Mr and Mrs a Kain: Alterations to Dwellinghouse, Erection of Extensions and Installation of Dormer Window: Fairways Lodge, Erray Road, Tobermory, Isle of Mull (Ref: 23/01938/Pp)
Argyll and Bute Council · 21 May 2025
Back to Planning, Protective Services and Licensing Committee — 21 May 2025 and its agenda
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Classification: OFFICIAL 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: 23/01938/PP Planning Hierarchy: Local Development Applicant: Mr And Mrs A Kain Proposal: Alterations to dwellinghouse, erection of extensions and installation of dormer window Site Address: Fairways Lodge, Erray Road, Tobermory, Isle of Mull, PA75 6PS DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of extensions • Installation of dormer window (ii) Other specified operations • Internal alterations to reduce number of bed and breakfast rooms (B) RECOMMENDATION: It is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Argyll and Bute Council – Area Roads Authority Report dated 21.11.2023 advising of no objections to the application. The above represents a summary of the issues raised. Full details of the consultation responses are available to view via the Public Access section of the Council’s website. (D) HISTORY: 23/00405/PP
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Classification: OFFICIAL Alterations to dwellinghouse, erection of extensions and installation of dormer window Withdrawn on 11.10.2023 13/00035/PP Erection of extension to dwellinghouse Granted on 05.03.2013 (E) PUBLICITY: The proposal has been advertised in terms of Regulation 20 and Neighbour Notification procedures, overall closing date 14.12.2023. (F) REPRESENTATIONS: (i) Representations received from: No representations received. Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: • N/A (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 (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☐Yes ☒No ☐Yes ☒No The application was submitted prior to the adoption of LDP2 and given that the proposal represents small scale extensions to an existing dwellinghouse, it is not
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Classification: OFFICIAL considered that there is a requirement for the Sustainability Checklists which would not add anything to the planning process. (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☐Yes ☒No (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 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 16 – Quality Homes Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places
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Classification: OFFICIAL Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Connected Places Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity (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. • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • ABC draft Technical Note – Argyll and Bute Windows (April 2018) (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No (O)(i) Key Constraints/Designations Affected by the Development: • N/A (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A
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Classification: OFFICIAL 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? ☐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: N/A (P) Summary assessment and summary of determining issues and material considerations Planning permission is sought for the erection of ground floor extensions, the installation of a dormer window, alterations to fenestration, and internal alterations at the site of Fairways Lodge, Erray Road, Tobermory, Isle of Mull. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as being within the defined Settlement Area of Tobermory on the proposals maps where LDP2 Policy 01 states that development will normally be acceptable subject to a number of criteria. There would be no alterations to the existing access which serves the site and no alterations to the existing servicing and infrastructure provision. The property is currently used to provide Bed and Breakfast accommodation at a level incidental to the lawful use of the dwellinghouse. The plans submitted with the application indicate that as a result of the proposed extensions and associated internal alterations, the dwelling would have four bedrooms. The agent has confirmed that two bedrooms would be used for incidental Bed and Breakfast accommodation which does not, in itself, require planning permission. There is no proposed change of use of the dwellinghouse.
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Classification: OFFICIAL The main considerations relate to whether or not the proposed extensions and alterations are of an appropriate scale, design and finish which would respect the character and appearance of the surrounding townscape in terms of scale, massing, design and finishing materials and whether the proposal is consistent with the provisions of adopted National and Local Planning Policy. This would ordinarily be a simple decision delegated to the Head of Planning and Economic Growth (and administered by the Area Team Leader for the Oban, Lorn and The Isles planning team) but requires the consideration of Members in this case as the applicant is an elected Councillor. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: The proposal is considered to be consistent with the relevant provisions of the Development Plan and National Planning Framework 4 and there are no other material considerations of sufficient significance, including issues raised by third parties, to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Emma Shaw Date: 29.04.2025 Reviewing Officer: Tim Williams Date: 30.04.2025 Fergus Murray Head of Development & Economic Growth
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Classification: OFFICIAL CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/01938/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 03.10.2023, 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 Existing Plans and Elevations 200 04.10.2023 Site & Location Plan 100 04.10.2023 Proposed Plans & Elevations 201 A 27.03.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Submission of Details of Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the external walls and roof coverings 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. 3. General Restriction of Use The land and premises to which this permission relates shall only be used as a single dwellinghouse with a maximum of two bedrooms being let to provide incedental bed and breakfast accommodation at any one time and for no other use including any other purpose in Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and the General Permitted Development Order 1992 (as amended). Reason: For the purpose of clarity and to enable the Planning Authority to control any subsequent change of use which might otherwise benefit from deemed permission in order to protect the amenity of the locale.
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Classification: OFFICIAL COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 23/01938/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 ground floor extensions, the installation of a dormer window, alterations to fenestration, and internal alterations. 2. Settlement Strategy 2.1. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as being within the defined Settlement Area of Tobermory on the proposals maps where LDP2 Policy 01 states that development will normally be acceptable subject to compliance with a number of criteria. The main criteria within Policy 01 which are applicable to the proposal the subject of the current application are: • It is compatible with surrounding uses including but not exclusively; providing access, service areas, infrastructure for existing, proposed or potential future development; and • It is of an appropriate scale and fit for the size of settlement in which it is proposed; and • Respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and access arrangements; and • It complies with all relevant Local Development Plan 2 policies. In order to address the determining issues, the key considerations in this application are: 2.1.1. Compliance with the Development Plan and other relevant planning policy 2.1.2. Any other material considerations. 3. Proposal 3.1. The proposal is seeking to secure planning permission for the erection of ground floor extensions, the installation of a dormer window, alterations to fenestration, and internal alterations. Fairways Lodge is predominantly a single storey property with an ‘L’ shaped footprint occupying a spacious plot towards the northeast edge of the settlement of Tobermory. The site is adjacent to a golf course and there are a small number of large residential properties set within spacious plots to the south and east of the application site. Planning permission was granted in 2013 for extensions to the dwellinghouse, however it is apparent that this permission was not implemented. This application is seeking consent for alterations and extensions to the dwellinghouse in the form of ground floor extensions, the installation of a dormer window upon the southwest elevation, and alterations to fenestration.
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Classification: OFFICIAL The property is currently used to provide an incidental level of B&B accommodation. The plans submitted with the application indicate that as a result of the proposed extensions and associated internal alterations, the dwelling would have four bedrooms. The agent has confirmed that two bedrooms would be used for B&B accommodation. The property would therefore fall within Use Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended), where the property is a bed and breakfast establishment where at any one time not more than two bedrooms are used for that purpose. The proposed single storey extension upon the southeast elevation would provide additional living accommodation at the ground floor level. The extension would protrude from the southeast elevation and would occupy a footprint of approximately 11 square metres. The extension would have a shallow dual-pitched roof, perpendicular to the ridgeline of the main dwelling, set at a height of 4.3 metres. The proposed facing and roofing materials would comprise natural timber cladding and black corrugated steel sheeting and there would be glazing within the gable end and side elevations. This application also proposes a small infill extension at the ground floor level in the southern corner of the property. The proposed dormer would be sited upon the southwest roof slope of the existing dwellinghouse, and would replace two small existing pitched-roof dormer windows. The proposed single dormer would have a flat roof and would feature three windows, serving habitable accommodation within the roof space. The facing and roofing materials would comprise natural timber cladding and zinc cladding; an appropriate condition is required to ensure that the exact facing materials are appropriate to the host dwelling and its surroundings. The existing conservatory upon the southeast elevation would be altered to provide a flat roof, which would facilitate a balcony for the habitable accommodation within the roofspace. Above the conservatory, the existing windows within the roof space upon the southeast elevation would be amended to doors, providing access to the balcony, which would be contained by a glass balustrade. This application also proposes the addition of two rooflights within the northwest elevation roof slope. The siting, design and finishing materials of the proposed development are assessed against the relevant Development Plan Policies below. 4. Compliance with National and Local Development Plan 2 Policy Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024 which, together with NPF4 which was adopted on 13 February 2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. 4.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or
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Classification: OFFICIAL against a proposal on the basis of its positive or negative contribution to climate and nature crises. 4.2. NPF4 Policy 2 – Climate, Mitigation and Adaption NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. 4.3. NPF4 Policy 3 – Biodiversity In the case of the development proposed by this application, it is considered that there are no issues of compliance with Policy 3. No material biodiversity impacts have been identified in the assessment of this application by the Planning Authority. NPF4 Policy 3(c) states that applications for individual householder development are excluded from the requirement to include appropriate measures to conserve, restore and enhance biodiversity. The proposed development is therefore considered to be in compliance with NPF4 Policy 3 as underpinned by Local Development Plan Policy LDP 3 and SG LDP ENV 1. 4.4. NPF4 Policy 4 – Natural Places NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The development proposed by the current planning application is considered appropriate in terms of its type, design and scale such that it would 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 local landscape area or a site designated as a local nature conservation site or within an area identified as wild land. The proposed development is considered to be consistent with NPF4 Policy 4 and does not conflict with any policies set out in LDP2. 4.5. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Part (a) of Policy 9 states that development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether
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Classification: OFFICIAL permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. The development proposed by this application is considered to be on a brownfield site by virtue of the fact that it is located within the established curtilage of the property. It is considered that the proposal will result in the sustainable reuse of brownfield land and is therefore supported by Policy 9(a) and Policy 01 of LDP2 which defines the site as being within the Settlement Area of Tobermory and the current proposal would raise no issue of conflict should permission be granted. 4.6. NPF4 Policy 13 – Sustainable Transport NPF4 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 the subject of this planning application seeks permission for alterations and extensions to the property of ‘Fairways Lodge’. There would be no alteration to the access or parking arrangements at the site, which comprise an existing private track situated off the UC06 Erray Road and an existing parking and turning area for five vehicles. This small scale development is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. The Area Roads Authority have been consulted on the application and have raised no objections to the proposed development. The proposed development is consistent with the aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 35, 37, 39 and 40 which collectively seek to ensure that proposed developments are served by a suitable and safe access regime and provide appropriate parking provision commensurate with the scale of the development proposed. 4.7. NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. NPF4 Policy 14(a) details that development proposals should be designed to improve the quality of an area whether in urban or rural locations, regardless of scale with Part (b) affording support to developments where they are consistent with the six qualities of successful places: Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. The proposed ground floor extensions and the alterations to the dwellinghouse would be modest in scale and would respect the character and design of the existing dwelling. The proposed use of natural timber cladding as the external finishing material would contrast appropriately with the white render facing material of the existing dwelling, providing the extension with a subservient appearance. The proposed dormer would respect the style, scale and form of the existing roof and dwelling design. The proposed dormer would be set significantly below the ridgeline of the dwelling and would not appear as an overly dominant feature within the roof plane. The windows within the dormer would relate to the shape, position, design and size of the existing windows within the dwellinghouse. The development would be well contained within the application site and would have no adverse impact upon the character or appearance of the wider setting.
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Classification: OFFICIAL Due to the siting of the dwelling in relation to neighbouring properties, the proposed development would not lead to any adverse impacts resulting from overlooking. As a result of the appropriate design of the proposed works and as the dwelling occupies a spacious plot, there would be no adverse impacts resulting from visual intrusion or shading. Neighbour amenity would therefore be suitably retained. The development the subject of this planning application is considered to be in accordance with the broad aims of NPF4 Policy 14 and does not conflict with the sustainable siting and design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: all policies which, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site, and ensure that no adverse visual or amenity impacts arise. 4.8. NPF4 Policy 16 – Quality Homes NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(g) gives support to householder developments where they do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials, and where they do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. As detailed above, the proposed extensions and alterations are considered to represent an acceptable addition to the dwellinghouse which would not detract from the overall appearance of the dwellinghouse or its setting within the site or the wider landscape and, due to the siting of the dwelling in relation to neighbouring properties, would not give rise to any adverse neighbour amenity issues with regard to overlooking, shading or visual intrusion. The proposal is considered to accord with the broad aims of NPF4 Policy 16(g) and does not conflict with the guidance set out in the sustainable siting and design principles set out in LDP2 Policies 04, 05, 08, 09 and 10. 5. Public Representation 5.1. No representations have been received to the application. 6. Conclusion 6.1. The key considerations in the assessment of this application are whether or not the proposed alterations and extensions are of an appropriate scale, design and finish which respects the character and appearance of the surrounding townscape in terms of scale, massing, design and finishing materials and whether it is consistent with the provisions of adopted National and Local Planning Policy. No objections have been received from consultees with regards to the access required to serve the proposed development.
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Classification: OFFICIAL The proposed development has been assessed against the provisions of both the adopted National and Local Policy set out above and is deemed to be in compliance with their requirements. Accordingly the application is recommended for approval subject to conditions.