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Notice_of_Review-redacted

Argyll and Bute Council · 14 October 2026
Back to Argyll and Bute Local Review Body — 14 October 2026 and its agenda

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Central Validation Team at Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD  Tel: 01546 605518  Email:
planning.hq@argyll-bute.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100755560-005
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Mrs
Faye
Preston-Smith Crarae Furance
Braigh Bhaile
PA32 8YA
United Kingdom
INVERARAY

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Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
43A CASTLE STREET
Change of use from residential to commercial use, to allow for use of the flat as a short term let. The STL licence has been
approved, but was advised for the need to apply for change of use. It is currently a private, unoccupied residential flat. This is for
43A Castle Street, the first floor flat with sole private entrance and private garden at the rear. The flat is accessed from the street
via a shared passage to the rear, with private steps to the entrance on the first floor.
Argyll and Bute Council
PORT BANNATYNE
ISLE OF BUTE
PA20 0NB
667218 207164

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What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
Non-determination of Planning Application 26/00888/PP by 4 August 2026. Please see separate documents in the 'Supporting
Documents' section. Clarification of property address - for the avoidance of doubt, this application relates to 43A Castle Street, the
first-floor/upstairs flat at 43 Castle Street (Flat 1/1). There appears to be an administrative error on the planning portal ('ground
floor/1') which I have asked them to correct. No change to the application is sought as part of this review.
1. STATEMENT OF REASONS FOR NOTICE OF REVIEW 2. EMAIL CORRESPONDENCE WITH PLANNING OFFICER
26/00888/PP
22/05/2026

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Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mrs Faye Preston-Smith
Declaration Date: 14/08/2026
Fee Exemption Reason
This is an appeal or request for local review and is not subject to a fee

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Statement of Reasons for Notice of Review - application 26/00888/PP                                                Page 1 of 4
STATEMENT OF REASONS FOR NOTICE OF REVIEW 
Non-determination of Planning Application 26/00888/PP
Application reference 26/00888/PP
Property 43A Castle Street, Port Bannatyne, Isle of Bute, PA20
0NB 
[also known as First-floor (upstairs) flat, Flat 1/1, 43
Castle Street]
Proposal Change of use of the flat from residential to
commercial for short-term letting
Ground of review Non-determination 
1. Introduction and basis of review 
I request a review by the Local Review Body on the grounds of non-determination of planning application
26/0088/PP for the change of use of the existing three-bedroom residential flat to a short-term holiday letting unit.
The application was submitted on 22 May 2026 and validated on 4 June 2026. 
The Planning Officer confirmed the statutory determination period for the application expired on 4 August 2026 and
thereafter I would be entitled to seek a review on the grounds of non-determination. 
I respectfully request that the Local Review Body now considers the application on its merits and grants planning
permission, subject to any reasonable and necessary planning conditions it considers appropriate. 
2. Reason for the application remaining undetermined 
In correspondence, the (commendably helpful) Planning Officer explained that the Council had decided to undertake
a public consultation concerning both the possible introduction of Short Term Let Control Areas in certain Housing
Market Areas and a proposed policy for determining planning applications for short-term lets both inside and outside
any future Control Area. 
I was subsequently informed that applications for the change of use of existing residential properties to short-term
lets were being held in abeyance pending this process and that the Department was therefore not in a position to
fully assess my application at that time. 
I was asked to agree to extend the determination period until 30 September 2026. I declined to do so. 
My reason for declining was not an unwillingness to engage with the Planning Authority. I have responded fully to
the matters raised by the Planning Officer throughout the application process. Rather, I was concerned that the
proposed policy remained subject to public consultation, with no certainty as to when or in what form it would
ultimately be adopted, while a statutory planning framework already existed against which the application could be
assessed. 
I subsequently wrote to the Planning Officer asking whether there was a particular reason why my application could
not be assessed and determined against the development plan and planning policies currently in force, together with
any other material planning considerations applicable to the application. I also asked whether there was any prospect
of the application being determined under the current planning framework rather than remaining in abeyance
pending adoption of the proposed policy. I did not receive a response to that correspondence before the statutory
determination period expired.

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Statement of Reasons for Notice of Review - application 26/00888/PP                                                Page 2 of 4
3. Existing planning policy provides a framework for determining the application 
The application is capable of being assessed under the planning framework currently in force, including National
Planning Framework 4, Policy 30, and the relevant provisions of Argyll and Bute Local Development Plan 2,
including Policy 23. 
NPF4 Policy 30(e) provides that proposals for the reuse of existing buildings for short-term holiday letting will not be
supported where the proposal would result in: 
1. an unacceptable impact on local amenity or the character of a neighbourhood or area; or
2. the loss of residential accommodation where such loss is not outweighed by demonstrable local economic
benefits. 
I respectfully submit that the proposal does not result in either form of unacceptable impact and that, considered on
its individual merits, it is compatible with the relevant development plan policies. 
The Scottish Government’s planning guidance for short-term lets makes clear that each planning application should
be considered on a case-by-case basis, having regard only to material planning considerations relevant to that
particular application. 
4. Residential amenity and character 
The proposed use would remain residential in its physical character. The application does not involve any extension
or external alteration to the property and would not materially alter the appearance of the building or surrounding
area. 
The property is a three-bedroom flat within an existing block of six flats. Only one representation objecting to the
application was received during the statutory consultation period, principally concerned with short-term letting as a
form of tenure/use generally. This objection did not identify any existing or anticipated site-specific issues relating to
this particular proposal. 
Appropriate management of the property as short-term accommodation can ensure that the use does not result in
unacceptable effects on neighbouring residential amenity. Its Short-Term Let Licence (reference AR03664F) was
granted on 13 March 2026 and provides an additional regulatory framework governing its operation. I appreciate the
STL licensing and planning departments are separate statutory regimes, and I do not suggest the grant of a licence
determines the planning merits of the application. However, it is relevant that the property has already been
considered through the Council’s STL licensing process and a full licence has been granted. 
Furthermore, the Council’s Roads Department has raised no objection to the proposal. 
I therefore respectfully submit that there is no evidence before the Local Review Body demonstrating that the
proposed use would result in an unacceptable impact upon residential amenity or the character of the area. 
5. Roads and traffic 
The Council’s Roads Department considered the application and confirmed that it had no objection to the proposal. 
Accordingly, there is no objection from the relevant Council service in relation to access, parking, traffic or road safety
which would justify withholding planning permission. 
6. Loss of residential accommodation and the particular circumstances of this property 
I recognise the importance of the housing considerations contained within NPF4 Policy 30(e), particularly in areas
experiencing pressure on the availability of permanent residential accommodation.

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Statement of Reasons for Notice of Review - application 26/00888/PP                                                Page 3 of 4 
However, I respectfully submit that the individual circumstances of this property are important. 
The flat has been vacant since April 2025, following the death of my mother-in-law who for several years resided
there permanently on her own. It is not currently providing accommodation to a permanent household and approval
of this application would therefore not result in the displacement of an existing tenant or household. 
The property was inherited by our family and, if permission for short-term letting is not granted, our intention is not
to place it into the long-term rental market. It would instead remain primarily available for our own family and
friends and is likely therefore to remain vacant for substantial periods. 
Consequently, refusal of this particular application would not necessarily return an additional dwelling to the
permanent rental housing stock. In practical terms, the comparison in this particular case is between a property
capable of being actively used as managed visitor accommodation and contributing to the local economy, and a
property which is likely to remain substantially vacant and generate considerably less local economic activity. 
I respectfully submit that this is directly relevant when considering the actual effect of the proposal and the balance
required by NPF4 Policy 30(e). 
7. Local economic benefit 
Use of the property for short-term visitor accommodation would allow an otherwise substantially vacant property to
contribute to Bute’s visitor economy. 
Visitors staying at the property would reasonably be expected to spend locally on shops, food and drink, attractions,
transport and other services. Operation of the accommodation would also generate expenditure associated with
cleaning, property maintenance and other local services. 
The proposal would therefore bring an existing property back into active economic use and contribute to the tourism
economy, while the alternative in this particular case is not necessarily its occupation as a permanent home. 
These economic benefits should be weighed against the actual, rather than hypothetical, consequences for housing
supply arising from this individual application. 
8. Emerging Council policy 
I recognise and respect the Council’s work concerning housing pressures and short-term lets. 
However, the Planning Officer advised that the Council’s decision of 24 June 2026 was to undertake public
consultation on a proposed policy and thereafter for officers to report the results of that consultation back to Council
with final recommendations. 
The proposed policy was therefore not a final adopted policy at the point at which my application fell to be
determined. 
Furthermore, Bute is not one of the Housing Market Areas proposed for designation as a Short Term Let Control
Area. The proposed Control Areas identified for consultation are Mull and Iona; Coll and Tiree; Islay/Jura and
Colonsay; and Lorn and the Inner Isles. 
I appreciate that an emerging policy may constitute a material consideration to the extent appropriate to its stage of
preparation. However, I respectfully submit that the existence of an ongoing consultation should not prevent this
application from being determined on its individual merits against the statutory development plan and other relevant
material considerations.

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Statement of Reasons for Notice of Review - application 26/00888/PP                                                Page 4 of 4
9. The existing framework remains capable of being applied 
The Council has demonstrated that short-term-let planning applications are capable of being assessed individually
under the existing planning framework. 
For example, in June 2026 the Council determined another application involving change of use to short-term letting
accommodation, with planning officers recommending approval and the Council subsequently granting planning
permission subject to conditions. 
I do not rely upon another planning decision as determining the merits of this application, which must be assessed
on its own circumstances. I refer to it simply to demonstrate that the existing development plan provides a workable
framework within which applications for short-term letting accommodation can be assessed. 
10. Consequences of continued non-determination 
The continued uncertainty is having a genuine practical and financial impact. The flat remains empty and is
generating no income while we continue to meet the costs associated with owning, maintaining and keeping the
property. 
We have engaged constructively with the Planning Authority throughout and have provided the information and
responses requested of us. We are not seeking preferential treatment or a decision based upon our financial
circumstances; we simply require the application to be determined so that we know whether we may proceed with
the proposed use or must make alternative arrangements for the property. 
Given the uncertain timescale associated with consultation upon and possible adoption of a future policy, we did not
consider it reasonable to agree to an open-ended delay in obtaining a decision. 
Conclusion 
For the above reasons, I respectfully request that the Local Review Body determines the application on its merits
rather than leaving it unresolved pending the outcome of the Council’s ongoing short-term-let policy process. 
I submit that: 
• the proposal can be assessed under the statutory development plan and planning policies currently in force;
• there is no objection from the Council’s Roads Department;
• the proposal does not involve physical alteration to the building or an unacceptable change to the character
of the area;
• the property has been vacant since April 2025 and approval would not displace an existing household;
• if permission is not granted, the property is not intended to be offered as a permanent residential tenancy
and is likely instead to remain substantially vacant;
• appropriately managed short-term use can operate without unacceptable impact upon neighbouring
amenity;
• the property has already been granted a Short-Term Let Licence and is bound by that governance;
• use as visitor accommodation would allow an otherwise substantially vacant property to contribute to Bute’s
local economy;
• Bute is not within any of the areas currently proposed for designation as a Short Term Let Control Area; and
• the proposed new Council policy remains subject to consultation and has not replaced the existing statutory
development plan. 
I therefore respectfully request that the Local Review Body allows the review and grants planning permission for the
proposed change of use, subject to any reasonable and necessary planning conditions which the Local Review Body
considers appropriate.

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