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Supplementary Pack 2 - Reconvened Meeting 19 March 2024

Argyll and Bute Council · 7 February 2024
Back to Planning, Protective Services and Licensing Committee — 7 February 2024 and its agenda

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Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD 
12 March 2024 
RECONVENED MEETING – 19 MARCH 2024 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE that was
ADJOURNED ON WEDNESDAY, 7 FEBRUARY 2024 will reconvene ON A HYBRID BASIS IN
THE MARRIAGE SUITE, HELENSBURGH AND LOMOND CIVIC CENTRE, 38 EAST CLYDE
STREET, HELENSBURGH AND BY MICROSOFT TEAMS ON TUESDAY 19 MARCH 2024 AT
11.00AM, which you are requested to attend. 
I enclose herewith Supplementary Report no. 2 which was not included on the Agenda for the
meeting held on 7 February 2024.  I also enclose the papers considered at the meeting on 7
February 2024 for ease of reference. 
Douglas Hendry
Executive Director 
3. MS GAIL CRAWFORD: ALTERATIONS AND EXTENSIONS: 4 WEST LENNOX
DRIVE, HELENSBURGH (REF: 23/00652/PP) 
Reports by Head of Development and Economic Growth 
(a) Supplementary Report No.2 (Pages 3 - 8) 
(b) Papers considered at the meeting held on 7 February 2024 (Pages 9 - 50) 
(c) Procedure Note (Pages 51 - 58) 
Planning, Protective Services and Licensing Committee 
Contact: Hazel MacInnes   Tel: 01546 604269
Public Document Pack

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Argyll and Bute Council
Development and Economic Growth   
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 2013 relative to applications for Planning
Permission or Planning Permission in Principle
_________________________________________________________________________ 
Reference No: 23/00652/PP
Planning Hierarchy: Local Application
Applicant: Ms Gail Crawford
Proposal: Alterations and extensions
Site Address: 4 West Lennox Drive Helensburgh Argyll And Bute G84 9AD   
SUPPLEMENTARY REPORT NO. 2
1.0 INTRODUCTION: 
This report provides Members with an update following their decision at the 7th February
2024 pre-determination hearing to continue the hearing at a future date. 
2.0 ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2:
It is highlighted to Members that, subsequent to their decision to continue the hearing, the
Argyll and Bute Local Development Plan 2 (LDP2) was adopted on 28th February 2024. As
of that date, the ‘Development Plan’ for Argyll and Bute (excluding the area covered by the
Loch Lomond and the Trossachs National Park Authority) is National Planning Framework 4
and LDP2 which require to be applied holistically with preference afforded to LDP2, as the
most recent expression of policy, in the event of any conflict between the two policy
documents. For the avoidance of doubt, it is also confirmed that the Argyll and Bute Local
Development Plan 2015 and its associated Supplementary Guidance are now superseded
and should not be afforded significant material weight in the determination of applications.
Having regard to the above, the determination of this application now requires to be
undertaken with primary reference to NPF4 and LDP2 as the ‘Development Plan’. It is noted
that within the main Report of Handling and Supplementary Report number 1, officers had
previously taken into account and applied the relevant polices of LDP2 as this was a
significant material consideration at that time. The commentary provided by officers confirms
that there is no substantive difference between the relevant provisions of the now
superseded ABC LDP 2015 and the recently adopted LDP2 in so far as these are relevant to
the current application, with the single exception that the policies of LDP2 are generally more
favourable of the proposed contemporary extensions. Previously it had been identified that
ABC LDP 2015 SG LDP Sustainable Siting and Design (section 8.2 part (d)) noted that; Flat-
roofed extensions, and multiple dormer window extensions, which give the appearance of a
flat roof will not be permitted where they do not complement the existing house style and
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design. Officers considered that the proposed flat-roofed extensions in this case provided a
contrast in design with a clear and deliberate design delineation between the old and the
new and welcomed this and considered in this instance the flat-roofed extensions
complemented the existing house.  So while officers considered the proposal to be compliant
with SG LDP 2015, it is now noted that the provisions of ABC LDP 2015 SG LDP
Sustainable Siting and Design is no longer relevant and that under LDP2 there is no such
policy in terms of flat-roofed extensions.
As per the commentary within the original Report of Handling, officers consider LDP2 to be
more favourable of the design of the proposal. The design policy in LDP2 Policy 10 (Design:
All Development) notes that the design of any development must:
• Demonstrate an understanding of and appropriate response to the proposed
development site and wider context including consideration of character and, where
applicable, urban grain; and
• Acknowledge the scale, mass and spirit of nearby buildings but steer clear of mimicry
and pastiche; and
• Incorporate existing and enhancing features where applicable; and
• Avoid falsification of period details; and
• Use appropriate proportions for building elements and details including, where
applicable, massing and fenestration; and
• Use materials that are harmonious with the context but embody honesty and legibility
of contemporary design; and
• Consider the embodied energy and durability of proposed materials; and
• Incorporate the use of flood resistant and resilient materials and construction
methods.
This policy puts greater weight on avoiding pastiche designs and falsification of period
details and promotes the honestly and legibility of contemporary design. The proposed
extensions would therefore comply with these policy’s given the clear delineation between
the old and the new as well as the overall ethos of the contemporary design with the
applicants not wishing to create a pastiche design that mimics the traditional features of the
existing house.  
In summary, it is confirmed that the adoption of LDP2 does not give rise to any substantive
change to the matters considered within the assessment previously undertaken by officers in
respect of this particular application. Notwithstanding the adoption of LDP2 during the
determination process, the proposal continues to be viewed as consistent with the relevant
provisions of the Development Plan (NPF 4 and LDP2) and the recommendation of officers
remains that planning permission should be granted subject to the conditions and reasons
as appended to the main Report of Handling. 
3.0 ADDITIONAL REPRESENTATIONS:
It is highlighted to Members, that subsequent to the issuing of supplementary report number
1, which covered any additional representations received after the main report of handling
was published, we received further representations. This has resulted in a total of 30 (29
objections and 1 representation). The 2 subsequent representations were both from existing
objectors. Details of the comments not addressed within the main report or supplementary
report number 1 are as follows;       
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Objection comments were received from: 
Further objection from; Alastair Wilson 7 Upper Colquhoun Street Helensburgh Argyll and
Bute G84 9AQ 07.02.2024
Further objection from; Suzanne Hamilton Whincroft 2A Upeer Colquhoun Street
Helensburgh 07.02.2024 
Summary of points raised: 
• Objector notes that the local authority have stated the wrong date that the
provisional TPO for the Copper Beech tree within the neighbouring garden came
into force within supplementary report number 1. Further notes that the wrong date
was input as a deliberate act to mislead members 
Comment; please see note 4.0 (proposed tree preservation order) below in regards
to this and there was no deliberate act to mislead members. 
• Objector asks if the local authority have investigated the applicant’s claims in terms
of tree roots needing to be severed around service runs/pipework. 
Comment; the local authority have two tree reports one from the objectors and one
from the applicants, these reports have been made by qualified arborists and are
considered to be expert opinions which have informed the local authorities
recommendations in regards to this tree.   
• Objector comments that the drainage runs which the tree roots are interfering with
are now defunct and therefore, there is no reason to disturb the tree roots to this
area. 
Comment; the applicants have only undertaken investigative works to understand
what is wrong with the current drainage onsite leading to the issues with water
ingress into the property. These works where investigated under a separate
enforcement matter and a stop notice was issued. Subsequently the applicant’s
submitted drainage plans to show a revised drainage scheme as part of the
application. These drawings show the re-use of the drain in this area. Since
discovering that the tree roots where in fact interfering with this drain which may be
exacerbating the issue with drainage the applicants submitted a revised drainage
scheme which would re-route this drain under the proposed two storey extension.
This would mean less damage to this tree than if they repaired the drain where it
currently lies. 
• Objector asks how the local authority can approve this application when it clearly
impinges on the root protection area of a tree within a Conservation area which is
subject of a provisional TPO. 
Comment; this has been addressed within supplementary report number 1. 
• Objector passes comments on the applicants tree report as summarised; Objector
confirms that the recent branch removal referred to within the applicant’s tree report
was undertaken in 2019. Objector notes that the applicants tree report states that
the trees roots in the areas where the branch removal occurred would have
resulted in the reduction of the trees reliance of these roots, however, the objector
states that if this is the case then why these roots are still present and it is not the
case therefore, that these roots are important. Objector notes that whilst the tree
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roots may be exploiting faulty drains they are reliant not on these drains but upon
all of the resources within the root protection area. Objector notes that if these roots
are considered to be of secondary importance to the vitality of the tree and that the
roots within the development area can and should be severed without significantly
damaging the vitality of the tree then why does the British Standard recommend a
652m2 root protection area. Objector notes that in reality the proposed
development within the root protection area will impinge upon the tree more
extensively than the severing of roots effecting drains. Objector questions why
does the British Standard state in Section 7.1.1 that construction within the root
protection area should accord with the principle that the tree and soil structure take
priority, and the most reliable way to ensure this is to preserve the root protection
area completely undisturbed. Lastly the objector notes that the section within the
applicants tree report which states "In the following section it is assumed that the
design has taken into account the constraints represented by the retained trees
and that any conflicts with the vitality of the retained trees has been recognised."
is an error as the design was submitted in the absence of a preliminary tree
surveys.
Comment; these comments are noted, however, we believe these comments have
previously been addressed with the main report of handling, subsequent
supplementary report number 1 and above. As such our recommendation for
approval subject to the revised set of conditions as contained within supplementary
report number 1 stand. 
• Objector has noted that their insurers have advised that ‘in the event of approval
of the application, and works commencing on the west side of 4 West Lennox Drive,
where there is any subsequent damage to the beech tree, to property and/or
persons, our insurers will want to understand the extent of works within the tree
root perimeter, the decision making process leading to such works, and the
associated insurance position of the parties impacted in order to help our insurers
establish any insurance claim position and final liability’ 
Comment; this is a private civil matter. 
Note: All other comments are addressed in the main report of handling and
subsequent supplementary report number 1. Full details of all representations can be
view on the Council’s website at www.argyll-bute.gov.uk. It is considered that the points
that have been made are addressed appropriately above. 
4.0 PROPOSED TREE PRESERVATION ORDER:
The proposed Tree Preservation Order (TPO) for the copper beech tree within the garden
grounds of 2a Upper Colquhoun Street, Helensburgh (the neighbouring property to the
application site), which PPSL members recommended approval for on the 18th October 2023
is subject of a TPO as of the 24th January 2024. It was previously advised verbally and within
supplementary report number 1 that this TPO would come into effect on the 8th of February
2024, however, this was an error and this date should have been noted as the 24th of January
2024. This error occurred as officers mistook the date the TPO would be published, the 8th of
February, as the date it came into force. 
Subsequent to this there have been a few matters which require rectification in relation to the
serving of the TPO. The TPO served contained an error in that the subject tree was incorrectly
described as a Cedar Beech and not the correct Copper Beech. The TPO order has been re-
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served to all interested parties on the 8th of March 2024, with a covering letter pointing out the
error. The TPO order will not be modified at this stage and should the order be confirmed in
due course, the revised name of the tree species will be confirmed under modification and this
error will be rectified at that time. Please also note that a new advert will appear in the
newspaper on Thursday 14th March and a certified copy of the Order will be displayed in the
Helensburgh Civic Centre for 28 days for public viewing from this date.   
5.0 RECOMMENDATION: 
It is recommended that planning permission be granted subject to the revised list of
conditions and reasons as contained within supplementary report number 1. 
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Argyll and Bute Council
Development and Economic Growth   
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 2013 relative to applications for Planning
Permission or Planning Permission in Principle
_________________________________________________________________________ 
Reference No: 23/00652/PP
Planning Hierarchy: Local Application
Applicant: Ms Gail Crawford
Proposal: Alterations and extensions
Site Address: 4 West Lennox Drive Helensburgh Argyll And Bute G84 9AD   
SUPPLEMENTARY REPORT NO. 1
1.0 INTRODUCTION: 
This report provides Members with an update following their decision at the 18th October
2023 PPSL meeting to continue the application for a pre-determination hearing and site visit. 
The purpose of this report is to update members on various matters that have arisen
subsequent to the PPSL meeting as follows; 
1) Update members that the proposed Tree Preservation Order (TPO) for the copper
beech tree within the garden grounds of 2a Upper Colquhoun Street, Helensburgh (the
neighbouring property to the application site), which PPSL members recommended
approval for on the 18th October 2023 will be the subject of a provisional TPO as of
the 08.02.2024. 
2) Advise members that additional information has been submitted by the objectors in the
form of an arboricultural report which was submitted on the 30.01.2024. The
arboricultural report submitted by objectors was commissioned to survey and assess
the copper beech tree which lies in the garden grounds of 2a Upper Colquhoun Street.
This report is based on the BS (British Standard) 5837 (2012) – Trees in Relation to
Design, Demolition and Construction, and uses the standard calculation for
determining a tree’s root protection area. It is noted within this report that the copper
beech tree has been assessed within its current context and without regard to
proposed development. 
This report includes a drawing based on the BS calculations which shows that the root
protection area of the neighbouring copper beach tree would include areas within the
footprint of the proposed extension and areas where it is proposed to demolish the
existing single story element. In theory the root protection area represents a
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construction exclusion zone which could therefore, effect the ability of the applicants
to undertake the proposals. It is noted that under section 4.6 of the BS 5837 for single
stem trees, the root protection area should be calculated as an area equivalent to a
circle with a radius 12 times the stem diameter. The diameter of the copper beech tree
has been measured as 1.2m which would equate to a circular root protection area of
14.4m centred on the base of the stem as shown on the arboricultural report supplied
by the objectors. 
This report also goes into specifics about the copper beech tree and summarised that
the tree is a mature and healthy tree and that older trees such as this tree are more
vulnerable to harm and that the root system of the tree would be damaged by the
proposed development which would encroach heavily into the root protection area. 
Note: Full details of the report can be view on the Council’s website at www.argyll-
bute.gov.uk 
3) Advise members that further information has been submitted by the applicant by way
of a further arboricultural report received on the 05.02.2024. This report was
commissioned by the applicants to add more detail, site specific information and to
assess the impact the specific development would have on retained trees. This report
is in line with the report provided by objectors in terms of the tree’s location and size.
When explaining the standard method to calculate a trees root protection area within
section 2 of this supplementary report it is noted that the BS, goes into more detail and
notes that where pre-existing site conditions or other factors indicate that rooting has
occurred asymmetrically, a polygon of equivalent area should be produced in lieu of a
standard circular root protection area. The BS then notes that modifications to the
shape of the root protection area should reflect a soundly based arboricultural
assessment of likely root distribution. Within the arboricultural report submitted by the
applicants the root protection area has been adapted to reflect this which has been
plotted on the submitted tree constraints plan (contained within this report). 
During the survey for this report it was found that through probing and some limited
excavations in and around the proposed development area, a number of small roots
were discovered. One in particular was noted in a position that suggested its
enlargement was being promoted by the presence of water from a leaking or defective
drain. The report then notes that in the absence of any development proposals it is
recommended that the soil volumes around the service runs (of which there are several
in this area) be excavated and all roots of any size be cleanly severed. As the
discovered roots did not exceed 35mm diameter and were generally less the report
notes that in these circumstances the adverse effects on the tree would be minimal. 
This report also observed that recent works to the tree have resulted in an over 10
branch removal wound on the tree between a height of about 4 metres and 12 metres
and that none of these wounds have occluded, and in a tree of this age and species
they might never do so. In such situations a tree that is still growing is stature will
normally use its full rooting area to muster reserves and water supplies to rapidly
replace the lost areas of crown. However, for the surveyed tree the vigour is limited
and no increase in stature can be expected. The converse is therefore to be expected,
namely that the tree’s reliance on the roots in the quarter where significant crown
reduction has been done will reduce. For these reasons it can reasonably be foreseen
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that any roots within the development area, over 4 metres form the edge of the crown
spread, are of secondary importance to the vitality of the tree. 
The report then goes on to note that notwithstanding the root protection area that is
represented on the tree constraints plan it is the arborists opinion that the roots within
the development area can and should be severed without significantly damaging the
vitality of the tree. It is also noted that this area is expected to comprise of less than
5% of the root protection area and less than 2% of the total rooting area of the tree and
as such, no significant damage to the vitality of the tree can be foreseen. This report
then summarises that regardless of the development proposals, it is recommended
that all roots in and around and interfering with services in the area adjacent to the
existing house be severed. And notes that this can be done using statutory exemptions
from conservation area or tree preservation controls. 
Note: Full details of the report can be view on the Council’s website at www.argyll-
bute.gov.uk 
4) Advise Members of officer’s response to the above additional tree information – the
two arboricultural reports described above. It can be confirmed to members that
exemptions apply to works on a tree protected by a TPO and that these works can be
undertaken without consent from the planning authority. For reference, the statutory
exemptions are contained under The Town and Country Planning (Scotland) Act
1997 Section 160 part (6)(B) for trees with preservation controls and, The Town and
Country Planning (Tree Preservation Order and Trees in Conservation Areas)
(Scotland) Regulations 2010 Section 8 part (K)(ii) for trees in conservation areas. 
Based on the above it has been confirmed that the proposed development would
encroach on the copper beech tree’s root protection area as detailed using differing
methods within both arboricultural reports. The tree protection area is larger than that
shown on the original site plan provided by the applicant. This has implications for how
to assess the matter of the tree roots in relation to the proposal. The report provided
by the applicants has gone into a more detailed assessment and has identified that
roots within the development site are effecting services within the site and that these
roots require to be cut back and can be cut back without consent. Within this report it
has been further noted that due to the historical works to the copper beech tree it is
considered that tree’s reliance on the roots where the crown reduction has been
undertaken will reduce and for these reasons it can reasonably be foreseen that any
roots within the development area, over 4 metres form the edge of the crown spread,
are of secondary importance to the vitality of the tree. This coupled with the report’s
findings that the roots should be cut back due to impact on drainage/services via an
exemption and the area that is expected to be comprised (by either the development,
or root cutting via an exemption) would be less than 5% of the root protection area and
less than 2% of the total rooting area of the tree. 
Based on the above the authority is satisfied that the copper beech tree will not be
adversely effected by the proposals and therefore our recommendation remains one
of approval but subject to the amended recommended conditions as appended to this
supplementary report.   These conditions can now be tied more closely to the recent
arboricultural report and tree constraints plan. To summarise officers have removed
condition numbers 8 and 9, and have replaced these with a single condition (now
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condition 8) that provides protection to all trees and references the tree survey and
arboricultural method statement provided by the applicant. 
5) Advise Members that further additional information has been submitted by the
applicant on the 05.02.2024. The additional information submitted includes updated
plans and elevations to provide clarity on the extent of proposed development. The
only changes to the plans is a change to the yellow hatch to show the extent of the
proposed developments footprint and the updated location and root protection area of
the copper beech tree, there have been no physical alterations to the design of
proposals. Further to the above the applicants have also submitted an updated design
& access statement and an updated drainage drawing. The only change to the design
& access statement is that a section has been added to include an analysis of built
form to open space on sites within the Hillhouse, Helensburgh Conservation Area and
also a section including examples of two storey side extensions, the conclusions within
this statement have also been updated to reflect this. The updated drainage drawing
is to reflect the root protection area as shown on the tree constrains plan provided
within the applicant’s arboricultural report so that the proposed drainage alterations are
out with this area. The updated drawings are as follows; 
Proposed location / block plans Ref: RDH.AR(PL)010 REV E
Proposed ground floor plan Ref: RDH.AR(PL)011 REV D
Proposed first floor plan Ref: RDH.AR(PL)012 REV D
Proposed roof plan Ref: RDH.AR(PL)013 REV E
Proposed south elevation Ref: RDH.AR(PL)014 REV E
Proposed west elevation Ref: RDH.AR(PL)015 REV D
Proposed north elevation Ref: RDH.AP(PL)016 REV E
Proposed east elevation Ref: RDH.AP(PL)017 REV  E
Proposed drainage drawing Ref: 2302-07-900 REV D
Design & access statement REV C 
Note: Full details of the revised drawings can be view on the Council’s website at
www.argyll-bute.gov.uk 
6) Advise Members for clarity during the PPSL presentation on the 18th October 2023 it
was noted by officers that there was an error within the main report of handling in
regards to the total built element on the site resulting from the proposals. This has
been double checked and the main report of handling as published is correct. To
confirm:
• the existing house has a foot print of approximately 161sqm, 
• the existing single storey element which is proposed to be demolished has a
footprint of approximately 55sqm, 
• the existing garage which is proposed to be demolished has a foot print of
approximately 30sqm and 
• the existing sheds which are proposed to be demolished have a combined foot
print of approximately 18sqm. 
This equates to a total existing built element of approximately 264sqm which
represents 12% of the overall plot. 
In comparison the proposals seek to: 
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• remove the existing single storey element and replace this with a larger 2 storey
extension which has a footprint of approximately 90sqm, 
• replace the existing garage with a larger garage/gym which has a foot print of
approximately 70sqm and 
• lastly the proposals seek to erect a new external link canopy between the new
extension and garage/gym which has a foot print of approximately 25sqm. 
The proposals therefore, equate to the resultant proposed built element on the site as
being approximately 346sqm which represents 16% of the overall plot, an increase of
82sqm / 3.8% to the overall built footprint on the site. 
7) Advise Members that following the publication of the main report of handling, officers
have received further representations. Two of these were verbally addressed during
the 18th October 2023 PPSL presentation by officers. However, we have since
received two further objections. This has resulted in a total of 30 (29 objections and 1
representation). The main report of handling summarised that there were a total of 29
representations (28 objections and 1 representation). Out of the 4 subsequent
representations 1 was from a new party and the remaining 3 were from existing
objectors. Details of the contributors and comments not addressed within the main
report are as follows;       
Objection comments were received from: 
Fiona Baker Hillcroft Station Road Rhu Helensburgh G82 8LW 09.10.2023
Further objection from; Suzanne & Scott Hamilton Whincroft 2A Upper Colquhoun
Street Helensburgh 09.10.2023
Further objection from; John Shelton 3 West Douglas Drive Helensburgh Argyll and
Bute G84 9AL 31.01.2024
Further joint objection from; David Henderson, Corinne Henderson, Alistair
McLuskey, Liliana Sheychenko, John Butt, Sally Butt, Max Carruthers, Lesley
Carruthers, Fiona Baker, Alastair Wilson, Suzanne Hamilton, John Shelton, Sally
Shelton 31.01.2024  
Summary of points raised:   
• Objector notes that the local authority have failed to refer to the Helensburgh
conservation area appraisal which is a material consideration and that the authority
have neglected this documents recommendations. 
Comment; this is a key document which the design and conservation officer has taken
into account and specifically mentions within their consultation responses. The
consultation responses from the design and conservation officer are a material
consideration which has been taken into account when determining the application.   
• Objector notes that the computer generated images, as presented at PPSL, are
inaccurate and that the scale is wrong and therefore minimises the impact. 
Comment; please note that these images have been provided by the applicants to best
show the proposals massing in 3D, computer generated images do not have a scale
as they are 3D and use perspective. The images have been submitted as part of the
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application package along scaled 2D plans, elevations and sections to help officers
best understand the massing of the design and how this relates to the existing property. 
• Objector notes that the copper beech tree within the neighbouring garden is shown on
the applicant’s drawings is shown in different positions on different plans. 
Comment; this is noted, however, as we now have a arboricultural report available
provided by objectors which shows the trees correct location and size, and a further
arboricultural report from the applicant which correlates this. The local authority is
satisfied that the tree has been correctly located on the amended plans. 
• Objector notes that photographs taken by the design and conservation officer where
taken from obscure positions which minimise the impact of the proposals. 
Comment; it is noted that the planning officer, the area team leader and the design and
conservation officer where involved in the site visit when these photographs were taken
and that the photographs taken were the best available shots and they were in no way
taken from obscure positions but from the best available positions at that time to best
show the site/context. 
• Objector notes that the applicant’s drawings are not to scale and this was not
addressed within the main report of handling. 
Comment; this is noted however the original drawings submitted include the required
scale bar, scale notation and format size as do the amended ones.   
• Objector notes that at the PPSL meeting officers incorrectly stated that there had been
no objections to the proposed external finish colours and materials 
Comment; this is noted however, within the main report of handling within section F
specific mention under section ‘the summary of issues raised’ explained that this had
been raised in regards to the concerns over the proposed external finishes. 
• Objectors request the local authority ensure that BS 5837 (2012) is applied in full as a
condition on any approval. 
Comment; this is noted and due to the findings as described within the initial section 4
of this report alternative conditions have been recommended which are appended to
this report and these ensure compliance with BS 5837. 
• Objectors note that a tree protection plan including root protection area and tree
survey by a qualified person should have been submitted as part of the application to
ensure the protection of the neighbouring copper beech tree’s to the standards as set
out in BS 5837 (2012). 
Comment: this is noted however, the drawings submitted with the application
indicated that the proposed development was located out with the copper beech
trees canopy and could comply with tree and root protection measures as per the BS
within the recommended conditions. Given this and the element of separation the
authority did not challenge this. Having been presented with further info, we
acknowledge that the original tree protection area was incorrect and we have
reassessed this and have suggested revised conditions in relation to tree protection. 
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• Objector notes that planning officers should have requested the above information to
best inform their recommendations prior to determination. 
Comment; as above 
• Concern that objectors comments in relation to the neighbouring copper beech tree
were not fully taken into account by officers within the report of handling (the objector
has provided a summary of the combined points raised by all objectors within their
representation) 
Comment; this is noted however, it is confirmed that the full comments are made
available to members and public on the councils website, furthermore, these
comments have been summarised and addressed within the report of handling.
Please also note that the authority’s biodiversity officer was consulted in regards to
the proposed tree protection order for the Copper Beech tree which was progressed
within the context of this application   
• Concern that the applicants have not accurately surveyed the copper beech tree and
therefore, their measurements and drawings are incorrect. The applicants have
shown the root protection area as being 12m however, the objectors arboricultural
report notes this dimension as 14.4m. This under sizing could lead to implications in
terms of the ability to implement the proposals as the development could be within
the copper beech tree’s root protection area 
Comment: this is noted and as above we acknowledge there was an error in the
original submission but subsequently the applicants commissioned a further
arboricultural report the details of which have been summarised in section 4 of this
report. These findings have informed officer’s recommendations as contained within
this supplementary report. 
• Objector notes that the applicants submitted drawings do not correctly show the; size,
location and root protection area of the copper beech tree within the neighbouring
garden. Another objector notes a similar point, that the position of the copper beech
tree is not correct on the applicant’s submission and is in fact 3.5m out south & west
of the real location of the tree. 
Comment; we now have two arboricultural reports which show the size, location and
root protection area for the copper beech tree, this has been taken into account
within the recommendations of this supplementary report and we acknowledge that
the original plans had some errors that were missed. 
• Objector notes that the root protection area of the neighbouring copper beech tree
extends into the construction zone for the proposals which would negatively affect the
tree and no building works should be undertaken within the root protection area of the
copper beech tree. 
Comment: this is noted and subsequently the applicants commissioned a further
arboricultural report the details of which have been summarised in section 4 of this
report. These findings have informed officer’s recommendations as contained within
this supplementary report. 
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• Objector note that the other trees within the site and on neighbouring properties have
also been shown incorrectly on drawings in terms of location, size and root protection
areas 
Comment; The applicant’s arboricultural report notes that even though there are
other neighbouring trees and shrubs, either none are within the distance where roots
would be affected or they have such a small stem diameter that they do not require to
be protected. The report states “there are no other offsite trees that overhang the
development area or are located beyond it within a distance of up to 12 times their
estimated stem diameter. Several shrub species were noted but generally considered
not to come within the remit of the British Standard and individuals would only be
recorded if they had the stature of what one would ordinarily call a tree.” 
• Concern that the recommended safeguarding conditions contained within the report
of handling are insufficient to protect the copper beech from harm. 
Comment; at the time of issuing the main report of handling officers assessed the
information that they had before them and recommended the conditions as contained
within the main report of handling, subsequently the applicants commissioned a
further arboricultural report the details of which have been summarised in section 4
of this report. These findings have informed officer’s recommendations as contained
within this supplementary report. 
• Objector notes that the potential impact on the neighbouring copper beech tree
should be a material planning consideration. 
Comment; the original report of handling makes it clear that this is a material
consideration and it remains a material planning consideration. 
Note: All other comments are addressed in the main body of the report. Full details of
all representations can be view on the Council’s website at www.argyll-bute.gov.uk. It
is considered that the points that have been made are addressed appropriately above
and within the main report of handling. 
8) RECOMMENDATION  
It is recommended that planning permission be granted subject to the revised list of
conditions and reasons appended to this report. 
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REVISED CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO.
23/00652/PP
  
Standard Time Limit Condition (as defined by Regulation)  
  
Standard Condition on Soil Management During Construction  
  
Additional Conditions  
1. The development shall be implemented in accordance with the details specified on the
application form dated 23/04/2023, supporting information and, the approved drawings listed
in the table below unless the prior written approval of the planning authority is obtained for
an amendment to the approved details under Section 64 of the Town and Country Planning
(Scotland) Act 1997. 
Plan Title Plan Ref No Version Date Received
(PL)001 Existing
location plan & Block
plan
1 of 33 B 28.07.2023
(PL)002 Existing
ground floor plan
2 of 33 A 30.03.2023
(PL)003 Existing first
floor plan 
3 of 33 A 22.05.2023
(PL)004 Existing roof
plan 
4 of 33 B 18.09.2023
(PL)005 Existing
South elevation 
5 of 33 B 18.09.2023
(PL)006 Existing
West elevation 
6 of 33 B 18.09.2023
(PL)007 Existing
North elevation 
7 of 33 B 18.09.2023
(PL)008 Existing
East elevation 
8 of 33 B 18.09.2023
(PL)010 Proposed
location plan & Block
plan
9 of 33 E 05.02.2024
(PL)011 Proposed
ground floor plan 
10 of 33 D 05.02.2024
(PL)012 Proposed
first floor plan 
11 of 33 D 05.02.2024
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(PL)013 Proposed
roof plan 
12 of 33 E 05.02.2024
(PL)014 Proposed
South elevation 
13 of 33 E 05.02.2024
(PL)015 Proposed
West elevation 
14 of 33 D 05.02.2024
(PL)016 Proposed
North elevation 
15 of 33 E 05.02.2024
(PL)017 Proposed
East elevation 
16 of 33 E 05.02.2024
(PL)018 Proposed
section A-A
17 of 33 A 28.07.2023
(PL)020 Existing
window schedule 
18 of 33 A 22.05.2023
(PL)021 Proposed
window
replacements 
19 of 33 A 24.04.2023
(PL)030 Existing
door schedule 
20 of 33 A 22.05.2023
(PL)040 Images of
areas for demolition 
21 of 33 A 24.04.2023
(PL)050 Existing
section A-A
22 of 33 A 18.09.2023
(PL)051 Existing
section B-B
23 of 33 A 18.09.2023
(PL)052 Proposed
section C-C
24 of 33 A 18.09.2023
(PL)053 Proposed
section B-B
25 of 33 A 18.09.2023
(PL)054 Proposed
section C-C
26 of 33 A 18.09.2023
(PL)055 Proposed
section D-D
27 of 33 A 18.09.2023
(PL)056 Proposed
section E-E
28 of 33 A 18.09.2023
Proposed drainage
drawing 
29 of 33 D 06.02.2024
Windows design &
access statement 
30 of 33 A 24.04.2023
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Design & access
statement 
31 of 33 C 06.02.2024
Visual impact
assessment 
32 of 33 A 22.09.2023
Tree survey report  33 of 33 - 05.02.2024 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
2. Notwithstanding the effect of condition 1; Prior to work starting on site samples of the
proposed materials to be used for the external finishes of the development hereby granted
consent shall be submitted to and approved in writing by the Planning Authority prior to any
work starting on site. Samples to include; canopy finishes, render finish to external walls,
retaining wall finish, garage door finish, perforated 'scalloped' powder coated aluminium
cladding finish, roof finish, window frame finish and flashing finish. 
Reason:  In the interests of visual amenity and in order to integrate the proposal with its
surroundings. 
3. Notwithstanding the effect of condition 1; Prior to work starting on site full details of the
design of doors/windows to the proposed extension and garage shall be submitted to and
approved in writing by the Planning Authority in the form of drawings at a scale of 1:20.
Reasons:  To ensure appropriate detailing and to maintain the overall quality and character
of the development and the surrounding environment. 
4. Notwithstanding the effect of condition 1; Prior to work starting on site samples of the
natural stone proposed to be used for window infills and repairs to the existing building shall
be submitted to and approved in writing by the Planning Authority.
Reason:  To ensure that the materials to be used on the external surfaces of the existing
building match the existing building. 
5. Notwithstanding the effect of condition 1; Notwithstanding the details on the approved
plans the window replacements to the existing building shall be vertically sliding timber sash
and casement windows.  Details of all the windows, including the size of windows, size of
mullions, number of astragals, which shall physically divide the window into separate panes,
method of opening, depth of recess and colour shall be submitted in the form of drawings
scale 1:20 and shall be submitted to and approved in writing by the Planning Authority prior
to work starting on site.
Reason:  In the interests of visual amenity and to ensure that the proposals do not adversely
affect the architectural and historic character of the building. 
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6. Notwithstanding the effect of condition 1; Prior to work commencing on site full details of
the proposed reconstruction of the wall ends and any piers or gate posts and gate shall be
submitted to and approved in writing by the Planning Authority.
Reason:  To ensure that the development is undertaken in a manner which minimises the
visual impact of the alterations in the streetscape and preserves as far as possible the
integrity of the boundary wall in question. 
7. Notwithstanding the effect of condition 1; Development shall not begin until details of a
scheme of hard and soft landscaping works has been submitted to and approved in writing
by the Planning Authority.  Details of the scheme shall include: 
i) location and design, including materials, of walls, fences and gates
ii) Existing landscaping features and trees/vegetation to be retained;
iii) soft and hard landscaping works, including the location, type and size of each
individual tree and/or shrub
iv) programme for completion and subsequent on-going maintenance. 
All the hard and soft landscaping works shall be carried out in accordance with the scheme
approved in writing by the Planning Authority.  All planting, seeding or turfing as may be
comprised in the approved details shall be carried out in the first planting and seeding
seasons following the commencement of the development unless otherwise agreed in
writing with the Planning Authority. 
Any trees or plants which within a period of ten years from the completion of the
development die, 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. 
Please note that any hard landscaping proposed shall be permeable as to not impact on the
surface water drainage for the site. 
Reason:  To ensure the implementation of a satisfactory scheme of landscaping. 
8. Notwithstanding the effect of condition 1; all trees within and overhanging the application
site, must be protected in accordance with methods as set out in BS5837/2012 including the
erection of appropriate fencing during and until completion of all site operations and building
works. A lesser protection zone will be allowed in relation to the neighbouring copper beech
tree as per the approved tree protection plan contained within the Tree Survey Report dated
February 2024 prepared by Julian A Morris (doc ref; Issue 240205). The Arboricultural
Method Statement as contained within the Tree Survey Report dated February 2024
prepared by Julian A Morris (doc ref; Issue 240205) shall be adhered to in full, subject to the
pre-arranged tree protection monitoring and site supervision, by a suitably qualified tree
specialist. 
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Reason: To safeguard and enhance the character and amenity of the site and locality and to
avoid any irreversible damage to retained trees. 
9. Notwithstanding the effect of condition 1; Prior to work starting on site, full details of any
external lighting to be used within the site or along its access shall be submitted to and
approved in writing by the Planning Authority.  Such details shall include full details of the
location, type, angle of direction and wattage of each light which shall be so positioned and
angled to prevent any glare or light spillage outwith the site boundary.
Reason:  In order to avoid the potential of light pollution infringing on surrounding land
uses/properties. 
10. Notwithstanding the effect of condition 1; The first floor glazing to the North elevation
(shower room window) and the first floor glazing to the West elevation (behind the proposed
screening) of the proposed extension shall be of obscure glass and maintained in perpetuity
in obscure glass to the satisfaction of the Planning Authority.
Reason:  In order to protect the privacy and amenity of adjacent properties. 
11. Notwithstanding the effect of condition 1; Prior to work starting on site details of the
replacement chimney pots to the existing building shall be submitted to and approved in
writing by the Planning Authority.
Reason:  In the interests of visual amenity and to ensure that the proposals do not adversely
affect the architectural and historic character of the building. 
12. Notwithstanding the effect of condition 1; Prior to work starting on site identification and
assessment of all potential sources of nuisance, including noise/ vibration, dust, and any
temporary lighting provided, which may cause disturbance to nearby residents during the
demolition / construction process should be undertaken by the applicant. This should include
consideration of intended hours of operation, movement of vehicles, use of plant and storage
of equipment and materials on site.   
For all potential sources of nuisance the applicant will be required to provide a management
plan with details of suitable control measures to be put in place so as to ensure that
construction does not cause loss of amenity to local residents and/or statutory nuisance.  
Reason: In order to avoid sources of nuisance in the interest of amenity. 
13. Notwithstanding the effect of condition 1; In order to minimise, as far as necessary, the
level of noise and/or vibration to which nearby existing residents will be exposed during the
construction process the hours of operation of the site should be restricted to 08.00 to 18:30
Monday to Friday and 08.00 to 13.00 on Saturdays.  There should be no operation on
Sundays or Bank Holidays. 
Reason: In order to avoid sources of nuisance in the interest of amenity.
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Page 23

Argyll and Bute Council
Development and Economic Growth 
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 2013 relative to applications for Planning Permission or Planning Permission in
Principle 
Reference No: 23/00652/PP
Planning Hierarchy: Local Application
Applicant: Ms Gail Crawford
Proposal: Alterations and extensions
Site Address: 4 West Lennox Drive Helensburgh Argyll And Bute G84 9AD  
DECISION ROUTE   
Local Government Scotland Act 1973   
(A) THE APPLICATION 
i) Development Requiring Express Planning Permission
Alterations and extensions
Ground engineering works to repair and alter surface water drainage within the site
ii) Other Specified Operations
None 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it is
recommended that planning permission be granted subject to the conditions and reasons
appended to this report.
______________________________________________________________________________ 
(C) HISTORY: 
12/01550/TPO - Felling of one Cypress tree and one Silver Birch tree - Agreed 21.08.2012 
18/01894/TPO - Proposed felling of 2 trees- Agreed 13.09.2018       
(D) CONSULTATIONS: 
Environmental Health - Helensburgh And Lomond – 28.09.2023 -  No objection subject to
conditions 
Roads Helensburgh And Lomond - 31.07.2023 – No objection 
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Historic Environment Scotland - 10.07.2023 – No objection – consultation response notes; 
The Hill House is several streets away, with no inter-visibility with 4 West Lennox Drive, and is not
likely to experience any impacts on its setting. As well as Red Towers, we have also considered
potential impacts on nearby Category A-listed Brantwoode on Munro Drive West. We have
considered how the surroundings of Red Towers and Brantwoode contribute to an understanding,
appreciation, and experience of their cultural significance and do not think the proposed extensions
at 4 West Lennox Drive would have a significant adverse impact on their settings. 
Helensburgh Community Council - 10.07.2023 – objection – consultation response summarises; 
This planning application should be rejected by A&BC. The design of the extension to ‘Redholm’s’
western elevation is unattractive and inappropriate. It will make the house appear lop-sided and
destroy the attractive symmetry from its present central relationship with the site overall. And, it is
likely there will be serious negative impacts on the amenity of its ‘Whincroft’ neighbours. Finally, it
will damage – not enhance – the contribution ‘Redholm’ makes to the HCCA. Because of the
strongly-held, vociferous and well-argued opposition from neighbouring residents and with
‘Redholm’ sitting in the HCCA HCC asks that this application be determined by a public hearing of
Argyll & Bute Council’s PPSL committee. And not be behind closed doors. The residents deserve
no less and have full support of Helensburgh Community Council in their opposition to this
planning application. 
Built Heritage Conservation Officer - 23.06.2023, 03.08.2023, 26.09.2023 & 05.10.2023 – The
conservation officer’s key responses are detailed within the main body of this report. 
(E) PUBLICITY: 
Advert Type: Listed Building/Conservation Advert               Expiry Date: 29.06.2023 
(F) REPRESENTATIONS: 
A total of 29 representations have been received from third parties. 28 of these are
objections to the proposal and the remaining one is a representation. 
i) Representations received from: 
Objection 
Suzanne Hamilton Whincroft 2A Upper Colquhoun Street Helensburgh  07.06.2023,
16.08.2023, 22.09.2023, 05.10.2023
Scott Hamilton Whincroft, 2A Upper Colquhoun Street Helensburgh Argyll And Bute G84
9AQ 07.06.2023, 05.10.2023
Lesley Carruthers Address Not Provided    13.06.2023
Ron Cromar Lower Culverden 2 West Lennox Drive Helensburgh Argyll And Bute
13.06.2023
Anne Cromar Lower Culverden 2 West Lennox Drive Helensburgh Argyll And Bute
13.06.2023
Russell Vallance Redtowers 4 West Douglas Drive Helensburgh Argyll And Bute
08.06.2023, 30.08.2023
Sally Butt Upper Culverden 2A West Lennox Drive Helensburgh Argyll And Bute
13.06.2023, 31.08.2023
Gillian Sproul Redtowers 4 West Douglas Drive Helensburgh Argyll And Bute 08.06.2023,
30.08.2023
Corinne Henderson Brantwoode  4 Munro Drive West  Helensburgh  G84 9AA 12.06.2023,
05.10.2023
Ruth Munro 2 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ 12.06.2023
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David Henderson Brantwoode  4 Munro Drive West  Helensburgh  G84 9AA 12.06.2023,
20.07.2023, 05.10.2023
Theresa Fury 11 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ
01.07.2023
Michael Davis 79 Main Street Ochiltree East Ayrshire KA18 2PE 10.07.2023
Sonia Sharp 17 Harris Grove East Kilbride Glasgow G75 8TU 24.06.2023
John Butt Upper Culverden 2A West Lennox Drive Helensburgh Argyll And Bute
13.06.2023, 31.08.2023
Neil Douglas 4 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AH 15.07.2023
Max Carruthers 5 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ
13.06.2023
Alastair Wilson 7 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ
04.06.2023, 05.10.2023
Janette Wilson 7 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ
12.06.2023
Ruth Munro 2 Upper Colquhoun Street Helensburgh Argyll And Bute G84 9AQ 13.06.2023
Liliana Sheychenko 6 West Munro Drive Helensburgh Argyll And Bute G84 9AA 08.06.2023
Mr Garry Sharp 17 Harris Grove East Kilbride Glasgow G75 8TU 23.06.2023
John Shelton 3 West Douglas Drive Helensburgh Argyll And Bute G84 9AL 26.06.2023,
18.07.2023, 11.06.2023, 25.09.2023, 28.09.2023, 02.10.2023
San Choi Wong 1 West Douglas Drive Helensburgh Argyll And Bute G84 9AL 13.06.2023
Sally Shelton 3 West Douglas Drive Helensburgh Argyll And Bute G84 9AL 13.06.2023,
28.09.2023
Sheila Clarke 25 Larchfield Colquhoun Street Helensburgh Argyll And Bute 01.07.2023
Alistair McLuskey 6 West Munro Drive Helensburgh Argyll And Bute G84 9AA 05.07.2023,
07.06.2023, 24.09.2023, 02.10.2023 
Representation
Gary Mulvaney No Address Given    16.08.2023 
ii) Summary of issues raised: 
Note that the massing of the proposed extensions is not in keeping with the existing
property 
Comment; Please see full assessment below 
Concern that the modern extensions will be out of keeping with the existing traditional
property 
Comment; Please see full assessment below 
Concern about the impact of the proposals on the setting of the nearby A listed properties
as well as the neighbouring B listed property 
Comment; Please see full assessment below 
Note that the footprint of the proposed extension and garage will negatively affect the
existing surface water drainage for the site 
Comment; The applicants have submitted drainage plans which indicate proposed repairs
and alterations to the existing drainage which are considered acceptable. The increased
size of the built element on the site is approximately 80sqm which is not considered to be
significant enough to result in the requirement for additional surface water drainage 
Concern that the proposed drainage for surface water is insufficient 
Comment; Plans have been submitted to show a re-routed and repaired method of surface
water drainage for the site which will tie back into the existing surface water drainage for
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the site. I have been to site and viewed the issues with the current broken surface water
drainage and I am content that the proposed alterations to reinstate this are sufficient. As
this is a proposed extension and not a new build there is no requirement for the applicants
to install a new SUDS system. They do however require consent to alter the existing
drainage which is broken given this involves engineering works. They intend to do this by
digging a new french drain at the rear of the site to pick up the broken field drains which
where discharging water into the solum of the property and then route the new field drain to
the front of the property to tie in with the existing drainage discharge 
Concern that the existing combined sewerage pipe could be compromised by the proposed
repairs and alterations to surface water drainage 
Comment: this is noted however, should this occur then this would be a private civil matter 
Concern that the proposed hard landscaping will cause further issues with surface water
drainage 
Comment: this is noted and I would note that a safeguarding condition should be added to
the decision notice requiring that a scheme of hard and soft landscaping is submitted to and
approved by the authority prior to works starting on site and that any hard landscaping
proposed must be permeable 
Concern that the proposed extension and drainage works will affect the roots of an
important copper beach tree located within the neighbouring garden   
Comment; This is noted and I have visited the site to understand where the extension will
lay in relation to the tree roots. It is confirmed that the proposed extension is out with this
trees canopy. However, a safe guarding condition will be added to the decision notice
requiring that this tree is protected at all times during construction works. It is also noted
that a TPO is being sought by the authority to further safeguard this tree 
Concern that the proposed extension will result in the overshadowing and loss of privacy to
neighbouring properties 
Comment; Please see full assessment below 
Note that trees have been removed within the proposals site without consent 
Comment; This is being dealt with as a separate enforcement matter 
Note that the property is not as neglected as the application portrays 
Comment; I have visited site and viewed the property both internally and externally and
therefore have a good understanding of the current state of the property to inform my
recommendations 
Note that the existing rooms on the floor plans are mislabelled by way of an existing study
being marked as a bathroom 
Comment; As the property is not listed any internal alterations to the existing property do
not require consent 
Concern that the trees indicated on submitted plans are not correctly shown 
Comment; I have visited the site and therefore have a good understanding of the existing
trees within the site and surrounding the property 
Concern in regards to unauthorised ground works that have taken place on the site and are
yet to be rectified 
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Comment; This is being dealt with as a separate enforcement matter 
Concern that the drawings submitted do not show the finished external ground levels on the
site in particular to the rear where the unauthorised ground works have taken place 
Comment; The applicants have provided updated sections which adequately show the
proposals for these areas 
Concern that the viewpoints used by the applicants in showing the impacts of the proposal
on the wider conservation area are inaccurate 
Comment; I have visited the site and the surrounding conservation area with the design
and conservation officer and therefore have a good understanding of the surrounding
conservation area and viewpoints used and do not consider the viewpoints used by the
applicant to be inaccurate 
Note that neighbours would request a site visit from committee members so they best
understand the site prior to determining the application 
Comment; This is noted and members will be informed that this has been requested 
Note that neighbours also request a public hearing to voice their concerns 
Comment; This is noted and members will be informed that this has been requested
however, we are not recommending this 
Concern that extension will overlook neighbouring properties and in particular the first floor
terrace will overlook the front garden and bedroom window of Whincroft (2a Upper
Colquhoun). 
Comment; Please see full assessment below 
Concern that the property might be sub-divided in the future 
Comment; no subdivision has been applied for or indicated at this time. Should the
applicants chose to peruse this in the future, this would result in the need for a further
application 
Concern that the proposals will harm the character of the surrounding conservation area 
Comment; The design and conservation officer as well as Historic Environment Scotland
have been consulted on the proposals and I will summarise their views in my assessment
below 
Concern that the precedents used by the applicants within their submission are not within
the immediate conservation area 
Comment; This is noted   
Concern that the setting of the A listed Hill House will be effected by the proposals indirectly
as visitors will pass the site on route to the Hill House and this has not been considered 
Comment; Historic Environment Scotland have been consulted on the proposals (summary
of their comment in Section D above and I will summarise their views in my assessment
below in relation to the setting of the Hill House 
Concern that the planting within the site does not positively contribute to the wider
conservation area 
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Comment; A safe guarding condition will be appended to the decision notice to require that
a scheme of planting is submitted to and approved by the authority prior to works starting
on site. It is further noted that the bio-diversity officer will be consulted on this 
Note that the drainage is shared within neighbouring title deeds 
Comment; this is a private civil matter 
Concern that the perforated metal cladding which is to be used on section of the first floor
extension will affect the privacy of neighbouring properties   
Comment; This is noted however it is not considered that this material will allow the glazing
to act as a window as it is a form off screening. A safeguarding condition will be added to
the decision notice requiring samples of all external materials are submitted to and
approved by the authority prior to work starting on site and a further safeguarding condition
will be added to require that the gazing behind this screening is to be opaque 
Concern about the scale of the extensions in terms of overdevelopment of the plot as a
whole 
Comment; This is noted however, the proposed extensions are not considered to be
overdevelopment of the site as the resultant built element on the site is not more than 33%
of the overall site 
Note that the removal of the existing chimneys, removal of the existing single story
extension and alterations to the existing apex roof will affect the character of the existing
property and wider conservation area 
Comment; Please note that the applicants have amended their proposals and have omitted
the proposed roof alterations, they have also amended the design to show to the retention
of the two front chimneys, please see full assessment below for further details on this   
Note that the revisions to retain two of the chimneys is still not acceptable 
Comment; Please see full assessment below 
Concern about the proposed repairs to the stonework 
Comment; Please see full assessment below, it is also noted that any replacement to the
stonework will require samples by way of a recommended condition and that no consent is
required to undertake repairs to the property as it is not listed such as the proposed lithomix
repairs 
Concern that the proposed rear canopy will affect the central stained glass window to the
rear elevation 
Comment; This is noted however the applicants have submitted drawings to show that the
canopy proposed will not harm the stained glass window as it is set proud 
Concern that approval of this application would set a precedent 
Comment; This noted however each application is assessed on its own merits 
Note that the flat roof extensions are not in keeping with the surrounding conservation area
or the existing property 
Comment; Please see detailed assessment below 
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Note that the proposed external materials are not in keeping with the existing building or
wider conservation area and note that traditional material should be used 
Comment; Please see detailed assessment below 
Note that the existing detached garage should not be demolished to preserve the character
of the conservation area 
Comment; The existing garage is not considered to enhance the wider conservation area
and is of low quality design, the replacement of this garage with a more appropriate
alternative would be considered to enhance the wider conservation area 
Concern that the proposed garage is larger in scale, has a flat roof and does not have the
same level of separation that the existing garage affords 
Comment; Please see detailed assessment below 
Concern that the proposed gym which is close to neighbouring properties will result in noise 
Comment; Environmental health have been consulted and have raised no objection in this
regard 
Note that the internal fireplaces could be lost 
Comment; the existing property is not listed therefore no permission is required for any
internal alterations 
Note that the existing windows are in good condition and do not require replacement 
Comment; this is noted however I have visited site and viewed the condition of the
windows in person, the proposed replacements as detailed are timber sash and case
replicas but with double glazing, these are considered to be high quality 
Note that the applicants have noted that no trees or on or adjacent to the proposals on the
application from and that the drawings showing trees are also incorrect 
Comment; I have visited the site and therefore have a good understanding of the existing
trees within the site and surrounding the property and please see the detailed assessment
below 
Note that the property is not in the sole ownership of the applicant as indicated on the
application form 
Comment; This is a private civil matter 
Note that the application form also notes that no work has started on site and this is not
correct as ground works have begun 
Comment; This is noted and the unauthorised works are being dealt with as a separate
enforcement matter 
Concern that the proposals will negatively affect the daylight levels to surrounding
properties 
Comment; Please see full assessment below 
Note that one of the gate posts has been dismantled and set aside 
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Comment; this is noted, the applicants have updated the drawings to show this gate post
being reinstated on completion of the works 
Note that the removal of two number windows to the East Elevation of the existing building
is unacceptable 
Comment; Please see full assessment below 
Note that the original internal ceiling details should not be lost 
Comment; the existing property is not listed therefore no permission is required for any
internal alterations 
Concern in regards to the use of the temporary enclosure of the Hill House as a design
precedent 
Comment; This would not be taken into account as this is a temporary structure 
Query as to how far the proposed extension will be to the adjacent properties boundary 
Comment; Drawings indicate that the ground floor of the proposed extension will be
approximately just over 5m from the boundary 
Note that the boundary hedge as shown on the drawings is in joint owner ship and not in
the sole ownership of the applicants property’s as indicated on the drawings 
Comment; This is a private civil matter 
Note that the original ridge tiles should not be replaced with zinc 
Comment; Please see full assessment below 
Representations are published in full on the planning application file and are available to view
via the Public Access section of the Council’s website. 
(G) SUPPORTING INFORMATION 
i) Environmental Statement: N/A 
ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994:
N/A 
iii) A design or design/access statement: The applicants have provided a summary of their
proposals within the opening statement of their original and revised D&A statement as
follows; 
The proposal is a full internal refurbishment and large contemporary extension to the rear of an
unlisted Victorian villa which sits in the Hill House Conservation Area. The existing property
consists of a series of grand rooms with significant decorative features, arranged in a formal
manner reflective of the time in which it was built. In addition to a full renovation of the existing
building to suit a growing family, the client’s brief required a new open-plan, light filled kitchen
and dining space suited to modern living, with a connection to the garden. The main design
changes are proposed for the ground floor. We propose the removal of the existing extension
to the north-west corner of the property, allowing us to radically transform the internal space,
opening up the corner of the site to create a large central heart to the new home. This new
generous open-plan layout will aim to rationalise how one moves and circulates throughout the
house, which currently is disadvantaged by the disconnected cellular spaces of the traditional
layout. Albeit striking, the scheme seeks to deliver a balanced contemporary interpretation of a
house extension to a traditional Scottish Architecture that reflects and respects the original
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guise of the building by modernising, yet not overpowering it. To create such a building of this
flexibility, a high level of nuanced design in terms of materiality and massing articulation had to
be considered. There are also a number of holding works we have proposed to the house to
ensure its long term survival; 
- Removal of redundant chimneys
- Localised roof repairs
- Refurbishment / Replacement of existing windows
- Localised Sandstone repairs
- Damp treatment 
This document also includes; a contextual analysis, an overview of the proposals, a visual
impact assessment and the proposed tree protection measures. 
iv) A report on the impact of the proposed development e.g. Retail impact, transport impact,
noise impact, flood risk, drainage impact etc: N/A 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:  N 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or
32: N 
(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. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 16 – Quality Homes
NPF4 Policy 22 – Flood Risk and Water Management 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment 
LDP 9 – Development Setting, Layout and Design 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted March
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2016 & December 2016) 
Natural Environment
SG LDP ENV 6 – Impact on Trees / Woodland 
Historic Environment and Archaeology
SG LDP ENV 16(a) – Impact on Listed Buildings
SG LDP ENV 17 – Development in Conservation Areas and Special Built Environment
Areas (SBEAs)
SG LDP ENV 18 – Demolition in Conservation Areas 
Sustainable Siting and Design
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption
SG LDP SERV 2 – Incorporation of Natural Features / SuDS 
(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
3/2013. 
• Third Party Representations
• Consultation Reponses
• Planning History
• ABC draft Technical Note – Argyll and Bute Windows (April 2018)  
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The Examination
by Scottish Government Reporters to the Argyll and Bute Local Development Plan 2 has
now concluded and the Examination Report has been published (13th June 2023). The
Examination Report is a material consideration of significant weight and may be used as
such until the conclusion of the LDP2 Adoption Process. Consequently, the Proposed
Local Development Plan 2 as recommended to be modified by the Examination Report
and the published Non Notifiable Modifications is a material consideration in the
determination of all planning and related applications. 
Spatial and Settlement Strategy
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings
Policy 17 – Conservation Areas 
Sustainable Communities
Policy 61 – Sustainable Urban Drainage Systems (SUDS) 
High Quality Environment
Policy 77 – Forestry, Woodland and Trees 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact
Assessment: No EIA is required. 
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(L) Has the application been subject of statutory pre-application consultation (PAC):   
No Pre-application consultation required . 
(M) Has a sustainability check list been submitted: N/A 
(N) Does the Council have an interest in the site: No   
(O) Requirement for a pre-determination hearing: No   
(P)(i) Key Constraints/Designations Affected by the Development:
• Conservation Area
• Listed Buildings 
(P)(ii) Soils
Agricultural Land Classification:  Built Up Area
Peatland/Carbon Rich Soils Classification: N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? No
Would the development restrict access to
croft or better quality agricultural land?
N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
No 
Does the proposal include any replacement
or compensatory planting?
N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application Brownfield 
ABC LDP 2015 Settlement Strategy 
Main Town Settlement Area 
ABC pLDP2 Settlement Strategy
Settlement Area 
ABC LDP 2015 Allocations/PDAs/AFAs
etc: N/A
ABC pLDP2 Allocations/PDAs/AFAs etc: N/A 
(P)(v) Summary of Assessment and summary of determining issues and material
considerations: 
Site Description 
Planning permission is sought for the alterations and extensions to an existing detached
two storey traditional villa located at; 4 West Lennox Drive, Helensburgh. The existing
property is located within the Helensburgh Hill House Conservation Area and is directly
adjacent to a category B listed property. Located on the opposite side of the street from the
site is A listed Brantwoode and adjacent to this is B listed Strathmoyne. Furthermore,
located on the street behind the site is A listed Red Towers and adjacent to this is B listed
Tordarroch. It is noted that historically the site was subdivided and a modern dwelling was
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built within the rear garden grounds. The area surrounding the property is a well-
established residential area consisting of several listed properties as noted above, set with
large plots as well as some modern dwellings which have been built within the garden
grounds of the original villas. 
The house plot measures approximately 2165sqm, the existing house including the single
storey element has a footprint of approximately 216sqm, with the single storey element
having a footprint of 55sqm. The existing garage has a footprint of approximately 30sqm
and the timber sheds have a combined footprint of approximately 18sqm bringing the total
built element on site to approximately 264sqm. The existing house is sited towards the rear
of the plot with a large front garden. The site gently slopes downhill from North to South. 
Proposal Description
The proposal seeks to remove the single storey hipped roof element and replace this with a
new two storey extension. This proposed extension has a footprint of 90sqm whereas the
original single storey element had a foot print of 55sqm. The proposal also sees to remove
the existing garage which has a footprint of 30sqm and replace this with a larger garage /
gym which has a footprint of 70sqm. The proposal also seeks to introduce a covered
external ‘link’ canopy between the garage / gym and the new extension, this has a footprint
of 25sqm. The proposals also seek to remove the timber garden sheds. In summary the
resultant total built element on the site would be approximately 346sqm in lieu of the
264sqm at present (an increase of 82sqm). This would represent less than 20% of the site
being built up which is well under the 33% threshold considered to be overdevelopment. It
is also noted that the footprint of the proposed first floor of the extension extends to
approximately 50sqm. 
The single storey elements of the proposals have a roof height of 3.2m and the two storey
element has a roof height of 6.4m. In contrast the existing single storey element has an
eaves height of approximately 2.5m and a ridge height of approximately 4.3m. 
It is also proposed to alter the existing property on site by replacing 35 existing windows,
repairing any stained glass windows, repairing the existing masonry / render, repairing /
replacing the existing cast iron rainwater goods to match existing, removal of two first floor
windows to West elevation and openings infilled with reclaimed sandstone, removal of
existing ground floor window opening to West elevation and opening to be utilised as an
internal doorway into the proposed extension, removal of a double ground floor window to
North elevation and opening infilled with reclaimed sandstone, removing two of the four
chimneys and also roof repairs including lead repairs and replacement, replacement of the
existing cement ridge tiles with zinc ridge sheets and replacement of the existing chimney
pots. It is noted that the applicants have revised their proposals as originally they had
sought to remove three chimneys and had also sought to alter the roof design. The
proposals have been revised to omit the originally proposed roof design alterations and
also now seek to remove two chimneys as opposed to the three originally applied for. The
proposed window replacements are double glazed timber sash and case to match the
design of the originals. 
The proposed external finishes for the extensions and garage are as follows; external walls
including retaining walls (ground floor) - muted pink colour external render finish, external
walls (first floor) - perforated 'scalloped' powder coated aluminium sheets colour  muted
green, external canopy - dark weathering steel finish, flat roofs - dark grey Sarnafil,
windows – framed PPC aluminium, first floor terrace balustrade – glazed and roof flashing
to garage - PPC flashing to colour match external canopy. 
Summary of Assessment
The proposed extensions and replacement garage are located to the sides and rear of the
existing property. In terms of the design of the proposed extensions these are
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contemporary in materials and massing and seek to create a clear and defined stance on
what is new and what is old. In this regards the following polices are considered. 
It should be noted that the full assessment is contained within Appendix 1 of this report. 
NPF4 Policy 14 sets out 6 qualities of successful places. Of particular note is ‘Distinctive –
supporting attention to detail of local architectural styles and natural landscapes to be
interpreted, literally or creatively, into designs to reinforce identity.’ NPF4 Policy 16 states
that householder developments will be supported where they ‘do not have a detrimental
impact on the character or environmental quality of the home and the surrounding area in
terms of size, design and materials’. 
LDP Sustainable Siting and Design Principles requires that the development should
integrate into the existing built form, and also to reflect the character of the original
dwellinghouse. 
Furthermore the design and conservation officer has noted within her consultation response
that; ‘LDP2 design policy has changed from the current LDP and is generally more
supporting of contemporary design. Rather than requiring that the character of the original
dwellinghouse is reflected, LDP2 Policy 10 requires that development responds
appropriately to the site and wider context but that materials are legible as being
contemporary design. Additionally, LDP2 places a requirement to consider the embodied
energy and durability of proposed materials.’ 
The proposed new extension seeks to use the heavier appearing finishes to the ground
floor with the lightweight materials to the first floor. This is to make the design appear lighter
as it increase a storey. This coupled with the reduced footprint of the propped first floor and
the set back at first floor allows the proposed first floor extension to appear subservient to
the existing property and does not dominate it. 
NPF4 policy 7 (d) requires that the character and appearance of the conservation area be
preserved or enhanced. It sets out relevant considerations of: architectural and historic
character; existing density, built form and layout; and context and siting, quality of design
and suitable materials. LDP SG ENV 17 also requires that the character or appearance of
the conservation area be preserved or enhanced, and LDP2 Policy 17 is substantially the
same. 
In terms of the proposed window replacements I would the design and conservation officer
has provided comments on this and notes; ‘There is a preference for retaining historic
windows where possible however the policy test is whether the proposal preserves the
character or appearance of the conservation area. In this case I must concede that suitable
replacements could be fitted without being contrary to this policy. To clarify, the house
makes a contribution towards Helensburgh’s conservation area but as it is an individual
house type rather than a uniform townscape block, and as the building is not listed and
there is no requirement to preserve the special historic or architectural interest of the
building, whether or not the existing windows remain and are repaired, or new high quality
windows that have a similar appearance, will not affect the overall character or appearance
of the conservation area.’ 
In relation to the existing building and in terms of the removal of the existing single storey
element along with the existing non-original detached garage the Design and Conservation
Area officer has further noted; ‘Justification has been provided in terms of the viability of
repair of the garage and side extension including the limited potential of thermal upgrades.
In this case I therefore have no further comment on, or objection to, their removal.’’ 
In terms of the proposed alterations to the existing building is it considered that these when
considered cumulatively do not have an adverse effect on the character of the existing
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property nor on the wider conservation area. Again the design and conservation officer has
further comment on this as follows; ‘The policy test is whether the development would
preserve or enhance the character or appearance of the conservation area, and whether it
would preserve the character, special architectural or historic interest of the setting of any
listed buildings. As noted in my consultation responses I feel that the design of the
contemporary extension is well thought through and is a positive contribution within the
conservation area. I have had concerns over chimney removal and roof reconfiguration and
these have been discussed with the agent. The planning officer and myself agreed that the
cumulative impact pushed the change in character and appearance to be contrary to policy,
however the settled proposal of retaining 2 chimneys and the rear roof reconfiguration is in
my view, satisfactory in policy terms as the overall character and appearance of the
conservation area will be preserved. Whilst the contemporary extension obviously changes
the appearance of the house, I believe that it is complimentary and complies in policy terms
with NPF4 Policy 7 (d) and LDP2 Policy 16.’ 
External landscaping has also been proposed which is mix of dark and light grey pavers
and concrete along with raised planting beds and areas of indicated planting. This
information is limited and I would propose to attach a safeguarding condition to any
approval requiring that a scheme of hard and soft landscaping is submitted to and approved
by the authority prior to works starting on site. This would include any planting which would
be considered by the biodiversity officer. I would also note that any hard landscaping would
require to be permeable as to not affect the surface water drainage. A retaining wall is also
proposed along the Northern boundary that will return around the East and West
boundaries to the rear of the existing property. Within the site there are approximately 12
trees that bound the eastern boundary, a single large tree at the southern boundary and 3
trees along the western boundary, no works or removals have been proposed to any trees
within the site. In terms of the existing trees on site and any neighbouring trees that may be
effected by the proposals such as the large copper beach tree within the adjoining garden
of 2 Upper Colquhoun Street, Helensburgh which will have its roots within the sites
boundary, it is recommended that these trees will be protected by safeguarding conditions
that special protection measures are put in place and maintained during all construction as
follows; no excavation shall be undertaken below the canopy of any tree to be retained
including the neighbouring copper beach tree and that a 1.2 metre high fence is to be
erected at least one metre beyond the canopy of each tree to be retained including the
neighbouring copper beach tree. 
It is noted that Historic Environment Scotland have been consulted on the proposals due to
the possible effects on surrounding listed properties and they have noted; ‘The Hill House is
several streets away, with no intervisibility with 4 West Lennox Drive, and is not likely to
experience any impacts on its setting. As well as Red Towers, we have also considered
potential impacts on nearby Category A-listed Brantwoode on Munro Drive West. We have
considered how the surroundings of Red Towers and Brantwoode contribute to an
understanding, appreciation, and experience of their cultural significance and do not think
the proposed extensions at 4 West Lennox Drive would have a significant adverse impact
on their settings.’ 
NPF4 Policy 16 and LDP SG Sustainable siting and design guide require that proposals do
not have a detrimental effect on neighbouring properties in terms of overshadowing or
overlooking. It is considered that the proposed extensions will not effect daylight into
neighbouring properties or gardens by way of overshadowing as they are set back far
enough from the boundaries that when the 45 degreed daylight test is applied the existing
hedge screening mitigates any potential impacts including the first floor element. It is also
noted that window to window and privacy issues have been considered and I would confirm
that following; there are no privacy issues arising form the proposed areas of additional
glazing from the front elevation, there are no privacy issues arising on the East elevation as
no additional glazing is proposed, to the rear at ground level a double window will be
removed and a large area of glazing installed to the proposed extension this will not create
any privacy issues as there is existing screening along the Northern boundary and to the
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first floor of the proposed extension glazing is proposed to the new shower room which is
over 18m from the neighbouring property to the rear, furthermore, the shower room is not a
habitable room (a safeguarding condition is proposed to require that this window be of
opaque glazing), to the West elevation at ground level glazing is proposed to the gym this is
over 18m from neighbouring properties and glazing is also proposed to the ground floor
extension, the existing extension to be removed had glazing on this elevation also and the
new glazing is successfully screened by existing planting, lastly to the first floor of the
proposed extension on the West elevation perforated steel cladding is proposed, this
cladding is a form of screening and is not considered to create any issues with privacy (a
safeguarding condition has been recommend to request samples of this material to be
approved prior to works starting on site – this again will be to ensure that this screening is
adequate it is also recommended that a safeguarding condition is added that requires the
glazing behind this section of screening be opaque), furthermore, two existing windows are
to be removed from this elevation which again mitigates privacy concerns. Lastly the first
floor terrace that is proposed is minimal in size and is screened by the existing large copper
beach tree located within the neighbouring garden (subject to separate TPO consideration),
furthermore, there is an existing level of overlook from the first floor windows, therefore, the
limited additional element of overlooking is considered to be within acceptable limits. 
Lastly, I would add that during the determination process the applicants have submitted
plans to show a re-routed and repaired surface water drainage scheme for the site. It is
noted that consent is not required for the repair of existing drainage but is required if there
are proposed alterations to this. As such the applicant has submitted drawing to show the
surface water drainage alterations. I have been to site and viewed the issues with the
current broken surface water drainage and I am content that the proposed alterations to
reinstate and alter this are sufficient. As this is a proposed extension and not a new build
there is no requirement for the applicants to install a new SUDS system. The submitted
drawings show a new french drain running along the northern boundary of the rear site to
pick up the broken field drains which where discharging water into the solum of the property
and then route the new field drain to the front of the property to tie in with the existing
drainage discharge. These proposals would accord with NPF4 Policy 22, SG LDP SERV 2
and LDP2 Policy 61. 
To summarise the proposed extensions and replacement garage are not considered to be
overdevelopment of the site, the proposed design is considered to be subservient to the
donor house as does not dominate it, the clear and deliberate  design delineation between
the old and the new is welcomed as is in line with policy, the proposed materials are high
quality and respect the character of the existing property and wider conservation area, it is
not considered that the proposals negatively affect the setting of surrounding listed
properties and it is considered that this contemporary extension to a traditional villa is in
keeping with the character of the wider conservation area and successfully enhances it.
Furthermore, the proposals raise no issues in terms of overlooking, loss of daylight / privacy
or amenity to surrounding properties. It is therefore considered that the proposal is in
accordance with NPF 4 polices; 1, 2, 3, 6, 7,14, 16 and 22 and Policies LDP STRAT 1, LDP
DM1, LDP 3, LDP 9, SG LDP ENV 6, SG LDP ENV 16(a), SG LDP ENV 17, SG LDP ENV
18, SG LDP SERV 2 and SG LDP - Sustainable Siting and Design Principles of the Argyll &
Bute Council Local Development Plan as well as Policies 01, 04, 05, 08, 09, 10, 15, 16, 17,
61 and 77 of LDP 2. Taking account of the above, it is recommended that planning
permission be granted.
______________________________________________________________________________
(Q) Is the proposal consistent with the Development Plan: Yes 
(R) Reasons why Planning Permission or a Planning Permission in Principle should be
granted: 
The proposal accords with NPF 4 polices; 1, 2, 3, 6, 7, 14, 16 and 22 and Policies LDP
STRAT 1, LDP DM1, LDP 3, LDP 9, SG LDP ENV 6, SG LDP ENV 16(a), SG LDP ENV 17,
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SG LDP ENV 18, SG LDP SERV 2 and SG LDP - Sustainable Siting and Design Principles
of the Argyll & Bute Council Local Development Plan as well as Policies 01, 04, 05, 08, 09,
10, 15, 16, 17, 61 and 77 of LDP 2 and there are no other material considerations which
would warrant anything other than the application being determined in accordance with the
provisions of the development plan. 
(S) Reasoned justification for a departure to the provisions of the Development Plan: 
No Departure 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland: No 
Author of Report: Emma Jane   Date: 18.09.2023 
Reviewing Officer: 
Kirsty Sweeney 
Area Team Leader
Dated: 29.09.2023 
Fergus Murray
Head of Development and Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00652/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
1. The development shall be implemented in accordance with the details specified on the
application form dated 23/04/2023, supporting information and, the approved drawings listed in the
table below unless the prior written approval of the planning authority is obtained for an
amendment to the approved details under Section 64 of the Town and Country Planning (Scotland)
Act 1997.  
Plan Title Plan Ref No Version Date Received
(PL)001 Existing
location plan &
Block plan
1 of 32 B 28.07.2023
(PL)002 Existing
ground floor plan
2 of 32 A 30.03.2023
(PL)003 Existing
first floor plan 
3 of 32 A 22.05.2023
(PL)004 Existing
roof plan 
4 of 32 B 18.09.2023
(PL)005 Existing
South elevation 
5 of 32 B 18.09.2023
(PL)006 Existing
West elevation 
6 of 32 B 18.09.2023
(PL)007 Existing
North elevation 
7 of 32 B 18.09.2023
(PL)008 Existing
East elevation 
8 of 32 B 18.09.2023
(PL)010 Proposed
location plan &
Block plan
9 of 32 C 18.09.2023
(PL)011 Proposed
ground floor plan 
10 of 32 B 28.07.2023
(PL)012 Proposed
first floor plan 
11 of 32 B 28.07.2023
(PL)013 Proposed
roof plan 
12 of 32 C 18.09.2023
(PL)014 Proposed
South elevation 
13 of 32 C 18.09.2023
(PL)015 Proposed
West elevation 
14 of 32 C 18.09.2023
(PL)016 Proposed
North elevation 
15 of 32 C 18.09.2023
(PL)017 Proposed
East elevation 
16 of 32 C 18.09.2023
(PL)018 Proposed
section A-A
17 of 32 A 28.07.2023
(PL)020 Existing
window schedule 
18 of 32 A 22.05.2023
(PL)021 Proposed 19 of 32 A 24.04.2023
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window
replacements 
(PL)030 Existing
door schedule 
20 of 32 A 22.05.2023
(PL)040 Images of
areas for
demolition 
21 of 32 A 24.04.2023
(PL)050 Existing
section A-A
22 of 32 A 18.09.2023
(PL)051 Existing
section B-B
23 of 32 A 18.09.2023
(PL)052 Proposed
section C-C
24 of 32 A 18.09.2023
(PL)053 Proposed
section B-B
25 of 32 A 18.09.2023
(PL)054 Proposed
section C-C
26 of 32 A 18.09.2023
(PL)055 Proposed
section D-D
27 of 32 A 18.09.2023
(PL)056 Proposed
section E-E
28 of 32 A 18.09.2023
Proposed drainage
drawing 
29 of 32 C 28.07.2023
Windows design &
access statement 
30 of 32 A 24.04.2023
Design & access
statement 
31 of 32 B 28.07.2023
Visual impact
assessment 
32 of 32 A 22.09.2023 
Reason: For the purpose of clarity, to ensure that the development is implemented in accordance
with the approved details. 
2. Notwithstanding the effect of condition 1; Prior to work starting on site samples of the proposed
materials to be used for the external finishes of the development hereby granted consent shall be
submitted to and approved in writing by the Planning Authority prior to any work starting on site.
Samples to include; canopy finishes, render finish to external walls, retaining wall finish, garage
door finish, perforated 'scalloped' powder coated aluminium cladding finish, roof finish, window
frame finish and flashing finish. 
Reason:  In the interests of visual amenity and in order to integrate the proposal with its
surroundings. 
3. Notwithstanding the effect of condition 1; Prior to work starting on site full details of the design of
doors/windows to the proposed extension and garage shall be submitted to and approved in writing
by the Planning Authority in the form of drawings at a scale of 1:20. 
Reasons:  To ensure appropriate detailing and to maintain the overall quality and character of the
development and the surrounding environment. 
4. Notwithstanding the effect of condition 1; Prior to work starting on site samples of the natural
stone proposed to be used for window infills and repairs to the existing building shall be submitted
to and approved in writing by the Planning Authority.
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Reason:  To ensure that the materials to be used on the external surfaces of the existing building
match the existing building. 
5. Notwithstanding the effect of condition 1; Notwithstanding the details on the approved plans the
window replacements to the existing building shall be vertically sliding timber sash and casement
windows.  Details of all the windows, including the size of windows, size of mullions, number of
astragals, which shall physically divide the window into separate panes, method of opening, depth
of recess and colour shall be submitted in the form of drawings scale 1:20 and shall be submitted
to and approved in writing by the Planning Authority prior to work starting on site. 
Reason:  In the interests of visual amenity and to ensure that the proposals do not adversely affect
the architectural and historic character of the building. 
6. Notwithstanding the effect of condition 1; Prior to work commencing on site full details of the
proposed reconstruction of the wall ends and any piers or gate posts and gate shall be submitted
to and approved in writing by the Planning Authority. 
Reason:  To ensure that the development is undertaken in a manner which minimises the visual
impact of the alterations in the streetscape and preserves as far as possible the integrity of the
boundary wall in question. 
7. Notwithstanding the effect of condition 1; Development shall not begin until details of a scheme
of hard and soft landscaping works has been submitted to and approved in writing by the Planning
Authority.  Details of the scheme shall include: 
i) location and design, including materials, of walls, fences and gates
ii) Existing landscaping features and trees/vegetation to be retained;
iii) soft and hard landscaping works, including the location, type and size of each individual
tree and/or shrub
iv) programme for completion and subsequent on-going maintenance. 
All the hard and soft landscaping works shall be carried out in accordance with the scheme
approved in writing by the Planning Authority.  All planting, seeding or turfing as may be comprised
in the approved details shall be carried out in the first planting and seeding seasons following the
commencement of the development unless otherwise agreed in writing with the Planning Authority. 
Any trees or plants which within a period of ten years from the completion of the development die,
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. 
Please note that any hard landscaping proposed shall be permeable as to not impact on the
surface water drainage for the site. 
Reason:  To ensure the implementation of a satisfactory scheme of landscaping. 
8. Notwithstanding the effect of condition 1; During construction work on site, including the laying of
services, no excavation shall be undertaken below the canopy of any tree to be retained including
the copper beach tree located within the neighbouring garden of 2 Upper Colquhoun Street,
Helensburgh who's roots and canopy are partially within the application site. 
Reason:  To ensure that no damage is caused to trees during development operations. 
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9. Notwithstanding the effect of condition 1; All existing trees on site shall be protected at all times
during the construction period by means of the erection of a 1.2 metre high fence in accordance
with Clause 8.2.2 of BS 5837 "Trees in Relation to Construction" at least one metre beyond the
canopy of each tree including the copper beach tree located within the neighbouring garden of 2
Upper Colquhoun Street, Helensburgh who’s roots and canopy are partially within the application
site. 
Reason:  The landscape features to be protected are important to the appearance and character
of the site and the surrounding area and are required to successfully integrate the proposal with its
surroundings. 
10. Notwithstanding the effect of condition 1; Prior to work starting on site, full details of any
external lighting to be used within the site or along its access shall be submitted to and approved in
writing by the Planning Authority.  Such details shall include full details of the location, type, angle
of direction and wattage of each light which shall be so positioned and angled to prevent any glare
or light spillage outwith the site boundary. 
Reason:  In order to avoid the potential of light pollution infringing on surrounding land
uses/properties. 
11. Notwithstanding the effect of condition 1; The first floor glazing to the North elevation (shower
room window) and the first floor glazing to the West elevation (behind the proposed screening) of
the proposed extension shall be of obscure glass and maintained in perpetuity in obscure glass to
the satisfaction of the Planning Authority. 
Reason:  In order to protect the privacy and amenity of adjacent properties. 
12. Notwithstanding the effect of condition 1; Prior to work starting on site details of the
replacement chimney pots to the existing building shall be submitted to and approved in writing by
the Planning Authority. 
Reason:  In the interests of visual amenity and to ensure that the proposals do not adversely affect
the architectural and historic character of the building. 
13. Notwithstanding the effect of condition 1; Prior to work starting on site identification and
assessment of all potential sources of nuisance, including noise/ vibration, dust, and any temporary
lighting provided, which may cause disturbance to nearby residents during the demolition /
construction process should be undertaken by the applicant. This should include consideration of
intended hours of operation, movement of vehicles, use of plant and storage of equipment and
materials on site.   
For all potential sources of nuisance the applicant will be required to provide a management plan
with details of suitable control measures to be put in place so as to ensure that construction does
not cause loss of amenity to local residents and/or statutory nuisance.   
Reason: In order to avoid sources of nuisance in the interest of amenity. 
14. Notwithstanding the effect of condition 1; In order to minimise, as far as necessary, the level of
noise and/or vibration to which nearby existing residents will be exposed during the construction
process the hours of operation of the site should be restricted to 08.00 to 18:30 Monday to Friday
and 08.00 to 13.00 on Saturdays.  There should be no operation on Sundays or Bank Holidays. 
Reason: In order to avoid sources of nuisance in the interest of amenity. 
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NOTE TO APPLICANT 
n/a 
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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 23/00652/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
A. Settlement Strategy 
1.1. The site is located within the Main Town Settlement Zone of Helensburgh as identified in the
Argyll and Bute Local Development Plan 2015 (LDP) wherein Policy LDP DM 1 gives
encouragement to sustainable forms of small scale development on appropriate sites. 
1.2. NPF 4 Policy 1 requires that significant weight be given the global climate and nature crises
when considering new development.  Policy 2 seeks to encourage, promote and facilitate
development that minimises emissions and adapts to impacts on climate change. NPF 4
Policy 5 aims to protect locally, regionally, national and internationally valued soils. 
1.3. The development is located within an identified settlement with access to community facilities
and public transport networks, consistent with the LDP Settlement Strategy, and as such
complies with the Sustainability criteria established by Policy LDP STRAT 1, and is compatible
with the provisions of NPF 4 Policy 1 in terms of addressing the Climate Crisis in principle. The
site is located within an established residential area and will not impact upon soil that has
material value. It is recommended that any planning permission will be subject to a model
planning condition. 
1.4. On the above basis, it is considered that there is a general presumption in favour of the
principle of this proposed development in terms of its location, nature and scale when
assessed against the policy provisions relating to the LDP Settlement Strategy and relevant
NPF 4 Policy. 
B. Location, Nature and Design of Proposed Development 
2.1 4 West Lennox Drive, Helensburgh is located within the Helensburgh Hill House Conservation
Area and is directly adjacent to a category B listed property. The existing property is a
detached unlisted two storey traditional villa. Located on the opposite side of the street is A
listed Brantwoode and adjacent to this is B listed Strathmoyne. Furthermore, located on the
street behind the site is A listed Red Towers and adjacent to this is B listed Tordarroch. It is
noted that historically the proposals site was subdivided and a modern dwelling was built within
the rear garden grounds. The area surrounding the property is a well-established residential
area consisting of several listed properties as noted above, set with large plots as well as some
modern dwellings which have been built within the garden grounds of the original villas. 
2.2 The existing plot measures approximately 2165sqm, the existing house including the single
storey element has a footprint of approximately 216sqm, with the single storey element having
a footprint of 55sqm. The existing garage has a footprint of approximately 30sqm and the
timber sheds have a combined footprint of approximately 18sqm bringing the total built element
on site to approximately 264sqm. The existing house is sited towards the rear of the plot with a
large front garden. The site gently slopes downhill from North to South and is bounded by
mature hedges to all boundaries. 
2.3 The proposal seeks to remove the existing single storey element to the side / rear of the
property and replace this with a new two storey extension. This proposed extension has a
footprint of 90sqm whereas the original single storey element had a foot print of 55sqm. The
proposal also sees to remove the existing garage to the side / rear of the property which has a
footprint of 30sqm and replace this with a larger garage / gym which has a footprint of 70sqm.
The proposal also seeks to introduce a covered external ‘link’ canopy to the rear between the
garage / gym and the new extension, this has a footprint of 25sqm. The proposals also seek to
remove the timber garden sheds. In summary the resultant total built element on the site would
be approximately 346sqm in lieu of the 264sqm at present (an increase of 82sqm). This would
represent less than 20% of the site being built up which is well under the 33% threshold
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considered to be overdevelopment. It is also noted that the footprint of the proposed first floor
of the extension extends to approximately 50sqm.   
2.4 NPF4 Policy 16 requires that development proposals will be supported where they ‘do not have
a detrimental impact on the character or environmental quality of the home and the surrounding
area in terms of size, design and materials’. 
2.5 NPF4 Policy 14 requires that development proposals be designed to improve the quality of an
area; and, offers support to development that achieve the six qualities of Health; Pleasant;
Connected; Distinctive; Sustainable; and, Adaptable. Development that is poorly designed,
detrimental to the amenities of surrounding areas or inconsistent with the aforementioned six
qualities will not be supported. 
2.6 NPF Policy 14 is closely aligned with the provisions of Policy LDP 9 and SG LDP Sustainable
Siting and Design Principles which requires that new development be assessed against
identified sustainability criteria and identified design. The Supplementary Guidance also
establishes design criteria that seeks to protect the residential amenities and daylight enjoyed
by the occupiers of neighbouring properties. 
2.7 The design of the proposed extensions and garage are contemporary in design and are
considered to be subservient to the donor house and do not dominate it, the clear delineation
between the old and the new is welcomed as is in line with policy, the proposed materials are
high quality and respect the character of the existing property and wider conservation area. 
2.8 Having regard to the built development pattern and densities of the local area, it is noted that
there is a range of scale and design of houses, and whilst the overall pattern of built
development is very spacious, there is a range of site densities; and that the ratio of built
development to open curtilage in the case of this proposal is similar to some other existing
development. The scale of the proposed extensions being an increase of 82sqm to the overall
built element on the site is comparatively small and it is considered that the siting, form,
massing and material finishes will respect and enhance the existing character of built
development and compliment the visual character of the area in accordance with the relevant
provisions of NPF4; LDP 9 and SG on Sustainable Siting and Design Principles. 
2.9 The proposed extension and garage will be screened from surrounding properties at ground
floor level by existing natural boundary features and this screening, in conjunction with the
relative orientation of windows and separation distances will mean that there will be no material
loss of residential amenities to the occupiers of surrounding properties by reason of
overlooking. In terms of the first floor element the window on the north elevation of the
proposed extension is in excess of the minimum 18 metres guideline (SG – Sustainable) from
windows on the front elevation of the property to the rear, it is also noted that the proposed
window is to a non-habitable room and that furthermore, a condition has been recommended
that this window be obscure glass and maintained in perpetuity in obscure glass to protect the
privacy and amenity of adjacent property. It is also noted that there was concern that the
perforated steel cladding to the first floor of the West elevation of the proposed extension could
impact on the privacy and amenity of the neighbouring property, it is noted that a safeguarding
condition has been recommended that requires samples of this material be approved by the
authority and that further a condition has been recommended that requires the glazing behind
this screening be of obscure glass to protect the privacy and amenity of adjacent property.
Lastly, the proposed windows to the south elevation of the first floor extension and the
proposed terrace at this location; these will be screened by the exiting large copper beach tree
which is sited within the neighbouring garden (this tree subject to separate TPO consideration),
furthermore, there is an existing level of overlook from the existing first floor windows in this
location, therefore, the limited additional element of overlooking is considered to be within
acceptable limits. On this basis, Officers area satisfied that the proposed development will not
have a material impact upon the residential amenities of nearby properties in accordance with
the provisions of NPF4 Policy 14 and Policy LDP 9/SG – Sustainable Siting and Design
Principles. 
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C. Natural Environment 
3.1 NPF4 Policy 3 generally seeks to protect biodiversity, reverse biodiversity loss and to deliver
positive benefits from development that strengthens nature networks. Policy 3(c) requires that
proposals for local development will include appropriate biodiversity measures proportionate to
the scale and nature of the proposal. Policy 3(d) requires any potential adverse impacts on
biodiversity/nature networks/natural environment to be minimised by planning and design. NPF
4 Policy 3 is generally aligned with LDP Policy, although NPF 4 Policy 3(c) goes beyond the
LDP requirements in relation to current biodiversity interests of the site. 
3.2 NPF 4 Policy 4 generally confirms that development that will have an unacceptable impact on
the natural environment will not be supported. Outside of European, national and local
designations, development is expected to meet the relevant statutory tests in terms of
protected species legislation; and potential impacts must be fully considered prior to
determination of planning applications. NPF 4 Policy 4 (insofar as it relates to the location,
nature and scale of the current proposal) largely aligns with the provisions of LDP policy. 
3.3 Policy LDP 3 (the Argyll and Bute Local Development Plan – 2015) generally serves to support
the protection, conservation and enhancement of the environment.  SG LDP ENV 1 ensures
that other legislation relating to biodiversity habitats are fully considered in relation to
development proposals; and generally that development does not have an adverse impact on
habitat or species, particularly in relation to habitat or species designated as being of
European, national or local significance. 
3.4 The site is not located within or in proximity to any nature conservation designation with the
majority of the proposals being built on previously developed land where the existing garage
and single storey element are to be removed. 
3.5 It is advised that submission, assessment and approval of a scheme of hard and soft
landscaping be required by planning condition which the council’s Local Biodiversity Officer will
have opportunity to assess. It is further recommended that this condition requires that any hard
landscaping proposed be of permeable materials as to not impact on the surface water
drainage for the site. 
D. Built Environment 
4.1 The site is located within the Helensburgh Hill House Conservation Area. 
4.2 The existing property is not listed though it is a traditional detached villa. 
4.3 The exiting property is sited directly adjacent to a category B listed property. Located on the
opposite side of the street from the site to the South is A listed Brantwoode and adjacent to this
is B listed Strathmoyne. Furthermore, located on the street behind the site to the North is A
listed Red Towers and adjacent to this is B listed Tordarroch. For this reason Historic
Environment Scotland have been consulted on the proposals due to the possible effects on
setting of surrounding listed properties and they have noted; ‘The Hill House is several streets
away, with no intervisibility with 4 West Lennox Drive, and is not likely to experience any
impacts on its setting. As well as Red Towers, we have also considered potential impacts on
nearby Category A-listed Brantwoode on Munro Drive West. We have considered how the
surroundings of Red Towers and Brantwoode contribute to an understanding, appreciation, and
experience of their cultural significance and do not think the proposed extensions at 4 West
Lennox Drive would have a significant adverse impact on their settings.’ 
4.4 NPF4 Policy 7 generally seeks to protect and enhance the historic environment, assets and
places, and to enable positive change as a catalyst for the regeneration of places. Policy 7(a)
requires that development proposals with a potentially significant impact on historic assets or
places be accompanied by an assessment based on an understanding of the cultural
significance of the asset and/or place. Development will only be supported where the character
and appearance of the conservation area is preserved or enhanced; and where the existing
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natural and built features which contribute to the character of the conservation area (including
boundary walls, trees and hedges) are retained. 
4.5 The provisions of NPF 4 Policy 7 (as it applies to the current proposal) are LDP 3 and SG LDP
ENV 16(a) and SG LDP ENV 17, however NPF 4 Policy 7(a) imposes an additional
requirement for a detailed assessment as summarised above which was requested by the
councils design and conservation officer within their original consultation response. The
applicants have taken this on board and have submitted a revised design and access
statement as well as the submission of a visual impact assessment which is considered
acceptable under the requirements of the above. 
4.6 Officers are satisfied that the proposed development, by reason of siting, scale, form and
design is of a sufficiently high standard and will preserve and enhance the character and
appearance of this part of the Hill House Conservation Area in accordance with NPF 4 Policy 7,
Policy LDP 3, SG LDP 16(a), and relevant HES guidance on development impact on historic
assets. 
F. Impact on Woodland 
5.1 As the site is located within a conservation area any works to the existing trees within the site
would require tree works consent. Within the site there are approximately 12 trees that bound
the eastern boundary, a single large tree at the southern boundary and 3 trees along the
western boundary, no works or removals have been proposed to any trees within the site.
However given the close proximity of the extension to the boundary trees and neighbouring
trees (including the copper beech at 2 Upper Colquhoun St) and the works to install new drains
then the tree roots may be affected. 
5.2 It is advised that during construction work on site, including the laying of services, that no
excavation shall be undertaken below the canopy of any tree to be retained including the
copper beach tree located within the neighbouring garden of 2 Upper Colquhoun Street,
Helensburgh who’s roots and canopy are partially within the application site by way of a
planning condition. 
5.3 Furthermore, it is also advised that all existing trees on site shall be protected at all times
during the construction period by means of the erection of a 1.2 metre high fence in
accordance with Clause 8.2.2 of BS 5837 "Trees in Relation to Construction" at least one
metre beyond the canopy of each tree including the copper beach tree located within the
neighbouring garden of 2 Upper Colquhoun Street, Helensburgh who’s roots and canopy are
partially within the application site by way of a further planning condition. 
5.4 It should be noted that the aforementioned copper beach tree which is sited within the
neighbouring properties garden at; 2 Upper Colquhoun Street form part of a separate TPO
application which the council is recommending as this particular tree is a key landscape feature
which is to be protected and is important to the appearance and character of the surrounding
conservation area. 
5.5 On the above basis it is considered that the proposal is in accordance with the provisions of
NPF4 Policy 6; Policy LDP 3; and SG LDP ENV 6. 
K. Infrastructure 
6.1 The application forms state that the site is not within an area of known risk of flooding; and
advises that the applicant does not think that the proposal will increase flood risk elsewhere.
The application site, is not overlain by any recorded areas at risk to coastal, fluvial or surface
water flooding with reference to the SEPA Flood Map. 
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6.2 During the determination process the applicant has submitted plans to show a re-routed and
repaired surface water drainage scheme for the site. It is noted that consent is not required for
the repair of existing drainage but is required if there are proposed alterations to the existing
drainage. As such the applicant has submitted drawing to show the surface water drainage
alterations. I have been to site and viewed the issues with the current broken surface water
drainage and I am content that the proposed alterations to reinstate and alter this are sufficient.
As this is a proposed extension and not a new build there is no requirement for the applicants
to install a new SUDS system. The submitted drawings show a new french drain running along
the northern boundary of the rear site to pick up the broken field drains which where
discharging water into the solum of the property and then route the new field drain to the front
of the property to tie in with the existing drainage discharge. 
6.3 Subject to the above, it is considered that the proposal makes adequate provision for services
infrastructure in accordance with the provisions of NPF4 Policy 22, SG LDP SERV 2 and LDP2
Policy 61. 
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Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2005
Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings.
OS License No. XYZ123ABC
Location Plan Relative to Planning Application:23/00652/PP
O
1:1,250
0 10 205 Meters
Application Site
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Ref:  ABH1/2009 
ARGYLL AND BUTE COUNCIL 
PROCEDURE NOTE FOR USE AT 
HYBRID DISCRETIONARY HEARING 
HELD BY THE PLANNING, PROTECTIVE SERVICES & LICENSING COMMITTEE 
1. Hybrid meetings are those that will involve a physical location and facilitate
attendees joining virtually if they wish. 
2. The Executive Director with responsibility for Legal and Regulatory Support
will notify the applicant, all representees, supporters and objectors of the
Council’s decision to hold a Hearing and to indicate the date on which the
hearing will take place.  The hearing will proceed on that day, unless the
Council otherwise decides, whether or not some or all of the parties are
represented or not. Statutory consultees (including Community Councils) will
be invited to attend the meeting to provide an oral presentation on their written
submissions to the Committee, if they so wish. Details on how interested
parties can access the meeting will be referenced within the same notification. 
3. On receipt of the notification the applicant, all representees, including
supporters and objectors will be encouraged to appoint one or a small number
of spokespersons to present their views to concentrate on the matters of main
concern to them and to avoid repetition. Parties who wish to speak at the
meeting shall notify Argyll and Bute Council no less than 2 working Days
(excluding public holidays and weekends) prior to the start of the meeting. This
is to facilitate remote access (see note 1) and the good conduct of the
meeting.   
4. The Executive Director with responsibility for Legal and Regulatory Support
will give a minimum of 7 days’ notice of the date and time for the proposed
Hearing to all parties. 
5. The hearing will proceed in the following order and as follows. 
6. The Chair will introduce the Members of the Committee, confirm the parties
present who have indicated their wish to speak and outline the procedure
which will be followed. It is therefore imperative that those parties intending to
speak join the meeting at its commencement. 
7. The Executive Director with responsibility for Development and Economic
Growth’s representative will present their report and recommendations to the
Committee. 
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Ref:  ABH1/2009
8. The applicant will be given an opportunity to present their case for approval of
the proposal and may include in their submission any relevant points made by
representees supporting the application or in relation to points contained in the
written representations of objectors. 
9. The consultees, supporters and objectors in that order (see note 1), will be
given the opportunity to state their case to the Committee.   
10. All parties to the proceedings will be given a period of time to state their case
(see note 3).  In exceptional circumstances and on good cause shown the
Committee may extend the time for a presentation by any of the parties at their
sole discretion. 
11. Members of the Committee only will have the opportunity to put questions to
the Executive Director with responsibility for Development and Economic
Growth’s representative, the applicant, the consultees, the supporters and the
objectors. 
12. At the conclusion of the question session the Executive Director with
responsibility for Development and Economic Growth’s representative, the
applicant, any consultees present, the supporters and the objectors (in that
order) will each be given an opportunity to comment on any particular
information given by any other party after they had made their original
submission and sum up their case. 
13. If at any stage it appears to the Chair that any of the parties is speaking for an
excessive length of time he/she will be entitled to invite them to conclude their
presentation forthwith. (see note 3) 
14. The Chair will ascertain from the parties present that they have had a
reasonable opportunity to state their case. 
15. The Committee will then debate the merits of the application and will reach a
decision on it.  No new information can be introduced after the Committee
begins to debate. 
16. The Chair or the Governance Officer on his/her behalf will announce the
decision. 
17. A summary of the proceedings will be recorded by the Committee Services
Officer. 
NOTE 
(1) If you wish to speak at the hearing you will require to notify the
Committee Services Officer no less than 2 working Days (excluding
public holidays and weekends) prior to the start of the meeting. This is
to facilitate remote access if required and the good conduct of the
meeting.
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Ref:  ABH1/2009 
In the event that a party wishes to speak to a visual presentation, this
requires to be sent to Committee Services no less than 2 working days
(excluding public holidays and weekends) before the commencement of
the Hearing; this will not be shared with other parties prior to the
meeting but will ensure its availability for the commencement of the
Hearing. The Committee Services Officer will control the slides under
explicit instruction from the spokesperson(s), it would therefore be
helpful if the slides were individually numbered. It would also be helpful
if the file size of the presentations is kept to a minimum to mitigate
against any potential IT issues – guidance can be provided if required. 
If it is your intention to join the hearing to observe the proceedings,
please advise the Committee Services Officer no less than 2 working
Days (excluding public holidays and weekends) prior to the start of the
meeting to facilitate remote access if required.   
(2)   Councillors (other than those on the Committee) who have made
written representations and who wish to speak at the hearing will do so
under note 1 above according to their representations but will be heard
by the Committee individually. 
(3) Recognising the level of representation the following time periods have
been allocated to the parties involved in the Hearing. For the avoidance
of doubt the time allocated will be per party and will include for example
all supporters/objectors in the half hour slot except where additional
time is agreed by the Chair. 
The representative of the Executive Director with responsibility for
Development and Economic Growth – not more than half an hour
The Applicant - not more than half an hour. 
The Consultees - not more than half an hour. 
The Supporters - not more than half an hour. 
The Objectors - not more than half an hour.  
(4) The purpose of the meeting is to ensure that all relevant information is
before the Committee and this is best achieved when people with
similar views co-operate in making their submissions. 
(5) Everyone properly qualified as a representee recorded on the
application report who wishes to be given an opportunity to speak will
be given such opportunity subject to the requirements for notice herein.
(6) Should, for any reason, Members of the Committee who are joining
remotely lose connection or have any technical issues during the
meeting, they will be asked to contact the Governance or Committee
Support officer, if possible, by email or instant message. A short
adjournment may be taken to try and resolve the connection. If the
Members of the Committee are unable to re-join the meeting and a
quorum still exists then the meeting will continue to proceed. If a
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Ref:  ABH1/2009
quorum does not exist the meeting will require to be adjourned. For the
avoidance of doubt Members of the Committee have to be present for
the whole hearing in order to take part in the decision. 
(7) Should, for any reason, participants joining the hearing remotely lose
connection or have any technical issues during the meeting, a short
adjournment may be taken to try and resolve the connection. In the
event the connection cannot be restored within a reasonable timeframe
consideration will be given to the continuation of the meeting. 
(8) Members of the Committee joining remotely will use the hands up
function to indicate to the Chair when they wish to speak to ask a
question or make a comment.  This function will be monitored by the
Chair and by governance staff in attendance.   
(9) Where a Councillor who is a member of the PPSL has made or wishes
to make a representation (on behalf of any party) during the meeting in
relation to the application under consideration, they should make their
position clear to the Chair and declare an interest. Having done so, they
may, at the appropriate time, make the relevant representation and
then must retire fully from the meeting room prior to deliberation of the
matter commencing.  A Councillor, not a member of the PPSL, may
make a representation (on behalf of any party) during the meeting in
relation to the application then must retire fully from the meeting room
prior to deliberation of the matter commencing. 
(10)  The Council has developed guidance for Councillors on the need to
compose a competent motion if they consider that they do not support
the recommendation from the Executive Director with responsibility for
Development and Economic Growth which is attached hereto. 
I:data/typing/virtual planning hearings/procedure note
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Ref:  ABH1/2009
COMPETENT MOTIONS 
• Why is there a need for a competent motion? 
o Need to avoid challenge by “third party” to local authority decision which
may result in award of expenses and/or decision being overturned. 
o Challenges may arise from: judicial review, planning appeal, ombudsman
(maladministration) referral. Expenses may be awarded against
unsuccessful parties, or on the basis of one party acting in an unreasonable
manner, in appeal/review proceedings. 
• Member/Officer protocol for agreeing competent motion: 
o The process that should be followed should Members be minded to go
against an officer’s recommendation is set out below. 
• The key elements involved in formulating a competent motion: 
o It is preferable to have discussed the component parts of a competent
motion with the relevant Member in advance of the Committee (role of
professional officers).  This does not mean that a Member has prejudged
the matter but rather will reflect discussions on whether opinions contrary to
that of professional officers have a sound basis as material planning
considerations. 
o A motion should relate to material considerations only. 
o A motion must address the issue as to whether proposals are considered
consistent with Adopted Policy of justified as a departure to the
Development Plan.  Departure must be determined as being major or minor. 
o If a motion for approval is on the basis of being consistent with policy
reasoned justification for considering why it is consistent with policy contrary
to the Head of Development and Economic Growth’s recommendation must
be clearly stated and minuted. 
o If a motion for approval is on the basis of a departure from policy, reasoned
justification for that departure must be clearly stated and minuted. 
Consideration should be given to holding a PAN 41 Hearing (determined by
policy grounds for objection, how up to date development plan policies are,
volume and strength of representation/contention) 
o A motion should also address planning conditions and the need for a
Section 75 Agreement. 
o Advice from the Scottish Government as contained within Planning Circular
3/2013: Development management procedures on the definition of a
material planning consideration is attached herewith However, interested
parties should always seek their own advice on matters relating to legal or
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Ref:  ABH1/2009
planning considerations as the Council cannot be held liable for any error or
omission in the said guidance.
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Ref:  ABH1/2009
DEFINING A MATERIAL CONSIDERATION 
1. Legislation requires decisions on planning applications to be made in accordance
with the development plan (and, in the case of national developments, any
statement in the National Planning Framework made under section 3A (5) of the
1997 Act) unless material considerations indicate otherwise.  The House of Lord’s
judgement on City of Edinburgh Council v the Secretary of State for Scotland
(1998) provided the following interpretation.  If a proposal accords with the
development plan and there are no material considerations indicating that it should
be refused, permission should be granted.  If the proposal does not accord with
the development plan, it should be refused unless there are material
considerations indicating that it should be granted. 
2. The House of Lord’s judgement also set out the following approach to deciding an
application: 
- Identify any provisions of the development plan which are relevant to the
decision,
- Interpret them carefully, looking at the aims and objectives of the plan as well as
detailed wording of policies,
- Consider whether or not the proposal accords with the development plan.
- Identify and consider relevant material considerations for and against the
proposal, and
- Assess whether these considerations warrant a departure from the
development plan. 
3. There are two main tests in deciding whether a consideration is material and
relevant: 
- It should serve or be related to the purpose of planning.  It should therefore
relate to the development and use of land, and
- It should fairly and reasonably relate to the particular application. 
4. It is for the decision maker to decide if a consideration is material and to assess
both the weight to be attached to each material consideration and whether
individually or together they are sufficient to outweigh the development plan. 
Where development plan policies are not directly relevant to the development
proposal, material considerations will be of particular importance. 
5. The range of considerations which might be considered material in planning terms
is very wide and can only be determined in the context of each case.  Examples of
possible material considerations include: 
- Scottish Government policy, and UK Government policy on reserved matters
- The National Planning Framework
- Scottish planning policy, advice and circulars
- European policy
- A proposed strategic development plan, a proposed local development plan, or
proposed supplementary guidance
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Ref:  ABH1/2009
- Guidance adopted by a Strategic Development Plan Authority or a planning
authority that is not supplementary guidance adopted under section 22(1) of the
1997 Act
- A National Park Plan
- The National Waste Management Plan
- Community plans
- The Environmental impact of the proposal
- The design of the proposed development and its relationship to its surroundings
- Access, provision of infrastructure and planning history of the site
- Views of statutory and other consultees
- Legitimate public concern or support expressed on relevant planning matters 
6. The planning system operates in the long term public interest.  It does not exist to
protect the interests of one person or business against the activities of another.  In
distinguishing between public and private interest, the basic question is whether
the proposal would unacceptably affect the amenity and existing use of land and
buildings which ought to be protected in the public interest, not whether owners or
occupiers of neighbouring or other existing properties would experience financial
or other loss from a particular development.
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