Mr S Islam: Change of Use of Ground Floor Retail Unit to Café/Restaurant and Two Short Term Holiday Lets Along with the External Colour Change: Zinc Organics (the Rest), the Old Post Office Building, Campbeltown Road, Tarbert (Ref: 26/00047/Pp)
Argyll and Bute Council · 19 August 2026
Back to Planning, Protective Services and Licensing Committee — 19 August 2026 and its agenda
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Argyll and Bute Council Development & Economic Growth 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: 26/00047/PP Planning Hierarchy: Local Application Applicant: Mr S Islam Proposal: Change of use of ground floor retail unit to cafe/restaurant and two short term holiday lets along with the external colour change Site Address: Zing Organics (The Rest) The Old Post Office Building Campbeltown Road Tarbert Argyll And Bute PA29 6SX DECISION ROUTE Committee Decision under Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Change of use of ground floor unit from Town and Country Planning (Use Classes) (Scotland) Order 1997 Class 1A to Class 3, and formation of 2no. short term letting (STL) units • Change of external colour • Installation of replacement doors on south and east elevations • Existing window on north elevation to be blocked off, and installation of extractor and flue • Existing window opening to be reinstated on north elevation (ii) Other specified operations • Internal alterations (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that Planning Permission be granted as a minor departure to Development Plan Policy and subject to the conditions, reasons and advisory notes appended to this report. (C) CONSULTATIONS: Tarbert & Skipness Community Council – 23.03.2026 Objection as Members were concerned that there is an over provision of STL units in Tarbert; and that the proposal would lead to a loss of a business premises. Officer Comment: Over supply of STL units is a consideration that carries limited weight. Regarding the comment on the loss of a business premises, part of the property would be used as a restaurant/ café. The potential impact on the town centre is assessed further in the main assessment of the proposal at Part (P).
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Area Roads - Mid Argyll Kintyre And Islay • Initial consultation response dated 11.03.2026 Recommendation: Refusal. Area Roads advised that the proposal is located adjacent to the A83 Tarbert to Campbeltown (Trunk) Road within a 20mph speed restriction in Tarbert. There are no existing on-site parking facilities available or space to provide any. Area Roads further commented that whilst the number of vehicle movements generated by the restaurant/café will not be significantly different than that of the former use, the addition of 2nos. STL units will generate additional traffic and under the local plan, parking should be provided at 1 space per unit. • Subsequent consultation response dated 02.04.2026 Recommendation: Refusal. Area Roads commented that the applicant has provided a Traffic Statement and updated Site Plan (528/01A) which identifies private parking outwith the applicant’s control. It remains the position of the Roads Authority that although the number of vehicle movements generated by the restaurant/café will not be significantly different than that of the former use, and any parking allocation can be offset from this, the addition of 2no. STL units would generate additional traffic and under the local plan, parking should be provided at 1 space per unit. Transport Scotland - 05.03.2026 No objection. Environmental Health – MAKI – 04.06.2026 No objection subject to conditions. The Environmental Health Officer commented that no detail has been provided on the extraction system regarding technical specifications or mitigation measures that may reduce any negative impact to neighbouring residential properties. Should the application be approved, a condition relating to submission of information on the cooking odour extraction system, measures to control odour emissions and measures to control noise emissions from any extraction or ventilation system and noise output from any fans should be imposed. The Environmental Health Officer also advised that the STL units would be subject to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 which will require the host of any new STL to apply to the Council for a licence. Conditions applied to STL licences are intended to address noise and antisocial behaviour from the operation of STLs. (D) HISTORY: 08/00645/ADV Erection of signage (retrospective) Approved 07.05.2008 08/00655/COU Conversion of flat to post office and external alterations (retrospective) Approved 16.05.2008 21/01150/PP Re-painting of shopfront Approved 22.09.2021
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(E) PUBLICITY: Advert Type: Listed Building/Conservation Advert Expiry Date: 03.04.2026 (F) REPRESENTATIONS: (i) Representations received from: Two representations have been received from Councillors in relation to the application. One representation supports the proposal, while the other provides neutral comments on the application. Support • Councillor Anne Horn 03.06.2026 Neutral • Councillor Alastair Redman 03.06.2026 In addition, a total of 11 public representations have been received in relation to the application, comprising 9 representations in support of the proposal and 2 representations objecting to it. Support • Mr Md Shamsul Islam (Applicant) The Rest Flat Campbeltown Road Tarbert Argyll And Bute 17.03.2026 • Mr Md Shamsul Islam (Applicant) 03.06.2026 • Mr Aaryan Islam 7 Inchgarvie Loan Glasgow G5 0AR • Mr Md Rajon Miah Bon Accord Harbour Street Tarbert Argyll And Bute 17.03.2026 • Mr Bilal Hossain Up Left Flat 1 54 Longrow Campbeltown Argyll And Bute 19.03.2026 • Mr Kenny Mcglynn Ground Flat Ardencreena Lady Ileene Road Tarbert Argyll And Bute 09.04.2026 • Mr Steven Bleasby Beach Hill Pier Road Tarbert Argyll And Bute 12.03.2026 • Mr Davie Todd 52 New Parliament Place Campbeltown Argyll And Bute PA28 6GY 25.03.2026 • Mr Declan Stevenson 14A Davaar Avenue Campbeltown Argyll And Bute PA28 6NG 09.04.2026 Objection • Mr Peter Bates Dunivaig Pier Road Tarbert Argyll And Bute 09.03.2026 • Mr Michael Kirk Allt Nan Croabh Pier Road Tarbert Argyll And Bute 10.03.2026 Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: Supporting and Neutral Comments: • The proposal which includes a restaurant/café and accessible STL units would meet demand from visitors. • The proposal would bring economic benefits to Tarbert, including further investment into the local economy and the creation of new job opportunities. The proposal would also help to ensure a property within the town centre remains occupied and economically active.
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Officer Comment: The above representations are noted. • The target customers of the proposed STL units would be utilising public transport. There is sufficient parking provision nearby, and the application site is well served by public transportation. Many existing businesses and premises within Tarbert operate successfully without on-site/private parking provision. • Concerns are raised regarding the apparent inconsistency in Area Road’s consultation responses, noting that no objection was offered to a similar planning application 26/00664/PP, while refusal has been recommended for the current proposal. Officer Comment: Planning application 26/00664/PP for the ‘Change of use of former shop to an additional en-suite bedroom for an existing guest house’, is currently under consideration by the Planning Authority. The Planning Authority must assess each application on its own individual merits. It is noted that the nature of planning application 26/00664/PP differs from the current application, in particular the current proposal involves the intensification in use of the site to form 2no. STL units in addition to the change of use of a Class 1 retail unit to a Class 3 restaurant/ café. Area Roads has recommended refusal of the current application, advising that the addition of 2no. STL units would generate additional traffic and therefore parking provision should be provided at one space per unit. Despite there being no on-site car parking available, based on the particular circumstances and wider consideration of this case, Officers consider that it is reasonable to accept the use of the nearby public car park by patrons utilising the proposed STL units. This matter is considered further in the main assessment of the proposal below. • The consultation response from Area Roads was provided at a very late stage and there was insufficient time for members of the public to provide representation on the consultation response within the consultation period. Officer Comment: Publication and consultation are separate statutory procedures which could be subject to different deadlines. Notwithstanding the above, public representations received prior to a formal decision being made are taken into consideration in the assessment of the application. Objection Comments: • There is a genuine need for permanent residential dwellings in Tarbert. The proposal is not compatible with the Housing Emergency Action Plan 2024, in that the ground floor unit should be used for permanent residential use. Comments: The ground floor unit was previously used as a retail unit and is currently vacant. The proposal would not lead to the loss of any residential accommodation. • Concern raised in relation to the oversupply of STL units in Tarbert, which would have an impact on its character. Comments: The current proposal involves the change of use of the ground floor unit. Part of the unit would be used for restaurant/ café use, while the remaining part would be used for STL use. Considering the scale of the
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proposal, it is not considered that the proposal would have a significant impact on the character of Tarbert of the Tarbert Conservation Area. This matter is considered further in the main assessment of the proposal at Section P below. • The unit involved should be used for business/ commercial use. Comments: Part of the ground floor unit would be used for restaurant/ café use. This matter is considered further in the main assessment of the proposal at Section P below. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A Design or Design/Access statement: Yes (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist Whilst no Sustainability Checklists have been submitted, given the nature and scale of the development proposed, it is considered that sufficient information exists to issue a decision on the proposed development. It is the assessment of the Case Officer that the applicant has understood and given adequate consideration to the sustainability aspects of the proposed development, sufficient to accord with the core sustainability requirements of both national and local planning policy, specifically the relevant details of the ‘Sustainable Places’ group of policies within NPF4 and LDP2 policies 04, 08 and 09. No No (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: No (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
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(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place Productive Places NPF4 Policy 27 – City, town, local and Commercial Centres NPF4 Policy 29 – Rural Development NPF4 Policy 30 – Tourism Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 11 – Design – Conversions and Change of Use Policy 12 – Shopfront Design Policy 13 – Advertisements Policy 14 – Bad Neighbour Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 16 – Listed Buildings Policy 17 – Conservation Areas Policy 19 – Scheduled Monuments Diverse and Sustainable Economy Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities Policy 25 – Tourism Development Opportunities Connected Places Policy 33 – Public Transport Infrastructure Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 45 – Supporting our Town Centres and Retailing Policy 63 – Waste Related Development and Waste Management
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Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses • Planning History • Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) (GPDO) • ABC Technical Note 2 – Advertisement & Signage Policy (Sept. 2017) (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No (L) Has the application been the subject of statutory pre- application consultation (PAC): No (M) Does the Council have an interest in the site: No (N) Requirement for a pre-determination 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. At the time of writing, 13 representations have been received in relation to this planning application. Of these, 10 support the proposal, 2 object to it, and 1 provides neutral comment. It is the opinion of 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 all of the material planning considerations in this case. 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. A full report is provided within Appendix A. No
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(O)(i) Key Constraints/Designations Affected by the Development: • Tarbert Conservation Area • A number of Category B and C Listed Buildings, and Scheduled Ancient Monuments nearby • A83 Trunk Road • SPR Paths • AFA: A3004 • Article 4 Directions • Advertisement Regulation 11 (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: N/A Peat Depth Classification: N/A Does the development relate to croft land? No Would the development restrict access to croft or better quality agricultural land? N/A Would the development result in fragmentation of croft / better quality agricultural land? N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? No Does the proposal include any replacement or compensatory planting? N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application Brownfield ABC LDP2 Settlement Strategy Settlement Area ABC LDP2 Allocations/PDAs/AFAs etc: AFA: A3004 (P) Summary assessment and summary of determining issues and material considerations The proposal seeks planning permission for the change of use of a ground floor retail unit to provide a cafe/restaurant and two short term holiday lets along with a change to the external colour at The Rest, The Old Post Office Building, Campbeltown Road, Tarbert. In terms of the adopted ‘Argyll and Bute Local Development Plan 2’ (LDP2), the application site is located within the Settlement Area of Tarbert wherein Policy 01 gives a general presumption in favour of sustainable development where it is compatible with surrounding uses; provides suitable access and infrastructure; is of an appropriate scale and fit for the size of settlement in which it is proposed; it respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and it complies with all other relevant LDP2 policies.
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The application site is located within the village centre of Tarbert. The application site is situated within an area characterised by mixed use development, with a row of retail units dominating the ground floor streetscape and residential properties occupying the upper floors surrounding the site. In terms of sustainable transport means to access the application site, public transportation services, and active travel options are available with public car parks located within walking distance. There is no existing on-site parking associated with the site with the current proposal not altering the current situation. Area Roads were consulted on the proposal and recommended that the application be refused. Area Roads advised that whilst the number of vehicle movements generated by the proposed restaurant/café use would not be significantly different compared to the former use of the premises as a retail unit, the addition of 2no. STL units would generate additional traffic and therefore Area Roads seek that parking provision should be provided at 1 space per 1 STL unit, equating to the provision of 2 car parking spaces. Area Roads further advised that the car parks identified in the submitted drawings are outwith the applicant’s control. However, considering the particular circumstances of this case and wider planning considerations, Officers deem it reasonable to accept reliance on nearby public parking facilities to serve the proposed development. Whilst the introduction of two STL units could be deemed to represent an intensification of use at the site, the availability of public transport services, active and sustainable travel options, together with the relatively small parking shortfall of two spaces, leads Officers to conclude that the proposed development would not give rise to such clear and demonstrable harm as to warrant the refusal of planning permission. Whilst the proposal does not fully accord with the provisions of LDP2 Policy 40 in respect of off- street parking provision, the considerations outlined above are considered to carry sufficient weight to justify approval of the application as a minor departure from the Development Plan. A fully detailed assessment with reference to the above determining factor, and all other material considerations is set out in Appendix A to this report. (Q) Is the proposal consistent with the Development Plan: No (R) Reasons why Planning Permission Should be Granted: See Section (S) below. (S) Reasoned justification for a departure to the provisions of the Development Plan Table 5 of LDP2 Policy 40 Vehicle Parking Provision sets out the car parking standards to be applied to various categories of development. There are no existing on-site parking facilities available, and the proposal does not seek to alter the existing parking arrangements. Area Roads has recommended refusal of the application, advising that parking should be provided at a rate of 1 car parking space per STL unit. On this basis, a total of 2no. parking spaces would be required in connection with the proposed development. In the particular circumstances of this case, however, it is considered that this shortfall can be accepted as a minor departure to policy having regard to wider material considerations. The application site occupies a central location within Tarbert, where public transport services and options for active and sustainable travel are available. Whilst the introduction of the two STL units would increase the overall intensity of use of
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the site, the resulting shortfall amounts to 2no. parking spaces. Furthermore, public car parks are available within a short walking distance of the site and can reasonably be used by patrons of the proposed STL units. Taking these factors into account, it is not considered that the absence of 2 on-site parking spaces would give rise to such clear and demonstrable harm as to warrant refusal of the application. Whilst the proposal does not fully accord with the provisions of LDP2 Policy 40 in respect of off-street parking provision, the considerations outlined above are considered to carry sufficient weight to justify approval of the application as a minor departure from the Development Plan. (T) Need for notification to Scottish Ministers or Historic Environment Scotland: No Author of Report: Long Ting Yip Date: 30.07.2026 Reviewing Officer: Fiona Scott Date: 30/07/26 Fergus Murray Head of Development & Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 26/00047/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 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 11.01.2026, 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 Location and Site Plan 528/01 A 13.03.2026 Existing and Proposed Floor Plans and Elevations 528/05 B 26.02.2026 Details of New Doors 528/07 26.02.2026 Design and Access Statement – 2 Pages (4 & 5 of 5) 12.01.2026 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP - Short Term Residential Accommodation (e.g. Holiday Letting) Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year. A register showing dates of arrivals and departures shall be maintained at the premises and shall be available at all reasonable times for inspection by the Planning Authority. Reason: In order to define the permitted occupancy having regard to the fact that the premises are unsuitable for occupation as a permanent dwelling due to ^IN; having regard to the relevant provisions of the Development Plan. Note to Applicant: For the avoidance of doubt this permission only provides for the occupation of the premises on a short term basis on the grounds that the development is unsuited to full time residential occupation. Specifically the occupation of the premises as a dwelling shall require the benefit of a separate planning permission. 3. PP – Bicycle Storage Further Details Required Notwithstanding the provisions of Condition 1, prior to the development hereby approved being brought into use, full details of the layout of a bicycle storage area within the application site shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the approved cycle storage shall be retained in perpetuity for this dedicated purpose. Reason: In the interests of facilitating the use of cycles by the patrons of the building hereby approved in accordance with the provisions of National Planning Framework 4 Policy 13 ‘Sustainable Transport’.
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4. PP – Ventilation and Extraction to Control Odour Notwithstanding the provisions of Condition 1, no development shall commence until a scheme for the control of odour arising from the operation of the permitted use has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a detailed specification of a) the cooking odour extraction system; b) measures to control odour emissions; and c) measures to control noise emissions from any extraction or ventilation system and noise output from any fans. The permitted use shall not be commenced until the duly approved ventilation, extraction and odour control system is operational and thereafter it shall be maintained in accordance with the manufacturers instruction unless it is replaced by an alternative system with the prior written consent of the Planning Authority. Reason: In order to protect the amenity of the area in terms of noise and odour nuisance. Note to Applicant: Site specific advice may be obtained by contacting the Council’s Environmental Health Officers.
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ADDITIONAL NOTES TO APPLICANT • Holiday Accommodation – Short Term Lets The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 will require the host of any new short-term let to apply to the Council for a licence. Conditions applied to short-term let licences are intended to address noise and antisocial behaviour from the operation of short-term lets. • Environmental Health Consultation Advice Please note the advice and guidance contained in the consultation response from Environmental Health is available to view via the Public Access section of the Council’s website.
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COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 26/00047/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Proposed Development 1.1. Planning permission is sought for the change of use of a ground floor retail unit to form a restaurant/café and 2no. STL units together with a change to the external colour at The Rest, The Old Post Office Building, Campbeltown Road, Tarbert. 1.2. The proposal involves a change in the use of a ground floor unit falling within Town and Country Planning (Use Classes) (Scotland) Order 1997 Class 1A, Retail, to Class 3, Restaurant/Café; incorporating the formation of 2no. STL units. 1.3. Externally, the building would be repainted to Oxford Blue (RAL 260 30 10, BS 381C 105). An existing window on the north elevation would be blocked off to allow for the installation of an extractor and flue to support the operation of the kitchen of the proposed restaurant/café. An existing window opening which is currently blocked on the north elevation would be reinstated with 2 doors on the south and north elevations replaced. 2. Location, Nature and Design of Proposed Development 2.1. The application site is located within the centre of Tarbert, abutting the A83 Campbeltown Public Road. The application site is situated within an area characterised by mixed use development, with a row of retail units dominating the ground floor streetscape and residential properties occupying the upper floors surrounding the site. 2.2. The property involved is a two-storey traditionally designed and proportioned building painted a cream colour located within Tarbert Conservation Area. 2.3. The ground floor unit, subject of the application, is currently vacant with the upper floor of the building, which would remain unchanged under the current proposal, being utilised as STL units within the ownership of the applicant. 3. Settlement Strategy 3.1. In terms of the adopted ‘Argyll and Bute Local Development Plan 2’ (LDP2), the application site is located within the Settlement Area of Tarbert wherein Policy 01 gives a general presumption in favour of sustainable development where it is compatible with surrounding uses; provides suitable access and infrastructure; is of an appropriate scale and fit for the size of settlement in which it is proposed; it respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and it complies with all other relevant LDP2 policies. 4. Compliance with National and Local Development Plan 2 Policy Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28.02.2024 which, together with NPF4 which was adopted on 13.02.2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. 4.1. NPF4 Policy 1 Tackling the Climate and Nature Crises seek to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4.
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Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. 4.2. NPF4 Policy 2 Climate, Mitigation and Adaption seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and/ or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. 4.3. NPF4 Policy 7 Historic Assets and Places aims to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. Part d) of Policy 7 sets out that development proposals in or affecting conservation areas will only be supported where the character and appearance of the Conservation Area and its setting is preserved or enhanced. Part e) of the policy further states that development proposals in Conservation Areas will ensure that existing natural and built features which contribute to the character of the conservation area and its setting, including structures, boundary walls, railings, trees and hedges, are retained. LDP2 Policy 17 also relates to conservation areas, and in summary and of relevance seeks to ensure proposals respect the architectural, historic and other special qualities of the area. The application site is located within the Tarbert Conservation Area. The site is also within close proximity to a number of Listed Buildings, in particular the Category B listed Tarbert Harbour Walls including former Weighbridge, Slipways and Beilding (reference: LB48935), and Scheduled Ancient Monuments SM276 Tarbert Castle and SM3410 Tarbert, medieval burgh & environs. It is considered that the overall siting, design, scale and materials of the proposal respect the local character and surrounding historic environment and is in keeping with the character of the Conservation Area. The proposed works are not anticipated to result in a material detriment to the character and appearance of the streetscene, Listed Buildings nearby, Scheduled Ancient Monuments nearby, wider Tarbert Conservation Area, and their respective settings. The proposal includes the installation of replacement external doors on the south and east elevations. For the south elevation, the proposed replacement door would be a uPVC door with an arched toplight and white finish. For the east elevation, the proposed replacement door would be a partly glazed uPVC door with a glass toplight and white finish. It is considered that the design and material of the doors are acceptable, and that they respect and are in keeping with the character of the Conservation Area. Considering the above, the proposal is considered compliant with NPF4 Policy 7 and LDP2 Policies 15, 16, 17 and 19 which collectively seek to protect the Historic Environment from inappropriate developments which would have a detrimental impact. 4.4. NPF4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development.
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The development represents brownfield development by virtue of the fact that the proposal represents the reuse of an existing building which is directly supported by NPF4 Policy 9a) with no conflict with the provisions of LDP2 Policy 02. 4.5. NPF4 Policy 12 Zero Waste seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. Whilst this is a development likely to generate waste when operational, waste and recycling facilities would be provided within the boundary of the property. It is considered that the proposal is considered consistent with NPF4 Policy 12 and LDP2 Policy 63 which seek to ensure that effective provision for waste/recycling is provided within developments. 4.6. NPF4 Policy 14 Design, Quality and Place aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Part a) of Policy 14 sets out that development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Part b) of the Policy sets out that development proposals will be supported where they are consistent with the six qualities of successful places: Healthy, Pleasant, Connected, Distinctive, Sustainable, and Adaptable. In this regard, it is considered that the overall siting, design, scale and materials of the proposal respect the local character and surrounding area and accords with the broad aims of NPF4 Policy 14 and the sustainable siting and design policies of LDP2 namely Policy 05 Design and Placemaking, Policy 08 Sustainable Siting, Policy 09 Sustainable Design, Policy 10 Design: All Development, Policy 11 Design: Conversions and Change of Use, and Policy 12 Shopfront Design which, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site; and ensure that no adverse visual or amenity impacts arise. 4.7. NPF4 Policy 27 City, Town, Local and Commercial Centres aims to encourage, promote and facilitate development in our city and town centres. Part a) of the policy supports development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses. Part f) of the policy states that development proposals for residential use at ground floor level within city/town centres will only be supported where the proposal will: i. retain an attractive and appropriate frontage; ii. not adversely affect the vitality and viability of a shopping area or the wider centre; and iii. not result in an undesirable concentration of uses, or ‘dead frontages’. LDP2 Policy 45 Supporting Our Town Centres and Retailing also supports development proposals that seek to maintain and enhance the vitality and viability of our established town centres. This support includes retail, commercial, and other developments where the scale is appropriate to the size and function of the settlement. In this regard, it is noted that there is no change to the fenestration on principal elevations and a large portion of the frontage would be used for the restaurant/ café use thereby ensuring that the frontage would remain attractive and appropriate. It is not considered that the proposal would adversely affect the vitality and viability of a shopping area or the wider centre and would not result in an undesirable concentration of uses, or ‘dead frontages’. Considering the above, the proposal is considered compliant in principle with the provisions of NPF4 Policy 27 and LDP2 Policy 45. 4.8. NPF4 Policy 29 Rural Development sets out that development proposals in remote rural areas (within which the application site is located) will be supported where the proposal supports and sustains existing communities; and is suitable in terms of location, access, siting, design and environmental impact.
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The proposal includes the formation of a restaurant/café, and STL units involving the diversification of an existing business. As assessed above, it is also considered that the proposal is suitable in terms of location, access, siting, design and environmental impact. The proposal is therefore considered meets with the main aims of NPF4 Policy 29. 4.9. NPF4 Policy 30 Tourism seeks to encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with our net zero and nature commitments, and inspires people to visit Scotland. Part a) of the policy supports tourism development in locations identified in the LDP. Part b) sets out a range of matters that tourism related development will take into account. This includes the contribution made to the local economy, compatibility with the surrounding area in terms of activity and the impact of increased visitors; impacts on communities; opportunities for sustainable travel, appropriate parking and traffic generation, and public transport; accessibility for disabled people; measures to minimise carbon emissions; and opportunities to provide access to the natural environment. Part e) of NPF4 Policy 30 states that development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in an unacceptable impact on local amenity or on the character of a neighbourhood or area. LDP2 Policy 23 Tourist Development, Accommodation, Infrastructure and Facilities supports improved tourist facilities and accommodation where the development is in a form scale and location which is consistent with its surroundings; and respect and integrate well with the landscape/townscape character and amenity of the surrounding area. LDP2 Policy 25 Tourism Development Opportunities identified areas with a potential for the sustainable growth of the tourism industry. The application site being located in Tarbert is benefited by LDP2 Policy 25, where priority will be given to those developments which make use of previously developed sites, locations which are accessible by a variety of means of transport, where there is existing infrastructure capacity, and/or where a proposal will fill a recognised gap in the identified tourism network. It is considered that the application partly for STL use is in line with the broad aims of these tourism related policies. The Environmental Health Officer raised no objection to the application advising that that should the current planning application be approved, the development would be subject to licensing requirements for STL use. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 will require the host of any new STL to apply to the Council for a licence. Conditions applied to STL licences are intended to address noise and antisocial behaviour from the operation of STL. Considering the above, the proposal is considered compliant in principle with the relevant policies of NPF4 Policy 30, LDP2 Policies 23 and 25. 5. Road Network, Parking and Associated Transport Matters 5.1. NPF4 Policy 13 Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. Part b) of Policy 13 states that development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies and where appropriate they: i. provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks before occupation; ii. will be accessible by public transport, ideally supporting the use of existing services; v. supply safe, secure and convenient cycle parking to meet the needs of users and which is more conveniently located than car parking. 5.2. LDP2 Policy 33 – Public Transport Infrastructure supports patterns of development which utilise existing or potential public transport corridors as the preferred option.
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5.3. LDP2 Policy 40 Vehicle Parking Provision (Table 5) sets out the car parking standards to be applied to various categories of development. Having regard to the parking standards in LDP2 Policy 40, it is noted that there is no explicit standard for STL use, however, there are parking standards for similar bed and breakfasts, hotels and hostels, and housing (use class 9) and flatted dwellings uses. Considering the nature of the application and making references to the above standards, it is considered that one space per one letting room should be provided, in that a total of 2nos. of parking spaces should be provided for the proposed development. 5.4. There is no existing on-site parking associated with the site with the current proposal not altering the current situation. Submitted information states that a secure cycle store will be provided at the rear of the building, but no detail has been provided. 5.5. The application is accompanied by a Traffic Management Measures Statement which anticipates that most of the guests would utilise public transport, or use active travel means including bicycles or walking to access the proposed STL units. The Statement details that the relevant information would be provided in relation to public transportation, car park(s) within an information package and/or on booking website(s). 5.6. Transport Scotland was consulted and raised no objection to the proposed development. 5.7. Area Roads were consulted on the proposal and recommended that the application be refused. Area Roads advised that whilst the number of vehicle movements generated by the proposed restaurant/café use would not be significantly different compared to the former use of the premises as a retail unit, the addition of 2no. STL units would generate additional traffic and therefore Area Roads seek that parking provision should be provided at 1 space per 1 STL unit, equating to the provision of 2 car parking spaces. Area Roads further advised that the car parks identified in the submitted drawings are outwith the applicant’s control. 5.8. In this regard, it is noted that the application site is located within the centre of Tarbert, where public transportation services are available. There are bus services connecting nearby ferry terminals, Lochgilphead, Campbeltown, and Glasgow. In addition, active and sustainable travel options are also available, and the proposal supports the use of bicycles with cycle storage indicated as being provided within the proposed development. The siting and design of the application is in line with NPF4 Policy 13 and LDP2 Policy 33, in which the importance of walking, cycling and proximity to public transport links is highlighted. 5.9. It is also noted that there are two major public car parks within short walking distance of the application site. These include the car park to the west of the application site along Campbeltown Road near the Tarbert Bus Shelter, and a car park to the east of the application site along the Tabert Harbour Walls. It is noted that only the former is owned and managed by the Council, with the latter outwith the Council’s management and control. Whilst acknowledging that the introduction of the 2 STL units would intensify the overall site usage, the shortfall of 2no. on-site parking spaces is considered to be relatively small and, given the active and sustainable travel options set out above, it is not considered that this level of shortfall would result in such clear and demonstrable harm. 5.10. Considering all of the above, and in the particular circumstance of this case, it is considered that the shortfall of on-site parking spaces can be accepted as a minor departure to policy in that it is reasonable to accept the use of the nearby public car parks by patrons of the proposed STL units. Whilst it is recognised that the proposal does not fully meet the provisions of Policy 40, Vehicle Parking Provision of LDP2 in terms of off-street parking, the mitigating factors detailed above are considered to be of sufficient materiality to allow the application to be approved as a minor departure to the Development Plan. Notwithstanding the above, to ensure the proposed bicycle storage is properly designed and retained during the operation of the proposed STL units, a relevant planning condition is recommended should permission be granted. Subject to the relevant condition, it is considered that the proposal is compliant in principle with the relevant policies of NPF4 Policy 13, LDP2 Policies 32 and 33.
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6. Noise and Odour Impact 6.1. NPF4 Policy 23 Health and Safety seeks to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. LDP2 Policy 14 Bad Neighbour Development states that any proposal that would have an unacceptable adverse impact upon the amenity of neighbouring land uses resulting from noise or vibration; and odour or fumes would be resisted. 6.2. The upper level of the building is currently used as STL units, and there is no window opening on the upper floor within close proximity to the proposed flue. 6.3. No detailed technical specifications of the proposed extraction or ventilation system is provided. 6.4. The Environmental Health Officer has raised no objection to the proposal subject to a planning condition in relation to the submission of information on the cooking odour extraction system, measures to control odour emissions and measures to control noise emissions from any extraction or ventilation system and noise output from any fans necessary in order to protect the amenity of the area in terms of noise and odour nuisance. 6.5. Considering the above, the proposal is considered compliant with the relevant policies of NPF4 Policy 23, and LDP2 Policy 14. 7. Conclusion 7.1. The determining factors in the assessment of this application are considered to be whether this location is acceptable for the proposed development having regard to its effect on tourism, town centre policies, historic environment, parking and associated transport matters, and impact on amenity. 7.2. The proposed development has been assessed against all of the above potential constraints and designations and has been considered to raise no issues or concerns other than the aforementioned with associated proposed conditions where necessary. 7.3. Based on the above, it is considered that the proposal is consistent with relevant policies of NPF4 and as a minor departure to Policy 40 of LDP2 and there are no other material considerations that would justify withholding planning permission.