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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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Page 1

Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 605522
DX 599700 LOCHGILPHEAD 
12 August 2026 
NOTICE OF MEETING 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be
held BY MICROSOFT TEAMS on WEDNESDAY, 19 AUGUST 2026 at 10:30 AM, which you are
requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. MINUTES 
(a) Planning, Protective Services and Licensing Committee held on 9 June
2026 (Pages 3 - 6)  
(b) Planning, Protective Services and Licensing Committee held on 16 June
2026 (Pages 7 - 16)  
(c) Planning, Protective Services and Licensing Committee held on 17 June
2026 at 10.30 am (Pages 17 - 24)  
(d) Planning, Protective Services and Licensing Committee held on 17 June
2026 at 2.00 pm (Pages 25 - 26) 
4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE REVIEW
(Pages 27 - 34)  
Report by Executive Director with responsibility for Legal and Regulatory Support 
5. FABULOUSLY SCOTTISH HOTELS (OBAN) LTD: ERECTION OF HOTEL: CAR
PARK, SHORE STREET, OBAN (REF: 21/01584/PP) (Pages 35 - 66)  
Report by Head of Development and Economic Growth 
6. ADVENTURE LANE CIC: CHANGE OF USE AND CONVERSION OF EXISTING
CHURCH AND DETACHED REAR HALL TO FORM A FAMILY ENTERTAINMENT
ACTIVITY CENTRE INCLUDING ERECTION OF SINGLE STOREY LINK
Public Document Pack

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EXTENSION AND ASSOCIATED WORKS: TRINITY CHURCH, 26 CASTLE
STREET, ROTHESAY, ISLE OF BUTE (25/01690/PP) (Pages 67 - 108)  
Report by Head of Development and Economic Growth 
7. 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) (Pages 109 - 130)  
Report by Head of Development and Economic Growth 
8. LADYFIELD RENEWABLE ENERGY PARK LTD: PROPOSAL OF APPLICATION
NOTICE FOR THE INSTALLATION AND OPERATION OF APPROXIMATELY
3.2KM OF UNDERGROUND ELECTRICAL AND TELECOMMUNICATIONS
CABLING AND ASSOCIATED TEMPORARY WORKS REQUIRED TO CONNECT
THE LADYFIELD RENEWABLE ENERGY PARK TO THE SSENT CREAG DHUBH
SUBSTATION: LAND BETWEEN LADYFIELD ENERGY PARK AND CREAG
DHUBH SUBSTATION APPROXIMATELY 8KM NORTH OF INVERARAY (REF:
26/00986/PAN) (Pages 131 - 136)  
Report by Head of Development and Economic Growth 
Planning, Protective Services and Licensing Committee 
Councillor Gordon Blair (Chair) Councillor Jan Brown
Councillor Kieron Green (Vice-Chair) Councillor Daniel Hampsey
Councillor Graham Hardie Councillor Fiona Howard
Councillor Willie Hume Councillor Andrew Kain
Councillor Paul Donald Kennedy Councillor Reeni Kennedy-Boyle
Councillor Liz McCabe Councillor Luna Martin
Councillor Dougie Philand Councillor Peter Wallace   
Contact: Fiona McCallum                  Tel. No. 01546 604392

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE (CIVIC HEARINGS) held BY MICROSOFT TEAMS 
on TUESDAY, 9 JUNE 2026 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Graham Hardie
Councillor Andrew Kain 
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Susan Mair, Legal Manager 
Janeanne Gilchrist, Applicant
Daniel Gillespie, Applicant
Stewart MacLennan, Applicant
Iain MacKinnon, Applicant
Neil MacKay, Applicant
Superintendent Mark Stirling, Police Scotland 
1. APOLOGIES FOR ABSENCE 
An apology for absence was intimated on behalf of Councillor Daniel Hampsey. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 SECTION 41:
APPLICATION FOR A TEMPORARY PUBLIC ENTERTAINMENT LICENCE
(TIREE MUSIC FESTIVAL CIC) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this meeting the Applicant opted to proceed by way of video
call and Janeanne Gilchrist along with Daniel Gillespie, Stewart MacLennan, Neil MacKay
and Iain MacKinnon joined the meeting by MS Teams. 
Police Scotland also opted to proceed by way of video call and Superintendent Mark
Stirling joined the meeting by MS Teams. 
Following a Civic Hearing which took place on 20 May 2026, consideration of the
application was continued to allow further discussions between Police Scotland and the
Applicant, and to enable clarification of outstanding matters, including consideration of the
Islands (Scotland) Act 2018.   
Only those Members who had been present at the hearing on 20 May 2026 participated in
the determination of the application. 
The Chair invited the Legal Manager to provide an update on the outstanding matters.   
Page 3 Agenda Item 3a

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Ms Mair advised that two matters had arisen at the previous hearing.  Firstly, a query had
been raised regarding the relevance of the Islands (Scotland) Act.  She advised that this
had since been considered and it was confirmed that the Act is not directly relevant to the
Committee’s quasi-judicial determination of the application, as it primarily relates to policy
and strategic considerations. 
Secondly, further discussions had taken place between Police Scotland and the Applicant
in relation to the proposed policing resource.  It was noted that a meeting had taken place
between the parties, at which Police Scotland had presented a revised proposal involving
a significantly reduced cost.  The Applicant, however, had confirmed that their position
remained unchanged and that they were not satisfied that sufficient evidence had been
provided to justify the level of policing resource proposed by Police Scotland.   
Councillor Philand sought clarification on whether details of the revised offer from Police
Scotland could be outlined, noting that this may be significant to the Committee’s
deliberations.   
The Legal Manager advised, based on discussions with Police Scotland, that the revised
proposal involved a reduction in the policing resource.  She understood that this included
replacing one of the six previously proposed officers with a Special Constable and
confirming that the cost for one officer would not be charged to the Applicant.   
The Chair advised that the Committee required to adhere strictly to the agreed procedure
and that if either party were to be brought into discussions at this stage, the matter should
be referred back through the appropriate procedural stage.  He suggested that if
clarification of the position was required, the Legal Manager could seek clarification
directly with Police Scotland.   
In order to facilitate the required clarification the Chair moved and the Committee agreed
to adjourn the meeting at 14:45.  The meeting reconvened at 14:50, with all those present
as per the sederunt.  At this time Ms Mair confirmed that five officers (including one
Special Constable) would be present and the Applicant would be charged for four.   
A further point of order was raised in relation to fairness, noting that Police Scotland had
been given the opportunity to clarify their position through the Legal Manager.  The Chair
advised that if any Member required a point of clarification from the Applicant, that this
could be facilitated. 
The Chair invited the Members to debate and come to a decision on this application. 
DEBATE 
Councillor Kain outlined his extensive experience of over 40 years working with police
forces across the UK.  He advised that threat assessments are inherently imprecise and
rely significantly on the experience and judgement of those undertaking them.  He referred
to the level of policing previously considered acceptable in circumstances where large
numbers of people were unpoliced and questioned whether the current requirement for six
officers was proportionate.  He noted that there was no statutory requirement specifying
the number of police officers to be present and emphasised that the primary responsibility
rests with the Applicant to ensure a robust and credible risk assessment is in place,
including appropriate contingency planning and liaison with emergency services.  He
further commented that assumptions regarding the likelihood of a terrorist incident should
be carefully considered, noting that while such events are theoretically possible, risk
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assessments should focus on credible and evidence-based scenarios rather than
hypothetical extremes.  Councillor Kain advised that in his opinion, the Applicant had
demonstrated, over a number of years, the ability to undertake appropriate risk
assessments and manage events effectively through the use of private security.  He
summed up by advising that providing that the current risk assessment adequately
addresses all likely scenarios, he could see no reason why the Application should not be
granted.   
Councillor Green sought and received confirmation from Ms Mair on the available options
for determination, noting that the application could be refused, granted or granted subject
to the conditions outlined within the recommendations at paragraph 5.1 of the report.   
Councillor Hardie advised that from a public safety perspective, he would feel more
reassured by a police presence and indicated support for granting the Application subject
to the inclusion of the conditions outlined at paragraph 5.1 of the report. 
Councillor Kennedy-Boyle indicated support for granting the application but was of the
view that the proposed policing requirement, as set out in the report, was excessive.  She
suggested that the condition relating to the requirement for up to six police officers should
be removed.   
Councillor Green clarified that it was not for the Committee to determine the operational
number of police officers and sought and received confirmation from Councillor Kennedy-
Boyle that the proposal was to remove the requirement for a police presence as a
condition.   
Discussion around the wording of condition 5(2) was had with it being noted that the
number of police officers to be deployed, up to a maximum of six remained an operational
matter for Police Scotland.     
Motion 
That the application be granted in accordance with the recommendations as set out in
paragraph 5.1 of the report, subject to the removal of condition 5(2). 
Moved by Councillor Andrew Kain, seconded by Councillor Reeni Kennedy-Boyle 
Amendment 
That the application be granted in accordance with the recommendations as set out in
paragraph 5.1 of the report. 
Moved by Councillor Graham Hardie, seconded by Councillor Jan Brown. 
With there being no further debate, Members proceeded to consider the Motion and
Amendment.  As the meeting was held on a remote basis, the vote required to be taken by
calling the Roll and Members voted as follows:- 
Motion     Amendment
Councillor Andrew Kain   Councillor John Armour
Councillor Reeni Kennedy-Boyle  Councillor Jan Brown      
Councillor Kieron Green      
Councillor Graham Hardie
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Councillor Dougie Philand      
Councillor Peter Wallace 
Decision 
The Amendment was carried by 6 votes to 2 and the Planning, Protective Services and
Licensing Committee resolved accordingly.   
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE (SHORT-TERM LET HEARINGS) held BY MICROSOFT TEAMS 
on TUESDAY, 16 JUNE 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor Kieron Green
Councillor Fiona Howard
Councillor Andrew Kain
Councillor Paul Donald Kennedy 
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
David Walker, Solicitor
Roderick MacLean, Licensing Standards Officer
Sarah Fitzgerald, Applicant
Keith Shanks, Applicant’s Agent
Iain Martin, Objector
James Crawford, Objector
Patricia Crawford, Objector
Kathleen Watters, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors John Armour, Jan Brown, Audrey
Forrest, Amanda Hampsey, Daniel Hampsey, Graham Archibald Hardie and Liz McCabe. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982, THE CIVIC GOVERNMENT
(SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER
2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE TO
S & D FITZGERALD, 15 LOCH DRIVE, HELENSBURGH 
The Chair welcomed everyone to the meeting. In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today. The options available were by video call, by audio call
or by written submission. For this hearing the Applicant and their agent opted to proceed
by way of video call and Sarah Fitzgerald and Keith Shanks joined the meeting by
Microsoft Teams. 
Iain Martin, James and Patricia Crawford, and Margaret Watters, Objectors, also opted to
proceed by way of video call and joined the meeting by Microsoft Teams. 
David Townsend and Colette Lafferty McGaw, Objectors, opted to proceed by way of
written submission and a copy of these objections were contained within the Agenda pack
and supplementary Agenda pack for this hearing. 
The Chair invited the Licensing Standards Officer to speak to the terms of the report. 
Page 7 Agenda Item 3b

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Thereafter the procedure set out in Appendix 18 of the report was followed and the Chair
invited the Applicant and their Agent to speak in support for their application. 
APPLICANT 
The Applicant advised that a substantive response to objections raised had been
submitted for the Committee’s information, and was included in the Agenda pack. 
The Applicant advised that the property was her family home, and that the intention was
for the property to only be advertised for let during periods when the family would be away
from the home. She advised that they had two young children, family and friends in the
immediate area, and were fully embedded in the community. She noted that she had been
brought up in Helensburgh and viewed it as her home. She advised that they had invested
a lot of time, money and energy into making the property their home and it was not
intended to be, either now on in the future, a commercial enterprise. She emphasised that
they were looking at using the property as a Short-Term Let during periods where the
property would otherwise be vacant due to the work commitments of both her and her
husband, who had recently undertaken a new position as Head Teacher of a school in
Dunblane, which occasionally required boarding responsibilities and overnight care of
pupils. 
The Applicant advised that it was not her intention for the property to be used as a place
to have parties. She noted that the property had two rooms specifically set up for toddlers,
and a climbing frame in the garden for children. She noted that it was not a party house,
and that this would not be the intended or advertised purpose. She highlighted that the
property was fully compliant with all safety requirements, and a robust management plan
was in place to address any issues which may arise. 
The Applicant advised that they would also be using the services of a Managing Agent,
BnBHost, who had been highly recommended by a local Estate Agent. She advised that
this would assist in providing an extra layer of protection around the management of the
property, if a licence was to be granted. 
The Applicant advised that she was a Human Rights lawyer, who had been involved in
shaping legislation around privacy laws in the UK. She advised that she took the right to
privacy very seriously and would take every step possible to preserve her neighbour’s
right to privacy. She highlighted that the objections outlined in relation to privacy were
largely speculative and were not relevant to the application before the Committee. 
The Applicant also advised that there had never been any previous complaints, when the
family or guests were at the property, from neighbours in relation to noise. She noted that
the communal areas were not adjacent to the party walls and were separated by
numerous doors which assisted in reducing noise transfer. 
The Applicant reiterated that the property was fully compliant with all requirements and
was a well-managed family home. She advised that it was not the intention for the
property to be used for full time letting, and that people staying in the property would be
allowed to do so only in well-managed circumstances. 
The Applicant passed to her Agent to summarise additional details in support of the
application. 
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The Applicant’s Agent advised that when first discussing the potential Short-Term Let with
the Applicant, respect for neighbours had been one of her main priorities. He provided
details of the management plan which had been created in discussion with the Applicants,
and the basis for much of this plan was to ensure mutual respect and a peaceful co-
existence between parties. He outlined his companies significant experience in
management, and ways in which procedures were put in place to ensure neighbours were
respected and operational disruption was kept to a minimum. 
The Applicant’s agent advised that the property’s marketing would be aimed towards
families, and that the Applicant had made it clear during their meetings that the children’s
rooms would remain as children’s rooms and that the outdoor play area would remain in
place. He noted that this would naturally mean that the property would not be attractive to
large groups of adults, and that it would be made clear in the advertising that the property
was targeted towards families. 
The Applicant’s Agent advised that they would have a robust vetting process in place for
guests wishing to stay in the property, including background checks carried out by a third-
party agency. He noted that this would include verification of identity documents, credit
card information and additional verification by BnBHost staff trained in vetting, to request
details of all guests. He advised that, where guests did not agree to take part in this
vetting, or issues were raised during the vetting process, the booking would not go ahead.
He advised that, in addition to the above, it is the policy of BnBHost not to allow Stag or
Hen parties at any of their properties, and this would be clearly stated to any potential
guests. 
The Applicant’s Agent advised that they would use local cleaning companies, and that
there were local contacts who could be available to respond to any issues quickly. He
advised that laundry and linen were cleaned and laundered off site to minimise disruption.
He advised that anyone attending the property regularly for operational reasons would be
familiarised with where to park, how and where to take the bins out, and would be familiar
with the property. 
The Applicant’s Agent advised that all guests would also be provided with a guidebook
and a list of strict house rules, including designated quiet hours. He advised that guests
would be asked to check in between 4pm-6pm to avoid disruption, and where this was not
possible, they would be familiarised with the check in process in advance. He noted that
guidebooks would include information such as how to use the bins appropriately, where to
park, what the quiet hours would be, any other designated house rules, and how to use
appliances appropriately. He advised that the second part of the guidebook would also
include information in relation to the local area, contributing to an economic boost for the
local community. 
The Applicant’s Agent advised that his intention would always be to be respectful to
neighbours, and he would be open to having a direct line of communication with them. He
advised that, if the licence was to be granted, he would provide direct contact details to
neighbours and also facilitate introductions to relevant staff.   
QUESTIONS FROM OBJECTORS 
The Chair invited Objectors to ask questions in relation to the presentation provided by the
Applicant and her Agent. 
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Iain Martin, Objector, advised that he had concerns about the vetting process. He noted
that 8 strangers regularly coming to a quiet, residential street was concerning, and asked
how it was possible to know that guests would not take part in anti-social behaviour? He
advised that he had stayed in Airbnb properties previously which had not required
additional vetting processes as outlined by the Applicant’s Agent and noted his concern
that in using a Managing Agent the property was going to become a business which was
not appropriate for the quiet, residential street. He noted his concerns that neighbours
would be left to monitor the situation, which he did not feel they should have to do. He
emphasised his concerns in relation to privacy and security and noted that he believed
that this would have an impact on the wellbeing of people on the street who were retired
and/or vulnerable. 
The Chair reminded Mr Martin that this was an opportunity to ask questions in relation to
the presentation provided by the Applicant and their agent, and that Objectors would have
an opportunity to outline their objections at a later point in the hearing. 
Mr Martin asked how it was possible to ensure that the vetting would be appropriate, and
that the guests would be families visiting the property for good reason, and not to have
parties? 
The Applicant’s Agent responded that the property would be marketed towards families,
and that the lead booker would undertake a background check process through a third-
party company as he had mentioned previously. He advised that his staff would also
request the names and ages of all guests staying in the property, and that if potential
guests failed to provide this information, then the booking would not go ahead. He advised
that the occupancy of 8 guests is a maximum, however based on other properties of a
similar size across the area, it was likely that the average number of guests would be
around 5. He noted that devices can be put in place to monitor things such as noise
decibel levels, and that procedures can be put in place to assist with additional monitoring
if required. 
James Crawford, Objector, advised that the Applicant had commented that the objections
were speculative, but that this was not the case and should not be viewed in isolation of
the context and history of the property. He advised that, although there had not previously
been concerns around noise levels at the property, this had been when the Applicant was
a resident of the property. 
The Chair reminded Mr Crawford that this was an opportunity to ask questions in relation
to the presentation provided by the Applicant and their agent, and that Objectors would
have an opportunity to outline their objections at a later point in the hearing. 
Mr Crawford advised that in the written response provided by the Applicants, in the last
two paragraphs there were references to requirements around data protection and
confidentiality. He advised that he found this to be a strange inclusion, and was unsure
whether this superseded the GDPR requirements set out by Argyll & Bute Council at the
beginning of the process. 
The Governance Manager advised that this question did not relate to the presentation
which had been provided by the Applicant and their Agent. Mr Crawford responded that he
would reserve his questions for the appropriate part of the hearing, when he was speaking
to his objections.   
OBJECTORS
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The Chair invited Objectors to speak to their objections. 
Iain Martin 
Mr Martin advised that a written submission of his objections had been provided to the
Committee. He advised that his first objection was based on the fact that the property was
on a quiet, residential street which was home to a number of vulnerable residents. He
advised that a Short-Term Let at the scale proposed would have an impact on the noise,
privacy, security, and wellbeing of residents. He noted that vulnerable people on the
street, and particularly those of an advanced age and/or with health problems, should not
be subjected to 8 strangers coming into the street on a regular basis. 
Mr Martin advised that he did not believe that the vetting process outlined by the
Applicant’s Agent would be successful, and that this would be left for the residents of the
street to monitor, which he did not consider to be fair. 
Mr Martin noted that the size of the property, with 5 bedrooms, 4 bathrooms and 2 public
rooms, as well as a large garden area with bar, was likely to attract large groups rather
than individuals or couples. He noted his concerns that this would lead to party groups
booking the property, which he did not believe the outlined vetting process would prevent.
He advised that this was not consistent with the quiet nature of the street, and that this
would be detrimental to the neighbourhood on a large scale and in breach of Article 8 of
the UK Human Rights Act and their right to privacy, safety and security. 
Mr Martin noted his objection to the Applicant’s position that the property would not be
viewed as a business, as he believed that the use of a Managing Agent for the property
confirmed that the enterprise was profit-driven. He reiterated his belief that a business of
this type was not suitable for the area. 
Mr Martin advised that he did not believe that responses provided by the Applicants and
their Agent had resolved or addressed his objections. 
James Crawford 
Mr Crawford advised that a written submission of his objections had been provided to the
Committee. He noted that he would not highlight all of these objections, but would focus
on the main points. 
Mr Crawford advised that he did not feel that the responses provided by the Applicants
addressed the objections submitted, and instead raised further concerns. He noted his
belief that repeated references to limited rental time and children and families were
misleading. He advised that the use of a Managing Agent was a clear indicator that the
property would not be used infrequently, as stated, and could potentially be used for up to
46 weeks of the year for guests. He suggested that, if it were truly to be used solely
occasionally, it would have been better to put signage up locally, such as in the garden,
rather than advertise it through a Managing Agent. 
Mr Crawford referred to previous issues experienced with neighbours involving noise from
the garden bar, and equipment being placed in the garden including diggers, skips and
scaffolding. He suggested that, if the Applicant and their Agent genuinely wished to
prevent large groups, party-goers, and contractors from using the property, then it should
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be possible to commit these requirements to writing to avoid the possibility of them
applying to stay in the property. 
He enquired about how the property could be managed by an Agent without being profit-
driven, and noted that there would be a financial motivation for BnBHost to bring in a large
number of guests to maximise their profit. He advised that he did not believe that targeting
the property specifically at families was sustainable financially, and that this would lead to
contractors and other large groups being guests of the property. 
Mr Crawford also reiterated his concerns around the inclusion of data protection and non-
disclosure requirements in the response provided by the Applicants, and enquired about
why this was included and whether it superseded the terms set out by Argyll & Bute
Council. 
The Chair advised that it would not be appropriate, or within the scope of the Committee’s
remit, to investigate or comment on contractual agreements between the Applicant and
their Agent. 
QUESTIONS FROM APPLICANT 
The Chair invited the Applicant and their Agent to ask questions in relation to the
objections outlined by the Objectors. 
The Applicant and their Agent advised that they appreciated the concerns raised by the
Objectors, but had no questions at this time. 
MEMBERS’ QUESTIONS 
The Chair invited Members to ask questions to the Applicant, their Agent, or the
Objectors. 
Councillor Kain advised that the submissions indicated that the property was the primary
residence of the Applicants, however it was evident that both Applicants work
circumstances required them to regularly be away from Helensburgh. He asked for
clarification that the property was used as a primary residence of the Applicants. 
The Applicant confirmed that the property was her main residence, noting that the
responsibilities of her husband involved him residing in tied accommodation at times due
to overnight boarding duties. She confirmed that this, alongside work commitments,
required them to live between different locations. She confirmed that the property was her
primary residence and was registered as such, and that she had no other tenancies. 
Councillor Kain sought and received confirmation from the Applicant that she had
insurance in place to cover the change of use for the property. 
Councillor Kennedy sought and received confirmation from the Applicant that it was the
intention of the Applicant and their family to return to the property in the future as their
permanent residence. The Applicant advised that she viewed the property as their forever
home, and that it was always their intention to live there, however they were navigating a
change in work circumstances which had led to them looking for options for the property
during periods of vacancy. 
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Councillor Kennedy sought and received confirmation from the Applicant that they would
not object to a similar application made on the street, if they were residents of a
neighbouring property. The Applicant advised that she had a respectful relationship with
neighbours, and was saddened that it had come to this point but understood their
objections. She noted that she would have been open to having conversations with
neighbours prior to this point, to better understand and alleviate their concerns. 
Councillor Philand sought clarification from the Applicant’s Agent in relation to the vetting
process, and what this would involve. The Applicant’s Agent confirmed that the vetting
process involved questions asked by trained members of BnBHost staff in relation to the
use of the property and guests names and ages, as well as a third-party company who
would undertake background checks of prospective guests, including criminal record
checks. He advised that this was subject to guests agreeing to provide this information,
however if they did not agree to provide it then the booking would not proceed. 
Councillor Philand asked who would deal with any noise complaints arising, from a local
perspective? The Applicant’s Agent advised that a member of staff based in Dumbarton
would be the first point of contact for this. The Applicant advised that they also had family
and close friends who would be able to, and were prepared to, attend if required. 
Councillor Kennedy-Boyle requested an update on works to be carried out on an adjoining
fire wall, as highlighted in the report. The Applicant confirmed that these works had been
instructed, and would be completed shortly. She noted that there had been slippage to the
timescales for this work, due to the overrun of a job currently being undertaken by the
builders. 
The Chair asked how regularly the Applicant’s Agent had experienced issues with
managed properties across the area. The Applicant’s Agent advised that they were
experienced and comfortable with the management plan that they had in place for their
properties, noting that they had only previously had one issue with a party at a Glasgow
property during Covid restrictions, and that this was resolved very quickly. He reiterated
that this property was unlikely to attract party goers, but rather families looking to
experience the local area. He advised that, if the licence was to be granted, he would
introduce relevant parties to the neighbours and ensure that they were provided with
appropriate contact details to highlight any concerns. 
SUMMING UP 
Objectors 
The Chair invited the Objectors to sum up their objections. 
Iain Martin 
Mr Martin advised that this main objection was in relation to privacy, and highlighted his
concerns that up to 8 people would be coming to stay in the neighbouring property who
were strangers. He advised that he was concerned that he did not know them, or where
they would be coming from, and was concerned about people looking into the windows
and gardens of neighbouring properties. He reiterated his concerns in relation to noise,
security and privacy. 
Mr Martin advised that, as a long-term resident of the street, he did not feel that it was
appropriate and that it would affect the wellbeing and health of other residents. 
Page 13

Page 14

James Crawford 
Mr Crawford reiterated his concerns in relation to the GDPR information provided by the
Applicants. He also advised that, although commitments were made verbally by the
Applicant and their Agent, there was nothing written down to provide reassurance in
relation to this. He advised that the type of people who the property could attract was
concerning, and he believed it was perfectly reasonable for the request for only families to
be allowed to stay to be put in writing. 
Mr Crawford advised that if it was likely that all guests would be respectful, then there
would be no requirement for vetting procedures. He advised that it was fine to have a
management plan in place, but he felt that the burden of highlighting concerns in relation
to guests was being unfairly left to elderly and frail neighbours. 
Mr Crawford noted that he was concerned about the duration of the property being used
for Short-Term Letting, given that the careers of the Applicants could see them not using
the property as their full time home for the foreseeable future. 
Kathleen Watters 
Ms Watters advised that all of the objections highlighted in her written submission still
stood, and she agreed with Mr Martin and Mr Crawford that the commitments made by the
Applicant and their Agent should be committed to writing. She noted that she did not
believe that the objections highlighted had been sufficiently addressed. 
Applicant 
The Chair invited the Applicant and their Agent to sum up their position. 
The Applicant advised that the property had CCTV at the front and rear, which is
monitored regularly. She advised that this would continue to be the case going forward,
and that she would also be in Helensburgh every week to monitor the property. She noted
that she would ensure any disturbances were dealt with promptly, and reiterated that she
was invested in avoiding disruption to neighbouring properties. 
The Applicant noted that she had not engaged the services of BnBHost due to profit, but
due to their reputation and professionalism. She advised that this was also done to
provide an additional layer of protection, and that no minimum terms for leasing or
amounts had been agreed. She advised that the property would not be leased full time,
and that the suggestion that it could be leased for up to 46 weeks of the year was not in
line with her expectations for the property. She advised that she was also happy for
BnBHost to ensure that guests were appropriately vetted, and that the property was
cleaned and maintained to a high standard. She reiterated that the decision to use
BnBHost was not in relation to profit, but due to the services that they could provide and
their reputation. 
The Applicant advised that the garden bar area had been implemented by the previous
owners of the property, and would be removed in due course. She noted that guests
would not have access to the garden bar. 
The Applicant advised that her family frequently travelled together as a multi-generational
family, and the size of the property did not necessarily indicate that it would be suitable for
Page 14

Page 15

large party groups. She advised that it was their family home, and that they were invested
in making the process work in a way that was respectful to all parties, including taking the
opinions of neighbours into account. She noted that this was solely an option being taken
forward during periods when the house would otherwise be empty. 
The Applicant’s Agent reiterated that, when he had first discussed the potential lease of
the property with the Applicant, she had emphasised the importance of respecting
neighbours and ensuring that the property was well looked after by guests. He noted that
he was open to working with the Applicant and neighbours to provide additional comfort in
the process. He advised that the management of a property was not a one-size fits all
process, and emphasised that the company had years of experience in navigating best
practice. He reiterated that the property would be clearly listed as not accepting stag or
hen parties, and that it would be clear through the listing that the property was not suitable
for parties. 
When asked, Iain Martin, Objector, and the Applicant and Applicant’s Agent confirmed that
they had received a fair hearing. John and Patricia Crawford and Kathleen Watters,
Objectors, advised that they did not feel that they had received a fair hearing. 
Councillor Kennedy left the meeting at this point, and did not return. 
DEBATE 
Councillor Kain advised that he generally had concerns around applications for Short-
Term Let Licences in populated areas. He noted his opinion that the leasing of the
property had the potential to cause further dissent in the community. He advised that he
was concerned that the property would not be used as a permanent home for the
Applicants for some time, due to work circumstances. 
The Chair advised that he understood the angst that this had caused within the
community, especially given the close proximity to their premises, but noted that his own
personal experiences of Airbnbs in his local area had been very positive. He noted that
the properties could be very well managed, and open opportunities to interact with people
from around the world. He emphasised that he understood that this did not prevent things
from going wrong at times, but he was satisfied with the suggested conditions included in
the report, as well as the commitments outlined by the Applicant and their Agent. 
The Chair advised that he believed that the checks and balances suggested were likely to
be sufficient to address the concerns raised, and noted that he did not believe that
everyone using Airbnb would be doing so to have parties. He advised that he would be
happy to support the recommendation to approve the licence, subject to the inclusion of
additional conditions relating to anti-social behaviour, privacy and security, littering and
waste disposal, and damage to property outlined in the report. 
Councillor Kennedy-Boyle advised that she had listened closely to the Applicant and
Agent in terms of the proposed management of the property, as well as the concerns
raised by Objectors. She advised that she believed some assumptions were being made
which may not reflect the reality of experience. She advised that she believed that the
Licensing Standards Officer had addressed concerns raised with the recommendation of
additional conditions outlined in the report, as well as the mandatory conditions set out for
all properties as standard. She advised that, while the concerns raised by Objectors were
expressed well, she did feel that Officers had addressed these appropriately. 
Page 15

Page 16

Councillor Green advised that he concurred that the concerns raised by neighbours were
often naturally shared, but felt that these concerns could be appropriately addressed by
the recommended additional conditions outlined in the report. He noted that substantial
reassurance had been received from the Applicant and their Agent, and noted his belief
that, subject to the additional recommended conditions, the Licence would be appropriate
to grant. 
DECISION 
The Committee agreed to grant a short-term let licence to Sarah and Dominic Fitzgerald
subject to the inclusion of additional conditions set out in the report in respect of anti-social
behaviour, privacy and security, littering and waste disposal, and damage to property. 
The Applicant would be notified in writing of the above decision within 7 days. 
(Reference: Report by Regulatory Services and Building Standards Manager and Written
Submissions by Objectors, submitted) 
Page 16

Page 17

MINUTES OF THE MEETING OF THE PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE HELD BY MICROSOFT TEAMS 
ON WEDNESDAY, 17 JUNE 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Kieron Green
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Andrew Kain
Councillor Paul Donald Kennedy
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand 
Attending: Stuart McLean, Committee Manager
David Walker, Solicitor 
Emma Spence, Planning Officer
Fiona Scott, Planning Officer
David Moore, Senior Planning Officer
Sandra Davies, Major Applications Team Leader
Kirsty Sweeney, Area Team Leader – Bute, Cowal, Helensburgh & Lomond 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were intimated on behalf of Councillors Audrey Forrest, Liz
McCabe and Peter Wallace. 
2. DECLARATIONS OF INTEREST (IF ANY) 
Councillor Paul Kennedy declared a financial interest in agenda item 4 (Civic Government
(Scotland) Act 1982: Taxi Fare Scale Review) as he holds a taxi operator license. He
advised that he did not consider the connection to be significant and would remain in the
meeting, however, would take no part in the discussion and decision on this item. 
Councillor Fiona Howard advised in relation to item 7 (Helensburgh Golf Club, Cala
Management Ltd & Dunbritton Housing: Proposal of Application Notice for Residential
Development) of the agenda that she had been appointed to the Dunbritton Housing
Board by the Council.  Having taken note of the updated Standards Commission
Guidance in relation to declarations (issued on 7 December 2021) with specific reference
to section 5.4(c) she did not consider that she had a relevant connection and as such
would remain in the meeting. 
3. MINUTES 
a) The Minute of the Planning, Protective Services and Licensing Committee held on
20 May 2026 at 11.30 am was approved as a correct record. 
b) The Minute of the Planning, Protective Services and Licensing Committee held on
20 May 2026 at 2.00 pm was approved as a correct record. 
c) The Minute of the Planning, Protective Services and Licensing Committee held on
20 May 2026 at 2.30 pm was approved as a correct record. 
Page 17 Agenda Item 3c

Page 18

d) The Minute of the Planning, Protective Services and Licensing Committee held on
22 May 2026 at 10.00 am was approved as a correct record. 
e) The Minute of the Planning, Protective Services and Licensing Committee held on
22 May 2026 at 2.00 pm was approved as a correct record. 
4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE
REVIEW 
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority
requires to fix maximum fares and other charges in connection with the hire of taxis
operating in their area and to review the scales for taxi fares and other charges on a
regular basis.  The new fare structure requires to come into force by 22 October 2026. 
The fares were last reviewed by Members on 18 December 2025 and took effect on 22
April 2025. 
Consideration was given to a report advising the Committee they were now required to
carry out a further review of taxi fares and other charges. 
Decision 
The Committee agreed: 
1. to propose that a 5% increase be implemented in relation to the maximum fares across
tariffs 1, 2 and 3 and that this take effect from 22 October 2026; 
2. to authorise the Head of Legal and Regulatory Support to advertise the proposed
changes to tariffs and to invite any responses within one month of the advertisement
and report back to Members at their meeting on 16 September 2026 on objections or
representations received; and 
3. should no objections or representations be received in relation to the proposal, to
delegate to the Head of Legal and Regulatory Support, in consultation with the Chair of
the PPSL Committee to conclude the review without the requirement for the
Committee to consider a further report. 
(Reference: Report by Executive Director with responsibility for Legal and Regulatory
Support dated 17 June 2026, submitted) 
5. MR BRIAN MANGAN: CHANGE OF USE OF EXISTING PRIVATE/FAMILY
USE POD TO SHORT TERM LETTING ACCOMMODATION: 11 ETIVE
PARK, NORTH CONNEL (REF: 26/00161/PP) 
At the PPSL Committee meeting on 20 May 2026 it was agreed to continue consideration
of this application until the Operational Management Plan was submitted for consideration
by Members. 
The Planning Officer spoke to the terms of supplementary report number 2 which included
the Operational Management Plan and supplementary report 3 which advised that an
objection had been raised in response to this application by Councillor Julie McKenzie;
and a further representation had been made in response to the submitted Operational
Management Plan by Mr Ali Anderson. 
Page 18

Page 19

It was recommended that planning permission be granted subject to the conditions and
reasons appended to the Report of Handling. 
Decision 
The Committee agreed to grant planning permission subject to the following conditions
and reasons: 
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 05.02.2026; 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 Plan 31326-0001-01 01 03.02.2026
Proposed Site
Plan
31326-0002-02 02 06.04.2026
Existing/Proposed
Elevations and
Floor Plan
31326-0002-02 01 04.02.2026 
Reason: For the purpose of clarity, to ensure that the development is implemented
in accordance with the approved details. 
2. Landscaping 
The increase in fence height as detailed on Proposed Site Plan - 31326-0002-02
shall be completed prior to the pod first being brought into use as short-term-let
accommodation and shall thereafter be retained. 
Reason: In the interests of privacy and residential amenity. 
3. Occupancy Restriction 
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 or ancillary accommodation related
to the main dwellinghouse 11 Etive Park 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. 
Page 19

Page 20

Reason: In order to define the permitted occupancy having regard to the operational
details submitted by the applicant and in order to avoid any potential privacy or
amenity conflict which could otherwise arise. 
4. Operational Management Plan 
Prior to the short-term-let accommodation being first brought into use, a detailed
Operational Management Plan is to be submitted and approved in writing by the
Planning Authority. The Management Plan shall include, but is not limited to, the
following: 
1. Minimum stay requirements. 
2. How bookings will be recorded (pursuant to Condition 3). 
3. Cleaning provision (frequency and access). 
4. A description of parking and access for guest use. 
5. Description of facilities provided for guest use. 
6. Description of information to be provided to each guest including behavioural
code of conduct. 
7. How the pod and guest behaviour will be overseen and managed and the actions
that the site manager will take to ensure compliance with the above. 
Reason: To ensure the short-term-let use is managed appropriately in the interests
of residential amenity. 
(Reference: Report by Head of Development and Economic Growth dated 29 April 2026,
supplementary report number 1 dated 19 May 2026, supplementary report number 2
dated 5 June 2026 and supplementary report number 3 dated 16 June 2026, submitted) 
6. WEST KINTYRE COMMUNITY COUNCIL: DEMOLITION OF EXISTING
PUBLIC TOILETS AND ERECTION OF REPLACEMENT PUBLIC TOILETS:
PUBLIC TOILETS, TAYINLOAN (REF: 26/00436/PP) 
The Planning Officer spoke to the terms of the report.  The application site is located at
land adjacent to Tayinloan Slipway where ferry service is available connecting the Isle of
Gigha.  In terms of the adopted Argyll and Bute Local Development Plan 2 (LDP2) the
application site is located within the Countryside Area wherein Policy 02 set out a
presumption in favour of sustainable development where there is of appropriate scale,
design, siting and use for its countryside location. 
Representations have been received from 19 respondents in relation to this planning
application, 14 raise objection and 5 submit support.  An objection has also been received
from Gigha Community Council. 
Officers did not consider that the objections raise any complex or technical issues that
have not been addressed in the report of handling and it is not considered that a
discretionary hearing would add value to the planning process. 
The proposed development is considered to be consistent with relevant provisions of the
Development Plan and there are no other material considerations of sufficient significance
to indicate that it would be appropriate to withhold planning permission having regard to
Section 25 of the Act. 
Page 20

Page 21

It was recommended that planning permission be granted subject to the conditions and
reasons detailed in the report. 
Decision 
The Committee agreed to grant planning permission subject to the following conditions
and reasons: 
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 6.3.2026, 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. 
Reason: For the purpose of clarity, to ensure that the development is implemented
in accordance with the approved details. 
2. PP – Biodiversity Enhancement 
Notwithstanding the provisions of Condition 1, all physical biodiversity enhancement
measures identified in the submitted biodiversity statement shall be implemented in
full before the development hereby approved is first brought into use. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being
brought into use. 
Reason: To comply with the requirements of NPF4 Policy 3. 
(Reference: Report by Head of Development and Economic Growth dated 17 June 2026,
submitted)
Plan Title. Plan Ref. No. Version Date Received
Location Plan 1/3  09.03.2026
Existing Site Plan,
Elevations and
Floor Plan
25-3167-PP-01  09.03.2026
Proposed Site
Plan, Elevations
and Floor Plan
25-3167-PP-02  09.03.2026
Biodiversity
Statement  
09.03.2026
Design Statement –
2 Pages  
09.03.2026
Page 21

Page 22

7. HELENSBURGH GOLF CLUB, CALA MANAGEMENT LTD &
DUNBRITTTON HOUSING: PROPOSAL OF APPLICATION NOTICE FOR
RESIDENTIAL DEVELOPMENT (INCLUDING AFFORDABLE HOUSING
HOUSING ASSOCIATION); DEMOLITION OF THE EXISTING AND
RELOCATION OF A NEW CLUBHOUSE WITH ASSOCIATED PARKING
AND FACILITIES; A REVISION OF NEW AND RETAINED GOLF HOLES
PROVIDING A REFRESHED 18 HOLE GOLF COURSE AND
BIODIVERSITY ENHANCEMENT AND MANAGEMENT: HELENSBURGH
GOLF COURSE, 25 EAST ABERCROMBY STREET, HELENSBURGH
(REF: 26/00856/PAN) 
The Senior Planning Officer spoke to the terms of the report. 
This is an allocated housing site for 300 houses (H2004 – Helensburgh East).  A small
triangular area of land outside the housing allocation is included in the red line boundary
at the south-eastern extent of the indicated site.  This site has had previous grant of
planning permission for housing and is within the settlement boundary.  The land is
understood to be under the control of Dunbritton Housing Association and will form part of
the overall contribution towards affordable housing related to the wider development site. 
The boundary of the proposed application site forms part of both the existing Helensburgh
Golf Club, a small area of settlement land, and an area of peatland known as “the Blackhill
Mire” where the replacement golf holes are proposed to be constructed.   
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date. 
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that flood mitigation
measures be considered at the earliest possible stage of the developing project. 
(Reference: Report by Head of Development and Economic Growth dated 29 May 2026,
submitted) 
8. PROGRAMME OF PROPOSED PLANNING TRAINING FOR MEMBERS 
Over many years a series of short training sessions or occasionally workshops/site visits
have been delivered for all elected Members with an aim to improve knowledge or the
planning system on a wide range of issues. 
A report seeking endorsement of the training programme from August to December 2026
was before the Committee for consideration. 
Decision 
Page 22

Page 23

The Committee agreed: 
1. to continuing an ongoing programme of planning related training for Members of the
PPSL Committee, which should also be open to any other Members not currently
involved in planning decision-making; and 
2. to endorse the initial subject areas for training and the provisional dates for delivery, on
the understanding that the programme may be varied to take account of any additional
training requirements Members may wish to identify, along with any other particular
training needs identified by Officers as a consequence of matters emerging during the
course of the year. 
(Reference: Report by Head of Development and Economic Growth dated 21 May 2026,
submitted) 
The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland)
Act 1973 to exclude the press and public for the following item of business on the grounds
that it was likely to involve the disclosure of exempt information as defined in Paragraph
13 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 
E
1
9. TREE PRESERVATION ORDER 
Consideration was given to a request for a Tree Preservation Order. 
Decision 
The Committee agreed to the recommendation detailed in the report. 
(Reference: Report by Executive Director with responsibility for Development and
Economic Growth dated 17 June 2026, submitted) 
Page 23

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Page 25

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE
(CIVIC HEARINGS) held  BY MICROSOFT TEAMS 
on WEDNESDAY, 17 JUNE 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor John Armour
Councillor Kieron Green
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Andrew Kain
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand 
Attending: Mr Richard Tavendale, Applicant
David Walker, Solicitor Argyll and Bute Council
Stuart McLean, Committee Manager Argyll and Bute Council 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Jan Brown, Paul Donald Kennedy,
Liz McCabe and Peter Wallace. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF
TAXI CAR LICENCE (TAVIES TAXIES, CAMPBELTOWN) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant, Mr Richard Tavendale opted to
proceed by way of audio call. 
The Chair then outlined the procedure that would be followed and invited the Applicant to
speak in support of their application 
APPLICANT 
Mr Tavendale advised that he had two taxi vehicles at present and required a third, to
cover busy periods.  Mr Tavendale further advised that with the new technology in the
vehicles if one breaks down it could be off the roads for 6 weeks to 2 months, this third
vehicle would ensure that the service offered to customers continues and the loses are
kept to a minimum. 
MEMBERS’ QUESTIONS 
Councillor Kennedy-Boyle asked if the applicant thought there was an over provision of
taxis in the area? 
Mr Tavendale advised that very recently another taxi firm had folded with the loss of two
cars for hire in the area. 
Page 25 Agenda Item 3d

Page 26

Councillor Blair referred to the LVSA report and enquired if there was over provision in the
area. 
Mr Walker, Solicitor, advised that when the LVSA report was undertaken there were 24
cars available for hire in the Campbeltown area, in 2023 there were 23 and now there are
19. 
SUMMING UP 
Applicant 
Mr Tavendale reiterated that to cover the busy period he required 3 vehicles to be
available for hire, especially if one was off the road. 
When asked, the Applicant confirmed that he had received a fair hearing. 
DEBATE  
Councillor Armour stated that Tavies Taxis were a well-established taxi firm in the area,
with a reputation of offering an excellent service and the extra provision would be
welcomed.  Councillor Armour confirmed that he would have no hesitation in approving
the licence. 
Councillor Green stated that given the fall in taxi numbers in the area, he agreed with
Councillor Armour and would be happy to approve the licence. 
Councillor Hardie agreed with his fellow Councillors, advising that given there were no
objectors and the fall in numbers in provision of vehicles in the area, he too was happy to
approve the licence. 
DECISION 
The Committee unanimously agreed to grant a Taxi Car Licence to Mr Tavendale and
noted that he would receive written confirmation of this within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
Page 26

Page 27

ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND
LICENSING COMMITTEE 
LEGAL AND REGULATORY
SUPPORT 
19 AUGUST 2026
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
TAXI FARE SCALE REVIEW 
1.0 EXECUTIVE SUMMARY             
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority
requires to fix maximum fares and other charges in connection with the hire of taxis
operating in their area and to review the scales for taxi fares and other charges on a
regular basis.  The fares were last reviewed by members on 18th December 2024 and
took effect on 22nd April 2025.   
The current maximum fares are: 
Tariff 1 £3.80 (hiring between 7am and 10pm) 
Initial charge (860 yards or part thereof)
Subsequent charge (each 176 yards or part thereof) @ 25p 
Tariff 2 £4.55 (hiring between 10pm and 7am)
Initial charge (860 yards or part thereof)
Subsequent charge (each 150 yards or part thereof) @ 25p 
Tariff 3 £5.31 (public holidays)
Initial charge (860 yards or part thereof)
Subsequent charge (each 120 yards or part thereof) @25p 
Charges in respect of soiling, waiting and telephone bookings are £100 (maximum), 45p
per minute and 40p respectively. 
1.1  At their meeting on 17th June 2026 members proposed to increase the maximum fares
by 5%.  The effect of a 5% increase is shown below: 
Tariff 1 £3.99 (hiring between 7am and 10pm) 
Initial charge (860 yards or part thereof)
Subsequent charge (each 176 yards or part thereof) @ 26p 
Tariff 2 £4.78 (hiring between 10pm and 7am)
Initial charge (860 yards or part thereof)
Page 27 Agenda Item 4

Page 28

Subsequent charge (each 150 yards or part thereof) @ 26p 
Tariff 3 £5.58 (public holidays)
Initial charge (860 yards or part thereof)
Subsequent charge (each 120 yards or part thereof) @26p 
Charges in respect of soiling, waiting and telephone bookings are £100 (maximum), 47p
per minute and 42p respectively. 
Adverts detailing the 5% increase were placed in the local press week commencing 22
June 2026 with any representations in respect of these proposals to be made by 27
July 2026. In carrying out a review, the licensing authority must consider any such
representations. 
1.2  One representation was received on 29 June 2026. Members require to consider this
representation prior to fixing the scales. This is attached in Appendix 1. 
2.0  RECOMMENDATIONS 
The Committee are asked whether they wish to: 
• Proceed with the 5% increase as previously proposed at their meeting on 17 June
2026 as detailed in Appendix 2. 
OR 
• Amend the proposal as per the one representation received from the trade. If
members agree to propose a further amendment to the scales members are asked
to authorise the Head of Legal and Regulatory Support to advertise the proposed
changes to tariffs and to invite any responses within one month of the advertisement
and report back to members at their meeting in October. 
• If members resolve to amend the proposal and re-advertise the amended scales,
and no objections or representations are received in response to that
advertisement, delegate authority to the Head of Legal and Regulatory Support in
consultation with the Chair of PPSL to conclude the review without the requirement
for the Committee to consider a further report on the review.  
Page 28

Page 29

ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE          
SERVICES AND LICENSING COMMITTEE 
LEGAL AND REGULATORY
SUPPORT 
19 AUGUST 2026  
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
TAXI FARE SCALE REVIEW 
1. 
1.1 
1.2 
1.3 
1.4 
2. 
SUMMARY 
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local
Authority requires to fix maximum fares and other charges in connection with the hire
of taxis operating in their area and to review the scales for taxi fares and other
charges on a regular basis.  The fares were last reviewed by members on 18th
December 2024 and took effect on 22nd April 2025. 
The Committee at their meeting on 17 June 2026 proposed to increase the
maximum fares by 5% as detailed in Appendix 2.  
Adverts detailing the 5% increase were placed in the local press week
commencing 22 June 2026 with any representations in respect of these
proposals to be made by 27 July 2026. In carrying out a review, the licensing
authority must consider any such representations. 
One representation was received on 29 June 2026. Members require to
consider this representation prior to fixing the scales. 
RECOMMENDATIONS 
The Committee are asked whether they wish to: 
• Proceed with the 5% increase as previously proposed at their meeting
on 17 June 2026 as detailed in Appendix 2. 
OR 
• Amend the proposal as per the one representation received from the
trade. If members agree to propose a further amendment to the scales
members are asked to authorise the Head of Legal and Regulatory
Support to advertise the proposed changes to tariffs and to invite any
Page 29

Page 30

3.   
3.1 
3.2 
3.3 
3.4 
3.5
responses within one month of the advertisement and report back to
members at their meeting in October 2026. 
• If members resolve to amend the proposal and re-advertise the
amended scales, and no objections or representations are received in
response to that advertisement, delegate authority to the Head of
Legal and Regulatory Support in consultation with the Chair of PPSL
to conclude the review without the requirement for the Committee to
consider a further report on the review.
DETAIL 
Following the adverts in the local press week commencing 22 June 2026, no
representations have been received from members of the public. One response
was received by a member of the trade. This is attached in Appendix 1. 
Following consideration of the representation on the proposal if Members agree
to proceed with the 5 % increase on the fares and other charges as detailed in
Appendix 2 as proposed by the Committee at their meeting on 17th June 2026 a
letter will be issued to all operators detailing the committee’s final decision on 19
August 2026.
There is a right of appeal to the Scottish Traffic Commissioner by any person or
any persons or organisations appearing to the Traffic Commissioner to be
representative of taxi operators.  Any appeal has to be lodged within a 14 day
period of notification of the decision.
If no appeal is lodged the new scales will be advertised in the local press as
required by the Act.
If Members agree to amend the proposal to amend the scales as proposed by
the one representation there would be a requirement to re-advertise the
proposal and report back to members on any representations received. This
would delay the commencement date for the new fare tariff. 
4. 
4.1 
4.2    
CONCLUSION 
Members are further advised that an advert will be placed in the local press
following their decision if it is agreed to fix the scales as originally
proposed. This will still enable the fares to come into force by 22nd of
October 2026 as previously agreed.
If members agree to amend their proposal as requested by the one
representation received then this proposal would need to be advertised
week commencing 24th August 2026 with a 28 day period for
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representations. A further report would require to be placed before
members if any representations were received.  
IMPLICATIONS 
5.1 Policy- None  
5.2 Financial -none
5.3  Legal – The Council require to review taxi fares in terms of the Civic                 
Government (Scotland) Act 1982
5.4  HR -none
5.5      Customer Service-none
5.6      Risk- none
5.7      Climate Change- none
5.8      Fairer Scotland Duty- none
5.9      Equalities - protected characteristics-none
5.10    Consumer Duty- none
5.11    Island Communities- none
5.12    Children’s Rights and Wellbeing- none 
Douglas Hendry
Executive Director with responsibility for Legal and Regulatory Support
Policy Lead: Cllr Gordon Blair
For further information contact: David Walker, Solicitor
Tel: 01436 658720   Email : david.walker@argyll-bute.gov.uk 
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APPENDIX 1 
The following objection was received from an operator in the Cowal area: 
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APPENDIX 2 
Tariff 1 Hirings from ranks or “flag”
Hiring between 7am and 10pm     
Initial charge (860 yards or part thereof)
Subsequent charge (each 176 yards or part thereof)
(general effect is an increase of 5% = 19p and 1p)  
£3.99
26 pence
Tariff 2 Hirings from ranks or “flag”
Hiring between 10pm and 7am 
Initial charge (860 yards or part thereof)
Subsequent charge (each 150 yards or part thereof) 
£4.78
26 pence  
Tariff 2 also applies to hirings from ranks or “flag” between 6pm and 10pm December 24th,
6pm and 10pm December 31st and between 7am 2nd January and 7am 3rd January
(general effect is an increase of 5% = 23p and 1p) 
Tariff 3 Hiring from ranks or “flag” between 10pm 24th December and 7am 27th December and
between 10pm 31st December and 7am 2nd January 
Initial Charge (860 yards or part thereof)
Subsequent Charge (each 120 yards or part thereof)
(general effect is an increase of 5% = 27p and 1p)
£5.58
26 pence 
Soiling Charge - £100 maximum (with permission to display warning signs indicating that 
there may be an additional charge for any potential loss of earnings suffered as a consequence) 
Waiting Time – 47 pence per minute commencement of journey, charged on a pro rata basis per second 
(general effect is an increase of 2p) 
Taxi called by mean of telephone – 42 pence additional charge 
(general effect is an increase of 2p) 
Large Mini-bus type vehicle (carrying 5 or more passengers together at their own request)-
a) Where Tariff 1 would apply – charge Tariff 2
b) Where Tariff 2 would apply – charge Tariff 3
c) Where Tariff 3 would apply – surcharge £1.37 (general effect is an increase of 7p) 
Fee by negotiation – for all journeys commencing within but finishing outwith Argyll and Bute, in a place of the above charges, such fares may be charged as prior to the acceptance of the hire, were
proposed to the hirer and accepted by him/her 
Ferry Fares – The hirer shall be liable for the cost of a return ferry fare for any journey involving a ferry 
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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: 21/01584/PP
Planning Hierarchy: Local
Applicant: Fabulously Scottish Hotels (Oban) Ltd 
Proposal: Erection of Hotel
Site Address:  Car Park, Shore Street, Oban 
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Erection of hotel
• Formation of vehicular access 
(ii) Other specified operations
• Connection to public water main 
• Connection to public drainage network 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it is
recommended that planning permission is granted as a Minor Departure to the Local
Development Plan and subject to conditions appended to this report. 
(C) CONSULTATIONS:   
Argyll and Bute Council – Roads Authority 
Finalised response dated 06/02/23 recommending refusal of the proposed
development due to the shortfall of parking provision within the site. 
Officer Comment: The proposed development is wholly in accordance with national
planning policy but contrary solely to Policy 40 of the Local Development Plan.
Lengthy negotiations have taken place with the roads engineer to try to reconcile this
tension in order to allow for a positive recommendation to enable this important
economic development to progress. To date, however, the Council’s roads engineers
are maintaining their stance which is based upon their concerns relating to the
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displacement of parking and limitations in capacity in the availability of onstreet
parking and Council car parks available within the locality to accommodate the
additional demand generated. These matters are set out in detail within the
assessment below. Officers are recommending to Members that planning permission
be granted as a minor departure to Policy 40 of LDP2. 
Argyll and Bute Council – Environmental Health Service (EHS) 
Memo dated 15/11/21 advising that the application is proposing the redevelopment
of land where there is an indication of a previous use which may be contaminative
and accordingly, should permission be granted, the EHS recommend that a condition
be imposed to secure a phased, comprehensive site investigation and risk
assessment for the site.   
In a separate memo dated 16/11/21, the EHS recommend that conditions be
imposed on the grant of permission to restrict the hours of operation during the
construction phase of the proposed development in order to protect the amenity of
surrounding properties and the wider area. 
Officer Comment: In this instance it is noted that any concerns relating to the impact
of construction activity arising from the development upon amenity are capable of
being properly controlled through environmental health legislation. This suggested
condition would therefore be unnecessary and should not be imposed on any grant
of planning permission. 
Scottish Water 
Letter dated 04/12/21 advising no objection to the proposed development which will
be serviced from the Tullich Water Treatment Works and the Oban Waste Water
Treatment Works.  Scottish Water do however advise that further investigations may
be required once formal applications for connection to their infrastructure are
submitted for consideration. 
Network Rail 
Letter dated 29/10/21 advising no objection to the proposed development subject to
conditions being imposed on the grant of permission to secure a construction method
statement; details of piling; vehicle incursion; lighting and construction works for the
proposed development.  Network Rails requirements are discussed in more detail in
the main assessment of the application in Appendix A of this report. 
Health and Safety Executive 
Report dated 01/10/21 advising that the proposed development site identified does
not currently lie within the consultation distance of a major hazard site or major
accident hazard pipeline; therefore, at present HSE does not need to be consulted
on any developments on this site. 
Historic Environment Scotland 
E-mail dated 11/10/21 advising that the application is outwith their remit for
consultation purposes. 
JBA Consulting Ltd 
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No objection subject to condition – 27/01/26 
SEPA 
Following the receipt of a detailed flood risk assessment, SEPA have confirmed on
08/12/25 that they have no objection subject to conditions. 
Consultation responses are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(D) HISTORY:   
No relevant planning history. 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 04/11/21. 
(F) REPRESENTATIONS:   
(i) 6 representations, all objecting to the proposal, received from: 
Mr Neil Macintyre, Cairnbhan, Albany Street, Oban, PA34 4NF
(16/11/21)
Ewan McDougall, Etiveawe, Lochandhu Road, Taynuilt, PA35 1JQ
(29/10/21) 
Dilys McDougall, Harbour View, Shore Street, Oban, PA34 4JQ
(25/10/21) 
Sheena McLean, The Kelvin Hotel, Shore Street, Oban (22/10/21)
Lotte Kirchwehn, Sithean House, Isle of Iona, PA76 6SP (18/10/21) 
Barbara Hellenschmidt, Greenbank, Isle of Iona, PA76 6SP
(18/10/21) 
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: 
Overprovision of Hotels /Hotel Facilities 
• There is an oversupply of hotels in Oban, and the building of a further hotel
will adversely affect the viability of other businesses. 
Officer Comment:  Matters related to economic competition are not material
to the assessment of this planning application and cannot be afforded weight
in the consideration of the proposed development. 
Road Safety / Loss of Parking / Parking Provision 
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• The proposed development will result in the loss of an existing car park
which serves locals and visitors with its loss having an adverse impact on
the town. 
• The proposed access point will result in the loss of existing on-street
parking provision. 
• The lack of parking within the site will result in overspill into residential and
other businesses parking facilities. 
• The increase in vehicles utilising the proposed hotel will cause congestion
on this busy route from the ferry into town and will increase the risk of
pedestrian and vehicle accidents. 
• There is a Section 75 (S75) in place linked to Cairnbhan for parking and
access to 4 parking spaces at the southern end of the existing car park
which the proposed development would make difficult. 
• The existing opening opposite Harbour View Guest House was granted as
pedestrian only to allow safe passage from the aforementioned 4 spaces
to allow safe passage to the pavement without having to cross the car park. 
Officer Comment:  The car park is a privately run car park which the Council
has no control over, the car park could be closed without any input from the
Council. 
Whilst not raising any concerns regarding the loss of on-street parking
provision, or road or pedestrian safety issues, the Council as Roads Authority
has objected to the proposal due to the lack of parking provision to serve the
proposed development within the site which is discussed in more detail in the
main assessment in Appendix A of this report. 
With regards to the S75, Officers sought clarification from the agent regarding 
the S75 relating to a previous development (04/01319/DET) which provides an
undertaking for the provision of 4 parking spaces within the current application
site as remote parking for the development approved under the 2004
permission.  The existence of the S75 would effectively reduce the proposed
onsite parking provision from 15 spaces to 11 which has not been addressed
in the application and therefore clarification was sought as to whether the
spaces would be retained and allocated to the 2004 permission as intended,
or whether it is intended to provide alternative parking elsewhere and seek
removal of the S75. 
The agent has confirmed that it is intended to retain the S75 agreement,
effectively reducing the parking provision to 11 spaces associated with the
currently proposed development. 
Health and Safety and Railway 
• The site is in close proximity to the railway line where there is a statutory
exclusion zone of 10 metres. 
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• The hotel will be in close proximity to a large LPG tank on the opposite side
of the railway which will give rise to safety issues. 
• The proposed hotel will suffer from noise from the trains providing a sub-
optimal experience for guest and leading in the long terms to objections
from the hotel operators to any additional trains being put on.  The railway
is also used for steam trains being run by enthusiasts several times a year. 
Officer Comment:  Network Rail and the HSE were consulted on the
proposed development.  Network Rail raised no objection subject to a number
of conditions being imposed on the grant of permission with the HSE raising
no objection. 
With regards to noise from surrounding land uses affecting users of the hotel,
this is a town centre site where a certain amount of noise is inevitable.  Persons
considering staying in the hotel will be aware of the proximity of the hotel to
the railway, ferry terminal and public road, prior to booking accommodation. 
Visual Impact / Historic Environment 
• The proposed development does not respect the townscape character and
amenity of the surrounding area. 
• The design of the proposed hotel is not in keeping with the historic terrace
on the other side of the road. 
• The proposal will be detrimental to the setting of the Listed Buildings at 1-
7 Cawdor Terrace, particularly to those arriving in Oban by boat and rail.   
• It is understood that building on the sea facing side of a Listed Building is
not permitted. 
Officer Comment: Whilst it is acknowledged that the proposed development
would be opposite a terraced row of listed buildings, the opposite side of Shore
Street is primarily characterised by modern and industrial development
associated with the railway and the ferry terminal beyond. Shore street already
has modern buildings to the north of the site in the form of the residential John
Anderson House and Hotel Accommodation in the form of the ‘Premier Inn’. 
It is not considered that the proposed development would have any materially
harmful impact upon the setting of the listed buildings and both the scale and
design of the proposed development are considered acceptable within this part
of the Oban town centre. 
There is no planning policy regarding seaward facing elevations of listed
buildings. 
Loss of Daylight/Overshadowing and Loss of View 
• The proposed development will overshadow the properties opposite and
result in the loss of daylight. 
• The proposed development will result in the loss of view from existing
properties on Shore Street. 
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• The proposed development will have a significant adverse impact on the
quality of life and livelihood (Harbour View Guest House). 
• The application states that Shore Street is not a primarily residential area. 
This is inaccurate, with the exception of the recently constructed Premier
Inn, all of the existing buildings have at least some residential use which
will be impacted upon by the development. 
Officer Comment:  A daylighting and sunlight assessment was submitted in
support of the proposed development which concludes that no adverse impact
will arise.  The report is discussed in the main assessment of the application in
Appendix A of this report. 
Matters related to loss of a private view/outlook are not material to the
assessment of this planning application and cannot be afforded weight in the
consideration of this application. 
The impact on the quality of life and livelihood of Harbour View Guest House
has not been quantified to allow the Planning Authority to provide a meaningful
comment. 
The comment regarding residential use within the surrounding buildings is
noted. 
Contaminated Land 
• The site was filled with waste material from the demolition of the old Oban
Railway Station with asbestos being witnessed as one of the waste
materials. 
Officer Comment:  The Council’s EHS officer noted that the application is
proposing the redevelopment of land where there is an indication of a previous
use which may be contaminative and accordingly, should permission be
granted, the EHS advised that a condition should be imposed to secure a
phased, comprehensive site investigation and risk assessment for the site. 
Opposing Windows 
• The windows in the proposed hotel are closer than 18 metres to those in
the buildings on the opposite side of the public road. 
• The application suggests that the 18 metre rule does not apply as opposing
buildings ‘are not permanent residences’.  This is not true, the owner of the
Kelvin Hotel lives in a ground floor apartment facing Shore Street and
Kerrera Lodge provide medium term accommodation for homeless people
i.e. homes. 
• The balconies will overlook the rooms in the Kelvin Hotel. 
Officer Comment:  These comments are noted and are discussed in detail in
the main assessment of the application in Appendix A of the report. 
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With regards to the placement of balconies, these are proposed to the
elevation facing away from the Kelvin Hotel. 
Impact on Amenity of Surrounding Properties 
• Noise from the proposed hotel will have an adverse impact on
neighbouring properties. 
• Headlights from vehicles utilising the proposed hotel will result in light
pollution to the windows of neighbouring properties. 
Officer Comment:  This is a site situated directly adjacent to the main town      
centre of Oban, directly adjacent to the public road and in very close
proximity to the main transport hub within the town where noise and activity
are expected.  It is not considered that the proposed development will result
in a significant increase in noise or activity where it would be to the
detriment to surrounding properties/uses. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the Conservation
(Natural Habitats) Regulations 1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:   
A Supporting Statement and NPF4 Statement has been
submitted with the application which is discussed in more
detail in the main assessment at Appendix A below. 
☒Yes ☐No 
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist 
☒Yes ☐No
☒Yes ☐No 
The relevant Sustainability Checklists
have been submitted and examined. 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 
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within NPF4 and LDP2 policies 04, 08
and 09. 
(v) A report on the impact of the proposed development eg.
Retail impact, transport impact, noise impact, flood risk,
drainage impact etc:   
☒Yes ☐No (if
Yes list
supporting
documents
below)
The application has been accompanied
by a ‘Parking Analysis Statement’. 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31
or 32:  ☐Yes ☒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. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
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
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 23 – Health and Safety 
Productive Places 
NPF4 Policy 30 – Tourism 
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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 14 – Bad Neighbour Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings 
Diverse and Sustainable Economy 
Policy 22 – Economic Development
Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities 
Connected Places 
Policy 32 – Active Travel
Policy 33 – Public Transport
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 55 – Flooding
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 82 – Contaminated Land 
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. (delete as appropriate) 
• Third Party Representations
• Consultation Reponses
• ABC Technical Note – Biodiversity (Feb 2017)
• TN06 Sustainability Technical Note and Checklist (Oct. 2023)
• TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023)
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• ABC Economic Development Action Plan
• SEPA Standing Guidance for Development Management (Dec. 2022) 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
(M) Has a Sustainability Checklist been submitted:  ☒Yes ☐No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No 
(P)(i) Key Constraints/Designations Affected by the Development: 
• Oban Harbour Railway Pier – Health and Safety Zone (Explosives) 
• The Kelvin Hotel, 1-3 Cawdor Place, Shore Street – B Listed Building (Impact on
Setting)
• 4-6 Cawdor Place, Shore Street – B Listed Building (Impact on Setting)
• 7 Cawdor Place, Shore Street – B Listed Building (Impact on Setting) 
(P)(ii) Soils
Agricultural Land Classification:  Built Up Area
Peatland/Carbon Rich Soils
Classification:
☒N/A
Peat Depth Classification: N/A  
Does the development relate to croft
land?
☐Yes ☒No
Would the development restrict access to
croft or better quality agricultural land?
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
☐Yes
☒No 
Does the proposal include any
replacement or compensatory planting?
☐Yes
☐No details to be secured by condition
☒N/A  
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(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application
(tick all relevant boxes)
☒Brownfield
☐Brownfield Reclaimed by Nature
☐Greenfield 
ABC LDP2 Settlement Strategy
(tick all relevant boxes) 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☐Helensburgh & Lomond Greenbelt
ABC LDP2 Allocations/PDAs/AFAs etc: 
A4004
Oban – South Pier/Railway - Strategic: town
centre, waterfront and strategic transport hub. 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
Introduction and Settlement Strategy 
The proposal the subject of this application is seeking to secure planning permission
for the erection of a 30 bedroom hotel at Shore Street, Oban. 
In terms of LDP2, the site is identified as being within a ‘Settlement Area’ where
Policy 01 gives a presumption in favour of redevelopment of brownfield sites where
the proposed development is compatible with surrounding uses; is of an appropriate
scale and fit for the size of settlement in which it is proposed; respects the character
and appearance of the surrounding townscape in terms of density, scale, massing,
design, external finishes and access arrangements; and is in compliance with all
other relevant LDP2 policies.   
Site and Proposed of Development 
The application site is situated on Shore Street on the edge of the defined town centre
of Oban.  The site comprises a flat area of ground which is currently being used as a
private car park.   
The site is bounded by the Oban to Glasgow railway line along its north and north
western boundaries with John Anderson House, a block of residential flats, to its
north eastern boundary.  To the south, on the opposite side of the public road, is a
terrace of properties comprising the Kelvin Hotel, Kerrera Lodge (providing homeless
accommodation) and Harbour View Guest House. 
The site tapers to a point at the south western end of Shore Street.  No buildings are
present on the site. 
The proposal is seeking to secure planning permission for a contemporary designed
and finished hotel providing 30 letting bedrooms. The proposed hotel comprises a
three storey, mono-pitched roof structure which takes a rectangular form with its main
elevation parallel with the public road which reflects the established development on
Shore Street.  The proposed hotel is to be finished in white coloured render with
elements of natural stone cladding and composite cladding to its elevation with a
dark grey coloured zinc roofing.  Windows and doors are dark coloured aluminium
clad units. 
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The hotel will provide its reception on the ground floor with lifts and stair accesses
leading to the upper floors along with 12 en-suite bedrooms, 2 of which will
accommodate disabled access.  On the first floor are a further 13 en-suite bedrooms
with 5 en-suite rooms on the second storey each with external terraces facing out
over Oban Bay, Kerrera and Mull. 
Key Determining Issues 
As is detailed in Appendix A below, it is considered that the proposed development
accords with all the relevant policies and principles of NPF4 and the relevant policies
of LDP2 except for one key issue. 
The one policy of LDP2 that does not accord with the proposed development is Policy
40 – Vehicle Parking Provision which requires off-street car and vehicle parking for
specified categories of development and to be provided in accordance with a
schedule (LDP2 ‘Table 5’) that varies according to the category of development
proposed. The specific requirement in this case is for 39 off-street parking spaces to
serve the development.  However, due to the precise nature of the site, the proposal
provides for just 15 parking spaces, 4 of which are reserved through a longstanding
legal agreement to serve an existing off-site development elsewhere. Therefore, the
currently proposed hotel development would provide only 11 off-street parking
spaces. 
Given this shortfall, the Council’s roads engineers have objected to the application
on the grounds that the requirements of LDP2 Policy 40 have not been met. 
However, Policy 40 of LDP2 sits uncomfortably with Policy 13 – Sustainable
Transport - of NPF4. 
One of the key national planning policy principles of NPF4 is, “To encourage, promote
and facilitate developments that prioritise walking, wheeling, cycling and public
transport for everyday travel and reduce the need to travel unsustainably.” 
In support of this key planning principle, NPF4 Policy 13 (e) states that, “Development
proposals which are ambitious in terms of low/no car parking will be supported,
particularly in urban locations that are well-served by sustainable transport modes
and where they do not create barriers to access by disabled people.” 
The developer in this case has stated that the proposal has been specifically
designed to reduce reliance on private motor vehicles and has been advanced on
the basis of low car parking provision given the town centre location of the
development and the very close proximity to the Oban railway station, the Oban bus
station and the Oban island ferry terminal. In addition, both the location and the
design of the building offers no material barrier to disabled people. 
Whilst, in the case of a conflict between the National Planning Framework and a
Local Development Plan, Section 24 (3) of the Town & Country Planning (Scotland)
Act 1997 states that the most recently adopted Plan (in this case LDP2) should have
primacy, officers consider that the arguments put forward by the developer to accept
a much reduced level of off-street parking provision in this case are acceptable given
the above and the studies that the applicant has carried out into existing Oban town
centre public car parking provision and uptake (see Appendix A below). 
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Officers have worked with the developer and with our roads engineers to try to
resolve this policy conflict but no resolution acceptable to all parties has been
forthcoming. Given the above and the detailed discussion in Appendix A,  officers
are recommending that Members accept the low parking provision aspect of the
proposed development as a minor departure to Policy 40 of LDP2 and resolve to
grant planning permission. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No              
The proposal is considered to be an acceptable minor departure to Policy 40 of LDP2 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal for the erection of a hotel building, along with the associated
infrastructure and landscaping, is a suitable proposal which accords with the
principles and polices contained within NPF4 as underpinned by all but one of the
relevant planning policies contained within the adopted LDP, and one which will
benefit the local economy in accordance with one of the central challenges for Argyll
and Bute, that of delivering sustainable economic growth. 
(S) Reasoned justification for a departure to the provisions of the Development Plan 
As outlined above. The proposal for the erection of a hotel building, along with the
associated infrastructure and landscaping, is a suitable proposal which accords with
the principles and polices contained within NPF4 as underpinned by all but one of
the relevant planning policies contained within the adopted LDP, and one which will
benefit the local economy in accordance with one of the central challenges for Argyll
and Bute, that of delivering sustainable economic growth 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐
Yes ☒No 
Author of Report: Colin Bradley  Date: 29.07.2026 
Reviewing Officer: Tim Williams Date: 30.07.2026 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 21/01584/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 30/07/21, 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
Floor Plans – Scheme Design  1509 05  D  22/09/21 
Perspective View, Section – Scheme
Design 
1509 10  02/08/21 
Elevations – Scheme Design  1509 11   02/08/21 
Site Plan – Scheme Design  1509 12  B  
Location Plan    02/08/21 
Shore Street Hotel – Daylight &
Sunlight Report – 17 PAGES 
13/12/21 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. PP - Finishing Materials 
Notwithstanding the effect of Condition 1, no development shall commence until
samples of materials to be used in the construction of the development hereby
approved 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  
3. PP – Sustainable Drainage System 
Notwithstanding the provisions of Condition 1, the development shall incorporate a
surface water drainage system which is consistent with the principles of Sustainable
urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753 and sewers for Scotland 4th Edition.  The requisite surface water
drainage shall be operational prior to the development being brought into use and
shall be maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
Note to Applicant 
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Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale
Development – www.sepa.org.uk  
4. PP - Waste Management 
Notwithstanding the effect of Condition 1, no development shall commence until a
Waste Management Strategy for the development has been submitted to and
approved in writing by the Planning Authority.   
The Waste Management Strategy shall include details of how much waste the
proposal is expected to generate and how it will be managed including: 
i. Details of provisions to maximise waste reduction and waste separation at source;
ii. Details of measures to minimise the cross-contamination of materials, through
appropriate segregation and storage of waste; convenient access for the collection
of waste; and recycling and localised waste management facilities. 
Thereafter the development shall be undertaken in accordance with the approved
Waste Management Strategy unless otherwise agreed in writing with the Planning
Authority. 
Reason:  In order to comply with the requirements of NPF4 Policy 12.  
5. PP - Landscaping and Biodiversity Enhancement 
Notwithstanding the effect of Condition 1, no development shall commence until
details of the proposed treatment of the soft landscaping areas within the development
has been submitted to and approved in writing by the Planning Authority. 
The scheme shall include details of: 
i) Location, design and materials of proposed walls, fences and gates; 
ii) Surface treatment of proposed means of access and hardstanding areas; 
iii) Proposed hard and soft landscape works; 
iv) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits will
be maintained for the lifetime of the development. 
The development shall not be occupied until such time as the boundary and surface
treatment have been completed in accordance with the duly approved scheme. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
All physical biodiversity enhancement measures including those to be incorporated
into the fabric of the building shall be implemented before the development is first
brought into use. 
The biodiversity statement should refer to: Developing with Nature guidance |
NatureScot as appropriate. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity, and to comply with the requirements of NPF4 Policy 3.
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6. PP – Contaminated Land 
Unless otherwise agreed in writing and in advance by the Planning Authority, no
development shall commence until a scheme has been submitted by the developer (at
their expense) to identify and assess potential contamination on site and agreed in
writing with the Planning Authority in consultation with the Environmental Health
Service.  The scheme shall be undertaken by a competent person or persons in
accordance with the relevant authoritative guidance including PAN 33 (2000) and BS
10175:2011 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 risk 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). 
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 comments.  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 contamination have been
adequately addressed.  
7. PP - Construction Method Statement 
Notwithstanding the effect of Condition 1, no construction work shall commence until
a Construction Method Statement, which includes plant details, locations and lifting
plans, is submitted to the Planning Authority for approval and agreed in conjunction
with Network Rail’s Asset Protection Engineers. 
Reason:  To ensure construction can be carried out without adversely affecting the
safety of, or encroaching upon, the operational railway. 
Note to Applicant 
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Regard should be had to the advisory comments from Network Rail in relation to the
proposed development details of which are available to view on the planning
application file via the Public Access section of the Council’s website.  
8. PP – Piling Works   
Notwithstanding the effect of Condition 1, no development shall commence until
details of proposed piling works have been submitted to the Planning Authority for
approval and agreed in conjunction with Network Rail’s Asset Protection Engineers. 
Reason:  To ensure construction can be carried out without adversely affecting the
safety of the operational railway. 
Note to Applicant 
Regard should be had to the advisory comments from Network Rail in relation to the
proposed development details of which are available to view on the planning
application file via the Public Access section of the Council’s website.  
9. PP – Vehicle Incursion 
Notwithstanding the effect of Condition 1, no development shall commence until an
assessment for vehicle incursion has been carried out.  Where a potential risk of
vehicle incursion is identified the developer shall submit details of the proposed
barrier/kerbing to be constructed to the Planning Authority for approval and
agreed in conjunction with Network Rail’s Asset Protection Engineers. 
Reason:  To ensure that there is no potential for vehicles to encroach onto the railway
should they collide with the boundary fencing. 
Note to Applicant 
Regard should be had to the advisory comments from Network Rail in relation to the
proposed development details of which are available to view on the planning
application file via the Public Access section of the Council’s website.  
10. PP – Finished Floor Level and Flood Risk Mitigation 
Notwithstanding the effect of Condition 1, the finished floor levels for the development
shall be set to a minimum of 5.1m AOD with a property floor protection level of 5.4m
AOD (by utilising flood resilience and resistance measures). 
The development hereby approved must also have a  safe flood free access /
egress on ground that is entirely above 4.56m AOD. 
Reason: To ensure that the building remains safe and operational during floods and
to ensure that there is safe access/egress available from the building during a flood
event. 
Note to Applicant 
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Regard should be had to the consultation comments from JBA Consulting Ltd advisory
comments from Network Rail in relation to the proposed development details of which
are available to view on the planning application file via the Public Access section of
the Council’s website.  
11.  PP - Timescale to be Agreed for Completion   
No development shall commence until details of the proposed timescale for completion
of the approved development have been submitted to and approved by the Planning
Authority. Thereafter, the development shall be implemented in accordance with the
duly approved timescale for completion unless an alternative timescale for completion
is otherwise agreed in writing with the Planning Authority. 
Reason: In order to comply with the requirements of NPF4 Policy 16F.  
12. Parking and Turning as Shown 
The parking and turning area shall be laid out and surfaced in accordance with the
details shown on the approved plans prior to the development first being occupied and
shall thereafter be maintained clear of obstruction for the parking and manoeuvring of
vehicles. 
Reason: In the interest of road safety. 
13. PP - Vehicular Access 
Notwithstanding the effect of Condition 1, the new proposed vehicular access at the
junction with the public road shall be upgraded in accordance with the Council’s Roads
Standard Detail Drawing SD 08/005a with visibility splays of 2.4 metres to point X by
42 metres to point Y from the centre line of the proposed access. The access shall be
surfaced with a bound material in accordance with the stated Standard Detail Drawing. 
Prior to work starting on site the access hereby approved shall be formed to at least
base course standard and the visibility splays shall be cleared of all obstructions 1.05
metres above the access.  The final wearing surface on the access shall be completed
prior to the dwellinghouse first being occupied and the visibility splays shall be
maintained clear of all obstructions thereafter. 
Reason: In the interests of road safety. 
Note to Applicant: 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained
from the Council’s Roads Engineers prior to the formation/alteration of a junction
with the public road.
• The access shall be constructed and drained to ensure that no surface water is
discharged onto the public road. 
• No new walls, fences, hedges etc. will be permitted within 2 metres from the channel
line of the public road.
• Applicant to be responsible for the costs of moving road signs, street lighting
columns and pillars as necessary as well being responsible for the costs incurred
due to any required changes in traffic orders including re-lining alterations. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  21/01584/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. The proposal the subject of this application is seeking to secure planning permission for
the erection of a 30 bedroom hotel. 
2. Location of Development 
2.1. The application site is situated on Shore Street on the edge of the defined town centre of
Oban.  The site comprises a flat area of ground which is currently being used as a private
car park.   
2.2. The site is bounded by the Oban to Glasgow railway line along its north and north western
boundaries with John Anderson House, a block of residential flats, to its north eastern
boundary.  To the south, on the opposite side of the public road, is a terrace of properties
comprising the Kelvin Hotel, Kerrera Lodge (providing homeless accommodation) and
Harbour View Guest House. 
2.3. The site tapers to a point at the south western end of Shore Street.  No buildings are
present on the site. 
3. Settlement Strategy 
3.1 In terms of LDP2, the site is identified as being within a ‘Settlement Area’ where Policy 01
gives a presumption in favour of redevelopment of brownfield sites where the proposed
development is compatible with surrounding uses; is of an appropriate scale and fit for the
size of settlement in which it is proposed; respects the character and appearance of the
surrounding townscape in terms of density, scale, massing, design, external finishes and
access arrangements; and is in compliance with all other relevant LDP2 policies.   
3.2 In order to address the determining issues, the key considerations in this application are: 
3.1.1. Compliance with the Development Plan and other relevant planning policy
3.1.2. Impact on historic built environment
3.1.3. Sufficiency of proposed parking provision
3.1.4. Any other material considerations. 
4. Proposal 
4.1. The proposal is seeking to secure planning permission for a contemporary designed and
finished hotel providing 30 letting bedrooms. The proposed hotel comprises a three
storey, mono-pitched roof structure which takes a rectangular form with its main elevation
parallel with the public road which reflects the established development on Shore Street. 
The proposed hotel is to be finished in white coloured render with elements of natural
stone cladding and composite cladding to its elevation with a dark grey coloured zinc
roofing.  Windows and doors are dark coloured aluminium clad units. 
4.2. The hotel will provide its reception on the ground floor with lifts and stair accesses leading
to the upper floors along with 12 en-suite bedrooms, 2 of which will accommodate
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disabled access.  On the first floor are a further 13 en-suite bedrooms with 5 en-suite
rooms on the second storey each with external terraces facing out over Oban Bay, Kerrera
and Mull. 
4.3. The proposed hotel is situated directly opposite Kerrera Lodge, on the opposite side of
the public road, which, as detailed above, is understood to currently be in use as homeless
accommodation and at other times as a bed and breakfast.  Kerrera Lodge forms part of
a terrace of buildings on this side of Shore Street with the Kelvin Hotel adjoining its
northeast elevation and the Harbour View Guest House to its southwest elevation. This
terrace of buildings is Category B Listed which is considered in more detail below. 
4.4. The Supporting Statement (SS) submitted with the application details that the windows
on the southeast facing elevation of the proposed hotel are approximately 12 metres from
the windows on the front facing elevation of Kerrera Lodge and the Kelvin Hotel.  The SS
indicates that this distance is similar to other development within the vicinity, making
reference to the Claredon Hotel and Kilmartin Court further along Shore Street. 
4.5. The SS outlines that it is considered that 12 metres is a reasonable and appropriate
window to window distance within the town centre context, particularly having regard to
the limited existing privacy and amenity of the premises on Shore Street, with ground floor
windows immediately adjacent to the public footway, and in close proximity of to the public
road carriageway. 
4.6. The SS further state that, in terms of the privacy and amenity of residents in the proposed
hotel itself, this also does not need to accord with the same standards as would be
expected for permanent residential dwellings and therefore the privacy and amenity of
users of the hotel is considered to be acceptable. 
4.7. Whilst the adopted Sustainable Siting and Design Standards (SSDS) of the LDP provides
detailed guidance on the placement of windows in relation to residential dwellinghouses,
there is no such defined standard for commercial properties such as hotels, hostels and
bed and breakfasts, however, it is considered reasonable for reduced levels of privacy
and amenity for such premises compared to residential properties due to the nature of
their use/occupation.  The SSDS also accepts that the distances set out in the guidance
may not be possible in densely built areas. 
4.8. Whilst the Planning Authority accepts that commercial developments do not require the
same privacy and amenity standards as permanent residential developments, further
information was sought from the Applicant in relation to the impact that the proposed
development would have on daylighting to the properties opposite.  The Applicant
commissioned a specialist firm to produce a Daylight and Sunlight Report (DSR) in
support of the proposed development. The detailed DSR is published in full on the
planning application file and is available to view via the Public Access section of the
Council’s website. 
4.9. The report, in summary, assesses the impact that the proposed hotel may have upon the
existing building, across from and with direct view of the proposed hotel, by comparing
the provision of daylight and sunlight under both the existing and proposed conditions.
The DSR follows the guidance and methodology outlined in BR 209 ‘Site layout planning
for daylight and sunlight – A Guide to good practice (2nd Edition)’.   The DSR details that
to quantify the effect on daylight and sunlight several metrics were assessed as part of
this report including the Vertical Sky Component (VSC), the Average Daylight Factor
(ADF), and the Annual Probable Sunlight Hours (APSH). These were determined using
dynamic simulation modelling techniques following the relevant guidance. 
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4.10. The DSR detail that modelling and calculation results demonstrate that the proposed
hotel fully complies with the recommendations outlined in BR 209. Windows and rooms
of the existing buildings across from the proposed hotel will receive sufficient levels of
daylight and sunlight post-development. In this regard, the Planning Authority is satisfied
that the development of the site with the proposed hotel will not have any significant
adverse impact on privacy or amenity of existing uses. 
4.11. Whilst the site is not within any designated Natural or Built Heritage Designation, the
terrace of buildings directly opposite the site, 1-7 Shore Street, which encompasses the
Kelvin Hotel, Kerrera Lodge and Harbour Guest House, are Category B Listed Buildings
(LB).  Accordingly the proposed development has to be considered in regards to the
impact that it will have on the setting of this terrace of LBs.  This is discussed in more
detail in the relevant section below.   
4.12. The site is within a predominantly commercial area on the periphery of the defined
town centre where it is considered that a hotel would fit well within the existing mix of
development. 
4.13. A new vehicular access is proposed at the southwestern corner of the site from Shore
Street to serve the proposed hotel which will provide access to 7 of the proposed 11
parking spaces, with the remaining spaces accessed via the existing access to the
northeast serving John Anderson House and the Premier Inn. 
4.14. Connection to the public water and public drainage network is proposed to serve the
development. 
5. Compliance with National Policy 
5.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires
to be applied together with other policies in NPF4. 
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. 
In this case, given the small scale nature of the development proposed and its
alignment with all other relevant policies in NPF4 and those supporting policies in
the LDP2, it is considered that the development proposed would be in accordance
with the broad aims of NPF4 Policy 1 as underpinned by LDP2 Policies 01 and 04
and the adopted Sustainability Checklist. 
5.2. NPF4 Policy 2 – Climate, Mitigation and Adaption 
NPF4 Policy 2 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
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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. 
It is considered that the proposed development would be consistent with Policy 2
of NPF4 having had due regard to the specifics of the development proposed and
to the overarching planning policy strategy outlined within the adopted LDP2,
notably Policies 01 and 04, and the adopted Sustainability Checklist. 
5.3.  NPF4 Policy 3 – Biodiversity 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive
effects from development and strengthen nature networks. 
Policy 3 seeks that biodiversity measures should be proportionate to the nature and scale
of the development proposed.  In this instance, the proposal represents the development
of a brownfield site with no existing biodiversity measures and limited scope for such
measures to be secured within this site, however, there are small pockets of landscaping
proposed within the development which could be enhanced to provide biodiversity
enhancement measures, with such details capable of being secured by a planning
condition.   
With a condition to secure proportionate biodiversity enhancement and creation
opportunities the proposed development is considered to be consistent with NPF4
Policy 3 as underpinned by LDP2 Policy 73. 
5.4. NPF4 Policy 4 – Natural Places 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of
nature-based solutions. 
The development proposed by the current planning application is considered appropriate
in terms of its type, location and scale such that it will have no unacceptable impact on
the natural environment. The proposed development is not within any designated
European site of natural environment conservation or protection, it is not located within a
National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature
Reserve. Neither is it located within a site designated as a local nature conservation site
or landscape area or within an area identified as wild land. 
The proposed development is therefore considered to be in accordance with NPF4
Policy 4 as underpinned by LDP2 Policies 70 through to 78 inclusive. 
5.5. NPF4 Policy 7 – Historic Assets and Places 
NPF4 Policy 7 seeks to protect and enhance historic environment assets and places, and
to enable positive change as a catalyst for the regeneration of places. 
Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a significant
impact on historic assets or places are accompanied by an assessment which is based
on an understanding of the cultural significance of the historic asset and/or place. 
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As detailed above, the terrace of buildings directly opposite the site, 1-7 Shore Street,
which encompasses the Kelvin Hotel, Kerrera Lodge and Harbour View Guest House, are
Category B LBs.  Accordingly the proposed development has to be considered in regards
to the impact that it will have on the setting of this terrace of LBs.   
Whilst it is acknowledged that the proposed development would be opposite a terraced
row of listed buildings, the opposite side of Shore Street is primarily characterised by
modern and industrial development associated with the railway and the ferry terminal
beyond. Shore street already has modern buildings to the north of the site in the form of
the residential John Anderson House and Hotel Accommodation in the form of the
‘Premier Inn’. 
It is considered that the sympathetic design of the building, together with the muted palette
of finishing materials proposed, will provide an appropriate contrast between the old and
the new and will not give rise to any significant adverse impact on the remaining setting
of the terrace of LBs. 
Whilst the application provides details of the proposed finishing materials, boundary
treatments and landscaping, the finer details of these will be secured by condition to
ensure that they are of the highest standard to help integrate the hotel building into its site
and wider surroundings. 
It is not considered that the proposed development will have a significant adverse
impact on historic assets or places consistent with NPF4 Policy 7 as underpinned
by LDP2 Policies 15 and 16. 
5.6. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings 
NPF4 Policy 9 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. 
The development proposed by this planning application represents the sustainable reuse
of a brownfield site situated within the Main Town Settlement Zone of Oban within the
LDP, where such proposals are directly supported by Policy 9(a) of NPF4 and
underpinned by LDP2 policy 1. 
With regards for the need in Policy 9(c) to demonstrate that development land is, or can
be made, safe and suitable for a new use, the Council’s EHS advised that as the
application is proposing the redevelopment of land where there is an indication of a
previous use which may be contaminative, should permission be granted, a condition
should be imposed to secure a phased site investigation and risk assessment for the site. 
With such a condition the proposal complies with NPF4 Policy 9(c) which aligns with
Policy 82 of LDP2. 
The development proposed by this planning application represents the sustainable
reuse of a brownfield site situated within the main town centre of Oban within the
LDP, where such proposals are directly supported by Policy 9 of NPF4 as
underpinned by LDP2. 
5.7. NPF4 Policy 12 – Zero Waste 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent
with the waste hierarchy as defined within the policy document. 
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The development the subject of this planning application seeks to secure permission for
a 30 bedroom hotel.  Whilst this is a development which will generate waste when
operational, it will benefit from regular waste uplifts by the Council and will be expected
to comply with our adopted and enforced recycling and reuse strategy.  Notwithstanding
this, it is considered appropriate to impose a condition to secure a statement addressing
the requirements of Part (c) of Policy 12 to ensure compliance.   
With conditions to secure a waste management statement for the operation of the
hotel, the proposal is considered to be in compliance with NPF4 Policy 12 as
underpinned by LDP2 Policy 63. 
5.8. NPF4 13 – Sustainable Transport 
NPF4 13 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. 
The application proposes a 30 bed hotel using an existing vehicular access with a new
second vehicular access spurring from Shore Street and the provision of 15 car parking
spaces within the site, 4 of which are reserved for use through a longstanding legal
agreement for use by an existing commercial development elsewhere. The number of
actual off-street parking spaces available to serve the development currently proposed is
therefore 11 plus a small bicycle parking area. 
Whilst the national planning policy seeks as one of its key aims to reduce the reliance on
unsustainable travel, Policy 40 of LDP2 – Vehicle Parking Provision - requires off-street
car and vehicle parking for specified categories of development and to be provided in
accordance with a schedule (LDP2 ‘Table 5’) that varies according to the category of
development proposed. The specific requirement in this case is for a minimum of 39 off-
street parking spaces to serve the development; a shortfall of at least 28 off-street parking
spaces. 
In their consultation response to the application, the Roads Authority recommended
refusal of the proposed development due to the minimum requisite parking provision of
39 spaces not being met within the proposal.  The Roads Authority did not raise any
objection to the proposed vehicular access spurring from Shore Street to serve the
development. It is therefore considered that the proposal is compliant with policies 35 –
Design of New and Existing, Public and Private Access Regimes, policy 36 – New
Accesses and Policy 39 – Construction Standards for Private Access. 
During the period of November 2021 to March 2026 ongoing discussions have periodically
taken place between the Agent and the roads engineer regarding the proposed
development, including Parking Assessments and Parking Surveys being undertaken by
the Agent, the parameters of which were set by the roads engineer. 
Despite these discussions, assessments and surveys, the roads service has maintained
their recommendation of refusal with a finalised response issued on 06/02/23 stating the
following: 
“Roads note the survey carried out however overall, general concerns remain in regards
to the Council’s car park capacity so as to provide adequate provision for current demand
and to ensure any future additional growth in demand is provided for. 
Roads also note that the private car park could be closed at any time therefore removing
that parking provision currently used. If that was to happen there would be some
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displacement onto the current Council parking in and around the Shore Street/Albany
Street areas and potentially causing further displacement from these locations to spread
around the wider town area. 
The same displacement issues will arise if the hotel development plans are given the go
ahead and if potential additional hotel customer and service traffic is generated then that
would also add to the demand on the Council’s parking provision. 
Issues with traffic circulation, (creating additional road miles and associated emissions)
when looking for suitable parking spots already exists in some parts of the town. If this is
to be avoided going ahead in the wider town area then adequate parking capacity needs
to be preserved”. 
Whilst the stated position of the roads service is both welcomed and understood, there is
a clear conflict here between the key national planning policy aims within NPF4 and the
one planning policy within LDP2 that seeks a materially different approach. One of the
key national planning policy principles of NPF4 is, “To encourage, promote and facilitate
developments that prioritise walking, wheeling, cycling and public transport for everyday
travel and reduce the need to travel unsustainably.” 
In support of this key planning principle, NPF4 Policy 13 (e) states that, “Development
proposals which are ambitious in terms of low/no car parking will be supported, particularly
in urban locations that are well-served by sustainable transport modes and where they do
not create barriers to access by disabled people.” 
The developer in this case has stated that the proposal has been specifically designed to
reduce reliance on private motor vehicles and has been advanced on the basis of low car
parking provision given the town centre location of the development and the very close
proximity to the Oban railway station, the Oban bus station and the Oban island ferry
terminal. In addition, both the location and the design of the building offers no material
barrier to disabled people. 
As noted above, the proposal site is within approximately 300m walking distance of the
bus stops on Station Road, 400m walking distance of Oban Railway Station, and 550m
of the Calmac Ferry Terminus. It is thus accessible by a choice of existing public transport
connections. 
In the case of a conflict between the National Planning Framework and a Local
Development Plan, Section 24 (3) of the Town & Country Planning (Scotland) Act 1997 
states that most recently adopted plan (in this instance LDP2) should have primacy.
Officers consider the arguments put forward by the developer to accept a much-reduced
level of off-street parking provision, in this instance, is acceptable as evidenced by the
car-parking studies as undertaken by the applicant into Oban town centre car parking
provision and uptake. 
These studies, the parameters of which were agreed with the roads officer, were carried
out in July 2017, at a ‘peak’ weekend to be indicative of peak summer months. The studies
showed that during the peak times, 16:00 on Friday and 13:00 on Saturday, 76 vacant
spaces and 72 vacant spaces respectively were available within Oban town centre.  With
regards to likely peak times for the hotel and its end-users, 18:00 – 19:00 on Friday and
08:00 – 09:00 on Saturday there were 80 parking spaces available and 85 spaces
available respectively. 
These studies detail that although there is sub-standard, in-curtilage provision as
compared to the prescribed parking levels required for a hotel development in line with
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policy 40 of LDP2 within the curtilage of the proposed development, there is sufficient
parking provision to accommodate any overspill of the parking requirement within the
wider town centre.   
Officers are therefore respectfully recommending that Members accept the low parking
provision aspect of the proposed development as a minor departure to Policy 40 of LDP2
and resolve to grant planning permission. 
If the above is accepted, the proposed development is considered to be in
accordance with NPF4 Policy 13 as substantially underpinned by LDP2 Policies 35,
36 and 39 but as a minor departure to LDP2 Policy 40. 
5.9. NPF4 Policy 14 – Design, Quality and Place 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development
that makes successful places by taking a design-led approach and applying the ‘Place
Principle’. 
Policy 14(a) seeks development proposals to be designed to improve the quality of an
area whether in urban or rural locations and regardless of scale with Part (b) giving
support to proposals where they are consistent with the six qualities of successful places. 
The proposed hotel building is an attractively designed, three storey, mono-pitched roof
structure which takes a rectangular form with its main elevation parallel with the public
road which reflects the established development on Shore Street.  The proposed hotel is
to be finished in white coloured render with elements of natural stone cladding and
composite cladding to its elevation with a dark grey coloured zinc roofing.  Windows and
doors are dark coloured aluminium clad units. 
It is considered that the proposed hotel building is of an appropriate scale, design and
finishes which will fit well within this site which is in an area where there is no distinct
architectural style evident with a varied mix of styles and finishes, some traditional and
some more modern buildings of no particular architectural merit.   
The proposed redevelopment of this brownfield site to provide a purpose built, attractively
designed and finished hotel, within landscaped grounds, would result in a visual
improvement to the streetscene within this part of Oban.  The development gives regard
to the siting and orientation of the development within the wider streetscene at this
location.  The site is on the edge of the defined town centre, within close proximity to the
transport hub and a wide range of local services. 
In the event that planning permission were to be granted, the proposed
development is considered to represent a suitably sited, designed development in
compliance with the broad aims of NPF4 Policy 14 and the sustainable siting and
design policies of LDP2 namely Policy 04, Sustainable Development, Policy 05,
Design and Placemaking, Policy 09, Sustainable Design, Policy 10, Design: All
Development and Policy 11, Design: Conversions and Change of Use which, in
summary, collectively seek to ensure that developments are compatible with
surrounding land uses, make 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. 
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5.10. NPF4 Policy 18 – Infrastructure First 
NPF4 18 seeks to encourage, promote and facilitate an infrastructure first approach to
land use planning, which puts infrastructure considerations at the heart of placemaking. 
The development the subject of this planning application proposes connection to the
existing public water supply and drainage infrastructure in the control of Scottish Water. 
In their response to the application Scottish Water raised no objection to the proposed
development which will be serviced from the Tullich Water Treatment Works and the Oban
Waste Water Treatment Works.  Scottish Water do however advise that further
investigations may require to be undertaken once formal applications for connection to
their infrastructure is submitted to them for consideration.   
The proposed water and drainage infrastructure to serve the proposed
development is considered to be consistent with the broad aims of NPF4 Policy 18
as underpinned by LDP2 Policies 04 and 08. 
5.11. NPF4 Policy 22 – Flood Risk and Water Management 
Policy 22 seeks to strengthen resilience to flood risk and to ensure that water resources
are used efficiently and sustainably. 
As detailed above the development the subject of this planning application proposes a
connection to the public water network to which Scottish Water has not objected.   
Since the application was first submitted, NPF4 has been adopted which has brought the
site into a Coastal Flood Risk area and therefore consultations were undertaken with
SEPA and JBA. 
In their initial response to the application SEPA advised that SEPA Future Flood Maps
show that there is a coastal flood risk covering almost the entire site area noting that the
site is below 5m AOD, therefore the ground level of the proposed hotel is lower than the
Coastal Flood Boundary + climate change and freeboard.  Accordingly, in order to
overcome their objection, SEPA requested the submission of a detailed FRA which would
require to demonstrate that the proposed development avoids the coastal flood risk area
for a 1 in 200 year event including an appropriate allowance for climate change. 
In their response to the proposal, JBA deferred their decision until details of the finished
floor levels of the proposed development were provided and shown to be set to a minimum
of 4.9m AOD with a property flood protection level of 5.4m AOD (by utilising flood
resilience measures).  JBA advised that these values could be refined by a site specific
Flood Risk Assessment (FRA). 
A detailed flood risk assessment has now been provided which has allowed SEPA to
withdraw their objection subject to a planning condition requiring the finished floor levels
for the development to be set to a minimum of 5.1m AOD with a property floor protection
level of 5.4m AOD (by utilising flood resilience and resistance measures). The
development hereby approved must also have a  safe flood free access / egress on
ground that is entirely above 4.56m AOD. These matters can be secured by planning
condition. 
With planning conditions to secure the requirements of SEPA and the Council’s
Flood Risk Assessor, the proposed development is considered to be in accordance
with NPF4 Policy 22 as underpinned by national flood risk policy and LDP2 Policy
55.
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5.12. NPF4 Policy 23 – Health and Safety 
NPF4 Policy 23 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. 
The development the subject of this planning application is on a site bounded by the Oban
to Glasgow railway line.  Whilst the railway line can be reasonably described as a potential
‘safety hazard’ for the purposes of Policy 23, Network Rail have been consulted and have
raised no objection to the proposed development on safety grounds subject to a number
of conditions and informatives being imposed on the grant of permission to secure
Construction Method Statement; details of any piling works; an assessment for potential
vehicle incursion and details of external lighting within the development. 
In addition to the above, due to the proximity of the site to the Railway Pier which is
defined as an ‘Explosive Interest’, consultation was undertaken with the HSE.  However,
in their response to the planning application, the HSE advised that the proposed
development site identified does not currently lie within the consultation distance of a
major hazard site or major accident hazard pipeline; therefore at present HSE does not
need to be consulted on any developments on this site. 
With regards to construction noise, the EHS suggested that should permission be
granted, conditions be imposed with regards to the hours of operation on site during the
construction period of the proposed development.  However, construction hours are not
generally conditioned by the Planning Authority, with any issue arising during the
construction period of development, a matter dealt with under separate EHS legislation. 
With planning conditions to secure the requirements of Network Rail, the
development is considered to be compliant with the aims of NPF4 Policy 23 as
underpinned by LDP2 Policy 14. 
5.13. NPF4 Policy 30 – Tourism 
NPF4 Policy 30 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 of Policy 30 provides a number of criteria which require to be considered in
proposed tourism ventures, as follows. 
i. The contribution made to the local economy;
ii. Compatibility with the surrounding area in terms of the nature and scale of the
activity and impacts of increased visitors;
iii. Impacts on communities, for example by hindering the provision of homes and
services for local people;
iv. Opportunities for sustainable travel and appropriate management of parking
and traffic generation and scope for sustaining public transport services
particularly in rural areas;
v. Accessibility for disabled people;
vi. Measures taken to minimise carbon emissions;
vii. Opportunities to provide access to the natural environment. 
The Agent has submitted the following statement addressing the criteria set out in
Policy 30(b).
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“There are clear economic benefits to the proposal. The proposal will provide
employment to local people and will bring visitors to the town who would be expected
to add to the economy of the town through shopping, eating out and visiting attractions.
The proposed use is compatible with the local area as it is on a street with existing
guest houses and a Premier Inn. 
There is no expected impact on the local community. The site is currently used as a
private car park and so the proposal will not hinder the provision of homes and services
for local people. 
As noted, the site is located within walking distance of public transport connections,
including bus, rail and ferry. The proposal will thus promote sustainable travel and
minimise carbon emissions. 
The proposal will be accessible for disabled people. The submitted floorplans (drawing
reference 1509 05 D Floor Plans) show that two rooms have been designed specifically
to cater for disabled people. These rooms includes accessible showers and toilets and
are located on the ground floor for ease of access. A publicly available disabled toilet
is also proposed on the ground floor, within the reception foyer. Upper floors will be
accessible by both stairs and lifts. 
Access to the natural environment is limited in the urban setting of the site.
Landscaping will be provided on the site, providing a biodiversity gain compared to the
current use”. 
Policy 30 gives direct support to tourism development provided that the criteria
set out in Part (b) of the policy is taken into account.  It is considered that the
information submitted satisfactorily addresses the criteria set out in Policy 30(b)
In this regard the proposal is considered to be in compliance with NPF4 Policy
30 as underpinned by LDP2 Policies 22 and 23. 
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House
Slipway
FB
9.4m
Hall
4 to 6
John
Depot
SHORE STREET
Terminal Mast
Car
Tank
ESS
The Waterfront
7
Liby9
Car Park
10 to 15
RAILWAY PIER
Cawdor Terrace
Cawdor Place
10.1m
Albany Apartments
Oban Ferry
DRIMVARGIE ROAD
GLENSHELLACH TERRACE
PW
7
House
(Govt Offices)
16 to 21
Park
Mean High Water Springs & Mean Low Water Springs
Hotel
Anderson
Landing Stage
MLWS
Navigation Light
L Twr
4
3
2
1
17 to 32
House
Cameron
35
Ps
56
Cawdor
(Fixed Green White Green)
Bollards
Health Centre
1 to 3
1 to 12
ALBANY STREET
22 to 32
1 to 16
Sorting Office
Hall
An t-Òban / Oban (Station)
FB
ESS
© Crown Copyright and database right 2025
All rights reserved. OS license (customer) account number AC0000849384
Location Plan relative to: 21/01584/PP
O
0 25 5012.5 Meters
Application Site
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
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: 25/01690/PP
Planning Hierarchy: Local Application
Applicant: Adventure Lane CIC
Proposal: Change of Use and Conversion of Existing Church and
Detached Rear Hall to Form a Family Entertainment
Activity Centre Including Erection of Single Storey Link
Extension and Associated Works
Site Address:  Trinity Church, 26 Castle Street, Rothesay, Isle of Bute
PA20 9HA    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission 
• Change of use and conversion of existing church and detached rear hall
to form a family entertainment activity centre
• Erection of single storey extension linking church and detached rear hall
• Formation of an outdoor play area on land to the rear of the hall
• Formation of a covered terrace on the south-facing elevation of the rear
hall
• Provision of secure bike storage behind front boundary walls 
(ii) Other specified operations 
• Internal alterations
• Connection to public water supply and public wastewater drainage
system 
(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
Local Development Plan 2 subject to the conditions, reasons and informative notes
set out below. 
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(C) CONSULTATIONS: 
Scottish Water (letters dated 20th November 2025 and 30th July 2026) 
Scottish Water has no objections to the proposal. There is currently sufficient
capacity in the Dhu Loch Water Treatment Works and in the Rothesay Wastewater
Treatment Works for connection to service the development. However, it is noted
that further investigations may be required to be carried out once a formal application
has been submitted to them. 
West of Scotland Archaeology Service (e-mail dated 28th November 2025) 
Most of the ground disturbance associated with the proposal would take place
towards the rear of the church building – the creation of the link extension connecting
it to the former church hall and in the ground around the hall for the installation of
the various pieces of outdoor play equipment. 
The church hall occupies ground that was shown as being largely undeveloped on
the 1st edition Ordnance Survey map of 1869, and which is likely to be beyond the
gardens shown by Roy’s Military Survey of Scotland to the rear of the houses fronting
onto Castle Street and the eastern side of the High Street. 
Given that the amount of ground disturbance required for the installation of the play
equipment appears likely to be reasonably limited, it is accepted that, on balance,
the potential for the proposal to encounter and remove significant sub-surface
archaeological material is likely to be too low to warrant a programme of
archaeological work. 
Area Roads Engineer (reports received on 16th January and 25th June 2026) 
Recommendation of refusal on the following grounds: 
• The application does not meet the parking standards set out within Policy 40
of the Council’s Local Development Plan 2. The proposed development
requires at least 29 off-road parking bays to be provided and this has been
shown to be unachievable 
• It is considered that neither the nearest local public car parks nor the streets
surrounding the application property are able to accommodate the increase
in demand for parking that would result from the proposed development.  On
this basis, concern is expressed that the impact arising from the lack of
parking provision would adversely impact road safety, traffic management
and parking within Rothesay 
Environmental Health Service (memo dated 11th June 2026) 
No objections subject to conditions and informative notes regarding food and health
legislation; construction and operational noise; lighting; cooking odour; waste
storage; site drainage; building design and gulls; and asbestos. 
Bute Community Council (comments received on 13th July 2026) 
The Convenor of Bute Community Council, Jean Moffat, has provided the following
statement: 
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“At the Bute Community Council meeting of the 24/06/26, a packed house voted
unanimously but for one objector, in favour of the Adventure Lane conversion of
Trinity Church. Whilst the community councillors were not in unanimous agreement,
this, as Convenor of the council, I find irrelevant. Our sole remit is to support the
wishes of the community and as these wishes were so forcibly stated, I am, without
hesitation in full support of our community.” 
(D) HISTORY:   
Listed Building Consent (ref: 01/00190/LIB) was granted on 23rd March 2001 for
internal alterations to the church to provide a W.C. compartment and to increase the
kitchen facilities. 
Listed Building Consent (ref: 03/00509/LIB) and Planning Permission (ref:
03/00512/DET) were granted on 18th June and 2nd June 2003 respectively for
alterations to the pews and choir floor area within the church and the formation of an
emergency exit ramp at the side door on the east-facing elevation. 
No objections were raised on 30th December 2010 to a request (ref: 10/01838/TPO)
for the pollarding of one elm tree in the rear curtilage of the church. 
Advertisement Consent (ref: 11/01450/ADV) was granted on 17th October 2011 for
the erection of a freestanding illuminated notice board in the front curtilage of the
church. 
An application for Listed Building Consent (ref: 25/01691/LIB) is currently under
consideration for the external and internal works at the property. 
(E) PUBLICITY:   
Subject of Neighbour Notification (closing date 26th December 2025) and advertised
as development in a Conservation Area (closing date: 19th December 2025). 
(F) REPRESENTATIONS:   
Objection 
Objections have been received from the following three sources: 
Mrs Kate Howes, Flat 2/2, 36 Castle Street, Rothesay, Isle of Bute (19.12.2025)
Alison Clark, Mount Pleasant Road, Rothesay, Isle of Bute (22.12.2025)
Georgina Holt, 30 Castle Street, Rothesay, Isle of Bute (23.12.2025) 
The points raised can be summarised as follows: 
i. Concern is expressed that the initial ‘Parking Statement & Report’ dated
September 2025 is somewhat disingenuous in representing the number of
available spaces. It is contended that the numbers of available parking
spaces on any of the roads are over inflated as they do not take into
account current traffic restrictions e.g. Castle Street (Zone 18) only has 19
available spaces rather than 32. 
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There is no sensible available parking in Zone 2 and Zones 4-8 identified
in the ‘Parking Statement & Report’ as the streets are either single
lane/one way. Additionally, parking would deny access to a number of
businesses including the post office mail and parcel sorting facility. 
Zone 19 is Serpentine Road and it is not physically possible to park on this
road. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
ii. It is contended that, when the church was used for worship on Sundays, it
was always utter chaos with double and illegal parking to let passengers
alight. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
iii. Concern is expressed that the premises is on a dangerous blind corner
with speeding traffic and low visibility. It is pointed out that, particularly
considering the aim of attracting families with children, traffic management
measures will be essential. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
iv. Castle Street and Bishop Street are the key roads that provide access for
heavy goods vehicles and emergency services. Current parking on these
two streets makes road usage challenging for drivers of these types of
vehicle, with Bishop Street operating an informal priority to oncoming uphill
traffic. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
v. It is pointed out that there is no bus stop on Castle Street. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
vi. It is queried how many event spaces and coffee shops a population of
6037 can support. 
Comment: The activities to be provided within the proposed centre are
considered to be complementary to other facilities in Rothesay. 
vii. It is queried whether the scheme fits with the published overarching
Council economic development and improvement plans. 
Comment: The Argyll and Bute Economic Strategy (2024-2034) has four
key strategic pillars: ‘People’, ‘Place’, ‘Planet’ and ‘Prosperity’. The current
proposal fits with many of the objectives within these four pillars: improving
workforce skills; supporting job opportunities in emerging and new
industries; investing in our towns, rural and remote rural communities,
including our islands and peninsulas, to attract new people and
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businesses; investing in critical economic infrastructure such as the re-use
of land and buildings for community benefit; and revitalising the tourism
sector. 
viii. It is pointed out that young parents leave the island for better jobs, housing
and education choices for their children with the only growth group on Bute
being the over 50s. 
Comment: Two of the objectives of the proposal are to provide
employment and to create a facility for a wide range of ages, both of which
would hopefully contribute to keeping young people and people with young
families on the island. 
ix. Tourists will visit the island but, in 2026/2027, the ferries are operating a
reduced timetable to accommodate a maintenance program. 
Comment: This issue does not have a material bearing upon the Planning
aspects of the case. 
x. It is contended that hymns and organ music were always clearly heard
emanating from the church. There is already noise pollution created by
Bute Yard and the proposal would exacerbate this issue such that one of
the objectors won’t be able to open their windows at all. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
xi. Reservations are expressed that the proposal would result in another
licensed premises in this part of Rothesay, which already includes Bute
Yard, the Galatea Bar, the Golfers Bar, the Taverna and Mac's Bar. 
Comment: The issue of a lack of need for a particular type of development
does not have a material bearing upon the Planning aspects of the case. 
xii. Concern is expressed that, as the premises would have an alcohol licence
and would open until 1 p.m. three nights of the week, the proposal would
result in excessive noise and drunken behaviour in a residential area. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
xiii. Concern is expressed that the stated aim of providing family and child
activities may be dependent on revenue from food and drink. 
Comment: This issue does not have a material bearing upon the Planning
aspects of the case. 
Support 
Expressions of support have been received from the following nine sources: 
Miss Joanne Cowie, 135J High Street, Rothesay, Isle of Bute (02.12.2025)
Mrs Charlene Kane, 31 Wyndham Road, Rothesay, Isle of Bute (03.12.2025)
Mrs Linda Baird, 2 Abbotsford, Gowanfield Terrace, Rothesay, Isle of Bute
(09.12.2025)
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Jon Usher, 10 Bishop Terrace, Rothesay, Isle of Bute (24.01.2026)
Helen Barr – no address provided (12.06.2026)
Alison Fraser – no address provided (15.06.2026)
Mrs Allison Harley, Flat 2, Montford Apartments, 35A Craigmore Road, Rothesay,
Isle of Bute (20.06.2026)
Steven Douglas, President and Chief Operating Officer, Saputo Dairy UK, 5 The
Heights, Brooklands, Weybridge (13.07.2026) 
The points raised can be summarised as follows: 
a. The proposed conversion of Trinity Church would ensure that the building
would not become rundown and, therefore, would avoid the loss of another
attractive and significant property on Bute. It would also keep the history
of a church that has meant so much to the people of the island. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
b. The church building in its former use had space for a congregation of 600,
all of whom were accommodated without any additional car parking
spaces. It is contended that the change of use of the building should not
materially impact the parking available in Rothesay as there are plenty of
unrestricted parking spaces available on adjacent streets as well as car
parks within walking distance of the venue. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
c. The capacity of the venue would be well below that of Bute Yard, which is
close by and which has minimal parking available. It is put forward that
parking challenges do not arise when well-attended events in Bute Yard
are taking place e.g. the monthly markets. 
Comment: This point is noted. 
d. The building is in a location that is highly accessible both on foot and by
public transport. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
e. An indoor resource offering varied activities for children and families (both
residents and tourists) does not currently exist on Bute (beyond the SULA
Collective, which is craft based). The proposal would offer a much-needed,
year-round indoor facility that would be available during inclement
weather. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
f. Children living on the island currently need to go to the mainland for days
out and parties that involve soft play facilities, bowling, etc, thus putting
extra financial burden onto families (ferry cost). The proposed introduction
of Adventure Lane would reduce the need to travel to the mainland for
these types of activities.
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Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
g. According to the Scottish Index of Multiple Deprivation, Rothesay falls into
the category of an area of deprivation. The use of the building to allow
parents and carers, regardless of income, to participate in activities that
were only available by travelling to the mainland is surely a good thing. 
Comment: This point is noted. 
h. The proposal would create jobs for local people and would also boost local
income for other local businesses as it would draw more visitors to the
island. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
i. The proposal would be a viable local option for end-of-term school trips
and for use by scouts, boys brigade, etc. 
Comment: This point is noted. 
j. There are currently no social spaces for teenagers and the proposal would
provide one. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
k. Spaces such as those proposed in Adventure Lane support positive
physical, mental and social wellbeing in young people. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
l. It is contended that the proposal would not be detrimental to other projects
on the island and it would enhance the investment that Argyll and Bute
Council have made in the Pavilion by allowing greater choice and a diverse
range of facilities. 
Comment: This point is noted. 
m. Concern is expressed that Bute Community Council has recently began to
push a narrative that is not reflective of the community opinion, which is
evident from the significant number of comments on social media. 
Comment: This point is noted. 
n. As one of Bute’s largest employers, Saputo Dairy UK recognises the
importance of initiatives that strengthen communities, improve quality of
life and create opportunities for future generations. The company has
supported the development of the Adventure Lane project through the
Saputo Legacy Fund. The investment followed a thorough assessment
process, during which the proposal demonstrated a strong alignment with
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the objectives of the Fund and its commitment to delivering long-term
benefits to the local community. 
Comment: This point is noted. 
Representation 
A representation neither in support nor opposition to the proposal has been
received from: 
Ms Rose-Marie Barbeau 35 Bishop Street, Rothesay, Isle of Bute (19th December
2025) 
The points raised can be summarised as follows: 
(i) There is support for ensuring that the property does not fall into disrepair
but it is considered that there is not enough experience involved to run a
large hospitality venue and the upkeep of a very challenging building. 
Comment: This point is noted. 
(ii) The proposal has been presented as a family centre with activities for
children but it would appear to be essentially a licensed premises with very
little for those under the age of 8-10. 
Comment: The proposal identifies the provision of indoor and outdoor
play areas that would be suitable for children under the age of 8. 
(iii) On the grounds of noise both inside and outside the premises, it is put
forward that it should close at 10 p.m. in line with Bute Yard. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
(iv) The addition of 3 disabled parking bays in a neighbourhood of multiple unit
residences would take away from the seven unrestricted parking spaces
available to residents on Castle Street, upper Bishop Street and lower
Serpentine Road and it's not clear what calculation this provision is based
on. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
(v) The Council will need to recognise that traffic-slowing measures will have
to be implemented as it is only because the activities associated with the
previous use of the building as a church were relatively infrequent that a
serious accident did not happen. 
Comment: This issue is addressed in the assessment contained in
Appendix A later in this report. 
Petition 
A petition of support containing 207 signatories was received on 8th July 2026. A
summary of the wording contained in the petition is as follows:
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• The proposal is an exciting opportunity to restore an important historic
building that is currently underused into a modern entertainment activity
centre that would cater for all ages 
• The premises would provide a high-quality leisure destination featuring
family entertainment activities, social spaces, food and drink facilities
together with attractions to increase tourism, support businesses and
encourage year-round economic activity on the Isle of Bute 
Comment: These issues are addressed in the assessment contained in     
Appendix A later in this report. 
Letters of Support for the Adventure Lane project from 2024 
The agent has forwarded individual letters of support for Adventure Lane from a
number of sources. As these letters were written in March and August 2024, they
pre-date the submission of the current Planning and Listed Building applications
and they are understood to have been in association with another stage in the
overall Adventure Lane process.  
The letters are from the following: 
• Brendan O’Hara MP 
• Jenni Minto MSP 
• Session Clerk of Isle of Bute Parish Church 
• CEO of Scotland’s Town Partnerships 
• Apple Tree Nursery in Rothesay 
• Deputy Lieutenant for the Isle of Bute 
• Fyne Futures Ltd in Rothesay 
The representations and documentation referred to in this section are published in
full on the planning application file and are available to view via the Public Access
section of the Council’s website.   
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes No 
(iii) A Design or Design/Access statement:  Yes ☐No 
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The application was accompanied by an extensive
‘Design and Access Statement’ prepared by the
agent, JSS Architects. The key points can be
summarised as follows: 
• Throughout the initial concept design
process, significant consideration was given
to the policies within the Argyll and Bute
Local Development Plan 2 and the National
Planning Framework 4 
• The proposed family entertainment activity
centre will provide a new and exciting facility
for the area, offering various activities and
experiences for both locals and tourists.
There is a high demand for this type of
facility in the area 
• The development will increase the footfall
for local businesses and should increase the
length of time that tourists remain in the
local area as it will provide more things to do
and see. This will also benefit other local
businesses as well as the public transport
facilities 
• The Isle of Bute needs to retain and
increase its working age population if its
economy is to thrive in the future. Any
increase in visitors to the island and any
facility which contributes to the retention of
young families on the island will
complement the newly restored Rothesay
Pavilion once it reopens 
• It is acknowledged that the lack of onsite
parking might be considered to be an initial
restriction; however, NPF4 advises that
development proposals which are ambitious
in terms of low/no parking will be supported,
particularly in urban areas that are well
served by sustainable transport modes. 
• The site is well located to provide
sustainable travel options for guests and
locals visiting the Activity Centre with little to
no need for the use of cars. The
accompanying active travel plan highlights
how accessible the venue is by
foot/cycle/public transport. Incentives will be
offered to promote active travel for both staff
and visitors.   
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(iv) A Sustainability Checklist (with reference to the
requirements of LDP2 Policy 04): 
No specific ‘Sustainability’ or ‘Sustainable Building’
checklists were submitted with the application.
Notwithstanding this, it is considered that the
information contained in the submitted plans and
the contents of the ‘Design and Access Statement’
referred to in Section (iii) above and the reports
mentioned in Section (v) below provide a sufficient
level of detail to allow a proper assessment to be
carried out.   
☐Yes No  
(v) Reports on the impact of the proposed
development e.g. retail impact, transport impact,
noise impact, flood risk, drainage impact, etc: 
‘Parking Statement & Report’ prepared by SW
Consultancy (N.I.) Ltd (September 2025) 
‘Parking & Transport Report Addendum’ prepared by
Thrive Community Consultants (April 2026) 
‘Roads Objection Response’ prepared by Thrive
Community Consultants (April 2026) 
‘Active Travel Plan’ prepared by Thrive Community
Consultants (April 2026)    
Note: The above reports are summarised in the
assessment section – Section 7 within the Appendix 
Yes ☐No 
The reports and documentation referred to above are published in full on the planning
application file and are available to view via the Public Access section of the Council’s
website.   
(H) PLANNING OBLIGATIONS 
Is a Section 75 obligation required:   ☐Yes No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:☐Yes 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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National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 7 – Historic Assets and Places 
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings
NPF4 Policy 12 – Zero Waste 
NPF4 Policy 13 – Sustainable Transport 
Liveable Places 
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 21 – Play, Recreation and Sport
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 23 – Health and Safety 
Productive Places 
NPF4 Policy 25 – Community Wealth Building
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 15 – Supporting the Protection, Conservation and Enhancement of our
Historic Built Environment
Policy 17 – Conservation Areas
Policy 21 – Sites of Archaeological Importance 
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Diverse and Sustainable Economy 
Policy 23 – Tourist 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 49 – Sport, Recreation and Community Facilities
Policy 55 – Flooding
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Area (LLA)
Policy 73 – Development Impact on Habitats, Species and Biodiversity 
(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. 
Consultation Responses
Third Party Comments
Planning History
LDP2 Technical Notes 
Argyll and Bute Sustainable Design Guidance 2006
Roads Development Technical Guidance 2024
Historic Environment Policy Statement 2019
Historic Environment Scotland – ‘Managing Change in the Historic Environment’
Publications 
(K) Is the development a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes No 
(M) Does the Council have an interest in the site: ☐Yes No 
(N) Requirement for a pre-determination hearing: ☐Yes No 
Objections to the application have been received from a total of three sources and,
in terms of the ‘Scheme of Administration and Delegations’ contained in the Council’s
Constitution (2025), this number is less than the eleven that is required in order for
the PPSL Committee to consider a proposal. 
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The reason that this particular application is before Members results from the
recommendation of the Roads Department that Planning Permission be refused on
the grounds of a lack of parking spaces and the resultant impact of this on road
safety, traffic management and parking within Rothesay and the Planning
Department’s opinion that there are mitigating circumstances such that an approval
can be justified as a minor departure to Development Plan policy. 
In considering the benefits of holding a pre-determination hearing in this particular
case, it is the opinion of the Department that the representations that have been
received, the views that have been expressed by consultees, the supporting
documentation that has been submitted and the Officer assessment of the relevant
planning issues contained within this report provide a sufficient level of information
to enable Members to make an informed decision based on all of the material
planning considerations pertaining to the development. 
It is, therefore, considered that the proposal does not raises any complex or technical
issues that have not been addressed in the Report of Handling and, therefore, it is
the Department’s position that a discretionary local hearing would not add value to
the planning process.    
(O) (i) Key Constraints/Designations Affected by the Development: 
Local Landscape Area
Conservation Area
Category B Listed Building 
(ii) Soils 
Agricultural Land Classification:  Built-up Area/Unclassified Land          
Peatland/Carbon Rich Soils
Classification:
☐Class 1
☐Class 2
☐Class 3 
 N/A 
Peat Depth Classification: N/A  
Does the development relate to croft
land? 
☐Yes ☒No 
Would the development restrict
access to croft or better quality
agricultural land? 
☐Yes ☒No 
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☒No 
(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
☐Yes
☒No
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Does the proposal include any
replacement or compensatory
planting? 
☐Yes
☐No – details to be secured by condition
☒Not applicable
(iv)Land Status / LDP Settlement Strategy  
Status of Land within the Application  ☒Brownfield
☐Brownfield Reclaimed by Nature
☐Greenfield    
ABC LDP2 Settlement Strategy 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☐Helensburgh & Lomond Greenbelt
ABC LDP2 Allocations/PDAs/AFAs, etc: 
Edge of Town Centre   
(P)(v) Summary assessment and summary of determining issues and material
considerations 
Planning Permission is sought for the change of use of the vacant Trinity Church site
in Castle Street, Rothesay to a family entertainment activity centre. This will involve
the provision of a range of play experiences in the main church building to the front
(including a modular golf course, bowling lanes, interactive darts, virtual reality
experiences, etc. with a bar/restaurant) and a physical link is to be created to the hall
to the rear, which is planned to accommodate an indoor adventure playground and
party room. On the land to the rear of the hall, four pieces of outdoor play equipment
are to be installed. 
The key issues are the principle of development, the impact on the built environment,
the community, economic and tourism benefits, the impact on residential amenity
and the impact on parking and the local road network. 
These key issues are summarised below whilst all other minor issues are considered
in the detailed assessment within the Appendix.  
Principle of Development 
The application relates to the change of use of a currently vacant church and rear
hall (a brownfield site) that is within Rothesay, which is the main settlement on the
Isle of Bute. The proposal is considered to provide a sustainable new use for the site
that would secure its long-term future through the retention, reuse, recording and
sensitive adaptation of the principal building. It will incorporate both indoor and
outdoor high-quality recreation and leisure facilities that will provide a positive
contribution to the community and tourist network as it will enhance the experience
of both residents and visitors to the island. 
The proposed alterations and extension of the building would be appropriate in terms
of their effect on the character of the Rothesay Conservation Area and the
Department is of the opinion that the intended use would have no materially
detrimental impact on parking and the local road network in this part of Rothesay.
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Overall, the principle of the proposed development is considered to accord with the
relevant NPF4 policies relative to the reuse of brownfield, vacant and derelict land
and empty buildings and to the LDP2 Settlement Strategy.   
Impact on the Built Environment 
The subject property, which dates from the mid-19th century, is a Category B Listed
Building that occupies a prominent position in the Rothesay Conservation Area close
to the point where Castle Street and Bishop Street join. 
Due to the amalgamation of congregations as a result of a decline in worshippers,
the building has been vacant for a couple of years. The proposal represents an
opportunity to bring the building back into active use and this is recognised as a key
component in ensuring that it does not fall into disrepair and become a derelict
structure. 
As such, the current proposal is to be welcomed and it is also clear that it has been
developed with respect and careful consideration of the existing property and its
significant internal features. The alterations that are identified have been formulated
with the intention of increasing the usability of the church building to cater for multiple
activities whilst retaining its historical character. 
The scheme introduces accessible entry points and a platform lift to ensure inclusive
access throughout, while safeguarding historic fabric. Interventions have been
carefully located to avoid adverse impact on key fixtures and finishes, in line with
HES’s Managing Change: Accessibility guidance. The existing street access,
boundary wall, and railings are retained, preserving the established historic setting. 
Prior to any alteration works taking place, a photographic and drawn recording
exercise will be undertaken to capture the current layout, fixtures, and condition of
the church. 
Having regard to all of the above, the proposal is considered to be acceptable and
to preserve the character and appearance of the site in question and this part of the
Rothesay Conservation Area. 
Community, Economic and Tourism Benefits 
Development Plan Policies support proposals that provide significant community,
economic and tourism benefits. In the case of the current application, an international
corporate donor, Saputo Dairy UK, set up a Legacy Fund in 2021 to support projects
for the benefit of the community on the Isle of Bute. After extensive research, two
projects were identified which met the needs of the island community and one of
these projects is the subject of this application. 
The information that accompanies this application explains that engagement took
place with the community to identify the type of facilities that are needed. This led to
the formulation of the family entertainment activity centre, which will meet a number
of objectives, including: the provision of assorted opportunities for exercise for all
ages, thus having a positive effect on public health and wellbeing; the offering of
training opportunities for young people as well as local employment; the use of local
contractors, suppliers, and businesses where possible; the creation of increased
spending within the community by both locals and tourists; and a complementary but
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different experience in comparison with other facilities on Bute that will help attract
visitors to the island for longer stays. 
Having regard to all of the above, the proposal is considered to be a project that will
have an extremely positive effect on the local community and will boost the island’s
economy and the visitor experience. 
Impact on Residential Amenity 
LDP2 Policy 14 seeks to resist any proposal that would have an unacceptable
adverse impact upon the amenity of neighbouring land uses, including as a result of
noise, odour, light pollution, etc.   
In the case of the current application, there are residential properties adjoining the
site on the same side of Castle Street and there are also dwellings on the opposite
side of the road. The Environmental Health Service has been consulted and has
recommended conditions and informative notes in respect of a number of matters,
including external lighting, noise management, the collection, treatment and disposal
of cooking odours, etc. 
It is considered that the use of appropriately worded conditions and informative notes
would successfully mitigate any potential adverse impact upon neighbouring amenity
arising from the proposed development in accordance with the above-mentioned
LDP2 policy. 
Impact on Parking and the Local Road Network 
Policy 40 of LDP2 states that off-street car and vehicle parking shall be provided for
development in accordance with prescribed car parking standards. The policy also
refers to those circumstances where a zero parking exemption can be applied. 
There have never been off-street, dedicated parking spaces associated with Trinity
Church over its 180-year use as a place of worship and no spaces are identified as
part of the current application. In this case, the type of proposed use is not one of
the exempt categories of development and, although it is considered edge of town
centre, the site is just outwith the identified town centre. In these circumstances, the
zero parking exemption cannot be applied. 
The applicant and agent have acknowledged that parking is a significant issue and,
for this reason, they employed a consultant to carry out an initial car parking study
(‘Parking Statement & Report’ prepared by SW Consultancy (N.I.) Ltd in September
2025) and a different consultant (Thrive Community Consultants) was engaged to
submit a ‘Parking & Transport Report Addendum’, a ‘Roads Objection Response’
and an ‘Active Travel Plan’ in April 2026. 
Having considered the supporting documentation that has been provided by the
applicant and agent, the Roads Department have recommended refusal on the
following grounds: 
• The application does not meet the parking standards set out within Policy 40
of the Council’s Local Development Plan 2. The proposed development
requires at least 29 off-road parking bays to be provided and this has been
shown to be unachievable 
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• It is considered that neither the nearest local public car parks nor the streets
surrounding the application property are able to accommodate the increase
in demand for parking that would result from the proposed development.  On
this basis, concern is expressed that the impact arising from the lack of
parking provision would adversely impact road safety, traffic management
and parking within Rothesay 
The proposal departs from parking standards due to the absence of on-site parking.
However, this is justified as the provision of parking would require the loss of the
historic frontage and boundary features of the Category B Listed Building, causing
harm to the character of the listed building and Rothesay Conservation Area. There
is also no land within the applicant's control on which parking could be provided. 
Parking surveys have identified that there is on-street parking capacity relatively
close to the facility. The proposed use has a maximum capacity of 200 persons,
substantially lower than the church's historic capacity of around 600 persons, and
therefore is not expected to generate greater parking demand than the existing lawful
use. 
The site occupies a highly accessible town-centre location, served by bus services,
ferry connections, taxi facilities and convenient pedestrian links. In addition, an Active
Travel Plan can be secured by condition to encourage sustainable travel and
manage visitor arrivals and departures. 
Furthermore, National Planning Framework 4 supports low or no parking
developments in accessible urban locations well served by sustainable transport.
Taking account of the heritage benefits of securing a viable long-term use for the
listed building, the site's accessibility and the active travel measures proposed, the
departure from parking standards is considered justified in this instance. 
Whilst it is recognised that the proposal does not meet the provisions of Policy 40 of
LDP2 in terms of off-street parking, the mitigating factors detailed above are of
sufficient materiality for the application to be approved as a minor departure to the
Development Plan, which is set out in detail below. 
Conclusion 
The proposal has been considered against all of the relevant policies and it is
considered that significant material weight should be afforded to sensitively bringing
this important Listed Building back into active use to benefit Rothesay town centre
and the wider Isle of Bute. The family entertainment activity centre will have
considerable community, economic and tourism benefits. It is preferable to have off-
street parking but, given a variety of factors including the relative capacities of the
lawful and proposed uses, the provision of an Active Travel Plan, and the proximity
to public transport links, it is not considered that the absence of off-street parking is
a reason for refusal. In conclusion, the proposal, if approved, will successfully
contribute to the sense of place and vitality of the Town Centre. 
(Q) Is the application consistent with the Development Plan: ☐Yes No 
(R) 
Reasons why Planning Permission should be granted 
See Section (S) below.
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(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Policy 40 of LDP2 states that off-street car and vehicle parking shall be provided for
development in accordance with prescribed car parking standards. The policy also
refers to those circumstances where a zero parking exemption can be applied. 
There have never been off-street, dedicated parking spaces associated with Trinity
Church over its 180-year use as a place of worship and no spaces are identified as
part of the current application. In this case, the type of proposed use is not one of
the exempt categories of development and, although it is considered edge of town
centre, the site is just outwith the identified town centre. In these circumstances, the
zero parking exemption cannot be applied. 
The applicant and agent have acknowledged that parking is a significant issue and,
for this reason, they employed a consultant to carry out an initial car parking study
(‘Parking Statement & Report’ prepared by SW Consultancy (N.I.) Ltd in September
2025) and a different consultant (Thrive Community Consultants) was engaged to
submit a ‘Parking & Transport Report Addendum’, a ‘Roads Objection Response’
and an ‘Active Travel Plan’ in April 2026. 
Having considered the supporting documentation that has been provided by the
applicant and agent, the Roads Department have recommended refusal on the
following grounds: 
• The application does not meet the parking standards set out within Policy 40
of the Council’s Local Development Plan 2. The proposed development
requires at least 29 off-road parking bays to be provided and this has been
shown to be unachievable 
• It is considered that neither the nearest local public car parks nor the streets
surrounding the application property are able to accommodate the increase
in demand for parking that would result from the proposed development.  On
this basis, concern is expressed that the impact arising from the lack of
parking provision would adversely impact road safety, traffic management
and parking within Rothesay 
There are a number of factors to consider in this part of the assessment: 
• Trinity Church is a Category B Listed Building and one of its key features is
the quality of the boundary treatment of the frontage onto Castle Street,
comprising the low-coped stone wall; the panelled gate piers flanking the
central entry; and the pyramidal caps surmounted by decorative cast-iron
lamp standards. The provision of off-street parking would result in the loss of
this feature to the detriment of the townscape of this part of the Rothesay
Conservation Area 
• It is understood that, due to there being no areas of vacant land in the
applicant’s ownership, there are no options for providing off-street parking in
relation to the proposed development 
• The parking surveys submitted as part of the application identify that there is
on-street parking capacity exceeding the notional demand of 29 spaces
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close to the facility, in particular High Street (Zone 11) has capacity for 63
cars and there are always spaces on both weekdays and weekends for
around 15 to 20 cars on average. King Street (Zone 15) is also highlighted
as having capacity of around 10 spaces on average 
• The capacity of the proposed use is 200 people, which is significantly less
than the existing use as a church which is 600 people 
• The lawful use of the site is as a Class 10 Non-Residential Institution and the
other uses that could be introduced under this classification without the need
for Planning Permission have the potential to generate relatively large
numbers of movements. In the absence of permission being required, the
Planning Authority would have no mechanisms by which to mitigate the
impact of these uses 
• The Active Travel Plan has a number of measures to control the arrivals and
departures and overall capacity at any one time and this Travel Plan can be
secured by condition thereby providing a degree of influence on travel
methods and limitation on car usage 
• The site is also well served by sustainable transport options, including
adjacent bus stops and the main bus terminal at Guildford Square where
most residents will arrive and depart at Rothesay, a nearby taxi rank, the
ferry terminal (the source of one of the key target market), and safe
pedestrian routes with dedicated crossing points 
• The aspirations inherent in National Planning Framework 4 where
development proposals which are ambitious in terms of low/no parking will
be supported, particularly in urban areas that are well served by sustainable
transport modes 
Whilst it is recognised that the proposal does not meet the provisions of Policy 40 of
LDP2 in terms of off-street parking, the mitigating factors detailed above are of
sufficient materiality for the application to be approved as a minor departure to the
Development Plan. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes No   
Author of Report: Steven Gove    Date: 3rd August 2026 
Reviewing Officer:  Kirsty Sweeney    Date: 4th August 2026 
Fergus Murray
Head of Development and Economic Growth   
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 25/01690/PP 
Standard Time Limit Condition for Planning Permission (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
1. Approved Details 
Unless otherwise directed by any of the conditions below, the development shall be
implemented in accordance with the details specified on the application form dated
9th October 2025; 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 Plan  Drawing No. 1473_001  B 10.10.2025
Existing Block Plan Drawing No. 1473_002  C  17.11.2025
Existing Ground &
Intermediate Floor
Plans 
Drawing No. 1473_003  A 10.10.2025
Existing Upper &
Bell Tower Floor
Plans  
Drawing No. 1473_004  A 10.10.2025
Existing Sections  Drawing No. 1473_005  A 10.10.2025
Existing Church
Elevations  
Drawing No. 1473_006  A 10.10.2025
Existing Church
Elevations 
Drawing No. 1473_007  A 10.10.2025
Existing Church Hall
Elevations 
Drawing No. 1473_008  B 17.11.2025
Existing Elevations  Drawing No. 1473_009  - 10.10.2025
Proposed Block Plan  Drawing No. 1473_102  C 17.11.2025
Proposed Ground &
Intermediate Floor
Plans 
Drawing No. 1473_103  - 10.10.2025
Proposed Upper &
Bell Tower Floor
Plans
Drawing No. 1473_104 - 10.10.2025
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Proposed Sections  Drawing No. 1473_105  A 10.10.2025
Proposed Elevations  Drawing No. 1473_106  B 17.11.2025
Proposed Elevations  Drawing No. 1473_107  A 10.10.2025
Proposed Elevations  Drawing No. 1473_108  B 17.11.2025
Proposed Elevations  Drawing No. 1473_109  A 
Door, Window &
Louvre Schedule 
Drawing No. 1473_200   17.11.2025
Detail No.1 of
Outdoor Large Play
Tower 
Plan 1 of 6  17.11.2025
Detail No.2 of
Outdoor Large Play
Tower 
Plan 2 of 6  17.11.2025
Detail No.1 of
Outdoor Toddler
Play Tower 
Plan 3 of 6  17.11.2025
Detail No.2 of
Outdoor Toddler
Play Tower  
Plan 4 of 6  17.11.2025
Details of Outdoor
Nest Swing 
Plan 5 of 6  17.11.2025
Details of Outdoor
Seesaw 
Plan 6 of 6  17.11.2025 
Reason: For the purpose of clarity, to ensure that the development is implemented
in accordance with the approved details. 
2. Active Travel Plan 
Prior to the coming into use of any part of the development hereby approved, an
Active Travel Plan (ATP) shall be submitted to and approved in writing by the
Planning Authority. 
Unless otherwise agreed with the Planning Authority, the ATP shall incorporate at a
minimum the following: 
i. An introduction with context and development details 
ii. A Policy Statement, including any relevant site-specific policies 
iii. A site audit and accessibility review
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iv. A statement on the intended outcomes, including an identification of the
daily capacity of the premises (i.e. maximum number of users)   
v. A clear management and delivery structure, including the identification of
the Travel Plan Co-ordinator 
vi. Details of the measures that will be implemented to ensure that the agreed
number of daily maximum users will not be exceeded (e.g. the operation
of a managed, booking-based system) 
vii. Details of the initiatives to be used in encouraging more sustainable travel
behaviour, including marketing and promotion 
viii. An Action Plan with implementation timescales and budget 
ix. SMART (Specific, Measurable, Achievable, Realistic, Timebound) targets
with baseline data, a monitoring and review process and related
timescales 
Unless otherwise agreed in writing with the Planning Authority, the Active Travel Plan
shall be implemented for the lifetime of the development in accordance with the
details so approved. 
Reason: In the interests of ensuring sustainable travel patterns and as part of the
justification for the approval of the application as a minor departure from Policy 40 of
the Argyll and Bute Local Development Plan 2. 
3. Bicycle Storage 
A facility for the storage of cycles, the details of which shall have been previously
submitted to and agreed in writing with the Planning Authority, shall be provided
within the application site prior to the development hereby approved being brought
into use. 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’. 
4. External Lighting 
Unless otherwise agreed in writing with the Planning Authority, all external lighting
on the application site shall be operated, positioned and angled in compliance with
the Scottish Government Guidance Note “Controlling Light Pollution and Reducing
Lighting Energy Consumption” (March 2007). 
Reason: In order to protect the amenity of the immediate area from the creation of
nuisance due to light pollution and to support the reduction of energy consumption. 
5. Arrangements for the Storage and Collection of Waste 
Prior to the commencement of the development, details of the proposed
arrangements for the storage and collection of waste shall be submitted to and
approved in writing by the Planning Authority. The arrangements shall be
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implemented in accordance with the approved requirements prior to the development
being brought into use and shall thereafter be retained in perpetuity unless otherwise
agreed in writing by the Planning Authority. 
Reason: In order to accord with the principles of sustainable waste management
within NPF4 Policy 12 and LDP2 Policy 63. 
6. Surface Water Drainage / Porous Hardstanding 
Notwithstanding the details shown on the approved plans, all areas of hardstanding,
including paths and patios, shall be constructed using porous materials or otherwise
designed to permit the direct infiltration of surface water to the ground. Details of the
proposed hardstanding materials and construction shall be submitted to and
approved in writing by the Planning Authority prior to their installation. The approved
scheme shall thereafter be implemented in full and retained for the lifetime of the
development. 
Reason: To reduce surface water runoff and minimise the risk of flooding in the
interests of sustainable drainage and flood risk management. 
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INFORMATIVE NOTES 
1. The attention of the applicant/developer is drawn to the contents of the letters dated
20th November 2025 and 30th July 2026 from Scottish Water which are in the list of
documents relative to the application in the Council’s Public Access System 
2. In terms of Condition 2 above, it is acknowledged that an Active Travel Plan prepared
by Thrive Community Consultants was received on 28th April 2026 and it is suggested
that the contents of this document can be used in the formulation of the formal
submission relative to this condition 
3. The Environmental Health Service has provided the following advice 
i. As a food premises, the proposal will be subject to the requirements of Food
Law. The applicant/developer is strongly recommended to contact the
Environmental Health Service to discuss the kitchen layout and proposed
foods to be made to ensure compliance with the law and good practice in
order to protect public health. In any case, the applicant is required to
register as a food business. 
From the plans, there appear to be water closets opening directly on to the
kitchen and servery, this is unacceptable and, as such, the plan should be
revised such that no WC opens out into a food preparation space without
suitable Intervening Space (IVS). 
ii. The applicant should submit to the Environmental Health Service a Noise
Management Plan relative to the construction phase of the project. 
The document shall incorporate the following: 
▪ An identification and assessment of all potential sources of nuisance
that may cause disturbance to nearby residents during the construction
of the development, including noise/ vibration, dust, surface runoff and
any temporary lighting. This should cover all aspects of the proposal
(e.g. ground works, access improvements and construction of building
and any associated facilities) 
▪ For all potential sources of nuisance, the applicant will be required to
provide a management plan that incorporates details of the suitable
control measures to be put in place so as to ensure that construction
works do not cause a loss of amenity to local residents and/or statutory
nuisance. Such details shall include (but not be limited to) the intended
hours of working; the movement of vehicles into, within and out of the
site; the use of plant; and the storage of equipment and materials on
the site 
iii. The hours of working at the site during the construction of the development
hereby approved shall be restricted to 08.00 to 18:30 Monday to Friday and
08.00 to 13.00 on Saturdays. No construction work shall take place at the
site on Sundays or Bank Holidays. 
iv. The applicant should submit to the Environmental Health Service a Noise
Management Plan that details how extraneous noise will be mitigated to Best
Practicable Means. The applicant should achieve a Noise Rating Criteria of
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NR35 during the day (0700-1900hrs) and NR25 during the evening/night
(1900-0700hrs). 
v. Deliveries or collections to and from the site shall not be carried out between
the hours of 23:00 and 07:00. 
vi. The development shall not commence until a detailed specification regarding
the collection, treatment and disposal of cooking odours has been submitted
to and approved by the Environmental Health Service.  Such specification
shall include precise details on the location of equipment used for the
cooking and heating of food, canopies, grease filters, rates of air movement
over the canopy, make–up air, air disposal points etc. Air disposal points
should terminate at least 1m above any opening windows. 
vii. Where discharge is intended to terminate below eaves height of the nearest
residential building (as in this case), the applicant should submit to the
Environmental Health Service details of the advanced odour management
infrastructure in place to ensure that discharge from the ventilation system
does not negatively affect local residents. 
viii. Suitable and sufficient measures for the effective collection and disposal of
surface water should be implemented during construction phase of the
project as well as within the completed development to prevent flooding
within this and nearby property 
ix. The applicant/developer should be fully aware of the Construction (Design
& Management) Regulations 2015 (CDM 2015) and its implications on client
duties, etc. 
x. It is very strongly recommended that appropriate measures be taken in the
design of all buildings and their construction, to inhibit the roosting and
nesting of gulls. Such measures are intended to reduce nuisance to, and
intimidation of, persons living, working and visiting the development 
xi. Prior to starting work on the site, the applicant must ensure that appropriate
steps have been taken to comply with the requirements of the Control of
Asbestos Regulations 2012, namely the duty to assess if asbestos is present
in any of the existing buildings proposed to be disturbed in anyway and to
remove before commencing work. 
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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 25/01690/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. The Proposal 
1.1. Trinity Church is a Category B Listed Building that is in the Rothesay Conservation Area
on Castle Street close to where the road turns in a northerly direction and becomes Bishop
Street. Running along the northern boundary of the site is Castle Street, whilst the site is
bounded to the south and east by private residential properties, separated by existing 2-
metre-high stone walls. To the west is the former church hall whilst in a south westerly
direction is Bute Yard, which is a multi-use venue incorporating both indoor and outdoor
spaces. 
1.2. In 2024, the congregation of Trinity Church united with the United Church of Bute and
moved out of the building. It has subsequently been purchased by Adventure Lane CIC
and the current application is seeking Planning Permission to change the use of the
vacant site to a family entertainment activity centre. This will involve the provision of a
range of play experiences in the main church building to the front (including a modular
golf course, bowling lanes, interactive darts, virtual reality experiences, etc. including a
bar/restaurant) and a physical link is to be created to the hall to the rear, which is planned
to accommodate an indoor adventure playground and party room. On the land to the rear
of the hall, four pieces of outdoor play equipment are to be sited – two play towers; a
seesaw; and a nest swing. 
2. Principle of Development and Settlement Strategy 
2.1 National Planning Framework 4 (NPF4) explains that significant weight should be given to
the global climate and nature crises when considering new development and that
proposals should 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. It also 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. 
2.2 In terms of the Settlement Strategy set out in the adopted Argyll and Bute Local
Development Plan 2 (LDP2) 2024, the application site is identified as being within the
‘Settlement Area’ of Rothesay where there is a presumption in favour of redevelopment of
brownfield sites where the proposed development is compatible with surrounding uses; is
of an appropriate scale and fit for the size of settlement in which it is proposed; respects
the character and appearance of the surrounding townscape in terms of density, scale,
massing, design, external finishes and access arrangements; and is in compliance with all
other relevant LDP2 policies. 
2.3 The application relates to the change of use of a currently vacant church and rear hall (a
brownfield site) that is within the main settlement on the Isle of Bute. The proposal is
considered to provide a sustainable new use for the site that would secure its long-term
future through the retention, reuse, recording and sensitive adaptation of the principal
building. It will incorporate both indoor and outdoor high-quality recreation and leisure
facilities that will provide a positive contribution to the community and tourist network as it
will enhance the experience of both residents and visitors to the island. 
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2.4 As will be explored in more detail later in this report, the proposed alterations and extension
of the building would be appropriate in terms of their effect on the character of the
Rothesay Conservation Area and the Department is of the opinion that the intended use
would have no materially detrimental impact on parking and the local road network in this
part of Rothesay. 
2.5 On the basis of the foregoing, the principle of the proposed development is
considered to accord with NPF4 Policies 1, 2 and 9 and LDP2 Policy 01 as listed in
Section (J) of this report. 
3. Impact on the Built Environment 
3.1. The relevant policies in NPF4 and LDP2 seek to protect and enhance historic environment
assets and places, and to enable positive change as a catalyst for the regeneration of
places. They support development proposals in or affecting Conservation Areas where
they would preserve or enhance the character and appearance of the designated area
and its setting. Relevant considerations include the architectural and historic character of
the area; the existing density, built form and layout; and the context and siting, quality of
design and suitable materials.  
3.2. The policies also require that proposals should be designed to improve the quality of an
area and they offer support to development that achieves the six qualities of: health;
pleasantness; connectivity; distinctiveness; sustainability; and adaptability. Development
that is poorly designed, detrimental to the amenities of surrounding areas or inconsistent
with the aforementioned six qualities will not be supported. 
3.3. Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
states that “In the exercise, with respect to any buildings or other land in a conservation
area… special attention shall be paid to the desirability of preserving or enhancing the
character or appearance of that area”. 
3.4. The history of Trinity Church dates back to June 1843 when the minister along with most
of the elders and congregation of Rothesay Parish Church left the establishment to form
the Rothesay East Free Church, as it was first known. On 13th July 1845, the building was
opened for worship. It is an example of gothic architecture that was designed by the
prominent Scottish architect, Archibald Simpson, and it was built to house a congregation
of 650 people. 
3.5. Unfortunately, as congregation numbers were declining, the building was earmarked by
the Church of Scotland to be sold and this is where the applicant took the opportunity to
purchase the historic property with the objective of preserving it and preventing it falling
into disrepair. 
3.6. The assessment of the proposal in relation to its designation as a Listed Building will
principally be undertaken in the report on the application for Listed Building Consent (ref:
25/01691/LIB). However, it is considered appropriate to refer to the qualities of the
building in determining the impact of the proposal on the character of the wider
Conservation Area. 
3.7.  In this regard, the following statements are made in Historic Environment Scotland's
document titled 'Guidance on the Principles of Listed Building Consent': 
• The majority of Listed Buildings are adaptable and have met the needs of
successive generations while retaining their character. Change should, therefore,
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be managed to protect a building's special interest while enabling it to remain in
active use. Each case must be judged on its own merits but, in general terms,
listing rarely prevents adaptation to modern requirements but ensures that work is
done in a sensitive and informed manner. 
• Listed Buildings will, like other buildings, require alteration and adaptation from
time to time if they are to remain in beneficial use, and will be at risk if such
alteration and adaptation is unduly constrained. In most cases, such change, if
approached carefully, can be managed without adversely affecting the special
interest of the building. 
• Where a proposal involves alteration or adaptation which will sustain or enhance
the beneficial use of the building and does not adversely affect the special interest
of the building, consent should normally be granted. 
3.8. The agent, JSS Architects, have submitted a Design and Access Statement in support of
the application and the key points can be summarised as follows: 
▪ Although the proposals would result in the loss of many of the pews, Historic
Environment Scotland (HES) recognise that this would be necessary to create
usable floorspace to enable the reuse of the church. For those pews which must
be removed to facilitate safe circulation, inclusive access or new activities, a
salvage strategy will be implemented. This will explore their reuse within the
development (for example, as integrated seating, display elements, or timber
repurposed in fit-out features) and can be offered to the public to be reused. Where
neither retention nor reuse is achievable due to condition or safety reasons, a clear
justification will be provided 
▪ Key architectural features including the vaulted ceiling, roof structure, balcony
panelling, wall panelling, organ pipes and their surrounds, stained glass and
original doors are identified on the submitted drawings for retention. These
elements will remain integral to the adapted scheme, ensuring that the building’s
character continues to be legible. Where interventions are required, the principle
of minimal intervention and reversibility will be applied: for example, the proposed
balcony in the existing gallery will incorporate a glass balustrade to maintain the
original features of the gallery as a focal point 
▪ Prior to any alteration works taking place, a photographic and drawn recording
exercise will be undertaken to capture the current layout, fixtures, and condition
of the church 
▪ Any energy efficiency measures will follow the ‘Guide to Energy Retrofit of
Traditional Buildings’ produced by HES. Measures will prioritise passive
improvements (such as draught-proofing and secondary glazing where
appropriate) and reversible installations. Engagement with HES’s Technical
Conservation team will be sought before any significant fabric interventions are
carried out 
▪ The scheme introduces accessible entry points and a platform lift to ensure
inclusive access throughout, while safeguarding historic fabric. Interventions have
been carefully located to avoid adverse impact on key fixtures and finishes, in line
with HES’s Managing Change: Accessibility guidance. The existing street access,
boundary wall, and railings are retained, preserving the established historic setting  
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3.9. The Department’s position is that it is important to recognise that finding an active use for
a historic church building is a key component in ensuring that it does not fall into disrepair
and become a derelict structure. As such, the current proposal is to be welcomed and it
is also clear that it has been developed with respect and careful consideration of the
existing property and its significant internal features. The alterations that are identified
have been formulated with the intention of increasing the usability of the church building
to cater for multiple activities whilst retaining its historical character.  
3.10. Having regard to all of the above, the proposal is considered to be acceptable and to
preserve the character and appearance of the site in question and this part of the
Rothesay Conservation Area. 
3.11. On the basis of the foregoing, the proposed development is considered to accord
with NPF4 Policies 7 and 14 and LDP2 Policies 04, 05, 08, 09, 10, 11, 15 and 17 as
listed in Section (J) of this report. 
4. Impact on the Natural Environment 
4.1. The relevant NPF4 and LDP2 policies generally seek to protect, restore and enhance
natural assets making best use of nature-based solutions and to protect biodiversity,
reverse biodiversity loss, deliver positive effects from development and strengthen nature
networks. 
4.2. No material biodiversity impacts have been identified in the assessment of this application
by the Planning Authority and, in the particular circumstances of the proposal, no
conditions relating to specific measures for biodiversity enhancement and protection are
considered to be necessary. 
4.3. The site for the proposed development is not within any of the following: a designated
European site of natural environment conservation or protection; a National Scenic Area;
a SSSI or RAMSAR site; a National Nature Reserve; or a Local Nature Conservation Site. 
4.4. The site is, however, located in a Local Landscape Area (LLA) and this designation is a
recognition of a locally important physical landform that is of scenic value. Policy 71 of
LDP2 seeks to resist development in, or affecting, an LLA where its scale, location or
design would have a significant adverse impact on the character of the landscape and
one of the requirements is that an application for development within this type of area
should be supported by a landscape and visual impact assessment. 
4.5. No formal landscape and visual impact assessment has been submitted with the current
application; however, it is considered that the submitted plans and drawings provide
sufficient information to allow an appropriate form of assessment to be carried out. Given
the relatively localised impact that the proposed works to the exterior of the buildings
within the site would have, it is considered that the proposal would have a ‘neutral’ effect
upon the visual qualities of the wider LLA. 
4.6. On the basis of the foregoing, the proposed development is considered to accord
with NPF4 Policies 3 and 4 and LDP2 Policies 71 and 73 as listed in Section (J) of
this report. 
5. Community, Economic and Tourism Benefits 
5.1. NPF4 and LDP2 policies relating to this section can be summarised as follows: 
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• Proposals that contribute to the viability, sustainability and diversity of rural
communities and the local rural economy, including the reuse of redundant or
unused buildings should be supported   
• Local economic development should focus on community and place benefits as a
central and primary consideration 
• Proposals should contribute to local community wealth building strategies by
improving community resilience and reducing inequalities; increasing spending
within communities; ensuring the use of local supply chains and services; local job
creation; and supporting community led proposals 
• Proposals that increase the mix of uses of town and local centres, thereby
improving their vitality and viability, should be supported 
• Communities and places should enjoy economic, social and cultural benefits from
tourism thus supporting resilience and stimulating job creation 
• Sustainable tourism development should be promoted and facilitated where it
benefits local people and is consistent with the country’s net zero and nature
commitments 
5.2. The NPF4 Annex C concerns ‘Spatial Planning Priorities’, which forms guidance for the
preparation of Regional Spatial Strategies and Local Development Plans. Rothesay is
specifically mentioned in the section on the ‘Central’ area, where NPF4 refers to “strategic
sites”. In relation to the wider Clyde area, the Framework notes that: 
“[m]any business and investment sites are located along key transport corridors and new
approaches may be required as investment transitions away from locations that can only
be reached by car towards more accessible areas that are connected by low carbon
and active travel options.” 
And further: 
“The wider Clyde Coast, an iconic area rich in cultural heritage and natural assets, can
be reimagined through collective efforts on regeneration in nearby coastal communities,
such as Dunoon and Rothesay. The area’s accessibility by train and water means that
it is an ideal location for low carbon tourism and leisure.” 
5.3. The supporting information submitted with the application explains that, during extensive
on-island interviews and research, the lack of indoor, family-based activities on the Isle of
Bute was raised as a chronic issue: parents of younger children noted that to provide any
non-curricular experience, they had to travel off island; older children and teenagers had
nowhere to go thus congregating in the town centre; and older residents identified the
lack of spaces to meet and socialise. 
5.4. From an economic perspective, Bute's traditional tourist markets began to decline in the
1960s and the island has struggled to adapt to changing expectations. As a result of the
challenging economic climate, many young people have left the island for further
education or other employment and they have not returned, leaving a population which is
older and with more health challenges than average communities. The accompanying
supporting documentation states that the Scottish Index of Multiple Deprivation notes that
the community in Rothesay is within the cohort of the 10% most deprived communities in
Scotland.
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5.5. It is put forward that a significant proportion of all off-island trips are for leisure purposes
and an estimated £1.2M per annum is spent by residents on off-island leisure activity. 
5.6. The supporting statement explains that, in 2021, an international corporate donor, Saputo
Dairy UK, set up a Legacy Fund to support projects for the benefit of the community on
the Isle of Bute. After extensive research, two projects were identified which met the
needs of the island community and one of these projects is the subject of this application. 
5.7. The agent puts forward the following points in support of the proposal: 
▪ The Activity Centre will provide assorted opportunities for exercise for all ages,
which will have a positive effect on public health and wellbeing 
▪ The Isle of Bute needs to retain and increase its working age population if its
economy is to thrive in the future. The centre will offer training opportunities for
young people as well as local employment and the Adventure Lane CIC is already
working with Rothesay Joint Campus to identify ways to involve young people in
the setup of the facility. The applicant intends to use local contractors, suppliers,
and businesses where possible 
▪ The proposal will create increased spending within the community by both locals
and tourists 
▪ When the refurbished Rothesay Pavilion building reopens, the Activity Centre will
offer complementary but different experiences to help attract visitors to the island
for longer stays 
5.8. It is considered that the above points demonstrate that the proposal has been formulated
by engaging with the community as to the type of facilities that are needed; by identifying
a project that will create employment and result in expenditure being retained on the
island; and by providing a centre that will enhance the tourist experience and attract more
visitors to Bute. 
5.9. On the basis of the foregoing, the proposed development is considered to accord
with NPF4 Policies 21, 25, 27, 29 and 30 and LDP2 Policies 23, 25 and 49 as listed
in Section (J) of this report. 
6. Impact on Residential Amenity 
6.1. LDP2 Policy 14 seeks to 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; emissions including dust, smoke, soot, ash,
dirt or grit or any other environmental pollution to water, air, or soil; and light pollution or
flicker. In certain circumstances, it may be possible to mitigate adverse impact upon
neighbouring amenity by restrictions placed upon the proposed development via planning
conditions or legal agreements. 
6.2. There are residential properties adjoining the site on the same side of Castle Street and
there are also dwellings on the opposite side of the road. The Environmental Health
Service has been consulted and has recommended conditions and informative notes in
respect of a number of matters, including external lighting, noise management, the
collection, treatment and disposal of cooking odours, etc.  It is considered that the use of
appropriately worded conditions and informative notes relating to other matters would
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successfully mitigate any potential adverse impact upon neighbouring amenity arising
from the proposed development. 
6.3. On the basis of the foregoing and subject to suitably worded conditions and informative
notes, the proposed development is considered to accord with LDP2 Policy 14 as
listed in Section (J) of this report. 
7. Impact on Parking and Local Road Network 
7.1. NPF4 Policy 13 generally 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”. 
7.2. More specifically, NPF4 Policy 13(b) supports developments 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, inter
alia: 
• Provide direct, easy, segregated and safe links to local facilities via walking,
wheeling and cycling networks before occupation. 
• Will be accessible by public transport, ideally supporting the use of existing
services. 
7.3. NPF4 Policy 15 seeks to “encourage, promote and facilitate the application of the Place
Principle and create connected and compact neighbourhoods where people can meet the
majority of their daily needs within a reasonable distance of their home, preferably by
walking, wheeling or cycling or using sustainable transport options.” 
7.4. More specifically, NPF4 Policy 15(a) supports developments that would contribute to local
living. To establish this, consideration will be given to existing settlement pattern and the
level and quality of interconnectivity of the proposed development with the surrounding
area, including local access to, inter alia, sustainable modes of transport such as local
public transport and safe, high quality walking, wheeling and cycling networks. 
7.5. LDP2 Policy 40 states that off-street car and vehicle parking shall be provided for
development in accordance with the car parking standards set out in Table 5 on Pages
67 and 68 of the Plan’s Written Statement. The policy refers to the limited categories of
development that will not be expected to provide off-street car parking on development
sites in identified town centre zones. In this case, the type of proposed use is not one of
the exempt categories and, although it is considered edge of town centre, the site is just
outwith the identified town centre. In these circumstances, the zero parking exemption
cannot be applied. 
7.6. As far as can be ascertained, there have never been off-street, dedicated parking spaces
associated with Trinity Church over its 180-year use as a place of worship and no spaces
are identified as part of the current application. Based upon the car parking standards in
LDP2 Policy 40, the proposal would be classed as “Leisure (other than Cinemas or
Stadia)” where 1 space per 22 square metres should be available. The size of the
premises at 630 square metres would, therefore, equate to a notional demand for 29
spaces, with three of these spaces being used for disabled parking. 
7.7. The applicant and agent have acknowledged that this is a significant issue and, for this
reason, they employed a consultant to carry out a car parking study (‘Parking Statement
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& Report’ prepared by SW Consultancy (N.I.) Ltd in September 2025). A parking
assessment was carried out to identify on and off-street provision within a 400 metre
walking distance of the site, covering 26 survey zones and 3 public car parks. The
assessment confirmed a minimum availability of 241–242 spaces at all survey times on
both a weekday and weekend, with at least 3 disabled bays consistently available. Three
additional on-street disabled bays are referred to as part of the proposal, and the findings
show that this can be accommodated. 
7.8. Supporting documentation also explains that census data highlights that Rothesay has a
significantly lower rate of car ownership compared to the national average, with
approximately 44% of households in the urban area having no access to a private vehicle.
This figure is notably higher in the town centre and in areas with higher-density tenement
housing, which align closely with the target demographic for the proposed Family
Entertainment Centre. The report argues that this context reinforces the appropriateness
of the Trinity Church site, which is centrally located and within easy walking and cycling
distance of the majority of Rothesay’s population. 
7.9. The initial response from the Roads Department in January 2026 was a recommendation
of refusal, which stated that there are currently issues with traffic flow and parking
management within the town centre, including the area where the development is
proposed.  There are also concerns that have been raised by Police Scotland regarding
traffic flow in this area and mitigation proposals will be worked on in the future. As no off-
street parking is being proposed and there is a lack of parking nearby, the proposed
development would result in an intensification of traffic and on-street parking. 
7.10. Upon receipt of these initial comments from the Roads Department, a second consultant
(Thrive Community Consultants) was engaged by the applicant and agent to submit a
‘Parking & Transport Report Addendum’ and a ‘Roads Objection Response’, both of which
were submitted to the Planning Authority at the end of April 2026. The Addendum contains
clarification on the methodology and findings of the original parking assessment;
refinement on the interpretation of parking availability to reflect realistic user behaviour;
and addressing of the concerns relating to peak demand and traffic patterns. For instance,
it was acknowledged that Mount Pleasant Road, Serpentine Road and Bishop Terrace
had limited parking and were constrained by road geometries and less formalised parking
arrangements.  Its conclusions are that the original parking assessment remains robust
and demonstrates a substantial level of available capacity within the town centre and its
parking availability does not rely on these secondary areas. When considered in the
context of realistic parking behaviour, distributed demand patterns and reduced reliance
on private car travel, the Addendum states that the proposed development would not give
rise to unacceptable parking pressure or traffic impacts. 
7.11. The Roads Department have considered all of the supporting information that has been
submitted and their recommendation remains one of refusal. Their reasoning for this
recommendation is set out in the following paragraphs. 
7.12. The ‘Parking & Transport Report Addendum’ submitted in April 2026 by Thrive
Community Consultants in response to the initial refusal recommendation seeks
agreement to no off-street parking spaces on the basis of the active travel plan that has
been devised and that any required customer vehicles can be accommodated in existing
on-street parking and car parks. It is the position of the Roads Department that the
available parking spaces are for use in association with every activity, premises and
residential building in the area. Using these spaces in conjunction with the proposed
activity centre would lead to an overall increase in traffic flow and congestion. 
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7.13. The Addendum states that there is ‘a substantial level of available capacity within the
town centre’. On review, the Roads Department does not believe that this assessment
shows an availability of parking but, in a number of instances, it shows a lack of parking
availability. The existing provision is stated as including three car parks: 
• Albert Pier Car Park – the original survey states that this car park has capacity for
25 cars and within the survey it has limited capacity. Roads confirm that it is
frequently over-subscribed (as recorded in the Rothesay Pavilion to Albert Pier
Active Travel Project). It will be redesigned in the future and, although this may
provide a slight rise in the number of parking spaces, it is unlikely to accommodate
an increased demand 
• Guildford Square Car Park – the addendum states this car park has capacity for
34 cars and within the survey it has some capacity at all times ranging from 4 to
10 spaces. However, roads consider that this capacity has already been taken into
account as ‘parking provision’ for another Planning Permission (ref: 23/01007/PP)
at the former Bute House Hotel and, as such, this runs the risk of double-counting
parking provision 
• East Princes Street slipway – the addendum states this car park has capacity for
16 cars and within the survey it was at capacity most of the time. Roads state that
it is not a car park but is on-street parking. It is generally well used and not able to
accommodate any intensification 
7.14. In terms of Roads Department comments in relation to on-street parking, there is some
agreement over the lack of spaces within Castle Street, where the proposal is located,
but the following concerns are raised in relation to places that are listed as having capacity
for on-street parking: 
▪ Bishop Terrace – the addendum states this street has capacity for 20 cars and
frequently has capacity for around 10 to 12 spaces and increasing on a Saturday
to around 16 spaces.  Roads consider this is a residential cul-de-sac with no
turning area/turning head.  It is bounded on one side by property with a large verge
on one side, parts of the verge have been converted to parking but this has been
done for the benefit of residents, not visitor parking for commercial premises 
▪ Mount Pleasant Road – the addendum states this street has capacity for 30 cars
and frequently has capacity of around 10 spaces during the week and a Saturday.
Roads consider this to be a congested residential street and unlikely to be suitable
for redirecting traffic. The road is nominally two-lane but one side is already largely
taken up by parking, effectively reducing the route to single lane with limited
options for give and take 
▪ Springfield Place - this is a private road/development 
▪ Store Lane – the addendum states this street has capacity for 7 cars and
frequently has capacity for around 4 spaces and increasing on a Saturday to
around 5. However, Roads states this would not be suitable to encourage traffic
given the nature of the road onto and to increase traffic through this street 
▪ Watergate – the addendum states this street has capacity for 7 cars and frequently
has capacity for 1-2 spaces and increasing on a Saturday. Roads consider that
this would not be suitable due to its narrow width and even small vehicles park
almost scraping the kerb. Increased usage would likely obstruct traffic flow
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7.15. The Roads Departments comments continue by highlighting that, with regard to parking
capacity, a level of 85% occupancy is generally the figure used in parking provision to
identify where capacity reached.  At this level, additional parking generates traffic, circling,
hold-ups, etc. The report highlights this occurrence in several places: East Princes Street,
Bishop Street, West Princes Street, Stuart Street and, most importantly, Castle Street
where the development is proposed. It is accepted that drivers generally park as close as
possible to an attraction/service.   
7.16. One of the key arguments in the applicant’s supporting information is that the previous
use of the site as an active church had 600 plus parishioners. On this point, the Roads
Department noted the following: 
• It is possible there may have been 600 parishioners, but it is doubtful that this was
the number of those who attended the weekly Sunday service 
• Even accepting these numbers, this would be on one day of the week and would
not have a continuous use or impact on parking and traffic 
• Sunday also tends to be the day with reduced traffic and so the use as a church
would have, in the opinion of the Roads Department, a much lower impact than
the proposed venue 
• Noting the above, the Roads Department is anecdotally aware that its use as a
church did cause concerns – particularly around dangerous or irresponsible
parking 
7.17. The Roads Department acknowledge that parking requirements may be reduced within
town centres where there is good public transport provision (referring to the Argyll & Bute
Council ‘Roads Technical Development Guidance’ (RTGD)). The applicant’s Active Travel
Plan provides details on public transport links and promotion of walking and cycling. It is
noted that the bus service within Bute is limited in the evenings, with the town centre
services finishing at 6 p.m. While the RTGD allows parking requirements to be reduced,
the request in this case is being made that parking requirements should be removed
completely. As there is no off-street capacity and limited on-street availability, the Roads
Department do not find this to be acceptable. 
7.18. The concluding points from the Roads Department are that they consider that neither
the nearest local public car parks nor the streets surrounding the application property are
able to accommodate the increase in demand for parking that would result from the
proposed development. Further to this, their concern remains that the impact arising from
the lack of parking provision would be detrimental to road safety, traffic management and
parking within Rothesay. 
7.19. The concerns of the Roads Department are acknowledged and this issue requires to be
considered carefully. In the narrative associated with LDP2 Policy 40, Paragraph 6.24
states that, “in the Main Towns, there is an acceptance that zero parking provision can be
appropriate for certain categories of developments. This is justified on the basis that some
types of development are able to function effectively within these central areas without
requiring on-site parking, relying instead on central area public car parking provision and
the availability of public transport services.” 
7.20. When assessing change of use applications, it is a key material consideration to take
into account the existing use. It is important to note that this Church has never had off-
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street parking and cannot accommodate it. Information submitted in support of the
application explains that extensive research into the usage of the church and the
corresponding visitors with cars has been carried out by the applicant/agent. It mentions
that the church could accommodate 650 persons and it estimates that the weekly Sunday
Service had 60 parishioners whilst funerals could have between 120 and 650 mourners
(the frequency of funerals was more than every week in the final year prior to the building’s
closure). For the events held at Trinity Church for decades, traffic would generally be
arriving, parking and leaving at the same time. 
7.21. The proposed maximum capacity of the new centre will be 200 people and these will
mainly arrive on foot / wheels / bikes and scooters in line with Argyll and Bute Active
Travel Campaign. Due to the nature of the proposed booking system, the visitors to the
site will be spread uniformly throughout the day between the hours of 9.00 and 21.00
Monday to Sunday. As such, there will not be periods with large groups of people arriving
by car. This capacity is, therefore, significantly less than the previous use and the
departures and arrivals are dispersed throughout the week rather than being concentrated
to one day. 
7.22. The site has lawfulness as a Class 10 (Non-Residential Institutions) use under the Town
and Country Planning (Use Classes) (Scotland) Order 1997 (as amended). The following
uses could be carried out without the need for Planning Permission: as a crèche, day
nursery or day centre; for the provision of education; for the display of works of art
(otherwise than for sale or hire); as a museum; as a public library or public reading room;
as a public hall or exhibition hall; and as a law court. 
7.23. As no Planning Permission would be needed for the introduction of the above uses,
there would be no element of control by the Planning Authority in terms of the number of
people arriving and their mode of travel. 
7.24. The applicant’s Active Travel Plan contains a number of elements (e.g. the
implementation of the booking system, the provision of clear and accessible travel
information at the point of booking and prior to arrival, the offering of incentives to
encourage sustainable travel choices, the formation of cycle parking at the site, etc.) and
conditions can be used to secure the Active Travel Plan and in turn control the numbers
of people in the venue at one time and the opening hours. 
7.25. On examining the parking survey it is clear there is on-street parking capacity close to
the facility, in particular High Street (Zone 11) has capacity for 63 cars and there are
always spaces on both weekdays and weekends for around 15 to 20 cars on average.
King Street (Zone 15)  is also highlighted as having capacity of around 10 spaces on
average. 
7.26. It is agreed that the location of this proposed development, even though not in the town
centre, is very close to sustainable transport including the ferry terminal which is within 2
minutes walk and a minute cycle of the facility. In addition, most of the local hotels/guest
houses are within a 15-minute walk. There are two bus stops on the same street as the
development. The aspirations that are inherent in NPF4 Policy 13 and Policy 33 of LDP2
highlight the importance of walking, cycling and proximity to public transport links. The
agent has advised that storage space for four bicycles together with e-bike charging could
be accommodated in part of the ground floor of the building and this can be achieved by
condition. 
7.27. It is also noted that there are significant constraints associated with the provision of off-
street parking within the site. The desirability of retaining the existing front boundary walls
and forecourt levels as being integral to the listed character of the building make the
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introduction of off-street accessible parking both technically challenging and undesirable
in conservation terms, particularly given that one of the stated aims of the project is to
keep as much of the original character of the property as possible. Instead, the intention
is that provision would be made through the creation of additional on-street disabled
parking bays adjacent to the entrance and negotiations would be undertaken with the
Roads Department to include the identification of three disabled parking bays. 
7.28. The Department acknowledges the points made by the Roads Department and, indeed,
similar concerns were expressed to the applicant regarding the capacity within nearby
streets and in the car parks. However, the property is a Category B Listed Building and is
currently not being used. There are particular difficulties in finding alternative uses for
large ecclesiastical buildings such as Trinity Church. In addition, there tend to be high
maintenance costs associated with the historic nature of this type of building. The
objective of bringing the property back into viable use and avoiding it becoming derelict
through a lack of maintenance might not be sufficiently robust on its own to justify
departing from the car parking requirements but it does make a contribution to preparing
a compelling case. 
7.29. In bringing together the points made in Sections 7.20 to 7.28 above, the following
material considerations are considered to cumulatively represent a robust case in
justifying the proposal as a minor departure from LDP2 Policy 40: 
• Trinity Church is a Category B Listed Building and one of its key features is the
quality of the boundary treatment of the frontage onto Castle Street, comprising
the low-coped stone wall; the panelled gate piers flanking the central entry; and
the pyramidal caps surmounted by decorative cast-iron lamp standards. The
provision of off-street parking would result in the loss of this feature to the
detriment of the townscape of this part of the Rothesay Conservation Area 
• It is understood that, due to there being no areas of vacant land in the applicant’s
ownership, there are no options for providing off-street parking in relation to the
proposed development 
• The parking surveys submitted as part of the application identify that there is on-
street parking capacity exceeding the notional demand of 29 spaces close to the
facility, in particular High Street (Zone 11) has capacity for 63 cars and there are
always spaces on both weekdays and weekends for around 15 to 20 cars on
average. King Street (Zone 15) is also highlighted as having capacity of around 10
spaces on average. 
• The capacity of the proposed use is 200 people, which is significantly less than
the existing use as a church which is 600 people 
• The lawful use of the site is as a Class 10 Non-Residential Institution and the other
uses that could be introduced under this classification without the need for
Planning Permission have the potential to generate relatively large numbers of
movements. In the absence of permission being required, the Planning Authority
would have no mechanisms by which to mitigate the impact of these uses 
• The Active Travel Plan has a number of measures to control the arrivals and
departures and overall capacity at any one time and this Travel Plan can be
secured by condition thereby providing a degree of influence on travel methods
and limitation on car usage 
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• The site is also well served by sustainable transport options, including adjacent
bus stops and the main bus terminal at Guildford Square where most residents
will arrive and depart at Rothesay, a nearby taxi rank, the ferry terminal (the source
of one of the key target market), and safe pedestrian routes with dedicated
crossing points 
• The aspirations inherent in National Planning Framework 4 where development
proposals which are ambitious in terms of low/no parking will be supported,
particularly in urban areas that are well served by sustainable transport modes 
8. Infrastructure, Water Management and Waste Facilities 
8.1. NPF4 and LDP2 policies seek to ensure that, wherever possible, developments should
connect into publicly adopted water and wastewater systems. They support proposed
developments that would not increase the risk of surface water flooding to others or be at
risk themselves and they advocate that all rain and surface water should be managed
through sustainable urban drainage systems (SUDS).  
8.2. Water supply and foul drainage will be by means of the existing connections to the publicly
adopted network. The consultation response from Scottish Water does not highlight any
particular issues with these proposed arrangements but advises that further investigations
may require to be carried out should any formal approaches be made to them by the
developer in the future. On this basis, officers are satisfied in principle that there are no
known constraints in respect of public water and sewage infrastructure. 
8.3. In terms of potential flood risk, parts of the application site are shown on the SEPA Future
Flood Maps as being at risk from surface water flooding. However, the proposal principally
relates to the change of use of existing buildings with relatively minimal external works
(small link between the church and the rear hall; new covered terrace on the rear hall;
and outdoor play equipment in rear curtilage). As such, it is arguable whether the
development would increase the risk of surface water flooding to others, or itself be at
risk. In these circumstances, a precautionary approach is advocated whereby a condition
is recommended that seeks details of a Sustainable Urban Drainage System (SuDS) for
the any hardstanding areas. 
8.4. NPF4 and LDP2 policies require that commercial developments make effective provision
for the storage, recycling, composting (where appropriate), separation and collection of
waste from within the site or when appropriate, from an appropriate roadside or other
specified collection point or points (for onward reuse and recycling). 
8.5. In terms of the storage of waste, Drawing No. 1473_102 Rev C ‘Proposed Block Plan’
identifies an area for the siting of bins along the westernmost boundary of the site and
finalised details of this arrangement will be secured via a condition. 
8.6. On the basis of the foregoing, and subject to suitably worded conditions, the proposed
development is considered to accord with NPF4 Policies 12 and 22 and LDP2
Policies 55, 60 and 63 as listed in Section (J) of this report. 
9. Archaeology 
9.1 NPF4 and LDP2 policies presume in favour of retaining, protecting, conserving and
enhancing the existing archaeological heritage. They explain that, where there is potential
for non-designated buried archaeological remains to exist below a site, developers should
provide an evaluation of the archaeological resource at an early stage so that Planning
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Authorities can assess impacts. Historic buildings may also have archaeological
significance which is not understood and may require assessment. 
9.2 In this particular case, the West of Scotland Archaeology Service (WoSAS) have advised
that the church falls within the area of increased archaeological sensitivity associated with
the probable core of early settlement at Rothesay. Although the current church building
dates from 1843-45, it occupies a site that is likely to have been in use before this date
and the fact that the site is shown as being developed in the mid-18th century would
suggest that there would be some potential for ground disturbance in this area to produce
sub-surface archaeological material relating to occupation from this period, and potentially
extending back to earlier phases in the development of the town. 
9.3 WoSAS have explained that, based on various factors, the section of the site with the
greatest potential to produce significant archaeological material would likely be along the
street frontage. However, the supplied plans suggest that no substantial ground
disturbance would take place in this part of the site. 
9.4 Most ground disturbance associated with the proposal would take place towards the rear
of the church building, to create the link extension to connect it to the former church hall,
and in the ground around the hall for the installation of the various pieces of outdoor play
equipment. Given that the amount of this ground disturbance appears likely to be
reasonably limited, WoSAS accept that, on balance, the potential for this proposal to
encounter and remove significant sub-surface archaeological material is likely to be too
low to warrant a programme of archaeological work. 
9.5 On the basis of the foregoing, the proposed development is considered to accord with
NPF4 Policy 7(o) and LDP2 Policy 21 as listed in Section (J) of this report. 
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Elmlea
67
Cross
59
1 to 4
27
21
2.7m
B 881
Courthouse
Car Park
26
30
38
9
11
2 to 8
15
PH
Garage
3
12 14 16
30
37
15
PW
2
Cowal View
82
1 to 15
76
SPRINGFIELD PLACE
to
57
65
55
49
45
Public
11
6
9
32
1a
PLEASANT
ROAD
11c
3
1a
3
PH
15 17
9
24
23
1 to 14
12
2 to 8
25
13
1
PH
HIGH
STREET
CHURCH
1
1 to 4
113 to 107
95
53
11
10
30
12
CASTLE STREET
MOUNT
19
Eaglesham
Terrace
DRIVE
Court
20
20.1m
1
28.7m
W
ATERGATE
21
5 to 9
18
10
14
(Garage)
3
135
Leisure Centre
Bute
121
3
105
71a
81
7
55
9.1m
W
Moat
41
Bank
CASTLEHILL
Park
6
9
17 19
7
25
49
15
28
7
34
Rothesay
Trinity
PLEASANT
1
To22
24 26
20
23
1 to 7
MOUNT
4 to 7
ESS
Rowanlea
RUSSELL STREET
STUART
2
72
123
61
Rear of
Club
Factory
DW
Castle
43
32
13
15
31
PH
24
5
40
30
17 15
1 to 37
Church 34
16
11a
5
Park
PH
6
15
28
35
31
27
LB
4
Skeoch View
27.1m
133
LANE
4
Library and Museum
Station
103
BROADCROFT LANE
51
MONTAGUE STREET
47
28
PH
45
1
8
11
39
6
37
20 18
10
22
24
Trinity
29
11
El Sub Sta
1
BISHOP TERRACE
Beechlea
10 to 24
78
B 878
STREET
68
115
97
5
Bute Yard
55
STREET
Posts
51
21 23 25 27 19
36
2
1
Car
21 23
22 26
STORE
LANE
Court
26
10.7m
WEST PRINCES STREET
19 21
17
to 131
125
8
74
70
Police
to
PH
FB
36
23
47
The Old
13
7.3m
2a
28
11b
6 Morningside
7
Elderslie
Council Offices
7
16
Health Centre
33
BISHOP
STREET
2
8 to 12
Path
© Crown Copyright and database right 2025
All rights reserved. OS license (customer) account number AC0000849384
Location Plan relative to: 25/01690/PP
O
0 30 6015 Meters
Application Site
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Page 109

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.
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© Crown Copyright and database right 2025
All rights reserved. OS license (customer) account number AC0000849384
Location Plan relative to: 26/00047/PP
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0 10 205 Meters
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Argyll and Bute Council
Development and Economic Growth 
PROPOSAL OF APPLICATION NOTICE 
____________________________________________________________________________  
Reference: 26/00986/PAN 
Applicant: Ladyfield Renewable Energy Park Ltd  
Proposal: Proposal of application notice for the installation and operation of approximately
3.2KM of underground electrical and telecommunications cabling and associated
temporary works required to connect the Ladyfield Renewable Energy Park to the
SSENT Creag Dhubh Substation. 
Site Address: Land Between Ladyfield Renewable Energy Park and Creag Dhubh substation
Approximately 8KM North of Inveraray
____________________________________________________________________________ 
1.0 BACKGROUND 
The submitted Proposal of Application Notice (PAN) is for the installation and operation of
approximately 3.2KM of underground electrical and telecommunications cabling and associated
temporary works required to connect the Ladyfield Renewable Energy Park to the SSEN Creag
Dhubh Substation currently under construction by SSEN. 
Members are requested to note that a planning application is required in this instance as the
applicants do not have permitted development rights as a statutory undertaker in respect of
Electricity Undertakings under Class 40 of the GPDO. 
The electrical cabling will comprise 33kV infrastructure installed underground within a trench
typically approximately 1.2m in width and buried at a depth of approximately 1.0-1.2m below
ground level. Telecommunications cabling will also be installed in the same trench. The
installation of the cabling will involve trench excavation, cabling laying, backfilling and restoration
of the disturbed ground. 
Ladyfield Energy Park was granted S36 Consent by the Scottish Ministers on 02.05.2025. This
comprises up to 13 wind turbines anticipated to generate around 58.5 megawatts (“MW”), and a
battery electricity storage system (“BESS”) of around 41.4MW capacity.  For general information
the Planning Authority raised no objection to this proposal.  A link to the company’s website in
respect of the project which contains general information relating to the approved S36 Energy
Park and the proposed grid connection which this PAN relates to is provided below. 
Ladyfield Renewable Energy Park 
The submitted PAN notice took effect from 09.06.2026 from which a minimum of 12 weeks must
elapse prior to the submission of a formal application for planning permission. The proposed
public consultation strategy set out in the PAN to undertake appropriate notifications and hold
four public consultation events is considered to be acceptable and in accordance with the PAN
regulations. As there was no PPSL in July the PAN is being reported to August PPSL. 
The Council has also recently undertaken an EIA screening for this proposal under REF
26/00852/SCREEN. It was the view of Officers that no EIA was required. 
2.0 SITE DESCRIPTION
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The site comprises a linear area of land between the boundary of the Ladyfield Energy Park site
and the Creag Dhubh substation. The underground cable will generally follow the line of the A819  
and then branch off to the northwest at an appropriate point to connect to the substation. The
intention of the applicant is to run the cable a close to the line of the road as possible. 
The Proposed Development is located within both public highway and a rural area of Argyll and
Bute characterised by upland moorland and forestry areas. It’s anticipated that the area of works
will be approximately 12m in width and the boundary to be used for planning refined accordingly.
The Proposed Development is linear, located approximately 8km north of Inveraray, between
National Grid Reference (NGR) 209092, 716491 and NGR 208806, 719448 (the Site). 
The cabling would be installed in the public highway verge, where feasible, in a northerly direction
for approximately 1.9km. Where verge installation is not possible, installation would take place
within the carriageway itself. After approximately 1.9km, the cabling would leave the A819 corridor
and run northwest across upland / commercial forestry land for approximately 1.3km before
connecting into the Creag Dhubh Substation. 
Some tree felling may be required, although this is likely to be minimal as works will utilise the
existing access tracks and previously sterilised land where possible. 
Construction within the public highway corridor will require the implementation of traffic
management measures, likely including temporary two-way traffic signals to maintain access in
both directions. A temporary working area around the cabling trench will be required. Construction
within the forestry / upland area will be facilitated by utilising the existing forestry tracks, and
temporary tracks where forestry tracks are not currently present. 
Land uses along the route include public highway infrastructure associated with the A819,
commercial forestry and areas of rough grazing. The Site lies within a sparsely populated area
with limited residential receptors, with the nearest being North Tullich, approximately 500m from
the Proposed Development. The northern section of the Site lies within the North Argyll Area of
Panoramic Quality, a designated local landscape, while a portion along the A819 corridor is
situated adjacent to the Glen Etive and Glen Fyne Special Protection Area (SPA) to the east. 
3.0 DEVELOPMENT PLAN POLICY 
These PAN submissions are not a planning application and therefore do not require to be
evaluated and determined in accordance with Section 25 of the Planning Act against the
Development Plan at this stage.  However, a number of Development Plan Policies will inform the
assessment of any future detailed application. The relevant policies are set out below: 
LDP 2 
Spatial and Settlement Strategy 
Policy 02 – Outwith Settlement Areas 
High-Quality Places 
Policy 09 – Sustainable Design
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings
Policy 17 – Conservation Areas
Policy 19 – Scheduled Monuments
Policy 20 – Gardens and Designed Landscapes
Policy 21 – Sites of Archaeological Importance 
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Diverse and Sustainable Economy 
Policy 22 – Economic Development
Policy 30 – The Sustainable Growth of Renewables 
Sustainable Communities 
Policy 55 – Flooding
Policy 57 – Risk Appraisals
Policy 58 – Private Water Supplies and Water Conservation
Policy 59 – Water Quality and the Environment
Policy 63 – Waste Related Development and Waste Management 
High-Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 74 – Development Impact of Sites International and National Importance
Policy 78 – Woodland Removal
Policy 79 – Protection of Soil and Peat Resources
Policy 80 – Geodiversity 
National Planning Framework 4 
This is a statutory Plan for the purposes of determining Planning Applications under Section 25
of the Planning Act and therefore NPF 4 Policies will also have to be considered in the
determination of any future planning application. 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 11 – Energy 
Liveable Places 
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 24 – Digital Infrastructure 
Productive Places 
NPF4 Policy 25 – Community Wealth Building
NPF4 Policy 29 – Rural Development 
4.0 POTENTIAL MATERIAL CONSIDERATIONS 
Material considerations include: 
• Statutory/Non-Statutory Consultee Comments/
• Third Party Comments
• Comments from Area Roads Manager in respect of the potential impacts on the  operation of
the A819 will be of particular importance in respect of considering and future proposals and a
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Construction Traffic Management Plan will be required. (It is noted and welcomed that this
matter has already been recognised by the applicants in their screening submissions). 
5.0 CONCLUSION 
This report sets out the information submitted to date as part of the PAN. Summarised are the
policy considerations, against which any future planning application will be considered as well as
potential material considerations. The list is not exhaustive, and further matters may arise as and
when any planning application is received, and in the light of public representations and
consultation responses. 
Officers are content that the steps set out within the PAN are acceptable and in accordance with
the necessary community engagement requirements. 
6.0  RECOMMENDATION 
That Members have regard to the content of the report and submissions and provide such
feedback as they consider appropriate in respect of the submitted PAN to allow these matters to
be considered by the Applicant in finalising any future planning application submissions. 
Author of Report: David Moore  Date: 27.07.2026 
Reviewing Officer: Sandra Davies  Date: 28.07.2026 
Fergus Murray
Head of Development & Economic Growth 
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© Crown Copyright and database right 2025
All rights reserved. OS license (customer) account number AC0000849384
Location Plan relative to: 26/00986/PAN
O
0 430 860215 Meters
Application Site
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