Update on Planning Permission Non-Determination Appeal: Land to the Immediate West of Taynuilt Substation, Taynuilt
Argyll and Bute Council · 16 September 2025
Back to Planning, Protective Services and Licensing Committee — 16 September 2025 and its agenda
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Classification: OFFICIAL ARGYLL AND BUTE COUNCIL DEVELOPMENT AND ECONOMIC GROWTH PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE UPDATE ON PLANNING PERMISSION NON-DETERMINATION APPEAL: LAND TO THE IMMEDIATE WEST OF TAYNUILT SUBSTATION TAYNUILT PA35 1HP _________________________________________________________________________ OUR REFERENCE: 24/02083/PP DPEA REFERENCE: PPA-130-2094 CASE DETAIL: Installation of an Energy Storage Facility Including Battery Enclosures, Transformers, Substation, Grid Connection, Infrastructure,Earthworks, Vehicular Access, Landscaping and Associated Works. SITE ADDRESS: Land To The Immediate West Of Taynuilt Substation, Taynuilt, PA35 1HP APPLICANT: Downing Renewable Developments STATUS: Subject to Non-Determination Appeal and with DPEA for determination. _______________________________________________________________________ 1. INTRODUCTION 1.1 The planning application for the BESS was presented to Members for determination on 18th June 2025 with recommendation from Officers that it should be approved. At that meeting it was determined that Members wished to hold a hearing on the application to assist them in reaching a determination on whether to approve or refuse the planning application. 1.2 However, the applicant has now lodged an appeal on the basis of non-determination. That means that the matter has effectively been removed from Council process without Members having an opportunity to express a formal view and the site visit and hearing have now been superseded by the appeal and can now no longer proceed. While this is not a situation the Council has experienced before (as far as we and planning are aware) this is something that other planning authorities have experienced and is a step that is open to the applicant in this case. 1.3 Members are requested to note that, notwithstanding that the Council has been unable to come to a formal view on this application, the role of the Reporter in determining the appeal, would not have been to look at whether any decision from the Council was right or wrong, but rather to look at the application De Novo, that is to say look at it from afresh on the basis of the material planning considerations that apply. .
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Classification: OFFICIAL 1.4 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. Normally, appeals are dealt with by written exchanges, however the Planning Authority can request that the appeal is determined by way of an Informal Hearing chaired by the Reporter. Although the Council has not been able to take a formal view of the application, it is recommended that, in providing the response to the appeal, the Council set out the factual position it 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 that given the nature of the application, comment and objection, that is a course that the Reporter should follow in this case. In light of the views expressed by Members at the June PPSL meeting, it is the view of officers that an informal pre-determination hearing as part of the appeal process would now be the correct approach. This would seek to ensure that there is not a “democratic deficit” caused by the non-determination appeal, which has removed both the communities right to be heard, but also the opportunity for members to seek further clarification on the merits of the application before reaching a decision as had been their intention. 1.5 Members did not to come to a view on the application as PPSL had previously determined that an informed decision could not be made without a hearing. To seek to come to a view on the application now would be contrary to that previously stated position and indeed could undermine the position that a hearing would be beneficial to the Reporter in considering matters. However, Members are able to consider whether they wish to provide further clarification on why they consider a hearing should be held by the reporter before the appeal is determined. That would provide an opportunity for Members to expand on the views set out in the previous committee minutes when the application was deferred for a hearing, should they so wish. 1.5 For the avoidance of doubt, the decision to hold a hearing or not lies solely with the Reporter and is not a matter for any other party. 2. RECOMMENDATION 2.1 Members are asked to a) Note the submission of the Non-Determination Appeal b) Consider and advise Officers whether they wish the response to the appeal to: I. 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 recommend by submissions that this is a course that the Reporter should follow in this case and; II. Inform Officers whether Members wish to provide further clarification on why they considered a hearing should be held to those minuted at the original PPSL meeting in June, and instruct officers to submit any additional comments as part of the Planning Authority submissions to the Reporter. The Appeal documentation can be found on the DPEA website at the link below Scottish Government - DPEA - Case Details
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Classification: OFFICIAL 3.0 IMPLICATIONS 4.1 Policy - None 4.2 Financial - None 4.3 Legal - None 4.4 HR – None 4.5 Customer Service – None 4.6 Risk – None 4.7 Climate Change - None 4.8 Fairer Scotland Duty - None 4.9 Equalities - protected characteristics - None 4.10 Consumer Duty - None 4.11 Island Communities - None 4.12 Children’s Rights and Wellbeing Author: David Moore Date: 5th September 2025 Fergus Murray Head of Development and Economic Growth