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Gearach Limited: Erection of Distillery and Visitor Centre, with Associated and Ancillary Development Including Support Warehousing Buildings, Installation of Sewage Treatment Plant, Two Solar Panel Sites and Formation of Accesses: Gearach Farm (Ili Distillery), Port Charlotte, Isle of Islay (Ref: 21/02718/Pp)

Argyll and Bute Council · 23 November 2022
Back to Planning, Protective Services and Licensing Committee — 23 November 2022 and its agenda

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Argyll and Bute Council
Development & Economic Growth   
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: 21/02718/PP
Planning Hierarchy: Major
Applicant: Gearach Limited
Proposal: Erection of distillery and visitor centre, with associated and ancillary
development including support warehousing buildings, Installation
of sewage treatment plant, two solar panel sites and formation of
accesses
Site Address:  Gearach Farm (ili Distillery), Port Charlotte, Isle Of Islay    
DECISION ROUTE 
Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Erection of distillery and visitor centre;
 Erection of ancillary warehouse building;
 Erection of support building incorporating hydrogen plant, battery storage
and substation.
 Hydrogen store
 Cooling Tower
 Pot ale tank
 Spent lees tank
 Grain store
 Installation of private sewage treatment plant;
 Installation of two solar panel arrays with a total installed capacity of
4.25MW and associated access track;
 Formation of three vehicular accesses;
 Formation of onsite parking and turning;
 Formation of hard surfaces;
 Infrastructure for extraction of private water supply from Gearach Loch;
 Boundary treatment and hard landscaping; 
(ii) Other specified operations
 Soft landscaping 
(B) RECOMMENDATION:

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(i) It is recommended that Members grant planning permission as a minor
departure from Policy DM1 subject to the conditions and reasons attached. 
(C) CONSULTATIONS:   
Environmental Health: (21.02.22) – Comments on private water supply 
(03.03.22) – Comments on construction site noise (conditions); external lighting
(condition), noise from operation of solar array (condition if not addressed in
advance). 
(15.03.22) – Contaminated Land Questionnaire was not received, so a condition in
this respect will be attached to any approval. 
Area Roads Officer: (15.03.22) – An initial deferred response was superseded after
extensive discussions with the applicant and their representatives concluding with
revised reports on 14.07.2022 and 01.09.2022. This included a number of
recommendations and suspensive conditions relating to Transport Impact
Assessment (TIA), passing places and vulnerable sections of road. 
Biodiversity Officer: (13/5/22) acknowledged the EIAR and highlighted areas
where more information and/or clarity is required. The council engaged with
NatureScot with regard to the points raised.   
Flood Risk Advisor: (7/3/22) No objections subject to conditions. Water course
crossings. Delivery of SuDS 
NatureScot – (05.09.2022) Responded with a detailed response requesting
Appropriate Assessments for both bird species and butterflies. Additionally a number
of suspensive conditions are requested. This was in response to a previous
submission from them on 03.05.2022 outlining a number of concerns which were
agreed and addressed by the applicant and their agents. 
(2.2.22)  Response in relation to additional information submitted. The proposal could
affect internationally important natural heritage interests therefore NatureScot object
to the proposal unless it is made subject to conditions so that the works are done
strictly in accordance with the mitigation detailed in our appraisal.  The proposal is
located within the Rinns of Islay SAC designated for its marsh fritillary butterfly.  The
Rinns of Islay is also a SSSI for several qualifying features including blanket bog,
breeding bird assemblage, chough, corncrake, Greenland barnacle goose (non-
breeding), Greenland white-fronted goose (non-breeding), hen harrier and whooper
swan.  Argyll and Bute Council is required to consider the effect of the proposal on
the SPA and SAC before it can be consented (commonly known as Habitats
Regulations Appraisal). 
Our advice is that this proposal is likely to have a significant effect on the Greenland
white-fronted goose and Hen harrier populations of the Rinns of Islay SPA and the
Marsh fritillary metapopulations supporting the main populations on the Rinns of Islay
SAC. Consequently, Argyll and Bute Council, as competent authority, is required to
carry out an appropriate assessment in view of the site’s conservation objectives for
its qualifying interests.

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Scottish Water – (05.05.2022) Proposal is within Drinking Water Protected Area.
Scottish Water have agreed to deal with the applicants Environmental Agents to set
out requirement for provision of further information confirming:
Volume of water required for distillation
Volume of water required for hydrogen production
Information detailing demand profiles and potential seasonal fluctuations
Confirmation on whether potable (public SW) supply is considered as an alternative
– if so further info on demand required
Details of precautions to protect drinking water supplies in peatland and opportunities
for peatland restoration. 
SEPA (15.3.22):  No objections. 
Historic Environment Scotland – No objections 
West of Scotland Archaeology Service (11.03.2022) – The application lies in a
landscape populated with recorded archaeological sites of prehistoric and later
periods. The proposals will affect recorded sites as detailed in the EIA cultural
heritage chapter, the conclusions and recommendations of which are agreeable. The
large area of ground that will be disturbed by this development stands a good chance
of unearthing visible or buried unrecorded remains which could be of any period and
which may survive below ground level. As such, a potential archaeological issue is
raised by the proposals.  A planning condition is proposed. 
Highlands and Islands Airports Ltd (dated 11/11/22): There are no objections to
the proposed solar arrays. 
NATS Safeguarding (dated 11/11/22): Wind turbines are a particular problem for us
and we still have a requirement to be consulted for all planning applications
containing turbines.  Solar panels however present no unusual problems for our
equipment therefore we are happy to treat them like any other building.  For Argyll
and Bute means we only need to be consulted within the defined zones around our
installations at Machrihanish and on Tiree. On Islay, if you have consulted HIAL
regarding the airport you should have covered all the aviation bases. 
Islay Community Council (16.03.22)– While we welcome this development we wish
to draw to your attention concerns expressed by members of our community:
increased traffic in the Rinns area; the adequacy of the proposed parking at Gearach
given the number of projected visitors; the impact on available housing; the impact
on ferry usage; possible road safety issues for children at Port Charlotte Primary
School. We have recently had a fruitful discussion with the iLi development team
where we relayed these concerns and note their willingness to address issues raised. 
(D) HISTORY:   
21/01629/PAN Proposal of Application Notice for a proposed distillery and visitor centre.
Associated and ancillary development to include; distillery, warehouse buildings, services
and hardstanding areas, parking, access roads and footpaths. Associated plant and
infrastructure including; renewable energy infrastructure (hydrogen plant, solar panels and
a wind turbine up to 76.5 metres high to blade tip, drainage arrangements, electrical sub-
station, hard and soft landscaping 05.10.2021

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21/01889/SCREEN Screening opinion for a proposed distillery and visitor centre.
Associated and ancillary development to include; distillery, warehouse buildings, services
and hardstanding areas, parking, access roads and footpaths. Associated plant and
infrastructure including; renewable energy infrastructure (hydrogen plant, solar panels and
a wind turbine up to 76.5 metres high to blade tip, drainage arrangements, electrical sub-
station, hard and soft landscaping 28.09.2021 
21/02063/SCRSCO Proposed distillery and visitor centre. Associated and ancillary
development to include; distillery, warehouse buildings, services and hardstanding areas,
parking, access roads and footpaths. Associated plant and infrastructure including;
renewable energy infrastructure (hydrogen plant, solar panels and a wind turbine up to
76.5 metres high to blade tip, drainage arrangements, electrical sub-station, hard and soft
landscaping 02.12.2021 
(E) PUBLICITY:   
PAC consultation process commenced 05.10.2021
Regulation 20 advert Oban Times expired 24.03.2022
Neighbour Notification expired 06.03.2022 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Objections
1. Mrs Kate Agashi 9A Cambridge Place Falmouth TR114QR 
2. David Brooks The Old Police House, Main Street, Port Charlotte, PA48 7TL 
3. Susan Brooks The Old Police House, Main Street, Port Charlotte, PA48 7TL 
4. Mrs Bronwen Currie Taigh Na Torraig Bruichladdich Isle Of Islay 
5. Ms Hannah Davies 3 Edgeborough Court Upper Edgeborough Road
Guildford GU1 2BL
6. Mr Trevor Davies Pinewood Swanpool Falmouth TR11 5BA 
7. Mr Tom Evans 11 High Street Portnahaven Isle Of Islay 
8. Max Parkin 86 Main Street Port Charlotte Isle Of Islay PA48 7TX 
9. Ms Sara Parkin 86 Main Street Port Charlotte Isle Of Islay 
10. Mrs Valerie Peacock Taigh Na Creag Shore Street Port Charlotte Isle Of Islay 
11. Eleanor Piper Gearach Forest Lodge Port Charlotte Isle Of Islay PA48 7UB 
12. Mark Piper Gearach Forest Lodge Port Charlotte Isle Of Islay PA48 7UB
08.03.2022
13. Mr David Pomeroy Tara House School Street Port Charlotte Isle Of Islay 
14. Mrs Jan Reavey Lorgba House Main Street Port Charlotte Isle Of Islay 
15. Dr Stephen Rogers Carraig Mhor Emerivale Port Ellen Isle Of Islay 
16. Mrs Gael Roy Sgiba House Lorgba Main Street Port Charlotte Isle Of Islay 
17. Mr Jimmy Roy Carraigmor Main Street Port Charlotte Isle Of Islay 
18. Diana Wharton 94 Main Street Port Charlotte Isle Of Islay PA48 7TY 
19. Tony Wharton 94 Main Street Port Charlotte Isle Of Islay PA48 7TY 
20. Wendy Feist No Address Given 
21. Hannah Davies Address Not Provided 
22. Trevor Davies Address Not Provided 
Support
1. Lorraine Gillies 5 School Street Port Charlotte Isle Of Islay PA48 7TW

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2. Anne Kemp Tormisdale Croft Isle Of Islay 
3. Roderick J MacFarlane Tormisdale Farm Port Charlotte Isle Of Islay 
4. Mr Ronnie MacLellan 226 Abingdon Road Oxford OX1 4SP 
5. Steven Mithen Carduncan Farmhouse Gruinart Isle Of Islay PA44 7PS 
6. James Redman Whinhill Tormisdale Port Charlotte Isle Of Islay PA48 7UE 
7. Roy Redman Tormisdale Croft Isle Of Islay 
8. C Cleland No Address Provided 
9. Neil McAslan No Address Provided 
10. Heather McLellan No Address Provided 
11. Neil McLellan No Address Provided 
12. Sheila McLellan No Address Provided 
Representation
1. Steven Mithen Department Of Archaeology Whiteknights Box 227 Reading
RG6 6AB 
(ii) Summary of issues raised: 
Objection 
Landscape and Design Issues
Negative impact on wild land. 
Comment:  There is no designated wild land in the vicinity of the site. 
The distillery will look completely out of place and ruin the aesthetic for those who value
nature. 
Comment: See assessment. 
Roads Issues
Road infrastructure is insufficient especially emerging into Port Charlotte
Exit into the conservation area of Port Charlotte is unsuitable for industrial vehicles
The condition and design of the road is unsuitable for large vehicles. 
The cross roads at the bottom of School Street has very limited visibility when turning left or
right.  School Street has no pavements for the primary school children to walk on.  The
narrow bridge over the burn near to Yoth Hostel would be put under great strain to
accommodate a steady stream of large lorries. 
The increased traffic will have an adverse impact on the Port Charlotte Conservation Area. 
The popularity of cycling on Islay is not fully  recognised in the EIAR nor is the popularity of
Kilchiaran Road for walkers and cyclists. 
Comment: There has been extensive dialogue with the roads department mainly in     regard
to the lack of passing places and the land required to create a sufficient number of standard
sizes. The condition of existing verges and track sides. Detailed plans regarding surveying,
construction and maintenance of the existing and any new or upgraded road surfaces.
These aspects would be addressed in plans that would be conditions of any
recommendation.       
Natural Heritage Issues

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The proposed development will impact on nature conservation sites of international, national
and local importance. 
Comment:  See assessment. 
Sustainability
The proposed development claims to be sustainable, however, there has been no detail
provided regarding proposed waste management or how the applicant aims to achieve
carbon neutral production. 
Comment: A sustainability checklist has been completed and a waste management
arrangements are detailed in the EIAR. 
Economic Issues
Islay already has more jobs than workers with a critical lack of accommodation, this
development will only exacerbate this problem.   
The economy of Islay is already too dependent of distilleries and the short tourist season
and this development will only exacerbate the problem. 
Comment:  These are not material considerations in the determination of this planning
application. 
Other
There is no capacity on the ferry. 
Comment:  This is not a material consideration in the determination of this planning
application. 
The solar panel sites are situated at a considerable distance from the distillery buildings. 
Direct current constitutes a potential life-threatening hazard and suffers considerable losses
of power over cable lengths. 
Comment:  This is not a material planning consideration. 
There is a right of way over the application site for other parties to extract timber.  The
warehouse building will impact on this route. 
Timber transport lorries will have to drive through the site between the support and
warehouse buildings. 
The construction of solar panels and equipment to the east of the southern end of the track
interferes without right of way and interferes with our right to construct a connecting road
from the forestry to the existing track.  This is vital for future access and in line with the
Council’s Woodland Forestry Strategy. 
Comment:  The access to extract timber will be maintained. 
Support
We are being told farms need to diversify to survive.  This is a family with a background in
agriculture and forestry, experience in looking after the biodiversity of their land.  The huge
investment will create jobs and due to the size of the distillery should not have a detrimental
effect on the immediate environment once built. 
This is a well-considered and sensitively and environmentally designed proposal.

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This distillery will be carbon neutral and powered with renewable energy from the start. 
The design of the proposal is of a very high standard. 
Comment:  These points are noted. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: Yes 
The submitted EIAR contains chapters on:
 Introduction
 Proposed development
 EIA Methodology
 Planning Policy
 Landscape and Visual
 Hydrology and Hydrogeology
 Glint and Glare
 Carbon Balance
 Air Quality and Odour
 Safety, Major Accidents and Disasters 
(ii) An appropriate assessment under the
Conservation (Natural Habitats) Regulations
1994:   
Yes. Two reports
attached.  
(iii) A design or design/access statement:    yes  
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
SHP Planning Statement 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   No   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  No    
(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.

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‘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 5 –Supporting the Sustainable Growth of our Economy 
LDP 6 – Supporting the Sustainable Growth of Renewables
LDP 7 – Supporting our Town Centres and Retail 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
SG LDP ENV 2 – Impact on European Sites
SG LDP ENV 4 – Impact on SSSIs and National Nature Reserves
SG LDP ENV 6 – Impact on Trees / Woodland
SG LDP ENV 7 – Water Quality and the Environment
SG LDP ENV 11 – Protection of Soil and Peat Resources 
Landscape and Design 
SG LDP ENV 13 – Development Impact on Areas of Panoramic Quality
SG LDP ENV 14 – Landscape
SG LDP ACE 1 – Area Capacity Evaluation (ACE) 
Historic Environment and Archaeology 
SG LDP ENV 20 – Impact on Sites of Archaeological Importance 
Support for Business & Industry: General 
SG LDP BUS 2 – Business & Industry Proposals in the Countryside Zones
SG LDP BUS 5 – Economically Fragile Areas 
Support for Business & Industry: Main Potential Growth Sector: Tourism 
SG LDP TOUR 1 – Tourist Facilities and Accommodation, including Static and
Touring Caravans
SG LDP TOUR 3 – Promoting Tourism Development Areas 
Retail Developments (Including COU to and from Shops) 
SG LDP RET 4 – Retail Development within the Countryside Zones 
Planning Gain

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SG LDP PG 1 – Planning Gain 
Bad Neighbour Development 
SG LDP BAD 1 – Bad Neighbour Development 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 3 – Drainage Impact Assessment
SG LDP SERV 4 – Contaminated Land
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New
Development
SG LDP SERV 6 – Private Water Supplies and Water Conservation 
Addressing Climate Change 
SG LDP SERV 7 – Flooding and Land Erosion – Risk Framework
SG LDP Sust Check – Sustainability Checklist 
Transport (Including Core Paths) 
SG LDP TRAN 1 – Access to the Outdoors
SG LDP TRAN 2 – Development and Public Transport Accessibility
SG LDP TRAN 3 – Special Needs Access Provision
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 5 – Off-site Highway Improvements
SG LDP TRAN 6 – Vehicle Parking Provision 
Renewables 
SG Renewable Energy 
(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. 
 Scottish Planning Policy 
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The
unchallenged policies and proposals within pLDP2 may be afforded significant material
weighting in the determination of planning applications at this time as the settled and
unopposed view of the Council. Elements of the pLDP2 which have been identified as
being subject to unresolved objections still require to be subject of Examination by a
Scottish Government appointed Reporter and cannot be afforded significant material
weighting at this time. The provisions of pLDP2 that may be afforded significant weighting
in the determination of this application are listed below: 
 Policy 14 – Bad Neighbour Development

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 Policy 23 – Tourist Development, Accommodation, Infrastructure and
Facilities
 Policy 35 – Design of New and Existing, Public Roads and Private
Access Regimes
 Policy 36 – New Private Accesses
 Policy 37 – Development Utilising an Existing Private Access or Existing
Private Road
 Policy 38 – Construction Standards for Public Roads
 Policy 39 – Construction Standards for Private Access
 Policy 41 – Off Site Highway Improvements
 Policy 58 – Private Water Supplies and Water Conservation
 Policy 63 – Waste Related Development and Waste Management
 Policy 78 – Woodland Removal 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  No Schedule 2 EIAR submitted    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  Yes 
(M) Has a sustainability check list been submitted:  Yes 
(N) Does the Council have an interest in the site:  No 
(O) Requirement for a hearing: 
In deciding whether to hold a discretionary hearing Members should
consider: 
 How up to date the Development Plan is, the relevance of the
policies to the proposed development, and whether the
representations are on development plan policy grounds which
have recently been considered through the development plan
process. 
 The degree of local interest and controversy on material
considerations, together with the relative size of community
affected, set against the relative number of representations and
their provenance. 
Twenty-two objections, twelve support and 1 representation have
been received regarding the proposed development. 
It is considered that all of the material planning issues raised have
been effectively addressed in the report and planning conditions have
been recommended where appropriate.

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It is the opinion of the Planning officers that the representations
received, together with officer assessment of the relevant planning
issues contained within this report, provide all the information required
to enable Members to make an informed decision based on the
adopted development plan and other material considerations. 
In this instance it is not considered that the objections raise any
complex or technical issues that have not been addressed in the
current Report of Handling and it is not considered that a discretionary
local hearing would add value to the planning process. 
(P) Assessment and summary of determining issues and material considerations 
The proposal seeks detailed planning permission for the erection of a new, ‘large
scale’ industrial distillery and ancillary visitor centre development at a Countryside
Zone location and partly within the ‘rural opportunity area’ (ROA) development
management zones. Development of this location would not ordinarily be supported
by the provisions of policy LDP DM 1 and SG LDP BUS 2; however, the applicant
has satisfactorily set out a locational/operational need for the development of this
location in the absence of any readily identifiable, sequentially preferable alternative.
Islay is identified as an ‘Economically Fragile Area 
The proposed development would result in jobs creation, roads improvements, new
sources of sustainable power, and the preservation and enhancement of habitats for
protected species. 
This proposal is EIA Development and the determination of this application is also
subject to the Town and Country Planning (Environmental Impact Assessment)
(Scotland) Regulations 2017.  There is a requirement to examine the environmental
information submitted and reach a reasoned conclusion on the significant
environmental effects of the proposal. 
The recommendation on this application has been guided by the conclusions of the
EIAR and the proposal has been assessed against the policies of the adopted Local
Development Plan and other material considerations. 
(Q) Is the proposal consistent with the Development Plan: No the proposal is
considered to be a minor departure from Policy DM1   
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal will deliver sustainable economic development within an ‘economically
fragile area’ in a manner which, notwithstanding the concerns expressed by third
parties, will not give rise to any unacceptable, or significant adverse effect upon the
receiving environment. The proposal satisfies development plan requirements and
there are no material considerations which would indicate the need to withhold
consent in this case.

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(S) Reasoned justification for a departure to the provisions of the Development
Plan 
LDP policy DM1 requires an Area Capacity Evaluation (ACE) to be carried out for
large scale development within the countryside.  An ACE is a process which
assesses the capacity of a landscape to absorb the proposed development. 
However, this proposal is an EIA Development which contains a Landscape and
Visual Impact Assessment (LVIA) undertaken in accordance with the recognised
methodology set out in The Guidelines for Landscape and Visual Impact Assessment
(Landscape Institute and IEMA, 2013).  This is a more robust analysis which is
undertaken by professional landscape architects and in these circumstances and
ACE carried out by the planning officer is considered to be unnecessary. Taking
account of the above, it is considered that this would represent a justifiable minor
departure from Policy DM1. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
No   
Author of Report: Derek Wilson Date: 11/11/22 
Reviewing Officer: Sandra Davies Date: 11/11/22 
Fergus Murray
Head of Development & Economic Growth

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 21/02718/PP 
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 21/12/21; , 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
Inset Site Plan  C4632 (1) 107  08.02.2022
Inset Site Plan - Eastern
Solar Site 
C4632 (1) 109  08.02.2022
Inset Site Plan - Southern
Solar Site 
C4632 (1) 108  08.02.2022
Inset Site Plan - Support
Building 
C4632 (1) 105 Rev A  08.02.2022
Drainage Strategy Plan  C4632 (1) 106 Rev A  08.02.2022    
Ground Mounted Solar
Layout
C4632 (1) 103  08.02.2022
Hydrological Figures  C4632-1232/Figure 6.2
V 0.1 
24.01.2022
Landscape Design Plan  C4632-1232/Figure 5.13
v 1.0 
24.01.2022
Overall Site Layout  C4632 (1) 101 Rev A  08.02.2022
Partial Section Plan A-A  059 PL21  22.12.2021
Partial Section Plan A-A  059 PL22  22.12.2021
Partial Section Plan A-A  059 PL23  22.12.2021
Reflected Ceiling Plan
Upper Level 
059 PL13  22.12.2021
Solar Unit Elevation  C4632 (1) 104 Rev A  08.02.2022
Support Building
Compound Plan and
Elevations 
059 PL29  08.02.2022
Support Building Layout
Plan 
059 PL27  08.02.2022
Supporting Distillery
Location Plan with Key
Detail 
058 PL01  22.12.2021
Supporting Site Plan
1:1250 
058 PL02A  08.02.2022.
Location Plan  C4632 (1) 102  08.12.2022
Location Plan 1:2500  058 PL01A  08.02.2022
Supplementary Location
Plan
C4632 (1) 100 Rev 0  22.12.2021
Roof Plan Entrance Level  059 PL12  22.12.2022
Lower Floor Plan Distillery
Level 
059 PL11  22.12.2021

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Support Building Floor
Plan 
C4632 (1) 110 Rev 0  08.02.2022
Upper Floor Plan Visitors
Level 
059 PL10  22.12.2021
Warehouse Floor Plan  059 PL25  08.02.2022
North East Elevation -
Distillery 
059 PL17  22.12.2021
North West Elevation -
Distillery 
059 PL18  22.02.2022
South East Elevation -
Distillery 
059 PL16  08.02.2022
Support Building
Elevations 
059 PL28  08.02.2022
Warehouse Elevations  059 PL26  08.02.2022         
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
Clarification of Use Approved
2. Notwithstanding the provisions of Condition 1, the buildings hereby approved shall be
used solely as production and storage of whisky and other spirit, and attendant
administrative and visitor related uses and no other use including any other purpose
in Class 6 and Class 4 of the Town and Country Planning (Use Classes) (Scotland)
Order 1997.  Furthermore, the storage building hereby approved shall be used solely
for the storage of whisky and other spirit distilled on the island of Islay. A detailed
inventory of the contents of the building shall be kept and all reasonable opportunity
for the inspection of this inventory shall be afforded, by prior arrangement, to any
designated representative of the council in pursuance of their duties in order to ensure
compliance with the provisions of this planning condition.  
Reason: In order to define the authorised use and to underpin the ‘special need’
argument that underlies the justification for the development as a departure to the
Development Plan, and to enable the Planning Authority to control any subsequent
change of use which might otherwise benefit from deemed permission that might erode
the original justification for the development, and to protect the amenity of the locale. 
Roads Conditions
3. Notwithstanding the provisions of Condition 1, 
I. The proposed accesses for use by HGV vehicles shall be formed in
accordance with the Council’s Roads Standard Detail Drawing SD08/001 Rev
a. 
II. Junctions which will be used by general vehicles only are to be constructed as
per the Council's standard detail drawing ref: SD 08/002 Rev a. with access
width to be 5.50 metres, minimum and access radius to be  a minimum of 6.00
metres, 
III. All junctions shall be staggered with visibility splays of 2.40m x 75m x 1.05m.
The accesses shall be surfaced with a bound material in accordance with the
stated Standard Detail Drawing. 
IV. Prior to work starting on site the accesses hereby approved shall be formed to
a minimum base course standard and the visibility splays shall be cleared of
all obstructions such that nothing shall disrupt visibility from a point 1.05 metres

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above the access at point X to a point 0.6 metres above the public road
carriageway at point Y. The final wearing surface on the accesses shall be
completed prior to the development first being brought into use and the visibility
splays shall be maintained clear of all obstructions thereafter. 
Reason:  In the interests of road safety.  
4 Notwithstanding the provisions of Condition 1, no development works shall commence
until: 
I. A Traffic Management Plan including a Method Statement has been submitted
to and approved in writing by the Planning Authority in consultation with the
Roads Authority. The Traffic Management plan shall include details of all
materials, plant, equipment, components and labour required during the
construction works.
II. A Traffic Impact Assessment has been submitted to and approved in writing by
the Planning Authority in consultation with the Roads Authority.  This is
required for the section of the C16 Port Charlotte - Kilchearan Road, between
the A847 Bridgend-Portnahaven Road / C16 Port Charlotte-Kilchearan Road
junction and the application site. 
Thereafter the development shall be carried out in accordance with these details. 
Reason: To address abnormal traffic associated with the development in the interests
of road safety.   
5 No development shall commence until 12 new passing places with passing place signs
have been provided between the A847 Bridgend-Portnahaven Road / C16 Port
Charlotte-Kilchearan Road junction and the application site entrance.  The passing
places shall be equally spaced and intervisible where possible.  Prior to work starting
on the passing places, a plan showing the exact locations and specifications of the
passing places shall be submitted to and agreed in writing by the Planning Authority
in consultation with the Roads Authority.  The passing places shall accord with the
Council’s Typical Passing Place Detail drawing SD 08/003 Rev a, unless otherwise
agreed in writing by the Planning Authority in consultation with the Roads Authority. 
Thereafter the road improvements shall be constructed in accordance with the
approved details prior to the commencement of development. 
Reason.  In the interests of road safety.  
6 No development shall commence until a condition survey of the road from the A847
(Bridgend to Portnahaven Road) to the application site shall be recorded by means of
video and photographs.  The results of this along with details of an ongoing inspection
regime and service level agreement for the repair of the road defects to be carried out
at the applicant’s expense shall be submitted to and approved in writing by the
Planning Authority in consultation with the Council’s Roads service.  Thereafter the
development shall be carried out in accordance with these details. 
Reason:  In order to ensure any damage to the road caused as a result of the
development of the proposal is rectified by the developer.  
7 No development shall commence until full details identifying vulnerable areas of the
road from the A847 (Bridgend to Portnahaven Road) to the application site have been
submitted to and approved in writing by the Planning Authority in consultation with the
Roads service.  This shall include an assessment of any culverts or other structures

Page 16

and will include measures to mitigate against any likely damage through the
construction phase.  Thereafter the development shall proceed in accordance with
these details prior to the commencement of development. 
Reasons: In order to secure an appropriate standard of road capable of conveying
traffic associated with this development. 
Materials Condition
8 Notwithstanding the effect of Condition 1, no development shall commence until
written details of the type and colour of materials to be used in the construction of
walls, roofs, doors, windows and plant housing have been submitted to and approved
in writing by the Planning Authority. The development shall thereafter be completed
using the approved materials or such alternatives as may be agreed in writing with the
Planning Authority.  
Reason: In order to integrate the development into its surroundings. 
External Lighting Condition
9 Prior to the installation of external lighting full details of any external lighting to be used
within the site shall be submitted to and approved in writing by the Planning Authority.
Such details shall include 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. Regard must be made to governmental Guidance Notes on
Environmental Zone E1: Intrinsically Dark Areas.  No external lighting shall be installed
except in accordance with the duly approved scheme.  
Reason: In order to avoid light pollution in the interests of amenity. 
Landscape and Boundary Treatment Condition
10 Notwithstanding the provisions of Condition 1, no development shall commence until
a scheme of boundary treatment, surface treatment and landscaping has been
submitted to and approved in writing by the Planning Authority.  The scheme shall
comprise a planting plan and schedule which shall include details of:  
1. Existing and proposed ground levels in relation to an identified fixed datum;
2. Existing landscaping features and vegetation to be retained;
3. Location, design and materials of proposed walls, fences and gates;
4. Proposed soft and hard landscaping works including the location, species and
size of every tree/shrub to be planted;
5. A programme for the timing, method of implementation, completion and on-
going maintenance.  
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme unless otherwise approved in writing by the Planning Authority.  
Any trees/shrubs which within a period of five years from the completion of the
approved landscaping scheme fail to become established, die, become seriously
diseased, or are removed or damaged shall be replaced in the following planting
season with equivalent numbers, sizes and species as those originally required to be
planted unless otherwise approved in writing by the Planning Authority.  
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity.   
CEMP Condition

Page 17

11 No development shall be commenced (including any land engineering works or any
associated operations) until a full site specific Construction Environmental
Management Plan (CEMP) and Pollution Prevention Plan (PPP) have been submitted
to and approved in writing by the Planning Authority.   The CEMP shall include: 
 Details of pre-construction checks for any Hen harrier nests or roosts within
750m of the application site;
 Distribution of CEMP to project team and sub-contacts as applicable;
 Staff Site Induction – toolkit talks, Environment Posted and site notices – risk
assessment briefings;
 Pre-start survey results;
 Specific species protection plans for each relevant SPA and SAC qualifier
species.  In relation to the Marsh fritillary butterfly this should provide detail in
relation to specific measures to be taken if Marsh Fritillary or their caterpillar
webs are found during construction so that there is confidence that there would
be no adverse effect to site integrity. It also needs to ensure there is no
potential for any reckless offence under the Wildlife and Countryside Act 1981;
 Species and Habitat Management Plan;
 Habitat Restoration Plan and method statement;
 Habitat Creation Plan and management plans;
 Logging procedure of delivery of plans, surveillance and non-compliant
instances;
 Monitoring template to be drafted for site monitoring, the results are to be
submitted to the Planning Authority on a quarterly basis; 
 Site Waste Management Plan. 
All of the above requirements of the CEMP shall be delivered and overseen by an
Ecological Clerk of Works (ECoW).  Thereafter the development shall proceed in
accordance with the approved CEMP. 
Reason:  In order to protect natural heritage assets in the interest of nature
conservation. 
Nature Conservation Conditions
12 No construction activities relating to the solar array installation shall take place
between October and March inclusive unless otherwise approved in writing by the
Planning Authority in consultation with NatureScot. 
Reason:  In order to protect natural heritage assets in the interest of nature
conservation.  
13 Prior to the commencement of development, a Visitor Management Plan shall be
submitted to and approved in writing by the Planning Authority in consultation with
NatureScot.  This shall detail how disturbance to roosting Greenland white-fronted
geese arising from additional human activity shall be prevented.  Thereafter the
development shall be carried out in accordance with these details. 
Reason:  In order to protect natural heritage assets in the interest of nature
conservation.  
14 Prior to the commencement of development, a Distillery Operations Mitigation Plan
shall be submitted to and approved in writing by the Planning Authority in consultation
with NatureScot.  This shall detail how disturbance to roosting Greenland white-fronted

Page 18

geese arising from night time operation of the distillery shall be mitigated.  Thereafter
the development shall be carried out in accordance with these details. 
Reason:  In order to protect natural heritage assets in the interest of nature
conservation. 
15 Notwithstanding the provisions of condition 1, no development shall commence until
full details of a Restoration Method Statement and Restoration Monitoring Plan has
been submitted for the approval of the Planning Authority, in consultation with
Scottish Natural Heritage.  The restoration method statement shall provide
restoration proposals for those areas disturbed by construction works, including
access tracks, hardstandings and other construction areas. Restoration of
construction disturbed areas shall be implemented as agreed in writing with the
Planning Authority. The monitoring programme shall include a programme of visits to
monitor initial vegetation establishment and responses to further requirements, and
long term monitoring. 
Reason: To ensure that disturbed areas of the site are reinstated in a proper manner
following construction in the interests of amenity, landscape character and nature
conservation. 
Decommissioning Condition
16 There shall be no Commencement of Development unless a decommissioning,
restoration and aftercare strategy for the solar array sites has been submitted to and
approved in writing by the Planning Authority in consultation with NatureScot and
SEPA. The strategy shall outline measures for the decommissioning of the
Development, restoration and aftercare of the site and will include, without limitation,
proposals for the removal of the Development, the treatment of ground surfaces, the
management and timing of the works, and environmental management provisions. 
No later than 3 years prior to decommissioning of the Development a detailed
decommissioning, restoration and aftercare plan, based upon the principles of the
approved decommissioning, restoration and aftercare strategy, shall be submitted to
the Planning Authority for written approval in consultation with NatureScot. The
detailed decommissioning, restoration and aftercare plan will provide updated and
detailed proposals for the removal of the Development, the treatment of ground
surfaces, the management and timing of the works and environment management
provisions which shall include: 
a. a site waste management plan (dealing with all aspects of waste produced during
the decommissioning, restoration and aftercare phases); 
b. details of the formation of the construction compound, welfare facilities, any areas
of hardstanding, turning areas, internal access tracks, car parking, material stockpiles,
oil storage, lighting columns, and any construction compound boundary fencing; 
c. a dust management plan; 
d. details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network including wheel cleaning and lorry sheeting
facilities, and measures to clean the site entrances and the adjacent local road
network; 
e. a pollution prevention and control method statement, including arrangements for the
storage and management of oil and fuel on the site; 
f. soil storage and management; 
g. a surface water and groundwater management and treatment plan, including details
of the separation of clean and dirty water drains, and location of settlement lagoons
for silt laden water;

Page 19

h. sewage disposal and treatment; 
i. temporary site illumination; 
j. the construction of any temporary access into the site and the creation and
maintenance of associated visibility splays; 
k. details of watercourse crossings; 
l. a species protection plan based on surveys for protected species (including birds)
carried out no longer than 18 months prior to submission of the plan. 
The Development shall be decommissioned, site restored and aftercare thereafter
undertaken in accordance with the approved plan, unless otherwise agreed in writing
in advance with the Planning Authority in consultation with NatureScot and SEPA. 
Reason: To ensure the decommissioning and removal of the Development in an
appropriate and environmentally acceptable manner and the restoration and aftercare
of the site, in the interests of safety, amenity and environmental protection. 
Water Supply Suspensive Condition
17 No development shall commence until all of the main sources of water supply for the
development have been fully assessed and agreed with Scottish Water.  Full details
of post consent site investigation surveys in relation to the adjacent private spring and
boreholes shall be submitted to and approved in writing by the Planning Authority in
consultation with Scottish Water. 
Reason:  In order to ensure that Scottish Water can maintain its security of public water
supply. 
Solar Array Conditions
18 The solar arrays hereby approved shall be finished in an anti- reflective coating. 
Reason:  In order to reduce the chance of arrays being mistaken for water in the
interest of nature conservation. 
19 Permission for operation of the solar arrays is limited to a period of 30 years from 
the commissioning of the development, following which the permitted equipment 
shall be removed and the land reinstated, unless on application to the Planning 
Authority permission has been granted for its retention for a further period. 
Decommissioning and site restoration shall be completed no later than whichever is
the earlier of the following dates: 
a. 2 years from the end of the 30 year period stipulated in this condition, or
b. 2 years from the date on which the development ceases to supply electricity
for consumption on the airbase, or for export to the national grid, or both. 
Reason: In view of the life expectancy of the proposed development and to ensure the
removal of redundant equipment in the interests of amenity.    
20 No solar panel shall be fixed at an angle greater than 35o relative to the horizontal 
and the structures supporting the solar panels shall contain no moving parts unless 
otherwise agreed in writing with the Planning Authority.  
Reason: In order to avoid possible glint and glare nuisance in the interests of
residential amenity.

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21 Within 2 months from receipt of a written request from the Local Planning
Authority following a substantiated complaint from occupiers of a sensitive property,
the solar farm operator shall, at its expense, undertake a glint and glare assessment
which shall be submitted for the written approval of the Planning Authority. Any
identified mitigation measures arising from this assessment, and the Planning
Authority’s consideration thereof, shall be implemented within two months of being
notified in writing to the operator. 
Reason:  In order to address identified glint and glare nuisance in the interests of
residential amenity 
Drainage Impact Assessment
22 Prior to the commencement of development, a detailed Drainage Impact Assessment
shall be submitted to and approved in writing by the Planning Authority. Thereafter,
the agreed measures in the Drainage Impact Assessment shall be implemented in full
unless otherwise agreed in writing with the Planning Authority. 
Reason:  In order to ensure that the proposed drainage arrangements are acceptable. 
Archaeology
23 No development shall take place within the development site as outlined in red on the
approved plan until the developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation which has
been submitted by the applicant, agreed by the West of Scotland Archaeology Service,
and approved by the Planning Authority. Thereafter the developer shall ensure that
the programme of archaeological works is fully implemented and that all recording and
recovery of archaeological resources within the development site is undertaken to the
satisfaction of the Planning Authority in agreement with the West of Scotland
Archaeology Service. 
Micrositing
24 Tracks, solar infrastructure, compounds and areas of hardstanding shall be
constructed in the position indicated on the approved drawings. A variation of the
indicated position of any such infrastructure shall not be carried out unless : 
a) If the micro-sited position is less than 10 metres, the local planning authority
is notified in writing prior to the variation, or  
b) If the micro-sited position is between 10 metres and 25 metres it shall only be
permitted following written approval of the planning authority.
No variation in position over 25m shall be carried out.  The ECoW shall
supervise and agree all proposed micrositing proposals. 
Reason: To control environmental impacts while taking account of local ground
conditions. 
Environmental Health Conditions
25 Prior to the commencement of the site, a detailed Noise Action Plan shall be
submitted in writing to the Planning Authority. The plan must clearly identify all
practical and managerial control measures, to be adopted to eliminate/minimise the
impact of site noise on surrounding areas. 
Reason: To minimise the impact of noise, generated by construction activities, on
occupiers of residential properties.

Page 21

26 The permitted hours of demolition and construction works shall be restricted to 0800
hours to 1800 hours Monday to Friday and 0800 hours to 1300 hours on Saturday.
No construction or demolition works shall take place outwith these hours, or on
Sundays or Bank or Scottish Public Holidays, unless the written agreement of the
Planning Authority has been obtained in advance, in which case the specified
operations shall be confined to activities which do not present any likely source of
nuisance in terms of noise, vibration, dust or any other consequence likely to be
prejudicial to the interests of residential amenity.  The above times shall include
additional vehicular traffic related to the construction works. 
Reason: In order to protect the residential amenities of the area. 
27 Prior to the commencement of development a noise assessment relating to the solar
arrays shall be submitted to and approved in writing by the Planning Authority in
consultation with Environmental Health.  This shall demonstrate that the project will
not generate noise disturbance on the nearest occupiers of residential properties. 
Reason: In order to protect the amenities of the area from noise disturbance. 
Contaminated Land Condition
28 Unless otherwise agreed in writing and in advance by the Planning Authority, prior to
any development commencing on site, a scheme will be submitted by the Developer
(at their expense) to identify and assess potential contamination on site.  No
construction work shall commence until the scheme has been submitted to, and
approved, by the Planning Authority, and is thereafter implemented in accordance with
the scheme so approved.   
The scheme shall be undertaken by a competent person or persons in accordance
with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or,
in the event of these being superseded or supplemented, the most up-to-date
version(s) of any subsequent revision(s) of, and/or supplement(s) to, these
documents. This scheme should contain details of proposals to investigate and
remediate potential contamination to the satisfaction of the Planning Authority, and
must include:- 
a) A desk study and development of a conceptual site model including (where
necessary) a detailed site investigation strategy. The desk study and the scope and
method of recommended further investigations shall be agreed with the Council prior
to addressing parts b, c, and d of this condition. 
Should the desk study show the need for further assessment this will be undertaken
in the following sequence: 
b) A detailed investigation of the nature and extent of contamination on site, and
assessment of the risks such contamination presents. 
c) Development and agreement of a remedial strategy (if required) to treat/
remove contamination ensuring the site is made suitable for its proposed use (this
shall include a method statement, programme of works, and proposed verification
plan).

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d) Submission of a verification report for any agreed remedial actions detailing
and evidencing the completion of these works. 
Written confirmation from the Planning Authority, that the scheme has been
implemented and completed shall be required by the Developer before any
development hereby approved commences. Where remedial measures are required
as part of the development construction detail, commencement must be agreed in
writing with the Planning Authority. 
Reason: To ensure that the potential risks to human health, the water environment,
property, and, ecological systems arising from any identified land contamination have
been adequately addressed. 
Watercourse Crossings
29 New watercourse crossings should not decrease the capacity of the watercourse post
development. Ideally any new crossing should be designed to convey the 1 in 200-
year flood level plus an allowance for climate change and freeboard. 
Comment:  In the interests of preventing flooding.   
NOTE TO APPLICANT 
 A Section 96 Legal Agreement will be required for the section of road between the A847
Bridgend - Portnahaven Road / C16 Port Charlotte-Kilchearan Road junction and
application site.
 Please see Scottish Water’s consultation response dated 5/5/22
 Please see SEPA’s consultation response dated 15/3/22

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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 21/02718/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
A. Settlement Strategy 
Policy Context: 
The application site is partly located within a ‘Rural Opportunity Area’ (ROA), the
remainder is within land zoned as ‘Countryside’ wherein the provisions of policy LDP
DM 1 offer general support for ‘small’ scale development on appropriate infill, rounding-
off, redevelopment and change of use of existing buildings; plus support for up to and
including ‘large’ scale development on appropriate sites in exceptional circumstances
where this accords with an ‘Area Capacity Evaluation’ (ACE). 
Policy LDP DM1 requires that both land use designations are considered and in this
case as the majority of the site is within the Countryside Zone paragraph (E) of policy  
is the main consideration. It encourages small scale development on appropriate sites.
The existing derelict buildings to the centre of the overall site qualify as redevelopment;
a development of new buildings involving significant demolitions.  However, they are a
small part of the proposed development site which is designated as large scale under
Schedule B1 – Business and Industry scales of development:             
Large-scale – buildings exceeding 600m2 footprint, gross site area exceeding 2
hectares. This proposal site qualifies on both counts and must therefore be treated as
an exceptional case under policy and therefore accord with an area capacity evaluation
(ACE). As this is an EIA Development and a full LVIA has been submitted as part of
the EIAR, it is not considered that an ACE would be necessary in this case an LVIA is
a much more thorough and robust process that an ACE.  It is therefore considered that
this would represent a justifiable minor departure from Policy DM1.   
The provisions of policy LDP 5 sets out that the Council will support the development
of new industry and business which helps deliver sustainable economic growth. The
supporting detail to policy LDP 5 identifies Islay as being both an Economically Fragile
Area, and a Tourism Development Area. 
Policy SG LDP BUS 2 sets out that proposals for new business and industry
development (Use Classes 4, 5, 6 and 7) in the Countryside Development
Management Zones will only be permitted where: 
A) The development is of a form, location and scale, consistent with policy LDP
DM 1. Development proposals must also take account of SG LDP ENV 14 and comply
with Schedule B 1 and Schedule B 3; OR, 
B) Proposals are for all scales of development in Rural Opportunity Areas, or for
small scale development in the Countryside Zone, where the applicant can
demonstrate a clear operational need for a specific location within these zones. 
Schedule B1 sets out large Business and Industry development as per para 2. The
provisions of Schedule B1 also note that within Economically Fragile Areas
consideration will be given to variation of the permitted scales of development in line
with the provisions of policy SG LDP BUS 5.

Page 24

Schedule B3 sets out the preferred locations for business and industry development in
the countryside expressing a preference only for ‘small scale’ development in ‘non-
residential locations’ outwith the allocations and PDAs. Schedule B3 also defines ‘non-
residential locations’ as being “locations where residential use does not predominate
– this includes mixed use areas”. 
The explanatory text to SG LDP BUS 2 sets out that the Council recognises that “Argyll
and Bute has a number of indigenous and emerging industries that are not suited to a
location within an existing settlement. The special needs of the fragile economic areas
are also recognised. … Therefore, where an applicant can clearly demonstrate that
their proposal requires a location in the countryside, permission will normally be
granted, providing that redundant buildings and brownfield sites are used where
possible.” 
In operation however, policy SG LDP BUS 5 effectively overrides the settlement
strategy considerations built into SG LDP BUS 2 as it sets out that in the Economically
Fragile Areas that consideration will be given to varying the permitted scales of
economic development where it is judged by the Planning Authority that: 
• It has been demonstrated that no suitable preferred location is available;
• The proposal is directly linked to the main potential growth sectors supported
by the LDP and the EDAP (Economic Development Action Plan);
• A sustainability checklist has been completed and it has been demonstrated
that any concerns that have been identified over the sustainability of the proposal can
be addressed satisfactorily;
• Greenfield sites are avoided if brownfield land is available in close proximity;
• In residential locations, the proposed development would not erode the
residential character of the area, or adversely affect local residents, through an
increase in traffic levels, noise, fumes, or hours of operation;
• The proposal is consistent with any other relevant Local Development Plan
policy and associated Supplementary Guidance;
• The design, scale and siting of the new development respects the
landscape/townscape character and appearance of the surrounding area. 
The explanatory text accompanying SG LDP BUS 5 confirms that whilst the LDP sets
out a settlement strategy which provides a framework to deliver sustainable
development the provisions of SG LDP BUS 5 serve to provide additional flexibility
from the planning system in support of LDP objectives for sustainable economic growth
and to support population retention and growth. 
The proposal also includes a visitor centre (which should be viewed as an ancillary
development to that of the main distillery) and accordingly regard should be had to the
provisions of LDP 5 and SG LDP TOUR 1 and SG LDP TOUR 3. 
Policies LDP 5 and SG LDP TOUR 3 offer broad encouragement for new and improved
tourism facilities, particularly within designated Tourism Development Areas such as
Islay.  SG LDP TOUR 1 sets out a criteria-based approach, with a general presumption
in favour of new or improved tourism facilities provided certain criteria are met: 
• The development is of a form, location and scale consistent with Policy LDP
DM 1;
• They respect the landscape/townscape character and amenity of the
surrounding area;
• They are reasonably accessible by public transport where available, cycling
and on foot, or would deliver major improvements to public transport services;

Page 25

• They are well related to the existing built form of settlements or the existing
development pattern outwith the settlements and avoid dispersed patterns of
development, unless the developer has demonstrated a locational requirement
based on the need to be near to the specific tourist interest being exploited,
and that the facility will not damage those interests;
AND
• The proposal is consistent with other policies and SG contained in the Local
Development Plan 
The sustainable power element of the proposal comprises two solar arrays one to the
east of the site and visible from the road and the proposed distillery and the other
beyond woods to the south in a sloping area enclosed by wooded hills. They are
intended as a power source for the complex and for a hydrogen plant creating clean
sustainable power for the major production elements.     Policy LP SG Renewables
does not adopt a particular stance on solar energy developments but indicates that
commercial scale photovoltaics should be considered against Policies LDP DM 1, LDP
6 and 10 and relevant Supplementary Guidance. 
Assessment of the Proposal: 
The proposal is for a distillery incorporating a visitor centre with associated parking, a
maturation warehouse for casks and a support building with a battery energy storage
facility and hydrogen plant along with two remote sites for solar arrays. The core site
is around 80m (AOD) around 3.5km east of the conservation village of Port Charlotte. 
The main two storey circular building 150m north of the road is around 990sqm and
will be partially built into the hill side which rises to the north. The building will reach
heights between 4.5 – 9.5m. allowing absorption into this and surrounding higher hills
although the rear will be above the ridge line. The outside will be glazing and stone
cladding with the main fenestration to the north east facing the loch. The roof is mainly
flat with a slight rise to the centre and the entrances are to the north east and south
east. Parking for 17 cars (2 accessible spaces) would be located south of the building
with new and separated accesses for production traffic and visitors. A SuDs system
with a soakaway field will be towards the road. A temporary compound will be created
at the roadside.   
The warehouse and service buildings are to be on the vacant site containing derelict
buildings south of the road. The new support building is a 600sqm rectangular building
rising to around 10m including the roof ridge vents and its principle elevation addresses
the road. There are large roller doors in each gable and is of a standard
agricultural/industrial type design. It will house the batteries, hydrogen plant and an
electricity sub-station.   To the rear of this building is the ancillary plant; hydrogen store;
cooling tower; pot ale and spent lees tanks; grain store. These are subordinate to the
service building with the cooling tower rising to around 7m.   The warehouse is to the
east of these. It is 9m high (to shallow roof ridge) single storey rectangular 932sqm
building addressing the road with further outdoor storage at the roadside. The design
is standard industrial with main doors facing the entrance access. There is waste
storage to the rear. 
This site has existing infrastructure of the access from the road which will run through
the site to the track which leads through the woods one of the solar sites. There is
existing drainage around the site which is to be supplemented with a SuDS system
including a soakaway field to drain the upgraded hard standing and parking areas.   
The solar sites are for around 7850 panels on 334 mounting structures holding up to
34 panels each at 30 degrees. These will be in south westerly facing rows. Electricity

Page 26

transformers will be on each site and connections to the support building infrastructure
formed. The existing tracks to the site will be improved and in the case of the site
closest to the distillery, lengthened with improved access at the road. There are no
identified constraints to developing the site with regards to flooding, aircraft movement,
archaeology or core paths subject to conditions where appropriate. 
The applicant is a three year old company with a small staff based in London and are 
registered as having business activity of distilling, rectifying and blending of spirits. 
The company have identified a commercial requirement for a new Islay malt and have 
expressed a desire to work with the Council to promote not only the new malt but also
Islay as a whisky brand. The retention and creation of jobs in both tourism and the food
sectors are benefits identified in the Argyll and Bute Economic Development Action 
Plan (EDAP) 2013 – 18, as is support for strengthening the branding of Argyll and Bute
indigenous food and drink products.  Once fully operational the jobs created may
number 23 on Islay, a further 3 in the council area and 22 more in Scotland. The value
added to the island from this employment is estimated to be around £1-2million per
annum.   
The application is accompanied by supporting information which seeks to demonstrate
that the proposed development meets the key principles of Sustainable Development
defined in policy LDP STRAT 1, that there is no sequentially preferable location
available for the proposed development, and that the location of the distillery requires
to be operationally linked to an appropriate water source. Other known sites on the
island would not afford the scale or orientation for the solar arrays to provide power for
the buildings and the production of hydrogen as a sustainable fuel. 
The supporting information provides a summary assessment detailing that various
locations, including the existing business and industry allocations on Islay and other
countryside redevelopment locations, are technically unsuitable to accommodate the
requirements of the proposed development. The scale of the renewable power
elements preclude designated sites. Other large sites in the countryside may offer
similar suitable topologies, but the existing derelict buildings and their wider site lend
weight to the suitability over similarly sized sites. Additionally, the proximity to a water
source, few neighbouring land uses and buildings, and the low level of sensitivity by
designated species of flora and fauna are deemed supportive to this choice of location.
Officers are unaware of any other suitable locations either within settlement areas, or
of any ‘brownfield’ sites on Islay which should be given consideration as sequentially
preferable locations for the development. Islay is recognised as an ‘Economically
Fragile Area’ in the LDP and accordingly it is not considered appropriate in this instance
to extend consideration of potential alternative development locations to the wider
Council area. 
The development is not located within a “residential location” having regard to the
definition provided by Schedule B3. The effects of the proposed development upon the
amenity of the locale, including existing residential property within the locality is subject
to detailed assessment in Section B below. 
The proposal is supported by a Landscape and Visual Impact Assessment. The impact
of the design, scale and siting of the proposed development is subject to detailed
comment in Section F below. 
The proposed development is not readily accessible by public transport, nor is there
any segregated pedestrian or cycle access route to the site as an alternative to the
existing single track road. The public road is recognised as unsuitable for an increased
volume of larger vehicles and has therefore been subject to discussions regarding its

Page 27

improvement which are accepted as a general infrastructure improvement for the wider
benefit of communities and visitors. Part of the business case includes the provision of
tourism facilities and creating a destination which is likely to generate significant
additional visitor traffic in its own right. 
In summary, the proposal represents a ‘large-scale’ business and industry/tourism
development within a ‘Rural Opportunity Area’/’Countryside Zone’ where a clear
locational/operational need has been demonstrated.  The provisions of SG LDP BUS
5 recognise the requirement for flexibility within Economically Fragile Areas such as
Islay and make provision for the normal provisions of the Council’s Settlement Strategy
to be varied to accommodate up to ‘large scale’ development in rural areas in
appropriate circumstances. Accordingly, it is considered that the principle of the
development is consistent with policies LDP STRAT 1, LDP 5, SG LDP BUS 2, SG
LDP BUS 5, SG LDP TOUR 1. 
B. Location, Nature and Design of Proposed Development 
The proposal requires to be assessed against the relevant provisions of policy LDP 9
and SG LDP Sustainable in terms of development setting, layout and design. 
The provisions of policy LDP 9 set out that new development shall be required to be
sited and positioned so as to pay regard to the context within which it is located, that
the development layout and density shall effectively integrate with the setting of the
development, and that the design of the development shall be compatible with its
surroundings. 
The provisions of SG LDP Sustainable relating to new industrial development within
isolated locations advises that the form and pattern of the landscape will largely
determine the acceptability of the proposal, and that the extent to which the proposal
would be clearly visible from public roads, viewpoints and neighbouring local
communities is also an important factor. Assessment of proposals shall include
consideration of the visual impact of the size and extent of the proposal and the
distance/location from which it is seen; the location of the proposal and its landscape
setting, including the way in which the development has used natural contours of the
site is of prime importance – in this respect it is noted that a large building must be
absorbed by the landscape as much as possible, whether by excavating, using existing
landforms to mask the development or screening by new trees.  The design and colour
of the development and any ancillary structures can be used to minimise their
perceived bulk and visual impact – it is noted that the use of natural materials such as
timber and stone will help fit a large building into the landscape, as will dark colours. 
The majority of the proposal is on greenfield sites which require minimal preparation
or clearing for the solar arrays. The distillery complex is also greenfield but more rocky
and with vestiges of previous settlements which are only recognisable as such when
on site. The site for the support buildings is brown/greenfield and will require clearing,
upgrade and mitigation for the new buildings.   
The main receptors examined with regards to the development are generally within
300m of the sites and therefore 
 that area of the Rhinns of Islay SPA and SSSI and its indigenous and migratory
nature,
 water resources including the loch and its attendant drainage, 
 solar infrastructure glint and glare,

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 roads and human scale infrastructure,
 noise and odours from the operation of the distillery and its construction and
remediation phase,
 and accessible viewpoints for workers, travellers and tourists and residents. 
These are examined in the relevant sections of this report and are generally compliant
with relevant policies. 
C. Natural Environment 
The sites are within nature conservation designations of Rinns of Islay Site of Special
Scientific Interest (SSSI) and Special Protection Area (SPA) which would be directly or
indirectly affected by the proposed development. The proposal which is located within
3km of The Rinns of Islay Special Area of Conservation (SAC) protected for its Marsh
fritillaty butterfly could also have likely significant effects on this site. There are a
number of notable species within the wider area and concerns in this regard have been
raised by NatureScot and some objectors. The application is accompanied by a
detailed Ecological Impact Assessment which included policy, methodology and
criteria, determination of ecological features and an Ecological Impact Assessment.   
NatureScot were involved in a series of discussions with the applicant and their agents
especially with regards to the disturbance of habitats. Supplementary reports in this
regard were submitted and accepted with regard to policies  They agreed that the
proposed development is unlikely to give rise to any significant loss of habitat or
biodiversity if conditions are in place regarding construction times and methods,
remediation and creation of surrounding habitats and reports regarding the habits of
the protected species throughout the seasons. Two appendices to this report are
supplied containing Appropriate Assessments in relation to the Rinns of Islay SPA and
the Rinns of Islay SAC. 
The Council’s Biodiversity Officer, following the provision of the
supplementary information, is satisfied that the proposed development will not have an
adverse impact upon biodiversity interests within the area, subject to the mitigation
measures and landscape planting identified. 
The purpose of the designation is to avoid deterioration of the habitats of the qualifying
species or significant disturbance to the qualifying species, thus ensuring that the
integrity of the site is maintained:
 Population of the species as a viable component of the site;
 Distribution of the species within site;
 Distribution and extent of habitats supporting the species;
 Structure, function and supporting processes of habitats supporting the
species;
 No significant disturbance of the species. 
The main species to be effected are migratory birds to their breeding grounds and
fritillary fauna; the habitats and feeding of both. The information examined and agree
is consistent with the aims of LDP 3, SG LDP ENV 1, ENV 2 and ENV 4 and the
objectives of the designations and the overall integrity of the area will not be
compromised.   
Policies LDP 3 and SG LDP ENV 7 examine the potential impact of development on:

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 water quality and quantity, ecological status including morphology and flow rate
 riparian habitats and wildlife;
 leisure and recreational facilities and users; 
 economic activity. 
It was determined that the categories of sensitive receptor within the study area:
surface water features, (the lochs and their tributaries), pipelines, peatland and the
wildlife designations would be protected and where possible enhanced by careful
design of the site layout, and the implementation of mitigation methods as outlined in
the accepted plans and conditions that would require to be attached to any approval.
The details of the proposal intend to ensure that any potential risks identified are
avoided and the associated risk is reduced to acceptable levels. Further examination
of the use of water resources is within the infrastructure section of this report. 
Peat lands contain large reservoirs of carbon. Undisturbed, peatlands sequester
carbon from the atmosphere through photosynthesising vegetation. This carbon is
then stored in the soil. This accumulates primarily in waterlogged conditions, where
there is a low potential for decomposition. No peat displacement is required to
accommodate the development thereby retaining important carbon storage
consistent with policies LDP 3 and ENV 11. 
The accompanying EIAR did not identify significant ecological effects for the
development construction and operation, in isolation as present or with similar rigour
applied to any future proposals within its locus. Proposals have been made to enhance
biodiversity for a net gain to the stabilisation and development of habitats with special
regard to Marsh Fritillary and migrating birds which includes habitat creation in and
around the solar arrays. Proposals are consistent with policy are included to ensure
low magnitude effects during construction and comply with good practice.     
D. Historic Environment 
The proposed development does not give rise to any direct or indirect effects upon the
site or setting of any listed building, scheduled monument, or conservation area. The
development site is however located within an archaeological trigger area and
accordingly requires to be assessed against the relevant provisions of policies LDP 3
and SG LDP ENV 20. 
Historic Environment Scotland (HES) did not object to the proposed development.
They noted that some scheduled monuments are located in the vicinity of the proposals
but considered that significant impacts on their settings are unlikely.  The West of
Scotland Archaeological Service (WoSAS) advised that the application lies in a
landscape populated with recorded archaeological sites of prehistoric and later
periods. The proposals will affect recorded sites as detailed in the EIAR cultural
heritage chapter, the conclusions and recommendations of which are agreeable. The
large area of ground that will be disturbed by this development stands a good chance
of unearthing visible or buried unrecorded remains which could be of any period and
which may survive below ground level. As such, a potential archaeological issue is
raised by the proposals.  A planning condition is proposed. 
HES agreed with the EIAR findings that the site is close to the historic settlement of
Gearach which appears to have been abandoned and resettled over a long period of
time. However, the potential for artefacts as far back as Roman times to be present or

Page 30

recoverable is low. However, there may be prehistoric remains which are difficult to
identify with an archaeological watching brief. 
Once built and operational, the concern is the landscape/visual impact on existing site
up to, for example 2km from of the distillery building. Site visits indicate that there is
little if any intervisibility between historic sites in the vicinity of the proposal. The
proposal is deemed to be consistent with policies LDP 3 and LDP ENV 20 
E. Impact of Woodland   
The large area of woodland to the south and through which the second solar array
site is accessed and framed will not require felling or any non commercial replanting.
This is consistent with policy LDP 10 which seeks to avoid the loss of trees and
woodland. The policy also provides opportunities for new planting and this should be
in accordance with the local pattern of woodlands, thereby avoiding erosion of
distinctive landscape patterns and enhancing landscape character. 
The main focus of the planting plan is to achieve year round screening of the
warehouse and support building south of the minor road, from the road and some
views from the distillery site. The tree varieties will be coniferous (eg Scots pine).
Athough positioned mainly for screening they will also integrate and strengthen the
existing pattern of trees along the southern side of the minor road. Further planting
will flank the new service access road to the distillery creating an avenue effect.
These will add to the existing woodland which currently lines the road and help
strength the landscape character. 
New plantings will assist with drainage and soil retention in what are exposed areas
of the wider site. No key landscape features will be lost, and elements such as dry-
stone dykes and woodland will be enhanced through reinstatement and planting, 
The provisions of policies LDP 3, LDP 10 and SG LDP ENV 6 are consistent with the
proposals maintaining and enhancing the existing plantings. A representation was
made regarding access to the commercial woodland. The submitted plans are not
deemed to show conflict with the neighbouring commercial plantings and their
management.   
F. Landscape and Visual Impact 
The application site is not located within a landscape designation so its impact upon
local landscape character should be assessed against the provisions of LDP 9, LDP 3
and SG LDP ENV 14. 
The provisions of SG LDP ENV 14 state that outwith scenic designations that the
council will consider landscape impact when assessing development proposals, and
will resist development when its scale, location or design will have a significant adverse
effect on the character of the landscape, unless is demonstrated that any such effects
upon the landscape quality are clearly outweighed by social, economic or
environmental benefits of community wide importance; AND that the Council is
satisfied that all possible mitigation measures have been incorporated into the
development proposal to minimise adverse effects. 
Furthermore, the proposal is for a ‘large’ scale development located within a site
encompassing both ‘Rural Opportunity Area’ and ‘Countryside’ development
management zones. The applicant has satisfactorily set out grounds allowing the

Page 31

proposal to be considered as an ‘exceptional case’ and the application is
accompanied by a ‘Landscape and Visual Impact Assessment’ (LVIA) report
prepared on behalf of the applicant by qualified Landscape Architects (this report
may be reviewed in full via public access) - including visualisations of the proposal
from key viewpoints. 
The development is located in the Rocky Moorland landscape of Argyll and Bute. 
Taking account of the LVIA process it is concluded that the distillery and visitor centre
and warehouse support buildings can be accommodated in this landscape with
minimal impacts.  Mitigation in the form of appropriate tree planting and the use of
dry-stone dykes will assist with this. 
The impact of the solar arrays is examined in section I of this report and therefore the
impact, visual influence and mitigation of the distillery, warehouse and support
buildings only will be examined here. The applicant has supplied a series of viewpoint
natural images which show the sites from a variety of locations and giving a current
representation of the site in the round. As the site south of the road is already
occupied by buildings, and the elevations for the distillery are realised within the
plans and are deemed to be easily referenced with the viewpoints, proposed
visualisations were not deemed required as an addition to officers own visits.     
Policy requires the council to resist development when its scale, location or design
will have a significant adverse impact on the character of the landscape unless it is
demonstrated that:
(A) Any such effects on the landscape quality are clearly outweighed by social,
economic or environmental benefits of community wide importance; AND
(B) The Council is satisfied that all possible mitigation measures have been
incorporated into the development proposal to minimise adverse effects. 
The landscape is rocky moorland consistent with this part of Islay and the circular
stone clad distillery, functional but modern warehousing and support buildings and
expected modern infrastructure are designed proposing materials, positions and
scales to complement the existing landscape character and are able to be
accommodated with minimal impacts from key viewpoints and passing traffic. It is
deemed to be in character with the landscape and have a relatively small footprint
minimising disruption or contrast to the baseline where elements are minor and only
affect the landscape immediately adjacent to the development. No key landscape
features will be lost, and elements such as dry-stone dykes and woodland will be
enhanced through reinstatement and planting’ as required by policy LDP 9. 
Proposed mitigation measures can be grouped under three headings: 
 Mitigation built into the design. The design process has aimed to reduce
environmental impacts through careful siting of proposed infrastructure. 
 Adoption of Best Practice during construction, including further micro-siting where
required. 
 Restoration and enhancement of the site post-construction. 
These will be controlled by conditions by conditions attached to any approval.   
G. Road Network, Parking and Associated Transport Matters

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The provisions of policy LDP 11 set out that the Council will seek to ensure that an
appropriate standard of access is delivered to serve new developments, including off-
site highway improvements where appropriate. 
In this instance, the development is served by a sub-standard public road which
presently connects to Port Charlotte at the A847 for some 3.45km.  Access to the
proposed development would involve negotiating the single track public road which is
not only narrow in width but also is also sinuous in nature and contains a number of
tight bends. The provisions of policy SG LDP TRAN 5 sets out that there is a
requirement for developments to contribute proportionately to improvements to an
agreed section of the public road network where the proposals will significantly
increase vehicular or pedestrian traffic on a substandard public approach roads. The
suitability of the existing public road to accommodate additional vehicle traffic
associated with the proposed development has been subject to comment and concern
from the council’s roads department. They identified as priorities a Traffic Impact
Assessment, upgrades of existing passing places and the creation of more passing
places on the route with intervisibility and sufficient space for large vehicles to idle while
others pass without detriment to the road surfaces or their verges. The upgrade of
existing vulnerable sections of road is also required. 
The roads team have further commented that the applicant should be made aware
that there will be no financial contributions from Argyll & Bute Council towards the
work required to facilitate the works or to make good any damage directly attributable
to the construction works and that the applicant should be made aware that they will
be responsible for making good any damage to the public road which is directly
attributable to the construction of the development. The commensurate
improvements such as new passing places, may require land outwith the applicant’s
control. The plan showing the suggested locations for passing places, Reference
21064_005 does not show equally spaced (as far as possible) passing places and it
will be a condition of any approval that an acceptable plan is agreed with the
council’s officers. 
The site itself will use the existing access to the south for the warehouse, ancillary
buildings and the track to one of the solar array sites. New accesses for the distillery
complex, its parking and servicing will be created on the north side of the road. Another
access to service the other solar array will also be created. The roads team require
conditions to be attached to any approval recommendation to cover:      
 Traffic Impact Assessment for section of C16 Port Charlottee – Kilchearan
Road
 identify requirement for additional passing places (with ABC Roads) on
public    approach road, 
 provide plan identifying location and specification of new/upgraded
passing places, and confirmation whether 3rd party land is required for any
of these to be formed.
 report on public approach roads vulnerable to proposed traffic loading –
assessment of culverts or structures and measures to mitigate damage.
 Traffic Management Plan, 
 Method Statement for transportation of materials, plant and equipment –
include pre-
 development road survey, Inspections of road, repair of roads defects,
 delivery of off site passing places and provision of signage,
 parking and turning to be provided as per plan,
 junction details to be agreed to adoption standard,
 provision of onsite turning for HGV.

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The provisions of policies LDP 11, SG LDP TRAN 4 and SG LDP TRAN 6 set out the
Council’s requirements in respect of site access and parking provision require
consideration. Subject to suspensive conditions requiring considerable surveying and
upgrading of the route to the distillery site, the roads department are content that the
applicant has the information, specification and capability to effect these works in
advance of any construction works. The necessary work is also recognised as an
opportunity for planning gain through offsite road improvements under policy SG LDP
PG 1. 
The area is used for recreation but there are no core paths crossing the site and the
development will actually enable access to some prominent viewpoints and is
acceptable under policy SG LDP TRAN 1. The introduction of the pathways, access
improvements and parking (including wide berths) will be of benefit to visitors of
restricted ability and is compliant with policy SG LDP TRAN 3. There are no existing
public transit routes to the site and although the proposal will be a journey generator it
is not contrary to SG LDP TRAN 2: indeed the required roads improvements may
encourage non motor travel.     
H. Infrastructure / Waste Management 
The proposal is to have separate drainage systems on site for the north (distillery and
visitor car park) of the road and south of the road (cask warehouse and renewables
support building). For the north, surface water will be treated via SuDS methods and
storage provided up to the 200yr critical storm level. Discharge will be restricted to
the equivalent 2yr green field run-off and outfall into an existing adjacent
watercourse. Foul water will pass through a sewage treatment plant and discharge to
a drainage field to be licenced by SEPA It may be possible to also discharge this to a
watercourse if the drainage field is unfeasible. For the southerly buildings surface
water will also be treated via SUDS methods and storage provided as above. Foul
water will pass through a sewage treatment plant and discharge to an existing
adjacent watercourse with a SEPA registration. The SEPA standing guidance is
required to be followed in this respect.   
SEPA’s Flood Risk Map within the area and has identified both Loch Gearach and
the headwaters of Abhainn Gearach to be at a high likelihood of both surface water
and river flooding. The Map does not identify any other risk of river flooding within the
area however, it does indicate that there are some limited areas with a high risk of
surface water flooding. These flood extents are in the southern, western, and
northern regions of the area and are associated with the burns that pass through the
forestry, firebreaks within the forestry, and Loch Conailbhe. These remain confined to
the watercourse channels and to periodic pools within the forestry. There are no
‘Potentially Vulnerable Areas’ noted within the area, i.e. no potential impacts of
flooding on potentially vulnerable areas of people, properties, community services
and specific environmental sites. These results are within defensible and remedial
parameters and are consistent with the aims of policies LDP 10 and SG LDP SERV
7. The proposer supplied detailed sustainability information as part of the overall
EIAR and its detail is sufficient to be acceptable under policy.   
The Water Treatment Works (WTW) at Port Charlotte abstracts raw water from Loch
Gearach, producing a potable drinking supply for existing customers as well as future
customers as per this proposal. The supplied EIAR documentation acknowledges that
Loch Gearach is a ‘small water body’ and understanding is required as to what

Page 34

abstraction may be achievable from the loch. Scottish Water note that two other
sources of water are being considered for the development’s supply: 
 a borehole to be identified and tested for quality and quantity,  
 an existing adjacent private spring   
The applicant has stated “Post consent site investigation surveys will commence to
establish the borehole location(s) and to assess the existing spring”. Therefore, whilst
the application mentions three sources of water as potential points of supply, two of
those sources will only be subject to detailed hydrological verification post consent. 
With that being the case, Scottish Water would have to responsibly consider both the
best case and worst case outcomes of those future investigations and its impact upon 
raw water yields and demands at Loch Gearach. 
Scottish Water have identified Process Specific Demands as follows:
Distillery
• Approximate requirement of 18m3/daily (process only)
• Approximate requirement of 2m3/daily (domestic usage – distillery/visitor centre)
• Approximate requirement of 7m3/daily (hydrogen production) 
Water Usage would equate to a total water usage of 27m3/daily ‘after filtration and
required purification stages. The proposers require to work closely with Scottish
Water to explore the potential as to what abstraction may be achievable from Loch
Gearach itself. 
If for any reason should these proposed boreholes and adjacent spring be found to
be insufficient to meet a significant portion of water demands post consent, this could
in effect mean that a considerable proportion of the 27m3 daily demand would need
to be abstracted from Loch Gearach itself. If that were to be the case, Scottish
Water’s ability to maintain its general security of supply would have to be carefully
assessed.  A suspensive condition is proposed to ensure that post consent water
supply surveys are submitted to the planning authority and agreed with Scottish
Water before the development can proceed. 
Scottish Water note the details relating to protective measures as outlined in the
relevant Control of Major Accidents and Hazards (COMAH) assessment tables and
mitigations detailed in order to minimise the environmental knock-on effects of any
process incidents or failures that may impact upon the environment and public water
supply. Containment measures relating to cleaning chemicals, ethanol or fire water,
spreading to the surrounding environment, particularly to Loch Gearach itself, is
welcomed. Proposed detection measures to be in place to warn of such spillages
require a documented procedure for liaising with Scottish Water, should any risk of,
or actual occurrence of, such named substances accidentally enter Loch Gearach. 
Scottish Water requires access general access through the site for maintenance and
monitoring and also to protect any underground assets. They also require vehicle
and operative access to the reservoir at any point within a 24 hour and 7-day period
when necessary. 
With regards to the above information and agreements, Scottish Water are content
with the proposal and the detail contained in the accompanying EIAR.

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The proposer intends to construct a compound beside the main road in order to
facilitate the construction process and the handling of waste material for separation
and removal from the site. This area will be remediated once construction has been
completed. It is expected that if borrow pits are required for winning materials during
construction, these will be subject to a separate application.   
The industrial waste created by the distillery process which consists of spent lees and
pot ale is to be stored to the rear of the support building where it can be collected using
the upgraded infrastructure of this part of the site.   
The detail and options outlined by the proposer and the terms of agreements regarding
the water systems and waste management with the council and consultees, will require
conditions attached to any approval. Further consultation specifically with water supply
require to be ongoing. The proposal is deemed to be consistent with policies LDP 10,
SG LDP SERV 1, SG LDP SERV 2, SG LDP SERV 3, SG LDP SERV 5(b) and SG
LDP SERV 6. 
The proposed LDP 2 upgrades this policy advice but is broadly similar in intention.   
I. Renewable Energy Generation (Ancillary to Industrial Development) 
The proposal is to install 7857 photovoltaic panels, each with a generating capacity of
265 watts which together would produce an overall installed capacity of around 4.25
MW. These will be arranged on two sites and a 700kW hydrogen electrolyser and a
5MW battery energy storage system to be housed across from the distillery next to the
warehousing between the two array sites. The northerly site array is 3.3 hectares (20
rows of varying lengths to fit the irregular site) and the southerly 2.9ha. (19 rows, either
side of the access) with 6.4m between each row, in order to avoid shadowing between
rows. Each panel measures 1.7 x 1.0m and will be aligned so that it is facing towards
the south at an inclined angle of around 30 to 35 degrees. The panels will be affixed
to mounting frames which, dependant on ground conditions, are likely to be screwed
into the ground rather than being more permanently affixed. The mounting frame will
be 1m above ground level and the top of the inclined plane of each panel will reach a
maximum height of 2.9 metres. 
Wiring from the banks of panels will connect via underground cable to a nearby
electricity sub-station with switchgear to be accommodated in an adjacent building.
The only additional element will be a pre-fabricated transformer enclosure finished
externally in green and measuring 5.0 x 2.5m in area and 2.5m high, which will be
located adjacent to the existing sub-station. For security purposes the whole of the
array will be enclosed by a 2m high weldmesh fence mounted on wooden poles.  The
site will be subject to remote surveillance by pole mounted CCTV infra-red cameras,
which will obviate any requirement for on-site lighting. A section of 4m wide hardcore
access track will be bisect the site and form a connection between the taxiway to the
north and the roadway to the south, in order to serve vehicles required for construction,
maintenance and decommissioning.  The design life of the array is expected to be up
to 30 years, following which the site will either be decommissioned or re-equipped             
Landscape and Visual Effects
The solar element would have the biggest footprints of the complex. The locations of
the solar elements sit within a medium scale landscape and should be easily
accommodated with minimum impact. It is unlikely that the development would

Page 36

dominate the character of the area due to the focal point of the distillery and the
replacement buildings on the vacant site. 
The easterly array will be positioned within a shallow glen, which minimises any
potential effects on the skyline. It may be visible from the surrounding area but will not
form the skyline from any viewpoint. The southerly array development will be
backdropped by mature woodland reducing the skyline impacts. The immediate
landscape is dominated by moorland, woodland and rocky outcrops, which are all
evident in close proximity to the development. The presence of these features gives a
strong sense of character. The southerly array being beyond the woods will not be
visible from accessible viewpoints until on site, where it will be framed and dominated
by the woodland. The easterly will act as an introduction to the complex when arriving
from Port Charlotte, but is unlikely to be a distraction from the simple aesthetics of the
distillery building on the higher ground are you draw near. The hills will act as a
backdrop to views when approaching from the west.        
Glint and Glare
Government advice prompts the requirement for a ‘glint and glare’ assessment to
consider the effects of development on ground based and aviation receptors. This has
been carried out by the applicants and addresses the issue of reflectivity and the extent
to which this might pose problems. Glint is produced as a direct reflection of the sun
on the surface of the PV panel whereas glare is a continuous source of brightness,
relative to diffused lighting reflected from the bright sky around the sun. Glare is
significantly less intense than glint. 
A condition is proposed to require the operator to undertake remedial measures in the
event of any substantiated complaint from the occupiers of a residential property in
respect of a persistent glint and glare impact upon residential amenity.   
Conclusion   
Government and local development plan policy encourages a wide portfolio of sources
of renewable electricity generation in sustainable locations where effects upon the
receiving environments are within acceptable limits. 
The proposal is therefore deemed consistent with policies LDP 6 and SG Renewable
Energy. 
J. Amenity Issues 
The Council will resist any proposal that would have an unacceptable adverse
impact upon the amenity of neighbouring land uses resulting from, but not
limited to the following: 
 noise or vibration 
 odour or fumes 
 light pollution or flicker 
Policy LDP 6 in supporting the growth of renewables has limited reference to
the effects of solar arrays. This cumulative impacts on neighbouring buildings,
natural environments, landscape character and visual amenity have been
examined within the other sections of this report.

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Policies LDP 8 and SG LDP BAD 1 and emerging LDP policy 14 provide for
transport, servicing and light to be such that no loss of amenity is suffered by
neighbouring land uses including dwellings. This report has examined these
themes and the likelihood of glint/glare from the arrays is minimal and the
access and servicing will be by agreed designated and clear routes from the
main road. The prevailing wind should mitigate the odour issues a distillery is
bound to produce as they would tend to drift over the loch rather than the
nearest dwellings or roads users. 
The proposer supplied a detailed survey regarding the possibility of disturbing
contaminated land as the previous uses although probably domestic may
contain contaminants. The survey was negative and therefore accepted under
policies LDP 10 and SG LDP SERV 4.     
K. Socio Economic Issues 
The proposers have a ten year plan predicated on sales from year four to ten and
have posited a figure of £1.2 million in Gross Value Add (GVA) by year ten. This
figure is the value of output less the value of intermediate consumption; it is in this
case a measure of the contribution to GDP made by an individual producer with the
profit element removed. There is also an expectation of the overall business
supporting 23 jobs on the island by this stage and having supported construction jobs
for eight years at a figure worth between £5 and 6 million. Overall the estimate for the
construction of the buildings, plant and solar arrays may be £15 million. 
The applicant intends to contract with large firms who have access to staff on the
island. Construction jobs represent about 7% of the current job market on the island.
The supply chain for the distillery may secure two or more of the jobs and be worth
around £100000 GVA.     
Catering for the tourist sector will account for many of the created jobs and the
proposer suggests that the distillery will attract around a further 2% of existing
numbers. It is of course accepted that the majority of visitors to the distillery would
not be additional but would be visiting anyway whether as whisky or other leisure
tourists.   
The company are considering community interest opportunities which may include
share options for local people, purchase of revenue streams and/or a community
benefit fund paid as a fixed amount or linked to output. 
The applicant has also suggested that the economic multiplier effect for induced and
indirect impacts may be £72000 once adjusted for tariffs from staff salaries. Should
these figures be accurate the housing deficit on the island is recognised and the
availability in Port Charlotte as identified in the most recent Islay Strategic Housing
Overview is below the likely requirement level. However, permission has been
granted for 29 houses just north of Bruichladdich which is extant although yet to
break ground.     
The economic case is consistent with policies LDP STRAT 1 paragraph a) LDP 5 and
SG LDP BUS 5 in showing an exceptional economic case with attendant socio
economic benefits for the locale, the island and the wider council area.

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The tourism expectation for distilleries in rural Scotland (and almost all new builds) is
that there will be tour arrangements with a tasting and retailing opportunity at the end.
This proposal intends to offer a retail facility to complement the visitor experience
within the distillery building. Islay is a Tourism Development Area. It is not anticipated
the proposed land uses on site will have a detrimental impact on the viability of
existing comparison and convenience offerings within the settlements of Islay. The
proposal is deemed consistent with policies LDP 5, SG LDP TOUR 1 and 3 and LDP
7, SG LDP RET 4.

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HABITATS REGULATIONS ‘APPROPRIATE ASSESSMENT’
HABITAT DIRECTIVE 92-43-EEC
THE CONSERVATION (NATURAL HABITATS AND C.) REGULATIONS 1994 
AS AMENDED  
Rinns of Islay Special Area of Conservation (SPA)  
Purpose of the designation  
The Habitats Directive aims to conserve biodiversity by maintaining or restoring species to
favourable conservation status. The Rinns of Islay Special Protection Area (SPA) was
classified on 25 April 1990; extended 27 November 1995 and the (amended) citation adopted
on 27 April 2018.
It covers a large site covering areas of wetland, open moorland and low intensity
agricultural land on the island of Islay on the west coast of Scotland. The boundary of the SPA
overlaps wholly with the Rinns of Islay Site of Special Scientific Interest (SSSI).
It has a qualifying interest by regularly supporting populations of European importance of the
species: hen harrier Circus cyaneus, corncrake Crex crex,  chough Pyrrhocorax pyrrhocorax,
whooper swan Cygnus Cygnus and Greenland white-fronted goose Anser albifrons
flavirostris. Rinns of Islay SPA further qualifies under Article 4.2 by regularly supporting a
population of European importance of the migratory species: common scoter Melanitta nigra 
The purpose of the designation is to avoid deterioration of the habitats of the qualifying species
or significant disturbance to the qualifying species, thus ensuring that the integrity of the site
is maintained:
 Population of the species as a viable component of the site;
 Distribution of the species within site;
 Distribution and extent of habitats supporting the species;
 Structure, function and supporting processes of habitats supporting the species;
 No significant disturbance of the species.  
Consequences of the designation
In circumstances where European Protected Species could be subject to significant effects as
a consequence of development proposals, the competent authority, in considering whether
development should be consented, is required to undertake an ‘appropriate assessment’ to
inform its decision-making process, on the basis that where unacceptable effects are
identified, or in cases of ‘reasonable scientific doubt’, then permission ought not to be granted. 
An ‘appropriate assessment’ is required to be undertaken in cases where any plan or project
which:     
(a)  Either alone or in combination with other plans or projects would be likely to have a          
significant effect on a European site designated for nature conservation; and     
(b)  Is not directly connected with the management of the site.  
It is considered by NatureScot (SNH) that the development proposed by means of planning
application (ref: 21/02718/PP) could affect the qualifying interests which are: Greenland White

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Fronted Geese (GWFG), Hen Harriers (HH), Corncrake, Common Scoter, Chough and
Whooper Swan. 
Otters and bats are not deemed to be at risk from the proposal. 
The proposed site lies entirely within the SPA and the SSSI with the nearest boundary of the
designation approximately 450 metres to the north east then recommences at around 1000m.
This is within the mean maximum foraging range for birds identified as the qualifying interest
of the SPA. As a consequence, Argyll Bute Council has conducted an ‘appropriate
assessment’, as per the Conservation (Habitats and C.) Regulations 1994 (as amended),
having regard to the anticipated effects of development and the conservation objectives for
the site’s qualifying interests. This assessment is detailed below.  
Characteristics of the development  
The proposal is for the erection of a distillery and visitor centre, with associated and ancillary
development including support warehousing buildings, installation of a sewage treatment
plant, two nearby solar panel sites and formation of all necessary accesses. 
The development sites have the potential to disrupt breeding and nesting birds of low
populations and protected species and cause damage or displacement to feeding areas used
by the qualifying species. The solar panels may be a distraction and danger to flight and
nesting patterns. The development of a large area (over 2ha) within the protected areas may
disrupt the habitats and movements of all fauna, protected or otherwise. The use of the waters
from the nearby loch may affect water levels and therefore the hydrology of the wider area
including domestic supplies.      
Assessment  
The assessment considers the impact of the proposals on the birds identified as the qualifying
interest and has regard to the applicant’s submitted information in support of the planning
application, and to consultation advice provided by NatureScot.  
NatureScot has raised concerns about the submitted proposal on the basis that  this proposal
is likely to have a significant effect on the Greenland white-fronted goose and Hen harrier
populations of the Rinns of Islay SPA supporting the main populations on the Rinns of Islay
SAC and have detailed a series of outline topics and recommendations to be conditioned
should the application be approved in accordance with the proposed mitigation measures as
listed below:  
 No construction or activities required for solar array installation to take place between  
October and March inclusive. 
 An agreed visitor management plan to prevent disturbance to roosting GWFG from the
additional human activity should be in place prior to construction commencing. 
 An agreed distillery operations mitigation plan to prevent disturbance to roosting
GWFG from the night time operation of the distillery should be in place prior to
construction commencing. 
 Anti-reflective coating must be used on solar panels.

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 Pre-construction checks for any Hen harrier nests or roosts within 750m of the proposal
must be carried out. 
 An agreed specific species protection plan for each relevant SPA and SAC qualifier
species should be in place prior to construction commencing. 
 An agreed decommissioning plan should be in place prior to construction commencing. 
 The detailed Habitat Management Plan should be agreed prior to construction  
commencing. 
Nature Scot further commented that the applicant’s breeding bird survey did not identify any
species of concern however, as this is a snapshot in time they suggested that winter Vantage
Point surveys are taken especially with regard to GFWG and included in management plans
required under suggested conditions. The mitigation plans utilising (especially) pre-
construction surveys require to be robust and to deal with any potential reckless offence under
the Wildlife and Countryside Act 1981, which in practical terms means construction works,
particularly the solar array work, was carried out outwith the breeding bird season when
possible. 
The developments should also seek to provide net benefits with regard to habitat preservation,
mitigation and introductions of new habitats including peat land. This should be additional to
the design requirements of avoidance, minimisation or compensation. Opportunities have
been identified for this with corncrake in and around the solar but this needs careful
consideration to ensure the habitat enhancement is compatible with the solar array
management requirements. The full impacts of solar arrays is as the report states not fully
known as there are no compatible comparator sites identified. The scale of the two proposed
sites are small and unlikely to lead to significant loss of supporting habitats or introduce a
significant collision risk. 
The applicant has produced a comprehensive Environmental Impact Assessment Report
(EIAR) in which appendix 12.1 concerns a Habitat and National Vegetation Classification
Survey covering carbon and soil profiles, description of habitat types, notable and invasive
species, evaluation of botanical interest and the impact to sensitive habitats and mitigation
considerations which have helped inform proposed conditions to be attached to any approval
The NatureScot comments also highlight the comments made in the EAIR which identify
potential adaptive management measures and are expected to be included in detail in the
required plans as outlined in the suggested conditions. 
Conclusion  
The potential impacts of the development in relation to the conservation objectives cited in the
SPA designation have been considered in the light of the above and it has been concluded
that with identified mitigation measures in place the impacts arising from the operation of the
development as proposed will not, with identified mitigation in place,  have a significant impact
upon qualifying interests, and accordingly there is no reason to withhold permission on
European nature conservation grounds.

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HABITATS REGULATIONS ‘APPROPRIATE ASSESSMENT’
HABITAT DIRECTIVE 92-43-EEC
THE CONSERVATION (NATURAL HABITATS AND C.) REGULATIONS 1994 
AS AMENDED  
Rinns of Islay Special Area of Conservation (SAC)  
Purpose of the designation  
The Habitats Directive aims to conserve biodiversity by maintaining or restoring species to
favourable conservation status. 
The site lies within 3km of the Rinns of Islay SAC. It has a qualifying interest by regularly
supporting populations of European importance of the species of Marsh fritillary
metapopulations which are not exclusive to the boundaries of the SAC. NatureScot reviewed
the applicant’s survey on 10 August 2022
The purpose of the designation is to avoid deterioration of the habitats of the qualifying species
or significant disturbance to the qualifying species, thus ensuring that the integrity of the site
is maintained:
 Population of the species as a viable component of the site;
 Distribution of the species within site;
 Distribution and extent of habitats supporting the species;
 Structure, function and supporting processes of habitats supporting the species;
 No significant disturbance of the species.  
Consequences of the designation
In circumstances where European Protected Species could be subject to significant effects as
a consequence of development proposals, the competent authority, in considering whether
development should be consented, is required to undertake an ‘appropriate assessment’ to
inform its decision-making process, on the basis that where unacceptable effects are
identified, or in cases of ‘reasonable scientific doubt’, then permission ought not to be granted. 
An ‘appropriate assessment’ is required to be undertaken in cases where any plan or project
which:     
(a)  Either alone or in combination with other plans or projects would be likely to have a          
significant effect on a European site designated for nature conservation; and     
(b)  Is not directly connected with the management of the site.  
It is considered by NatureScot that the development proposed by means of planning
application (ref: 21/02718/PP) could affect the qualifying interests which are Marsh fritillary
metapopulations.     
Characteristics of the development

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The proposal is for the erection of a distillery and visitor centre, with associated and ancillary
development including support warehousing buildings, installation of a sewage treatment
plant, two nearby solar array sites and formation of all necessary accesses. 
Marsh fritillary are a qualifying species of a nearby SAC. This species is known to rely on meta
populations so populations found outwith the SAC boundary can be important components of
the SAC population. This is highlighted in the Conservation Advice Package (CAP)7 document
for the site, which states “The population at the Rinns of Islay SAC also use suitable habitat
in the surrounding wider countryside. When assessing the effects of any plan or project
consideration should be given to whether impacts outwith the SAC could affect achievement
of this conservation objective.” 
Assessment  
This assessment considers the impact of the proposals on butterflies identified as the
qualifying interest and has regard to the applicant’s submitted information in support of the
planning application, and to consultation advice provided by NatureScot.  
NatureScot has raised concerns about the submitted proposal on the basis that this proposal
could have likely significant effects on the Marsh Fritillary metapopulations of the Rinns of
Islay supporting the main populations on the Rinns of Islay SAC and their environs. The major
threats to the marsh fritillary population at Rinns of Islay SAC are: habitat loss from land
development and agricultural improvement, afforestation, changes in grazing regimes, and
increasing fragmentation and isolation of habitats. The development will remove habitat at the
distillery site and on the access track and impact habitat at the solar array sites therefore the
development presents a likely significant effect to marsh fritillary.  Due to the metapopulation
nature of this species, populations and habitat outwith the SAC are important. 
On the basis of further information submitted by the applicant, NatureScot has advised that
Due to the metapopulation nature of this species, populations and habitat outwith the SAC are
important. Given the marginal existing habitat and low numbers recorded, it likely this area
does not hold a significant population therefore the disturbance to the species is likely to be
small scale, relatively localised and potentially reversible with the provision of habitat
improvement, therefore not likely to cause an Adverse Effect on Site Integrity. 
Due to the protected status of the Marsh fritillary an agreed species protection plan should
be in place prior to construction commencing which will be a condition of any approval. This
should provide detail in relation to specific measures to be taken if Marsh Fritillary or their
caterpillar webs are found during construction so that there is confidence that there would be
no adverse effect to site integrity. It also needs to ensure there is no potential for any reckless
offence under the Wildlife and Countryside Act 1981. 
The applicant’s outline habitat management plan states that habitat management will be
carried out to provide marsh fritillary habitat within the two solar array areas, or could be
accomplished elsewhere within the ownership boundary which would potentially provide
biodiversity net gain.

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The habitat management plan needs to ensure that the marsh fritillary management
requirements are referenced to the maintenance requirements of the solar arrays. The final
habitat management plan must detail the current grazing regime. The habitat management
needs to identify and present the likely effectiveness of the any new proposed ground and
equipment management. The detailed Habitat Management Plan should be agreed prior
to construction commencing.   
Conclusion  
The potential impacts of the development in relation to the conservation objectives cited in the
SAC designation have been considered in the light of the above and it has been concluded
that with identified mitigation measures in place the impacts arising from the operation of the
development as proposed will not, with identified mitigation in place,  have a significant impact
upon qualifying interests, and accordingly there is no reason to withhold permission on
European nature conservation grounds.