Democracy Spraffa

Update on Recent Scottish Government Planning Appeal Decision

Argyll and Bute Council · 18 September 2024
Back to Planning, Protective Services and Licensing Committee — 18 September 2024 and its agenda

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Classification: OFFICIAL
Argyll and Bute Council  
Development and Economic Growth    
PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE – 18/09/24
________________________________________________________________________ 
UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISION 
21/01583/PP – ERECTION OF CAFÉ WITH ASSOCIATED LANDSCAPING INCLUDING A
VIEWPOINT, SEATING, INTERPRETIVE SIGN AND PLAY PARK 
LAND WEST OF INVERLUSRAGAN, CONNEL 
_________________________________________________________________________
A. INTRODUCTION    
This report summarises a recent decision by Scottish Ministers following the above
application being appealed.    
B. RECOMMENDATION    
It is recommended that Members note the content of this report.    
C. BACKGROUND – 21/01583/PP    
This report refers to planning application reference 21/01583/PP for the erection of cafe
with associated landscaping including a viewpoint, seating, interpretive sign and play
park on an area of land to the west of Inverlusragan, Connel. 
The application was first presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 20 September 2023 and was subsequently discussed at a Pre-
Determination Public Hearing held on 30 January 2024.  Members resolved at the Pre-
Determination Hearing to continue the item to allow for investigation of a competent
motion with the intent to reconvene proceedings at the PPSL meeting on 21 February
2024. 
At the reconvened meeting of the PPSL on 21 February 2024 Members refused planning
permission for a single reason relating to the site being within an Open Space Protection
Area (OSPA) where the proposed development would be contrary to the provisions of
‘National Planning Framework 4’ Policy 9, Policies LDP 8 and SG LDP REC/COM2 of
the former adopted ‘Local Development Plan 2014’ and Policy 81 of the now adopted
‘Local Development Plan 2’. 
An appeal was subsequently submitted to the Planning and Environmental Appeals
Division (DPEA).   
SCOTTISH MINISTERS’ DECISION    
Scottish Ministers advised that the OSPA designation was an important consideration in
the case and that any proposed development of the site would require a robust
justification.  Scottish Ministers did not consider that there were overriding reasons
established by the Development Plan or material considerations which would support
the development of the site for the proposed development.

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Classification: OFFICIAL
Scottish Ministers therefore concluded that the proposed development does not accord
overall with the relevant provisions of the Development plan and that there are no
material considerations which would justify granting planning permission and the appeal
was dismissed. 
Full details of the appeal documents and decision can be viewed on the DPEA website
under the reference PPA-130-2090:  
Scottish Government - DPEA - Case Details (scotland.gov.uk)
   
D. IMPLICATIONS    
Policy: None  
Financial: None 
Personnel: None  
Equal Opportunities: None    
Author and Contact Officer: Fiona Scott   
Fergus Murray  
Head of Development and Economic Growth