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Argyll and Bute Council · 9 April 2025
Back to Planning, Protective Services and Licensing Committee — 9 April 2025 and its agenda

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held ON A HYBRID BASIS IN THE MARRIAGE SUITE, HELENSBURGH AND
LOMOND CIVIC CENTRE, 38 EAST CLYDE STREET, HELENSBURGH AND BY MICROSOFT
TEAMS on WEDNESDAY, 9 APRIL 2025 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Amanda Hampsey
Councillor Daniel Hampsey 
Councillor Graham Hardie
Councillor Fiona Howard
Councillor Andrew Kain
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Iain Jackson, Governance, Risk and Safety Manager
Kirsty Sweeney, Area Team Leader – Planning
Emma Jane, Planning Officer
Michael Hyde, Applicant’s Agent
Claire Balneaves, Applicant’s Employee
Raymond Kane, Traffic Development Officer – Consultee
Helen McCallin, Local Biodiversity Officer – Consultee
George Freeman, Chair of Garelochhead Residents Association - Supporter 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Audrey Forrest, Mark Irvine, Paul
Kennedy and Dougie Philand. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. LORNE THOMSON: CHANGE OF USE OF LAND TO VEHICLE
PARKING/STORAGE, INCLUDING LAYING OF HARDCORE, ERECTION
OF BOUNDARY WALL AND FORMATION OF ACCESS (PART-
RETROSPECTIVE): LAND WEST OF BT TELEPHONE EXCHANGE,
GARELOCHHEAD (REF: 24/01249/PP) 
The Chair welcomed everyone to the meeting, which was held on a hybrid basis.  For the
purposes of the sederunt Shona Barton, Clerk to the Committee today, read out the
names of the Members of the Committee and asked them to confirm their attendance. 
In advance of the meeting today, interested parties confirmed they would make
presentations to the Committee.  Mrs Barton read out the names of those representatives
and asked them to confirm their attendance. 
The Chair explained the hearing procedure that would be followed and invited the
Planning Officer to present the case. 
PLANNING

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On behalf of the Head of Development and Economic Growth, Kirsty Sweeney, Area
Team Leader, gave the following presentation with the aid of power point slides. 
This presentation relates to application – reference 24/01249/PP - for the change of use of
land to vehicle parking/storage including laying of hardcore, erection of boundary wall and
formation of access (part retrospective) at land west of BT telephone exchange,
Garelochhead. 
Before I go into the main presentation, I would like to draw Members’ attention to
supplementary report 2 which has been submitted to Members on Tuesday for
consideration. In summary this report covers further points made by the Garelochhead
Residents Association since the Committee last met and a further consultation response
from the Roads Authority in relation to parking. 
In terms of the points raised by the Garlochhead Residents Association, these are in
relation to biodiversity. It should be noted that the loss of biodiversity and trees is not the
reason for recommending refusal. There are no relevant planning matters raised in the
comments that affect the recommendation made by officers. 
In terms of the Roads comments, I would like to highlight that the parking solutions as set
out by the roads officers are not deliverable as part of the application. The parking issues
in the village come from a multiple of sources and not just the garage business owned by
the applicant. 
This is a key point, as any departure from Local Development Plan policies must be due to
demonstratable public benefit. The Applicant’s supporting information is not considered
sufficient to warrant this departure. The recommendation continues to be a
recommendation for refusal owing to this significant departure from the Local
Development Plan. 
The application is before Committee as the Officer recommendation is contrary to the
body of public support for the application. 
My presentation will now cover an overview of the proposal, the open space protection
area designation, the history of the unauthorised works, the amenity value of the site
before the unauthorised works took place, the landscaping proposals put forward by the
applicant, the key policy issues and finally the alleged public benefit relating to alleviating
parking issues in the village. 
SLIDE 3 - LOCATION PLAN OPEN SPACE PROTECTION AREA 
This is a part-retrospective application which seeks planning permission for a change of
use of land from a greenfield site located within the OSPA to a vehicle storage yard. 
An OSPA is an Open Space Protection Area as designed by the Local Development Plan
and is shown on the slide in the right-hand image outlined in blue. Locally this is known as
Bendarroch Public Park and is a total of 8.19 hectares. 
The development site is within the Open Space Protection area and amounts to 0.2
hectares – this is 2.44% of the open space protection area. Members should also be
aware that the applicant has another proposal for a residential development on the
opposite side of the burn which amounts to 0.5 hectares of the OSPA which totals to 0.7
hectares 8.5% of the open space protection area. The OSPA can be considered in two

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parts with the southern part of the site – south of the B833 and area to the north of the
B833. The area to the south has a distinct characteristic with recreational value on the far
side of the burn and the views across the loch, the application site is a buffer to this main
recreational area and forms a valuable amenity space in terms of setting for the village. 
This southern part of the OSPA totals 2.2 hectares and 0.7 hectares – the two proposed
development area - is 31% of this southern part of the OSPA. When considering this
cumulative impact, it is not considered to be minor part of the site, and the proposal
serves to erode and fragment this OSPA.   
SLIDE 4 – LDP2 – APPLICANT’S OBJECTION TO OSPA 
As way of background the area, when the Council undertook the most recent round of
consultation on the local development plan in 2019, the applicant objected to the open
space designation and asked for the designation to be removed on the application site to
accommodate a community building – Men’s shed - and for residential development on
the far side of the river. The Applicant submitted a statement indicating that the remainder
of the open space protection area within the control of the applicant would be enhanced. 
The Council made the argument that the open space had a longstanding recognition in
local plans going back to the Dumbarton District Wide Plan 1999 and that the site should
remain as open space. 
The Reporter from the Scottish Government examined the objection and did site
inspection and stated in their conclusions: 
“Any development would fall to be considered under Policy 81 of the proposed plan. This
would include appropriate consideration being given to mitigation through the provision or
improvement of recreational facilities or greenspace elsewhere.” 
It was concluded that there is insufficient evidence to justify the removal of or part of the
open space protection area. 
The Local Review Body have met and considered the application for the residential
development and are in the process of seeking community benefit via enhancement of the
remaining open space via a Section 75 agreement. The planning officers are not in
support of the residential development due to the adverse impact on the open space
protection area. 
In this application there has been very limited supporting evidence to support a departure
from policy and there is no mechanism to address the parking issues – so there is no
public benefit from this proposal which aligns with the Reporter’s assessment. 
SLIDE 5 START OF COMPLAINTS 2020 
Members are aware that the works are unauthorised and subject to a live enforcement
case. 
The works were notified to the Council in 2020, and an enforcement case was opened in
relation to the unauthorised development. The complaint raised concerns about the effect
on the scenic value of the area.

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The first set of images were taken in June 2020 when the tree removal was undertaken –
Members should be aware that the tree removal did not require any consent and was not
part of the investigation. 
SLIDE 6 – START OF COMPLAINTS 2020 
The main concern initially was the pile of hardcore piled on the site but at this point the
works did not amount to a change of use of land. 
The Applicant claims these works were to clear the site of Japanese Knotweed, but
Members should note that the treatment for Knotweed involves injection of the plants and
would not have required the removal of trees. So, it is considered that the site had been
cleared with the intent to develop it and the hardcore arrived on site immediately after the
tree clearance. 
SLIDE 7 HARDCORE – DEC 2020 
It was later in March 2021 that complaints continued, when it was considered to be
unauthorised works that were in breach of planning control. These photos show the
hardcore laid by December 2020. 
SLIDE 8 – CONTAINERS MARCH 2021 
The site then had containers placed on it and these resulted in further complaints. At this
time the owner was asked to remove the containers and the containers were removed. 
SLIDE 9 - PORTACABINS SEPT 2021 
However, by later in 2021 the containers were replaced with portacabins and portable
toilets and vehicles. 
SLIDE 10 – CAR STORAGE 
Over time this changed to be mainly a car storage area, and this is when it was decided
that enforcement action should be taken given the applicant was not actively resolving the
breach and an application was not being encouraged given this type of use would not be
supported by Local Development Plan policies. 
It is hoped that these series of images have served to illustrate the point that the applicant
has had disregard for the planning process and any concerns about the impact of their
action on the local area. 
SLIDE 11 - GREENFIELD SITE 
This section of the presentation now moves on to the adverse effects on the amenity of
the area and I will go through before and after images to illustrate this point. 
This first set of images are ariel images showing the site before and after the works. 
It illustrates how the site is within the central area of open space and next to the McAulay
Burn. It is part of the green network and is a greenfield site. 
SLIDE 12 – AMENITY VALUE FROM MAIN AREA OF OPEN SPACE

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Before the site was developed it was not frequently used by the public as there was no
path network going through the site, but it offered amenity value at an important road
junction as arriving/leaving Garelochhead on a main tourist route – Clyde Sea Circular
Trail which is a circular route around the Rosneath Peninsula. 
This slide shows the site from the junction coming from the village, where the greenery
enhanced this corner. 
SLIDE 13 – AMENITY VALUE FROM THE ROAD 
This is another before and after image. This is of the site in 2011 and then in 2022 from
Google Streetview. It illustrates the value the site would have had in terms of being
greenspace. It would have been a tranquil area to enjoy in comparison to the stark
appearance of the site shown on the bottom image. 
SLIDE 14 – AMENITY VALUE FROM MAIN AREA OF OPEN SPACE 
This slide shows the site travelling from the other direction as you are travelling from the
peninsula. 
SLIDE 15 – AMENITY VALUE FROM WITHIN THE OPEN SPACE 
These slides show the site from across the burn. This is the area of Open Space which is
used frequently by the public with a network of paths running across the site. There is now
a clear view from the path networks across to the road rather than looking on to a green
area. In addition, the noise levels are likely to have increased as there is no buffer zone
between the local paths and the road. 
SLIDE 16 – PROPOSED LANDSCAPING 
Whilst the landscaping proposals are welcomed and address some of the issues relation
to wildlife connectivity by replacing some native woodland, the presence of greenery on
this site was of important visual amenity value to the local area. The proposed change of
use remains in significant conflict with the Local Development Plan. 
SLIDE 17 – OPEN SPACE PROTECTION AREA POLICY 
This part of the presentation now moves on to the key policies. 
One of the key policies that the proposal is contrary to is LPD2 Policy 81 which states that
development will not be permitted unless it meets one of the exceptions listed in the
policy. 
The proposal does not fit any of these exceptions. 
• a) It is not an ancillary use to the principal use of the site – this type of use might be
a play park, or a new path or picnic benches, or a public car park for users of the
open space. It is none of those types of developments. 
• a) The next part of a) allows for a very minor part of the site to be development and
it would not affect the integrity of the site and its continued use or amenity value –
as the previous slides illustrated it is not considered to be ‘very’ minor, and it also
affects the integrity of the site and its amenity value.

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• The intent of this part of the policy it to allow very small-scale development such as
essential infrastructure. This is not that type of development, it is an erosion and
fragmentation of an open space without any justification.
• Parts b, c and d of the policy are not relevant as these relate to loss of outdoor
sports facilities, recreational facilities or sites for growing food.
• In terms of part e) It has not been demonstrated that there is no loss of amenity
value, and that alternative provision can be made available elsewhere. 
The proposal as explained in the presentation and report, actively devalues the amenity
value of the greenspace and wider Open Space Protection Area contrary to the Policy. 
SLIDE 18 – ECONOMIC DEVELOPMENT POLICIES 
Under LDP2 Policy 22 (b) (Economic Development) development proposals outwith the
preferred areas for business and industry are required to demonstrate that there are no
suitable sites within the preferred areas. 
In cases where the need had been demonstrated the development is also required to
reflect the character of an area; avoid greenfield sites where brownfield sites is available
in close proximity; and will not erode residential amenity of the area. 
Similarly, NPF4 Policy 26 (Business and Industry) requires Applicants to demonstrate that
there are no suitable alternatives allocated in the LDP; and that the nature and scale of
the activity will be compatible with the surrounding area. 
Other than the land being in the Applicant’s ownership there is no explanation or
justification as to why the greenfield development of this site is required for their business
and why there are no available alternative brownfield sites available. 
In addition, the applicant does not adequately explain how the existing garage site within
the village centre is insufficient to support the Applicant’s business operations, or how the
additional storage space in this location would support the business.  
The policy clearly states the developer must demonstrate there are no suitable sites and
show an operational need for the development. There is no such evidence or statement
made by the applicant. 
In turn, this application fails to demonstrate the requirements of NPF4 Policy 26 (Business
and Industry) and LDP2 Policy 22 (Economic Development), contrary to the Local
Development Plan. 
The proposal does not give rise to wider economic benefit, and it has not been adequately
demonstrated that this development accords with LDP2 Policy 22 (Economic
Development). There is limited information submitted to meet the terms of the Policies and
to justify a departure from the Development Plan in respect to the development of the
greenfield and OSPA site for the purpose of business operations unconnected with the
site.     
SLIDE 19 – NPF4 POLICY 9 AND POLICIES 01 AND 04 OF LDP2 
The Members are also reminded of the greenfield protection policies where support must
be given explicitly by other policies in the LDP for greenfield land to be released. As

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explained, there is no such support from LDP Policy 22 or 81 so it is also contrary to these
policies. 
SLIDE 20 – APPLICANT’S AUTOPOINT GARAGE SITE 
Finally, I move on to the points raised by the supporters in terms of the expected public
benefit. 
The Applicant has submitted a short statement in relation to the operation of their garage.
Their garage is located within the centre of the village and is a long-established garage
site. 
In the supporting statement, the Applicant has highlighted that the proposal would support
the ongoing business operations. 
They said that prior to the use of the site as a parking/storage area for vehicles these
vehicles where often parked on either at the neighbouring Gibson Hall car park or local
roads near the garage. This creates highway safety problems and furthermore would
annoy the residents. 
The Applicant claims that using the application site for the parking/storage of vehicles has
alleviated all these problems.  We contest this is the case and following slides will attempt
to demonstrate this point. 
The Applicant sells both second hand cars and undertakes servicing and MOT tests. At
any one time he says he can have between 10 and 15 cars for sale and be undertaking
services for 10-15 services/MOTs a day. 
The Applicant claims there is very little onsite parking, but Members have witnessed on
the site visit and via the photographs that there is car storage space at the rear of the site
and, it is considered that through improved management of this area then this could be
increased and be sufficient to run the business without negative impacts on the residents. 
SLIDE 21 – DISTANCE FROM GARAGE 
This image is to illustrate the distance of the garage from the application site. 
The Applicant states the site will be able to store cars for sale and also to park customer’s
vehicles awaiting collection after being serviced. Customers therefore are being expected
to walk 4-5mins to this site. 
This is a big ask for customers to walk this distance and there is not anything to prevent
the Applicant from continuing his current practice of using the public streets to park cars
awaiting collection, close to the garage. 
A number of letters of support have been submitted from local residents encouraged by
the proposed improvement of the condition of the site and the opportunity to alleviate
parking problems in the village. However, the proposed greenfield development is to
create a private vehicle storage yard for the use by the Applicant in association with their
garage business located in the centre of the village. There is no public access or parking
proposed for visitors to the open space. 
SLIDE 22 – PARKING ON OLD SCHOOL ROAD

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These images are taken from the officer’s site visit of old school road, and there are
Google Streetview images from 2011 and 2021. 
SLIDE 23 – PARKING ON STATION ROAD 
These images are from Google Streetview images from 2009, 2011 and 2021. 
The parking issues associated with the Applicant’s business operations have persisted
around the garage despite the application site being used for car storage (without
permission). 
SLIDE 24 – REAR OF THE SITE 
These images show the rear of the garage site and the storage available for cars within
the applicant’s site. 
SLIDE 25 - CLOSING SLIDE 
In conclusion this application presents no discernible wider public benefit to justify the
departure from the Local Development Plan. 
The site is a prominent greenfield site and the proposed use would devalue the amenity
open space, and be detrimental to the character of the area, along a tourist route where
no justification has been made by the applicant to demonstrate there is no other site
suitable for this use and has been the result of unauthorised works where no thought or
planning had gone into the proposal. 
It is therefore recommended that this application is refused planning permission. 
APPLICANT 
On behalf of the Applicant, his Agent, Michael Hyde, gave the following presentation. 
Michael Hyde 
Good morning and thank you for providing this opportunity for me to speak on behalf of
the applicant. 
As you know well, decisions taken in respect of planning applications are to be in the
public interest and in accordance with the provisions of the Development Plan … unless
material considerations indicate otherwise.   
Material planning considerations are those that are directly relevant to the proposed
development and its potential impact on the surrounding area and community. 
In the current case there are considered to be two very relevant material planning
considerations. 
The first of these is the resolution of a known highway issue. 
In 2019 the Community Planning Partnership (CPP) used a Place Standard tool to engage
with residents in Argyll and Bute about how they feel about the places that they live and
work.  42 of the responses received from residents of Garelochhead mentioned traffic and

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parking as a concern and this was therefore highlighted as a priority area for
improvement. 
Some of the vehicles parked on the roads, or in the Gibson Hall car park, would be those
associated with the applicant’s business, either vehicles for sale or vehicles belonging to
customers.  Approving the current application would directly address this issue.   
The Roads Officer submitted just yesterday a response to the application.  He
acknowledges that there is a significant parking issue in the village and that a contributing
factor is that there are businesses with limited or no parking for staff or customers.  He
then however says, for reasons that are not fully understood, that the application proposal
will not reduce on-street parking?  It clearly will on the basis that it will provide 30
dedicated parking spaces for the applicant’s staff and customers, and also for vehicles
awaiting sale/collection. 
The second material consideration is the strength of public support for the application. 
There have been 49 individual letters of support submitted, and just a single objection
from a neighbour who does not appear to understand the basis of the application (it
references the provision of parking for The Perch, a local café/restaurant). 
The letters of support, including from the Garelochhead Residents Association, all state
that granting planning permission will help reduce on-street parking, and mention the
amenity benefits of securing tree planting and the building of a stone boundary wall. 
The application is also fully supported by two of the three Local Ward Members,
Councillors Mark Irvine and Maurice Steuart-Corry. 
Once material planning considerations have been identified the weight to be attached to
them is then solely a matter of judgement for the decision-makers, in this case the
Councillors who make up this PPSL. 
It has been fully acknowledged from the outset that the application proposal does not
comply in every respect with the provisions of the Development Plan, in particular Policy 9
of NPF4 and Policy 81 of LDP2. 
Policy 81 however states that development proposals resulting in the loss of part of an
OSPA will be permitted if they only involve a very minor part of the site and would not
affect its integrity and continued existing use or amenity value. 
The application site was never able to be accessed by the public, it is bounded on two
sides by a burn and on the other two sides by the public highway.  It was covered by self-
seeded trees and had been colonised by Japanese knotweed (all of which has now been
removed).  It also represents less than 2.5% of the total area of the OSPA so is a very
minor part of the overall designation. 
Any conflicts with policy are not considered to be significant.  If a majority of Councillors
are therefore inclined to give more weight to the material considerations than the slight
conflict with the provisions of the Development Plan planning permission should be able to
be granted as a ‘minor departure’ from policy.  This would be entirely acceptable and
would not be a decision that would be able to be challenged. 
A grant of planning permission would clearly be in the public interest given the significant
local support for the application proposal, from local residents, the Residents Association

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and Local Ward Members.  There would also be significant benefits to the village, through
the removal of the Applicant’s vehicles from the public highway, and the land will be able
to be appropriately landscaped through the imposition of planning conditions relating to
tree planting and the building of a roadside boundary wall. 
Thank you. 
Claire Balneaves 
With the aid of power point slides, the Applicant’s employee, Claire Balneaves, gave the
following presentation: 
Background 
Good morning Ladies and Gentlemen, 
My name is Claire, I work for the Applicant and I am not used to public speaking so please
bear with me. 
Here is a little background from our point of view being the applicants. 
We bought this ground in early 2019, back then it was an AREA FOR ACTION, it had
been identified by the council as land designated to address specific needs and
opportunities, focusing on growth, sustainability or community development. It had been
neglected and a lot of local residents had concerns for the vandalism that was occurring
and also the infestation of knotweed which extended to an acre of the ground with some
sections 3m high. 
I don’t have a photo of the land from back then, but this one shows what the land was like. 
The community council had discussed this piece of land, he vandalism and the fly tipping
on many occasions over the years. 
We tried to contact the planning department over the following year to ask advice on
treatment and advise of our plan to remove the knotweed which covered nearly half of the
land. Over the year none of our phone calls or emails were answered. 
With no contact from the planners, we contacted the Scottish forestry department who
advised us if we wanted to remove the trees there was nothing preventing this as long as
we were under the limits set per quarter. 
The trees were self-seeded and in very poor condition. Unfortunately, all the knotweed
rhizomes had grown around the roots of the trees meaning we had to remove most of
them to kill the knotweed. 
We have kept all the roots of the trees and the rhizomes on a separate section of the
ground and have an ongoing treatment to make sure these never grow back. 
This slide shows some of the impact of Japanese Knotweed. 
We weren’t trying to damage this piece of ground, we were trying to help, we just wish
the planning department had responded at this time so we could have shown them what
needed improvement.

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Eventually the planning department did reply to our correspondence, we then had a
discussion back and forth to see if there was anything we could use the ground for. On 2
occasions we had replies from Emma stating that she has discussed with Peter and
Howard and the land maybe suitable for a house plot as this was more suitable in terms
of the local development plan. We were encouraged to remove our application on the
other side of the burn and submit one on this side even giving us a free go to resubmit
for a house plot. 
Emails Attached 
This was still an Area for action with no mention from the planning dept about removal of
the trees and suggesting we could submit a planning application is giving mixed
messages. 
A bit about our business 
We have been trading in Garelochhead for 20 years employing a number of local people
and supporting all local residents and businesses. We employ staff of 20 people and many
more subcontractors in several forms. 
Our business is made up from all general car repairs, MOTs, servicing and car sales. We
also run the local petrol station, where we try our best to keep prices lower than the
surrounding towns. With the current climate surrounding garage repairs and a few local
garages closing it is becoming uneconomic to run the garage without car sales,
unfortunately this causes us a problem with space. 
When we keep our own sales cars in the boundary of the garage it then means all our day
to day passing trade then ends up on the streets around the garage, as we don’t have the
room. This was an ongoing problem for years with neighbours complaining about
customers parking all over the village. 
We have taken a few pictures of cars under the garage control that are parked around the
village. The is just a snapshot of one day, where we need to park now since we have been
asked to stop using the ground. This just exacerbates the parking issues in the village and
adds to the dangerous roads situation. 
So, when the trees were removed from the ground rather than this being an intentional act
to use this for parking it was more an evolution of the business, which we found sorted all
the complaints over night. 
The comments recently from the planning department and biodiversity officer seem to
suggest this was a nice woodland previously. Unfortunately, I think they are new to the
area and never visited it before. This ground was scrubland that was infested with
knotweed that no one could use and was also dumping ground for old household
appliances, which the residents committee will confirm. 
Moving forward, our plan if allowed, which we have trialled already, is using the ground as
a collection and drop of area for the customers of the garage which worked really well, we
generally have 20-40 cars passing through the garage on any one day so customers we’re
leaving the car on the plot, we would pick it up from there repair it, then drop it back off. 
This saved the need to use any public spaces in the village.

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Due to the expansion of the Naval base, we are finding an influx of customers, which is
good for the business and local area but also makes the local roads busier, hence why we
need more parking in the village.  
If this application is refused, we will be left no option but to concentrate our business on
car sales instead of servicing the local community as there is nowhere else in the village
or surrounding area to operate from, without impacting on the residential parking.  Without
this parking area we are going to be forced to close to the public which will be a major
blow to the village in all respects. 
The new planting we are proposing would increase the biodiversity of what was a
previously degraded site and deliver a biodiversity net gain for the area as well as making
the ground more ascetically pleasing when entering the village from that side. 
Points to consider 
Rather than being deliberate act to remove the trees, it was to control an invasive species,
which no one in the planning department has mentioned. 
The area was an AFA, NOT AN OSPA until recently which was changed for an unknown
reason and without consultation of the owner. This surely raises the question how can a
piece of land owned by a private individual be reclassified without consultation? 
The previous team leader had considered a single house development a reasonable
suggestion. 
Most of the local residents and users of the facilities within the village all seem to support
the application, along with 3 local councillors. 
The new planting will be much better than what was there before. A massive biodiversity
net gain. 
This will really help the local parking problems around the village and reduce the dangers
of all the on-street parking. 
This also allows a family run business the chance to evolve in a very challenging
environment. 
And lastly although we have the best intentions, when the planning department talk of
enforcement action does that mean they would like me to stop the ongoing treatment of
knotweed and let it grow back? Regarding replanting, nothing can be planted for the next
few years while the treatment is still ongoing and any plan for this has to be discussed
rather than the planning department’s heavy handed approach. 
If an enforcement notice is issued, we shall take legal representation to defend the point
that the trees were removed years before this was an OSPA and no laws or permissions
were broken by their removal, 
Surely common sense has to prevail in such that this was NOT an OSPA until recently. It
will have such a detrimental effect to the business and local people if not allowed. Nobody
used this parcel of ground before hand and it has no benefit to the community to be left as
it is.

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SUPPORTERS 
George Freeman, Garelochhead Residents Association 
George Freeman gave the following presentation: 
1. I am George Freeman, Chairperson of Garelochhead Residents Association.  As there
is currently no constituted Community Council operating within the village, our
Association is the only constituted community group that speaks on behalf of the
residents of Garelochhead.  All residents over the age of 16 are members of our
Association which was first constituted in 1986 - 39 years ago. 
2. Our Association and many residents have had lengthy discussions on the two planning
applications that have been submitted by Mr Thomson for two separate sites within,
what is now classed as, Bendarroch Park Open Space Protection Area. 
3. Until the 28th of February 2024 when the Council adopted the new Argyll & Bute Local
Development Plan 2, this site was part of a much smaller Area For Action (AFA 3/7).  It
was only with the new Local Plan 2 that this site became part of the much larger
Bendarroch Public Park Open Space Protection Area (OSPA). 
4. Members of the PPSLC who attended the site visit this morning will have noted that
the OSPA is clearly split into four distinct areas. The Bendarroch Park with football field
and ASTRO Turf facility, the site next to the telephone exchange which is the subject
of today’s hearing, the site at the bottom of Whistlefield Hill on the opposite side of the
B872 which is a mess and is cluttered with large containers, portacabins, machinery,
caravans and other industrial equipment, and the site on the B833 Rosneath Road
which was the subject of a separate planning application from today’s applicant for a
residential development which has recently been considered by three members of the
PPSLC on a Local Review Body (LRB) which, I think it is safe to say, were happy for
that application, which is on the same OSPA, to be approved subject to the appropriate
conditions. 
5. Of the four separate areas within the OSPA, the public have only ever had access to
two of these areas.  The Bendarroch Park with football field and ASTRO Turf facility,
and the site on the B833 which the LRB members are clearly minded to approve
development on, even although it is located within the same OSPA.  That site on the
B833 was part of the Area For Action and it is safe to say that the community resisted
development of this site going back over 30 years prior to local government
reorganisation to the days of Dumbarton District Council, when plans by the then
owner to develop the site were rejected by Dumbarton District Council.  Similar plans
by the then owner were again rejected by Argyll & Bute Council Planning Officers over
20 years ago. 
6. Council Planning Officers at Kilmory confirmed to me some time ago that the OSPA
measures 8.19 hectares and the site for this application only equates to 0.2 hectares
and as such, equates to only 2.44% of the OSPA.  PPSLC members will be aware that
Policy 81 on Open Space Protection Areas allows development of an OSPA where it
only “involves a very minor part of the OSPA and would not affect its integrity and
continued use or amenity value”.  Surely the PPSLC will agree that at 2.44% of the
OSPA, you cannot get a much more minor part of the OSPA.

Page 14

7. For a small rural community, the level of support for this application is exceptional. 
There has only been one late objection from a member of the community.  Although
the Council has recorded this objection as coming from an immediate neighbour, this is
certainly not the case, I have measured it out and this sole objector lives half a mile
away along the B833 and cannot be considered as an immediate neighbour to the site. 
8. The Supplementary Report refers to the parking problems that have been highlighted
but disappointingly, only refers to the section of the B872 between the Anchor Inn and
Old School Road.  It makes no mention of the extensive problems on Old School
Road, Station Road and the lower end of Feorlin Way which are continually congested. 
I have photographs here that I took of these roads which clearly show that there is
hardly a parking space to be had which is the norm across the centre of the village on
most days. 
9. A great deal has been made of the tree felling on the site with clear indications that it
was unauthorised.  I recently argued that the tree felling was NOT unauthorised and
was included in the exemptions listed by Scottish Forestry in their publication Felling
Permission – Application Guidance – Section 2 – Exemption 1, 2 and 3 and that the
applicant had approval from Scottish Forestry for the felling of the trees.  It is good to
note that it is now confirmed in the Supplementary Report that the tree felling was NOT
unauthorised and that no consent was required for the felling of the trees from the
planning authority or from Scottish Forestry. 
10. Questions have been raised about the availability of alternative suitable sites within the
village.  From my local knowledge and having lived within the village for well over 40
years, I can confirm that there are no other sites within the village where this
development could take place. 
11. Our Association has asked that this application be approved with conditions attached
to control the use of the site.  These should include, 1. That the boundary wall on the
east side of the site be constructed within 3 months of the date of approval of the
application, 2. That appropriate fast-growing trees, approved by Planning Officers, are
planted along the east boundary of the site inside the boundary wall at a timescale
approved by Planning Officers, 3. That a maximum of 30 vehicles are stored on site at
any given time, 4. That no vehicles are stored on site for longer than six months, and
5. That a register is maintained al all vehicles stored on site giving the registration
number of the vehicles and the dates when the individual vehicles arrived and were
removed from the site which will ensure that the maximum of 30 vehicles on site and
the maximum storage period of six months are not exceeded. 
12. Comments have been made that the Council has not received complaints about the
parking problems within the village.  That is not the case.  I have complained on many
occasions in the past and have correspondence with Jim Smith who was until recently,
the Head of Service.  It was only because of these complaints that the Council
eventually removed the double yellow lines in the long layby opposite the Anchor Inn to
create additional car parking space for up to 10 vehicles. 
13. Discussions a number of years ago with officers from the then Strathclyde Police
Traffic Division ruled out the possibility of double yellow lines along both sides of the
B872 through the centre of the village as the advice from the Traffic Division police
officers was that this would create problems with vehicles speeding through the village.

Page 15

14. The Leader of the Council recently made a statement that the Council needs to start
listening to our communities and delivering for them.  This is an ideal opportunity
where the Leader of the Council’s comments can be taken on board and that the
PPSLC can deliver what the community clearly wants. 
Local Member 
Shona Barton, Governance Manager. read out the following written representation from
Councillor Maurice Corry, who was unable to attend the hearing today: 
I would like to confirm my support for it as it would alleviate severe traffic congestion along
the main street in Garelochhead. The planning application would provide more vehicle
parking in the village and therefore making it safer on the main street particularly around
the shops.  
I support the planning application as it could easily be granted as a minor departure
from the provisions of Policy 81 which would produce benefits in removal of vehicles
Parked from a public highway. 
MEMBERS’ QUESTIONS 
Councillor Brown asked Planning what would happen to the site if this application was not
approved.  Kirsty Sweeney advised that if the application was refused today the Applicant
would have a right of appeal and it was usual to wait for that process to be complete
before looking at any enforcement issue if the appeal was unsuccessful.  She said they
would look to serve an enforcement notice on the site to remove the hard core and put
some tree planting back. 
Councillor Brown asked if the site would go back to the way it was before.  Ms Sweeney
said it would go back to open space. 
Councillor Wallace asked Planning how tree planting could be part of an enforcement
condition if it was permissible to remove the trees in the first place.  Ms Sweeney advised
that in any enforcement case Planning can specify any actions that must be taken for a
site.  She explained that because the site previously had trees on it, they could be part of
this request.  She said that even though planning permission was not required to remove
the trees they could still be part of the enforcement notice. 
Councillor Brown asked Planning to confirm when the site changed from being an AFA to
an OSPA.  Ms Sweeney advised that the proposed LDP was published in 2019 but the
actual designation as an OSPA did not come into force until the Plan was adopted in
2024. 
Councillor Green asked Planning what the terms of the AFA were and what that meant for
the LDP in force at that time.  Ms Sweeney referred to the site being an Open Space
designation in the Dumbarton District Plan and then an AFA in the 2015 LDP.  She
advised that the exact wording was to enhance, to provide recreation and enhance open
space.  It was not specified that any development would be supported.   
Councillor Wallace asked the Applicant how many cars they had parked on the street at
the moment.  Claire Balneaves said there were approximately 40 cars, 20 customer cars
and 20 cars belonging to employees.

Page 16

Councillor Wallace asked the Roads Officer to comment on his consultee response which
said that he did not believe approval of this application would have an impact on parking in
the village.  Raymond Kane said he believed there was already an existing parking issue
in the village, and this had arisen not solely as a contributor of the cars associated with
this facility but also the overall businesses and residential accommodation.  Within the
area of Garelochhead, due to its make-up, it did not offer a significant amount of off-street
parking for cafes, shops and businesses and for people that wanted to visit.  It was
understood and recognised that the problem was a combination of all of these contributing
factors.  He said he did not believe the parking issue would be immediately resolved
through the creation of a car park that would only be available to one organisation.   He
said the parking of the 40 cars was part of the problem but not the only problem and he
did not believe this proposal would resolve all the issues. 
Councillor Wallace commented that he accepted that the proposal would not resolve all
the issues.  He asked the Roads Officer if he thought it would help alleviate the problem to
some degree.  Mr Kane said that to alleviate the problem would be to reduce the amount
of cars that were permitted to park on the street.  He said this could be done through
various means, but the business could also do this.  If the business has 40 cars, as they
highlighted at the moment, in the surrounding streets, then they contributed to this
problem.  He said there would be nothing to say they would not then place 40 cars on the
street and a further 40 cars at the proposed parking site.  He said there was no means for
Roads to limit or control how many cars that they then placed within the surrounding area. 
The creation of this car park would not necessarily remove the problem but could
potentially increase the amount of cars attached to this facility.  He advised that he did not
believe that the creation of such a car park would resolve the issue.  There were no
guarantees and no conditions nor enforcement that could be placed on that unless a
review of Garelochhead was taken in its entirety to place parking restrictions on the whole
area.  He said that would be a resolution but not an overnight resolution. 
Councillor Blair asked the Roads Officer if he had received any requests from the
community to carry out a traffic management survey or any such management of traffic
that has been a problem over the years.  Mr Kane said that over the years he believed
there had been engagement with his predecessors.  At that time there was funding
available to review the overall traffic calming features within Garelochhead which, be
believed, was a means to slow traffic through the main thoroughfare.  Personally, he said
he has engaged with local community members that have requested this, but this came
back to where funding was available and how it was believed this could be addressed. 
Means that have previously been addressed, are the installation of double yellow lines,
the reaffirming and detailing of existing double yellow lines and the potential expansion of
corner redeye would improve invisibility.  Beyond that, there had not been a great deal of
suggestion or involvement at present but that was not to say, they would not welcome, if
funds were to become available, the installation of further traffic calming in Garelochhead. 
Councillor Blair asked the Roads Officer how many complaints were received annually
regarding parking in Garelochhead.  Mr Kane advised that from a review of recent
communications, it was his understanding that they did not get registered complaints. 
They must be tracked and recorded through the Roads communications system for the
data to be reviewed.  He said that was not to say they were not aware of parking
associated issues or movement issues that were a consequence of parking.  He advised
that without the creation of restrictions that could be enforced or on-street infrastructure to
limit where people could park, there was little they could do at this point.

Page 17

Councillor Blair asked the Roads Officer if he had any discussions with Police Scotland
regarding how many traffic accidents there have been.  Mr Kane said that there was on
record a very serious accident involving someone alighting from a bus and crossing the
road.  He said he was not aware of the detail of this but understood that it could have
been due to poor practice of the pedestrian or varied contribution factors.  He said that
Police Scotland did not regularly engage regarding concerns over Garelochhead and
associated vehicle movement issues within it. 
Councillor Blair asked if the Applicant was wanting to expand his business.  Ms Balneaves
said they were not looking to expand, they just wanted to cope with the business they had
now.  She said local garages were closing down all the time and there was an influx of
business, but they were limited to how much business they could take in by the garage
itself.  Councillor Blair referred to the comment made by Roads that if demand increased
this would lead to more cars and he sought and received confirmation from Ms Balneaves
that she did not think that would happen. 
Councillor Blair referred to Mr Freeman saying he had been involved in the community for
a long number of years.  He also referred to the LDP process and asked if community
groups have engaged with this process.  Mr Freeman referred to the local development
plans being advertised in the local press, and said this was something that was a total turn
off for the public and that the public very seldom ever got involved in the local
development plans as they did not think it affected them until a development was
proposed next door to them and then, all of a sudden, there was an outcry as they were
not aware of various policies that had been included within the LDP.  He said he did not
see the public normally getting involved in local development plans. 
Councillor Armour referred to the photos from 2009, 2011 and 2021 showing cars in the
confines of the Applicant’s own business footprint and asked the Applicant how many cars
were parked within the business footprint at the moment.  Ms Balneaves said there were
about 30 cars parked to the rear of the garage.  She confirmed there was approximately
another 40 on the streets, a mix of customer and staff vehicles. 
Councillor Armour asked the Roads Officer if a Traffic Regulation Order would solve the
parking problem around the business.  He suggested waiting restrictions to allow vehicles
to only wait on that part of the street for 1 or 2 hours.  He asked if that would solve that
part of the problem. 
Mr Kane said he recognised that would be a reasonable consideration and a potential tool
that could be used to resolve an issue.  He advised that with every application they must
be consistent and with other application sites where there were visibility issues or access
issues the Applicant has made a request for a change and reduction in speed so they can
achieve visibility.  In doing so Roads then have to make an amendment or TRO to
facilitate that development.  He advised that Roads could not, and would not, do that as
they had limited resources, and they could not support one scheme over another.  He said
that if they applied waiting restrictions which would necessitate a TRO, they would then be
supporting this development through the creation of a TRO and they would then have to
consistently apply that to every other application across the whole of Argyll and Bute.  He
said they did not have the resources to facilitate that.  So consistently applying that across
every application, if it cannot be achieved within the Applicant’s gift then Roads could not
support it.

Page 18

Councillor Armour asked the Roads Officer if a TRO could be brought in, if this application
was approved today, and if it did not sort the problem and there were just as many cars
from the business on the street. 
Mr Kane said a TRO could be brought in and if it were successful, it could take
somewhere between 12 and 18 months to be delivered.  It would then be subject to the
level of enforcement Roads had available.   For somewhere like Garelochhead, which was
not as central as somewhere like Helensburgh, there may not be wardens out there as
regularly.  He said a restriction was only as good as the enforcement and if people chose
not to acknowledge these restrictions, then they could be flighted or ignored.  He advised
that it could be a solution but would not be an immediate solution if the proposal was
accepted. 
Councillor Armour commented that if the potential for enforcement was there it could act
as a deterrent.  Mr Kane said that they would have to give consideration to residents as
there was very limited on-street parking available to them.  It may be objected to on the
grounds that why should a resident be prevented from parking on the street outside their
house when they had not done anything to create the current issue.  He said that this
could then create a displacement parking effect and move the problem to another area. 
He said that placing parking restrictions in residential areas were difficult to manage and
was not something that Roads wholly promoted in Argyll and Bute. 
Councillor Armour commented that taking 40 cars off that street and putting in restrictions,
would, to his mind, provide scope for any resident to be able to park within a reasonable
distance from their home. 
Councillor Kain referred to Mr Kane advising that he would not be keen because the
Applicant could just add another 40 cars to the environment so it would not make any
difference.  He asked Mr Kane if he would accept that allowing 40 cars to park on the
application site would, at the moment, reduce the traffic issues.  Mr Kane said he did not
think it would as there were no guarantees. 
Councillor Kain commented that if there was an issue at the moment and 40 cars were
removed from the environment that, by definition, would reduce the impact of traffic at this
time.  He said that in the future that might change but he suggested that if it did change it
would indicate an addition to the economy of Garelochhead as more cars would be
travelling there.  It might create a traffic issue but, he asked Mr Kane if he would agree
that it would add to the economy of Garelochhead. 
Mr Kane advised that if they had data that was gathered over 3, 6 or 12 months, that
detailed the registrations of vehicles on the streets, and those vehicles were associated
with the company’s business, they could then take a cross section of the over all volume
of vehicles within the streets and identify those that were a contributing factor being the
business, to remove these cars from the streets, this would create X amount of spaces. 
Or this would alleviate X amount of space.  He said that what must be clear here was that
these cars filled space within the carriageway; that no car had a right to park on the
carriageway and Roads permitted cars to park on the carriageway.  These spaces were
not just for parking, they were to facilitate the safe movement of vehicles which allowed
the safe movement of pedestrians and so on.  He advised that if that data was there then
he would comment that the removing of that factor would contribute to it.   Mr Kane then
referred to the question about the economy of Garelochhead.  He advised that if removing
the contributing factor, which was these cars, and that created space and allowed the safe
movement of vehicles and then this space was further saturated at a later date, there was

Page 19

nothing to necessary align that to a growing economy.  He said that could align to a
change in business model to the operator whereby, instead of taking cars that could be
turned over or changed over on a 1 day, 2 day, 3 day period, maybe change their
business model to cars that required significantly more time and therefore greater return
for them.  He said it could also signify a change in practices in terms of residents and
homeowners that previously parked one car further away because the existing area was
saturated.  He said he did not think you could necessarily align the re-saturation following
a reduction to a growing economy.  He advised that once the car park was created the
only means of control thereafter would be to invest in a TRO or hard infrastructure to
facilitate the safe movements of vehicles through Garelochhead. 
Councillor Kain asked the Applicant to confirm if the trees were removed to deal with
Japanese Knotweed prior to the OSPA being in place.  Ms Balneaves confirmed that
when the trees started to be removed the site was an AFA. 
Councillor Brown asked the Applicant what difference had been made to the village of
Garelochhead when those cars were off the road when the area was being used as car
storage.  Ms Balneaves advised that the feedback she had received from customers was
that there was more space on the streets and that they could park on Station Road and
Old School Road easier. 
Councillor Brown asked Planning the same question.  Ms Sweeney advised that they did
not have this evidence so could not answer that question. 
Mr Freeman advised that while the site was being used and cars were on it, it was quite
clear to those in the community that there were more spaces on the roads around the
centre of the village.  When the cars were removed from the site the village went back to
square one.  He confirmed that he submitted complaints directly to the Head of Service
about parking and it was only after some considerable time because of these complaints
that it was agreed to remove the double yellow lines from the long layby opposite the
Anchor Inn to allow parking there.  He said he did not believe a TRO was legally amended
but the signs were removed, and the double yellow lines were removed to try and help
with some of the parking problems.  He advised that the large layby could take about 10
vehicles.  He said this came about because of complaints about parking in the centre of
the village and that was only over the last 18 months. 
Councillor Green referred to it being mentioned a few times in term of proposals for the
site originating before the OSPA was introduced and an AFA being in effect at the time. 
He referred to the Applicant clearing trees to facilitate the treatment of Japanese
Knotweed, and sought clarification on how the laying down of hard core would provide
recreation and enhanced open space.  Mr Hyde advised that he did not think that was
something they were attempting to argue at all.  He said that it was the situation the
Applicant found himself in, once he had cleared the land and removed the trees to deal
with the Knotweed.  Given the problems associated with the parking related to his
business opportunities and given that this was a piece of land that he owned in the village,
he thought he could finally sort the problem he was causing for the residents of the village. 
Councillor Green asked how this provided recreation and enhanced open space which
was the criteria for the land at that time.  Mr Hyde replied that he was not saying it did. 
Councillor Green referred to Mr Freeman stating that it was his view the OSPA was
divided into 4 areas.  He referred to the older aerial views of the site and commented that
there was not a clear division of these areas.

Page 20

Mr Freeman explained that it was only from the ground that you could see the 4 distinct
areas and he explained where these were and the makeup of each.   
Councillor Green referred to the aerial view shown on slide 11 of the Planning power point
presentation and advised of seeing a road crossing an otherwise continuous area of
woodland of differing densities and sought comment from Mr Freeman. 
Mr Freeman pointed out the Bendarroch Park at the top right, which was a standalone
area.  He also pointed out the area at the top left split by the B872 road which he said the
Members would have seen at the site visit and was a disaster.  He advised that the lower
area, in his view was also separated with the lower large site outwith red line the area
where the public made great use of for walking.  He advised that within the red line that
was the wooded area. 
Councillor Howard asked Mr Freeman if he would agree that the area being discussed
today had never been a public access area.  Mr Freeman confirmed that the public never
had access to it. He said it was fenced and was fairly thick with Japanese Knotweed and
scrubby thin trees.  He said he could not recall anyone requiring access to it.  He said the
large area below the red line was the area that over the years the public have used daily. 
He said that was the site the Association and Community Council had spent years
protecting and supporting.   
Councillor Blair referred to comments from the Reporter during the examination of LDP2
and asked Planning if the Reporter supported the removal of the designation of an OSPA
for this area.  Ms Sweeney confirmed the Reporter did not support the removal of this part
from the OSPA following a representation made by the Applicant. 
Councillor Green referred to the criteria of an OSPA and asked if it had to be available to
the public to walk around or could it serve another purpose.  Ms Sweeney said that
Planning Advice Note 65 on Planning and Open Space identified Amenity Greenspace as
areas providing visual amenity or separating different buildings or land uses for
environmental, visual or safety reasons, and provides justification for a planning authority
to identify and safeguard open space for visual amenity value in its development plan. 
She added that the space did not need to be publicly owned and could also be privately
owned. 
Councillor Green asked Planning when the first draft of LDP2 was put out.  Ms Sweeney
said she was not sure of the exact dates, but she believed it was the Spring of 2019 with
the deadline for comments July 2019. 
Councillor Green sought and received confirmation that the Applicant purchased the land
in January 2019. 
Councillor Armour referred to it being mentioned by the Applicant that they had been given
a sort of ‘go for it’ to build a house on the site in 2022 or they were not told completely
there was not a chance.  He asked Planning why this was even considered if the first draft
of the LDP was in 2019.   
Emma Jane said that she was the case officer dealing with that planning application for
another part of the site.  It was an application for a house and there were several reasons
for refusing that application and one of them was that it was not tying in with the
settlement pattern.  It was suggested could an alternative location for that plan be

Page 21

presented to mitigate some of the reasons for refusal and the Applicant looked at that as a
potential site which SEPA came back to say that land should not be developed as it was in
the flood plain.   
Councillor Armour referred to the Applicant being encouraged in 2022 to have a free go.  
Ms Jane explained that the free go referred to when an application was submitted and
withdrawn within a year, there was no need to pay the fee again. 
Councillor Armour asked why, if the area was going to be an OSPA, the Applicant was
given that slight hope.  Ms Jane advised that due to the application having several
reasons for refusal, the Applicant was looking to mitigate some of these reasons for
refusal, one being it did not fit in with the settlement pattern where they were proposing
the house.  Hence, they looked at this site as an alternative next to the BT Exchange as it
fitted in with the settlement pattern.  
Councillor Green referred to Mr Freeman mentioning red squirrels and otters not being an
issue and he asked him to elaborate on that.  Mr Freeman advised that at the January
meeting of the PPSL Committee a statement was made and recorded that there were red
squirrels on the site.  He said that he had checked the national website for recordings of
red squirrel sitings and had looked at the wider area.  He said that most people knew that
red squirrels only started from Whistlefield up to Arrochar and into Argyll.  He said there
were a few on the Rosneath peninsula but looking at all the sightings over a 5 year period
there had only been one at the south end of Garelochhead village and nowhere near this
site.  He said that confirmed to him that there had been no sightings in that period and so
no history of red squirrels on that site, although a statement had been made to Committee
that there were squirrels on the site. 
SUMMING UP 
Planning 
In reaching a decision on this application, Members are reminded of the requirements
placed upon decision makers by Section 25 of the Town and Country Planning (Scotland)
Act 1997 to determine all planning applications in accordance with the provisions of the
Development Plan unless material considerations indicate otherwise. 
During the course of today’s hearing Members have heard arguments with opposing views
from the anticipated benefits and the impacts of the proposal. 
The position detailed by planning officers in the report of handling dated 1st November
2024 essentially identifies the fundamental issues which precludes the proposal from
being considered to be consistent with the Development Plan. 
The provisions of National Planning Framework Policy 9(b) set out that proposals on
‘greenfield’ sites “will not be supported unless the site has been allocated for
development, or the proposal is explicitly supported by policies in the LDP”. 
In this instance the proposal is located within an area identified within the Argyll and Bute
Local Development Plan 2024 as an Open Space Protection Area, abbreviated to OSPA,
wherein Policy 81 sets out a presumption against development except where one or more
of the criteria is met. It is considered by officers that the proposal meets none of the
criteria.

Page 22

The case set out by the applicant and the supporters today has sought to challenge this
position, saying that the site is a minor part of the OSPA and had little amenity value. Also,
it has been suggested that the biodiversity enhancement can only be achieved if the
development is allowed. However, Members should note that Japanese Knotweed
removal and new planting can happen without this development going ahead. 
Also, in relation to Policy 22, it has been suggested that there is sufficient community and
economic benefit to a local business to allow a greenfield site to be developed. This
evidence is anecdotal re the parking problem and that it will be alleviated from the
provision of 30 dedicated spaces for this business in addition to the parking area to the
rear of their business and that there are no alternative brownfield sites. There is no report
prepared to evidence this. We have also heard new information not before officers about
the need to diversify their business into car sales. 
The Roads Officer has provided a further consultation response and within the answers to
Members today, has highlighted that the parking problems in the village come from
various sources and there is no parking survey evidencing the issue arising from parking
from the garage. They also explained the difficulties of placing a traffic order. There is no
mechanism to secure that parking will not continue on the street and the applicant will use
the application site. 
Members are reminded that the designation of the OSPA within the LDP is an established
matter. In order to assist members in reaching their decision the following matters are
highlighted: 
- Planning Advice Note 65 on Planning and Open Space identifies Amenity
Greenspace as areas providing visual amenity or separating different buildings or
land uses for environmental, visual or safety reasons, and provides justification for
a planning authority to identify and safeguard open space for visual amenity value
in its development plan. 
- The aim of Policy 81 is to protect open space as the loss or partial loss of such
areas to development can unacceptably erode either their individual integrity and
function or the integrity of our wider green and blue infrastructure. Any loss will
require robust justification as once such spaces and facilities are lost to alternative
built development their opportunity to provide their original or similar function are
typically lost forever.   
- This site is considered to have visual amenity value intrinsic to the OSPA and the
loss of this area fragments the OSPA and affects the overall setting of the main
recreational area and the value the site. Even with boundary treatment as proposed
by the applicant, it is not considered to be sufficient, as this is only mitigating
impacts of the car storage and is not an added public benefit or provision of an
alternative greenspace elsewhere. 
- Policy 22 requires a sequential approach to new business/industry sites, first
looking at preferred location, then other brownfield locations within settlements and
avoiding greenfield sites. The applicant is required to demonstrate that the
approach has been taken into account to the satisfaction of the planning authority.
This has not been satisfactorily demonstrated and no alternative site have been
explored.

Page 23

- The applicant has highlighted that the proposal would support the ongoing business
operations but the evidence they have submitted is considered to be insufficient to
demonstrate that parking problems would be alleviated and there is no planning
mechanism to secure this.  The distance the garage site is located from the
proposed car parking does not suggest it would be easily accessible for customers
and the on-street parking is therefore likely to continue, particularly for parking cars
following MOTs/Servicing. 
- Members should afford consideration to the fact the designation of the OSPA was
challenged by the applicant during the consultation of the LDP. The reporter
concluded following their site inspection, that “there was insufficient evidence to
justify the removal of, or part of, the open space protection area and no
modification was made. “ 
The application is accordingly recommended to members to be refused as development
contrary to the provisions of the Local Development Plan, namely Policies 01, 04, 22 and
81 and also NPF4 Policies 9 and 26. 
Applicant 
Mr Hyde 
Mr Hyde advised that as the Planning Officer had said, planning applications had to be
determined in accordance with the provisions of the Development Plan unless material
considerations indicated otherwise.  Anything relevant to planning and relevant to the
proposed development could be considered to be a material consideration. 
Once there were material considerations in the balance, and in this case the material
considerations were - resolving a known parking issue and the strength of public support
for the application.  It was within the gift of the Committee to decide how much weight to
attach to those material considerations and if significant weight was attached to those
material considerations which would outweigh the loss of what was a very minor part of
the overall Open Space Protection Area, then planning permission was able to be granted. 
He added that the planning permission could be furthermore subject to the imposition of
planning conditions which could then be strictly enforced and as well as for the
management of the site conditions suggested by Mr George Freeman, could also relate to
landscaping and boundary treatments. 
Consultees 
Roads Authority 
Raymond Kane pointed out that it had been highlighted throughout the meeting that the
business currently operated with 40 cars on the street.  He said the application was for the
creation of 30 car parking spaces, so it would not completely alleviate all the on-street
parking issues.   
He also referred to discussion around creating car parking restrictions and said this would
not be an immediate resolution nor guaranteed either.  He said it would not stop the
business from saturating the streets in addition to the parking provision proposed. 
Local Biodiversity Officer

Page 24

Helen McCallin referred to comments about the scrubby woodland and advised that it was
worth noting that was a really important biodiversity and valuable habitat to have.  With
regards to NPF4 Policy 1, she spoke about being in a nature crisis, and in a biodiversity
crisis and a climate crisis.  She said development should be enhancing biodiversity and
restoring habitats and should be helping to strengthen and recreate these nature networks
and connectivity of habitats.   She advised that with the removal of the woodland that had
sadly fragmented that habitat.  She said that it should also be noted that regarding
landscape design, there should be discussion about biodiversity enhancement and how to
make the site better, and how to connect habitats better.  She referred to the red squirrels,
and said that looking at the NBN Atlas website, there were squirrels that had been
recorded within the area up until last year and, she thought, even this year within a 2 km
radius.  She said there was potential for red squirrels to be either in that area or
commuting through that area.  She advised that NPF4 Policy 3 was also talking about
restoring and enhancing and creating these nature networks that were needed to help
tackle the biodiversity crisis. 
Supporters 
George Freeman referred to this being a small application compared to some of the larger
applications that had been dealt with over the years.  Thinking back to 20 years ago, he
referred to the An Suidhe windfarm application which was recommended for refusal by the
Planning Officer.  He said that this application went before the full Council and was
approved.  He said that it then went to Public Inquiry where it was still approved and had
now been up and running for a number of years.  He said it was not unusual for the
Committee to go against the planning recommendation.  He said that the Planners had
their job to do but consideration could be given to many other things.  He said that what he
was looking at here was what was best for the community.  He advised that there was no
doubt that common sense should prevail, and the community would benefit from this
application being approved.  He referred to what the Leader of the Council had said at a
recent Council meeting about the need for the Council to be listening to their communities
and delivering for them.  He said this was an ideal opportunity.  He said the Leader of the
Council was right in what he had said and there was an opportunity here to deliver for the
community given the overwhelming support for this, he said he believed it would be crazy
other than to approve it. 
The Chair established from all parties present that they had received a fair hearing. 
The Chair ruled, and the Committee agreed to adjourn the meeting at this point for lunch. 
The Committee reconvened at 1.30 pm with all those present as per the sederunt. 
DEBATE 
Before the debate commenced a copy of a Motion prepared by Councillor Howard was
circulated to all those present in the room and online for consideration. 
Councillor Howard said she had put forward a Motion to approve this based on the
community’s need and wish to have their problem of parking alleviated.  She said she did
not believe the area of land concerned was ever truly viable as anything other than what it
was hopefully about to be.  She said the new screening; the new wall would be better than
what was there before.  She said it would be much more attractive and a better aspect
coming into the village from Arrochar.  She said this was long overdue and would be of

Page 25

great benefit, not just to the village businesses, but to its residents as well.  She said she
just wanted to see the application approved and for the village to get the benefit of the
efforts of this businessman to change the way the village was. 
Councillor Amanda Hampsey advised that when the time was appropriate, she would be
quite happy to second that Motion. 
Councillor Blair said he had taken on board comments made and that he appreciated the
concerns and issues raised.  He referred to the OSPA and said that as a regulatory
Committee, the Members had an obligation to look after things like OSPAs.  He advised
that he felt because of the unauthorised development the Committee should still be keen
to protect the OSPA.  He said he had taken on board the comments from the Roads
Officer and the Biodiversity Officer.  He commented that from experience elsewhere, it
was quite clear that nature had the opportunity to reinvent itself on whatever sites that
were left.  He referred to comments made about the proposal having the full support of the
community.  He referred to the population of Garelochhead being 3,000 – 3,500 with 2 to
3% in support and asked if that really meant 97% were not.  He said he thought there was
an opportunity here for possibly the re-establishment of the Community Council.  As very
often in communities when an issue came up it galvanised support or rejection and that
got people pulled together.  He said having a Community Council in the area was a good
opportunity for the community to have a proper discussion.  He acknowledged that LDPs
were not the most popular read but if there was an issue going on in the community that
could act as a catalyst for the re-establishment of a Community Council.  In that case, he
said he would be quite happy to support a move through the normal procedures, ie,
through amending the LDP assuming the whole community or 50% of the community
agreed.  He advised that taking on board everything that had been said he supported the
Officer’s recommendation. 
Councillor Green referred to point 6 of the Motion and said that he assumed that it had
been checked for competency.  He referred to point 6 - Biodiversity and Nature Networks
– there is potential to secure compensatory planting etc.  He said this was a view from the
Planning Officers but been included in this Motion.  He said he could not see any
reference to any compensatory planting and enhanced landscaping and conditions
associated with that. 
Councillor Howard said it was her intention that there could be conditions put on a lot of
the bit that was not hard standing and that it could be replanted in various ways. 
Councillor Green asked Councillor Howard if she had these conditions.   
Councillor Howard advised that she had left it to Planning to make the conditions that
would cover that. 
Councillor Green noted that Councillor Howard was moving that appropriate conditions
and reasons be delegated to the Head of Development and Economic Growth in
consultation with the Chair and Vice Chair of PPSL Committee. Councillor Howard
confirmed she was leaving it to the experts to make the conditions. 
Councillor Blair sought and received confirmation from Mr Jackson that the Motion was
competent.   
Ms Sweeney said the Motion was procedurally competent and it had been highlighted
what was necessary to justify a departure from Policy.  She advised that it was Planning

Page 26

opinion that there was not enough evidence for this application to be approved and to set
aside the Plan on so little solid evidence or demonstratable public benefit would weaken
the Policy and set up a bar for future OSPAs if Members were minded to approve. 
Councillor Green referred to point 7 of the Motion regarding the siting of red and grey
squirrels across Scotland.  It stated that there had only been one red squirrel sighting at
Garelochhead and that was nowhere near the proposed development site.  He said he
was not confident of that as the Committee did hear from the Local Biodiversity Officer in
terms of there being more than that.  Additionally, it was not just in Garelochhhead, where
even within Garelochhead there had been significantly more than 1 over several years,
but also just outside Garelochhead where you would not necessarily expect to see them in
the village itself but just outside where they could be commuting in. 
Councillor Howard advised that the squirrels reported were not just outside the village,
they were on the Rosneath peninsula on the other side of the hill and considerably distant. 
Councillor Green said he had the map in front of him which contradicted that assertion. 
He said he was not happy with that part of the Motion either.  He said that even if
Councillor Howard was content with this Motion, there were problems within it.   
Councillor Howard said she had went on the basis of the reported sitings. She said she
had never seen a grey squirrel let alone a red squirrel. 
Councillor Green referred to point 8 of the Motion which stated that this area was cleared
of all trees and hardstanding installed and that was required for the treatment and removal
of Japanese knotweed.  He said there was some debate as to whether the clearing of
trees was necessary for the clearing of Japanese Knotweed, and certainly the installation
of hardstanding would not be required for the removal of the Japanese Knotweed. 
Councillor Howard said the trees had to be cleared from the site in order to get into the
Japanese Knotweed. 
Councillor Green pointed out that the Motion said the hard standing was necessary for the
removal of the Japanese Knotweed and he said he was not confident that was the case. 
Councillor Howard said that was a matter of opinion. 
Councillor Green then referred to further on in point 8 where it was mentioned that looking
at the full extent of the OSPA the site equated to only around 2% of the total OSPA.  He
said that it was his view that did not convey the full story in terms of the setting around this
particular site, and also the role that this site played in the overall OSPA.  He said this was
a very narrow corridor which linked the OSPA together.  He said if you took account of the
overall scale of the OSPA it was a small percentage of that but a very significant
percentage in terms of effectively cutting the OSPA in half.  He said he did not think the
effect of that could be belittled or diminished.  He said he thought it compromised the
overall OSPA, particularly looking at the neighbouring developments which combined the
sites both towards the shore and just upstream the other side of the river and they served
to sever the OSPA at that point and provide a significant barrier to any movement of
wildlife across there. 
Councillor Brown referred to being at the site visit and said she had previously been there
for another matter.  She noted that Councillor Green said and advised that there was main
road there which cut through 2 sides of the OSPA which, in itself, prohibited the

Page 27

movement of wildlife across that road.  She said the piece of land being looked at here
was a very narrow bit, there was a hardstanding, and it had been used for car parking in
the past while it was not allowed to be used as that.  She said that for her, anything the
Committee could do here with regard to the OSPA for the benefit of the community and
the visual impact and climate change, surely had to be looked at on its own.  She said that
what they had seen this morning was a mess and it had been a mess for a number of
years.  She referred to the development on the other side of the road which was
unauthorised in the OSPA and a separate case.  She said that she did not propose to look
at that part over there in conjunction with the part looked at this morning.  She said there
was the opportunity to create a proper biodiversity area around where the parked cars
would be which would give the visual impact, the biodiversity and climate change impact
and would take away car parking problems in the streets and roads around Garelochhead. 
She said this was an opportunity to do something positive and it would make the OSPA
visually better.  The OSPA as it was before in this area was never used because the
people couldn’t and didn’t have access to it.  She advised that you could not go onto the
other side of the OSPA across the river because there was no bridge or walkway across
there.  She said the route was along the pavement further up the road to get into the other
part of the OSPA.  She said there was an opportunity to make the OSPA what it should
be, a place of sanctuary, to make a difference in Garelochhead.  She acknowledged that
cars were going to be in the middle of it but said that surely with enough work between the
Applicant, the planning conditions and biodiversity, it should be possible to make it the
place what it should be, a place of outstanding beauty. 
Councillor Blair said he had a concern with the OSPA in the sense that different
Committees of the Council were looking at different bits of the OSPA and to him that
provided a conflict and that was a concern.  He referred to comments made earlier by one
of the community representatives that it was almost as if it was a fait accompli about
determinations.  He said the Members had to look at things as they were presented to the
them.  He said that his fear was that the community were missing a real opportunity to get
together a new Community Council to discuss and develop and have dialogue with both
the owner of the site and Planners and a collective response from Council in relation to
other agencies in relation to the site and then make a request through the LDP process to
remove some or all of the OSPA from the area.  He advised that for him that was the kind
of dialogue and discussion to have.  He referred to the red squirrels and said they could
cross over tarmac as well as woodland area.  He referred to the aerial view of the original
maps and the amount of greenery that was taken away, he said that from his experience
in other areas, where nature had redeveloped itself, it was quite amazing the new species,
etc that have come in.  He advised that for him, while his view was still the same that this
application should be refused, there was an opportunity for the community through
dialogue and discussion and within a programme of development for that site involving all
of the community, not just individuals within the resident association.  He said the
Committee had a statutory obligation to protect areas and that was why it said OSPA and
that this should be taken seriously. 
Councillor Howard referred to community involvement and pointed out that 49 letters of
support were received from this community of 3,000 which, she said, was a high
percentage.  She referred to the supermarket development in Helensburgh which was
considered to be approved based on 59 people taking part in a community of 15,000. 
Their opinions were counted as adequate.  She said she did not think it could be said that
there was not a suggestion that the people of Garelochhead were supporting this. 
Councillor Armour referred to there being no Community Council and said if there was
there would have been a representation from them.  The fact that there was none meant

Page 28

there was no statutory body that could respond.  However, there was, as former
Councillor, Mr Freeman said, a Residents Association that was open to everyone over the
age of 16 who was a resident in the village.  Mr Freeman’s representation today was on
behalf of the community, and he advised that it had certainly made him think.  He said that
he thought there was huge backing here in the community.  He noted that there were only
49 responses but, as Councillor Howard said, the Committee have looked at applications
with far fewer responses for far bigger applications.  He said that he fully understood that it
was against the OSPA, but the ground had been cleared and if it was possible, it would be
good to get something that was in keeping with the area and replanted there.  He referred
to the road and said he could see serious problems there and that if this could lead to
getting even 30 vehicles off the road this could solve a big part of the problem.  He said he
did think that some sort of TRO would need to be looked at so the garage did not double
the number of cars that they have now.  He said he felt there needed to be some sort of
regulatory order but that would be for another day.  He advised that he had come round
from supporting the recommendation in the report to certainly considering changing his
mind on that. 
Councillor Kain said that he would be inclined to support Councillor Howard’s Motion.  He
referred to talk about biodiversity and open spaces and advised that the reality would be
there would be even more open spaces in Argyll and Bute if there was not an
improvement in economic activity.  He said that Officers advised in a report last year that
the population would decline by 2%.  He said that he saw any activity that would help
improve the economic activity and retain populations being of benefit over and above
alleviating to some degree a traffic issue that was there at the moment.  He said he would
be for this and protecting the species of homo sapiens that were still in decline in Argyll
and Bute. 
Councillor Daniel Hampsey said he thought that Councillor Kain had made some relevant
points and likewise to Councillor Armour, he found himself in the initial position of
supporting the recommendation but after looking at things and the support of the
community he would be happy to support Councillor Howard’s Motion. 
Councillor Wallace said he would be keen to find a way to approve this application.  He
said he thought the community benefit was clear.  The village would benefit from having
the cars off the street.  He appreciated that there was a wider problem but thought that
this would be an important first step, so he was certainly keen to find a way to approve it. 
Councillor Green said he would be quite content to move the recommendation from
Officers.  He said he thought there were some flaws with the Motion.  He said he could
see the development having a significant impact on the OSPA. He said the site should not
be looked at in terms of what was there now but what it was prior to the clearance back in
2018.  Looking at how you can make the site better than at the moment, better in terms of
visual amenity in term of ecology.  He said he did not believe any mitigation proposed in
terms of use as storage and parking area could get any way near the benefits which were
there with the original vegetation on the site.  He said he was quite happy to move the
recommendation from Officers. 
Motion 
The PPSLC: 
1. Notes the contents of the report of handling relating to the above Planning Application,
and the concerns raised by Planning Officers that they consider the application

Page 29

presents significant conflict with NPF4 Policy 09 (Brownfield, Vacant and Derelict Land
and Empty Buildings); LDP2 Policy 01 (Settlement Areas); Policy 04 (Sustainable
Development); and Policy 81 (Open Space Protection Areas); NPF4 Policy 26(d)
(Business Industry) and LDP2 Policy 22 (Economic Development). 
2. Notes that many of the representations received from the community highlight that the
proposed development will have a significant beneficial impact on the community by
helping to reduce the ongoing parking problems across the centre of the village. 
3. Notes the overwhelming community support for this application with 42 local
representations supporting the application and two of the ward councillors also
confirming their full support for the application. Full support for the application has also
been submitted by Garelochhead Residents Association (GRA) on behalf of the
community. 
4. Notes the contents of the ROAVR Group report on Protected Species and Preliminary
Bat Roost Assessment (PRA) which confirms that subject to the completion of a
Construction Environmental Management Plan (CEMP) to ensure suitable mitigation
measures are implemented, the proposed development is unlikely to have a significant
ecological impact on otter and bat species in the area. 
5. Agrees that, given the varied design, setting, materials and location of existing
buildings within the vicinity that the proposed development would not be out of keeping
with the established development pattern in this part of Garelochhead, and would
therefore not have a detrimental impact on the setting and character of the area. 
6. Notes the contents of the report of handling which confirms the following in regard to
the other matters considered by the Planners. 
Design and Setting – the proposed low stone boundary wall would provide a uniform
boundary treatment to the road improving the overall street scene and thoroughfare
into Garelochhead centre and along with the proposed planting will be an improvement
of the current condition of the land and help lessen the existing visual harm of the
vehicle storage yard in line with much of the design principles set out within NFP4
Policy 14, LDP2 policies 05 and 10. 
Biodiversity and Nature Networks – there is potential to secure compensatory planting
and enhanced landscaping by Condition to restore and strengthen localised nature
networks and to mitigate the impact of the development and the conflict with
Biodiversity and Woodland policies is not considered a determining factor in the
assessment of this application. 
Residential Amenity – no concerns regarding residential disturbance through
intensification of use. 
Road Safety and Parking – a planning condition to regularise the type and longevity of
vehicle storage on the site would be appropriate to ensure no end of life vehicles are
stored or dismantled on site in the interest of residential and visual amenity and
environmental protection. 
Flooding – conflict with NPF4 Policy 22 and LDP2 Policy 55 could be minimised
through drainage, water management and construction secured by planning condition.

Page 30

7. Notes that the Saving Scotland's Red Squirrels - Sightings of Red and Grey Squirrels
across Scotland website confirms that over the past 4/5 years, there has only been
ONE red squirrel sighting at Garelochhead and that was nowhere near the proposed
development site.  No sightings of red squirrels have been recorded on or near the
OSPA. 
8. LDP2 Policy 81 Open Space Protection Area – this location was only designated as
part of an OSPA in LDP2 which was adopted by the Council on 24 February 2024, the
whole OSPA covers an area of 8.19 hectares and the proposed development site is
only 0.2 hectares which equates to only 2.44% of the total OSPA. 
This area was cleared of all trees and hardstanding installed by the applicant between
June 2018, when the site comprised of dense woodland and 2021, prior to the
designation as an OSPA, and was required for the treatment and removal of Japanese
knotweed and trees that were of poor quality and self -seeded. 
It is noted that the felling of the trees was included in the exemptions listed by Scottish
Forestry in their publication Felling Permission - Application Guidance – Section 2 -
Exemption 1, 2 and 3 and that the applicant had approval from Scottish Forestry for
the felling of the trees. 
The Planners are of the view that the development will affect the overall integrity of the
OSPA and the amenity value of this site and therefore in not consistent with parts (a)
and (e) of LDP2 Policy 81. 
However, due to the limited reduction in the size of the overall OSPA, due to this small
area being removed, there will be little effect on the overall integrity of the OSPA and
amenity value of this site that would allow an approval of the application as consistent
with part (a) of LDP2 Policy 81. 
Part (e) of this Policy requires that there is no loss of amenity value and that an
alternative provision of equal benefit is provided. I have provided a view above on the
loss of amenity value and whilst no information has been provided in regard to and
alternative provision I consider that the community and economic benefit that will result
as detailed below, if this application is approved is sufficient to allow the application to
be approved as a departure from this part of the Policy. 
9. LDP2 Policy 22 part B(i) (Economic Development) – this policy requires the applicant
to demonstrate that there is no alternative suitable site and I do not think he has done
so, however, it has been suggested that there is no suitable site in Garelochhead and I
am prepared to accept this and the Communities view on that. As mentioned above
the Community overwhelmingly support this application and taking into account that
the proposal will provide additional support for the largest employer within
Garelochhead and as such very significant direct and indirect economic benefits for
this small rural community and coupled with comments from the Planners as
referenced under the heading Design and Setting above and the use of the land as a
storage facility for vehicles that would otherwise be causing congestion in the village
provides a justification for the application to be approved as a departure from this
Policy and NFP4 Policy 26(d) (Business and Industry). 
10. NFP4 Policy 9 – the site is owned by the applicant and whilst it has not been
specifically allocated or explicitly supported by policies, I consider that for the reasons
stated in this motion about community and economic benefit, the support of the

Page 31

Community, the other information on design and setting and the small area that will be
lost from the overall OSPA that the application can be approved as a departure from
this Policy. 
11. LDP Policies 2 and 4 – On the basis of my comments above and other information
contained in the report of handling, I consider that this development is compatible with
the surrounding land use, it makes efficient use of derelict land and doesn’t devalue
the amenity open space and as such can be approved as a minor departure from
these policies. 
I therefore move that the development can be approved subject to the addition of
appropriate conditions and reasons being delegated to the Head of Development and
Economic Growth in consultation with the Chair and Vice-Chair of the Planning, Protective
Services and Licensing Committee. 
Moved by Councillor Fiona Howard, seconded by Councillor Amanda Hampsey. 
Amendment 
To agree to the Officer’s recommendation to refuse planning permission for the reasons
appended to the report of handling. 
Moved by Councillor Kieron Green, seconded by Councillor Gordon Blair. 
A vote was taken by calling the roll. 
Motion   Amendment 
Councillor Armour  Councillor Blair
Councillor Brown  Councillor Green
Councillor A Hampsey Councillor Hardie
Councillor D Hampsey
Councillor Howard
Councillor Kain
Councillor Wallace 
The Motion to approve was carried by 7 votes to 3. 
DECISION 
The Committee agreed to grant planning permission subject to the addition of appropriate
conditions and reasons being delegated to the Head of Development and Economic
Growth in consultation with the Chair and Vice-Chair of the Planning, Protective Services
and Licensing Committee. 
(Reference: Report by Head of Development and Economic Growth dated 1 November
2025 and Supplementary Report Number 1 dated 9 January 2025 and supplementary
report number 2 dated 7 April 2025, submitted)