Report by Head of Development and Economic Growth
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Additional documents:
Minutes:
The Area Team Leader for Mid Argyll, Kintyre and the Islands spoke to the terms of the report and to supplementary report number one. The proposal seeks to retrospectively extend a domestic garden. This application has come about due to an enforcement investigation following complaints from third parties. The property was built in 2011 with a discrepancy between the approved planning permission plans and those for the building warrant and was never resolved by the developer. As per the Planning Enforcement and Monitoring Charter, Officers sought a planning application to regularise the breach of planning control. During the processing of the application it became evident that the extension would block a right of way known as the Royal Way. The proposal was therefore contrary to the effects of policies LDP 11, SG LDP TRAN 1 and the provisions of the Land Reform (Scotland) Act 2003 and was recommended for refusal.
Decision
The Committee agreed to refuse planning permission for the following reason:
The proposed change of use to form an extension to a garden blocks an established right of way, known as the Royal Way. The proposal is therefore contrary to the effects of policies LDP 11, SG LDP TRAN 1 and the provisions of the Land Reform (Scotland) Act 2003.
(Reference: Report by Head of Development and Economic Growth dated 7 October 2021 and supplementary report number one dated 19 October 2021, submitted)
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