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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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Page 1

Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 605522
DX 599700 LOCHGILPHEAD 
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
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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. 
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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
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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
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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. 
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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) 
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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. 
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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
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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. 
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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.
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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. 
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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) 
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Page 17

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. 
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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.    
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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. 
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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
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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
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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
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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  
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Page 25

.
Argyll and Bute Local
Development Plan 3
DEVELOPMENT PLAN
SCHEME
MARCH 2026
Appendix APage 25

Page 26

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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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. 
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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.
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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
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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
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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
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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
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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
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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.
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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. 
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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. 
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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. 
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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 
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Page 53

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
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Page 54

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 
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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
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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
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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 
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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
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Argyll and Bute Council   
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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  
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Argyll and Bute Council   
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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 
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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  
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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
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Argyll and Bute Council   
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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
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Argyll and Bute Council   
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LAQM Annual Progress Report 2025 7 
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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.
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Argyll and Bute Council   
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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.
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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.
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Argyll and Bute Council   
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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
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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.
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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.
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Argyll and Bute Council   
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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.
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Argyll and Bute Council   
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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. 
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Argyll and Bute Council   
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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.
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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.
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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%). 
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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
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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
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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   
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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
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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
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Argyll and Bute Council   
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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
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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. 
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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.  
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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.
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Argyll and Bute Council   
Comhairle Earra-Ghàidheal agus Bhòid
LAQM Annual Progress Report 2025  28
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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
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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)
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Page 89

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.
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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.
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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
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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
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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.
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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  
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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). 
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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. 
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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. 
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Appendix 4 – Process Flowchart 
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