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Argyll and Bute Council · 20 May 2026
Back to Planning, Protective Services and Licensing Committee — 20 May 2026 and its agenda

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Page 1

Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 605522
DX 599700 LOCHGILPHEAD 
13 May 2026 
NOTICE OF MEETING 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be
held BY MICROSOFT TEAMS on WEDNESDAY, 20 MAY 2026 at 11:30 AM, which you are
requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. MINUTES 
(a) Planning, Protective Services and Licensing Committee held on 22 April
2026 at 10.30 am (Pages 3 - 8)  
(b) Planning, Protective Services and Licensing Committee held on 22 April
2026 at 2.30 pm (Pages 9 - 12)  
(c) Planning, Protective Services and Licensing Committee held on 22 April
2026 at 3.30 pm (Pages 13 - 20) 
4. MR BRIAN MANGAN: CHANGE OF USE OF EXISTING PRIVATE/FAMILY USE
POD TO SHORT TERM LETTING ACCOMMODATION: 11 ETIVE PARK, NORTH
CONNEL (REF: 26/00161/PP) (Pages 21 - 48)  
Report by Head of Development and Economic Growth 
5. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ4 2025/26 (Pages
49 - 62)  
Report by Executive Director with responsibility for Development and Economic
Growth 
Public Document Pack

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Planning, Protective Services and Licensing Committee 
Councillor John Armour Councillor Gordon Blair (Chair)
Councillor Reeni Kennedy-Boyle Councillor Jan Brown
Councillor Audrey Forrest Councillor Kieron Green (Vice-Chair)
Councillor Amanda Hampsey Councillor Daniel Hampsey
Councillor Graham Hardie Councillor Fiona Howard
Councillor Andrew Kain Councillor Paul Donald Kennedy
Councillor Liz McCabe Councillor Dougie Philand
Councillor Peter Wallace   
Contact: Fiona McCallum                  Tel. No. 01546 604392

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 22 APRIL 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor John Armour
Councillor Jan Brown
Councillor Kieron Green
Councillor Amanda Hampsey 
Councillor Graham Hardie
Councillor Paul Donald Kennedy
Councillor Reeni Kennedy-Boyle 
Attending: Stuart McLean, Committee Manager
David Walker, Solicitor
Sandra Davies, Major Applications Team Leader
Arlene Knox, Senior Planning Officer
Francis Newton, Senior Planning Officer 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Audrey Forrest, Daniel Hampsey,
Fiona Howard, Andrew Kain, Dougie Philand and Peter Wallace. 
2. DECLARATIONS OF INTEREST 
Councillor Paul Kennedy declared a financial interest in respect of the report dealt with at
item 4 of this Minute – Civic Government (Scotland) Act 1982: Taxi Fare Scale Review. 
He advised that although he was a Taxi Driver, as no decisions were being taken on the
fares at this meeting, he would remain in the meeting for this item. 
3. MINUTES 
a) The Minute of the Planning, Protective Services and Licensing Committee held on 18
March 2026 at 11.00 am was approved as a correct record. 
b) The Minute of the Planning, Protective Services and Licensing Committee held on 18
March 2026 at 2.30 pm was approved as a correct record. 
c) The Minute of the Planning, Protective Services and Licensing Committee held on 30
March 2026 was approved as a correct record subject to the following amendments: 
Rewording of paragraph 5 at page 27 of the Agenda Pack to now read as “Mr
Anderson offered further perspective, explaining that when towing gear northwards up
the Kilbrannan Sound, sailing yachts had right-of-way over fishing vessels under
navigational rules.  He stated that fishing vessels could not move eastward due to the
presence of hard rock and therefore could not avoid the fish farm site easily when
meeting other marine traffic.  He also noted that while creelers used static gear in
some circumstances, towing gear near the fish farm created substantially more risk
than working with static gear.” 
Change “she” to “he” at the beginning of the 2nd sentence of the 2nd paragraph at page
28 of the Agenda Pack. 
Page 3 Agenda Item 3a

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4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE
REVIEW 
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the local authority
requires to fix maximum fares and other charges in connection with the hire of taxis
operating in their area.  The fares were last reviewed by Members on 18 December 2024
and took effect on 22 April 2025.  The next fare scale will need to come into force in
October 2026. 
Consideration was given to a report seeking approval of the commencement of the next
review of taxi fares and other charges. 
Decision 
The Committee agreed: 
1. to commence the review of fares in order that this could be completed within the 18
months required in terms of the Act; and 
2. that the consultation required in terms of the Act would be in writing. 
(Reference: Report by Executive Director with responsibility for Legal and Regulatory
Support dated 22 April 2026, submitted) 
5. ESB ASSET DEVELOPMENT (UK) LTD: SCOTTISH GOVERNMENT
SECTION 36 CONSULTATION FOR WEST TORRISDALE WIND FARM
COMPRISING OF UP TO 9 WIND TURBINES WITH A TIP HEIGHT OF UP
TO 149.9 METRES WITH A PREDICTED OUTPUT OF UP TO 6 MW PER
WIND TURBINE, INSTALLATION OF BATTERY ENERGY STORAGE
SYSTEM (BESS) OF UP TO 20 MW OF ENERGY STORAGE AND
ANCILLARY INFRASTRUCTURE: TORRISDALE (REF: 25/00043/S36) 
The Senior Planning Officer spoke to the terms of the report which provided a
recommended response to the Scottish Government’s Energy Consents Unit (ECU)
Section 36 Consultation for West Torrisdale Wind Farm. 
This report reviews the policy considerations which are applicable to this proposal and the
planning merits of the development, the views of bodies consulted by the Scottish
Government along with other consultations undertaken by the Council, and third party
opinion expressed to the Scottish Government. 
The Committee was asked to agree the recommended response to the ECU set out in the
report. 
Decision 
The Committee agreed that the ECU be notified accordingly that: 
1. Argyll and Bute Council objected on the grounds that the proposal would have an
unacceptable significant landscape and visual impact upon residents and the integrity
of the East Kintyre Local Landscape Area contrary to the provisions of National
Planning Framework 4 (NPF4) Policy 4d and 11e and Argyll and Bute Local
Development Plan 2 (LDP2) Policy 71 – Development Impact on Local Landscape
Areas and Argyll & Bute Landscape Wind Energy Capacity Study. 
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2. Argyll and Bute Council objected on the grounds that the Applicant had failed to
resolve SEPA’s holding objection and that the proposal would therefore have an
adverse impact on peat contrary to the provisions of Policies 11 – Energy, 3
Biodiversity, 5 – Soils and Policies 30 – The Sustainable Growth of Renewables and
79 – Protection of Soil and Peat Resources of LDP2. In the event that consent was
granted it was expected that any conditions recommended by NatureScot, SEPA,
RSPB Scotland, the Argyll District Salmon Fishery Board and the Local Biodiversity
Officer were attached to the consent. 
3. Argyll and Bute Council objected on the grounds that the Applicant had failed to
resolve Highlands & Islands Airports holding objection and that the proposal would
therefore have an adverse aviation impact contrary to the provisions of Policy 11 –
Energy of NPF4 and Policies 30 – The Sustainable Growth of Renewables and 43 –
Safeguarding of Aerodromes, of the LDP2. 
4. Argyll and Bute Council objected on the grounds that the Applicant’s Peat Landslide
Hazard Risk Assessment had failed to satisfy Ironside Farrar and that the proposal
would have an adverse Peat Landslide Hazard contrary to the provisions of Policies 11
– Energy, 3 Biodiversity, 5 – Soils and Policies 30 – The Sustainable Growth of
Renewables of and 79 – Protection of Soil and Peat Resources of LDP2. 
5. Argyll and Bute Council objected on the grounds that the Applicant had failed to satisfy
the requirements of Scottish Forestry and that the proposal would have an adverse
impact on Forestry contrary to the provisions of Policies 11 – Energy and 6 – Forestry,
woodland and Trees of NPF4, and Policies 30 – The Sustainable Growth of
Renewables; 77 – Forestry, Woodland and Trees and 78 – Woodland Removal of the
LDP2. 
6. Argyll and Bute Council had no objection in respect to archaeological impact, subject
to a condition to secure a written scheme of investigation being attached to any grant
of consent. 
7. Argyll and Bute Council had no objection in respect to Biodiversity Impact, subject to
conditions to secure the recommendations of the Local Biodiversity Officer on the
Revised Outline Habitat Management Plan and the Species Protection Plan being
attached to any grant of consent. 
8. Argyll and Bute Council had no objection in respect to noise impact, subject to suitably
worded conditions to secure a BS4142 assessment for the BESS, limit the noise
levels, tonality, and amplitude modulation (operational turbine noise and amplitude
modulation conditions) to control noise levels from the proposal and provide
appropriate noise mitigation as recommended and agreed by the Council’s Noise
Consultant. 
9. Argyll and Bute had no objection in respect to flood risk subject to conditions to secure
the recommendations of the Flood Risk Assessor being attached to any grant of
consent: 
• Watercourse crossings should be designed to convey the 1 in 200 year plus climate
change (56% allowance) flood event.
• Surface water drainage is designed in accordance with CIRIA C753 and ensures
that post development surface water runoff does not exceed the pre-development
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surface water run-off, the surface water drainage should be in operation prior to
construction 
10. Argyll and Bute Council had no objection in respect to Access subject to a condition to
secure the recommendation of the Access Manager being attached to any grant of
consent: 
• Outdoor Access Plan to be submitted and agreed in writing by the Council prior to
the commencement of development. 
11. Argyll and Bute Council requested that all conditions recommended by other
consultees were included in any Consent. 
NOTE – Should any of the above matters be resolved to the satisfaction of the relevant
consultees Argyll and Bute Council’s objection may be treated as withdrawn. 
(Reference: Report by Head of Development and Economic Growth dated 9 April 2026,
submitted) 
6. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC (SSEN
TRANSMISSION): PROPOSAL OF APPLICATION NOTICE FOR
DEVELOPMENT OF ELECTRICITY SUBSTATION ON A NEW SITE TO
REPLACE THE EXISTING ARDNADAM STATION: DUNOON ELECTRICITY
SUB STATION, HIGH ROAD, SANDBANK (REF: 26/00366/PAN) 
The Senior Planning Officer spoke to the terms of the report. 
The site comprises two distinct parts linked by the A885, High Road, which is also
included as part of the red line boundary.  The western part of the site forms the existing
Ardnadam Substation which is served by a vehicular access from the A885.  The Local
Development Plan 2 (LDP2) designates this land as Countryside Zone.  The southern part
of the site lies to the north of the existing junction with the A885 High Road and Ferry
Road.  This location is identified for the proposed new substation.  The LDP2 designates
this land as a Strategic Economic Investment Location for industry, business and storage
(Allocated Business Site BI-AL-2/2).  These are key locations to promote HIE Priority
Sectors to be safeguarded from inappropriate uses. 
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date.   
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that the following matters be
given consideration in finalising any future planning application submission – 
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1. Investigate whether Policy 21 of Local Development Plan 2 – Sites of Archaeological
Importance would be of relevance in respect of any future planning application. 
2. In respect of future use of the site where the existing substation is, investigate if there
has been any contamination of the land. 
3. Investigate if any significant peat deposits could impact the Holy Loch. 
(Reference: Report by Head of Development and Economic Growth dated 7 April 2026,
submitted)
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 22 APRIL 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor John Armour
Councillor Kieron Green
Councillor Amanda Hampsey 
Councillor Graham Hardie
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand 
Attending: Stuart McLean, Committee Manager
David Walker, Solicitor
Alan Linden, Applicant
Sergeant Ben Rusden, Police Scotland 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Jan Brown, Audrey Forrest, Daniel
Hampsey, Fiona Howard, Andrew Kain, Paul Kennedy and Peter Wallace. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR
GRANT OF A TAXI DRIVERS LICENCE (A LINDEN, GLASGOW) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant opted to proceed by way of audio
call and Mr Linden joined the meeting by telephone. 
Sergeant Ben Rusden from Police Scotland also opted to proceed by way of audio call
and joined the meeting by telephone. 
The Chair outlined the procedure that would be followed and invited the Applicant to
speak in support of his application.   
APPLICANT 
Mr Linden referred to the 2 convictions he had and said that these were from 13 and 14
years ago.  He advised that he’d had no other convictions since then.  He commented that
these were past offences and that he had been punished at Court.  He said he was
disqualified from driving, had to re-sit his driving test, and had incurred additional costs in
respect of future car insurances. 
He reiterated that the offences were in the past and that he was not the same person as
he was back then.  He added that he was not proud of the offences and confirmed that
they had occurred. 
QUESTIONS FROM POLICE 
Sergeant Rusden confirmed that he had no questions. 
Page 9 Agenda Item 3b

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POLICE SCOTLAND 
Sergeant Rusden referred to a letter of representation dated 2 March 2026 which advised
of the details of convictions the Applicant received at Court on 20 January 2015 and 10
September 2015 in relation to Road Traffic Offences which occurred on 26 July 2013 and
15 June 2012, and he explained the circumstances of these. 
QUESTIONS FROM APPLICANT 
Mr Linden confirmed that he had no questions. 
MEMBERS’ QUESTIONS 
Councillor Kennedy-Boyle sought and received confirmation from the Council’s Solicitor
that in terms of Section 2 of the application form, the offences were considered “spent” but
were not “protected”. 
Councillor Green sought and received confirmation from the Council’s Solicitor that the
Applicant should have included those offences on his application form. 
Councillor Green sought and received confirmation from Mr Linden that he did not know
what to include on the application form at Section 2.  He explained that he had completed
a Freedom of Scotland search to find out about his previous convictions, but nothing had
been highlighted.  He said that he knew he had convictions but could not recall the dates
as they were so long ago. 
Councillor Kennedy-Boyle referred to Section 5 of the application form and advised that
she had noted that Mr Linden had indicated that he had held a driver’s licence for 25 years
and 6 months.  She commented that this suggested Mr Linden had missed out the years
he had been disqualified, and she sought clarification from Mr Linden in this respect.  Mr
Linden explained that following his convictions he still held a driving licence but was
disqualified from using it until he had sat and passed an extended driving test. 
Councillor Kennedy-Boyle sought and received confirmation from Mr Linden that he had
experience of driving for extended periods of time as part of previous employment.  She
also asked why he was applying for a licence in Argyll and Bute and not anywhere else,
having noted that he lived in Stepps. 
Mr Linden advised that he was originally from Dumbarton and that he would rather drive in
a quieter area than in the city.  He said he knew the Helensburgh area better than the
areas of Glasgow. 
Councillor Kennedy-Boyle received confirmation from Sergeant Rusden that Police
Scotland had an obligation to highlight previous convictions and any risks or concerns and
that was why they had submitted a letter to the licensing authority in respect of this
application. 
Councillor Blair referred to the incident in June 2012 which led to Mr Linden’s conviction,
specifically for driving a vehicle on the M8 at 100 miles per hour and undertaking vehicles. 
Councillor Blair asked Mr Lindon if driving in this manner was due to any particular
circumstances.  Mr Lindon said it happened in the middle of the night.  He advised that
there were no reasons for it and that it had been stupidity on his part.  He said that he had
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done nothing wrong since then and that this was one of those things he should not have
done. 
Councillor Blair sought and received confirmation from Mr Linden that he had never been
involved in any accidents. 
Councillor Green sought and received confirmation from Sergeant Rusden that the letter
from Police Scotland was considered a representation and not an objection, which,
Sergeant Rusden said would have been more specific in nature. 
Councillor Blair sought and received confirmation from the Council’s Solicitor that there
had been no review of the current layout of the application form. 
Police Scotland 
Sergeant Rusden advised that the 2 convictions noted from 2012 and 2013 showed a
pattern of behaviour of dangerous driving with the circumstances around these being
presented. 
Applicant 
Mr Linden advised that both charges had been a long time ago and that he did not see
them as a pattern of his behaviour now.  He said that he’d had no offences since then and
that he was not proud of them. 
When asked, both parties confirmed that they had received a fair hearing. 
DEBATE 
Councillor Green said he was confident that these offences had happened quite a number
of years ago.  Considering the age of the Applicant at that time and noting that he had not
been in any trouble since then, he said he did not think the Committee should reject this
application. 
Councillor Blair said he agreed with Councillor Green.  He pointed out to Mr Linden that it
was important to have good quality drivers in Argyll and Bute and that the Committee took
the safety of its citizens seriously.  He said the obligation would be on Mr Linden to
continue his record of the last few years. 
Councillor Kennedy-Boyle said she was also minded to support the application.  She
advised that she appreciated the seriousness of the convictions when they occurred but
believed that sufficient time had passed, with Mr Linden’s record being clean since then. 
She noted that Mr Linden had experience of driving professionally as part of previous
occupations and she advised that she echoed Councillor Blair’s comments.  She referred
to the introduction of Project 20 in the area for reasons of safety and said she expected Mr
Linden to take his part in the safety of the roads. 
DECISION 
The Committee agreed to grant a Taxi Drivers Licence to Mr Linden and noted that he
would receive written confirmation of this within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted)
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 22 APRIL 2026 
Present: Councillor Gordon Blair (Chair) 
Councillor John Armour
Councillor Kieron Green
Councillor Amanda Hampsey 
Councillor Graham Hardie
Councillor Reeni Kennedy-Boyle
Councillor Dougie Philand 
Attending: Stuart McLean, Committee Manager
David Walker, Solicitor
Malachi Leiper, Applicant
Sergeant Ben Rusden, Police Scotland 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Jan Brown, Audrey Forrest, Daniel
Hampsey, Fiona Howard, Andrew Kain, Paul Kennedy and Peter Wallace. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR
GRANT OF A METAL DEALERS LICENCE (M LEIPER, LOCHGILPHEAD) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant opted to proceed by way of audio
call and Mr Leiper joined the meeting by telephone. 
Sergeant Ben Rusden from Police Scotland also opted to proceed by way of audio call
and joined the meeting by telephone. 
The Council’s Solicitor referred to a preliminary matter and advised that Police Scotland
had requested the Committee take account of a number of matters which were considered
“spent” in terms of the Rehabilitation of Offenders Act 1974.  It was noted that the
Committee may take into consideration evidence relating to “spent” matters where they
were satisfied that justice could not be done except by admitting such evidence. 
The procedure that would be followed in this respect was outlined by the Council’s
Solicitor and the Chair invited Sergeant Rusden to address the relevancy of the “spent”
matters. 
Police Scotland 
Sergeant Rusden referred to the dates and the number of these spent convictions and
said that he felt it was important that the Committee were fully appraised of these. 
The Chair then invited the Applicant to ask Police Scotland questions and to address the
relevancy of the “spent” matters to his application.
Page 13 Agenda Item 3c

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Applicant 
Mr Leiper said he had no questions and confirmed that he was content for the convictions
to be disclosed. 
The Chair invited Police Scotland to comment on the Applicant’s submission. 
Police Scotland 
Sergeant Rusden advised that he had nothing further to add at this time. 
The Chair then invited Members to ask questions and determine the relevancy of the
“spent” convictions. 
Members’ Question and Debate 
Councillor Kennedy-Boyle sought and received confirmation from Mr Leiper that he was
comfortable with the Committee having oversight of his spent convictions. 
The Committee agreed that justice could not be done without admitting the “spent”
convictions into the process due to the number of them spanning a number of years.  A
letter dated 24 March 2026 from Police Scotland outlining the detail of the “spent”
convictions was circulated. 
After a brief adjournment the Committee reconvened at 4.00 pm. 
The Chair outlined the hearing procedure that would be followed and invited the Applicant
to speak in support of his application. 
APPLICANT 
Mr Leiper said this was his first time applying for a Metal Dealer’s Licence.  He advised
that he was currently employed delivering fruit and vegetables.  He said that his dad and
granddad had worked for many years in the scrap metal business and that was something
he wanted to do for himself.  He said that he had bought premises to run his business
from and that he had applied for relevant licences and permissions from SEPA and the
Council’s Planning Service.  He said that he had experience of working with scrap cars for
around 20 years and that he was going through the correct channels to make everything
legal. 
He referred to a couple of previous convictions from his earlier years and explained the
circumstances of each of these.  He advised that his most recent conviction was in
relation to being stopped while driving his work van and the vehicle was found to have
bald tyres.  He said he attended Court on 20 April 2026 and received 3 penalty points and
a fine. 
He also advised of other previous convictions and explained the circumstances of each of
these. 
QUESTIONS FROM POLICE 
Sergeant Rusden advised that he had no questions.
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POLICE SCOTLAND 
Sergeant referred to a letter dated 24 March 2026 which advised that the Chief Constable
objected to this application on the grounds that the Applicant was not a fit and proper
person to be the holder of the licence by virtue of an incident which took place on 22 April
2025.  He noted that this issue had now been resolved at Court as intimated by Mr Leiper. 
Sergeant Rusden also referred to a separate letter dated 24 March 2026 which advised of
a number of convictions the Applicant had which were considered “spent” in terms of the
Rehabilitation of Offenders Act 1974.  These related to incidents which took place on 1
March 2008, 9 February 2008, 10 February 2008, 20 April 2010, 15 August 2013, various
dates between January 2010 and December 2016, and on various dates in July 2023 and
he explained the details of each of these. 
QUESTIONS FROM APPLICANT 
Mr Leiper advised that he had no questions. 
MEMBERS’ QUESTIONS 
Councillor Blair referred to the number of convictions Mr Leiper had and asked if he had
ever undertaken an anger management course in view of his conduct.  Mr Leiper advised
that along with a prosecution in respect of one his offences he also had to attend an anger
management course. 
Councillor Blair asked Mr Leiper if he felt attending this course had worked.  Mr Leiper
referred to being hot headed at the time of the incident.  He said that having undertaken
the anger management course he realised it was better to walk away and that it was not
worth the results of his actions that followed.  He said that since then he always walked
away from any potential altercations. 
Councillor Green referred to an incident from April 2010 which involved the theft of alcohol
and cash.  He asked Mr Leiper if that was all that had been taken.  Mr Leiper explained
that he had been with 2 people and that he had not entered the premises but the stolen
goods had been brought back to his flat where there was a party going on.  He said it was
a stupid and reckless thing to do and confirmed that it was just cash and alcohol that had
been taken. 
Councillor Green sought and received confirmation from Mr Leiper that this was the only
time he had been involved in an acquisitive crime.  Mr Leiper advised that since then he
had tried to keep on the right side of the law. 
Councillor Green sought and received confirmation from Sergeant Rusden that he was
only aware of one record of acquisitive crime linked to Mr Leiper. 
Councillor Kennedy-Boyle referred to Mr Leiper currently working full time delivering fruit
and vegetables.  She asked Mr Leiper what his motivation was for changing careers and
moving to this area of business.  Mr Leiper said that he has been in his current
employment, working for the same company for 8 years.  He said that he has been
involved with scrap cars for 20 years since he was young with his dad and granddad.  He
advised that he has always enjoyed working with engines and that when he was younger
he wanted to own his own garage and scrap yard as this was the way he was brought up. 
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He said it would not be a career change as it has always been something he has been
involved with.  He advised that he would continue to work in his current employment as
this job was always finished by lunch time. 
Councillor Kennedy-Boyle referred to the important industry Mr Leiper wished to be part of
on a part time basis and commented that there were a lot of serious obligations in respect
of health and safety, the environment etc in this line of work.  She noted that Mr Leiper
had mentioned that he had engaged with SEPA and Planning regarding the premises he
had secured.  She asked Mr Leiper if he could outline what his understanding was of the
obligations he would have as a metal dealer.  Mr Leiper advised that he had done
research on the internet to find out what was required.  He said that he had approached
SEPA about what the rules and regulations were in terms of keeping good records in
respect of waste management, goods coming in and going out, and protecting the
environment.  He said he wanted to keep on the right side of the law and had approached
all the relevant agencies to assist him with opening up a metal dealer’s business. 
Councillor Kennedy-Boyle sought confirmation from Mr Leiper that although he had been
involved and been around dealing with scrap metal for some time on an informal basis, he
had no experience of meeting the legal obligations, the health and safety obligations, and
environmental obligations connected to this industry, but he was engaging with various
agencies in the hope that he would be able to achieve that on a more formal basis. 
Mr Leiper replied yes and no.  He said that he had a SEPA licence to carry waste metals
but needed a different licence to meet the regulations for opening a yard. 
Councillor Philand referred to Mr Leiper’s multiple convictions and asked Mr Leiper what
he had learnt as a person about his behaviour over the last few years.  Mr Leiper said his
previous convictions went back to 2008 when he was 17 years old.  He said he had a car
and at that time he thought he was invincible.  He also did not have any children then and
he got in with the wrong crowd.  He advised that he did not get on well at school and left at
16 years and was always a worker.  He advised that he was 36 years old now and that he
was ashamed of his past offences which, he said, were mainly assaults and breaches of
the peace.  He said that looking back he had been hindered by these moving forward and
that they had not been worth it.  He said he wanted to look to the future now and set a
good example to his children and to work hard to get to where he wanted to be in life. 
Mr Leiper acknowledged that the convictions did not look good.  He said they were all
from earlier in his life and that he was trying to get past these and move on.  He said he
could not change the past but wanted to do everything for his children and be a better role
model for them.  He said that he had always wanted to own a scrap yard and work with his
children like he did with his dad when he was young. 
Councillor Blair sought and received confirmation from Mr Leiper that he believed he was
in a better place now.  Mr Leiper said that his mum and dad worked hard when he was
young and he could remember them working in all weathers.  He said that roles had
reversed now and the lorries were newer and that he had progressed from having one
lorry to 4 lorries.  He advised that going forward he was in a better place now than where
he was 5 years ago. 
Councillor Armour referred to the conviction in 2023 in relation to incidents which took
place between January 2010 and December 2016.  He asked Sergeant Rusden why it
had taken so long to bring these offences to Court.  Sergeant Rusden explained that these
were domestic abuse offences.  He advised it could take years for these types of offences
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to surface as a victim may not have been able to reach out until they had reached a crisis
point or separated from their partner.  He advised that he was not saying that was the
case here but this was in general terms.  He advised that once an offence of this nature
was made known to them it could take years to carry out investigations and make
enquiries. 
Councillor Armour sought and received confirmation from Sergeant Rusden that the
offences Mr Leiper committed between 2010 and 2016 related to an ex-partner that he
had two children with and were initially reported in 2019. 
SUMMING UP 
Police Scotland 
Sergeant Rusden provided a brief summary of each of the offences which ranged from,
non-compliance, dangerous driving, loss of self-control, dishonesty, and domestic abuse. 
He advised it was for the Committee to decide what had changed in terms of Mr Leiper’s
behaviour since these offences. 
Applicant 
Mr Leiper advised that some of these convictions had happened 13 years ago.  He
advised that the most recent one was in relation to swearing at children and he said he
was not aggressive.  He explained that his current partner had two children that were
always bickering and fighting and that he had shouted out at them.  He referred to his
driving conviction which, he said was many years ago and that he had got in with the
wrong crowd.  He advised that he was trying to move on with his life.  He said he felt he
had matured.  He advised that he had a fiancée, a house, his children were getting older,
and that he was trying to achieve his goals in life.  He said he personally felt he had
matured as he had gotten older and compared to when he was 18 years old, he was in a
better place. 
When asked, both parties confirmed that they had received a fair hearing. 
DEBATE 
Councillor Blair sought and received confirmation from the Council’s Solicitor that if there
was a breach of any of the conditions for this type of licence it could be reported to the
licensing team and this would be investigated and brought to the Committee’s attention as
soon as possible for review.  The Council’s Solicitor also confirmed that if the application
was refused today, Mr Leiper would not be able to reapply for 12 months. 
Councillor Green said he had not reached a final view at the moment.  He commented that
this was an application for a Metal Dealer’s licence and he was not sure if any of the
offences fully related to this type of work.  He noted that many had taken place some time
ago and on only one occasion was this linked to acquisitive crime.  He said that gave him
some confidence in the suitability of the Applicant.  He advised that the record did speak
clearly for itself and that the Applicant did have a history but he was not sure how relevant
this would be to running a metal business.  He said he would be interested to hear what
other Members thought. 
Councillor Blair advised that looking at Mr Leiper’s criminal record, he had taken some
comfort from the comments and frankness from Mr Leiper who had made clear his
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position, stating that he was wiser now with a better outlook on life.  He said he was
concerned about whether the planning and environmental health side of things would be
complied with.  He noted the number of times Mr Leiper had broken the rules before and
he said he would be concerned about providing a licence to someone who may break the
rules again.  He commented that it was quite an important role in the community in respect
of recycling materials.  On balance he said he would be happy to give his support to this
new business with the warning that Council Officers and other professionals would be able
to check if all the rules and regulations where being complied with and that it would be up
to Mr Leiper to comply with the rules and regulations stipulated.  He advised that he was
tempted to support the application knowing full well that if the licence was approved it
could be taken away very quickly. 
Councillor Kennedy-Boyle said she would wait to hear from all Members.  She advised
that she did have concerns regarding non-compliant behaviour and understanding and
following the serious obligations which would be required under the Metal Dealer’s
licence.  She said that the impact in terms of not following those obligations, particularly
around health and safety, would be very dangerous and the impact would not be great for
people in and around the area if things were not followed correctly.  She advised that in
the event obligations were not followed then there could be very serious consequences for
people and the environment.  She noted that Mr Leiper had been very candid in setting
out ways he was trying to change his behaviour but, she advised, she still had concerns
about granting the licence. 
Councillor Philand said this was classic case of the past catching up with a person.  He
questioned whether Mr Leiper should be penalised for at least attempting to do something
to better himself.  He said he understood the worries about the regulations, but noted that
there were Officers employed to keep an eye on that.  He said he was reassured by the
Council’s Solicitor advising that if there were any issues then it could be brought back to
the Committee very quickly.  He said he was a great believer in giving someone a chance,
particularly a young person with a young family that hoped to take on a business he had
experience of.  He said he could not condone the past behaviour but he advised that Mr
Leiper had given enough reassurance that these were silly and stupid things he had done
as a young boy.  Councillor Philand said he would be willing to support the application with
the safeguards outlined by the Council’s Solicitor. 
Councillor Blair said he would propose accepting this application.  He said he was content
there were safeguards in place that if there were any issues it could come back to the
Committee to be dealt with promptly.  He said he had no reason to doubt Mr Leiper. 
Councillor Philand said he would second this proposal. 
Councillor Armour said he would also be happy to support the application.  He noted that
a lot of points had been made and commented that Councillor Green had summed up
what went on in the past in respect of whether any of these offences would preclude
someone from this type of business. 
Councillor Hardie also confirmed he would be happy to support the application. 
Councillor Kennedy-Boyle said she would not be looking to put up an amendment but was
assured that her comments would have been noted. 
Councillor Green advised that on balance he thought the Committee should be supporting
this and that he was happy to go with Councillor Blair’s suggestion. 
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DECISION 
The Committee agreed to grant a Metal Dealer’s Licence to Mr Leiper and noted that he
would receive written confirmation of this within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted and Letter from
Police Scotland dated 24 March 2026, tabled)
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of
the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 26/00161/PP
Planning Hierarchy: Local
Applicant: Mr Brian Mangan
Proposal: Change of use of existing private/family use pod to short term
letting accommodation
Site Address:  11 Etive Park, North Connel, PA37 1SJ    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Change of use of existing accommodation pod to short-term-let use 
(ii) Other specified operations
• None 
(B) RECOMMENDATION: 
It is recommended that planning permission be granted subject to the conditions
and reasons appended to this report. 
(C) CONSULTATIONS:   
Scottish Water           Consulted 05.02.2026    Response 10.02.2026
No objection, no further comment 
Roads Authority         Consulted 05.02.2026    Response 06.02.2026
No objection. The proposal is situated off the UC117 Etive Road within a rural
30mph speed restriction. Parking for one vehicle for the pod is to be provided. 
Officer Comment: The Site Plan shows allocated parking for one vehicle to serve
the accommodation pod to the front of the dwelling. The Area Roads Officer
confirms that the dwellinghouse fronts onto an unadopted section of road and that
there is sufficient parking at the dwelling to serve the accommodation pod and
occupants of the dwelling. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Environmental Health   Consulted 05.02.2026   Response: 18.02.2026
No Objection. The Civic Government (Scotland) Act 1982 (Licensing of Short-
term Lets) Order 2022 will require the host of any new short-term let to apply to
the Council for a licence. Conditions applied to short-term let licences are
intended to address noise and antisocial behaviour from the operation of short-
term lets. 
Officer Comment: Note to Applicant appended to this report. 
(D) HISTORY:   
22/00938/PP - Extension of roof and erection of first floor balcony. Granted
06.07.2022. (Not implemented) 
96/00054/DET – Erection of garage. Granted 21.03.1996 
(E) PUBLICITY:   
Oban Times  Published 19.02.2026     Expired 12.03.2026 
(F) REPRESENTATIONS:   
11 objections and one neutral representation have been received in response to
this application. 
These representations are summarised below: 
Neutral:
Oban District Access Panel, 25.02.2025 
• The Panel note that the restrictions imposed by the constrained size and
structure of the unit and the stepped access would not achieve a
satisfactory accessible/disabled friendly unit. The panel would welcome
the Applicant to consider an inclusive design. 
Officer Comment: Comments duly noted and have been included for the
awareness of the Applicant. To note the pod is in situ and no built development
is proposed. 
Objections:
• Alistair Anderson, 12 Etive Park, North Connel. 19.02.2026;
09.04.2026
• John Anderson, 3 Woodbines Avenue, Kingston-Upon-Thames, KT1
2AZ. 08.03.2026
• Margaret Anderson, 42 Cruachan Cottages, Taynuilt, PA35 1JG.
10.03.2026
• David Bleazard, 12A Etive Park, North Connel, 25.02.2026
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
• Ann Buchanan, Straithaird, Connel, 27.02.2026
• Hugh Buchanan, 3 Kincraig Terrace, Inverness, IV3 8RP. 10.03.2026
• Kathleen Buchanan, 12 Etive Park, North Connel. 19.02.2026 &
10.03.2026
• Mary Buchanan, 8 Foxhills Place, Glasgow, G23 5NG. 10.03.2026
• Lisa Cawood, 42 Cruachan Cottages, Taynuilt, PA35 1JG. 10.03.2026
• William Green, 4 Etive Park, North Connel, 24.02.2026
• Leanna Macaulay, 8 Etive Park North Connel. 12.02.2026
Objections (summary) 
The key concerns raised in response to this application concern residential
amenity, siting and design, and road safety. A summary of issues raised is as
follows: 
Residential Amenity 
Privacy & Security
• The pod is accessed via a path which runs the length of the boundary
between Nos. 11 and 12. 
• The development would result in a continuous interface of activity along
the boundary. 
• The pod is higher than the dividing fence and guests will be able to see
over the fence and into the windows of No. 12.
• The development will cause alarm to the occupants of No. 12 as they will
be overlooked and overheard by strangers/ transient visitors.
• A two-night minimum stay will result in a continuous cycle of new
occupants and an unpredictable presence of strangers.
• The development will give rise to a severe and continuous loss of privacy
due to the proximity of the development.
• A new access gate and path, through the communal woodland, has been
created, giving rise to security and privacy concerns. 
Officer Comment: An increase in fence height to 1.8m will remove overlooking
between the rear gardens of Nos. 11 and 12 Etive Park. A partial increase in
fence height to the front boundary will reduce potential overlooking of the closest
habitable room of No.12. 
There are no shared private or semi-private spaces or access arrangements
that would be impacted by this development. Users of the pod will in effect be
guests of the host dwelling and therefore known through the booking details.
The potential for interactions within the public street with non-residents as a
result of this development would not be of significant intensity to disrupt the
established residential character. 
Externally there is a designated semi-enclosed amenity area for guests, set
away from the boundary fence, and looking out towards the adjoining woodland.
It is not considered that use of this space by guests would significantly impact
residential amenity. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
The woodland does not form part of the application site. Whilst it is
acknowledged that there appears to be a community agreement or responsibility
in place to maintain the woodland, it is still publicly accessible. The proposed
change of use may lead to an increase in people enjoying the woodland,
however it is unlikely to be of a significant volume to cause undue disturbance to
residents. 
Noise disturbance, odour, and light pollution
• The development introduces a significantly more intensive and
fundamentally different pattern of use
• As a short-term-let it is reasonable to assume an intensified noise
disturbance 
• The occupants of no.12 work from home and so will be acutely aware of
any disturbance and be distracted from work.
• Disturbance from car doors, engines, headlights and from talking, phones,
consuming alcohol, BBQs etc by strangers 
Officer Comment: It is accepted that this development would increase the use
of the site, but it is the opinion of the Officer that the proposed use would not
lead to any material loss of amenity, given the scale of the development.
Residential amenity is further considered in the main assessment. 
Antisocial Behaviour
• There is a strong likelihood of antisocial behaviour by holiday makers who
will be using the pod during unsociable hours.
• Neighbours will be reliant on the host to manage behaviour
• This is a Bad Neighbour Development for the local community and a Bad
Neighbour Development in reverse for guests.
Officer Comment: It is unlikely that antisocial behaviour would be typical given
the nature and scale of the development. As owner-occupier of the host
dwelling, the Applicant would have oversight of the use of the pod including a
responsibility to dispel anti-social behaviour via the Short-Term-Let License
(outwith Planning Control). 
Siting, Design, and Character 
• The proposed development is incompatible with the character and
functioning of private residential cul-de-sac
• The development would increase footfall, introduce transient visitors into
shared private spaces and change the quiet residential character into a
quasi-tourist space
• Short-term-let use would go well beyond what could reasonably be
expected from ancillary residential use and would materially harm the
living conditions of neighbouring residents.
• The garden of No. 12 is slightly higher level than the site 
• Any letting pod that is over 3 meters in height should be sited more than
2 meters from the nearest boundary.
• The submitted plans do not accurately represent scale and proximity
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
• The site is too constrained to accommodate a separate visitor
accommodation unit. 
• This pod is sited within very close proximity to neighbours, with one
window facing the neighbour’s private garden
• Obscured glazing on the windows does not address the wider amenity
impacts 
Officer Comment: The size and siting of the pod is in accordance with Class
3A of the Householder Permitted Development Rights (PDR). The design of the
pod is consistent with timber hut design, and not dissimilar to modern sheds and
ancillary units found in many domestic gardens. Nonetheless, this application is
for the change of use of the unit, rather than the design itself. Whilst the
proposed change of use to short-term holiday let accommodation is materially
different to the existing use of ancillary accommodation the development is not
considered to represent a significant intensification of use at the site to warrant
a refusal to this application. 
There is a defined guest amenity area away from the boundary fence, which will
help to mitigate disturbance at the boundary. Further, the Applicant is required
to demonstrate sufficient noise mitigation measures within the Operational
Management Plan, as required by planning condition. 
Site ground levels have not been provided as part of this application. However,
the Officer observed the ground level within the rear garden of No. 12 Etive Park
has a slight upwards slope towards the rear boundary. The aforementioned
increase in fence height should be measured from the adjoining ground. 
Siting
• Commercial glamping pods are typically ancillary to a hotel, within a
designated caravan park, or in rural areas with ample green space
• The development represents an intensification of use and potential
overdevelopment of the plot. 
Officer Comment: The siting of the pod and associated patio area and fencing
are well accommodated within the wider garden plot. 
Boundary Screening
• Attaching a trellis to the existing fence would not be a suitable privacy
screen 
• A high solid fence would also result in loss of light to my garden. 
• Fencing would not address noise or activity associated with the use of the
pod.
• Even if the boundary fence were increased to around 2 meters in height,
the pod would still remain significantly higher and occupants would
continue to have clear views over the fence into my garden and windows. 
Officer Comment: An increase in the existing fence height between the two
properties is proposed to address privacy and overlooking concerns directly
associated with guests using the garden path which runs parallel to the
boundary fence. The purpose of the fence is not to screen the pod in its entirety.
As noted above, the height and width of the pod is well within the permitted
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
development of ancillary garden buildings/structures. As observed on site, a
short section of trellis is attached to the fence adjacent the pod. The trellis
currently provides no meaningful screening. A planning condition is duly
attached to ensure the erection of a timber boarded fence is installed prior to the
accommodation first being brought into use as a short-term-let unit. 
Given the direction of the rising and setting sun, and the presence of established
woodland directly to the rear of the site, there are no perceived issues regarding
overshadowing with the erection of a 1.8m high fence. To note, no planning
permission is required for the erection of a fence to the rear garden grounds up
to 2m in height. 
Road Safety 
• The photographs submitted fail to show the car parking area, overlooking,
proximity to neighbours, the pathway to the rear of the pod, the proximity
of vehicular movement to gardens and play areas.
• Etive Park is a shared access road which is narrow, mostly single lane,
with blind spots and no pavement. 
• This development represents a material intensification of vehicle use from
unfamiliar drivers and introduces avoidable risk and disturbance.
• A constant turnaround of holiday makers will increase traffic flow and will
be a strain on local infrastructure, including damage to the communally
owned access road, flooding and drainage issues.
• Repeated manoeuvring by unfamiliar drivers close to a play area is
inappropriate
• Play areas and gardens do not have barriers or fences to segregate them
from the road
• Parking and access into the estate is already tight with many households
owning 2 or more vehicles and more traffic would add to that burden. 
Officer Comment: Given the small-scale development it is not expected that
the development would result in a significant intensification of use to result in
road safety issues. Further, no concerns have been raised by the Roads
Authority regarding road safety. 
The adopted element of Etive Park road terminates approximately at the
entrance of the cul-de-sac. Maintenance of the private/unadopted road is a civil
matter outwith planning control. No evidence has been provided to suggest that
flooding or drainage are a concern at the site, and it is noted that there are no
flooding issues indicated on the SEPA mapping systems. Nonetheless, as an
application for a change of use (rather than built development), the proposed
development does not present an increased risk of flooding or drainage issues. 
Other Matters 
Woodlands & Biodiversity 
• The Residents Community own the surrounding woodland
• The development would bring more non-residents into the woods
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
• Any further groundworks could damage the roots of nearby Scots Pine
trees
• The adjoining area of ancient natural woodland whose ecosystem could
be damaged looks out onto the Lorn of Lynn National Scenic Area and
Connel Open Space Protection Area. 
• The pod is directly underneath the canopy of Scots pine trees in the
adjacent woodland. BBQ smoke, noise, antisocial behaviour from users of
the pod could disturb nesting birds. 
Officer Comment: This application proposes no tree works and no built
development affecting trees.  This proposal is not considered to give rise to
harm from odour/noise to surrounding wildlife. 
The built development is already in situ, with no further works proposed
(excluding fence height increase. 
Land ownership and Association duties are outwith the scope of planning
control. Owing to the Scheduled Monument to the rear of the housing
development, and the impressive views of Connel Bridge and Loch Etive, it is
likely that non-residents would be attracted to the woodland and immediate
surrounding area. The potential increase in visitor numbers to the woodland, as
a result of this development, is unlikely to adversely affect the woodland. 
• The development conflicts with the Wildlife and Countryside Act 1981 
Officer Comment: It is not clear what this is in reference to. The development is
entirely contained within a private residential garden. 
• There is a coastal walk to Benderloch running through Etive Woods. This
is not shown on the ‘constraints’ on the website.   
Officer Comment: Core Path C179(b) (Ledaig Beech, North Connel) runs south
of the site at approximately 25m at its closest point, at a considerably lower
elevation to the Etive Park dwellings. The proposed development has no material
bearing on the presence or use of this path and is not considered a constraint to
development for the site. 
Economic benefit
• Any economic benefit associated with tourism accommodation attract
limited weight when compared to its detrimental effect on residential
amenity.
• No evidence has been provided to demonstrate that the development
would support the local economy 
Officer Comment: The Planning Statement suggests the development would
support the local tourism industry by providing further short-term accommodation.
However, it is acknowledged that no further material has been provided to
demonstrate the potential economic benefit. The relevant tourism and
accommodation policies of the Local Development Plan are considered in the
main report. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Planning Precedent
• Concerns have been raised that the granting of permission to this
development would encourage further short-term-let installations within
the grounds of the host dwelling and/or within the grounds of other
neighbouring properties. 
Officer Comment: Each planning application is assessed on its own merits, and
the granting of planning permission in this case would not necessarily ensure the
same response in a separate application. Should further applications be made for
the siting of a further pod within the grounds of the host dwelling, and/or similar
proposals within the immediate residential area, due consideration would be given
to the level of intensification and potential planning harm given the specific details
and circumstances of the application. 
Loss of green space
• All grass and shrubs have been removed from the front garden and
replaced with gravel
• Valuable green space has already been lost in this small housing
development 
Officer Comment: The Officer understands the ‘loss of green space’ to refer to
the replacement of grass for gravel to the front garden area of No. 11 Etive Park.
This area is identified on the Site Plan as the parking area for use by guests of
the pod. The provision within the curtilage of a dwellinghouse of a hard surface
for any purpose incidental to the enjoyment of that dwellinghouse is permitted
under Class 3B of Householder Permitted Development Rights. 
Communal Land
• The proposed development would place unanticipated pressures on
shared communal land and infrastructure
• The development relies on communal land not intended to support visitor
accommodation 
Officer Comment: The Officer takes shared communal land to mean the
unadopted section of road serving the cul-de-sac and the central green.
Maintenance of private land/ shared private access is outwith the scope of the
planning process. Nonetheless, as a small-scale development it is not anticipated
that the development would result in a significant intensification of use resulting
in damage or undue wear to the public road, or unadopted section serving the
site. 
Title Deeds
• Consent to this application would be contrary to the Etive Park deeds
(second declaration by the Council) which prohibits the use of the
dwellinghouses or associated buildings as a hotel, Public House or other
place for the sale of excisable liquor. 
Officer Comment: These comments are noted, however title deed directives are
outwith the scope of planning control. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Inaccuracies
• The Applicant fails to specify the orientation of each side elevation.
• The number of windows on the plan is inaccurate as there are Velux
windows to each side of the pod
• The plans are misleading as they show Etive Park road go fully around
the circular play area. The incorrect plans imply there is more
manoeuvring space and that vehicles can pass in front of No. 12 Etive
Park. 
• The applicant’s plan incorrectly shows the rear garden of No. 12 extending
further into the woodland than No. 11. 
• The plans fail to show that the shared woodland reaches the pod’s fence
boundary 
Officer Comment: The Officer is satisfied that, as the built development is
already in situ and has been observed via site visit, there is no confusion as to
the orientation of the pod for the purposes of this assessment. The omission of
the window opening to the eastern elevation on the plan is noted. 
The Roads Authority have clarified that the adopted public road at Etive Park
terminates after 0.10Km (approximately at the entrance of the cul-de-sac) and
that the section of the road around the central circle is private. The Roads
Authority raise no concerns regarding parking and manoeuvring space for users
of the pod. 
Whilst Registers of Scotland (ROS) show the property boundary of No.12 to fall
approximately in line with the rear boundary of No.11 Etive Park, standard
mapping systems (including those used by the Planning Authority) show the
boundary extends beyond that of No.11 as depicted in the submitted plans.
Nonetheless, as the rear boundary fence in situ is in line with the ROS title this
has limited relevance to the assessment of this application. Similarly, the
boundary lines including that of the woodland is taken from standardised
mapping and has limited significance to the assessment of this application. 
Planning Conditions 
• The mitigation measures proposed do not materially address the concerns
raised. 
• The mitigation statement relies heavily on behavioural controls rather than
land-use solutions, they are not reliably enforceable through planning
conditions. 
Officer Comment: The recommended increase in fence height addresses
overlooking in the rear gardens of Nos. 11 and 12 Etive Park. There are no
shared private or semi-private spaces affected by this application. A detailed
Operational Management Plan, secured by planning condition, is to be approved
by the Planning Authority prior to the development first being brought into use. 
In addition, and separate to planning control, further conditions are applied to
short-term let licences which are intended to address noise and antisocial
behaviour from the operation of short-term lets. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Representations are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats)
Regulations 1994  
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☐Yes ☒No 
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist 
The relevant Sustainability Checklists
have been submitted and examined. It
is the assessment of the Case Officer
that the applicant has understood and
given adequate consideration to the
sustainability aspects of the proposed
development, sufficient to accord with
the core sustainability requirements of
both national and local planning policy,
specifically the relevant details of the
‘Sustainable Places’ group of policies
within NPF4 and LDP2 policies 04, 08
and 09. 
☒Yes ☐No
☒Yes ☐No  
(v) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
A Supporting Statement and further
Operational Statement has been submitted
with the application. 
☒Yes ☐No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No 
(J) Section 25 of the Act; Development Plan and any other material
considerations over and above those listed above which have been taken
into account in the assessment of the application 
(i)  List of all Development Plan Policy considerations taken into
account in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 01 – Tackling the Climate and Nature Crises
NPF4 Policy 02 – Climate Mitigation and Adaption
NPF4 Policy 03 – Biodiversity
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 09 – Brownfield, Vacant and Derelict Land and Empty Buildings 
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 23 – Health and Safety 
Productive Places
NPF4 Policy 30 – Tourism 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 11 – Design – Conversions and Change of Use
Policy 14 – Bad Neighbour Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic
Environment
Policy 19 – Scheduled Monuments
Policy 21 – Sites of Archaeological Importance 
Diverse and Sustainable Economy
Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities 
Connected Places
Policy 40 – Vehicle Parking Provision
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Sustainable Communities
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 81 – Open Space Protection Areas   
(ii)  List of all other material planning considerations taken into account
in the assessment of the application, having due regard to Annex A
of Circular 3/2013. 
• Third Party Representations
• Consultation Reponses
• Planning History
• Managing Change in the Historic Environment: Setting (Feb 2020)
• TN06 Sustainability Technical Note and Checklist (Oct. 2023)
• TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023) 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application
consultation (PAC):  ☐Yes ☒No 
(M) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
It is considered that Members have sufficient information within the report and
supporting documentation on public access to enable them to determine this
application and properly evaluate the application against the statutory planning
framework having regard to any other material planning considerations. As such
it is not considered that a pre-determination hearing would add significant value
to the decision-making process. 
(O)(i) Key Constraints/Designations Affected by the Development:
• Scheduled Monument (SM3710 – barrow/ cairn) approximately 27 meters
to the west of the site 
• Open Space Protection Area (Land between road and loch, Black Crofts)
to the rear of the site
• Tree Preservation Order (TPO 01/02 - Land Adjacent to Etive Park, North
Connel) to the rear of the site
• Site within the Oban Airport Safeguarding Zone 
(O)(ii) Soils
Agricultural Land Classification: Built Up Area
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Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to
croft or better quality agricultural land?
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(O)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any replacement
or compensatory planting?
☐Yes
☐No details to be secured by condition
☒N/A  
(O)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  ☒Brownfield
☐Brownfield Reclaimed by Nature
☐Greenfield 
ABC LDP2 Settlement Strategy 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☐Helensburgh & Lomond Greenbelt
ABC LDP2 Allocations/PDAs/AFAs
etc: 
N/A 
(P) Summary assessment and summary of determining issues and material
considerations   
This application seeks planning permission for a change of use of an existing pod
from ancillary accommodation to short-term-let accommodation. 
The pod is sited in the rear garden of the detached dwelling 11 Etive Park, North
Connel. Etive Park terminates in a cul-de-sac of approximately 11 detached
dwellings, with a central grassed area towards which the dwellings are orientated. 
The pod comprises a kitchenette, sleeping area, and shower room and
accommodates up to two guests. Externally, an enclosed patio area serves as a
semi-private amenity space for occupants of the pod. A parking space is provided
forward of the host dwelling, with a connecting footpath along the boundary fence
with No. 12 Etive Park. 
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The pod was erected in June 2024 and used as ancillary accommodation in
accordance with Householder Permitted Development Rights (Class 3A) and thus
did not require planning permission for its current siting or use. 
As the unit is already in situ and there are no proposed physical alterations, this
assessment is primarily concerned with whether the proposed development is
acceptable in terms of its impact upon residential amenity and road safety, and
whether it is in accordance with the relevant LDP Policies. 
More than 10 objections to the proposed change of use have been received,
broadly on the grounds of residential amenity, siting and design, and road safety.
A summary of the objections and Officer response can be found in Section (F)
above. 
In summary, given the specific circumstances of this application, it is considered
that the development would not lead to unacceptable harm to residential
character and amenity that would warrant the refusal of planning permission in
this case. 
With appropriate planning conditions to secure screening and to ensure
continued site management oversight from the host dwelling, the proposed
change of use is considered to be in accordance with relevant national and local
planning policies and it is therefore recommended that the application
be approved. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle
Should be Granted: 
The proposal is considered to be consistent with the relevant provisions of the
Development Plan and National Planning Framework 4 and there are no other
material considerations of sufficient weight, including issues raised by third
parties, to conclude that it would be appropriate to withhold planning permission
having regard to Section 25 of the Act. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment
Scotland: ☐Yes ☒No 
Author of Report: Emma Spence Date: 29.04.2026 
Reviewing Officer: Tim Williams Date: 29.04.2026 
Fergus Murray
Head of Development & Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 26/00161/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on
the application form dated 05.02.2026; supporting information and, the approved
drawings listed in the table below unless the prior written approval of the planning
authority is obtained for an amendment to the approved details under Section 64 of
the Town and Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Location Plan 31326-0001-01 01 03.02.2026
Proposed Site
Plan
31326-0002-02 02 06.04.2026
Existing/Proposed
Elevations and
Floor Plan
31326-0003-01 01 04.02.2026 
Reason: For the purpose of clarity, to ensure that the development is implemented
in accordance with the approved details. 
2. Landscaping 
The increase in fence height as detailed on Proposed Site Plan - 31326-0002-02
shall be completed prior to the pod first being brought into use as short-term-let
accommodation and shall thereafter be retained. 
Reason: In the interests of privacy and residential amenity. 
3.  Occupancy Restriction   
Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997 the residential accommodation hereby approved
shall be used for short-term holiday occupancy or ancillary accommodation related
to the main dwellinghouse 11 Etive Park and not as a main residence and shall not
be occupied by any family, group or individual for a cumulative period of more than
three calendar months in any one year. A register showing dates of arrivals and
departures shall be maintained at the premises and shall be available at all
reasonable times for inspection by the Planning Authority.   
Reason: In order to define the permitted occupancy having regard to the
operational details submitted by the applicant and in order to avoid any potential
privacy or amenity conflict which could otherwise arise.   
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4.  Operational Management Plan 
Prior to the short-term-let accommodation being first brought into use, a detailed
Operational Management Plan is to be submitted and approved in writing by the
Planning Authority. The Management Plan shall include, but is not limited to, the
following: 
1. Minimum stay requirements
2. How bookings will be recorded (pursuant to Condition 3) 
3. Cleaning provision (frequency and access)
4. A description of parking and access for guest use
5. Description of facilities provided for guest use 
6. Description of information to be provided to each guest including
behavioural code of conduct
7. How the pod and guest behaviour will be overseen and managed and the
actions that the site manager will take to ensure compliance with the
above. 
Reason: To ensure the short-term-let use is managed appropriately in the
interests of residential amenity. 
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ADDITIONAL NOTES TO APPLICANT 
• Short-Term-Let License
The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
will require the host of any new short-term let to apply to the Council for a licence.
Conditions applied to short-term let licences are intended to address noise and
antisocial behaviour from the operation of short-term lets. For further information and
to apply, see the ‘Short-Term-Let’ pages on the Council’s website. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  26/00161/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Proposed Development 
1.1 This application seeks planning permission for a change of use of an existing pod
from ancillary accommodation to short-term-let accommodation. 
2. Location and Nature of Proposed Development 
2.1. The pod is sited in the rear garden of the detached dwelling 11 Etive Park, North
Connel. Etive Park terminates in a cul-de-sac of approximately 11 detached
dwellings. The dwellings are orientated to face a central grassed area. 
2.2. The pod comprises a kitchenette, sleeping area, and shower room and
accommodates up to two guests. Externally, an enclosed patio area serves as a
semi-private amenity space for occupants of the pod. 
2.3. Dedicated parking for one vehicle is provided to the front of the dwellinghouse, and
guests will access the pod via a footpath which runs parallel to the boundary fence
with No. 12 Etive Park. 
2.4. There are no proposed changes to existing water, waste, and power connections. 
3. Settlement Strategy 
3.1. In terms of the adopted LDP2 the site is defined as being within a ‘Settlement Area’
where LDP2 Policy 01 (Settlement Areas) gives a general presumption in favour of
sustainable development where it is compatible with surrounding uses; provides
suitable access and infrastructure; is of an appropriate scale and fit for the size of
settlement in which it is proposed; it respects the character and appearance of the
surrounding townscape in terms of density, scale, massing, design, external
finishes and it complies with all other relevant LDP2 policies. 
3.2. As the application seeks permission for a change of use, with no proposed
alteration to the existing built development, this assessment is primarily concerned
with the compatibility of the proposed use with the surrounding land uses including
its impact upon residential privacy and amenity, access and parking and fear of
antisocial behaviour. 
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4. Compliance with the Local Development Plan (NPF4 & LDP2) 
4.1. NPF4 Policy 1 (Tackling the Climate and Nature Crises) seeks to prioritise the
climate and nature crises in all decisions; it requires to be applied together with
other policies in NPF4. 
4.2. Guidance from the Scottish Government advises that it is for the decision maker to
determine whether the significant weight to be applied tips the balance in favour
for, or against a proposal on the basis of its positive or negative contribution to
climate and nature crises. 
4.3. In this case, given the small-scale nature of the development proposed and its
alignment with all other relevant policies in the Local Development Plan, it is
considered that the development proposed would be in accordance with the broad
aims of NPF4 Policy 1. 
4.4. NPF4 Policy 2 (Climate, Mitigation and Adaption) seeks to ensure that new
development proposals will be sited to minimise lifecycle greenhouse gas
emissions as far as possible, and that proposals will be sited and designed to adapt
to current and future risks from climate change. 
4.5. Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The emphasis
is on minimising emissions as far as possible, rather than eliminating emissions. 
4.6. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable
levels of growth by steering the majority of development to our existing settlements
as these are where the most of our current infrastructure, services, employment
opportunities, housing and community facilities are to be found. However, LDP2
recognises that there are instances where a different approach to significant
development has to be taken particularly where existing infrastructure or services
are at capacity and where a more sustainable option would be to provide new
facilities elsewhere. 
4.7. NPF4 Policy 3 (Biodiversity) seeks to protect biodiversity, reverse biodiversity
loss and deliver positive effects from development and strengthen nature networks. 
4.8. No material biodiversity impacts have been identified in the assessment of this
application by the Planning Authority, and it is considered that there are no issues
of compliance with Policy 3. 
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4.9. Whilst Policy 3(c) would ordinarily require measures for the conservation,
restoration and enhancement of biodiversity, such measures are required ‘where
appropriate’ and should be ‘proportionate’ to the nature and scale of the
development proposed. 
4.10. In this case, given that the scope of the development proposed is limited solely to
the change of use from ancillary to short-term-let accommodation, and given that
the development will not prejudice any existing biodiversity value, it is not
considered appropriate or proportionate to seek biodiversity restoration or
enhancement in this specific case. 
4.11. The woodland to the rear of the site is subject to a Tree Preservation Order (TPO
01/02 - Land Adjacent to Etive Park, North Connel). The Preservation Order
ensures that permission is first granted from the Planning Authority in the event that
one or more trees within the designation are to be felled, lopped, topped, or
removed. This application proposes no tree works and no built development
affecting trees.   
4.12. No material biodiversity impacts have been identified in the assessment of this
application and, as the built development is in situ with no further works proposed,
the proposed change of use would have a neutral effect on the site. The proposed
development is therefore in accordance with the broad aims of NPF4 Policy 3 and
requirements of LDP2 Policy 73 (Development Impact on Habitats, Species and
Biodiversity). 
4.13. NPF4 Policy 7 (Historic Assets and Places) seeks to protect and enhance
historic environment assets and places, and to enable positive change as a catalyst
for the regeneration of places. 
4.14. Part (h) of Policy 7 supports development proposals affecting scheduled
monuments only when direct adverse impacts on the integrity of the setting of a
scheduled monument are avoided. 
4.15. The site is approximately 27 meters to the east of a Scheduled Monument (Cairn).
This is an undisturbed Cairn (burial site) that is grassed over and appears as a
large mound to the rear of Nos 12 and 12a Etive Park. The proposed development
would potentially give rise to an increase in visitors, given the ease of access from
the rear garden gate. However, it is likely that the Cairn and woodland already
attract some members of public, whether local residents or visitors, throughout the
year. As the pod is already in situ, and confined to within a private residential
garden, the development is not considered to have a material effect on the setting
of the Scheduled Monument, nor how the site is experienced by others. 
4.16. Separately, a representation has been received from West of Scotland
Archaeological Service (WOSAS) requesting information of any further ground
works. As the built development is complete there are no proposed works that
would require the input of WOSAS in terms of safeguarding archaeological
interests. 
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4.17. In turn, the proposal is in accordance with NPF4 Policy 7 (h), as underpinned by
LDP2 Policies 15 (Protection, Conservation and Enhancement of Our Historic
Environment), 19 (Scheduled Monuments), and 21 (Sites of Archaeological
Importance). 
4.18. NPF4 Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings)
seeks to encourage, promote and facilitate the reuse of brownfield, vacant and
derelict land and empty buildings, and to help reduce the need for greenfield
development. 
4.19. The proposal is considered brownfield development by virtue of it being located
within the established residential curtilage of the dwellinghouse. In turn, the
development represents the sustainable reuse of brownfield land directly supported
by NPF4 Policy 9(a) and LDP2 Policy 01 (Settlement Area). 
4.20. NPF4 Policy 12 (Zero Waste) seeks to encourage, promote and facilitate
development that is consistent with the waste hierarchy as defined within the policy
document. 
4.21. Whilst this is a development likely to generate waste when operational, the waste
would be collected and sorted on site, and the collection of such waste would be
managed through existing household collection arrangements and in accordance
with the Council’s recycling and reuse strategy. In this regard, the proposed
development complies with NPF4 Policy 12 and does not conflict with the
requirements of LDP2 Policy 63 (Waste Related Development and Waste
Management). 
4.22. NPF4 Policy 13 (Sustainable Transport) seeks to encourage, promote and
facilitate developments that prioritise walking, wheeling, cycling and public
transport for everyday travel and reduce the need to travel unsustainably. 
4.23. The adopted road section of Etive Park terminates towards the entrance to the cul-
de-sac, whereby the circular road becomes unadopted (private). The road is
blocked between dwellings No. 11 and No. 12, preventing vehicles from completing
a full loop of the cul-de-sac. 
4.24. The Roads Authority have raised no objections to the proposed development,
subject to the provision of one vehicular parking space, which is included in the Site
Plan. 
4.25. The small-scale pod development is not considered to be a significant travel
generating use or a proposal where it is considered important to monitor travel
patterns resulting from the development. The introduction of one vehicle at any one
time is not considered to amount to a significant intensification of vehicular traffic
and therefore unlikely to be detrimental to road safety. 
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4.26. As the application includes a dedicated vehicular parking space for the
development, in addition to existing residential parking, a planning condition to
secure additional parking is not required. The proposed development is considered
to be consistent with the broad aims of NPF4 Policy 13 and the requirements of
LDP2 Policy 40 (Vehicle Parking Provision). 
4.27. NPF4 Policy 14 (Design, Quality and Place) seeks to encourage, promote and
facilitate well designed development that makes successful places by taking a
design-led approach and applying the ‘Place Principle’. 
4.28. As the proposal concerns the change of use of the existing pod, the design and
siting of the unit is of limited weight in the determination of this application. Rather,
it is necessary to consider how the proposed use will be materially different from
the existing, and whether this gives rise to harm to privacy and amenity. 
5. Overlooking and Privacy
5.1 The boundary between No.11 and No.12 is marked by a timber fence of
approximately 1.5 meters in height. The rear garden ground of No.12 has a slight
upwards slope towards the rear boundary, meaning the fence height from this side
of the boundary is reduced to between approximately 1.3 to 1.4 meters in places. 
5.2 The position of windows to the western elevation (kitchen) and northern elevation
(shower room) potentially gives rise to overlooking to the rear garden and rear
elevation of the neighbouring dwelling (No. 12). Guest use of the access pavement
alongside the boundary pavement also gives rise to potential overlooking, which is
likely to be exacerbated by the proposed use. 
5.3 However, an increase in fence height to 1.8m would prevent direct overlooking
between the rear gardens. A planning condition is duly attached to this
recommendation to ensure the increase in fence height is completed prior to the pod
first being brought into short-term-let use. 
5.4 The kitchen window on the western elevation of the pod looks out towards the rear
garden of No.12. This window is partially obscured with opaque film, yet this is
relatively redundant when the window is open. However, the suggested increase in
fence height, to be secured by condition, would prevent overlooking from this
window within the pod. 
5.5 Concerns have been raised that guests are likely to access the woodland to the rear
of the site, enabling overlooking into the rear gardens of neighbouring properties.
However, the woodland is publicly accessible, and it is not accepted that the
presence of members of the public within the woodland would give rise to a material
intensification of overlooking and invasion of privacy as a result of this development. 
5.6 Further, given the relatively large rear garden ground and the enclosed semi-private
amenity space afforded the pod, sufficient privacy between the host dwelling and
the pod is maintained. Nonetheless, a planning condition is recommended to ensure
the pod remains within the same planning unit and within the same control as the
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occupants of the dwellinghouse to ensure an appropriate level of management
oversight in the interests of protecting residential amenity, and to ensure that the
potential for antisocial behaviour is adequately and appropriately controlled. 
6. Disturbance 
6.1 At the front elevation, neighbouring property No. 12 is orientated slightly towards
No.11 Etive Park which means the large window of the habitable room closest to
the boundary overlooks the parking space at the front of No.11. This is relatively
characteristic of the compact residential cul-de-sac, where properties are orientated
towards the central green and there is a degree of overlooking between properties.
As the development does not amount to a significant intensification of vehicular
traffic or movements, it is not expected that the proposed use would intensify
overlooking, light pollution, vehicular noise disturbance, or amount to loss or privacy
above reasonably expected activity attributed to the dwellinghouse. 
6.2 Nonetheless, a partial increase in fence height to 1.8m for a total of 1m in length
from the front elevation of No.11 is to be secured by planning condition. This will
help mitigate potential overlooking and disturbance at the front habitable room
window of No.12 which may arise from arriving and departing guests. 
6.3 It is accepted that the proposed development will give rise to marginally more activity
and, therefore, has the potential to give rise to a slightly elevated level of
disturbance.  However, the limited occupancy of two guests; the proximity and site
management oversight of the host dwelling; the semi-private amenity area away
from the boundary fence; and an increase in privacy screening between the site and
the adjoining property will all serve to appropriately mitigate the potential
disturbance, and safeguard residential privacy and amenity and the fear of antisocial
behaviour. 
6.4 Further privacy screening, such as planting to the front garden boundary, is not
considered necessary in this case. It is noted however that planting remains an
option for either occupants of No. 11 or No. 12 Etive Park beyond the planning
application process. 
7. Perceptions of safety & security 
7.1 The cul-de-sac is a quiet and compact residential area and it is acknowledged that
residents are likely to know and interact with their immediate neighbours. 
7.2 A footpath between dwellings Nos.12a and 14 provides access to the woodland to
the rear of the cul-de-sac. The footpath is not readily identifiable within the cul-de-
sac, and it is unlikely to be a typical through-way taken by visitors to the area.
However, owing to the proximity to the main road, nearby Hotel, and woodland
walk(s), in addition to routine services and visitors to Etive Park, it is likely that there
exists some interaction in public spaces with non-residents. 
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7.3 Therefore, the presence of up to two unknown guests to the cul-de-sac at any one
time as a result of this development is not considered to amount to an intensification
likely to materially disturb the established residential character and perception of
safety within the cul-de-sac. 
7.4 The proposed development is considered to be designed to an appropriate standard
to ensure compliance with the six qualities of successful places set out in NPF4
Policy 14 as follows: Healthy: being situated in a domestic garden with ease of
access to adjacent woodland, shoreline and Core Path; Pleasant: being an
attractively designed and finished development; Connected: situated a short walk
to local bus provision, with cycling and walking opportunities within the local area
and connection to nearby Oban; Distinctive: being of a simple design commensurate
with domestic garden outbuildings; Sustainable: being designed using sustainable
finishing materials and with minimal ground works; Adaptable: being of a design
which is capable of adaption for alternative future uses. 
7.5 With the recommended planning conditions, the proposed development is
considered to be in accordance with the broad aims of NPF4 Policy 14 as
underpinned by LDP2 Policy 05 (Design and Placemaking), Policy 08 (Sustainable
Siting), Policy 09 (Sustainable Design), Policy 10 (Design – All Development), and
Policy 11 (Design – Conversions and Change of Use). 
7.6 NPF4 Policy 23 (Health and Safety) seeks to protect people and places from
environmental harm, mitigate risks arising from safety hazards and encourage,
promote and facilitate development that improves health and wellbeing. 
7.7 NPF4 Policy 23(e) states that development proposals that are likely to raise
unacceptable noise issues will not be supported. 
7.8 In this case, given the limited occupancy and on-site management by the host
dwelling, it is not anticipated that the proposed use would have materially
unacceptable adverse effects on the amenity of neighbouring residents and their
perceptions of security, safety, and potential for antisocial behaviour. In turn, the
proposal adheres to the requirements of NPF4 Policy 23 and LDP2 Policy 14 (Bad
Neighbour Development). 
7.9 NPF4 Policy 30 (Tourism) seeks to encourage, promote and facilitate sustainable
tourism development which benefits local people, is consistent with our net zero and
nature commitments, and inspires people to visit Scotland. 
7.10 Policy 30 supports short-term let proposals, where they would not result in (i) an
unacceptable impact on local amenity or character of an area, or (ii) loss of
residential accommodation is not outweighed by local economic benefits. 
7.11 Part (e)(i) of this policy states that development proposals for the reuse of existing
buildings for short term holiday letting will not be supported where the proposal will
result in an unacceptable impact on local amenity or the character of a
neighbourhood or area. 
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7.12 As outlined above, the potential for harm to residential amenity in respect to privacy,
overlooking, and disturbance can be mitigated through the recommended planning
conditions and direct management from the host dwelling. Although guests would
have the opportunity to interact with existing residents on the public road, it is not
considered that the addition of up to two guests would be materially detrimental to
the living conditions and amenity of the other residents within Etive Park. In the
event further applications for short-term-let accommodation were made in the
immediate locale, an assessment of the culminative impacts on character and
amenity would be required. 
7.13 It is considered therefore that there is no conflict with the amenity related policies of
the LDP or NPF4 Policy 30 Part (e) (i) and LDP2 Policy 23 (Tourist Development,
Accommodation, Infrastructure and Facilities). 
8. Open Space Protection Area 
8.1 Etive Park adjoins an Open Space Protection Area (Black Crofts) which stretches
along the shoreline of North Connel, comprising woodland and green space
between road and shore. Confined to the residential garden grounds of No. 11 Etive
Park, this development would have no material impact upon the Open Space
Designation, in accordance with LDP2 Policy 81 (Open Space Protection Area). 
9. Conclusion 
9.1 The key consideration in this application is whether the material change of use has
an unacceptable impact on residential privacy and amenity, on road safety, and on
security and the fear of antisocial behaviour. 
9.2 A suitable condition to secure an increase in timber boarded fencing to the rear
garden grounds and to 1 meter beyond the front elevation of the host dwelling will
address overlooking and privacy concerns. 
9.3 Given the limited occupancy and the direct oversight from the host dwelling it is not
considered that this development would leave to disturbance beyond reasonable
expectations of domestic garden use within a compact residential area. Therefore,
with the application of appropriate planning conditions, the proposed development
is considered compliant with the relevant LDP policies. 
9.4 Should further applications be made for the siting of a further pod within the grounds
of the host dwelling, and or similar proposals within the immediate residential area,
due consideration should be given to the level of intensification and potential harm,
taking into account the specific details and circumstances of the application and the
cumulative effect(s) of such development. 
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9.5 The proposed development has been assessed against the above potential
constraints and designations and has been determined to raise no significant issues
or concerns beyond that addressed in this report. It is therefore recommended that
permission is granted subject to the appended conditions. 
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Shingle
Sand and Shingle
7
12a
Sand & Shingle MHWS & MLWS
ETIVE PARK
Sand & Shingle
17
1
12.8m
12
Shingle
Path (um)
Lochnell
Shingle
Saligo
Shingle Sand &
NTL
Path
Lochnell Arms
Cairn
19
Path
Cottage
LB
18
Cleadale
14
Shelter
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All rights reserved. OS license (customer) account number AC0000849384
Location Plan relative to: 26/00161
/PP O
0 25 5012.5 Meters
Application Site
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ARGYLL AND BUTE COUNCIL  PPSL COMMITTEE                                     
Development & Economic Growth  20th May 2026 
Development Management Performance Update – FQ4 2025/26 
1.0 EXECUTIVE SUMMARY 
1.1 This report provides an update on the performance of the Development
Management Service for the reporting period FQ4 2025/26. 
1.2 The attached document Appendix 1 provides an overview of the current demands
upon the Development Management Service, its output during this period, the
handling of the current backlog of casework, and the average time taken to
determine planning applications.   
2.0 RECOMMENDATIONS 
2.1 It is recommended that PPSL: 
(a) Review and agree the content of the report. 
3.0 DETAIL & BACKGROUND 
3.1  The performance of the Council’s Development Management Service has been
significantly impacted by the legacy effect of the Covid Pandemic upon
interruption to workflow and a subsequent increase in demand for regulatory
activity relating to new development. This situation has been exacerbated by the
Service having previously been down-sized in response to the longer-term wider
financial pressures facing the Council combined with a number of long-term
vacancies that proved extremely difficult to fill as a result of a national shortage of
planning professionals. The determination of planning applications has also been
impacted by the uncertainty created by a changing planning policy backdrop with
the Scottish Government’s adoption of National Planning Framework 4 (NPF4) in
February 2023 with minimal transition arrangements having had a noticeable
adverse impact on FQ4 2022/23 output as a result of a significant volume of
casework requiring to be reassessed prior to its determination.  The cumulative
effect of these extraordinary pressures has given rise to a significant backlog of
planning casework that continues to impact upon the ability of the Council to
deliver the Development Management Service in an efficient and effective
manner at this time, and impacts upon customer service. At FQ4 2022/23 the
backlog of applications amounted to approximately 375 formal applications and
175 pre-application enquiries.
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3.2 An Improvement Action Plan (IAP) was prepared in early 2023 in response to the
significant decrease in performance and wider issues impacting upon the
resourcing of the service and its interactions with customers. The implementation
of the IAP has ensured the delivery of additional capacity within the Development
Management Service and along with this improvement initially in terms of output
and more latterly improving trends are also now able to be identified in relation to
the making of timely determinations. Building upon the foundation of the IAP, the
Development Management Service Plan and Development Management Charter
approved by PPSL on 18th September 2024 set out updated performance targets
for the Service. These include a wider range of measures that seek to
demonstrate the delivery of individual elements of the IAP and in addition to
timeliness include measures which can be utilised to measure customer
satisfaction, and staff welfare. 
3.3 DEMAND: The Development Management Service receive approximately 2000
planning and related application case work items on an annual basis. The
Development Management Service is resourced with the expectation that
demand will be relatively constant and steady throughout the year. Whilst the
volume of new submissions decreased by approximately 10% during 2020/21
they had returned to and exceeded pre-pandemic levels during 2021/22.
Submission rates have subsequently been maintained at a high level and during
2022/23 were 5% up on pre-pandemic levels. Appendix 1, Sheet 1 shows that
whilst submission rates continued to show an increase in demand during FQ4
2025/26 this has increased slightly from the previous reporting period. 
3.4  CAPACITY: FQ4 2025/26 has seen vacant planning and enforcement officer
posts in both the MAKI and BCHL teams taken up during January 2026 with new
staff undertaking induction and training. The MAKI team leader post remains
vacant and continues to be covered on an acting-up basis. Staff changes have
proven to be particularly disruptive to workflow and additional capacity is
continues to be provided within MAKI and the Major Application Team by agency
staff. 
3.5 Productivity during FQ4 has continued to be impacted as a result of technical
issues with backoffice systems maintained by the Council’s Corporate IT Service
although this is an improving position. Significant disruption to workflow during
FQ3 as a result of IT issues has continued to impact upon timeliness of
performance within FQ4 arising from a four-week period in FQ3 that has had a
cascade effect on determination times. 
3.6 OUTPUT: FQ4 has seen similar output to the previous reporting period. Whilst
performance is slightly down from FQ2 it remains broadly comparable to previous
reporting periods. (Appendix 1, Sheet 2). It is anticipated that productivity should
continue to improve as new recruits complete their initial training and settling in
periods. It is however highlighted that recruitment issues will continue to cause
some disruption to performance across the DM Service in the coming months.
These include recruitment of the Team Leader role on a permanent basis which
is required to bring the MAKI team back up to full capacity, and to support service
improvement work across the Development Management Service as a whole. 
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3.7 Output during FQ4 has fallen marginally behind the rate of new applications for
the first time since FQ4 2022/23 however the DM Service has overall managed
to keep pace with the number of applications validated (Appendix 1, Sheet 3). The
monitoring of ‘live’ casework has however continued to identify a slight increase
in the number of ‘legacy’ cases which are older than 1 year from validation remain
‘live’ and it is noted that these have increased from 93 to 95 items during FQ4
(Appendix 1, Sheet 5). 17 legacy items were determined during FQ4 however in
the same period 19 additional items became legacy cases. Resolution of ‘legacy’
cases remains a priority and it is the aim of the Service to reduce the number of
‘legacy’ applications to single figures. 
3.8 PRE-APPLICATION ENQUIRIES: Demand for pre-application advice remains
high however FQ4 has seen a focus on addressing a backlog of pre-application
casework which has seen output exceed new enquiries (Appendix 1, Sheet 4). A
commitment has been provided to review and improve the pre-application
process, this will include the provision of enhanced information on the Council
website to allow a greater proportion of customers to ‘self-serve’; development
and roll out of a new pre-application service has been identified as a priority
project. Interim measures will see an additional admin process introduced during
FQ1 2026/27 with a focus on reducing the number of enquiries that progress to
planning officers without fees and basic information being provided. 
3.9 ‘HOUSEHOLDER’ DEVELOPMENT: The performance of the Development
Management Service is also measured in terms of the time taken to determine
applications as it is recognised that failure to provide timely decisions can create
uncertainty and be detrimental to the delivery of development across the Council
area. Overall ‘time-taken’ measures have been skewed for sometime by the
determination of a high volume of older ‘legacy’ applications that have accrued as
part of the planning backlog. The increasing proportion of older applications being
determined from FQ3 2022/23 onwards is identified in the bar graphs that provide
a breakdown of application age within the average time measures (Appendix 1,
Sheet 5 and Sheet 6) and demonstrate that ‘legacy’ applications are successfully
being targeted for determination. During FQ4, no ‘legacy’ householder items were
determined however a higher proportion of older items (between 6 and 12
months) were determined and have had the effect of increasing overall average
time measure by 3 weeks. The increasing proportion of older applications is in
part attributed to the disruption of casework by the previously reported IT issues
in FQ3 which prevented the issue of decisions for almost 4 weeks. 
3.10 The previously reported issues arising from disruption to staff availability and
technical issues during FQ3 has also seen a continuing reduction in performance
during FQ4 to the underlying ‘householder’ average time measure (Appendix 1,
Sheet 5) where the headline KPI has increased from 7.9 weeks in FQ2 2025/26
to 11.9 weeks in FQ4 2025/26. Removing the impact of ‘legacy’ and older cases,
there is an improvement in underlying performance from 9.3 weeks in FQ3 to 8.9
weeks in FQ4. It is also highlighted that this position relates to ‘raw’ data and does
not factor in delays which have arisen as a result of matters outwith the control of
the Council, or applications that have been subject to processing agreements.
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Whilst the data sets are not directly comparable it is still helpful to reference the
SG Returns as a benchmark. In this respect the latest available national average
for householder applications at FQ4 2024/25 was 8.4 weeks. 
3.11 ‘LOCAL’ DEVELOPMENT: The determination of ‘legacy’ applications continued
to have an adverse impact upon the average time taken measure applied to all
other ‘local’ planning applications (Appendix 1, Sheet 6) where the determination
of 17 ‘legacy’ applications during FQ4 cumulatively added 10.7 weeks to an
average time measure that reports on the determination of 132 applications in
total. During FQ4 87% of all other ‘local’ applications determined were less than
1 year old at the time of their determination and were determined in an average
of 18.5 weeks (previously 87% in 15.2 weeks at FQ3 2025/26). 62% of the total
were less than 6 months old and determined in 10.9 weeks on average (previously
72% in 11.2 weeks in FQ2 2025/26). The average time taken to determine ‘all
other local applications’ has increased slightly during FQ4 from 26.7 weeks to
29.2 weeks. It is again highlighted that this position relates to ‘raw’ data and does
not factor in delays which have arisen as a result of matters outwith the control of
the Council, or applications that have been subject to processing agreements.
During FQ4 the Council determined a number of legacy applications which have
impacted on the raw data relating to the average time period, including items that
were delayed largely due to matters outwith the control of the Council. Whilst the
data sets are not directly comparable it is still helpful to reference the SG Returns
as a benchmark. In this respect the latest national average for local applications
(excluding householder) at FQ4 2024/25 was 15.2 weeks. 
3.12 CONCLUSIONS: FQ4 has disappointingly seen further degradation to the
timeliness of performance although it has been identified that this is a knock on
effect from FQ3 where the DM Service operated with significant IT constraints that
have included periods of time where casework could not be progressed. In terms
of output, the DM Service have managed to keep pace with demand during FQ4. 
3.13 The determination of extant ‘legacy’ items also continues to impact on ‘local’
application performance and will do so until such time as the remaining 95 items
have been determined, and subject to appropriate resource availability and
intervention to prevent new ‘legacy’ items from accruing. 
4.0 IMPLICATIONS 
4.1 Policy None
4.2 Financial None
4.3 Legal None
4.4 HR None
4.5 Customer Service Requirement to manage customer expectations in
the determination planning and related applications
4.6 Risk Failure to determine planning and related
applications in efficient and effective manner would
have potential to adversely impact upon the local
economy, delivery of housing, and health and
wellbeing of individuals.
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4.7 Climate Change None
4.8 Fairer Scotland Duty 
4.9 Equalities –
Protected
Characteristics
None
4.10 Consumer Duty None
4.11 Island Communities None
4.12 Children’s Rights 
and Wellbeing
None 
Executive Director with responsibility for Development and Economic Growth
Policy Lead: Cllr Gordon Blair
28th April 2026                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix 1 – FQ4 2025/26 DM performance report 
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#
Volumes
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
Statutory 511 451 508 512 457 468 404 422 469 423 412 386 415 411 397 423 2012 75.9% 1982 76.1% 1751 74.3% 1690 76.1% 1646 75.4%
Non-Statutory 10 10 14 17 15 26 25 21 14 22 23 26 23 25 20 12 56 2.1% 51 2.0% 87 3.7% 85 3.8% 80 3.7%
PREAPP 153 146 121 150 122 137 120 141 119 104 107 117 116 107 118 117 582 22.0% 570 21.9% 520 22.1% 447 20.1% 458 21.0%
Totals 674 607 643 679 594 631 549 584 602 549 542 529 554 543 535 552 2650 2603 2358 2222 2184
This data is unfiltered - it shows all casework received.
data source = UNIform (Access queries)
This tab provides information on the volume of DM case work received by financial quarter and includes a breakdown between statutory items (planning and related applications), non-
statutory items (consultations from other regulatory bodies), and pre-application enquiries.
FY25/26
Split of Casework Received
The data set covers the last 16 financial quarters and confirms that demand for the determination of planning
applications and other statutory activity of the Council as the Planning Authority remains high and relatively
constant in its volume. End of FQ4 25/26: Submission rates for FQ4 are within expected parameters.
Commentary:
FY24/25
New Casework Received
FY21/22 FY22/23 FY23/24
511
451
508 512
457 468
404 422
469
423 412 386 415 411 397 423
10
10
14 17
15 26
25 21
14
22 23
26
23 25 20
12
153
146
121
150
122
137
120
141
119
104 107 117
116 107 118 117
0
100
200
300
400
500
600
700
FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3 FQ4 FY25/26
FQ1
FQ2 FQ3 FQ4
Volume of New Casework Received
PREAPP
Non-Statutory
Statutory
75.4%
3.7%
21.0%
Split of Casework Received: FY25/26 YTD
Statutory Non-Statutory PREAPP
Appendix 1
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#
Volumes
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
Statutory 410 369 402 368 476 421 458 423 464 464 427 425 370 407 382 383 1610 72.4% 1549 74.5% 1778 75.1% 1780 76.5% 1542 74.0%
Non-Statutory 9 8 5 11 19 18 21 17 17 31 15 25 21 22 26 20 46 2.1% 33 1.6% 75 3.2% 88 3.8% 89 4.3%
PREAPP 149 119 124 104 150 109 121 133 106 122 115 116 133 100 97 124 568 25.5% 496 23.9% 513 21.7% 459 19.7% 454 21.8%
2224 2078 2366 2327 2085
This data is unfiltered - it shows all casework closed.
data source = UNIform (Access queries)
FY24/25 FY25/26
Split of Casework Closed
The data set covers the last 16 financial quarters and demonstrates that regardless of performance issues in
respect of timeliness output remains high. There has been a notable improvement in productivity from FQ1
2023/24 which corresponds with the increasing availability of officer resource and a more settled position
following the significant disruption to workflow arising from NPF4 (FQ4 2022/23); this improving position has
continued through subsequent reporting periods.  End FQ4 25/26: Productivity during 2025/26 has reduced
although this is not wholly unexpected as the Service has operated with vacancies and significant staff turnover
during this period. Output during FQ 4  is comparable with the remainder of 25/26.
Commentary:
This tab provides detail on the volume of DM casework that has been closed and includes a breakdown between statutory items (planning and related applications), non-statutory items
(consultations from other regulatory bodies), and pre-application enquiries.
FY21/22 FY22/23 FY23/24
Casework Closed
410
369 402 368
476
421 458 423
464 464 427 425
370 407 382 383
9
8
5
11
19
18
21
17
17 31
15 25
21
22
26 20
149
119
124
104
150
109
121
133
106
122
115 116
133
100
97 124
0
100
200
300
400
500
600
700
FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3 FQ4 FY25/26
FQ1
FQ2 FQ3 FQ4
Volume of Casework Closed
PREAPP
Non-Statutory
Statutory
74.0%
4.3%
21.8%
Split of Casework Closed: FY25/26 YTD
Statutory Non-Statutory PREAPP
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#
Volumes
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
Closed 419 377 407 379 495 439 479 440 481 495 442 450 391 429 408 403
Validated 462 455 436 509 462 428 366 428 425 425 370 400 387 427 387 418
Difference (no) -43 -78 -29 -130 33 11 113 12 56 70 72 50 4 2 21 -15
This data is unfiltered - it shows the number of cases closed vs number of cases validated.
data source = UNIform (Access queries)
Casework Turnover - Volume
This tab shows a comparison between the volume of new statutory and non-statutory casework and output per financial quarter. The Y axis has been formatted to track the cumulative backlog of
applications over the last rolling 16 financial quarters.
Commentary:
The graph shows that after 7 financial quarters (FQ2 2021/22 -
FQ4 2022/23) where output was lower than input, a backlog of
375 casework items were accumulated. During this period the
DM Service were impacted by Covid restrictions/recovery and
required to operate with a number of key vacancies due to a
national shortage of planning professionals. Improving
performance during 2023/24 has however reduced the backlog
at the end of that period to 206 items.   As significant
improvement in performance is evident from FQ1 2023/24 which
corresponds with the resolution of key staffing issues within the
Service, this improving position has been maintained moving
forward from that point. End FQ4 25/26: Productivity for FQ4
has been impacted by the Xmas/New Year break, ongoing issues
with staff turnover in MAKI and also with the reliance and
availability of backoffice IT systems also continues to have an
effect on output. Whilst output has continued to remains largely
in line with the volume of new applications it is nonetheless
disappointing to record the first period of negative turnover
since FQ4 22/23.
-43
-78
-29
-130
33 11
113 12
56
70
72
50 4 2
21
-15
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
FQ4
FY25/26 FQ1
FQ2
FQ3
FQ4
-350
-300
-250
-200
-150
-100
-50
0
50
100
150
200
Casework Turnover Rate
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#
Volumes
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
Closed 149 119 124 104 150 109 121 133 106 122 115 116 133 100 97 124
Validated 159 137 117 140 117 132 120 130 115 92 103 116 117 100 118 105
Difference (no) -10 -18 7 -36 33 -23 1 3 -9 30 12 0 16 0 -21 19
Number of PREAPP's closed vs number of PREAPP's validated.
data source = UNIform (Access queries)
PREAPP Turnover - Volume
This tab shows a comparison between the volume of new pre-application casework and output per financial quarter. The Y axis has been formatted to track the cumulative backlog of pre-
application enquiries over the last rolling 16 financial quarters.
Commentary:
The Graph shows the accumulation of a backlog of pre-
application enquiries over the period FQ3 2021/22 - FQ4
2022/23 during a period where the DM Service operated with a
number of key vacancies and has experienced significant
workflow disruption with the introduction of NPF4. It had
previously been identified that the backlog amounted to around
180 applications; however following a review of the data input
and accuracy of the data available (see detail of correction
below) it has become evident that earlier reports included cases
that were invalid and cases that had not been closed off
proprerly in the back office system. The updated report confirms
that the backlog of pre-application enquiries reached a
maximum of just over 50 items; this position has seen significant
improvement. End FQ4 25/26: Additional efforts to keep pre-app
enquiries up to date during FQ4 has seen output exceed new
demand with the backlog of enquiries from teh previous period
resolved.
-10
-18
7
-36
33
-23
1 3
-9
30
12 0
16 0
-21
19
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
FQ4
FY25/26 FQ1
FQ2
FQ3
FQ4
-100
-80
-60
-40
-20
0
20
40
PREAPP Turnover Rate
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Jan '24 Apr Jul Oct Jan '25 Apr Jul Oct Jan '26 Apr Jul Oct
1 - 2 Years 204 166 130 89 66 48 48 54 59 62
2+ Years 85 73 62 40 36 38 42 37 34 33
289 239 192 129 102 86 90 91 93 95 0 0
Estimated on 1st August 2024. Data sourced from Uniform on - or as near as possible to first working day of each financial quarter (from August 2024)
Live Legacy Applications - quarterly progress:   Argyll & Bute Council
Commentary:
This graph provides detail of the volume of 'legacy' cases
remaining at the start of each Quarter since Jan 2024 (start FQ4
24/25). 'Legacy' cases are statutory items that remain
undetermined more than 1 year after validation. These cases are
generally items that have a high degree of complexity, can be
contentious, or are not readily aligned with the requirements of
the Development Plan. A significant number of 'legacy' items are
items that have required substantial reworking or the provision
of additional information from the applicant with the intention
of addressing identified short-comings in the original submission,
often requiring extensive input from planning officers. In some
cases 'legacy' items are no longer being actively pursued by
applicants but have not as yet been formally withdrawn. The
determination of 'legacy' items has a significant adverse effect
on average time performance measures and can also impact on
allocation of staff resource and morale. End FQ4 2025/26: 
During FQ4, 17 legacy items were determined. However, during
this period 19 new legacy items have accrued. The
determination of legacy cases has plateaued and gives rise to
concern and an indication that this backlog of longstanding
complex cases is unable to be resolved without additional
targetted resource.
204
166
130
89
66 48 48 54 59 62
0 0
85
73
62
40
36
38 42 37 34 33
0 00
50
100
150
200
250
300
Jan '24 Apr Jul Oct Jan '25 Apr Jul Oct Jan '26 Apr Jul Oct
Live Legacy Applications: Argyll & Bute
1 - 2 Years 2+ Years
Page 59

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#
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
< 6 months 10.9 10.2 11.0 13.3 11.8 11.6 11.8 12.0 9.6 9.6 10.1 8.5 8.1 7.9 9.3 8.9 < 6 months 71 69 82 51 43 67 63 54 50 56 52 60 59 66 48 40
< 1 year 12.4 12.4 12.0 17.3 17.8 15.4 14.6 18.3 12.4 12.6 12.6 9.8 8.7 7.9 9.7 11.9 6 months - 1 year 5 6 4 11 13 12 9 19 6 8 5 4 1 0 1 5
< 2 years 12.4 13.1 12.0 17.3 18.5 18.1 16.8 20.0 16.1 19.0 13.5 12.2 10.4 7.9 10.6 11.9 1 - 2 years 0 1 0 0 1 4 3 2 4 7 1 3 2 0 1 0
All Determined 12.4 13.1 12.0 17.3 21.6 18.1 16.8 20.0 16.1 26.1 15.9 14.2 10.4 7.9 10.6 11.9 Over 2 years 0 0 0 0 2 0 0 0 0 4 1 1 0 0 0 0
Total 76 76 86 62 59 83 75 75 60 75 59 68 62 66 50 45
This data is filtered - as per Scottish Government statistical returns - to allow benchmarking. "Householder" = Development Type N01.
data source = UNIform (Access queries)
Commentary:
The line graph shows performance over time; the bar graph shows the proportionate split between 'legacy' casework and newer items. A comparison of the two demonstrates that the 'All Determined' average can be readily impacted by the determination of a small number of 'legacy'
applications. The improving resource availability has allowed the focus of the DM Service from FQ1 2023/24 to move from addressing the most urgent applications to also addressing the wider backlog of application casework. Increasing output does however mean that a high volume of 'legacy'
applications continue to be determined with significant deteriment to average time measures as is seen with the deterioration of performance across FQ4 2022/23 to FQ4 2023/24. In order to provide some context additional information is provided that demonstrates the effect of removing
older applications from reporting to provide a truer picture of the time taken to deliver the larger proportion of casework. The bar graph provides this breakdown in a format which shows the increasing volume of older applications currently being determined but also confirms that a significant
proportion of output is still undertaken in a timely manner. Peformance from FQ1 2024/25 has shown a marked improvement which demonstrates that the majority of householder applications are now being determined in much shorter time periods. End FQ4 25/26:  During FQ4 Householder
Applications have been determined in an average of 11.9 weeks (decrease from 10.6 weeks during FQ3 25/26); no householder legacy items have been determined during FQ4, however five older non-legacy items have been determined and are responsible for adding 3 weeks to the headline
performance measure within what is currently a realtively small data set. The lengthening time periods during FQ4 can be attributed to significant issues with backoffice systems in Oct/Nov with delays rippling forward in terms of casework progression, and significant staff turnover within FQ3
which has disrupted service delivery and case work management. The remaining 40 householder items determined were all less than 6 months old and determined in an average time of 8.9 weeks (improvement from 9.3 weeks in FQ3 25/26). Performance in the determination of householder
applications is slightly behind track (DM Service Plan Target <10 weeks), National Average (latest data FQ4 24/25) was 8.4 weeks.
Average Time to Determine Applications: Householder ( <6 Month, <1 Year, <2 Year, All) Volume of Applications Determined: Householder - Time Taken
The Average Time Taken to Determine Householder Planning Applications
This tab provides detail on the average time taken to determine 'householder' planning applications, this is based on raw data which does not take into account any delays that might arise from matters outwith the control of the planning authority.
10.9 10.2 11.0
13.3
11.8 11.6 11.8 12.0
9.6 9.6 10.1
8.5 8.1 7.9
9.3
8.9
11.9
11.9
12.4 13.1 12.0
17.3
21.6
18.1
16.8
20.0
16.1
26.1
15.9
14.2
10.4
7.9
10.6
11.9
0
5
10
15
20
25
30
FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3 FQ4 FY25/26
FQ1
FQ2 FQ3 FQ4
Average no. of weeks to determine: Householder   (<6 Month, <1 Year, <2 Year, All)
< 6 months < 1 year < 2 years All Determined
71
69
82
51
43
67
63
54
50
56
52
60
59
66
48
40
5
6
4
11
13
12
9
19
6
8
5
4
1
1
5
1
1
4
3
2
4
7
1
3
2
1
2
4
1
1
50% 60% 70% 80% 90% 100%
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
FQ4
FY25/26 FQ1
FQ2
FQ3
FQ4
% Split: Householder  
(<6 Month, <1 Year, <2 Year, All)
< 6 months 6 months - 1 year 1 - 2 years Over 2 years
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FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3 FQ4
FY25/26
FQ1 FQ2 FQ3 FQ4
< 6 months 12.4 10.1 10.2 12.9 13.5 14.0 12.7 12.1 11.6 11.5 12.7 12.2 10.2 10.9 11.2 10.9 < 6 months 114 110 104 69 87 106 95 79 97 106 104 110 80 92 85 81
< 1 year 14.5 14.0 18.0 19.2 19.3 18.7 18.8 21.0 19.0 16.3 17.0 15.6 17.9 14.3 15.2 18.5 6 months - 1 year 14 19 43 25 31 27 32 40 39 26 22 17 33 15 18 34
< 2 years 15.7 16.1 19.9 23.6 21.9 25.0 25.8 29.3 26.1 24.5 25.6 20.7 21.4 19.7 19.5 24.7 1 - 2 years 3 6 6 10 7 20 22 19 23 25 22 13 9 11 9 13
All Determined 16.8 17.0 19.9 24.5 27.6 27.4 30.2 33.4 30.0 37.8 31.2 26.4 26.7 24.5 26.7 29.2 Over 2 years 1 1 0 1 4 3 6 6 4 19 7 7 6 5 6 4
Total 132 136 153 105 129 156 155 144 163 176 155 147 128 123 118 132
This data is filtered - as per Scottish Government statistical returns - to allow benchmarking. "Local (excluding Householder)" = Development Types N02B/C, N03B/C, N04B/C, N05B/C, N06B/C, N07B/C, N08B/C, N09B/C, N10B/C.
data source = UNIform (Access queries)
Commentary:
The line graph shows performance over time; the bar graph shows the proportionate split between 'legacy' and newer items. A comparison of the two demonstrates that the 'All Determined' average can be readily impacted by the determination of a small number of 'legacy' applications. The
improving resource availability has allowed the focus of the DM Service is to move during 2023/24 from addressing the most urgent applications to also addressing the wider backlog of application casework. Increasing output does however mean that a higher volume of 'legacy' applications will
be determined with significant deteriment to average time measures as is seen with the deterioration of overall average time performance measures from FQ2 2022/23 to FQ4 2023/24. In order to provide some context additional information is provided that demonstrates the effect of
removing older applications from considerations to provide a truer picture of the time taken to deliver the larger proportion of casework that has been determined. The bar graph provides this breakdown in a format which shows the increasing volume of older applications currently being
determined but also confirms that a significant proportion of output is still undertaken in a timely manner. End FQ4 25/26: FQ4 has seen 17 legacy applications cleared, with the effect of adding 10.7 weeks to the overall average time measure which now sits at 29.2 weeks (deterioration from
26.7 weeks in FQ3 2025/26).  It is also noted that some of the negative impact is attributed to delays to determination which were outwith the control of the planning authority and which will be adjusted in statutory reporting by the Scottish Government. During FQ4 the determination of non-
legacy local applications were undertaken in an average of 18.5weeks (deterioration from 17.3 weeks in FQ3 25/26).  It is however highlighted that a consistently high proportion of applications are continuing to being determined at an early stage with 61% of all local applications in FQ4 being
newer items determined in an average time of 10.9 weeks (previously 72% in 11.2 weeks in FQ3 2025/26). Due to the impact of legacy items, the headline measure remains off-track (DM Service Plan Target <16 weeks). For the purpose of comparison, the National Average (latest data FQ4
24/25) was 15.2 weeks. The lengthening time periods during FQ4 can be attributed to and increased proportion of legacy determinations, significant issues with backoffice systems in Oct/Nov with delays rippling forward in terms of casework progression, and significant staff turnover within
FQ3 which has disrupted service delivery and case work management;  it is also noted that delays arising from the Xmas/New Year break and carried over leave being used will have impacted output at the beginning of the year.
Average Time to Determine Applications: Local (Excluding Householder) ( <6 Month, <1 Year, <2 Year, All) Volume of Applications Determined: Local (Excluding Householder) - Time Taken
The Average Time Taken to Determine Local (excluding Householder) Planning Applications
This tab provides detail on the average time taken to determine 'local' planning applications, this is based on raw data which does not take into account any delays that might arise from matters outwith the control of the planning authority.
12.4
10.1 10.2
12.9 13.5 14.0 12.7 12.1 11.6 11.5 12.7 12.2
10.2 10.9 11.2 10.9
14.5
18.515.7
24.7
16.8 17.0
19.9
24.5
27.6 27.4
30.2
33.4
30.0
37.8
31.2
26.4 26.7
24.5
26.7
29.2
0
5
10
15
20
25
30
35
40
FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3 FQ4 FY25/26
FQ1
FQ2 FQ3 FQ4
Ave no. of weeks to determine: Local (Excluding Householder) (<6 Month, <1 Year, <2 Year, All)
114
110
104
69
87
106
95
79
97
106
104
110
80
92
85
81
14
19
43
25
31
27
32
40
39
26
22
17
33
15
18
34
3
6
6
10
7
20
22
19
23
25
22
13
9
11
9
13
1
1
1
4
3
6
6
4
19
7
7
6
5
6
4
50% 60% 70% 80% 90% 100%
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
FQ4
FY25/26 FQ1
FQ2
FQ3
FQ4
% Split: Local (excluding Householder)
(<6 Month, <1 Year, <2 Year, All)
< 6 months 6 months - 1 year 1 - 2 years Over 2 years
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