Democracy Spraffa

Agenda reports pack

Argyll and Bute Council · 6 March 2023
Back to Argyll and Bute Local Review Body — 6 March 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

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 
27 February 2023 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on MONDAY, 6 MARCH 2023 at 2:30 PM, 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: KILKIVAN, DRUMORE,
CAMPBELTOWN, ARGYLL, PA28 6NW (REF: 23/0001/LRB) 
(a) Notice of Review and Supporting Documentation (Pages 3 - 8)  
(b) Comments from Interested Parties (Pages 9 - 22) 
Argyll and Bute Local Review Body 
Councillor Amanda Hampsey (Chair) Councillor Willie Hume
Councillor Peter Wallace   
Contact: Fiona McCallum, Committee Services Officer Tel: 01546 604392
Public Document Pack

Page 2

This page is intentionally left blank

Page 3

Page 3 Agenda Item 3a

Page 4

Page 4

Page 5

Page 5

Page 6

Page 6

Page 7

Page 7

Page 8

This page is intentionally left blank

Page 9

STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
ERECTION OF FENCE (PART RETROSPECTIVE) 
30TH JANUARY 2023
Page 9 Agenda Item 3b

Page 10

STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr
Christina Kane (“the appellant”). 
Part retrospective planning permission 22/01939/PP for Erection of fence (part
retrospective) at Kilkivan, Drumore, Campbeltown PA28 6NW (“the appeal site”) was
granted under delegate powers subject to conditions on 22.12.22. 
The planning application has been appealed and is subject of referral to a Local
Review Body. 
DESCRIPTION OF PROPOSAL 
The erection of a fence (part retrospective) was granted planning permission on
22.12.22 following an enforcement investigation in respect of the unauthorised
erection of the fence which was also subject to an enforcement complaint. 
Due to the unacceptable current height of the fence in the interests of visual amenity
Condition 2 of the part retrospective planning permission required the fence to be
reduced to 1.5m as identified on the submitted plan within 3 months from the date of
the permission, requiring the fence to be reduced in height by 22.03.23.  Condition
no.2 states: 
Within 3 months from the date of this permission the section of the fence highlighted with a
blue line on the approved site plan 1303/P/1-A shall be reduced to a minimum height of 1.5m
as identified on the plan to the satisfaction of the Council as Planning Authority. 
Reason:  In order to help integrate the development into its surroundings and reduce the
visual impact. 
The application subject of review sought to amend the timescale of this condition
from 3 months to 1 year.           
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED
Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that
where, in making any determination under the planning 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 request by the appellant are sufficient to outweigh the fact that
the current fence is unauthorised and unacceptable at its current height for it
Page 10

Page 11

to remain at this height for an extra 9 months from the 3 month time frame
given by condition no.2. 
The Report of Handling (Appendix 1) sets out the Council’s assessment of the
application in terms of Development Plan policy and other material considerations. 
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is not considered that any additional information is required in light of the
appellant’s submission.  The concerns raised in respect of the existing fence at a
current height of approx. 2m were assessed in the Report of Handling which is
contained in Appendix 1.  As such it is considered that Members have all the
information they need to determine the case. Given the above and that the proposal
has no complex or challenging issues, and has not been the subject of any
significant public representation, it is not considered that a Hearing is required. 
COMMENT ON APPELLANT’S SUBMISSION 
In summary, the appellant contends that he cannot get the work carried out by a
contractor to comply with the timescale of the condition (3 months) and that an
extended time period of one year is required. 
Comment:  As detailed in the Report of Handling the element of the fence at 2
metres in height is not considered acceptable in terms of visual amenity resulting in a
detrimental visual impact on the existing streetscape and therefore it is not
considered acceptable to extend the time period to one year.
Page 11

Page 12

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. 
In the consideration of this review regard has to be given to the detrimental visual
impact the fence is having on the existing streetscape and that it is not in keeping
with the existing streetscape and garden enclosures. 
Taking account of the above, it is respectfully requested that the application for
review be dismissed. 
Page 12

Page 13

APPENDIX 1 
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: 22/01939/PP
Planning Hierarchy: Local 
Applicant: Mr Christian Kane
Proposal: Erection of fence (part retrospective)
Site Address:  Kilkivan, Drumore, Campbeltown 
DECISION ROUTE 
Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Erection of fence (part retrospective) 
(ii) Other specified operations
 Reduction in height of rear fence 
(B) RECOMMENDATION: 
Recommend that part retrospective planning permission be granted subject to the
conditions and reasons within the report. 
(C) CONSULTATIONS:   
Area Roads Engineer – no objection – report dated 24.11.22
Transport Scotland – no objection – report dated 18.10.22 
(D) HISTORY:   
02/00771/DET - Erection of 1.5m high timber fence – granted 24.06.02 
(E) PUBLICITY:   
Page 13

Page 14

Not required 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Two emails of representation has been received:
Malcolm McFadyen – emails dated 28.10.22 and 25.11.22 
(ii) Summary of issues raised: 
 Road Safety – loss of sightlines from the driveway, the new fence renders
them blind to other road users;
Comment:  The roads Department have raised no concerns. 
 Previous planning permission was granted for a 1.5m fence around this
property which was previously reduced to 1m in height along the
roadside.  Permitted development should be adhered to in the ground of
safety to other road users.
Comment:  The fence is not considered to be a road safety issue;
following this email the applicant has submitted an amended plan showing
the fence to the rear reduced to 1.5m and in light of the previous
permission for a 1.5m high fence this amended proposal is considered
acceptable. 
 Streetscape – object to the fence on ground of appearance, visual
amenity and impact on the built environment.
Comment:  The fence in its current form of approx. 2m high at the rear is
not considered acceptable in terms of its visual appearance in respect of
the surrounding streetscape.  The applicant has submitted an amended
plan showing the fence to the rear reduced to 1.5m and in light of the
previous permission for a 1.5m high fence this amended proposal is
considered acceptable. 
 Whilst the reduction in height to 1.5m will improve the visual aspect this
will have little impact on road safety; returning the rear fence to the hit and
miss style fencing originally consented would improve visibility.
Comment:  The roads department have raised no concerns to the
proposal and it is not considered to be a road safety concern. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Statement: No  
(ii) An appropriate assessment under the
Conservation (Natural Habitats) Regulations
1994:   
No  
(iii) A design or design/access statement:    No  
Page 14

Page 15

(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. 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 9 – Development Setting, Layout and Design 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016) 
Enforcement Action 
SG LDP ENF – Enforcement Action 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
(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. 
 Scottish Planning Policy
 Representation
 Planning History
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The unchallenged
policies and proposals within pLDP2 may be afforded significant material weighting in the
determination of planning applications at this time as the settled and unopposed view of the
Council. Elements of the pLDP2 which have been identified as being subject to unresolved
Page 15

Page 16

objections still require to be subject of Examination by a Scottish Government appointed
Reporter and cannot be afforded significant material weighting at this time. The provisions of
pLDP2 that may be afforded significant weighting in the determination of this application are
listed below: 
 None 
(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 
Part retrospective planning permission is sought for a timber fence erected at
Kilkivan, Drumore, Campbeltown.  This application has been submitted as the result
of an enforcement investigation following a complaint in respect of the unauthorised
fence. 
A vertical close boarded timber fence has been erected to the front, side and rear of
the detached property known as Kilkivan, Drumore; the site lies within the
‘Settlement’ area of Campbeltown as defined by the Local Development Plan. 
The fence to the front of the property is adjacent to the A83(T); whilst 2m is
considered a high fence next to a public road this property and neighbouring property
have had fences erected along this front boundary for a number of years (this
property has always had the higher fence of the two properties); the previous fence
for this property which was similar in height along this rear boundary but of a picket
style hit and miss fence design and was removed and replaced by this 2m high close
boarded timber fence.  This fence has continued along the side elevation to the rear
boundary and along approx. half of the rear boundary (apart from the parking area). 
Whilst the 2m high fencing is considered acceptable at the front and along the side
boundary of the dwellinghouse (to the rear elevation of the dwellinghouse) it is not
considered acceptable further forward of the rear elevation of the dwellinghouse at
the rear garden upto the unclassified road.  The fence at approx. 2m in height is not
considered to be in keeping with neighbouring surrounding properties which all have
walls and fence enclosures of around 1m in height and is not in keeping with the
existing character of the streetscape.  The fence in its current form as erected could
not be supported. 
Page 16

Page 17

Previous planning permission was granted in 2002 for a fence to be erected around
the boundary of the property at 1.5m in height of a picket style hit and miss fence; in
light of this previous permission it was not considered appropriate to request the
fence be lower in height to this previous approval; however the applicant was advised
to reduce the height of the fence to a minimum of 1.5m to the rear of the
dwellinghouse.  In light of this advice an amended plan was submitted identifying this
rear boundary fence being reduced to 1.5m in height which is considered acceptable
in light of previous planning permission granted.  A condition will be attached
requiring this element of the fence to be reduced to 1.5m within 3 months from the
date of the permission. 
With the fence at 2m in height to the front and reduced in height to 1.5m to the rear
the proposal is considered acceptable in terms of Development Plan Policies LDP
DM1, LDP STRAT 1 and LDP 9. 
(Q) Is the proposal consistent with the Development Plan: Yes 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
With the fence at 2m in height to the front and reduced in height to 1.5m to the rear
the proposal is considered acceptable in terms of Development Plan Policies LDP
DM1, LDP STRAT 1 and LDP 9. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
None 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
No 
Author of Report: Kim MacKay Date: 28.11.22 
Reviewing Officer: Peter Bain Date: 22.12.2022 
Fergus Murray
Head of Development and Economic Growth 
Page 17

Page 18

CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/01939/PP 
The development to which this permission relates must be begun not later than three
years from the date of this permission. 
Reason: In accordance with Section 58 of the Town and Country Planning (Scotland)
Act 1997. 
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on
the application form dated 22.09.22; supporting information and, the approved
drawings listed in the table below unless the prior written approval of the planning
authority is obtained for an amendment to the approved details under Section 64 of
the Town and Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Location Plan  - - 23.09.22
Site Plan  1303/P/1-A A 23.11.22 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
2. Within 3 months from the date of this permission the section of the fence highlighted
with a blue line on the approved site plan 1303/P/1-A shall be reduced to a minimum
height of 1.5m as identified on the plan to the satisfaction of the Council as Planning
Authority. 
Reason:  In order to help integrate the development into its surroundings and reduce
the visual impact.  
3. The fence hereby granted permission shall remain a dark recessive colour in
perpetuity to the satisfaction of the Council as Planning Authority. 
Reason:  In order to help integrate the development into its surroundings and reduce
the visual impact. 
Page 18

Page 19

APPENDIX TO DECISION APPROVAL NOTICE 
Appendix relative to application 22/01939/PP 
(A) Has the application required an obligation under
Section 75 of the Town and Country Planning
(Scotland) Act 1997 (as amended):
Yes – amended
plan showing a
reduction in
height of the
fence at the rear 
to 1.5m 
If Yes: The terms of the Section 75 obligation may be viewed on the
Council’s website at www.argyll-bute.gov.uk  by recalling the
application reference number on the Council’s Public Access Module
and then by “Clicking” Section 75 Obligation under the attached
correspondence or by viewing the Public Planning register located at
Planning Services, 1A Manse Brae, Lochgilphead, Argyll, PA31 8RD. 
(B) 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 
(C) Is the proposal consistent with the Development Plan? No 
(D) Summary justification statement for approval of planning permission 
With the fence at 2m in height to the front and reduced in height to 1.5m to the rear
the proposal is considered acceptable in terms of Development Plan Policies LDP
DM1, LDP STRAT 1 and LDP 9. 
Page 19

Page 20

This page is intentionally left blank

Page 21

Page 21

Page 22

This page is intentionally left blank