)
Special Needs Housing (Use Class 9) Any scale (disabled car parking may however be
required)
Flatted Dwellings (for single bedroom) Small scale (up to five dwelling units)
Business (Use Class 4) Small and Medium scale (buildings up to 600m2
footprint and gross site area up to 2 Ha.)
Where specific types of developments are not included guidance should be sought from Development and
Infrastructure, Policy and Assets Manager.
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Argyll and Bute Local Development Plan – Supplementary Guidance
Transport (including core paths)
SG LDP  TRAN 7 - Safeguarding of Airports
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
Development will be refused where it would constrain the present and future operations of
existing airports and airfields.
1.1 Explanation of Policy Objectives
1.1.1 The aim of this policy is to prevent unnecessary dangers to low-flying aircraft and to ensure
that the scope for expansion of facilities at existing airports and airfields is not limited by
inappropriate development.
1.1.2 A major concern for airports and airfields is danger to aircraft presented by tall buildings and
structures, or land uses which may attract flocks of birds.  The possibility of future expansion of
airports, or the installation of new facilities, must also be borne in mind.  It is therefore important to
consider the effect of proposed development on the present and future operation of airports and
airfields.
1.1.3 This SG conforms to:
• SPP
• LDP Key objective G
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Argyll and Bute Local Development Plan – Supplementary Guidance
Telecommunications
SG LDP TEL 1 – Telecommunications
This policy provides additional detail to policy LDP 11 – Improving our Connectivity and
Infrastructure of the Adopted Argyll and Bute Local Development Plan.
There is a presumption in favour of proposals for telecommunications development provided
that the following criteria are met: -
(i) the siting and appearance of the proposed apparatus and associated structures should seek
to minimise impact on the visual amenity, character or appearance of the surrounding
area;
(ii) if on a building, apparatus and associated structures should be sited and designed in order
to seek to minimise impact on the external appearance of the host building;
(iii) if proposing a new mast, it should be demonstrated that the applicant has explored the
possibility of erecting apparatus on existing buildings, masts or other structures.  Such
evidence should accompany any application made to the Planning Authority;
(iv) if proposing development in an environmentally sensitive area, the development should
not have an unacceptable impact on areas of ecological interest, including Areas of Wild
Land, National Scenic Areas, historic gardens and designed landscapes, other areas of
landscape importance, the Greenbelt, the isolated coast sector of very sensitive
countryside, archaeological sites, conservation areas, areas of townscape quality or
buildings of architectural or historic interest.  Special care should be exercised in these
locations.
When considering applications for telecommunications development, the Planning Authority
will have regard to the operational requirements of tele-communications networks and the
technical limitations of the technology.  Applicants will be expected to demonstrate compliance
with ICNIRP guidelines.
1.1 Explanation of Policy Objectives
1.1.1 The Scottish Government’s policy is to enable the telecommunication industry to expand and
diversify in a sensitive manner.  The telecommunications industry’s operational and expansion plans
are essential to the global competitiveness of a Smart Successful Scotland.  Such economic and social
benefits can only be secured if the industry’s infrastructure is developed and improved, including
networks of radio base stations.  The development of these networks is required to be undertaken
with greater attention to the siting and design of apparatus.
1.1.2 The provisions of SPP are material to the determination of planning applications for
telecommunications development.  Planning Advice Note (PAN) 62 ‘Radio Telecommunications’
provides advice on the siting and appearance of telecommunications development and will also be
treated as a material consideration in the determination of any planning application for tele-
communications development.
1.1.3 The Council is mindful of the Scottish Government’s policy on emission, health and the role
of the planning system, which states that it is not necessary for planning authorities to treat radio-
frequency emissions as a material consideration, if the arrangements relating to the declaration of
compliance with the ICNIRP (International Commission on Non-Ionising Radiation Protection)
guidelines are undertaken. 
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Argyll and Bute Local Development Plan – Supplementary Guidance
Telecommunications
1.1.4 Telecommunications investment is an economic and social priority for Argyll and Bute. In
particular super-fast and reliable broadband services together with modern standards of mobile
phone coverage are both deemed necessary to sustain our quality of life and enable sustainable
economic growth to take place.  It contributes to overcoming some of the challenges of remoteness
in the island and extended peninsular geography of the area.  The economic role and technical
requirements of such development also requires to be balanced alongside environmental
considerations.
1.1.5 This SG conforms to:
• SPP
• PAN 62 (Radio Telecommunications)
• LDP Key Objectives A, B, C, D and I
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Argyll and Bute Local Development Plan – Supplementary Guidance
List of Settlements
These lists contain the names of the Main Towns and Key Settlements, Key Rural Settlements and
Villages and Minor Settlements set out in section 2.9 of the Local Development Plan.
Argyll and Bute Main Towns
1. Campbeltown
2. Dunoon
3. Helensburgh
4. Lochgilphead/Ardrishaig
5. Oban/Dunbeg
6. Rothesay
Argyll and Bute Key Settlements
1. Cardross
2. Bowmore
3. Inveraray
4. Sandbank (including Ardnadam)
5. Tarbert
6. Tobermory
Argyll and Bute Key Rural Settlements
1. Ardfern/Craobh Haven
2. Ardminish
3. Arinagour
4. Barcaldine
5. Benderloch (including Ledaig/Keil
Crofts/Baravullin)
6. Bunessan
7. Cairndow
8. Carradale
9. Clachan
10. Craighouse – Keills
11. Craignure
12. Crossapol
13. Dalmally
14. Furnace
15. Garelochhead
16. Glenbarr
17. Kames/Tighnabruaich
18. Kilcreggan/Cove
19. Port Charlotte
20. Port Ellen
21. Rosneath/Clynder
22. Salen
23. Southend
24. Strachur
25. Taynuilt
26. Tayvallich (including Carsaig)
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Argyll and Bute Local Development Plan – Supplementary Guidance
List of Settlements
Argyll and Bute Villages and Minor Settlements
1. Acha – Seil
2. Achahoish
3. Achnacroish – Lismore
4. Achnagoul
5. Achnamara
6. A’Chrois – South
7. Appin/Tynribbie
8. Ardbeg
9. Ardbrecknish
10. Ardentallen
11. Ardnagowan
12. Ardoch
13. Ardpeaton
14. Arduaine
15. Aros Bridge
16. Aros Mains
17. Baile Mor – Iona
18. Balemartine
19. Balephuil
20. Ballygrant – including Kilmeny
21. Balvicar
22. Balvicar Bay
23. Bellanoch
24. Bellochantuy
25. Black Mill Bay – Luing
26. Blackrock
27. Bonawe
28. Bridge of Awe
29. Bridge of Orchy
30. Bridgend
31. Bridgend/Waterfoot
32. Bruichladdich
33. Bunnahabhain
34. Cairnbaan
35. Calgary
36. Caol Ila
37. Clachaig
38. Clachan
39. Clachan of Glendaruel
40. Claddach
41. Cladich
42. Colgrain Farm
43. Colintraive
44. Conisby
45. Connel
46. Cornaigmore
47. Coulport/Letter
48. Creag a’Phuill/Poll
49. Crinan/Crinan Harbour
50. Croc-an Raer
51. Croggan
52. Cuan - Seil
53. Cui Dheis – north Balemartine
54. Cullipool – Luing
55. Cumlodden
56. Dalavich
57. Dervaig
58. Drumlemble
59. Duiletter
60. Eallabus
61. Easdale – Easdale Island
62. Ellenabeich – Seil
63. Eorabus
64. Eredine
65. Erraid – on the island of Erraid
66. Ettrickdale
67. Fearnoch
68. Fionnphort
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Argyll and Bute Local Development Plan – Supplementary Guidance
List of Settlements
69. Ford
70. Glenegedale
71. Grogport
72. Hynish
73. Innellan
74. Inverinan
75. Inverneill
76. Kames
77. Keills - Islay
78. Kenmore
79. Kenovay
80. Kerrycroy
81. Kilberry
82. Kilchenzie
83. Kilchrenan/Annat
84. Kilfinan
85. Killean
86. Killeonan/Knocknaha
87. Kilmartin
88. Kilmelford
89. Kilmichael/Bridgend
90. Kilmichael of Inverlussa
91. Kilmore/Barran
92. Kilninver
93. Kingarth/Kilchattan
94. Kintra
95. Kirn
96. Knockdrome/Ardfernal
97. Lagavulin
98. Laphraoig
99. Leachd
100. Leanach
101. Lephinmore
102. Letterwalton
103. Lochawe
104. Lochdon
105. Lochgair
106. Lower Altgatraig – Newton
107. Lunga
108. Machrihanish
109. Melfort
110. Mill Cottage – Glendaruel
111. Millhouse
112. Millpark
113. Minard
114. Muasdale
115. Nerabus
116. Newton
117. North Connel
118. Old Kilmore Parish Church
119. Old Kilmore Parish Church –
East
120. Peninver
121. Pennyghael
122. Port Ann/Achnaba
123. Port Appin
124. Port Askaig
125. Port Bannatyne/Ardbeg
126. Port Ramsay – Lismore
127. Port Righ
128. Portavadie
129. Portincaple/Whistlefield
130. Portkil
131. Portkil House
132. Portnacroish
133. Portnahaven/Port Wemyss
134. Portsonachan
135. RAF Machrihanish
136. Rahane
137. Redhouses
138. Rhu
139. Saddell
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Argyll and Bute Local Development Plan – Supplementary Guidance
List of Settlements
140. Sandaig
141. Sandhole
142. Scalasaig
143. Scarinish
144. Shandon
145. Skipness
146. Slockavullin
147. South Cuan – Luing
148. Sraid Ruadha/Balevullin
149. Sron-na-Bruic
150. St Catherines
151. Stewarton
152. Straad
153. Stronafian
154. Stronmilchan
155. Tayinloan
156. Toberonochy – Luing
157. Torinturk
158. Torran
159. Toward
160. Uisken
161. West Ardhu
162. West Loch Tarbert
163. Whitehouse
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Title (edit as required)
1
Wrap text – in front of text
Resize / Crop image to 7 x 5 cm
(ensure image is not distorted)
Picture border – black, 0.5pt
Horizontal position – absolute, 14cm
from page
Vertical position – absolute, 24.7cm
from page
Wrap text – in front of text
Resize / Crop image to 7 x 5 cm
(ensure image is not distorted)
Picture border – black, 0.5pt
Horizontal position – absolute, 7cm
from page
Vertical position – absolute, 24.7cm
from page
Wrap text – in front of text
Resize / Crop image to 7 x 5 cm
(ensure image is not distorted)
Picture border – black, 0.5pt
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from page
Vertical position – absolute, 24.7cm
from page
Argyll and Bute Council
Development and Infrastructure
Director: Pippa Milne
www.argyll-bute.gov.uk
Chomhairle Earra-Ghàidheal is Bhòid
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Argyll & Bute Council
Operational Services
Scale 1:200, 1:20 Date June 2008
Drawing No SD 08/003
Typical Passing Place Detail
For use on Public and Private Roads
5.5m
5.5m 10m 5.5m
30° Existing Road
300 mm
Well compacted
GSB Type 1
Laid to falls
Geotextile Separation layer
Subsoil
80 mm DBM Combined
Binder Course and Roadbase
40 mm 14mm CG Surface Course
300 mm
Well compacted
GSB Type 1
Laid to falls
Geotextile Separation layer
Subsoil
B.
130 mm DBM Combined
Binder Course and Roadbase
40 mm  14mm CG Surface Course
C.
Notes.
1.  All options laid to falls such that
surface water is shed to back of      
passing place, offlets and ditch to      
be provided as required.
2.   Spcification to be agreed with      
Roads Authority.
300 mm
Well compacted
GSB Type 1
Laid to falls
Geotextile Separation layer
Subsoil
A.
3.   Construction depth on rock can be
reduced with the agreement of
the Roads Authority.
5.   Type A construction will only
be used on unsurfaced private
access tracks.
6.    Type B construction will be used
on all strategic routes and heavily
trafficed secondary routes.
4.   Passing places on routes subject to
commercial vehicle traffic will be      
15m long.
(15m)
7.    Type C construction will be used
on all other routes where traffic       
volumes are low and msotly       
private vehicles and LGVs.
REV. a
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Auchnagoul House         
Inveraray,         
Argyll & Bute 
PA32 8XT
Argyll & Bute Council 
Development Management 
Kilmory Castle, 
Lochgilphead,
Argyll & Bute        Date: 11.04.2023     
Dear Sirs,
Re: Planning application No. 20/01901/PPP
I am writing to comment on the notice of review for the above planning at Auchnagoul.
My wife and I are the owners of Auchnagoul House and full-time residents. Ours is the
dwelling house next to Swallow tale Cottage on the site plans.
We have previously documented our objections in our letter dated 08.01.2021 and
these objections still stand as there has been no further detail regarding them given. 
Having read the documentation from Millard Consulting I would like to address a few
points which need clearing up. 
1. The comment has been made that the council gave SSE’s contractors permission to
access the quarry at the top of Auchnagoul. I would like to point out that the bulk of
the material, which was blasted and crushed on site, went to make roadways
further up Auchnagoul during the project and very little traffic left the site, using the
junction of the A83. 
Since the forestry finished their harvesting operation last year, there have been very
few logging lorries using the junction.
The problem of the junction could only ever be improved when turning right, by
reducing the blind summit or by traffic control in the form of lights. Both of which
are not financially practical. 
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2. The comment by Mr. Pirie (Millard Consulting) regarding the decrease in traffic
resulting from the removal of the existing buildings use is a very strange one. I
would like to point out that the building is not being used for any purpose and there
is no Agricultural equipment currently being used anywhere in Auchnagoul.
Therefore, the construction of a house would by nature increase the traffic usage by
the number of car owners who would occupy the property. However, they would
still need to use the junction and be subject to the existing visibility issues. 
3. I notice that towards the end of Mr. Pirie comments he makes a statement about
the fact that his client would not need to bring the road up to council standard. I
have seen no evidence that Argyll Estates / Forestry Commission have been
consulted or there has been any feasibly study carried out by any party of who will
be paying for this. Mr. Pirie appears to think the imaginary farm traffic reduction will
negate any upgrading, other than a few passing places, which could encourage the
public to use them as parking areas for walking. 
4. I would also like to draw the council’s attention to the fact that Mr. Pirie did not
mention the increase in traffic, during any construction which could be up to a year
or more depending on the build progress or if the road would get its passing places
prior to the construction being started. This brings me to the next issue of parking of
site traffic. At no point during the process has this been brought up, the road to the
site is a rough surface single track with nowhere to park once you get to the top,
which involves crossing two burns. With heavy plant and vehicles bringing in
suppliers there is a real danger these will be damaged. Again, these are part of the
road owned by the Argyll Estates and there is no evidence that these have been
surveyed to identify if these are fit to take heavy and increased construction traffic. 
Should you require any points in this letter clarifying, please do not hesitate to contact me. 
Yours Sincerely
Mr. & Mrs. Knowles
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