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Update on Recent Kilmichael Glassary Parish Church Appeal Decision

Argyll and Bute Council · 18 June 2025
Back to Planning, Protective Services and Licensing Committee — 18 June 2025 and its agenda

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Classification: OFFICIAL
ARGYLL AND BUTE COUNCIL  
DEVELOPMENT AND ECONOMIC GROWTH  
PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE (18.06.25)
UPDATE ON RECENT KILMICHAEL GLASSARY PARISH CHURCH APPEAL DECISION
_________________________________________________________________________ 
OUR REFERENCE:  23/01367/PP
 
DPEA REFERENCE: PPA-130-2091 
 
CASE DETAIL: Application for planning permission ref 23/01367/PP (Change of use of
former church to form dwellinghouse, formation of vehicular access
and driveway, erection of garage/carport, formation of opening in
boundary wall to provide pedestrian access and associated works)
refused by notice dated 21 August 2024 
SITE ADDRESS: Kilmichael Glassary Parish Church, Kilmichael Glassary 
APPLICANT:  Mrs Helen Tomolillo 
STATUS:   Appeal Allowed by decision dated 10 March 2025 
_________________________________________________________________________ 
1. INTRODUCTION   
1.1 This report summarises a recent decision by Scottish Ministers following the above
application being appealed.   
2. RECOMMENDATION   
2.1 It is recommended that Members note the content of this report.   
3. BACKGROUND – 23/01367/PP 
3.1 This report refers to planning application reference 23/01367/PP for the change of
use of former church to form dwellinghouse, formation of vehicular access and
driveway, erection of garage/carport, formation of opening in boundary wall to provide
pedestrian access and associated works. 
3.2 Planning permission was refused at Planning, Protective Services and Licensing
Committee on the 21st August 2024 due a number of reasons including the
unacceptable adverse impact the proposal would have on the setting of the listed
building; the incompatibility of the proposal with the graveyard with resultant harm to
the amenity of future residents and users of the graveyard; and the absence of any
archaeological evaluation works prior to the determination of the planning application
leading to significant uncertainty regarding the effect of the proposal in
archaeological terms.  The proposal was identified to be in conflict with LDP2 policies
01, 05, 08, 14, 21 and 66c) and NPF4 policies 7(o) and 14c). 
3.3 An appeal was subsequently submitted to the Planning and Environmental Appeals
Division (PEAD).

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Classification: OFFICIAL
4. REPORTER’S CONCLUSIONS 
4.1 A Reporter, appointed by Scottish Ministers, allowed the appeal and concluded that
the planning permission should be granted subject to 16 conditions.   
4.2 In summary the key points are as follows: 
• Incompatibility of the proposal with the graveyard – the Reporter accepted that the
graveyard is and will continue to be visited by the public.  The decision notes that
given the proposed amenity space, future residents would have no reason to use the
graveyard for any recreation purposes and the Council own and thus have control
over the land (a condition was also imposed to maintain public access to the
graveyard).  Albeit relatively quiet, the Reporter notes everyday activities and noise in
the vicinity are apparent when in the graveyard and considers that the movements of
residents are unlikely to cause any material disturbance or disruption to those buried
in the graveyard or to those visiting.  The decision notes that the windows would
have lead glazing, and occupiers are unlikely to be at the property all day and visitors
are unlikely to visit the graveyard at night, and that the appellant accepts members of
the public could be in close proximity to their home at any time and it should be
anticipated by any future residents. Overall, the Reporter accepts that the context of
the graveyard would alter, but it would not be so great as to indicate that the uses are
incompatible. Further on in the decision, the Reporter notes that it would be open to
the council to ensure that the occupier is made aware of any burial so they could
vacate the property should they choose to do so.  
• Setting of the listed building –  The Reporter in summary states:
“When viewing the church and entering the graveyard there would be no obvious
signs that the use had changed. Visitors would still understand the building, its
purpose, and its relationship with the graveyard. In my view there would be little
change, if any at all, to the setting or the sense of place. As for the change of use, for
the reasons set out above, I do not consider that it would significantly alter the
relationship between the church and the graveyard. Accordingly subject to a
landscaping condition, there would be no adverse impact on the setting of either the
church or the wall.”
• Archaeological matters –  A Written Scheme of Investigation was submitted at appeal
stage.  The Reporter was satisfied that the processes set out in the written scheme
of investigation would ensure that any remains are dealt with properly and
respectfully and that this was a matter that can be dealt with by a suitably worded
condition. 
4.3 Full details of the appeal documents and decision can be viewed on the PEAD
website under the reference PPA-130-2091:  Scottish Government - DPEA - Case
Details 
5. IMPLICATIONS  
Policy: None. 
Financial: None.   
Legal: None
HR: None
Fairer Scotland Duty: None

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Classification: OFFICIAL
Equalities – Protected Characteristics: None
Socio-economic Duty: None
Islands: None
Climate Change: None 
Risk: None
Customer Service: None
The Rights of the Child (UNCRC): None 
Author: Bryn Bowker    Date: 05.06.25 
Fergus Murray  
Head of Development and Economic Growth