Issue - meetings

MR AND MRS C AND J EASTAUGH: CHANGE OF USE OF VACANT LAND TO FORM RESIDENTIAL GARDEN GROUND (RETROSPECTIVE): CAIRNVIEW, BALUACHRACH, TARBERT (REF: 19/01854/PP)

Meeting: 20/10/2021 - Planning, Protective Services and Licensing Committee (Item 6)

6 MR AND MRS C AND J EASTHAUGH: CHANGE OF USE OF VACANT LAND TO FORM RESIDENTIAL GARDEN GROUND (RETROSPECTIVE): CAIRNVIEW, BALUACHRACH, TARBERT (REF: 19/01854/PP) pdf icon PDF 276 KB

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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