Agenda reports pack
Argyll and Bute Council · 14 October 2026
Back to Argyll and Bute Local Review Body — 14 October 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 605522 DX 599700 LOCHGILPHEAD 7 October 2026 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT TEAMS on WEDNESDAY, 14 OCTOBER 2026 at 10:00 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CONSIDER NOTICE OF REVIEW REQUEST: 43A CASTLE STREET, PORT BANNATYNE, ISLE OF BUTE PA20 0NB (REF: 26/0008/LRB) (a) Notice of Review and Supporting Documentation (Pages 3 - 24) (b) Comments from Interested Parties (Pages 25 - 42) Argyll and Bute Local Review Body Councillor Jan Brown Councillor Kieron Green (Chair) Councillor Willie Hume Contact: Hazel MacInnes, Senior Committee Officer Tel: 01546 604269 Public Document Pack
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Page 1 of 4 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 Page 3 Agenda Item 3a
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Page 2 of 4 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 Page 4
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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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Page 4 of 4 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 Page 6
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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. Page 7
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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. Page 8
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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. Page 9
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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. Page 10
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Classification: OFFICIAL STATEMENT OF CASE for Argyll and Bute Council Local Review Body Address: 43A Castle Street, Port Bannatyne, Isle of Bute Proposal: Change of use from residential to commercial use, to allow for use of the flat as a short term let Local Review Board Reference Number 26/0008/LRB Planning Application Reference Number 26/00888/PP 11th September 2026 Page 25 Agenda Item 3b
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Classification: OFFICIAL STATEMENT OF CASE The Planning Authority is Argyll and Bute Council (‘the Council’). The applicant who has sought the review is Mrs Faye Preston-Smith, Braigh Bhaile, Crarae, by Furnace, Argyll PA32 8YA (‘the appellant’). The application for Planning Permission (reference: 26/00888/PP) relates to the change of use of an upper floor residential flat to a short-term holiday letting unit at 43A Castle Street, Port Bannatyne, Isle of Bute. PROCEDURAL BACKGROUND The following are the set of dates and background to this case: • Application validation date: 4th June 2026 • Application determination date: 4th August 2026 • Consultation sent to ABC Roads: 4th June 2026 • Response from Roads received: 19th June 2026 – No objections (Appendix 1) • Comments received on 21st June 2026 from Contributor – Mr Robert Black (Appendix 2) Objection due to concerns about the rise of short-term lets and the impact on the local community spirit. • Extension of time sought from Applicant: 8th July 2026 It was explained to the appellant that no Policy position had been reached in relation to NPF4 Policy 30. • Extension declined by Applicant: 8th July 2026 • Consultation sent to ABC Policy: 4th August 2026 No response received at time of application pending. Comments were received on 10th September 2026 and are appended to this document (Appendix 3). There has been insufficient time to fully consider these comments. • The appellant submitted their Review on 17th August 2026 The application is a ‘local development’ falling within the Council's Scheme of Delegation. No extension of time was agreed between the applicant and the Council. The review was made within 3 months of the determination date of 4th August. The review is, therefore, considered competent. Page 26
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Classification: OFFICIAL DESCRIPTION OF SITE AND PROPOSAL The flat (No. 43A) that is the subject of the review is located on the upper floor of a two-storey building at Nos 41 to 43 Castle Street, Port Bannatyne, Isle of Bute. The building comprises a total of six flats – four on the ground floor and two on the first floor. It is a Category C Listed Building, having been designated in February 1998. There are two enclosed shared passageways (closes) running from the public footway on Castle Street to the rear of the building. The ground floor flats are accessed from within the passageways whilst the two upper flats (including the subject property) are each served by an external staircase. The subject property has an area of private garden located on the sloping ground to the rear of the building. The officer’s site visit photographs have been provided to Members to provide the full context of the site and surrounds (Appendix 4). The proposal is for a ‘Change of use from residential to commercial use, to allow for use of the flat as a short term let’ and there are no external or internal changes or extensions proposed to facilitate the change of use. The appellant has confirmed that the short term let use would be for holiday use and not an alternative short term let model i.e. for renting to local workers. SITE HISTORY Planning Permission (ref: 14/02021/PP) and Listed Building Consent (ref: 14/02022/LIB) were granted on 10th October 2014 for the installation of replacement windows in the six flats at Nos 41 to 43 Castle Street, Port Bannatyne. STATUTORY BASIS ON WHICH THE REVIEW SHOULD BE DECIDED Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and all other material planning considerations and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this Review. Page 27
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Classification: OFFICIAL DEVELOPMENT PLAN CONTEXT Had a Report of Handling been prepared for this application, it would have contained an assessment under the following Development Plan policies: 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 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 Productive Places 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 14 – Bad Neighbour Development Diverse and Sustainable Economy Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities Connected Places Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 63 – Waste Related Development and Waste Management Page 28
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Classification: OFFICIAL DETERMINING ISSUES The Council considers that the determining issues in relation to the case are as follows: • Whether the proposed change of use of the flat to a short-term holiday letting unit would cause an unacceptable impact on local amenity or the character of the neighbourhood or area having regard to National Planning Framework 4 Policy 30(e)(i) and Local Development Plan Policy 23. • Whether the proposed change of use of the flat to a short-term holiday letting unit would result in the loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits having regard to National Planning Framework 4 Policy 30(e)(ii) • Whether there are any other material considerations to be taken into account in the assessment of the proposal other than those stated above COMMENTS ON THE APPELLANT’S CASE A Local Review Body is generally requested to consider those cases where Planning Permission has been refused for a proposed development and, as part of its representation, the Department includes its Report of Handling in the Statement of Case. In this instance, there is no Report of Handling given that the review has been requested on the basis of the Council’s failure to issue a decision. As such, the Department’s case is presented in the form of responses to the numbered points put forward by the appellant in their Review submission, as follows: No. 1 – Introduction and Basis of Review Comment: The contents of this section of the appellant’s submission are noted. No. 2 – Reason for the Application Remaining Undetermined Comment: One of the key issues associated with the current proposal is the assessment under NPF4 Policy 30(e)(ii) as to whether the reuse of the existing as a short term holiday let will result in the loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. This particular matter has been one that has been the subject of ongoing examination by officers of the Council and, at the time of writing, no formal policy or non-statutory guidance have been decided upon. Consultation with the Development Policy Section was not carried out at the time that the application was registered and it was not until 4th August that a response was sought. Following the submission of the Review, a memorandum from the Development Policy Section containing their comments was received on 10th September (Appendix 3); Page 29
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Classification: OFFICIAL however, due to the time constraints in providing a statement on the review by 11th September, it has not been possible for the memorandum to be given the necessary level of consideration. No. 3 – Existing Planning Policy Provides a Framework for Determining the Application Comment: Officers are of the view that the majority of issues pertaining to the proposal can be assessed in the context of existing Development Plan policies. However, as referred to elsewhere in this report, full and detailed consideration of the development under NPF4 Policy 30(e)(ii) is not currently possible. No. 4 – Residential Amenity and Character Comment: NPF4 Policy 30(e)(i) does not provide support for development consisting of the reuse of existing buildings for short term holiday letting where the proposal “will result in an unacceptable impact on local amenity or the character of a neighbourhood or area”. LDP2 Policy 23 is also of relevance in that it presumes in favour of new or improved tourist facilities and accommodation where, inter alia, the proposals will “respect and integrate well with the landscape/townscape character and amenity of the surrounding area”. The flat that is the subject of the application under review contains three bedrooms and is on the upper floor of a two-storey building. Access is obtained from Castle Street firstly via a close with the main door entrance being positioned on the rear elevation up an external set of stairs. Access into the two ground floor flats immediately below the subject premises is taken from within the same close. The entrance to the close from Castle Street does not have a controlled entry system. The flat in question also has an area of private garden located on the sloping ground to the rear of the building. There are photographs of this rear area in Appendix 4 showing a drying green and patio area that overlook the rear of the flat and the neighbouring flats. Based on available records, there is no indication that the ground floor flats are second homes, or vacant/empty homes, or short-term lets; indeed, they are understood to be owned and rented out by Fyne Homes. As such, it is reasonable to conclude that they are permanent residences. Castle Street is predominantly residential in character with available records indicating that there are only ten second homes and six empty homes (including the review site) in a street that goes from No. 1 to No. 67 and that contains many flatted properties. The STL licence for the flat in question allows for use by eight persons and this exceeds the number of occupants that one would normally associate with a three- bedroomed flat. Page 30
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Classification: OFFICIAL The property is accessed via a common entrance shared with other residential properties and, therefore, its use as an STL would introduce an increased frequency of pedestrian movements through the shared entrance. This use would result in visitors arriving and staying at the premises for relatively short periods of time on a regular basis throughout the year in a manner that would be markedly different from the pattern of movements associated with permanent residents. There is no guarantee that guests would not come and go frequently throughout the day and night, and transient visitors may have less regard for the amenity of neighbours than individuals using the property as their principal home. The availability of the garden as an external space for congregation and the number of people in the flat potentially able to use this area (up to eight) is also likely to be of detriment to the adjoining properties. The additional servicing associated with operating a property as an STL compared to that of a residential use is also likely to result in an increase in disturbance, further impacting on neighbouring amenity. However, it is acknowledged that this would have a lesser effect as it is likely that servicing would be conducted during the daytime. Details surrounding the management of the property as an STL have been provided; however, only limited regard can be given to this. The operator is unable to have complete control over the behaviour of guests as there is no full-time, on-site management presence. The activity and noise generated by the proposed use would be significantly different than that which neighbouring permanent residents living within the building could reasonably expect and, consequently, the proposed use will have a significant detrimental effect on their living conditions and amenity. In view of the foregoing, had a Report of Handling been prepared for the application, it would have contained the conclusion that the proposal is contrary to NPF4 Policy 30(e)(i) and LDP2 Policy 23 on the grounds that it would have a significantly adverse impact on the amenity of neighbouring properties and on the residential character of this part of Port Bannatyne. It would also not have met the requirements of LDP2 Policy 14 Bad Neighbour Development. No. 5 – Roads and Traffic Comment: LDP2 Policy 40 sets out the parking standards to be applied in association with new developments. In this case, there is no off-street parking dedicated to the flat in question and none is proposed as part of the application. The number of bedrooms in the flat will not increase and the Roads Department has not expressed any concerns in relation to the continuing use of on-street parking in association with the proposed use of the property. As such, there are no objections to the proposal in the context of LDP2 Policy 40. Nos. 6 and 7 – Loss of Residential Accommodation; The Particular Circumstances of this Property; and Local Economic Benefit Comment: Please see comment on No. 2 above. Page 31
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Classification: OFFICIAL No. 8 – Emerging Council Policy Comment: At the meeting of the full Council on 24th June 2026, Members agreed that officers should undertake a public consultation on introducing Short Term Let Control Areas and on the proposed policy contained in the Committee report for use in determining planning applications for the use of dwellings as Short Term Lets both inside and outside of the proposed Short Term Let Control Areas. The public consultation exercise has not yet commenced and, therefore, it is not possible to give this matter any weight in reaching a decision on this review. No. 9 – The existing framework remains capable of being applied Comment: Please see comment on No. 3 above. No. 10 – Consequences of continued non-determination Comment: The contents of this section of the appellant’s submission are noted. CONCLUSION Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made in accordance with the development plan unless material considerations indicate otherwise. Notwithstanding the lack of certainty set out above in assessing the proposal under NPF4 Policy 30(e)(ii), officers are of the opinion that an appropriate consideration of the development can be carried out in the context of NPF4 Policy 30(e)(i) and LDP2 Policy 23. Having regard to the comments in Point No. 4 above, officers would have concluded that the proposal contravened NPF4 Policy 30(e)(i) and LDP2 Policies 14 and 23 for the following reason: The proposal, by virtue of the means of access to the flat through a shared passageway off of which are two ground floor units, the noise resulting from the excessive number of pedestrian movements associated with the short term letting use and the relatively sizeable area for outdoor congregation in close proximity to neighbouring properties, is contrary to NPF4 Policy 30(e)(i) and LDP2 Policies 14 and 23 on the grounds that it would have a significantly adverse impact on the amenity of neighbouring properties and on the residential character of this part of Port Bannatyne. Page 32
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Classification: OFFICIAL APPENDED DOCUMENTS • Appendix 1 - Argyll and Bute Council Roads Consultation Response dated 19th June 2026 • Appendix 2 - Comments received on 21st June 2026 from Contributor – Mr Robert Black • Appendix 3 - Argyll and Bute Council Development Policy Team Consultation Response dated 10th September 2026 • Appendix 4 – Site Visit Photographs dated 19th June 2026 Page 33
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Classification: OFFICIAL Appendix 1 – Roads Consultation Response 19.06.2026 Page 34
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Classification: OFFICIAL Appendix 2 – Contributors Comments 21.06.2026 Page 35
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Classification: OFFICIAL Appendix 3 - Policy Consultation Response 10.09.2026 Argyll and Bute Council Comhairle Earra Ghàidheal agus Bhòid Memo Development and Economic Growth Date: 30 September 2026 To: Steven Gove Your Ref: 26/00888/PP Our Ref: ML/BACPOLINQ From: Mark Lodge Extension: 4280 CHANGE OF USE OF FLAT TO SHORT TERM LET AT 43A CASTLE STREET, PORT BANNATYNE The above application relates to a first floor, three-bedroom flat which forms part of a range of 2 storey traditional flatted properties at Castle Street, Port Bannatyne. Access to the flat is gained from a common close which serves the two ground floor flats in the block, and then by an external staircase which provides access to the first floor flat. There is only one flat on the first floor. The surrounding properties are predominantly traditional tenemental flatted properties, and the area is essentially residential in character. Port Bannatyne is classed as a village/minor settlement in terms of Local Development Plan 2 settlement strategy and includes a primary school, post office/shop/café, and Public House. There are also a number of other facilities including a children’s play space, playing fields and a boatyard/marina. The community therefore provides a range of facilities to meet the everyday needs of residents, as well as some which may also appeal to visitors. This application for change of use of a residential flat to allow for short-term letting requires to be assessed against all relevant development plan policy. The development plan includes NPF4 and the Adopted Local Development Plan 2. In particular I would refer to NPF4 Policy 30 – Tourism, part e) which states: Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposals will result in; i) an unacceptable impact on local amenity or the character of a neighbourhood or area; or ii) The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. With regard to part ii) above from a Development Policy perspective, • The Council declared a housing emergency in June 2023. • The property is of the type and size which is suitable to meet identified housing needs of first-time buyers and key incoming workers. Page 36
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Classification: OFFICIAL • It is located in a small settlement, where facilities such as the primary school, local shop and post office, and community owned pub and hub are available and where the use of the property as a primary residence supports the provision of these services year-round. The applicants have provided little evidence with their application to demonstrate tangible local economic benefits from the proposed use of the property as a short term let, but have referred to LDP2 Policy 23 Tourist Development, Accommodation, Infrastructure and Facilities as providing support for their application. This policy refers to new or improved tourist facilities and accommodation; it is designed to support the provision of new facilities or the upgrading of existing tourist accommodation and facilities. It not applicable to the change of use of residential accommodation to tourist accommodation as this should be assessed against policy 30 of NPF4. I trust this provides an appropriate policy response to allow the application to be determined. Mark Lodge Team Leader Development Policy. Page 37
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Classification: OFFICIAL Appendix 4 – Site Visit Photographs Front elevation on Castle Street – Property that the review relates to is the top two windows on the white façade. Entrance from street is via the pend. Page 38
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Classification: OFFICIAL Rear view of the property, entrance via steps and the main door Page 39
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Classification: OFFICIAL View of entrance via pend – Note lower two flats have an entrance from the pend Page 40
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Classification: OFFICIAL View of the easternmost upper floor window of the flat (below the chimney) and the patio, neighbouring flat below and adjacent neighbouring flat Page 41
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Classification: OFFICIAL View of the drying green, westernmost upper floor window and the neighbouring block of flats Page 42