Report by Head of Development and Economic Growth
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.
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)