Minutes
Argyll and Bute Council · 22 October 2025
Back to Planning, Protective Services and Licensing Committee — 22 October 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on TUESDAY, 16 SEPTEMBER 2025 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie Philand Councillor Peter Wallace Attending: Fergus Murray, Head of Development and Economic Growth Shona Barton, Governance Manager Peter Bain, Development Manager Bryn Bowker, Area Team Leader – Mid Argyll, Kintyre and the Islands Kirsty Sweeney, Area Team Leader - Bute, Cowal, Helensburgh and Lomond David Moore, Senior Planning Officer Stuart Ramsay, Senior Planning Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey and Mark Irvine. 2. DECLARATIONS OF INTEREST Councillor Graham Hardie declared a non-financial interest in Planning Application reference 25/00535/PP as members of his family submitted letters of support in respect of this proposal. Councillor Hardie also declared a non-financial interest in Enforcement Case Reference 15/00051/ENAMEN as his wife was a friend of the landowner. He confirmed that he would leave the meeting and take no part in the consideration of these cases which were dealt with at items 5 and 9 of this Minute. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 20 August 2025 at 11.00 am was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 20 August 2025 at 2.30 pm was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 20 August 2025 at 3.30 pm was approved as a correct record.
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4. SCOTTISH GOVERNMENT SECTION 36 CONSULTATION: CONSTRUCTION AND OPERATION OF BALLIEMEANOCH PUMPED STORAGE HYDRO SCHEME: 4.4 KM TO THE SOUTH OF PORTSONACHAN AND 9 KM NORTHWEST OF INVERARAY (REF: 24/01324/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 and Deployment Unit consultation on a revised Section 36 Application for the construction and operation of Balliemeanoch Pumped Storage Hydro Scheme at land 4.4 km to the South of Portsonachan and 9 km Northwest of Inveraray. Before proceeding with his presentation, the Senior Planning Officer advised that the Applicant had submitted a late Community Wealth Economic Growth and Resilience submission, which had been circulated by the Applicant to the Members and a copy of this had also been placed on public record. This submission stated that the Applicant wished to commit to funded apprenticeships - a £500,000 fund for apprenticeships and training working with the University of the Highlands and Islands to deliver training and legacy benefits by seeking to utilise young people in both the construction and future operation of the facility. Secondly, a Community Resilience Fund of £50,000 per annum for 25 years to tackle the effects of climate change, a total of £1.25 million, and thirdly, the construction of 12 new homes in Inveraray within the approved Masterplan area, which would initially be used by the Senior Project Managers and, thereafter, would be transferred for general housing use, either to a Registered Social Landlord, or for general occupation in the area. He advised that community benefits were not normally considered to be material planning considerations and were a voluntary contribution matter dealt with out with the planning system and out with Officer reports. He said, however, that it was his opinion that the training provision commitment and the housing provision commitment could be regarded as material planning considerations to the application in respect of NPF4 Planning Policies 11c and/or Policy 25 and having regard to the Council’s declared Housing Emergency. In respect of the promoted Community Resilience Fund, it was his view that as it was set out, this was not capable of being considered and should not be considered, as a material planning consideration in the determination of this application. The late submission made by the Applicant did not change the recommendation in the main report before the Committee for consideration. This report reviewed the policy considerations which were 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 application details were amended by the Applicant following objections received, mainly expressing concerns relating to the alteration of the water levels of Loch Awe and consequent potential adverse flooding impacts on roads, houses and businesses. There were also objections to the original larger proposal from SEPA and NatureScot related to the impact of the development on peat and habitat. The Applicant has revised and reduced the scale of the development, and the current application has been amended from the original scheme and now constitutes the application details before the Council with the original Environmental Impact Assessment Report (EIAR) now supported by additional environmental evaluation contained within the Further Environmental Information (FEI) documentation.
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It was recommended that no objection be raised to the revised S36 proposals subject to the imposition of appropriate conditions summarised within the report and other consultation responses and that the current ‘holding objection’ lodged with the Scottish Ministers be withdrawn. Decision The Committee agreed that no objection be raised to the revised S36 proposals subject to the imposition of appropriate conditions summarised within the report and other consultation responses and that the current ‘holding objection’ lodged with the Scottish Ministers be withdrawn. (Reference: Report by Head of Development and Economic Growth dated 5 September 2025, submitted) Councillor Graham Hardie, having declared an interest in the following item, left the meeting at this point. 5. TARBERT HARBOUR AUTHORITY: EXTENSION OF EXISTING CAR PARK TO FORM MIX OF CAR PARKING AND BOAT STORAGE AND FORMATION OF SLIPWAY: LAND ADJACENT TO MARINA OFFICE, GARVAL ROAD, TARBERT (REF: 25/00535/PP) The Area Team Leader spoke to the terms of the report. This is an application for an extension of an existing car park to form a mix of car parking and boat storage and formation of a slipway at an existing established marina site. In terms of the adopted Argyll and Bute Local Development Plan (LDP) 2, the application site is located within a Conservation Area, near listed buildings and Scheduled Monuments and within the Settlement Area of Tarbert. The site is also identified within a Tourist Development Opportunities area. A total of 57 representations have been received for the application, for which 16 were in support, 21 neutral and 40 in objection to the proposal. There have been no objections received from statutory consultees. The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to S25 of the Act. It was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction
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Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 01.04.2025, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Location Plan 107065-MMD-01- XX-DR-C-0120 2 23.04.2025 Location Plan 1:750 107065-MMD-01- XX-DR-C-0121 2 23.04.2025 Existing Site Plan 107065-MMD-01- XX-DR-C-0122 2 23.04.2025 Proposed Site Plan (Winter Use) 107065-MMD-01- XX-DR-C-0130 2 23.04.2025 Proposed Site Plan (Summer Use - Car Parking) 107065-MMD-01- XX-DR-C-0131 2 23.04.2025 Proposed Site Plan (Mixed Use) 107065-MMD-01- XX-DR-C-0132 2 23.04.2025 Boat Recovery Positions 107065-MMD-01- XX-DR-C-0136 2 23.04.2025 Proposed Site Sections and Finished Floor Level (Section A-A and Section B- B) 107065-MMD-01- XX-DR-C-0135 2 23.04.2025 Proposed Site Sections and Finished Floor Level (Section C-C and Section D- D) 107065-MMD-01- XX-DR-C-0137 2 23.04.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Notwithstanding the provisions of condition 1, for the purposes of clarity strictly no excavation shall take place below the public road / toe of embankment. Reason: In the interests of Road Safety. 3. PP – Road Condition Survey No development shall commence until a survey recording the condition of between the A83 Tarbet - Campbeltown Trunk Road / U40 Shore Road (Garvel Road) junction and the application site has been undertaken and deposited with the Roads Authority. The survey shall be undertaken to a specification which has first been agreed in writing with the Roads Authority and shall address the condition of the carriageway and
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verges and the condition of any bridges and culverts along the route. (Video recording would be beneficial). Reason: To establish the condition of the public road prior to construction works being commenced in order to provide a baseline against which the need for reinstatement works may be assessed. Note to Applicant: Damage arising from abnormal traffic associated with the construction of this development shall be reinstated in accordance with details to be submitted to and approved by the Roads Authority in accordance with the provisions of the Roads (Scotland) Act 1984 either upon significant damage being identified during the course of construction works, or following a final inspection upon completion of construction works, whichever is the sooner. 4. PP – Construction Traffic Management Plan and Method Statement No development shall commence until a Traffic Management Plan and Method Statement has been submitted for the written approval of the Planning Authority in consultation with the Roads Authority. The Traffic Management plan should include details of all materials, plant, equipment components and labour required during the construction works. The Plan shall also detail approved access routes, agreed operational practices (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, reporting of verge damage) and shall provide for the provision of an appropriate Code of Practice to drivers of construction and delivery vehicles. The development shall be implemented in accordance with the duly approved Traffic Management Plan. Reason: To address abnormal traffic associated with the development in the interests of road safety. 5. PP - Parking and Turning As Shown The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. This shall include provision for 3 disabled parking spaces. Reason: In the interest of road safety. 6. PP – Basic Landscape/Surface/Boundary Treatment No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of: i) Location, design and materials any proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works;
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The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 7. PP – Biodiversity Enhancement Notwithstanding the provisions of Condition 1, no development shall commence until a biodiversity statement has been 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 (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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. Note to applicant: Your attention is drawn to the consultation comments of the Council’s Local Biodiversity Officer regarding suggested biodiversity enhancement measures. 8. No development, including demolition and/or construction works associated with the hereby approved development shall take place outside 08.00 hours to 18.00 hours Mondays to Fridays; 08.00 hours to 13.00 hours on Saturdays or at any time on Sundays or Bank Holidays. Any variation to the hours of operation shall be submitted to and agreed in writing by the Local Planning Authority prior to any agreed change being implemented. Reason - To ensure that the residential amenities that occupiers can reasonably expect to enjoy are adequately protected. 9. No development shall commence until details of flood risk signage to be erected at the application site have been submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Flood Risk Advisor. The duly approved details shall be implemented thereafter prior to commencement of first use of the hereby approved development.
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Reason: In order to ensure appropriate mitigation for flood risk. 10. PP - Bird Breeding Season The removal of any vegetation or trees should be undertaken outside the nesting bird season (March-September) or alternatively a nesting bird survey should be undertaken to confirm no active nests are present. The survey shall be submitted to and approved in writing by the planning authority prior to the removal of any vegetation and trees. Reason: To protect breeding birds in the interests of nature conservation. 11. PP – Pre-commencement Survey No development or other work shall be carried out on the site until a pre- commencement survey for the presence of Otters has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority, in consultation with the Council’s Biodiversity Officer. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 12. PP – Surface Water Drainage – No further detail required Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. 13. Notwithstanding the provisions of Condition 1, no development shall commence until the design and external construction materials to be used in the proposed boat wash water treatment unit shown on the hereby approved plan ref 107065-MMD-01-XX-DR- C-0130 Rev 2 have been submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 14. PP – Construction Environmental Management Plan Prior to the commencement of the development hereby approved, a Construction Environmental Management Plan (CEMP) shall have been submitted to and approved
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in writing by the Local Planning Authority. The duly approved plan shall be fully adhered to throughout the construction period, and shall provide, amongst other things, for: - measures for controlling dust and preventing any spills; - specifications and a timetable of works for the construction phase of the development; - pollution prevention measures including management of plant, materials, chemicals and fuels, and washing/storage arrangements; - the parking of vehicles of site operatives and visitors; - loading and unloading of plant and materials; - the erection and maintenance of any security hoarding/fencing. The submitted details shall have regard to SEPA's Guidelines for Pollution Prevention 5: Works and maintenance in or near water. Reason: In the interests of biodiversity and the natural environment. (Reference: Report by Head of Development and Economic Growth dated 2 September 2025, submitted) Councillor Hardie returned to the meeting. 6. SAULMORE BAY RESORT LTD: PROPOSAL OF APPLICATION NOTICE FOR MARINA; BOATYARD INCLUDING ANCILLARY OFFICES (CLASS 4) AND STORE (CLASS 6); LEISURE RESORT INCLUDING BUILDINGS FOR OFFICES (CLASS 4), LEISURE USE, GYM AND SPA (CLASS 11), RETAIL (CLASS 1A), RESTAURANTS AND CAFES (CLASS 3), AND RELATED USES; HOLIDAY LODGES (SUI GENERIS); AND OTHER HOLIDAY ACCOMMODATION TYPES (SUI GENERIS); NEW PARKING AREAS, ROADS, WALKWAYS, AND CYCLEWAYS; DRAINAGE AND OTHER INFRASTRUCTURE; AND LANDSCAPING AND BIODIVERSITY ENHANCEMENT: LAND AT CAMUS BRUAICH RUAIDHE, CONNEL (REF: 25/01210/PAN) The Senior Planning Officer spoke to the terms of the report. The proposed site is located within open countryside, adjacent to the western settlement boundary of Connel and to the North of the A85, around Camus Bruaich Ruaidhe bay (Loch Etive). The site is also identified as a Potential Development Area (PDA) in the adopted Local Development Plan 2 for a Marina/Leisure/Tourism use. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision
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The Committee noted the content of the report and requested that the following matters be given consideration in finalising any future planning application submission – • To ensure that any improvements to infrastructure are tied into neighbouring developments or potential developments as outlined in LDP2, in particular, the Oban Development Road, leisure development (potential Golf Course) and maybe housing nearby. • Minimise impacts on transport links and potentially have a benefit that can be shared across several developments. • Any development to be undertaken to have a high standard of sensitivity to this area. (Reference: Report by Head of Development and Economic Growth dated 29 August 2025, submitted) Councillor Peter Wallace left the meeting during consideration of the foregoing item. 7. UPDATE ON PLANNING PERMISSION NON-DETERMINATION APPEAL: LAND TO THE IMMEDIATE WEST OF TAYNUILT SUBSTATION, TAYNUILT The Senior Planning Officer spoke to the terms of the report. The planning application for the Battery Energy Storage Unit at land to the immediate West of Taynuilt Substation was presented to Members for determination on 18 June 2025 with a recommendation from Officers that it should be approved. At this meeting Members agreed to hold a pre-determination hearing to assist them in making a determination on whether to approve or refuse this application. The Applicant has now lodged an appeal to Scottish Ministers on the basis of non- determination which means the matter has been removed from Council process without Members have an opportunity to express a formal view and the site visit and hearing have now been superseded by the appeal and can now no longer proceed. Within the appeals process there is an opportunity for the Planning Authority to make submission to the Reporter on the mechanism by which the appeal should be decided. A report seeking a view from Members on the response to the Appeal was considered. Decision The Committee agreed: 1. to note the submission of the Non-Determination Appeal; and 2. that the response to the Appeal should include the following: • Reflect the factual position the PPSL had reached advising on the level of objection and comment the application has generated and, in particular, that Members had determined to have a site visit and pre-determination hearing and therefore
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recommend by submissions that this is a course that the Reporter should follow in this case. • Due to the weight of public opinion the PPSL were of the view that only a site visit and pre-determination hearing would give them a better understanding of the location of the proposed development, before they reached a conclusion on their deliberations. • Members were cognisance of public opinion on this and with that public opinion, as a planning authority, the Committee felt they had a duty not only to look at the Development Plans and Policies and consider applications against those, but to be seen to do that in the eyes of the public. In this case the level of interest was such that for the public to have confidence in the planning system, and the Committee as planning authority, that the Committee were carrying out their role and scrutinising this, and in comparing the application with the policies, that a pre-determination hearing and site visit were the proportionate and appropriate course of action. The Committee were of the view that the only way at this point where they could continue to reach that view reached by democratic decision, and avoid a democratic deficit with that, was for the Reporter now to take on that role of being seen to not only consider the Policies, but to be seen to consider publically these Policies before coming to a decision. • The Committee felt there was more information they required than what was contained in the submissions before them. The Committee felt this information would be more readily obtained from seeing the site first hand and from the hearing. Also in relation to the exact location of the site, the impact on neighbouring properties, noise, and also the potential risks with such a development, and being able to put these into context. They believed having that site visit and hearing, where they would have been able to gather that information directly and follow it up with questions, was vital in this instance. (Reference: Report by Head of Development and Economic Growth dated 5 September 2025, submitted) 8. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ1 2025/26 A report providing an update on the performance of the Development Management Service for the reporting period FQ1 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 8 September 2025, submitted) The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following 2 items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in Paragraph 13 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
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Councillor Graham Hardie, having declared an interest in the following item, left the meeting at this point. 9. ENFORCEMENT REPORT - REFERENCE 15/00051/ENAMEN The Committee considered enforcement case reference 15/00051/ENAMEN. Decision The Committee agreed the recommendations detailed in the report. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024 and supplementary report number 1 dated 16 September 2025, submitted)