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Consider Notice of Review Request: Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Pa32 8Xd (Ref: 26/0006/Lrb)

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

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STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
26/0006/LRB 
REFUSAL OF PLANNING PERMISSION 25/01573/PP 
ERECTION OF TELECOMMUNICATIONS EQUIPMENT COMPOUND WITH 25 METRE
HIGH TOWER AND ASSOCIATED WORKS 
INVERARAY SHINTY CLUB, INVERARAY 
18 AUGUST 2026

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STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is EE Limited
(“the appellant”). 
Planning permission 25/01573/PP for the ‘erection of telecommunications equipment
compound with 25 metre high tower and associated works’ at Inveraray Shinty Club, Inveraray
(“the appeal site”) was refused by the Planning Service under delegated powers on 8 July
2026. 
The planning application has been appealed and is subject of referral to a Local Review Body. 
DESCRIPTION OF SITE 
The site is situated along the southern boundary of the Inveraray Shinty Club grounds,
accessed off of the A819 Dalmally public road with the shinty clubhouse situated to the north
adjacent to established playing fields and recreational land. 
To the south of the site is Housing Allocation H3027, with planning permission 24/00823/PP
for 16 affordable dwellinghouses imminent which would form the third phase of the wider
Inveraray Masterplan within this area approved in 2017.  The first phase of 10 dwellinghouses
and the second phase of a retail unit within the Masterplan have been completed on site. 
To the east and southeast of the site is the BEAR Scotland Roads Depot beyond which is the
Inveraray Primary School with open fields leading to a rising, tree covered backdrop to the
west. 
The application proposes the formation of a telecommunications equipment compound
incorporating a 25metre high swann column with crowsnest headframe incorporating the
following equipment: 
3 x antennas fixed to headframe;
2 x 0.6m transmission dishes; 
1 x GPS Node fixed to proposed antenna pole; 
1 x ORC Cabinet (600x600x2100); 
1 x MK5B Link AC cabinet (1200x600x1600); 
1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access
gate; and ancillary equipment and cabling. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED 
Section 25 of the Town and Country Planning (Scotland) Act 1997 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 application.

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STATEMENT OF CASE 
Argyll and Bute Council considers the determining issues in relation to the case are as follows: 
• Whether the site represents an appropriate location for the proposed development, having
regard to its impact on visual amenity and the character and appearance of the surrounding
area, and whether the development would result in an unacceptable adverse impact on the
historic environment. 
The Report of Handling (Appendix 1) sets out the Council’s full assessment of the application
in terms of Development Plan policy and other material considerations. 
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is not considered that any additional information is required in light of the appellant’s
submission.  The issues raised were assessed in the Report of Handling which is contained
in Appendix 1.  As such it is considered that Members have all the information they need to
determine the case. Given the above and that the proposal is small-scale, has no complex or
challenging issues, and has not been the subject of any significant public representation, it is
not considered that a Hearing is required. 
COMMENT ON APPELLANT’S SUBMISSION 
The case from the Planning Service is set out in the Report of Handling appended to this
statement.   
With regards to the Appellant’s submission, Officers have the following comments. 
1. The Planning Authority's prolonged delay in determining the application materially
prejudiced the Appellant and altered the planning context against which the
proposal was assessed. 
The Planning Authority acknowledges that the determination of the application took longer
than would ordinarily be expected and notes the concerns raised by the Appellant.  However,
it is not accepted that the delay resulted in material prejudice to the Appellant or that it
rendered the subsequent assessment of the application unfair. 
All planning applications require to be determined against the provisions of the Development
Plan in force at the time along with all other material considerations. 
Whilst the adjacent residential development was not approved at the time the planning
application was submitted, the site formed part of a wider Housing Allocation within adopted
Local Development Plan 2 (LDP2) and therefore its existence represented a material
consideration in the assessment process with the Planning Authority obliged to consider the
relationship between the proposed development and the wider Housing Allocation. 
The Planning Authority does not accept that these considerations arose solely as a
consequence of delay, but that they formed part of the planning context at the time the
application was determined being relevant matters that required to be considered.   
2. That the Planning Authority afforded disproportionate weight to the perceived
visual and heritage impacts of the proposal. 
The Planning Authority accepts that the proposal is intended to provide replacement
telecommunications infrastructure and acknowledges the operational need for such

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infrastructure, however, the Planning Authority does not accept that insufficient weight was
afforded to these considerations. 
Whilst the operational need for replacement infrastructure is acknowledged, this does not
negate the requirement for the development to accord with the relevant provisions of the
Development Plan and other material considerations. The Planning Authority concluded that
the public benefits and operational need associated with the proposal did not outweigh the
identified harm arising from its siting and visual impact. 
3. Insufficient weight has been given to the operational need and public benefits
associated with the proposal. 
The Planning Authority acknowledges the importance of maintaining effective
telecommunications coverage, however it is not accepted that these benefits outweigh the
identified adverse impacts of the proposed development.  The Planning Authority accepts that
the proposal would contribute towards the ongoing provision of digital connectivity, however,
support for telecommunication infrastructure does not negate the requirement for
developments to be appropriately sited and designed, or to comply with the provisions of the
Development Plan 
Whilst the Appellant characterises the visual impacts to be limited and localised, the Planning
Authority remains of the view that the proposal would result in unacceptable effects on the
visual amenity, character and appearance of the surrounding area, as well as the historic
environment. 
4. The Appellant has demonstrated that the proposed location represents the only
suitable, available and deliverable site capable of meeting the operational
requirements of the network. 
The Planning Authority acknowledges the Appellant's assessment of alternative locations and
the technical requirements associated with the provision of replacement telecommunications
infrastructure. However, the existence of operational constraints does not, in itself,
demonstrate beyond doubt that no other suitable or potentially deliverable alternatives exist,
nor does it remove the requirement for the proposed development to be assessed against the
relevant planning policies and material considerations. 
Whilst the need to maintain telecommunications coverage is recognised, the Planning
Authority remains of the view that the information submitted has not sufficiently justified the
proposed siting of the development, having regard to its identified impacts on visual amenity,
the character and appearance of the surrounding area and the historic environment. 
5. The Planning Balance Weighs Decisively in Favour of Granting Planning Permission 
The Planning Authority acknowledges that telecommunications infrastructure will introduce
built development into the landscape and that a degree of visibility is often unavoidable and
also recognise the need for modern and reliable digital infrastructure. 
Whilst the Appellant contends that the proposal has been appropriately sited and designed to
minimise environmental impacts, the Planning Authority remains of the view that the
development would have an unacceptable effect on visual amenity and on the character and
appearance of the surrounding area. Furthermore, it is considered that the proposal would
adversely affect the historic environment and would fail to satisfactorily integrate with its
surroundings.

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The Planning Authority deemed that the adverse impacts of the development outweighed its
benefits and therefore the proposal was considered contrary to the provisions of the
Development Plan comprising NPF4 and LDP2. 
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. 
As set out above, and for the reasons detailed in the Report of Handling appended to this
statement, it remains the view of the Planning Authority that the proposed development would
result in an adverse impact on the visual amenity, character and appearance of the
surrounding area and would adversely affect the historic environment. As such, the proposal
is considered contrary to the relevant provisions of National Planning Framework 4 (NPF4)
and Local Development Plan 2 (LDP2). 
The Planning Authority remains satisfied that the reasons for refusal are appropriate and it is
therefore respectfully requested that the Local Review Body dismiss the application for review
and uphold the decision of the Planning Authority.

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APPENDIX 1
Report of Handling Relative to 25/01573/PP 
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: 25/01573/PP 
Planning Hierarchy: Local 
Applicant: EE Limited 
Proposal: Erection of telecommunications equipment compound with 25
metre high tower and associated works
Site Address:  Inveraray Shinty Club, Inveraray 
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 telecommunications equipment compound with associated
works as follows: 
1 x 25-metre-high swann column with crowsnest headframe 
3 x antennas fixed to headframe 
2 x 0.6m transmission dishes 
1 x GPS Node fixed to proposed antenna pole 
1 x ORC Cabinet (600x600x2100) 
1 x MK5B Link AC cabinet (1200x600x1600) 
1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m
wide double access gate 
Ancillary equipment and cabling 
(ii) Other specified operations 
• N/A 
(B) RECOMMENDATION:

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Having due regard to the Development Plan and all other material considerations, it is
recommended that planning permission be REFUSED for the reasons appended to this
report. 
(C) CONSULTATIONS:   
Argyll and Bute Council – Roads Authority 
Report dated 20/11/25 advising no objection to the proposed development subject
to conditions being imposed on any permission granted to secure a Traffic
Management Plan for the construction phase of the proposed development together
with details of a parking and turning area for the service vehicle(s). 
Argyll and Bute Council – Environmental Health Service (EHS) 
Memo dated 31/10/25 advising that they have no comment to make on the proposal. 
NatureScot 
Response dated 03/11/25 advising that they have no comment to make as the
proposal does not affect a protected area. 
Historic Environment Scotland (HES) 
Letter dated 17/11/25 advising that they have considered the proposal and do not
have any comments to make.  HES do however advise that their decision not to
provide comments should not be taken as their support for the proposal. 
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 planning history relevant to this site but history relating to the wider area, and referenced
in the main assessment of the proposal, is provided below. 
13/02860/MPLAN
Inveraray Project Masterplan - MAST 1/5 Argyll and Bute Local Development Plan (2015) –
Granted: 26/04/17 
14/02020/PP 
Erection of Class 1 retail store, upgrade of access and associated landscaping (amended
site boundaries) – Granted: 24/09/14 
18/02298/PP 
Erection of 10 dwellinghouses with associated car parking, upgraded access road and
landscaping (revised house types and associated parking previously approved under
reference 16/03138/P – Granted: 19/02/19 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 05/12/25. 
(F) REPRESENTATIONS:

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(i) Representations received from: 
Mr Ross Lightfoot, 89 Minerva Street, Finnieston, Glasgow (04/12/25) 
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: 
• Drawing attention to the proximity of the proposed mast to the adjacent
housing application (planning ref. 24/00823/PP). 
• Digital Telecommunications: Planning Guidance (para. 4.35) states that,
in suburban or residential areas, larger masts should where possible be
sited away from direct views from main habitable windows. The current
proposal places the mast immediately beside the site boundary of the
proposed residential scheme. We would be grateful if this relationship
could be considered during the handling of the application. 
Officer Comment: This comment is noted and is considered 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: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☒Yes ☐No 
A Design Statement has
been submitted in
support of the proposal
which is referenced in
the main assessment at
Section P below. 
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist
☐Yes ☒No
☐Yes ☒No  
(v) A report on the impact of the proposed
development e.g. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No 
Relevant INCNIRP
certification and
associated Health and
Safety Correspondence
relating to the operation

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of telecommunication
proposals have been
submitted with the
application.     
(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) 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 24 – Digital Infrastructure 
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 06 – Green Infrastructure
Policy 08 – Sustainable Siting
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 17 – Conservation Areas

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Policy 20 – Gardens and Designed Landscapes 
Connected Places 
Policy 44 – Telecommunications 
Sustainable Communities 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity 
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
• ABC Technical Note – Biodiversity (Feb 2017)
• Scottish Government - Digital Telecommunications: Planning Guidance
• Historic Environment Policy for Scotland (2019)
• Managing Change in the Historic Environment: Gardens and Designed
Landscapes (2016) 
(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) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No    
(O)(i) Key Constraints/Designations Affected by the Development: 
• Inveraray Castle Designed Landscape 
• Inveraray Conservation Area (outwith but adjacent to)
• West Loch Fyne (Coast) LLA (outwith but adjacent to) 
(O)(ii) Soils
Agricultural Land Classification:  Built Up Area
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2

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☐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 ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(O)(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  
(O)(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: 
Area for Action AFA:A3014 
Inveraray Town Centre and Waterfront
allocated for local historic regeneration
and enhancement (Action Programme) 
(P) Summary assessment and summary of determining issues and material
considerations 
Introduction and Settlement Strategy 
The application is seeking to secure permission for the formation of a
telecommunications equipment compound with a 25 metre high tower and
associated equipment on an area of land at Inveraray Shinty Clubhouse, Dalmally
Road, Inveraray. 
In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified
as being within the defined Key Rural Settlement Area (SA) of Inveraray on the
proposals maps where LDP2 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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Site and Proposed Development 
The site is situated along the southern boundary of the Inveraray Shinty Club
grounds, accessed off of the A819 Dalmally public road with the shinty clubhouse
situated to the north adjacent to established playing fields and recreational land. 
To the south of the site is Housing Allocation H3027, with planning permission
24/00823/PP for 16 affordable dwellinghouses imminent which would form the third
phase of the wider Inveraray Masterplan within this area approved in 2017.  The first
phase of 10 dwellinghouses and the second phase of a retail unit within the
Masterplan have been completed on site. 
To the east and southeast of the site is the BEAR Scotland Roads Depot beyond
which is the Inveraray Primary School with open fields leading to a rising, tree
covered backdrop to the west. 
The application proposes the formation of a telecommunications equipment
compound incorporating a 25 metre high swann column with crowsnest headframe
incorporating the following equipment: 
3 x antennas fixed to headframe;
2 x 0.6m transmission dishes; 
1 x GPS Node fixed to proposed antenna pole; 
1 x ORC Cabinet (600x600x2100); 
1 x MK5B Link AC cabinet (1200x600x1600); 
1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double
access gate; and ancillary equipment and cabling. 
The Design Statement (DS) submitted with the application details that the existing
telecommunications mast within nearby AFAM Services site (approximately 115m to
the east of the application site) is due to be decommissioned due to operational
reasons and replaced by the current proposal. 
The DS details that the existing site at AFAM Services provides network coverage
to the area, however, due to operational reasons it cannot no longer continue to
provide coverage nor 5G coverage and there is an urgent requirement to
decommission and remove the existing installation with the requirement for a new
location for a replacement installation in order to maintain and improve coverage to
this area. 
The DS further details that the replacement site must be in the same geographical
area to ensure that the network coverage is improved effectively which has led to
the consideration of this site. 
The DS provides details of a number of alternative sites that were considered and
the reasons why they were discounted and also discusses a site consented under
planning permission reference 21/02463/PP which cannot be progressed due to
legal issues. 
Assessment 
Whilst the site is situated within the SA of Inveraray, where LDP2 Policy 01 gives a
general presumption in favour of sustainable development, this is caveated by a
number of criteria and the need for compliance with all other relevant LDP2 policies
and material planning considerations.

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The site is situated within an area identified within LDP2 as an Area for Action (AFA)
A3014, a strategic allocation the key aim of which is to enable investment and
initiatives in the Key Rural Settlement of Inveraray related to the Conservation Area,
the adjoining Strategic Masterplan Area and to continue to promote essential repairs
and maintenance of the Historic Environment. 
The site is situated within the wider Inveraray Castle Gardens and Designed
Landscape designation one of the most grandly conceived and culturally significant
designed landscapes in Scotland and is in very close proximity to the Inveraray
Conservation Area.   
The site is also adjacent to, but outwith, the West Loch Fyne (Coast) LLA. 
Furthermore, as detailed above, the site is directly adjacent to Housing Allocation
H3027, allocated within LDP2 to bring forward 138 housing units, with the granting
of planning permission for 16 affordable dwellinghouses, directly adjacent to the
proposed mast site, imminent. 
The key consideration in the proposal is whether it complies with the policy
requirements set out in NPF4 Policy 24 – Digital Infrastructure namely Part (e) (i)
which only affords support to development proposals for digital infrastructure where
the visual and amenity impacts of the proposed development have been minimised
through careful siting, design, height, materials and, landscaping, taking into account
cumulative impacts and relevant technical constraints; and LDP2 Policy 44,
Telecommunications which seeks that telecommunication installations should
minimise impact on the visual amenity, character or appearance of the surrounding
area and not have an unacceptable impact on protected areas including Designed
Landscapes and Conservation Areas. 
In addition to the above, the Scottish Governments Digital Telecommunications:
Planning Guidance provides a good practice guide for telecommunication
installations seeking that where located in suburban or residential areas, larger new
masts should, where possible, be located away from direct views from main
habitable windows. 
Officers deem that the telecommunications infrastructure proposed within this
application would not fit with the wider aspirations of the area set out within LDP2
with regards to the AFA, Housing Allocation and the impact on the Historic
Environment.   
The introduction of the proposed mast at the edge of this key area would undermine
the aspirations set out in the LDP2 to transform this area contrary to the provisions
of key policies NPF4 24 and LDP2 Policy 44 which collectively seek to resist
telecommunication development where it would have an adverse impact on the
visual amenity, character and appearance of the surrounding area and would
adversely impact on protected areas including Designed Landscapes and
Conservation Areas. 
The proposal is assessed against the other relevant NPF4 and LDP2 Policies below. 
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.   
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. 
NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss
and deliver positive effects from development and strengthen nature networks. 
In the case of the development proposed by this application it is not considered that
there are any issues of compliance with Policy 3 and no material biodiversity impacts
have been identified in the assessment of this application by the Planning Authority. 
Whilst Policy 3(c) would ordinarily require measures for the conservation, restoration
and enhancement of biodiversity, such measures are required ‘where appropriate’
and should be ‘proportionate’ to the nature and scale of the development proposed.
In this case, the proposed development is limited to a telecommunications project
which would not prejudice any existing biodiversity value and therefore it is not
considered appropriate or proportionate to seek biodiversity restoration or
enhancement in this specific case. 
The proposed development is therefore considered to be in compliance with the
broad aims of NPF4 Policy 3 and LDP2 Policy 73, Development Impact on Habitats,
Species and Biodiversity which collectively seek to ensure that development
proposals incorporate, safeguard and enhance existing site biodiversity. 
NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural
assets making best use of nature-based solutions. 
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 within a
Local Landscape Area (LLA) for and area identified as Wild Land.   
However, whilst the site is situated directly adjacent to the West Loch Fyne LLA, it
is not considered that the scale of the proposed development would have a
significant adverse impact on the LLA or the reasons for which it was designated
raising no conflict with NPF4 Policy 4 or LDP2 Policy 71, Development Impact on

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LLAs which collectively seek to protect the natural environment and designated
areas from inappropriate development. 
NPF4 Policy 7 – Historic Assets 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. 
Part (d) of Policy 7 only supports development proposals in or affecting Conservation
Areas where the character and appearance of the conservation area and its setting
is preserved or enhanced with Part (e) seeming to ensure that development
proposals 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. 
Part (i) only affords support to development proposals affecting nationally important
Gardens and Designed Landscapes where they protect, preserve or enhance their
cultural significance, character and integrity and where proposals will not
significantly impact on important views to, from and within the site, or its setting. 
The telecommunications installation is proposed within the Gardens and Designed
Landscape of Inveraray Castle and in close proximity to the Inveraray Conservation
Area, designations which are acknowledged within LDP2 by virtue of AFA A3014
referenced above, being a strategic allocation the key aim of which is to enable
investment and initiatives in the Key Rural Settlement of Inveraray related to the
Conservation Area, the adjoining Strategic Masterplan Area and to continue to
promote essential repairs and maintenance of the Historic Environment. 
In this instance, it is considered that the proposal would conflict with the main aims
of NPF4 Policy 7 and LDP2 Policies 15, Protection, Conservation and Enhancement
of Our Historic Environment, Policy 17, Conservation Areas and Policy 20, Gardens
and Designed Landscapes together with the guidance contained within Historic
Environment Scotlands Historic Environment Scotland Policy and associated
Managing Change in the History Environment: Gardens and Designed Landscape
Guidance which collectively seek to protect the Historic Environment from
inappropriate developments which would have a detrimental impact. 
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. 
Part (a) of Policy 9 states that development proposals that will result in the
sustainable reuse of brownfield land including vacant and derelict land and buildings,
whether permanent or temporary, will be supported. In determining whether the
reuse is sustainable, the biodiversity value of brownfield land which has naturalised
should be taken into account. 
The development proposed by this application is considered to be on a brownfield
site by virtue of the fact that it proposes to utilise an area of land within the grounds
of the established recreational facility of Inveraray Shinty Club.

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In the event that permission was to be granted, the proposed development would be
consistent with the broad aims of NPF4 Policy 9 and the spatial and settlement
strategy set out in LDP2 Policy 01. 
NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and
facilitate well designed development that makes successful places by taking a
design-led approach and applying the ‘Place Principle’. 
NPF4 Policy 14 part (a) states that, development proposals will be designed to
improve the quality of an area whether in urban or rural locations and regardless of
scale. 
As detailed above, the site is within an area where the introduction of the proposed
mast would conflict with the wider aspirations set out in LDP2 through the AFA
allocation for the investment and initiatives in the Key Rural Settlement of Inveraray
related to the Conservation Area, the adjoining Strategic Masterplan Area and to
continue to promote essential repairs and maintenance of the Historic Environment. 
Officers deem the proposal to be contrary to the broad aims of NPF4 Policy 14 and
the sustainable siting and design policies of LDP2 namely Policy 5, Design and
Placemaking, Policy 08, Sustainable Siting and Policy 10, Design: All Development
which, in summary, collectively seek to ensure that developments are compatible
with surrounding land uses, are sited sensitively within the landscape and ensure
that no adverse visual or amenity impacts arise. 
Considering the above, the proposal is recommended for refusal for the reasons set
out below. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission Should be Refused: 
See reasons for refusal below. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No   
Author of Report: Fiona Scott  Date: 06/07/26 
Reviewing Officer: David Moore Date: 08/07/26 
Fergus Murray
Head of Development & Economic Growth

Page 17

REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 25/01573/PP 
1. This proposed installation of a telecommunication equipment compound and mast is
considered contrary to the provisions of NPF4 Policy 24 (e) (i) (Digital Infrastructure)
and LDP2 Policy 44 (a) & (d) (Telecommunications) as it is considered that the
proposal would have an adverse impact on the visual amenity, character and
appearance of the surrounding area and would adversely impact on the Historic
Environment contrary to the provisions of NPF4 Policies 7 (Historic Assets) and 14
(Design, Quality and Place) and LDP2 Policy 15 (Protection, Conservation and
Enhancement of Our Historic Environment, Policy 17 (Conservation Areas) and Policy
20 (Gardens and Designed Landscapes).