Macleod Construction Ltd: Erection of 8 Dwellinghouses and Formation of Vehicular Access: Land East of Knock Farmhouse, Upper Lochgair (Ref: 22/00680/Pp)
Argyll and Bute Council · 17 December 2025
Back to Planning, Protective Services and Licensing Committee — 17 December 2025 and its agenda
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 22/00680/PP Planning Hierarchy: Local Applicant: MacLeod Construction Ltd. Proposal: Erection of 8 dwellinghouses and formation of vehicular access. Site Address: Land East of Knock Farmhouse, Upper Lochgair, Argyll and Bute. DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Change of use of land to Class 9 Houses • Erection of 8 dwellinghouses • Formation of new vehicular access junction with trunk road • Formation of adoptable access road • Formation of vehicular parking • Surface drainage infrastructure (ii) Other specified operations • Connection to services (B) RECOMMENDATION: Having due regard to the Development Plan and all other material consideration, it is recommended that members approve planning permission subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: SEPA (18th April 2024) – refer to their standing advice. Scottish Water (15th May 2022) – has no objection to the scheme, noting that the site would be served by Ardrishaig Water Treatment Works and Lochgair Waste Water Treatment Works. The Applicant is informed that they must submit a pre-development enquiry to Scottish Water following the granting of any subsequent planning permission to reserve capacity.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Transport Scotland (17th May 2022, 2nd July 2024 and 3rd December 2024) – originally sought further information relating to dimensioned access junction plans. Following a series of additional documentation submissions and re-consultations, Transport Scotland confirm within their latest response (3rd December 2024), that they seek further clarification on matters relating to the pedestrian link; visibility height obstruction; a speed survey to demonstrate that a lower SSD is appropriate; and revisions to the crossing layout. (25th July 2025) – following the applicant’s submission of a traffic speed survey and revised plans, Transport Scotland have no objections to the scheme subject to the inclusion of planning conditions to ensure the access is constructed to a layout and type of construction as approved by Transport Scotland, agreement of the details for the pedestrian link and that drainage shall no connect to trunk road drainage systems. Scottish Rights of Way and Access Society (15th February 2024) – do not wish to provide any specific comments on the scheme. Argyll and Bute Council Internal Consultee responses Area Roads Officer (19th May 2022) – has no objections subject to conditions relating to access construction to adoptable standards, sufficient car parking spaces, a pedestrian footway link and restriction of a vehicular link between the new development road and the existing private road. Flood Risk Advisor (23rd May 2022, 10th May 2024 and 6th August 2024)- The Officer originally requested the submission of further information to inform their recommendation relating to a site-specific Flood Risk Assessment. Following receipt of this, the Officer confirms they have no objections to the proposal subject to the inclusion of planning conditions relating to Finished Floor Levels at a minimum height of 0.3m above surrounding ground level as a mitigation measure given the proximity to the modelled surface water flood extents; and that post-development runoff rate should be attenuated to the greenfield runoff rate before discharge from the site. Environmental Health Officer (7th June 2022) – no objections subject to conditions relating restriction on construction hours and restriction on noise levels arising from air source heat pumps to safeguard neighbouring amenity. Environmental Health: Contaminated Land Officer (26th May 2022) – has no objections subject to a planning condition to secure the implementation of a contaminated land phased site investigation and risk assessment. West of Scotland Archaeological Service (15th June 2022) – has no objections subject to the inclusion of a planning condition to secure the implementation of a programme of archaeological works in accordance with a written scheme of investigation. (D) HISTORY: 08/01340/DEP – “Erection of a terrace of four affordable dwelling houses and four (semi- detached) dwelling houses”. Application withdrawn 01.09.2011 10/01847/PP – “Erection of 5 terrace, 4 semi-detached and 1 detached dwelling-houses and formation of access (amended plan)” Application approved 28.11.2013
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 12/00898/PP – “Formation of access to service the drainage infrastructure (septic tank) (relative to application reference 10/01847/PP for housing)”. Application approved 28.11.2013 19/01872/PP Erection of 2 dwellinghouses and formation of vehicular access withdrawn 12.01.2021. (E) PUBLICITY: Regulation 20 Advert Local Application expired 10.06.2022 Neighbour Notification expired 30.05.2022 (F) REPRESENTATIONS: (i) Representations received from: At the time of writing, representations have been received from 41 respondents in relation to this planning application. A total of 35 respondents raise objection and 6 respondents provide general comments. The names and addresses of those contributing to the application are contained within Appendix B, and full copies of the representations are published 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: Comments on Policy • Contrary to LDP DM1 as it exceeds “small scale” which is defined as not exceeding 5 houses, within villages and minor settlements. • Council’s allocation appears to support the enlarged application contrary to Lochgair’s size. • No masterplan has been agreed as per previous permission requests • Will set precedence for the development of the remainder of the site with further housing. • Contrary to policies LDP STRAT 1; LDP 3;LDP 9; SG LDP Hou 1; SG LDP ENV 13 • Contrary to both local and national planning policy Officer Comments: An analysis of the proposal against the policies of the Development Plan is contained in full in Appendix A. The application put forward must be considered on the merits of the scheme and determined as such. Local Facilities • Village has no school, no shop, and limited public transportation • Previous applications have not improved the village or enhanced public realm • Village hall has been deemed unsafe and it’s a request that a financial contribution is sought towards the repair and upkeep of the hall as each house is developed. • Village offers no employment
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Officer Comment: The adopted Development Plan is the relevant statutory document arisen through public scrutiny and relevant to this site and which in its’ making considered matters of planning need / locational bias / and sustainability. It was acknowledged at the time of the Plans’ assessment/adoption that there was no school or shop within the village but the need to zone this land specifically for housing as an ‘allocation’ was identified in the full knowledge of the facts. Housing Design • Modern housing estate design contrast with traditional design of dwellings such as Knock House and Knock Steading. • Proposals do not seem to relate well to the existing properties within Lochgair • Proposed house materials do not take account of traditional stone construction of nearby properties and use of wooden panels is not a feature which is part of the Lochgair vernacular. • Development is out of character with the existing village. Officer Comment: Whilst traditional vernacular characteristics is found within the immediate two neighbouring properties, recognition has also had to be paid to the changing form and characteristics of the original Lochgair as it has extended south toward upper Lochgair which all forms part of the settlement designation as defined within the Local Development Plan and the variations in architectural vernacular, scale and materiality. Scale • There are 21 houses in upper Lochgair; this planning application is for 24 houses this is more than doubling the amount of properties overwhelming the village. • Development would cause overcrowding in a small village • Development is too large for a small village in a rural setting to absorb • Size of the development all be it in an incremental basis appears disproportionate to the established settlement of Lochgair • Density of housing is extreme. Officer Comment: This is a housing allocation which has been considered through the Local Development Plan process. The scale of the development is therefore considered to be acceptable. It should be noted that this application seeks permission for the erection of 8 dwellings. Consideration of any additional housing would be subject to separate planning permissions of which the acceptability of those schemes would be considered under those applications. Affordable Housing • Affordable housing in the outlying villages is a contraction in terms with today’s travel and other costs • Houses will become part time homes • Affordable housing shortfalls were mainly in larger towns and do not quantify demand at village level, therefore need for substantial additional housing in this sensitive location has not been established. • First phase does not include any affordable housing • Indicative affordable housing looks very small • It would seem possible that these houses would be used as holiday homes bringing no benefit whatsoever to Lochgair. Officer Comment: The requirement to establish current ‘need’ cannot be entertained during the assessment of this application for a development on a site specifically
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 ‘allocated for housing’ through the statutory Local Plan process which itself considered ‘need’ in the deliberations of its’ public assessment/scrutiny/and adoption. Accessibility and Road Matters • Pedestrian access proposes the use of a private road for the seven houses as far as knock steading. The road is poorly constructed, narrow without a footpath or lighting and unsuitable for adoption. • Concern regarding pedestrian safety when using private road. • Adopted road pavement is in poor condition • Insufficient information regarding vehicular access and the safety of the proposed junction. • Who is responsible for maintenance of the private road and who is liable should a pedestrian have an accident • New pedestrian footpath will suddenly terminate at the grass verge on the main road. • Consider a road safety audit should be prepared. • Pedestrian link and amenity space are not within the boundary of this planning application. • A fully accessible, safety pedestrian route into lochgair should be provided before the first house is occupied. • Proposed access is in a dip in the road with reduced visibility and a near a dangerous corner. Even if the current 40 speed limit was extended, cars and large lorries frequently ignore the notices. • Proposal would cause parking issues in the village • Proposal does not include a pavement to the village which would be required for public safety for residents to reach the bus stop. • All residents would have to commute by car to reach public services and amenities. Officer Comment: These matters are considered in full within the committee report. No objections have been received from the statutory consultees on road safety matters subject to the imposition of planning conditions. Regarding the pedestrian link to Upper Lochgair road, this would subject to a separate planning application for detailed planning permission. Flooding • concern regarding increased flooding due to recent felling of commercial forestry above the site. • Site is on boggy ground • Area is frequently waterlogged when it rains. Officer Comment: The application is supported by the necessary technical information on such matters. The Council’s Flooding and Drainage Advisor is content that the submitted details comply with necessary technical standards. Landscape • Proposal is in an area designated as “areas of panoramic quality” and the proposal represents over development of the site; increases in pollution and contamination through noise and lighting; safety issues due to lack of footpaths • Development would negatively impact the attractiveness of Lochgair contrary to the Area of Panoramic quality designation. • The scale and visual impact of the proposals present unacceptable high density and loss of character of the area
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Officer Comments: Landscape impacts are assessed in full in the Report of Handling in Appendix A. Whilst the site lies within a settlement within an Area of Panoramic Quality, the principle of the site (its location) and the scale of the development is already established through the other aforementioned policies/ issues considered in the same Local Development Plan. To accord with relevant policies, a planning condition is recommended to agree biodiversity enhancement and landscaping to achieve further betterment in terms of materials/ biodiversity/ design detailing. Servicing and Infrastructure • Existing sewage arrangements would be pushed to capacity by a further 26 houses • insufficient information provided to understand the impact on water supply, sewage capacity impacts; Wi-Fi infrastructure; street lighting. • Will lead to intolerable pressure on existing infrastructure of water supply, sewage, traffic and walking paths • water pressure to homes in Lochgair is not particularly good. Additional 8 houses would make this worse. Officer Comment: The application is supported by the necessary technical information on such matters. The Council’s Flooding and Drainage Advisor, SEPA and Scottish Water are content that the submitted details comply with necessary technical standards. Natural Environment Impacts • Contrary to the indication, there are trees on and adjacent to the site • Site is a haven for wildlife and provides essential habitat to support and spread of native species. • Proposal is on a greenfield site Officer Comment: The site is not covered by any specific nature designation. Policy provision allows for the development of greenfield land when it forms part of an allocated site within the Local Development Plan which is the case in this instance. There are trees surrounding the development which would not be directly impacted from the proposal. Biodiversity enhancement measures are recommended to be secured by planning condition to further enhance the biodiversity value of the site in its developed state. Residential Amenity • The development will have an adverse effect on the residential amenity of neighbours, by reason of noise and light pollution due to the additional residents, vehicular access and potential loss of privacy. • Loss of existing open views from neighbouring properties would adversely affect the amenity of neighbouring owners. • Gardens proposed are tiny with no room for a vegetable plot. Officer Comment: The right to a view is not a material planning consideration. Comments from the Environmental Health Officer confirm that subject to planning conditions relating to construction working hours, and operational noise levels of air source heat pumps, the proposal would not adversely affect neighbouring amenity. Procedural matters • Development is Schedule 3 Development as the proposed mass housing would bring crowds into a generally quiet area as will the play park in latter phases;
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 the proposes mass housing will alter the character of the area; play park will generate noise; and new street lighting will introduce light pollution; and the works include a sewage pumping station and large septic tank installation, • Given the number of objections submitted, a public hearing should be convened in order that those who have taken the time to response are offered the opportunity to state their case before the planning committee. Officer Comments: This application is for 8 dwellings and does not include provision of a playpark. The application is being considered on the details put forward and not therefore on future development which would be subject to their own scrutiny through separate planning applications. The matter of a public hearing is considered in further detail within Section (N) of this report. Planning History and Developer comments • Reference to planning history of the site • Developer has incomplete sites all around Argyll Officer Comments: The application is being considered on the details put forward. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☒Yes ☐No The document provides a general outline of the housing requirements for the area, the background to the design, potential designs of houses, amenity provision, affordable housing and general infrastructure. (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☒Yes ☐No ☒Yes ☐No (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☒Yes ☐No - Flood Report - Speed Survey Report
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 11 – Energy 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 NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 06 – Green Infrastructure Policy 08 – Sustainable Siting Policy 09 – Sustainable Design
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Policy 10 – Design – All Development Policy 14 – Bad Neighbour Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 21 – Sites of Archaeological Importance Connected Places Policy 32 – Active Travel Policy 33 – Public Transport 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 38 – Construction Standards for Public Roads Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 62 – Drainage Impact Assessments Policy 63 – Waste Related Development and Waste Management Homes for People Policy 64 – Housing Development on Allocated Sites Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 79 – Protection of Soil and Peat Resources Policy 82 – Contaminated Land Policy 83 – Safeguarding Agricultural and Croft Land Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • ABC draft Technical Note – Argyll and Bute Windows (April 2018) • TN06 Sustainability Technical Note and Checklist (Oct. 2023) • TN21 VII and LVIA Light Technical Note (Oct. 2023) • TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023) • ABC Landscape Studies • ABC Housing Needs and Demand Assessment • ABC Housing Emergency Statement • SEPA Standing Guidance for Development Management (Dec. 2022)
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☒Yes ☐No Screening Opinion attached at Appendix C. (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No A total of 41 public representations have been received in response to this planning application. 35 objections and 6 respondents raise concern. A representation has also been received from Cllr Dougie Philand whom requests a pre-determination hearing is undertaken. Consideration therefore requires to be given to the benefits of holding a pre-determination hearing. Although the application conforms with the housing allocation conferred by the local development plan, the application does raise issues relating to the intended means of access to the site and road safety, to which sufficient information has been submitted to allow a full assessment of this material planning consideration. It is the opinion of the Planning Authority that the representations received, together with the Officer assessment of the relevant planning issues contained within this report, provide all the information required to enable Members to make an informed decision based on all the material planning considerations in this case. It is therefore, not considered that the objections raise any complex or technical issues that have not been addressed in the Report of Handling, and it is not considered that a discretionary local hearing would add value to the planning process. (O)(i) Key Constraints/Designations Affected by the Development: • West Loch Fyne (Coast) Local Landscape Area • Right of Way/174 Code – 138174 Rights of Way • A83 (buffer = 67m) Trunk Roads • Mid Argyll SEPA Flood Zones (Surface Water) • SEPA Waste Water Drainage Consultation Areas • SPR Paths - 30 October 2008 SPR Paths • Aspiration Paths - 5th March 2014 (O)(ii) Soils Agricultural Land Classification: Class 5.2 Improved Grassland Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: Site H3029. Allocated for housing. Covering 1.92ha and to accommodate 26 units. (P) Summary assessment and summary of determining issues and material considerations The application is for planning permission for a residential development on a site allocated for housing within the adopted Argyll and Bute Local Development Plan (2024). The principle of residential development has therefore been established by the site’s allocation (ref.H3029). The proposed development would look to develop part of the allocated site with 8 detached, residential units according with Development Plan policies on all material planning considerations apart from road safety. On the matter of road safety, sufficient information has now been submitted with the application to demonstrate that the proposed access junction with the A83 trunk road meets Design Standards as required by the Trunk Road Authority subject to planning conditions. At the time of writing, public representations had been received by the Planning Authority from 41 respondents in relation to this planning application with 31 objecting to the scheme and the remaining respondents raising concern. Road safety is a key concern of the public representatives. The proposal accords with the policy provision of the adopted National Planning Framework 4 and Local Development Plan 2 and it is recommended that planning permission be approved subject to conditions. A full report is provided in Appendix A.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No (R) Reasons why Planning Permission Should be Approved: The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission in principle having regard to s25 of the Act. (S) Reasoned justification for a departure to the provisions of the Development Plan Not applicable. (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Laura MacDonald Date: 27.11.2025 Reviewing Officer: Peter Bain Date: 04.12.2025 Fergus Murray Head of Development & Economic Growth
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/00680/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 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 31/03/2022, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Location Plan 4724/101 01/04/2022 Site Plan 4724/102 J 18/07/2025 Longitudinal Section along A83 showing visibility heights 4724/117 D 15/07/2025 Proposed Floor Plans Plot 1 4724/103 01/04/2022 Proposed Elevations Plot 1 4724/104 01/04/2022 Proposed Floor Plans Plot 2 4724/105 01/04/2022 Proposed Elevations Plot 2 4724/106 01/04/2022 Proposed Floor Plans Plot 3 4724/107 01/04/2022 Proposed Elevations Plot 3 4724/108 01/04/2022 Proposed Floor Plans Plot 4 4724/109 01/04/2022 Proposed Elevations Plot 4 4724/110 01/04/2022 Proposed Floor Plans Plot 5 and 7 4724/111 01/04/2022 Proposed Elevations Plot 5 and 7 4724/112 01/04/2022 Proposed Floor Plans Plot 6 and 8 4724/113 01/04/2022 Proposed Elevations Plot 6 and 8 4724/114 01/04/2022 Fence/Heat pump details 4724/115 01/04/2022 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 2. PP – Affordable housing with Commuted Sum option Notwithstanding the effect of Condition 1, no development shall commence until a scheme for the provision of affordable housing (as defined below) has been submitted to and approved in writing by the Planning Authority. The scheme shall: a) Provide that a minimum of 25% of the approved dwellings are affordable homes; b) Define those properties to be used as affordable homes; c) Establish the timing of their provision relative to the phasing of the development, which shall ensure that the last 25% of the dwellings within the development are not commenced until the affordable housing phase has bene completed for occupation; d) Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers (including any discount rate applicable in terms of (ii) below); OR e) Alternatively, shall provide for an equivalent Commuted Sum Payment to the Council’s Strategic Housing Fund having regards to the report ‘Valuation of Commuted Sum Payments’ approved by Argyll and Bute Council on 27th June 2013. For the purposes of this condition ‘affordable homes’ are defined as being either: i) Social housing (rented or shared ownership or shared equity) managed by a registered social landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification); ii) Discounted low cost sale housing (subject to a burden under the Title Conditions (Scotland) Act 2003), or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification). iii) Housing for sale or rent without subsidy, which is designed to be affordable and to meet the housing needs of the majority of those households identified as in housing need in the Local Housing Strategy or Housing Market Study i.e. one or two person households on average income, with conditions attached to their missives to prevent further extension, thereby helping to ensure that they are likely to remain affordable to subsequent purchasers. The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing. Reason: To accord with the provisions of the development plan in respect of affordable housing provision. 3. PP – Landscaping No development shall commence until a finalised scheme of boundary treatment; surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; ii) Existing landscaping features and vegetation to be retained; iii) Location design and materials or proposed walls, fences and gates;
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 iv) Proposed soft and hard landscaping works including the location, species, and size of every tree/ shrub to be planted; v) A programme for the timing, method of implementation, completion and subsequent ongoing maintenance for all planting vi) A biodiversity statement demonstrating how the proposal will contribute to the conservation/ restoration/ enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such times as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. The Biodiversity Statement should refer to Developing with Nature Guidance, NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to comply with the requirements of NPF4 Policy 3. 4. PP – Footpath link No development or site clearance works shall commence, for the development hereby permitted, until detailed planning permission has been granted for the footpath link outwith the red line boundary as indicated on the approved Site Plan drawing number “4724/102 Revision J”. Reason: to ensure that facilities are provided for the pedestrians that are generated by the development and that they may access the existing footpath system without interfering with the safety and free flow of traffic on the A83 trunk road. 5. PP – Junction with Public Road Prior to the commencement of the development, the proposed access on the A83 trunk road, as generally illustrated by the approved site plan, drawing number “4724/102 Revision J”, shall be constructed to a layout and type (and method) of construction to be approved by the Planning Authority, in consultation with Transport Scotland. Reason: To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished. 6. PP – Trunk Road Drainage system There shall be no drainage connections to the trunk road drainage system. Reason: to ensure that the efficiency of the existing drainage network is not affected.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 7. PP – Internal layout access Notwithstanding the provisions of Condition 1, the proposed accesses to the new adoptable standard development road shall be formed in accordance with the Council’s Roads Standard Details; and visibility splays of 25 metres to point X by 2.4 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. A dropped kerb crossing point shall be provided at each access with the access surfaced for a distance of 5 metres from back of footway. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. Reason: In the interests of road safety. 8. PP – Construction Hours Notwithstanding the provisions of Condition 1, the construction of the development hereby permitted shall be restricted to the specified hours of 0800-1800 hours Monday to Friday, 0800 – 1300 hours Saturday and not at all on Sunday, Bank or Scottish Public Holidays unless otherwise agreed in writing by the Planning Authority. Reason: To minimise the impact of noise, generated by construction activities on occupiers of residential properties. 9. PP – Parking and Turning The provision of parking and turning for the development hereby permitted, shall accord with the requirements of Policy 40 and Table 5 of the Argyll and Bute Local Development Plan 2 2024. Reason: to ensure an adequate number of vehicle parking spaces to meet development needs. 10. PP- Finished Floor levels Notwithstanding the provisions of Condition 1, the finished ground floor levels of the dwellings, hereby permitted, shall be at least 0.3m above surrounding ground level, unless otherwise agreed in writing by the Planning Authority. Reason: in order to ensure appropriate mitigation for flood risk and to ensure an acceptable relationship between the development and its surroundings. 11. PP – Runoff Rate The post development runoff rate should be attenuated to the greenfield runoff rate before discharge from site. Any drainage at the site should be designed in accordance with CIRIA C753. Reason: in the interests of flood risk prevention.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 12. PP – Programme of Archaeological Works No development shall take place within the development site, as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeological Service. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in consultation with the West of Scotland Archaeological Service. Reason: In order to comply with the requirements of NPF4 Policy 16F. 13. PP – ASHP Noise limits The noise level from the operation of the air source heat pumps hereby approved must not exceed 42dB LAeq (5 min) at 1 metre from the window of a habitable room on the façade of any neighbouring residential property. If, in the opinion of the Local Planning Authority the proposed air source heat pumps result in any noise nuisance to the occupant of any neighbouring dwelling the Applicant shall install noise mitigation measures in agreement with the Planning Authority. Reason: To ensure that the residential amenities that occupiers can reasonably expect to enjoy are adequately protected. 14. PP – Contaminated Land Assessment No development, demolition or ground-breaking works shall commence until a scheme is submitted by the Developer (at their expense) to identify and assess potential contamination on site and approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: a) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. b) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan).
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 c) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed. 15. PP – Arrangements for Waste No development shall commence until a waste strategy detailing how much waste the proposal is expected to generate and detailing the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick up by refuse collection vehicles, have been submitted to an approved in writing by the Planning Authority. Thereafter the duly approved provision shall be implemented prior to the first occupation of the dwellings which it is intended to serve. Reason: In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with NPF4 Policy 12. 16. PP – Materials No development shall commence until full details /samples of materials to be used in the construction of the dwelling houses hereby approved have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 17. PP – Restriction of PD Rights Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3AA, 3B, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1C: The erection, construction or alteration of any porch outside any external door of a dwellinghouse. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Class 2A: The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3AA: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. PART 2: SUNDRY MINOR OPERATIONS Class 8: Formation of means of access to an unclassified road. Class 9: Stone cleaning or painting of the exterior of a building. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To protect the sensitive area and the setting of the proposed dwellinghouses, in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 18. PP – Provision of Play/ Amenity Space No development shall commence until details for the provision and maintenance of areas of communal open space and equipped play area(s) relating to the development been submitted to and approved in writing by the Planning Authority. The details shall comprise EITHER: Direct Provision of Play/Amenity Space: i) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit; ii) Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors); iii) Proposals for the timing of the implementation of the play area(s) in relation to the phasing of the development; iv) A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on- going inspection, recording and procedures for detailing with defects.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The communal open space and equipped play area(s) shall be provided in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter. OR: Indirect Provision of Play/Amenity Space: The provision of a direct financial contribution to be held and administered by the Council for the purpose of providing for the delivery of a commensurate play/amenity space to serve the development within a later phase of the development of designations H3029. The calculation of the value of the direct financial contribution will be based upon the cost of delivery and ongoing maintenance of a facility which would meet the Council’s minimum playspace requirements for the approved development as set out in the Argyll and Bute Local Development Plan 2. The development hereby approved shall not be first occupied until such time as a formal agreement between the developer and the Council for the payment and administration of the direct financial contribution for the deferred provision of playspace has been signed. Reason: In order to secure provision of communal open space and equipped play areas within the development in accordance with the minimum standards set out in the Development Plan. Note for the Applicant/Developer: It is noted that discharge of this condition by means of ‘direct provision of play/amenity space’ would require to be the subject of a further application for planning permission given that the development as approved does not include sufficient site area to accommodate the requisite play/amenity space. It is further advised that discharge of this condition by means of ‘indirect provision of play/amenity space’ shall require to be the subject of an appropriate formal agreement between the Developer and the Council under the provisions of either S75 of the Town and Country Planning (Scotland) Act 1997, or the provisions of S69 of the Local Government (Scotland) Act 1973. ADDITIONAL NOTES TO APPLICANT • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/ alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. • The Applicant is advised to contact Scottish Water completing and submitting a Pre- Development Enquiry (PDE) Form directly to Scottish Water via their Customer Portal prior to any formal Technical Application being submitted. Transport Scotland Informatives • The Applicant should be informed that the granting of planning consent does not carry with it the right to carry out works within the trunk road boundary and that permission must be granted by Transport Scotland’s Roads Directorate. Where any works are required on the trunk road, contact details are provided on
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Transport Scotland’s response to the Planning Authority which is available on the Council’s planning portal. • Trunk Road modification works shall, in all respects, comply with the Design Manual for Roads and Bridges and the specification for Highway Works published by HMSO. The developer shall issue a certificate to that effect signed by the design organisation. • Trunk Road modifications shall, in all respects, be designed and constructed to arrangements that comply with the Disability Discrimination Act; Good Practice Guide for Roads published by Transport Scotland. The developer shall provide written confirmation of this, signed by the design organisation. • The road works which are required due to the above Conditions will require a Road Safety Audit as specified by the Design Manual for Roads and Bridges. • Any trunk road works will necessitate a Minute of Agreement with the Trunk Roads Authority prior to commencement.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 22/00680/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Introduction 1.1. The proposal, the subject of this application, is seeking to secure planning permission for the erection of 8 detached dwellinghouses, the formation of vehicular access and associated servicing infrastructure. 1.2. The key planning considerations in this case are: a) Compliance with the Development Plan and other relevant planning policy; and b) Any other material considerations. 2. Settlement Strategy 2.1. The application site covers an area of approximately 0.94ha which is currently agricultural land. Policy 9 of NPF4 confirms under criterion (b) that proposals on greenfield sites will not be supported unless the site has been allocated for development, or the proposal is explicitly supported by policies in the Local Development Plan [LDP2]. This is further established by Policy 16 of NPF4 which supports the development of new homes on allocated sites within LDPs. 2.2. A key role of LDP2 is to provide an effective land supply for new development. This provision is primarily set out in the form of allocations for different specified uses. The allocations include an indication of the number of homes that may be accommodated on housing sites. It is noted that the housing provision numbers are indicative, and in appropriate circumstances may be varied at the discretion of the Planning Authority. 2.3. In terms of the Local Development Plan Settlement Strategy, the application site lies within a defined settlement and utilises part of an allocated housing site under reference: H3029 within LDP2 which has an indicative capacity of 26 units and is within the settlement of Lochgair. The allocation within LDP2 was included to provide an opportunity to meet an identified need for housing, including affordable housing. Housing allocations are specifically intended to address the housing requirements identified in the Local Housing Strategy, informed by the Housing Need and Demand Assessments supplemented by local housing studies. The allocation of this site within LDP2 therefore demonstrates a housing need for the area in accordance with LDP2 Policy 64. 2.4. Drawing the above together, residential development at the site is considered acceptable in principle, subject to the acceptability of the detailed matters set out below. 3. Location, Nature and Design of Proposed Development 3.1. Lochgair is classed as a Village/Minor Settlement which has developable land, is on a trunk road, a hotel and a village hall but no shop or primary school. The scale and nature of this single allocation for housing is considered to be commensurate to the village capacity and appropriate to provide for growth into the future. H3029 allocation contributes to the established housing land supply in this area. The allocation carries a requirement for a minimum of 25% affordable housing delivery.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 3.2. NPF4 Policy 15(a) seeks development proposals to contribute to local living including, where relevant, 20-minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to a number of facilities. 3.3. The LDP2 settlement strategy seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found and thereby making best use of these resources is a sustainable approach to development. In this instance, the site, by virtue of being allocated as a housing allocation site, would reasonably comply with NPF4 Policy 15 given the scale of the environment within which the development is to be located, and given its compliance with the existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding area where people can reasonably meet the majority of their daily needs within a reasonable distance of their home. 3.4. This application is for the development of eight newbuild dwellings with vehicular access and associated infrastructure and landscaping. The site is located on the southern outskirts of Lochgair, immediately west of the A83 and is surrounded by rough open land to the south and east with forested land and residential dwellings to the north and west. The proposal will form the new southern extent of Lochgair. It is positioned between the built-up area of the rural settlement to the north and the open countryside to the south. By virtue of its inclusion within LDP2 as a housing allocation, it has already been accepted that this is a suitable site for housing in landscape terms and subject to an acceptable layout and good landscaping (to be controlled by planning condition), the proposal would accord with Policies 01 and 04 of LDP2 and Policy 9 of NPF4. 4. Affordable Housing 4.1. Policy 16 of NPF4, and Policy 67 of the LDP2 require all new housing developments of 8 or more units to contribute a proportion of affordable housing, with a benchmark minimum contribution of 25% of the total number of units on the site. In addition, all new developments of this scale will be required to provide a range of house types and sizes to meet the local housing needs and demand identified in the HNDA for each housing market area. 4.2. In this case, the proposal looks to develop eight 3–4-bedroom dwellings as part of a wider allocation site. The proposed site plan shows an indicative future layout which includes the affordable housing requirement for the allocation. It is common practice for housing developers to build larger sites in phases to allow the initial development to release funds to construct the remainder of the site. To ensure that the 25% affordable housing is delivered, a planning condition is required which would require the Applicant to pay a commuted sum towards affordable housing should the future phase of development not be forthcoming. Subject to the inclusion of the planning condition, the proposal would accord with NPF4 Policy 16 and LDP2 Policy 67. 5. Road Network, Parking and Associated Transport Matters 5.1. The site is proposed to be accessed from a new, single priority junction to be located on the eastern site boundary adjoining the A83 trunk road. The internal access layout is formed in a ‘T’ shape from the junction, with indicative links to future site phases connecting into the internal road layout to the north and south. Pedestrian footways are proposed on both sides of the carriageway with an indicative pedestrian link annotated outwith the development site boundary linking the proposed site to the village centre by
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 the existing Upper Lochgair access road. The internal road layout is proposed to be constructed to an adoptable standard and each dwelling is served with its own offroad parking provision. The number of parking spaces proposed accords with the Local Development Plan’s Parking Standards. 5.2. NPF4 Policy 13 seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The development is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. Significant public representation has been received raising concerns regarding road safety arising from the development. 5.3. The Council’s Area Roads Officer provides commentary on the internal road layout of the site and has no objections to the scheme subject to the inclusion of a number of planning conditions relating to the proposal meeting Design Standards in relation to each dwelling connection access point onto the adoptable road layout; car parking numbers to serve each dwelling; no vehicular connection to the UC66 Upper Lochgair Road and the provision of a pedestrian footway link between the development and the UC66 Upper Lochgair road. Planning conditions are therefore required in accordance with this recommendation. It is noted that the pedestrian footway link lies on land outwith the development boundary of this planning application, but within land which the Applicant has control of. On this basis a planning condition requiring the prior granting of planning permission for a separate application covering the pedestrian link before any works commence on this development, should be attached to any subsequent decision notice. This is to ensure delivery of this link which provides key connectivity of the site to the village centre and public transport provision. 5.4. Transport Scotland have provided commentary on the acceptability of the site’s access junction with the A83 due to it being a connection to the trunk road. During the progression of the application, Transport Scotland have sought several amendments and further information requests with the Applicant due to the lack of information to allow them to fully assess the proposal’s compliance with the Design Standards for priority junctions as set out in the Design Manual for Roads and Bridges. The Applicant has subsequently provided revised and additional information including a Speed Survey to meet Transport Scotland’s information requirements providing clarification on: a) The purpose of the proposed rural hardstanding areas and A83 crossing at the junction; b) The submission of a speed survey to demonstrate that a lower Stopping Sight Distance (SSD) is appropriate; c) If any consideration has been given to locating the proposed access within the 40mph speed limit at the location of the existing gated access; d) Submission of a Departures from Standards application to Transport Scotland due to the proposed 0.26m object height of visibility not being achievable to the south of the proposed access; and e) that the proposed ‘temporary pedestrian access’ link is of an appropriate standard to ensure its use should future phases not come forward as there are no pedestrian footway facilities on the A83. 5.5. It is also confirmed that Transport Scotland would not welcome the extension of the 40mph limit to a location beyond the development site. 5.6. Transport Scotland confirm they remove their holding objection subject to the inclusion of planning conditions for the prior agreement of the access construction method and type, provision of the pedestrian access link prior to occupation and that no drainage
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 connections to the trunk road drainage system shall occur. Transport Scotland also confirm that development of this first phase would not preclude the delivery of the wider housing allocation site and the design of the proposed junction is appropriate for the level of housing of the allocation. 5.7. Sufficient information has now been submitted in support of the application which demonstrates to the satisfaction of the key statutory consultees, Transport Scotland and the Council’s Area Roads Officer that the proposal would not adversely impact road safety. On this basis, the proposal accords with NPF4 Policy 13 and LDP2 Policies 01, 35 and 38. 6. Built Environment 6.1. Policy 14 of NPF4, promotes well designed developments that make successful places by taking a design-led approach and applying the Place Principle. Proposals should be consistent with the six qualities of successful places: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policies 5 and 10 of LDP2 relate to design and place making and development setting, layout and design. 6.2. Policy 16(c) of NPF4 requires housing mixes of schemes to improve affordability and choice by being adaptable to changing and diverse needs. The development provides an initial housing mix of 3-4-bedroom, detached units. 6.3. The design considers the relationship between the buildings to each other and to the street, and all streets are overlooked to create pleasant pedestrian environments and active street frontages. Car parking is contained on-plot to promote a pedestrian friendly environment throughout the development. 6.4. In respect of the character and density of surrounding development, the wider area predominantly takes a linear form to roads with a higher density of units erected within Upper Lochgair, formed of a mix of housing types and heights. 6.5. The housing development takes form centrally within the site with a vegetated buffer to be provided along the eastern site boundary, and indicative future development layouts being shown to the north and south of the proposal. The architecture of the site takes form from modern vernacular comprising simple forms of 1 ½ storey structures with a limited material palette of rendered elevations, grey UPVC fenestration and tiled roofs. The scale and massing reflect that found within the wider settlement area. All units are proposed with traditional features of dual pitched roofs. The design, scale and massing of the housing is appropriate for its setting. The layout of the housing provides a central street network with adequate permeability being provided through the inclusion of a pedestrian link to Upper Lochgair Road which would be subject to a separate planning application and conditioned through this decision. All residential units would have private amenity space, and the plot ratios are considered to be acceptable. 6.6. The development has been designed and will be constructed to make provision for the access of people with disabilities including the design of dwellings to enable the internal layout to be readily adaptable for use by disabled persons. 6.7. NPF4 Policy 11(a) states that development proposals for all forms of renewable, low- carbon and zero emissions technologies will be supported. The proposed development, through the provision of air source heat pumps to serve each dwellinghouse, would contribute to the expansion of low-carbon and zero emission technologies.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 6.8. Policy 68 of LDP2 require residential developments at the scale of the proposed allocation to provide associated housing green space of both a casual and formal nature. This comprises a minimum of 12sqm of communal casual open space per dwelling, and 6sqm of children’s play space, including provision for under 5 year olds. This policy also requires the developer to maintain and provide public liability insurance for the play space. This application is for the first phase of development for the allocation. The scheme as put forward looks to construct 8 dwellings with the remaining dwellings and the associated housing greenspace brought forward within the later development phases. To accord with policy requirements and ensure the delivery of the open space and play space for the allocated site as a whole, a planning condition is required to agree either the direct provision of this through a separate planning application or the indirect provision through an appropriate formal agreement and commuted sum. Subject to this condition, the proposal accords with LDP2 Policy 6 and 68 and NPF4 Policy 20 which support the provision of enhanced blue and green infrastructure and requires the provision of well- designed play, recreation and relaxation areas. 6.9. The overall development is considered to present an attractive and appropriate residential design for this site which will accord with policy objectives of the LDP and NPF4. The proposals are therefore considered to accord with the requirements of policies 5, 8, 9, and 10 LDP2 and Policies 14, 16 and 17 of NPF4. 7. Natural Environment 7.1. Policy 1 of NPF4 requires that significant weight is given to the global climate and nature crisis when consideration is given to new development. Policy 3 seeks to ensure that development will conserve, restore and enhance biodiversity. Policy 4 seeks to protect, restore and enhance natural assets including protected areas. 7.2. The development proposed by the current planning application is considered appropriate in terms of its type, location and scale such that it will have no unacceptable impact on the natural environment. The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a site designated as a local nature conservation site or within an area identified as wild land. Whilst the site is located within the West Loch Fyne (Coast) Local Landscape Area, the application proposes a small scale residential development, within an area identified for housing development in LDP2, where it will be viewed in the context of the existing built environment of Lochgair, therefore it is the considered opinion of the Planning Authority that the proposal will not result in any significant adverse effects on the integrity of the area or the qualities for which it has been identified. 7.3. With regards to the need in NPF4 Policy 3 to secure biodiversity improvements, it is not considered that there are any issues of compliance with Policy 3. Whilst the Supporting Statement details that habitat improvements have been incorporated into the site design including the provision of native species planting within the SUDS features, it is considered appropriate to impose a condition on the grant of any permission to secure the finer detail of these proposals as part of the wider landscaping and boundary treatment measures for the site. With a condition to secure the finer details of the biodiversity enhancement, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73. 8. Impact on Soils and Contaminated Land Considerations
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 8.1. The site comprises a field of improved grassland which is categorised as Class 5 (No peatland habitat recorded). The development of this site would therefore not adversely impact prime agricultural land in accordance with LPD2 Policy 83, nor high quality peatland habitat. In accordance with NPF4 Policy 5 and LDP2 Policy 79, a planning condition would be required to secure a soil management plan during the construction phase of the development. 8.2. In accordance with LDP2 Policy 82, the Council’s Contaminated Land Officer requires the inclusion of a planning condition for the agreement and implementation of a contaminated land site investigation assessment due to the proposal being the redevelopment of land where there is an indication of a previous use which may have been contaminative. 9. Historic Environment 9.1. Policy 7 of NPF4 requires developments to demonstrate how they have mitigated against potential impacts on the historic environment. Policy 15 of LDP2 further iterates that development proposals will not be acceptable where they fail to protect, preserve, conserve or enhance the established character of the historic built environment. Policy 21 of LDP2 seeks to ensure the same protection occurs with archaeological heritage. 9.2. There are no designated heritage assets within the Proposed Development Area or within the immediate wider area to which the proposal would affect the setting of. With regards to non-designated heritage assets, it is understood that the application site lies in a landscape populated with recorded archaeological sites of prehistoric, medieval and later date. The large area of ground that will be disturbed by this development stands a good chance of unearthing visible or buried unrecorded remains which could be of any period and as such the West of Scotland Archaeological Service recommend the inclusion of a programme of archaeological works as a planning condition on any subsequent decision. 9.3. Having due regard to the above and subject to the condition recommended by the West of Scotland Archaeology Service, it is concluded that the proposal would not have any adverse impacts on the historic environment, including listed buildings and their settings, and is therefore consistent with the provisions of Policy 7 of NPF4 and Policies 15 and 21 of LDP2. 10. Infrastructure and Waste Management 10.1. Policy 2 of NPF4 requires that development is sited and designed to adapt to current and future risks from climate change. The site is not at risk of fluvial flooding. The indicative limits of surface water flooding shown upon the SEPA Flood Map overlies with part of the north and middle sections of the site. These areas are where two small watercourses cross through the site. The indicative limits, however, are not overlain with the locations of the proposed newbuilds but do come near Plot 1. The submitted Flood Risk Assessment confirms that all the proposed dwellings are outside of the modelled flood extent from the small watercourse and the dwellings are outwith the surface water flood extent from the drains to the south. The Flood Risk Advisors recommend that Finished Floor Levels are at leas 0.3m above surrounding ground level as a mitigation measures, given the proximity to the modelled surface water flood extents. The Advisor also recommends a planning condition to ensure the post development runoff rate arising from the swale is attenuated to the greenfield runoff rate before discharge from the site. Subject to the inclusion of the planning conditions the proposal accords with NPF4 Policy 22 and LDP2 Policy 55.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 10.2. The proposal will be connected to the mains water supply and mains foul drainage infrastructure within the area subject to formal capacity reviews post planning consent with Scottish Water. The infrastructure connections are therefore considered acceptable. 10.3. NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission for 8 dwellinghouses. Whilst this is a development likely to generate waste when operational, it will be served by regular waste uplifts by the Council and will be expected to comply with the Council’s adopted and enforced recycling and reuse strategy. The application shows an area within the grounds of each dwellinghouse for the storage of refuse bins. A planning condition is required to agree uplift locations by the Council’s Refuse Collection Vehicle within the site. Subject to the inclusion of this condition, the proposal would accord with NPF4 Policy 12 and LDP2 Policy 63. 11. Impact on Amenity 11.1. Policy 14 of NPF4 does not support developments that would be detrimental to the amenity of the surrounding area. Policy 8 of LDP2 requires inter alia that developments should be site to avoid overshadowing or overlooking. 11.2. The Council’s Environmental Health Officer highlights the potential noise impacts that could arise through the construction of the development. Construction inevitably results in disturbance, vibration, noise, and dust which can adversely impact upon the amenity of nearby residents. It is therefore recommended that construction hours are restricted by planning condition to protect the amenity of the area in terms of a noise nuisance. A planning condition is also required to restrict the operating noise level of the proposed air source heat pumps to be installed. 11.3. The proposal is sited with good distances from neighbouring residential dwellings and therefore the proposal does not give rise to any impacts on neighbouring amenity by way of overlooking, overshadowing, loss of light or privacy. The proposed use is accepted as being compatible with the surrounding land uses by way of its inclusion as an allocation within the LDP2. The internal housing arrangement of the scheme has been designed to ensure that the amenity of the new occupants will not be adversely affected. 11.4. On this basis, the proposal is considered to comply with Policy 14 of NPF4 and Policy 8 of LDP2.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 COMMITTEE REPORT APPENDIX B – RELATIVE TO APPLICATION NUMBER: 22/00680/PP LIST OF CONTRIBUTORS Contributor Name Contributor Address Date response received 1 Miss Kirsty Morrison Ard Na Dail Upper Lochgair Lochgair Lochgilphead Argyll And Bute 23.05.2022 2 Mr Michael Reid Westhome Gallanach Lochgair Lochgilphead Argyll And Bute 29.05.2022 3 Bill Connor No Address Provided 31.05.2022 4 Michael Cuthbert Knock Steading Upper Lochgair Lochgair Lochgilphead 26.05.2022 5 Marion Quinn An Airigh Upper Lochgair Lochgair Lochgilphead 27.05.2022 6 Allan Redpath Knock Farmhouse Upper Lochgair Lochgair Lochgilphead 26.05.2022 7 Mr Gordon Merrilees Ionad Socair Upper Lochgair Lochgair Lochgilphead 26.05.2022 8 Beverly Cuthbert Knock Steading Upper Lochgair Lochgair Lochgilphead 27.05.2022 9 Margaret Gray Bruachan Lochgair Lochgilphead Argyll And Bute 27.05.2022 10 David Dunlop Birkhill Lochgair PA31 8SD 27.05.2022 11 Mrs Anna Watkiss Orran Upper Lochgair Lochgair Lochgilphead Argyll And Bute 31.05.2022 12 H Rogan Lochgair 26.05.2022 13 Will Rudd Melford Cottage Lochgair 26.05.2022 14 Margaret Rudd Melford Cottage Lochgair 26.05.2022 15 Dee Carrick 4 Upper Lochgair Lochgair Argyll And Bute 26.05.2022 16 Yvonne Oldfieldnt 1 Gallanach Lochgair Lochgilphead Argyll 26.05.2022 17 Mr Douglas Murray Redhouses Lochgair Lochgilphead Argyll And Bute 26.05.2022 18 Wanda Dunlop Birkhill Lochgair PA31 8SD 27.05.2022 19 Greg Neeson An-Airigh Lochgair 27.05.2022 20 Alison Wilkinson No Address Provided. 27.05.2022 21 David Wilkinson Cowal View Lochgair PA31 8SB 27.05.2022 22 Mrs Susan Grocock Bruadair Inverliever Ford Lochgilphead Argyll And Bute 29.05.2022 23 Ms Isabel Brodie 10 Gryffe Castle Kilmacolm Road Bridge of Weir PA11 3PU 30.05.2022 24 P Gush 1, Gallanach, Lochgair, Lochgilphead, Argyll 30.05.2022 25 Janice Williams Marden Lochgair PA31 8SD 30.05.2022 26 Carol Braidwood 2 Upper Lochgair Lochgair PA31 8SB 30.05.2022 27 Ken Hayes No Address Provided 30.05.2022
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 28 Mrs Victoria Fraser Asknish House Lochgair Lochgilphead Argyll And Bute 30.05.2022 29 Sandra Richardson The Sheiling Lochgair Lochgilphead Argyll And Bute 31.05.2022 30 Mr Brian Johnstone Fascadale Lochgair Lochgilphead Argyll And Bute 18.05.2022 31 Marion Lacey Westcroft Lochgair Lochgilphead Argyll And Bute 25.05.2022 32 Robert Lacey Westcroft Lochgair Lochgilphead Argyll And Bute 25.05.2022 33 Mr Fred Bruce Waterford Lochgair Lochgilphead Argyll And Bute 30.05.2022 34 Karen Connor No Address Provided 30.05.2022 35 Barbara Service No Address Provided 30.05.2022 36 Alex Carrick 4 Upper Lochgair Lochgair Argyll And Bute 27.05.2022 37 Jean C Smith 6 Gallanach Lochgair PA31 8SD 27.05.2022 38 Cllr Dougie Philand Argyll First 32 Fernoch Crescent Lochgilphead Argyll 28.06.2022 39 Barabel Mckay 1 Ardcastle View Lochgair PA31 8UJ 30.05.2022 40 Tom Mckay 1 Ardcastle View Lochgair PA31 8UJ 30.05.2022 41 Michael Cuthbert Knock Steading, Lochgair PA31 8SB 30.05.2022
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 APPENDIX C: EIA SCREENING REPORT TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND) REGULATIONS 2017 SCREENING OPINION OF ARGYLL AND BUTE COUNCIL 22/00680/PP | ERECTION OF 8 DWELLINGHOUSES AND FORMATION OF VEHICULAR ACCESS | LAND EAST OF KNOCK FARMHOUSE, UPPER LOCHGAIR, ARGYLL AND BUTE Under the provisions of Regulation 11 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, Argyll and Bute Council as Planning Authority must adopt a screening opinion where an application before them is a Schedule 2 application of the Regulations. Development falling within Schedule 1 of the Regulations will always be EIA development for which an EIAR is required to accompany an application for development consent. The development proposed in this case is Schedule 2 development by virtue of being identified in Schedule 2, 10(b) which has a 0.5ha site area threshold and relates to “urban development projects, including the construction of shopping centres and car parks, sport stadiums, leisure centres and multiplex cinemas”. Development falling within Schedule 2 (as in this case) may be EIA development if the development proposed is assessed to be ‘likely to have significant effects on the environment by virtue of factors such as its nature, size or location’. In making such a decision, regard shall be had to the ‘selection criteria’ set out in Schedule 3, namely the characteristics of the development, the location of the development and the characteristics of the potential impact. 1. Characteristics of development The characteristics of development must be considered having regard, in particular, to— a) the size and design of the development; b) cumulation with other existing development and/or approved development; c) the use of natural resources, in particular land, soil, water and biodiversity; d) the production of waste; e) pollution and nuisances; f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge; g) the risks to human health (for example due to water contamination or air pollution). In respect of the above it is considered that the following evaluation is appropriate: The proposal will have potential environmental consequences in terms of building activity and potential noise disturbance to the local community during the construction phase of the development. However, these are normally associated consequences of new residential development, and if properly managed in respect of appropriate controls on working hours, noise limits and traffic management through the use of planning conditions, such matters should not give rise to significant environmental consequences which would require the production of an EIA. In respect of waste, a waste management plan and conditions in respect of the management of waste during and post construction is considered to be an appropriate approach and no waste products which would require specific treatment and known to exist on the site.
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The site is accessible by a range of transport modes. There are public bus links within Lochgair. Any pedestrian connectivity to the village can be considered as part of the planning application. No complex or significant issues in respect of 1(a-g) which suggest an EIA is required. No significant environmental issues are therefore considered to arise as a result of this proposal which are not considered to be capable of being addressed in sufficient detail within the context of a detailed planning application. 2. Location of development The environmental sensitivity of geographical areas likely to be affected by development must be considered having regard, in particular, to— a) the existing and approved land use; b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground; c) the absorption capacity of the natural environment, paying particular attention to the following areas— a. wetlands, riparian areas, river mouths; b. coastal zones and the marine environment; c. mountain and forest areas; d. nature reserves and parks; e. European sites and other areas classified or protected under national legislation; f. areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure; g. densely populated areas; h. landscapes and sites of historical, cultural or archaeological significance. In respect of the above it is considered that the following evaluation is appropriate: The development, in terms of scale and location, accords with the adopted Local Development Plan 2 (2024) land use allocation policy 01 and the site is located within an identified settlement area. The site forms part of housing allocation site H3029 and is within the suggested housing units figure. The site is not located within a designated site, nor would it impact on any landscape or sites of historical, cultural or architectural significance. The site relates to agricultural land which does not form prime agricultural land and does not include high quality peatland habitat. The site itself is an agricultural site that currently is utilised for grazing and has little complex biodiversity or ecological value. The application includes a considered landscaping scheme to encourage biodiversity enhancement of the site. The imposition of planning conditions can ensure that the biodiversity enhancement is suitable for the site. There are no identified sensitive designated areas likely to be adversely impacted by the proposal. Any impacts associated with its construction and operation are considered to be capable of evaluation/resolution through the normal planning process. It is not considered that the proposal will have any likely significant effects on landscapes or sites of historical, cultural or archaeological significance as none are identified either on or
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LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 adjacent to the site and the proper design and landscaping of the proposal will ensure that an acceptable landscape “fit” is achieved through the normal process of a planning application. No complex or significant environmental issues in respect of 2 (a), (b) and (c) (i-viii) are considered to arise as a result of this proposal. All identified and relevant matters are considered to be capable of being addressed in sufficient detail the context of a detailed planning application. 3. Characteristics of the potential impact The likely significant effects of the development on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the development on the factors specified in regulation 4(3), taking into account— a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected); b) the nature of the impact; c) the transboundary nature of the impact; d) the intensity and complexity of the impact; e) the probability of the impact; f) the expected onset, duration, frequency and reversibility of the impact; g) the cumulation of the impact with the impact of other existing and/or approved development; h) the possibility of effectively reducing the impact. The potential impacts of the proposal on the site and surrounding area have to be assessed by Officers in terms of the extent, trans-boundary nature, magnitude and complexity, probability and duration, frequency and reversibility. The impact of the development is likely to be localised and would not have a wider environmental impact beyond the site. There is little potential for a trans-boundary impact or impacts with magnitude and complexity. There are no impacts to be considered in terms of probability and duration, frequency and reversibility. Overall, it is not considered that the characteristics of the potential impact are likely to have a likely significant long-term effect upon the local or wider environment. There will undoubtedly be impact on existing residents associated with noise and disturbance connected construction of the proposed houses. However, through the requirement of appropriate controls in respect of hours of working it is considered that such impacts as arise can be appropriately managed and controlled through the planning application process. No complex or significant EIA issues in respect of 3(a-h) are considered to arise as a result of this which are not considered to be capable of being addressed in sufficient detail within the context of a detailed planning application outside of the EIA assessment process. Conclusion Accordingly, for the reasons set out above, and under the powers conferred by Regulation 6 of the Environmental Impact (Scotland) Regulations 2017, Argyll and Bute Council confirms that the development, although falling within Schedule 2 Part 10(b) is not of a type or nature to require the submission of an Environmental Impact Assessment. Laura MacDonald Planning Officer On behalf of Argyll and Bute Council 13/01/2025