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Update on Recent Scottish Government Planning Appeal Decisions

Argyll and Bute Council · 20 August 2025
Back to Planning, Protective Services and Licensing Committee — 20 August 2025 and its agenda

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Argyll and Bute Council 
Development and Economic Growth 
PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE – 20th August 2025
_________________________________________________________________________ 
UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISIONS 
Appeal HHA-130-14 - 36, High Road, Port Bannatyne, Isle of Bute, PA20 0PP relating to
High Hedge Application Reference 24/01562/HH 
Appeal ENA-30-2052 - Flat 2, 3 Shore Road, Port Bannatyne, Isle of Bute, PA20 0LQ
relating to Enforcement Notice served in relation to a garden fence
_________________________________________________________________________ 
(A) INTRODUCTION 
This report summarises a recent decision by Scottish Ministers following the above
application being appealed. 
(B) RECOMMENDATION 
It is recommended that Members note the content of this report. 
(C) SUMMARY AND BACKGROUND – 24/01562/HH 
This appeal refers to high hedge application reference 24/01562/HH for the reduction of
height of a boundary hedge to the side of 36 High Road, bordering the property at 34
High Road, Port Bannatyne. 
The High Hedge Notice was served by the planning authority requiring the whole hedge
to be reduced to a height of 3 metres and maintained at that height as a preventative
active.  The hedge comprises of a row of Leylandii trees alongside the south east
boundary wall of 36 High Road to a point beside the house where the variety of species
changed. Since the high hedge application was made, most of the Leylandii has been
cut to a consistent height of 3m and some branches of the Dawn Redwood facing 34
High Road have been cut but the Dawn Redwood the Red Escallonia, Leylandii trees,
Yew trees remain above the required 3m height. The appeal was made on the grounds
that the Dawn Redwood in particular should be removed from the High Hedge Notice. 
An appeal was subsequently submitted to the Planning and Environmental Appeals
Division (PEAD), with the Reporter undertaking an accompanied site visit on the 17th
June 2025.   
SCOTTISH MINISTERS’ DECISION – 24/01562/HH 
Scottish Ministers dismissed the appeal and concluded that the High Hedge Notice takes
effect on the date of their decision (8th July 2025). 
In summary the key points are as follows: 
• In relation to the part of the hedge that was not cut back, the Reporter states it
“would likely block direct sunlight in particular over the primary access to 34 High
Road and its garden, and would be likely to somewhat reduce ambient light levels
for the facing habitable rooms (including for 32 and 34 High Road).” And then

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states “consider that the portion of hedge not yet reduced in height would be
likely to have an adverse effect on the reasonable enjoyment of 34 High Road,
and the facing habitable rooms of 32 High Road.” 
• The Reporter examined the impact on the conservation area and concluded that
“I observed more distant views of the Dawn Redwood from the road parallel to
the gardens to the south east. I consider the backdrop of the buildings at 34 and
36 High Road, and the heavily wooded area to the west of the appeal site are
significant features in the area. It is difficult to discern at distance which canopy
is the Dawn Redwood, and which is the fir tree that does not form part of the
hedge. Given these factors, I consider removal of the Dawn Redwood would be
unlikely to have a significant effect on the character of the conservation area.” 
• The conclusion is that “the hedge includes the Dawn Redwood and Red
Escallonia and is a high hedge adversely affecting the reasonable enjoyment of
34 High Road. As a result, I find that not all of the initial action has yet been
completed and therefore I conclude that the high hedge notice should be
confirmed without variation.” 
Full details of the appeal documents and decision can be viewed on the PEAD website
under the reference PPA-130-14: 
Scottish Government - DPEA - Case Details  
(D) SUMMARY AND BACKGROUND – Enforcement Notice 23/00012/ENFHSH 
This appeal relates to an Enforcement Notice that was served on Flat 2, 3 Shore Road,
Port Bannatyne, Isle of Bute, PA20 0LQ to require the reduction of a fence which was
unauthorised and is located within a Conservation Area and in the grounds of a listed
building. 
The fence subject to this Enforcement Notice is in the rear garden of 3 Shore Road, a
flatted property but the fence is within 20m of a road – High Road, Port Bannatyne which
runs behind the property and is in excess of 1m and it is also within the curtilage of a
Listed Building (3 Shore Road C-Listed) and therefore does not benefit from permitted
development rights under this Class. The fence was erected without the benefit of
planning permission and is in breach of planning control. Planning permission was
retrospectively applied for (reference 24/00925/PP) and refused and then an appeal
made to the Local Review Body (reference 25/0001/LRB) where the planning decision
was upheld. 
Following the refusal, an Enforcement Notice was issued on 6th March 2025 requiring
the reduction of the fence to 1m in height. 
SCOTTISH MINISTERS DECISION – ENA-30-2052 
Scottish Ministers dismissed the appeal and concluded that the Enforcement Notice is
varied to allow so it takes effect 3 months from the date of the decision. 
In summary the key points are as follows: 
• The reporter did not dispute that the fence was unauthorised and did not have
the benefit of planning permission or permitted development.

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• The reporter did not dispute that the fence had been in situ for less than 4 years
so was not lawful.
• In terms of harm to the amenity, the reporter stated that “although the land to the
rear of the listed building is divided by a substantial hedge adjoining the parking
area, it otherwise retains an open character with garden strips for individual
properties. I observed one garden strip to be enclosed by a low fence that would
not restrict views in.” And goes on to say they “observed the fence subject to this
appeal to be solid, partially blocking views of a listed church to the north west.
The solid style, height and extent of the fence mean it is imposing and dominant
in the land to the rear of the listed building, creating a stronger sense of enclosure
to the west side of that land. This would be detrimental to the otherwise open
character of that land and therefore detrimental to the setting of the listed church
and listed property related to that land. The visual dominance of the fence and
greater enclosure would be detrimental to the open amenity of the adjacent
garden strip.”
• In turn the reporter found the required action would not exceed what is necessary
to remedy the breach and as a result it is not excessive.  The report also found
that the appellant’s personal circumstances are not sufficient justification to set
aside the breach or injury to amenity. 
Full details of the appeal documents and decision can be viewed on the PEAD website
under the reference ENA-30-2052: 
Scottish Government - DPEA - Case Details 
(E) IMPLICATIONS 
Policy: None 
Financial: None
Personnel: None 
Equal Opportunities: None 
Authors and Contact Officer: Kirsty Sweeney 
Fergus Murray 
Head of Development and Economic Growth