Agenda reports pack
Argyll and Bute Council · 18 March 2026
Back to Planning, Protective Services and Licensing Committee — 18 March 2026 and its agenda
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 605522 DX 599700 LOCHGILPHEAD 11 March 2026 NOTICE OF MEETING A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be held BY MICROSOFT TEAMS on WEDNESDAY, 18 MARCH 2026 at 11:00 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. MINUTE (Pages 3 - 16) Planning, Protective Services and Licensing Committee held on 18 February 2026 4. PROPOSED LOCAL DEVELOPMENT PLAN 3: DEVELOPMENT PLAN SCHEME (Pages 17 - 46) Report by Executive Director with responsibility for Development and Economic Growth 5. LOCAL AIR QUALITY IN ARGYLL AND BUTE (Pages 47 - 88) Report by Executive Director with responsibility for Regulatory Services * 6. LAND CONTAMINATION REPORTS FOR DEVELOPMENTS IN ARGYLL AND BUTE (Pages 89 - 98) Report by Executive Director with responsibility for Regulatory Services Items marked with an “asterisk” are items, on the basis of information available at the time this Agenda is published, on which the Committee may not have delegated powers to act, and which may therefore require to be referred to the Council or another Committee, and that referral may depend on the decision reached at the meeting. 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, 18 FEBRUARY 2026 Present: Councillor Gordon Blair (Chair) Councillor John Armour Councillor Jan Brown Councillor Audrey Forrest Councillor Kieron Green Councillor Amanda Hampsey Councillor Graham Hardie Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Peter Wallace Attending: Stuart McLean, Committee Manager Peter Bain, Development Manager Sandra Davies, Major Applications Team Leader Kirsty Sweeney, Area Team Leader – Bute, Cowal, Helensburgh & Lomond Tim Williams, Area Team Leader – Oban, Lorn and the Isles Arlene Knox, Senior Planning Officer David Moore, Senior Planning Officer Shelley Gould, Senior Planning Officer Norman Shewan, Planning Officer Helen Wallace, Local Biodiversity Project Officer Mark Lancaster, Council’s Landscape Consultant 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Daniel Hampsey, Fiona Howard, Liz McCabe and Dougie Philand. 2. DECLARATIONS OF INTEREST Councillor Jan Brown advised that the application in respect of High Brenfield Wind Farm was within her Ward area. She advised that she has had no involvement in this application and that she would remain in the meeting and take part the consideration of this report which is dealt with at Item 6 of this Minute. Councillors Gordon Blair and Audrey Forrest advised that the application in respect of Giant’s Burn Wind Farm was within their Ward area. They both confirmed that they have had no involvement in this application and that they would remain in the meeting and take part in the consideration of the report which is dealt with at item 8 of this Minute. 3. MINUTE The Minute of the Planning, Protective Services and Licensing Committee held on 21 January 2026 was approved as a correct record. The Chair ruled, and the Committee agreed, to vary the order of business and consider Agenda Item 5 (Application Reference 25/00600/S36) before Agenda Item 4 (Application Reference25/00516/PP) due one of the Planning Officers experiencing technical difficulties joining the meeting. Page 3 Agenda Item 3
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4. CNOC BUIDHE WIND ENERGY HUB LIMITED: SECTION 36 CONSULTATION: CNOC BUIDHE WIND FARM ENERGY HUB, COMPRISING A WIND FARM OF UP TO 29 WIND TURBINES, WITH 14 OF THESE UP TO 180M TO BLADE TIP AND 15 UP TO 200M TO BLADE TIP, WITH ANCILLARY ENERGY STORAGE AND ASSOCIATED INFRASTRUCTURE: APPROXIMATELY 2.5 KM EAST OF BELLOCHANTUY AND 10 KM NORTHWEST OF CAMPBELTOWN (REF: 25/00600/S36) This item was continued from the previous meeting on 21 January 2026 to allow Members time to seek advice on the preparation of a competent Motion to object to this application on Landscape and Visual Impact Grounds. The Scottish Government’s Energy Consents Unit (ECU) were advised of Argyll and Bute Council’s intention to object on these grounds and that a more detailed representation would be submitted following consideration of the matter at this meeting. Decision The Committee agreed that the ECU be notified accordingly that: Argyll and Bute Council object to the application based on NPF 4 policies 4a and 11 Section E, Paragraphs 2, 3, 4 and 13 and LDP2 Policy 30 on the basis that the application would have a cumulative, significant and unacceptable adverse impact in respect of landscape, visual and cumulative matters. The current application comprises 29 wind turbines up to 200m high to blade tip. Landcover is almost entirely commercial forestry, in various stages of the planting, growing and felling cycle, connected by a network of forestry tracks. These tracks connect to the A83 which borders the site at its western access point. The Kintyre Way passes within 300m of the south-eastern site boundary along the western shore of Lussa Loch. The Kintyre 66 route follows the A83 on the western and B842/National Cycle Network 78 on the eastern Kintyre coast forming a loop around the Kintyre peninsula. The B843 passes 10km to the south between Campbeltown and Machrihanish. In the Landscape Experts report it is stated – ‘Significant landscape effects are limited to within 5 km, and visual effects to within 16km, of the site. While Members agree with the Landscape Expert’s opinion that this development will cause a significant adverse impact on the landscape character the Members disagree with the recommendation not to object to the application for the following reasons. Significant effects on landscape character are predicted in the LVIA for the host Landscape Character Type (LCT) 39: Plateau Moor and Forest – Argyll (Unit A) comprising significant (Major) direct effects within the site and significant indirect effects within 2km of the site during the construction phase. Similarly, during the operational phase significant (Major) direct effects were found within 2km and significant (Moderate) indirect effects within no more than 5km.’ The Landscape Expert is of the opinion that ‘Significant (Major) visual effects are predicted at Viewpoint 2: Lussa Loch Dam. Significant (Moderate) effects extend to over 15km from the proposal for the current baseline assessment and are predicted for 12 other viewpoints: 1, 3, 4, 5, 7, 8, 11, 13, 14, 15, 16 and 17. Significant effects are Page 4
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predicted for people within the settlements of Glenbarr (Moderate) and Machrihanish (Moderate).’ Significant sequential effects (Moderate) are predicted for the Tayinloan – Gigha Ferry Route. Significant sequential effects are also predicted for very localised sections of the Kintyre Way in the vicinity of Lussa Loch (Major) and a localised section of the route in the vicinity of Rhunahaorine Point (Moderate). The landscape expert goes on to say that ‘Significant (Major) effects are predicted for core paths between Campbeltown and Bridgend via Lussa Loch and significant (Moderate) effects are predicted for the core path between Machrihanish and Westport and the Glenbarr school route. Localised, significant effects are predicted from Core Paths (C088j, C088k, and C088l) as they traverse the western shore of Lussa. it could be argued that the sequential effects on the A83 and the promoted Kintyre 66 route have been underestimated, due to the susceptibility of the receptors being assessed as medium. The Council’s Consultant Landscape Architect believes it is likely there would be localised significant effects on the users of this route. The Council’s Consultant Landscape Architect also considers the significance of effects on road users in Viewpoint 4 could be judged as moderate (significant) rather than minor as currently reported, for the same reasons. The Planning and Renewable Energy Statement (PRES) accompanying Page 151 the EIAR appears in places misleading in the way it summarises the significant visual effects.’ The very large turbines of this proposal would be prominent in views from Gigha and from the Sound of Gigha and I consider that significant adverse effects would occur on the sense of remoteness and naturalness associated with the island and the immediate waters surrounding the island. The Significant Adverse effects are not limited to the local area but cover a large area to the west and in particular, within the West Kintyre Coast Local Landscape Area (LLA)’ ‘and it principally comprises settled and more intricately patterned coastal fringes with key special qualities likely to comprise a diverse landform and landcover pattern and views along the coast and out to sea to the west to Gigha, Islay and Jura.’ Members also agree with the landscape expert’s advice that ‘that there would be significant adverse effects on some of the key qualities of this LLA’. NPF4 Policy 11(e) (ii) (states that significant landscape and visual impacts are to be expected for some forms of renewable energy and where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable. NPF4 provides no guidance on the definition of what constitutes ‘localised’ effects. We submit that the very large turbines would be clearly seen from the Islay Ferry and that this proposal would have significant adverse effects on landscape and coastal character and on the character of the island of Gigha. Members of the Planning Committee submit that this is not a localised issue as the visual impact will cover an area larger than 9km and as such is contrary to NPF4 Policy 11(e)(ii). We the Planning Committee disagree with the recommendation not to object on the grounds of visual and landscape. Page 5
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In addition, visible aviation lighting would increase the duration of these adverse effects on views. (Report by Head of Development and Economic Growth dated 9 January 2026, supplementary report number 1 dated 20 January 2026 and supplementary report number 2 dated 2 February 2026, submitted) Councillor Paul Kennedy left the meeting during consideration of the foregoing item. 5. MR BILLY MCPHEE: REPOSITIONING OF 3 CHALETS (STATIC CARAVANS) (RETROSPECTIVE): AUCHENGOWER CARAVAN PARK, AUCHENGOWER PARK, COVE (REF: 25/00516/PP) The Area Team Leader spoke to the terms of the report and to supplementary report number 1 which advised for further comments submitted by an objector. This application was made following planning enforcement. Retrospective planning permission is sought for the repositioning of three caravans (one holiday and two residential use), along with the erection of decking and formation of parking/turning areas for each caravan within an established caravan park. The application site is at the southwest of the Auchengower Park which, from 7 April 2017, has been a registered caravan site for both residential and holiday caravans. A total of 14 representations has been received, of which 12 are in objection and 2 are in support. There is also an objection from Cove and Kilcreggan Community Council. Although the application has raised many concerns locally given it is retrospective and required enforcement action, it is the opinion of the Planning Authority that the representations do not raise any complex issues and Officers consider that a hearing would not add value to the planning process. There is support within the policy provision of the adopted National Planning Framework 4 (NPF4) and Local Development Plan 2 (LDP2) in terms of providing permanent affordable homes, supporting the tourism sector and sustaining an established business. It is acknowledged that the local landscape and ancient woodland has been affected by the development works. In approving the proposal, there can be significant gains to local biodiversity in terms of long-term woodland management, and the landscape harm can be somewhat mitigated. Having due regard to the Development Plan and all other material considerations, it was recommended that planning permission be approved as a minor departure to Development Plan Policy subject to the conditions, reasons and advisory notes appended to the report of handling. Decision The Committee agreed to grant planning permission as a minor departure to Development Plan Policy subject to the following conditions, reasons and advisory notes: 1. Approved Details Unless otherwise directed by any of the conditions below, the development shall be implemented in accordance with the details specified in the application form dated 1 May 2025; the supporting information; and the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an Page 6
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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 1 of 4 28.04.2025 Existing Site Plan 2 of 4 31.03.2025 Proposed Site Plan 3 of 4 28.05.2025 Chalet Floor Plan 4 of 4 10.04.2025 Landscape Plan 10B 20.01.2026 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Defining Use of Caravans: The occupation of caravans 1 and 3 hereby approved shall be permanent residences and the occupation of caravan 2 hereby approved shall be solely for holiday purposes and may not function as a permanent residence. Reason: In order to define the permitted occupancy having regard to the lawful use of the site. 3. External Lighting Unless otherwise agreed in writing with the Planning Authority, all external lighting on the application site shall be operated, positioned and angled in compliance with the Scottish Government Guidance Note “Controlling Light Pollution and Reducing Lighting Energy Consumption” (March 2007). Reason: In order to protect the amenity of the immediate area from the creation of nuisance due to light pollution and to support the reduction of energy consumption. 4. Wildlife Surveys Notwithstanding the provisions of Condition 1, within 1 month from the date of this decision, a detailed habitat and species survey shall be undertaken and the results, together with a scheme of enhancement measures, shall be submitted to and approved in writing by the Planning Authority. The survey methodology shall be submitted to and approved in writing by the Planning Authority before the survey commences. The scheme of measures shall be implemented in full accordance with a timescale to be agreed in writing with the Planning Authority or no later than 12 months from the date of this decision. Reason: To safeguard protected species and nature conservation interests and ensure the proposed biodiversity enhancement and landscape proposals are suitable. 5. Biodiversity Enhancement Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a final biodiversity statement, based on the findings of the species survey as Page 7
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per Condition 4, shall be submitted to and approved in writing by the Planning Authority. The statement shall demonstrate how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be implemented and maintained for the lifetime of the development. All physical biodiversity enhancement measures (e.g. bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes, etc) shall be implemented in full no later than 12 months from the date of this decision. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season or no later than 12 months from the date of this decision. The biodiversity statement should refer to Developing with Nature guidance | NatureScot and Scottish Government Planning Guidance: Biodiversity as appropriate. Reason: In order to comply with the requirements of NPF4 Policy 3. 6. Non-Native Species Removal Plan Within 3 months of the date of this permission, a long-term Invasive Non-Native Species (INNS) Flora Management and Removal Plan, including a timetable for the maintenance works, shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Council’s Biodiversity Officer. The approved plan shall have been prepared by a suitably qualified person. Thereafter, the plan shall be fully adhered to, and any removal shall be implemented in accordance with the plan and the timetable. Reason: In the interests of biodiversity Note: This guidance from FLS may be of use Stem Guide (low res web copy) single pages 7. Landscaping scheme Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a final scheme of landscape plan (based on the draft plan, received 20.01.2026) shall be submitted to and approved in writing by the Planning Authority. The scheme shall comprise a final planting plan and schedule which shall include details of: i. Proposed soft landscaping including the final location, species and size of every tree/shrub to be planted alongside the road edge with no gaps (based on any recommendations from the protected species survey). ii. Final paint colours for the decking. iii. Details of any soils to be brought on to site, including the source. Note: it should be sourced from a nearby site with compatible soil type to reduce impact. iv. A programme for ongoing maintenance. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority within 6 months of the decision hereby issued. Page 8
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Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 8. Changes to caravans The permission hereby granted relates to the retention of the caravans existing on the site at the date of the application only and no replacement caravans shall be sited on the land unless, and until, details of the size, design and colour of such replacement caravans have first been approved in writing of the Planning Authority. Reason: For the avoidance of doubt and to safeguard the visual amenities of the area. 9. Numbers of Caravans Not more than 3 caravans shall be sited on the land the subject of this permission at any one time and shall not be laid out other than in accordance with the approved Proposed Site Plan received by the Planning Authority on 28.05.2025. Reason: For the avoidance of doubt and to safeguard the visual amenities of the area. 10. Surface Water Drainage Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, details of a sustainable urban drainage system compliant with the guidance set out in CIRIA’s SuDS Manual C753 shall be submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Flood Advisors. The approved surface water drainage system shall be operational within a further 3 months of the scheme being approved and shall be maintained as such thereafter. Reason: In order to ensure that adequate surface water drainage is implemented to prevent flooding elsewhere. 11. Parking The parking area for a minimum of 1 vehicle per unit shall be retained for such a dedicated purpose, unless the prior consent for variation is obtained in writing from the planning authority. Reason: To comply with car parking standards contained in Policy 40 of the Argyll and Bute Local Development Plan. (Reference: Report by Head of Development and Economic Growth dated 5 February 2026 and supplementary report number 1 dated 18 February 2026, submitted) Page 9
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6. HIGH BRENFIELD WIND FARM LTD (ANGUS THOMSON): SECTION 36 CONSULTATION FOR ERECTION OF UP TO 10 WIND TURBINES WITH A MAXIMUM BLADE TIP HEIGHT OF UP TO 200 METRES: LAND APPROXIMATELY 2KM SOUTHWEST OF ARDRISHAIG (REF: 25/00984/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 the proposed High Brenfield 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 of handling. Decision The Committee agreed that the ECU be notified accordingly that: 1. Argyll and Bute Council, having particular regard to the Objection raised by NatureScot and deferring to their expertise, object to the proposal on landscape and visual grounds, as the proposed wind farm would result in significant adverse landscape and visual effects on Knapdale National Scenic Area (NSA), Kilmartin Glen and Loch Fyne, contrary to NPF4 Policy 4, NPF Policy 11, LDP2 Policy 30 and LDP 2 Policy 70. 2. Argyll and Bute Council object to the proposal in respect of potential impact of aircraft safety as set out in the NATS Safeguarding objection letter and therein referenced report dated 20.06.25. The objection by NATS confirms that the proposals are not currently considered to be in accordance with the requirements of NPF 4 Policy 11 (aircraft safety). For the avoidance of doubt, should the NATS Objection to this application be withdrawn then the objection of the Planning Authority should also be regarded as withdrawn. 3. Peat Landslide Hazard Risk Assessment - Argyll and Bute Council has been unable to reach a conclusion in respect to the Peat Landslide Hazard Risk Assessment (NPF4 Policies 5 and 11 and LDP2 30 and 79). Argyll and Bute Council object unless this issue is resolved to the satisfaction of Ironside Farrar prior to the determination of this application by the ECU. Should this issue not be resolved, the Council would defer to Ironside Farrar (or any other body appointed by the ECU to provide expert guidance on this matter) in the event that the application is referred to the DPEA for examination. 4. Archaeological Impact - Argyll and Bute Council has been unable to reach a conclusion within the time afforded in respect to Archaeological Impact as no response has been received from the West of Scotland Archaeology Service. Argyll and Bute Council are therefore not in a position to confirm whether the proposal is consistent with the relevant provisions of NPF4 Policy 7 and LDP2 Policy 21 and would recommend that the ECU consider these matters prior to determination. Page 10
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5. Argyll and Bute do not object on noise impact grounds, subject to the imposition of appropriate condition(s) to ensure operational noise and amplitude modulation matters are satisfactorily addressed, as recommended by the Council’s Noise Consultant, Mott MacDonald, specified in their Review of Evidence – Noise, dated August 2025. 6. Argyll and Bute Council do not object on Public Access grounds, subject to the inclusion of a condition requiring the developer to prepare an Access Plan for approval by the Council prior to the commencement of construction. 7. Argyll and Bute Council do not object on Roads access or safety grounds, subject to the inclusion of relevant conditions, as specified by Transport Scotland in their consultation response to the ECU dated 31.07.25 and as set out in this report. 8. Argyll and Bute Council do not object on Flooding and/or Drainage impact grounds subject to the inclusion of the conditions as set out in the response of the Councils Flooding advisor dated 03.07.25. 9. Argyll and Bute Council in accordance with the views of the Council’s Local Biodiversity Officer Objects to the proposals as it is considered that the applicant has failed to provide necessary biodiversity evaluation and weighting to trees within the area of Ancient Woodland which will be adversely affected by the proposals. It should also be noted that any further necessary bat surveys must be undertaken in respect of these trees, and any European Protected Species mitigation measures submitted and agreed by the Scottish Ministers prior to the granting of any deemed planning consent to ensure any consent is issued in compliance with all legislative requirements. 10. Argyll and Bute Council do not object in relation to impact on peat or proposed peat management issues subject to the imposition of appropriate conditions to address these matters as advised by SEPA and NatureScot in their consultation responses. 11. Argyll and Bute Council requests that all other conditions recommended by consultees are included in any Consent. (Reference: Report by Head of Development and Economic Growth dated 2 February 2026, submitted) 7. MR NIKOLAY PETKOV: SITING OF 4 GLAMPING PODS AND ASSOCIATED WORKS: BALKAN HOUSE, RAHANE (REF: 25/01118/PP) The Planning Officer spoke to the terms of the report. Before proceeding with his presentation, he advised of an error in the report of handling which advised that additional information was outstanding from the Applicant with regard to the private access junction and visibility splays arising from the consultation response from the Area Roads Officer. He confirmed that since drafting the report it had come to light that the additional information had been received by the Planning Authority. The information submitted showed an access junction and visibility splays in accordance with requirements of the Area Roads Engineer as set out in their consultation response. On this basis it was recommended that the technical reason for refusal number 5, appended to the report of handling, be omitted from any refusal for planning permission. However, he advised that Officers still considered that the application was unacceptable on other Page 11
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policy grounds and as such the recommendation that planning permission be refused remained unchanged with the exception that the reason for refusal relating to access be omitted. The site is located within the Rahane settlement area as identified in Argyll and Bute Local Development Plan 2 (LDP2) wherein Policy 1 states that development proposals will normally be acceptable subject to qualifying criteria. A total of 15 third party representations have been received, 14 objections and one neutral representation. It was the opinion of Planning Officers that a hearing would not add value to the planning process as the material considerations in relation to the proposal were not significantly complex. In this instance it is considered that the proposed development for site of 4 no. tourist accommodation cabins is contrary to policies of National Planning Framework 4 (NPF4) and of LDP2 and that there were no other material considerations of sufficient significance to indicate that it would be appropriate to grant planning permission in this instance as a departure to the Development Plan having regard to Section 25 of the Act. It was recommended that planning permission be refused for the reasons numbered 1, 2, 3, 4, 6 and 7 appended to the report of handling. Decision The Committee agreed to refuse planning permission for the following renumbered reasons: 1. Rahane is a minor settlement comprising exclusively residential development with no services / shops or other commercial land-uses located within this settlement and on this basis, the settlement has a tranquil, residential character. The introduction of a commercial tourist accommodation use comprising 4 no. 1-bedroom accommodation units, with capacity for small family accommodation, within an area of former residential garden area considered by the planning authority as capable of accommodating 1 no. 4-bedroom dwellinghouse, would result in an incompatible use relative to the surrounding homogenous residential land-use, that would be overly- intensive in nature and out of keeping with and detrimental to the established tranquil, residential character of this rural, residential settlement contrary to NPF 4 Policies 14 and 30 and LDP 2 Policies 01, 04, 05, 10 and 23. 2. The visual character of Rahane is made up largely by the pattern of built development in conjunction with natural landscape features. Existing houses are typically detached; average to relatively large in scale; traditional pitched-roof volumetric form and massing; and set within spacious and maturely landscaped gardens. There is a mix of external finishes including render, stone and timber cladding with roofs typically clad with natural or ‘artificial’ slate. The proposed siting of 4 no. single-storey, relatively small cabin type pods with mono-pitched roofs at a very shallow angle dispersed around the peripheries of the site would be completely out of keeping with the character of built development within this settlement in terms of layout, density, scale, massing and form to the detriment of visual character and amenity and inconsistent with the principles of ‘place-making’ contrary to NPF 4 Policies 14 and 30, and LDP 2 Policies 04, 05, 08, 10 and 23. Page 12
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3. It is considered that the proposed development would have a significantly adverse impact upon the residential amenities of the occupiers of nearby houses by reason of loss of privacy through overlooking of private open amenity space and by general disturbance from noise generated by the short-term accommodation of 4 no. holiday cabins/pods, contrary to the provisions of NPF 4 Policy 14 and 30 and LDP 2 Policies 08, 14 and 23. 4. The site cannot be accessed by foot easily as there is no pavement from the bus stop on the nearby Shore Road and the road is two-way, and traffic volumes are not low. The proposal is therefore not easily accessible by public transport, foot or bicycle, and as such is contrary to the provisions of NPF 4 Policy 30 and LDP 2 Policy 23, as it fails to provide safe access via sustainable and active travel to nearby tourist facilities. 5. The planning application forms confirm that there are trees on or adjacent to the application site and the Design and Access Statement advises that “existing mature vegetation has been retained wherever possible.” However, the existing trees on the site are not shown on the application drawings (other than a diagrammatic indication of the extent of the existing tree canopy) and it is not indicated if any of the existing trees are to be felled or cut back. It is considered by the planning authority that additional information is required in order to allow a full assessment of impact upon trees, including their biodiversity value. This additional information would include a tree survey and tree impact plan clearly identifying any trees to be cut-back or felled. It is considered that the information submitted is inadequate to allow a full assessment of impact on trees and their biodiversity value. 6. The wastewater drainage for proposed development is proposed to connect into an existing private treatment plant with an outflow to an existing watercourse, that has been sized for 2 no. 4-bedroom houses. One of these 4-bedroom houses, “Balkan House,” has been erected and connected to the private drainage system. On the basis of the information submitted, it is not considered that the applicant has demonstrated to the satisfaction of the planning authority that the existing private treatment system has adequate capacity to serve the existing 4-bedroom dwellinghouse plus the proposed 4 no. 1-bedroom tourist accommodation cabins; and as such the proposal is likely to have adverse impact on environmental, amenity or health problems contrary to NPF 4 Policy 18 and LDP 2 Policy 60. (Reference: Report by Head of Development and Economic Growth dated 5 February 2026, submitted) 8. GB WIND FARM LTD: SECTION 36 CONSULTATION: GIANT'S BURN WIND FARM, COMPRISING FIVE TURBINES UP TO 200 M TIP HEIGHT, TWO TURBINES UP TO 180 M TIP HEIGHT, A BATTERY ENERGY STORAGE SYSTEM, AND ASSOCIATED INFRASTRUCTURE: APPROXIMATELY 1.3KM NORTHWEST OF DUNOON (REF: 25/01342/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 Giant’s Burn 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. Page 13
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The Committee was asked to agree the recommended response to the ECU set out in the report of handling. Decision The Committee agreed that the ECU be notified accordingly that: 1. Following advice from NatureScot, Loch Lomond and the Trossachs National Park Authority and the Council’s Landscape Consultant Argyll and Bute Council object to the proposal on landscape and visual impact grounds, as the proposed wind farm would result in extensive significant adverse landscape and visual effects, contrary to NPF4 Policy 11, NPF Policy 4 and LDP2 Policy 30. 2. Following advice from SEPA and NatureScot Argyll and Bute Council object to the proposal on deep peat and priority peatland habitat grounds, as there are significant outstanding matters contrary to NPF4 Policy 11, NPF Policy 4 and LDP2 Policy 30, 73 and 79. Should this matter be satisfactorily resolved between ECU and SEPA and NatureScot, the Council’s objection would be withdrawn. Should this issue not be resolved the Council would defer to SEPA and NatureScot (or any other body appointed by the ECU to provide expert guidance on this matter) in the event of an examination by the DPEA. 3. Argyll and Bute Council object to the proposal on Peat Landslide Hazard Risk Assessment as there are significant outstanding matters contrary to NPF4 Policy 11, NPF Policy 4 and LDP2 Policy 30 and 79. The applicant has not provided an updated report as requested by the ECU. Argyll and Bute Council object unless this issue is resolved to the satisfaction of Ironside Farrar prior to the determination of this application by the ECU. Should this issue not be resolved the Council would defer to Ironside Farrar (or any other body appointed by the ECU to provide expert guidance on this matter) in the event of an examination by the DPEA. 4. Following advice from Historic Environment Scotland (HES), Argyll and Bute Council object to the proposal the based on cultural heritage impacts as there are significant effects on the setting of the Scheduled Monument Dunoon Castle and inconclusive effects on other scheduled monuments contrary to the provisions of NPF4 Policy 7 and LDP2 Policy 19. Should this matter be satisfactorily resolved between ECU and HES the Council’s objection would be withdrawn. Should this issue not be resolved the Council would defer to HES (or any other body appointed by the ECU to provide expert guidance on this matter) in the event of an examination by the DPEA. 5. Following advice from NATS and Glasgow Airport, Argyll and Bute Council object to the proposal the based on aviation impacts contrary to NPF4 Policy 11 and LDP2 Policy 30 and 43. Should this matter be satisfactorily resolved between ECU and NATS/Glasgow Airport the Council’s objection would be withdrawn. Should this issue not be resolved the Council would defer to NATS/Glasgow Airport (or any other body appointed by the ECU to provide expert guidance on this matter) in the event of an examination by the DPEA. 6. Argyll and Bute do not object on noise impact grounds, subject to the inclusion of an Operational Noise and Amplitude Modulation Planning Conditions, as recommended by the Council’s Noise Consultant, Mott MacDonald, specified in their Review of Evidence – Noise, dated January 2026. Page 14
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7. Argyll and Bute Council do not object on Public Access grounds, subject to the inclusion of a condition requiring the developer to prepare an Access Plan for approval by the Council prior to the commencement of construction. 8. Argyll and Bute Council do not object on Roads grounds, subject to the inclusion of relevant conditions, as specified by Argyll and Bute Council’s Roads Service and Transport Scotland in their consultation response to the ECU. 9. Argyll and Bute Council requests that the recommendations of the Council’s Local Biodiversity Officer and NatureScot are considered by the ECU. Specifically with reference to the need for mitigation (turbine feathering) for bats and surveys and mitigation for migratory salmonids, should consent be granted. 10. Argyll and Bute Council requests that all other conditions recommended by consultees are included in any Consent, should it be granted. (Reference: Report by Head of Development and Economic Growth dated 9 February 2026, submitted) 9. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ3 2025/26 A report providing an update on the performance of the Development Management Service for the reporting period FQ3 2025/26 was considered. Decision The Committee reviewed and agreed the content of the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 28 January 2026, submitted) Councillor Graham Hardie left the meeting during consideration of the foregoing item. 10. PLANNING AND INFRASTRUCTURE ACT 2025 - OBJECTION TO ENERGY CONSENT APPLICATIONS A report updating Members on new processes around objections to applications for energy consent following the Planning and Infrastructure Act 2025 was before the Committee for information. The new arrangements apply to applications for consent under section 36 and 37 of the Electricity Act 1989. Decision The Committee noted the content of the report. (Reference: Report by Head of Development and Economic Growth dated 3 February 2026, submitted) Page 15
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 18TH MARCH 2026 Proposed Local Development Plan 3: Development Plan Scheme 1.0 EXECUTIVE SUMMARY 1.1 The main purpose of this report is to seek PPSL Committee approval of the attached Development Plan Scheme (DPS), including its associated Participation Statement. See Appendix A. 1.2 Argyll and Bute Local Development Plan 2 (LDP2) was adopted in February 2024. The process of planning for its review and replacement began with the preparation of the first Development Plan Scheme (DPS), as agreed at Council on 24th April 2024. The DPS sets out the timetable for, and key milestones in, the LDP3 process and how people can become engaged at those stages. Annual updates of the DPS are a statutory requirement to verify the current position in terms of preparation of the LDP3 and to make any necessary adjustments. 1.3 This report presents the second annual update of the DPS. The key point to note is there has been a reprogramming to give an amended adoption date of November 2029 (previously June 2029). This re-scheduling has been made due to the unforeseen level of detail that is being required for the new Gatecheck, as well as the benefit in aligning with the Housing Needs and Demand Assessment (HNDA) and the Strategic Development Frameworks’s (SDF) so these can be taken into account. 1.4 Recommendations It is recommended that PPSL: i) consider the contents of this report and approve the Development Plan Scheme (DPS) attached in Appendix A for publication and submission to the Scottish Ministers. Page 17 Agenda Item 4
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 18TH MARCH 2026 Proposed Local Development Plan 3: Development Plan Scheme 2.0 INTRODUCTION 2.1 There is a statutory requirement to replace Local Development Plan 2 (LDP2). The process involves a number of statutory stages and significant engagement with communities, developers, key agencies, Councillors and other stakeholders. The revised Development Plan Scheme (DPS) (Appendix A) sets out the timetable and consultation process for LDP3 which is expected to take until November 2029 to complete for adoption. The DPS is required to be updated annually, taking into account ongoing stakeholder feedback on the Participation Statement. 3.0 RECOMMENDATIONS 3.1 It is recommended that PPSL: consider the contents of this report and approve the Development Plan Scheme (DPS) attached in Appendix A, for publication and submission to the Scottish Ministers. Page 18
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4.0 DETAIL 4.1 There is a statutory requirement to replace Local Development Plan 2 (LDP2) in no more than five years and this means preparing Local Development Plan 3 (LDP3) by March 2029. The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2019 (“the Act as amended”) sets out the preparation process and procedures associated with the production of the Plan. Given the number of statutory phases, scale of Argyll and Bute and nature of the issues to be addressed, this process is expected to take a further 3 and a half years to complete (around 5 and a half years in total), resulting in a proposed adoption date of November 2029. The planning authority is measured on its performance in respect of an up-to-date Local Development Plan by the Scottish Government. 4.2 Section 20B of the Act as amended requires each Planning Authority to prepare a DPS at least annually, and sets out specific requirements for the content and process of the LDP and DPS. 4.3 The DPS sets out the Council’s preparation process for LDP3 and an overview of what is likely to be involved at each stage. The DPS includes a Participation Statement which details with whom and how we will undertake effective engagement. In writing the Participation Statement regard was given to the statutory requirements in terms of production of an LDP as well as to good practice as set out in “Effective Community Engagement in Local Development Planning Guidance” (December 2024). 4.4 Under 20B (4A) of the Act as amended, when preparing the DPS planning authorities must seek the views of the public on what the content of the Participation Statement should be, and have regard to any views expressed. The original DPS was published online for a 4 week period with an online response form asking for any comments on the proposed Participation Statement. This was published via social media as well as via the LDP Newsletter. Emails were sent to Community Councils and colleagues in the Community Planning Partnership, the Community Development Team and Education and Youth groups. Additionally, this was subsequently picked up by the Council’s Keep in the Loop service who sent out an email alert prior to the closing date. Minor changes were made to the DPS in 2024 on the basis of the comments received, and prior to Council approval. 4.5 The DPS notes (at Section 8.8) that we remain “open for views” on the Participation Statement via email. No further comments have been received in this regard so no changes have been made to the Participation Statement in the revised DPS. Page 19
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4.6 The DPS also makes reference to work which will support the LDP3. These include:- • the Strategic Environmental Assessment (SEA) draft Environmental Report, which will identify and assess the environmental effects of proposed strategies, plans and programmes; • the Habitat Regulation Appraisal (HRA), which will assess potential impacts of LDP3 on European sites; • The Equality and Socio-Economic Impact Assessment (EqSEIA), which will take into account the 9 protected characteristics covered by the Equality Act 2010, and also the Public Sector Equality Act; the Fairer Scotland Duty; and the Islands (Scotland) Act 2018; • the proposed Delivery Programme, which will demonstrate a clear route to delivery for sites and proposals in LDP3. 4.7 Once the revised DPS has been approved for adoption by Members it is required to be published, copies placed in all public libraries within the planning authority area and 2 copies submitted to the Scottish Ministers. 4.8 Since the approval and publication of the DPS in April 2025 the following key actions have been completed or notably progressed in the LDP3 process: • The Helensburgh and Oban Strategic Frameworks (SDF’s) are well underway. Engagement has taken place with Councilors, Key Agencies and partner organisations, Community Councils, and the general public. The Frameworks are anticipated to be completed later in 2026 and will form key evidence to inform LDP3. • As required by the Town and Country Planning (Play Sufficiency Assessment) (Scotland) Regulations 2023, Play Sufficiency engagement is being undertaken, which will inform the Play Space Topic Paper. • To inform the Design, Quality and Place Topic paper, Place Standard Tool engagement is being used (as recommended in the LDP Guidance). In addition to public online engagement, Officers are working with schools to undertake targeted youth engagement. • Of the 18 Topic Papers which will make up the main body of the Evidence Report, 6 have been drafted and sent to key agencies and relevant external organisations. • The Play Sufficiency, Place Standard, and these first Topic Papers will all be made available online for public engagement in March 2026, as agreed by PPSL Members in December 2025. • Of the remaining 12 Topic Papers, 10 are well underway, with drafts expected to be completed and agreed with key agencies prior to public engagement being carried out in late spring and summer this year. 4.9 There has been reprogramming by 5 months, giving an amended adoption date of November 2029 (previously June 2029). This re-scheduling has been made Page 20
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due to the unforeseen level of detail that is being required for the new Gatecheck. AnLDP Summit was held on 8th December, attended by DPEA Reporters as well as representatives from the Scottish Government and Heads of Planning Scotland (HoPS), it was noted that there was only a 37% success rate across the 19 Gatecheck decisions issued by the DPEA. Guidance is in preparation which will assist with this process, and it is considered prudent to await its publication before submitting for our Gatecheck. A further reason for the re-scheduling is the benefit in aligning with the HNDA and SDF’s so these can be taken into account. Governance 4.10 The timeous preparation of development plans requires rigorous and carefully planned project management. The governance arrangements that support the delivery of LDP3 were approved by Council in April 2024 and are set out below:- • The following key stages go directly to full Council:- i) the Evidence Report, as required by Section 16B (5) and (6) of the Act as amended; ii) the Proposed Plan and proposed Delivery Programme, as required by Section 18 (1B) and (1C) and Section 21 (4), (4B) and (4C) of the Act as amended; iii) submission for Examination (including Council prepared Modification Report); iv) the decision to Adopt including Examination Modifications; v) adoption of the Delivery Programme. • The following preparatory and sub stages go to Planning, Protective Services and Licensing Committee only:- i) subsequent DPS revisions; ii) Delivery Programme revisions. Delivery 4.11 The general costs associated with the preparation of LDP3 are met from within the Development Policy budget. To reflect available resources, utilise the efficiencies and potential wider reach, and to keep costs to a minimum meeting statutory requirements, consultation stages will be conducted online only with assistance in libraries and at service points for those with no online facilities/capability. Elements of the process will generally be kept to the statutory minimum, for example deposit locations and adverts. The LDP3 process runs across a 5 year period and therefore there is a risk that the proposal of any additional resource reductions in the future could impact adversely on the delivery of LDP3 in line with the DPS, statutory requirements and performance indicators. 4.12 The costs for the DPEA Gatecheck and Examination are not covered by this budget. These are a cost pressure. Based on previous experience of the Page 21
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existing system these are likely to be in the order of £70-£100k. 30% of this cost would be anticipated in FQ4 2026/27, and 70% in FQ2 2029/30. Statutory printing requirements for the various stages, and printing the final LDP3 is not contained within this budget and would be estimated at £3-5k. 5.0 CONCLUSION 5.1 Engagement in the preparation of LDP3 is a vital component in the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2019 (“the Act as amended”). The DPS sets out a clear agenda for the LDP3 process and the associated public engagement and consultation as it progresses. 6.0 IMPLICATIONS 6.1 Policy – The Development Plan Scheme sets out the timetable and consultation process for the production of Local Development Plan 3 that will replace Local Development Plan 2, adopted 28th February 2024, in due course. 6.2 Financial – The cost for preparation of the DPS is contained within the Development Policy budget. The costs for Gatecheck and Examination are not covered by this budget. These are a cost pressure. Based on previous experience of the existing system these are likely to be in the order of £70- £100k. 30% of this cost would be anticipated in 30% of this cost would be anticipated in FQ4 2026/27, and 70% in FQ2 2029/30. Statutory printing requirements for the various stages, and printing the final LDP3 is not contained within this budget and is estimated at £3-5K. 6.3 Legal – There is a statutory duty to approve annually, publish and submit to the Scottish Ministers a Development Plan Scheme. 6.4 HR - None 6.5 Customer Service – The DPS sets out how our customers can get involved in the Local Development Plan process. 6.6 Risk - The preparation of LDP3 will run over 5 years and therefore there is an uncertainty regarding resource levels. Further reduction in resource levels would impact on delivery of LDP3 and could result in failure to meet legislative requirements and Scottish Government performance targets. 6.7 Climate Change - LDP3 will provide an up-to-date position in terms of land use development and climate change impacts against which to assess planning Page 22
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applications. A Strategic Environmental Assessment (SEA) will be carried out as part of the LDP3 process. 6.8 Fairer Scotland Duty - The DPS shows how the LDP3 process will be handled to encourage engagement with all. An Equalities Impact Assessment will be undertaken as part of the LDP3 process. 6.9 Equalities - protected characteristics. The DPS shows how the LDP3 process will be handled to encourage engagement with all. An Equalities Impact Assessment will be undertaken as part of the LDP3 process. 6.10 Consumer Duty - The DPS shows how the LDP3 process will be handled to encourage engagement with all. An Equalities Impact Assessment will be undertaken as part of the LDP3 process. 6.11 Island Communities - The DPS shows how the LDP3 process will be handled to encourage engagement with all. An Equalities Impact Assessment will be undertaken as part of the LDP3 process. 6.12 Children’s Rights and Wellbeing - LDP Preparation Guidance requires that Local Authorities make provision for including the youth and younger elements of population within the preparation of LDPs, and that plans to do this are demonstrated within the Development Plan Scheme. Kirsty Flanagan, Executive Director with responsibility for Development and Economic Growth Policy Lead: Councillor Gordon Blair 18th February 2026 For further information contact: Kim de Buiteléir - kim.debuiteleir@argyll-bute.gov.uk APPENDICES Appendix A: Development Plan Scheme 2026 Page 23
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. Argyll and Bute Local Development Plan 3 DEVELOPMENT PLAN SCHEME MARCH 2026 Appendix APage 25
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ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 3: DEVELOPMENT PLAN SCHEME 1. What is a Development Plan? 2. What is a Development Plan Scheme? 3. Current Local Development Plan (LDP2) 4. New Local Development Plan Arrangements 5. Influences of Plan Development 6. Stages of Plan Development 7. Other Work to Support LDP3 including Impact Assessments 8. Participation Statement 9. Follow the LDP Process 10.Indicative LDP3 Timeline Page 26
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1.0 WHAT IS A DEVELOPMENT PLAN? 1.1 Development Plans set out a spatial strategy to promote development, and guides decisions on applications for planning permission in line with that strategy. The statutory Development Plan comprises the National Planning Framework 4 (NPF4) (which is prepared by Scottish Ministers for the whole of Scotland) and the Local Development Plan (which is prepared by the Local Authority). The statutory Development Plan is informed by a non-statutory Regional Spatial Strategies (long term strategies for strategic development of the area) and Local Place Plans (community-led plans). 1.2 Argyll and Bute Council, as the planning authority for its area (excluding the Loch Lomond and Trossachs National Park) has a statutory duty under the Town and Country Planning (Scotland) Act 1997 as amended by the Planning (Scotland) Act 2019, to prepare a Local Development Plan (LDP) for the area at intervals of no more than 10 years. 1.3 LDP2 was adopted on 28th February 2024 and along with the NPF4, makes up the statutory Development Plan. The statutory Development Plan may supported by Supplementary Guidance and/or non-statutory Technical Guidance which would be material considerations. Together, these documents form the basis for planning decisions to ensure the right development happens in the right place. 1.4 We are now working on the Evidence Report stage of LDP3 which should be prepared within 5 years of adoption of LDP2. Section 9 sets out how we aim to achieve this, with adoption of LDP3 proposed for 2030. Development Plan Diagram Page 27
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2.0 WHAT IS A DEVELOPMENT PLAN SCHEME? 2.1 A Development Plan Scheme (DPS) tells you about the preparation of a Local Development Plan. 2.2 Whether you are a resident, landowner, developer, community representative, agent or public body, your input into the process is vital. The DPS aims to provide you with an easy to use guide as to when, where and how you can engage in the preparation process for the Local Development Plan. 2.3 This DPS covers the preparation process for the Argyll and Bute Local Development Plan 3 (LDP3). LDP3 will cover the whole of Argyll and Bute except for the area in the Loch Lomond and the Trossachs National Park, which is a separate planning authority. 2.4 The DPS also includes what is involved at each stage of preparation or review, and a Participation Statement in section 8 which outlines when consultation is likely to take place, with whom and its likely form, including the steps to be taken to involve the public. 2.5 The DPS includes a timetable in section 10 of when we intend to reach key stages of LDP3. These include: • Publication of the Evidence Report • Publication of the Proposed LDP3 • Submission of the Proposed LDP3 to the Scottish Ministers • Expected adoption of LDP3 2.6 This is the third DPS setting out the programme for preparing and reviewing LDP3, which will continue to be updated annually, taking into account ongoing stakeholder feedback on the Participation Statement. 2.7 We will update the DPS on at least an annual basis to reflect the progress of the preparation of LDP3. 3.0 CURRENT LOCAL DEVELOPMENT PLAN (LDP2) 3.1 The current Local Development Plan (LDP2) was adopted on 28th February 2024. Although new arrangements were in place prior to the adoption of this Plan (see section 4), under section 4 of the Planning (Scotland) Act 2019 (Commencement No. 12 and Saving and Transitional Provisions) Regulations 2023, LDP2 was able Page 28
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to progress under the old system in terms of requirements in these Regulations on their form and content, preparation, publication and publicity, Examination and monitoring. 3.2 LDP2 aligns with NPF4 as has been assured through the Examination process and final modifications prior to its adoption. LDP2 is accompanied by a Delivery Programme which was adopted on 26th September 2024. The Delivery Programme sets out how the policies and proposals are to be delivered and is to be reviewed every 2 years. 3.3 LDP2 is supported by additional non-statutory technical notes to assist with the delivery of the policies, with further to be produced in due course. 3.4 Strategies and Frameworks have been identified as commitments to be carried out during the lifetime of LDP2 which will feed into the preparation of LDP3. These include Strategic Development Frameworks for each of Oban, Helensburgh and Lomond (including a Green Belt review), Bowmore and Tobermory as well as an updated Forestry and Woodland Strategy. The Oban and Helensburgh Strategic Development Frameworks are being taken forward by external consultants. 4.0 NEW LOCAL DEVELOPMENT PLAN ARRANGEMENTS 4.1 The Planning (Scotland) Act 2019 was passed by the Scottish Parliament in June 2019 which has amended the Town and Country Planning (Scotland) Act 1997. The 2019 Act introduced the NPF4 as part of the Development Plan and has introduced changes to how Local Development Plans are prepared. 4.2 The LDP preparation is split into three distinct parts: • Evidence Gathering includes the requirement to prepare an “Evidence Report” following the gathering and collation of data and information which is assessed by Scottish Ministers at a Gate Check. • Plan Preparation draws on the Evidence Report as well as early engagement to prepare a proposed LDP including a spatial strategy. • Delivery is a key stage which, following the adoption and publication of the LDP, requires ongoing monitoring the impacts of policies and proposals. 4.3 Further information of what is involved in each step of this process as well as when we intend to undertake each step, is detailed within Section 6 and our indicative LDP3 Timeline at Section 10. Page 29
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5.0 INFLUENCES OF PLAN DEVELOPMENT 5.1 There are a wide range of factors that need to be taken into consideration in the preparation of a new Local Development Plan. The main ones are set out below: 5.2 National Planning context – Local Development Plans are influenced by a number of statutory requirements with the main Acts being the Town and Country Planning (Scotland) Act 119 as amended by the Planning (Scotland) Act 2019, and the Planning etc. (Scotland) Act 2006. At national level the Scottish Government has published the National Planning Framework 4 (NPF4) which forms part of the statutory Development Plan. Planning Authorities are required to take into account the NPF4 in the preparation of an LDP. 5.3 Argyll and Bute Outcomes Improvement Plan – Local Development Plans are also influenced by a range of other plans, strategies and policies, in particular for Argyll and Bute the Outcome Improvement Plan (formerly Single Outcome Agreement) which is viewed as the overarching governing document. This is prepared jointly by the Council and other Community Planning partners and establishes the overarching policies and actions for the management of Argyll and Bute. It has an outcome focused approach and ensures that the Community Planning Partnership’s aims are delivered in an integrated manner and aligned with Scottish Government outcomes. 5.4 The policies and actions with development and land use implications of the Outcome Improvement Plan are reflected in the current Local Development Plan (LDP2) and will be reflected in LDP3. The Delivery Programme that accompanies LDP2 sets out how the Council proposes to implement the Plan. 5.5 All planning authorities, either individually or working jointly with other authorities, are required to prepare a Regional Spatial Strategy (RSS). This does not form part of the Statutory Development Plan however planning authorities must have regard to any adopted RSS’s when preparing an LDP. An Indicative Regional Spatial Strategy (iRSS) was prepared by Argyll and Bute Council in 2020 which provided Scottish Ministers input into their preparation of the NPF4. Regulation regarding preparation of RSS is awaited from the Scottish Government. 5.6 Local Place Plans (LPP’s) are community-led plans setting out proposals for the development and use of land. Communities must have regard to the NPF4 and LDP (and any locality plan if applicable). LPP’s do not form part of the statutory Development Plan however planning authorities must have regard for LPP’s when preparing an LDP. Valid Local Place Plans are being registered by the planning authority and made available online. Page 30
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5.7 Self-build housing is where an individual (or individuals) commissions or is personally involved in the design and construction of a dwellinghouse as their main residence. Understanding the demand for self-build housing is important for the evidence base for the preparation of LDP3. Argyll and Bute Council are required to prepare and maintain a list of persons who have registered an interest with the intention of acquiring land for self-build. An application form has been made available online within the Planning Policy webpage. 5.8 Local Authority and its Partners – Argyll and Bute Council has the statutory responsibility for planning in the Council area, excluding the Loch Lomond and Trossachs National Park where the Park Authority controls the planning function. It is important that all the relevant services within the Council (for example Economic Development, Roads and Amenity Services and Education) are fully engaged in the Plan preparation as they are integral to delivery of the LDP3 strategy and aims. LDP3 will also be influenced by the priorities of other stakeholders as set out in their own strategies and programmes. The stakeholders include key agencies, which (as set out in Regulation 25) are Historic Environment Scotland; Nature Scot; Scottish Environmental Protection Agency; Scottish Water; Scottish Enterprise; Highland and Island Enterprise; Regional Transport Partnerships; Crofting Commission; and Health Boards. The Scottish Government also require the following bodies to have the same level of involvement in the Local Development Plan process: Transport Scotland; Scottish Forestry; Marine Scotland; and any Regional Marine Planning Partnerships. Neighbouring authorities are also consulted throughout the LDP3 process. 5.9 Communities – The input of local communities is very important. The aspirations of local communities are communicated in a number of ways, including through formal documents such as Community Plans and via their Community Councils, Community Development Trusts or other community organisations. The priorities for communities influence the outcomes of the planning process. It is also important that individuals are able to be involved in shaping the future of our area. 5.10 Development Sector – Developers, landowners, businesses and investors are all important to this process, through land that they own, or finance they are looking to invest, or businesses which they wish to grow or set up in the area. These interests will be critical to defining and realising the Vision that will be set out in LDP3. 5.11 Governance – The preparation of LDP3 is governed by a statutory process, the key stages of which are set out in this Development Plan Scheme. The Local Development Planning Guidance published in May 2023, replaces and repeals Circular 6/2013 and sets out the Scottish Ministers’ expectations for implementing the LDP process including requirements and advice in relation to NPF4. Page 31
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6.0 STAGES OF PLAN DEVELOPMENT 6.1 Early Preparation. This stage includes the preparation of this Development Plan Scheme (DPS), early consideration of the issues and inviting local communities to prepare Local Place Plans (LPP’s). 6.2 Evidence Report. The purpose of the Evidence Report is to support the quality and effectiveness of the LDP by informing and justifying the content of the LDP. This will be informed by the views of stakeholders and will be subject to independent assessment at the Gate Check. 6.3 Gate Check. The assessment of the Evidence Report is called the Gate Check. This is carried out by a person appointed by the Scottish Ministers (usually a reporter from the DPEA). The Gate Check is an independent assessment of whether the planning authority has sufficient information to prepare an evidence-led Plan. 6.4 Proposed Plan Preparation. LDP3 will be place-based and informed by an infrastructure first approach. Its preparation will give due regard to the Evidence Report and will be subject to consultation and engagement with key agencies, communities and other stakeholders, and be informed by other relevant plans and strategies as detailed in section 5. The content of the LDP will be assessed through impact assessments (including SEA) as detailed at section 7. Consultation is taken on board and may be reflected in a Modification Report. 6.5 Examination. This stage involves independent consideration of any issues raised during the consultation stage that have not been resolved through modifications. A person is appointed by Scottish Ministers to examine the LDP who will, on completion of their examination of the unresolved issues, prepare a report setting out conclusions and recommendations. These recommendations are largely binding on the planning authority. 6.6 Adoption. Following the Examination the planning authority proceeds to adoption of the Plan, taking into account the Examination Report. Once the LDP is adopted this forms part of the Statutory Development Plan which is the basis against which decisions on planning applications are made. 6.7 Delivery and Monitoring. The Delivery Programme will demonstrate a clear route to delivery for sites and proposals in the LDP. This phase concentrates on delivering identified outcomes in the LDP (which feed into national and global outcomes) to make Argyll and Bute a better place. Ongoing monitoring will be essential to review the effective and outcomes of the LDP and to identify and Page 32
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barriers to delivery – this then completes the loop as it will inform the initial stages of the subsequent LDP. 7.0 OTHER WORK TO SUPPORT LDP3 INCLUDING IMPACT ASSESSMENTS 7.1 As we progress through the Local Development Plan process we will make available information on the Strategic Environmental Assessment, Habitats Regulation Appraisal and the Equality and Socio-Economic Impact Assessment. 7.2 Strategic Environmental Assessment – The Environmental Assessment (Scotland) Act 2005 requires us to carry out a Strategic Environmental Assessment of the Local Development Plan. This is a process for identifying and assessing the environmental effects of proposed strategies, plans and programmes so that these are taken into account before they are approved or adopted. It is a vital tool which places environmental considerations at the heart of the decision-making process and ensures that alternatives are fully and transparently regarded before final decisions are taken. 7.3 We will consult with Nature Scot, Historic Environment Scotland and the Scottish Environmental Protection Agency in preparing our Strategic Environmental Assessment. The end result of this is an Environmental Report. 7.4 Habitats Regulation Appraisal – We will produce a new Habitats Regulations Appraisal on the potential impacts of the proposed Local Development Plan on European sites. This will be submitted to the Scottish Ministers along with the Proposed Local Development Plan 3. There are a number of designated European sites within Argyll and Bute and so as the plans and policies are prepared for LDP3 any potential adverse impacts on these protected sites and species will be carefully considered. 7.5 Equality and Socio-Economic Impact Assessment – under the Equality Act 2010 (Statutory Duties) (Scotland) Regulations 2011 we will undertake an Equality and Socio-Economic Impact Assessment (EqSEIA) of proposed policies and practices. In addition to the nine protected characteristics covered by the Equality Act 2010, the EqSEIA will take into account the Public Sector Equality Act; the Fairer Scotland Duty and the Islands (Scotland) Act 2018. Page 33
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8.0 PARTICIPATION STATEMENT 8.1 Community and stakeholder engagement is important in the planning process. It influenced the current policies and proposals in LDP2 and will influence the forthcoming plans and policies in LDP3. 8.2 The Effective Community Engagement in Local Development Planning Guidance (December 2024) sets out different levels of engagement appropriate to policy preparation activity, which have been summarised below. The term “consult” in this context should not be confused with references to consultation requirements in the Planning Act or Regulations. • Inform – providing balanced and objective information to inform those with an interest in the outcome • Consult – obtaining feedback to inform the planning authority in developing the proposals • Involve – working directly with stakeholders to enable them to influence development of proposals • Collaborate – to partner with participants to share development and decision making • Empower – to place decision making in other’s hands 8.3 At key stages we will engage with: • Stakeholders / key agencies in the public sector • Neighbouring local authorities and the Loch Lomond and Trossachs National Park • Statutory bodies and non-governmental organisations • Landowners, developers and others with business interests • The local community including residents and their representatives; Community Councils, Community Development Trusts and other community organisations; and other interested bodies • Elected Members Page 34
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8.4 We will use a variety of engagement techniques detailed in the list below. This includes information dissemination at each stage as well as full consultation, involvement and collaboration at key stages 2 and 4. We want to continue a discussion with all sectors of the community across Argyll and Bute but are particularly keen to secure the views and opinions of young people and families with children, as well as people in full time employment. These groups have been under-represented in the past and their involvement could help us look at new ways to achieve population retention and growth. In order to reach all sectors, information will be clear, accessible and in plain English where possible. • Provide information and consultation documents through our website, promoted by social media • Provide updates at key stages to those on our LDP3 contacts database, which will comprise anyone who requests to be added to receive updates, or who responds to consultations • Provide information through Community Councils, Council offices and local libraries • Place adverts in local newspapers and promote the LDP3 process with the media • Engage with the public and community at meetings and events • Provide online mapping of the proposed LDP3 • Engage with Councillors and Government agencies through Briefing meetings • Answer questions by email or telephone • Provide consultation updates via website and/or social media • Share information through social media • Provide for formal comments to be submitted online • Carry out Neighbour Notifications • Work with the Community Planning Partnership • Engage with young people through our Education partners • Adopt the use of online polling platforms 8.5 In line with Circular 2/2021 mediation may be used as a voluntary process to resolve issues of dispute between stakeholders Page 35
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8.6 Stages of Engagement Stage 1: Early Preparation Purpose (DPS): To give the public an opportunity to provide views on how the Council engages with them in the preparation of the Plan Purpose (LPP’s): To involve communities in the preparation of the Plan by empowering them to prepare Local Place Plans Stage 2: Evidence Report Purpose: To alert people to the start of the LDP3 preparation and involve communities to gather information for the Evidence Report. Stage 3: Gate Check No consultation at this stage (Information and Publicity only) Stage 4: Proposed Plan Preparation Purpose (Early Engagement): To provide an opportunity for people to put forward ideas to build a shared dialogue to shape the Plan’s content. Purpose (Consultation): To allow people to make formal representations on the content of the Proposed Plan. Stage 5: Examination No consultation at this stage (Information and Publicity only) Stage 6: Adoption No consultation at this stage (Information and Publicity only) Stage 7: Monitoring and Delivery No consultation at this stage Page 36
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8.7 Section 10 sets out in greater detail the stages we will go through and the estimated timescales for engagement and consultation. It provides a detailed breakdown of the Local Development Plan process, indicative timescales and the opportunity for engagement including any statutory periods of consultation. 8.8 You can keep up to date, access information on the Local Development Plan and contact the Argyll and Bute Council Local Development Plan Team as set out below. In particular we are “open for views” on the Participation Statement year round. Please email any views you would like taken into account in the preparation of next year’s Participation Statement to: ldp@argyll-bute.gov.uk 9.0 FOLLOW THE LDP PROCESS On the Council web site at Planning policy | Argyll and Bute Council (argyll-bute.gov.uk) And on X at: On Facebook @argyllandbute @ABC_Planning Ask a question: Email: ldp@argyll-bute.gov.uk Tel: 01546 604158 Page 37
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10.0 INDICATIVE LDP3 TIMELINE Stage 1: Early Preparation Q4 23/24 to Q2 24/25 (Jan 24 to Sep 24) - STAGE COMPLETE Stage 2: Evidence Report Q3 24/25 to Q3 26/27 (Oct 24 to Nov 26) Stage 2: LDP3 Activities Engagement Level Engagement Techniques Gather and collate evidence (Evidence to be monitored and reviewed) Inform, Involve, Collaborate Meetings with relevant Council officers and key agencies Community engagement Engagement with young people through Education partners. Work with Community Planning Partnerships Information – available on the dedicated Council webpage Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. Mediation may be used as a voluntary process to resolve issues of dispute between stakeholders Page 38
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Stage 2: LDP3 Activities Engagement Level Engagement Techniques SEA Scoping Consult Scoping Evidence Report Approval of Evidence Report by Council Submission to Scottish Ministers Inform Full Council to approve. Submission to Scottish Ministers Information – available on the dedicated Council webpage Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. Stage 3: Gatecheck Q3 26/27 to Q4 26/27 (Dec 26 to Feb 27) Stage 3: LDP3 Activities Engagement Level Engagement Techniques Prepare, collate and submit materials to DPEA for Gatecheck Gatecheck outcome received by DPEA Publish Evidence Report (and Assessment Report or Notification) Potential Consultation by appointed person Information – available on the dedicated Council webpage Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. Page 39
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Stage 4: Proposed Plan Preparation Q4 26/27 to Q3 28/29 (Mar 27 to Nov 28) Stage 4: LDP3 Activities Engagement Level Engagement Techniques Work to Inform Proposed Plan • Develop Spatial Strategy based on Evidence Report • Early engagement • Site Assessments (including SEA) • Undertake Transport Appraisal Consult, Involve, Collaborate Community Engagement – online response form Engagement with young people through Education partners. Work with Community Planning Partnerships Transport Appraisal – engagement with Argyll and Bute Council Roads department and Transport Scotland Information – available on the dedicated Council webpage Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. E-Newsletter to all in contacts database Proposed Plan (Drafting) • Prepare Proposed Plan including Spatial Strategy • Consultation on Delivery Programme • Present proposed Delivery Programme to full Council for approval Inform, Consult Full Council to approve Information – available on the dedicated Council webpage Consult on the Delivery Programme with key agencies, Scottish Ministers and anyone named in the Programme. Page 40
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Stage 4: LDP3 Activities Engagement Level Engagement Techniques • Assess local policies for SEA and Prepare SEA • Prepare Impact Assessments: o Habitats Regulation Appraisal o Public Sector Equality Duty Assessment o Fairer Scotland Duty Assessment o Island Communities Impact Assessment Publication and Consultation • Publish Proposed Plan, Evidence Report and Delivery Programme together • 12 week consultation on Proposed Plan and SEA • Publish Transport Appraisal, Habitats Regulation Appraisal, Pubic Sector Equality Duty Assessment, Fairer Scotland Duty Assessment and Island Communities Impact Assessment Inform, Consult, Involve, Collaborate Briefings with Community Councils Work with Community Planning Partnerships Engage with Young People through our Education partners Briefings with Councillors and key agencies Community / public meetings, events and/or drop-ins Direct mail – neighbourhood notifications Online response form Copies of Proposed Plan made available in public libraries and Development Policy Office (Manse Brae, Lochgilphead) and published on dedicated council webpage. Information – available on the dedicated Council webpage Page 41
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Stage 4: LDP3 Activities Engagement Level Engagement Techniques Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. E-Newsletter to all in contacts database Notice in local newspapers Stage 5: Examination Q3 28/29 to Q2 29/30 (Dec 28 to Aug 29) Stage 5: LDP3 Activities Engagement Level Engagement Techniques Modification • Modification of Proposed Plan (where appropriate) • Preparation of Modification Report • Revise SEA to reflect modifications and undertake further consultation if required • Revise and update other assessments as required Inform Internal liaison Information – available on the dedicated Council webpage Prepare Summary of Unresolved Issues Inform Full Council to approve Submission to Scottish Ministers Page 42
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Stage 5: LDP3 Activities Engagement Level Engagement Techniques Submit Summary of Unresolved Issues and copy of Proposed Plan, along with all supporting documents, to the Scottish Ministers Proposed LDP3 made available in public libraries and Development Policy Office (Manse Brae, Lochgilphead) and published on dedicated council webpage. Publicity - through social media and direct e-mailshot to Community Councils, key agencies and others on the LDP3 contacts database. Notice in local newspapers Examination Examination Report issued by Reporter Inform Information – available on the dedicated Council webpage Publicity - through social media Stage 6: Adoption Q2 29/30 to Q3 29/30 (Sep 29 to Nov 29) Stage 6: LDP3 Activities Engagement Level Engagement Techniques Modification of SEA (where necessary) Submit amended SEA to Scottish Ministers Inform Direct mail to Scottish Ministers (SEA) Modification of LDP3 (where necessary) Inform Full Council to approve Page 43
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Stage 6: LDP3 Activities Engagement Level Engagement Techniques Adopt and publish LDP3 Publish Report on Modifications or Recommended Modifications Statement Prepare SEA post adoption statement Publish SEA post adoption statement Information – available on the dedicated Council webpage Notice in local newspapers Direct mail to Scottish Ministers. Adopted LDP3, Report and Statement made available in public libraries and Development Policy Office (Manse Brae, Lochgilphead) and published on dedicated council webpage. Notify all those who made representation on the proposed Plan. Stage 7: Monitoring and Delivery Q3 29/30 to Q4 29/30 (Dec 29 to Feb 30) Stage 7: LDP3 Activities Engagement Level Engagement Techniques Publish Delivery Programme Inform Full Council to approve Publication of Delivery Programme on dedicated Council web page. Hard copies will be available at local libraries and the Development Policy (Manse Brae) office Page 44
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STAGE 1 2 3 4 5 6 7 Q4 23/24 Jan – Mar 24 Q1 24/25 Apr – Jun 24 Q2 24/25 Jul – Sep 24 Q3 24/25 Oct – Dec 24 Q4 24/25 Jan – Mar 25 Q1 25/26 Apr – Jun 25 Q2 25/26 Jul – Sep 25 Q3 25/26 Oct – Dec 25 Q4 25/26 Jan – Mar 26 Q1 26/27 Apr – Jun 26 Q2 26/27 Jul – Sep 26 Q3 26/27 Oct – Dec 26 Q4 26/27 Jan – Mar 27 Q1 27/28 Apr – Jun 27 Q2 27/28 Jul – Sep 27 Q3 27/28 Oct – Dec 27 Q4 27/28 Jan – Mar 28 Q1 28/29 Apr – Jun 28 Q2 28/29 Jul – Sep 28 Q3 28/29 Oct – Dec 28 Q4 28/29 Jan – Mar 29 Q1 29/30 Apr – Jun 29 Q2 29/30 Jul – Sep 29 Q3 29/30 Oct – Dec 29 Q4 29/30 Jan – Mar 30 WE ARE HERE Page 45
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ARGYLL AND BUTE COUNCIL Planning, Protective Services And Licensing Committee Development and Economic Growth 18 March 2026 LOCAL AIR QUALITY IN ARGYLL AND BUTE 1.0 EXECUTIVE SUMMARY 1.1. The quality of natural environment of Argyll and Bute has major influences on its economy, tourism, and on the health and wellbeing of residents and visitors to the area. 1.2. This paper presents the 2025 Annual Progress Report for Local Air Quality in Argyll and Bute, which fulfils the Council’s statutory duties under Part IV of the Environment Act 1995. The environmental health team have carried out the monitoring work over the course of the year to produce the Progress Report, which has been formally accepted by the Scottish Government. 1.3. The Progress Report concludes that: a. Local air quality in Argyll and Bute continues to be good with all indicator parameters below prescribed limits. There is no need for any designated Local Air Quality Management Areas in Argyll and Bute. b. Monitoring shows that nitrogen dioxide levels are below air quality objectives at all monitoring locations. c. Three key measures for improving air quality, to be incorporated in the environmental health service work plan for 2026/27, are: o Reviewing consultation processes for Air Quality issues within Development Management o Convening of a multi–Service Strategic Local Air Quality Working group. o Developing and publishing a Local Air Quality Strategy Recommendation: Members are asked to consider the Local Air Quality Annual Progress Report 2025 which confirms that local air quality in Argyll and Bute is good and agree the following actions: - • Establish a multi service air quality working group to consider the Scottish Government’s new proposals. • Review of arrangements for consultation on air quality impacts within the Planning Process. • Develop a new Council Air Quality Strategy. Page 47 Agenda Item 5
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ARGYLL AND BUTE COUNCIL Planning, Protective Services And Licensing Committee Development and Economic Growth 18 March 2026 LOCAL AIR QUALITY IN ARGYLL AND BUTE 2.0 INTRODUCTION 2.1. The quality of the natural environment of Argyll and Bute has major influences on its economy, tourism, and on the health and wellbeing of residents and visitors to the area. The environment is a key theme in many of the Council’s Corporate Outcomes. 2.2. This paper presents the 2025 Local Air Quality Annual Progress Report of Argyll and Bute Council, developed by the Council’s Environmental Health service, which meets the Council’s statutory duties under Part IV of the Environment Act 1995. This work concludes that air quality standards in Argyll and Bute are good and below the prescribed levels for all national parameters. 2.3. Air pollutants may now be largely invisible but their gases and particulates can be harmful to human health and the natural environment. Air pollution disproportionately affects the most vulnerable members of society, including the very young, the elderly and people with existing medical conditions. Measures to reduce air pollution aim to protect human health and eliminate health inequalities. In addition, they improve the quality of places and habitats in the wider environment. In 2018, Health Protection Scotland (HPS) provided an estimate of approximately 1,700 attributable (premature) deaths in Scotland annually for particulates. This figure rose to 2,000 as a reasonable estimate for combined pollutants. 2.4. Whilst the Council does not face any specific challenges in relation to meeting the current air quality objectives, it is anticipated that a new air quality framework will be published within the next year which will introduce an exposure reduction approach across the population. Whilst details of how this will be achieved are still to be consulted on it is likely that this approach will promote a wider corporate response to air quality improvement. In anticipation of this the following key measures have been proposed: 2.4.1. establishment of a Multi-Service Working Group to develop and publish an Air Quality Strategy. This provides a corporate framework to consider the Scottish Government proposals and their associated benefits for Public Health and Climate. 2.4.2. review arrangements for consultation on air quality impacts within the Planning process to ensure that the critical role of protecting air quality through redevelopment is maintained and promoted. 2.4.3. the development and publication of an Air Quality Strategy as a key role of the convened Multi-Service Working Group. Page 48
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3.0 RECOMMENDATIONS 3.1 Members are asked to consider the Local Air Quality Annual Progress Report 2025 which confirms that local air quality in Argyll and Bute is good and agree the following actions: - a) Establish a multi service air quality working group to consider the Scottish Government’s new proposals. b) Review of arrangements for consultation on air quality impacts within the Planning Process. c) Develop a new Council Air Quality Strategy. 4.0 DETAIL AIR QUALITY IN ARGYLL AND BUTE 4.1 Part IV of the Environment Act 1995 provides local authorities with a statutory duty to assess local air quality and support the Government’s duties and aims to improve health. The Act set out the regulatory framework requiring Local Authorities to meet the air quality objectives for eight priority pollutants and report annually on the measures undertaken to do so. The pollutants are nitrogen dioxide, particulates (PM10, PM2.5), sulphur dioxide, Benzene, 1,3 Butadiene, carbon monoxide, and lead. 4.2 Previous air quality reports have concluded that monitoring is not required for any of the pollutants other than nitrogen dioxide. Previous monitoring programs for fine particulates and carbon monoxide ceased, as they demonstrated that concentrations were well below national prescribed levels. The Councils’ air quality monitoring program, carried out by environmental health, focusses on nitrogen oxides (predominately from vehicular emissions). 4.3 The Annual Progress Report 2025, attached for Members’ information, concludes that monitoring for local air quality in Argyll and Bute continues to show a falling trend well below the current objective for nitrogen dioxide. 4.4 Key findings to note were: • Routine monitoring confirms that diffusion tube results for Nitrogen dioxide (NO2) are within air quality objectives. This monitoring was undertaken at 4 fixed sites where the highest traffic levels correspond to sensitive public exposure in urban centers of Oban and Helensburgh. • This monitoring shows that local air quality in Argyll and Bute continues to be good with nitrogen dioxide levels falling by an average of 51% over the last 10 years. • Redevelopment and expansion across Argyll and Bute continue to include potential to impact on air quality, reinforcing the need to ensure adequate assessment and where necessary, mitigation. Page 49
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4.5 In this year’s reporting the Council was required to identify three key measures for improving air quality. Environmental health service identified measures considered essential to ensuring a broader formal engagement between Council Services for improving air quality and providing a local framework to deliver Government expectations. In summary these are: • Reviewing consultation processes for Air Quality issues within Development Management • Convening of a multi–Service Strategic Local Air Quality Working group • Developing and publishing a Local Air Quality Strategy CLIMATE CHANGE AND CLEAN AIR FOR SCOTLAND 4.6 The impacts of Climate change can exacerbate health problems associated with poor air quality and pollution. Air quality and climate change are intrinsically linked, both arising from broadly the same sources. Measures that seek to improve air quality can also have a positive impact on the climate. 4.7 The Government’s strategy Cleaner Air for Scotland 2 – Towards a Better Place for Everyone (CAFS2), introduced in July 2021 is due to be reviewed and updated in 2026, The Cleaner Air for Scotland initiative is Scotland's air quality strategy setting out how the Government and its partner organisations propose to further reduce air pollution to protect human health and fulfil Scotland’s legal responsibilities. 5.0 CONCLUSION 5.1 The Council’s Local Air Quality Annual Progress Report for 2025 confirms that national air quality objectives are being met and that air quality in Argyll and Bute remains good. There is no requirement for the Council to proceed to any Detailed Assessment or to declare any Local Air Quality Management Areas (LAQMAs). 5.2 Monitoring work will continue to allow further assessment of air quality standards in Argyll and Bute. This will enable the Council to meet its statutory requirement to produce an annual report on air quality to the Scottish Government, and, where necessary, identify actions where there are exceedances of national levels. 5.3 The Council’s environmental health service identified three key measures in the Local Air Quality Annual Progress Report for 2025. These measures are considered essential to ensuring a broader formal engagement between Council Services for improving air quality and providing a local framework to deliver Government expectations. In summary these are: o Reviewing consultation processes for Air Quality issues within Development Management o Convening of a multi–Service Strategic Local Air Quality Working group o Developing and publishing a Local Air Quality Strategy. Page 50
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6.0 IMPLICATIONS 6.1 Policy: Consistent with Corporate Outcomes BO12 (Public Health and Health Protection) and BO13 (our built environment). 6.2 Financial None; Monitoring work incorporated within existing environmental health operating budget. 6.3 Legal Statutory duty under Part IV of Environment Protection Act, and progress Report has been submitted to Scottish Government. 6.4. HR 6.5. Customer service None. None. 6.6. Risk None. 6.7. Climate change Attributes to climate change outcomes. 6.8. Fairer Scotland Duty: 6.9. Equalities 6.10. Consumer duty 6.11. Island Communities None. Clean air is essential for our communities and the future of our economy. None. None. 6.12 Children’s Rights and Wellbeing None. Kirsty Flanagan Executive Director with responsibility for Regulatory Services Policy Lead for Planning and Regulatory Services: Councillor Gordon Blair Date: 24 February 2026 For further information contact: Alan Morrison, Regulatory Services Manager (Alan.Morrison@argyll-bute.gov.uk: 01546604292)/Anthony Carson, Environmental Health Officer (anthony.carson@argyll-bute.gov.uk) APPENDICES Appendix 1: 2025 Air Quality Annual Progress Report for Argyll and Bute Council Page 51
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid 2025 Air Quality Annual Progress Report (APR) for Argyll and Bute Council In fulfilment of Part IV of the Environment Act 1995, as amended by the Environment Act 2021 Local Air Quality Management September 2025 Appendix 1 Page 53
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid Information Argyll and Bute Council Local Authority Officer Anthony Carson Department Development and Economic Growth Address Kilmory, Lochgilphead PA31 8RT Telephone 01546 604421 E-mail envhealth@argyll-bute.gov.uk Report Reference Number LAQM/APR/2025 Approved by Alan Morrison, Regulatory Services and Building Standards Manager Signature Date 19 September 2025 Page 54
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 i Executive Summary: Air Quality in Our Area Air Quality in Argyll and Bute Council Air quality in Argyll and Bute is considered to be generally very good and complies with all the air quality objectives listed in Table 1.1. The Council has not identified any areas where air quality objectives may be under threat and where specific action is required to improve air quality. Monitoring during 2024 showed annual average nitrogen dioxide (NO₂) concentration well below the OBJECTIVE There is therefore no requirement to undertake a Detailed Assessment for any pollutant. Argyll and Bute is an authority with over 73% of its area classified as remote1 and a widely distributed population. Helensburgh is the only town with a population greater than 10,000 and industries tend to be geographically diverse and related to the natural assets of the area. Forestry and agriculture are prevalent inland, whilst in coastal areas there are a number of distilleries, aquaculture and fishing businesses. Large scale industry is absent and this is reflected by the low number and nature of industries regulated by SEPA under the Pollution Prevention and Control regime. Tourism makes a significant and important contribution to the Argyll and Bute economy and is responsible for higher summer-time traffic flows in some areas. The shift to install small to medium-sized biomass boilers at commercial premises has continued. Technical details supporting planning applications are subject to scrutiny and evaluation in accordance with guidance to ensure that air quality objectives should not be compromised. National modelling of sources of nitrogen dioxide (NO₂) and fine particulates⁷ show that background concentrations are very low. In the absence of industry hotspots, the major potential source of pollution that may impact on resident’s health is transportation. However, traffic flows tend to reflect the low density dispersed population. Nitrogen dioxide levels have been monitored at locations in a network of town centres for more than 10 years. This monitoring has shown a trend of low and decreasing NO₂. Current monitoring summary Page 55
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 ii • Monitoring at locations in Helensburgh and Oban, representing the highest likelihood of relevant exposure to traffic related NO₂ emissions, showed during 2024 that NO₂ levels were well below the annual objective, and that trends in the data over the last ten years are decreasing. • Monitoring location N2 Oban was moved at some point during 2023 and no longer meets the requirements for relevant exposure. Reporting of 2024 data from this location is not considered relevant and the continuation of monitoring at an alternative location is under review. • Monitoring activity in Helensburgh was affected by resourcing difficulties in the early months of 2024. These were resolved and sufficient data collected to enable annual average calculations. Actions to Improve Air Quality Where opportunities exist the Council supports initiatives such as the multi-agency Argyll Timber Transport Forum which aims to minimise the environmental impact of timber transport between forest and mill. This is achieved through the use of dedicated off- highway transport routes and sea transport via the TimberLINK network. The TimberLINK service ships up to 100,000 tonnes of timber a year from the Argyll ports of Ardrishaig, Campbeltown, Sandbank and temporary facilities to wood processing plants in Ayrshire. This removes around 8,000 lorry journeys (or nearly one million lorry miles) a year from roads between Argyll and Ayrshire, including tourist routes in Argyll and roads within the Greater Glasgow conurbation. The Council works in Partnership with Transport Scotland, Highlands and Islands Transport Partnership (HITRANS) and Strathclyde Partnership for Transport (SPT) to secure funding to install electric vehicle charging infrastructure across the region and to improve accessibility to public transport services with the aim of reducing the dependence on vehicles powered by fossil fuels. Local Priorities and Challenges Although the Council does not face any specific challenges in relation to air quality, it is anticipated that the expected publication of Cleaner Air for Scotland 3 (CAFS3), within the next year, will provide the Scottish Governments objectives for engagement and better Page 56
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 iii regulation to improve air quality. By establishing a Multi-Service Working Group, Argyll and Bute Council aim to provide a corporate framework to act on and deliver to these objectives realising their associated benefits for Public Health and Climate. The critical role of Development Management, in ensuring that air quality is protected through development, is recognised in the key action to review arrangements for consultation on air quality impacts within the Planning process. A key role of the convened Multi-Service Working Group will be to develop and publish an Air Quality Strategy. How to Get Involved The Council publishes a report summarising the results of its air quality monitoring Copies can be downloaded at https://www.argyll-bute.gov.uk/planning-and-environment/air- pollution-and-local-air-quality Page 57
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 1 Table of Contents Executive Summary: Air Quality in Our Area ................................................................... i Air Quality in Argyll and Bute Council ........................................................................................... i Actions to Improve Air Quality ..................................................................................................... ii Local Priorities and Challenges ................................................................................................... ii How to Get Involved ....................................................................................................................iii 1 Local Air Quality Management ................................................................................... 4 2 Actions to Improve Air Quality ................................................................................... 5 2.1 Air Quality Management Areas .............................................................................................. 5 3 Air Quality Monitoring Data and Comparison with Air Quality Objectives ............ 8 3.1 Summary of Monitoring Undertaken ...................................................................................... 8 Automatic Monitoring Sites .......................................................................................................... 8 Non-Automatic Monitoring Sites .................................................................................................. 8 3.2 Individual Pollutants ............................................................................................................... 8 3.2.1 Nitrogen Dioxide (NO2) ..................................................................................................................... 9 3.2.2 Particulate Matter (PM10) .................................................................................................................. 9 3.2.3 Particulate Matter (PM2.5) ................................................................................................................. 9 3.2.4 Sulphur Dioxide (SO2) ...................................................................................................................... 9 3.2.5 Carbon Monoxide, Lead and 1,3-Butadiene ..................................................................................... 9 4 New Local Developments ......................................................................................... 10 4.1 Road Traffic Sources ........................................................................................................... 10 4.2 Other Transport Sources ..................................................................................................... 10 4.3 Industrial Sources ................................................................................................................ 11 4.4 Commercial and Domestic Sources ..................................................................................... 11 4.5 New Developments with Fugitive or Uncontrolled Sources .................................................. 11 5 Planning Applications ............................................................................................... 13 6 Conclusions and Proposed Actions ........................................................................ 15 6.1 Conclusions from New Monitoring Data ............................................................................... 15 Page 58
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 2 6.2 Conclusions relating to New Local Developments ............................................................... 15 6.3 Proposed Actions ................................................................................................................ 15 Appendix A: Monitoring Results .................................................................................... 16 Appendix B: Full Monthly Diffusion Tube Results for 2024 ......................................... 25 Appendix C: Supporting Technical Information / Air Quality Monitoring Data QA/QC ........................................................................................................................................... 26 New or Changed Sources Identified Within Argyll and Bute Council During 2024 ...................... 26 Additional Air Quality Works Undertaken by Argyll and Bute Council During 2024 .................... 26 QA/QC of Diffusion Tube Monitoring ......................................................................................... 26 Diffusion Tube Annualisation ................................................................................................................... 27 Diffusion Tube Bias Adjustment Factors ................................................................................................. 27 NO2 Fall-off with Distance from the Road ................................................................................................ 27 Glossary of Terms ........................................................................................................... 29 References ....................................................................................................................... 30 Page 59
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 3 List of Tables Table 1.1 – Summary of Air Quality Objectives in Scotland ................................................. 4 Table 2.2 – Progress on Measures to Improve Air Quality................................................... 6 Table A.2 – Details of Non-Automatic Monitoring Sites ..................................................... 16 Table A.4 – Annual Mean NO2 Monitoring Results: Non-Automatic Monitoring (µg/m3) .... 17 Table B.1 – NO2 2024 Monthly Diffusion Tube Results (µg/m3) ......................................... 25 Table C.1 – Bias Adjustment Factor .................................................................................. 27 List of Figures Figure 1 Monitoring locations in Oban ............................................................................... 19 Figure 2 Monitoring locations in Helensburgh .................................................................... 20 Figure 3 Annual mean NO2 concentrations for site N1 Oban 2014 to 2024 ....................... 21 Figure 4 Annual mean NO2 concentrations for site N3 Oban 2014 to 2024 ....................... 22 Figure 5 Annual mean NO2 concentrations for site N8 Helensburgh 2014 to 2024 ........... 23 Figure 6 Annual mean NO2 concentrations for site N10 Helensburgh 2014 to 2024 ......... 24 Page 60
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 4 1 Local Air Quality Management This report provides an overview of air quality in Argyll and Bute Council during 2024. It fulfils the requirements of Local Air Quality Management (LAQM) as set out in Part IV of the Environment Act (1995), as amended by the Environment Act (2021), and the relevant Policy and Technical Guidance documents. The LAQM process places an obligation on all local authorities to regularly review and assess air quality in their areas, and to determine whether or not the air quality objectives are likely to be achieved. Where an exceedance is considered likely the local authority must declare an Air Quality Management Area (AQMA) and prepare an Air Quality Action Plan (AQAP) setting out the measures it intends to put in place in pursuit of the objectives. This Annual Progress Report (APR) summarises the work being undertaken by Argyll and Bute Council to improve air quality and any progress that has been made. Table 1.1 – Summary of Air Quality Objectives in Scotland Pollutant Air Quality Objective Concentration Air Quality Objective Measured as Date to be Achieved by Nitrogen dioxide (NO2) 200 µg/m3 not to be exceeded more than 18 times a year 1-hour mean 31.12.2005 Nitrogen dioxide (NO2) 40 µg/m3 Annual mean 31.12.2005 Particulate Matter (PM10) 50 µg/m3, not to be exceeded more than 7 times a year 24-hour mean 31.12.2010 Particulate Matter (PM10) 18 µg/m3 Annual mean 31.12.2010 Particulate Matter (PM2.5) 10 µg/m3 Annual mean 31.12.2021 Sulphur dioxide (SO2) 350 µg/m3, not to be exceeded more than 24 times a year 1-hour mean 31.12.2004 Sulphur dioxide (SO2) 125 µg/m3, not to be exceeded more than 3 times a year 24-hour mean 31.12.2004 Sulphur dioxide (SO2) 266 µg/m3, not to be exceeded more than 35 times a year 15-minute mean 31.12.2005 Benzene 3.25 µg/m3 Running annual mean 31.12.2010 1,3 Butadiene 2.25 µg/m3 Running annual mean 31.12.2003 Carbon Monoxide 10.0 mg/m3 Running 8-Hour mean 31.12.2003 Page 61
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 5 2 Actions to Improve Air Quality 2.1 Air Quality Management Areas Argyll and Bute Council currently does not have any AQMAs. Air Quality Management Areas (AQMAs) are declared when there is an exceedance or likely exceedance of an air quality objective. After declaration, the authority must prepare publish and implement an Air Quality Action Plan (AQAP) within the shortest possible time and no later than 12 months of the date of AQMA Designation Order. The AQAP must set out measures the local authority intends to put in place in pursuit of the objectives within the shortest possible time Measures should be provided with milestones and a final date for completion. The action plan itself should have a timescale for completion and for revocation of the AQMA. Where measures to reduce air pollution may require a longer timescale an action plan shall be reviewed and republished within five years of initial publication and then five-yearly thereafter. A number of measures considered by Argyll and Bute Council as key to improving air quality require a broader formal engagement between Council Services. These are included in Table 2.2 and in summary are: • Reviewing consultation processes for Air Quality issues within Development Management • Convening of a multi–Service Strategic Local Air Quality Working group. • Developing a Local Air Quality Strategy Page 62
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 6 Table 2.1 – Progress on Measures to Improve Air Quality Measure No. Measure Category Expected/Act ual Completion year Organisations Involved Measure Status Funding Status Key Milestones Progress Barriers to implementation 1 Review monitoring location Oban N2 Public information Completion in Dec 2025 Argyll and Bute Council Planned Within existing funds Options by end of November 2025 2 Establish multi- Service local air quality working group Policy guidance and development control Completion in March 2026 Argyll and Bute Council Planned Within existing funds Confirmation of representation December 2025 3 Improve AQ consultation within Dev Management through process review Policy guidance and development control Completion in March 2026 Argyll and Bute Council Planned Within existing funds Draft process development January 2026 4 Publish an Air Quality Strategy Policy guidance and development control Completion by March 2027 Argyll and Bute Council Planned Within existing funds Agree delivery timescales in multi - service working group work plan September 2026 Availability of staff resources from Services Page 63
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 7 Page 64
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 8 3 Air Quality Monitoring Data and Comparison with Air Quality Objectives 3.1 Summary of Monitoring Undertaken Automatic Monitoring Sites This section sets out what monitoring has taken place and how local concentrations of the main air pollutants compare with the objectives. Argyll and Bute Council does not undertake any automatic (continuous) monitoring within the authority’s area. Non-Automatic Monitoring Sites Argyll and Bute Council undertook non- automatic (passive) monitoring of NO2 at 5 sites during 2024 however data from only four monitoring locations are included in this report. One of the site locations (N2 Oban) was moved during street alterations in late 2023. Its new location doesn’t fulfil sufficient requirements for relevant exposure, and monitoring data collected there during 2024 is not considered appropriate for reporting. Continuation of monitoring at an alternative location is under review. Table A.1 in Appendix A shows the details of the sites. Maps showing the location of the monitoring sites are provided in Appendix A (Figures 1 and 2). Further details on Quality Assurance/Quality Control (QA/QC) and bias adjustment for the diffusion tubes are included in Appendix C. 3.2 Individual Pollutants The air quality monitoring results presented in this section are, where relevant, adjusted for annualisation and bias. Further details on adjustments are provided in Appendix C. Page 65
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 9 3.2.1 Nitrogen Dioxide (NO2) Table A.4 in Appendix A compares the adjusted monitored NO2 annual mean concentrations for the past five years with the air quality objective of 40 µg/m3 at non automatic monitoring sites. For diffusion tubes, the full 2024 dataset of monthly mean values is provided in Appendix B (Table B.1). The results show that for all sites the bias adjusted annual mean concentrations of NO2 continue to be well below the annual objective. These sites have been monitored continuously for more than 10 years allowing trends to be shown. Figures 3 to 6 (Appendix A) show continuing downward trend in annual average NO2 concentrations. Monitoring in this period has shown levels of NO2 well below the National objective with reductions of a minimum of 42% in annual average concentrations at all monitoring locations, and a 59% reduction at location N10 in Helensburgh (average reductions of 51% across all monitoring locations). This is likely to be the result of reduced vehicle emissions through improvements in engine technology and design and an increasing proportion of electric vehicles in transportation. 3.2.2 Particulate Matter (PM10) Argyll and Bute Council does not monitor Particulate Matter. 3.2.3 Particulate Matter (PM2.5) Argyll and Bute Council does not monitor Particulate Matter. 3.2.4 Sulphur Dioxide (SO2) Argyll and Bute Council does not monitor for SO2. 3.2.5 Carbon Monoxide, Lead and 1,3-Butadiene Argyll and Bute Council does not monitor carbon monoxide, lead or 1,3 butadiene. Page 66
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 10 4 New Local Developments Consultation on the Scoping Request (24/01650/SCOPE) for Phase 4 Housing Development and Commercial Development Zone of the Dunbeg Corridor Strategic Masterplan (ref No 16/03368.MPLAN), was received from the Planning Authority. Air Quality was raised in the consultation, but the Planning Authority agreed it be scoped out of the EIAR. Air Quality assessments were deferred to be considered for individual planning applications (see section 5. below). 4.1 Road Traffic Sources Argyll and Bute Council confirms that there are no roads or features in the following list that are new or newly identified that would require further assessment: • Narrow congested streets with residential properties close to the kerb. • Busy streets where people may spend one hour or more close to traffic. • Roads with a high flow of buses and/or HGVs. • Junctions. • New roads constructed or proposed • Roads with significantly changed traffic flows. • Bus or coach stations. 4.2 Other Transport Sources Argyll and Bute Council confirm that there were none of the following that are new or newly identified that would warrant further assessment: • Airports. • Locations where diesel or steam trains are regularly stationary for periods of 15 minutes or more, with potential for relevant exposure within 15m. Page 67
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 11 • Locations with a large number of movements of diesel locomotives, and potential long-term relevant exposure within 30m. • Ports for shipping. 4.3 Industrial Sources A new industrial installation involving construction of a distillery and brewery is nearing completion. The development has not been subject to air quality assessment. This only became apparent once the relevant planning application had been determined (21/02360/PP Formation of brewery and distillery comprising erection of visitor centre, production building, processing building, pump house and bonded warehouse, installation of sewage treatment plant and formation of vehicular access. Land South of Glenegedale River and East of Islay Airport Glenegedale Isle of Islay, Argyll and Bute). This occurred during a period of staff changeover which has reinforced the need to establish good practice through review of Air Quality consultation process within Development Management. The risk management options for this matter are under review. 4.4 Commercial and Domestic Sources No new assessments of biomass boilers (>50kW) were received for developments during 2024. Argyll and Bute Council confirm that no new risks of objectives being exceeded have been established, due to individual installations or the combined impacts of multiple biomass/domestic combustion installations. 4.5 New Developments with Fugitive or Uncontrolled Sources There are a number of new un-metalled access roads associated with forestry extraction or windfarm construction that are of a temporary nature and are hard surfaced with graded and rolled aggregate. These roads are of a standard suitable for road-going vehicles and Page 68
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 12 are invariably remote, inherently damp and do not threaten to cause breaches of PM10 or PM2.5 objectives. The Council does not propose to carry out individual assessments of these sources unless particular circumstances indicate that it would be appropriate. Page 69
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 13 5 Planning Applications Relevant planning applications (Chapter 3 of LAQM.TG22) submitted in 2024 were: Cullipool Slate Quarry - 23/02455/MIN The approved application was for the re-opening of an historic slate quarry on the island of Luing. This was conditioned to require submission and approval of Construction Environmental Management Plan (including air pollution and dust control measures) prior to commencement of development. Mid Argyll Community Hospital - 24/00571/PP The application was for the temporary siting of an external diesel fuelled boiler unit. This application followed an earlier retrospective application for the sitting of the boiler unit which was withdrawn. The boiler unit supplies hot water to hospital staff accommodation and is currently operating in the location subject of the withdrawn application. When an air quality assessment was requested, initial modelling showed potential for significant air quality impacts at nearby sensitive receptors, and the application was subsequently withdrawn. Air quality assessments for the proposed location have not been agreed, and the matter is outstanding. A suspensive condition has been recommended, and the application is yet to be determined. Laphroaig Distillery - 24/00786/PP The approved application was for the expansion of the distillery stillhouse which included a proposed boiler. A suspensive condition requiring an air quality assessment was recommended, however the matter was dealt with pre-determination, and an air quality assessment was submitted and agreed. Erection of Whisky Distillery - 24/01898/PP The application for a new distillery and visitor facilities includes provision of a boiler which could impact local air quality. An air quality assessment has been recommended predetermination. The application is awaiting decision. Page 70
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 14 The Brewery Glenegadale – 24/01914/PP The approved application for Brewery included provision of a diesel generator with potential to impact air quality. An air quality condition was recommended and an air quality submission agreed. Laggan Bay Distillery – 24/01915/PP The approved application was for siting of a diesel generator within the Distillery. An air quality condition was recommended and an air quality submission agreed. Kilchoman – 24/02180/PP The application was for erection of an anaerobic digester with associated combined heat and power plant. An air quality assessment for the combined heat and power proposals was provided and agreed. Dunbeg Residential – 24/02246/PP The application for residential development comprising 300 units is still to be determined. The EIA didn’t include Air Quality, and an air quality assessment was recommended as a condition. Dunbeg Commercial – 24/02245/PPP The application to support commercial development is still to be determined. The EIA didn’t include Air Quality, and an air quality assessment was recommended as a condition. Dunbeg Commercial (transport infrastructure) – 24/02248/PP The application to support development is still to be determined. The EIA didn’t include Air Quality, and an air quality assessment was recommended as a condition. Page 71
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 15 6 Conclusions and Proposed Actions 6.1 Conclusions from New Monitoring Data The graphs of diffusion tube monitoring results in Figures 3 to 6 (Appendix A) continue to show a long-term falling trend in NO2 levels for relevant locations in Helensburgh and Oban. All measured NO2 levels at these locations were well below the annual mean objective. On average over the last 10 years monitoring has shown the reduction in annual average NO2 levels of 51%, with a 59% reduction at location N10 in Helensburgh. There is therefore no requirement to undertake a Detailed Assessment. 6.2 Conclusions relating to New Local Developments A number of planning applications during 2024 were considered to contain proposals with potential adverse air quality impact. Recommendations for air quality assessment either pre-determination or through suspensive condition were recommended in most cases (see Section 5). Air quality impact will be considered when supporting assessment documents are submitted. 6.3 Proposed Actions Monitoring during 2024 was undertaken at locations in Oban and Helensburgh. There is relatively high local traffic flow through these towns, and the building heights and layout provide a topography which could concentrate ambient pollution levels. In both towns monitoring confirmed that levels of atmospheric NO₂ continue to be well below the air quality objective. Therefore, no actions to reduce NO₂ concentrations are required to meet this objective. Monitoring at locations in Helensburgh and Oban will continue in 2025. Results of monitoring and other air quality assessment work will be presented in the next Annual Progress Report due in June 2026. Page 72
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 16 Appendix A: Monitoring Results Table A.1 – Details of Non-Automatic Monitoring Sites Site ID Site Name Site Type X OS Grid Ref Y OS Grid Ref Pollutants Monitored In AQMA? Which AQMA? Distance to Relevant Exposure (m) (1) Distance to kerb of nearest road (m) (2) Tube co- located with a Continuous Analyser? Tube Height (m) N1 George Street 1, Oban Roadside 185921 729942 NO2 N/A 5 2 No 2.5 N3 George Street 3, Oban Roadside 185870 730317 NO2 N/A 0 5 No 2 N8 East Princes St, Helensburgh Roadside 229919 682287 NO2 N/A 4 2 No 2.5 N10 Sinclair Street Helensburgh Roadside 229675 682442 NO2 N/A 0 3 No 2.5 Notes: (1) 0m if the monitoring site is at a location of exposure (e.g. installed on/adjacent to the façade of a residential property). (2) N/A if not applicable. Page 73
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 17 Table A.2 – Annual Mean NO2 Monitoring Results: Non-Automatic Monitoring (µg/m3) Diffusion Tube ID X OS Grid Ref (Easting) Y OS Grid Ref (Northing) Site Type Valid Data Capture for Monitoring Period (%) (1) Valid Data Capture 2024 (%) (2) 2020 2021 2022 2023 2024 N1 185921 729942 Roadside 0, 14.0 19 11.1 N3 185870 730317 Roadside 100 16.1 18.3 9.4 N8 229919 682287 Roadside 75 10.3 10 9.24 5.9 6.12 N10 229675 682442 Roadside 75 10.9 14.1 13 8.1 9.16 ☐ Annualisation has been conducted where data capture is <75% and >25% in line with LAQM.TG22 ☒ Diffusion tube data has been bias adjusted. ☒ Reported concentrations are those at the location of the monitoring site (bias adjusted and annualised, as required), i.e. prior to any fall-off with distance correction. Notes: Exceedances of the NO2 annual mean objective of 40 µg/m3 are shown in bold. NO2 annual means exceeding 60 µg/m3, indicating a potential exceedance of the NO2 1-hour mean objective are shown in bold and underlined. Page 74
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 18 Means for diffusion tubes have been corrected for bias. All means have been “annualised” as per LAQM.TG(22) if valid data capture for the full calendar year is less than 75%. See Appendix C for details. (1) Data capture for the monitoring period, in cases where monitoring was only carried out for part of the year. (2) Data capture for the full calendar year (e.g. if monitoring was carried out for 6 months, the maximum data capture for the full calendar year is 50%). Page 75
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 19 Figure 1 Monitoring locations in Oban Page 76
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 20 Figure 2 Monitoring locations in Helensburgh Page 77
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 21 Figure 1 Annual mean NO2 concentrations for site N1 Oban 2014 to 2024 This chart shows a drop in annual mean concentrations from 21µg/m3 in 2014 to 11.1µg/m3 in 2024. It shows a long-term falling trend in annual mean concentrations at this location. The drop between 2021 and 2024 appears more dramatic as there is no data for 2022 and 2023. All annual mean NO2 concentrations in this period are well below the annual mean objective. 0 5 10 15 20 25 30 35 40 45 2014 2015 2016 2017 2018 2019 2020 2021 2024 NO 2 CONCENTRATION YEAR Oban George Street (N1) Annual Mean NO2 Concentration (µg/m3) Annual Mean Concentration Air Quality Objective Page 78
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 22 Figure 4 Annual mean NO2 concentrations for site N3 Oban 2014 to 2024 This chart shows a drop in annual mean concentrations from 22.4µg/m3 in 2014 to 9.4µg/m3 in 2024. It shows a long-term falling trend in annual mean concentrations at this location. The drop between 2021 and 2024 appears more dramatic as there is no data for 2022 and 2023. All annual mean NO2 concentrations in this period are well below the annual mean objective. 0 5 10 15 20 25 30 35 40 45 2014 2015 2016 2017 2018 2019 2020 2021 2024 NO 2 CONCENTRATION YEAR Oban George Street 3 (N3) Annual Mean NO2 Concentration (µg/m3) Annual Mean Concentration Air Quality Objective Page 79
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 23 Figure 5 Annual mean NO2 concentrations for site N8 Helensburgh 2014 to 2024 This chart shows a drop in annual mean concentrations from 11.9µg/m3 in 2014 to 6.2µg/m3 in 2024. It shows a long-term falling trend in annual mean concentrations at this location. All annual mean NO2 concentrations in this period are well below the annual mean objective. 0 5 10 15 20 25 30 35 40 45 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 NO 2 CONCENTRATION YEAR Helensburgh Princes Street (N8) Annual Mean NO2 Concentration (µg/m3) Annual Mean Concentration Air Quality Objective Page 80
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 24 Figure 6 Annual mean NO2 concentrations for site N10 Helensburgh 2014 to 2024 This chart shows a drop in annual mean concentrations from 15.6µg/m3 in 2014 to 9.6µg/m3 in 2024. It shows a long-term falling trend in annual mean concentrations at this location. All annual mean NO2 concentrations in this period are well below the annual mean objective. 0 5 10 15 20 25 30 35 40 45 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 NO 2 CONCENTRATION YEAR Helensburgh Sinclair Street (N10) Annual Mean NO2 Concentration (µg/m3) Annual Mean Concentration Air Quality Objective Page 81
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 25 Appendix B: Full Monthly Diffusion Tube Results for 2024 Table B.1 – NO2 2024 Monthly Diffusion Tube Results (µg/m3) DT ID X OS Grid Ref (Easting) Y OS Grid Ref (Northing) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Mean: Raw Data Annual Mean: Annualised and Bias Adjusted <(x.x)> Annual Mean: Distance Corrected to Nearest Exposure Comment N1 Oban 185921 729942 13.1 14.4 11.3 13.6 10.6 15.3 16.7 9.9 20.9 13.3 14.6 7.9 13.5 11.1 N3 Oban 185870 730317 8.2 10.9 8.7 6.3 13.2 8.6 16.5 7.7 19.3 10.3 17.8 8.8 11.4 9.4 N8 Helensburgh 229919 682287 12.2 5.3 3.7 5.7 5.7 10.1 9.3 4.8 10.4 7.5 6.12 N10 Helensburgh 229675 682442 17.5 6.6 5.6 10.6 6.9 11.7 10.7 15.9 15 11.17 9.16 ☒ All erroneous data has been removed from the NO2 diffusion tube dataset presented in Table B.1. ☐ Annualisation has been conducted where data capture is <75% and >25% in line with LAQM.TG22. ☐ Local bias adjustment factor used. ☒ National bias adjustment factor used. ☐ Where applicable, data has been distance corrected for relevant exposure in the final column. ☒ Argyll and Bute Council confirm that all 2024 diffusion tube data has been uploaded to the Diffusion Tube Data Entry System. Notes: Exceedances of the NO2 annual mean objective of 40 µg/m3 are shown in bold. NO2 annual means exceeding 60 µg/m3, indicating a potential exceedance of the NO2 1-hour mean objective are shown in bold and underlined. See Appendix C for details on bias adjustment and annualisation. Page 82
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 26 Appendix C: Supporting Technical Information / Air Quality Monitoring Data QA/QC New or Changed Sources Identified Within Argyll and Bute Council During 2024 Argyll and Bute Council has not identified any new sources relating to air quality within the reporting year of 2024. Additional Air Quality Works Undertaken by Argyll and Bute Council During 2024 Argyll and Bute Council has not completed any additional works within the reporting year of 2024. QA/QC of Diffusion Tube Monitoring The NO2 diffusion tubes are supplied and analysed by Glasgow Scientific Services (GSS) and prepared by using 20% TEA in water. The duration of exposure is normally the 4/5 week period suggested by the calendar provided by Defra. GSS have adopted the procedures for preparation and analysis contained in the document “Diffusion Tubes for Ambient NO2 Monitoring:- Practical Guidance.” Section 3 of this document also provides the basis for the operation of the Council’s diffusion tube network GSS have advised they have accreditation for the analysis of exposed tubes and the cleaning and re-use of the tubes. Before deploying any re-used tubes they carry out quality control assessments to ensure they have been properly cleaned. GSS participate in the NPL intercomparison exercise, and also the LGC proficiency testing (AIR NO2 PT). A national bias adjustment factor of 0.82¹º (for GSS laboratory) was applied to the annual mean NO2 concentrations for 2024. Page 83
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 27 No local co-location studies in Argyll and Bute were available to produce local bias adjustment factors. Diffusion Tube Annualisation All diffusion tube monitoring locations where there was sufficient confidence in the monitoring within Argyll and Bute Council recorded data capture of 75% therefore it was not required to annualise any monitoring data. Diffusion Tube Bias Adjustment Factors Argyll and Bute Council have applied a national bias adjustment factor of 0.82 to the 2024 monitoring data. A summary of bias adjustment factors used by Argyll and Bute Council over the past five years is presented in Error! Not a valid bookmark self-reference.. Table C.1 – Bias Adjustment Factor Year Local or National If National, Version of National Spreadsheet Adjustment Factor 2024 National V06/25 0.82 2023 National V03/24 0.74 2022 National v03/23 1.05 2021 National v06_22 1.12 2020 National v06_21 0.95 NO2 Fall-off with Distance from the Road No diffusion tube NO2 monitoring locations within Argyll and Bute Council required distance correction during 2024. Page 84
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 28 Page 85
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 29 Glossary of Terms Abbreviation Description AQAP Air Quality Action Plan - A detailed description of measures, outcomes, achievement dates and implementation methods, showing how the LA intends to achieve air quality limit values’ AQMA Air Quality Management Area – An area where air pollutant concentrations exceed / are likely to exceed the relevant air quality objectives. AQMAs are declared for specific pollutants and objectives APR Annual Progress Report AURN Automatic Urban and Rural Network (UK air quality monitoring network) Defra Department for Environment, Food and Rural Affairs DMRB Design Manual for Roads and Bridges – Air quality screening tool produced by Highways England DT Diffusion Tube FDMS Filter Dynamics Measurement System LAQM Local Air Quality Management NO2 Nitrogen Dioxide NOX Nitrogen Oxides PM10 Airborne particulate matter with an aerodynamic diameter of 10µm (micrometres or microns) or less PM2.5 Airborne particulate matter with an aerodynamic diameter of 2.5µm or less QA/QC Quality Assurance and Quality Control SO2 Sulphur Dioxide Page 86
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Argyll and Bute Council Comhairle Earra-Ghàidheal agus Bhòid LAQM Annual Progress Report 2025 30 References (1) http://www.scotland.gov.uk/Topics/Statistics/About/Methodology/UrbanRuralClassifi cation (2) Argyll and Bute Council. Local development Plan. (3) Argyll and Bute Council. Economic Strategy. (4) 2022 Air Quality Annual Progress Report for Argyll and Bute Council (5) Defra in partnership with the devolved administrations, Technical Guidance LAQM.TG(16), February 2018 (6) Defra in partnership with the devolved administrations, Technical Guidance LAQM.TG(09), February 2009 (7) http://www.scottishairquality.co.uk/data/mapping?view=data (8) Argyll and Bute Council. Online access to planning applications is available at http://publicaccess.argyll-bute.gov.uk/online-applications/ (9) Loch Lomond and Trossachs National Park Authority. Online access to planning applications is available at https://eplanning.lochlomond- trossachs.org/OnlinePlanning/?agree=0 (10) http://laqm.defra.gov.uk/bias-adjustment-factors/national-bias.html (11) Local Development Plan 2 | Argyll and Bute Council (argyll-bute.gov.uk) Page 87
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ARGYLL AND BUTE COUNCIL Planning, Protective Services and Licensing Committee Development and Economic Growth 18 March 2026 LAND CONTAMINATION REPORTS FOR DEVELOPMENTS IN ARGYLL AND BUTE 1.0 EXECUTIVE SUMMARY 1.1. Where the redevelopment of land is proposed and previous use indicates the potential for land contamination, it is the responsibility of the developer to demonstrate that their proposal is “suitable for use”, through a phased process of risk assessment and ground investigation. 1.2. Land contamination reports are reviewed by Environmental Health to support decisions in the Planning process. Many reports don’t meet the quality expected of them and are insufficient. 1.3. Poor quality reporting is causing an unsustainable resource burden in Regulatory Services, increasing workload demand, and causing delays whereby applicants cannot meet the terms of their planning consent. This led to an increase in corporate complaints and frustrations for developers, agents and Council officers. Regulatory Services developed a pilot to introduce a novel approach to address these problems and the pilot has been successful. This report seeks Committee approval of the fee structure to support these changes to operational procedures. 1.4. As well as a fast-track option for developers, the pilot adopted a dual approach where developers were recommended to have their reports pre-checked by a registered Suitably Qualified Person within the National Quality Mark Scheme (NQMS) prior to submission, or, requested to pay a 3rd party peer review fee on submission of their un- checked reports. 1.5. An initial evaluation has found early indications that this approach has • reduced the likelihood or length of delays for developers • improved the quality of reports received, and • reduced resource burden on the Service 1.6. This novel service development provides necessary resilience of the Environmental Health service in its support for the Planning process in the redevelopment of land, and improvements for applicants and developers. Recommendation: Members are asked to consider this report, the service’s intention to formalise the pilot into service procedures and recommend to Council approval of the associated fees and charges detailed in paragraph 4.22. Page 89 Agenda Item 6
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ARGYLL AND BUTE COUNCIL Planning, Protective Services and Licensing Committee Development and Economic Growth 18 March 2026 LAND CONTAMINATION REPORTS FOR DEVELOPMENTS IN ARGYLL AND BUTE 2.0 INTRODUCTION 2.1. Where the redevelopment of land is proposed and previous use indicates the potential for land contamination, it is the responsibility of the developer to demonstrate that their proposed development is “suitable for use”. This is normally done through a phased process of risk assessment and ground investigation. 2.2. Land contamination risk assessment and ground investigation reports are submitted by developers and passed to Environmental Health to assess whether they meet expected standards, align with authoritative guidance, and their conclusions are evidence based. 2.3. The capacity within Environmental Health staff establishment for all land contamination regulation activity (0.6 FTE), has long since been surpassed by the demand from the council’s planning service and their need for expertise relating to contaminated land issues. This resulted in a growing backlog and delay in the report review process. There is no available budget to increase the staff resource at this current time. 3.0 RECOMMENDATIONS 3.1 Members are asked to consider this report, the service’s intention to formalise the pilot into service procedures, and recommend to Council approval of the associated fees and charges detailed in paragraph 4.22 4.0 DETAIL MEASURES TO SUPPORT CHALLANGING WORKLOAD 4.1 In December 2023, a specialist consultancy was engaged to provide third party peer review of report submissions. The initial 3-month period has been extended on several occasions with the costs being covered by vacancy savings. 4.2 The specialist peer review consultancy corroborated the experience of Environmental Health, that many report submissions were insufficient. For several sites there have been multiple resubmissions of reports without any meaningful improvement. IMPACT OF POOR-QUALITY SITE INVESTIGATION REPORTS 4.3 The review of poor-quality reporting expends disproportionate Council resources and has created delays in review response times for all brownfield developments. Repeated delays in development terms are not only frustrating and costly but, in some cases, can jeopardise redevelopment projects. Page 90
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4.4 There is no revenue budget for third party peer reviews and the burden of continuing this support, on existing Service resources, is not sustainable. The status quo cannot continue. 4.5 Financial pressures on local authority budgets increasingly drive alternative ways to ensure resilience in service provision. Future proofing requires a proportionate and sustainable solution. 4.6 An evaluation of the site investigation review process identified the merit of transferring the cost burden of poor-quality reporting from the Council to those that procure consultants directly. This provides a direct financial incentive for the developers to ensure procurement decisions are made on demonstrable quality and competency. ENVIRONMENTAL HEALTH PILOT 4.7 We are not alone in facing the issue of poor-quality reporting. The brownfield industry has recognised its significance and developed a National Quality Mark Scheme (hereafter referred to as NQMS) for land contamination reports. 4.8 NQMS is endorsed in regulatory guidance recently adopted by the Scottish Government and provides developers with a way to ensure their consultant’s reports meet minimum standards and competency. (A summary of NQMS is provided in Appendix 1) 4.9 In May 2025 a pilot was developed to promote better quality report submissions through recommending NQMS. It was anticipated that this would reduce delays in report review, reduce the number of report resubmissions, and transfer the cost burden of poor-quality reporting to applicants. 4.10 The pilot brought together a number of complementary processes: 4.10.1 An ‘on request’ fast-track report review option, where developers were prepared to pay a fee. 4.10.2 The use of NQMS by requesting submitted reports be certified by a Suitably Qualified Person (hereafter referred to as SQP) with a Declaration of Document Adequacy. 4.10.3 A fee request from developers for third party peer review of reports they submitted without NQMS certification. 4.11 The pilot ran from June 2025 and was initially reviewed after 4 months. During this time there were 38 report submissions. 31 of these were consigned for third party peer review, with developers choosing to pay the fast-track fee in 65% of these. 4.12 There was a higher-than-expected uptake of the fast-track option during this period which showed an appetite among developers for the added value of a guaranteed timeous report review turnaround. 4.13 The NQMS aspect was, to some extent, overtaken by the demand for the fast-track approach, and so the data on uptake in this period is limited. However, the NQMS Page 91
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certification process allowed one developer to make an informed decision regarding consultant competency enabling progress (see Case Study in Appendix 2) 4.14 The levying of third-party peer review fees for reports without recommended NQMS certification, was met with some indignation. However, the subsequent review cost of the insufficient reporting was not borne by the Council and has encouraged a much more thorough approach by the consultants. 4.15 From a Council perspective, the pilot enabled work to be better managed within existing budgets, it improved response times for developers, reinforced expected standards for consultants and highlighted the financial costs of poor-quality reporting to applicants. It has provided a more sustainable platform to safeguard both public and environmental health from land contamination within the planning process. PROPOSAL 4.16 Following the initial pilot it is proposed to continue a dual approach, recommending NQMS for a trial period of 1 year. 4.17 Firstly, developers will be encouraged to provide site investigation reports which have been checked by an SQP and are accompanied by a Declaration of Document Adequacy (NQMS). Such reports received by the Planning Authority would be subject to routine review. 4.18 Using this Scheme to improve the quality of reports submitted for review would help reduce the resource burden on Environmental Health. 4.19 Secondly, should developers decide not to use NQMS they will be advised that their submission requires third party peer review, and requested to pay a fee for the Council to arrange this. 4.20 This option will have the added benefit of a guaranteed review response turnaround which was previously valued by developers choosing the fast-track option. 4.21 It is therefore proposed that developers are offered the options of 1). having their reports pre-checked by a registered Suitably Qualified Person (SQP) prior to report submission, or, 2). paying a fee on submission for the peer review of their un-checked reports. This is detailed in a process flow chart (Appendix 4) 4.22 A fee structure developed from the pilot is detailed in Appendix 3. Members are asked to consider and approve the following fees which include a contingency for separately costing the review of reports for large or complex sites. The fees have been derived on a cost recovery basis and don’t include an administrative charge. A 10% administrative charge is proposed Reporting Fee Phase I £709.50 Phase II £1,064.80 Remediation Strategy To be estimated based on hourly rates Verification Report To be estimated based on hourly rates Page 92
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Meeting Attendance Teams meeting with Council and third party review consultant £586.30 for first hour and officer hourly rate thereafter. 4.23 The pilot supports the adoption of a dual approach, as a means to ensuring proportionate and sustainable service development, providing necessary resilience, and future proofing of the service. 5.0 CONCLUSIONS 5.1 Poor quality land contamination reports received to support the planning process are placing a disproportionate burden on resources. 5.2 Poor quality report submissions concerning contaminated land are causing delays in brownfield redevelopments. This leads to additional complaints and officer time to bring applications up to an acceptable standard to make a recommendation. 5.3 The pilot has shown early indications of improving quality of reports, has improved report review turnaround times, and tested a mechanism for the transfer of cost burdens for poor reporting to the developer. It has achieved better outcomes for developers and the Council. A further review of these arrangements will be carried out in 12 months. 6.0 IMPLICATIONS 6.1 Policy Consistent with National and local land use and environmental policy. 6.2 Financial The proposed fee structure ensures that site investigation reviews are caried out within available budget, with additional costs recovered from fee income. 6.3 Legal None. 6.4 HR None. 6.5 Customer Service Improves response times, reduces delays in decision making and enables sustainable development to proceed to help the local economy grow. 6.6 Risk That fee income is insufficient to cover service expenditure. 6.7 Climate Change None. 6.8 Fairer Scotland Duty None. 6.9 Equalities -protected characteristics None directly arising from this report. Page 93
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6.10 Consumer Duty None. 6.11 Island Communities None. 6.12 Children’s Rights and Wellbeing None. Kirsty Flanagan Executive Director with responsibility for Regulatory Services: Policy Lead for Planning and Regulatory Services: Councillor Gordon Blair 24/02/2026 For further information contact: Alan Morrison, Senior Manager- Regulatory Services and Building Standards (Alan.Morrison@argyll-bute.gov.uk: 01546604292) Anthony Carson, Environmental Health Officer (anthony.carson@argyll-bute.gov.uk) APPENDICES Appendix 1 – National Quality Charter Mark Appendix 2 – Case Study Appendix 3 – Schedule of Fees Appendix 4 – Flowchart Page 94
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Appendix 1 NATIONAL QUALITY MARK SCHEME Land Contamination Risk Management (LCRM) is the current methodology for assessing and managing land contamination risks. It was published by the Environment Agency for England in 2020 and in 2025 its use was endorsed by the Scottish Government supported by Scottish local authorities. LCRM advocates a National Quality Mark Scheme (NQMS) for land contamination reports. This is a voluntary quality assurance scheme which has been set up by professional and industry bodies representing the Contaminated Land sector. NQMS provides a quality assured process for checking whether reports are of the quality expected, verifying that all factual and interpretative information meets the required technical and regulatory standards. Certification through the NQMS does not in itself replace the need for reports to be reviewed by the local authority, but it can help: • ensure reports are written and checked by practitioners with appropriate competency • make sure legislative requirements and necessary standards related to managing land contamination are met • provide increased confidence that reports are of the quality expected • save cost and time by reducing the likelihood that report revisions will be needed Certification involves a check and declaration by a registered Suitably Qualified Person (SQP), and an administrative fee. NQMS will add some additional developer’s costs for SQP report certification, whether this is done in-house by their consultancy or through an external registered SQP. These additional costs will be proportionate to the quality of the original report as they are likely to be calculated at an SQP hourly rate. Good quality reports should be relatively quickly certified. Poor quality reports may take longer and will likely require updating and improving. In some cases, the reports will not be capable of achieving an SQP declaration (see Case Study Appendix 2). Page 95
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Appendix 2 Case Study Introduction A planning application for small residential development on a previously used area of land was determined with a suspensive land contamination condition. The condition was a standard condition detailing a phased approach to investigation in line with Planning advice and Code of Practice. A Phase I report submission was given a screening check by the EHO prior to being sent for 3rd party peer review. Insufficiencies were identified and the Developer notified. A revised Phase I was received, and although an improvement on the original was found through 3rd party peer review to be insufficient. A further revision of the Phase I was received and again found to be insufficient through 3rd party peer review. The latter review was made during the pilot and the developer was advised of our NQMS recommendation. Environmental Health were contacted by a new consultant as the original consultancy had been unable to demonstrate the necessary knowledge and professional practice for their reporting to be certified with an NQMS declaration of document adequacy. The new consultant submitted a new Phase I accompanied by an NQMS declaration of document adequacy. This report was a significant improvement on the previous consultant’s work. However, the review identified uncertainties that required explanation. The Phase I report was further revised and found on review to be acceptable. The Phase I report and its associated ground investigation strategy were then agreed by the planning authority allowing detailed investigation to proceed. Conclusions The original consultant was clearly incapable of providing an adequate Phase I report and had undertaken preemptive ground investigation that was insufficient and costly. There were at least 4 iterations of their Phase I report authored by the original consultant Despite this, a competent and adequate report was not achieved: six months with no progress to an agreed ground investigation strategy. With the NQMS certified report, progression to Phase II ground investigation was agreed after two iterations of a Phase I report: two and a half months to an agreed ground investigation strategy. This case showed that timeous action by the developer identified significant competency issues and allowed a poor performing consultancy to be replaced relatively quickly. Page 96
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Appendix 3 Schedule of Fees Third party peer review costs to the Council are based on the peer review consultancy staff hourly rates. There can be quite a range of costs for different phases of investigation and risk assessment. During the Pilot a simple fee schedule was drawn up with review fees for larger or more complex reports estimated individually. This fee schedule has been updated to reflect 2026 consultancy rates (Table II) Table II Fee Schedule Reporting Fee Phase I £709.50 Phase II £1,064.80 Remediation Strategy To be estimated based on hourly rates Verification Report To be estimated based on hourly rates Meeting Attendance Teams meeting with Council and 3rd party review consultant £586.30 for first hour and officer hourly rate thereafter The fees have been derived on a cost recovery basis and don’t include an administrative charge. A 10% administrative charge is proposed Fees for large or complex reports and extended or in person meeting requests will be estimated on a case-by-case basis. Page 97
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Appendix 4 – Process Flowchart Page 98