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93845_Statement in Support of the Notice of Review v2

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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Local Review Statement 
Submitted by 
Jamaal Hafiz
Telent 
Rutland House
5 Allen Road
Livingston
EH54 6TQ 
Reference (Nominal Cell): 93845 
Argyll and Bute Council
Planning Authority Reference: 25/01573/PP 
Site: Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And
Bute, PA32 8XD NGR: 209343 N: 708563 
Proposal: The proposal is for the installation a 25m high swann column
crowsnest headframe supporting 3no. antennas, 2no. 600mm
transmission dishes, 3no. RRU’s, installation of 2no. equipment
cabinets, palisade fenced compound and associated supporting
apparatus

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Contents 
1.0 Introduction         
2.0 Application Proposals & Site Description     
3.0 Background to Requirements of Proposal; Alternative Site    
Evaluation; Radio Planning; and Health & Safety Issues 
4.0 Planning Policy Framework               
5.0 Grounds of Review & Council’s Reason for Refusal   
6.0 Conclusion

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1.0  Introduction 
Experience 
1.1 My name is Jamaal Hafiz, a RTPI qualified Town Planner with over 10 years’
experience in the telecommunications sector. I am currently employed in
the position of Town Planner with Telent, a leading technology company
and specialists in the design, build, support and management of the UK’s
critical digital infrastructure and planning consultancy, offering specialist
advice to the telecommunications industry.  My current position requires me
to provide guidance and support to the business and clients overseeing
telecommunications delivery through planning across the UK. 
The Local Review 
1.2 This submission is an independent expert view of the planning matters
relating to the proposal based on the information provided by third parties.
All technical and background information, which forms part of this
submission, is assumed to be factually correct and accurate. 
1.3 Telent has been instructed by EE Limited (“the Review Applicant”) to
conduct a Local Review against the refusal of an application for the siting
and appearance of the installation of installation a 25m high swann column
crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission
dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade
fenced compound and associated supporting apparatus by Argyll and Bute
Council (“the Council”). The application for Full Planning Permission (LPA
ref: 25/01573/PP) was refused by the Council on 9th July 2026 for the
following reasons: 
1.  By 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). 
This Local Review is lodged against the decision of the Council.

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1.4 This statement will set out a brief outline of the Appellant’s case comprising
a number of interrelated sections which will: 
• describe the Local Review site and surroundings in respect of
visual character of the area (Section 2),
• provide a background to the EE network requirement for the
Local Review proposal and general statement in respect of
health and safety issues (Section 3),
• address alternative sites which have been considered as part
of the appraisal (Section 3),
• describe the planning policy framework, in relation to the
proposal, in terms of both the national and local policy
framework (Section 4),
• focus on the grounds of Review and the Council’s reason for
refusal (Section 5), and 
• submit our conclusion (Section 6). 
1.5 Reference will be made to the background papers that comprise the
application and further information attached as appendices to this
statement, and it may expand on the documentation to support an opinion.

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2.0   Application Proposals and Site Description 
Application Proposals 
2.1 The application proposed the erection of telecommunications apparatus,
comprising the following components: 
The installation a 25m high swann column crowsnest headframe supporting
3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation
of 2no. equipment cabinets, palisade fenced compound and associated
supporting apparatus. 
2.2 The structure proposed is a 25m column. The proposed column design is
not uncommon in such a setting that also provides structural benefit for the
infrastructure provider which can support all the required technologies from
both operators on a single structure. As such is transparent to an extent that
allows light to pass through and promotes reduction in visual impact given
the benefit trees within the surrounding area. If the column was any lower
in height, it would require another installation, this would lead to the
proliferation of masts contrary to planning policy. The column will be
galvanised, with the aim of blending with the often grey skyline. The
proposed development comprises a 25m column designed to support the
required electronic communications equipment. The slimline monopole
design is commonly used in similar environments as it provides an efficient
and compact solution capable of accommodating the necessary apparatus
for both operators on a single structure. By consolidating the equipment
onto one installation, the proposal minimises the need for additional
telecommunications infrastructure, thereby reducing the potential
proliferation of masts in accordance with national planning policy. 
The column has a simple, uncluttered appearance with a relatively small
footprint, helping to minimise its visual presence within the surrounding
area. It will be finished in a grey colour to assist in blending with the skyline
and prevailing environmental backdrop, reducing its prominence when
viewed from the surrounding area. Whilst visible, the proposal represents a
proportionate and functional design that balances operational requirements
with visual considerations. 
2.3 The ground-based equipment cabinets are to be light grey RAL7035 to
match the column thereby minimising the visual impact on the area. The
equipment will require maintenance consisting of approximately one site
visit by engineers once every 3-6 months (likely 2-3 times maximum per
year).

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2.4 The location of the site is indicated in the drawings forming part of this Local
Review and as submitted to the Council for prior full planning permission. 
2.5 It should be noted that this site relates to the NTQ Project as such there is a
critical need to replace the existing site As mentioned at present, there is an
existing site located at AFAM Services, Dalmaally Road that provides
network coverage to the area, however, due to operational reasons it cannot
no longer continue to provide coverage nor 5G coverage, there is an urgent
requirement to decommission and remove the existing installation.
Therefore, a new location for a replacement installation in order to maintain
and improve coverage to this area is required. 
2.6 The replacement site must be in the same geographical area to ensure that
the network coverage is improved effectively. Therefore, the proposal to be
assessed in this instance is for a 25m column and associated supporting
apparatus will be located on land at Inveraray Shinty Clubhouse, Dalmally
Road, Inveraray, Argyll And Bute, PA32 8XD.

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Local Review Site Description 
2.7 The application site is located at the Inveraray Shinty Clubhouse, situated
off Dalmally Road on the northern approach to Inveraray, Argyll and Bute
(grid reference E: 209343, N: 708563). The site lies within the grounds of
the Inveraray Castle Gardens and designated landscape, a nationally
significant designed setting that contributes strongly to the character and
historic context of the town. It is also within proximity but located outside of
the Inveraray Conservation Area. The clubhouse is positioned adjacent to
established playing fields and recreational land, with open views towards
the surrounding wooded policies and the wider scenic backdrop of Loch
Fyne and the surrounding hills. Access to the site is taken directly from
Dalmally Road (A819), which forms a key route into Inveraray from the
north. The immediate area has a predominantly rural and parkland
character, with scattered woodland, open grassed areas, and designed
estate features forming part of the wider Inveraray Castle landscape setting 
Additionally, the presence of the existing telecommunications mast within
existing site at AFAM Services, Dalmaally Road is due to be
decommissioned due to operational reasons and replaced by this proposal,
provides an existing context for telecommunications equipment within the
general locale. The relocated site is circa 115m west of the existing
infrastructure. The topography of the site location and surrounding areas is
such that the land elevation at the proposed development location is circa
60m. 
2.8 The proposed 25m column has been selected as the most appropriate
design for this location, providing a simple and compact form capable of
accommodating the required telecommunications equipment on a single
structure. The slimline profile and limited footprint minimise its visual
presence within the surrounding landscape, whilst the grey finish will assist
in reducing its prominence against the often overcast skyline. Although the
site is situated within the Inveraray Castle Gardens and Designed
Landscape and in close proximity to the Inveraray Conservation Area, the
proposal has been carefully designed to minimise visual impact as far as
practicable. Existing tree belts to the west will provide a natural backdrop
and, where available, partial screening of the structure and associated
equipment, helping the development to assimilate into its surroundings.
Furthermore, the site lies adjacent to, but outside, the West Loch Fyne
(Coast) Local Landscape Area, and the combination of existing vegetation,

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topography and intervening built form limits the extent of views from
surrounding sensitive receptors. 
2.9 In addition to the above, the proposal will be viewed within the context of
existing infrastructure and development in the surrounding area, including
the adjacent highway corridor and associated street furniture. These
existing elements provide a functional setting for the proposed
telecommunications installation, ensuring that the column does not appear
visually isolated or incongruous within the wider landscape. Whilst the
surrounding designated landscape is recognised for its historic and scenic
significance, the proposal has been sited to minimise its effect on the
character and appearance of the area whilst delivering essential digital
infrastructure. 
2.10 The height of the proposed 25m column has been kept to the minimum
necessary to meet the operational requirements of the telecommunications
network and to provide the required coverage to the local area. A lower
structure would not achieve the necessary coverage objectives and could
result in the need for additional installations elsewhere, leading to
unnecessary infrastructure proliferation. The proposal has therefore been
designed to balance operational requirements with visual considerations.
The installation will support modern electronic communications
infrastructure, including 4G and 5G services, whilst also forming part of the
network that underpins the Emergency Services Network (ESN), ensuring
resilient and reliable communications for the emergency services as well as
improved connectivity for residents, businesses and visitors.

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3.0 Background to EE’s Requirements: Need for the Site; Alternative 
Sites Evaluation, and Health & Safety Issues 
Need for the site 
3.1 The requirement for a replacement mobile telecommunications base station
to provide network coverage to Inveraray is the result of the impending
decommissioning and removal of the existing EE installation at AFAM
Services, Dalmally Road, which has historically provided coverage to the
area. Due to operational reasons, the existing installation can no longer
continue to provide the required level of service and is unable to
accommodate the operator's ongoing network requirements, including the
provision of 5G services. Consequently, there is an urgent requirement to
replace the existing installation in order to maintain existing coverage,
improve network performance and support the Emergency Services
Network (ESN). 
It is also of note that the operator previously secured planning permission
for a replacement telecommunications installation at Inveraray Depot under
planning application reference 21/02463/PP. However, despite planning
permission being granted, the operator has been unable to implement that
consent due to legal constraints relating to the site. As a result, the approved
development cannot be progressed and an alternative replacement location
is required. 
The replacement installation must be located within the same geographical
area to ensure that existing network coverage is maintained and enhanced,
whilst addressing the coverage deficit that would result from the removal of
the existing site. Following a comprehensive site search and technical
assessment, the proposed location at Inveraray Shinty Clubhouse, Dalmally
Road, Inveraray, Argyll and Bute, PA32 8XD has been identified as the most
suitable and deliverable option. The proposal therefore comprises the
installation of a 25m telecommunications column and associated supporting
apparatus to provide resilient 4G and 5G coverage to the surrounding area,
including connectivity for the Emergency Services Network. 
3.2    A total of 26 alternative siting and design options were considered to provide
this replacement coverage, but duly discounted as unavailable or less
desirable in terms of integration into their environment when compared to
the Local Review proposal. The alternative options considered were:

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1. Fire Station Tower RT - Approx. NGR: 209452, 708571
This structure would not be suitable to accommodate the additional load of
the telecoms apparatus. 
2. Fire Station GF - Approx. NGR: 209460, 708565
This site would have ICNIRP issues due to the adjacent fire station tower. 
3. Inveraray Co-op GF – Approx. NGR: 209393, 708281
Could not get sufficient dish link at this location to support other rural sites
around Inveraray. 
4. Dalmally Road SW - Approx. NGR: 209373, 708670
This site would have too great a visual impact on the area due to street
furniture of significantly less height and lack of natural screening. 
5. Bell Tower RT - Approx. NGR: 209468, 708451
This site was discounted as no stealth design could be implemented which
would mitigate the visual impact given the building listing. 
6. The Avenue SW - Approx. NGR: 209524, 708453
This site would have too great a visual impact on the area due to street
furniture of significantly less height and lack of natural screening. 
7. Land South of Dalmally Road 2 - Approx. NGR: 209113, 708291
This site would require a very high/ bulky tower due to the surrounding trees
and would have a greater visual impact than that of the proposed. 
8. Land South of Dalmally Road - Approx. NGR: 209224, 708487
This site would have too great a visual impact on the area due to the
openness of the site and lack of natural screening. 
9. Inveraray Primary School - Approx. NGR: 209412, 708455
This site would have too great a visual impact on the area due the lack of
vertical structures to mitigate the visual impact and lack of natural screening. 
10. Cameron Auto Repairs GF - Approx. NGR: 209099, 708124
The site is too far to the southwest of the search area to provide the required
coverage to the target area. 
11. The Inveraray Inn RT - Approx. NGR: 209551, 708592
The building is not suitable to host the apparatus due to the pitched roof

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design. 
12. Town House RT - Approx. NGR: 209632, 708561
The building is not suitable to host the apparatus due to the pitched roof
design. 
13. Main Street SW - Approx. NGR: 209655, 708544
This site would have too great a visual impact on the area due the lack of
tall street furniture to mitigate the visual impact and lack of natural
screening. 
14. Front Street CP - Approx. NGR: 209667, 708565
This site would have too great a visual impact on the area due the lack of
tall street furniture to mitigate the visual impact and lack of natural
screening. 
15. Inveraray Castle RT - Approx. NGR: 209589, 709243
This site is too far to the north of the search area to provide the required
coverage to the target area. 
16. Land off Upper Avenue - Approx. NGR: 209076, 708696
This site is too far to the west of the search area to provide the required
coverage to the target area. 
17. Inveraray Parish Church RT - Approx. NGR: 209591, 708422
This site was discounted as no stealth design could be implemented which
would mitigate the visual impact. 
18.  Inveraray Jail RT - Approx. NGR: 209650, 708393
This site was discounted as no stealth design could be implemented which
would mitigate the visual impact. 
19. George Hotel RT - Approx. NGR: 209567, 708347
The building is not suitable to host the apparatus due to the pitched roof. 
20. Inveraray Coach Park GF - Approx. NGR: 209402, 708701  
This site would require a very high/bulky tower due to the surrounding trees
and would have a greater visual impact than that of the proposed. 
21. Inveraray TE - Approx. NGR: 209356, 708586  
Unable to agree to a location on the property that works for all parties.

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22. Spoil Heap VF SS - Approx. NGR: 209178, 708304
This site would have to be significantly developed to accommodate both EE
and Vodafone. This would require a very high/bulky tower due to the
surrounding trees and would have a greater visual impact than that of the
proposed. 
23. Upper Riochan Factory GF – Approx. NGR: 209047, 708115
The site is too far to the southwest of the search area to provide the required
coverage to the target area. 
24. Barn Brae SW – Approx. NGR: 209282, 707959
Radio confirmed this site would not work from a coverage perspective. 
25. Inveraray Co-op CP 2 – Approx. NGR: 209358, 708269
This location was not supported by the landowner and current location was
agreed. 
26. Inveraray Depot GF – Approx. NGR: 209388, 708467
The operator previously progressed a site at Inverary Depot under planning
application ref: 21/02463/PP however the operator cannot impose the
planning approval and proceed to build due to legal issues as such this
location cannot be progressed.

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The discounted sites that were identified as potential sites are shown on the
map below:

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Health & Safety Issues 
3.3   The relevant statement of ICNIRP compliance for the Local Review proposal
was submitted as part of the application and as required the Council’s
planning officers did not consider this matter as part of their determination
of the proposal. 
3.4    As the emissions from the Local Review proposal will meet the International
Commission for Non-Ionizing Radiation Protection (ICNIRP) guidelines, as
recommended by the Stewart Report, in accordance with the relevant
guidance it should not be necessary to consider health effects further. 
Site Summary 
3.9     In summary, the site search has been extensively undertaken to establish
the optimum siting and design for a new base station, whilst respecting the
nature and character of the area and minimising environmental impact, as
far as technologically feasible. The following section will outline the local
and national policy context against which the Local Review proposal should
be assessed. This assessment is contained in Section 5 of this statement.

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4.         Planning Policy Framework 
4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997,
the determination of planning applications are to be made in accordance
with the Development Plan unless material considerations indicate
otherwise. National Planning Framework 4 was formally adopted on the
13th of February 2023 and is now part of the statutory Development Plan.
NPF4 provides the national planning policy context for the assessment of
all planning applications. The adopted The Argyll and Bute Local
Development Plan 2 was adopted on 28th February 2024, and replaces the
Argyll and Bute Local Development Plan 2015 and its associated
Supplementary Guidance (March 2016), and Supplementary Guidance 2
(December 2016). 
National Planning Guidance 
4.2 Planning National Planning Policy
Scottish Planning Policy (SPP) and the National Planning Framework 4
(NPF4) superseded NPPG 19. This document condenses the advice
outlined previously although the broad principles of promoting the
expansion of electronic communications networks remains the same:
National Planning Framework 4 (NPF4)
The NPF4 was adopted 13th February 2023. It details the Scottish
Government’s long-term plan for what Scotland could be in 2045 and will
influence planning decisions. The NPF4 encourages LDP’s to support the
delivery of digital infrastructure, including fixed line, and mobile connectivity,
particularly in areas with gaps in connectivity and barrier to digital access.
Policy 24 reads “Development proposals that incorporate appropriate,
universal, and future-proofed digital infrastructure will be supported” 
Part 1– sets out an overarching spatial strategy for Scotland in the future.
This includes priorities, spatial principles and action areas. This should be
used to guide the preparation of regional spatial strategies, local
development plans and local place plans. The strategy is relevant to wider
policies and strategies relating to land use. It also sets out aspirations to
stimulate green prosperity, stating that natural assets and environmental
quality underpin the area’s main economic sectors and must therefore be
protected, restored and used sustainably. A flexible approach to planning

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will help to attract investment, grow and diversify businesses and enable
local entrepreneurship, micro enterprises, self-employment and social
enterprises to flourish. Remote working can be capitalised on to build
economically active local communities. The Plan acknowledges that
achieving these aspirations will require the continued roll out of high-quality
digital infrastructure and maintenance and decarbonisation of transport
routes to wider markets. 
Part 2– sets out proposed national developments that support the spatial
strategy. 
Policy 14 relates to design, quality and place. It aims to encourage, promote
and facilitate well designed development that makes successful places by
taking a design-led approach and applying the Place Principle. 
Policy 14 states: 
a) Development proposals will be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale. 
Part 3– sets out policies for the development and use of land which are to
be applied in the preparation of local development plans; local place plans;
masterplans and briefs; and for determining the range of planning consents.
This part should be taken as a whole, and all relevant policies should be
applied to each application. 
Part 3 is also a ‘Planning Policy Handbook’ and covers the following themes: 
• Sustainable Places (Universal policies) 
• Liveable Places 
• Productive Places 
• Distinctive Places 
In respect of ‘Digital infrastructure’, NPF4 states ‘We want our all of our
places to be digitally connected. Digital connectivity has a central role to
play in unlocking the potential of our places and the economy and in opening
up more remote parts of Scotland for investment and population growth.
This will play an increasingly important role in supporting essential services
including healthcare and education. We want to ensure that no areas are
left behind by closing the digital divide. The planning system should
continue to support the roll-out of digital infrastructure across all of Scotland,

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ensuring that policies recognise the importance of future-proofing
infrastructure provision whilst addressing impacts on local communities and
the environment’. 
Policy 24 relates to ‘Digital Infrastructure’ and states: 
a) Local development plans should support the delivery of digital infrastructure,
particularly in areas with gaps in connectivity and barriers to digital access. 
b) Development proposals should incorporate appropriate, universal and
futureproof fed digital infrastructure. This should be done in consultation
with service providers. 
c) Development proposals that deliver new digital services or provide
technological improvements, particularly in areas with no or low connectivity
capacity, should be supported. Planning authorities should not question the
need for the service to be provided where proposals are clearly aligned with
fulfilling the delivery of local or national policy objectives which support the
roll-out of digital infrastructure in areas with no or low connectivity where
there are benefits of this connectivity for communities and the local
economy. 
d) Development proposals for telecommunications development should be
supported where: 
• the visual and amenity impact of the proposed development has been
minimised through careful siting, design and where appropriate
landscaping; 
• it has been demonstrated that all practicable options and alternative sites
have been considered, including the possibility of using existing masts,
structures and buildings and/or site sharing; 
• there is no physical obstruction to aerodrome operations, technical sites or
existing transmitter/receiver facilities. 
e) Development proposals that are likely to have an adverse effect on the
operation of existing digital infrastructure or on the delivery of strategic roll-
out plans should not be supported unless appropriate mitigation measures
can be provided.
In considering the above, as the proposal would in effect see the relocation
and upgrading of an existing telecommunications site within the general

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locale whereby the council has accepted the general locale as being
suitable, on balance, in terms of siting of such equipment and of a suitable
design, then given the similar nature of the proposal and its location then
there would be little in the way of further consideration in terms of any
perceived visual impact from that previously considered appropriate in this
instance. 
Given the relocation of an extant permission and therefore site, while the
general local has been considered as being acceptable the proposed site is
the closest to that of the existing site practicable in this instance.
Furthermore, in this instance there is some existing vegetation to which the
revised site would be set behind and would provide some additional
screening that would lessen any visual impact/prominence. 
Scottish Planning Policy 2014 (SPP)
Scottish Planning Policy published in June 2014, is a statement of Scottish
Government policy on how national important land use planning matters
should be addressed across the country. SPP is supplemented by a series
of Planning Advice Notes (PANs).
Paragraphs 292 – 300 of the SPP relates specifically to Supporting Digital
Connectivity, including telecommunications developments. It highlights the
importance of our digital infrastructure, across the whole of Scotland,
including urban and rural areas and confirms that Scotland’s economy and
social networks depend heavily on high-quality digital infrastructure. To
facilitate investment across Scotland, planning has an important role to play
in strengthening digital communications capacity and coverage across
Scotland.
The proposed development accords with all these aspects of the NPF4 and
SPP in that it will provide the wider area with improved network provision,
bringing a range of associated economic and technical benefits.
Paragraph 295 of the SPP confirms that Local development plans should
provide a consistent basis for decision-making by setting out the criteria
which will be applied when determining planning applications for
communications equipment. They should ensure that the following options
are considered when selecting sites and designing base stations:
• mast or site sharing;
• installation on buildings or other existing structures;

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• installing the smallest suitable equipment, commensurate with technological
requirements;
• concealing or disguising masts, antennas, equipment housing and cable
runs using design and camouflage techniques where appropriate; and
• installation of ground-based masts.
Paragraph 296 confirms that “Local development plans should set out the
matters to be addressed in planning applications for specific developments,
including:
• an explanation of how the proposed equipment fits into the wider network;
• a description of the siting options (primarily for new sites) and design options
which satisfy operational requirements, alternatives considered, and the
reasons for the chosen solution;
• details of the design, including height, materials and all components of the
proposal;
• details of any proposed landscaping and screen planting, where
appropriate;
• an assessment of the cumulative effects of the proposed development in
combination with existing equipment in the area;
• a declaration that the equipment and installation is designed to be in full
compliance with the appropriate ICNIRP guidelines for public exposure to
radiofrequency radiation131; and
• an assessment of visual impact, if relevant.
It is considered that the proposal has address all matters set out in the
‘model’ telecommunications policy. The proposal would result in
development that would see the removal of a previously approved
telecommunications site location whereby the suitability in terms of siting
and appearance has already been established and accepted by the Council.
The proposed development will have no significant detrimental or
demonstrable effect on the character and appearance of the local to that
previously considered acceptable.
In assessing applications for telecommunications development, paragraph
298 of the SPP confirms that “Consideration should be given to how

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proposals for infrastructure to deliver new services or infrastructure to
improve existing services will contribute to fulfilling the objectives for digital
connectivity set out in the Scottish Government’s World Class 2020
document. For developments that will deliver entirely new connectivity – for
example, mobile connectivity in a “not spot” – consideration should be given
to the benefits of this connectivity for communities and the local economy”.
Paragraph 299 then states that. “All components of equipment should be
considered together and designed and positioned as sensitively as possible,
though technical requirements and constraints may limit the possibilities.
Developments should not physically obstruct aerodrome operations,
technical sites or existing transmitter/receiver facilities. The cumulative
visual effects of equipment should be taken into account”.
The scheme has been designed to ensure that it not only meets the
technical requirements but also fully considers the site context and any
potential views from outlying areas, which is why the nearest suitable
location to the extant permission site is proposed in this instance.
Paragraph 300. States that “Planning authorities should not question the
need for the service to be provided nor seek to prevent competition between
operators. The planning system should not be used to secure objectives
that are more properly achieved under other legislation. Emissions of
radiofrequency radiation are controlled and regulated under other
legislation, and it is therefore not necessary for planning authorities to treat
radiofrequency radiation as a material consideration”.
The proposal would be consistent with the aims of the SPP in this instance,
particularly when considering that the application includes ICNIRP
certification confirming that any emissions of radiofrequency radiation are at
an appropriate and safe level.
Planning Advice Note: PAN 62 Radio Telecommunications
PAN 62 refers to Radio Telecommunications and states that the NPPG (now
superseded by the SPP and FPF3) considers the general siting and design
principles for telecommunications. It states that such development should
be undertaken in a manner that minimises environmental impact and should
have a sensitive design in both urban and rural areas. 
Paragraphs 8 – 17 of Planning Advice Note 62: Radio Telecommunications
broadly explain how mobile networks operate. Although the operators’
networks are mature, improvements, upgrades and new sites are required

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for their networks for a number of reasons. For example, to increase
capacity in an area of high demand, to provide new or improved network
coverage in terms of quality as well as extent, or perhaps to provide
coverage over a new development area such as a new housing estate or
industrial park.
Paragraph 32 identifies two components associated with minimising the
contrast between telecommunication equipment and its surrounding as;
minimising the contrast between equipment and people’s expectations of a
particular scene and minimising the contrast between equipment and its
immediate setting of background. For example, a column generally fits the
expectations within rural landscapes.
Paragraph 33 further identifies ways in which to minimise these contrasts
as follows; 
• select a shape and material appropriate to the character of the area;
• keep the shape simple with clean lines, and fit all the elements, such as
antennas, cables and ladders within the visual envelope of the basic shape;
• develop a composition where the properties seem in proportion and
balanced, for example masts that taper to the top are usually more
acceptable;
• minimise the number of separate visual elements in a base station; and
• use regularity, order and symmetry in positioning equipment.
Furthermore, para 34 identifies a series of options that should be considered
as a guide in selecting the siting and design of telecommunications
equipment in order to minimise any resultant visual contrast. The
implementation of telecommunications equipment is site-specific and
therefore should be considered against the site conditions and coverage
capacity requirements in addition to technical constraints and landscape
character. The series of options is therefore a guide or checklist rather than
a sequence to be rigidly followed. 
The options are:
• installing small scale equipment;
• concealing or disguising equipment;

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• mast sharing;
• site sharing;
• installing on existing buildings or other structures; and
• erecting a new ground based mast.
As can be seen from the above, the proposal would result in the removal of
an existing site within the area, and the new base station proposed at land
at Shinty Clubhouse will remain in an area whereby the acceptability on
matters regarding siting and appearance has already been accepted, would
be consistent with both the aims of national and local policy. The proposal
would therefore be consistent with National policy guidance as set out
above.
The special operational and technical factors that require specific siting of
base stations should be balanced by the need to minimise environmental
and visual impact. However, there is now far greater emphasis that visual
impact should not override significant radio planning requirements to
achieve mobile coverage to a particular area, particularly with the need to
support the massively growing and intensifying demand for mobile
communications across the UK. 
4.15 As can be seen from the above, the National Guidance clearly
acknowledges the benefits of modern electronic communications and seeks
to encourage such development as being essential due to their role in
supporting a modern economy, contributing to sustainable objectives, and
enhancing local community access to a range of goods and services. Local
planning authorities are advised to respond positively to proposals for
electronic communications development and this must include an
understanding of the associated special problems and technical needs of
developing and upgrading communications networks. 
Public benefits are defined within the National Guidance and could be
anything that delivers economic, social or environmental progress. Benefits
do not always have to be visible or accessible to the public in order to be
genuine public benefits. 
The existing telecommunications installation at AFAM Services, Dalmally
Road has historically provided network coverage to Inveraray and the
surrounding area. However, for operational reasons, the site can no longer

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meet the operator's network requirements and must be decommissioned
and removed. A replacement installation is therefore required to maintain
existing coverage, facilitate the rollout of enhanced 4G and 5G services,
and ensure continued support for the Emergency Services Network (ESN). 
The public benefits of the proposal are significant. Should this Local Review
be dismissed, the operator would be unable to deliver a replacement
installation capable of maintaining the established network coverage
currently provided within the locality. This would result in a significant
reduction in mobile connectivity for residents, businesses and visitors, with
consequential impacts on access to reliable voice and data services,
including communications relied upon by the Emergency Services Network.
Such an outcome would undermine national planning objectives to support
high-quality digital infrastructure and would deprive the local community of
enhanced 4G and 5G connectivity, reducing network resilience and capacity
in an area where reliable mobile communications are increasingly essential
for everyday life, business activity and tourism.

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Local Planning Policy 
4.16   Under Section 25 of the Town and Country Planning (Scotland) Act 1997,
the determination of planning applications are to be made in accordance
with the Development Plan unless material considerations indicate
otherwise. National Planning Framework 4 was formally adopted on the
13th of February 2023 and is now part of the statutory Development Plan.
While NPF4 provides the national planning policy context for the
assessment of planning applications, the Argyll and Bute Local
Development Plan 2. 
4.17 As such the following local policies are relevant to the Local Review site: 
ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2 (February 2024) 
The following policies are of relevance: 
Policy 10 – Design: All Development 
The design of any development must: 
• Demonstrate an understanding of and appropriate response to the
proposed development site and wider context including consideration of
character and, where applicable, urban grain; and 
• Acknowledge the scale, mass and spirit of nearby buildings but steer clear
of mimicry and pastiche; and • Incorporate existing and enhancing features
where applicable; and • Avoid falsification of period details; and 
• Use appropriate proportions for building elements and details including,
where applicable, massing and fenestration; and 
• Use materials that are harmonious with the context but embody honesty
and legibility of contemporary design; and 
• Consider the embodied energy and durability of proposed materials; and 
• Incorporate the use of flood resistant and resilient materials and
construction methods. 
Policy 20 – Gardens and Designed Landscapes 
Development proposals affecting nationally important Gardens and
Designed Landscapes will be supported where they protect, preserve or
enhance their cultural significance, character and integrity and where

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proposals will not significantly impact upon important views to, from and
within the site, or its setting. 
Development proposals should protect and preserve in situ regionally or
locally important Gardens and Designed Landscapes and their settings,
wherever feasible. All proposals affecting designated or non-designated
Gardens and Designed Landscapes or their settings shall be accompanied
by an assessment that follows the principles set out in the most up-to-date
relevant guidance published by Historic Environment Scotland. 
In assessing proposals for development in or adjacent to gardens and
designed landscapes particular attention will be paid to the impact of the
proposal on all of the following: 
• The artistic, historical, horticultural, architectural, scenic, and nature
conservation interest of the site, AND 
• The site’s original design concept, overall quality and setting, AND 
• Trees and woodlands and the site’s contribution to local landscape
character within the site including the boundary walls, pathways, garden
terraces or water features. 
Policy 44 – Telecommunications 
There is a presumption in favour of proposals for telecommunications
development provided that all the following criteria are met: 
a) the siting and appearance of the proposed apparatus and associated
structures should seek to minimise impact on the visual amenity, character
or appearance of the surrounding area; 
b) if located on a building, apparatus and associated structures should be
sited and designed in order to seek to minimise impact on the external
appearance of the host building; 
c) if proposing a new mast, it should be demonstrated that the applicant has
explored the possibility of erecting apparatus on existing buildings, masts or
other structures. Such evidence should accompany any application made
to the Planning Authority; 
d) the development should not have an unacceptable impact on areas of
ecological interest, Areas of Wild Land, National Scenic Areas, historic
gardens and designed landscapes, other areas of landscape importance,
the Green Belt, the coast, archaeological sites, conservation areas, areas

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of townscape quality or buildings of architectural or historic interest. Special
care should be exercised in these locations. 
When considering applications for telecommunications development, the
Planning Authority will have regard to the operational requirements of
telecommunications networks and the technical limitations of the
technology. Applicants will be expected to demonstrate compliance with
ICNIRP guidelines. 
Policy 17 – Conservation Areas 
Development: There is a presumption against development that does not
preserve or enhance the character or appearance of an existing or proposed
conservation area or its setting. New development within these areas and
on sites affecting their settings must respect the architectural, historic and
other special qualities that give rise to their actual or proposed designation
and conform to the following national policies and guidance including, but
not limited to, those detailed as ‘Related Documents’ under section 4.39
above and the area’s Conservation Area Appraisal and Management Plan
(if in place). 
The developer is expected to satisfactorily demonstrate to the planning
authority that the effect of a proposed development on a conservation area
and its wider setting has been assessed and that measures will be taken to
preserve or enhance the special interest of the area. The use of appropriate
design statements, character appraisals and conservation plans are
expected to facilitate this assessment. Applications for planning permission
in principle will not normally be considered appropriate for proposed
development in conservation areas. The contribution which trees make
towards the character or appearance of a conservation area will be taken
into account when considering development proposals. 
B. Demolition: Proposals for the total or substantial demolition of a building
within or affecting the character or appearance of a conservation area or its
setting will be considered as if the structure was listed – as set out in Policy
16 – Listed Buildings (B).

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Policy 15 – Supporting the Protection, Conservation and Enhancement of
Our Historic Built Environment 
Development proposals will not be acceptable where they fail to: protect,
preserve, conserve or enhance the special characteristics and/or cultural
significance of the historic built environment in terms of its location, scale,
form, design or proposed use; or 
avoid any cumulative effect upon the special characteristics and/or cultural
significance of designated built environment sites. 
Proposals for development that would affect either a designated or non-
designated heritage asset or their setting will be expected to demonstrate
that they would enable positive change by balancing the need to secure the
long-term sustainability of the asset against the need to address the impacts
of climate change and to meet the council’s wider regeneration objectives,
where appropriate. 
Detailed Policies 
Listed Buildings 
Listed Buildings, their curtilage structures and their settings make a
significant contribution to the character and amenity of Argyll and Bute. They
are a valuable resource that can stimulate enjoyment of the wider
environment and act as an important medium for education, economic
development, recreation and tourism. As such, they must be protected. 
Listing covers the interior as well as the exterior of the building and extends
to its curtilage. 
Historic Environment Scotland will be consulted on planning applications
that would affect a category A listed building or its setting, and on
applications for listed building consent for works to category A and B listed
buildings, or for a proposal by the planning authority itself affecting a listed
building of any category.  Where appropriate the planning authority will also
seek the views of the Architectural Heritage Society of Scotland and
Architecture Design Scotland. 
In the event of the planning authority being minded to grant consent for the
demolition (in whole or part) of a listed building it will notify Historic
Environment Scotland (HES) at least 3 months prior to the start of the works,
to allow for adequate recording of the listed building and its features and
context. Once a listed building has been demolished the planning authority
will notify Historic Environment Scotland.

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5.0 Grounds of Review 
5.1      The Appellant respectfully submits that the Planning Authority erred in
refusing planning permission for the proposed telecommunications
installation. The refusal is based on the conclusion that the development
would adversely impact the visual amenity, character and appearance of
the surrounding area and the historic environment, contrary to NPF4
Policies 7, 14 and 24 together with LDP2 Policies 15, 17, 20 and 44. 
5.2 The Appellant considers that the decision fails to properly balance the
limited visual impacts of the proposal against the significant public benefits
arising from maintaining and enhancing digital communications
infrastructure. Furthermore, insufficient weight has been afforded to the
operational and technical requirements of the development, the
comprehensive site selection process undertaken, and the exceptional
circumstances surrounding the determination of the application. 
5.3 The grounds of Review rest on the following matters: 
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.
2. That the Planning Authority afforded disproportionate weight to the
perceived visual and heritage impacts of the proposal.
3. Insufficient weight has been given to the operational need and public
benefits associated with the proposal.
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.

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Ground 1 – The Planning Authority's Delay Materially Prejudiced the
Application 
5.4 The Appellant considers that significant weight should be attached to the
exceptional delay experienced during the determination of this application.
The application was submitted on 17 September 2025 yet was not
determined until 9 July 2026, representing a determination period of almost
ten months. This is substantially longer than the statutory determination
period for planning applications and significantly exceeds the timeframe
within which applicants are entitled to expect a planning decision. 
5.5 Throughout the determination process the Appellant made repeated
attempts to progress the application and sought updates from the Planning
Authority regarding the outstanding determination. As the delay continued,
the Appellant expressly raised concerns that the prolonged determination
period was materially altering the planning circumstances against which the
proposal would ultimately be assessed. 
5.6 The Appellant specifically advised the Planning Authority that withdrawal of
the application was neither appropriate nor justified and requested that the
application continue to determination on its planning merits. In
correspondence to the Planning Officer, the Appellant explained that the
application had already been under consideration for approximately seven
months and that continued delay risked fundamentally prejudicing the
assessment. 
5.7 The Appellant also expressly highlighted that, at the time the application
was submitted, the adjacent residential development under planning
reference 24/00823/PP had not been determined. Consequently, had the
Planning Authority determined the application within a reasonable period,
the approved housing development would not have formed part of the
planning context. 
The Appellant therefore advised the Planning Authority that: 
"the applicant is concerned that the significant delay in determination has resulted in a
change to the planning context which is now being relied upon in the assessment of the
proposal. In our view, this creates a situation where the applicant is being prejudiced by
the Planning Authority's delay, and the planning balance is being artificially shifted post-
submission." 
This concern was clearly communicated before the application was
determined.

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5.8 Despite these concerns being raised directly with the Planning Authority,
the application remained undetermined for several further months. 
5.9 When the application was eventually determined, the Planning Authority's
assessment had materially changed as a consequence of planning
circumstances that did not exist when the application was originally
submitted. 
5.10 The Officer's Report places considerable emphasis upon the approved
residential development and the future aspirations for the wider Area for
Action, concluding that the proposal would conflict with those aspirations
and adversely affect the future character of the locality. 
5.11 Whilst it is accepted that planning applications are generally determined
having regard to the planning circumstances existing at the date of
determination, it is respectfully submitted that the Local Review Body should
give careful consideration to the fact that these changed circumstances
arose solely because of the Planning Authority's own delay. 
5.12 The Appellant had no ability to influence or control the speed with which the
application was determined and should not be materially disadvantaged
because the Planning Authority failed to determine the application within a
reasonable timeframe. 
5.13 Indeed, had the application been determined within the statutory
determination period, the adjacent housing approval would not have been a
material consideration and many of the concerns subsequently expressed
by Officers regarding the future residential environment would simply not
have arisen. 
5.14 The Planning Authority's own reasoning illustrates the significance afforded
to this altered planning context. 
5.15 The Officer concludes that the proposal would fail to integrate with the future
aspirations for the locality and that the telecommunications installation
would have an unacceptable effect upon the wider character of the area,
relying upon planning circumstances which were fundamentally different
from those existing at the date of submission. 
5.16 The Appellant respectfully submits that this has resulted in an inherently
unfair planning balance.

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5.17 Rather than assessing the proposal principally against the circumstances
existing when the application was made, substantial reliance has been
placed upon planning changes that occurred only because the application
remained undetermined for almost ten months. 
5.18 The Planning Authority was fully aware of the Appellant's concerns
regarding prejudice arising from delay. 
5.19 Those concerns were not speculative; they identified precisely the issue
which ultimately became central to the refusal. 
5.20 Despite this, the application continued to remain undetermined until those
planning circumstances had changed. 
5.21 The Local Review Body is therefore respectfully invited to recognise that the
procedural history of this application is highly unusual and represents an
important material consideration when assessing the overall planning
balance. 
5.22 This ground is not advanced on the basis that delay alone renders the
refusal unreasonable or invalid. 
5.23 Rather, it is advanced because the delay materially altered the planning
context against which the proposal was assessed and resulted in
considerable weight being afforded to planning circumstances which did not
exist when the application was submitted. 
5.24 The Appellant respectfully submits that this is a significant factor which
weighs in favour of allowing the Local Review and should be taken into
account alongside the substantive planning merits of the proposal. 
Ground 2 – The Planning Authority Has Afforded Disproportionate Weight
to the Perceived Visual and Heritage Impacts of the Proposal and Failed to
Properly Apply NPF4 Policy 24 
5.25 The sole reason for refusal relates to the Planning Authority's conclusion
that the proposal would have an unacceptable impact upon the visual
amenity, character and appearance of the surrounding area and would
adversely affect the historic environment, contrary to the provisions of NPF4
Policies 7, 14 and 24 together with LDP2 Policies 15, 17, 20 and 44. The
refusal reason states:

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"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..." 
5.26 Whilst the Appellant accepts that the proposal will inevitably introduce a new
vertical structure into the landscape, it is respectfully submitted that the
Planning Authority has failed to adequately demonstrate why the identified
impacts are of such significance that they outweigh the substantial public
benefits arising from the proposal. 
5.27 Throughout the Officer's assessment considerable emphasis is placed upon
the proposal's relationship with the surrounding historic environment,
including the Inveraray Castle Designed Landscape, Conservation Area
and the wider Area for Action. However, the assessment provides only
limited explanation as to why the proposal would result in unacceptable
harm, instead reaching a broad planning judgement that the proposal would
conflict with the aspirations for the area. 
5.28 It is submitted that this conclusion does not fully reflect the existing
character of the locality. 
5.29 The Local Review site is not located within an undeveloped rural landscape,
but within an area containing a number of established built features and
infrastructure including the Shinty Club, associated parking areas, the
Roads Depot and existing transport infrastructure. The proposal therefore
forms part of an already developed edge of settlement rather than
introducing telecommunications infrastructure into an isolated or
undeveloped landscape. 
5.30 The Planning Authority also appears to have afforded considerable weight
to future aspirations for the area rather than the existing character of the site
and its surroundings. 
5.31 Whilst future development proposals are capable of being material
considerations, planning decisions must nevertheless be based upon a
balanced assessment of the proposal within its actual context. In this
instance, the proposed mast would occupy a relatively small operational
compound and would not sterilise surrounding land or prevent the
implementation of adjoining development proposals. 
5.11 Accordingly, it is considered that the Planning Authority has overstated the

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degree to which the proposal would undermine the wider objectives for the
area. 
5.12 Importantly, the Officer's assessment acknowledges that the proposal has
sought to minimise its impacts through careful siting and design. 
5.13 The application was accompanied by detailed supporting information
demonstrating that the location had been selected following an extensive
search of alternative sites and that the proposed height represented the
minimum necessary to achieve the required operational coverage and
microwave transmission path. 
5.14 Rather than engaging in detail with this evidence, the Planning Authority
has simply concluded that the proposal would remain unacceptable due to
its visual presence. The Appellant respectfully submits that this does not
represent the balanced assessment required by NPF4 Policy 24. 
5.15 NPF4 Policy 24 is not a policy which seeks to prevent the provision of
telecommunications infrastructure where it is visible. 
5.16 On the contrary, the policy recognises the importance of modern digital
infrastructure and requires proposals to minimise environmental impacts
whilst recognising the technical and operational requirements associated
with electronic communications development. 
5.17 By their very nature, telecommunications installations must extend above
surrounding buildings and vegetation in order to function effectively.
Complete visual screening is therefore rarely achievable, particularly where
a clear line of sight is required for microwave transmission and effective
radio coverage. 
5.18 The fact that infrastructure is visible should not, in itself, lead to the
conclusion that it is unacceptable. 
5.19 The Appellant considers that the Planning Authority has effectively treated
visibility as synonymous with unacceptable harm. 
5.20 No meaningful consideration has been given to the extent to which the
proposal has sought to minimise its visual effects through its siting, design
and location.

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5.21  The proposed 25-metre monopole represents the minimum height capable
of maintaining the required operational functionality. The height has not
been selected arbitrarily, but is dictated by the surrounding topography,
mature tree cover and the requirement to achieve a clear line of sight to the
wider telecommunications network. 
5.22  Reducing the height of the structure would fundamentally compromise its
operational effectiveness and prevent the infrastructure from fulfilling its
intended purpose. 
5.23 Similarly, insufficient consideration has been given to the fact that
telecommunications infrastructure forms an established and essential
component of modern infrastructure. 
5.24 National planning policy recognises that advanced digital communications
infrastructure is fundamental to economic growth, social inclusion and public
safety. 
5.25 Whilst visual impacts are clearly material considerations, these impacts
must be assessed alongside the acknowledged public benefits arising from
maintaining resilient mobile communications. 
5.26  In this instance, the Planning Authority has identified visual harm but has
provided only limited analysis as to why those impacts are considered
sufficient to outweigh the significant benefits arising from maintaining and
enhancing digital connectivity within Inveraray. 
5.27 The Appellant further notes that no statutory consultee objected to the
proposal.  
Neither Historic Environment Scotland, Roads, Environmental Health nor
NatureScot raised objections which would indicate that the proposal would
result in unacceptable impacts requiring refusal. 
The absence of technical objection is significant. 
It demonstrates that the refusal ultimately rests upon the Planning
Authority's planning judgement regarding visual impact rather than any
identified technical, environmental or operational deficiency.

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5.28  The Appellant respectfully submits that the Planning Authority has therefore
afforded disproportionate weight to the perceived visual effects of the
proposal whilst giving insufficient weight to the operational evidence
submitted in support of the application and the wider policy support for
improved digital infrastructure contained within NPF4. 
When viewed in its proper planning context, the proposal represents a
carefully considered replacement telecommunications installation required
to maintain an established communications network. It has been designed
to minimise environmental effects as far as reasonably practicable whilst
meeting the operational requirements of the network. 
The Appellant therefore considers that the proposal accords with the
objectives of NPF4 Policy 24 and that the Planning Authority has erred in
concluding that the limited visual impacts identified justify withholding
planning permission. 
The approach adopted by the Planning Authority is also inconsistent with
the approach taken by Reporters in a number of Scottish
telecommunications Local Reviews, where it has consistently been
recognised that telecommunications infrastructure will inevitably be visible
within the landscape and that visibility alone does not justify refusal. Scottish
Local Review decisions have repeatedly confirmed that modern electronic
communications infrastructure is an essential component of national
infrastructure and that proposals should be assessed through an
appropriate balancing exercise, weighing any identified landscape or visual
impacts against the significant public benefits arising from maintaining and
improving digital connectivity. 
In particular consistently recognised that telecommunications infrastructure,
by its very nature, must project above surrounding buildings and vegetation
in order to function effectively. Consequently, complete screening is rarely
achievable and should not be regarded as the benchmark against which
proposals are assessed. Instead, the relevant consideration is whether
environmental impacts have been minimised as far as reasonably
practicable whilst enabling the operational objectives of the development to
be achieved. 
This approach closely reflects the objectives of NPF4 Policy 24, which
expressly supports the expansion of digital infrastructure whilst requiring
proposals to minimise environmental impacts. The policy does not require

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telecommunications infrastructure to be invisible, nor does it establish that
any identifiable visual impact should automatically outweigh the
acknowledged public benefits arising from enhanced digital connectivity. 
The Appellant respectfully submits that the Planning Authority has
effectively elevated visual impact above all other material considerations. In
doing so, insufficient regard has been given to the wider policy support for
digital infrastructure contained within NPF4, the extensive operational
justification submitted with the application, and the significant public benefits
arising from maintaining resilient communications infrastructure for
residents, businesses and emergency services. Accordingly, the Planning
Authority has failed to undertake the balanced assessment envisaged by
Policy 24, resulting in a conclusion that is neither proportionate nor
consistent with the overall objectives of national planning policy. 
Ground 3 – Insufficient Weight Given to Operational Need and Public
Benefits 
5.29  The Planning Authority accepts that the proposal is required to provide
replacement telecommunications infrastructure. However, whilst the
operational need for the development is acknowledged, the Appellant
respectfully submits that this has been afforded insufficient weight within the
overall planning balance. 
5.30 The Local Review proposal does not represent speculative infrastructure
intended to improve an already adequate level of service. Rather, it seeks
to replace an established telecommunications installation which has been
lost as a consequence of redevelopment and is essential to maintaining
continuity of coverage within Inveraray and the surrounding area. Without
the provision of a suitable replacement site, the operator will experience a
significant degradation in network coverage and capacity, adversely
affecting existing customers together with the future resilience of the
network. 
5.31 The supporting information submitted with the application clearly
demonstrates that the proposed development has been driven by
operational necessity rather than convenience. The existing
telecommunications installation has been decommissioned and can no
longer continue to serve the area. Accordingly, a replacement site is
required within a tightly constrained search area in order to replicate the

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existing coverage footprint whilst maintaining connectivity to the wider
network. 
The proposal has therefore been designed specifically to restore an
established level of service rather than introduce telecommunications
infrastructure into an area where no operational requirement exists. 
The Planning Authority's assessment appears to accept that there is an
operational requirement for replacement infrastructure but concludes that
the visual impacts outweigh the benefits of the proposal. In the Appellant's
view, this conclusion gives insufficient consideration to the significant public
benefits arising from maintaining resilient electronic communications
infrastructure. 
5.32 NPF4 recognises that modern digital connectivity is fundamental to
Scotland's economic growth, public safety and social wellbeing. Electronic
communications infrastructure now underpins a wide range of essential
services, including business operations, education, healthcare, tourism,
emergency response and everyday communication. The continued
expansion and resilience of mobile networks therefore represents an
important component of national infrastructure. 
The proposal would facilitate the continued provision of enhanced 4G and
5G services together with supporting infrastructure for the Emergency
Services Network ("ESN"). These benefits extend significantly beyond the
commercial interests of the operator and provide clear public benefits for
residents, businesses and visitors. 
The importance of resilient mobile connectivity has become increasingly
evident in recent years. Access to reliable digital infrastructure supports
economic activity, enables remote working, facilitates access to public
services and contributes to community resilience, particularly within rural
and semi-rural communities such as Inveraray. 
These public benefits attract substantial weight within the planning balance. 
The Planning Authority also appears to have afforded limited weight to the
technical evidence submitted in support of the application. 
5.33 The accompanying technical information explains that the proposed 25-
metre height represents the minimum height necessary to achieve the

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required operational coverage whilst maintaining the essential microwave
transmission path to the wider network. This height has not been selected
arbitrarily. Rather, it reflects the technical constraints associated with the
surrounding topography, mature tree cover and the requirement to achieve
an uninterrupted line of sight. 
Radiofrequency propagation is governed by physical constraints. Unlike
many other forms of development, telecommunications infrastructure
cannot simply be reduced in height or repositioned without compromising
its operational effectiveness. The proposed installation therefore reflects the
minimum engineering solution capable of delivering the required network
performance. 
The Appellant further notes that the proposal has been carefully designed
to minimise its environmental effects whilst maintaining operational
functionality. The siting of the compound, the selection of a slimline
monopole and the positioning of the installation within the identified search
area all demonstrate a conscious effort to reduce visual impacts wherever
reasonably practicable. 
NPF4 Policy 24 requires that environmental impacts are minimised. It does
not require the elimination of all visual effects, nor does it require operators
to compromise the operational functionality of the network in order to
achieve complete visual integration. 
The proposal therefore satisfies the fundamental objectives of the policy. 
5.34 It is also relevant that no statutory consultee objected to the proposal on
technical or operational grounds. Historic Environment Scotland,
NatureScot, Environmental Health and Roads all raised no objection to the
development. Consequently, the refusal rests solely upon the Planning
Authority's planning judgement regarding landscape and visual impacts
rather than any identified technical deficiency or unacceptable
environmental effect identified by specialist consultees. 
This absence of technical objection further reinforces the conclusion that
the proposal has been appropriately designed and that the principal issue
before the Local Review Body is one of planning balance rather than
technical acceptability.

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The Appellant respectfully submits that the Planning Authority has failed to
attach appropriate weight to the substantial public benefits arising from the
proposal. 
Without a replacement installation, existing network coverage within
Inveraray will be significantly diminished, affecting residents, businesses,
visitors and emergency service users alike. The proposal therefore delivers
clear social, economic and public safety benefits which extend well beyond
the interests of the operator. 
When these benefits are properly weighed alongside the limited and
localised visual impacts identified by the Planning Authority, it is respectfully
submitted that the balance falls firmly in favour of granting planning
permission. The proposal represents essential infrastructure required to
maintain an established communications network and accords with the
overarching objectives of NPF4 to support the continued expansion and
resilience of Scotland's digital infrastructure. 
Ground 4 – The Proposed Site Represents the Only Suitable, Available and
Deliverable Location 
5.35  The Planning Authority concludes that the proposed development would
adversely affect the character of the area and conflict with the aspirations
for future development. In reaching this conclusion, however, insufficient
weight has been afforded to the comprehensive alternative site assessment
submitted in support of the application and the considerable operational,
technical and legal constraints that influence the siting of
telecommunications infrastructure. 
The Appellant respectfully submits that the Local Review site was not
selected as a matter of convenience but represents the culmination of an
extensive site selection exercise undertaken in accordance with both
national planning policy and established telecommunications industry
practice. 
NPF4 Policy 24 and LDP2 Policy 44 require applicants to demonstrate that
the siting of telecommunications infrastructure has been carefully
considered and that environmental impacts have been minimised wherever
reasonably practicable. Neither policy requires an applicant to demonstrate
that every conceivable site has been exhausted, nor do they require the

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selection of a site that is technically incapable of delivering the operational
requirements of the network. 
Rather, the policy objective is to ensure that proposals achieve an
appropriate balance between operational functionality and environmental
considerations. 
The Appellant considers that this balance has been achieved in the present
case. 
5.36 The application was accompanied by a detailed Alternative Site
Assessment which examined the availability and suitability of potential sites
within the required search area. Each potential location was assessed
against operational requirements, engineering constraints, planning
considerations, land availability and deliverability. 
The assessment demonstrates that the operator has undertaken a
comprehensive and robust search for suitable alternatives before selecting
the Local Review site. 
This evidence has not been disputed by the Planning Authority. 
5.37 A key consideration throughout the site selection exercise has been the
requirement to replicate the coverage currently provided within Inveraray
whilst maintaining connectivity to the wider telecommunications network.
Unlike many other forms of development, telecommunications infrastructure
cannot simply be relocated to any available parcel of land. 
The location of a base station is dictated by radio propagation modelling,
surrounding topography, existing building form, mature vegetation, network
integration and microwave transmission requirements. 
Consequently, the search area available to the operator is inherently
constrained. 
The proposed installation must not only provide effective mobile coverage
to the target area but must also maintain the necessary line of sight to the
wider network infrastructure. Failure to achieve either objective would
prevent the installation from functioning as intended.

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The proposed 25-metre monopole has been designed to achieve these
operational requirements whilst minimising environmental effects as far as
reasonably practicable. 
The submitted technical evidence demonstrates that the proposed height
represents the minimum engineering solution capable of overcoming the
surrounding mature tree canopy and local topography whilst maintaining the
essential microwave link. 
The Planning Authority has not produced any technical evidence to dispute
these conclusions. 
Nor has it identified an alternative location capable of providing equivalent
operational performance whilst resulting in a materially lower environmental
impact. 
Particular consideration has been given throughout the determination
process to the former Roads Depot site. 
The Appellant fully acknowledges that planning permission was previously
granted for telecommunications infrastructure at this location under planning
application reference 21/02463/PP. 
However, the existence of an extant planning permission does not, in itself,
demonstrate that a site remains available or deliverable. 
As explained during the determination of the application, the operator is
unable to implement that permission owing to legal constraints affecting the
site. 
Accordingly, despite the historic planning approval, the Roads Depot cannot
reasonably be regarded as a deliverable alternative. 
The Appellant expressly advised the Planning Authority of these
circumstances during the application process. 
No evidence has been produced to demonstrate that these legal constraints
have been resolved or that the operator is capable of implementing the
previously approved scheme.

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In planning terms, an unavailable site cannot properly be regarded as a
reasonable alternative. 
Deliverability is a fundamental component of site selection. 
National planning policy seeks the delivery of functioning
telecommunications infrastructure rather than theoretical alternatives which
cannot be implemented in practice. 
The Planning Authority's assessment appears to afford limited weight to this
distinction. 
5.38 The Appellant respectfully submits that the Local Review Body should
attach significant weight to the fact that the Local Review site is presently
available for development whereas the previously approved Roads Depot
site is not. 
The Planning Authority has also afforded insufficient weight to the practical
limitations associated with telecommunications network design. 
Electronic communications infrastructure must operate as an integrated
network rather than as isolated individual sites. 
Consequently, a replacement installation must occupy a location capable of
maintaining continuity of coverage whilst integrating with the existing
network architecture. 
The proposed site satisfies these requirements. 
Alternative locations examined during the site selection exercise failed to do
so for reasons including inadequate coverage, excessive tree obstruction,
engineering limitations, insufficient available land, landownership
constraints or the inability to secure the necessary line of sight. 
These are not matters of preference but fundamental operational
constraints which directly affect the functionality of the network. 
It is also important to recognise that the proposed development has been
carefully designed to minimise its environmental effects.

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The chosen location utilises an area adjacent to existing development rather
than extending further into the surrounding landscape. 
The proposed monopole represents the minimum height capable of
delivering the required operational performance, and the associated
equipment compound has been reduced to the minimum footprint
necessary to accommodate the required apparatus. 
The Appellant has therefore sought to minimise environmental impacts at
every stage of the design process. 
5.39 In considering the proposal, the Planning Authority has not identified any
alternative site which is simultaneously: 
• operationally capable of providing the required network coverage; 
• technically capable of maintaining the necessary microwave transmission
path; 
• available to the operator; 
• legally deliverable; and 
• demonstrably less harmful in planning terms. 
Instead, the refusal effectively proceeds on the basis that another site may
exist without identifying one capable of satisfying all of these requirements.
The Appellant respectfully submits that such an approach is inconsistent
with the evidence before the Planning Authority. 
Having regard to the extensive alternative site assessment, the operational
constraints governing telecommunications development and the legal
limitations affecting previously considered sites, the Appellant considers
that the Local Review proposal represents the only suitable, available and
deliverable solution capable of maintaining the existing telecommunications
network within Inveraray. 
5.40 Accordingly, it is respectfully submitted that the proposal satisfies the
requirements of NPF4 Policy 24 and LDP2 Policy 44, having demonstrated
that the siting of the development has been carefully considered,
environmental impacts have been minimised as far as reasonably
practicable, and no preferable deliverable alternative exists. 
The Local Review Body is therefore respectfully invited to conclude that the
Planning Authority has afforded insufficient weight to the comprehensive

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site selection evidence submitted with the application and that this ground
of Local Review should be upheld. 
Ground 5 – The Planning Balance Weighs Decisively in Favour of Granting
Planning Permission 
5.41 The Planning Authority's assessment focuses predominantly upon the
perceived landscape and visual impacts of the proposal and concludes that
these impacts outweigh the benefits arising from the development. The
Appellant respectfully submits that this conclusion is based upon an
incomplete planning balance and does not properly reflect either the
objectives of National Planning Framework 4 ("NPF4") or the evidence
submitted in support of the application. 
Whilst it is accepted that the proposal will introduce a new
telecommunications installation into the landscape, this is an inevitable
characteristic of electronic communications infrastructure. The relevant
planning question is not whether the proposal will be visible, but whether it
has been appropriately sited and designed to minimise environmental
impacts whilst delivering the substantial public benefits associated with
modern digital infrastructure. It is respectfully submitted that the proposal
satisfies these requirements. 
NPF4 recognises that digital communications infrastructure forms an
essential component of Scotland's national infrastructure and is
fundamental to supporting sustainable economic growth, social inclusion
and public safety. Policy 24 is therefore a positive and enabling policy which
seeks to facilitate the expansion of digital infrastructure, provided proposals
have appropriately considered their environmental impacts. 
5.42 The Appellant considers that the Planning Authority has placed
disproportionate emphasis upon the environmental effects of the proposal
without giving corresponding weight to the policy support for maintaining
and improving telecommunications infrastructure. In doing so, the Planning
Authority has not undertaken the balanced assessment envisaged by NPF4. 
The proposal has been carefully designed to minimise its visual impact as
far as reasonably practicable. The submitted technical evidence
demonstrates that the proposed 25-metre monopole represents the
minimum height capable of achieving the operational objectives of the

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development, including maintaining the required line of sight and
overcoming surrounding topographical and vegetative constraints. 
Similarly, the siting of the installation follows a comprehensive assessment
of alternative sites, taking account of operational requirements, planning
considerations, engineering constraints, land availability and deliverability.
The Appellant has demonstrated that alternative locations were either
technically incapable of delivering the required network performance,
unavailable for development or subject to legal constraints preventing
implementation. 
Accordingly, the proposal represents the least environmentally harmful
solution capable of meeting the operational requirements of the network. 
5.43 The Planning Authority has not disputed the operational need for
replacement telecommunications infrastructure, nor has it identified any
technically suitable and deliverable alternative capable of providing the
required level of service. Rather, the refusal is based solely upon the
exercise of planning judgement in relation to landscape and visual impacts. 
The Appellant respectfully submits that this judgement fails to adequately
recognise the substantial public benefits arising from the proposal. 
The development is required to maintain established network coverage
within Inveraray following the loss of the existing telecommunications
installation. Without the proposed replacement infrastructure, network
resilience, coverage and capacity will be adversely affected, resulting in
reduced connectivity for residents, businesses, visitors and emergency
service users. 
These are significant material considerations which attract considerable
weight within the planning balance. 
The Planning Authority's assessment must also be viewed in the context of
the exceptional delay experienced during the determination of the
application. 
5.44 As set out under Ground 1, the planning context materially changed during
the prolonged determination period through the approval of adjacent
residential development. The Appellant expressly raised concerns

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regarding this issue before the application was determined and highlighted
that continued delay would fundamentally alter the planning balance. 
It is therefore respectfully submitted that the Local Review Body should
attach appropriate weight to the procedural history of the application when
considering the overall planning balance. The Appellant should not be
materially disadvantaged by planning circumstances that arose solely
because of the Planning Authority's prolonged delay in reaching a decision. 
The Appellant further submits that the Planning Authority has failed to
demonstrate that the perceived landscape and visual impacts are of such
magnitude that they justify refusing development which is otherwise
supported by national policy and delivers clear public benefits. 
5.45 Whilst the proposed mast will inevitably be visible within the surrounding
area, telecommunications infrastructure is, by its very nature, required to
project above surrounding development and vegetation in order to function
effectively. Visibility alone does not equate to unacceptable planning harm. 
The proposal has been designed to minimise environmental impacts
wherever reasonably practicable whilst maintaining operational
functionality, thereby achieving an appropriate balance between technical
requirements and environmental considerations. 
The Appellant respectfully submits that, when all material considerations are
assessed collectively, the balance falls firmly in favour of granting planning
permission. 
In particular, significant weight should be afforded to:
• the acknowledged operational need for replacement telecommunications
infrastructure; 
• the substantial public benefits associated with maintaining resilient mobile
communications and supporting enhanced digital connectivity; 
• the comprehensive alternative site assessment demonstrating that no
preferable deliverable location exists; 
• the absence of technical objections from statutory consultees; 
• the measures incorporated into the design to minimise environmental
impacts; and 
• the material prejudice arising from the Planning Authority's prolonged delay
in determining the application.

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Collectively, these considerations significantly outweigh the limited and
localised landscape and visual impacts identified by the Planning Authority. 
5.46  For the reasons set out throughout this Local Review Statement, the
Appellant respectfully submits that the proposed development accords with
the objectives of NPF4 Policies 7, 14 and, in particular, Policy 24, together
with the relevant provisions of LDP2 when read as a whole. The proposal
represents essential digital infrastructure that has been carefully designed
and appropriately sited to minimise environmental impacts whilst meeting
an identified operational need. 
The Planning Authority has afforded disproportionate weight to the
perceived visual effects of the proposal and insufficient weight to the
significant public benefits arising from maintaining and enhancing
telecommunications infrastructure. When the planning balance is
undertaken correctly, having regard to all material considerations, it is
respectfully submitted that the proposal is acceptable in planning terms. 
Accordingly, the Local Review Body is respectfully requested to allow this
Local Review and grant planning permission for the proposed development.

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6.0 Conclusion 
6.1 The determination of telecommunications proposals requires a balanced
assessment of both the environmental impacts of the proposed
development and the significant public benefits arising from the provision of
modern electronic communications infrastructure. National Planning
Framework 4 recognises the importance of resilient digital infrastructure in
supporting economic growth, public safety, businesses, residents and
visitors, whilst also requiring proposals to minimise environmental impacts
wherever reasonably practicable. It is therefore essential that all material
considerations are afforded appropriate weight when reaching a planning
decision.. 
6.2 The Appellant respectfully submits that, in this instance, the Planning
Authority has failed to undertake the balanced assessment required by
NPF4. Whilst the Officer has identified concerns regarding the visual impact
of the proposal and its relationship with the surrounding historic
environment, insufficient weight has been afforded to the operational and
technical requirements of the development, the comprehensive assessment
of alternative sites, and the substantial public benefits associated with
maintaining and enhancing the electronic communications network. 
6.3 The Appellant has demonstrated throughout the application process that the
proposed development represents the minimum engineering solution
capable of maintaining network coverage within the target area. The
proposed height has been dictated by operational necessity and the
requirement to achieve a clear line of sight above surrounding topography
and vegetation. Furthermore, an extensive assessment of alternative sites
confirmed that no other suitable, available and deliverable location exists
which would meet the operational requirements of the network whilst
resulting in a materially lower environmental impact. 
6.4    The Appellant also respectfully submits that considerable weight should be
attached to the procedural history of the application. The Planning Authority
took almost ten months to determine the application, during which time the

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planning context materially changed following the approval of adjacent
residential development. The Appellant expressly raised concerns during
the determination process that continued delay would prejudice the
application by altering the planning balance. It is therefore submitted that
the proposal has ultimately been assessed against planning circumstances
that did not exist when the application was submitted and which arose solely
as a consequence of the Planning Authority's prolonged determination
period. 
6.5 Whilst the proposed telecommunications installation will inevitably be visible
within the surrounding area, this is an inherent characteristic of electronic
communications infrastructure and should not, in itself, justify refusal. The
proposal has been carefully sited and designed to minimise its visual impact
as far as reasonably practicable whilst fulfilling the operational requirements
of the network. No statutory consultee objected to the proposal, and the
refusal rests solely upon the Planning Authority's planning judgement
regarding landscape, visual and heritage impacts. 
6.6 When all material considerations are assessed collectively, the Appellant
respectfully submits that the planning balance weighs firmly in favour of
granting planning permission. The proposal would secure the continuation
of an established telecommunications network, improve digital connectivity,
support residents, businesses and visitors, facilitate the ongoing rollout of
enhanced mobile services and deliver wider public benefits that are
recognised and supported by national planning policy. These significant
benefits outweigh the limited and localised visual impacts identified by the
Planning Authority. 
For the reasons set out throughout this Local Review Statement, the
Appellant respectfully requests that the Local Review Body allows this Local
Review, overturns the decision of Argyll and Bute Council and grants
planning permission for the proposed telecommunications installation.