Minute
Argyll and Bute Council · 20 August 2025
Back to Planning, Protective Services and Licensing Committee — 20 August 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 WEDNESDAY, 18 JUNE 2025 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Audrey Forrest Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Dougie Philand Councillor Peter Wallace Attending: Fergus Murray, Head of Development and Economic Growth Shona Barton, Development Manager Alan Morrison, Regulatory Services and Building Standards Manager Sandra Davies, Major Applications Team Leader Bryn Bowker, Area Team Leader Kirsty Sweeney, Area Team Leader David Moore, Senior Planning Officer Shelly Gould, Senior Planning Officer Norman Shewan, Planning Officer Helen Wallace, Local Biodiversity Project Officer Iain MacInnes, Strategic Transportation Policy Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Jan Brown, Mark Irvine and Liz McCabe. 2. DECLARATIONS OF INTEREST Councillor Dougie Philand declared a non-financial interest in planning application reference 25/00093/MFF, as he was a Commissioner on the Northern Lighthouse Board which had submitted a consultation response in respect of this application. Councillor Philand left the meeting and took no part in the determination of this application which was dealt with at item 5 of this Minute. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 16 May 2025 was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 21 May 2025 at 11.00 am was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 21 May 2025 at 2.30 pm was approved as a correct record. d) The Minute of the Planning, Protective Services and Licensing Committee held on 21 May 2025 at 3.30 pm was approved as a correct record.
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e) The Minute of the Planning, Protective Services and Licensing Committee held on 26 May 2025 10.00 am was approved as a correct record. f) The Minute of the Planning, Protective Services and Licensing Committee held on 26 May 2025 at 2.00 pm was approved as a correct record. 4. DOWNING RENEWABLE DEVELOPMENTS: INSTALLATION OF BATTERY ENERGY STORAGE SYSTEM (BESS) AND ASSOCIATED INFRASTRUCTURE: LAND WEST OF TAYNUILT SUBSTATION, TAYNUILT (REF: 24/02083/PP) The Senior Planning Officer spoke to the terms of the report. The proposal is for essential energy infrastructure which contributes to addressing the Climate emergency and the objectives of NPF4 Policy 1. The application site is situated within an area of countryside on land to the immediate west of Taynuilt substation. Officers are of the opinion that subject to the imposition of appropriate conditions that the BESS proposal is in accordance with the policies of the Development Plan and it was recommended that planning permission be granted subject to these conditions and reasons set out in the report of handling. Decision The Committee agreed to: 1. hold a pre-determination hearing on a hybrid basis; 2. hold an informal site visit with Planning Officers on the same day prior to the start of the pre-determination hearing; and 3. request the Applicant to provide further information at the hearing on the noise impact assessment carried out, details of the BESS technology, and the site decommissioning plan. (Reference: Report by Head of Development and Economic Growth dated 3 June 2025, submitted) Councillor Gordon Blair joined the meeting during consideration of the foregoing item. Councillor John Armour left the meeting during consideration of the foregoing item. Councillor Dougie Philand, having previously declared an interest in the following item, left the meeting at this point.
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5. DAWNFRESH FARMING LTD: REPLACE EXISTING 10 X 70M CIRCUMFERENCE PENS IN 2 X 5 GRID WITH 6 X 120M CIRCUMFERENCE PENS IN 1 X 6 GRID, INCLUDING INCREASING BIOMASS FROM 458.4 TONNES TO 700 TONNES AND INSTALLATION OF FEED BARGE: PORT NA MINE FISH FARM (ETIVE 3), INVERAWE, TAYNUILT (REF: 25/00093/MFF) The Senior Planning Officer spoke to the terms of the report. She advised that since publication of the report, a further 3 objections to the proposal had been received. Officers did not consider that any new issues had been raised. The site is located in Loch Etive to the east of Airds Bay on the southern side of the loch. The coastline is designated as ‘Countryside Area’. It is also designated as the North Argyll Local Landscape Area. Loch Etive is designated as a Marine Consultation Area by NatureScot. The application is for the proposed modification of an existing marine fish farm for the farming of Atlantic Salmon. The Applicant proposes to relinquish consents and licenses for the nearby Etive 2 site. While the biomass at Etive 3 would increase, this would be due to transferring biomass from the Etive 2 site. Initial screening by SEPA has shown Etive 3 can accommodate this biomass and has not identified any risk to sensitive features. Overall, there would be no increase in farmed fish biomass in Loch Etive as a result of this proposal. The proposal has attracted 36 objections with around 40% of these following the proforma supplied on the ‘Friends of Loch Etive’ website and relate to visual and landscape, pollution, amenity, tourism and nature conservation impacts. No objections have been raised by statutory consultees. As the site is already in operation and there will be no overall increase in biomass in Loch Etive due to the proposed removal of the Etive 2 fish farm site, Officers consider that this removal is a positive mitigating factor on visual and landscape, pollution, amenity, tourism and nature conservation matters. It is not considered that there would be merit in holding a pre-determination hearing. 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) 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 9.1.2025, supporting information and, the approved drawings listed in the table below unless the prior written approval of the Planning Authority is
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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 Proposed equipment co-ordinates Annex 1 23.1.2025 Existing equipment co-ordinates Annex 1 23.1.2025 Overview of Etive 3 fish farm location (1:500,000) (Dated 6.6.2024) Annex 1: Figure 1 A1 23.1.2025 Existing (installed) & Proposed site (1:10,000) (dated 19 July 2024) Annex 1: Figure 2 23.1.2025 Admiralty Chart Existing (Installed) & Proposed site (1:10,000) (dated 19 July 2024) Annex 1: Figure 3 23.1.2025 Consented & Proposed site (1:10,000) (dated 19 July 2024) Annex 1: Figure 4 23.1.2025 Admiralty Chart Consented & Proposed (1:10,000) (dated 19 July 2024) Annex 1: Figure 5 23.1.2025 Existing (installed) and proposed site surface equipment and mooring/planning boundaries.(1:5,000) (Dated 19.12.2024) Annex 1: Figure 6 23.1.2025 Admiralty Chart Extract (Existing (installed) & proposed site surface equipment, moorings, and mooring/planning boundaries)(Dated 19 Dec 2024)(1:5,000) Annex 1: Figure 7 23.1.2025 Consented & proposed site surface equipment and mooring/planning boundaries (1:5,000) (Dated 19 Dec 2024) Annex 1: Figure 8 23.1.2025 Admiralty chart extract: Consented & proposed site surface equipment and mooring/planning boundaries (1:5,000) (Dated 19 Dec 2024) Annex 1: Figure 9 23.1.2025 Proposed site surface equipment, moorings, and mooring/planning boundary (Dated 19 Dec 2024) (1:5,000) Annex 1: Figure 10 23.1.2025 Installed site configuration permission (1:1250) (Dated 6.6.24) Annex 3: Figure 1 0001 23.1.2025 Site configuration permission 16/01972/MFF (1:1250) (Dated 6.6.24) Annex 3: Figure 2 0001 23.1.2025 Surface cross section view of 6 circular plastic pens of 120m circumference in a 75m grid. Side elevation shows barge fully unladen and elevation is fully laden.(1:1,250) (Dated 6.6.2024) Annex 3: Figure 3 0001 23.1.2025 Typical Pen Design Top Net Support Option 1 (Dated 6.6.2024) Annex 3: Figure 4 0001 23.1.2025 Example of Top-Net Support Structure Annex 3: 0002 23.1.2025
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(Dated 29.1.25) Figure 5 Proposed Typical Mooring Design (Dated 6.6.2024) Annex 3: Figure 6 0001 23.1.2025 Typical Net Design (Dated 6.6.2024) Annex 3: Figure 7 0001 23.1.2025 Example of proposed low profile feed barge (1:150) Annex 3: Figure 8 23.1.2025 Example photograph of proposed barge (dated 6.6.2024) Annex 3: Figure 9 23.1.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Acoustic Deterrent Devices No Acoustic Deterrent Devices (ADDs) shall be deployed at the site hereby approved. Reason: In the interests of nature conservation. This planning application has been assessed on the basis that ADDs will not be used. The use of ADDs would be regarded as a material change to the proposal. 3. Biomass and Stocking The development hereby approved shall not be operated other than with a biomass of 700 tonnes or less and shall only stock one species of fin fish (other than cleaner fish). Reason: The environmental effects of this proposal have been assessed against this maximum biomass of one species. 4. Relinquishment of Etive 2 site There shall be no increase in the biomass of Etive 3 from the previously consented 458.4 tonnes until evidence has been submitted to the planning authority to demonstrate that the CAR license for Etive 2 has been rescinded to SEPA. All equipment at Etive 2 shall be removed within 6 months of receipt of this evidence to the satisfaction of the Planning Authority. Reason: This planning application has been determined on the basis that ‘Etive 2’ site will be relinquished. 5. Removal of Equipment Prior to the development hereby approved being brought into use, the redundant equipment relating to the previous layout shall be removed from the site. In the event that the development or any associated equipment approved by this permission ceases to be in operational use for a period exceeding three years, the equipment shall be wholly removed from the site thereafter, unless otherwise agreed in writing by the Planning Authority.
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Reason: In the interest of visual amenity and to accord with LDP2 Policy 29. 6. Environmental Management Plan (EMP) The proposal shall be operated in accordance with the Loch Etive site EMP (5.12.23) unless superseded by the SEPA National Sea Lice Framework. Reason: To ensure the proposal benefits from adequate mechanisms to accord with the current environmental management requirements as stipulated by the Scottish Government Marine Directorate. 7. Waste Management Plan The development shall be carried out in accordance with the Port Na Mine Etive 3 Waste Management Plan dated April 2024 or as updated and agreed in writing with the Planning Authority. Reason: To ensure that waste is dealt with in a sustainable manner in accordance with Development Plan policy. 8. Pole Mounted Top Net Specification The pole mounted top net system hereby approved shall be as noted below unless otherwise agreed in writing with the planning authority in consultation with NatureScot. This shall be subject to review, underpinned by systematic monitoring. The Planning Authority shall be immediately notified in the event of emergence of patterns of entanglement or entrapment of marine birds. Height (m) Perimeter Pole Support Maximum height of 5m above the water surface Mesh Size (mm) Sidewall netting from the bottom to 2m height 18 Ceiling net panel and remaining sidewall netting 100 Colour Dark grey to black Reason: To minimise the risk to all bird species and to ensure that there are no significant effects on the qualifying interests of the relevant Special Protection Areas. 9. Wildlife Recording and Reporting The proposal shall be undertaken strictly in accordance with the following criteria: a) Operators shall maintain daily records of wildlife entanglement / entrapment using a standardised proforma which shall be submitted to the planning authority and copied to NatureScot at 6 monthly intervals or other specified period to be agreed
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in writing with the planning authority in consultation with NatureScot. The first proforma shall be submitted 6 months after the development is brought into use unless otherwise agreed in writing with the planning authority in consultation with NatureScot. b) In the event of any significant entrapment or entanglement of gannets, and any other SPA interests identified as relevant to a particular fish farm (e.g involving three or more birds of any named species in any one day and / or a total of ten or more birds in the space of any seven day period and / or repeat incidents involving one or more birds on four or more consecutive days), the operators shall immediately notify both the planning authority and NatureScot. c) Adaptive management approaches should be agreed in writing with the planning authority in consultation with NatureScot in advance of these being implemented. Reason: In order to ensure that there are no significant effects on the qualifying interests of the relevant Special Protection Areas. Gannet have an extensive range and would have the potential to become entangled in nets. 10. Update on Biodiversity Enhancement Proposals Biodiversity enhancement proposals shall be implemented in accordance with the details set out in the ‘Further Supporting Information – biodiversity enhancement’ document (submitted by MOWI on 28.4.2025). Thereafter the applicant shall provide an annual update on these proposals, unless otherwise agreed in writing with the planning authority. Reason: In order to protect biodiversity, reverse biodiversity loss, deliver positive biodiversity effects and strengthen nature networks in accordance with the requirements of NPF 4 Policy 3. 11. Predator Mitigation Plan The development shall be carried out in accordance with the ‘Port Na mine Etive 3 Predator Mitigation Plan’ dated February 2024 or as updated and agreed in writing with the Planning Authority. Reason: In the interests of nature conservation. 12. Finished Surfaces The finished surfaces of all equipment above the water surface, excluding the feed barge, but inclusive of the surface floats and buoys associated with the development hereby permitted (excluding those required to comply with navigational requirements) shall be non-reflective and finished in a dark recessive colour unless otherwise agreed in advance in writing by the planning authority. Reason: In the interest of visual amenity. 13. Lighting
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All lighting above the water surface and not required for safe navigation purposes should be directed downwards by shielding and be extinguished when not required for the purpose for which it is installed on the site. Reason: In the interest of visual amenity. 14. Noise The Noise Rating Level attributable to the operational activities associated with the approved fish farm shall not exceed background noise levels by more than 3dB(A) at any noise sensitive property measured and assessed in accordance with BS4142:2014. Reason: In order to protect the amenities of the area from noise nuisance. 15. Proactive notification of fish movement operations The applicant shall provide the dates of any planned fish movements utilising large vessels in a year in advance in writing to the Planning Authority. Reason: In the interests of improving monitoring and reducing impacts on amenity. 16. Hours of operation Except where the planning authority has been notified under the provisions of condition 15 or in situations outwith the applicant’s control (e.g. tidal conditions, fish movements delayed by bad weather or fish health interventions); no operations, other than water pumping, feeding, servicing, environmental monitoring and maintenance testing of plant/equipment shall take place on site outwith the following times: 07.00 hours to 20.00 hours over 7 days. Reason: In the interests of amenity. 17. Mitigating impacts of operations (including out of hours and Well Boat operations) All site operations including: • the use of equipment integral to the production cycle (e.g. underwater lighting and aeration systems or well boats) which is required to run overnight for fish health reasons; • operations notified under the provisions of condition 15; and • any fish health interventions or delayed operations out of hours, shall adhere to the best practice measures detailed in the ‘Further Supporting Information - mitigation of amenity impacts arising from operational effects’ document (submitted by MOWI on 28.4.2025). All delayed or out of hours operations required to be undertaken outwith the provisions of condition 15 shall be recorded by the applicant. A record of these
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out of hours activities shall then be made available to the Planning Authority on request. Reason: In the interests of improving monitoring and reducing impacts on amenity. 18. Fallow Period There shall be a minimum of 28 days in each calendar year when the site will be fallow and this shall be applied synchronously with the other fish farms within Loch Etive. Reason: In the interests of nature conservation. 19. Sea Lice Policy Strategy and Efficacy Statement The development shall be carried out in accordance with the ‘Port Na mine Etive 3 Sea Lice – Policy, Strategy and Efficacy Statement’ dated October 2024 or as updated and agreed in writing with the Planning Authority. Reason: In the interests of nature conservation. 20. Escapes Contingency Plan The development shall be carried out in accordance with the ‘Port Na mine Etive 3 Escapes Contingency Plan’ dated February 2024 or as updated and agreed in writing with the Planning Authority. Reason: In order to ensure that an acceptable procedure is implemented in the event of an escape. (Reference: Report by Head of Development and Economic Growth dated 5 June 2025, submitted) Councillor Dougie Philand returned to the meeting at this point. 6. MR GARY MULVANEY: ERECTION OF GARDEN ROOM TO REAR OF PROPERTY: ETTRICK LODGE, JOHN STREET, HELENSBURGH (REF: 25/00734/PP) The Planning Officer spoke to the terms of the report. This application requires the consideration of Members as the Applicant is an elected Member of the Council. The proposal is for a garden room structure to be sited within the private residential curtilage to the rear of a detached dwellinghouse located within the Upper Helensburgh Conservation Area. It is considered that the proposed development is acceptable with regard to the Development Plan policies and does not give rise to any other material considerations that would warrant a departure from these provisions. It was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.
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Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition Standard Condition on Soil Management During Construction 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 06.05.2025, 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 1 of 6 – 0536- 004 Rev. A 07.05.2025 Existing Site Plan 2 of 6 – 0536- 003 Rev. A 07.05.2025 Proposed Site Plan 3 of 6 – 0536- 002 Rev. A 28.05.2025 Proposed Floor Plans, Elevations and Details 4 of 6 – 0536- 001 Rev. A 07.05.2025 Cladding Specification 5 of 6 - 07.05.2025 Roof Covering EPDM Specification 6 of 6 - 07.05.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP - Specify Materials Other Than Shown on Plans/Application Notwithstanding the effect of Condition 1, the development shall be completed externally using the following materials unless otherwise alternative materials/material finishes are approved in writing by the planning authority: (i) Roof fascia and soffit trim to be dark grey / anthracite coloured PPC aluminium; (ii) All rainwater goods to be dark grey or black coloured; and (iii) Windows / doors to be dark grey / anthracite coloured PPC aluminium clad. Reason: In order to ensure an appropriate quality, and integrated approach to, external material finishes to ensure that hat the proposed new structure generally respects the
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character of existing buildings nearby and preserves or enhances the character and appearance of the conservation area in accordance with relevant planning policy. (Reference: Report by Head of Development and Economic Growth dated 2 June 2025, submitted) * 7. SHORT-TERM LET LICENSING: LICENCE RENEWALS AND REVISION TO STL POLICY Consideration was given to a report recommending amendments to the Council’s Short- term Let (STL) Licensing Policy to reflect the renewal process with three-year licensing and the associated renewal fee. Decision The Committee: 1. Considered and supported the introduction of a three-year renewal period for short- term let licences, the new renewal fees, and revisions to the Council’s Short-term Let Licensing Policy; and 2. Agreed to recommend to Council, approval of these proposals as outlined at 1. above. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 28 May 2025 and Revised Short-term Let Licensing Policy (revised June 2025)) 8. BT PUBLIC TELEPHONE KIOSK REMOVAL CONSULTATION Consideration was given to a report advising of a current consultation BT was undertaking to potentially remove 74 Public Call Boxes across Argyll and Bute. Decision The Committee agreed: 1. to acknowledge this consultation; 2. to delegate power to the Executive Director with responsibility for Development and Economic Growth, in consultation with the Chair and Vice Chair of PPSL Committee, to approve the Officer’s response to BT before the consultation deadline of 12 August 2025 with decisions that are received from impacted communities to Adopt/Retain/Remove Kiosks; and 3. in the event of a Community Council not responding, that the Council should permit removal of any Kiosks within that area. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 6 June 2025, submitted) 9. UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISIONS (a) Update on Recent Kilmichael Glassary Parish Church Appeal Decision
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A report summarising a decision by Scottish Ministers following an appeal in respect of planning application reference 23/01367/PP was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 5 June 2025, submitted) (b) Update on Recent Rowan Road Appeal Decision A report summarising a decision by Scottish Ministers following an appeal in respect of planning application reference 22/01986/PPP was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 4 June 2025, submitted) (c) Update on Recent Kirkton Farm Housing (AMSC) Appeal Decision A report summarising a decision by Scottish Ministers following an appeal in respect of planning application reference 23/00144/AMSC was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 2 June 2025, submitted)