Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

The Chair welcomed everyone to the meeting and introductions were made.  He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Mr Jackson who would provide procedural advice if required.

He advised that his first task would be to establish if the Members of the LRB felt that they had sufficient information before them to come to a decision on the Review.  The Members of the LRB agreed that they had sufficient information and proceeded to determine the case.

Councillor Taylor referred to the further information sought and received and advised that his earlier view had not changed in light of this information.

Councillor Forrest advised that she had nothing further to add and agreed with the comments Councillor Taylor had made at the previous meeting on 16 September 2020.

Councillor Colville read out the following Motion –

Having been given clarity that the intended use of the garage is purely for domestic use and whilst it is acknowledged that the site previously accommodated a small domestic garage, it is considered that the indicative scale of the proposed garage would introduce an incongruous feature into the locality and on that basis the Appeal be refused for the reasons for refusal on page 26 of the original report before the LRB on 16 September 2020.

This Motion was formally moved by Councillor Rory Colville and seconded by Councillor Sandy Taylor. 

Decision

The Argyll and Bute Local Review Body, have considered the merits of the case de novo, unanimously agreed to refuse the Appeal and uphold the Planner’s decision to refuse the application for the following reasons:

1.    The application is not accompanied by sufficient quality and clarity of information to allow the Planning Authority to make a competent assessment of the proposed development and its impact on the site and wider streetscene within which it is proposed contrary to the provisions of Policy LDP DM 1 and SG 2 of the adopted ‘Argyll and Bute Local Development Plan’ 2015.  The supporting information submitted with this application and, subsequently, following its initial assessment is confused, contradictory and lacking in any reasonably apparent validity or cohesiveness of narrative, such that the planning authority have been unable to appropriately weigh the balance between the harm caused by the proposed development (as expressed within refusal reason 2 below) on the one hand and any potentially overriding locational/operational requirement for the development on the other.

2.    In terms of the adopted ‘Argyll and Bute Local Development Plan’, 2015, the application site is located within the Settlement Zone of Oban which is subject to the effect of Policy LDP DM 1 which establish a general presumption in favour of  developments within settlements, provided it is of a scale and form compatible with the surrounding area and does not result in inappropriate densities or the loss of valuable open areas, and is acceptable in terms of siting and compatibility with the established settlement pattern.  

Whilst the proposed site is located within an area generally deemed acceptable to accommodate appropriate scales and forms of development, and has historically accommodated a small garage structure, it is not considered that the site relates to the established settlement pattern of the surrounding area and its development with a structure would introduce an incongruous feature into the locality. 

Furthermore, the development of the site with a garage would result in the loss of an area of undeveloped green space which makes a positive contribution to the mix of development relieved by green space contributing positively to the amenity of the existing residential development and should be retained as such. 

The proposal is therefore considered to be contrary to the provisions of Policies LDP STRAT 1, LDP DM 1, LDP 3, LDP 8, LDP 9 and Supplementary Guidance SG 2 and SG LDP ENV 17 of the adopted ‘Argyll and Bute Local Development Plan’ 2015.

(Reference: Further written information, submitted)