Artist ready to mount 'robust appeal' over knock-back to development proposal at Kilcoy on Black Isle
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AN artist and her husband are taking advice on mounting a "robust appeal" after being refused planning permission for a small self-catering holiday lodge development allied to a new art studio and a three-hole pitch and putt course near Muir of Ord.
The decision, made under delegated powers and not by a committee of councillors, halted Louise Innes' plans to run art workshops, including for disabled people, at Kilcoy.
Highland Council refused permission for Mrs Innes and husband Alan's application on 1.45 acres of farm field because "the proposal is located within a currently undeveloped parcel of agricultural land and does not form part of the diversification of an existing agricultural or crofting enterprise."
The refusal decision adds: "The proposal fails to meet any of the Policy 35 siting criteria which seeks to minimise the impact of development upon agricultural land and rural character."
There were more than 30 representations both for and against the plan, and VisitScotland said it would be supportive.
Mrs Innes, a contemporary artist, has a shared studio in Inverness but would like to relocate to allow her to expand and offer workshops.
She said: "We are obviously disappointed at the decision of the officer. Whilst one previous applicant has indeed made four unsuccessful applications, our application is totally different and clearly allowable under Clause 35 which is promoted by both local and Scottish policies to allow for new businesses in hinterland areas to offer self-catering accommodation, something which is badly needed in Highland Region, especially in the aftermath of Covid with the increased demand for staycations.
"Our application was fully supported by VisitScotland who were very excited to work with us to promote peaceful , luxury, retreats which are badly needed in our region for various markets such as golfers and artists to share one of the most amazing views in our area.
"Research shows that disabled friendly self-catering accommodation in our area is sadly lacking in both quantity and quality and we plan to redress that situation for both locals and tourists to enjoy a peaceful holiday in a country location whilst still having local shops and services nearby to aid the local economy.
"We are currently speaking to some planning experts, Scottish Government and local councillor to work out our best strategy for an appeal."
Each planning authority has a Review Body to determine requests by applicants to review local applications that have been refused by officers of the planning authority
Mrs Innes added: "I feel quite strongly about the council policing their own policies. If it went to committee - which I think should have as there were over four objections, the appeal would go to Scottish Government and be independent."
"We are currently taking advice from various avenues before producing a robust appeal and we are confident that sense will prevail and we can offer a luxury and peaceful self-catering accommodation which complements the already existing and successful self-catering accommodation in that area."
Mrs Innes added that the rest of their plot is not undeveloped agricultural land as stated in the planning decision and there is already a fruit orchard along with the first phase of vegetable planting with the rest of the land being used for sheep grazing. Their next planned phase is to have free range chickens and honey bees.
A council spokesman said: “For local scale developments, when there are timeous objections from five or more separate households and the application is recommended for approval, it will be referred to committee.
"When the recommendation is to refuse, the local ward members are provided with the case officer’s report and are given the opportunity to call the application to committee for determination. If the application is not called in by two ward members, the application is refused under delegated powers.
"The council has acted in full accordance with its Scheme of Delegation as regards this application.
"The applicant has the opportunity to request a review of the officer’s decision by the council’s Planning Review Body. It is independent of the Planning Authority. It is composed of nine elected members, eight at present as one post is vacant. Details about the review process are included on the decision notice issued to the applicant."
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