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Argyll and Bute Council · 30 September 2025
Back to Planning, Protective Services and Licensing Committee — 30 September 2025 and its agenda

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on TUESDAY, 30 SEPTEMBER 2025 
Present: Councillor Kieron Green (Chair) 
Councillor Gordon Blair
Councillor Jan Brown
Councillor Amanda Hampsey
Councillor Graham Hardie 
Councillor Fiona Howard
Councillor Mark Irvine
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
David Walker, Solicitor
Alida Achermann, Licensing Standards Officer
Emma Douglas Applicant
David Freeborn, Applicant
Alex Freeborn, Applicant
Audrey Junner, Applicant’s Agent
Janice Oliver, Objector
Marilyn Laverty, Objector
Gordon Chalmers, Objector
Karina Alexander, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors John Armour, Audrey Forrest,
Daniel Hampsey, Andrew Kain, Paul Kennedy and Liz McCabe. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982, THE CIVIC GOVERNMENT
(SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER
2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE (E
DOUGLAS, D FREEBORN AND A FREEBORN, 11 CREAGAN PARK,
ERRAY ROAD, TOBERMORY, ISLE OF MULL) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.   
For this hearing the Applicants opted to proceed by way of video call and Emma Douglas,
Alex Freeborn and David Freeman and their Agent, Audrey Junner, joined the meeting by
MS Teams. 
Four of the Objectors also opted to proceed by way of video call Janice Oliver, Karina
Alexander, Marilyn Laverty and Gordon Chalmers and joined the meeting by MS Teams. 
Fiona McAdam, Objector, opted to proceed by way of written submission and a copy of
this was contained within the Agenda pack for today’s hearing.

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The Chair invited the Licensing Standards Officer to speak to the terms of the report. 
Thereafter the procedure set out in Appendix 9 of the report was followed and the Chair
invited the Applicants to speak in support for their application. 
APPLICANT 
Ms Junner advised that she was in attendance on behalf of the Applicants’ Agent and that
she would speak on behalf of the Applicants.  She referred to a number of matters raised
by the Objectors which she said were not relevant to this application and advised that she
had noted that within the Officer’s report the Committee had been asked to disregard
these matters.  She confirmed that she would not go into the details of these.  She
advised that she would address the outstanding and valid points and the responses to
these provided by the Applicant’s Agent, and she said that she hoped this would give
some comfort to the Committee that the premises would be well run. 
In terms of privacy and security and the use of the shared footpath, she advised that it
could be seen from the photographs provided that the path led from the front door of the
property and was wide enough to access without the need to go across the grassed
areas.  She referred to the pack of information that would be prepared and shared in
advance to anyone using the property, to ensure that they were aware of access to the
property and rules in respect of common and private areas. 
She referred to concerns raised about anti-social behaviour and advised that there was no
reason to believe this would be an issue.  She explained that the property would be well
run with guests fully briefed.  She said that other neighbours in the block would be able to
contact the owner directly if they had any issues.  She said that it was not anticipated that
there would be any issues given the nature of the operation.   
In respect of concerns raised about pets, she advised that the owners all had family pets
and that they would like to continue bringing their pets to the property.  She had advised
that they would be happy to accept that guests under the short-term let licence would not
be permitted to bring pets. 
She acknowledged that there has been apprehension about the change of use of the
property.  She explained that the property has belonged to the family for generations,
since it was built, and acknowledged that introducing something different might be
daunting.  She said that she wanted to reassure the neighbours that the Applicants and
guests would be considerate and mindful of the location and that the information pack
would set out all the rules and policies.  She said that the Applicants had a deep
connection to the island and opening up their property occasionally to guests through the
short-term let process would allow them to retain the property for their family and friends
to use going forward. 
She asked the Committee to grant the application and confirmed that the Applicants
accepted the proposed conditions to be attached to the licence. 
Mr Alex Freeborn said that the family had a deep connection to the area.  He said that he
had been brought up on Mull and had attended the local primary school.  He said that they
would like to keep and maintain the property to the highest possible standard and to the
requirements of the short-term let licence conditions.

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QUESTIONS FROM OBJECTORS 
Mrs Alexander referred to the Applicants’ intention to provide an information pack to
guests and asked if this had been prepared as none of the Objectors had seen sight of
this.  She commented that they would like to have been consulted on its contents and to
have been able to check that it was okay. 
Mr Alex Freeborn advised that the information for guests had not been written up yet as
they had been waiting for the outcome of the hearing.  He advised that they would be
happy to draw up the paperwork in a collective manner with neighbours to ensure they
were happy and had input. 
OBJECTORS 
Janice Oliver 
Ms Oliver referred to the title deeds and said that she had noted that these should not be
considered by the Committee.  She advised that the whole point of these properties was
that businesses should not run from them.  She said that everyone in the block accessed
their gardens via her garden.  She said she would not have wanted to move into a
property that had an Airbnb.  She said the title deeds were written to provide a level of
intimacy.  She said that everything hinged on what the title deeds said because that was
what mattered.   
She referred to the photographs provided and said they did not show the width of the
footpath at the front door of number 11.   
She referred to the family advising that they had been visiting since childhood and said
that she had lived here for 24 years and that their visits were very brief and that she did
not see any closeness to the property from any of them. 
She referred to comments within the paperwork about a shared courtyard and advised
that this was not a shared courtyard and that it was her back garden.  She said that
people tended to spill out of number 11 into her garden and there was not enough space
outside number 11.  She said that people would come out to make phone calls, have a
smoke and have a chat.  She said this was immediately outside her front door and that it
left her feeling intimidated.  She said the idea of people sticking to the footpath was a
nonsense as her garden was so convenient to use.  She said that the idea of having 6
people living in the flat was overcrowding, with one bathroom.  She suggested that guests
may use the garden instead if there was a party.  She said there was very little
soundproofing between the flats and that she did not feel she would get any peace living
in the lower flat. She said her quality of life would be terrible and that she would need to
look to move somewhere else if the application was granted.  She advised that if she sold
her flat it may be bought and used as an Airbnb and that if this happened she would feel
bad for her neighbours.  She said the whole thing was opening up a nightmare scenario
which, she advised, was why the title deeds were so important and could not be
disregarded.  She referred to a property in Glasgow that was part of a block of 4 flats and
that enforcement action had been taken by the Council as it was operating as a short-term
let without planning permission.  She said this set a precedent and that she could not
understand why this hearing had to be held. 
She said that over the last 6 or 7 years the flat had only been occupied 3 or 4 weeks per
year.  She said the garden was neglected with overgrown vegetation and the footpath was

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getting very slimy.  She imagined that even with winter lets, the property would remain
empty during the winter.  She suggested the fabric inside the property would be getting
damaged. 
She advised that she was worried about the security of equipment she stored in her shed,
the coal in her bunker, and the fruit in her trees.  She said that strangers coming every
week would not all be perfect citizens.  She advised that even when going to put her
washing out she would need to keep her door locked as the garden would be a public
way.  She said she would need to lock her door every time she stepped out into her
garden.  She commented that once when the family had brought their dog one had
barked, growled and gone for her.  She said another member of the family that came with
their dog would always leave it in the property and it would howl while they were out until
they returned.  She said there was up to 4 hours of non-stop howling which was hard to
endure.  She said there was also a problem with the bins as they tended to be kept
outside the front door which made the narrow footpath even more narrow. 
She said there would also be a fire risk with strangers coming and going every week.  She
also advised that the gardens were not fenced off and that there was a burn that was not
fenced off which, she suggested, could be a danger to families.  She said that there was a
need to fence off the garden with a gate between her front door and their front door, at
their expense, to make it clear to visitors that they were stepping into her garden. 
Marilyn Laverty   
Ms Laverty advised that she was the only person to have bought their house from the
Council and that she had lived here for 40 years.  She said that when she purchased her
property, she received a letter from the Council which advised that it could only be used
as a self-contained dwelling house, occupied by one family and for no other purpose.  No
business or trade occupations could be carried out and no name plates or advertisements
of any kind could be fixed to the property without the consent of the Council.  She said that
she took that to mean she could not run a business, and she never did.  She said she
could not understand how someone could now come and run a business from their home. 
She said that was her main objection. 
She said she would like to know who she could call on locally if there was an emergency
as none of the owners of the property lived there. 
She also said security would be a problem, especially for Ms Oliver and that there would
also be extra noise with people on holiday coming and going late at night.  She said that
she had spoken to Mrs Douglas about her dog howling and that she had stopped that from
happening again by taking the dog out with her.  She said she did not have a problem with
that issue at the moment. 
She referred to parking issues and advised that she was disabled and could not walk a
long distance.  She said that she would need to be able to park outside her property and
advised that she had a blue badge. 
She also referred to the overgrown garden and said she was worried about trees falling. 
She said that one or two were near enough to hit the roof if they were to fall over.  She
said she did not know who the trees belonged to and that this needed to be looked at. 
She also advised that a lot of trees in the front garden had self-seeded and that there was
a very large shrub outside the window that had not been maintained.

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She said that the bins were also a problem.  She advised that in the past the bins were put
out on the road and sat there for a long time and in the end a neighbour moved them and
cleaned them out. 
With regard to security, she said the thought of different people you did not know coming
every week was not very nice.  She said it was okay when the family was there as she
knew who there were.   
She said the main issue for her was that this was a residential property and not a business
property.  She said that this was stated on her title deeds, and she had no idea why it
could suddenly be changed. 
Gordon Chalmers 
Mr Chalmers read out the following submission: 
Introduction 
Unlike the other objectors, I am not a resident of Creagan Park, but I live close by and
have been asked to assist the objectors articulate their concerns and address issues
raised by this application.  I am a STL Licence holder but have no financial motive in
objecting. 
Invalid points of Objection (3.7). 
I note that matters relating to title deeds are said not of themselves grounds to grant or
refuse the application.  In fact, it is a mandatory condition of grant that Planning
Permission under the 1997 Act is in force.  That is on my licence, and I was required by
A&B to verify that we do indeed have permission under that Act.  It is also clear
throughout the process that a proof of permission to run a business is required.  The
applicants assert that their proposed use does not constitute a change of use; how then
can they have secured the necessary Insurance to run a self-catering let?  The matter of
Insurance is very much a condition of the grant of a licence, and this requires further
scrutiny. 
3.8-3.10. Noted these are not directly related to consideration of the grant but might
reasonably be expected to bear on any conditions to be applied.   
3.11 This matter was raised in my first letter of objection, and the matter was rectified as
stated by moving the notification from the house window to the roadside where it could
readily be examined.  However, after moving the notice the section regarding day-to-day
management was altered.  Initially it was stated that the premises would be managed by
Mull Holiday Cottages, Tobermory.  This is a well-respected local letting business with
qualified and vetted staff and contractors.  This was scored out and replaced with the
names of the three applicants.  I note the heading of the paper given to committee shows
them as resident at 11 Creagan Park, when in fact their home addresses as shown on the
notice are in Dunfermline, Fort Augustus and Thirsk.   
This latter detail forms the principal point of my objection; I do not know any of the named
applicants, but I have serious doubts as to their ability to manage the flat day-to-day. 
There are many many situations that arise daily that cannot simply be dealt with remotely,
and for the applicants to suggest local contingencies can be put in place is patently
stretching credulity.  If they have people locally who will undertake the management, they

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must be named and the objectors given the opportunity to object afresh.  On this ground
alone I contend the application is not competent and must be resubmitted with fuller
information for the neighbours and the licensing committee to consider. 
The broader picture. 
The application is recommended for approval.  This recommendation is followed by what
can only be described as an eye-watering list of additional conditions, which even a
cursory visit to the premises would strongly suggest makes the prospect unmanageable
other than by someone living close by.  The neighbours have described the impact that
this licence will have on their amenity.  It is clearly a subjective assessment for the officers
to make, but I and the neighbours would wholeheartedly argue that the impact of the grant
of a licence here would adversely affect their quality of life. 
A recent decision in Glasgow confirms there that city planning policy states proposals for
“the reuse of existing buildings for short-term holiday letting will not be supported where
the proposal will result in…. an unacceptable impact on local amenity”. 
“The use of a flat as short-stay accommodation… has the potential to result in conflict with
mainstream residential flats in a block through regular influx of temporary residents as well
as increased pressure on infrastructure and shared space.” 
Even if A&B Policy does not coincide with this common-sense approach, the committee
should give consideration to these issues in determining this application. 
Conclusion 
In light of the weight of objection on amenity and competency grounds I respectfully call
on the committee to reject the application at this stage 
Karina Alexander 
Mrs Alexander spoke on behalf of herself and her husband, who could not attend the
meeting.  She referred to the recommendation in the Officer’s report to grant this licence. 
She noted that it was stated that the Committee had no power over the title deeds and she
said that this hearing should be adjourned so that the appropriate people that did have
power could check this out. 
She advised that in the Argyll and Bute checklist reference was made to the title deeds. 
She suggested the owners of number 11 had either not read the title deeds or
misrepresented them.  She advised that this housing had previously been Council housing
for working people on Mull.  She said there was a clause in the title deeds preventing what
was happening at number 11.  She said that letting it out would mean it was no longer a
single-family dwelling, with up to 6 people staying every week.   She said that was a
material change of use and required planning permission and that this process should be
halted until that had been dealt with. 
She referred to parking on the road and said that this process should be halted until the
appropriate agency had ruled on the matter of the road.  She said that no parking existed
at Creagan Park and that there was no legal parking on the street.  She said that two
residents of Creagan Park were disabled.  She said parking was a huge issue.  She said
the residents of Creagan Park understood its special qualities and that short-term lets

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would have no consideration of this.  She said that the Council should have stated that no
short-term lets were authorised. 
She referred to maintenance of the place, which she said has been a problem for a long
time with regard to the upkeep by the current owners.  She then referred to a number of
photographs showing areas of the garden which had not been maintained, the narrow
walkway between number 10 and number 11, and the location of the burn at the back of
the property, showing that it was not secured. 
She said that this was a very tight knit community.  She pointed out from the photographs
provided in the Agenda pack, that the picture of the front door of the property and the
courtyard had been mislabelled.  She said the front door and courtyard belonged to
number 12 and not number 11.  She said it appeared that things had not been done as
thoroughly as possible. 
She noted that the owners wanted to use the holiday home for themselves and stated that
the title deeds said it should be for a single family. 
She referred to current maintenance of the property and said that if it became a holiday let
the maintenance would be even worse.  She referred to the pictures provided as part of
the inspection which showed a mown lawn.  She said she did not think the Officer went
into the back garden. 
She referred to the Applicants not living on the island and having not identified a local
person to deal with emergencies.  She said that she was concerned the turnover of guests
would cause more disrepair.  She said that granting the application would cause an undue
nuisance for residents in the surrounding properties.  She said that planning permission
had to be obtained to start a holiday let in the area.  She said that no application had been
made that they were aware of. 
She said that giving the residents a phone number would not adequately meet the needs
of the residents and that there was a need to have someone on the island to deal with
emergencies.  She said this needed to be in place before a decision was made by the
Committee.  She said that the other agencies should be involved in respect of planning,
parking and checks on whether it was legally allowed to run a holiday let, before this
application came before the Committee. 
At this point it was noted that Councillor Hardie had left the meeting during the Objectors’
presentations due to connectivity issues and that he was unable to return. 
QUESTIONS FROM APPLICANTS 
Mr David Freeborn asked if Ms Oliver had proof that the coal bunker area was hers.  Ms
Oliver advised that the coal bunker for number 11 was in her garden and that the down
pipe between the front doors of number and 11 and number 12 marked the boundary. 
She said that there appeared to have been an assumption that number 11 had free
access to number 12.  She said that Mr Freeborn’s Uncle had never respected the
boundaries and was very difficult.  She said that Mr Freeborn was making the same
argument that they had the same use of her back garden.  She said there was no
courtyard.  She said the down pipe between the 2 front doors was where the back garden
began.

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Mr David Freeborn asked Ms Oliver how people in number 11 accessed their coal if the
bunker was in her garden.  Ms Oliver replied that the title deeds stated that the properties
were not suitable for a business because a lot of mutual respect and understanding of
shared areas was required.  She said she agreed that it was not ideal but she had bought
into that provision in the title deeds and that she had accepted that it was okay for
neighbours to access their coal from her garden. 
MEMBERS’ QUESTIONS 
Councillor Green sought and received confirmation from the Council’s Solicitor, David
Walker, that an additional condition to the licence could be added that required a contact
person to be available 24/7 to deal with any issues and that they must live within 10 miles
of the property. 
Councillor Green sought and received confirmation from the Applicants that they would be
happy for this condition to be added. 
Councillor Green asked the Objectors if they would be happy with this condition to be
added.  Ms Oliver said the contact person should live within 1 mile of the property.  Mr
Chalmers advised that part of his objection was that no person had been named and that
they should have been named and subject to scrutiny before the application came to the
Committee.  He said this was new information that the Objectors had not had the ability to
address.  He advised that this application should be refused and resubmitted once the
owners found someone to manage their property.   Ms Junner pointed out that the
application stated who was managing the property and that those named would not
change.  She explained that they were proposing to have a local person available to deal
with any maintenance issues, but they would not be managing the property.   
Mr Walker confirmed that the condition would be competent on the basis that it was a local
contact person and the day-to-day management had not changed. 
Councillor Brown sought and received confirmation from Mr Walker and Councillor Green
that this condition had been applied at other hearings and that it was competent. 
Councillor Brown sought and received confirmation from Mr Walker that it was his
understanding that there were no parking restrictions on the access road in front of the
properties. 
Councillor Brown said she still found it concerning regarding the issue of the title deeds
and asked for clarification on this.  Mr Walker explained that the issue of title deeds was
out with the scope of the short-term let licensing regime and were not a material
consideration in respect of this application.  He said the Committee could be legally
challenged if they took them into account in determining this application.  Private action
could be taken regarding issues with title deeds, and the Objectors would need to seek
their own legal advice regarding the enforcement of title deed conditions.  With regard to a
mandatory planning condition, he advised that as this was not a planning control area this
was not relevant in this case.  He said that planning matters were separate and out with
the scope of the short-term let licensing regime. 
Councillor Brown referred to the contract the neighbours had that had been drawn up by
Argyll and Bute Council Solicitors and that she found this unacceptable.   She said she
was also not happy that the onus was placed on Objectors to make sure the Applicant
was acting legally.  She said she believed it should be the Applicants’ duty to make sure

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they were acting legally.  She acknowledged that this was not a matter that could be
considered by this Committee but said she just wanted to say that she was uncomfortable
with the position the Committee continually had to take on these matters. 
Councillor Philand asked Officers if there was a requirement for the property to be
disability compliant and, if so, if they were compliant.  He referred to the photographs
showing stairs on the pathway and steps into the house.  He asked if there were
appropriate widths for wheelchairs within the property.  Mr Walker advised that there was
no requirement under the short-term let legislation about having to alter a property for
disabled access.  He said there was no requirement within any legislation for alterations to
that affect to be made. 
Councillor Blair sought and received confirmation from Mr Walker that if a person had any
neighbour issues regarding title deeds, they could take civil action. 
Councillor Blair asked how neighbours had reached a consensus over the years in respect
of communal repairs.  Ms Oliver said that for the 24 years she had lived there there had
not been a lot of repairs required.  She referred to roof repairs required 17 years ago and
said that her neighbour was not keen to do anything.  She advised that she arranged for
the work to be done, and the neighbour paid his share with no argument.  She said she
got tired with the responsibility of it all.  She referred to another issue with the roof recently
and advised that she had difficulty contacting Mrs Douglas due to her shift work as a
nurse and that she had been asked to contact the brothers.  She said that it was difficult
having to deal with 3 people.  Ms Oliver confirmed that Mrs Douglas paid for her share of
the roof bill but did question it.  Ms Oliver said there was no mechanism in place. 
Councillor Blair said that he had noted that there had been discussion and dialogue in the
past and that bills had been paid. 
Councillor Blair referred to the guidance for guests that had still to be prepared, and he
asked if this would include a condition regarding pets.  Ms Junner said that information
regarding the local contact person would be included along with all rules and regulations. 
She said this would be provided to guests in advance and would also be available within
the property.  She said the pack had not been developed yet, but the owners were more
than happy to develop this alongside their neighbours. 
Councillor Blair asked if the local contact would have responsibility for maintaining the
garden.  Mrs Douglas said that they had a gardener that cut the grass and that
discussions had been held regarding the overgrown bushes.  She said that they were
coming up in October to remedy this.  She advised that they had also been in touch with a
local tree surgeon to cut the trees down to a more appropriate height and that they were
waiting to hear back from him.  She said that they were in the process of getting this work
done, including removal of the garden shed. 
Councillor Blair asked if a family consisting of a mum, dad, 3 children and a dog were to
move into the house, would this cause the Objectors equal anxiety.  Ms Oliver said the
whole point was that they would be there for the long term and they could come to an
understanding with neighbours and learn to accommodate each other. 
Councillor Howard expressed her concern about the letter from the Council.  She said that
as this was not a title deed, but an actual legal letter from the Council regarding a contract,
she could not see how the Committee could break that.  She said she did not think the
Committee could give permission for this short-term let without this problem being
researched.

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Mr Walker advised that a separate civil action would need to be taken by parties due to
the limitations of the short-term let legislation.  Ms Junner advised that this letter would
form part of the title deeds and that it was a matter for the Land Tribunal to deal with such
disputes.  She said there had been no attempts by the Applicants to circumvent the law
and that it was not appropriate for this to be discussed at this hearing which was about
whether the property should be licensed or not. 
Councillor Blair sought and received confirmation from Mr Walker that new legislation
sometimes superimposed previous legislation and could also sit alongside other pieces of
legislation.  The short-term let legislation was relatively new, and it sat alongside, but
could not go into, planning and civil matters. 
Councillor Wallace sought and received confirmation from Ms Oliver that the pathway
went beyond the boundary of the 2 properties. 
Councillor Wallace asked the Applicants if they had any plans to fence off the burn and
make it more secure.  Mrs Douglas said this was something they could potentially do but it
had not been discussed as yet.  Mr Alex Freeborn suggested that one option could be to
put the back garden out of bounds and make sure people did not access it.  He said he
could not see a need for guests to use the back garden as when they came out of the
house and turned right, they were within the property’s front garden and that there was no
need to pass by other properties.  He said that the path was jointly owned and jointly
maintained. 
Councillor Irvine sought and received confirmation from the Applicants that they would be
able to meet all the recommended conditions proposed to be attached to the licence.  Mr
Alex Freeborn confirmed that they would maintain things as best they could and that there
would be a local person to assist them with that. 
Councillor Irvine sought and received confirmation from Mrs Douglas that they had a local
cleaning company “Mops of Mull” set up to deal with the changeovers and that they would
be happy to deal with minor management work if required. 
Councillor Brown referred to disabled parking and asked if the Council had a responsibility
to make a disabled parking space available outside a person’s house, if requested.  She
asked if the Council would have a responsibility to ensure disabled paring was available
for someone with a blue badge.  Mr Walker said that he believed they could apply for an
assessment for a disabled parking space. 
Councillor Blair sought and received confirmation from Mr Walker that if a disabled parking
space was made available outside someone’s house, there would be nothing to prevent
anyone with a blue badge from parking there. 
SUMMING UP 
Objectors 
Janice Oliver 
Ms Oliver referred to new information obtained today that Mops of Mull would be looking
after the property.  She said it would have been good to have known this in advance so
that they could have found out the kind of service they would provide.   She questioned

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who would put the bins out and take them back in.  She said this property could not
possibly work as an Airbnb style property.  She said it had been already established that
this type of property was not allowed planning permission in Glasgow.  She questioned
why things could be done differently here.  She referred to the dangers of the burn.  She
referred to shared maintenance of the footpath and asked when the Applicants would do
their share. 
Karina Alexander 
Mrs Alexander referred to access to the coal bunkers and advised that the deeds required
that both neighbours should maintain access.  This gave them access to the coal bunker
but not the courtyard.  She said she appreciated that some Council Members had
expressed the same concerns they had about breaking contracts, and she advised that
gave her some hope that there was some humanity out there.   Whatever the decision
was today, she said they would have to live with it and she hoped that they had conveyed
that this was not an appropriate use of this property. 
Marilyn Laverty 
Ms Laverty referred to the Council letter saying that the property should not be run as a
business.  She advised that the letter also said that any minerals found in the garden
would remain the property of the Council.  She questioned if this was now something that
could be disregarded too. 
Gordon Chalmers 
Mr Chalmers thanked Councillors Brown and Howard for their interventions on this.  He
said he felt the Committee were being asked to come to a decision in the dark.  He
questioned how public liability insurance could have been obtained for running a business,
if it had been said that the property was not changing from residential to business status. 
He said he believed that Mr Walker had misled the Committee by saying the mandatory
planning condition did not apply in this area as he had been required to obtain planning
permission for his licence.  Regarding disabled access, he said that disability legislation
may apply and that the Committee needed assurance about this before making a
direction. 
He noted that Councillor Irvine had asked the Applicants if they were confident of fulfilling
all the conditions and questioned why the Objectors were not asked about their
confidence. 
He said that he hoped the Committee would consider the representations fully and hold
this application in abeyance or reject outright. 
Applicant 
Ms Junner advised that having heard the submissions by the Objectors, a lot of reference
had been made to the title deeds.  She advised of the short-term let licensing regime and
the scope of this being different from planning and from what the Land Tribunal did.  She
said there had been multiple case law on this and that had to be respected.  She asked
the Committee to follow the test of previous decisions regarding matters about title deeds. 
She pointed out that the Committee were not being asked to grant the licence in perpetuity
and that it would be required to be renewed and reviewed.  This would provide the

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opportunity to see how it has worked in practice.  She said she hoped that it gave some
comfort that issues flagged could be addressed through the conditions. 
She referred to issues raised about maintenance and the current use of the property.  She
advised that consideration should be given to how the property will be managed in the
future and not how it has been in the past and she hoped that general assurance had
been given that matters would be put in place to run it well.  She said it was good to hear
about these things and hopefully the Applicants could, with the neighbours, develop a
welcome pack and develop a good working relationship in terms of the use of their
property. 
She confirmed that public liability insurance was in place.  She said there was no desire to
mislead the Committee or do anything that was illegal.  She confirmed that the Applicants
had taken advice on the other points and that they were confident of their position.  She
said that in terms of the legislation, the Applicants have shown that they were fit and
proper to operate a short-term let licence and she hoped that the Committee would afford
them the ability to do so by granting the licence today. 
Mr Alex Freeborn thanked Ms Junner for summing up.  He implored the Committee to
grant the short-term let licence and confirmed that they would comply with all the
conditions and be good neighbours.  He said they were doing this to keep the property in
the family.  He said it was not about making a profit and that any money made would be
used to support the maintenance and improve the property for them and others to use. 
He said he thought that they would be good neighbours and that they would make sure to
comply with any conditions suggested today. 
When asked, all parties, with the exception of Ms Oliver, confirmed that they had received
a fair hearing and this was noted. 
DEBATE 
Councillor Brown said that unfortunately she had no option but to go with this as she could
not see any grounds to refuse and that reluctantly she would support this application. 
Councillor Green advised that looking at the information before the Committee and the
presentations made, he could not see anything that would prevent the Committee ruling
on this today.  He noted the request to continue for further information, and he advised
that there had been no information specifically identified that would be relevant to consider
that would give grounds for a continuation.  He confirmed that he was minded to support
the application. 
Councillor Blair thanked the Objectors for providing such a large batch of information
which, he said, was very beneficial.  He said that he took on board all the information and
the confirmation from the owners that they wanted to be good neighbours and continue to
work with the local neighbours to ensure this project worked.  He said he was quite
content and comforted by what the solicitor had said about this being an ongoing process
that would be reviewed.  He said that he was happy to support the recommendations. 
Councillor Philand said he took a slightly different view and felt that there were a number
of areas that he would like more information on.  He said it was interesting that Ms Junner
had said the owners would work with the neighbours and he commented that it was a pity
that had not happened up until now.  He referred to not knowing who would do the
turnover, who would be the contact person, and whether the Disability Discrimination Act

Page 13

applied in this case.  He said that he would like to seek more information about that and
that he would be minded to continue this case to get that further information. 
Councillor Irvine echoed the sentiments of some of his other colleagues.  He advised that
on the basis of what was in front of the Committee and what the remit was, he was
content to approve the application.  He commented that during the course of all short-term
let hearings the issue of title deeds had been raised on a number of occasions.  He
acknowledged that this was not for this Committee to resolve but it remained a continuing
issue which he was sure the Committee would face again and again.  He said he was
comfortable with the application and, like Councillor Blair, was encouraged that
communication with the neighbours would continue and that the Applicants would not just
stick to the conditions but look to work on other aspects of concerns raised.  He said that
he hoped that would add fuel to the goodwill fire and that he was content to approve this. 
Councillor Amanda Hampsey left the meeting during the foregoing discussions. 
Motion 
To agree the recommendations in the report subject to the inclusion of the following
additional condition: 
“The Licence Holder must provide a contact name and number that could be used to
report any issues or complaints, and which would be accessible on a 24/7 basis with the
assurance that someone living within 10 miles of the property would be able to attend at
the property or respond appropriately when required”. 
Moved by Councillor Kieron Green, seconded by Councillor Mark Irvine. 
Amendment 
To agree to continue consideration of this application in order to receive details of those
that would be involved in the changeovers, who the emergency contact would be, and
whether there was anything that needed to be complied with in terms of the Disability
Discrimination Act 2010. 
Moved by Councillor Dougie Philand, seconded by Councillor Jan Brown. 
A vote was taken by calling the role. 
Motion    Amendment 
Councillor Blair   Councillor Brown
Councillor Green   Councillor Howard
Councillor Irvine   Councillor Philand
Councillor Wallace 
The Motion was carried by 4 votes to 3 and the Committee resolved accordingly. 
DECISION 
The Committee agreed to grant a short-term let licence to Emma Douglas, David Freeborn
and Alex Freeborn subject to the inclusion of additional conditions set out in the report in

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respect of anti-social behaviour, privacy and security, littering and waste disposal, damage
to property, and wood burning stoves/open fires, and to the following further condition: 
“The Licence Holder must provide a contact name and number that could be used to
report any issues or complaints, and which would be accessible on a 24/7 basis with the
assurance that someone living within 10 miles of the property would be able to attend at
the property or respond appropriately when required”. 
The Applicants would be notified in writing of the above decision within 7 days. 
(Reference: Report by Regulatory Services and Building Standards Manager and Written
Submission by Objector, submitted)