Democracy Spraffa

Mr and Mrs Scott Raeburn: Erection of Tearoom with 4 Apartments on Upper Floors: Former Susy's Tearoom, Tighnabruaich (Ref: 25/00181/Pp)

Argyll and Bute Council · 21 January 2026
Back to Planning, Protective Services and Licensing Committee — 21 January 2026 and its agenda

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Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 25/00181/PP
Planning Hierarchy: Local Application
Applicant: Mr and Mrs Scott Raeburn
Proposal: Erection of Tearoom with 4 Apartments on Upper Floors
Site Address:  Former Susy's Tearoom, Tighnabruaich   
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission 
• Erection of restaurant with 4 apartments on upper floors
• Installation of bio disc treatment plant with connection to existing outfall pipe
• Formation of vehicular access from public car parking area
• Formation of five on-site parking spaces 
(ii) Other specified operations 
• Connection to public water supply 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that Planning Permission be granted as a minor departure to
Development Plan Policy and subject to the conditions, reasons and advisory notes
appended to this report. 
(C) CONSULTATIONS:   
Environmental Health Service (memoranda dated 18th February 2025 and 8th April
2025) 
No objections subject to conditions and advisory notes relating to food and health
legislation; external lighting; control of construction activities and noise; control of
operational activities, noise and cooking odours; commercial waste; and contaminated
land.

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Scottish Water (letter dated 20th February 2025) 
There are no objections to the proposal – there is currently sufficient capacity in the
Tighnabruaich Water Treatment Works to service the development. However, please
note that further investigations may require to be carried out once a formal application
has been submitted to Scottish Water. 
According to their records, there is no public wastewater infrastructure in the vicinity
of the proposed development and, therefore, the applicant is advised to investigate
private treatment options. 
Scottish Environment Protection Agency (e-mail dated 25th February 2025)   
It is noted that the site is well elevated above the 1 in 200-year flood level plus climate
change uplift with an allowance for freeboard. As such, there are no objections to the
proposal on flood risk grounds. 
It is also noted that investigations have identified that asbestos fragments and
asbestos contaminated soils are present on the site. Any persons involved in the
removal of asbestos construction and demolition waste or waste soils from the site
must ensure it is characterised and consigned to an appropriately permitted or
licensed facility in accordance with their Duty of Care and relevant waste management
legislation. Any proposal to treat waste soils on site is likely to require a waste
management licence. 
There is a Scottish Water sewerage network pumping station within approximately
115 metres of the development site. As per SEPA’s standing advice on wastewater
drainage, "Sites of all scales, and particularly trade sites, should be required to
connect to the public sewer unless evidence is provided to the satisfaction of the
Planning Authority that this would not be viable. At the discretion of the Planning
Authority, the applicant may also be required to actively engage with Scottish Water
to seek growth provision/adoption of the scheme." 
For information, the Kyles of Bute is a designated Shellfish Water Protected Area
(SWPA) and any discharge will require appropriate treatment and authorisation under
the Water Environment (Controlled Activities) (Scotland) Regulation 2011 (as
amended). The planning application makes reference to the discharge of treated
effluent to sea using legacy pipework but no detail is provided. Any new discharge will
require to be through a constructed and adequately maintained sea outfall to a location
below mean low water springs (MLWS). 
JBA Consulting Ltd – Flood Risk Assessor (report dated 25th February 2025) 
The site lies outwith the indicative limits of fluvial and surface water flooding, as per
the SEPA Future Flood Maps. The coastal flood extent overlaps marginally with the
southern region of the site. With reference to the Coastal Flood Boundary dataset, the
200 year still water level is 3.97 mAOD. Including an additional 0.86m allowance for
climate change and a further 0.6m freeboard, Finished Floor Levels for the building
should be set to a minimum of 5.43 mAOD. With reference to the site plan, it is evident
that the proposed site sits at an elevation above 6.5 mAOD; hence, this is acceptable.

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Area Roads Engineer (report dated 25th March 2025 and 15th November 2025)  
The layout as initially submitted identified the provision of six on-site parking spaces
and this was considered to be unacceptable on the grounds that this number of spaces
was insufficient to serve the four flats, the patrons of the tearoom and the staff.
Additionally, the on-site spaces were to be accessed individually from the Council car
park thus preventing the use of each directly adjoining space within the car park and
this was not considered to be an acceptable arrangement. 
An amended site layout was received during the processing of the application, which
showed the creation of a single access and egress point and the provision of five on-
site parking spaces. The Area Roads Engineer objected to this arrangement as it
continued to be lacking in the appropriate number of spaces. 
(D) HISTORY:   
Planning Permissions 98/01657/DET, 04/01680/DET and 08/02143/DET were
approved on 05.02.2019, 08.10.2004 and 29.01.2009 respectively for the retention of
a static caravan at the application site. 
Planning Permission (ref:  22/00223/PP) was refused on 5th February 2024 for the
erection of a restaurant with 4 flats above; a separate building to the rear incorporating
three staff studios; and the installation of a bio disc sewage treatment plant. 
(E) PUBLICITY: 
Neighbour notification (closing date: 28.02.2025) and advertised under
Regulation 20 Advert (closing date: 14.03.2025) 
(F) REPRESENTATIONS:   
(i) Objections have been received from the following five sources: 
Paul Paterson, 2 Manor Way, Tighnabruaich (comments received on
07.02.2025, 15.05.2025, 03.07.2025 and 15.09.2025) 
Mrs Christine Paton, Lochee House, Tighnabruaich (comments received on
03.03.2025, 09.03.2025 and 12.03.2025) 
Lloyd Jones, LRJ Planning, Pen-y-Rhiw, Newport on behalf of Alexander
Malcolm, The Firs, Tighnabruaich (letters dated 19.02.2025 and 04.03 2025) 
Heather Whyte, Roseville, Tighnabruaich (comments on received 03.03.2025) 
Thomas Whyte, Roseville, Tighnabruaich (comments on received 03.03.2025) 
Mr John Paton, Lochee House, Tighnabruaich (comments received on
05.03.2025, 09.03.2025 and 12.03.2025) 
(ii) Summary of issues raised:

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Design, Scale and Massing 
A summary of the key points submitted by objectors: 
• The length, breadth and height of the proposed building are considered
to be excessive and out of proportion to the previous tearoom 
• The overall design is considered to lack any credible reasoning,
planning, living and functional sense 
• The design style is not in keeping with the surrounding buildings and
would look out of place in the typical West Highland architecture of the
area, which is stone built, pitched roof and appropriate glazing. It would
appear alien and contrived within the street scene 
• The proposal fails to respect the simple form, design and character of
surrounding development 
• The current proposal is materially more intrusive, visually dominant and
harmful than the previous scheme that was refused in February 2024 
• There is minimal separation distance off the boundaries and the
development fills the whole site, resulting in a cramped form of
development that is not in keeping with the settlement pattern 
Officer response: These issues are addressed in the assessment contained
in Section P and Appendix A below. 
Parking and Road Safety 
There are a number of objectors that are concerned about parking provision
and general road safety. A summary of the key points includes: 
• The proposal would generate parking from customers/patrons, staff and
holiday letting patrons and the scheme does not provide a sufficient
number of spaces within the site boundary 
• The plans do not illustrate how cars and delivery vehicles can access,
park and turn safely within the site 
• There are no disabled parking spaces for patrons and the proposal is
based on use of the Argyll and Bute Council owned public car and coach
park 
• The adjacent car park is busy during tourist season and this will lead to
parking overspilling on to the road and increase conflict with cars and
pedestrians 
• Assuming that coaches still use the car park, a significant percentage
of capacity for cars (perhaps 30%) would be needed for the residential
element of this development. It would also not be in the public interest
for eight to twelve spaces to be used on a permanent basis for a private
developer

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• The car park has an overnight parking restriction so cars from overnight
guests could not use the car park. If the restriction was lifted then it
could create an issue with motorhome parking 
• The car park will not support increase in demand (in their opinion) in its
current unmaintained state and will suffer further disrepair due to the
additional traffic and use by construction traffic 
• In the past residential use has been ruled out (see 98/01657/DET) when
a caravan was refused permission as it did not have a separate
curtilage, access and parking arrangements 
• Concern is expressed that the rear of the proposed development would
encroach onto the driveway and access to the properties to the sides of
the development site in addition to causing great difficulty with access
to the local authority recycling area and coach park. It would also be
highly susceptible to creating dangers for other traffic flow from vehicles
and that of public access and right of way 
• The car park is a turning point for regular coaches visiting the area and,
if difficulties in turning are created as a result of the proposal, there is
concern that this could result in the potential loss of much needed
tourism to the area 
Officer response: These issues are addressed in the assessment contained
in Section P and Appendix A below. 
Residential Amenity - Overlooking/Loss of Daylight 
A number of objectors including direct neighbours, have raised issues of
overlooking, loss of daylight and impact on privacy. Key points: 
• Concern is expressed that the proposed building, by virtue of its large
size and shape, would significantly reduce the amount of light to other
properties in the area. A daylight and sunlight assessment has not been
provided 
• Concern is expressed that the second floor with balconies would look
into next door neighbours and would be over-intrusive looking out onto
the public walkway and coach park 
• It is understood that the building has risen from 0.8m above the ridge of
Roseville to the west to 1.2m and this has increased concerns of the
existing dwellinghouse being overshadowed by this new higher
structure 
• Concern is expressed that the second tier appears to sit further beyond
Roseville than the original single-storey tearoom and would be higher.
It is contended that this would block even more light into this property
and would potentially increase its energy bills 
• The height and location of the rear section of the plans raises concerns
for the owners of Roseville with regards to privacy as the holiday

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apartments would have full views into their garden where their two
children play 
• There would appear to be a side window overlooking Roseville and, if
the balconies were to be open-sided, then privacy becomes a factor. 
Officer response: These issues are addressed in the assessment contained
in Section P and Appendix A below. 
Residential Amenity – Noise, Disturbance and Odour 
A number of objectors, including direct neighbours, have raised issues of noise,
odour and disturbance from cooking smells; the proximity of the stainless-steel
flue pipe to the bedroom windows of the adjoining dwelling; and the significant
number of people coming and going, including deliveries early in the morning. 
Concern is expressed that the intention to operate the proposed development
during the day, evening and night would create a noise pollution infringement.
There is no disclosure of operating hours, times and allowances regarding cut
off periods, etc. 
The title deeds specifically rule out the sale of alcohol on the land but there
would be scope for ‘Bring-Your-Own-Bottle’ events which may result in noise
and antisocial behaviours. Limits on opening hours would, however, help to
address this. 
Officer response: These issues are addressed in the assessment contained
in Section P and Appendix A below. 
Foul Drainage and Water Supply 
Concern is expressed that the application fails to show any means and
methods of wastewater treatment and the mention of a bio disc system means
nothing without details of the type, designs, risks, plans, etc. It is contended
that it is unlawful to discharge into the sea. Certain discharges of sewage from
non-domestic premises constitute trade effluent in terms of the Sewage
Scotland Act and other acts that pertain to sewage and discharging into the
sea. 
The proposed development mentions connecting onto neighbouring properties
and it is queried how a study and research have been done to make such plans. 
If the connection to the public water main requires to be laid through land
outwith the application site, the developer must provide evidence of formal
approval from the affected landowner(s) by way of a deed of servitude. As the
proposed development would require formal approval from the nearest
neighbours as well as from Argyll and Bute Council who own the car/coach
park next to this development, there is a lack of evidence and authority that the
developer has such permissions. 
Officer response: These issues are addressed in the assessment contained
in Section P and Appendix A below.

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Contaminated Land 
It is contended that the previous tearoom building on the site contained
asbestos and it is alleged that the burning of asbestos and other combustible
material was associated with the demolition of this structure. 
It is also contended that the landowner has so far not provided certificates
demonstrating the correct disposal of asbestos from the site and fact-based
evidence of appropriate ground soil works.  
There is no contaminated land survey submitted by the applicant. 
Officer response: This issue is addressed in the assessment contained in
Section P and Appendix A below.  
Biodiversity 
There are concerns about biodiversity and that there have been no ecological
surveys. There are no plans to enhance biodiversity given there is no room for
landscaping. 
The proposed development lacks any biodiversity plans, wildlife and plant
assessments and environmental assessments.   
Officer response: This issue is addressed in the assessment contained in
Section P and Appendix A below. 
Waste 
Concern is expressed that there is an absence of allocated space for waste
storage, particularly given the identified capacity of the proposed facility
(seventy covers) and the likely significant amount of waste that would be
generated. 
Officer response: This issue is addressed in the assessment contained in
Section P and Appendix A below. 
Legal Issues 
Concern is expressed that the northernmost boundary of the application site
has been drawn beyond the land belonging to the tearoom as shown in its title
deeds. 
Mention is made of the potential existence of burdens on the land referred to
as Susy's Tearoom (ref: ARG15953). It is not known whether these burdens
continue and whether they are still legally binding. Various burdens are referred
to that it is contended would affect the ability of the proposed premises to
operate: the north side and east side of the land have to be fenced off; any
building has to have the approval of the person that originally sold the land or
their successors; any building should not be a nuisance or hurtful to the amenity
of the land and neighbours; and the sale of alcohol or fish and/or chips is
prohibited. 
It is mentioned that the title deeds make no reference to access rights to the
site and it is possible that rights of access over the Council-owned car park may

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have lapsed as a result of the passage of time (approximately seven years)
since a business has operated on the site. It is suggested that time be given to
allow for a closer look at this issue and its potential implications regarding this
application and its lawfulness. 
Officer response: These issues are essentially legal in nature and are not
considered to have a material bearing upon the Planning aspects of the case. 
Electricity Substation 
A substation sits behind the application site and it is contended that the impact
on the stability of the substation foundation and access to the structure
(including safety risks, assessments, etc.) may need to be addressed. There
is no mention of how the noise from the substation may affect the users of the
development. 
Officer response: The potential impact of the proposed development on the
stability of the substation foundation is an issue that would more appropriately
be investigated between the applicant/developer and Scottish and Southern
Electricity. 
The second issue is one that was raised at another site in Tighnabruaich in
relation to the erection of a dwellinghouse adjacent to an existing substation
(application refs: 11/01978/PP and 15/00295/PP). 
In that instance, a condition was attached that involved an identification of the
noise levels generated by the operation of the sub-station together with an
assessment of whether the noise was likely to give rise to complaints given the
nature of the proposal. Any remedial measures that were deemed necessary
would then be formulated and this is considered to be an appropriate means
of addressing this issue in respect of the current proposal. 
Disabled Access/Facilities 
The proposal does not show how disabled people will gain access in and out
of the building and to the proposed letting properties. Their indoor layout does
not show a disabled toilet. 
Officer response: Internal layout and design is not a Planning matter and
would be dealt with under the Building Warrant process. The outside provision
of disabled parking bays and access to the building are addressed in the
assessment contained in Section P and Appendix A below. 
Fire Escapes 
It is contended that there is a lack of fire escapes for those who will be in the
second and third floor levels. 
Officer response: This issue would be dealt with under the Building Warrant
process. 
Lack of Need 
Concern is expressed that Tighnabruaich has enough catering/drinking
establishments without adding more.

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Officer response: The issue of the lack of need for a development does not
have a material bearing upon the Planning aspects of the case. 
Storage of Boat 
The applicant has placed a boat under a fixed cover on part of the application
site with the intention of carrying out repairs. This is considered to breach the
requirements for any fixture being in-situ without official planning permission
and local authority permission. It is contended that the owner/occupier must
remove this boat building project with urgency as its ongoing presence would
cause an unsightly mess, an obstruction to road users and to neighbours, a
breach of health & safety and a hindrance to gaining access for soil samples
to be taken for the said planning application. 
Officer response: This matter is being investigated separately and it is not
considered to have a material bearing upon the Planning aspects of the current
application. 
Construction Compound 
If permission for the proposed building was to be granted, it is contended that
builders, their equipment and vehicles would be placed and parked within the
public car and coach park, which it is considered would be unlawful and would
breach the planning and parking regulations. It is questioned whether the Local
Authority would be willing to give up and sacrifice all of the coach park, bottle
bank, substation and neighbour rear parking areas for these purposes. 
Officer response: This matter is not considered to have a material bearing
upon the Planning aspects of the current application. There are certain
circumstances where a compound for the duration of the construction period
does not require Planning Permission and the use of land that is not in the
ownership of the applicant/developer for this purpose would require negotiation
between the relevant parties. 
Representations from the public are published in full on the planning application file
and are available to view via the Public Access section of the Council’s website. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report ☐Yes ☒No 
(ii) An Appropriate Assessment under the Conservation
(Natural Habitats) Regulations 1994
☐Yes ☒No 
(iii) A Design or Design/Access statement:  ☐Yes ☒No 
(iv) Sustainability Checklists 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist 
☒Yes ☐No 
☒Yes ☐No

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It is the assessment of the Case Officer that the agent has
understood and given adequate consideration to the
sustainability aspects of the proposed development in the
submitted checklists, sufficient to accord with the core
sustainability requirements of both national and local planning
policy, specifically the relevant details of the ‘Sustainable
Places’ group of policies within NPF4 and LDP2 policies 04,
08 and 09. 
(v) A report on the impact of the proposed development e.g.
Retail impact, transport impact, noise impact, flood risk,
drainage impact, etc:   
Supporting Information is published in full on the planning
application file and is available to view via the Public Access
section of the Council’s website.
☐Yes ☒No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 obligation required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31
or 32:  ☐Yes ☒No 
(J) Section 25 of the Act; Development Plan and any other material
considerations over and above those listed above which have been
taken into account in the assessment of the application 
(i)  List of all Development Plan Policy considerations taken into
account in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity 
NPF4 Policy 4 – Natural Places 
NPF4 Policy 5 – Soils 
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings  
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places 
NPF4 Policy 14 – Design, Quality and Place 
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods 
NPF4 Policy 16 – Quality Homes

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NPF4 Policy 18 – Infrastructure First 
NPF4 Policy 22 – Flood Risk and Water Management 
Productive Places 
NPF4 Policy 28 – Retail
NPF4 Policy 30 – Tourism 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 02 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 14 – Bad Neighbour Development 
Diverse and Sustainable Economy 
Policy 23 – Tourist Development, Accommodation, Infrastructure and 
Facilities 
Connected Places 
Policy 32 – Active Travel 
Policy 33 – Public Transport Infrastructure 
Policy 34 – Electric Vehicle Charging Points 
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes 
Policy 36 – New Private Accesses 
Policy 38 – Construction Standards for Public Roads 
Policy 39 – Construction Standards for Private Accesses 
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 58 – Private Water Supplies and Water Conservation 
Policy 59 – Water Quality and the Environment 
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLAs) 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 79 – Protection of Soil and Peat Resources
Policy 82 – Contaminated Land

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(ii)  List of all other material planning considerations taken into
account in the assessment of the application, having due
regard to Annex A of Circular 3/2013.  
• Third Party Representations 
• Consultation Reponses 
• Planning History 
• ABC Design Guides 
(K) Is the proposal a Schedule 2 Development not requiring an
Environmental Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application
consultation (PAC):  ☐Yes ☒No 
(M) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
Objections to the application have been received from a total of five sources and, in
terms of the ‘Scheme of Administration and Delegations’ contained in the Council’s
Constitution (2025), this number is less than the eleven that is required in order for
the PPSL Committee to consider a proposal. 
The reason that this particular application is before Members results from the
recommendation of the Roads Department that Planning Permission be refused on
the grounds of a lack of parking spaces and the Planning Department’s opinion that
there are mitigating circumstances such that an approval can be justified as a minor
departure to Development Plan policy. 
In considering the benefits of holding a pre-determination hearing in this particular
case, it is the opinion of the Department that the representations that have been
received, the views that have been expressed by consultees and the Officer
assessment of the relevant planning issues contained within this report provide a
sufficient level of information to enable Members to make an informed decision based
on all of the material planning considerations pertaining to the development. 
It is, therefore, not considered that the proposal raises any complex or technical
issues that have not been addressed in the Report of Handling and it is not considered
that a discretionary local hearing would add value to the planning process.  
(O)(i) Key Constraints/Designations Affected by the Development: 
Local Landscape Area 
Potential Contaminated Land 
(O)(ii) Soils 
Agricultural Land Classification: Built Up Area

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Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒N/A 
Peat Depth Classification: N/A  
Does the development relate to croft land?  ☐Yes ☒No
Would the development restrict access to
croft or better-quality agricultural land? 
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(O)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No
Does the proposal include any
replacement or compensatory planting?
☐Yes
☐No details to be secured by condition
☒N/A  
(O)(iv) Land Status / LDP Settlement Strategy 
Status of Land within the Application  ☒Brownfield
☐Brownfield Reclaimed by Nature
☐Greenfield 
ABC LDP2 Settlement Strategy 
ABC LDP2 Allocations/PDAs/AFAs etc.: 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☒Helensburgh & Lomond Greenbelt 
N/A
(P) Summary assessment and summary of determining issues and
material considerations 
Site and Surroundings 
The application site, which is considered to be brownfield land, has an area of
approximately 700m2 and the plot historically was a tearoom (Susy’s Tearoom) which
was single storey with a pitched roof (similar to the neighbouring houses). It sits on the
Shore Road near to, but not within, the village centre and is close to the pier where the
Waverly passengers disembark and embark. None of the adjacent buildings are listed
and it is not a Conservation Area. The Susy’s Tearoom building was removed in
2020/2021 and the land on which it stood has been vacant since then.

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The immediately surrounding area contains a small single storey bungalow to the west
(Roseville), a one-and-a-half storey dwelling to the north-east (The Firs) and another
modern one-and-a-half storey dwelling further to the east (Lochee House). All of these
houses have a white render external wall finish and concrete tiled roofs of varying
profile. Directly adjacent to the site in a northerly and easterly direction is a large public
car park. 
Proposed Development 
The application is for the erection of a building that would accommodate a new
café/restaurant on the ground floor and the introduction of 4 self-catering flatted
apartments with balconies on the upper floors. 
The proposed building would be approximately 8 metres in height and would have a
flat roof. The top mezzanine level would be stepped back/recessed. The predominant
external wall finish would be white render but the top floor would feature Eternit panel
grey cladding. 
Settlement and Spatial Strategy 
In terms of the adopted Argyll and Bute Local Development Plan 2, the site is located
within the ‘Key Rural Settlement’ of Tighnabruaich and the assessment criteria
contained in Policy 01 include ensuring that the development is of an appropriate scale
and fit and that it respects the character and appearance of the surrounding townscape. 
A previous application was refused due to overdevelopment and the scale not being
appropriate. The current proposal involves a reduction in the scale of built development
through the removal of the staff accommodation block and a significant number of
design amendments have been made. It is considered that the site has the capacity to
accommodate this revised scale and design with regard to all material planning
considerations and, as such, the proposal represents an appropriate form of
development that is consistent with the key aims of the Settlement Strategy within
LDP2 Policy 01. 
NPF4 Policy 9 part (a) supports development on brownfield land such as the
application site. 
Tourism /Commercial Policies 
The proposed café/restaurant is at the edge of the village centre and it has an
established use as Class 3. There are no issues with providing a replacement
café/restaurant at this location of a very similar scale and size as the previous one. 
The adopted Local Development Plan Policy 23 relates to tourist facilities and
accommodation and NPF4 Policy 30 seeks to support tourism development on suitable
sites and they are both relevant in relation to the proposal for 4 self-catering units
(which is not a previous use). 
Overall, the proposal meets the criteria in LDP Policies 01 and 23 and NPF4 Policies
9 and 30 and is acceptable in principle. 
Design and Layout 
The revised design and layout are now considered acceptable given the removal of the
staff block and the changes to the fenestration including windows and the location of

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the flue. The Art Deco style has been avoided to now offer a modern fresh look that fits
better with the Scottish vernacular. 
Flood and Water Management 
There are no issues relating to flooding as the finished floor levels of the building are
above the flood risk zone and no objections have been submitted by SEPA or the
Council’s Flood Advisor. 
Biodiversity 
There are no protected site or species on this site and it is brownfield land with no trees
and some limited scrub vegetation. NPF4 Policy 3 seeks to enhance biodiversity on
application sites and, whilst there is limited space for landscaping, other biodiversity
enhancement measures could be included as set out in both NatureScot and new
Scottish Government guidance and a condition is recommended to ensure biodiversity
enhancement measures are included. 
Contaminated Land 
It had previously been thought that the applicant had appropriately disposed of
asbestos from the demolition of the former tearoom building but it has since transpired
that this is not necessarily the case. The Council’s Contaminated Land Officer has
recommended that a condition can satisfy any concerns in relation to contaminants
potentially remaining from the asbestos and to ensure that there is no harm to human
health. It is a strict pre-start condition and it would ensure the proposal is compliant
with the relevant Development Plan policies. 
Residential Amenity of Neighbours 
Matters relating to the potential noise, smells, construction noise, opening hours,
overlooking, privacy of neighbours are all considered in detail in the assessment
section in Appendix 1 below and it is concluded that the proposal would not have an
adverse impact on residential amenity subject to the attaching of suitably worded
conditions. 
Access and Parking 
The Roads Department are recommending refusal as they do not consider the parking
spaces in the large neighbouring car park to represent a suitable provision and are of
the view that the number of proposed on-site spaces is insufficient to meet the increase
in parking demand resulting from the proposed development. 
It is the opinion of the Planning Department that the use of the public car park by
patrons and members of staff of the proposed café/restaurant can be accepted as this
was the situation that existed for decades in association with the previous Susy’s
Tearoom. 
Having regard to the parking standards in LDP2 Policy 40, the number of spaces to be
provided in relation to the four two-bedroomed units would be eight. As five on-site
spaces are proposed, this represents a shortfall of three spaces. 
In the particular circumstance of this case, it is considered that this shortfall can be
accepted as a minor departure to policy and the details of the mitigating factors are set
out in Section (S) below.

Page 16

Infrastructure 
The proposal identifies connection to the public water main and Scottish Water has
confirmed that the site is not within an area covered by the public sewerage system.
As such, a bio disc foul drainage treatment plant is proposed and, whilst some
concerns have been expressed by objectors over the detail of this, such matters would
be controlled via a separate licence from SEPA. The main factor to consider in relation
to planning is whether the system can be accommodated on the site and this has been
satisfactorily demonstrated. 
The site plan identifies the provision of a bin store and this is something that can be
conditioned to ensure final details are submitted for approval and that the
arrangements are constructed prior to the premises coming into use. 
Conclusion 
The revised scheme is considered to satisfactorily address the reasons for refusal on
the previous application in relation to the overdevelopment of the site, the design
detailing and the lack of in-curtilage car parking. The Roads Department have
recommended refusal given the non-compliance with LDP2 Policy 40 but it is
considered that the shortage of three parking spaces can be considered as a minor
departure to policy given the other benefits of the proposal. 
There is significant support given in the policies of NPF4 and LDP2 to a development
such as this, which is on a brownfield, infill site within a settlement and which involves
the replacement of a long-established food and drink enterprise whose built fabric and
design had become somewhat dated. 
The proposal is, therefore, recommended for approval subject to conditions. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission or Planning Permission in
Principle Should be Granted: 
Please see Section (S) below. 
(S) Reasoned justification for a departure to the provisions of the
Development Plan: 
Policy 40 of LDP2 states that off-street vehicle parking shall be provided for
development in accordance with the car parking standards set out in Table 5 on Pages
67 and 68 of the Written Statement. 
The current proposal incorporates five dedicated car parking spaces within the red
line application site. The Roads Department considers that the provision of five on-
site spaces is insufficient to serve the four self-catering apartments, the patrons of the
café/restaurant, disabled persons and members of staff. A number of objections have
also been received relating to the matter of parking and concern has been expressed
that the car park does not have the capacity to support the additional parking demand.

Page 17

There are reservations that, if the overnight parking restriction was to be lifted to
accommodate overnight parking for the self-catering units and members of staff then
this would also encourage motorhome parking. There is concern that the spaces
required would take up a significant proportion of the car park. 
In determining the extent of the shortfall in parking spaces associated with the current
proposal, it is considered reasonable to accept the use of the public car park by
patrons and members of staff of the proposed café/restaurant as this was the situation
that existed for decades in association with the previous Susy’s Tearoom. Having
regard to the parking standards in LDP2 Policy 40, the number of spaces to be
provided in relation to the four two-bedroomed units would be eight. As five on-site
spaces are proposed, this represents a shortfall of three spaces. 
In the particular circumstance of this case, it is considered that this shortfall can be
accepted as a minor departure to policy given the following wider considerations: 
• The presence of a large public car park immediately adjacent to the site and
there is no evidence to suggest that there is insufficient capacity when the
previous tearoom operated 
• The café/restaurant previously had no parking spaces on the site and the
public car park was used by patrons and staff. There is no change in the
floorspace of the café/restaurant so no change in trip profile and the use is
lawful and established   
• Whilst acknowledging that the introduction of the 4 new self-catering
apartments would intensify the overall site usage, the shortfall of three on-
site parking spaces is considered to be relatively small and, given the active
and sustainable travel options set out below, it is not considered that this
level of shortfall would result in such clear and demonstrable harm as to
warrant a refusal of the application 
• The aspirations that are inherent in NPF4 Policy 13 and Policy 33 of LDP2
highlight the importance of walking, cycling and proximity to public transport
links. Public transport links including bus stops and the local pier (where
passengers embark and disembark the PS Waverley) are within walking
distance of the site and the agent has confirmed that a secure bike rack will
be provided for customers and staff 
• The site previously was a café so it is brownfield land being brought back
into use. The facilities on offer need to be expanded as the café/restaurant
would not be commercially viable on its own so it is considered that the
scheme as currently presented would bring economic benefit to the area (as
opposed to a housing development, for instance) and would remove the
blight of this brownfield site 
Whilst it is recognised that the proposal does not fully meet the provisions of Policy 40
of LDP2 in terms of off-street parking, the mitigating factors detailed above are of
sufficient materiality for the application to be approved as a minor departure to the
Development Plan.

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(T) Need for notification to Scottish Ministers or Historic Environment Scotland: 
☐Yes ☒No   
Author of Report: Steven Gove Date:  05/01/2026 
Reviewing Officer: Kirsty Sweeney Date:  06/01/2026 
Fergus Murray
Head of Development & Economic Growth

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 25/00181/PP 
Standard Time Limit Condition (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
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 4th
February 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 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
General
Arrangement –
Site Location Plan 
Drawing No. HG
A3 L(9-)P901
- 05/02/2025
General
Arrangement –
Site Location Plan 
Drawing No. HG
A3 L(9-)P901A
- 07/02/2025
General
Arrangements –
Site Layout 
Drawing No. HG
GA L (--) P002C
C 12/06/2025
General
Arrangements –
Ground & 1st Floor
Plans 
Drawing No. GN
GA L (--) P003B
B 12/06/2025
General
Arrangements –
Ground Floor Plan 
Drawing No. HG
GA L (--) P004B
B 12/06/2025
General
Arrangements –
First and
Mezzanine Floor
Plans 
Drawing No. HG
GA L (--) P005B
B 12/06/2025
General
Arrangements –
Sections 
Drawing No. GN
GA L (--) P006B
B 12/06/2025
General
Arrangements –
Proposed
Elevations 
Drawing No. HG
GA L (--) P008B
B 12/06/2025

Page 20

General
Arrangements –
Proposed
Elevations 
Drawing No. GN
GA L (--) P009C
C 12/06/2025 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. Contaminated Land Assessment 
Unless otherwise agreed in writing and in advance by the Planning Authority, prior to
any development commencing on the site, a scheme will be submitted by the
Developer (at their expense) to identify and assess potential contamination on the
site.  No work on the site shall commence until the scheme has been submitted to,
and approved, by the Planning Authority, and is thereafter implemented in accordance
with the scheme so approved.   
The scheme shall be undertaken by a competent person or persons in accordance
with relevant authoritative guidance including Planning Advice Note (PAN) 33 (2000)
and BS10175:2011 or, in the event of these being superseded or supplemented, the
most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to,
these documents. This scheme should contain details of proposals to investigate and
remediate potential contamination to the satisfaction of the Planning Authority, and
must include: 
a) A desk study and development of a conceptual site model/preliminary risk
assessment, including a ground investigation strategy for any phases of ground
investigation proposed to be undertaken (exploratory, main or supplementary).
The desk study and the scope and method of recommended investigations
shall be agreed with the Council prior to addressing parts b, c, and d of this
condition. 
Should the desk study show the need for further assessment, this will be undertaken
in the following sequence: 
b) A detailed investigation of the nature and extent of contamination on site, and
assessment of the risks such contamination presents 
c) Development and agreement of a remedial strategy (if required) to treat/
remove contamination ensuring the site is made suitable for its proposed use
(this shall include a method statement, programme of works and proposed
verification plan) 
d) Submission of a verification report for any agreed remedial actions detailing
and evidencing the completion of these works. 
Written confirmation from the Planning Authority that the scheme has been
implemented and completed shall be required by the Developer before any
development hereby approved commences. Where remedial measures are required
as part of the development construction detail, commencement must be agreed in
writing with the Planning Authority.

Page 21

Reason: In order to ensure that the potential risks to human health, the water
environment, property, and ecological systems arising from any identified land
contamination have been adequately addressed. 
3. Short Term Holiday Accommodation 
The residential accommodation units hereby approved shall be used for short-term
holiday occupancy only and not as a main residence and shall not be occupied by any
family, group or individual for a cumulative period of more than three calendar months
in any one year. A register showing dates of arrivals and departures shall be
maintained by the Site Operator and shall be available at all reasonable times for
inspection by the Planning Authority. 
Reason: In order to define the permitted occupancy to satisfy the provisions of the
Development Plan. 
4. Noise Assessment and Management Plan for Construction Operations 
Prior to the commencement of the development, a Noise Management Plan relative to
the construction phase shall be submitted to and approved in writing by the Planning
Authority. 
The document shall incorporate the following: 
i. An identification and assessment of all potential sources of nuisance that may
cause disturbance to nearby residents during the construction of the
development, including noise/ vibration, dust, surface runoff and any temporary
lighting. This should cover all aspects of the proposal (e.g. ground works,
access improvements and construction of building and any associated
facilities) 
ii. For all potential sources of nuisance, the applicant will be required to provide
a management plan that incorporates details of the suitable control measures
to be put in place so as to ensure that construction works do not cause a loss
of amenity to local residents and/or statutory nuisance. Such details shall
include (but not be limited to) the intended hours of working; the movement of
vehicles into, within and out of the site; the use of plant; and the storage of
equipment and materials on the site 
Unless otherwise agreed in writing with the Planning Authority, the construction of the
development shall be carried out in accordance with the approved Noise Management
Plan.     
Reason: In order to avoid sources of nuisance in the interest of amenity. 
5. Hours of Construction Working 
The hours of working at the site during the construction of the development hereby
approved shall be restricted to 08.00 to 18:30 Monday to Friday and 08.00 to 13.00 on
Saturdays. No construction work shall take place at the site on Sundays or Bank
Holidays. 
Reason: In order to avoid sources of nuisance in the interest of amenity.

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6. Noise Assessment and Management Plan for Operational Activities 
Prior to the development coming into use, a Noise Management Plan relative to
the operational phase shall be submitted to and approved in writing by the Planning
Authority. 
The document shall incorporate the following: 
i. A noise assessment undertaken in terms of BS4142:2014+A1:2019 ‘Methods
for rating and assessing industrial and commercial sound’, the scope of which
shall include the extraction unit for the commercial premises    
ii. Details of the means by which extraneous noise will be mitigated to ‘Best
Practicable Means’. The Noise Rating Criteria to be achieved during the day
(0700-1900hrs) will be NR35 and will be NR25 during the evening/night (1900-
0700hrs)  
iii. Details of the opening hours of the café/restaurant and the timing of deliveries
and collections to and from the site  
Unless otherwise agreed in writing with the Planning Authority, the development shall
be operated in accordance with the approved Noise Management Plan. 
Reason: In order to ensure that acceptable noise and vibration levels are not exceeded 
7. Odour Assessment and Mitigation Measures 
Prior to the commencement of the development, a detailed specification regarding the
collection, treatment and disposal of cooking odours shall be submitted to and
approved in writing by the Planning Authority.   
The specification shall incorporate the following: 
i. Precise details of the location of equipment used for the cooking and heating
of food 
ii. Information (including manufacturer’s details) on canopies, grease filters, rates
of air movement over the canopy, make–up air, air disposal points, etc. The air
disposal points should terminate at least 1 metre above any opening windows 
Unless otherwise agreed in writing with the Planning Authority, the system for the
collection, treatment and disposal of cooking odours shall be implemented in full
accordance with the approved details prior to the premises being brought into use for
the preparation and sale of food and it shall, thereafter, be operated and maintained
in a manner that is consistent with the agreed specification.     
Reason: In order to protect the amenity of the immediate area and prevent the creation
of odour nuisance. 
8. Arrangements for the Storage and Collection of Waste 
Prior to the commencement of the development, details of the proposed arrangements
for the storage and collection of waste shall be submitted to and approved in writing
by the Planning Authority. The arrangements shall be implemented in accordance with
the approved requirements prior to the development being brought into use and shall

Page 23

thereafter be retained in perpetuity unless otherwise agreed in writing by the Planning
Authority. 
Reason: In order to accord with the principles of sustainable waste management within
NPF4 Policy 12 and LDP2 Policy 63. 
9. 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. 
10. Details of Access and Parking 
Prior to the commencement of the development, the following details shall be
submitted to and approved in writing by the Planning Authority: 
i. The location, design and materials of any proposed walls, fences and gates 
ii. The means by which direct access between any of the proposed parking
spaces and the adjoining public car park is to be prevented 
iii. The materials to be used in the surfacing of the car parking spaces and turning
court 
iv. The layout of the access point into the turning court from the public car park 
Prior to the development being brought into use, the parking spaces and the access
into the turning court shall be formed in full accordance with the details approved under
points (ii), (iii) and (iv) above. Thereafter, the parking spaces and turning court shall
be maintained clear of obstruction for the parking and manoeuvring of vehicles. 
Reason: In the interests of road safety and in order to ensure that there is a level of
parking provision that is commensurate with the scale of the development. 
11. Biodiversity Enhancement 
Prior to the commencement of the development hereby approved, a biodiversity
statement 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 before the development hereby approved is first brought into use. 
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 following the development first being brought
into use.

Page 24

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. 
12. Surface Water Drainage 
Prior to the commencement of the development hereby approved, 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. The approved surface water drainage system shall be operational prior to
the development being brought into use and shall be maintained as such thereafter. 
Reason: In order to ensure that adequate surface water drainage is implemented to
prevent flooding elsewhere. 
13. Electricity Substation 
Prior to the commencement of the development, a report shall be submitted to and
approved in writing by the Planning Authority in consultation with the Environmental
Health Service and Scottish and Southern Electricity. This report shall incorporate the
following: 
i. An assessment of the noise levels generated by the operation of the existing
electricity sub-station, together with an assessment of whether the noise is
likely to give rise to complaints. This assessment should be carried out using
the methodology detailed in BS4142:2014+A1:2019 ‘Methods for rating and
assessing industrial and commercial sound’. In accordance with Planning
Advice Note 1/2011, as part of the assessment, consideration must be given
to any likely increase in noise levels that may reasonably be expected in the
foreseeable future from the operation of the electricity sub-station 
ii. Using the findings of the above assessment, the developer must then identify
the measures needed to mitigate any potential adverse effects of noise for the
patrons of the café/restaurant and the occupiers of the short-term holiday
letting units. Examples of suitable mitigation measures are detailed in Planning
Advice Note 1/2011. 
Unless otherwise agreed in writing with the Planning Authority, the building shall be
constructed having regard to the mitigation measures included within the approved
report. 
Reason: In the interests of the privacy and amenity of the proposed building having
regard to the provisions of Policy 14 of the Argyll and Bute Local Development Plan 2
(2024). 
14. Bicycle Storage 
A facility for the storage of cycles, the details of which shall have been previously
submitted to and agreed in writing with the Planning Authority, shall be provided within
the application site prior to the development hereby approved being brought into use.
Unless otherwise agreed in writing with the Planning Authority, the approved cycle
storage shall be retained in perpetuity for this dedicated purpose.

Page 25

Reason: In the interests of facilitating the use of cycles by the patrons of the building
hereby approved in accordance with the provisions of National Planning Framework 4
Policy 13 ‘Sustainable Transport’.

Page 26

ADVISORY NOTES 
1. The attention of the applicant/developer is drawn to the contents of the letter dated 20th
February 2025 from Scottish Water and the e-mail from SEPA dated 25th February
2025, both of which are in the list of documents relative to the application in the
Council’s Public Access System 
2. The attention of the applicant/developer is drawn to the information on the licensing
requirements for short-term lets that is contained in the Argyll and Bute Council website
and that can be accessed by using the following link: Short term lets licence | Argyll
and Bute Council 
3. The Environmental Health Service has provided the following advice: 
a. As a food premises, the proposal will be subject to the requirements of Food
Law. The applicant/developer is strongly recommended to contact the
Environmental Health Service to discuss the kitchen layout and proposed foods
to be made to ensure compliance with the law and good practice in order to
protect public health. In any case, the applicant is required to register as a food
business 
b. The applicant should be fully aware of the Construction (Design &
Management) Regulations 2015 (CDM 2015) and its implications on client
duties, etc 
c. It is very strongly recommended that appropriate measures should be taken in
the design of all buildings and their construction to inhibit the roosting and
nesting of gulls. Such measures are intended to reduce nuisance to, and
intimidation of, persons living, working and visiting the development 
d. It is the intention of the applicant/developer to install a drainage system at the
proposed development by means of connection to a new bio disc foul drainage
treatment plant with discharge to a body of water. The system of drainage
provided will require to be in accordance with the relevant Building (Scotland)
Acts, and this will be a matter for consideration by the Building Standards
Section in their processing of a Building Warrant application 
e. Discharge of effluent from the treatment plant into “controlled waters” (all inland
watercourses, coastal and ground waters) will require a discharge consent to
be put in place by the Scottish Environment Protection Agency (SEPA). If this
agency is satisfied with the proposed provision for drainage, the Environmental
Health Service would offer no objection to this arrangement 
f. Having regard to the formulation of the Noise Management Plan referred to in
Condition 6 above, it is recommended that deliveries and collections to and
from the site are not to be carried out between the hours of 23:00 and 07:00.

Page 27

COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  25/00181/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Settlement Strategy 
1.1. In terms of the adopted Argyll and Bute Local Development Plan 2 (LDP2), the site is
located within the ‘Key Rural Settlement’ of Tighnabruaich and the assessment criteria
contained in LDP2 Policy 01 include ensuring that development is of an appropriate scale
and fit and that it respects the character and appearance of the surrounding townscape. 
1.2. A previous application (ref: 22/00223/PP) was refused, inter alia, for reasons of
overdevelopment and its scale not being appropriate. The current proposal has reduced
the scale of the development by removing the staff accommodation to allow for on-site
parking. It is considered that the site has the capacity to accommodate this revised scale
of development with regard to all material planning considerations and, as such, it is now
considered to represent an appropriate proposal that is consistent with the key aims of
the Settlement Strategy in LDP2 Policy 01. 
1.3. NPF4 Policy 9 (a) supports the principle of redevelopment on brownfield sites and the
application site is brownfield in nature. Part (c) relating to contaminated land is examined
below and the proposal is considered to meet this policy subject to a suitably worded
condition. 
1.4. NPF4 Policy 28 and LDP2 Policy 45 support retail in line with the ‘town centre first’
principle. In this instance, the proposed café is not located within the local centre but is at
the edge of the village centre and previously had an established use as a Class 3 facility
(Susy’s Tearoom). There are no issues with providing a replacement café/restaurant at
this location of a very similar scale and size as the previous one. 
1.5. LDP2 Policy 23 relates to tourist facilities and accommodation and NPF4 Policy 30 seeks
to support tourism development on suitable sites and both are relevant in relation to the
proposal for 4 self-catering units (which were not part of the previous facility). 
1.6. Policy 23 ‘Tourist Development, Accommodation, Infrastructure and Facilities’ supports
tourist accommodation where: 
• the development is in a form, scale and location which is consistent with its
surroundings – as explained above, there is support in principle for this scale of
development within a settlement location 
• The proposals respect and integrate well with the landscape/townscape character
and amenity of the surrounding area – this is considered in more detail in Section
2 below 
• There is reasonably accessible public transport – the issues in relation to parking
are considered in Section 8 below. In terms of sustainable travel, there are buses
to and from Tighnabruaich and also visitors to this facility may arrive by the Waverly
or as part of coach tours, which are considered more sustainable than the private
car. Visitors may also travel by bike but the proposal does not include any specific
details for the provision of bike parking or e-car charging. This, however, can be
the subject of a condition.

Page 28

• It is well related to the existing built form of settlements – this is assessed in more
detail in Section 2 below 
1.7. NPF4 Policy 30 (b) contains similar criteria to Policy 23 and requires that the proposal
should meet the following: 
▪ Contribution to the local economy – it is considered that this proposal would make
a significant contribution to the local economy. It is a prime development site and
previously had a tearoom, which offered employment opportunities 
▪ Compatibility with surrounding area in terms of nature/scale of activity and impacts
of increased visitors – the proposed restaurant would replace the tearoom that
previously existed on the site. This is considered to be a ‘like-for-like’ replacement
that would not result in a rise in visitors. The introduction of four self-catering flats
would increase the number of people but the nature and scale of this activity would
be compatible with an existing village setting and is not considered to be significant 
▪ Impact on communities, for example, hinder the provision of homes and services
for local people – the development of this site for economic use, which continues
the existing established use, does not affect the provision of homes or services for
local people. Indeed, the opening of the restaurant would benefit the community
by adding a new service/meeting place to the area and providing jobs 
▪ Opportunities for sustainable travel and appropriate management of parking and
traffic generation and scope for sustaining public transport services particularly in
rural areas – this is assessed above under LDP2 Policy 23 
▪ Accessibility for disabled people – this issue will be addressed in detail at the
Building Warrant stage although there are no concerns based on the plans
currently under consideration 
▪ Measures taken to minimise carbon emissions – the Sustainable Buildings
Checklist submitted by the agent advises that, at this stage in the design process,
the energy requirements for the building have not yet been calculated. However,
it is “anticipated that renewables such as PV / solar / heat pump and zero carbon
technologies will be utilise to optimise reliance on renewables and minimise the
use of fossil fuels” 
▪ Opportunities to provide access to the natural environment – The site has
extensive views across the water and there is access to the shore across the main
road 
1.8. Overall, the proposal meets the criteria in LDP Policies 01 and 23 and NPF4 Policies 9
and 30 and is acceptable in principle. 
2. Location, Nature and Design of Proposed Development 
2.1. NPF4 Policy 14, LDP 9 and LDP Policies 05, 08, 09 and 10 serve to ensure that new
development, by reason of density and layout, effectively integrates with the urban setting
and they resist developments with poor quality or inappropriate layouts or densities,
including overdevelopment. 
2.2. NPF4 Policy 14 requires proposals to be underpinned by the six qualities of successful
places – healthy, pleasant, connected, distinctive, sustainable and adaptable. It also

Page 29

states that proposals that are detrimental to the amenity of the surrounding areas will not
be supported. 
2.3. The LDP2 design policies establish general principles for new development including that: 
• New development must reflect or recreate the traditional building pattern or built
form 
• The scale, shape and proportion of development should respect or complement
existing buildings and the plot density and size. Colour, materials and detailing are
crucial to integrate the development within its context 
2.4. This is a well-positioned site that has the benefit of the adjoining car park and the
residential properties in this part of Tighnabruaich have limited architectural merit. As
such, it is recognised that the plot has the potential to accommodate a building that wishes
to make a statement arrived at through an innovative contemporary design approach and
which would be used by members of the public. Indeed, there are other buildings in the
village which are different from those in their surroundings and which stand out for this
reason. 
2.5. Whilst the Planning Authority does not wish to stifle distinctive development, it was
considered that the previous proposal would have had an adverse visual impact on the
immediate and wider surroundings by virtue of its excessive scale and massing and the
inappropriate design detailing. Additionally, it would have represented an
overdevelopment of the site on the basis that the separate restaurant/self-catering flats
and staff accommodation buildings would have taken up the maximum available space
(64% larger than the previous Susy’s Tearoom, caravan and metal shed) and would have
resulted in an intensification in the previous use (a tearoom and static caravan for staff)
through the presence of the restaurant, four holiday letting units and three staff studios. 
2.6. The footprint of the currently proposed restaurant building is virtually the same as that
taken up by the previous café, caravan and metal shed whilst the 3 staff units that were
initially proposed have now been removed to allow space for on-site car parking to the
rear, improving the parking on the site to what it was historically. 
2.7. In acknowledging that the current proposal would still constitute an intensification in
comparison with the long-standing previous use of the site, the removal of the staff
accommodation is considered to result in a development with an appropriate scale of use.   
2.8. In addition to the considerable reduction in the mass and footprint of buildings on the site,
there have been a number of significant design improvements, including: 
• The relocation of the stainless-steel flue from the west-facing side elevation to the
north-facing rear elevation and a reduction in its diameter 
• The avoidance of the Art Deco style 
• The simplification and slight enlargement in the areas of glazing on the front
elevation of ground floor 
• The introduction of glazed balustrading on the first floor and on the open side on
the east-facing side elevation

Page 30

• An increased verticality in the appearance of the top floor (although the overall
height of the building is not material to the overall scale) 
• The introduction of a recessive grey cladding external finish, which satisfactorily
mitigates the increase in volume and massing through the provision of an
appropriate contrast to the remainder of the building thereby breaking up the
massing 
• The omission of the porthole windows on the east-facing elevation 
Although the ridge of the revised building is 0.6 metres higher than the original scheme
(and, therefore, 1.4 metres higher than the top of the adjoining dwellinghouse, Roseville),
it is not considered that this increased differential would result in the residential property
becoming dominated to a significantly adverse degree in terms of scale.   
2.9 For all of the reasons set out above, it is considered that the proposal is now consistent
with Policy 14 of NPF4 and Policies 05, 08, 09 and 10 of LDP2. 
3. Landscape 
3.1. LDP2 Policy 71 relates to Local Landscape Areas (LLAs) and this part of Tighnabruaich
sits within such a designation. The policy seeks to resist development in or affecting LLAs
where its scale, location or design would have a significant adverse impact on the
character of the landscape. In all cases, the highest standards of location, siting, design,
landscaping, boundary treatment and materials and detailing will be required. 
3.2. As set out in Section 2 above, the proposed development is considered to be of an
appropriate scale, massing, layout and design and, on this basis, it would have a ‘neutral’
effect thereby preserving the character and appearance of this part of the LLA in
accordance with LDP2 Policy 71 and NPF4 Policy 4. 
4. Flood and Water Management 
4.1. NPF4 Policy 22(c) supports proposed developments that would not increase the risk of
surface water flooding to others, or itself be at risk; that would manage all rain and surface
water through sustainable urban drainage systems: and that seek to minimise the area of
impermeable surface. The above NPF4 Policy is underpinned in the Argyll and Bute Local
Development Plan 2 by Policy 55 ‘Flooding’ and Policy 61 ‘Sustainable Drainage
Systems’. 
4.2. In relation to potential flood risk, the responses from SEPA and the Council’s own advisor
identify that the site lies outwith the indicative limits of fluvial and surface water flooding,
as per the SEPA Future Flood Maps. The coastal flood extent overlaps marginally with
the southern region of the site. With reference to the Coastal Flood Boundary dataset, the
200 year still water level is 3.97 metres Above Ordnance Datum (mAOD). Including an
additional 0.86m allowance for climate change and a further 0.6m freeboard, Finished
Floor Levels for the building should be set to a minimum of 5.43 mAOD. With reference
to the site plan, it is evident that the proposed site sits at an elevation above 6.5 mAOD;
hence, this is acceptable. 
4.3. The applicant does not include any details of the surface water drainage and there is
concern that, given the size of the site, it may be difficult to secure a sustainable urban
drainage system in accordance with the policy within the bounds of the site. However, it
is on a coastal area where surface water can be discharged into the coastal waters without

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causing any issues of localised flooding. A condition is recommended to secure an on-
site SUDS scheme to deal with the surface water. 
4.4. On the basis of the foregoing, and subject to a suitably worded condition, the proposed
development is considered to accord with the relevant Policies. 
5. Biodiversity 
5.1. NPF4 Policy 3 states that proposals should contribute to the enhancement of biodiversity
including restoring degraded habitats and strengthening nature networks and the
connections between them. Local developments (such as the preset proposal) must
include appropriate measures to conserve, restore and enhance biodiversity and these
should be proportionate to the nature and scale of the development. LDP2 Policy 73
‘Development Impact on Habitats, Species and Biodiversity’ underpins this policy. 
5.2. There are no protected site or species on the application site and it is brownfield land with
no trees and some limited scrub vegetation. Some objectors have commented on the
absence of a biodiversity/species assessment; however, this is not considered necessary
in this case given the state of the site. There is, however, a requirement under NPF4
Policy 3 to enhance the biodiversity on the site. It is recognised that there is limited space
for landscaping but other biodiversity enhancement measures could be included such as
bat/bird boxes on the building itself and climbing plants could be used up the side of the
building. A condition is recommended to ensure biodiversity enhancement measures are
included. 
5.3. On the basis of the foregoing, and subject to a suitably worded condition, the proposed
development is considered to accord with the relevant Policies. 
6. Contaminated Land 
6.1. NPF4 Policy 9 requires consideration of contamination on brownfield sites and Policy 82
‘Contaminated Land’ covers the same topic. 
6.2. During the consideration of the previous application, it had been thought that the applicant
had disposed of asbestos appropriately although it has since transpired that this was not
necessarily the case and an investigation has been undertaken by the Council’s
Contaminated Land Officer, who has been consulted on the current proposal. 
6.3. It is recommended that a condition can satisfy any concerns in relation to contaminants
potentially remaining from the asbestos thereby ensuring that there is no harm to human
health. It is a strict pre-start condition and it would ensure the proposal is compliant with
the relevant policies. 
7. Residential Amenity 
7.1. There is concern from some of the contributors regarding the impact of the scale of this
development in terms of noise, overlooking, loss of privacy and daylighting. In terms of
the first issue, LDP2 Policy 14 ‘Bad Neighbour’ states that bad neighbour development
includes any form of use involving a high turnover of customers at unsociable hours or
that could result in unpleasant odours. 
7.2. This criterion applies to the proposed café/restaurant but it should be noted that the use
of the site for the consumption of food and drink on the premises had previously
been established so this part of the proposal is accepted in principle. However, given the
length of time that the previous tearoom had been operated, it is highly unlikely that there

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were any conditions on a Planning Permission that controlled matters such as noise,
odour, etc. The Environmental Health Officer has recommended that conditions should
be attached to a new permission in relation to controlling construction and operational
noise and addressing any potential cooking odours. It is considered reasonable to attach
these types of condition as this would result in assessments being carried out in the
context of the most up-to-date legislation and guidance and would allow appropriate
safeguarding measures to be introduced, such as opening hours, delivery/collection
times, etc. 
7.3. The owners of Roseville directly on the boundary are concerned about overlooking/loss
of privacy as a result of the presence of balconies associated with the upper floor
apartments. It is considered that the applicant has addressed this matter with the
westernmost front balcony having a solid wall on the elevation facing towards the mutual
boundary. 
7.4. The grounds of the dwellinghouses to the northeast and east (The Firs and Lochee
House) are distances of 25 metres and 39 metres respectively from the closest part of the
proposed building and these properties are considered to be of a sufficient distance away
that their privacy and amenity would not be affected to a significantly adverse degree as
a result of overlooking. 
7.5. There has been no daylight and sunlight analysis submitted with the application. However,
in looking at the direction of the sun and the possible shadow that would be cast from the
proposed building, it is likely to overshadow the neighbouring car park and it is not
considered that the shadow would cast as far as the property known as The Firs apart
from possibly in late evening when the setting sun is low in the sky. It is not considered
there would be any loss of daylight to the property to the south of the proposed
development given the path of the sun. 
7.6. The ‘Site Layout Planning for Daylight and Sunlight’ document published by the Building
Research Establishment (BRE) advises that the loss of light to windows in existing
buildings need not be analysed if the distance of each part of the new development from
the existing window is three or more times its height above the centre of the existing
window. In this case, the height of the new building is 8 metres and it would be located
some 29 metres and at an angle from the west-facing elevation of the dwellinghouse
known as The Firs, which contains a single small window. The distance between the two
buildings is more than three times than the height differential referred to in the BRE
guidance and, therefore, no analysis is needed. This is the same conclusion for the west-
facing windows on the dwellinghouse that is further from the site (Lochee House) whilst
the immediately adjacent Roseville does not have a window on its east-facing elevation. 
7.7. There is concern over noise/disturbance from the scale of activity that this development
would create. As mentioned above, there is already an established use as a café on this
site so a degree of noise/disturbance has previously been accepted in this area. It is not
considered that the introduction of an additional 4 self-catering letting units would result
in the creation of noise and disturbance that would diminish the existing levels of
residential amenity to a significantly adverse degree. Noise arising from the construction
and operation of the development (including opening hours) can be controlled via
conditions. 
7.8. The proposal may result in odours from the extraction system. The flue is located on the
rear elevation of the building that would face towards car parking spaces and the area
containing recycling bins. The Environmental Health Service has recommended the
attaching of a condition that requires the submission and approval of a detailed

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specification regarding the collection, treatment and disposal of cooking odours and the
implementation of the system prior to the operation of the café/restaurant. 
7.9. Overall, and subject to suitably worded conditions, it is considered that the proposal would
not affect the residential amenity of the area to a significantly adverse degree and, as
such. it meets the requirements of Policy 14. 
8. Road Network, Parking and Associated Transport Matters 
8.1. NPF4 Policy 13 supports development that provide easy access by sustainable transport
modes and also provide charging points for vehicles and cycles and safe, secure cycle
parking. The relevant Argyll and Bute Local Development Plan 2 policies are Policy 35
‘Design of New and Existing, Public Roads and Private Access Regimes’ and Policy 40
‘Vehicle Parking Provision’. 
8.2. As explained above, the site is directly adjacent to a public car park and there is suitable
access and egress (with the appropriate visibility) into this car park. There are no concerns
with regard to access to the site and turning areas within the public car park off the public
road. 
8.3. The previous application did not include any on-site parking and this contributed to one
of the reasons for refusal. It previously was considered that the introduction of the four
self-catering apartments and the three staff accommodation units would represent an
increase in the demand for parking that would not be met by the proposed development. 
8.4. As a result of the omission of the staff accommodation units, the current proposal
incorporates five dedicated car parking spaces within the red line application site. The
Roads Department considers that the provision of five on-site spaces is insufficient to
cater for the four self-catering apartments, the patrons of the café/restaurant, disabled
persons and members of staff. A number of objections have also been received relating
to the matter of parking (see Section F above) and concern has been expressed that the
car park does not have the capacity to support the additional parking demand. There are
reservations that, if the overnight parking restriction was to be lifted to accommodate
overnight parking for the self-catering units and members of staff then this would also
encourage motorhome parking. There is concern that the spaces required would take up
a significant proportion of the car park. 
8.5. In determining the extent of the shortfall in parking spaces associated with the current
proposal, it is considered reasonable to accept the use of the public car park by patrons
and members of staff of the proposed café/restaurant as this was the situation that existed
for decades in association with the previous Susy’s Tearoom. Having regard to the
parking standards in LDP2 Policy 40, the number of spaces to be provided in relation to
the four two-bedroomed units would be eight spaces. As five on-site spaces are proposed,
this represents a shortfall of three spaces. 
8.6. In the particular circumstance of this case, it is considered that this shortfall can be
accepted as a minor departure to policy given the following wider considerations: 
• The presence of a large public car park immediately adjacent to the site and there
is no evidence to suggest that there is insufficient capacity when the previous
tearoom operated 
• The café/restaurant previously had no parking spaces on the site and the public car
park was used by patrons and staff. There is no change in the floorspace of the
café/restaurant so no change in trip profile and the use is lawful and established

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• Whilst acknowledging that the introduction of the 4 new self-catering apartments
would intensify the overall site usage, the shortfall of three on-site parking spaces is
considered to be relatively small and, given the active and sustainable travel options
set out below, it is not considered that this level of shortfall would result in such clear
and demonstrable harm as to warrant a refusal of the application 
• The aspirations that are inherent in NPF4 Policy 13 and Policy 33 of LDP2 highlight
the importance of walking, cycling and proximity to public transport links. Public
transport links including bus stops and the local pier (where passengers embark and
disembark the PS Waverley) are within walking distance of the site and the agent
has confirmed that a secure bike rack will be provided for customers and staff 
• The site previously was a café so it is brownfield land being brought back into use.
The facilities on offer need to be expanded as the café/restaurant would not be
commercially viable on its own so it is considered that the scheme as currently
presented would bring economic benefit to the area (as opposed to a housing
development, for instance) and would remove the blight of this brownfield site 
8.7. Whilst it is recognised that the proposal does not fully meet the provisions of Policy 40 of
LDP2 in terms of off-street parking, the mitigating factors detailed above are of sufficient
materiality for the application to be approved as a minor departure to the Development
Plan. 
9. Infrastructure 
9.1. NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach
to land use planning, which puts infrastructure considerations at the heart of placemaking.
NPF4 Policy 22(c) supports proposed developments if they can be connected to the public
water mains. The above NPF4 Policies are underpinned in the Argyll and Bute Local
Development Plan 2 by Policy 60 ‘Private Sewage Treatment Plants and Wastewater
Drainage Systems’. 
9.2. In addition, NPF4 Policy 12(c) expects that developments, including residential and
commercial, should incorporate measures that allow the appropriate segregation and
storage of waste together with convenient access for the collection of waste. This NPF4
Policy is underpinned in the Argyll and Bute Local Development Plan 2 by Policy 63
‘Waste Related Development and Waste Management’. 
9.3. It is proposed to connect the development into the public water main but there is no public
sewerage system at this location. Scottish Water has confirmed that there is currently
sufficient capacity in the public water supply. 
9.4. The application includes provision of a bio disc foul drainage treatment plant. There are
some questions over the detail of this from objectors; however, such matters would be
controlled via a separate licence from SEPA. The main factor to consider in relation to
planning is whether it can be accommodated on site and this has been satisfactorily
demonstrated. 
9.5. The site plan identifies the provision of a bin store and this is something that can be
conditioned to ensure final details are submitted for approval and that the arrangements
are constructed prior to the premises coming into use.

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9.6. On the basis of the foregoing, and subject to suitably worded conditions, the proposed
development is considered to accord with the relevant Policies.