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00018 Statement of Case

Argyll and Bute Council · 30 June 2022
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Page 1

STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
22/0003/LRB 
REFUSAL OF PLANNING PERMISSION 21/00018/PP
FOR THE ERECTION OF A STEEL BUILDING FOR THE
STORAGE OF AIRFIELD MAINTENANCE EQUIPMENT
AND AIRCRAFT AND FORMATION OF
HARDSTANDING 
GLENFORSA AIRFIELD, GLENFORSA, ISLE OF MULL 
27.04.2022

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STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr Brendan
Walsh (“the appellant”). 
Planning permission 21/00018/PP for the erection of a steel building for the storage of airfield
maintenance equipment and aircraft and formation of hardstanding area at Glenforsa Airfield,
Glenforsa, Isle of Mull (“the appeal site”) was refused by the Planning Service under delegated
powers on 30.03.2022.   
The planning application has been appealed and is subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The site is located within the ‘Countryside Zone’ (CZ) where Policy LDP DM 1 normally only gives
encouragement to small scale developments on an appropriate infill, rounding off, redevelopment
and change of use of building basis.   
Within the Countryside Zone all development proposals which are not small scale infill, rounding
off, or redevelopment might be supported if it is deemed that an appropriate ‘exceptional case’
has been made and where the proposed development can be shown to have no materially harmful
landscape impact in accordance with an Area Capacity Evaluation (ACE). 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.
The site for the development does not represent infill, rounding-off or redevelopment and no claim
of any ‘exceptional case’ was made during the life of the planning application despite repeated
requests for such information should the appellant be relying upon this to support his development
proposals. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED 
Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in
making any determination under the Planning Act, regard is to be had to the development
plan, and all other material planning considerations and the determination shall be made in
accordance with the plan unless material considerations indicate otherwise.  This is the test
for this application. 
STATEMENT OF CASE 
Argyll and Bute Council considers the determining issues in relation to the case are as follows: 
 Whether the appellant has demonstrated an ‘exceptional case’ based on an overriding
locational or operational need sufficient to warrant the approval of the development in
compliance with Policy DM 1 of the adopted Argyll and Bute Local Development Plan
2015.   
The Report of Handling (Appendix 1) sets out the Council’s full 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 
The planning application the subject of this Review was properly assessed based on the
information submitted. The Appellant is now seeking to support the development through a
detailed submission that was not available to officers at the time of their determination. The
submitted information is entirely new and raises substantive material issues not previously
available. This will require, effectively, a completely fresh assessment including any necessary
consultations. This Notice of Review was received on the 27th April 2022 with a statement of case
required to be submitted by planning officers by the 11th May. It is not possible for officers to carry
out a competent assessment of this new submission within that timeframe. 
It is respectfully suggested that the correct mechanism for this new information to be properly and
competently assessed would be through the submission of a new formal application for planning
permission. 
COMMENT ON APPELLANT’S SUBMISSION 
 The appellant’s agent contends that an ‘exceptional case’ exists and justifies planning
permission being granted.  The Appellant accepts that he should have submitted this at the
time the planning application was being considered.   
 The appellant’s agent contends that due to the case officer changing three times over the
course of the year that the application took to process, and ‘crossed wires’ in what was
required, he did not provide the justification that he knew to exist based upon the community
and economic importance of the Airfield, and why the hangar building is required to support
its ongoing functioning and success. 
Planning Authority Comment:  The Planning Authority strenuously contests this interpretation
of the events. 
Nearly four years prior to the submission of the planning application the subject of this Review,
the Appellant submitted a request for pre-application advice for the same development on the
same site. He was advised by officers in writing on the 6th July 2017 of the constraints and
opportunities applicable to the development; that no appropriate infill, rounding-off or
redevelopment opportunities exist and that any formal planning application should, therefore, be
accompanied by a detailed statement outlining any ‘exceptional case’. 
The Appellant then engaged a local planning agent to further this enquiry and that agent was
advised in writing on the 22nd August 2017 that officers had met with the Appellant to discuss the
development, that they had discussed potential more suitable and more easily supportable
alternative sites within his land ownership and again reiterating that any formal planning
application for the development on the site the subject of this subsequent Review must be
supported by an appropriate exceptional case. 
No follow-up planning application was made at that time. 
The Appellant then contacted the same planning case officer again in September 2020 seeking
to revisit the previous pre-application enquiry and was informed in writing for the third time that
any such development would need to be supported by an appropriate exceptional case. 
The planning application the subject of this Review was submitted on the 7th January 2021 (and
validated on the 24th February 2021). This planning application was not accompanied by any claim
of any ‘exceptional case’ required to justify the development within the Countryside Zone.

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Officers sought to secure any missing ‘exceptional case’ information and whilst some preliminary
detail was eventually submitted, it did not meet the necessary threshold tests. 
Officers then sought again to require this information; this time formally through the use of
Regulation 24 of the  Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2008. This formal written request for information was issued on the 19th
January 2022 with a requirement that any claim of exceptional case that the Appellant may rely
upon to offer justification for his proposed development be submitted no later than the 2nd
February 2022 unless any extended time period is agreed. The Appellant was advised at this time
that his planning application would be determined on the basis of the information submitted unless
additional supporting information/evidence was submitted within the agreed (or any agreed
extended) timeframe. 
It was subsequently agreed to extend the compliance period until the 2nd March 2022. 
The 2nd March came and went with no subsequent communication from the Appellant and the
planning application was refused on the 29th March 2022, some 13 months after the application
was first validated. 
It is true that the original planning case officer who handled the various strands of the pre-
application advice between July 2017 and September 2020 left the employment of the Council in
October 2020. 
It is also true that the case officer originally assigned the formal planning application in February
2021 left the employment of the Council before its eventual determination in March 2022. 
However, the case files clearly show a consistency and clarity of advice over the best part of four
and a half years, during which time every conceivable opportunity has been afforded the
Appellant. 
CONCLUSION 
It is not considered possible or appropriate to carry out a new assessment of the proposed
development based on entirely new evidence under the scope and remit of this Review. 
It is respectfully submitted that the Review Body should either set aside the new ‘exceptional
case’ justification contained within the Appellant’s submission and determine this Review based
upon the information submitted with the planning application or else to seek that the Review be
withdrawn in favour of the submission of a new planning application to enable officers to properly
assess the new information submitted.

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APPENDIX 1
Report of Handling Relative to 22/00018/PP 
Argyll and Bute Council
Development and Economic Growth 
Delegated or Committee 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: 21/00018/PP 
Planning Hierarchy: Local Development 
Applicant:  Mr Brendan Walsh     
Proposal:  Erection of a steel building for the storage of airfield maintenance  
equipment and aircraft and formation of hardstanding area 
Site Address:  Glenforsa Airfield, Glenforsa, Isle of Mull  
____________________________________________________________________________  
DECISION ROUTE 
Section 43 (A) of the Town and Country Planning (Scotland) Act 1997 (as amended) 
____________________________________________________________________________ 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission  
 Erection of a steel building
 Formation of an area of hardstanding   
(ii) Other specified operations 
 None
____________________________________________________________________________ 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it is
recommended that planning permission in principle be REFUSED for the reasons
appended to this report.
____________________________________________________________________________ 
(C) HISTORY:   
17/01497/PREAPP - Construction of aircraft hangar/ground equipment shed

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Prior to the submission of this planning application pre application advice was sought from
the department.  The pre application response advised that the site did not present any
opportunities for infill, rounding-off, redevelopment or change of use of existing buildings
and therefore the principle of development could not be supported at the site without an
acceptable claim of an ‘exceptional case’ based on an operational or locational need.  It
was further advised that there is a Rural Opportunity Area (ROA) lying immediately to the
west of the proposed site and it was suggested that this area may be a more suitable
location. The ROA allows for up to small scale development on appropriate site.  At that
time it was advised what may constitute an exceptional case and that onus would be on
the applicant to make those arguments through the submission of a planning application.
____________________________________________________________________________ 
(D) CONSULTATIONS:   
Roads Authority 
Report dated 11.03.2021 advising no objections to the proposal.  
Flood Risk Management (JBA)
Memo dated 11.03.2021 advising no objections but recommendations that the applicant
may want to ensure the finished floor level of the storage building is above the peak fluvial
flood level plus climate change which is calculated to be 9.35AOD and as a further
precaution given the proximity to multiple possible sources of flooding, the applicant may
wish to ensure maintenance machinery with electrical components are stored off the floor. 
Environmental Health 
No response at time of report and no request for an extension of time. 
Argyll & Bute Council’s Estates Department (ED)
E-mail dated 09.12.2021 advising that the proposal would not be out of keeping with the
applicant’s activities as an airfield operator, however the proposal would require the formal
consent of Argyll and Bute Council as landlord which in turn would be dependent upon the
removal from the site of an existing agricultural tenancy covering the area. 
ED have further advised that if the issue with the agricultural holding was resolved they
would consider granting such a consent but further consultations with other sections such
as Airport operatives would be required. 
Oban Airport 
No response at time of report and no request for an extension of time. 
The above represents a summary of the issues raised.  Full details of the consultation
responses are available on the Council’s Public Access System by clicking on the
following link http://www.argyll-bute.gov.uk/content/planning/publicaccess.
____________________________________________________________________________ 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour Notification
procedures, overall closing date 15.04.2021.
____________________________________________________________________________ 
(F) REPRESENTATIONS:   
Three objections and eight representations of support have been received regarding the
proposed development: 
Support

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Victor Norman, Rainbow Barn, Rendcomb, Cirencester, GL7 7DF, dated 07.04.2021.
James Gibson Fleming, Ardvergnish, Pennyghael, Isle of Mull, Argyll, dated 07.04.2021.
William Hall, Gutchpool Farm, Gillingham, SP8 5QP, dated 08.04.2021.
Chris Webb, Lowton Farm, Oake, Taunton, Somerset, TA4 1BD, dated 11.04.2021.
Martin Gosling, Stones Farm, Wickham St. Paul's, Halstead, Essex, CO9 2PS, dated
12.04.2021.
Robin Sedgwick, Crannich, Aros, Isle of Mull, Argyll, dated 15.04.2021.
Gordon Moir, 2 Callow Hill Way, Littleover, Derby, DE23 3RJ, dated 19.04.2021.
Erik Hadley, Corrachie, Salen, Isle of Mull, Argyll, dated 08.08.2021. 
 The availability of a hangar for maintenance repairs and storage will provide a secure
and sheltered zone for visiting aircraft and will make the logistics of maintaining the
airfield much easier particularly during adverse weather conditions and in the event
of emergencies.
 The proposal to improve this facility will enhance tourism prospects of the applicants
Hotel.
 The proposal will be screened by the dense stand of trees tot eh south and a
sympathetic colour of cladding would render the structure hard to see from anywhere
other than directly in front. 
Planning Authority Comment:  The planning authority acknowledges the support for the
proposed development. 
Objections 
Hugh MacPhail, Callachy Farm, Salen, Aros, Isle of Mull, Argyll, PA72 6JN, dated
29.03.2021.
Alexander Macaulay, 11 Jarvisfield Road, Salen, Isle of Mull, Argyll, dated 31.03.2021.
Alex Jacobs, Bridges Cottage, A848 North of Aros from Drumfin Lodge to the C46 Dervaig
Road Junction, Aros, Isle of Mull, dated 04.04.2021.  
Summary of issues raised 
 Concerns that the site is being turned into an industrial space and the impact of the
proposal which will be visible from Salen will upset the balance of the environment. 
Planning Authority Comment:  The site is currently adjacent to an airstrip and within
agricultural use.  The proposed building will be sited approximately 1500 metres from
Salen and such a proposal would not be an uncommon addition to this location where the
existing airstrip is readily viewed from a wider area. Notwithstanding this, however, the
proposed development does not comply with planning policy and all attempts to advise
the applicant of the need to submit a detailed ‘exceptional case’ argument to justify the
development have failed. 
 Concerns that the proposed hanger and any such associated aircraft would have
public safety implications  as the site is part of the ‘falls’ walk which forms part of a
well-known circular scenic path utilised by locals, dog walkers and visitors. 
Planning Authority Comment:  Although the site is utilised by locals, dog walkers and
visitors the constraints data has been checked and no Core Paths have been identified
within the site.  Any public safety implications would be a civil matter and not a matter for
the planning department. Therefore, this is not a material consideration in the
determination of this planning application.

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 Concerns that the author of the objection is the Agricultural Tenant on the Airfield and
has been farming the area under an Agricultural Holdings (Scotland) Act 1991 tenancy
since November 1977 which provides the security of tenure and full rights as per the
terms of the lease where the landlord cannot sub-let land under the objectors tenancy
to a third party. Argyll and Bute estates department recently referred to Mr Walsh as
a tenant and I have correspondence which mentions "both airfield tenants". As the
legal position does not permit the airfield to be sub-let, therefore it is not possible for
Argyll and Bute to grant Mr Walsh a tenancy. 
Planning Authority Comment:  The applicant has correctly submitted the Land Ownership
Certificate to Argyll and Bute Council as landowner.  The tenancy of the land is a civil
matter between Argyll and Bute Council’s Estates Department and the tenant.  Therefore,
this is not a material consideration in the determination of this planning application. 
 Concerns that the author of the objection has not been informed of the terms of the
current airfield tenancy/maintenance arrangement between Mr Walsh and Argyll and
Bute Council. Concerns have been raised with the Argyll and Bute Council estates
department with regard to the dilapidated state of the fences. The objector has no
detail on whether Mr Walsh's tenancy/maintenance arrangement with Argyll and Bute
stretches to the upkeep and replacement of the fences.     
Planning Authority Comment:  The terms of the current airfield tenancy/maintenance
arrangement between Mr Walsh and Argyll and Bute Council is a civil matter between both
parties.  Therefore, this is not a material consideration in the determination of this planning
application. 
 Concerns that the site is unsuitable for a shed as it is a prime grazing and silage
making area of the field and would greatly compromise the agricultural output. 
Planning Authority Comment:  The proposed development does not seek to remove areas
of protected agricultural land and this would be a private matter between the parties
concerned. 
 Concerns that the site is the furthest point from a power supply. 
Planning Authority Comment: This is not a material consideration in the determination of
this planning application. 
The above represents a summary of the issues raised.  Full details of the letters of
representation are available on the Council’s Public Access System by clicking on the
following link http://www.argyll-bute.gov.uk/content/planning/publicaccess.
_________________________________________________________________________ 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Statement:         No 
(ii) An appropriate assessment under the Conservation    No 
(Natural Habitats) Regulations 1994:   
(iii) A design or design/access statement:        No 
(iv) A report on the impact of the proposed development    No
e.g. retail impact, transport impact, noise impact, flood risk, 
drainage impact etc:  
____________________________________________________________________________

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(H) PLANNING OBLIGATIONS 
(i) Is a Section 75 obligation required:       No 
____________________________________________________________________________ 
(I) Has a Direction been issued by Scottish Ministers in terms of   No 
Regulation 30, 31 or 32:  
____________________________________________________________________________ 
(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, 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones
(Countryside Zone) 
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 
Supplementary Guidance 
SG 2 – Sustainable Siting and Design Principles 
SG LDP ENV 14 – Landscape 
SG LDP SERV 2 – Incorporation of Natural Features/Sustainable Drainage
Systems (SuDS)
SG LDP TRAN 4 – New and Existing, Public Roads and Private Access Regimes 
SG LDP TRAN 6 – Vehicle Parking Provision 
SG LDP TRAN 7 – Airport Safeguarding 
(i) 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. 
Argyll and Bute Sustainable Design Guidance, 2006 
Scottish Planning Policy (SPP), 2014
Consultation Responses 
Third Party Representations
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 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:

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 Policy 35 – Design of New and Existing, Public Roads and Private
Access Regimes
 Policy 36 – New Private Accesses
 Policy 37 – Development Utilising an Existing Private Access or Existing
Private Road
 Policy 39 – Construction Standards for Private Access
 Policy 43 – Safeguarding of Aerodromes
____________________________________________________________________________ 
(K) Is the proposal a Schedule 2 Development not requiring an    No 
Environmental Impact Assessment:  
____________________________________________________________________________ 
(L) Has the application been the subject of statutory pre-application  No
consultation (PAC):  
____________________________________________________________________________ 
(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 
Planning permission sought for the erection of a steel building for the storage of airfield
maintenance equipment and aircraft and the formation of a hardstanding area at Glenforsa
Airfield, Glenforsa on the Isle of Mull.   
In terms of the adopted ‘Argyll and Bute Local Development Plan’ 2015 the application
site is located within the ‘Countryside Zone’ (CZ) where Policy LDP DM 1 normally only
gives encouragement to small scale developments on an appropriate infill, rounding off,
redevelopment and change of use of building basis.   
Within the Countryside Zone all development proposals which are not small scale infill,
rounding off, or redevelopment might be supported if it is deemed that an appropriate
‘exceptional case’ has been made and where the proposed development can be shown to
have no materially harmful landscape impact in accordance with an Area Capacity
Evaluation (ACE). 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. 
In the case of the current application, the site for the development does not represent infill,
rounding-off or redevelopment. 
In this case, no sufficient claim of an exceptional case has been presented by the
applicant.  Upon request for additional supporting information the applicant has provided
justification on landscape terms only.  The details submitted are not considered sufficiently

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substantive so as to underpin the special circumstances of the proposal without which the
development would be considered contrary to the provisions of the LDP. 
Further correspondence was undertaken with the applicant who was formally notified in
accordance with Regulation 24 of the Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2008 that the planning authority
cannot positively consider the planning application in the absence of the required
details. These details requested were to be submitted within three weeks unless an
alternative extended timescale for submission was agreed in writing with the case
officer.  Additional time was requested and a further three weeks extension was given;
giving the applicant six weeks to submit the necessary requested details. 
No such requested information has been forthcoming.  Without an exceptional case to
demonstrate a locational and / or operational need tied to a precise location, there is
nothing to underpin the exceptional case argument and the Planning Authority is unable
to trigger the ACE process. In this regard the proposal is considered to be contrary to the
provisions of SG LDP DM 1 above and no further assessment of the site has been
undertaken by the Planning Authority. 
Taking all of the above into consideration, the application has not been accompanied by
sufficient information to underpin the exceptional case argument to justify the development
of the site within the Countryside Zone rendering it contrary to the provisions of Policy LDP
DM 1. 
In light of the above, it is recommended that the application be refused for the reasons
appended to this report. It is recognised that it is open to the applicant to reapply should
he so wish and to present a more comprehensive argument that may enable officers to
look more favourably upon these proposals.
____________________________________________________________________________ 
(Q) Is the proposal consistent with the Development Plan:     No  
____________________________________________________________________________ 
(R) Reasons why planning permission should be refused 
See reasons for refusal below. 
____________________________________________________________________________ 
(S) Reasoned justification for a departure to the provisions of the Development Plan 
N/A 
____________________________________________________________________________ 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:   
No 
____________________________________________________________________________ 
Author of Report:   Judith Stephen Date:  17.03.2022 
Reviewing Officer:   Tim Williams  Date:  29.03.2022 
Fergus Murray 
Head of Development and Economic Growth

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REASONS FOR REFUSAL RELATIVE TO APPLICATION REFERENCE 21/00018/PP 
1. In terms of the adopted ‘Argyll and Bute Local Development Plan’ 2015 the application
site is located within the ‘Countryside Zone’ (CZ) where Policy LDP DM 1 normally only
gives encouragement to small scale developments on an appropriate infill, rounding off,
redevelopment and change of use of building basis.   
Within the Countryside Zone all development proposals which are not small scale infill,
rounding off, or redevelopment might be supported if it is deemed that an appropriate
‘exceptional case’ has been made and where the proposed development can be shown
to have no materially harmful landscape impact in accordance with an Area Capacity
Evaluation (ACE). 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. 
In the case of the current application, the site for the development does not represent
infill, rounding-off or redevelopment. 
In this case, no sufficient claim of an exceptional case has been presented by the
applicant.  Upon request for additional supporting information the applicant has provided
justification on landscape terms only.  The details submitted are not considered
sufficiently substantive so as to underpin the special circumstances of the proposal
without which the development would be considered contrary to the provisions of the LDP. 
As the current application is not accompanied by the requisite supportive evidence to
underpin the claim of an exceptional case, the proposal is considered to be contrary to
the provisions of SG LDP DM 1 of the adopted ‘Argyll and Bute Local Development Plan’
2015.

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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application 21/00018/PP 
(A) Has the application required an obligation under Section 75 of the Town and 
Country Planning (Scotland) Act 1997 (as amended). 
No
______________________________________________________________________ 
(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) Reasons for refusal of planning application. 
The proposal is considered to be contrary to policy LDP DM 1of 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.