Argyll and Bute Council
Development Services
Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2008 relative to applications for Planning Permission or Planning
Permission in Principle
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Reference No : 09/01451/AMSC
Planning Hierarchy : Major
Applicant : West Highland Housing Association, Crannog Lane, Oban.
Proposal : Approval of Matters Specified in Conditions 1 - 12 relative to outline permission reference 05/00069/OUT for the erection of 32 dwellinghouses and 8 flats.
Site Address : Former NHS site, Ganavan Road, Oban.
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DECISION ROUTE
(i) Local Government Scotland Act 1973
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(A) THE APPLICATION
(i) Conditions Requiring Approval of Matters Specified
• Conditions 1, 4, 6, 8, 9, 10 and 12 relative to Outline Planning Permission reference 05/00069/OUT for the erection of 32 dwellinghouses and 8 flats.
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(B) RECOMMENDATION:
Grant Approval of Matters Specified in Conditions 1, 4, 6, 8, 9, and 12
Note: The applicant has also sought Approval of Matters Specified in Conditions 2, 3,
7, and 11. However, as detailed in Appendix A of this report, these conditions relate to obligations which do not require details to be submitted for further approval.
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(C) HISTORY:
05/00069/OUT - Site for erection of 40 dwellinghouses - mixed residential development of supported housing for old people and mainstream housing at Former
NHS Site, Ganavan Road, Oban, Argyll – Application Approved on the 10th
October 2006.
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(D) CONSULTATIONS:
Archaeologist (02.11.2009
) – No Objection
Area Roads Engineer(26.02.2010) Note that works required by condition 7 are required to be the subject of a separate planning application.
SEPA (09.11.2009) - No Objection
Scottish Water (29.10.09) – No Objection
Legal and Protective Services (29.10.2009) – No Objection
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(E) PUBLICITY:
Oban Times, Regulation 20 Advert – expired 19.11.2009
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(F) REPRESENTATIONS:
A total of 11 letters of representation against the proposal have been received from the following:
Martin Kain, Beachcomber, Ganavan Road,Oban,PA34 5TU (dated 11.11.2009)
Mrs Linda M Kain, Beachcomber, Ganavan Road,Oban,PA34 5TU (dated 12.11.2009)
Mr Derek Coope, Whinbrae, Ganavan,By Oban,Argyll,PA34 5TU(dated 12.11.2009)
Ganavan Residents Association, C/o Peter MacLeod, (Chairman),The Wheelhouse,
Ganavan,PA34 5TU (dated 12.11.2009)
Ms Joyce Coope, Whinbrae, Ganavan, By Oban, Argyll, PA34 5TU (dated 12.11.2009)
Mrs Anne Vass, Shandwick, Ganavan Road, Oban, PA34 5TU (dated 09.11.2009)
Mr.& Mrs R.Bingham, The Anchorage, Ganavan Road, Oban, PA34 5TU (dated
27.10.2009)
E Walton, Brekka, Ganavan Road, Oban, Argyll, PA34 5TU (dated 03.11.2009)
Dr Margaret Barnes, Beechlee, Ganavan Road, Oban, Argyll (dated 09.11.2009)
Mrs Fowler, Tirifuir, Ganavan, Oban, Argyll, PA34 5TU (dated 09.11.2009)
Peter MacLeod, The Wheelhouse, Ganavan, Oban, Argyll, PA34 5TU (letter dated
11.11.2009)
Many of the points raised are reiterations of issues which were raised at the time of the outline planning application. Matters relating to the principle of the development are not relevant to this application. Points made which are material to the consideration of the details submitted pursuant to conditions are as follows:
•
• Access to site is unsuitable in terms of the scale of development proposed
Comment: The principle of the development has already been approved at outline stage,
Access arrangements are addressed by Matter Specified in Condition 1(c) (details of the access arrangements) and Condition 6 (requires full details of a traffic calming scheme to the west of the proposed site access. The submitted details are considered by
Development Services and the Area Roads Engineer to be acceptable.
Development should not proceed in the absence of footpath provision from the site access to the Esplanade.

Comment: This is the subject of condition 7 of the Outline Planning Permission. This condition requires an application for Planning Permission to be submitted for the footpath, the application to be approved and the footpath constructed (no development can commence until the footpath has been constructed). Consequently, this condition cannot be discharged by the type of application currently under consideration, the purpose of which is to discharge Matters Specified in Conditions (i.e. where further information is required for approval)
• There will be adverse impact from the introduction of street lighting
Comment: This is a Matter Specified in Condition 8 (requires full details of all external lighting), which is considered by Development Services and the Environmental Health
Officer to be acceptable.
• One comment has been raised about flooding of the centre of the site
Comment: There are no conditions attached to the Outline Planning Permission pertaining to this subject directly, which was not raised at outline stage as the site does not lie within a recorded flood risk area and the issue was not raised by any other party at that time. This said, it is a requirement of condition 1 (d) and 10 that drainage details be submitted and approved, and SEPA and Scottish Water have not raised any objection to the details.
• According to the site plan, the development is for 30 dwelling houses and 10 flats.
Comment: Having checked the site plan this error is not evident. The site plan, drawing number: 100404-A1-110 shows 32 dwelling houses and 8 flats.
•
• The development will contribute to noise and air pollution
Comment: There are no matters specified in any of the conditions requiring further consideration of these issues and the Environmental Health Officer has not raised any concerns.
Birds, Otters and Red Squirrels will be disturbed as a consequence of development
Comment: There are no conditions attached to the outline planning permission pertaining to protected species. Wildlife interests were not identified as a matter for concern in the consultation response from SNH to 05/00069/OUT. This said, an informative is recommended to be attached to any permission document drawing the attention of the developers to their responsibilities in respect of protected species.
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(G) SUPPORTING INFORMATION
Has the application been the subject of:
(i) Environmental Statement: No
(ii) An appropriate assessment under the Conservation (Natural Habitats)
Regulations 1994: No
(iii) A design or design/access statement: Yes

(iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Yes
• Design Statement;
• Street Lighting Design Report;
• Community Links Report;
• Tree Protection Specification Report.
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(H) PLANNING OBLIGATIONS
Is a Section 75 agreement required: No
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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or
32: No
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(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.
There are only a limited number of policies directly applicable to this application although all relevant Development Plan Policy considerations were taken into account during the assessment of the Outline Planning Application ref:
05/00069/OUT. The principle of the proposal in terms of Development Plan
Policy considerations has already been accepted by granting Outline Planning
Permission. The following policies are relevant to the details submitted to satisfy conditions:
Policy LP ENV 1 Impact upon the General Environment
Policy LP ENV 19 Development Setting Layout and Design
Policy LP SERV 2 Incorporation of Natural Features/SuDS
Policy TRAN 4 New and Existing Public Roads and Private Access Regimes
Appendix A Sustainable Siting and Design Principles
(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
4/2009.
N/a
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(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact
Assessment: No

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(L) Has the application been the subject of statutory pre-application consultation
(PAC): No
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(M) Has a sustainability check list been submitted: No
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(N) Does the Council have an interest in the site: No
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(O) Requirement for a hearing (PAN41 or other): No
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(P) Assessment and summary of determining issues and material considerations
Material considerations in respect of this application are limited to those matters which require the submission and approval of details pursuant to conditions attached to the outline permission. Other matters regarding the general principle of the development were assessed at the time that Outline Planning Application 05/00069/OUT was determined. The details submitted in this application are acceptable to those consultees requiring the attachment of conditions to the outline consent, and are also acceptable in terms of development plan policy considerations. The details therefore satisfy the requirements of those conditions requiring the Council’s further approval.
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(Q) Is the proposal consistent with the Development Plan: Yes
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(R) Reasons why Approval of Matters Specified in Conditions 1 , 4, 6, 8, 9, 10, and 12 should be approved:
All matters specified in the conditions requiring the further approval of the Planning
Authority are acceptable as submitted, and therefore the conditions are met insofar as the requirement to submit additional details is concerned. The conditions continue to have effect insofar as the requirement to implement works or meet other obligations are concerned. The applicant also sought Approval of Matters Specified in Conditions 2, 3,
7, and 11. However, these conditions relate to obligations only and do not reuire the submission of further details to be approved by the Planning Authority.
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(S) Reasoned justification for a departure to the provisions of the Development Plan:
Not Applicable.
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(T) Need for notification to Scottish Ministers or Historic Scotland: No
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Author of Report: Arlene H Knox
Reviewing Officer: Richard Kerr
Angus Gilmour
Head of Planning
Date: 26.02.2010
Date: 26.02.2010

INFORMATIVES RELATIVE TO APPLICATION 09/01451/AMSC
Informative 1:
This permission must be read in conjunction with the terms of Outline Planning Permission
05/00069/OUT, and it should be noted that there is a legal duty to comply with all other requirements of the conditions not considered as part of this ‘Approval of Matters Specified in
Conditions’ application, and any further obligations in respect of the implementation of matters subject to details of those conditions approved as part of this application. Particular attention is drawn to condition 7, which requires the submission of a formal planning application for a footpath, approval of said application, and completion of the footpath prior to any development commencing on site. Development implemented without compliance with conditions precedent cannot be deemed authorised by any consent subject to such conditions, and is therefore liable to constitute unlawful development.
Informative 2:
When work commences on site it shall be carried out in complete accordance with BS 5837
“Trees in Relation to Construction”.
Informative 3:
You are reminded of your obligations under wildlife legislation, not to inter alia carry out operations resulting in the death or injury of a protected species, or to disturb a protected species occupying a structure or place used for shelter, protection, breeding or hibernation.
You would be advised to seek advice from Scottish Natural Heritage, or an appropriately qualified person, in advance of development taking place, to establish whether any such interests are at risk from site clearance and development works, and if so, to take appropriate steps to avoid criminal liability. Given that previous surveys will now be out of date, you would be advised to carry out further surveys to satisfy yourself as to whether protected species are present immediately prior to development works and to establish whether any licences are necessary to disturb such species.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 09/01451/AMSC
PLANNING LAND USE AND POLICY ASSESSMENT
A. Introduction
Permission 05/00069/OUT was granted under the provisions of Article 4 of the Town and
Country Planning (General Development Procedure) (Scotland) Order 1992, on the basis of an outline application for planning permission, with the further approval of Argyll
B. and Bute Council or of the Scottish Executive on appeal being required in respect of the relevant reserved matters before any development is commenced. Since the change in legislation in August of last year, transitional arrangements require these matters to be addressed by way of application(s) for Approval of Matters Specified in Conditions.
Application Description
Whilst the application seeks approval of matters in respect of all the conditions (1 - 12), it is only the matters contained in conditions 1, 4, 6, 8, 9, 10, and 12 which require to be discharged by way of application. Development Services sought permission from the agent to change the description of the ‘Approval of Reserved Matters Specified in
Conditions’ application, from: Approval of conditions 1 - 12 relative to outline planning permission reference 05/00069/OUT for the erection of 32 dwellinghouses and 8 flats,
C. to: Approval of conditions: 1, 4, 6, 8, 9, 10, and 12 relative to outline planning permission reference 05/00069/OUT for the erection of 32 dwellinghouses and 8 flats.
No agreement to that effect has been received, and the agent has confirmed that with regards to the description of the application their client would prefer it to remain as submitted. In the circumstances it is appropriate to determine the application as it stands, making clear those conditions to which the approval relates.
Conditions not requiring Approval of Matters Specified
A number of the conditions on the Outline Planning Application (05/00069/OUT) do not require Approval of Matters Specified. In the circumstances where the applicant has declined to amend the description of the application, it is appropriate to address why that is the case. The conditions which do not require to be considered are: 2, 3, 5, 7 and 11.
Condition 2 stipulates a time limit of 3 years by which application for reserved matters must be made. This condition pertains to the application currently under consideration, which was made within this time limit. Given the timeous submission of this application in respect of all reserved matters requiring the submission of additional details, the requirements of this condition have been met. There are therefore no details requiring to be considered by way of an Approval of Matters Specified in Conditions application in respect of this condition.
Condition 3 requires the development not to commence any later than 5 years from the date of the Outline Planning Permission or any later than 2 years from the final approval of all reserved matters (currently under consideration), whichever is later. This condition restricts the commencement of development to specific timeframes. There are therefore no details requiring to be considered by way of an Approval of Matters Specified in
Conditions application in respect of this condition.
Condition 5 - A typing error was made on the Outline Planning Permission
(05/00069/OUT), and there is no condition 5. Consequently, there are actually only 11

D. conditions attached to 05/00069/OUT. However, as the permission is a legal document all conditions must remain as drafted and be referred to as they have been numbered: namely 1 to 4 and 6 to 12.
Condition 7 - its accompanying reason and note are as follows:
‘ No development shall take place until such time as additional public footpath provision has been made available for public use between the access to the site and The
Esplanade. Such footpath provision shall be made in accordance with a specification approved by the Planning Authority’
Reason: In the interests of the safety and free flow of vehicles using the public road given the likely increase of traffic arising from the development.
Note: In terms of the above condition the requested footpath will need to be the subject of a separate application and include full construction details and be of Council adoptable standards. The application should indicate that the specification and the arrangements for maintenance have been agreed with the Area Roads Manager’.
This condition requires that no development should take place until such time as additional public footpath provision has been constructed between the access to the site and the Esplanade. It is also a requirement that this footpath must be the subject of a planning application and the details are specified of what this application must include.
Due to the wording of this condition, and the requirement for a planning application, it is not possible to approve by way of an Approval of Matters Specified in Conditions application This condition will not be capable of being discharged until a planning application has been submitted, approved and the footpath has been constructed in accordance with any permission granted.
The Area Roads Engineer has recommended refusal of the application partially based on the fact the Condition 7 has not been addressed at all. However, this is not viewed as a reason to refuse the application being considered, which is for Approval of Matters
Specified in Conditions. It is not possible for the applicant to address this condition by way of this application, as it will require a separate planning application to be made which will be considered on its own merits. The Area Roads Engineer has nonetheless requested that it is made clear that he is not satisfied that the condition 7 has been addressed. It remains open, however, for the applicant to address this requirement separately, as there is no legal requirement for conditions to be addressed at the same time, and indeed, legislation provides for staged approvals.
Condition 11 – The purpose of this condition is to remove ‘permitted development’ rights from the dwelling houses and require planning permission to be submitted for any development within the curtilages. This is in the interests of visual amenity and to protect the privacy and amenity of adjacent residential properties from developments normally carried out without planning permission. There is no need to apply this condition to the flats, as they do not benefit from ‘permitted development’ rights. There are therefore no details requiring to be considered by way of an Approval of Matters Specified in
Conditions application in respect of this condition.
Conditions requiring Approval of Matters Specified
In light of the above, the conditions requiring Approval of Matters Specified are: 1, 4, 6,
8, 9, 10, and 12, which, shall now be considered.
Condition 1 – this condition requires the approval of the following reserved matters before any development is commenced: (a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed

development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.
This Approval of Matters Specified in Conditions application is accompanied by details of: the siting, design and external appearance of the proposed buildings; the landscaping of the site; details of the access arrangements; and details of the proposed water supply and drainage arrangements (including a Sustainable Urban Drainage
System).
The Area Roads Engineer does not object to the discharge of conditions 1 (c) and condition 1 (d) (insofar as the latter relates to highway drainage). He points out that these matters will be fully addressed in the Road Construction Consent (RCC) process, and that he is satisfied appropriate details of Sustainable Urban Drainage have been submitted. SEPA and Scottish Water do not object to the proposal. Details of the siting, design and appearance of the development have been submitted and their acceptability can be considered in the context of the related requirements of condition 4 below.
Details of landscaping have been submitted and their acceptability may be considered in the context of condition 9 below.
The Matters Specified in Condition 1 parts (a), (b), (c), and (d) may be approved.
Condition 4 – this condition requires that any subsequent application for the approval of reserved matters, as required by condition 1, shall be accompanied by: i. Plans and elevations of the houses (and where appropriate garages) ii. showing dimensions and type and colour of external materials; ii details of existing and finished ground levels, finished floor levels in relation to a fixed datum, cross sections of the site showing the position of any built form and full details of all under building necessary to iii. accommodate such built form; a design statement, drawn up in accordance with PAN 68 which takes into account both the matters listed above and any other material justification for the nature of housing development that is submitted at the reserved matters stage. Such a statement shall include an analysis of the landscape setting of the site and the relationship and response of the proposed development to the surrounding environment, both built and natural; and any development subsequently granted planning permission shall thereafter be carried out in accordance with the approved reserved matters unless otherwise agreed by the planning authority and capable of adoption by the Council.
This Approval of Matters Specified in Conditions application is accompanied by a Design
Statement, prepared by Campbell & Morris Associates, September 2009, which has been drawn up in accordance with the advice given in PAN 68 which takes into account both the matters listed above and other material justification for the nature of the proposed housing development. The statement includes an analysis of the landscape setting of the site and the relationship and response of the proposed development to the surrounding environment, both built and natural.
The application is accompanied by a range of plans and elevations of the houses showing design, dimensions and the type and colour of external materials. A variety of house types are proposed including: terraced cottages; cottage flats; semi-detached, and detached, with a good variety of sizes (in terms of bedrooms). Finishing materials include: grey roof tiles; natural timber boards for fascia soffits and barge boards; aluminium mill finish for gutters and downpipes; nordan ‘pigeon blue’ windows and doors; timber cladding; natural timber boards; buff coloured facing brick; and acrylic render.

The application is accompanied by details of the existing and finished ground levels, finished floor levels, and cross sections of the site showing the position of buildings.
These details can be found on drawing numbers: D9002/01 and D9002/03 which show three proposed site sections and their locations. Details of existing and finished ground levels, and finished floor levels are also provided in relation to a fixed datum. Levels are shown on site layout plan, drawing number D9002/01.
The design concept, the layout of roads and buildings and the design of individual buildings are all appropriate both in terms of the relationship between buildings within the site and the relationship of the development to its surroundings.
The Matters Specified in Condition 4 may be approved. The developer is obliged by the terms of the conditions attached to the outline consent, to ensure that any development subsequently permitted pursuant to condition is carried out in accordance with the matters hereby approved, and where required, access is capable of adoption by the Council.
Condition 6 – this condition requires that any details pursuant to Condition 1 above shall incorporate full details of a traffic calming scheme to the west of the proposed site access (based on a scheme submitted by Bullen Consultants). Thereafter the traffic calming system shall be fully implemented before the first house is occupied. The reason for this condition is the visibility in that direction from the junction as proposed is
85 metres whereas the accepted standard for visibility is 90 metres. It was considered therefore that a scheme of traffic calming should be required in the interests of road safety.
This Approval of Matters Specified in Conditions application is accompanied by full details of a traffic calming scheme as required. The Area Roads Engineer has advised following discussion with the consultants that he is satisfied that condition 6 has been addressed satisfactorily.
A site layout plan has been submitted which provides details of the levels & traffic calming, drawing number D9002/01. This drawing shows three, five metre wide strips of red `tuxtureflex’ at 50 metre centres on the public road from the Oban approach side to the site.
The Matters Specified in Condition 6 may be approved. The developer is still obligated to meet with the remaining obligation imposed by this condition by ensuring that the traffic calming system is fully implemented before the first house is occupied.
Condition 8 – This condition requires that any subsequent application for the approval of reserved matters shall include full details of all external lighting to serve the development. The submitted details shall show the position of all proposed external lights and their illumination levels (provided in lux), together with appropriate mitigation measures to prevent light spillage and glare beyond the site boundary. Thereafter, the development shall be carried out in accordance with the agreed details unless otherwise approved in writing by the planning authority.
This Approval of Matters Specified in Conditions application is accompanied by full details of all external lighting to serve the development. These details are included within a ‘Street Lighting Design Report’, prepared by Campbell & Morris Associates dated September 2009 which is comprises: outdoor lighting report, layout report, and, horizontal illiminance (lux), for each part of the development. A proposed adopted street lighting installation plan D9002/8001 has also been submitted. This shows lighting columns outwith the site on the approach from Oban and two columns just beyond the site on the approach to Ganavan and columns within the site. Details of the columns

and lanterns have also been provided and all works will be undertaken in accordance with the appropriate British Standard.
The Area Roads Engineer has advised that this matter will also be fully addressed in the
Road Construction Consent (RCC) process. Public Protection do not object to the details of the application.
The Matters Specified in Condition 8 may be approved. The developer is still obligated to meet with the other requirement of this condition by ensuring that the development is carried out in accordance with the agreed details unless otherwise approved in writing by the planning authority.
Condition 9 –This condition requires that any details pursuant to condition 1(b) shall allow a scheme of hard and soft landscaping work. Such details shall include: location and design, including materials of any walls, fences and gates; surface treatment of means of access and hard standing areas; soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub; and programme for completion and subsequent on-going maintenance for a period of at least 10 years. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the planning authority. Any trees or plants which within 10 years of the completion of the development die or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
A scheme of hard and soft landscaping works and implementation and maintenance arrangements has been submitted. The planting schedule comprises three planting themes for the development, and a planting plan (detailing location, type and size of each individual tree and/or shrub) has been submitted. These are accompanied by a
Report prepared by Community Links, Scotland, dated, November 2009 which covers: paving, planting, fencing, site furniture and landscape maintenance. Details of the two different types of fences have also been submitted these comprise elevations of a vertical timber fence and a post & wire fence both 1200mm in height.
The Matters Specified in Condition 9 have been approved. The developer is still obligated to ensure that the other requirements of this condition are met in terms of implementation and maintenance of the approved scheme.
Condition 10 – This condition requires that the application to be submitted in respect of the reserved matters, as detailed in condition 1, shall include full details of the proposed means of foul and storm drainage to serve the development and a scheme of sustainable urban drainage (SuDS) in accordance with current good practice.
Thereafter, prior to the occupation of the first dwelling, the drainage shall be fully operational and constructed in accordance with the approved details, unless otherwise agreed in writing with the planning authority.
Full details of the proposed means of foul, storm and sustainable urban drainage have been submitted. The Area Road Engineer has advised that he is satisfied that condition
10 has been addressed, and appropriate details of the proposed method of Sustainable
Urban Drainage have been submitted. He has also advised that the roads aspects of this condition will also be addressed by Roads Construction Consent. The proposed methods of drainage are detailed in Schematic Drainage Proposals on drawing number:
D9002/02. This also shows that surface water run-off from roofs, driveways and roads within the development will discharge to an existing storm water ditch then coastal waters via a filter/storage tank. SEPA and Scottish Water do not object to this arrangement.

E.
The Matters Specified in Condition 10 may be approved. The developer is also still obligated to ensure that the other requirements of this condition are met. Prior to the occupation of the first dwelling, the drainage must be fully operational and constructed in accordance with the approved details, unless otherwise agreed in writing with the planning authority.
Condition 12 – This condition requires that the reserved matters application under condition 1 shall be accompanied by a tree survey indicating the trees to be felled and the method of protecting the trees to be retained. Following the granting of this outline permission no tree on the site shall be felled, topped or lopped without the written agreement of the Planning Authority unless the felling, topping or lopping is urgently required to protect public safety.
A tree survey has been submitted indicating the trees to be felled and the method of protecting the trees to be retained. This information is covered in the Tree Protection
Specification Report prepared by Campbell & Morris Associates, September 2009 in accordance with BS 837:2005 “Trees in Relation to Construction” and the Tree
Preservation and Removals Plan, Drawing Number 100404-A1-111.
The Matters Specified in Condition 12 may be approved. The developer is still obligated to meet with the other requirement of this condition requiring the written agreement of the Planning Authority for any tree to be felled, topped or lopped, unless urgently required to protect public safety.
Wildlife considerations
Objectors have raised concerns about red squirrels and other wildlife interests. Having revisited the consultation response from Scottish Natural Heritage (SNH) in respect of the outline planning approval, they have not made any comment about threat to any protected species at this site. However, red squirrels and other protected species are afforded protection by law and it is an offence to kill, injure or disturb such species.
Given the suggestion that protected species may frequent the site, these concerns have been brought to the attention of SNH for their information. It is too late to apply a condition in respect of any wildlife considerations, as the principle of this development has already been established by the granting of outline permission. An informative is recommended to make the developer aware of the potential risk to red squirrels and their obligations in law.