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Argyll and Bute Council · 22 January 2025
Back to Planning, Protective Services and Licensing Committee — 22 January 2025 and its agenda

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Page 1

Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD 
15 January 2025 
NOTICE OF MEETING 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be
held BY MICROSOFT TEAMS on WEDNESDAY, 22 JANUARY 2025 at 11:00 AM, which you are
requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. MINUTES 
(a) Planning, Protective Services and Licensing Committee held on 13
December 2024 (Pages 3 - 4)  
(b) Planning, Protective Services and Licensing Committee held on 16
December 2024 at 10.00 am (Pages 5 - 16)  
(c) Planning, Protective Services and Licensing Committee held on 16
December 2024 at 2.00 pm (Pages 17 - 18)  
(d) Planning, Protective Services and Licensing Committee held on 18
December 2024 at 11.00 am (Pages 19 - 24)  
(e) Planning, Protective Services and Licensing Committee held on 18
December 2024 at 2.30 pm (Pages 25 - 28)  
(f) Planning, Protective Services and Licensing Committee held on 18
December 2024 at 3.30 pm (Pages 29 - 30) 
4. MR 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) (Pages 31 - 56)  
Report by Head of Development and Economic Growth
Public Document Pack

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5. CONFIRMING A TREE PRESERVATION ORDER AT LINTON, LINESIDE WALK,
RHU (Pages 57 - 82)  
Report by Executive Director with responsibility for Development and Economic
Growth 
6. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ3 2024/25 (Pages
83 - 94)  
Report by Executive Director with responsibility for Development and Economic
Growth 
Planning, Protective Services and Licensing Committee 
Councillor John Armour Councillor Gordon Blair (Vice-Chair)
Councillor Jan Brown Councillor Audrey Forrest
Councillor Kieron Green (Chair) Councillor Amanda Hampsey
Councillor Daniel Hampsey Councillor Graham Hardie
Councillor Fiona Howard Councillor Mark Irvine
Councillor Andrew Kain Councillor Paul Donald Kennedy
Councillor Liz McCabe Councillor Dougie Philand
Councillor Peter Wallace   
Contact: Fiona McCallum                  Tel. No. 01546 604392

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS 
on FRIDAY, 13 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Daniel Hampsey 
Councillor Graham Hardie
Councillor Fiona Howard
Councillor Paul Donald Kennedy
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: David Logan, Head of Legal and Regulatory Support
Shona Barton, Governance Manager
Kirsty Sweeney, Area Team Leader - Planning 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Amanda Hampsey, Mark Irvine and
Andrew Kain. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest intimated. 
The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland)
Act 1973 to exclude the press and public for the following item of business on the grounds
that it was likely to involve the disclosure of exempt information as defined in Paragraph
13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 
3. EMERGENCY TREE PRESERVATION ORDER 
The Committee gave consideration to a report recommending a Tree Preservation Order
be served on 4 individual trees within the garden ground of a property in Helensburgh. 
Decision 
The Planning Protective Services and Licensing Committee agreed the recommendations
contained within the submitted report. 
(Reference: Report by Executive Director with responsibility for Development and
Economic Growth dated 13 December 2024, submitted) 
Page 3 Agenda Item 3a

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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on MONDAY, 16 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Amanda Hampsey 
Councillor Daniel Hampsey
Councillor Graham Hardie
Councillor Fiona Howard
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Stuart McLean, Committee Manager
Alison MacLeod, Licensing Standards Officer
David Walker, Solicitor
Alan McMillan, Applicant
Bill Ball, Objector
Iain Hamilton, Objector
Frances Coyle, Objector
Margaret Ross, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Mark Irvine, Paul Kennedy and Liz
McCabe. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982, THE CIVIC GOVERNMENT
(SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER
2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE (A
MCMILLAN, ROTHESAY) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant proceeded by video call and Alan
McMillan joined the meeting by MS Teams. 
Bill Ball, Ian Hamilton and Frances Coyle, Objectors, also proceeded by video call and
joined the meeting by MS Teams. 
Margaret Ross proceeded by audio call and joined the meeting by telephone. 
The Chair invited the Licensing Standards Officer to speak to the terms of the report. 
Thereafter the procedure set out in Appendix 11 of the report was followed and the Chair
invited the Applicant to speak in support of his application. 
Page 5 Agenda Item 3b

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APPLICANT 
Mr McMillan acknowledged and advised that he appreciated neighbours’ concerns and
uncertainty about this application for a short-term let licence at his property.  He said that
he hoped his responses submitted to each of the objections raised gave some insight into
the high standards he kept himself to and expected from guests he accepted bookings
from. 
He addressed each of the points summarised at section 4.3 of the report as follows: 
Noise 
He advised that except for one neighbour directly above his property, the apartment was
self-contained.  The perimeter consisted of one side brick to brick with a coffee shop, who
had not objected to the application, the rear backed onto the bin store, and the front
directly onto the high street.  His closest neighbour resided at No. 2, which was divided by
an exterior wall, a walkway then another brick wall. 
He advised that he had installed a noise monitoring system in his flat, which would send a
text message to himself and anyone staying in the flat if noise levels went above a certain
point.  He would also be confirming to guests via both a digital and manual guest book of
neighbourhood considerations.  They would be asked not to play amplified music and to
keep noise to a minimum when entering and exiting the building.  He referred to some
Objectors asking if he could guarantee that noise levels would not rise, and he advised
that while others behaviour was out with his control, he would do as much as he could to
prevent this with the mitigation methods he was putting in place.  He said that he would
also be on call to deal with any issues. 
Privacy and Security 
He advised that all his guests were vetted by the booking providers and that no guests
were accepted without proof of identity.  They were given a PIN code to access the
building, which was only active while they were staying there and was deactivated once
they left. 
Vulnerable Residents/Government Purchase Scheme 
He referred to the Objectors advising that circa 2011, all flats were sold under a shared
equity scheme.  He pointed out that there were no longer restrictions placed on premises
in this scheme when purchased outright at 100%, which, he said, he had done. 
Bin Rota 
He referred to an informal agreement between the neighbours in respect of a bin rota and
advised that he would be happy to join this or introduce alternative arrangements.  He said
that his preference would be to liaise with his neighbours and be part of the community. 
QUESTIONS FROM OBJECTORS 
Mr Hamilton referred to a condition placed on the licence holder not to damage property. 
He said that Mr McMillan had not adhered to these rules as he had installed a key box
without approaching the other residents before doing so.  Mr McMillan advised that when
he first purchased the property he had contacted Fyne Homes about installing a key box
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and they had indicated they were fine for him to proceed.  He pointed out that there was
already a key box underneath his own key box, which held keys for entry into the building
by the factor. 
Ms Coyle sought and received confirmation from Mr McMillan that he would include an
instruction in the guest handbook that access to the lift and upper floors was not
permitted. 
Mrs Ross referred to there being several entrances into the building and if these were
used by guests they would be passing the windows and undermining the privacy of
residents living on the ground floor.  She asked what Mr McMillan could do to prevent this
from happening.  Mr McMillan advised that it is intimated in the guest hand book that the
door closest to his flat was the only entrance and exit from the building.  He said that he
planned to produce a You Tube video giving directions from the ferry directly into the
apartment.   
Mrs Ross referred to a lot of work being done on the flat and asked Mr McMillan if he
could clean up the area outside his flat as a lot of debris and dust had been left.  Mr
McMillan agreed he would ensure this was dealt with.  He said he wanted to be part of the
community and advised that if there was anything else he could do out with his apartment
in terms of the rest of the building he would be happy to contribute his fair share. 
OBJECTORS 
Bill Ball 
Mr Ball advised that this building was the old Court House and was different to tenements
and purpose built flats.  It was arranged on three sides of the building and looked over a
shared courtyard, with all the flats accessible by key fob.  He said it was an open
environment, different from a close with stairs. 
He said that access was not available to the general public, and that it was a quiet, open,
shared space, with flowering shrubs and large pots grown and tended by residents.  There
was also a shared drying area and a rota organised for bins.  He advised that if they had
any dealings with the factor they would hold meetings to make decisions.  He said that for
the first 12 years the flats were not available to the wider public.  Applicants were means
tested.  Individual flats have come on the open market since the passing of owners. 
He advised that the recent purchase of Flat 1 by Mr McMillan had challenged the
established dynamic of the Court House.  His intention of not using it as a home, and to
develop it as an Airbnb, meant there was a real shift in the whole fabric of the Court
House.   He said that to him, this was a change of use from a private dwelling house to a
business operated from a mainland address.  The temporary nature of Airbnb’s was
different from residents that lived in a property. 
He advised that the resident at flat No 2 would be most affected by guests arriving and
departing as this flat shared the entrance passageway with flat No 1.  He pointed out that
Mr McMillan would not be affected as he lived in Glasgow. 
He said that the flat had been redeveloped with a sure sense that the license was being
taken for granted.  He said the development had been imposed on the Court House
residents and that as a resident, he felt taken advantage of.  He advised that when he
went through the purchasing process with Fyne Homes it was made clear to him that the
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flats could not become Airbnbs.  He said this offered him security and that he welcomed
that.  He said this process was applied to all residents both present and future.  He
advised that this overall security had now gone and that this application opened the doors
to other uses in the Court House which, he said, would change the environment there.  He
said it would challenge the sense of community and shared ownership that had been
enjoyed for years. 
Iain Hamilton 
Mr Hamilton said that his main objection was that the proposal did not suit this unique
property.  Most of the owners bought their properties as the Court House was a secure
place to stay with key fob and this was confirmed in the title deeds which stated that the
flats could only be used as a private dwelling house and may not be used in any ancillary
capacity for any trade, business or profession.  He said Mr McMillan was getting round
this by advising that he was not taking any cash on the premises.  He referred to Mr
McMillan advising that he was a property developer and said that this was his business
model.  He referred to Mr McMillan advising that he would only allow lets of 3 days or
more.  He pointed out that the entrance to his flat was 1.5 metres from the entrance to flat
No 1.  He commented that as an Airbnb up to 5 people at a time could be entering and
existing the property at the same time, which would result in noise.  He said this noise
would be amplified as the close at this point was an echo chamber, and that this noise
would not be picked up by a noise sensor in the flat.  He said that his flat would be
impacted more than any other. 
He advised that he was upset that when the Licensing Officer came to visit the flat and
look around it, they did not visit the Objectors and discuss their problems.   
Frances Coyle 
Ms Coyle referred to Mr McMillan’s comments about concerns people would have with
new neighbours, and she pointed out that they would have this anxiety every 3 days.  She
said that she felt the security of the building had been compromised.  She advised that
they did not have a service button and that the door to the building was never open to the
public and was only opened by residents allowing access.  She added that they did not
want people in their courtyard with barbeques.  She said this would really destroy their
way of life.  She commented that this was a good community working together and that it
would be spoiled.  She said that she understood this was a business and that Mr McMillan
had to make money, but she questioned what this would cost to others in the other flats. 
She also commented on the Licensing Officer not visiting the other flats to see the
different layouts or speak to anyone. 
She advised that the main thing was the security aspect and concern that this would spoil
their way of life. 
Margaret Ross 
Mrs Ross advised that no one had been to view the building within the courtyard.  She
said this was not a typical tenement building and that when they entered from the street,
using a key fob and then closed the door, they were psychologically shutting themselves
off from the outside world even before opening the door to their own flat.  She said there
was a feeling of safety and security, which was a good feeling to have in these times when
not much responsibility and respect was shown. 
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She said they were living in different times and that if this licence was granted many
strangers would be coming and going, taking away that safety net from everyone living
there.  She referred to the intercom system set up in each flat for any visitors to the
property.  She said this was a security system.  She referred to Mr McMillan’s comments
about the bin rota and advised that was not one of their main concerns and was
something that could be easily resolved.   
She referred to Mr McMillan advising that he would only accept 3 night stays as a
minimum and that anything less would be subject to request and approval by Mr McMillan,
she said this was a contradiction.  She referred to Mr McMillan advising that a minimum of
3 night stays was to avoid renters coming at the weekends to “hit the pubs”.  She
commented that this was presumptuous of Mr McMillan and advised that she was not
interested as to why any renters would be coming to the island.   She also referred to the
entrance into the building leading to other entrances on the ground floor, and to the
bedroom windows facing onto the courtyard. 
She advised that they all felt their sense of community was being taken away and that this
has been a secure building and a safe place, since the flats first became available. 
She also advised that several owners within the Court building did not have a smart
phone, never mind access to the internet.  She said that they felt naïve and powerless to
raise their objections.  She said that those Objectors in attendance today were speaking
on behalf of those other residents. 
She said that for her, if the Committee granted this licence they would be removing the
privacy and security net from everyone within this complex. 
QUESTIONS FROM APPLICANT 
Mr McMillan had no questions but responded to a number comments made by the
Objectors. 
He referred to the restrictions that were put in place on each property back in 2011 and
advised that these were not in place now if a property was purchased outright. 
He referred to comments made about the noise detection system only detecting noise
within the property, and advised that the system allowed for an extension to the sensor
which he could extend to the outside of his property. 
He also referred to his reasons for a minimum 3 night stay.  He referred to having a good
track record with his other 2 apartments on the island and said that he had never had any
issues in the past with any renters.  He referred to getting a lot of hill walkers and that he
also had a contract with the NHS and received requests from the surgery to house a
doctor for one or 2 nights.  He said that was why he could potentially let a property for less
than 3 nights, depending on the reason why. 
Mrs Ross sought clarification from Mr McMillan on why he had initially displayed the notice
about applying for a licence, too high up for anyone to see.  Mr McMillan explained that he
had not wanted to put it on his front door as it would not have been seen by the general
public.  He said that by placing it in his window he thought it would have stood out more. 
He confirmed that once he was contacted by the Council to move the notice he had done
so and that he had also duplicated it and placed it where instructed and also placed a
copy on his front door.  He said that the notices were in place for 42 days.
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MEMBERS’ QUESTIONS 
Councillor Green sought and received confirmation from the Licensing Standards Officer
that it would not be relevant for the Committee to base their decision on the terms of the
title deeds and that this was a private matter for individual parties to resolve themselves. 
Councillor Green, referred to the title deeds not being a relevant matter for the licensing
authority and asked the Objectors if they had considered taking legal action in terms of
enforcing what was contained within the title deeds.   
Mr Ball said he wished he could take this matter to a court of law to get a ruling on it.  He
said he knew that Mr McMillan had approached a solicitor and got their opinion.  He said
he would like to be able to take this to a court of law to get it cleared up but none of the
residents had the funds to follow it up. 
Ms Coyle said that this was a clear breach of the title deeds but the problem was the cost
to go down the legal route at this time.  She said that if they had the resources they would
have gone down the legal route. 
Mr Hamilton commented that this legislation was brought in to protect premises like theirs. 
He said the Committee were putting them in a difficult position due to the costs.  He said
that if the Committee gave a licence to someone that could be breaking the law.  He said
that he thought the licensing authority should protect them by not giving the licence. 
Councillor Brown referred to the Committee not being able to take the title deeds into
consideration, even though they said the property could not be rented out, and she sought
clarification from the Council’s Solicitor on how the Committee could grant this licence.  Mr
Walker confirmed that the Committee should not be taking the title deeds into
consideration as it was not a relevant matter.  He said that the licensing authority could
not consider the title deeds  as these fall out with the remit of the licensing authority. 
Councillor Brown asked the Council’s Solicitor if the Committee should be looking at a
planning application for a change of use from a private dwelling to a short-term let.  Mr
Walker advised that was an issue for the planning department and fell out with the scope
of the licensing authority. 
Councillor Brown asked Mr McMillan if there was someone on the island that could be
contacted to deal with any issues if he was not around.  Mr McMillan explained that he
was on the island more often than not.  He said he was there a minimum of 50% of the
time and that the only reason he was not there 100% of the time was because he had 2
young children and he was not with their mum anymore.  He said he had the children 50%
of the time.  He said that when he was not on the island he had extended family that he
stayed with on the island and also family around the corner from the property.  He advised
that he also had a list of external contractors that could deal with any property issues
which arose.  He said that as a landlord he was very responsive to issues. 
Councillor Brown asked if there was someone on the island that could deal with an issue
such as noise quickly.  Mr McMillan said he would treat any guest the same way as he
would treat a neighbour.  He referred to the alert system he had in place and advised that
he would contact the guests direct and ask them to reduce any noise and point out they
were not adhering to the conditions of let that they had accepted.  He said that if there was
still an issue he would contact the Police about any noise disturbance.    He said that he
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had a good track record of dealing with any issues as they arose.  He said he hoped the
preventative measures he would put in place would help.  He said that he would be happy
to provide the neighbours with an alternative contact number of a family member on the
island. 
Councillor Armour asked the Objectors if any of them had taken legal advice on what was
stated in the title deeds.   
Mrs Ross said she never thought she would require legal advice on the title deeds at this
stage in life.  She said that they relied on them to be true.  She confirmed that she had not
sought any legal advice. 
Mr Ball advised that he had a conversation with a solicitor on the island that he had used
to purchase his flat about this issue and she had not been able to offer a definitive
response.  He said that he had asked what the next stage was for them and she had
indicated that they would need to appoint a solicitor who understood issues regarding
deeds and property and go to court to present that.  He said that at the moment it felt too
big a step to take. 
Mr Hamilton commented that the title deeds were written up before Airbnbs existed. 
Councillor Green sought and received confirmation from Mr McMillan that he
acknowledged the existence of the title needs. 
Councillor Green sought and received confirmation from Mr McMillan that he
acknowledged that it stated in the title deeds that “any flat is to be used as a private
dwelling house, and may not be used even in an ancillary capacity, for any trade, business
or profession” and that it also stated that “the flat must not be subdivided or occupied by
more than one family at a time”. 
In terms of the flat only being occupied by one family at a time, Councillor Green asked Mr
McMillan if he would be complying with that.  Mr McMillan advised that this was not stated
in the guest handbook at the moment.  He said that over the last 2 or 3 years, since
becoming a landlord, he had not known of 2 families staying at any of his properties at the
same time.   He said he would be happy to include that as a condition for anyone looking
to rent. 
Mr McMillan further advised that prior to purchasing the flat he had raised the title deeds
issue, and sought advice from, a solicitor and also raised the issue with Bute Property,
who were the Agent selling the property.  He said that the advice given was there would
be no issue with doing this because it was the opinion of the solicitor that as he was not
taking physical cash or using a cash machine on the premises, this would be no different
to a full time let where payment would go to an Agency, the Agency would take a fee, and
then pass the rest on to him.  On the basis of that advice, he said he decided to proceed
with the purchase. 
Councillor Blair said he was perturbed about the amount of focus being placed on the title
deeds.  He said it was his understanding this was a civil issue between the residents.  Mr
Walker confirmed that any issue with title deeds was a private civil matter and not a
material consideration for granting or not granting a licence. 
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Councillor Blair referred to having a good experience of having an Airbnb next door to his
own home and that he had met a range of people from all parts of the world.  He asked
the Objectors if they could see any advantage on meeting visitors from around the world.   
Mr Hamilton said their objection was not about who would come from abroad and want to
chat to them.  He said their concern was about the security of the Court House.  He said
he was concerned about noise late at night and about who could be wondering about late
at night.  He said he’d had this security for years and that this would be eroded.  He
referred to the key boxes on the front of the building and pointed out that this was a listed
building.  He suggested that these key boxes could be a breach of the listed status. 
Councillor Armour referred to concerns raised about noise and the mitigation measures
proposed to be put in place by the Applicant.  He suggested that with these mitigation
measures in place this could lead to less of an issue than if someone had brought the
property to live in.  He commented that someone could buy the property to live in it, be
unsociable and create noise.  He asked the Objectors if they felt the noise issue would
only happen with an Airbnb rather than someone who bought and lived in the property. 
Mr Hamilton advised that they would be able to get to know someone who bought and
lived in the property.  He said the problem was they would be getting someone different
every 3 days and they would not know who was coming and where from.  He said the
main problem was the impact on the security that they currently had within the Court
House. 
Mr Ball said that if an owner lived in the property on a long-term basis they would build a
relationship with them, as that was the way of life here.  He said you automatically had an
awareness of other people’s needs when living like this.  He said he was not sure this was
a viable argument.  He said he would feel at risk of approaching someone from the Airbnb
if they, for example, were smoking in the courtyard. 
Councillor Philand referred to what the Objectors had said about not knowing who would
be coming and going and when, and commented that Mr McMillan would know and that
each of his guests would be vetted in advance.  He asked the Objectors if they could think
of anything else that Mr McMillan could do to alleviate their anxiety.  Mr Ball said he did
not think so.  He commented that the bottom line was having an Airbnb in a community of
24 flats.  He said he did not think anything could be done. 
Councillor Green asked the Council’s Solicitor if the Committee could decide that Mr
McMillan was not a fit and proper person as he was seeking to circumvent any title deeds
that might be in place.  Mr Walker confirmed that he would advise against using that
argument as the title needs were out with the scope of the licensing authority and there
were no relevant planning objections either. 
Councillor Wallace asked Mr McMillan if he recognised that noise echoed around the
courtyard and that noise that would normally be acceptable would be amplified in that
setting.  Mr McMillan said yes, given the fact that it was on open area.  He advised that he
did not think it would echo throughout the building given the distance there was.  He
added that he felt that he has put all relevant measures in place to mitigate against any
risks. 
Councillor Blair asked Mr McMillan if he perceived himself to be a fit and proper person. 
He also asked if the courtyard was a no smoking zone for residents and visitors.  Mr
McMillan advised that in terms of the courtyard he did not know if it was legally a no
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smoking zone.  He said it was his personal opinion that this should be a no smoking area
and that he would be advising visitors not to smoke, even in the outside area.   Mr
McMillan said he was a fit and proper person and that he had experience as a landlord. 
He said this was his livelihood and that he provided for his 2 children on that basis.  He
said he took everything very seriously and commented that the licensing scheme was the
best thing that had come in as it separated the amateur landlords from the professional
landlords who want to uphold the code of conduct and do the best for guests and
residents. 
Councillor Blair sought and received confirmation from Mr McMillan that he hoped to have
a great relationship with the neighbours going forward to ensure that they could all work
together.  He said that he had great relationships with the neighbours of his other 2
properties on the island.  He said he understood that there were full time residents in
building and said that he owned the property and wanted to maintain it to a high standard. 
Councillor Howard referred to the title deeds.  She said it bothered her, as they seemed to
shelter the residents.  She asked the Council’s Solicitor if the Committee were to give the
go ahead for this and then the residents went to court and got clarification that their
interpretation of the title deeds was correct, would the Committee be guilty of doing
something illegal.  Mr Walker confirmed this would not be the case as external advice has
been received on this and the licensing authority should not take any consideration into
the title deeds. 
Councillor Blair asked the Applicant what his definition of a family was.  He commented
that in general terms you could have a family visiting your accommodation that consisted
of a mother, a father, a grandparent and children or an uncle.  He asked the Applicant if
he would consider that to be a family group and if he would consider 2 couples as friends
as 2 families in terms of the title deeds.  Mr McMilllan said that if you went by the title
deeds it would be one family at a time.  He said he took on board what Councillor Blair
said about different family groups and said he personally considered blood relatives as
family.  He said the accommodation was set up with 2 double beds.  He advised that he
had not opted for 2 single beds as that would have allowed 3 different parties to stay.  He
explained that he was applying for a license to accommodate upto 5, 2 people for each of
the double beds and a travel cot. 
SUMMING UP 
Objectors 
Mr Ball advised that he had nothing further to add and that all the issues that had been
raised were quite clear. 
Mr Hamilton referred to issues with technology and some of the residents not having
access to technology and the internet.  He said that there would have been more
objections to this application but due to how it was processed some people of an older
age were excluded to some degree. 
Ms Coyle confirmed she had nothing further to say. 
Mrs Ross also confirmed that everything had been covered. 
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Applicant 
Mr McMillan advised that most of the relevant points had been covered.  He said that he
was an experienced landlord and that he would carry out everything with integrity, driven
by his own set of values and that he tried to be respectful of everyone around him.  He
referred to the title deeds and said he appreciated what Mr Walker had said about them
not being relevant.  He advised that to him they were relevant and that was why he sought
legal advice before purchasing the property and he was advised they were not an issue. 
He referred to Mr Ball saying he would not know who was coming and going and advised
that he would be happy to share with residents dates when any guests were arriving or
leaving in the same way as he did with other people in the community.  He said that may
give them peace of mind to know when to expect guests. 
Mr McMillan confirmed that he would uphold all the conditions on the licence at all times. 
When asked, all the parties confirmed that they had received a fair hearing. 
DEBATE 
Councillor Green said this application made him feel uncomfortable.  He said he took on
board the advice received from Officers and advised that to some extent that reflected
national legislation.  He said he felt he had to say when something did not feel right and
this did not.  He advised that if he voted for the application to be granted it would not be
because it was the right thing to do, it would be because of the restrictions placed on the
Committee. 
Councillor Wallace advised that he had no concerns with Mr McMillan as an Applicant in
terms of the business he was doing elsewhere.  He said that he had concerns about noise
levels and that he knew that noise was amplified in the courtyard and passageways.  He
said he also took on board what the Objectors had said about security. 
Councillor Brown said she also felt uncomfortable.  She acknowledged that the title deeds
could not be taken into consideration and said that was what was making her
uncomfortable.  She said she had no issues with Mr McMillan and felt sure he had done
all he could to mitigate against any noise issues.  She said he was doing everything that
was asked of him and he was showing a willingness to speak to people and put things in
place.  She said she was reassured that if any issues occurred with people that were
renting they would be dealt with quickly and efficiently by Mr McMillan or someone else on
the island.  She said she did not think you could ask much more from a landlord.  She said
that she felt Mr McMillan had taken on board all the issues the Objectors have raised and
that he had done his best to put measures in place to address these. 
Councillor Armour was of a similar view to Councillor Brown.  He referred to the title deeds
and said the Committee had been through this before.  He commented that a couple of
years ago before this licensing scheme was in place, and if Mr McMillan had gotten the
same advice about the title deeds, this short-term let would just have gone ahead.  He
said that he agreed with Mr McMillan that the licensing scheme was a good thing. He
advised that this would weed out unscrupulous landlords.  He said he had sympathy for
the residents but the Committee had to act on what was in front of them and the legal
advice given was that the title deeds could not be taken into consideration.  He advised
that he thought Mr McMillan had done a lot to try and mitigate issues that may arise and
that he had done everything possible.  He confirmed that he would support Mr McMillan’s
application but that he fully appreciated the concerns the residents had.
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Page 15

Councillor Blair agreed with the comments made regarding some of the concerns and said
he was sure all of them would be mitigated by the steps put in place by Mr McMillan.  He
said he understood the concerns and commented that he’d had a good experience of an
Airbnb next door to his own home but that may not have been the case.  He advised that
going forward he hoped that the residents would have good dialogue with the Applicant to
iron out any problems.  He said he would be happy to accept the recommendations in the
report and approve the application. 
Councillor Philand said he echoed what had been said about the title deeds in respect of
concerns that if something was approved it could be legally challenged.  He advised that
Mr McMillan had given him as much reassurance as possible.  He said he understood the
concerns of the residents.  He referred to the references Mr McMillan had from his other
properties and said that they had demonstrated that he was responsible as the other
businesses seemed to be well managed and he thought that bowed well. 
Councillor Green said he thought that Mr McMillan had done everything he could but he
wished that he had not bought a property which had been built to address concerns of
housing need and which would now be used as a short-term let.  He said he agreed that
Mr McMillan had done everything he could to alleviate concerns. 
Councillor Brown said there were no material considerations that would allow the
Committee to refuse this.  She said she was not comfortable about the issue with the title
deeds but this was not something the Committee could consider.  She said she fully
believed that Mr McMillan had shown due diligence in seeking advice from his own
solicitor.  She said she did feel he was a fit and proper person and so would agree with
the recommendations in the report. 
Motion 
To agree to grant a short-term let licence to Mr McMillan subject to the additional
conditions detailed in the report in respect of anti-social behaviour, privacy and security,
littering and waste disposal, and damage to property. 
Moved by Councillor Jan Brown, seconded by Councillor John Armour. 
Amendment 
To continue consideration of this application to a future meeting to allow Members time to
prepare a competent Motion to refuse the application. 
Moved by Councillor Peter Wallace, seconded by Councillor Graham Hardie. 
A vote was taken by calling the roll. 
Motion   Amendment 
Councillor Armour  Councillor Green
Councillor Blair  Councillor A Hampsey
Councillor Brown  Councillor D Hampsey
Councillor Forrest  Councillor Hardie
Councillor Howard  Councillor Wallace
Councillor Philand
Page 15

Page 16

The Motion was carried by 6 votes to 5 and the Committee resolved accordingly. 
DECISION 
The Committee agreed to grant a short-term let licence to Mr McMillan subject to the
additional conditions detailed in the report in respect of anti-social behaviour, privacy and
security, littering and waste disposal, and damage to property. 
(Reference: Report by Regulatory Services and Building Standards Manager, submitted) 
Page 16

Page 17

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on MONDAY, 16 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Amanda Hampsey 
Councillor Graham Hardie
Councillor Fiona Howard
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Stuart McLean, Committee Manager
David Walker, Solicitor 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Audrey Forrest, Daniel Hampsey,
Mark Irvine, Paul Kennedy and Liz McCabe. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982, THE CIVIC GOVERNMENT
(SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER
2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE
(CAPTAIN FARQUHARSONS TORLOISK TRUST, KILBRENNAN FARM,
ULVA FERRY, ISLE OF MULL) 
The Committee Manager advised that this hearing was no longer required as the objection
submitted by the Council’s Roads Department had been withdrawn and therefore the
application could now be dealt with under delegated powers. 
DECISION 
The Committee noted that this hearing was no longer required and that the application
would be dealt with under delegated powers. 
(Reference: Report by Regulatory Services and Building Standards Manager, submitted) 
Page 17 Agenda Item 3c

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Page 19

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Amanda Hampsey
Councillor Daniel Hampsey 
Councillor Graham Hardie
Councillor Fiona Howard
Councillor Mark Irvine
Councillor Paul Donald Kennedy
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Alan Morrison, Regulatory Services and Building Standards Manager
Susan Mair, Legal Manager
Peter Bain, Development Manager
Sandra Davies, Major Applications Team Leader
Arlene Knox, Senior Planning Officer
Mark Lodge, Senior Planning and Strategies Officer 
1. APOLOGIES FOR ABSENCE 
An apology for absence was received from Councillor Andrew Kain. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. MINUTES 
a) The Minute of the Planning, Protective Services and Licensing Committee held on 13
November 2024 was approved as a correct record. 
b) The Minute of the Planning, Protective Services and Licensing Committee held on 20
November 2024 at 10.30 am was approved as a correct record. 
c) The Minute of the Planning, Protective Services and Licensing Committee held on 20
November 2024 at 2.30 pm was approved as a correct record. 
d) The Minute of the Planning, Protective Services and Licensing Committee held on 20
November 2024 at 3.30 pm was approved as a correct record. 
* 4. REVISION OF ARGYLL AND BUTE COUNCIL'S SHORT-TERM LET
LICENSING POLICY 
Consideration was given to a report proposing amendments to the Council’s Short-Term
Let Licensing Policy to reflect legislative changes introduced by the Civic Government
(Scotland) Act 1992 (Licensing of Short-term Lets) Order 2024, experience and
discussions with other local authorities, Scottish Government, the Short-Term Let
Licensing Team, customers and the Association of Scottish Self Caterers (ASSC). 
Page 19 Agenda Item 3d

Page 20

Decision 
The Committee: 
1. considered this report and the revised Short-Term Let Licensing Policy detailed in
Appendix 1; and 
2. recommended to Council approval of the revised Short-Term Let Licensing Policy. 
(Reference: Report by Executive Director with responsibility for Regulatory Services and
Environmental Health dated 2 December 2024, submitted) 
5. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE
REVIEW 
In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority
requires to fix maximum fares and other charges in connection with the hire of taxis
operating in their area and to review the scales for taxi fares and other charges on a
regular basis.  The new fare structure requires to come into force by 22 April 2025.  The
fares were last reviewed by Members on 21 June 2023 and took effect on 22 October
2023.   
Consideration was given to a report advising the Committee they were now required to
carry out a further review of taxi fares and other charges. 
Decision 
The Committee agreed: 
1. To propose an increase of 10% on tariff 1, tariff 2 and tariff 3 and that this take effect
from 22 April 2025; 
2. To authorise the Head of Legal and Regulatory Support to advertise this proposal and
to invite any responses within one month of the advertisement and report back to
Members at their meeting on 19 March 2025; and 
3. Should no objections or representations be received in relation to the proposal, to
delegate to the Head of Legal and Regulatory Support, in consultation with the Chair of
the PPSL Committee to conclude the review without the requirement for the
Committee to consider a further report. 
(Reference: Report by Executive Director with responsibility for Legal and Regulatory
Support dated 18 December 2024, submitted) 
Councillor Paul Kennedy declared a financial interest prior to debating the foregoing item
as he was a taxi driver and he left the meeting at this point. 
Councillor Audrey Forrest joined the meeting during presentation of the foregoing item. 
Councillor Paul Kennedy returned to the meeting at the conclusion of this item. 
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6. THE SCOTTISH GOVERNMENT: SECTION 36 CONSULTATION FOR
ERECTION OF 13 TURBINES WITH A MAXIMUM HEIGHT OF 180M, AND
ANCILLARY INFRASTRUCTURE, INCLUDING A BATTERY ENERGY
STORAGE SYSTEM (BESS): LAND APPROXIMATELY 4.7 KM NORTH OF
INVERARAY (REF: 24/00053/S36) 
The Senior Planning Officer spoke to the terms of the report and to supplementary report
number 1.  At the PPSL Committee on 20 November 2024 it was agreed to continue to
consideration of this proposal to allow for an outstanding issue regarding Noise to be dealt
with and the Energy Consents Unit agreed an extension to 19 December 2024 for
submission of a consultation response by the Council. 
Consideration was given to a recommended response to the Scottish Government’s
Energy Consents Unit and Deployment Unit consultation on the Section 36 Application for
the erection of 13 turbines with a maximum height of 180m and ancillary infrastructure
including a Battery Energy Storage System (BESS) at land approximately 4.7 km north of
Inveraray. 
This report reviews the policy considerations which are applicable to this proposal and the
planning merits of the development, the views of bodies consulted by the Scottish
Government along with other consultations undertaken by the Council, and third party
opinion expressed to the Scottish Government. 
It was recommended that the ECU be notified that Argyll and Bute Council does not object
to the proposed development and to recommend the ECU to consider mitigation and
conditions as detailed in supplementary report number 1. 
Decision 
The Committee agreed that the ECU be notified accordingly that: 
1. Argyll & Bute Council does not object on landscape and visual grounds, however,
recommends the following advice is considered by the Energy Consents Unit: 
Mitigation - Consideration should be given to the mitigation recommended by the
Council’s Consultant Landscape Architect: 
• There is scope to reduce effects on views from Glen Aray and from Dun na
Cuaiche by removing or substantially reducing the heights of Turbines 11 and 13.
This measure would also reduce intrusion from Loch Fyne, particularly in the
Strachur area and would negate adverse impacts (particularly if woodland were to
be removed in future) close to Inveraray at Viewpoint 4. It is additionally
recommended that off-site planting should be undertaken to extend screening
along the A819 and mitigate effects on views. 
• The applicant should also consider more ambitious landscape and biodiversity
mitigation and enhancement proposals in line with the aims of NPF4 Policy 3. The
proposed wind farm should form a catalyst to effect quicker and more far-reaching
improvement to uniform and, in places, poorly designed forestry. The proposed
Wind Farm Restocking Plan does not hugely differ from the baseline Restocking
Plan (see Figures 14.4 and 14.7) and more should be done to improve the angular
northern and south-eastern margins of productive forest. The planting of more
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extensive native woodlands should form part of the Biodiversity Enhancement
Management Plan (BEMP) and Wind Farm Forest Plan. Biodiversity and landscape
enhancement measures should not be confined to the site (which is limited by its
use as a productive forest) but should extend outside the site with the aim of better
integrating the forest with its surroundings and improving connectivity for wildlife. 
• The effects of visible aviation lighting are concerning particularly given the
considerable number of applications in Argyll & Bute where turbine lighting is
proposed. While it is accepted that the day-time effects of the proposal would be of
greater significance and would be likely to affect more people, consideration should
be given to future mitigation of the effects of lighting on the dark skies of Argyll. It is
therefore also strongly recommended that an Aircraft Detection Lighting System
should be installed at the earliest opportunity as this would reduce the duration and
impact of night-time lighting. 
2. Argyll & Bute Council recommends that the recommendations of the Local Biodiversity
Officer are considered by the ECU: 
• Floatation tracks must be used on areas of deeper peat to avoid disturbance. 
• While the impact to bats is unlikely to be significant, it would be advisable to
monitor any fatalities that may occur from collision as they are found to forage
within the wind turbine areas. 
• the applicant should include a clear plan of proposed fence siting, the type of
marking to be used, the distance from known lek sites, and programme of
monitoring fence for any potential black grouse carcasses. 
3. Argyll & Bute Council recommends that all conditions recommended by consultees
should be included in any Consent. 
(Reference: Report by Head of Development and Economic Growth dated 6 November
2024 and Supplementary Report Number 1 dated 3 December 2024, submitted) 
Councillor Daniel Hampsey left the meeting during consideration of the foregoing item. 
7. REGISTRATION OF LUING LOCAL PLACE PLAN 
Local Place Plans (LPPs) were introduced by the Planning (Scotland) Act 2019 with the
publication of the Town and Country Planning (Local Place Plans) (Scotland) Regulations
2021 and Planning Circular 1/2022.   
A report advising Members of the validation and registration of the Luing Local Place Plan
was considered. 
Decision 
The Committee agreed: 
1. to note the registration of the Luing LPP which has been made available on the
website as well as a hard copy at the Manse Brae Office; and 
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2. that future Local Place Plans would be brought to PPSL for noting and once registered
would be placed on the Council’s website. 
(Reference: Report by Executive Director with responsibility for Development and
Economic Growth dated 17 October 2024, submitted) 
8. UK GOVERNMENT CONSULTATION: ELECTRICITY INFRASTRUCTURE
CONSENTING IN SCOTLAND 
A report providing a summary of the proposals set out within the UK Government
consultation “Electricity Infrastructure Consenting in Scotland” was considered along with
a response approved by the Council’s Executive Leadership Team, which was submitted
prior to the consultation closing date of 29 November 2024.   
A further response including comments/amendments from the PPSL could be submitted if
necessary. 
Decision 
The Committee considered and approved the draft consultation response attached to this
report as Appendix 1. 
(Reference: Report by Executive Director with responsibility for Development and
Economic Growth dated 25 November 2024, submitted) 
Councillor Daniel Hampsey returned to the meeting during consideration of the foregoing
item. 
Page 23

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Page 25

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Amanda Hampsey
Councillor Daniel Hampsey
Councillor Graham Hardie 
Councillor Fiona Howard
Councillor Mark Irvine
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
David Walker, Solicitor
David Brown, Applicant
Sergeant Ben Rusden, Police Scotland 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Jan Brown, Audrey Forrest,
Andrew Kain and Paul Kennedy. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR
RENEWAL OF A TAXI DRIVER LICENCE (D BROWN, DUNOON) 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission.  For this hearing the Applicant opted to proceed by audio call
and Mr Brown joined the meeting by telephone. 
Police Scotland also opted to proceed by audio call and Sergeant Ben Rusden joined the
meeting by telephone. 
The Chair advised that this application had previously been before the PPSL Committee
on 18 September 2024 where it was agreed to continue consideration of the application
and hold a fresh hearing in 3 months time to allow the Applicant to reflect on concerns
raised by the Committee at that meeting. 
The Chair outlined the procedure that would be followed and invited the Applicant to
speak in support of his application. 
APPLICANT 
Mr Brown advised that he would be lost without his licence as it was his reason to get up
in the morning, to meet people, support his regular customers, and make some extra
money.  He said he was sorry for what had happened and that he accepted full
responsibility for his actions. 
Page 25 Agenda Item 3e

Page 26

QUESTIONS FROM POLICE SCOTLAND 
Sergeant Rusden confirmed that he had no questions. 
POLICE SCOTLAND 
Sergeant Rusden referred to a letter dated 17 June 2024 from the Divisional Commander,
which advised that the Applicant had been convicted of a road traffic offence and received
a fixed penalty and 3 penalty points as a result of an incident which had taken place on 3
May 2024.  He advised that Mr Brown had reported this incident to the Police when it
happened. 
QUESTIONS FROM APPLICANT 
Mr Brown confirmed that he had no questions. 
MEMBERS’ QUESTIONS 
Councillor Green sought and received confirmation from Sergeant Rusden that there were
no further incidents drawn to the attention of the Police since this application was before
the Committee in September. 
Councillor Green asked Mr Brown if he’d had time to reflect on his driving over the last 3
months.  Mr Brown said that there had been no issues. 
Councillor Blair asked Mr Brown if he’d had the opportunity of undertaking a driving
assessment as was suggested at the previous meeting.  Mr Brown advised that he had 2
or 3 friends that were advanced driving instructors and he had asked if they would sit with
him.  He said they had advised that this was not necessary as he had been driving for
years. 
Councillor Armour sought and received confirmation from Mr Brown that he was advised
that an assessment of his driving was not necessary.   
Councillor Green sought and received confirmation from Mr Brown that he had nothing
further to say about his driving.  He said that he took full responsibility for what had
happened and that he was very sorry for that. 
SUMMING UP 
Police Scotland 
Sergeant Rusden advised that Mr Brown had received the lowest level of penalty for this
type of incident as the gentleman involved had not received a significant injury.  He
confirmed that Mr Brown had reported the incident at the time and that it was also
reported by a member of the public and dash cam footage was obtained.   
Applicant 
Mr Brown said that he accepted full responsibility for what had happened and that he was
sorry.  He advised that he would be lost without his licence. 
When asked, both parties confirmed that they had received a fair hearing.
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DEBATE 
Councillor Hardie referred to Sergeant Rusden advising that the Applicant had received
the lowest penalty possible and advised that he felt that he had shown genuine remorse. 
He noted that the Applicant had received confirmation from advanced driving instructors
that there was no need to undergo a driving assessment and he advised that he could see
no reason not to accept the renewal of the licence. 
Councillor Armour sought and received confirmation from the Council’s Solicitor that the
Committee could grant the licence for a period less than 3 years. 
Councillor Blair sought and received confirmation from the Council’s Solicitor that the
Committee could grant the licence for a shorter period than the maximum. 
Councillor Blair referred to the previous hearing when the Committee heard that this was
the second time the Applicant had been involved in an incident with a pedestrian.  He said
he was disappointed that he had not taken the opportunity since the last meeting to
undertake some sort of driving assessment.  He said he was not sure if Mr Brown
understood the seriousness of the situation.   He advised that he understood he had to
make a living, and, having received confirmation that the Committee could grant the
licence for a period less than 3 years, he suggested granting the licence for one year as
he felt this would put his mind at rest. 
Councillor Irvine commented that he was not at the previous hearing.  He said that
Councillor Blair made some valid points, but having now heard that there had been a
previous incident, he had serious concerns about protection of the public.  He advised that
while he appreciated Mr Brown’s passion for the role, he shared Councillor Blair’s
concerns that some sort of driving assessment with a professional body had not been
undertaken since the last hearing.   He said he would have serious reservations about
even a one year renewal. 
Councillor Howard said that she had hoped that the delay in determining this application
would have given the Applicant the time to think about what had happened.  She advised
that she was also disappointed that a driving assessment had not been undertaken.  She
noted that he had received a minimum penalty for the last offence and as it was a while
ago, said she would be minded to grant the licence for one year, provided that, if anything
further was to happen, it would be reported to the Committee before the year was up. 
Councillor Green said it was his own view that there would be not much difference
between granting the licence for one year or 3 years as if another incident were to occur,
Police Scotland could report that to the licensing authority, which would trigger a further
hearing.  To grant for one year would mean the Applicant having to reapply in a years time
and, potentially, if the offence was still on the Police system, the Police may submit
another representation which would trigger another hearing.  He advised that for him, it
came back to the standards that Members would expect from a taxi driver, particularly
while on duty, and the impression the public would have of the licensing authority whether
the licence was granted or not. 
Councillor Armour sought and received confirmation from the Council’s Solicitor that this
hearing was for consideration of an application for renewal of a taxi driver licence, which
had been objected to, and was not as a result of the incident which had occurred. 
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Page 28

Councillor Armour sought and received confirmation from the Council’s Solicitor that when
the incident occurred this was not reported to the licensing authority. 
Councillor Howard advised that she thought if the licence was granted for one year this
would be at the back of Mr Brown’s mind and he would be more mindful and conscious of
the way he was driving.  She said she thought that would be more effective that granting
the licence for 3 years. 
Councillor Irvine advised that he was concerned that Police Scotland had not reported the
second incident to the licensing authority.  He said he was not sure if this was because of
the severity of the incident or because it was not flagged up on the system.  He advised
that he had concerns about protecting the public and waiting until something more serious
occurred.  He said he would not want to hear about a serious incident or fatality as a result
of the Committee not applying some sort of measure to protect the public.  He advised
that he was not minded to support renewal of the licence. 
Motion 
To agree to grant the renewal of Mr Brown’s Taxi Driver Licence for one year. 
Moved by Councillor Graham Hardie, seconded by Councillor Fiona Howard. 
Amendment 
To agree to refuse the renewal of Mr Brown’s Taxi Driver Licence on the grounds of public
safety. 
Moved by Councillor Mark Irvine, seconded by Councillor Kieron Green. 
A vote was taken by calling the roll. 
Motion   Amendment 
Councillor Armour  Councillor Blair
Councillor A Hampsey Councillor Green
Councillor D Hampsey Councillor Irvine
Councillor Hardie
Councillor Howard
Councillor Philand
Councillor Wallace 
The Motion was carried by 7 votes to 3 and the Committee resolved accordingly. 
DECISION 
The Committee agreed to grant the renewal of Mr Brown’s Taxi Driver Licence for a period
of one year and noted that he would receive written confirmation of this within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
Page 28

Page 29

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 DECEMBER 2024 
Present: Councillor Kieron Green (Chair) 
Councillor Amanda Hampsey
Councillor Daniel Hampsey
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Mark Irvine
Councillor Dougie Philand
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Susan Mair, Legal Manager
Steve McIntyre-Stewart, Objector
Samantha Border, Interested Party
Allan McCandlish, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors John Armour, Jan Brown, Audrey
Forrest, Andrew Kain and Paul Kennedy. 
2. DECLARATIONS OF INTEREST 
Councillor Fiona Howard declared a non-financial interest in both applications as she was
a neighbour of the Applicant and new them well.  She left the meeting at this point. 
The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland)
Act 1973 to exclude the press and public for the following 2 items of business on the
grounds that they were likely to involve the disclosure of exempt information as defined in
Paragraph 3 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act
1973. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATIONS FOR
GRANT OF PRIVATE HIRE CAR LICENCES 
The Chair welcomed everyone to the meeting.  In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the options for
participating in the meeting today.  The options available were by video call, by audio call
or by written submission. 
For these hearings Steve McIntyre-Stewart, Objector, opted to proceed audio call and
joined the meeting by telephone along with Samantha Border. 
Allan McCandlish, Objector, opted to proceed by video call and joined the meeting by MS
Teams. 
There were 2 Private Hire Licence Applications before the Committee for consideration
and before proceeding further the Chair invited the Legal Manager to provide an update to
the Committee. 
The Legal Manager advised that the Applicant had requested a continuation of both these
applications to a future meeting to allow him the opportunity to seek legal advice. 
Page 29 Agenda Item 3f

Page 30

(a) Tartan Wolf Group, Cove, Helensburgh (Nissan Leaf) 
DECISION 
The Committee agreed to continue consideration of this application to a future
meeting. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
(b) Tartan Wolf Group, Cove, Helensburgh (Skoda Superb) 
DECISION 
The Committee agreed to continue consideration of this application to a future
meeting. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
Page 30

Page 31

Argyll and Bute Council
Development & Economic Growth   
Delegated or Committee Planning Application Report and Report of handling as required
by Schedule 2 of the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle
____________________________________________________________________________ 
Reference No: 24/01249/PP
Planning Hierarchy: Local Development 
Applicant: Lorne Thomson
Proposal: Change of use of land to vehicle parking/storage, including laying
of hardcore, erection of boundary wall and formation of access (part
retrospective)
Site Address:  Land West Of BT Telephone Exchange, Garelochhead
____________________________________________________________________________  
SUPPLEMENTARY REPORT NO. 1 
(A)  INTRODUCTION 
This application is to be presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 22nd January 2025. 
The purpose of this Supplementary Report is to bring the planning file up to date to include
details of the late supporting representations submitted. 
______________________________________________________________________ 
(B) REPRESENTATIONS     
Late Representations 
Following the completion of the Officer’s Report on 01.11.2024 a further 22
representations were lodged in support of the application:
1. Caroline Colquhoun, 4 West Daladhill Lane, Garelochhed, Helensburgh, G84 0BE,
Received 18.11.2024
2. Cllr Maurice Corry, Received 13.11.2024
3. Iain Exley, 8 Malcolm Place, Helensburgh, G84 GHP, Received 15.11.2024
4. Liam Flanagan, 11 Upland Wynd, Garelochhead, G84 0BL, Received 13.11.2024
5. Denis Foster, Flat 3, Dalandhill East, Dalandhill Lane, Garelcohhead, G84 0BE,
Received 11.11.2024
6. Sarah Gordon, Uisken, Feorlin Way, Garelochhead, G84 0DF, Received 11.11.2024
7. Robert Griffiths, Rannochbrae, Station Road, Garelochhead, G84 0BD, Received
18.11.2024
8. Justin Kimmett, Duntorquil, Portincaple, Helensburgh, G84 0CU, Received
15.11.2024
9. Gemma Kimmett, Duntorquil, Portincaple, Helensburgh, G84 0CU, Received
15.11.2024
10. William Mitchell, Willow Barn, Glen Fruin, Helensburgh, G84 8YT, Received
18.11.2024
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11. Katie Morley, 214 West Princess Street, G84 8HA, Received 13.11.2024
12. Jason Pocock, Camsail Cottage, Rosneath, Helensburgh, G84 0QR, Received
13.11.2024
13. Julieann Powell, 14 Collins Road, Helensburgh, G84 7UA, Received 11.11.2024
14. Anthony Robson, 10 Townhead Road, Helensburgh, G84 7LX, Received
11.11.2024
15. Alice Samara, 1 /2 Stroul Lodge, Clynder, G84 0QA, Received 15.11.2024
16. Karen Shaw, 12 Tomamhoid, Rosneath, Helensurgh, G84 0RE, Received
15.11.2024
17. Susan Slade, Duntorquil, Feuins Road, Portincaple, Helensburgh G84 0EU,
Received 18.11.2024
18. Kevin Small, 51 Malcolm Place, Helensburgh, G84 9HN, Received 13.11.2024
19. Kayla Smith, 214 West Princess Street, Helensburgh, GB4 8HA, Received
13.11.2024
20. Lewis Syme, Willow Bank, Rowmore Estate, Garelochhead, G84 0EH, Received
15.11.2024
21. Unknown, Mayfield, Old School Road, Garelochhead, Helensburgh G84 0AT,
Received 13.11.2024
22. D West, 6 Strathfillan Terrace, Crianlarich, FK20 8QW, Received 12.11.2024 
The matters raised in the further representations are summarised below:
• The proposal will help alleviate local parking issues
• The proposal will improve the condition of the site which is an eyesore 
• The proposed planting will help screen the site form the public road 
The expressions of support do not raise any new matters that have not already been
addressed in the original Report of Handling before Members. 
____________________________________________________________________________ 
(C) RECOMMENDATION   
That Members note the content of this report which does not introduce any new
information that has not already been addressed in the original Report of Handling. 
The recommendation of the Planning Authority remains that planning permission be
Refused in line with the reasons appended to the original Report of Handling. 
______________________________________________________________________ 
Author of Report: Emma Spence   Date: 09.01.2025 
Reviewing Officer: Kirsty Sweeney             Date: 09.01.2025  
Fergus Murray 
Head of Development and Economic Growth 
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Classification: OFFICIAL 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 24/01249/PP
Planning Hierarchy: Local
Applicant: Lorne Thomson
Proposal: Change of Use of Land to vehicle parking/storage, including laying
of hardcore, erection of boundary wall and formation of access
(part-retrospective).
Site Address:  Land West Of BT Telephone Exchange, Garelochhead, Argyll &
Bute    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Change of use of land to form vehicle parking 
• Creation of access
• Erection of boundary wall
• Laying of hardcore 
(ii) Other specified operations
• Landscaping 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission be refused for the reasons appended to
this report. 
(C) CONSULTATIONS:   
ABC Local Biodiversity Officer
Date Consulted: 02.09.2024     Response Received: 10.10.2024 
• The site extends to 0.19ha of historic woodland (now hard surface), with
McCauley Burn to the south and east. The site had suitable habitat present for
European Protected Species (EPS) and Protected Species (PS). 
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Classification: OFFICIAL
• The applicant states “It is acknowledged that in 2019 trees were removed from
the application site. As noted above these trees were poor quality and self-
seeded, and more importantly the site was being invaded by Japanese
Knotweed.” 
• If the woodland had not been removed, I would have needed the following
information from the applicant:
a) European Protected Species, Protected Species (mammals, fish, birds, reptiles,
and amphibians) surveys that would have need to be carried out prior to any
works commencing. The trees may have had potential for roosting bats, red
squirrels, pine marten, and breeding birds.
b) Tree Survey to show the condition, species, age and conservation value of the
trees within the site area. This would show if the trees were of poor quality and
self-seeded. In accordance with NPF4 Policy 6, woodland removal is only
supported under certain conditions. If would also be useful to see the
discussions with Scottish Forestry of proposed tree felling advice to help clarify
this.
c) Method of Japanese Knotweed removal and its management plan. Invasive
non-native species need set protocols to be followed for their clearance. 
Recommendations
• Details of the location, species, and size of every tree/shrub they propose to
plant.
• A programme of tree/shrub planting to show timings, method of implementation,
completion, and on-going maintenance and monitoring.
• The agreed tree planting scheme should be completed within the first planting
season (October – April).
• A programme of the invasive non-native Japanese Knotweed (Fallopia
japonica) clearance to show its location, and timings and method of removal.
• Works to be carried out outwith the optimum time of spawning sea trout
(October to January) to avoid impact on them.
• The proposed site / landscape design shows improvements to the site as it
stands now. There is still a lack of connectivity at the south part of the car park,
and I would recommend the native woodland on either side be continued
through to meet one another. 
• However, with regard the land as it was, prior to unauthorised tree feeling, the
proposed site / landscape design does not follow NPF4 Policy 3 or Policy 6
guidance. 
ABC Development Policy Officer
Date Consulted: 02.09.2024    Response Received: 11.10.2024
• The application site sits within an Open Space Protection Area (OSPA). The
southern part of the OSPA was considered in the Examination stage of LDP2.
The Reporter notes that “although not appearing to have significant informal
recreational use, [it] nevertheless contributes significantly to the character and
amenity of the village. The application site itself forms a small part of this. 
• Policy 81 of LDP2 sets out that “partial loss of such areas to development can
unacceptably erode either their individual integrity and function or the integrity
of our wider blue and green infrastructure”, and as such a robust justification is
required. 
• In the assessment of this application careful consideration should be given to
parts (a) and (e) of Policy 81. The application site is a minor part of the overall
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Classification: OFFICIAL
OSPA however an assessment requires to be made in terms of whether the
development would affect the integrity of the overall OSPA as well as the
character and amenity value within the village. Whilst this part of the OSPA
does not appear to provide a functional link through the wider OSPA due to the
presence of a watercourse, prior to the recent removal of trees it contributed
towards the integrity of the green infrastructure and associated amenity value. 
ABC Roads Authority
Date Consulted: 29.08.2024     Response Received: 19.09.2024
No objection, subject to conditions regarding formation of access and drainage.
Further clarification confirms that parking bays and turning/manoeuvring space is
not required if site is to be used as private car storage (rather than publicly
accessible car parking). All vehicles required to enter and exit site in forward gear. 
Ministry of Defence
Date Consulted: 29.08.2024       Response Received: 27.09.2024
No objection 
SEPA
Date Consulted: 29.08.2024   Response Received: 29.08.2024
Below threshold for comment, advised to refer to consultation standards 
Environmental Health
Date Consulted: 29.08.2024  - No Response 
Flood Risk Consultants
Date Consulted: 29.08.2024- No Response 
(D) HISTORY:   
Planning Enforcement
21/00049/ENOTH3 – Unauthorised Use of Land for the storage of vehicles [Open] 
Planning Application Adjacent site
20/01822/PPP - Site for the erection of dwellinghouse and public realm enhancements
[Refused] – Application initially included this site within the red line boundary, but did not
form part of the final submission. 
(E) PUBLICITY:   
Helensburgh Advertiser
Date Published: 12.09.2024  Date of Expiry: 03.10.2024 
(F) REPRESENTATIONS:   
(i) Representations received from: 
22 representations have been made in response to this application. 2 neutral
representations and 20 representations in support of the application are made:
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Classification: OFFICIAL 
Neutral:
1. Nicholas Beevers, Buchanan Castle Golf Club, Buchanan Castle Estate,
Drymen, G63 0HX
2. Sarah Borrows, Glenelg Old School Road, Garelochhead, G84 0AT
Support
1. Emily Pullar, 4 Dalandhui Mews, Dalandhi Lane, Garelochhead, G84 0BE
2. Gordon Russell, Achnashie Cottage, Rosneath, G84 0QU
3. Mike Austin, Rosneath Helensburgh G84 0QR
4. Elizabeth Macintosh, 106E Sinclair Street, Helensburgh,  G84 9QE
5. D Ross, 2 St Modans Howe, Garelochhead, G84 0DR
6. Amanda Kennedy, 8 Dunivard Place, G84 0AA
7. John Murrin, 105 Feorlon Way, Garelochhead G84 0EB
8. Stewart Dixon, 5 Greenfield Way, Garelochhead G84 0BN
9. Jamie Kjorstad, 1 Feorlinbreck, Garelochhead, G84 0DT
10. Gerard Quigley, 91 Feorlin Way, Garelochhead, G84 0DX
11. Claire Balneaves, 23 Redgauntlet Road, Helensburgh, G84 7TW
12. Steven Street, Tangaroa, Fairfield Gardens, Kilcreggan, G84 0HS
13. R Madden, 16 Almora Drive, Dumbarton, G82 1AE
14. Craig Wilson, 7 Machrie Drive, Helensburgh, G84 9EJ
15. Margaret Johnson, 14 Ferry Road, G84
16. Greig Dixon, 42 Linn Walk, Garelochhead, G84 0DS
17. Catherine Bennett, 2 Bruce Court, Succoth, Arrochar, G83 7BF
18. Mr &Mrs Cowan, The Haven East, Old School Road, Garelochhead, G84
0DR
19. Sandra Prout, 35 Old School Road, Garelochhead, G84 0AT
20. George Freeman, Garelochhead Residents Association (two letters of
support submitted) 
Representations are published in full on the planning application file and are available
to view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
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Classification: OFFICIAL
Neutral
• To consider the value of the burn as a spawning burn for sea trout. The burn is
highly productive for sea trout 
• An invasive plant management plan is needed to ensure knotweed on the site is
managed 
Officer Comment: This is noted. In consultation with the Council’s Biodiversity
Officer a number of species and habitat surveys would be required for
development at this site and mitigation in relation to sea trout spawning season
This is considered in the assessment below.
• Reassurances are required that vehicles will not be washed here, that there is no
storage of end of life vehicles or waste from the Applicant’s garage business. 
• The bank revetment done in 2020 was not initially done under CAR license and we
do not know what material was pushed down behind the stone rep-rap which was
installed 
Officer Comment: SEPA confirms that a CAR License was granted and there are
no concerns for the work that was undertaken. A copy of the CAR License is also
submitted with this application. The storage of end-of-life vehicles on site is not
proposed as part of this application. Nonetheless, a planning condition could be
applied to ensure environmental and residential amenity. 
• Any further surface laid on the area is fully permeable and does not increase the
flood risk to several private properties downstream. 
• There can be considerable pressure on the Burn which can overspill its banks until
the tide turns. Any increased run-off from the site might be problematic. 
Officer Comment: suitable materials and construction methods are also advised
in the Applicant’s own flood survey report. Materials, drainage and water
management could be secured by planning condition.
• Can the Council amend the planning section so objections and letters of support
be done via the website. 
Officer Comment: Applications are available for public viewing on the Council’s
website, where representations can be made directly to the application.
Support
• The current land is vacant and derelict and an eyesore. The proposed design
would be an improvement to the condition of the land. 
Officer Comment: The current condition of the land is the result of unauthorised
development of a greenfield site by the Applicant. This application seeks to remedy
the breach in planning control and proposed design and landscaping improvement.
This is discussed further in the assessment below.
• The car park is a great use of the derelict land 
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Classification: OFFICIAL
Officer Comment: Prior to the unauthorised development this land was not
derelict or vacant, but a wooded space forming part of the community’s Open
Space Protection Area 
• The erection of a retaining wall would make the area more attractive and give a
better first impression to the village. 
Officer Comment: The proposed design and siting of this application is
considered in the assessment below. 
• Planting woodland to screen the site will only enhance the look of the village and
encourage more wildlife 
Officer Comment: The application proposes some landscaping and planting in a
bid to mitigate the harm to biodiversity following the unauthorised development of
this greenfield site. This matter is discussed further in the report below. 
• The proposed car parking will benefit the community as it will help alleviate parking
issues in the village- particularly on the residential streets surrounding the car
garage. 
• It would be hard to make a case against extra parking in the village. 
Officer Comment: The proposed development is to create/ regularise the private
vehicle storage yard for use by the Applicant in association with his garage
business. There is no public access or parking proposed. The site has been
actively used since 2021 and parking issues associated with the Applicant’s
business operations have persisted. In the event this application was approved,
there is no planning mechanism to ensure the Applicant does not store vehicles
associated with his business on the public road. This matter is discussed further in
the report below. 
• The garage is a vital part of the community, offering jobs and vital car repairs. 
• This application is from the largest employer in the community and this application
is required to support growth of this important business. 
Officer Comment: This matter is assessed alongside NPF4 Policy 26 (Business
and Industry) and LDP2 Policy 22 (Economic Development) in the body of the
report. 
• The application site is part of the OSPA that has long been degraded. This site
represents only 10/12% of the overall OSPA. 
Officer Comment: The harm to the OSPA designation and significant conflict with
the Local Development Plan is outlined in the report below. The existing
‘degradation’ of the site is a result of the unauthorised development of the site by
the Applicant. This retrospective application seeks to formalise this development,
with proposed landscaping and boundary treatment. 
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Classification: OFFICIAL
• Although a number of trees were removed, these were of poor quality and self-
seeded. The site was also contaminated by Japanese Knotweed. 
Officer Comment: This matter is considered in the report below. 
• This site is not considered important to birds and wildlife within the village. 
Officer Comment: Biodiversity implications are considered in the report. 
• Garelochhead Residents Association are amazed and disappointed that Planning
Officers are likely to recommend refusal, partly because the application site is part
of an Open Space Protection Area. 
• There are a large number of representations supporting this application. There
have been no representations from the community objecting to this application 
Officer Comment: The recommended reasons for refusal are set out in the report.
Whilst the proposal is subject to public support, the matters raised are not
considered sufficient justification to merit a departure from the relevant provisions
of the Local Development Plan. In light of the public support for the proposal
contrary to officer recommendation, the application has been referred to the
Planning, Protective Services, and Licensing Committee (PPSL) for determination. 
•  A site visit by the PPSL Committee is requested. 
Officer Comment: This application is not considered to be of sufficient complexity
or novel issue to merit a site visit by Members. Nonetheless, the decision to
complete a site visit prior to the determination of this application remains with
Members. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☐Yes ☒No 
(iv) A Sustainability Checklist  ☒Yes ☐No 
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Classification: OFFICIAL
Flood Risk Assessment Report compiled by Gavia
Environmental (28/03/2024). 
• Level 3 Flood Risk Assessment (FRA) including
hydraulic modelling for a proposed development.
• According to the SEPA Flood Maps (SEPA 2021),
there is high risk (1 in 10 year) of a fluvial flooding
across most of the Site associated with McAuley Burn.
Overall, the Site building is considered to be at high
risk from fluvial flooding.
• The Site is not at risk of surface water flooding within
the Site boundary. There is an area of medium risk (1
in 200 year) of surface water flooding in association
with the dip in the B782 road. Overall, the Site is
considered to be at little or no risk from surface water
flooding.
• There is an indicative high risk (1 in 10 year) of coastal
flooding along McAuley Burn. Lower risk events
encroach into the Site, however, the majority remains
free from flooding. Overall, the Site is considered to be
at medium risk from coastal flooding.
• The Site is considered to be at little or no risk from
groundwater flooding.
• There is no indication that hazard from infrastructural
sources is present in the nearby area and assuming
proposed drainage is designed to relevant standards,
infrastructural flooding would typically pose little to no
risk.
• During the 1 in 200 year event there would be no
inundation, outwith McAuley Burn banks, within the
Site or roadway. Including climate change allowances,
the maximum water level would reach 5.19m AOD and
flow back into the roadway. 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No 
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Classification: OFFICIAL
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 6 – Forestry, Woodland and Trees 
Liveable Places            
NPF4 Policy 14 – Design, Quality and Place            
NPF4 Policy 20 – Blue and Green Infrastructure            
NPF4 Policy 22 – Flood Risk and Water Management 
Productive Places
NPF4 Policy 26 – Business and Industry 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places
Policy 05 – Design and Placemaking
Policy 06 – Green and Blue Infrastructure
Policy 10 – Design – All Development
Policy 14 – Bad Neighbour Development 
Sustainable Communities
Policy 55 – Flooding 
High Quality Environment
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 77 – Forestry, Woodland and Trees
Policy 78 – Woodland Removal
Policy 81 – Open Space Protection Areas 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. 
• Third Party Representations
• Consultation Reponses
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Classification: OFFICIAL
• Planning History
• SEPA Flood Mapping
• The Scottish Government’s Policy on Control of Woodland Removal
• DPEA  PPA-130-2090 (Planning Permission Appeal) 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
(M) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
A number of representations of support have been received in response to the proposal.
The recommended decision to refuse this application conflicts with the body of public
support. However, this is a local application that conflicts with the development plan, and it
is considered that the proposal does not raise complex or novel issues that require
discussion by way of hearing. As such, it is considered unlikely that a pre-determination
hearing would add significant value to the decision-making process. 
(O)(i) Key Constraints/Designations Affected by the Development:
• Open Space Protection Area 
(O)(ii) Soils
Agricultural Land Classification:  N/A
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No ☒N/A
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☐No ☒N/A 
(O)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☒Yes
☐No 
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Classification: OFFICIAL
See assessment below re removal of
woodland and relevance to the proposed
development. 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☒No details to be secured by condition
☐N/A  
(O)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  ☐Brownfield
☐Brownfield Reclaimed by Nature
☒Greenfield 
ABC LDP2 Settlement Strategy 
☒Settlement Area
☐Countryside Area
☐Remote Countryside Area
☐Helensburgh & Lomond Greenbelt
ABC LDP2 Allocations/PDAs/AFAs etc: 
(P) Summary assessment and summary of determining issues and material
considerations 
The Proposal
This application seeks to regularise the existing unauthorised use of land as a
vehicle storage yard. The proposed use is required to support the Applicant’s
garage business located within the centre of Garelochhead. This retrospective
application is made following planning enforcement action (case reference:
21/00049/ENOTH3). An application was not encouraged given the clear and
significant conflict with the Local Development Plan. 
The Site
This is a prominent site that sits at the junction with the B872 Whistlefield Road
towards Portincaple to the North and the B833 to the Rosneath Peninsula to the
south. The site is within the Bendarroch Park Open Space Protection Area which
encompasses land to the north of the B833 and land to the south. The site has not
been previously developed and is a greenfield site. 
Design & Siting
The proposed low stone boundary and planting would improve the current condition
of the land and help to lessen the existing visual harm of the vehicle storage yard in
line with accepted design principles. However, the storage of vehicles at this
prominent site in an incongruous use within the surrounding woodland and
greenspace. The loss of the visual amenity afforded by the greenfield site is not
considered to be outweighed by the proposed design improvements. There is
therefore a conflict with Placemaking principles set out in the Local Development
Plan. 
Biodiversity 
The site is bounded on two sides by the McAuley Burn. Native riparian edge
woodland frames the southern bank of the Burn and, prior to its removal, connected
with the native woodland of the proposed development site. Whilst trees have also
been removed from the adjacent land, there still exists substantial woodland habitat
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Classification: OFFICIAL
to support localised nature networks and those of the riparian corridor within and
alongside the Burn. 
The proposed fragmentation of the OSPA and development of this site is likely to
disrupt localised nature networks contrary to the Local Development Plan.
However, there is the potential to secure compensatory planting and biodiversity
enhancement plan by Condition to create and strengthen localised nature networks
and to mitigate the impact of the development. 
Open Space Protection Area
The development site is relatively modest in size and scale within the Settlement
Area; however, the proposal comprises greenfield development within a designated
Open Space Protection Area, without sufficiently meeting the exceptions set out
within LDP2 Policy 81 (Open Space Protection Areas). 
The proposed greenfield development would constitute a loss of amenity open
space, that would have an adverse impact upon biodiversity, and which fails to
respect the landscape character of the area. It is considered that the built
development and highly visible use of vehicle storage has a significant impact upon
the amenity value of the site and the wider OSPA, contrary to the Local
Development Plan. 
Economic Policy
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. Nor is it
adequately explained how the existing garage site is insufficient to support the
Applicant’s business operations, or how the additional storage space in this location
would support the business. 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. 
Conclusion
Whilst the proposed improvements to the existing unauthorised development will
enhance the condition of the site, there remains significant conflict with the Local
Development Plan. 
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 concerns within the Settlement centre. However, the proposed greenfield
development is to create a private vehicle storage yard for the use of the Applicant
and presents no discernible wider public benefit to justify the departure from the
Local Development Plan. 
The development site is within a designated Open Space Protection Area as set
out in LDP2 Policy 81 (Open Space Protection Areas). The proposed development
would contribute to the fragmentation of the OSPA and actively devalues the
amenity value of the greenspace, and of the wider OSPA. 
The proposal does not give rise to wider economic benefit, and it has not been
adequately demonstrated that this development accords with NPF4 Policy 26
(Business and Industry) and LDP2 Policy 22 (Economic Development). 
The proposed development conflicts with the Local Development Plan, with no
significant material considerations to justify this departure. For the reasons set out
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Classification: OFFICIAL
in the proposed Reasons For Refusal (below), it is recommended that planning
permission should be refused.   
A full report is provided in Appendix A. 
(Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No 
(R) Reasons why Planning Permission Should be REFUSED: 
The proposal is considered to be in conflict with the relevant provisions of the
Development Plan, and there are no other material considerations of sufficient
significance to indicate that it would be appropriate to grant planning permission
having regard to s25 of the Act. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Emma Spence Date: 01.11.2024 
Reviewing Officer: Kirsty Sweeney Date: 01.11.2024 
Fergus Murray
Head of Development & Economic Growth 
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Classification: OFFICIAL
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 24/01249/PP 
1. The proposed development 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):
a) The greenfield development is not allocated for this proposed use, contrary to
NPF4 Policy 09.
b) The proposed use on greenfield site is not compatible with the surrounding
land use and designation as Open Space, contrary to LDP2 Policy 01.
c) The proposed use does not make efficient use of vacant or derelict land and
would devalue the amenity open space, contrary to LDP2 Policy 04.
d) The proposed development would lead to fragmentation of the OSPA to the
detriment of visual amenity and character of the area and of the wider
designation, contrary to LDP2 Policy 81.  
2. There is significant conflict with NPF4 Policy 26 (d) (Business and Industry)
and LDP2 Policy 22 (Economic Development):
a) The site is not allocated for Business and Industry use, and it has not been
adequately demonstrated that there are no suitable alternatives allocated in
the LDP, nor that the nature and scale of the activity will be compatible with
the surrounding area contrary to NPF4 Policy 26 (d) and LDP2 Policy 22.
b) It has not been adequately demonstrated that the development proposal
meets the terms of LDP2 Policy 22 (b). 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  24/01249/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. The Proposal
1.1 This retrospective application is made following planning enforcement action (case
reference: 21/00049/ENOTH3). This application seeks to regularise the existing
unauthorised use of land as a vehicle storage yard and the creation of an access and laying
of hardstanding. This application also proposes the erection of a boundary wall and
landscaping. The storage of vehicles is required to support the Applicant’s garage business
located within the Garelochhead centre. 
2. The Site
2.1 The site is located in the Settlement Area of Garelochhead at the junction of Whistlefield
Road (B872) from the North and the B833 southbound towards the Rosneath Peninsula. The
west and south of the site is edged by the McAuley Burn. The site is within the Bendarroch
Park Open Space Protection Area which encompasses land to the north of the B833 and land
to the south. The Applicant also owns an area of the OSPA designated land to the south of
the site, although this is not included within a blue line boundary within the application. The
site has not been previously developed and is a greenfield site. 
3. Design & Siting
3.1 This is a prominent site that sits at the junction with the B872 Whistlefield Road towards
Portincaple to the North and the B833 to the Rosneath Peninsula to the south. Previously
the site contributed to the tree-lined entrance to the settlement centre from this direction,
with woodland on either side of the B872 creating an attractive green buffer zone between
residential properties to the west and Garelochhead centre to the east. Currently, the site is
secured by the long-term use of Heras fencing with hard standing facilitating the informal
storage of vehicles on site. 
3.2 The proposed low stone boundary wall would provide a uniform boundary treatment to
this side of the road, continuing the stone wall at the road bridge and that of the adjoining
land (telephone exchange). The wall would also mirror the existing low stone wall on the
opposite side of the road, improving the overall street scene and thoroughfare into
Garelochhead centre. 
3.3 The proposed low stone boundary and planting will certainly be an improvement on the
current condition of the land and help to lessen the existing visual harm of the vehicle
storage yard in line with much of the design principles set out within NPF4 Policy 14 (Design,
Quality and Place), LDP2 Policy 05 (Design and Placemaking) and Policy 10 (Design).
However, the proposed design must be considered against the condition of the land prior to
unauthorised development occurring. The storage of vehicles at this site in an incongruous
use within the surrounding woodland and greenspace, at such a prominent location. The
loss of the visual amenity afforded by the greenfield site is not considered to be outweighed
by the proposed design improvements. 
3.4 As set out within NPF4 Policy 14, development proposals that are detrimental to the
amenity of the surrounding area or inconsistent with the six qualities of successful places will
not be supported. It is considered that the proposed development is detrimental to the
amenity of the surrounding area owing to the loss of green open space; and does not accord
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with all six qualities of successful places in terms of being Sustainable, Pleasant, and
Healthy. 
3.5 There also exists a conflict with LDP2 Policy 05 as the proposed use is not compatible
with the surrounding land use of open green space. The proposed use does not
appropriately respond to the natural environment as the loss of natural space to form a
vehicle storage yard for the main garage business located elsewhere cannot be viewed as a
sustainable use of this site. 
3.6 Further, through a number of site visits completed over the past 18 months, it has been
often observed that the site is at near full capacity of approximately 20 vehicles. It is unclear
how the site would accommodate 30 designated spaces, turning and manoeuvring space,
and planting of trees and shrubs as indicated in the submitted plans within the limitations of
the site. Potential revisions to the submitted plans, along with a more detailed landscaping
plan, would help to clarify the capacity and parking arrangements possible at the site. 
3.7 The loss of amenity value through the development of the greenfield land in this
prominent location is not outweighed by the proposed design improvements of the site.
There is therefore a conflict with Placemaking principles set out in the Local Development
Plan within NPF4 Policy 14 (Design, Quality and Place) and LDP2 Policy 05 (Design and
Placemaking). 
4. Biodiversity and Nature Networks 
Woodland
4.1 Historical mapping shows that in June 2018 the site was comprised of dense woodland.
Between then and 2021 the land has been cleared of all trees and hardstanding installed. In
the Supporting Statement it is explained that the removal of woodland predates the
unauthorised development and was required for the treatment and removal of Japanese
Knotweed. It is argued that the removal of the woodland was not undertaken to facilitate this
development and so should not be a consideration in the determination of this application. 
4.2 Removal of woodland does not amount to development in itself; nor does the treatment
and removal of an invasive species such as Japanese Knotweed. The Applicant has
confirmed that the Knotweed was treated by chemical spraying. In the absence of any
further information, it is unclear how or why the treatment of Knotweed required the
wholesale removal of woodland from the site. The proposed use is clearly incompatible with
tree cover on the site and could only be facilitated by its removal. The woodland provided
significant amenity value to the Settlement, recognised by virtue of the OSPA designation.
Without development the site could reasonably be expected to regenerate over time, with
natural woodland restoration. Therefore, the relevant tree and woodland removal policies of
the LDP should be considered. 
4.3 As set out in the LDP2 Policy 77 (Forestry, Woodland, and Trees), there is a strong
presumption in favour of protecting our woodland and removal of woodland resources will
only be permitted where it would achieve significant and clearly defined additional public
benefits. Similarly, NPF4 Policy 06 (Forestry, Woodland, and Trees) does not support
development proposals that have an adverse impact on native woodland of high biodiversity
value or involve the fragmentation or severing of woodland habitats. 
4.4 The perceived poor quality of the woodland as noted in the Supporting Statement has
not been demonstrated within the application.  As noted by the Biodiversity Officer, the
proposed tree planting is an improvement on the current condition of the site however, there
is still a lack of connectivity, and it is recommended that the native woodland on either side
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of the site be continued through to meet one another. Were this application to be taken
forward, a more detailed landscaping plan and potential compensatory planting would be
required to offset the harm to biodiversity. 
Biodiversity
4.5 The site is bounded on two sides by the McAuley Burn. Native riparian edge woodland
frames the southern bank of the Burn and, prior to its removal, connected the native
woodland of the proposed development site. Whilst trees have also been removed from the
adjacent land (also within the OSPA), there still exists substantial woodland habitat to
support localised nature networks and those of the riparian corridor within and alongside the
Burn. 
4.6 As noted by the Biodiversity Officer, prior to unauthorised development the site had
suitable habitat present for European Protected Species (EPS) and Protected Species (PS).
No information has been submitted to demonstrate that the site was appropriately surveyed
to ensure the presence of EPS or PS prior to the woodland removal, treatment of Knotweed
and subsequent development of the site. The Officer advises that had this application not
been submitted in retrospect they would expect to have tree, species, and habitat surveys to
help assess the biodiversity value of the site. As the site has been largely cleared of
vegetation (a grassed perimeter to the river banks remain) the information required from
these surveys is not available. 
4.7 It is also noted that a representation made on behalf of the Loch Lomond Fisheries Trust
indicates that the Burn is a valuable spawning site for sea trout. Were the application to be
progressed, a relevant survey for the Burn would be required to ensure the appropriate
measures were in place to preserve and enhance the habitat as required. 
4.8 In the application it has not been adequately demonstrated that the development
preserves or enhances local habitats within and around the site. Similarly, the application
fails to demonstrate that the proposal would not have a negative impact upon existing green
and blue infrastructure or would not result in the fragmentation or loss of integrity of existing
green networks; contrary to NPF4 Policy 20 (Blue and Green Infrastructure), and LDP2
Policy 06 (Green and Blue Infrastructure). 
4.9 As noted by the Development Policy Officer, prior to the recent removal of trees the site
contributed towards the integrity of the green infrastructure and associated amenity value.
The fragmentation of the OSPA and active development of this site is likely to disrupt
localised nature networks. This is contrary to NPF4 Policy 01 (Tackling the climate and
nature crises), which seeks to promote nature-positive places and promotes nature recover
and restoration. Similarly, in the absence of any information regarding existing habitats and
biodiversity, this proposal is considered to be in conflict with NPF4 Policy 03 (Biodiversity),
and LDP2 Policy 73 (Development Impact on Habitats, Species and Biodiversity). 
4.10 The presence of woodland was of important visual amenity value to the local area.
Without the proposed development, it is expected that the site would in time be reclaimed by
nature and still provide an important visual amenity value to Garelochhead and preserve the
function/ amenity value of the OSPA. The proposed development is therefore considered
contrary to the aims of NPF4 Policy 06 (Forestry, Woodland and Trees), LDP2 Policy 77
(Forestry, Woodland and Trees). However, were this application to be taken forward, there is
the 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, in line with LDP2 Policy 78 (Woodland Removal). As there is potential for
mitigation of the harm, the conflict with Biodiversity and Woodland policies is not considered
a determining factor in the assessment of this application.
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5. Greenfield Development & Designated Open Space Protection Area 
5.1 The development site is relatively modest in size and scale within the Settlement Area,
however, as it comprises greenfield development within a designated Open Space Protection
Area, without sufficiently meeting the exceptions set out within the relevant Policies, the
proposed development is contrary the Local Development Plan. 
5.2 Firstly, LDP2 Policy 01 (Settlement Areas) outlines that development proposals within
Settlement Areas would normally be acceptable provided it is within an area of land allocated
for that purpose; it is the redevelopment of a brownfield site; is of an appropriate scale and fit,
and respects the character and appearance of the surrounding area in terms of density, scale,
massing design, and access arrangements. The proposed development must also comply
with all relevant LDP2 Policies. As the land carries an Open Space designation and is not a
brownfield site, the proposal does not accord with this policy. 
5.3 In addition, NPF4 Policy 09 (Brownfield, vacant and derelict land and empty buildings)
indicates that proposals on greenfield sites will not be supported unless allocated for
development or explicitly supported by policies in the local development plan. The site is within
the settlement boundary of Garelochhead as defined within LDP2 and is not allocated for the
proposed use. 
5.4 Further, LDP2 Policy 04 (Sustainable Development) supports development where
sustainable development principles are demonstrated. It is argued by the Applicant that the
proposed use of this site would alleviate parking, congestion, and road safety issues within
the Settlement centre. The proposed vehicular parking site however would be private with no
public parking or access. It is considered that parking issues caused by the Applicant through
existing business practices could be resolved with better site/business management rather
than through the proposed greenfield development upon land unconnected to the main
business. The proposed use of the site is therefore of limited community benefit and would
not justify a departure from this Policy. 
5.5 As noted by the Development Management Policy Officer, an assessment in terms of
whether the development would affect the integrity of the overall OSPA as well as the
character and amenity value within the village if required in the determination of this
application. The proposed development does not make efficient use of vacant or derelict land
in accordance with LDP2 Policy 04. Significantly, the proposed greenfield development
contributes to the loss of amenity open space (g), has an adverse impact upon biodiversity
(h), and fails to respect the landscape character of an area and the setting and character of
the settlement, contrary to the aims of this Policy. 
5.6 As noted in LDP2 (preamble to policy 81), a greenspace amenity area includes
‘Accessible and non-accessible areas that provide visual amenity functions in and around
our settlements such as maintaining setting, identity or character or by providing visual green
spaces within more built up areas’. The value of open space designations is also set out by
the Scottish Government Planning Advice Note (PAN) 65 (Planning and Open Space), which
informs the Local Authority’s policy response to the provision and enhancement of open
spaces. The PAN notes that open spaces help to define landscape or townscape structure,
provides a range of opportunities for recreation and leisure, and link and create wildlife
habitats. 
5.7 The site is protected from built development by LDP2 Policy 81 (e) (Open Space Protection
Areas) unless the proposed development can demonstrate no loss of the amenity value and
alternative provision of equal benefit and accessibility can be made available. 
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5.8 In the Supporting Statement it is argued that LDP2 Policy 81 exception (a) applies-
specifically where the development proposal ‘involves a very minor part of the site and in
either case would not affect its integrity and continued existing use or amenity value’. In the
Statement it is argued that the development results in ‘the loss of less than 5% of the total
area of the OSPA, which historically was never land over which the public were able to gain
access’. The applicant also argues that the loss of ‘such a small part of the overall OSPA’
would not affect its overall integrity as the majority of the OSPA would remain fully
accessible by members of the pubic for the purposes of informal recreation. The proposed
development however is not ancillary to the principal use of the site, and whilst the site may
represent a relatively small section of the wider OSPA, the proposal directly affects its
integrity as an OSPA site and the amenity value provided by the valuable greenspace. I
cannot therefore agree that the requirements of exception (a) of LDP2 Policy 81 are met. 
5.10 Exception (e) listed in the policy refers to greenspace amenity areas which is directly
applicable to this site and the proposed development. However it has not been adequately
demonstrated that there would be no loss of amenity value, nor has an alternative provision
of equal benefit and accessibility been made in the submission of this application. Rather, it
is considered that the built development and highly visible use of vehicle storage has a
significant impact upon the amenity value of the site and the wider OSPA, contrary to LDP2
Policy 81. This conflict is considered to be of significant weight to warrant a refusal to this
application. 
5.11 I note also the recent DPEA Appeal Decision (case reference: PPA-130-2090, Connel,
Oban Argyll and Bute) made on 15th August 2024 concerning proposed development within
an OSPA. The appeal was dismissed and planning permission refused. In the Decision
Notice the Reporter agreed that the piecemeal erosion, or fragmentation of the OSPA at that
location, would threaten the overall integrity of the network, contrary to LDP2 Policy 06
(Green and Blue Infrastructure) and NPF4 Policy 20 (Blue and Green Infrastructure). 
6. Economic Policy
6.1 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 (a) reflect the character of an area; (c) avoid greenfield
sites where brownfield sites is available in close proximity; and (d) 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 (d). 
6.2 It is argued in the Supporting Statement that ‘The implications for the applicant’s ongoing
business operations, should the use of the land for the parking/storage of vehicles not be
allowed to continue, is a significant material consideration’. A further Supporting Statement
clarifies that that the Applicant’s garage business is ‘Autopoint Fastfit’. Desk-based research
shows the garage business is located at 175 Main Street within the centre of Garelochhead.
It has been advised by the Applicant that at any one time parking for 30 vehicles is required-
a maximum of 15 for sale and 15 for servicing. The garage comprises a large
garage/workshop with ample vehicular parking to the front, side and rear in addition to the
work bays and space within the large workshop. However, the proposed use of this site is for
the storage of 30 vehicles, which would meet the total need of parking spaces for the
garage. 
6.3 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. Nor is it adequately
explained how the existing site is insufficient to support the Applicant’s business operations,
or how the additional storage space in this location would support the business, other than
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reducing the existing congestion caused by the Applicant’s business operations. No further
information has been provided to demonstrate how the viability of the business is dependent
upon the proposed change of use of land at this site. 
6.4 Whilst the viability of an establish business may be a material consideration, there is
limited information submitted to demonstrate compliance with/ or justification for divergence
from the Local Development Plan. The application before me fails to address policy
requirements of NPF4 Policy 26 (Business and industry) and LDP2 Policy 22 (Economic
Development). The conflict with this policy is of significant weight to amount to a refusal to
this application. 
7. Residential Amenity
7.1 The use of the site for vehicle storage is relatively passive and presents no concerns for
harm to residential amenity in terms of noise, smells, vibrations, odours, or light pollution in
accordance with LDP2 Policy 14 (Bad Neighbour Development). Whilst the application
suggests that customers can collect vehicles following MOT/servicing, these works will be
undertaken at the garage and this site used for car storage only. It is expected that the
number of customers attending to collect vehicles from this site rather than the garage itself
would be minimal and that the purpose of the site would primarily be for the passive storage
of vehicles. This in turn presents no concerns regarding residential disturbance through
intensification of use. There are however significant concerns regarding the harm to the
visual amenity value of the site for the local area. 
8. Road Safety & Parking
8.1 It is noted that there is sufficient distance between the nearby road junction and the site
access, with adequate visibility entering and exiting the site. There are no objections from
the Roads Authority- subject to standard conditions set out in the Consultation Response-
and no identifiable harm to road safety from this proposal to raise conflict with the Local
Development Plan. 
8.2 A representation made on behalf of the local Residents Association suggests that the
site could be regulated by ensuring individual vehicles are not kept on site for a prolonged
period of time and that a register of stored vehicles is made available for inspection to be
secured by planning condition. I believe the intention is to ensure that the site is not used for
end of life vehicles or long term open air storage and therefore likely degradation of vehicles
on the site. Were this application to have been taken forward, it is likely that 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 were stored or dismantled on site in the
interests of residential and visual amenity and environmental protection. 
9. Flooding
9.1 SEPA flood maps highlight that the site is at a high risk of fluvial flooding with partial risk
of future coastal flooding. A flood risk report has been submitted with the application to
suggest that the level of likely flooding is unlikely to have any significant effect on the site as
a vehicle storage yard, and that in the event of a flood event waters are likely to quickly
retreat to the Burn. The proposed development does not meet the criteria exemptions under
NPF4 Policy 22 (Flood Risk and Water Management) in that it does not involve the
redevelopment of an existing site; is not a water compatible use; and is not essential
infrastructure required for operational reasons. However, as the proposed development does
not introduce a vulnerable use to the site which minimise potential harm to the public in the
event of a flooding event. The conflict with flood risk policies could be addressed through
appropriate construction methods, landscaping, and water management programme to
ensure appropriate drainage and management to ensure no hardstanding and vehicles/
vehicles parts including fuel and oil do not escape into the Burn in the event of a flood. 
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9.2 The conflict of NPF4 Policy 22 (Flood Risk and Water Management) and LDP2 Policy 55
(Flooding) could be minimised through appropriate drainage, water management, and
construction quality secured by planning condition, and is thus not a significant determining
factor in the assessment of this application. 
10. Conclusion
10.1 This retrospective application seeks planning permission to regularise the change of
use of land for the storage of vehicles in association with the Applicant’s garage business
located within the centre of Garelochhead. Whilst the proposed improvements to the existing
unauthorised development will enhance the condition of the site, there remains significant
conflict with the Local Development Plan. 
10.2 The proposed design improvements would enhance the current condition of the site,
and the proposed use presents no obvious harm to residential amenity in terms of noise
disturbance, vibrations, smells, etc. Harm to biodiversity and green and blue nature networks
are not fully addressed by this application, although further mitigation and improvement
could be secured through planning condition were this application to be progressed. No
concerns have been raised in regards to road safety with no objections from the Roads
Authority. Whilst the site is liable to flooding, it is not considered that the proposed use would
put people at risk and potential environmental damage could be mitigated through better
design and water management that could also be secured through planning condition. 
10.3 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
concerns in the village by relocating the vehicles associated with the Applicant’s business to
this site. However, the proposed greenfield development is to create a private vehicle
storage yard for the use of the Applicant and presents no discernible wider public benefit to
justify the departure from the Local Development Plan. 
10.4 The development site is within a designated Open Space Protection Area as set out in
LDP2 Policy 81 (Open Space Protection Areas). Whilst the designation does not prevent all
development within the OSPA, developers are required to meet the exemptions set out in
the Policy to robustly justify any departure. The proposal does not adequately meet the
exceptions to development and is in clear conflict with the Policy. The proposed
development would contribute to the fragmentation of the OSPA and actively devalues the
amenity value of the greenspace, and of the wider OSPA. 
10.5 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 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. 
10.6 The proposed development is in conflict with the Local Development Plan, with no
significant material considerations to justify this departure. It is therefore recommended
that this application is refused planning permission: 
1. The proposed development 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). 
a) The greenfield development is not allocated for this proposed use, contrary to NPF4
Policy 09.
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b) The proposed use on greenfield site is not compatible with the surrounding land use
and designation as Open Space, contrary to LDP2 Policy 01.
c) The proposed use does not make efficient use of vacant or derelict land and would
devalue the amenity open space, contrary to LDP2 Policy 04.
d) The proposed development would lead to fragmentation of the OSPA to the
detriment of visual amenity and character of the area and of the wider designation,
contrary to LDP2 Policy 81. 
2. There is significant conflict with NPF4 Policy 26 (d) (Business and Industry)
and LDP2 Policy 22 (Economic Development). 
a) The site is not allocated or Business and Industry use and it has not been adequately
demonstrated that there are no suitable alternatives allocated in the LDP, nor that the
nature and scale of the activity will be compatible with the surrounding area contrary
to NPF4 Policy 26 (d) and LDP2 Policy 22.
b) It has not been adequately demonstrated that the development proposal meets the
terms of LDP2 Policy 22 (b). 
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© Crown Copyright and database right 2024
All rights reserved. OS license (customer) account number AC0000849384
O
1:1,000
0 9.5 194.75 Meters
Location Plan Relative to
Planning Application: 24/01249/PP
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ARGYLL AND BUTE COUNCIL  PPSL COMMITTEE 
DEVELOPMENT & ECONOMIC GROWTH  22 January 2025 
Confirming a Tree Preservation Order at Linton, Lineside Walk, Rhu 
1. INTRODUCTION 
This paper recommends the Tree Preservation Order on a Beech Tree in the garden of
Linton, Lineside Walk, Rhu (Appendix 1 - Location Plan) is confirmed. 
2. RECOMMENDATION 
It is recommended that the Tree Preservation Order is confirmed in accordance with
Section 160 of the Town and Country Planning (Scotland) Act 1997 for area marked on
the attached plan (Appendix 1). 
3. LEGISLATIVE CONTEXT 
Argyll and Bute Council, as planning authority, may make a TPO to protect individual
tree(s), groups of trees or woodland where it is expedient in the interests of amenity
and/or that the trees/groups of trees/woodland are of cultural or historical significance.
Further information on the legislation and procedures can be found in Planning
Circular 1/2011: Tree Preservation Order. 
4. BACKGROUND 
The request for the Tree Preservation Order was lodged on 30th December 2023 by
the neighbours, due to a perceived threat of removal of the trees given the owners of
The Linton had cleared almost all other trees and shrubs in their garden and the trees
were not located within the Rhu Conservation Area. 
Members considered and approved the serving of a TPO on the beech tree at the
PPSL meeting of 22nd May 2024 on amenity grounds. 
The TPO was served and came into effect on 26th August and there was a period of 28
days allowed for representations to be made. An advert appeared in the local
newspaper on 29th August 2024 and a certified copy of the Order was displayed in the
Helensburgh Civic Centre for 28 days for public viewing from this date.  The TPO must
be confirmed before the 26th February 2025 or it expires. 
5. RELEVANT PLANNING HISTORY 
02/00527/DET - Erection of dwellinghouse at Land West to Hillcroft, Lineside Walk,
Rhu, Helensburgh, Dunbartonshire – Approved with conditions 02.07.2022. The
condition states: 
“ No trees or shrubs shall be topped, lopped, felled or otherwise removed from the site
without first obtaining written approval from the Planning Authority.  
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Reason:  To maintain the landscape setting for the dwelling and in particular the
backdrop and screen from the existing dwellings to the north at Station Road.” 
Tree Works Applications at Linton, Rhu
• 24/00701/TPO Proposed felling of 1 Beech Tree and lopping of beech tree – approved
23.05.2024
Extract from Report of Handling:
T2  Beech Tree appears in good condition for its age (mature). It is not leaning and
does not have ivy growing on it. It is located in the far corner of the garden and is
approx.  10m from the house and any neighbouring houses.   It is a very large, mature
and prominent tree with good visibility from public views, including from Station Road.
It is not a veteran, rare or unusual tree.  The works to this tree is to take 8-10 metres
off the top to make the tree steadier and lesson the changes of danger to the public in
the increasing winds. 
6. DETAILS OF REPRESENTATIONS RECEIVED 
There were 1 representation received from: 
- Donna Ramsay, Linton, Rhu (owner of tree) 
Below is a summary comments in objection: 
• The tree surgeon has information that the beech tree has bad rot all the way
through.
• It is that bad that they will need a cherry picker undertake the tree works and they
will try and preserve as much as they can but the tree surgeon states the tree is
best condemned. 
• Photos have been enclosed from the tree surgeon (see Appendix 2).
• The tree is in close proximity to the house and if a branch fell on the house or the
next door neighbour’s new shed and he has condemned it then we will not be able
to claim insurance for damage to property.
• We have the intention to plant more trees including Japanese Acers and another
four native trees – a total of 8 trees and we will include another beech tree. 
7. ASSESSMENT 
Members may recall that the previous report explained that two trees were requested
for TPO but only one tree was worthy. A Tree Assessment using the Tree Evaluation
Method for Preservation Order (TEMPO) method was undertaken by the planning officer
without the benefit of any formal tree surgeon report and it was considered that one of
the two beech trees appeared of significant amenity value to be worthy of TPO. 
Since then, as the planning history sets out, a Tree Works application was received and
approved to fell the beech tree that was not subject to a TPO, but was protected by
condition, and also undertake some crown removal on the tree that was subject to the
TPO.  The tree works have now been undertaken and part of the crown has been
removed in accordance with the Tree Works application. 
As the applicant has submitted the above comments regarding the health of the tree
then it was considered prudent to obtain a Tree Report from a qualified arboriculturist in
order to ensure whether the tree poses any danger to nearby properties and is in the
poor health as described by the owner. 
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The Tree Report was commissioned by Argyll and Bute Council and undertaken on 4th
December 2024 by Graeme Millar a qualified arboricultural consultant with extensive
experience advising clients in relation to trees and safety. He holds a Diploma in
Arboriculture and Urban Forestry and is a Professional Member of the Arboricultural
Association. The report concludes that the tree needs monitoring but does not require
removal due to potential harm to people or property. The report states that the tree was
“recently topped at 15m with further unsympathetic pruning works in upper crown. The
aerial imagery shows vigorous wound-wood development and historic tree surgery to
raise clear canopy heights with all wounds occluding with associated decaying stumps.”
The condition of the tree was considered to be ‘Fair’, the age class ‘Mature’ and
estimated remaining years to be 20-30 years. It is classified as B1 category tree “Tree
of moderate quality with an estimated remaining life expectancy of 20 years”. Members
should note there are 4 categories used in Tree Surveys – A, B, C and U – unsuitable
for retention. 
We have revised the tree assessment based on the new information – Condition now
being marked as a score of ‘3’ - Fair instead of good, a score of ‘2’ for retention span
and a score of ‘4’ for amenity value remain unchanged, then a further score of ‘1’ for
other factors and a score of ‘2’ for perceived threat. This gives a score of 12 which means
the tree just meets the score level to be defensible. Members should note the original
score had been 14 prior to having the professional report from the arboriculturist. 
0 Do not apply TPO
1 - 6 TPO indefensible
7 - 10 Does not merit TPO
11 - 14 TPO defensible
15+ Definitely merits
TPO 
The purpose of a TPO is not to impede tree management or insist on tree retention in
all circumstances, but rather to prevent undue removal or poor management of valuable
trees and if removed, to ensure replacement of a valuable tree. 
Despite the new information the tree remains important for the amenity of the area given
its height and a really attractive canopy and the TPO will secure its replacement should
it be felled. The owner is going to make a commitment to retain the tree and any further
tree works or felling will require a tree works application to be made, and the necessary
Tree Report to be submitted to justify its removal, and will allow for public representation
to be made.  It is therefore still considered that the tree merits a TPO. 
8. CONCLUSION 
There is currently a Tree Preservation Order in force. It is considered that the Beech
Tree contributes to the immediate streetscape and, despite the new information about
its health, it remains worthy of greater protection that a Tree Preservation Order provides
rather than the planning condition. This would secure a replacement tree should it be
removed for health reasons 
9. RECOMMENDATION 
It is recommended that the Tree Preservation Order is confirmed in accordance with
Section 160 of the Town and Country Planning (Scotland) Act 1997 for area marked on
the attached plan (Appendix 1). 
10. IMPLICATIONS
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Classification: OFFICIAL 
10.1 Policy – None 
10.2 Financial – None 
10.3 Legal – None
10.4 HR – None
10.5 Fairer Scotland Duty:
10.5.1 Equalities – protected characteristics – None
10.5.2 Socio-economic duty – None
10.5.3 Islands - None 
10.6 Risk – None
10.7 Customer Service – None
10.8  Climate Change – None 
Kirsty Flanagan – Executive Director with Responsibility for Development and   
Economic Growth
Fergus Murray – Head of Development and Economic Growth
For Further Information Contact: Kirsty Sweeney – Area Team Leader – 01436 
657665 
POLICY LEAD – Councillor Kieron Green 
Appendix 1 – Location Plan
Appendix 2 – Objectors Photographs
Appendix 3 – Photos taken by Planning Officer
Appendix 4 – Tree Report
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Appendix 1 – Site Location Plan 
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Appendix 2 – Photos submitted by Objector 
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Appendix 3 – Photos of Beech since works took place (taken by officer) 
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Visual Tree Assessment
Linton, Lineside Walk, Rhu, G84 8JH
December 2024
Appendix 4
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PROJECT INFORMATION 
Site Information:
Location: Linton, Lineside Walk, Rhu, G84 8JH
Grid Reference: NS 27314 84402 
Survey Details:
Surveyor: Graeme Millar
Date of Survey: 04 December 2024 
Report Details:
Project Reference: 101071
Project Title: Linton, Lineside Walk, Rhu
Report Title: Visual Tree Assessment (VTA)
Document Reference: 101071_01
Date of Issue: 05 December 2024
Version: 01 
Client Details:
Name: Kirsty Sweeney
Organisation: Argyll and Bute Council
Address: Kilmory, Lochgilphead, PA31 8RT 
Company Details:
Company Name: TREEPLANNER LTD
Company No: SC786795
Registered Office: 40 Balmoral Crescent, Inchinnan, PA4 9PU
Tel: 0141 345 2849
Email: info@treeplanner.co.uk
Web: www.treeplanner.co.uk 
This report has been produced by TREEPLANNER LTD. with all due skill and care, in accordance
with the terms agreed upon with the Client. The contents of this report are confidential and intended
solely for the Client. TREEPLANNER LTD. disclaims any liability to third parties who may become
aware of this report. Reproduction or modification of any portion of this document is prohibited
without the prior written consent of TREEPLANNER LTD.
Table of Contents 
OVERVIEW
1 EXECUTIVE SUMMARY .................................................................................... 3 
PRELIMINARIES
2 TERMS OF REFERENCE ................................................................................... 4
3 SITE OVERVIEW ................................................................................................ 4
4 METHODS ........................................................................................................... 4
5 DESK STUDY FINDINGS .................................................................................. 5 
VISUAL TREE ASSESSMENT (VTA)
6 VTA FINDINGS ................................................................................................... 6
7 MANAGEMENT RECOMMENDATIONS ......................................................... 7 
APPENDICES
APPENDIX 1. PHOTOGRAPHIC RECORD ...................................................... 8
APPENDIX 2. TREE SURVEY PLAN ............................................................... 11
APPENDIX 3. CASCADE CHART FOR TREE QUALITY ASSESSMENT .. 12
APPENDIX 4. VTA SURVEY SCHEDULE KEY .............................................. 13 
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu 
Page 3 of 13
OVERVIEW
1 EXECUTIVE SUMMARY
This Visual Tree Assessment (VTA) was commissioned by Ms. Kirsty Sweeney,
Area Team Leader of Development Management for Argyll and Bute Council, to
evaluate the condition of an individual tree located within the residential property
known as Linton, Lineside Walk, Rhu, G84 8JH. The primary aim of the
assessment was to determine the tree's quality and to determine its
physiological and structural condition.
The assessment identified the tree as a mature common beech (Fagus sylvatica)
situated on a south-west-facing embankment in the north-east corner of the rear
garden. Observations highlighted historical wounding and recent pruning and
topping at approximately 15.0m. Aerial imagery confirmed the vigorous
development of wound-wood over historic defects in the upper crown, indicating
good recovery.
The tree was evaluated using the BS5837 quality assessment criteria and in light
of the recent management interventions,  classified as Category 'B1'.
Given the tree's location within a residential garden and its previous
management history, this report recommends:
1. Regular Arboricultural Monitoring: A follow-up VTA should be
conducted by a qualified arboriculturist 15 months from the date of this
report. This will allow observations over seasonal changes and facilitate
early detection of any emerging risks.
2. Management Actions: While no immediate interventions are required
to address significant hazards, monitoring for structural changes or
decay in wounds is essential to minimise risks over time.
These recommendations aim to address safety concerns while maintaining the
ecological and aesthetic contributions of the tree to the local area. Ongoing
management and monitoring will ensure the tree's health and stability are
prioritised, safeguarding both site users and the surrounding property. 
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu 
Page 4 of 13
PRELIMINARIES
2 TERMS OF REFERENCE
2.1 Instruction
2.1.1 TREEPLANNER LTD. was commissioned by Kirsty Sweeney (Area
Team Leader, Development Management, Argyll and Bute Council) to produce
a Visual Tree Assessment (VTA) report on an individual tree attributable to a
residential property known as Linton, Lineside Walk, Rhu, G84 8JH. 
2.2 Author qualifications
2.2.1 Graeme Millar is a qualified arboricultural consultant with extensive
experience advising clients in relation to trees and safety. He holds a Higher
National Diploma in Arboriculture & Urban Forestry and is a Professional
Member of the Arboricultural Association. 
2.3 Aims and objectives
2.3.1 This report aims to assess the nature, condition, and characteristics of
an individual landscape tree attributable to a residential property.
2.4 Field study
2.4.1 The field study was conducted on 04 December 2024. The survey
quality was not affected by inclement weather.
2.5 Disclaimers
2.5.1 This report was prepared exclusively for use by the client in accordance
with the terms of the contract. No responsibility is accepted for any actions taken
by a third party arising from their interpretation of the information contained
within this report.
2.5.2 This survey specifically addresses the health and safety risks posed by
trees. Where potential hazards have been identified, an appropriate strategy for
management is recommended.
2.5.3 The survey conclusions relate solely to the conditions recorded at the
time of inspection.
2.5.4 It is important to recognise that there is no such thing as a completely
safe tree. Trees are living organisms that can be affected by numerous factors,
including age, structural integrity, environmental conditions, and unforeseen
weather events. Even healthy trees can present risks, particularly during
extreme weather or due to sudden, unforeseen failure of limbs.
2.5.5 This report aims to assess the current condition of trees and provide
recommendations to mitigate identifiable risks, but it cannot guarantee the future
safety of any tree. Regular monitoring and maintenance are essential to manage
potential hazards and adapt to changes in tree condition over time.
2.5.6 The VTA survey schedule presented in this document may include
management recommendations but is not a schedule of works and is not
designed to be submitted to a contractor.
2.5.7 The Tree Survey Plan appended to this report includes all individual
trees and tree groups recorded during the field study. In the absence of any
supplied topographical survey, trees and tree groups were plotted in the field
using GPS receivers typically accurate to within 2.0m.
3 SITE OVERVIEW
3.1 Location and context
3.1.1 The subject tree is located within the rear gardens of a residential
property on Lineside Walk, Rhu. The site is set within a primarily residential area
with neighbouring homes and gardens surrounding it on all sides. The
surrounding area benefits from good garden tree cover providing significant
amenity and ecological value; however, the subject specimen is the only tree
attributable to Linton. Beyond the residential properties sited to the north lies
approximately 4.0 hectares of mixed native deciduous woodland.
4 METHODS
4.1 Tree survey
4.1.1 Trees and tree groups were assessed in accordance with the principles
of the Visual Tree Assessment (VTA) method (Mattheck et al). 
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu 
Page 5 of 13
4.1.2 Observations were made from ground level and with the aid of aerial
drone imagery. The survey did not include detailed or invasive investigations. As
such, internal decay or defects may not be fully detectable through visual
inspection alone.
4.1.3 Trees were measured using diameter tape and a clinometer. Where this
was not possible or practical, measurements were estimated.
4.1.4 The following information was recorded:
• Tree / Group No. • Species
• Height & Stem Diameter • Crown spread
• Condition • General observations
• Management recommendations • Estimated contribution
• BS5837 quality category 
4.2 Tree survey plan
4.2.1 Trees and tree groups were plotted on a Tree Survey Plan using a GPS
receiver typically accurate to within 2.0m.
4.2.2 Information presented on the Tree Survey Plan includes:
• Tree Number • Tree Locations
• Crown Extents • BS5837 Quality Category Colour
4.3 Desk study
4.3.1 A desk study was undertaken in conjunction with the field survey to
gather information on tree stock. The desk study includes a review of:
• Tree Preservation Orders1 and Conservation Areas2
5 DESK STUDY FINDINGS
5.1  Tree Preservation Orders and Conservation Areas
5.1.1 The assessed tree is not protected by a Tree Preservation Order and
does not lie within a Conservation Area. 
1 Available at: https://www.argyll-bute.gov.uk/planning-and-building/planning-guidance/tree-
preservation-orders (Accessed 05 December 2024)
5.1.2 To the immediate east of the adjacent Station Road are two designated
group Tree Preservation Orders:
• TPO 03/98 – Airlig/High Laggary, Station Road, Rhu (May 1999)
• TPO 8B – Laggary, Rhu (March 1972)
5.1.3 Directly south of the site, across Lineside Walk, lies the boundary of the
Rhu Conservation Area.
2 Available at: https://www.argyll-bute.gov.uk/sites/default/files/2024-
07/Rhu_Conservation_Area.pdf (Accessed 05 December 2024)
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101064_01 - Visual Tree Assessment                                               Linton, Lineside Walk, Rhu 
Page 6 of 13
VISUAL TREE ASSESSMENT (VTA)
This section should be read in conjunction with the Tree Survey Plan in Appendix 2, Cascade Chart for Tree Quality Assessment in Appendix 3 and the VTA Survey Schedule Key in Appendix 4. 
6 VTA FINDINGS
6.1 VTA survey schedule
KEY TO TREE SURVEY SCHEDULE MANAGEMENT RECOMMENDATIONS                
Prevention of Harm to People: Actions are required to address potential hazards that could cause injury or harm to individuals
Prevention of Damage to Property: Actions are required to prevent possible damage to buildings or infrastructure 
General Canopy Management: Actions are required to address routine management of the tree canopy to promote overall health and longevity                
TREE SURVEY SCHEDULE – LINTON, LINESIDE WALK, RHU, G84 8JH 
Tree /
Group
No.
Species
(Scientific name)
Height
(m)
Stem
Diameter
(mm)
Crown
Spread
N
Crown
Spread
S
Crown
Spread
E
Crown
Spread
W
Age
Class
Condition General Observations Management
Recommendations:
Prevention of Harm to
People
Management
Recommendations:
Prevention of Damage to
Property
Management
Recommendations:
General Canopy
Management
Estimated
Remaining
Contribution
(Years)
BS5837
Category
INDIVIDUALLY RECORDED TREES
T2761 Common beech
(Fagus sylvatica) 15 750 x1 6 6 5 6 MA F
Mature vigorous landscape specimen in NE
corner of residential garden sited on SW facing
embankment
Upper crown development slightly suppressed
from E
2 codominant stems from 12.0m
Recently topped at 15.0m with further
unsympathetic pruning works in upper crown
Aerial imagery shows vigorous wound-wood
developing over historic wounds
Historic tree surgery to raise clear canopy
height with all wounds occluding
Minor branch fractures and associated
decaying stumps
__ __ Regular arboricultural
monitoring 20-40 B1 
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu 
Page 7 of 13
7 MANAGEMENT RECOMMENDATIONS
These recommendations are intended to meet the site owner’s Duty of Care to
users of the site and any adjoining properties. This section should be read in
conjunction with the management recommendations set out in the VTA survey
schedule in Section 7.1 and the Tree Survey Plan in Appendix 2.
7.1 Arboricultural monitoring
7.1.1 Given the context of the subject tree within a residential garden, it is
recommended that another Visual Tree Assessment be conducted by a
competent arboriculturist 15 months from the date of this report.
7.1.2 This will allow observations across seasonal changes and provide an
updated assessment of tree health.
7.1.3 Regular monitoring will help to identify any new hazards, assess the
effectiveness of previous management actions, and ensure that appropriate
steps are taken to maintain safety and minimise risks.
7.1.4 Additionally, this assessment will help to anticipate potential future
issues and ensure that the tree remains in line with safety and management
goals.
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101064_01 - Visual Tree Assessment                                               Linton, Lineside Walk, Rhu
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
Page 8 of 13
APPENDICES
Appendix 1. PHOTOGRAPHIC RECORD   
360° aerial footage of the subject tree is available here: https://youtu.be/N3BQYsMQViE 
Image No. 01 
Image taken from within the garden showing subject beech tree
Image No. 02 
Image taken from within Lineside Walk showing subject beech tree
Image No. 03 
Image taken from Lineside Walk approaching from the SW
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101064_01 - Visual Tree Assessment                                               Linton, Lineside Walk, Rhu
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
Page 9 of 13 
Image No. 07 
Aerial image of the subject tree from SW 
Image No. 08 
Aerial image showing the extent of recent topping and pruning works
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101064_01 - Visual Tree Assessment                                               Linton, Lineside Walk, Rhu
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
Page 10 of 13 
Image No. 09 
A top-down aerial image showing vigorous wound-wood developing over historic wounds 
Image No. 10 
Aerial image of the site from S
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101064_01 - Visual Tree Assessment                                               Linton, Lineside Walk, Rhu
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
Page 11 of 13
Appendix 2. TREE SURVEY PLAN
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu
Appendix 3. CASCADE CHART FOR TREE QUALITY ASSESSMENT 
Category and definition Criteria (including subcategories where appropriate) 
TREES UNSUITABLE FOR RETENTION
Category U 
Those in such a condition
that they cannot realistically
be retained as living          trees in
the context of the current
land use for longer than 10
years.
• Trees that have a serious, irremediable structural defect such that early loss is expected through collapse or become
unviable after removal of other category U trees.
• Trees that are dead or are showing signs of significant, immediate, or irreversible overall decline.
• Trees infected with pathogens of significance to the health and/or safety of other nearby trees or trees of very low quality,
suppressing adjacent trees of better quality. 
Note: Category U trees can have existing or potential conservation value which it might be desirable to preserve. 
1 Arboricultural Value 2 Landscape Value 3 Cultural Value
TREES TO BE CONSIDERED FOR RETENTION
Category A 
Trees of high quality with
an estimated remaining life
expectancy of at least 40
years
Trees that are particularly good
examples of their  species, especially if
rare or unusual. Essential components
of groups or formal or semi-formal
arboricultural features (i.e.,
dominant/principal trees  in an avenue)
Trees, groups, or woodlands of particular visual
importance as arboricultural and/or landscape
features
Trees, groups, or woodlands of
significant conservation, historical,
commemorative or other value (e.g.,
Veteran trees or wood-pasture)
Category B
Trees of moderate
quality with an estimated
remaining life expectancy
of         at least 20 years
Trees that might be included in the
high category, but are downgraded
because of impaired condition (e.g.,
remediable defects or poor past
management/storm damage) such
that they are unlikely to be suitable for
retention beyond 40 years
Trees present in numbers usually as groups or
woodlands, such that they form distinct landscape
features thereby attracting a higher collective rating
than they might as individuals, or trees occurring as
collectives but situated to make little visual
contribution to the wider locality.
Trees with measurable conservation or
cultural value
Category C
Trees of low quality
with an estimated
remaining life expectancy
of at least 10 years, or
young trees with a stem
diameter below 150mm
Unremarkable trees of very limited
merit or such impaired condition that
they do not qualify in higher categories
Trees present in groups or woodlands, but
without this  conferring on them significantly
greater collective landscape value and/or trees
offering low or only temporary/transient
landscape benefits.
Trees with very limited conservation or
cultural value
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101071_01 - Visual Tree Assessment                             Linton, Lineside Walk, Rhu 
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Appendix 4. VTA SURVEY SCHEDULE KEY 
Tree Number Tag number attached to the tree and presented on tree survey plans.
Species (Scientific name) Common name and botanical name of tree species. Where precise species identification was not
ascertained, genus is given.
Height (m) Approximate height of the tree given in meters.
Stem Diameter (mm) Diameter of the main stem(s) given in millimetres and taken 1.5m above ground level.
Crown Spread (m)  Directional branch spreads estimated in meters to provide a representative crown shape. 
Age Class  YO - Young, EM - Early Mature, MA - Mature, V - Veteran.
Condition An overall assessment of the trees physiological and structural condition. G- Good, F- Fair, P- Poor
General observations  A brief description of the tree.
Management Recommendations  Recommendations for arboricultural works.
Estimated Remaining Contribution An estimation of the safe / useful life expectancy of the tree. 
BS5837 Category  The quality category given to a tree in line with BS5837:2012 tree quality assessment. 
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Classification: OFFICIAL 
ARGYLL AND BUTE COUNCIL 
PPSL COMMITTEE                                                      
Development and Economic Growth  22nd January 2025 
Development Management Performance Update – FQ3 2024/25 
1.0 EXECUTIVE SUMMARY 
1.1 This report provides an update on the performance of the Development
Management Service for the reporting period FQ3 2024/25. 
1.2 The attached document Appendix 1 provides an overview of the current demands
upon the Development Management Service, its output during this period, the
handling of the current backlog of casework, and the average time taken to
determine planning applications.   
2.0 RECOMMENDATIONS 
2.1 It is recommended that PPSL: 
(a) Review and note the content of the report. 
3.0 DETAIL & BACKGROUND 
3.1  The performance of the Council’s Development Management Service has been
significantly impacted by the legacy effect of the Covid Pandemic upon
interruption to workflow and a subsequent increase in demand for regulatory
activity relating to new development. This situation has been exacerbated by the
Service having previously been down-sized in response to the longer-term wider
financial pressures facing the Council combined with a number of long-term
vacancies that proved extremely difficult to fill as a result of a national shortage of
planning professionals. The determination of planning applications has also been
impacted by the uncertainty created by a changing planning policy backdrop with
the Scottish Government’s adoption of National Planning Framework 4 (NPF4) in
February 2023 with minimal transition arrangements having had a noticeable
adverse impact on FQ4 2022/23 output as a result of a significant volume of
casework requiring to be reassessed prior to its determination.  The cumulative
effect of these extraordinary pressures has given rise to a significant backlog of
planning casework that continues to impact upon the ability of the Council to
deliver the Development Management Service in an efficient and effective
manner at this time, and impacts upon customer service. At FQ4 2022/23 the
backlog of applications amounted to approximately 375 formal applications and
175 pre-application enquiries.
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Classification: OFFICIAL
3.2 An Improvement Action Plan (IAP) was prepared in early 2023 in response to the
significant decrease in performance and wider issues impacting upon the
resourcing of the service and its interactions with customers. The implementation
of the IAP has ensured the delivery of additional capacity within the Development
Management Service and along with this improvement initially in terms of output
and more latterly improving trends are also now able to be identified in relation to
the making of timely determinations. Building upon the foundation of the IAP, the
Development Management Service Plan and Development Management Charter
approved by PPSL on 18th September 2024 set out updated performance targets
for the Service. These include a wider range of measures that seek to
demonstrate the delivery of individual elements of the IAP and in addition to
timeliness include measures which can be utilised to measure customer
satisfaction, and staff welfare. Updated back office procedures are required to
efficiently collect the data required for reporting on the enhanced range of
measures and it is intended that these will be in place by the end of 2024/25.   
3.3 DEMAND: The Development Management Service receive approximately 2000
planning and related application case work items on an annual basis. The
Development Management Service is resourced with the expectation that
demand will be relatively constant and steady throughout the year. Whilst the
volume of new submissions decreased by approximately 10% during 2020/21
they had returned to and exceeded pre-pandemic levels during 2021/22.
Submission rates have subsequently been maintained at a high level and during
2022/23 were 5% up on pre-pandemic levels. Appendix 1, Sheet 1 shows that
whilst submission rates continued to show an increase in demand during FQ1
2024/25 this has decreased slightly during FQ2 and FQ3. 
3.4  The resource constraints and performance of the Development Management
Service have been highlighted at a senior level within the Council and continue to
be subject to regular reporting to Policy Leads/ELT. An improving financial
position following the reform of statutory planning fees by the Scottish
Government in April 2022 has supported the creation of 3 new professional officer
posts that provide additional capacity within the Service. During FQ3 2024/25 the
DM Service has largely operated with a full staff compliment but has continued to
be impacted by unplanned absence, including the impact of work related stress.
In an effort to make further inroads in the backlog of casework, an additional two
agency staff have been retained to augment the MAKI and BCHL teams with
funding now identified through until the end of the financial year 2024/25 as a
means of supporting existing staff with health and performance issues and
improving productivity. The use of temporary staff resource to provide additional
capacity has had a significant positive impact and has enabled the team to reduce
the volume of ‘live’ applications by over 40% in a period of 16 months with the
number of live applications reducing from 852 in Sept. 2023 to 508 by end of Dec
2024. 
3.5 OUTPUT: The positive impact of the increased availability of professional officer
resource within the DM Service has however been evident with the continued
delivery of above average output demonstrated since FQ1 2023/24. Output for
the most recent reporting period, FQ3 2024/25 maintains a period of excellent
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Classification: OFFICIAL
performance. (Appendix 1, Sheet 2). 
3.6 Improving output also means that the Service is now making significant inroads
in addressing the outstanding casework backlog (Appendix 1, Sheet 3). At the
end of FQ3 2024/25 the identified backlog of formal casework had reduced to a
negligible level. 
3.7 PRE-APPLICATION ENQUIRIES: Demand for pre-application advice remains
high, particularly following the adoption of LDP2 in February 2024. Pre-application
turnover is currently on track and that only a neglible backlog of enquiries (less
than 10) has been accrued over the period extending from FQ1 2021/22.
Performance during FQ3 has also been boosted by improved output. A
commitment has been provided to review and improve the pre-application
process, this will include the provision of enhanced information on the Council
website to allow a greater proportion of customers to ‘self-serve’; development
and roll out of a new pre-application service has been identified as a priority
project for 2025. 
3.8 ‘HOUSEHOLDER’ DEVELOPMENT: The performance of the Development
Management Service is also measured in terms of the time taken to determine
applications as it is recognised that failure to provide timely decisions can create
uncertainty and be detrimental to the delivery of development across the Council
area. Overall ‘time-taken’ measures are however currently skewed by the
determination of a high volume of older ‘legacy’ applications that have accrued as
part of the planning backlog. The increasing proportion of older applications being
determined from FQ3 2022/23 onwards is identified in the bar graphs that provide
a breakdown of application age within the average time measures (Appendix 1,
Sheet 5 and Sheet 6) and demonstrate that ‘legacy’ applications are successfully
being targeted for determination. FQ3 has seen 2 ‘legacy’ ‘householder’ items
determined leaving only 3 more ‘legacy’ cases at the time of writing and an
expectation that this should be expected to deliver continuous improvement to the
overall time measures moving forward. 
3.9 The increasing focus on ‘legacy’ applications continues to have significant
consequence for average time performance measures as the determination of a
relatively small number of older applications significantly impacts upon these
KPIs. This is particularly evident within the ‘householder’ average time measure
(Appendix 1, Sheet 5) where despite 88% of all householder determinations being
determined in an average time of 10.1 weeks this measure is significantly
impacted by the determination of just 2 older applications that have cumulatively
added nearly 3.3 weeks to the average time period for determination of this KPI.
The overall reduction in ‘legacy’ items has however allowed for improvement of
the headline KPI from 26.1 weeks in FQ 2 to 15.9 weeks in FQ3. It is also
highlighted that this position relates to ‘raw’ data and does not factor in delays
which have arisen as a result of matters outwith the control of the Council, or
applications that have been subject to processing agreements. During FQ3 the
Council determined a number of legacy applications which have impacted on the
raw data relating to the average time period, including items that were delayed
largely due to matters outwith the control of the Council. Whilst the data sets are
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Classification: OFFICIAL
not directly comparable it is still helpful to reference the SG Returns as a
benchmark. In this respect the national average for householder applications at
FQ4 2023/24 was 8.6 weeks. 
3.10 ‘LOCAL’ DEVELOPMENT: The determination of ‘legacy’ applications had a
similar impact upon the average time taken measure applied to all other ‘local’
planning applications (Appendix 1, Sheet 6) where the determination of 29
‘legacy’ applications cumulatively add 14.2 weeks to an average time measure
that reports on the determination of 155 applications in total. During FQ3 2024/25
81% of all other ‘local’ applications determined were less than 1 year old at the
time of their determination and were determined in an average of 17.0 weeks
(previously 75% in 16.3 weeks at FQ2). 67% of the total were less than 6 months
old and determined in 12.7 weeks on average (previously 60% in 11.5 weeks in
FQ2). The average time taken to determine ‘all other local applications’ has
improved during FQ3 from 37.8 weeks to 31.2 weeks. It is also highlighted that
this position relates to ‘raw’ data and does not factor in delays which have arisen
as a result of matters outwith the control of the Council, or applications that have
been subject to processing agreements. During FQ3 the Council determined a
number of legacy applications which have impacted on the raw data relating to
the average time period, including items that were delayed largely due to matters
outwith the control of the Council. Whilst the data sets are not directly comparable
it is still helpful to reference the SG Returns as a benchmark. In this respect the
national average for local applications (excluding householder) at FQ4 2023/24
was 16.8 weeks. 
3.11 CONCLUSION: The backlog of planning casework (Appendix 1, Sheet 3) at the
end of FQ2 has reduced by a further 72 formal applications (reduced from 80 to
8 applications). Whilst this is an improving position it is highlighted that the
determination of legacy items will continue to impact upon performance over an
extended period throughout 2024/25. Whilst the determination of legacy items will
continue to impact upon performance reporting for some time to come, analysis
of the granular data shows that average time periods for determining applications
are now starting to reduce and that despite headline figures that might raise alarm,
the majority of applications continue to be processed within much faster
timescales that are showing improvement over time and which are moving toward
the target of being within 10% of the national average. Improving performance
also underlines the importance of ensuring that the Development Management
Service is adequately resourced as improved efficiency in the handling of
applications has been attained through the reduction in individual officer’s
caseloads to manageable levels with limited exceptions. 
4.0 IMPLICATIONS 
4.1 Policy None
4.2 Financial None
4.3 Legal None
4.4 HR None
4.5 Fairer Scotland Duty 
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Classification: OFFICIAL
4.5.1 Equalities –
Protected
Characteristics
None
4.5.2 Socio-economic
Duty
None
4.5.3 Islands None
4.6 Climate Change None
4.7 Risk Failure to determine planning and related
applications in efficient and effective manner would
have potential to adversely impact upon the local
economy, delivery of housing, and health and
wellbeing of individuals.
4.8 Customer Service Requirement to manage customer expectations in
the determination planning and related applications
4.9 The Rights of the
Child (UNCRC)
None 
Executive Director with responsibility for Development and Economic Growth:
Kirsty Flanagan
Policy Lead: Cllr Kieron Green
10th January 2025                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix 1 – FQ3 2024/25 DM report to ELT     
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Classification: OFFICIAL#
Volumes
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
Statutory 517 478 508 509 511 451 508 512 457 468 404 422 469 423 412 2012 75.9% 1982 76.1% 1751 74.3% 1304 77.0%
Non-Statutory 5 20 21 10 10 10 14 17 15 26 25 21 14 22 23 56 2.1% 51 2.0% 87 3.7% 59 3.5%
PREAPP 136 158 122 166 153 146 121 150 122 137 120 141 119 104 107 582 22.0% 570 21.9% 520 22.1% 330 19.5%
Totals 658 656 651 685 674 607 643 679 594 631 549 584 602 549 542 2650 2603 2358 1693
This data is unfiltered - it shows all casework received. YTD as at 31st December 2024
data source = UNIform (Access queries)
Commentary:
The data set covers the last 15 financial quarters and confirms that demand for the determination of planning
applications and other statutory activity of the Council as the Planning Authority remains high and relatively
constant in its volume. End Dec 2024: Submission rates remain within expected parameters at this time.
FY24/25 YTD
Split of Casework ReceivedNew Casework Received
FY21/22 FY22/23 FY23/24
This tab provides information on the volume of DM case work received by financial quarter and includes a breakdown between statutory items (planning and related applications),
non-statutory items (consultations from other regulatory bodies), and pre-application enquiries.
517
478 508 509 511
451
508 512
457 468
404 422
469
423 412
5
20
21 10 10
10
14 17
15 26
25 21
14
22 23
136 158 122 166 153
146
121
150
122
137
120
141
119
104 107
0
100
200
300
400
500
600
700
FY21/22
FQ1
FQ2 FQ3 FQ4 FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3
Volume of New Casework Received
PREAPP
Non-Statutory
Statutory
77.0%
3.5%
19.5%
Split of Casework Received: FY24/25 YTD
Statutory Non-Statutory PREAPP
Appendix 1
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Classification: OFFICIAL#
Volumes
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
Statutory 410 411 393 396 410 369 402 368 476 421 458 423 464 464 427 1610 72.4% 1549 74.5% 1778 75.1% 1355 76.9%
Non-Statutory 12 12 9 13 9 8 5 11 19 18 21 17 17 31 15 46 2.1% 33 1.6% 75 3.2% 63 3.6%
PREAPP 134 172 117 145 149 119 124 104 150 109 121 133 106 122 115 568 25.5% 496 23.9% 513 21.7% 343 19.5%
2224 2078 2366 1761
This data is unfiltered - it shows all casework closed.
data source = UNIform (Access queries) YTD as at 31st December 2024
This tab provides detail on the volume of DM casework that has been closed and includes a breakdown between statutory items (planning and related applications), non-statutory
items (consultations from other regulatory bodies), and pre-application enquiries.
The data set covers the last 15 financial quarters and demsonstrates that regardless of performance issues in
respect of timeliness output remains high. There has been a notable improvement in productivity from FQ1
2023/24 which corresponds with the increasing availability of officer resource and a more settled position
following the significant disruption to workflow arising from NPF4 (FQ4 2022/23); this improving position has
continued into FQ1 2024/25.  End Dec 2024: Productivity during  FQ1 and FQ2 has been excellent and builds on
the improved performance seen across 2023/24. Output during FQ3 to date is also at an acceptable level.
Commentary:
FY21/22 FY22/23 FY23/24
Casework Closed
FY24/25 YTD
Split of Casework Closed
410 411 393 396 410
369 402 368
476
421 458 423
464 464 427
12 12
9 13 9
8
5
11
19
18
21
17
17 31
15
134
172
117
145 149
119
124
104
150
109
121
133
106
122
115
0
100
200
300
400
500
600
700
FY21/22
FQ1
FQ2 FQ3 FQ4 FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3
Volume of Casework Closed
PREAPP
Non-Statutory
Statutory
76.9%
3.6%
19.5%
Split of Casework Closed: FY24/25 YTD
Statutory Non-Statutory PREAPP
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Classification: OFFICIAL#
Volumes
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
Closed 422 423 402 409 419 377 407 379 495 439 479 440 481 495 442
Validated 405 460 438 450 462 455 436 509 462 428 366 428 425 425 370
Difference (no) 17 -37 -36 -41 -43 -78 -29 -130 33 11 113 12 56 70 72
This data is unfiltered - it shows the number of cases closed vs number of cases validated.
data source = UNIform (Access queries)
Casework Turnover - Volume
This tab shows a comparison between the volume of new statutory and non-statutory casework and output per financial quarter. The Y axis has been formatted to track the cumulative
backlog of applications that have accrued since FQ1 2021/22.
Commentary:
The graph shows that after 7 financial quarters (FQ2 2021/22 -
FQ4 2022/23) where output was lower than input, a backlog of
375 casework items were accumulated. During this period the
DM Service were impacted by Covid restrictions/recovery and
required to operate with a number of key vacancies due to a
national shortage of planning professionals. Improving
performance during 2023/24 has however reduced the backlog
at the end of that period to 206 items.   As significant
improvement in performance is evident from FQ1 2023/24
which corresponds with the resolution of key staffing issues
within the Service, this improving position has been maintained
moving forward from that point and throughout 2024/25 to
date. End Dec 2024: The backlog of casework has reduced
further during FQ3 to date by a further 30 items. The overall
scale of the task in addressing the casework backlog continues
to highlight that whilst the permanent staff resource is adequate
to meet 'normal' demand, additional professional officer
resource is required where this is exceeded.  The use of
additional temporary staff has supported a reduction in the 'live'
caselist from 852 items in Sept 2023 to 508 at the end of Dec.
2024 - this equates to a 40% reduction in 'live' applications and
is an indicator that caseload demands are now close to a level
which the the DM Service is ordinarily resourced to manage.
17
-37
-36
-41
-43
-78
-29
-130
33 11
113 12
56
70
72
FY21/22 FQ1
FQ2
FQ3
FQ4
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
-400
-350
-300
-250
-200
-150
-100
-50
0
50
Casework Turnover Rate
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Classification: OFFICIAL#
Volumes
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
Closed 134 172 117 145 149 119 124 104 150 109 121 133 106 122 115
Validated 129 162 118 153 159 137 117 140 117 132 120 130 115 92 103
Difference (no) 5 10 -1 -8 -10 -18 7 -36 33 -23 1 3 -9 30 12
Number of PREAPP's closed vs number of PREAPP's validated.
data source = UNIform (Access queries)
PREAPP Turnover - Volume
This tab shows a comparison between the volume of new pre-application casework and output per financial quarter. The Y axis has been formatted to track the cumulative backlog of
pre-application enquiries that have accrued since FQ1 2021/22.
Commentary:
The Graph shows the accumulation of a backlog of pre-
application enquiries over the period FQ3 2021/22 - FQ4
2022/23 during a period where the DM Service operated with a
number of key vacancies and has experienced significant
workflow disruption with the introduction of NPF4. It had
previously been identified that the backlog amounted to around
180 applications; however following a review of the data input
and accuracy of the data available (see detail of correction
below) it has become evident that earlier reports included cases
that were invalid and cases that had not been closed off
proprerly in the back office system. The updated report confirms
that the backlog of pre-application enquiries reached a
maximum of just over 50 items; this position has seen significant
improvement. End Dec 2024: The backlog of pre-apps is
currently neglibible with new submissions being turned over on
a regular and timely basis. Work remains ongoing to review and
improve the pre-application advice service.
5
10
-1
-8
-10
-18
7
-36
33
-23
1 3
-9
30
12
FY21/22 FQ1
FQ2
FQ3
FQ4
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
-200
-150
-100
-50
0
50
PREAPP Turnover Rate
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Classification: OFFICIAL#
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
< 6 months 8.5 9.7 10.6 10.8 10.9 10.2 11.0 13.3 11.8 11.6 11.8 12.0 9.6 9.6 10.1 < 6 months 87 80 92 79 71 69 82 51 43 67 63 54 50 56 52
< 1 year 9.1 9.7 10.8 13.3 12.4 12.4 12.0 17.3 17.8 15.4 14.6 18.3 12.4 12.6 12.6 6 months - 1 year 2 0 1 8 5 6 4 11 13 12 9 19 6 8 5
< 2 years 9.1 9.7 11.8 13.8 12.4 13.1 12.0 17.3 18.5 18.1 16.8 20.0 16.1 19.0 13.5 1 - 2 years 0 0 0 1 0 1 0 0 1 4 3 2 4 7 1
All Determined 9.1 9.7 11.8 13.8 12.4 13.1 12.0 17.3 21.6 18.1 16.8 20.0 16.1 26.1 15.9 Over 2 years 0 0 1 0 0 0 0 0 2 0 0 0 0 4 1
Total 89 80 94 88 76 76 86 62 59 83 75 75 60 75 59
This data is filtered - as per Scottish Government statistical returns - to allow benchmarking. "Householder" = Development Type N01.
data source = UNIform (Access queries)
Commentary:
The line graph shows performance over time; the bar graph shows the proportionate split between 'legacy' casework and newer items. A comparison of the two demonstrates that the 'All Determined' average can be readily impacted by the determination of a small number of
'legacy' applications. The improving resource availability has allowed the focus of the DM Service from FQ1 2023/24 to move from addressing the most urgent applications to also addressing the wider backlog of application casework. Increasing output does however mean that a
high volume of 'legacy' applications continue to be determined with significant deteriment to average time measures as is seen with the deterioration of performance across FQ4 2022/23 to FQ4 2023/24. In order to provide some context additional information is provided that
demonstrates the effect of removing older applications from reporting to provide a truer picture of the time taken to deliver the larger proportion of casework. The bar graph provides this breakdown in a format which shows the increasing volume of older applications currently
being determined but also confirms that a significant proportion of output is still undertaken in a timely manner. Peformance from FQ1 2024/25 has shown a marked improvement with the majority of householder applications now being determined in much shorter time periods.
End Dec 2024: During FQ3, 2 'legacy' items have been determined with a consequent adverse impact of 3.3 weeks on the headline KPI. It is noted that this outcome demonstrates the significant adverse impact that the determination of a small number of older items has had upon
average time reporting measures. At the time of writing only 3 'legacy' householder items remain to be determined. During FQ3 Householder Applications have been determined in an average of 15.9 weeks (improvement from 26.1 weeks in FQ2 24/25). The underlying performance
on the larger volume of newer applications determined is much healthier; in this respect it is highlighted that more applications are being determined at an early stage with 88% of all householder applications in FQ3 were newer items determined in an average time of 10.1 weeks
(previously 75% in 9.6 weeks during FQ2 24/25).
Average Time to Determine Applications: Householder ( <6 Month, <1 Year, <2 Year, All) Volume of Applications Determined: Householder - Time Taken
The Average Time Taken to Determine Householder Planning Applications
This tab provides detail on the average time taken to determine 'householder' planning applications, this is based on raw data which does not take into account any delays that might arise from matters outwith the control of the planning authority.
8.5
9.7 10.6 10.8 10.9 10.2 11.0
13.3
11.8 11.6 11.8 12.0
9.6 9.6 10.1
12.6
13.5
9.1 9.7
11.8
13.8
12.4 13.1 12.0
17.3
21.6
18.1
16.8
20.0
16.1
26.1
15.9
0
5
10
15
20
25
30
FY21/22
FQ1
FQ2 FQ3 FQ4 FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3
Average no. of weeks to determine: Householder   (<6 Month, <1 Year, <2 Year, All)
< 6 months < 1 year < 2 years All Determined
87
80
92
79
71
69
82
51
43
67
63
54
50
56
52
2
1
8
5
6
4
11
13
12
9
19
6
8
5
1
1
1
4
3
2
4
7
1
1
2
4
1
50% 60% 70% 80% 90% 100%
FY21/22 FQ1
FQ2
FQ3
FQ4
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
% Split: Householder  
(<6 Month, <1 Year, <2 Year, All)
< 6 months 6 months - 1 year 1 - 2 years Over 2 years
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Classification: OFFICIAL#
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
FY21/22
FQ1 FQ2 FQ3 FQ4
FY22/23
FQ1 FQ2 FQ3 FQ4
FY23/24
FQ1 FQ2 FQ3 FQ4
FY24/25
FQ1 FQ2 FQ3
< 6 months 10.8 11.3 11.1 11.5 12.4 10.1 10.2 12.9 13.5 14.0 12.7 12.1 11.6 11.5 12.7 < 6 months 158 142 118 125 114 110 104 69 87 106 95 79 97 106 104
< 1 year 12.7 14.1 13.5 13.4 14.5 14.0 18.0 19.2 19.3 18.7 18.8 21.0 19.0 16.3 17.0 6 months - 1 year 12 20 13 11 14 19 43 25 31 27 32 40 39 26 22
< 2 years 14.6 15.3 13.9 14.2 15.7 16.1 19.9 23.6 21.9 25.0 25.8 29.3 26.1 24.5 25.6 1 - 2 years 6 3 1 2 3 6 6 10 7 20 22 19 23 25 22
All Determined 14.6 16.7 18.5 16.7 16.8 17.0 19.9 24.5 27.6 27.4 30.2 33.4 30.0 37.8 31.2 Over 2 years 0 2 4 3 1 1 0 1 4 3 6 6 4 19 7
Total 176 167 136 141 132 136 153 105 129 156 155 144 163 176 155
This data is filtered - as per Scottish Government statistical returns - to allow benchmarking. "Local (excluding Householder)" = Development Types N02B/C, N03B/C, N04B/C, N05B/C, N06B/C, N07B/C, N08B/C, N09B/C, N10B/C.
data source = UNIform (Access queries)
Commentary:
The line graph shows performance over time; the bar graph shows the proportionate split between 'legacy' and newer items. A comparison of the two demonstrates that the 'All Determined' average can be readily impacted by the determination of a small number of 'legacy'
applications. The improving resource availability has allowed the focus of the DM Service is to move during 2023/24 from addressing the most urgent applications to also addressing the wider backlog of application casework. Increasing output does however mean that a higher
volume of 'legacy' applications will be determined with significant deteriment to average time measures as is seen with the deterioration of overall average time performance measures from FQ2 2022/23 to FQ4 2023/24. In order to provide some context additional information is
provided that demonstrates the effect of removing older applications from considerations to provide a truer picture of the time taken to deliver the larger proportion of casework that has been determined. The bar graph provides this breakdown in a format which shows the
increasing volume of older applications currently being determined but also confirms that a significant proportion of output is still undertaken in a timely manner. Performance during FQ1 2024/25 has markedly improved and appears to indicate the start of an improving trend with
decreasing time periods. End Dec 2024: FQ3  has seen 29 legacy applications cleared with the effect of adding 14.2 weeks to the overall average time measure which now sits at 31.2 weeks (improvement from 37.8 weeks in FQ2 2024/25). It is highlighted that the volume of legacy
determinations has come as a result of significant progress in clearing the backlog of applications and, depist the significant adverse impact on average time measures, is a noteable achievement. It is also noted that some of the negative impact is attributed to delays to
determination which were outwith the control of the planning authority and which will be adjusted in statutory reporting by the Scottish Government. Discounting the effect of  legacy cases it is however evident that performance overall is continuing to show improvement. During
FQ3 the determination of non-legacy local applications were undertaken in an average of 17.0 weeks (slight increase from 16.3 weeks in FQ2 24/25). It is also highlighted that more applications are being determined at an early stage with 67% of all local applications in FQ3 were
newer items determined in an average time of 12.7 weeks (previously 60% in 11.5 weeks in FQ2 2024/25).
Average Time to Determine Applications: Local (Excluding Householder) ( <6 Month, <1 Year, <2 Year, All) Volume of Applications Determined: Local (Excluding Householder) - Time Taken
The Average Time Taken to Determine Local (excluding Householder) Planning Applications
This tab provides detail on the average time taken to determine 'local' planning applications, this is based on raw data which does not take into account any delays that might arise from matters outwith the control of the planning authority.
10.8 11.3 11.1 11.5 12.4
10.1 10.2
12.9 13.5 14.0 12.7 12.1 11.6 11.5 12.7
12.7
17.014.6
25.6
14.6
16.7
18.5
16.7 16.8 17.0
19.9
24.5
27.6 27.4
30.2
33.4
30.0
37.8
31.2
0
5
10
15
20
25
30
35
40
FY21/22
FQ1
FQ2 FQ3 FQ4 FY22/23
FQ1
FQ2 FQ3 FQ4 FY23/24
FQ1
FQ2 FQ3 FQ4 FY24/25
FQ1
FQ2 FQ3
Ave no. of weeks to determine: Local (Excluding Householder) (<6 Month, <1 Year, <2 Year, All)
158
142
118
125
114
110
104
69
87
106
95
79
97
106
104
12
20
13
11
14
19
43
25
31
27
32
40
39
26
22
6
3
1
2
3
6
6
10
7
20
22
19
23
25
22
2
4
3
1
1
1
4
3
6
6
4
19
7
50% 60% 70% 80% 90% 100%
FY21/22 FQ1
FQ2
FQ3
FQ4
FY22/23 FQ1
FQ2
FQ3
FQ4
FY23/24 FQ1
FQ2
FQ3
FQ4
FY24/25 FQ1
FQ2
FQ3
% Split: Local (excluding Householder)  
(<6 Month, <1 Year, <2 Year, All)
< 6 months 6 months - 1 year 1 - 2 years Over 2 years
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