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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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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 
11 September 2024 
NOTICE OF MEETING 
A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be
held BY MICROSOFT TEAMS on WEDNESDAY, 18 SEPTEMBER 2024 at 10:30 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 21 August
2024 at 11.00 am (Pages 5 - 24)  
(b) Planning, Protective Services and Licensing Committee held on 21 August
2024 at 2.00 pm (Pages 25 - 36)  
(c) Planning, Protective Services and Licensing Committee held on 29 August
2024 (Pages 37 - 46) 
4. BEATON AND MCMURCHY ARCHITECTS LTD: SITE FOR THE ERECTION OF
DWELLINGHOUSE: LAND NORTH OF LYNBURN, ROWAN ROAD, OBAN (REF:
22/01986/PPP) (Pages 47 - 56)  
Report by Head of Development and Economic Growth 
5. TORLOISK ESTATE: CONVERSION AND EXTENSION OF STONE BARN TO
FORM DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND FORMATION
OF VEHICULAR ACCESS: LAND WEST OF LAGGANULVA FARM, ULVA FERRY,
ISLE OF MULL (REF: 23/00185/PP) (Pages 57 - 106)  
Report by Head of Development and Economic Growth 
Public Document Pack

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6. BAKKAFROST SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC
SALMON) INCORPORATING 8 X 160M CIRCUMFERANCE CIRCULAR CAGES
AND SITING OF FEED BARGE: WEST OF ISLE OF GIGHA (REF: 23/01758/MFF)
(Pages 107 - 166)  
Report by Head of Development and Economic Growth 
7. FYNE HOMES: ERECTION OF EIGHT AFFORDABLE DWELLINGHOUSES AND
FORMATION OF VEHICULAR ACCESSES: VACANT LAND AT JUNCTION OF
BALLOCHGOY ROAD AND BLAIN TERRACE, ROTHESAY, ISLE OF BUTE (REF:
24/00564/PP) (Pages 167 - 202)  
Report by Head of Development and Economic Growth 
8. MS LIZ MAXWELL: DEMOLITON OF EXISTING DWELLINGHOUSE AND
ERECTION OF REPLACEMENT DWELLINGHOUSE AND ASSOCIATED WORKS:
COMRAICH, MANNAL, ISLE OF TIREE (REF: 24/01153/PP) (Pages 203 - 232)  
Report by Head of Development and Economic Growth 
9. CLAN CAMPBELL (WHISKY) LTD: PROPOSAL OF APPLICATION NOTICE FOR
WHISKY DISTILLERY, DUNNAGE WAREHOUSE, VISITOR EXPERIENCE AND
ASSOCIATED INFRASTRUCTURE: INVERARAY CASTLE ESTATE, INVERARAY
(REF: 24/01438/PAN) (Pages 233 - 240)  
Report by Head of Development and Economic Growth 
10. DEVELOPMENT MANAGEMENT SERVICE PLAN 2024 - 2026 (Pages 241 - 284)  
Report by Executive Director with responsibility for Development and Economic
Growth 
11. DEVELOPMENT MANAGEMENT CHARTER 2024 (Pages 285 - 294)  
Report by Executive Director of Development and Economic Growth 
12. UPDATED PLANNING ENFORCEMENT AND MONITORING CHARTER 2024
(Pages 295 - 316)  
Report by Executive Director with responsibility for Development and Economic
Growth 
REPORTS FOR NOTING 
13. UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL
DECISION (Pages 317 - 318)  
Report by Head of Development and Economic Growth 
14. UPDATE ON RECENT SCOTTISH MINISTERS SECTION 37 DECISION (Pages 319
- 324)  
Report by Head of Development and Economic Growth 
EXEMPT REPORTS FOR DECISION
E1 15. ENFORCEMENT REPORT - REFERENCE 15/00051/ENAMEN (Pages 325 - 356)  
Report by Head of Development and Economic Growth
E1 16. REQUEST FOR A TREE PRESERVATION ORDER (Pages 357 - 366)  
Report by Head of Development and Economic Growth

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The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local
Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the
grounds that it is likely to involve the disclosure of exempt information as defined in the
appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973. 
The appropriate paragraph is: 
E1 Paragraph 13  Information which, if disclosed to the public, would reveal that the
authority proposes- 
(a) to give under any enactment a notice under or by virtue of which requirements
are imposed on a person; or
(b) to make an order or direction under any enactment. 
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 WEDNESDAY, 21 AUGUST 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Graham Hardie
Councillor Fiona Howard 
Councillor Mark Irvine
Councillor Andrew Kain
Councillor Paul Donald Kennedy
Councillor Liz McCabe
Councillor Peter Wallace 
Attending: David Logan, Head of Legal and Regulatory Support
Shona Barton, Governance Manager
Peter Bain, Development Manager
Sandra Davies, Major Applications Team Leader
Bryn Bowker, Area Team Leader
David Moore, Senior Planning Officer
Stuart Ramsay, Senior Planning Officer
Lesley Cuthbertson, Planning Officer
Emma Shaw, Planning Officer 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Daniel Hampsey and Dougie
Philand. 
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 17
June 2024 was approved as a correct record. 
b) The Minute of the Planning, Protective Services and Licensing Committee held on 19
June 2024 at 11.00 am was approved as a correct record. 
c) The Minute of the Planning, Protective Services and Licensing Committee held on 19
June 2024 at 2.00 pm was approved as a correct record. 
d) The Minute of the Planning, Protective Services and Licensing Committee held on 19
June 2024 at 3.00 pm was approved as a correct record. 
e) The Minute of the Planning, Protective Services and Licensing Committee held on 19
June 2024 at 4.00 pm was approved as a correct record. 
f) The Minute of the Planning, Protective Services and Licensing Committee held on 26
June 2024 was approved as a correct record. 
Page 5 Agenda Item 3a

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g) The Minute of the Planning, Protective Services and Licensing Committee held on 6
August 2024 at 10.00 am was approved as a correct record. 
h) The Minute of the Planning, Protective Services and Licensing Committee held on 6
August 2024 at 11.00 am was approved as a correct record. 
i) The Minute of the Planning, Protective Services and Licensing Committee held on 6
August 2024 at 2.00 pm was approved as a correct record. 
4. ROCKHILL FARM LTD: PROPOSED REDEVELOPMENT OF BARN AND
FARMHOUSE TO FORM SELF-CATERING TOURIST ACCOMMODATION
TOGETHER WITH ERECTION OF SELF-CATERING TOURIST
ACCOMMODATION (3 UNITS), INSTALLATION OF FLOATING JETTY,
LANDSCAPING AND ASSOCIATED INFRASTRUCTURE WORKS:
ROCKHILL, ARDBRECKNISH, DALMALLY (REF: 21/02265/PP) 
The Planning Officer spoke to the terms of the report.  This application site lies within an
area identified as ‘Countryside Area’ where Policy 02 of LDP2 gives a presumption in
favour of sustainable development where it is of an appropriate scale, design, siting and
use for its countryside location, as set out in the relevant sustainable siting and design
policies of LDP2. 
The site lies within a designated Local Landscape Area (formerly Area of Panoramic
Quality) where LDP2 seeks to promote a flexible approach to small scale development in
the Countryside through Policies 02 and 71. 
A total of 44 objections and 6 expressions of support have been received in respect of this
application. There have been no objections received from statutory consultees.  The main
concerns raised by objectors relate to biodiversity, water and drainage, noise and light
emanating from the site and construction vehicles entering the site.  It is the opinion of
Planning Officers that a suite of safeguarding conditions can address these concerns
raised.  It is not considered that the objections raise any complex or technical issues that
have not been addressed in the report of handling and it is not considered that a
discretionary hearing would add value to the planning process. 
The proposed development is considered to be consistent with the provisions of both the
adopted National and Local Policy and it was recommended that planning permission be
granted subject to the conditions and reasons detailed in the report of handling. 
Decision 
The Committee agreed to grant planning permission subject to the following conditions
and reasons: 
Standard Time Limit Condition (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
1. PP - Approved Details & Standard Notes – Non EIA Development 
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The development shall be implemented in accordance with the details specified on the
application form dated 25.10.2021; supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Site Plan As
Existing
10/010 Rev A 18.03.2024
Site Plan as
Proposed
20/001 Rev E 18.03.2024
Site Plan as
Proposed 1:500
20/001  
Site Plan as
Proposed 1:5000
20/001 Rev E 18.03.2024
Farmhouse &
Barn Plan As
Existing
20/001 Rev B 18.03.2024
Farmhouse &
Barn Elevations
As Existing
20/001 Rev A 01.12.2021
Farm
Guesthouse 
Barn Elevations
as Proposed
20/001 Rev C 18.03.2024
Farmhouse &
Barn Plan as
Proposed
20/001 Rev C 18.03.2024
Drainage and
water supply
layout
21-017-20 Rev C 18.03.2024
Landscape
Planting Plan  
18.03.2024
Cottage A1
Elevation as
Proposed
20/001 Rev A 18.03.2024
Cottage A1, Plan
as Proposed
20/001 Rev A 18.03.2024
Cottage A2
Elevations as
Proposed
20/001 Rev A 18.03.2024
Cottage A2 Plan
as Proposed
20/001 Rev A 18.03.2024
Cottage C
Elevations as
Proposed
20/001 Rev A 18.03.2024
Cottage C Plan
as Proposed 
20/001 Rev A 18.03.2024
Section as
Proposed
20/001 Rev E 18.03.2024
Rendered
Visualisations  
18.03.2024
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Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
2. PP – Vehicular Access 
No development shall commence until plans and particulars of the means of vehicular
access to serve the development have been submitted to and approved by the
Planning Authority in consultation with the Roads Authority. Such details shall
incorporate:   
i) Details of upgrades to the existing private access track (within ownership control of
the applicant) with intervisible passing places required at intervals of no more than
150m.Track width to be a minimum of 3.7m. Level 2m verge/step off on one side of
track required; 
ii) Total length of unpaved access track (within ownership control of the applicant)
surface requires upgrade including grading/leveling of surface, voids, potholes,
rutting to be filled, levelled and compacted, using bituminous bound material and
regularly maintained as required;
iii) Details of parking and turning for two vehicles for each of the proposed self catering
units; parking and turning for three vehicles for the farmhouse and 2 for the barn
conversion:
iv) Details of a turning head to Figure 18 of the Roads Development Guide to be
provided within the farm yard area 
The upgrades to the existing private access track (within ownership control of the
applicant) shall be completed prior to the development first being brought into use. 
Reason: In the interests of road safety. 
3. PP – Surface Water Drainage – Further detail required 
Notwithstanding the provisions of Condition 1, no development shall commence until
details of the intended means of surface water drainage to serve the development
have been submitted to and approved in writing by the Planning Authority. 
The duly approved scheme shall be implemented in full concurrently with the
development that it is intended to serve and shall be operational prior to the occupation
of the development and maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and to
prevent flooding. 
Note to Applicant: 
Regard should be had to SEPA’s consultation comments in relation to the proposed
development. 
4. PP – Landscaping Scheme and Biodiversity Enhancement Measures 
No development shall commence until a scheme of boundary treatment, surface
treatment and landscaping has been submitted to and approved in writing by the
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Planning Authority. The scheme shall comprise a planting plan and schedule which
shall include details of: 
i) Existing and proposed ground levels in relation to an identified fixed datum;
ii) Existing landscaping features and vegetation to be retained; Details shall include
tree protection measures to ensure that the trees which are located along the
boundary of the eastern side of plot 7 are retained and maintained in perpetuity. 
iii) Location design and materials of proposed walls, fences and gates;
iv) Proposed soft and hard landscaping works including the location, species and size
of every tree/shrub to be planted;
v) A programme for the timing, method of implementation, completion and subsequent
on-going maintenance;
vi) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits will
be maintained for the lifetime of the development. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme unless otherwise approved in writing by the Planning Authority. 
Any trees/shrubs which within a period of five years from the completion of the
approved landscaping scheme fail to become established, die, become seriously
diseased, or are removed or damaged shall be replaced in the following planting
season with equivalent numbers, sizes and species as those originally required to be
planted unless otherwise approved in writing by the Planning Authority. 
All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’,
wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in
full before the development hereby approved is first brought into use. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity and in order to comply with the requirements of NPF4 Policy 3. 
Note to Applicant 
The applicant is advised to observe the content of the consultation response which has
been received from the Councils Biodiversity Officer. 
5. PP – Finishing Materials 
Notwithstanding the effect of Condition 1, no development shall commence until written
details of the proposed external finishing materials to be used in the construction of the
proposed development including details of the proposed decking have been submitted
to and approved in writing by the Planning Authority. The development shall thereafter
be completed using the approved materials or such alternatives as may be agreed in
writing with the Planning Authority.
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Reason: In order to integrate the development into its surroundings. 
6. PP – Private Water Supply 
No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved in writing by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist and shall include a risk
assessment having regard to the requirements of Schedule 4 of the Private Water
Supplies (Scotland) Regulations 2006 which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
supply in the vicinity of the development, or any other person utilising the same source
or supply, shall not be compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational. 
Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
Note to Applicant: 
Regulatory requirements for private water supplies should be discussed with the
Council’s Environmental Health Officers in the first instance. 
7. PP – Outdoor Access Plan 
No development shall commence until a detailed Outdoor Access Plan of public
access across the site (as existing, during construction and following completion) has
been submitted to, and approved in writing by, the Planning Authority. The plan shall
include details showing:  
i) All existing access points, paths, core paths, tracks, rights of way and other routes
(whether on land or inland water), and any areas currently outwith or excluded from
statutory access rights under Part One of the Land Reform (Scotland) Act 2003,
within and adjacent to the application site; 
ii) Any areas proposed for exclusion from statutory access rights, for reasons of
privacy, disturbance or effect on curtilage related to proposed buildings or
structures; 
iii) All proposed paths, tracks and other routes for use by walkers, riders, cyclists, all-
abilities users, etc. and any other relevant outdoor access enhancement (including
construction specifications, signage, information leaflets, proposals for on-going
maintenance etc.); 
iv) Any diversion of paths, tracks or other routes temporary or permanent, proposed as
part of the development (including details of mitigation measures, diversion works,
duration and signage). 
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The approved Outdoor Access Plan, and any associated works, shall be implemented
in full prior to the first occupation of the development or as otherwise may be agreed
within the approved plan. 
Reason: In order to safeguard public access both during and after the construction
phase of the development. 
Note to Applicant: 
The applicant is advised to observe the consultation response which has been
received from the Council’s Access Manager. 
8. PP – Contaminated Land 
No development shall commence until an assessment of the condition of the land has
been undertaken, submitted and approved in writing by the Planning Authority.  The
assessment shall determine the nature and extent of any contamination on the site and
identify any potential risks to human health, the water environment, property or
designated ecological sites. 
Where contamination is identified, then a detailed remediation scheme to bring the site
to a condition suitable for the intended use must be prepared and be subject to the
approval in writing of the Planning Authority. The scheme must include all works to be
undertaken, proposed remediation objectives and remediation criteria. The scheme
must ensure that the site will not qualify as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the intended use of the land after
remediation. 
Any approved remediation scheme must be carried out in accordance with its terms
prior to the commencement of development with the exception of those actions
required to carry out remediation unless otherwise agreed in writing by the Planning
Authority. Following completion of measures identified in the approved remediation
scheme, a verification report that demonstrates the effectiveness of the remediation
must be produced, and is subject to the approval in writing of the Planning Authority. 
Reason:  In order to ensure that contamination issues on the site have been fully
investigated and remediated. 
Note to Applicant: 
Regulatory requirements for land contamination issues should be discussed with the
Council’s Environmental Health Officers in the first instance. 
The floating jetty shall be used solely for recreational purposes by the residents of
Rockhill Farm Estate and for no commercial purposes. 
Reason:  To define the permission on the basis of the Planning Authority’s assessment
of the use applied for. 
9. That the Farm Guesthouse (1) and Barn Conversion (4), as annotated on Drawing No
20/001, Rev E – Site Plan As proposed, shall not be subdivided and used solely for the
provision of 2 separate self catering holiday letting units. 
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Reason:  To define the permission on the basis of the Planning Authority’s assessment
of the use applied for. 
10. PP– Short Term Residential Accommodation (e.g. Holiday Letting) 
Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall
be used for short term holiday occupancy only and not as a main residence and shall
not be occupied by any family, group or individual for a cumulative period of more than
three calendar months in any one year. A register showing dates of arrivals and
departures shall be maintained at the premises and shall be available at all reasonable
times for inspection by the Planning Authority. 
Reason: To define the permission on the basis of the Planning Authority’s assessment
of the use applied for. 
Note to Applicant: 
• For the avoidance of doubt this permission only provides for the occupation of the
premises on a short term basis on the grounds that the development is unsuited to
full time residential occupation. Specifically the occupation of the premises as a
dwelling shall require the benefit of a separate planning permission. 
11. PP – Site Waste Management Plan 
No development shall commence until a detailed Site Waste Management Plan
(SWMP) during construction has been submitted to, and approved in writing by, the
Planning Authority. The plan shall include details for the management of pollution
prevention monitoring and mitigation measures for all construction activities 
The approved SWMP shall be implemented in full prior to the first occupation of the
development or as otherwise may be agreed within the approved plan. 
Reason:  In order to ensure that effective provision for waste/recycling is provided. 
12. No development shall commence until full details of any external lighting to be used
within the site has been submitted to and approved in writing by the Planning Authority.
Such details shall include the location, type, angle of direction and wattage of each
light which shall be so positioned and angled to prevent any glare or light spillage
outwith the site boundary. 
No external lighting shall be installed except in accordance with the duly approved
scheme. 
Reason: In order to avoid light pollution in the interest of amenity. 
Note to Applicant: 
All external lighting should be designed in accordance with the Scottish Government’s
Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption”
2007, Annexes A and B. Site specific advice may be obtained by contacting the
Council’s Environmental Health Officers. 
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13. Notwithstanding the provisions of Condition 1, co construction plant and/or machinery
shall be operated on the site outwith the following times: 
• Monday to Friday: 08:00-18:00
• Saturday: 08:00-13:00
• Sunday: No noisy work to be carried out at any time 
Reason: In order to protect the amenity of the area in terms of nuisance. 
(Reference: Report by Head of Development and Economic Growth dated 7 August 2024,
submitted) 
Councillor Mark Irvine left the meeting during consideration of the foregoing item. 
5. CALA MANAGEMENT LIMITED:  APPROVAL OF MATTERS SPECIFIED IN
CONDITIONS 2, 3, 6, 7, 8, 9, 11, 12, 13, 15, 16 AND 17 OF CONSENT
18/01444/PP (PPA-130-2071):  ERECTION OF RESIDENTIAL
DEVELOPMENT WITH ASSOCIATED ACCESS, INFRASTRUCTURE,
OPEN SPACE, LANDSCAPING AND MISCELLANEOUS WORKS:  LAND
NORTH OF CARDROSS PRIMARY SCHOOL, BARRS ROAD, CARDROSS: 
(REF: 23/00144/AMSC) 
This application was considered at a discretionary hearing on 17 June 2024 where the
Committee agreed to continue consideration to allow Members to seek advice of Officers
on the preparation of a competent Motion. 
It was noted that only those Members present today that attended the discretionary
hearing could take part in the determination of the application. 
Councillors John Armour and Audrey Forrest left the meeting at this point. 
Motion 
To agree that the AMSC permission be approved as per Officer recommendation within
the main report, with the minor correction that the referenced drainage strategy within the
approved supporting documents is amended to the Issue 5 drainage strategy submission
dated 10.6.24. 
Moved by Councillor Gordon Blair, seconded by Councillor Liz McCabe. 
Amendment 
The Planning, Protective Services and Licensing Committee; 
• Notes that satisfactory operation of the proposed drainage scheme relies on
attenuation provided by an existing pond located on third party land to the south-west
of the application site. 
• Considers the pond is an integral component of the overall drainage solution for the
site as water discharged from the development will pass through this existing water
feature prior to entering the Geilston Burn. 
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• Recognises that the developer has put forward a competent Surface Water Drainage
(SuDS) Scheme, as required by condition 12, but further notes that the proposal also
includes for the redirection and the discharge of unattenuated surface water flow from
the existing housing development at Kilmahew Avenue, Grove and Court into this pond
that will increase flows into the pond. 
• Finds that insufficient technical details have been submitted to confirm the attenuation
properties of the pond and its capacity to accommodate the additional surface water
discharge. 
• Finds that insufficient technical details have been submitted to demonstrate that the
proposed drainage scheme will not give rise to unacceptable harm through flooding to
the residential property known as ‘The Glen’ should the combined discharges lead to
the pond overtopping its sidewalls. 
• Therefore finds that condition 11 has not been satisfied, and consequently refuses the
Approval of Matters the subject of Conditions (AMSC) permission. 
Moved by Councillor Kieron Green, seconded by Councillor Paul Kennedy. 
A vote was taken by calling the roll. 
Motion   Amendment 
Councillor Blair  Councillor Brown
Councillor Kain  Councillor Green
Councillor McCabe  Councillor Hardie
Councillor Wallace  Councillor Howard    
Councillor Kennedy 
The Amendment was carried by 5 votes to 4 and the Committee resolved accordingly. 
Decision 
The Planning, Protective Services and Licensing Committee; 
• Noted that satisfactory operation of the proposed drainage scheme relied on
attenuation provided by an existing pond located on third party land to the south-west
of the application site. 
• Considered the pond was an integral component of the overall drainage solution for
the site as water discharged from the development would pass through this existing
water feature prior to entering the Geilston Burn. 
• Recognised that the developer had put forward a competent Surface Water Drainage
(SuDS) Scheme, as required by condition 12, but further noted that the proposal also
included for the redirection and the discharge of unattenuated surface water flow from
the existing housing development at Kilmahew Avenue, Grove and Court into this pond
that would increase flows into the pond. 
• Found that insufficient technical details had been submitted to confirm the attenuation
properties of the pond and its capacity to accommodate the additional surface water
discharge.
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• Found that insufficient technical details had been submitted to demonstrate that the
proposed drainage scheme would not give rise to unacceptable harm through flooding
to the residential property known as ‘The Glen’ should the combined discharges lead
to the pond overtopping its sidewalls. 
• Therefore found that condition 11 had not been satisfied, and consequently refused the
Approval of Matters the subject of Conditions (AMSC) permission. 
(Reference: Report by Head of Development and Economic Growth dated 7 March 2024
and supplementary report number 1 dated 13 June 2024, submitted) 
Councillors John Armour and Audrey Forrest returned to the meeting. 
6. TORLOISK ESTATE: CONVERSION AND EXTENSION OF STONE BARN
TO FORM DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND
FORMATION OF VEHICULAR ACCESS: LAND WEST OF LAGGANULVA
FARM, ULVA FERRY, ISLE OF MULL (REF: 23/00185/PP) 
The Planning Officer spoke to the terms of the report.  This application was presented to
the PPSL Committee on 22 May 2024 and the Committee agreed to request from
Planning Officers information on what impact this proposed development would have on
access to, and operation of, the remaining agricultural land in terms of Police 83 of LDP2
– Safeguarding Agricultural and Croft Land. 
Planning Officers have sought further information from both the Applicant and the tenant
farmer and a request was made to continue consideration of the application to the PPSL
Committee meeting on 18 September 2024 to allow for the requested information to be
prepared. 
Decision 
The Committee agreed to note the content of the report and continue consideration of the
application to the meeting of the PPSL Committee on 18 September 2024 to allow for the
requested information to be prepared. 
(Reference: Report by Head of Development and Economic Growth dated 8 May 2024,
supplementary report number 21 May 2024, supplementary report number 2 dated 10
June 2024 and supplementary report number 3 dated 12 August 2024, submitted) 
7. MRS HELEN TOMOLILLO: CHANGE OF USE OF FORMER CHURCH TO
FORM DWELLINGHOUSE, FORMATION OF VEHICULAR ACCESS AND
DRIVEWAY, ERECTION OF GARAGE/CARPORT, FORMATION OF
OPENING IN BOUNDARY WALL TO PROVIDE PEDESTRIAN ACCESS
AND ASSOCIATED WORKS: KILMICHAEL GLASSARY PARISH CHURCH
(REF: 23/01367/PP) 
The Area Team Leader spoke to the terms of the report.  Before proceeding with the
presentation he pointed out a couple of minor errors in the report which did not have a
material bearing on the recommendation before Members.  The first being at section A(1)
– he confirmed that it was a change of use from Church Class 10 to Dwellinghouse Class
9, and not Class 4.  The second being at Section 7 of Appendix A – reference is made to a
private treatment plant.  It was confirmed it was a private sewage pump. The intention of
the Applicant was to connect to Scottish Water’s waste water treatment works.
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A Listed Building Consent Application reference no 23/01369/LIB) has been submitted in
association with this planning application and a separate report is also before Members. 
The listed building application considers in greater detail the physical alterations proposed
to the listed Parish Church and Churchyard wall. 
In terms of the Local Development Plan 2 (LDP2) the site’s location straddles
Kilmichael/Bridgend village within a Settlement Area and Countryside Area.   
Officers are of the view that the physical alterations to the listed building and listed wall
would preserve the special interest of both listed structures.  However, Officers consider
that the adjoining graveyard forms a key part of the setting of the Listed Parish Church,
making a significant and positive contribution to its sense of place, understanding,
experience and appreciation.  It is considered that the proposed change of use of the
church to a residential dwelling would significantly alter the relationship the Parish Church
would have with its graveyard, to the extent that the proposed development would have an
adverse impact on the setting of the listed building. 
Officers are also of the view that the proximity of the proposed dwelling to an existing
publicly accessible graveyard are land uses that would be incompatible with one another,
with resultant harm to the privacy of future occupants of the proposed dwelling, and the
privacy and quiet use of the graveyard by the public. 
It is acknowledged that a number of representations, both in support and in objection,
have been received in response to this proposal.  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 a hearing.  As such, it is
considered unlikely that a pre-determination hearing would add value to the decision
making process. 
It was recommended that planning permission be refused for the reasons detailed in the
report 
Decision 
The Committee agreed to refuse planning permission for the following reasons: 
1. Kilmichael Glassary Parish Church is a Category B Listed Building and its associated
adjoining graveyard forms part a key part of its setting, making a significant and
positive contribution to its sense of place, understanding, experience and appreciation. 
The proposed change of use of the former parish church to a residential dwelling
would significantly alter the relationship the Category B Listed Building Parish Church
would have with its associated graveyard, to the extent that the proposed development
would have an unacceptable adverse impact on the setting of the listed building. 
2. The operational graveyard adjoining the proposed dwelling is accessible to the public
and attracts visitors who would have a reasonable expectation to move freely around
the public space at any time during night and day. Noting the proximity of the
graveyard to the proposed dwelling, it is considered that the privacy of future
occupants of the dwelling would be unacceptably harmed 
In addition, by nature of the change of use proposed, future occupants of the proposed
dwelling would overlook the adjoining graveyard, and likely generate noise and
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disturbance within close proximity of the graveyard. The loss of privacy, and high
likelihood of noise and disturbance would have a materially harmful impact on the
general public using this space, who would have a reasonable expectation of the
operational graveyard being a quiet and private place for reflection and contemplation 
As such, it is considered that the proposed residential conversion of the vacant church
would be incompatible with the existing adjoining use of an open and operational
graveyard, with reference to the resultant identified harm to the amenity of future
residents and users of the publically accessible graveyard. As such, the proposal
would be contrary to LDP2 policies 01, 05, 08,14, 66c) and NPF4 Policy 14c). 
3. With reference to comments received from the West of Scotland Archaeology Service,
the site has a long history and, if confirmed, the presence of highly significant buried
remains could result for a recommendation of refusal.  It is noted that excavation works
to install infrastructure required to facilitate the proposed change of use would be
within the graveyard. In the absence of any archaeological evaluation works
undertaken prior to the determination of the planning application, there is significant
uncertainty regarding the effect of the proposal in archaeological terms. Therefore the
proposed development is considered to be contrary with NPF4 Policy, 7(o) and ABC
LDP2 Policy 21, Sites of Archaeological Importance.   
(Reference: Report by Head of Development and Economic Growth dated 7 August 2024,
submitted) 
8. MRS HELEN TOMOLILLO: EXTERNAL AND INTERNAL ALTERATIONS
TO FORMER CHURCH TO FORM DWELLINGHOUSE INCLUDING
FORMATION OF OPENING IN BOUNDARY WALL TO PROVIDE
PEDESTRIAN ACCESS AND ASSOCIATED WORKS: KILMICHAEL
GLASSARY PARISH CHURCH (REF: 23/01369/LIB) 
The Area Team Leader spoke to the terms of the report.  Listed building consent is sought
for a number of external and internal alterations to Kilmichael Glassary Parish Church
(Category B Listed) and Churchyard Wall (also Category B Listed) as part of the
conversion of the church to a dwellinghouse. 
While the proposed change of land use to a dwellinghouse requires planning permission,
it does not require listed building consent.  As such, the assessment of the proposed
change of land use is contained with the report of handling for planning application
reference 23/01367/PP which was also before Members today. 
It is noted that a significant proportion of the representations received in response to this
listed building application raise points more relevant to the accompanying planning
application rather than this proposal. 
This application for listed building consent relates solely to the physical changes proposed
to the Church and Churchyard wall.  For the reasons set out in Appendix A of the report, it
is considered the physical alterations proposed to both the listed Churchyard Wall and
Parish Church building would preserve the special interest of both listed
building/structures and its setting.   
On this basis, subject to conditions, Officers consider that the proposal would meet the
requirements of Section 14 of the Act and relevant policies and it was recommended that
listed building consent be granted for the proposed alterations.
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Decision 
The Committee agreed to grant listed building consent subject to the following conditions
and reasons and agreed to delegate authority to Officers to include an additional condition
(no 3) to ensure access to the churchyard was maintained for the public during the
construction process: 
Standard Time Limit Condition  (as defined by Regulation) 
Additional Conditions 
1. LIB - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 13.07.2024, supporting information, and the approved drawings
listed in the table below. 
Plan Title. Plan Ref. No. Version Date Received
Location Plan  2906/103  14.07.2024
Existing Floor
Plan
2906/103  14.07.2024
Existing North
Elevation
2906/106  14.07.2024
Existing South
Elevation
2906/104  14.07.2024
Existing West
Elevation
2906/105  14.07.2024
Existing East
Elevation 
2906/107  14.07.2024
External Stair
Sections A-A
Existing and
Proposed 
2906/117  27.07.2024
Proposed North
Elevation
2906/112  20.07.2024
Proposed South
Elevation
2906/110  20.07.2024
Proposed West
Elevation
2906/111  20.07.2024
Proposed East
Elevation 
2906/113  20.07.2024
Proposed
Ground Floor
Plan
2906/108  14.07.2024
Proposed First
Floor Plan 
2906/109  14.07.2024
Proposed Site
Plan 
2906/102  20.07.2024
Rooflight Detail  CR_CRSF_LS_B  20.07.2024
Rooflight
Technical Data
Form QD349  20.07.2024
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Sheet
Window Details,
Heritage System
Data Sheet
BR_IS25 Rev G  20.07.2024
Window
Schedule 1-2
2906/118  20.07.2024
Window
Schedule 2-2
2906/119  20.07.2024 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
Note to Applicant: 
This consent will last only for three years from the date of this decision notice, unless
the development has been started within that period [See section 16 of the Planning
(Listed Building and Conservation Areas) (Scotland) Act 1997 (as amended).] 
2. The proposed works shall not commence until a detailed scheme to demonstrate how
the existing pulpit and pews are to be incorporated into the proposal has been
submitted to and approved in writing by the Planning Authority.   
Thereafter the proposal shall be completed in accordance with the approved details. 
Reason: In order to safeguard the special interest of the Category B Listed Parish
Church. 
(Reference: Report by Head of Development and Economic Growth dated 7 August 2024,
submitted) 
The Chair ruled, and the Committee agreed, to take a 15 minute break at this point. 
The Committee reconvened at 1.35 pm with all Members present as per the sederunt with
the exception of Councillor Mark Irvine. 
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9. LINK GROUP LTD: PROPOSAL OF APPLICATION NOTICE FOR MIXED
USE DEVELOPMENT COMPRISING RETAIL UNITS (CLASS 1);
FINANCIAL, PROFESSIONAL & OTHER SERVICES UNITS (CLASS 2);
FOOD & DRINK UNITS (CLASS 3) INCLUDING DRIVE THROUGHS, HOT
FOOD TAKEAWAYS & PUBLIC HOUSE; BUSINESS UNITS (CLASS 4)
INCLUDING OFFICES AND LIGHT INDUSTRY; STORAGE &
DISTRIBUTION UNITS (CLASS 6); HOTEL (CLASS 7); RESIDENTIAL
DEVELOPMENT (DUNBEG PHASE 4) (CLASS 9 HOUSES & SUI GENERIS
FLATS) INCL. SOCIAL HOUSING, PRIVATE HOUSING, STUDENT
ACCOMMODATION & RETIREMENT ACCOMMODATION WITH SHARED
COMMUNITY SPACE, ASSEMBLY & LEISURE (CLASS 11); SITE FOR
PARK & RIDE FACILITY; EV CHARGING POINTS; NEW ROUNDABOUT
ON A85, DISTRIBUTOR ROAD & OTHER ROADS, PARKING & SERVICING
AREAS; GROUND REMODELLING; ABOVE & BELOW GROUND
INFRASTRUCTURE INCLUDING SUDS; OPEN SPACE & LANDSCAPING
INCLUDING BIODIVERSITY ENHANCEMENT; MODIFICATION TO CORE
PATH NETWORK; PEAT MANAGEMENT & RESTORATION: LAND WEST
OF DUNSTAFFNAGE MAINS FARM, DUNBEG (REF: 24/01214/PAN) 
The Senior Planning Officer spoke to the terms of the report.  Three separate Proposal of
Application Notices (PANs) have been submitted for future development at Dunbeg.  All of
the PANs relate to the next phases of development for residential, commercial, community
facilities and roads infrastructure associated with the approved Masterplan (reference
16/03368/MPLAN) and LDP2 Allocations and Objectives. 
This PAN seeks to include all proposed development associated with the future
development of Dunbeg (Phase 4).  The wider site is a mixture of primarily south facing
hillside and outcrops, undulating land and lower flat land nearer the A85 which has some
deep peat deposits within it, particularly in respect of the area of land identified for the
commercial use and access road next to the proposed “halfway” roundabout.  The area is
also subject to flooding. 
The site is bisected by National cycle route C198 between Ganavan and Dunbeg and
there are many informal paths on the northern parts of the site on the hillsides which are
used for recreational purposes by residents and visitors.  Core Path C163 also traverses
the northern edge of the larger site. 
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date.   
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that the following matter be
given consideration in finalising any future planning application submission – 
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• Opportunities for allowing access to commercial areas via sustainable public transport
and minimising use of cars would be welcome. 
(Reference: Report by Head of Development and Economic Growth dated 21 August
2024, submitted) 
10. LINK GROUP LTD: PROPOSAL OF APPLICATION NOTICE FOR
PROPOSED MIXED USE DEVELOPMENT COMPRISING RETAIL UNITS
(CLASS 1); RESIDENTIAL DEVELOPMENT (DUNBEG PHASE 4) (CLASS 9
HOUSES AND SUI GENERIS FLATS) INCLUDING SOCIAL HOUSING,
PRIVATE HOUSING, STUDENT ACCOMMODATION AND RETIREMENT
ACCOMMODATION WITH SHARED COMMUNITY SPACE, ASSEMBLY
AND LEISURE (CLASS 11); EV CHARGING POINTS; NEW ROUNDABOUT
ON A85, DISTRIBUTOR ROAD AND OTHER ROADS, PARKING AND
SERVICING AREAS; GROUND REMODELLING; ABOVE GROUND AND
BELOW GROUND INFRASTRUCTURE INCLUDING SUDS; OPEN SPACE
AND LANDSCAPING INCLUDING BIODIVERSITY ENHANCEMENT;
MODIFICATION TO CORE PATH NETWORK; AND PEAT MANAGEMENT
AND RESTORATION: LAND WEST OF DUNSTAFFNAGE MAINS FARM,
DUNBEG (REF: 24/01212/PAN) 
The Senior Planning Officer spoke to the terms of the report.  This Proposal of Application
Notice (PAN) relates primarily to intended future residential development, associated
community facilities, and other necessary infrastructure and restoration/landscaping
works. 
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date.   
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that the following matter be
given consideration in finalising any future planning application submission – 
• Opportunities for allowing access to commercial areas via sustainable public transport
and minimising use of cars would be welcome. 
(Reference: Report by Head of Development and Economic Growth dated 21 August
2024, submitted) 
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11. LINK GROUP LTD: PROPOSAL OF APPLICATION NOTICE FOR MIXED
USE DEVELOPMENT COMPRISING RETAIL UNITS (CLASS 1);
FINANCIAL, PROFESSIONAL AND OTHER SERVICES UNITS (CLASS 2);
FOOD AND DRINK UNITS (CLASS 3) INCLUDING DRIVE THROUGHS,
HOT FOOD TAKEAWAYS AND PUBLIC HOUSE; BUSINESS UNITS
(CLASS 4) INCLUDING OFFICES AND LIGHT INDUSTRY; STORAGE AND
DISTRIBUTION UNITS (CLASS 6); HOTEL (CLASS 7); SITE FOR PARK
AND RIDE FACILITY; EV CHARGING POINTS; NEW ROUNDABOUT ON
A85, DISTRIBUTOR ROAD AND OTHER ROADS, PARKING AND
SERVICING AREAS; GROUND REMODELLING; ABOVE GROUND AND
BELOW GROUND INFRASTRUCTURE INCLUDING SUDS; OPEN SPACE
AND LANDSCAPING INCLUDING BIODIVERSITY ENHANCEMENT;
MODIFICATION TO CORE PATH NETWORK; AND PEAT MANAGEMENT
AND RESTORATION: LAND WEST OF DUNSTAFFNAGE MAINS FARM,
DUNBEG (REF: 24/01213/PAN) 
The Senior Planning Officer spoke to the terms of the report.  This Proposal of Application
Notice (PAN) relates primarily to intended future mixed commercial development and
other necessary infrastructure and restoration/landscaping works. 
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date.   
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that the following matter be
given consideration in finalising any future planning application submission – 
• Opportunities for allowing access to commercial areas via sustainable public transport
and minimising use of cars would be welcome. 
(Reference: Report by Head of Development and Economic Growth dated 21 August
2024, submitted) 
12. TAYLOR WIMPEY: PROPOSAL OF APPLICATION NOTICE FOR
RESIDENTIAL DEVELOPMENT TO INCLUDE ACCESS, ROADS, OPEN
SPACE, LANDSCAPING, DRAINAGE AND OTHER ASSOCIATED WORKS:
LAND AT GEILSTON FARM, CARDROSS ROAD/A814, CARDROSS (REF:
24/01391/PAN) 
The Senior Planning Officer spoke to the terms of the report.  The proposed site is located
on open farmland set on the western edge of the village of Cardross, to the south of the
main A814 road.  In terms of the adopted Local Development Plan 2 (2024), the site is
located within the designated Helensburgh and Lomond green belt and in terms of spatial
strategy, is within the Helensburgh and Lomond Growth area.  The proposed site bounds
the Cardross settlement area to the east.  The site itself if not subject to any additional
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constraints, although the woodland area to the immediate east of the site, Geilston Burn,
is a designated SSSI (Site of Special Scientific Interest) and an area of ancient woodland. 
The report sets out the information submitted to date as part of the Proposal of Application
Notice (PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material considerations and
key issues based upon the information received to date.   
It was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to allow these
matters to be considered by the Applicant in finalising any future planning application
submission. 
Decision 
The Committee noted the content of the report and requested that the following matters be
given consideration in finalising any future planning application submission – 
• Land prone to flooding.  Demonstrate through not just the production of surface water
drainage and attenuation for land being built on but also for land elsewhere to prevent
flooding to neighbouring properties and land eg railway line. 
• Capacity of Scottish Water infrastructure to cope with additional connections to
sewage treatment works. 
• Capacity of local primary school. 
• Consider housing needs of area itself in terms of size of houses.   
• Consider more than 25% affordable housing. 
• Capacity of road through the village of Cardross to accommodate additional traffic and
construction traffic. 
(Reference: Report by Head of Development and Economic Growth dated 1 August 2024,
submitted) 
Councillor Peter Wallace left during consideration of the foregoing item. 
13. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ1 2024/25 
A report providing an update on the performance of the Development Management
Service for the reporting period FA1 2024/25 was considered. 
Decision 
The Committee considered and noted the content of the report. 
(Reference: Report by Executive Director with responsibility for Development and
Economic Growth dated 1 August 2024, submitted) 
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14. UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL
DECISIONS 
A report summarising a recent decision by Scottish Ministers in relation to a Local Review
Board appeal decision (reference 23/0003/LRB) which was called in for Ministers
determination was before the Committee for information. 
Decision 
The Committee noted the content of the report. 
(Reference: Report by Head of Development and Economic Growth dated 21 August
2024, submitted) 
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 21 AUGUST 2024 
Present: Councillor Kieron Green (Chair) 
Councillor John Armour
Councillor Gordon Blair
Councillor Jan Brown 
Councillor Fiona Howard
Councillor Andrew Kain
Councillor Liz McCabe 
Attending: Shona Barton, Governance Manager
Katie Clanahan, Solicitor
Colin McNeill, Applicant
Paul Cowin, Objector
Morgan Romilly, Objector
Hayley Romilly, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors Audrey Forrest, Daniel Hampsey,
Graham Hardie, Mark Irvine, Paul Kennedy, Dougie Philand and Peter Wallace. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest. 
3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATIONS FOR
GRANT OF TAXI 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 this hearing the Applicant opted to proceed by way of video
call and Mr McNeill joined the meeting by MS Teams. 
Paul Cowin, Objector, opted to proceed by way of audio call and joined the meeting by
telephone. 
Morgan and Hayley Romilly, Objectors, also opted to proceed by way of audio call and
joined the meeting by telephone. 
There were 3 Taxi Car Licence Applications before the Committee for consideration and
the Chair outlined the hearing procedure that would be followed in respect of each
Application. 
(a) Glasgow Coach Drivers Limited, Helensburgh (C McNeill) - Mercedes
Vito 
The Chair invited the Applicant to speak in support of his application 
APPLICANT 
Mr McNeill said he was applying for a licence for a wheelchair accessible taxi to
Page 25 Agenda Item 3b

Page 26

help supplement the other taxis in the area.  He advised that a few nursing homes
had contacted him about using his company as they were currently using a
company outwith Argyll and Bute.  He referred to a letter from a nursing home
which he said he had sent to the Licensing Team this morning and had asked that
this be passed onto the Committee.  He referred to the distinction between a
private hire car and a taxi.  He said that as private hire cars could operate
anywhere in Argyll and Bute they may not be available when required in the
Helensburgh and Lomond area.  He advised that he thought it best to have a taxi
car licence so that drivers could supplement their income with private hires by
being able to pick up fares on the street and alleviate pressure when taxis where
not available after midnight.  He said he hoped to help the nursing homes out and
the various other locations that required wheelchair accessible taxis. 
QUESTIONS FROM OBJECTORS 
Mr Romilly commented that he had one of the only wheelchair accessible vehicles
in the area.  He said he did not get a lot of work from the rank with the majority of
customers pre booking for a wheelchair accessible vehicle.  He asked Mr McNeill
how many customers he expected to get as a taxi instead of a private hire. 
Mr McNeill explained that if this was private hire vehicle it could go anywhere in
Argyll and Bute and if someone phoned up to request it, it may not be available in
the Helensburgh and Lomond area, where a taxi would only be able to operate. 
He said a taxi could not operate outside the zone it was licenced to unless, for
example, it was taking someone to hospital and bringing them back.  If the vehicle
was operated as a private hire it could have a job in Campbeltown or Oban and so
would not be available in the Helensburgh and Lomond area. 
Mr Romilly said he failed to see the difference as a taxi could also be out of the
area and if it was busy it would not be available either. 
Mr McNeill said that with taxis, people could pick up these from the street and with
his advanced booking system coming along soon, he would be able to allocate one
of the licensed taxis to pick up the person in minutes.  A private hire would have to
be pre booked and could not do normal street work and could be anywhere within
Argyll and Bute.  He said that was why he was applying for taxi car licence.  He
also commented that the number of taxis in the area had dropped since June this
year. 
OBJECTORS 
Mr Cowin 
Mr Cowin advised that his objection had been submitted a few months ago.  He
noted that there had been 52 taxi plates in the area but that had reduced to 47.  He
felt his objection no longer carried any weight. 
Mr Romilly 
Mr Romilly said that he had noted the slight decrease in the number of plates but
advised that this did not change his view that Mr McNeill was an unfit operator.  He
advised of having many dealings with the Council and said that none of his issues
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raised had been resolved.  He referred to personal attacks and said he felt Mr
McNeill was an unfit operator within the town.  He referred to Mr McNeill’s
response to the objections and said that he felt this was a personal attack on him
by Mr McNeill and that it had nothing to do with his plate or his business.  He said
this demonstrated that Mr McNeill was an unfit character. 
Mrs Romilly 
Mrs Romilly advised that she echoed what Mr Romilly had said.  She said that from
her own experience Mr McNeill was an unfit operator.  She said the statement he
had submitted was a personal attack.  She advised that there were a lot of false
complaints from Mr McNeill which they have always had to go back to legal about
and that they were always innocent.  She said there seemed to be a lot of false
allegations and she could not understand why this was the case.  She said that
they had never submitted any false complaints to the Council about Mr McNeill. 
She referred to complaints they had put in which she alleged had not been
resolved. 
QUESTIONS FROM APPLICANT 
Mr McNeill questioned why it was being said that he was an unfit operator.  He
referred to the allegations and said he did not know where they were coming from
and that they were not from him. 
MEMBERS’ QUESTIONS 
Councillor Armour referred to Mr McNeill advising that he had submitted a letter to
legal that the Committee should have had sight of.  He sought comment from
Officers.  Mrs Barton advised that a letter was received.  Ms Clanahan confirmed
she received a copy of the letter shortly before the hearing started and that she
was not aware if this had been distributed to the Committee. 
Councillor Green sought and received confirmation from Ms Clanahan that it would
not be appropriate for the Committee to consider this letter at the last moment as
there had been no opportunity to review if before hand and there was no
opportunity for the Objectors to consider it.  She advised that it was a general letter
from a care home and referred to some sort of gap in wheelchair provision in the
area.  She reiterated that as it was sent in so late that it would not be appropriate to
include it today. 
Councillor Green noted that it was a general statement made about demand which
had also been made by Mr McNeill in his representation to the Committee. 
SUMMING UP 
Objectors 
Mr Cowin 
Mr Cowin advised that he had nothing further to add. 
Mr Romilly
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Mr Romilly referred to a previous meeting held in June and said that there were a
number of issues that needed to be looked at for the future.  He referred to asking
for help from the Council’s licensing team.  He said that they were only made
aware of allegations made after they were submitted.  He referred to a letter which
had been submitted about an incident he said took place at Tescos, and said this
had still to be resolved.  He said he did not believe there was any issue with
wheelchair accessible taxis at the moment. 
Mrs Romilly 
Mrs Romilly acknowledged that there were 47 taxi plates at the moment for the
Helensburgh and Lomond area.  She referred to a letter she had received from the
Council’s Roads Officer that the Council would be looking to re-determine the front
taxi rank.  She said that if they did this there would be no space for more taxis at
the rank.  She said she understood that the Council were looking to remove the
front taxi rank to make more room for disabled parking spaces.  She said that if this
rank was taken away it would only leave one in the town of Helensburgh. 
Mrs Romilly referred to approaching the Council many times for help.  She said
that they had never made false allegations about Mr McNeill but he had done this
to them.  She said the Council’s legal team had all the information.  She said they
had been asking for help for 2 years now.  She asked the Committee to consider
this.  She said she believed Mr McNeill was an unfit operator. 
Applicant 
Mr McNeill referred to Mrs Romilly’s comments about the taxi rank.  He advised
that the Helensburgh and Lomond zone covered around 20 miles and said that he
was aware of locations at the top of Loch Lomond where people could not get a
general taxi so needed to use private hire vehicles.  He said that he was aware that
Mr Romilly was granted a taxi licence for that area but advised that he has had
phone calls from people not able to get a taxi in that area.  He advised that if he got
this licence he would be happy to have taxis located across the Helensburgh and
Lomond zone.  He said he would prioritise any bookings for wheelchair accessible
taxis made online or by telephone.  He said he would liaise with the nursing homes
and other establishments so that they could contact his company if they required a
taxi immediately.  He said that if this licence was granted he would be able to
supply a service on demand. 
When asked, all parties confirmed that they had received a fair hearing. 
DEBATE 
Councillor Brown asked if there was the capacity within Helensburgh and Lomond
at the present time to allow for another licence to be granted. Ms Clanahan
confirmed that there were currently 47 taxi licences in the Helensburgh and
Lomond area.  She said this was one less that September last year and one less
than that referenced in the LVSA report.  In terms of private hire vehicles, there
were 13 with addresses within the Helensburgh and Lomond area.   She pointed
out that as these were not zoned to a particular area it was difficult to know how
many of these operated within Helensburgh and Lomond.  She also advised that 4
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of the private hire licences and 4 of the taxi car licences were for wheelchair
accessible vehicles. 
Councillor Green advised that he had difficulty in finding any reason to refuse this
licence and on that basis he was minded to approve application. 
Councillor Armour said he agreed that he found this difficult.  He commented that
he thought there were a lot of underlying issues between the Applicant and
Objectors.  He said he had no idea what was correct and what was not.  He said
the Committee had to take the application at face value and that Councillor Green
had summed it up that there was nothing in the application that the Committee
could go against.   
Councillor Green commented that it came down to “he said” “she said”. 
Councillor McCabe sought and received confirmation from Ms Clanahan that this
vehicle was insured. 
DECISION 
The Committee agreed to grant a Taxi Car Licence to Glasgow Coach Drivers
Limited for a Mercedes Vito registration number LA11 EOU and noted that Mr
McNeill would be notified of this in writing within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
(b) Glasgow Coach Drivers Limited, Helensburgh (C McNeill) - London Taxi
TX4 
Chair invited the Applicant to speak in support of his application 
APPLICANT 
Mr McNeill advised his presentation was the same as that for the previous hearing
(at item 3a above) and that he had nothing further to add. 
QUESTIONS FROM OBJECTORS 
Mr Cowin asked what would happen if a person needed to go to hospital in
Glasgow which was within the Low Emission Zone (LEZ).  Mr McNeill advised that
there were no hospitals in Glasgow within the LEZ. 
Mr Romilly commented on the number of vehicles Mr McNeill would have and
asked how he would utilise all of these vehicles at the same time.  Mr McNeill said
that he had drivers waiting on the decisions that would be taken today.  He pointed
out that if the licences were granted he would not be able to operate until the time
had passed for any Appeal to be submitted by the Objectors.  He said that would
be enough time for the drivers to apply for taxi driver licences to allow them to drive
the vehicles. 
Mr Romilly commented that the Committee could see the factual evidence in front
of them but no one had referred to the objections he had submitted.  He sought
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reassurance that the Committee had seen this evidence.  It was explained to Mr
Romilly that it was not for him to ask questions of the Committee.  Nor was this the
appropriate forum for him to air grievances about the Council.  He was advised that
if he had any complaints regarding the Council, then the complaints procedure was
the appropriate avenue to explore this further.  The hearing today was limited to
issues which could be considered in terms of the licencing regime for the particular
licence application to which the hearing relates. 
OBJECTORS 
None of the Objectors and anything further to add. 
QUESTIONS FROM APPLICANT 
There were no questions from the Applicant. 
MEMBERS’ QUESTIONS 
There were no questions from the Committee. 
SUMMING UP 
Objectors 
Mr Cowin 
Mr Cowin advised that he had nothing further to add. 
Mr Romilly 
Mr Romilly said he had nothing further to add other than to point out his question
had not been answered. 
Mrs Romilly 
Mrs Romilly referred to the re-determination of the taxi rank and pointed out that
there would be nowhere for taxis to sit if they took one of the ranks away.  She said
the other one had a major hangover, especially at peak times when the trains were
busy.  She said she believed Mr McNeill was an unfit operator. 
Applicant 
Mr McNeill said that as far as he was concerned he was willing to work with other
taxi operators to alleviate anything in the area.  He said he could cover it.  He said
he did this with his private hire vehicles and would continue to do so and work with
any operator that wanted to work with him and not against him. 
All parties were asked to confirm if they had received a fair hearing. 
Mr McNeill and Mr Cowin confirmed that they had received a fair hearing. 
Mr Romilly said he had not received a fair hearing.  He advised that he was still
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waiting for his question to be answered about whether or not the Councillors had
seen the evidence that he had submitted. 
Ms Clanahan advised that she considered that all parties had been given the
opportunity of putting their points across and she confirmed that everyone had
been sent the full facts and details of issues raised.  She advised that it was for all
parties to put across their points to the Committee and it had been open to the
Objectors and the Applicant to refer to their evidence in support of their arguments
and to make their case.  It was also open to the Committee Members to ask any
questions regarding the documents lodged by the parties, but they were not
required to ask questions of the evidence if they felt it to be unnecessary, having
reviewed the content of the written evidence. 
Councillor Green acknowledged that there was no mechanism within the hearing
procedure for Members to answer questions.  The Committee agreed to note the
opinion of Mr Romilly. 
Mrs Romilly advised that she did not think she had received a fair hearing.  She
said she felt that she and Mr Romilly had been treated like children and not
listened to. 
DEBATE 
Councillor McCabe said she tended to agree with the Objectors.  She said she felt
they should have been able to answer their question.  She commented there was a
lot in Agenda pack that had not been discussed. 
Councillor Green pointed out that it was Councillor McCabe’s opportunity to speak
now if she wished.  Ms Clanahan confirmed that this was an opportunity for
Members of the Committee to discuss what had been presented to them including
the information in the Agenda pack, despite the fact that the Objectors had failed to
raise points about the evidence they had submitted themselves. 
Councillor McCabe said she was not happy.  She said she was minded not to grant
the application, having read the contents of the Agenda pack.  She commented
that a lot of things had been said, which, she advised, she did not think were right. 
Councillor Armour said that some of the allegations made were unsavoury. He
sought clarification from Officers if the Police were aware of these.  Ms Clanahan
said she did not have that information so could not comment. 
Councillor Brown referred to reading through the paperwork.  She noted there was
a long history between both operators.  She said the Committee could only go with
what was in front of them and that she had noted that no objection had been
submitted by Police Scotland. 
Councillor Green said that unless Police Scotland had submitted a complaint this
was not something the Committee could consider when presented in terms of
evidence in the Agenda Pack.  He said that he had read all the paperwork but
could personally only give it limited weight. 
Ms Clanahan confirmed that everything was cross checked and Police Scotland
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were approached but had no comment.  She said it was not possible to know what
their knowledge was about any alleged activities.  Police Scotland reported no
concerns in relation to this application or in relation to the Applicant.  She reminded
the Committee that the test was the balance of probability and the evidence before
them was there for them to review and make up their own minds in relation to both
content and the reliability of that evidence. 
Councillor Armour advised that if Police Scotland have not objected then it made it
difficult for the Committee to object to something the Police have already looked at. 
He agreed that the Committee had to deal with the facts in front of them.  He
acknowledged that there were a lot of unsavoury comments but felt that as they
were not acted on by the Police or in any legal way, he could not attribute any
great weight to them and so he could see no reason to object to the granting of this
licence. 
Councillor Green advised that based on what was in front of him he could see no
reason to oppose this application.  He pointed out that did not mean he condoned
any behaviours that may have taken place, but he advised he was not commenting
on it as he did not know if anything had been taken further so therefore he was
giving it limited weight.  He said he was not disregarding the comments, he was
only giving them limited weight. 
DECISION 
The Committee agreed to grant a Taxi Car Licence to Glasgow Coach Drivers
Limited for a London Taxi TX4 registration number LM60 0TV and noted that Mr
McNeill would be notified of this in writing within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
(c) Glasgow Coach Drivers Limited, Helensburgh (C McNeill) - London Taxi
TX4 
The Chair invited the Applicant to speak in support of his application 
APPLICANT 
Mr McNeill advised his presentation was the same as that for the first hearing (at
item 3a above) and that he had nothing further to add. 
QUESTIONS FROM OBJECTORS 
There were no questions from the Objectors. 
OBJECTORS 
Mr Cowin 
Mr Cowin said it was worth pointing out the comments made in Mr Romilly’s
objection contained within the Agenda pack about Mr McNeill’s vehicles having
bald tyres.  He also referred to an approach by Mr McNeill to Companies House. 
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Mr Romilly 
Mr Romilly referred to complaints he had made to the licensing team not being
dealt with.  He advised that not everything they had complained about would have
been a Police Scotland matter. 
QUESTIONS FROM APPLICANT 
Mr McNeill referred to a company being bought out by another company in
Dumbarton but this had been removed by the Committee as a proper partnership
had not been formed. 
MEMBERS’ QUESTIONS 
Councillor Howard asked if there was still the demand for a third taxi car licence,
noting the other 2 that had just been granted. 
Councillor Green commented that the Committee had previously taken the view
that the LVSA report produced some time ago was outdated and that a
replacement report was requested.  Ms Clanahan confirmed that the number of taxi
car licences was now 49, taking account of the 2 granted today.  She said this was
an increase of 1 since September last year and an increase of 1 since the LVSA
report was produced.  She advised that it was at the Committee’s discretion to
decide whether or not there was an over provision. 
Councillor Brown commented that a lot of the issues the objectors have flagged up
were from people that had come to them.  She noted that Mr and Mrs Romilly had
raised these issues with the Council and asked if they were aware if the people
concerned had flagged up their own issues to the Council.  Mr Romilly said that
any complaints that have come to them they had reverted the complainants back to
the licensing team.  He referred to the complaint in relation to an incident outside
Tescos, and said this had still to be resolved.  He said he was aware of
complainants that had gone direct to the Council. 
Councillor McCabe asked if the person involved in the incident at Tesco had
contacted the licensing team.  She also asked why no one had responded to the
complaints.  Ms Clanahan advised that she could not comment on any complaint
from a third party due to GDPR.  She advised that it was her understanding that
Mrs Romilly’s was the subject of an internal investigation and that there was an
outcome.  She confirmed that all relevant complaints received by the Council are
looked into. 
Councillor Kain commented that a lot of this was “he said” “she said” and personal
between the Applicant and the Objectors.  He said the important issue was if the
vehicles were safe. 
Councillor Blair referred to comments made about bald tyres and asked Mr McNeill
if he had a vehicle maintenance schedule.  Mr McNeill advised that at that time
they used a local garage.  He confirmed that they were now using a compliant
garage that did a lot of work with Renfrewshire Council.  He said that his vehicles
were sent over there every 4 weeks to ensure everything was above board.  He
confirmed that they had a regular recorded regime for each vehicle.
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Councillor Blair referred to the comments made about how businesses were being
ran and asked Mr Romilly if he would agree that no one should be concerned
about what was said as long as a person was working within the law and the rules
of the licence.  Mr Romilly advised that some of the comments made had been
derogatory.  He questioned the fitness of Mr McNeill as an operator based on the
derogatory comments he advised that Mr McNeill has said.  Councillor Blair
suggested that if this happened to him then he would sue for defamation of
character and then he would have the evidence of this in the form of a solicitor’s
letter and queried why no legal advice was ever sought if the alleged incidents had
indeed occurred.   
Councillor Blair asked Ms Clanahan if routine spot checks were carried out on
vehicles by the Council.  Ms Clanahan advised that she did not know the
particulars of how any spot checks were conducted, further advising that there had
been some changes in enforcement officers, with a new person starting next week
and this could change current processes anyway.  Ms Clanahan advised that she
understood that there were regular scheduled checks carried out on vehicles by
local authority mechanics. 
Councillor Armour sought and received confirmation from Mr McNeill that he had
not made any comments to a Tesco employee.   
Councillor Liz McCabe left the meeting during the Members’ Questions. 
SUMMING UP 
Objectors 
Mr Cowin advised that he had nothing further to add. 
Mr Romilly advised that he had nothing further to add. 
Mrs Romilly said she would like to emphasise that she did not like being treated as
a child.  She said that it was not a case of “he said” “she said” and that they had
provided all the evidence ahead of this meeting.  She said there had been a lot of
false allegations.  She said she was not here to lie and that she had nothing
personal against Mr McNeill. 
She referred to the re-determination of the front taxi rank and advised that if more
taxi car licences were granted there would be nowhere for the vehicles to sit. 
She said that she believed that Mr McNeill was an unfit operator.  She referred to
his submission in response to their objections and said that his submission was a
personal attack against Mr Romilly and his business.  She said they were not here
to personally attack Mr McNeill. 
Applicant 
Mr McNeill said there had been no personal attack.  He said he used to work with
Mr Romilly before he married Mrs Romilly.   He said he had no objection to working
with any other operator and that he would be happy to work with other operators to
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alleviate demand. 
When asked, all parties confirmed that they had received a fair hearing. 
DEBATE 
Councillor Armour sought and received confirmation that the Committee were
dealing with an application for a London Taxi TX4 registration number LO58 JXG. 
Councillor Blair said he would be keen not to approve a third licence for the
Helensburgh and Lomond area at this time. 
Councillor Green agreed that maybe 2 was enough. 
Councillor Armour was also in agreement that a third licence should not be issued
at this time.  He referred to feeling uncomfortable with all the comments that had
been made and said he did not know who was telling the truth and who was not. 
He said there was no proof to go one way or another.  He said he appreciated the
objectors’ feelings but the Committee had to go with the information in front of
them.  He said there was nothing the Committee could object to, on the basis of
the information before them today, other than over provision.  He advised that the
fact that the Committee had already granted 2 licences today led him to feel that
this one should not be granted.  He said he was minded not to grant the licence on
the basis for over provision. 
Councillor Howard said clarification was required on the complaints procedure and
what checks were done by Officers.  She referred to a question over the future of
the sea front taxi rank and said she did not think the Committee should grant this
application today. 
Councillor Armour said he was quite certain Officers will have done what needed to
be done in terms of investigating a complaint.  He said he had no issue with what
Officers would have done. 
Councillor Green moved refusal of the application on the basis that it was the
opinion of the Committee that there was no significant unmet demand locally to
support the granting of another licence. 
DECISION 
The Committee agreed not to grant a Taxi Car Licence to Glasgow Coach Drivers
Limited for a London Taxi TX4 registration number LO58 JXG on the basis that it
was the opinion of the Committee that there was no significant unmet demand for
taxis in the Helensburgh and Lomond area. 
It was noted that Mr McNeill would be notified of this in writing within 7 days. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
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Page 37

MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING
COMMITTEE held BY MICROSOFT TEAMS on THURSDAY, 29 AUGUST 2024 
Present: Councillor Kieron Green (Chair) 
Councillor Gordon Blair
Councillor Jan Brown
Councillor Audrey Forrest
Councillor Amanda Hampsey
Councillor Graham Hardie 
Councillor Fiona Howard
Councillor Mark Irvine
Councillor Andrew Kain
Councillor Peter Wallace 
Attending: Shona Barton, Governance Manager
Alison MacLeod, Licensing Standards Officer
David Walker, Solicitor
Lynn Holland, Applicant
Richard Holland, Applicant’s husband
Chris Needham, Applicant’s son-in-law
Marion MacNeill, Objector
John MacKinnon, Objector 
1. APOLOGIES FOR ABSENCE 
Apologies for absence were received from Councillors John Armour, Daniel Hampsey,
Paul Kennedy and Dougie Philand. 
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 (L.
HOLLAND, DEVANA CROFT, TARBERT) 
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 way of video
call and Lynn Holland joined the meeting by MS Teams along with her husband, Richard
Holland, and son-in-law Chris Needham, who was joint owner of the premises. 
Marion MacNeil and John MacKinnon, Objectors, also opted to proceed by video call and
joined the meeting by MS Teams. 
Abbie MacIver, Objector, opted to proceed by way of written submission.  A copy of this
was contained within the agenda pack issued on 22 August 2024 and was considered by
Members as part of their deliberations. 
Alan and Rita MacDonald, Objectors, opted to proceed by way of written submission.  A
copy of this was contained within supplementary agenda pack 1 issued on 23 August
2024 and was considered by Members as part of their deliberations. 
Page 37 Agenda Item 3c

Page 38

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 their application. 
APPLICANT 
Mr Holland spoke on behalf of his wife.  He said that the property was a family investment
and not purely commercial.  He said the family came to Tarbert in 2015 and collectively
fell in love with the area.  They made a decision to invest in the area and bought Devana
Croft in 2015, which had previously been a holiday home for 20 years.   
He advised that they advertised with cottages.com and primarily the let was for 7 days. 
He said it was not an Airbnb.  It was used by multi-generational families, mature guests,
and family and friends.  Many of the guests were walkers and enjoyed outdoor activities. 
He advised that many had family with historical links to the area and many were returning
guests.  He said that when the property was not occupied by guests it was used by family
and friends. 
He advised that they had set clear ground rules and conditions with cottages.com in terms
of who they would accept bookings from.  They have resisted adding additional features
that would extend the season and potentially impact neighbours.  He said that they had
received great feedback from guests and advised that they have won the Customer
Choice Award for 5 consecutive years.  He said that they focussed on good customer
service, guest safety and the local community.  He said that they consistently received 5
star reviews with many being very positive about the quality of the accommodation, the
location, and nearby tourist activities.  He pointed out that his wife had always worked in
customer care and hospitality sectors.  He referred to the recent sale of the Frigate Hotel
in Tarbert and advised that his wife was asked to run this and train the management team
which was now complete with the hotel now open again. 
He advised that Devana Croft was a unique property as it was the only one in the area
able to accommodate 8 or 9 guests. 
He said that he acknowledged the points made by his neighbours in their objections.  He
expressed surprise that these objections had gone back years.  He said he was aware of
the objections despite not being provided with detailed information.  He said he did not
recognise nor have any evidence of the issues raised. 
With reference to bin collections, he advised that when they were made aware of the issue
with commercial collections they arranged for their bins to be emptied by the same vehicle
that emptied the bins of the neighbouring properties. 
He acknowledged that the ownership and upkeep of the private road was shared by all the
residents and he confirmed he had recently paid his contribution to repair the road. 
He referred to dog fouling and advised that they allowed guests to bring a maximum of 2
well behaved dogs.  He advised that there had been no issues he was aware of other than
the one raised by Mrs MacNeill which the Licensing Standards Officer had referred to in
her presentation as happening last weekend.  He said that there had been no other
reports of incidents over the last 6 years.  He advised that as a result of the recent
incident, they have reviewed access and were currently investigating a solution.  He said
that dogs were a common occurrence on the road.   He referred to neighbours’ dogs and
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also dog walkers using the road to gain access to walks and footpaths.  He advised that of
the 29 bookings taken this year, 20 of these have brought dogs. 
He also referred to an issue raised by his neighbour, Mr MacDonald, about contractors
parking on his grass.  He said that he had visited that same day and agreed to put up no
parking signs.  He advised that he also spoke to the contractor in question to ensure this
did not happen again.  He also advised that he contacted cottages.com to update a list of
contractors they would not accept bookings from. 
He advised that they always received positive comments in their visitors’ book.  He said
this was not an Airbnb and that the minimum stay was 7 nights between April – October. 
He pointed out that they did not have a constant turnover of guests. 
He advised that tourism was the mainstay of Tarbert’s economy, with many businesses
relying on tourism.  He said they would not survive without visitors coming to stay.  He
advised that the Scottish Tourist Board have calculated that the average spend per day,
per visitor, was £42.  He said that he estimated that their guests helped to generate
£300,000 towards the local economy and if Devana Croft was not available to book this
income would be lost to the local community. 
He advised that he thought they had a good relationship with their neighbours and said
they were committed to working with their neighbours and if the licence was approved,
they would continue to put reasonable lines of communication in place and work with their
neighbours. 
He advised that when he retired they wanted to concentrate on Davena Croft.  He said
that the holiday let was their livelihood and family home.  He advised that he and his wife
had been part of village life since 2015 and have had a home there since 2019.  He said
they played an active part in the community through volunteering.  He advised that he had
recently taken on the role of Treasurer with the local bowling club and that they were
actively seeking to bring a tennis centre to the village. 
He said that they were not faceless owners and communicated frequently with guests
before, during and after their visits. 
He advised that they offered high quality, safe accommodation that, he said, benefited the
local community. 
He said that he thought they had an open relationship with neighbours and that they were
surprised by the objections.  He said that he hoped that any future concerns would be
raised with them so that solutions could be found. 
He said this holiday let was an investment for his children. 
QUESTIONS FROM OBJECTOR 
Marion MacNeill 
Mrs MacNeill asked if the short-term let application was for rental of the property between
April and October.  Mr Holland advised that the licence applied for was for 52 weeks.  He
said that the property was usually occupied for 20 – 30 weeks per year.  He said that they
had 29 bookings this year, which would be well within the parameters. 
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OBJECTORS 
Marion MacNeill 
Mrs MacNeill said that she lived directly opposite the property and that her privacy had
gone.  She referred to the steep road leading down to the drive and explained that people
reversed down it.  She said their daytime running lights would shine right into her living
room.  She advised that sometimes people would sit for up to 10 minutes in their cars and
look into her home.  She said she did not experience this problem before the property was
a holiday let. 
She referred to a recent incident involving visiting divers.  She said that she could hear
horns blasting from her house.  She said she had photographic evidence of parking that
week which involved 2 cars and 4 vans.  She said that she had a private driveway and
people had to use it to get past. 
She referred to Police Scotland being consulted and advising that they had no record of
any incidents relating to the premises over the last 3 years. She advised that she had
photographic evidence of Mr and Mrs Holland breaking Covid rules.  She said the family
came from down south and used Devana Croft in April 2021.  She said that this was more
than 3 years ago.  She said that the family had broken the Covid rules on a few occasions
and that they had been using the Croft when people were not meant to. 
She referred to Mr Holland advising a recent Residents Association meeting that the
property would be rented out for 28 weeks.  She said that it has already been rented out
for 16 weeks and that Mrs Holland had posted on Facebook that if anyone wanted to
make use of the place to come now as they were fully booked until November.  She said
this would take bookings to more than 28 weeks. 
She referred to waste collection and advised that the property’s bins were not emptied last
week. 
She referred to Mr Holland advising that he had taken up the post of Treasurer of the
bowling club and was looking to bring a tennis centre to the village.  She advised that this
project has been in the pipeline for many years and not something set up by Mr Holland. 
She referred to Mr and Mrs Holland advising that this was a retirement investment.  She
commented on Mrs Holland working at The Frigate and said she believed she had a part
time job in the village.  She said this was not retirement if she was still working part time in
the village. 
She said her own privacy was being impacted by the people using that house.  She
referred to visitors coming to the house with a van and boat trailer and reversing down the
drive with their lights shining into her property.  She said you could not turn daylight
running lights off on a car. 
John MacKinnon 
Mr MacKinnon advised that, contrary to the solicitor’s letter regarding the title deeds, a
building should not be used for any purpose that might contribute to nuisance to the
neighbourhood.  He said that it was obvious that the owners of this property were
contributing to nuisance to the neighbourhood and so were going against the terms of the
property’s deeds.
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He referred to it being recommended in the Committee report that the application be
granted and said this was a commercial business taking precedence over the objections
from 7 objectors.  He said the objections were being set aside in the interests of this
commercial project. 
He referred to it being stated that some of the complaints were not valid and not relevant
to the application as they had not been reported to the relevant authorities, for example,
Police Scotland and Environmental Health.  He said that if they were to phone up Police
Scotland to complain about dog fouling or headlights shining into their homes their
complaints would be dismissed out of hand.  He said that whether these events were
notified or not, they were still doing damage to the quality of life the neighbours had. 
He referred to responses given by the Applicant in respect of some of his objections.  He
said that his objections had not been resolved.  He said that if this licence was granted,
the resale value of their homes would go down. 
He advised that he had submitted a Freedom of Information request to find out how many
letting applications which had objections, had been granted.  He said that to date none of
the objections had been upheld and the applications had always been granted.  He said
this led him to believe the licensing process was a farce.  He asked the Committee to
prove him wrong. 
He referred to Mr Holland claiming he had good relationships with the neighbours.  He
said that they did not have a good relationship with him.  He referred to a dispute involving
a fence he had put up for privacy.  He said that Mr Holland had complained about it and
had threatened him with legal action. 
The Chair thanked Mr MacKinnon for his representation and confirmed that there would
be no opportunity within the procedure for him to ask questions of the Committee directly. 
QUESTIONS FROM APPLICANT 
Mr Holland referred to there being a lot of general comments.  He asked Mr MacKinnon to
confirm that the reason they had sent a letter regarding legal action about the fence was
because Mr MacKinnon had placed the fence partly on their land and beyond his
boundary.  Mr MacKinnon confirmed that the fence was over the boundary by 25 mm.  He
explained this was because they had placed the front facing side towards Mr Holland’s
house. 
Mr Holland commented that he could provide Mrs MacNeill with information from Argyll
and Bute Council about the waste collection.  He said that every bin collection had
happened since they changed the collection to be the same vehicle as the rest of the
residents. 
MEMBERS’ QUESTIONS 
Councillor Irvine asked the Applicant to clarify their management process in terms of who
lived nearby to do the changeovers and laundry etc.  Mrs Holland advised that she mostly
did it.  She said that her husband was fully retired.  She advised that the changeover
happened on each Saturday and that she did the laundry.  She said that they maintained
contact with all their guests during their stay.  She said they were not present at the
property when they arrived but they did phone them once they arrived to check everything
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was okay.  She said that they communicated with the guests from the moment of booking
through to them arriving, during their stay, and then leaving.  She said they did not
randomly turn up to the property while the guests were there as she thought that would be
an invasion of their privacy.  She said that they lived in the village and had moved there
permanently 2 years ago.  She said they were on hand and readily available to their
guests at any time. 
Councillor Irvine sought and received confirmation from Mrs Holland that if there were any
incidents or issues, they were only a few minutes away. 
Councillor Brown asked the Applicant if it would be possible for them to put up no dog
fouling notices so residents were more aware and focussed on the dog issue.  Mrs
Holland said that they would be open to any ideas or suggestions.  She said that this was
referred to in the visitors’ handbook and that there was also a notice up on the inside of
the door leading out of the property.  She said she would be open to putting up more
notices. 
Councillor Brown referred to the handbook asking visitors to be mindful of people at night
and not to have loud music.  She asked Mrs Holland if they had a cut off time limit put on
that.  Mrs Holland said there was not a specific time.  She said that the majority of guests
were multi-generational from grandmas down to grandchildren.  She said she would be
happy to put a time limit on playing loud music. 
Councillor Green sought and received confirmation from Mrs Holland that she would
accept a time limit of 9 or 10 pm. 
Councillor Green sought and received confirmation from the Council’s Solicitor that it
would be appropriate to put a condition on the use of the areas outside. 
Councillor Green referred to Mrs MacNeill’s complaint about vehicles coming and going
and asked if she would accept that this could occur regardless of whether the property
was occupied permanently or as a short-term let.  He referred to people going down into
the village to socialise at night.  Mrs MacNeill said it was not just a problem at nighttime
and that people were coming and going all the time.  She referred to LED lights being
brighter and people regularly coming down the road.  She referred to foreign visitors
putting stones behind their wheels while parked on the slope.   
Councillor Green asked Mrs MacNeill if she would accept that this issue was caused by
the design of the estate and the conditions of the road rather than who was occupying the
property.  He said that a permanent resident may also come and go for whatever reason. 
Mrs MacNeill said that permanent residents like herself did not use their car all the time. 
She said that her car was not used for 2 or 3 days at a time.  She said guests would come
and go out and about all the time.  She said it never seemed to be a problem with local
residents. 
Councillor Blair asked the Objectors what type of engagement they’d had with guests. 
Mrs MacNeill said she stayed opposite the property and had the most dealings with those
coming and going.  She said she could be sitting outside in the summer and most would
be friendly and come over and speak and others were not.  She said that on one occasion
she was asked by a guest how long she was staying for.  When she advised that she lived
there they were surprised. 
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Councillor Blair asked the Applicant if they had received any complaints from guests in
respect of any engagement with neighbours.  Mrs Holland said there had been no
complaints.  She advised of one neighbour lending guests a hosepipe for their children. 
Any comments received from guests were always that the neighbours were nice to them. 
Councillor Kain sought and received confirmation from Mr Holland that the property was at
the end of a cul-de-sac, with 2 complainants at the far end of it, Mrs MacNeill facing the
property and Mr MacKinnon and Mr MacDonald either side of it.  He said that some
neighbours were 20 to 30 metres away and others were 120 to 130 metres away from the
property. 
Councillor Green sought and received clarification from Mrs MacNeill that she had never
contacted the Applicant about any issues.  Mr MacKinnon advised that the only issue he
had was in relation to the fence and he said that they had been very legalised and evasive
in their dealings with him. 
SUMMING UP 
Objectors 
Mrs MacNeill 
Mrs MacNeill referred to Covid rules being broken.  She referred to Mrs Holland advising
there were only 7 day lets and she pointed out that people came just for the weekend or
from Monday to Friday.  She said it was not always for 7 days and that she had witnessed
that. 
She questioned how many people in the meeting today had difficulty with neighbours
changing every week of their life.  She referred to not knowing who her neighbours would
be each week. 
Councillor Green acknowledged Mrs MacNeill’s question which, he advised, may be
responded to during the Members’ debate but could not be responded to at this point. 
Mr MacKinnon 
Mr MacKinnon advised that he thought he had covered everything.  He said that he could
put further points in writing and send them to the Committee if he was not too late. 
Councillor Green advised that there was no opportunity for Mr MacKinnon to put any
further points in writing as the decision would be taken today. 
Mr MacKinnon advised that Mr Holland had painted a picture of neighbours being
welcoming, with cosy relationships and he said this was not the case.  He said that all the
Objectors found the family difficult to deal with.  He said he could not see why they had to
be subjected to this nuisance and why the Applicant’s interests were being put before the
Objectors. 
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Applicant 
Mr Holland 
Mr Holland said there had been quite a number of sweeping statements.  He referred to
the Covid issue and confirmed that this happened on one occasion when the Scottish
hospitality, including second home owners, were given permission by the Scottish
Government to visit their properties to ensure everything was adequate for renting, given
the time they had lain empty.  He said that it was their son-in-law, Chris Needham who
was joint owner of the property, that had visited and that the Police had arrived on one
occasion.  He said it was confirmed that no rules were broken.  He said that they were
upset that Mrs MacNeill continued to bring this up.  He said it was one visit and it had
been clarified on that occasion at the time. 
He referred to Mrs MacNeill advising of 3 vehicles being outside the property.  He advised
that they encouraged visitors to use the double garage and that many did.  He
acknowledged that when cars went down the drive their headlights would shine back up
the hill.  He said they have asked guests to be mindful of neighbours and pointed out that
if they drove on the right hand side of the road the lights would not shine on the
neighbouring property but if they drove on the left hand side, they would.  He said that
they were open to suggestions and thought that they had been proactive over the 6 years
to any issues.  He noted that it had been confirmed by the Objectors that they had not
communicated any specific issues to them. 
He said they were disappointed that the Objectors had not found the time to raise any
concerns over the years as they would have been dealt with. 
Chris Needham 
Mr Needham said he was disappointed to hear the remarks made about relationships with
the neighbours.  He advised that they had visited 3 or 4 weeks ago and had a very friendly
chat with Mrs MacNeill and that they had been invited for drinks with Mr MacKinnon and
Ms Moss on regular occasions.  He said he would like to draw to the Committee’s
attention that it was their view that they had a reasonable relationship with the neighbours
and that if their perception was different then they would accept that. 
He referred to the submission from Mr MacDonald regarding the technical issue of the
road.  He advised that as part of this submission he had stated that he did not claim to
have experienced any disturbance from guests. 
He referred to complaints by Mrs MacNeill about car lights shining into her property. He
said that Mrs MacNeill and her husband had several vehicles and there have been
occasions when their car lights have shone into their kitchen.  He said they have never
had an issue with that.   He said that he accepted this as part and parcel of being located
in a cul-de-sac where there was continuous and one way driving in operation. 
The Chair sought confirmation from all parties that they had received a fair hearing. 
Mrs MacNeill advised that she had not received a fair hearing and this was noted. 
Mr MacKinnon, Mr and Mrs Holland, and Mr Needham confirmed that they had received a
fair hearing. 
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DEBATE 
Councillor Irvine referred to all the objections.  He said he personally found it was not
applicable in respect of the number of weeks the property was let.  He did not think the
issue around Covid was relevant.   He advised that there appeared to be a lot of
neighbour related tension as opposed to specific issues regarding the letting of the
property.  He said he was reassured that the owners lived nearby.  He referred to the
recommended conditions to address the concerns from the objectors around anti-social
behaviour, privacy, littering and waste, and management of dogs.   He said that there
were a number of objections that needed to be disregarded, as they were not relevant for
the Committee. 
Councillor Kain said he disagreed with Councillor Irvine.  He advised that while not directly
relevant in procedural issues; the issues were relevant from a community perspective.  He
referred to the title deeds and suggested any new title deeds being drawn up now would
now refer to this type of use being objected to.  He referred to 6 neighbours objecting and
noted that they all lived within the cul-de-sac.  He said the Committee needed to take into
account the relationships with the neighbours.  He said he was not sure if the Committee
could apply anything to this in that respect. He said he did not think the Committee were in
a good place with these applications. 
Councillor Green commented on the questions raised by the Objectors.  He referred to
none of the applications being refused that have come before the Committee to date.  He
pointed out that each application was considered in detail and debated on and in some
cases additional conditions were applied to licences.  He referred to discussion had today
about including a condition in respect of the use of outside areas. 
Councillor Green also referred to the question asked about the Committee having
experience of living with neighbours that frequently changed.  He advised that he lived in a
flat in Oban, which had an Airbnb in the same close so he did have the experience of
changeovers right next to him.  He advised that as a Committee they understood the
impact of short-term lets on neighbours, which were both positive and negative. 
Councillor Brown referred to this being a single lane from a main road into a cul-de-sac. 
She commented on the fact that the Applicant has been running this let for 6 years and
understood that during those 6 years anything that has come up in respect of issues with
neighbours has been dealt with.  She said it was striking that the Applicant was shocked
about the amount of ill feeling and complaints that have come up since applying for the
licence.  She said she found it disconcerting that people did not feel they could approach
their neighbours.  She noted that the Applicant had been running the business for 6 years
and as far as they were concerned, everything was fine.  She said it was important to take
account of everyone’s point of view.  She advised that she thought the Objectors should
have been raising these issues long before now so things could be done and attended to. 
Councillor Blair said that he felt as a Committee they gave due diligence to each
application they determined.  He said they took their regulatory role seriously.   He
advised that he lived at the end of a Terrace in Dunoon and had an Airbnb next door to
him for a time.  He said that visitors from Japan, China and Aberdeen came to stay with
no issues.  He acknowledged that he might have been lucky.  He said he understood the
concerns and angst of the neighbours.  He said it was reassuring to hear that guests and
visitors had good relations with the neighbours.  He said it was important for bridges to be
built between the neighbours and the Applicant.   
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Councillor Green sought comment from Members on how they felt about adding a
condition with a time limit on use of the outdoor space.  He suggested 9 or 10 pm. 
Councillor Brown advised that she stayed in a small village and that the house across the
road was a short-term let with no issues.  She said there was also another short-term let in
the village that people did have issues with.  She said she would agree with the Chair
about putting a time limit on use of the outdoor space.  She suggested 9.30 or 10 pm at
the very latest. 
Councillor Forrest agreed that a 10 pm limit would be reasonable.  Having heard
everyone, she confirmed that she weighed these things up carefully.  She advised that
she thought the Applicant had made every attempt to try to resolve problems.  She
commented that they had shown due diligence in getting the changes made to the uplift of
the bins. 
Councillor Green suggested 10 pm would be a good time.  He referred to this part of the
world being fortunate to experience late sunsets during the summer months. 
Councillor Blair said he would be happy to go with the recommendations in the report with
the additional condition.   
Further discussion took place on the wording of an additional condition putting a time limit
on the use of the outdoor space.  It was agreed there was a need to be more specific in
terms of what the outdoor space could be used for up to a certain time.  It was agreed to
put a time limit on the playing of music. 
Having sought advice from Officers the Chair moved that the short-term licence be
granted subject to the additional conditions set out in report in respect of privacy and
security; littering and waste disposal; and anti-social behaviour, with condition 3 under
anti-social behaviour amended to read “the licence holder must take reasonable steps to
ensure that guests do not play amplified music within the garden or external areas
between the hours of 9 pm and 7 am”. 
No one was otherwise minded. 
DECISION 
The Committee agreed to grant a short-term let licence to Mrs Holland subject to the
additional conditions set out in the report in respect of privacy and security; littering and
waste disposal; and anti-social behaviour, with condition 3 under anti-social behaviour
amended to read - 
“The licence holder must take reasonable steps to ensure that guests do not play
amplified music within the garden or external areas between the hours of 9 pm and 7 am”. 
(Reference: Report by Head of Legal and Regulatory Support, submitted) 
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Classification: OFFICIAL
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: 22/01986/PPP
Planning Hierarchy: Local Development 
Applicant: Beaton And McMurchy Architects Ltd
Proposal: Site for the erection of dwellinghouse
Site Address:  Land North of Lynburn, Rowan Road, Oban
_________________________________________________________________________
SUPPLEMENTARY REPORT NO. 2 
(A)  INTRODUCTION 
This application was presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 21 February 2024 where the application was approved subject
to conditions and the conclusion of a Section 75 Agreement. 
The purpose of this current Supplementary Report is to advise Members of a change
in circumstances regarding legal control over the relevant section of land that negates
the requirement for a Section 75 Agreement, as addressed in Section B below. 
(B) REQUIREMENT FOR A SECTION 75 AGREEMENT 
This application was presented to the Committee in February 2024 and was approved
subject to conditions and the conclusion of Section 75 Agreement to secure an area of
land from a third party within the private road corridor at the junction with the public
road. The Section 75 Agreement was required to ensure that the required upgrades to
the private access road at its junction with the public road could be achieved within
land under the control of the developer. 
During the preparation of the Section 75 Agreement and prior to its conclusion and
issue of a formal determination, it has subsequently been demonstrated that the
developer has now gained legal control over the relevant section of land within the
private road corridor at the junction with the public road. The Section 75 Agreement is
therefore no longer required and this matter can now be satisfactorily addressed by
planning condition. 
Condition 4 relative to the application relates to vehicular access, parking and turning
and states that, pursuant to Condition 1, no development shall commence until plans
and particulars of the means of vehicular access and parking/turning arrangements to
serve the development have been submitted to and approved by the Planning
Authority, to include the necessary upgrade to the existing private road at the junction
with the public road and the associated commensurate improvements to the existing
private access. Condition 4 further states that prior to work starting on site, the
approved scheme of works shall be completed, and the visibility splays shall be cleared
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Classification: OFFICIAL
of all obstructions. In the absence of a S75 Agreement, it is proposed to amend the
terms of Condition 4 to include a requirement for the written approval of the completed
scheme of works by the Planning Authority prior to work staring on the construction of
the dwellinghouse. The full list of conditions, to include the amendment to Condition 4,
is appended to this report. 
_________________________________________________________________________ 
(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
granted, subject to the conditions and reasons appended to Supplementary Report
No. 2. 
______________________________________________________________________ 
Author of Report: Emma Shaw   Date: 04.09.2024 
Reviewing Officer: Peter Bain                  Date: 04.09.2024  
Fergus Murray 
Head of Development and Economic Growth 
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Classification: OFFICIAL 
APPENDIX A – CONDITIONS AND REASONS RELATIVE TO APPLICATION NO.
22/01986/PPP, TO INCLUDE AN AMENDMENT TO CONDITION 4, VEHICULAR ACCESS,
PARKING AND TURNING. 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 22/01986/PPP  
Standard Time Limit Condition  (as defined by Regulation)  
Standard Condition on Soil Management During Construction  
Additional Conditions    
1. PPP – Matters Requiring AMSC Submission  
Plans and particulars of the matters specified in Conditions 3, 4, 5, 7, 8 and 9 below
shall be submitted by way of application(s) for Approval of Matters Specified in
Conditions in accordance with the timescales and other limitations in Section 59 of the
Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the
development shall be completed wholly in accordance with the approved details.  
Reason: In accordance with Section 59 of the Town and Country Planning (Scotland)
Act 1997 (as amended).    
2. PPP - Approved Details 
The development shall be implemented in accordance with the details specified on the
application form dated 30.09.2022 supporting information and, the approved drawings
listed in the table below.  
Plan Title. Plan Ref. No. Version Date Received
Site Plan & Section  2034 02 B 13.10.2022
Site & Location
Plans 
2034 03 B 13.10.2022
Cross Sections 2034 04   01.12.2022
Site & Location
Plans Road
Improvements
Proposals 
2034 07 A 06.02.2024
Junction Site Plan
as Proposed 
2034 11   06.02.2024  
Reason: To accord with Regulation 28 of the Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013.    
3. Timescale to be Agreed for Completion 
Pursuant to condition 1 - no development shall commence until details of the proposed
timescale for completion of the approved development have been submitted to and
approved by the Planning Authority. Thereafter, the development shall be implemented
in accordance with the duly approved timescale for completion unless an alternative
timescale for completion is otherwise agreed in writing with the Planning Authority. 
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Classification: OFFICIAL  
Reason: In order to comply with the requirements of NPF4 Policy 16F.  
4. Vehicular Access, Parking and Turning 
Pursuant to Condition 1 – no development shall commence until plans and particulars
of the means of vehicular access and parking/turning arrangements to serve the
development have been submitted to and approved by the Planning Authority. Such
details shall incorporate: 
i) The upgrade of the existing access at the connection with the public road in
accordance with the Council’s Roads Standard Detail Drawing SD08/002a with
visibility splays measuring 2.4 metres to point X by 25 metres to point Y; 
ii) The provision of a parking and turning area in accordance with the
requirements of Policy LDP 11 and Supplementary Guidance SG LDP TRAN
6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015; 
iii) The provision of a footway to be provided over the total length of the private
road; 
iv) A road carriageway with a minimum width of 3 metres; 
v) The provision of passing places in accordance with Operational Services
Drawing 08/003a at locations approximately 50m, 90m and 180m from the
junction with the public road; 
vi) The provision of a turning head in accordance with Figure 18 of The Roads
Development Guide to be provided at the location where the private road
separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading
to ‘High Acres’ / ‘Rowan Hill’, with a bin storage area to the rear of the turning
head; 
vii) The provision of street lighting ducting to be installed from the junction with the
public road to the location where the private road separates to serve the
dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ /
‘Rowan Hill’; 
Prior to any work starting on site, the visibility splays shall be cleared of all obstructions
such that nothing shall disrupt visibility from a point 0.6m above the road carriageway
at point Y and the visibility splays shall be maintained clear of all obstructions
thereafter. 
The approved scheme of road improvement works shall be fully implemented prior to
any works commencing in relation to the construction of the dwelling. The developer
shall provide written notification to the planning authority upon completion of the
approved road improvement works and shall not proceed with any further development
within the application site boundary until such time as written confirmation has been
received from the planning authority, in consultation with the Council’s Roads
Engineers, that the completed road improvements are satisfactory. 
Reason: In the interests of road safety. 
Note to applicant:
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Classification: OFFICIAL 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained
from the Council’s Roads Engineers prior to the formation/alteration of a
junction with the public road. 
• The access shall be constructed and drained to ensure that no surface water
is discharged onto the public road. 
5. PPP – Availability of Connection to Public Water Supply 
Pursuant to Condition 1 - no development shall commence on site until authorisation
has been given by Scottish Water for connection to the public water supply.
Confirmation of authorisation to connect shall be provided in writing to the Planning
Authority before commencement of development. 
Reason: To ensure that the development is adequately served by a public water
supply. 
Note to Applicant:
• In the event that a public water supply connection cannot be obtained an
alternative private water supply would constitute a material amendment
requiring the submission of a further planning application.    
6. Sustainable Drainage System 
Notwithstanding the provisions of Condition 2, the development shall incorporate a
surface water drainage system which is consistent with the principles of Sustainable
urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753. The requisite surface water drainage shall be operational prior to the
development being brought into use and shall be maintained as such thereafter.  
Reason:  To ensure the provision of an adequate surface water drainage system and
to prevent flooding.    
Note to Applicant: 
• Further advice on SuDS can be found in SEPA’s Standing Advice for Small
Scale Development – www.sepa.org.uk .    
7. Design and Finishes 
Pursuant to Condition 1 – no development shall commence until plans and particulars
of the site layout, design and external finishes of the dwellinghouse has been submitted
to and approved by the Planning Authority. These details shall incorporate:  
i) A statement addressing the Action Checklist for developing design contained
within the Argyll and Bute Sustainable Design Guide 2006;
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Classification: OFFICIAL  
ii) A statement addressing how the proposed development has been designed to
be consistent with the six qualities of successful places, as defined within
Policy 14 of NPF4;  
iii) Local vernacular design; 
iv) Maximum of one and three quarter storey in design;  
v) Rectangular footprint with traditional gable ends;  
vi) Symmetrically pitched roof angled between 35 and 42 degrees finished in
natural slate or good quality artificial slate;  
vii) External walls finished in white wet dash roughcast, white smooth render,
natural stone, timber cladding or a mixture of these finishes;  
viii) Details of finished ground floor levels relative to an identifiable fixed datum
located outwith the application site, along with details of the existing and
proposed site levels shown in the form of section drawings, contour plans, site
level surveys, or a combination of these;  
ix) Windows with a vertical emphasis; and 
x) Details of an area within the application site for the placement of
refuse/recycling bins.  
Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act
1997 as amended, and in order to integrate the proposed dwellinghouse with its
surroundings.    
8. Landscaping and Biodiversity Enhancement  
Pursuant to Condition 1 - no development shall commence until a scheme of boundary
treatment, surface treatment and landscaping has been submitted to and approved by
the Planning Authority. The scheme shall include details of:  
i) Location, design and materials of proposed walls, fences and gates;  
ii) Surface treatment of proposed means of access and hardstanding areas;  
iii) Any proposed re-contouring of the site by means of existing and proposed
ground levels;  
iv) Proposed hard and soft landscape works; and  
v) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits
will be maintained for the lifetime of the development.  
The development shall not be occupied until such time as the physical biodiversity
enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and
insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and
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Classification: OFFICIAL
any re-contouring works have been completed in accordance with the duly approved
scheme.  
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use.  
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority.  
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate.  
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity.    
9. Pre-commencement Survey 
Pursuant to Condition 1 - no development or other work shall be carried out on the site
until a pre-commencement survey for the presence of nesting birds has been carried
out by an appropriately qualified person and has been submitted for the written
approval of the Planning Authority. In circumstances where species of interest are
identified as being present, or at risk from construction works, the survey shall further
provide suggested avoidance and or mitigation measures, including timing constraints,
to address such presence or risk. The development shall be implemented in
accordance with the measures identified in the duly approved scheme. 
Reason: In order to establish that the circumstances of the site have not changed
significantly between approval and implementation of the development for the purpose
of protecting natural heritage assets in the interest of nature conservation.   
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Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2005
Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings.
OS License No. XYZ123ABC
Location Plan Relative to Planning Application:22/01986/PPP
O
1:1,250
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Page 57

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: 23/00185/PP
Planning Hierarchy: Local Development 
Applicant: Torloisk Estate
Proposal: Conversion and extension of stone barn to form dwellinghouse,
installation of septic tank and formation of vehicular access
Site Address:  Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull
_________________________________________________________________________
SUPPLEMENTARY REPORT NO. 4 
(A)  INTRODUCTION 
This application was presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 22 May 2024, where the Committee agreed to continue
consideration of the application to the meeting of the PPSL Committee on 19 June
2024. Supplementary Reports were presented to the Planning, Protective Services
and Licensing (PPSL) Committee on 19 June 2024 and 21 August 2024. 
The purpose of this current Supplementary Report is to update Members on the status
of the further information requested in relation to Policy 83 of Local Development Plan
2, as addressed in Section B below. 
(B) REQUESTED INFORMATION 
Further information has been requested from both the applicant and the tenant farmer
in relation to the impact of the proposed development with regards to the provisions of
LDP2 Policy 83 – Safeguarding Agricultural and Croft Land.  Additional time is required
to gain the requested information from the relevant parties and to subsequently assess
the information with regards to the provisions of LDP2 Policy 83. 
_________________________________________________________________________ 
(C) RECOMMENDATION   
That Members note the content of this report and continue consideration of this
application when the requested information has been received and assessed. 
______________________________________________________________________ 
Author of Report: Emma Shaw   Date: 04.09.2024 
Reviewing Officer: Kirsty Sweeney           Date: 04.09.2024  
Fergus Murray 
Head of Development and Economic Growth 
Page 57 Agenda Item 5

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Page 59

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: 23/00185/PP
Planning Hierarchy: Local Development 
Applicant: Torloisk Estate
Proposal: Conversion and extension of stone barn to form dwellinghouse,
installation of septic tank and formation of vehicular access
Site Address:  Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull
_________________________________________________________________________
SUPPLEMENTARY REPORT NO. 3 
(A)  INTRODUCTION 
This application was presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 22 May 2024, where the Committee agreed to continue
consideration of the application to the meeting of the PPSL Committee on 19 June
2024. A Supplementary Report was presented to the Planning, Protective Services
and Licensing (PPSL) Committee on 19 June 2024. 
The purpose of this current Supplementary Report is to update Members on the status
of the further information requested in relation to Policy 83 of Local Development Plan
2, as addressed in Section B below. 
(B) REQUESTED INFORMATION 
Further information has been requested from both the applicant and the tenant farmer
in relation to the impact of the proposed development with regards to the provisions of
LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. 
Additional time is required to gain the requested information from the relevant parties.  
_________________________________________________________________________ 
(C) RECOMMENDATION   
That Members note the content of this report and continue consideration of this
application to the meeting of the PPSL Committee on 18 September 2024 to allow for
the requested information to be prepared. 
______________________________________________________________________ 
Author of Report: Emma Shaw   Date: 12.08.2024 
Reviewing Officer: Sandra Davies           Date: 12.08.2024  
Fergus Murray, Head of Development and Economic Growth 
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Page 61

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: 23/00185/PP
Planning Hierarchy: Local Development 
Applicant: Torloisk Estate
Proposal: Conversion and extension of stone barn to form dwellinghouse,
installation of septic tank and formation of vehicular access
Site Address:  Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull
_________________________________________________________________________
SUPPLEMENTARY REPORT NO. 2 
(A)  INTRODUCTION 
This application was presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 22 May 2024, where the Committee agreed to continue
consideration of the application to the meeting of the PPSL Committee on 19 June
2024. 
The purpose of this Supplementary Report is to update Members on the status of the
further information requested in relation to Policy 83 of Local Development Plan 2, as
addressed in Section B below. 
(B) REQUESTED INFORMATION 
Further information has been requested from both the applicant and the tenant farmer
in relation to the impact of the proposed development with regards to the provisions of
LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. 
Additional time is required to gain the requested information from the relevant parties.  
_________________________________________________________________________ 
(C) RECOMMENDATION   
That Members note the content of this report and continue consideration of this
application to the meeting of the PPSL Committee on 21 August 2024 to allow for the
requested information to be prepared. 
______________________________________________________________________ 
Author of Report: Emma Shaw   Date: 10.06.2024 
Reviewing Officer: Tim Williams               Date:  10.06.2024  
Fergus Murray 
Head of Development and Economic Growth 
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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: 23/00185/PP
Planning Hierarchy: Local Development 
Applicant: Torloisk Estate
Proposal: Conversion and extension of stone barn to form dwellinghouse,
installation of septic tank and formation of vehicular access
Site Address:  Land West Of Lagganulva Farm, Ulva Ferry, Isle of Mull
____________________________________________________________________________  
SUPPLEMENTARY REPORT NO. 1 
(A)  INTRODUCTION 
This application is to be presented to the Planning, Protective Services and Licensing
(PPSL) Committee on 22 May 2024. 
The purpose of this Supplementary Report is to bring Member’s attention to late
representations received regarding the proposed development which is addressed in
Section B below.  
______________________________________________________________________ 
(B) REPRESENTATIONS     
A late representation has been received from Cllr Willie Hume, local member for Oban
South and the Isles (received 21st May 2024) raising the following issues: 
“I have been contacted by one of my constitutions, all be it very late in the day regarding
Planning Application 23/00185/PP. 
A few points I would like to highlight before tomorrows meeting. 
1 The application states that the house will connect to a public water supply, there is no
public water supply in that area.
2 The electricity supply is on the opposite side of the road, the application does not state
if the supply will be overhead or underground. If it is poles and overhead wires this will
impact the surrounding landscape.
3 The proposed development is contrary to polices LDP Strat 1 and LPD 9 of the local
development plan, I would strongly recommend a SITE VIST before any decision is made.” 
Comment: It is noted that the application is to be served by a private water supply, this
matter is detailed in the main report of handling. It is noted that the provision of a
connection to the electricity network is not a matter that requires express planning
permission. The reference to LDP STRAT 1 and LDP 9 is unclear and it is assumed is
made with reference to the now superseded Argyll and Bute Local Development Plan
2015. It is noted that there is no obvious conflict in respect of the intentions of LDP STRAT
1 which promotes the concept of sustainable development which is now looked at more
extensively under the provisions of LDP2; it is also noted that the provisions of LDP 9
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related to development setting, layout and design – again matters which are all reflected
in detail within the updated context of LDP2 and against which officers have set out their
assessment of the proposal and a recommendation that the current application is in
accordance with these requirements. It is noted that officers have undertaken a site visit
in their own assessment of the proposal and will include site photographs in their
presentation to PPSL; it would be up to members to determine if a further site appraisal
would add value to their own consideration of this matter. 
A further late issue has been conveyed as a verbal representation (further to her original
written representation) from Kirsty Leitch to the Planning Authority, advising that the
replacement agricultural building, as detailed within application reference
24/00259/PNAGRI, would not be suitable for the agricultural activities associated with the
farm. 
Comment: The comments regarding the replacement agricultural building are noted. It is
proposed to amend Condition 15 – Phasing of Development, relative to the application to
allow for increased flexibility for an alternative scheme for the provision of the replacement
barn. 
A late representation has been received, by email only, from Helen Mackay, dated
21.05.2024. The representation is summarised as: 
The replacement agricultural building is unsuitable, in practical terms, for the required
agricultural purposes. The field forming part of the application site for the new house is
part of the farm’s in-bye land and is classified as improved grassland. The field is used for
holding hoggs on their return from away-wintering and at this time all other in-bye land is
used to capacity. If allocating another field for these purposes, flock size would have to be
reduced, losing support payments and productivity. This would be contrary to LDP2 Policy
83 where this would result in this loss of agricultural land where it weakens the viability of
the agricultural unit. Housing hoggs elsewhere would be costly and an additional building
would have visual impacts. 
Comment: The development proposed by the current application seeks to develop an
existing barn and a rough area of adjacent ground. In terms of the land capability for
agriculture, the application site falls within Class 5.2 where the land is capable of use as
improved grassland, where pasture establishment may be difficult to maintain. NPF 4
Policy 5, sets out ‘Prime Agricultural Land’ as being Class 1, 2 or 3.1 in the land capability
classification for agriculture. The proposed development would be of a location that it
would not impact upon prime agricultural land, and its limited scale is such that it would
not impact significantly upon land of lesser quality that is culturally or locally important for
primary use, with due consideration to the extent of the wider agricultural landholding. 
The full list of conditions, to include the amendment to Condition 15, is appended to this
report. 
____________________________________________________________________________ 
(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
granted subject to the conditions and reasons appended to Supplementary Report No. 1. 
______________________________________________________________________ 
Author of Report: Emma Shaw   Date: 21.05.2024 
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Reviewing Officer: Peter Bain                   Date: 21.05.2024  
Fergus Murray 
Head of Development and Economic Growth 
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APPENDIX A – CONDITIONS AND REASONS RELATIVE TO APPLICATION NO.
23/00185/PP, TO INCLUDE AN AMENDMENT TO CONDITION 15, PHASING OF
DEVELOPMENT. 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00185/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 01.02.2023, supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Existing Drawings
1 (downtakings in
red)
PL_003  02.02.2023
Existing Drawings
2 (downtakings in
red)
PL_004  02.02.2023
Proposed
Elevations
PL_008  02.02.2023
Proposed Plan PL_006  02.02.2023
Proposed Section
A-A South
Elevation and
Section B-B
PL_007  02.02.2023
Proposed Renders PL_009  02.02.2023
Proposed Interior
Renders 
PL_010  02.02.2023
Existing Site Plan PL_002  27.02.2023
Proposed Site Plan PL_005  27.02.2023
Proposed Plan PL_006  27.02.2023
Location Plan PL_001  27.02.2023 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. Timescale to be Agreed for Completion 
No development shall commence until details of the proposed timescale for completion
of the approved development have been submitted to and approved by the Planning
Authority. Thereafter, the development shall be implemented in accordance with the
duly approved timescale for completion unless an alternative timescale for completion
is otherwise agreed in writing with the Planning Authority. 
Reason: In order to comply with the requirements of NPF4 Policy 16F.  
3. Sustainable Drainage System 
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Notwithstanding the effect of Condition 1, the development shall incorporate a surface
water drainage system which is consistent with the principles of Sustainable urban
Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water
drainage shall be operational prior to the development being brought into use and shall
be maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
Note to Applicant: 
• Further advice on SuDS can be found in SEPA’s Standing Advice for Small
Scale Development – www.sepa.org.uk .  
4. Landscaping and Biodiversity Enhancement 
No development shall commence until a scheme of biodiversity protection and
enhancement, boundary treatment, surface treatment and landscaping has been
submitted to and approved by the Planning Authority. The scheme shall include details
of: 
i) Location, design and materials of proposed walls, fences and gates; 
ii) Surface treatment of proposed means of access and hardstanding
areas; 
iii) Any proposed re-contouring of the site by means of existing and
proposed ground levels; 
iv) Proposed hard and soft landscape works; and 
v) A biodiversity statement demonstrating how the proposal will contribute
to conservation/restoration/enhancement of biodiversity, and how
these benefits will be maintained for the lifetime of the development. 
The development shall not be occupied until such time as the physical biodiversity
enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and
insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and
any re-contouring works have been completed in accordance with the duly approved
scheme. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
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Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity.  
5. Junction with Public Road 
Notwithstanding the provisions of Condition 1, the proposed access shall be formed in
accordance with the Council’s Roads Standard Detail Drawing SD08/004a and shall
include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre
line of the proposed access. The access shall be surfaced with a bound material in
accordance with the stated Standard Detail Drawing. Prior to work starting on site the
access hereby approved shall be formed to at least base course standard and the
visibility splays shall be cleared of all obstructions such that nothing shall disrupt
visibility from a point 1.05 metres above the access at point X to a point 0.6 metres
above the public road carriageway at point Y. The final wearing surface on the access
shall be completed prior to the development first being brought into use and the
visibility splays shall be maintained clear of all obstructions thereafter. 
Reason: In the interests of road safety. 
Note to Applicant: 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be
obtained from the Council’s Roads Engineers prior to the formation/alteration
of a junction with the public road. 
• The access shall be constructed and drained to ensure that no surface water
is discharged onto the public road.  
6. Parking and Turning As Shown 
The parking and turning area shall be laid out and surfaced in accordance with the
details shown on the approved plans prior to the development first being occupied and
shall thereafter be maintained clear of obstruction for the parking and manoeuvring of
vehicles. 
Reason: In the interest of road safety.  
7.  Private Water Supply 
No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved in writing by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist and shall include a risk
assessment having regard to the requirements of Schedule 4 of the Private Water
Supplies (Scotland) Regulations 2006 which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
supply in the vicinity of the development, or any other person utilising the same source
or supply, shall not be compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational. 
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Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
Note to Applicant: 
• Regulatory requirements for private water supplies should be discussed with
the Council’s Environmental Health Officers in the first instance.  
8. Submission of Details of Materials 
Notwithstanding the effect of Condition 1, no development shall commence until
written details of the type and colour of materials to be used in the construction of the
roof coverings and external walls have been submitted to and approved in writing by
the Planning Authority. The development shall thereafter be completed using the
approved materials or such alternatives as may be agreed in writing with the Planning
Authority. 
Reason: In order to integrate the development into its surroundings.  
9. PP - Removal of PD Rights – Dwellinghouse 
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re-
enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the
Schedule to that Order, shall operate so as to permit, within the area subject of this
permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A,
3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: 
PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE 
Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor
extension, including any alteration to the roof required for the purpose of the
enlargement. 
Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension
consisting of more than one storey, including any alteration to the roof required for the
purpose of the enlargement. 
Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to
its roof. 
Class 2B: Any improvement, addition or other alteration to the external appearance of
a dwellinghouse that is not an enlargement. 
Class 3A: The provision within the curtilage of a dwellinghouse of a building for any
purpose incidental to the enjoyment of that dwellinghouse or the alteration,
maintenance or improvement of such a building. 
Class 3B: The carrying out of any building, engineering, installation or other operation
within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of
the dwellinghouse. 
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Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for
any purpose incidental to the enjoyment of that dwellinghouse or the replacement in
whole or in part of such a surface. 
Class 3D: The erection, construction, maintenance, improvement or alteration of any
deck or other raised platform within the curtilage of a dwellinghouse for any purpose
incidental to the enjoyment of that dwellinghouse. 
Class 3E: The erection, construction, maintenance, improvement or alteration of any
gate, fence, wall or other means of enclosure any part of which would be within or
would bound the curtilage of a dwellinghouse. 
No such development shall be carried out at any time within this Part and these
Classes without the express grant of planning permission. 
Reason: To maintain the integrity and architectural value of this bespoke
dwellinghouse and to protect it and its immediate setting against inharmonious
additions and accretions and to protect the sensitive area and the setting of the
proposed dwellinghouse in the interest of visual amenity and public health, from
unsympathetic siting and design of developments normally carried out without
planning permission; these normally being permitted under Article 2(4) of the Town
and Country Planning (General Permitted Development) (Scotland) Order 1992 (as
amended).  
11. Pre-commencement Survey 
No development or other work shall be carried out on the site until a pre-
commencement survey for the presence of nesting birds has been carried out by an
appropriately qualified person and has been submitted for the written approval of the
Planning Authority. In circumstances where species of interest are identified as being
present, or at risk from construction works, the survey shall further provide suggested
avoidance and or mitigation measures, including timing constraints, to address such
presence or risk. The development shall be implemented in accordance with the
measures identified in the duly approved scheme. 
Reason: In order to establish that the circumstances of the site have not changed
significantly between approval and implementation of the development for the purpose
of protecting natural heritage assets in the interest of nature conservation.  
12.  Implement/Operate Development in Accordance with Identified Mitigation
Measures 
Notwithstanding the provisions of Condition 1, the development shall be undertaken
in accordance with the mitigation measures set out in the documents titled ‘Preliminary
Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated
September 2022.   
Reason: In order to protect natural heritage assets in the interest of nature
conservation.  
13. Contaminated Land 
Unless otherwise agreed in writing and in advance by the Planning Authority, prior to
any development commencing on site, a scheme will be submitted by the Developer
(at their expense) to identify and assess potential contamination on site.  No
construction work shall commence until the scheme has been submitted to, and
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approved, by the Planning Authority, and is thereafter implemented in accordance with
the scheme so approved.   
The scheme shall be undertaken by a competent person or persons in accordance
with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or,
in the event of these being superseded or supplemented, the most up-to-date
version(s) of any subsequent revision(s) of, and/or supplement(s) to, these
documents. This scheme should contain details of proposals to investigate and
remediate potential contamination to the satisfaction of the Planning Authority, and
must include:- 
a) A desk study and development of a conceptual site model including (where
necessary) a detailed site investigation strategy. The desk study and the scope
and method of recommended further investigations shall be agreed with the
Council prior to addressing parts b, c, and d of this condition. 
Should the desk study show the need for further assessment this will be undertaken
in the following sequence: 
b) A detailed investigation of the nature and extent of contamination on site, and
assessment of the risks such contamination presents. 
c) Development and agreement of a remedial strategy (if required) to treat/
remove contamination ensuring the site is made suitable for its proposed use
(this shall include a method statement, programme of works, and proposed
verification plan). 
d) Submission of a verification report for any agreed remedial actions detailing
and evidencing the completion of these works. 
Written confirmation from the Planning Authority, that the scheme has been
implemented and completed shall be required by the Developer before any
development hereby approved commences. Where remedial measures are required
as part of the development construction detail, commencement must be agreed in
writing with the Planning Authority. 
Reason: To ensure that the potential risks to human health, the water environment,
property, and, ecological systems arising from any identified land contamination have
been adequately addressed. 
14.  Tree Retention and Protection 
No development shall commence until a scheme for the retention and safeguarding of
trees during construction has been submitted to and approved by the Planning
Authority. The scheme shall comprise: 
i) Details of all trees to be removed and the location and canopy spread of
trees to be retained as part of the development; 
ii) A programme of measures for the protection of trees during construction
works which shall include fencing at least one metre beyond the canopy
spread of each tree in accordance with BS 5837:2005 “Trees in Relation to
Construction”. 
Tree protection measures shall be implemented for the full duration of construction
works in accordance with the duly approved scheme. No trees shall be lopped, topped
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or felled other than in accordance with the details of the approved scheme unless
otherwise approved in writing by the Planning Authority. 
Reason: In order to retain trees as part of the development in the interests of amenity
and nature conservation.  
15.  Phasing of Development 
No development shall commence until such time as the associated replacement
agricultural building (either as granted under prior notification ref. 24/00259/PNAGRI;
or subsequently renewed/amended, or an alternative scheme for the provision of a
replacement building that has been acknowledged as such in writing by the planning
authority) has been erected and made available for agricultural use in the management
of Lagganulva Farm. 
Reason: In order to ensure that the development of the existing barn the subject of
this current planning permission is delivered in accordance with the stated
management and development of the remainder of the agricultural holding. 
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LDP2 format template Feb 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
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: 23/00185/PP
Planning Hierarchy: Local Development 
Applicant: Torloisk Estate
Proposal: Conversion and extension of stone barn to form dwellinghouse,
installation of septic tank and formation of vehicular access
Site Address:  Land West of Lagganulva Farm    
DECISION ROUTE 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Conversion and extension of barn to form dwellinghouse
• Installation of private drainage system 
• Formation of vehicular access
• Connection to private water supply 
(ii) Other specified operations
• None 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission be granted subject to the conditions and
reasons appended to this report. 
(C) CONSULTATIONS:   
Argyll and Bute Council – Roads Authority
Report dated 14.03.2023 advising of no objections to the application subject to
conditions relating to the formation of the access at the junction with the public road,
the clearance and maintenance of visibility splays, the provision of a system of
surface water drainage, and the provision of a parking and turning area. The report
further advises that the required sightlines are achievable within the public road
corridor. 
Scottish Water
Letter dated 14.03.2023 advising of no objections to the application.
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LDP2 format template Feb 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
NatureScot
Letter dated 04.04.2023 advising that the proposed development lies within the
Lagganulva Woodland Site of Special Scientific Interest and within the Loch na Keal
National Scenic Area. The letter advises that the proposed development is unlikely
to have a significant effect on the qualifying interests of these sites either directly or
indirectly. The letter further advises that European Protected Species, such as bats
and otters, may be present on the site. 
Argyll and Bute Council – Environmental Health Service
Report dated 27.03.2023 advising that the application appears to be proposing the
redevelopment of land where there is an indication of previous use which may be
contaminative. The response recommends the inclusion of a planning condition
relating to a site investigation and risk assessment. 
Local Biodiversity Officer
Email dated 19.04.2023 advising of agreement with the submitted Preliminary
Ecological Appraisal and requesting further surveys to identify the presence of otters,
bats and nesting birds, and requesting the provision of a Tree Protection and
Management Plan. Upon the submission of an Otter and Bat Survey Report, the
Local Biodiversity Officer was re-consulted and, in an email dated 26.06.2023,
advised that works should be carried out in accordance with the submitted Report. 
The above represents a summary of the issues raised.  Full details of the consultation
responses are available to view via the Public Access section of the Council’s
website. 
(D) HISTORY:   
24/00259/PNAGRI
Erection of agricultural shed
Prior Approval Not Required and permission therefore granted – Decision Issued
10.04.2024 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 18.04.2023. 
(F) REPRESENTATIONS:   
(i) Representations received from: 
22 objections have been received to the application. 
OBJECTIONS 
Mr Daniel Brooks, Sapling Cottage, Ulva Ferry, Isle of Mull, PA73 6LY (14.04.2023)
Mr Rhuri Munro, Ferry House, Ulva, Isle of Mull, PA73 6LZ (17.04.2023)
Christine Leach (15.04.2023 and 17.04.2023) 
Celia Royce, Kellan Old Farm, Aros, Isle of Mull, PA72 6JY – by email only
(17.04.2023) 
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LDP2 format template Feb 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Kirsty Leitch – by email only (17.04.2023) 
Miss Hilary Sutton, The Bothy, Tigh-Na-Caora, B8073 North of Ulva Ferry, from
Grouse Cottage to C44 Ulva Ferry Road, Ulva Ferry, Isle of Mull, PA73 6LT
(18.04.2023)
Ms Irene Anderson, Burnedge, Bridge of Eam, Perth, PH2 9BP (18.04.2023)
Ms Elizabeth Wood, 9 Lochmill Holding, Milton of Campsie, Glasgow, G66 8AG
(18.04.2023)
Mr Michael Hogan, 29 Coltpark Woods, Hamsterley Colliery, Newcastle Upon Tyne,
NE17 7SP (18.04.2023) 
Mr Kieran Murray, Craighead Cottage, Braco, Dunblane, FK15 9LP (18.04.2023)
E Wood – by email only (17.04.2023) 
Nick Mawhinney (14.04.2023) 
Sarah Mawhinney – by email only (17.04.2023) 
Dr Robert Stewart, Killiemore Garden Caravan, Killiechronan, Isle of Mull, PA72 6JZ
(18.04.2023) 
Ms Helen Stace, Scoor Cottage, Ulva Ferry, Isle of Mull, PA73 6LX (four
representations dated 18.04.2023)
Tim Dixon, Scoor Cottage, Croft 3, Fanmore (18.04.2023)
North West Mull Community Woodland Company Ltd, Penmore Mill, Dervaig, Isle of
Mull, PA75 6QS (17.04.2023)
Lauren Worrell, NFU Scotland, Rural Centre – West Mains, Ingliston, Newbridge,
Midlothian, EH28 8LT (18.03.2024) 
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: 
OBJECTION 
Conversion of existing barn 
• The existing barn is of historic and visual interest. 
• The tenant farmers still use the barn and have done so for a long time. The
existing building remains in use for agricultural purposes. The building is not
redundant and is part of a local enterprise. A replacement building would be
required and is unlikely to be of a similarly traditional appearance. 
• If the existing barn building were to be removed from its current use, a
replacement building would be required. The replacement building would not
be in keeping with the setting. 
• Steading buildings that are maintained and in use on Mull are rare. 
Officer Comment: The barn the subject of this planning application is not listed or
protected in any way. Neither is it located within a conservation area. It could,
therefore, be demolished at any time without reference to the planning authority. The
agent has advised that the existing barn, on the opposite side of the public road to
the established farm steading, is unsuitable in terms of its siting, scale and form, and
is not suitable for current agricultural use or machinery storage and does not provide
an efficient space for such uses. The barn as existing is unable to accommodate
agricultural machinery, meaning that machinery is kept outside. The ceasing of the
agricultural use of the existing barn does not form a material planning consideration,
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LDP2 format template Feb 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
however, the applicant submitted a prior notification application to erect a building
as 'agricultural permitted development' on land to the north of Lagganulva Farm (our
reference 24/00259/PNAGRI). The application was determined as permitted
development in terms of Class 18 of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 as amended. The report
accompanying application 24/00259/PNAGRI considered that the erection of an
agricultural building within the holding would have no materially negative visual
impact on the environment or the wider landscape including the National Scenic
Area. The replacement agricultural building is to be sensitively sited within the
existing farm complex where it would be largely screened from the public realm by
existing built development. The replacement agricultural building would instead
relate both visually and functionally to existing buildings associated with the
agricultural business and the scale of the replacement agricultural building would be
commensurate with the functional need for the building and its setting in the
landscape. 
Provision has therefore been made for an alternative building for use by the tenant
farmer on land within the farm steading and closer to the existing buildings than the
barn the subject of this application. The provision of the alternative agricultural
building can be secured through the use of a suitable planning condition which would
require it to be available for use by the tenant farmer before any works on the
conversion of the existing barn commence. 
The existing barn would be retained as part of the development proposal. It is
proposed to repair and repoint the existing stone walls of the barn and make use of
the existing tiled roof. The alterations to the existing barn would be limited to repairs
to the walls and roof, the installation of windows and doors, and downtakings to
facilitate the adjoining of the proposed extension. In this way, the proposed
development would largely preserve the existing building, thereby retaining its
character and appearance. 
Biodiversity 
• The existing barn and the wider application site hosts bats, birds and otters. 
• Otters, bats and barn owls are present on and around the application site. 
• The submitted information does not  demonstrate how the development
would benefit biodiversity. 
Officer Comment: The application has been submitted with a Preliminary
Ecological Appraisal and an Otter and Bat Survey Report. The Council’s Biodiversity
Officer was consulted on the application and confirmed agreement with the
submitted information, stating that a pre-commencement survey is required to
identify bird nests within the application site. The Council’s Biodiversity Officer
confirmed agreement with the proposed mitigation measures in relation to the impact
of the proposed development upon otters, bats and nesting birds. Suitable conditions
are required to ensure that the proposed development is carried out in accordance
with the mitigation measures outlined within the submitted Preliminary Ecological
Appraisal and the Otter and Bat Survey Report, and to secure the provision of a pre-
commencement nesting bird survey to ensure that no bird species are compromised. 
NPF4 Policy 3(c) requires development proposals to include appropriate measures
to conserve, restore and enhance biodiversity. The information submitted with the
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application has demonstrated that the development proposal would conserve
biodiversity. With regard to biodiversity enhancement, adequate and proportionate
measures for biodiversity enhancement and protection can be delivered by planning
condition, to be secured prior to the commencement of development. The condition
will secure the provision of biodiversity enhancement measures prior to the
occupation of the development. 
Landscape and visual impact 
• The installation of windows into the existing barn would have a detrimental
impact upon the character and appearance of the National Scenic Area,
increasing the prominence of the building. The existing development at
Lagganulva is a focal point and the existing house and steadings are
important local landmarks. The proposed extension would be harmful to the
location which is highly valuable in terms of scenic beauty. 
• The development would be sited within the Loch na Keal National Scenic
Area. The Landscape Capacity Study specifically identifies the existing
Lagganulva setting for special consideration. 
• The nearest electricity supply is on the opposite side of the road. No
information has been provided as to whether the connecting cable would run
underground or result in additional unsightly poles and lines. 
• No information has been provided regarding landscaping and boundary
treatments. 
Officer Comment: The proposed windows are considered to be suitable to the scale
of the existing barn and would have a negligible impact upon the appearance of the
existing building. The application proposes to retain the scale and form of the
existing barn, to include the repair of the existing stone walls and slate roof, and in
this regard the development would retain the character and appearance of the
existing barn without any material harm to the character and appearance of the
National Scenic Area. 
The proposed extension would be modest in scale, occupying a total external
footprint of 56 square metres. The proposed extension would have a simple and
traditional narrow, linear form and a single storey dual-pitched roof, ensuring that it
would not appear as unduly prominent. The proposed timber finishing materials
would assist in providing the proposed extension with a simple appearance, ensuring
that it would integrate with the appearance of the rural surroundings. The extension
would be sited sensitively on land between the existing barn and the public road,
ensuring that it would not encroach into more open and undeveloped areas of the
site. 
The application proposes to retain the existing development at the site through the
repair and conversion of the existing stone barn. In this regard, the site would remain
a focal point within the landscape. Given the small scale and appropriate form,
design and appearance of the proposed extension, the visual composition of the site
would not be adversely impacted and the proposal would not therefore disrupt the
visual focus. 
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A scheme for boundary treatment, surface treatment and landscaping is to be
secured via planning condition, to include the submission of details any proposed
walls, fences and gates; surface treatment; and hard and soft landscaping works. 
Proposed use 
• The area does not need short term holiday letting properties; the area instead
requires long term affordable accommodation. 
• Granting planning permission for a development of this nature would set a
precedent for the use of agricultural buildings as short-term holiday letting
accommodation where agricultural buildings are already in scarce supply.   
Officer Comment: The proposal the subject of this planning application is seeking
to secure planning permission for the conversion of and extension to the existing
stone barn to form a dwellinghouse. This is by no means an unusual type of
development. The Planning Authority is satisfied that the existing barn, and the
application site, is able to successfully accommodate a suitably sited, scaled and
designed extension which would facilitate the conversion of the existing stone barn
to form a dwellinghouse which would relate to the established appearance of the
surrounding area. The application relates to the provision of a dwellinghouse and
does not relate to short term let accommodation. Whilst it is acknowledged that the
future occupancy or tenure of the dwellinghouse is unknown, the Council currently
has no planning policies that could control this and, in that regard, this is not
considered a planning issue of any overriding material significance. 
Water supply and drainage 
• The application indicates a connection to the public water supply, however
no such supply is available and no details have been submitted regarding
the private water supply. 
• All existing water supplies are barely adequate and demand from another
development could not be sustained. 
• The proposed arrangement for sewage disposal is not satisfactory; the
discharge would be to Laggan Bay which is within a designated Shellfish
Waters Protected Area and that must be safeguarded.   
• The application has not been submitted with a technical report for foul water
drainage. This is relevant as the building is adjacent to a watercourse and
the proposed soakaway would be adjacent to a well and on an area of ground
which is waterlogged all year round. 
Officer Comment: The agent has confirmed that the proposed development would
be served by a private water supply. A suitable pre-commencement condition is
required to secure an appraisal of the wholesomeness and sufficiency of the
intended private water supply and the system required to serve the development to
ensure that an adequate private water supply in terms of both wholesomeness and
sufficiency can be provided to meet the requirements of the proposed development
and without compromising the interests of other users of the same or nearby private
water supplies. 
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The application proposes the installation of a private drainage system and a
soakaway. The Council’s Building Standards Service will apply sufficient control over
the treatment plant arrangements at Building Warrant stage. The proposed drainage
system would be regulated under the building standards to ensure that it is capable
of being provided to a safe, effective and appropriate technical standard. Any
discharge to the water environment would be regulated by SEPA under the Water
Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). It is
the responsibility of the installer and owner to ensure that the drainage system is
installed and maintained correctly. Pollution enforcement is the responsibility of
SEPA and as the proposed development is not located within a Waste Water
Drainage Consultation Area there is no reason to assume that a safe and effective
private wastewater system cannot be utilised. 
Additionally, the area of the marine environment within the vicinity of the proposed
development site is not within either a Marine Protected Area or a Marine
Consultation Area. 
Trees 
• No works should occur within the root protection area or tree protection zone.
The site features veteran trees and the application describes felling, limbing,
crown reduction and pollarding, which would significantly impact upon the
appearance of the area. 
• The submitted tree report fails to recognise the age and significance of the
trees and fails to take into account elder trees on the roadside boundary. 
• The clearance of visibility splays for the access may result in the loss of
roadside trees and walls. 
• The trees provide a food source for insects. 
Officer Comment: The proposed extension to the existing barn would be sited
towards the southeast corner of the application site, away from the mature trees
which are sited adjacent to the northwest of the existing barn. The submitted
information advises that any excavation works in the area adjacent to the tree
protection zone would be excavated by hand. The application does not propose any
works to the trees on site. However, given the presence of established mature trees
at the site, a suitable condition is required to secure the provision of a scheme for
the retention and safeguarding of trees during construction work, to include detail of
any proposed tree works and a programme of measures for the protection of trees
during construction works. 
The proposed development would not harm the Lagganulva Wood Site of Special
Scientific Interest. 
Suitability of the site 
• The application has been submitted with insufficient information with regard
to biodiversity, landscape impact, sustainability, water supply, the proposed
use of the site, and the impact upon the Site of Special Scientific Interest
designation. 
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• The steading proposed for conversion is part of a working farmyard with
characteristic noises created by animals and machinery. This may create
conflict between neighbours. 
• The Torloisk Estate already has properties which have been moved into the
self-catering market. 
• A house in this location is invasive of privacy. The location and design of the
proposed development would negatively impact upon the residents of
Lagganulva Farm and the surrounding landscape. 
• The barn is not a suitable site for the development proposed. 
• Protection is required for agricultural land which is good quality and locally
important. The field associated with the steading is valuable in this location. 
Officer Comment: The information submitted with the application, in the form of the
Preliminary Ecological Appraisal, photomontages, Tree Report, Otter and Bat
Report, Design Statement, and ‘Six Qualities of Successful Places’ Statement have
satisfactorily demonstrated that, in this instance, the proposed development site
would represent an appropriate opportunity for development with a sensitively sited
extension which would be of an acceptable scale, design and finish that would
integrate with the application site and its wider setting within the landscape. 
The application site is located southwest of the existing farm. Whilst the application
site and the proposed development would be located in proximity to the agricultural
business, the proposed development would be sited at a sufficient distance to
ensure that there would be no impact upon neighbour amenity with regard to
overlooking, visual intrusion or shading. In terms of ‘bad neighbour’ development,
the application site would be physically separate from the established farm, which is
sited on the opposite side of the public road. The proposed development would be
well contained within the application site and would not share access with the farm,
nor would the application site be functionally associated with the agricultural
business. The proposed development would be sufficiently distinct from the farm
and its associated activity such that it is not considered that there would be any
adverse impacts upon the sensitive receptor of the dwellinghouse with regard to
noise disturbance, odour pollution or light pollution. 
The development proposed by the current application seeks to develop a rough area
of ground adjacent to the existing barn. In terms of the land capability for agriculture,
the application site falls within Class 5.2 where the land is capable of use as
improved grassland, where pasture establishment may be difficult to maintain. The
proposed development would be of a small scale and would not impact upon prime
agricultural land, or land of lesser quality that is culturally or locally important for
primary use, with due consideration to the extent of the wider agricultural
landholding. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No  
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(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No  
(iii) A Design or Design/Access statement:    ☒Yes ☐No 
A Design Statement has
been submitted with the
application.  
(iv) A Sustainability Checklist 
(with reference to the requirements of LDP2
Policy 04) 
☐Yes ☒No 
The application was
submitted prior to the
adoption of the LDP2
and has been submitted
with a Preliminary
Ecological Appraisal,
photomontages, a Tree
Report, an Otter and Bat
Report, a detailed
Design Statement, and
a ‘Six Qualities of
Successful Places’
Statement, which
together with the site
visits undertaken, has
demonstrated that there
would be no significant
adverse effect on
landscape and visual
amenity resulting from
the development of the
site with the conversion
of, and extension to, the
existing barn and
therefore, in this
instance, it is not
considered that any
further landscape/visual
information is required
to allow a decision on
the proposal to be
made. 
(v) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐Yes ☒No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No
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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No    
(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 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 11 – Design – Conversions and Change of Use
Policy 14 – Bad Neighbour Development 
Connected Places
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Policy 34 – Electric Vehicle Charging
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road 
Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 58 – Private Water Supplies and Water Conservation
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
Homes for People 
Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing 
High Quality Environment 
Policy 70 – Development Impact on National Scenic Areas (NSA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 75 – Development Impact of Sites on Sites of Special Scientific Interest
(SSSIs)
Policy 77 – Forestry, Woodland and Trees
Policy 79 – Protection of Soil and Peat Resources
Policy 82 – Contaminated Land
Policy 83 – Safeguarding Agricultural and Croft Land 
(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
• Planning History
• ABC Technical Note – Biodiversity (Feb 2017)
• ABC draft Technical Note – Argyll and Bute Windows (April 2018) 
• ABC Landscape Studies
• ABC Housing Needs and Demand Assessment
• ABC Housing Emergency Statement 
(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 
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(M) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
Whilst there has been considerable objection raised, it is noted that only approximately half
of those objections are from the local area. In addition, the representations relate largely to
the conversion of the existing barn to form a dwellinghouse and the resultant loss of its
existing use for agricultural purposes. The loss of the agricultural use of the existing barn is
not, in itself, a material planning consideration as it is a privately owned building that is not
afforded any protection status. Whilst officers have every sympathy with the tenant farmer,
the applicant has, at the insistence of the planning authority, addressed this concern through
the provision of a replacement agricultural building, as detailed within application reference
24/00259/PNAGRI. With regard to objections raised in terms of biodiversity, landscape,
servicing, infrastructure and access, the Officer’s recommendation is aligned with the
consultation responses received on the application and as such it is not considered that a
pre-determination hearing would add value to the decision making process. 
(O)(i) Key Constraints/Designations Affected by the Development:
• Loch na Keal National Scenic Area
• Lagganulva Wood Site of Special Scientific Interest 
(O)(ii) Soils
Agricultural Land Classification:  Built Up Area
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
☒Class 5
☐N/A
Peat Depth Classification: 1 metre 
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 
The application site falls within Class 5.2
where the land is capable of use as
improved grassland, where pasture
establishment may be difficult to maintain.
The proposed development would be of a
small scale such that it is considered that
the proposed development would not
impact upon prime agricultural land, or land
of lesser quality that is culturally or locally
important for primary use, with due
consideration to the extent of the wider
agricultural landholding. 
(O)(iii) Woodland  
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Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
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: 
N/A 
(P) Summary assessment and summary of determining issues and material
considerations 
The proposal the subject of this planning application is seeking to secure planning
permission for the conversion of, and extension to, an existing barn to form a
dwellinghouse, and the installation of a septic tank and the formation of a vehicular
access. 
In terms of the adopted LDP2 the site is defined as ‘Outwith Settlement Areas’ within
an area identified as ‘Countryside Area' where Policy 02 of LDP2 gives a presumption
in favour of sustainable development where it is of an appropriate scale, design,
siting and use for its countryside location, as set out in the relevant sustainable siting
and design policies of LDP2. 
Policy 02 further states that certain development will be supported, generally without
the need for detailed environmental assessments, with these comprising, infill,
redevelopment opportunities of clusters; or previously developed sites. In
Countryside Areas, where there are nature conservation or landscape designations
in place, Policy 02 details that development proposals will have to demonstrate that
they are compatible with the designation interests. 
The application site comprises an irregular plot of land located on the northern edge
of Laggan Bay, immediately to the west of the B8073 public road. To the northeast
of the application site, to the east of the public road, there is a farmhouse and
associated outbuildings. The application site features an existing ‘L’ shaped stone
barn with a hipped slate roof, set within the southeast corner of the plot. There are a
number of mature trees within the site boundary. 
This application is seeking to secure planning permission for the conversion of, and
extension to, the existing stone barn at the site to form a dwellinghouse, and the
installation of a septic tank and the formation of a vehicular access. The existing
stone walls of the barn would be repaired and repointed as necessary, and the slate
roof would be retained. The proposed extension to the barn would be sited upon the
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eastern elevation and would take a linear form, orientated parallel to the public road,
with a dual-pitched roof and gable ends. 
The application proposes the upgrade of an existing vehicular access to serve the
proposed development, with the formation of a turning area and parking provision for
two vehicles. The water supply would be via connection to a private supply and the
foul drainage would be by way of a private system comprising a septic tank and
soakaway due to the lack of public infrastructure within the vicinity of the application
site. 
The proposal has elicited 22 objections.   
The main considerations relate to whether or not the conversion of, and extension
to, the existing stone barn at the application site to form a dwellinghouse is
appropriate in terms of scale, design, siting and use for its countryside location;
whether the servicing, infrastructure and access arrangements are suitable; whether
the proposal is acceptable in terms of biodiversity and landscape impacts; and
whether it is consistent with the provisions of adopted National and Local Planning
Policy.   
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal is considered to be consistent with the relevant provisions of the
Development Plan and National Planning Framework 4 and there are no other
material considerations of sufficient significance, including issues raised by third
parties, to indicate that it would be appropriate to withhold planning permission
having regard to Section 25 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 Shaw Date: 08.05.2024 
Reviewing Officer: Tim Williams Date: 08.05.2024 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00185/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 01.02.2023, supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Existing Drawings
1 (downtakings in
red)
PL_003  02.02.2023
Existing Drawings
2 (downtakings in
red)
PL_004  02.02.2023
Proposed
Elevations
PL_008  02.02.2023
Proposed Plan PL_006  02.02.2023
Proposed Section
A-A South
Elevation and
Section B-B
PL_007  02.02.2023
Proposed Renders PL_009  02.02.2023
Proposed Interior
Renders 
PL_010  02.02.2023
Existing Site Plan PL_002  27.02.2023
Proposed Site Plan PL_005  27.02.2023
Proposed Plan PL_006  27.02.2023
Location Plan PL_001  27.02.2023 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. Timescale to be Agreed for Completion 
No development shall commence until details of the proposed timescale for completion
of the approved development have been submitted to and approved by the Planning
Authority. Thereafter, the development shall be implemented in accordance with the
duly approved timescale for completion unless an alternative timescale for completion
is otherwise agreed in writing with the Planning Authority. 
Reason: In order to comply with the requirements of NPF4 Policy 16F.  
3. Sustainable Drainage System 
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Notwithstanding the effect of Condition 1, the development shall incorporate a surface
water drainage system which is consistent with the principles of Sustainable urban
Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water
drainage shall be operational prior to the development being brought into use and shall
be maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
Note to Applicant: 
• Further advice on SuDS can be found in SEPA’s Standing Advice for Small
Scale Development – www.sepa.org.uk .  
4. Landscaping and Biodiversity Enhancement 
No development shall commence until a scheme of biodiversity protection and
enhancement, boundary treatment, surface treatment and landscaping has been
submitted to and approved by the Planning Authority. The scheme shall include details
of: 
i) Location, design and materials of proposed walls, fences and gates; 
ii) Surface treatment of proposed means of access and hardstanding
areas; 
iii) Any proposed re-contouring of the site by means of existing and
proposed ground levels; 
iv) Proposed hard and soft landscape works; and 
v) A biodiversity statement demonstrating how the proposal will contribute
to conservation/restoration/enhancement of biodiversity, and how
these benefits will be maintained for the lifetime of the development. 
The development shall not be occupied until such time as the physical biodiversity
enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and
insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and
any re-contouring works have been completed in accordance with the duly approved
scheme. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
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Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity.  
5. Junction with Public Road 
Notwithstanding the provisions of Condition 1, the proposed access shall be formed in
accordance with the Council’s Roads Standard Detail Drawing SD08/004a and shall
include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre
line of the proposed access. The access shall be surfaced with a bound material in
accordance with the stated Standard Detail Drawing. Prior to work starting on site the
access hereby approved shall be formed to at least base course standard and the
visibility splays shall be cleared of all obstructions such that nothing shall disrupt
visibility from a point 1.05 metres above the access at point X to a point 0.6 metres
above the public road carriageway at point Y. The final wearing surface on the access
shall be completed prior to the development first being brought into use and the
visibility splays shall be maintained clear of all obstructions thereafter. 
Reason: In the interests of road safety. 
Note to Applicant: 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be
obtained from the Council’s Roads Engineers prior to the formation/alteration
of a junction with the public road. 
• The access shall be constructed and drained to ensure that no surface water
is discharged onto the public road.  
6. Parking and Turning As Shown 
The parking and turning area shall be laid out and surfaced in accordance with the
details shown on the approved plans prior to the development first being occupied and
shall thereafter be maintained clear of obstruction for the parking and manoeuvring of
vehicles. 
Reason: In the interest of road safety.  
7.  Private Water Supply 
No development shall commence until an appraisal of the wholesomeness and
sufficiency of the intended private water supply and the system required to serve the
development has been submitted to and approved in writing by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist and shall include a risk
assessment having regard to the requirements of Schedule 4 of the Private Water
Supplies (Scotland) Regulations 2006 which shall inform the design of the system by
which a wholesome and sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
supply in the vicinity of the development, or any other person utilising the same source
or supply, shall not be compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water
supply system has been installed in accordance with the agreed specification and is
operational. 
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Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
Note to Applicant: 
• Regulatory requirements for private water supplies should be discussed with
the Council’s Environmental Health Officers in the first instance.  
8. Submission of Details of Materials 
Notwithstanding the effect of Condition 1, no development shall commence until
written details of the type and colour of materials to be used in the construction of the
roof coverings and external walls have been submitted to and approved in writing by
the Planning Authority. The development shall thereafter be completed using the
approved materials or such alternatives as may be agreed in writing with the Planning
Authority. 
Reason: In order to integrate the development into its surroundings.  
9. PP - Removal of PD Rights – Dwellinghouse 
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re-
enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the
Schedule to that Order, shall operate so as to permit, within the area subject of this
permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A,
3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: 
PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE 
Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor
extension, including any alteration to the roof required for the purpose of the
enlargement. 
Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension
consisting of more than one storey, including any alteration to the roof required for the
purpose of the enlargement. 
Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to
its roof. 
Class 2B: Any improvement, addition or other alteration to the external appearance of
a dwellinghouse that is not an enlargement. 
Class 3A: The provision within the curtilage of a dwellinghouse of a building for any
purpose incidental to the enjoyment of that dwellinghouse or the alteration,
maintenance or improvement of such a building. 
Class 3B: The carrying out of any building, engineering, installation or other operation
within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of
the dwellinghouse. 
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Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for
any purpose incidental to the enjoyment of that dwellinghouse or the replacement in
whole or in part of such a surface. 
Class 3D: The erection, construction, maintenance, improvement or alteration of any
deck or other raised platform within the curtilage of a dwellinghouse for any purpose
incidental to the enjoyment of that dwellinghouse. 
Class 3E: The erection, construction, maintenance, improvement or alteration of any
gate, fence, wall or other means of enclosure any part of which would be within or
would bound the curtilage of a dwellinghouse. 
No such development shall be carried out at any time within this Part and these
Classes without the express grant of planning permission. 
Reason: To maintain the integrity and architectural value of this bespoke
dwellinghouse and to protect it and its immediate setting against inharmonious
additions and accretions and to protect the sensitive area and the setting of the
proposed dwellinghouse in the interest of visual amenity and public health, from
unsympathetic siting and design of developments normally carried out without
planning permission; these normally being permitted under Article 2(4) of the Town
and Country Planning (General Permitted Development) (Scotland) Order 1992 (as
amended).
10. Electric Vehicle Charging 
Notwithstanding Condition 1, Prior to the commencement of development, details of
the provision of supply cabling suitable for electric vehicle charge points shall first be
submitted and approved in writing by the Local Planning Authority. Thereafter the
electric vehicle charge points must be available for use in the development hereby
approved. 
Reason: In order to ensure compliance with LDP2 Policy 34.   
11. Pre-commencement Survey 
No development or other work shall be carried out on the site until a pre-
commencement survey for the presence of nesting birds has been carried out by an
appropriately qualified person and has been submitted for the written approval of the
Planning Authority. In circumstances where species of interest are identified as being
present, or at risk from construction works, the survey shall further provide suggested
avoidance and or mitigation measures, including timing constraints, to address such
presence or risk. The development shall be implemented in accordance with the
measures identified in the duly approved scheme. 
Reason: In order to establish that the circumstances of the site have not changed
significantly between approval and implementation of the development for the purpose
of protecting natural heritage assets in the interest of nature conservation.  
12.  Implement/Operate Development in Accordance with Identified Mitigation
Measures 
Notwithstanding the provisions of Condition 1, the development shall be undertaken
in accordance with the mitigation measures set out in the documents titled ‘Preliminary
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Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated
September 2022.   
Reason: In order to protect natural heritage assets in the interest of nature
conservation.  
13. Contaminated Land 
Unless otherwise agreed in writing and in advance by the Planning Authority, prior to
any development commencing on site, a scheme will be submitted by the Developer
(at their expense) to identify and assess potential contamination on site.  No
construction work shall commence until the scheme has been submitted to, and
approved, by the Planning Authority, and is thereafter implemented in accordance with
the scheme so approved.   
The scheme shall be undertaken by a competent person or persons in accordance
with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or,
in the event of these being superseded or supplemented, the most up-to-date
version(s) of any subsequent revision(s) of, and/or supplement(s) to, these
documents. This scheme should contain details of proposals to investigate and
remediate potential contamination to the satisfaction of the Planning Authority, and
must include:- 
a) A desk study and development of a conceptual site model including (where
necessary) a detailed site investigation strategy. The desk study and the scope
and method of recommended further investigations shall be agreed with the
Council prior to addressing parts b, c, and d of this condition. 
Should the desk study show the need for further assessment this will be undertaken
in the following sequence: 
b) A detailed investigation of the nature and extent of contamination on site, and
assessment of the risks such contamination presents. 
c) Development and agreement of a remedial strategy (if required) to treat/
remove contamination ensuring the site is made suitable for its proposed use
(this shall include a method statement, programme of works, and proposed
verification plan). 
d) Submission of a verification report for any agreed remedial actions detailing
and evidencing the completion of these works. 
Written confirmation from the Planning Authority, that the scheme has been
implemented and completed shall be required by the Developer before any
development hereby approved commences. Where remedial measures are required
as part of the development construction detail, commencement must be agreed in
writing with the Planning Authority. 
Reason: To ensure that the potential risks to human health, the water environment,
property, and, ecological systems arising from any identified land contamination have
been adequately addressed. 
14.  Tree Retention and Protection 
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No development shall commence until a scheme for the retention and safeguarding of
trees during construction has been submitted to and approved by the Planning
Authority. The scheme shall comprise: 
i) Details of all trees to be removed and the location and canopy spread of
trees to be retained as part of the development; 
ii) A programme of measures for the protection of trees during construction
works which shall include fencing at least one metre beyond the canopy
spread of each tree in accordance with BS 5837:2005 “Trees in Relation to
Construction”. 
Tree protection measures shall be implemented for the full duration of construction
works in accordance with the duly approved scheme. No trees shall be lopped, topped
or felled other than in accordance with the details of the approved scheme unless
otherwise approved in writing by the Planning Authority. 
Reason: In order to retain trees as part of the development in the interests of amenity
and nature conservation.  
15.  Phasing of Development 
Notwithstanding the provisions of Condition 1, prior to the commencement of any
development on site, the associated replacement agricultural building, as granted
under application 24/00259/PNAGRI, shall be erected and available for use. 
Reason: In order to ensure that the development of the existing barn the subject of
this current planning permission is delivered in accordance with the stated
management and development of the remainder of the agricultural holding. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/00185/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. The proposal the subject of this application is seeking to secure planning permission for
the conversion of, and extension to, an existing stone barn to form a dwellinghouse, the
installation of a private drainage system and the formation of a vehicular access. 
2. Location of Proposed Development 
2.1. The application site comprises an irregular plot of land located on the northern edge of
Laggan Bay, immediately to the west of the B8073 public road. 
2.2. To the northeast of the application site, to the east of the public road, there is a farmhouse
and associated outbuildings. The application site features an existing ‘L’ shaped stone
barn with a hipped slate roof, set within the southeast corner of the plot. There are a
number of mature trees within the site boundary. 
3. Settlement Strategy 
3.1. In terms of the Settlement Strategy set out in the adopted LDP2, the application site is
situated ‘Outwith Settlements’ in the designated ‘Countryside Area’ where Policy 02 of
LDP2 gives a presumption in favour of sustainable development where it is of an
appropriate scale, design, siting and use for its countryside location, as set out in the
relevant sustainable siting and design policies of LDP2. Policy 02 further states that
certain development will be supported, generally without the need for detailed
environmental assessments, with these comprising, infill, redevelopment opportunities of
clusters; or previously developed sites. In Countryside Areas, where there are nature
conservation or landscape designations in place, Policy 02 details that development
proposals will have to demonstrate that they are compatible with the designation interests. 
In order to address the determining issues, the key considerations in this application are: 
3.1.1. Compliance with the Development Plan and other relevant planning policy.
3.1.2. Whether the conversion of, and extension to, the existing stone barn at the
application site to form a dwellinghouse is appropriate in terms of scale, design,
siting and use for its countryside location. 
3.1.3. The suitability of the proposed servicing, access and infrastructure
arrangements. 
3.1.4. Any other material considerations. 
4. Proposal 
4.1. The proposal is seeking to secure planning permission for the conversion of, and
extension to, the existing stone barn to form a dwellinghouse, and the installation of a
private drainage system and the formation of a vehicular access. 
4.2. The proposal relates to the refurbishment of and extension to an existing stone barn to
form a dwellinghouse. The existing barn, which has an ‘L’ shaped footprint covering an
area of approximately 89 square metres, is constructed of stone walls with a hipped slate
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roof. The proposal would involve repairing and repointing the existing stone walls. The
proposed extension would adjoin the east elevation of the existing barn and would take a
narrow linear form with a small linking corridor, occupying a total footprint of 56 square
metres. The extension would have a dual-pitched roof set at a height of 4.7 metres with
an eaves height of 2.5 metres. The linking corridor set between the exiting barn and the
proposed extension, would have a flat roof at a height of 2.4 metres, set below the eaves
height of the existing barn. The proposed extension would feature large single windows
within the south, north and west elevations, and there would be two rooflights within the
east elevation roofslope. Windows would be inserted within each elevation of the existing
barn. An appropriate condition is required to secure the exact details of the proposed
facing and roofing materials so as to ensure that the proposed development integrates
into its surroundings. 
4.3. The existing vehicular access into the site, positioned to the north of the existing barn,
would be upgraded and a parking and turning area would be formed. The application
includes the installation of a private drainage system and connection to a private water
supply. 
5. Compliance with National Policy 
5.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires
to be applied together with other policies in NPF4. 
Guidance from the Scottish Government advises that it is for the decision maker to
determine whether the significant weight to be applied tips the balance in favour for, or
against a proposal on the basis of its positive or negative contribution to climate and
nature crises. 
5.2. NPF4 Policy 2 – Climate, Mitigation and Adaption 
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise
lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited
and designed to adapt to current and future risks from climate change. 
Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The emphasis is on
minimising emissions as far as possible, rather than eliminating emissions. The Spatial
Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by
steering the majority of development to our existing settlements as these are where the
most of our current infrastructure, services, employment opportunities, housing and
community facilities are to be found, however LDP2 recognises that there are instances
where a different approach to significant development has to be taken particularly where
existing infrastructure or services are at capacity and where a more sustainable option
would be to provide new facilities elsewhere. 
5.3. NPF4 Policy 3 – Biodiversity 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive
effects from development and strengthen nature networks. 
The application has been submitted with a Preliminary Ecological Appraisal, which sought
to establish the potential for the application site to support protected species known to
inhabit the area, namely otters, nesting birds, bats, reptiles, and butterflies/day flying
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moths and bats. The Preliminary Ecological Appraisal also sought to map the habitats
within the site boundary to identify the presence of any priority habitats or flora. The
existing barn was classed as having ‘Moderate’ bat roost potential and four trees within
the application site boundary were found to have the potential to support bats, classed as
‘Low’ potential. No notable or rare plant species or habitats were identified on the site. No
evidence was discovered to suggest the presence of otters within the application site. 
The Council’s Biodiversity Officer has been consulted on the application and confirmed
agreement that additional surveys were required with regard to the impact of the proposed
development upon otters and bats. The consultation response from the Council’s
Biodiversity Officer confirmed agreement that a pre-commencement survey is required to
identify bird nests within the application site and a Tree Protection and Management Plan
is provided so as to protect the existing trees within the application site during the
clearance and construction phases of the proposed development. 
An Otter and Bat Survey Report was subsequently submitted following the findings and
recommendations of the Preliminary Ecological Appraisal. The Report stated that an otter
survey undertaken concluded that is unlikely that there is an otter holt close enough to the
development site as to be at risk of disturbance and therefore no European Protected
Species Licence need be sought in respect of otters. However, at least one otter utilises
the burn adjacent to the site and therefore mitigation measures should be adhered to. The
two trees adjacent to the existing barn were subject to activity surveys however were not
found to contain bat roosts and therefore no further survey work would be required. The
Report states that the proposed development of the existing barn would result in the
destruction of two summer roosting non-maternity Soprano pipistrelle roosts impacting on
up to three Soprano pipistrelle bats and one summer roosting Brown Long-eared roost
impacting on up to five Brown Long-eared bats. A European Protected Species Licence
for bats would be required and mitigation measures adhered to. The Report further states
that due to the nature of the habitat present and the identification of several nests within
the site boundary and within the barn itself, should the development be planned to take
place during the breeding bird season, pre-construction checks for nests would be
required. Following the submission of the Otter and Bat Survey Report, the Council’s
Biodiversity Officer was re-consulted and confirmed agreement with the proposed
mitigation measures in relation to the impact of the proposed development upon otters,
bats and nesting birds. Subject to relevant conditions to ensure that the proposed
development is carried out in accordance with the mitigation measures outlined within the
submitted Preliminary Ecological Appraisal and the Otter and Bat Survey Report and to
secure the provision of a pre-commencement nesting bird survey to ensure that no bird
species are compromised, the proposal would adhere to the requirements of NPF4 Policy
3(d). 
Whilst no specific proposals for biodiversity improvements have been submitted it is
considered that adequate and proportionate measures for biodiversity enhancement and
protection can be delivered by planning condition. Such a condition will be attached to this
permission. With a condition to secure adequate and proportionate biodiversity
enhancement and protection measures within the development, the proposal aligns with
the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy
73, Development Impact on Habitats, Species and Biodiversity. 
5.4. NPF4 Policy 4 – Natural Places 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of
nature-based solutions. 
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NPF4 Policy 4(a) states that development proposals which by virtue of type, location or
scale will have an unacceptable impact on the natural environment, will not be supported.
In this instance, the proposed development relates to the addition of a small scale
extension to an existing building to facilitate the conversion of the building to form a
dwellinghouse. The proposal would make use of an existing building and its setting, and
the proposed extension would be of a small scale such that there would be no adverse
impact upon the surrounding environment. 
The application site lies within the Loch na Keal National Scenic Area, designated for its
coastal scenery, expansive seascape and interior mountain peaks. The application site
lies within the Outer Loch na Keal Area, which comprises relatively level terrain and
alluvial deposits. The development would be set against the backdrop of rugged steeper
slopes and would make use of an existing building to ensure that the development would
not encroach upon undeveloped sites or impact upon key views. The consultation
response received from NatureScot advised that the proposed development would be
sited within the Loch na Keal National Scenic Area, however given the size and scale of
the proposed development and with regard to previous developments within the
application site, the integrity of the National Scenic Area or the qualities for which it has
been designated, would not be adversely affected. It is therefore the considered opinion
of the Planning Authority that the proposal would not result in any significant adverse
effects on the integrity of the area. 
The proposed development is sited within the Lagganulva Wood Site of Special Scientific
Interest, designated for its geological interest and upland oak woodland habitat. The
proposed development would have no ecological connectivity to the site’s qualifying
interests and would not therefore undermine the conservation of the qualifying interests.
In line with the consultee response received from NatureScot, the proposal would not
have a significant effect on the natural heritage interests of national importance due to the
proposed development being sited away from the features for which the site has been
designated. In this regard, the proposal would be compliant with NPF4 Policy 4 and LDP2
Policies 70 and 75. 
Notwithstanding the above, the proposed development is not within any designated
European site of natural environment conservation or protection, it is not located within a
National Park, a RAMSAR site, or a National Nature Reserve. Neither is it located within
a site designated as a local nature conservation site or landscape area or within an area
identified as wild land. 
5.5. NPF4 Policy 5 – Soils 
NPF4 Policy 5 seeks to protect carbon-rich soils, to restore peatlands and to minimise
disturbance to soils from development. 
The development proposed by the current application seeks to develop a rough area of
ground adjacent to the existing barn. In terms of the land capability for agriculture, the
application site falls within Class 5.2 where the land is capable of use as improved
grassland, where pasture establishment may be difficult to maintain. The proposed
development would be of a small scale such that the proposed development would not
impact upon prime agricultural land, or land of lesser quality that is culturally or locally
important for primary use, with due consideration to the extent of the wider agricultural
landholding. 
The application site is located within an area designated as Class 5 Carbon and Peatland,
where no peatland habitat has been recorded. The proposed development would not
therefore adversely impact upon peatland, carbon-rich soils or priority peatland habitat.
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The development proposed is therefore considered to be in accordance with NPF4 Policy
5 and Policies 79 and 83 of LDP2. 
5.6. NPF4 Policy 6 – Forestry, Woodland and Trees 
NPF4 Policy 6 seeks to protect and expand forests, woodland and trees. 
The application site features a number of large Sycamore trees which are long-established
and are exposed to the prevailing south westerly wind. The application has been submitted
with a Tree Report detailing a general description of the trees present at the application
site, the dimensions and details of the individual trees, and options for their management.
The information submitted with the application indicates that there is a small overlap of the
tree protection zone in the location where the existing barn is sited. The information
submitted with the application advises that any excavation inside the existing barn in this
location would be limited and carried out by hand. The submitted information further
advises that any excavation works in the area adjacent to the tree protection zone would
be excavated by hand. The proposed extension to the existing barn would be sited towards
the southeast corner of the application site, away from the mature trees which are sited
adjacent to the northwest of the existing barn. 
Given the presence of establish mature trees at the site, a suitable condition is required to
secure the provision of a scheme for the retention and safeguarding of trees during
construction work, to include detail on any proposed tree works and a programme of
measures for the protection of trees during construction works. The proposed development
would not adversely impact ancient woodland, veteran trees or native woodland and the
proposed development would not lead to the fragmentation of woodland habitats. Subject
to a suitable condition to secure appropriate tree protection measures, the proposed
development would adhere to the requirements of NPF4 Policy 6 and the provisions of
LDP2 Policy 77. 
5.7. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant
and derelict land and empty buildings, and to help reduce the need for greenfield
development. 
NPF4 Policy 9(d) provides support for development proposals for the reuse of existing
buildings, taking into account their suitability for conversion to other uses. Given the need
to conserve embodied energy, demolition will be regarded as the least preferred option.
The development the subject of this current application proposes to convert and extend
the existing stone barn at the application site to form a dwellinghouse. The development
proposal would retain the existing stone barn, with repairs to the existing stone walls
undertaken as necessary. It is considered that the conversion of the existing stone barn
would constitute an appropriate redevelopment opportunity whereby the character and
appearance of the existing barn would be retained without the need for significant
alterations. 
The proposed extension would be sited immediately adjacent to the existing barn and in
this regard is considered to be brownfield site and accordingly the use of the land for the
proposed extension is considered to represent the sustainable reuse of brownfield land
which is afforded direct support under NPF4 Policy 9(a). 
The application site lies ‘Outwith Settlement Areas’ in the designated ‘Countryside Area’.
LDP2 Policy 02, Outwith Settlement Areas, seeks to promote a more flexible approach to
development in areas identified as Countryside Area, with Part A of Policy 02 giving a
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presumption in favour of sustainable development where it is of an appropriate scale,
design, siting and use for its countryside location, as detailed in the relevant sustainable
siting and design policies. In this instance, the proposal involves the conversion of an
existing barn and the addition of an appropriately scaled and designed extension to form
a dwellinghouse. The scale of the proposed development would be appropriate to the size
of the wider application site and its setting within the landscape. The proposed design
would be of a simple form, respecting local architectural styles and the siting would be
such that it would not appear as obtrusive within the landscape, making use of the existing
built development at the site. 
In this instance, the site is considered to represent an appropriate opportunity for the
conversion, redevelopment and extension to the existing barn to form a dwellinghouse
within the Countryside Area which has been specifically designed with due regard to the
context of the site in terms of its character and appearance and in this regard would be
consistent with NPF4 Policy 9 which does not conflict with the spatial and settlement
strategy set out in LDP2 Policy 02. 
The Council’s Environmental Health Service have been consulted on the application with
regard to previous, potentially contaminative, uses of the site. NPF4 Policy 9(c) states that
where land is known or suspected to be unstable or contaminated, development proposals
will demonstrate that the land is, or can be made, safe and suitable for the proposed new
use. An appropriate planning condition is required to ensure that, prior to the
commencement of development, a phased site investigation and risk assessment is
carried out to identify and assess potential contamination on site. Subject to such a
condition, the proposed development would adhere to the requirements of NPF4 Policy
9(c) and LDP2 Policy 82. 
5.8. NPF4 Policy 12 – Zero Waste 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent
with the waste hierarchy as defined within the policy document. 
The development the subject of this planning application seeks to secure permission for
the conversion of an extension to an existing building to form a new single dwellinghouse.
Whilst this is a development likely to generate waste when operational, it would benefit
from regular waste uplifts by the Council and would be expected to comply with our
adopted and enforced recycling and reuse strategy. In this regard, the proposed
development is considered to be in compliance with NPF4 Policy 12 and does not conflict
with the requirements of LDP2 Policy 63, Waste Related Development and Waste
Management, which seek to ensure that effective provision for waste and recycling are
provided within developments. 
5.9. NPF4 Policy 13 – Sustainable Transport 
This application is seeking to secure permission for a single dwellinghouse which is not
considered to be a significant travel generating use or a proposal where it is considered
important to monitor travel patterns resulting from the development. 
The application site as existing features a vehicular access from the B8073 public road. It
is proposed within this application to upgrade the existing vehicular access into the site
and provide a parking and turning area within the application site, to be sited immediately
to the north of the existing barn. 
The Council’s Area Roads Authority have been consulted on the application and have
raised no objections subject to conditions relating to the construction of the access at the
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junction with the public road, the clearance and maintenance of visibility splays, the
provision of a system of surface water drainage, and the provision of a parking and turning
area for two vehicles. 
Subject to the required conditions, the proposed development is consistent with the broad
aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 35, 37,
39 and 40 which collectively seek to ensure that proposed developments are served by a
suitable and safe access regime and provide appropriate parking provision commensurate
with the scale of the development proposed. 
5.10. NPF4 Policy 14 – Design, Quality and Place 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development
that makes successful places by taking a design-led approach and applying the ‘Place
Principle’. 
The proposed conversion of the existing barn would be undertaken with minimal works to
the existing external appearance of the barn, with works limited to repairs to the existing
stone walls and slate roof, and the installation of windows. It is considered that the siting
of the proposed extension in the existing vacant area between the existing barn and the
public road would ensure that the proposal would not encroach into more undeveloped
areas of the site, thereby reducing its visual impact upon the landscape. New built
development at the site would be limited to the proposed extension, which would have a
modest footprint and an appropriately simple form and appearance. The narrow linear form
would respect local architectural styles and would readily integrate into the application site.
The proposed finishing materials would comprise natural timber cladding, which would
contrast appropriately with the stone walls of the existing barn, giving the proposed
extension a suitably subservient appearance that would read clearly as a later addition.
The use of natural timber cladding would assist in integrating the proposed extension into
the landscape. The proposed extension would be a contemporary addition that would have
a different character to the existing barn, however it would be of a sympathetic design and
appropriately sited such that it would respect the application site and its wider rural context. 
The siting of the access to the north of the existing building ensures that it would be
screened from view when approaching the application site from the south. The proposed
parking and turning area would be facilitated within the courtyard that would result from
the ‘U’ shaped built development at the site. A condition is proposed to remove permitted
development rights normally associated with residential properties in order to protect the
setting of the proposed dwellinghouse from inappropriate development. 
The proposed development is considered to be designed to an appropriate standard to
ensure compliance with the six qualities of successful places set out in NPF4 Policy 14 as
follows. Healthy: being situated within a quiet rural setting but within proximity to an
existing community; Pleasant: being an attractively designed and finished development
that would contribute to the character of the area; Connected: situated immediately
adjacent to the public road, connecting the development to larger settlements; Distinctive:
the design of the development would be of a distinct, high quality design which would
respond to its unique setting whilst respecting the surrounding natural landscape;
Sustainable: the dwelling would utilise appropriately proportioned and designed
fenestration which would maximise potential for natural light; Adaptable: the development
would be of a high quality design that would be capable of adaption for accessibility and
for alternative future uses. 
NPF4 Policy 14(c) states that development proposals that are detrimental to the amenity
of the area will not be supported. ‘Bad neighbour uses’ are uses that can result in a
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negative impact upon neighbouring amenity and proposals for development can also
introduce the reverse situation by proposing a sensitive receptor, including housing, in
close proximity to existing operations or land uses where the introduction of sensitive
receptors into these situations could compromise the existing operations. In this instance,
the proposed conversion of and extension to the existing barn to form a dwellinghouse is
not considered to be a ‘bad neighbour’ development given that the application site is sited
at a sufficient distance from the established farm, on the opposite side of the public road.
The proposed development would be well contained within the application site and would
be adequately separate from the farm both physically and visually. The proposed
development would be sufficiently distinct from the farm and its associated activity such
that it is not considered that there would be any adverse impacts upon the sensitive
receptor of the dwellinghouse with regard to noise disturbance, odour pollution or light
pollution that may result from the use of the nearby land for agricultural activity. 
The development the subject of this planning application is considered to be in accordance
with the broad aims of NPF4 Policy 14 and does not conflict with the sustainable siting and
design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08, Sustainable
Siting, Policy 09, Sustainable Design and Policy 10, Design: all policies which, in summary,
collectively seek to ensure that developments are compatible with surrounding land uses,
are sited sensitively within the landscape making use of existing infrastructure, are of an
appropriate scale, sustainable design and finishes for their site, and ensure that no
adverse visual or amenity impacts arise. 
5.11. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods 
NPF4 Policy 15 seeks to encourage, promote and facilitate the application of the ‘Place
Principle’ and create connected and compact neighbourhoods where people can meet the
majority of their daily needs within a reasonable distance of their home, preferably by
walking, wheeling or cycling or using sustainable transport options. 
In terms of our adopted settlement strategy, the site of the proposed dwellinghouse is in
an area identified as being Outwith Settlement Areas where LDP2 Policy 02 seeks to
promote a more flexible approach to development in areas identified as Countryside Area,
within which the site is situated, with Part A of Policy 02  giving a presumption in favour of
sustainable development where it is of an appropriate scale, design, siting and use for its
countryside location, as detailed in the relevant sustainable siting and design policies.   
In this instance, it is considered that the small scale of the proposed development, and its
rural location, would reasonably comply with Policy 15 of NPF4 given the existing
dispersed geographical scale of the environment within which the development is to be
located, and given its compliance with the existing settlement pattern and the level and
quality of interconnectivity of the proposed development with the surrounding area where
people can reasonably meet the majority of their daily needs within a reasonable distance
of their home. 
The proposed development aligns with NPF4 and there is no conflict with LDP2 Policy 02. 
5.12. NPF4 Policy 16 – Quality Homes 
NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable homes in the right locations and providing choice of
tenure to meet diverse housing needs. 
Policy 16(c) supports development proposals for new homes that improve affordability and
choice by being adaptable to changing and diverse needs, and which address identified
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gaps in provision, including ‘self-provided homes’ of which the proposed development
represents. 
With regards to Part (f) of Policy 16(i) an agreed timescale for build-out will be covered
through the use of a planning condition; 16(ii), whilst the development proposed by this
planning application is not on land actively allocated for housing in the LDP2, it would
wholly accord with the adopted settlement strategy and would accord with the principles
of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the proposal is consistent with NPF4
Policy 17, Rural Homes, being a suitable site which is in keeping with the landscape
character of the area. 
The proposed development is deemed to be consistent with NPF4 Policy 16 and there is
no conflict with LDP 2 Policy 02, Outwith Settlement due to the proposed development
being of an appropriate scale, design and use for its countryside location.   
5.13. NPF4 Policy 17 – Rural Homes 
NPF4 Policy 17 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable rural homes in the right locations. 
Policy 17(a) supports development proposals for new homes in rural areas where the
development is suitably scaled, sited and designed to be in keeping with the character of
the area. It has been demonstrated at NPF4 Policies 9 and 14 above that the proposed
dwellinghouse is of a suitable scale and design for its countryside location. 
Policy 17(b) requires proposals for new homes in rural areas to consider how the
development will contribute towards local living and take into account identified local
housing needs. It is has already been seen at NPF4 Policy 15 above that the proposed
development is consistent with our adopted settlement strategy policies and that it would
have no materially harmful access or environmental impact. The proposed development
seeks the introduction of a single dwellinghouse through the conversion of and extension
to an existing barn, which would accord with the Council’s key planning policies aims of
supporting and sustaining fragile rural communities by contributing to actions to reverse
our falling rural populations and supporting the local economy. 
Policy 17(c) offers support to new homes in remote rural areas where such proposals (i)
support and sustain existing fragile communities; (ii) support identified local housing
outcomes; and (iii) are suitable in terms of location, access and environmental impact. 
The development proposed accords with the broad aims of NPF4 Policy 17 and does not
conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design all
Development, and Policy 67, Provision of Housing to Meet Local Needs. 
5.14. NPF4 Policy 18 – Infrastructure First 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach
to land use, which puts infrastructure considerations at the heart of placemaking. 
Due to the lack of public water or drainage infrastructure within the vicinity of the site, as
was confirmed within the consultation response from Scottish Water, the application
proposes private arrangements comprising a private water supply and a private drainage
system. A condition is required to secure a report on the proposed private water supply to
ensure that it is sufficient to serve the proposed development and does not impact on
existing users of the same supply or adjacent supplies. The Council’s Building Standards
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Service will apply sufficient control over the septic tank arrangements at Building Warrant
stage. 
With a condition to secure a report on the proposed private water supply, the proposed
development aligns with NPF4 Policy 18 and is in accordance with LDP2 Policy 04,
Sustainable Development, Policy 58, Private Water Supplies and Water Conservation and
Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which
seek to ensure that suitable infrastructure is available to serve proposed developments
and give support to private water supply and drainage arrangements where connection to
the public systems is not available. 
5.15. NPF4 Policy 22 – Flood Risk and Water Management 
NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water
resources are used efficiently and sustainably. 
As detailed at NPF4 Policy 18 above, the development the subject of this planning
application proposes a private water supply, the details of which will be sought by planning
condition.   
With regards to the management of rain and surface water at the site, this will be controlled
thorough a condition imposed on the grant of permission to secure a suitable sustainable
drainage system for the site. The proposal aligns with NPF4 Policy 22 and LDP2 Policy
61, Sustainable Drainage Systems. 
6. Other Considerations 
6.1. Public Representation 
The application has been subject to 22 objections.   
The determining factor in the assessment of this application is whether the conversion of
and extension to the existing stone barn to form a dwellinghouse at the site the subject of
this application is consistent with the Development Plan which comprise National
Planning Framework 4 and Local Development Plan 2 and whether the issues raised by
third parties raise material considerations of sufficient significance to withhold planning
permission. 
In this instance, as detailed above, the proposed development would represent a suitable
opportunity for the conversion of, and extension to, an existing barn to form a
dwellinghouse where the development would be of an appropriate scale and design for
its setting. The proposed development would involve the sustainable reuse of the existing
built development at the site, with an appropriately scaled, sited and designed extension,
to form a dwellinghouse. The applicant has addressed the needs of the tenant farmer
through the provision of a replacement agricultural building, as detailed within application
24/00259/PNAGRI, where the replacement agricultural building is of a scale that is
commensurate with the need and its setting within the landscape, is related physically
and functionally to existing buildings associated with the agricultural business, and is
sensitively sited. The information submitted with the application has satisfactorily
demonstrated that, subject to appropriate conditions, there would be no adverse impacts
on biodiversity, nature networks or the natural environment. No objections have been
received from consultees with regards to the proposed infrastructure to serve the
proposed development. 
7. Conclusion 
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7.1. The detailed information submitted with the application, in the form of the Preliminary
Ecological Appraisal, photomontages, Tree Report, Otter and Bat Report, Design
Statement, and ‘Six Qualities of Successful Places’ Statement have satisfactorily
demonstrated that, in this instance, the proposed development site would represent an
appropriate opportunity for the conversion of and extension to the existing stone barn to
form a sensitively sited and designed dwellinghouse that would be of an acceptable scale,
design and finish that would integrate with the application site and its wider setting within
the landscape. The above assessment has concluded that appropriate servicing and
infrastructure arrangements can be provided to serve a dwellinghouse on the site.
Accordingly, the application is recommended for approval subject to conditions. 
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Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2005
Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings.
OS License No. XYZ123ABC
Location Plan Relative to Planning Application: 23/00185/PP
O
1:1,250
Application Site
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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: 23/01758/MFF
Planning Hierarchy: Local Application
Applicant: Bakkafrost Scotland Ltd
Proposal: Formation of fish farm (Atlantic Salmon) incorporating 8x 160m
circumference circular cages and siting of feed barge
Site Address:  West of Isle of Gigha    
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
• Installation of 8 x 160m circumference pens in a 120 m x 120 m mooring
grid matrix, held in two linear rows of 4 pens;
• Installation of pole mounted top nets;
• Installation of 600 tonne feed barge, 33 m x 13.5 m, unloaded height from
water level 10.95m, fully loaded height from water level 8.7m;
• Sub-surface lighting for use during the production process installed at a
6m depth. 
(ii) Other specified operations
• Navigational lighting in accordance with the requirements of the NLB.
• Biomass of 3,104 tonnes 
(B) RECOMMENDATION: 
It is recommended that:
1. Members consider holding a pre-determination Hearing; and 
2. Planning permission be approved subject to conditions. 
(C) CONSULTATIONS:   
Marine Directorate of the Scottish Government (dated 24/11/23): 
Given the exposed location of the site, there are concerns over the welfare of
young fish being stocked on site and their ability to withstand the currents and
environmental conditions experienced on site. It is noted the applicant state that
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larger smolts will be stocked onto the site; the production plan details that the
average size of smolts being stocked will be 164g, with a production cycle of up to
18 months. Details of the considerations made on the suitability of the site for fish
of this size whilst ensuring any impacts to welfare are mitigated against should be
provided. This information may be included in the Veterinary Health and Welfare
Plan which is referenced but not provided. 
Ballan wrasse are proposed to be stocked on site for biological control of lice at a
ratio of 3-6% to salmon, prior to the first summer of the production cycle to allow for
effective acclimatisation and will be obtained from farmed and wild sources. The
applicant has experience with cleanerfish from their existing Gigha sites, however
the exposed nature of the site raises concerns on the welfare of the cleanerfish to
be stocked on site, as the open pen exposed environment will differ more
considerably from their natural environment. Details of considerations made on
cleanerfish welfare at this location should be provided. This information may be
included in the Veterinary Health and Welfare Plan which is referenced but not
provided. 
Further information required: 
• Details of the considerations made on the suitability of the site for fish of
this size; 
• Details of considerations made on cleanerfish welfare at this location;
• Practical time taken for FLS treatment of the 8x 160 pens; 
• Attestation on the suitability of pens proposed for use on site; 
• Explanation on suitability of high utilisation factors of moorings
equipment;
• Confirmation that equipment specified in moorings analysis report will be
installed on site, or details of any further adjustments made. 
Marine Directorate of the Scottish Government (dated 28/02/24): 
Details of the considerations made on the suitability of the site for fish of this size
The applicant states that considerations have been made by BFS for the health of
welfare of fish in high energy farming locations. Smolts are proposed to be raised in
RAS hatcheries and will be acclimatised to higher flow rates leading up to their
transfer off site. Size of smolts at initial stocking of the site is proposed as 164g but
it is the aim for this to be increased towards 500g in future generations to increase
robustness. Pre transfer health examination and documented risk analysis will be
undertaken prior to transfer from freshwater facilities and subject to review and
approval by another biologist; transfers will only be undertaken when stock is
healthy and robust. If there are any doubts over the ability of stock to deal with the
high energy sea site location, stock could be held at one of the applicant’s existing
sites on the east side of Gigha and transferred to the proposed site when fish reach
between 500g -1kg. 
Details of considerations made on cleanerfish welfare at this location
Details of the considerations made are provided: a pre transfer exam is given to
farmed origin ballan wrasse prior to transfer to ensure the health of animals moved
onto site, wild origin ballan wrasse are also given visual inspections. The applicant
also state that sufficient hides and shelters will be made available to cleanerfish
species, and believe with these adjustments the pen environment will provide
suitable shelter despite the exposed location.
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Practical time taken for FLS treatment of the 8x 160m pens
Practical application time for FLS treatment across all 8 pens on site is stated as 4
days. This is deemed to be satisfactory as far as can reasonably be foreseen. 
Attestation on the suitability of pens proposed for use on site
An attestation is provided from ScaleAQ for the design of all sea based equipment,
net, pens, moorings and barge, which states these are designed and produced in
accordance with the Norwegian Technical Standard or Internationals Standards
with equal reliability level. Furthermore, it confirms that the equipment proposed is
deemed suitable for the West Gigha site. In conjunction with the statement in the
EIA, that all equipment and site installation will be in accordance with A Technical
Standard for Scottish Finfish Aquaculture (STS), the information provided is
deemed satisfactory as far as can reasonably be foreseen. 
Explanation on suitability of high utilisation factors of moorings equipment
The company that undertook to the mooring analysis for the site, ScaleAQ, have
provided a statement which states that the reliability and structural integrity of the
system are deemed sufficient when utilisation factors are maintained at or below
1.0; explaining that the utilisation factor includes defined material and load factors
in accordance with the Norwegian Technical Standard, and at 1.0 still gives an
extremely good margin against overloading of components. They also confirm that
the site data for West Gigha is well defined and good quality. Furthermore, an “as
built” analysis will be conducted following installation to verify the anchor positions
and components installed to ensure they have sufficient capacity. This is deemed
satisfactory as far as can reasonably be foreseen from the information provided. 
Confirmation that equipment specified in moorings analysis report will be installed
on site, or details of any further adjustments made
The applicant has confirmed that the equipment specified in the moorings analysis
report is intended to be installed on the proposed site to ensure the moorings
system is capable of withstanding the environmental conditions on site. The “as
built” analysis conducted by Scale AQ following installation will verify the anchor
positions and components installed to ensure they have sufficient capacity. This is
deemed satisfactory as far as can reasonably be foreseen from the information
provided. 
No further information required. 
Scottish Environment Protection Agency (SEPA) (dated 16/11/23): No
objection.  We can confirm that we received an application under the Controlled
Activities Regulations (CAR) for the proposed development in April 2023. We were
satisfied that the proposed biomass was reasonable within the scope of the new
regulatory framework and a permit was issued in Aug.2023. 
Scottish Environment Protection Agency (SEPA) (dated 7/8/24): The advice in
our previous letter remains valid and we have no objections to the application from
a planning perspective.  We would however take this opportunity to make the
additional comments regarding sea lice and their potential impacts on wild salmon. 
SEPA has now completed its screening assessment of this proposal in relation to
sea lice and their potential impacts on wild salmon.  The screening assessment
indicates that one Wild Salmon Protection Zones (WSPZ) (Mull of Kintyre – West)
is influenced by the proposed site.  The screening assessment output indicates that
in terms of a relative contribution to that WSPZ, the sea lice exposure risk would
not materially change with the farm in operation.
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Argyll and District Salmon Fishery Board (dated 13/12/23):  Our consultation
response to the application is made in respect to the importance of migratory fish
populations in several rivers on the West coast of Kintyre including the Barr
Water,Clachaig Water, Killean Burn, Tayinloan Burn, Ballachroy Burn and Clachan
Burn which support important populations of Atlantic salmon and sea trout which
support active recreational fisheries, local employment, and economy.  Our primary
interest remains the reduction of pressure on wild salmonids from sea lice, fish
diseases and escaped farm fish. 
The addition of a further 3,104 tonnes of farm fish production in addition to the
existing 2,500 Tonnes at Druimyeon Bay and 2,499 tonnes at East Tarbert Bay
increases potential for farm and wild fish interactions which can negatively affect
vulnerable wild salmonid fish populations. 
We urge that in the event of planning permission being granted for the farm at West
Gigha, annual monitoring of the sea lice on sea trout are undertaken in the area
and a programme of genetic monitoring of wild salmon populations within the is
undertaken as part of an Environmental Management Plan (EMP). We note that the
proposed EMP supporting the application does not include the participation of a
wild fishery management group that directly represent migratory fish. Argyll District
Salmon Fishery Board are parties to several other EMP agreements with other fish
farm operators and are working constructively with these companies to ensure that
wild fish are protected by a mutually agreed programme of wild fish monitoring and
a mechanism for changes to on-farm practices monitoring shows an adverse
impact on wild salmonid fish. We urge that it is important to include a suitable wild
fish organisation, such as Argyll DSFB, in a formally agreed EMP. 
In summary, Argyll DSFB has concerns that the proposed new fish farm at West
Gigha may cause additional pressures on local migratory fish populations. If
planning permission is granted for the site, we urge that it includes conditions that
guarantee sea lice management meet the required levels within the Wild Salmon
Protection Zone and that the fish are effectively contained at the site(s). We also
require that an EMP that monitor sea lice and genetic health of wild salmon
populations is a condition of any change in the planning permission. 
Historic Environment Scotland (dated 15/11/23): Our remit is world heritage
sites, scheduled monuments and their setting, category A-listed buildings and their
setting, and gardens and designed landscapes (GDLs) and battlefields in their
respective inventories. 
We previously responded at Screening/Scoping for the proposed development
(February 2022, 1/02713/SCRSCO). In our response we noted that we were
content that the presence of a fish farm in this location would not generate
significant setting impacts on the nearby monument Dun An Trinnse (SM3230). We
were also content that the risk of impacts on known marine assets would be
minimal, and for the assessment of impacts on heritage assets within our remit to
be scoped out of the Environmental Impact Assessment.
We have considered the information received and do not have any comments to
make on the proposals. 
Gigha Community Council (undated): Gigha Community Council conducted a
whole island, paper based questionnaire regarding the proposed fish farm in this
application.  Every inhabited property on Gigha had a questionnaire delivered to
them.  We received 83 responses.  61% of residents were against the proposed
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new fish farm and 39% of them were in favour. As a reflection of the majority view
GCC objects to this planning application.  The concerns raised relate to the
following issues:
• Visual amenity and sense of wildness
• Special protection area status and priority habitats.
• Affect on small scale local creel fishermen
• Light and noise pollution
• Over development
• Concerns over Bakkafrost’s poor track record on Gigha
• Jobs
• Infrastructure 
Gigha Community Council (email dated 17/3/24):  This further response from
GCC highlights some serious inconsistencies on the length of path and coastline
that the applicant claims will be negatively affected by the proposed development
and some wildly unrealistic claims about mitigating factors. 
Because of this confusion GCC believes that the only sure way members of the
planning committee could actually gauge this for themselves would be to consider a
site visit. Is there any way this can be formally requested? 
Gigha Community Council (undated): The Community Council issued a rebuttal
to the applicant’s Consultation Analysis Report.  This relates mainly to statements
made in relation to landscape and visual issues, however, it also refers to GCC’s
own island survey on the proposal, fish mortalities, employment and the exposed
nature of the site. 
Gigha Community Council (email dated 4/7/24): Submitted in response to the
Western Link Visual Appraisal document. 
The no.1 concern of the island wide survey was the impact that the proposal would
have on the beautiful and totally unspoiled west coast of Gigha.  The new visual
appraisal document has not allayed these fears.  Do not agree with the conclusions
of the report that the overall effect on walkers would be generally minor.  People
walking on the new western path will undoubtedly be doing so in order to
experience the west coast of Gigha’s world-class sense of coastal beauty and
isolation from manmade objects.  Their enjoyment would be a sum of their entire
experience, not just the 4/5 of the path, from which there was no view or only a
distant view of a large industrial fish farm.  Their overall impression would be
dominated by the time they spend close to the fish farm. 
Marine and Coastal Development Policy Officer (dated 7/12/23): Concerns
raised with regard to commercial fisheries. 
1. It is important to note that the data presented for brown crab and European
lobster does not account for less than or equal to 12-meter vessels. Under
section 12.4.5.2.1 Brown Crab and European Lobster, the Applicant is asked
to clarify the specific dates that the assessment for brown crab and European
lobster were used from the ScotMap data set? Was it from 2007-2011? Has
the Applicant undertaken a more recent assessment of the available data,
from 2021-2022 for example? If not, can the Applicant please explain why
this was not the case? 
2. It is important to note that in times of rough seas, smaller fishing vessels (less
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than or equal to 12 meters) are likely to use inshore coastal waters. Has the
Applicant considered that the Proposal will displace important overwintering
inshore fishing vessels/grounds from the Gigha fishing community? 
3. Much of the data presented within the EIAR covers the period 2009-2013, it
is therefore unlikely to be a true representation of actual fishing intensity right
now. Given that Vessel Monitoring System (VMS) track data was not
collected for less than or equal to 12-meter vessels for the ICES 40E4
Rectangle, the assessment is not a true and accurate representation for all
fishing vessels, particularly those under 12 meters. It is the Officer’s
understanding that historical and recent fishing track data for vessels less
than or equal to 12-meters is available from the Gigha fishing community and
should have been incorporated into the Applicant’s assessment. Given that
the proposed farm footprint is likely to interact with fishing activity, the
applicant was advised at the Screening/Scoping stage to consult with the
West Coast Regional Inshore Fisheries Group (WCRIFG) chair, and the
Clyde Fishermen’s Association (CFA) in the first instance to discuss pre-
planning. This appears to not have been the case. 
4. The Applicant has not submitted the attestation on the suitability of pens
proposed for use on site. The Applicant is asked to submit this please. 
Clyde Fishermen’s Association (dated 2/12/23): Bakkafrost have reached out to
clearly communicate their intentions with this site and we have provided tracks of
our fishing boats and explained how important the site is to our fishermen, and
given this issue we would have to object.  There is a basic competition issue for this
space, and this space already provides stable long term employment for small
scale static and local small scale mobile family fishing boats.  The safeguarding of
existing employment and wild fisheries has to be taken into account. 
The local fishing community are becoming increasingly concerned with the fairly
constant loss of indigenous fishing grounds to aquaculture. 
We would be happy to provide more fishing tracks of local generational fishing
boats to help establish that local boats have fished in this area for many years.  We
often hear Councils or developers state they have mitigated impact to fisheries
through ScotMAp, however under 12m fishing boats are not captured at all by
ScotMap.  In this area many boats are under 12m.  We have therefore attached
some screenshots of fishing tracks / plots in the area demonstrating clearly the
area is fished and is of significant socio-economic importance to our member boats
and doe small boats who were not in our association. 
Concerns relating to significant effects due to sewage and chemical pollution from
fish farms. 
The site will further encroach further into safe, wild fishing grounds. 
Concerns relating to debris emanating from fish farms. 
Concern over dead salmon which are being recovered which appear to be from fish
farms and concern about the proliferation of sea lice. 
Following this consultation response further track were submitted by CFA. 
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Clyde Fishermen’s Association (dated 10/9/24): in principle the CFAs stance is
to generally not be supportive of new or expanded aquaculture in the area due to
loss of space and concern that sediment and water column testing must be
completed by Sepa independently for the area and in detail as it was a number of
years back for Shetland. 
However Bakkafrost have made attempts to work with some CFA members to
minimise the impact to fishing members in this case in terms of space. Whilst we
still have concerns generally and note concern over the need for Sepa testing, we
recognise a compromise has been made by Bakkafrost to work with some local
fishermen in this area in terms of footprint of the site. 
Northern Lighthouse Board (dated 31/12/23): Consultation response includes
details of lighting and marking requirements. 
Royal Yachting Association (dated 6/11/23): RYA Scotland has no objection to
this application. 
Argyll and Bute Biodiversity Officer (dated 20/12/23):  Due to early retirement
the Biodiversity Officer unable to provide a response for this development.  
However, the Marine and Coastal Development Policy Officer and NatureScot have
adequately covered these issues. 
West Highland Anchorages and Moorings Association:  No response to date. 
West Coast Regional Inshore Fishery Group:  No response to date. 
Argyll and Bute Environmental Health (dated 4/9/24):  I have reviewed the
application and would recommend the following conditions be attached to any
permission granted;
Operational Noise
The application is for the formation of a fish farm located approximately 625m off
the West coast of Gigha. The nearest noise sensitive property on Gigha being
approximately 1,300m away from the proposed development.
Upon reviewing the application it seems that the main operational activities that
could generate noise would be generators and/or pumps associated with the barge
and floating pens, and marine vessel activity.
The applicant has submitted a full Environmental Impact Assessment Report
outlining noise mitigation measures that will be adopted during operation of the fish
farm. 
Given the remote location it is not anticipated that the proposed development will
cause a statutory noise issue however, it would be advisable to attach a
safeguarding condition to any permission granted. 
NatureScot (dated 29/1/24 and 26/6/24):  The proposal lies within the Sound of
Gigha SPA protected for its qualifying interests of wintering great northern diver,
red-breasted merganser, eider and Slavonian grebe. 
The proposal could be progressed with appropriate mitigation, however, because it
could affect an internationally important natural heritage interest, we object unless it
is made subject to conditions so that the works are done strictly in accordance with
the mitigation detailed in Annex A.
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The proposal also affects a nationally important population of a protected species
as described in the accompanying confidential Annex B.  We object to the proposal
unless it is made subject to conditions detailed in confidential Annex B. 
Sound of Gigha SPA 
Argyll and Bute Council is required to consider the effect of the proposal on the
SPA before it can be consented.  Argyll and Bute Council as competent is required
to carry out an Appropriate Assessment. 
Ailsa Craig SPA 
The proposal is likely to have significant effect on the northern gannet qualifying
interest of Ailsa Craig SPA.  Consequently Argyll and Bute Council as competent is
required to carry out an Appropriate Assessment. 
Inner Hebrides and the Minches (IHM) SAC 
The proposal is located 5km from the IHM SAC.  The proposed vessel transit route
(VTR) crosses into the SAC at its southern edge as the route heads around the
north end of Gigha.  Our advice is that this proposal is likely to have a significant
effect on the harbour porpoise qualifying interest of the SAC.  We advise that on
the basis of the information provided, if the proposal is carried out strictly in
adherence to the Vessel Management protocols as set out in the applicant’s Vessel
Management Plan (including cetacean protocol), our conclusion is that it will no
longer be likely to have a significant effect and appropriate assessment will not be
required. 
Species of Conservation Importance 
The proposal could be progressed with appropriate mitigation.  However, because
it could affect nationally important natural heritage interests, we object unless it is
made subject to conditions so the works are done strictly in accordance with the
mitigation detailed in confidential Annex B. 
Wild Salmonids 
Sea trout and Atlantic salmon are both Priority Marine Feature (PMFs) and this
proposal has the potential to impact on both species, particularly in relation to sea
lice burdens.  We consider that the supplied Environmental Management Plan
(EMP) and confidential annex adequately addresses on-farm and wild fish
monitoring requirements and provides mechanisms for feedback and
reactive/adaptive management, up to and including escalated actions such as early
harvest / depopulation.  We are satisfied that the contents of the EMP and Wild
Fisheries Sea Lice Monitoring Strategy in the context of monitoring and managing
risks to wild salmonids associated with nationally important watercourses. 
We defer to the District Salmon Fisheries Board and / or Marine Scotland to provide
further advice to the Planning Authority on the local significance of any wild salmon
populations likely to be impacted by the proposal.  NatureScot will defer to Marine
Directorate to advise on the adequacy of the equipment in this location and
monitoring requirements to ensure equipment integrity. 
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Regarding the potential conflicts between recapture efforts for escaped fish and
marine birds, as stated in the escape contingency plan, NatureScot must be
consulted on any proposals for recapture in the interests of conservation of the
qualifying species on the Sound of Gigha SPA.  Use of set (gill) nets for recapture
of escaped farmed stock is prohibited within the SPA. 
Benthic Impacts 
We conclude that there is no risk that solids deposition, including cumulative
deposition, will result in a significant impact on the national status of any of the
sensitive PMF feature that have been identified. 
Similarly, there is some predicted overlap between the chemical plumes in the
water column and the PMF habitats outline above.  This is also considered unlikely
to be a significant cause for concern for the PMF features present based on the
information provided. 
Landscape 
The proposal is not located within any nationally designated landscapes and
therefore does not meet our thresholds for consultation. 
No further comments to make on the amended SLVIA. 
NB Full details of all consultation responses received can be viewed on the
Council’s planning portal www.argyll-bute.gov.uk 
(D) HISTORY:   
None 
(E) PUBLICITY:   
ADVERT TYPE:  Environmental Assessment Regs Adv (28)
EXPIRY DATE: 03.12.2023 
ADVERT TYPE: Regulation 20 Advert Local Application
EXPIRY DATE: 24.11.2023 
ADVERT TYPE: ENVASA Addendum EA Advert
EXPIRY DATE: 21.07.2024 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Please see Appendix B for a list of the contributors 
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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Ariane Burgess MSP 
Main reason for objecting is the appalling track record of the operator,
Bakkafrost, in the same region.  The company has two other salmon farms
close to Gigha.  Both recently completed yearly production cycles with over
80% mortality.  This means that over 80% of the fish they were farming died
prematurely and could not be sold as food for people.  Yet the ‘production’ of
those wasted salmon had detrimental impacts on the local and global
environment and the local economy. 
Approving this application would surely conflict with Argyll and Bute Council’s
Local Development Plan policy on sustainable development. 
In order for this application to be approved Bakkafrost should have to prove
that the design of this new farm, and/or the practices they follow will at it, are
substantially different for their other two farms around Gigha, where mass
mortality events have resulted in enormous levels of waste. 
Approving this application would allow the company to expand operations
close to its existing sites where it has recently struggled with sky high
mortality rates including the worst mortality event in Scottish history in 2021. 
It is questioned whether this complies with NPF 4 policy 32 (c), which states:
“Development proposals for fish farms will demonstrate that operational
impacts (including…waste emissions, aquaculture litter (and odour impacts
on other marine user) are acceptable and comply with the relevant regulatory
framework.” 
Comment:  This application has been assessed on its merits against the
policies of the Development Plan.   
Councillor Douglas McFadzean 
I have been contacted by Gigha Community Council who have provided me
with the results of an island wide consultation they undertook in relation to
this proposed fish farm development.  I have summarised the report findings
as follows: 
The total number of respondents was 83 (32 for and 51 against).
39% of respondents were in favour of the proposal and 61% were against. 
I have also spoken with the development team behind the fish farm and they
did provide some very strong reassurances re environmental protection and
sourcing staff locally, ideally from Gigha itself. 
However, I was elected to represent the thoughts and feelings of the
communities I serve and the results from the Community Council survey are
pretty compelling. 
I would further like noted my concerns regarding the infrastructure on Gigha
that could support (or not be able to support) such a development and am
thinking particularly about the lack of housing on Gigha, and across my ward,
which is stifling growth and population retention.  There will be a negative
environmental impact if this development goes ahead, although I was
assured these would be minimised using new technologies.
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On balance I believe that I must represent the community first and would
agree that the time is not right for this development to go ahead for the
reasons outlined above. 
Wild Fish Interactions 
Laggan and Sorn District Fishery Board (LSDFB) have serious concerns
about the possibility of a new salmon farm being located in such close
proximity to the salmon and sea trout fisheries that it is responsible for
protecting and enhancing.  The Board is of the view that it is inevitable that
there will be a proliferation of the presence of sea lice in waters surrounding
the site of the proposed fish farm. 
The LSDFB opposes the siting of any marine salmon farm in such close
proximity to its jurisdiction as it wishes the waters surrounding Islay and Jura
to remain as free as possible from the effects of over parasitism of sea lice
on wild salmon and sea trout. 
The LSDFB is fundamentally concerned with ensuring wherever possible
that that there is reduction of pressure on wild salmonids from sea lice, fish
diseases and escaped farm fish in representing the interests of its members
on the island of Islay and performing its statutory duty to protect wild
migratory salmonid fish. (NB The Argyll District Salmon Fishery Board are
the statutory consultee for this planning application) 
The proposed location of the farm is in a very exposed location where violent
storms occur regularly.  This factor predicates the inevitable escape of fish
from the installation.  The proposed installation presents the threat of escape
farm-bred fish, the effects of which are deleterious.  This represents a
significant threat to a species of economic importance that is already under
critical pressure. 
In rough seas it would be difficult to deal with any incident of malfunctioning
equipment, moorings or failure of installation on this fish cages.  A small
defect would rapidly deteriorate in bad weather and a major environmental
disaster could occur.  Any caged fish escape from even a single unit could
seriously damage or destroy any wild salmon fishery as far north as Oban or
as far south as the Mull of Kintyre.  This is a very high risk location indeed,
and even one accidental release could catastrophic environmentally. 
Comment: See assessment. 
Farmed Fish Mortalities 
There is a growing body of evidence that the battery production of Atlantic
salmon in fish cages on our west coast is not sustainable.  In the last three
years, mortalities in excess of 500 tonnes per month have been seen on
some farms.  The result include constant movement of lorries, sometimes
dripping toxic waste, on our already stressed roads. 
In late summer 2021 over half a million salmon died in a farm off the Isle of
Gigha operated by the current applicants.  The resultant waste had all to be
removed in lorries using the only ferry terminal and the only ferry, causing a
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huge disruption to locals and tourists alike.  Skips full of stinking dead salmon
sat on the pier for days. 
The company making this application have an extremely poor track record of
managing their existing sites on the east side of Gigha.  Both recently
completed yearly production cycles with over 80% mortality. 
The EIAR claims that it will be able to avoid animal welfare disasters at the
proposed new farm because it has access to freshwater treatment vessels
and to medicinal and non-medicinal treatments. However, these treatments
were used before at Druimyean Bay and East Tarbert Bay and these did not
prevent farmed fish disasters. 
BFS cannot guarantee that these measures will prevent the same thing
happening at the new farm, and the company has made this harder to
assess, as its Veterinary Health and Welfare Plan is not included in the
documents in the planning portal.  The Council must make sure that this plan
is available and this is fit for the purpose of preventing unacceptable mortality
and poor fish welfare. 
Comment:  This application has been assessed on its merits against policies
contained within the development plan and advice from consultees.  The
planning authority does not differentiate between applicants when assessing
planning applications. Mortalities at another fish farm is not material to the
determination of this application.  Issues of fish health and welfare are
covered by the Fish Health Inspectorate. 
Ornithology 
It is the opinion of Starling Learning ornithologists the insufficient survey has
been carried out in order to full assess the impacts on cited species on the
Sound of Gigha SPA.  Due to flaws in the survey methods, it will not be
possible for Argyll and Bute Council to make an accurate appropriate
assessment. 
Comment: NatureScot are the Planning Authority’s expert advisors on SPAs
and they have not raised this as an issue.  An Appropriate Assessment is
included as an Appendix to this report. 
Landscape and Seascape Issues
The proposal would be highly detrimental to the wild character of the West
coast of Gigha.  The community has recently heavily invested in pathways,
including pathways to the west and the proposal would be an eyesore and
generated a lot of traffic in what is a relatively quiet and beautiful part of the
island. 
The site would be visible from many of the new community built paths
especially from Creag Bhan, a scenic viewpoint that currently enjoys
magnificent view of the Sound of Jura. 
The remote landscape and seascape features of Gigha’s west coast and
seascape have been recognised by Argyll and Bute Council designating
large sections as “isolated coast”.  The EIA recognised that the landscape
effects along this pristine and quite special coastline would be more than
significant.
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No new land based is permitted on the west side of Gigha to conserve the
remote and isolated landscape character and quality.  The impact of a new
industrial installation for fish farming here would be absolutely contrary to
existing planning objectives and designations. 
Comment:  See assessment. 
Navigation  and Impacts on Commercial Fishing 
The proposal will affect local creel fishermen and will restrict access to creels
in the area. 
The site lies directly on the main west Gigha coastal yacht navigation and
has a creel fishery. 
Concerns that the proposal will interfere with shipping. 
In particular, section 4.18 of policy GEN 19 must be observed “Where
evidence is inconclusive and impacts of development or use on marine
resources are uncertain, reasonable efforts should be made to fill evidence
gaps and decision makers should apply precaution with an overall risk based
approach.” 
BFS also says that the negative economic impact on fish “is considered to
be temporary as, at the end of the Proposed Development’s lifecycle, the
infrastructure can be removed and the impact avoided”.  This is clearly
ridiculous.  The farm would have planning permission in perpetuity. 
How could the area closest to the cages, and the farm’s pesticide discharges,
remain a good place to fish for lobsters, crabs and prawns, which are also
crustaceans. 
Comment: See assessment. 
Environmental Issues/ Wild Fish Interactions 
In the intervening five years since the REC Report there has been no
improvement in the industry’s environmental and fish health issues; on the
contrary sea lice control and premature mortalities have both deteriorated
significantly. 
The record of sea lice control by the industry in general, and Bakkafrost in
particular, is poor – despite the best intentions as detailed in planning
applications.   Whilst the new Gigha site is not adjacent to significant salmon
or sea trout rivers, sea lice emissions from the site will inevitably add to the
local cumulative numbers of sea lice with implications for transmission to
passing wild salmonids.  It is likely that the migration path of wild salmon
smolts from rivers to the south will take them close to Gigha.  
We do not consider that the SEPA sea lice control framework, nor the
Environmental Management Plan (EMP) can adequately address the likely
impacts of sea lice from the farm on wild salmonids.  Our concerns in this
area are detailed in out consultation response to SEPA’s second sea lice
consultation.
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The proposed location for a farm off the west coast of Gigha is highly
exposed and consequently equipment failure (no matter how robust it is),
leading to escapes, is highly likely. 
Other countries such as Norway and the US have now come to the
conclusion that fish farms in inshore waters in their own countries are
environmentally unsustainable and have moved to having them on land.  No
further planning consents should be given for fish farms in Scottish inshore
waters. 
Comment:  SGMD have advised the Planning Authority that the EMP is fit for
purpose.  In addition, SEPA has advised that the sea lice exposure risk would
not materially change with the proposed farm in operation. 
Site Location / Site Issues 
The area is subject to very rough weather, fast tides and is very deep.  Only
recently Bakkafrost have lost a barge in Loch Fyne and previously a feed
barge at Portree and despite recovering it they have dumped it on the sea
shore.  This site poses challenges for the company and I would dispute their
experience / reputation in being able to manage such a construction.  The
risk of something going wrong is high and I do not have the confidence they
would clean up after themselves. 
Concerns about safety based on the difficulties with tethering in those waters. 
Bakkafrost are not very experienced in dealing with pens this large. 
The west of Gigha is very exposed to Atlantic gales and storms.  The
proposed fish farm location takes the full force of westerly and south westerly
depressions which are the dominant weather systems for over six months of
the year.  We expect 90-100 days a year where the wind is Force 6 and
above, and extended periods of low pressure systems can run for several
months during the winter.  Between Autumn and late String the sea state off
the west of Gigha is frequently rough with sea swells of about 1.5m with
breaking crests.  The seas bounce back off the cliffs in a south westerly with
a strong backwash, and there is a highly confused sea state in high winds. 
Working on a site in these conditions is virtually impossible, regardless of
automated feeding. 
The land base is some 9km away and the journey to the site would be directly
into the wind and highly dangerous in S to W F6 and above.  It would be
unsafe for any vessel attached to the site barge to try to put to sea.  (The
Islay ferry is cancelled in these conditions). 
The company plan to service the site via boats, but this is also unfeasible
and they will clearly need to utilise our fragile ferry service further to service
this site.  There will be impacts on our road network which is not suitable for
any increase in vehicles of any size. 
The existing east Gigha site is fallow because Bakkafrost do not have the
capacity to stock it, so their expansion with supersized cages in such an
exposed location appear to be entirely unnecessary for their business model. 
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A suitable attestation has not been provided to confirm that pens will be
suitable for this location. 
Feed barges are vulnerable during bad weather.  There have been
incidences of feed barges sinking. 
National Marine Plan (NMP) policy GEN 5 Climate Change says that “marine
planners and decision makers must act in the way best calculated to mitigate,
and adapt to, climate change”. 
Comment:   SGMD have not raised any objections to the location of this site. 
Planning Policy 
The proposal is contrary to policies SG LDP 9 and SG LDP Aqua 1 –
aquaculture development. 
Consenting this proposal would contravene several of the Council’s policies,
including Aqua 1, which states that “proposal for marine aquaculture
development will be supported subject to there being no significant adverse
effect directly, indirectly or cumulatively on the following development
criteria:
1. Landscape / seascape and visual amenity;
2. Isolated coast;
4. Priority habitats / species and designated sites for nature
conservation’
7. Economic impact”
This development would have significant adverse direct and indirect effects
on the criteria above, as well as contributing to cumulative impacts affecting
some of them. 
Comment:  See assessment. 
Environmental Management Plan 
We do not consider that Annex 2 in the Environmental Management Plan
Gigha FMA-M46 (the wild fish sea lice monitoring strategy) should be kept
confidential – as this does not allow for proper consideration on what is being
proposed. 
The fundamental flaw of EMPs is that Councils, including Argyll and Bute,
have neither the capacity, not the expertise, to enforce them. 
Comment:  NatureScot have requested that this information be kept
confidential in the interests of the protection of a nationally important
population of a protected species. 
Animal Welfare 
Salmon farming involves keeping the fish at high densities which leads to
many, well-known problems with animal husbandry, cruelty, infections and
high levels of salmon lice. 
Intensive farming in any setting has significant animal welfare and
environmental impacts.  Farmed salmon gets away with it as it is under the
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water and not visible.  We would not tolerate mammals being kept in similar
intensive situations. 
The council should not compound the mistake of consenting the expansion
of the East Tarbert Bay Farm by allowing another 3104 tonnes of fish in an
area where it is manifestly not possible to humanely rear salmon.
There is potential for the fish to experience severe harm during bad weather
as has happened in the Faroes. 
Ballan wrasse do not naturally live in open water, high wave-energy sites. 
They are susceptible to death through shock, even when being transported,
let alone when exposed to 4m+ waves in net cages.  Stocking wrasse in such
a situation while knowing that many will be killed by the sea conditions, would
constitute unacceptable cruelty. 
The use of freshwater treatments would adversely affect wrasse. 
In common with all of Scotland’s other salmon farm operators, BFS will
slaughter all the surviving wrasse every two years, when it kills the salmon,
in case they transmit diseases to the next generation of farmed fish.  It is
unjustifiable and inhumane to use so many of these usually long-lived fish
just to remove parasites, then kill them all. 
Comment:  Fish welfare is a matter for the Fish Health Inspectorate 
Pollution 
Large quantities of dead or infected fish have been removed by road from
the existing fish farms over the years.  In the Faeroes, the local inhabitants
have now put an embargo on any further Bakkafrost developments due to
the amount of pollution created by them.   
It is well researched and recorded that salmon farming has environmental
impacts through pollution from dead fish, waste feed and the impact of
treating lice on the fish. 
Salmon farms dump tonnes of untreated waste into the local waters
containing parasites and other pollutants which infect the local ecosystem
damaging Scottish traditional fishing, as well as flooding the market with
hazardous fish products, whilst providing negligible benefits to the local
economy to offset the significant damage. 
Comment: SEPA are responsible for pollution and have not objected to this
application. 
Acoustic Deterrent Devices (ADDs) 
Concern over the proposed use of sonic deterrents which have a known
serious, deleterious effect on many marine mammals including cetaceans
which are beginning to return to these waters. 
Comment:  ADDs will not be used at this site and a condition is recommended
preventing their use. 
Socio-Economic Issues
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The economic wellbeing of local residents is extremely unlikely to be
supported by any expansion given that since their introduction to the area
Bakkafrost has not generated any employment opportunities of significance
for locals. 
The proposal will adversely affect a business which relies on working,
learning and relaxing.  Our waters are a key part of this and any further
expansion of fish farming threatens this. 
The fish farm will bring no benefits for our businesses or out island
community through employees living and working of Gigha, sending children
to the school, buying from the shop, joining in community activities and taking
on important volunteer roles. 
The island gains almost nothing from having these farms as none of/ very
few of their staff are resident here; the staff are boated in from the mainland
each and every day so they don’t even bring economic benefit to our ferry. 
The jobs offered are not attractive when they involve dealing with so much
dead fish.  Neither is good that employees have to be given work elsewhere
during extensive periods of fallowing which is enforced by warming oceans. 
Bakkafrost Scotland (BFS) makes bold claims about the economic benefits
of each job on the fish farm, using economic multipliers to infer how many
additional “indirect” and “induced” jobs will be created, as well as the
economic benefits due to all these people spending their salaries.  This is
smoke and mirrors, using economic multipliers in a way that has be
debunked by three of Scotland’s top economists. 
BFS also claims that each of the five new employees will directly generate
£121,200 GVA for the Scottish economy.  This is fanciful, given the record of
mass mortalities at BFS’s Gigha farms. 
BFS also claims that “within the salmonid production sub-sector, in general,
there has been an increase in the total number of jobs supported.”  This is
not true.  The Scottish Government Marine Directorate’s Fish Farm
Production Survey for 2022 shows that the number of direct employees has
declined each year since 2019. 
Comment: See assessment. 
Tourism 
The development would have adverse impacts on tourism. 
As a community which is dependent upon tourism for its economic life, why
should we be thinking that pollution of our waters and shores is a good thing
for now or the future? 
The development will compromise Gigha’s new coastal path. 
Comment: See assessment 
Dark Skies
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Gigha is classified as a Dark Skies site and the health of this site supports
our local economy and the health and wellbeing of our residents.  The
proposed expansion will need to include essential lighting systems, including
fixed white lights which are visible for 2 nautical miles which will negatively
impact both our Dark Skies designation and the health of the site even more
than those currently in operation. 
Comment:  See assessment. 
Effects on Habitats and Species 
The proposal would be a hazard to sea life. 
The SE Islay Skerries SAC for the Harbour Seal is just across the water from
Gigha’s West coast and the area is frequented by the Harbour Seals and
their young. 
The site lies directly on the main migration route for cetaceans like dolphins
and basking shark. 
Comment:  See assessment.  The Planning Authority have been advised by
NatureScot on this issue.  No ADDs will be used at this site. 
Amenity Issues 
The development would result in consideration marine movements
necessary to service the site which is a 9km journey from the Drumyeon Bay
shore base.  This will result in noise and physical disturbance to quiet
recreation and wildlife.  It is a large industrial site boing proposed, at the
bottom of a remote and spectacular cliff line fully exposed to the Atlantic. 
The proposal will result in light pollution. 
The property at The Mill, Isle of Gigha will be significantly affected by noise
and light pollution from the site.  We have recently spent a large amount of
money restoring the old listed water mill.  The proposal would also ruin
business plans at the old water mill for a creative space where people can
come on artists retreats due to impacts of light, noise and environmental
pollution. 
Comment:  See assessment. 
Impacts of Climate Change 
Once the water temperature is over 16C, salmon get stressed and
productivity is reduced with increased prevalence of disease and sea lice. 
There is increasing vulnerability of cage farmed salmon down to continuing
climate change induced increases in water temperatures, currently 11°C in
November and 16°C in June.  In recent years there has been a very rapid
increase in the frequencies of micro jellies and sharp plankton blooms with
high mortality levels experienced – over 20% per episode being common on
many fish farms.  There is an increasing rate of mortality in the fish farming
cycle due to the impacts of climate change. 
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Salmon are cold water fish.  The welfare disaster in Argyll’s farms is getting
worse because Scotland is experiencing more frequent spells of settled
weather in late summer, warming the surface waters, reducing dissolved
oxygen levels and stressing the salmon.  The impact is felt most strongly in
the south, so it is no coincidence that the south west and Western Isles
regions now have the worst fish mortality.  This impact is additional to the
slower increase in average annual sea temperature, which is also affecting
salmon farming. 
Warmer conditions promote diseases and speed up the reproduction of sea
lice and harmful planktonic blooms of algae and micro jellyfish.  The latter
can severely damage the fishes’ gills, killing them if their gills are already
suppressed by disease. 
Comment:  Officers sought the advice of the SGMD on this issue.  SGMD
has advised that the Marine Directorate is aware that climate change may
lead to changes within the marine environment in which aquaculture
operates, including trends towards milder winters.
The Marine Directorate uses the best available science and evidence to
inform our approach to aquaculture development. In relation to the impact of
temperature change on farmed salmon production, evidence provided by
Marine Directorate (from Moriarty et al. (2020)) indicates that there is a
significant relationship between biomass and winter minimum air
temperature, and monthly losses of farmed salmon at national or regional
scales.
As detailed in Moriarty et al. (2020), this work is to help assess longer term
trends that can help inform the aquaculture sector of potential losses and be
of practical use in farm management. The work does not support a
moratorium on individual fish farm development as losses are only resolved
at the level of large regions, site-level factors were not considered within this
work. Therefore, it is not possible to advise if any possible changes in winter
temperatures in Argyll, and specifically at the proposed West Gigha site,
would result in increased farmed fish losses. 
Developing production strategies for farmed fish at site level for the optimal
health and welfare of farmed fish is the responsibility of the site developers
and operators. The Scottish Government expects mortality to be managed
to the lowest possible level, and innovation and best practice in farm
management to be applied appropriately to the environment in which fish
farming operates. 
Historic Environment 
The development would have an adverse impact on the old mill listed
building. 
Comment: The listed building would be over 1km from the closest fish farm
pen and at this distance it is not considered that there would be an adverse
impact on the setting of the listed building. 
Other 
The fact that 61% of residents of Gigha, out of 83 responses, are against this
proposal should outweigh every other determining factor. 
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Should permission be granted firmer requirements for the removal of disused
equipment than those that are given in the application should be required. 
Gigha community needs help from Councillors in resisting this application
because they will get little or no help from statutory consultees.  SEPA have
already issued a CAR licence because their remit does not cover considering
performance at other farms or the cumulative impact on the island.  Past
experience does not suggest that NatureScot will lend much support to
islanders because their remit tends to be limited to isolated Priority Marine
Features and other species with no consideration of the broader impacts on
communities. 
It would be wrong to impose this large, inappropriately sited industrial
development on an island community that does not want it.  The Council
should respect such strong community opinion and ask the company to do
likewise, by withdrawing its proposal, as another company MOWI, did when
it withdrew its plans for new fish farms, after polls of the communities on Eigg
and Coll showed clear majorities against them. 
Comment:  The Planning Authority are required to determine all applications
submitted.  Any decision to withdraw an application would be a matter for the
applicant.  Planning legislation requires planning applications to be assessed
against the policies of the development plan unless material considerations
indicate otherwise.  The relevant policies of the development plan are
considered in the assessment.   
Summary of Expressions of Support 
The proposal will benefit the economy of the island; 
This will be great for the local area, supply chains and employment.
Developments such as this provide both direct and indirect employment
opportunities; 
W & J Knox is a supplier and manufacturer of aquaculture products based
in Kilbirnie.  We have had a long and fruitful history with Bakkafrost
Scotland and its predecessors going back 30+ years.  As a company we
collaborate closely on the design of new products and associated services
to meet the evolving requirements of Bakkafrost’s farming operations.  This
was shown in 2021, when we helped them to upgrade their entire stock of
containment nets to eliminate the pressure experienced from predation. 
We currently employ approximately 56 local people with 75% of them
involved in net washing, repair and manufacture of associated aquaculture
products.  As a service company, we spend a lot of time visiting farms
following up on past installations and new enquiries.  As a result, we make
a direct contribution to many local communities throughout the country all
year round using local accommodation, restaurants, shops, fuel stations
etc. 
From the Covid 19 epidemic, we have learned the importance of
diversifying our economy away from an over reliance on tourism. 
Over recent years the aquaculture industry has been recognised to support
11,700 jobs and contribute an approximate £885 million to our national
economy with an annual turnover of £1.5 billion;
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Bakkafrost and other salmon producers operating in Scotland invest heavily
in rural and coastal communities, providing not only skilled and well paid
jobs but also a source of income which helps to redress the current
demographic imbalance in our communities. 
In addition to the economic and social advantages, fish-farming supports
sustainable food production.  Salmon are among the most efficient farmed
animals to produce as they convert feed very well.  Salmon farming has a
lower carbon footprint than most other farming sectors, uses less
freshwater and produces more edible meat for every ton of feed used. 
Will be an asset to the island, especially now that the halibut site has
closed.  Hopefully bringing new jobs and people to the island. 
My role is running the local shop and Post Office and I can’t stress enough
the importance of the fish farm in making our island store viable and hence
safeguarding an important piece of island life. 
Comment: The points in support are noted. 
NB:  Full details of all representations can be viewed on the Council’s
website. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☒Yes ☐No 
• Infrastructure
• Husbandry
• Farming Production System
• Consultation and GAP Analysis
• Summary of Designations
• Benthic Habitats
• Water Column Impacts
• Interactions with Predatory Species
• Interactions with Wild Salmonids
• Impacts on Species and Habitats of
Conservation Importance
• Navigation, Anchorage, Commercial
Fisheries and other Non-Recreational
Maritime Users (MOD)
• Seascape, landscape and visual
• Noise
• Socio-economic, Access and Recreation
• Lighting 
Appendices
• Appendix A Figures
• Appendix B Equipment 
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• Appendix C Planning Statement
• Appendix D Example Production Plan
• Appendix E Environmental Management
Plan (including confidential annex)
• Appendix F Sea Lice Management
Statement
• Appendix G Fish Mortality Plan
• Appendix H Farm Management Statement
• Appendix I Benthic Survey Report
• Appendix J Hydrographic Report
• Appendix K NDM Modelling Report
• Appendix L Marine Modelling Report
• Appendix M Nutrient Calculations
• Appendix N SLVIA
• Appendix O RIAA
• Appendix P Waste Management Plan
• Appendix Q Vessel Management Plan
• Appendix R Bird Survey Report
• Appendix S Sea Lice Modelling Report
• Appendix T Wave Climate Assessment
• Appendix U SEPA CAR Licence 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☒Yes ☐No (See
Appendix)  
(iii) A Design or Design/Access statement:    ☐Yes ☒No 
(iv) A Sustainability Checklist 
(with reference to the requirements of LDP2
Policy 04) 
☐Yes ☒No 
(v) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☒Yes ☐No 
Commercial Fisheries Impact Assessment –
Local 12m and Under Fisheries dated Jan 2024
Consultation Analysis Report, West Gigha dated
Feb 24. 
(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 
(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
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(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 7 – Historic Assets and Places
NPF4 Policy 12 – Zero Waste 
Productive Places
NPF4 Policy 25 – Community Wealth Building
NPF4 Policy 29 – Rural Development
NPF4 Policy 32 – Aquaculture 
Argyll and Bute Local Development Plan 2 (Adopted February 2024) 
Spatial and Settlement Strategy 
Policy 04 – Sustainable Development 
High Quality Places 
Policy 08 – Sustainable Siting
Policy 14 – Bad Neighbour Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 19 – Scheduled Monuments 
Diverse and Sustainable Economy 
Policy 28 – Supporting Sustainable Aquatic and Coastal Development 
Sustainable Communities 
Policy 59 – Water Quality and the Environment
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 74 – Development Impact of Sites International and National Importance 
(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. 
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• Third Party Representations
• Consultation Reponses
• Planning History
• ABC Technical Note – Biodiversity (Feb 2017)
• ABC Landscape Studies 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
The proposal is a Schedule 2 EIA Development 
(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 
In deciding whether to exercise the Council’s discretion to allow respondents to
appear at a discretionary hearing, the following are of significance:
• How up to date the Development Plan is, the relevance of the policies to the
proposed development and whether the representations are on development
plan policy grounds which have recently been considered through the
development plan process;
• The degree of local interest and controversy on material considerations together
with the relative size of community affected set against the relative number of
representations, and their provenance. 
The current Local Development Plan was approved in 2024.  NPF4 which was
approved in 2023 contains a similar criteria based approach in relation to
aquaculture applications.  It is considered that the development plan is up to date.
At the time of writing this application has attracted 31 objections and 14 expressions
of support.  Objection has been raised by the Gigha Community Council in their
capacity as a statutory consultee and they have requested that Members visit the
site. Given the level of interest in the application and the complexity of the issues
raised, it is considered that there would be merit in holding a pre-determination
Hearing to allow Members consider the site, question participants and consider the
arguments on both sides in more detail.  It is the view of officers that this would add
value to the decision-making process.    
(O)(i) Key Constraints/Designations Affected by the Development:
• Sound of Gigha Special Protection Area (SPA)
• Ailsa Craig Special Protection Area (SPA)
• Inner Hebrides and the Minches Special Area of Conservation (SAC)
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• Dun An Trinnse Scheduled Monument (SM3230) 
(O)(ii) Soils   - Not applicable as this is a marine development 
(O)(iii) Woodland - Not applicable as this is a marine development    
(O)(iv) Land Status / LDP Settlement Strategy - Not applicable as this is a marine
development 
(P) Summary assessment and summary of determining issues and material
considerations 
This application is for the installation of a new marine fish farm for the farming of
Atlantic salmon in the Sound of Jura approximately 450 m to the west of the Isle of
Gigha.  The site would comprise 8 x 160m circumference pens in a 2 x 4 formation
along with a 600 tonne feed barge which would be located at the centre of the group
on the shore side.  The site would be serviced from the company’s existing shore
base located on the north east side of the Isle of Gigha. 
This proposal is EIA Development and the determination of this application is also
subject to the Town and Country Planning (Environmental Impact Assessment)
(Scotland) Regulations 2017.  There is a requirement to examine the
environmental information submitted and reach a reasoned conclusion on the
significant environmental effects of the proposal.  In this respect the following have
been taken into account when reaching a recommendation: 
The EIAR (August 2023) report and appendices; The EIAR Addendum:  Western
Link Visual Appraisal dated 3 June 2024; The Environmental Management Plan
Gigha, FMA-M46 dated September 2023; The consultation responses from
Scottish Government Marine Directorate, NatureScot, SEPA, Argyll District
Salmon Fishery Board, Historic Environment Scotland, Northern Lighthouse
Board, Royal Yachting Association, Gigha Community Council, Argyll and Bute
Environmental Health, Argyll and Bute Marine and Coastal Development Policy
Officer and Argyll and Bute Environmental Health Officer; Representations
received. 
The recommendation on this application has been guided by the conclusions of
the EIAR and the proposal has been assessed against the policies of the adopted
Development Plan with particular regard to the policies of NPF4 and to the policies
of LDP2 as well as other material considerations and policies within the plan. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The proposal is considered to be consistent 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 withhold planning permission
having regard to s25 of the Act.
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(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Not Applicable 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Sandra Davies Date: 5/9/24 
Reviewing Officer: Peter Bain Date: 5/9/24 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/01758/MFF 
Standard Time Limit Condition  (as defined by Regulation) 
Additional Conditions  
1. PP - Approved Details – EIA Development 
The development shall be implemented in accordance with the details specified on
the application form dated 4/9/23; the Environmental Impact Assessment Report
dated August 2023, and, the approved drawings listed in the table below unless the
prior written approval of the planning authority is obtained for an amendment to the
approved details under Section 64 of the Town and Country Planning (Scotland) Act
1997 (as amended). 
The developer and subsequent operator(s) shall at all times construct and operate the
development hereby permitted in accordance with the provisions of the Environmental
Impact Assessment Report accompanying the application with mitigation measures
adhered to in full, and shall omit no part of the operations provided for by the
permission except with the prior written approval of the Planning Authority. 
Plan Title.  Plan Ref. No.  Version  Date Received 
Development
Location   
A1  5/9/23
Site Plan as
Proposed 
A1 5/9/23 
Barge Mooring
Drawing     
5/9/23
Feed Barge
Elevations and Floor
Plans 
- 5/9/23
Pen elevations and
specifications  
5/9/23
Pen netting and top
netting 
- 17/10/23
Admiralty Chart
Extract 
A1 5/9/23
Schematic Diagram  A1 5/9/23
Pen Netting
Specification
01-1456  5/9/23
Grid Mooring Drawing   5/9/23  
Reason: For the purpose of clarity, to ensure that the development is constructed and
operated in the manner advanced in the Environmental Impact Assessment Report,
upon which the environmental effects of the development have been assessed and
determined to be acceptable. 
2. Acoustic Deterrent Devices 
No Acoustic Deterrent Devices (ADDs) shall be deployed at the site hereby
approved. 
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Reason:  In the interests of nature conservation.  This planning application has been
assessed on the basis that ADDs will not be used. The use of ADDs would be
regarded as a material change to the proposal. 
3. Vessel Management Plan 
The proposal shall be carried out strictly in adherence to the Vessel Management
protocols as set out in the applicant’s Vessel Management Plan (including cetacean
protocol) (Revision A1, dated December 2022 – 5. Management) or as updated and
agreed in writing with the Planning Authority in consultation with NatureScot. 
Reason: In the interests of nature conservation.  
4. Sea Lice Management 
The development shall be carried out strictly in accordance with the Gigha
Environmental Management Plan dated September 2023 version A5 and the
confidential Annex 2 dated September 2023 version A2 or as updated and agreed in
writing with the Planning Authority in consultation with NatureScot and SEPA. 
Reason:  In the interests of the protection of wild salmonids. 
5. Pole Mounted Top Net Specification 
The pole mounted top net system hereby approved shall be as noted below unless
otherwise agreed in writing with the planning authority in consultation with
NatureScot: 
Height (m)
Perimeter Pole Support Maximum height of 5m above the water surface 
Mesh Size (mm)
Sidewall netting  75
Ceiling net panel and remaining
sidewall netting
100
Colour Dark grey to black 
This shall be subject to review, underpinned by systematic monitoring.  The Planning
Authority shall be immediately notified in the event of emergence of patterns of
entanglement or entrapment of marine birds. 
Reason:  To minimise the risk to all bird species and to ensure that there are no
significant effects on the qualifying interests of the relevant Special Protection Areas. 
6. Wildlife Recording and Reporting 
The proposal shall be undertaken strictly in accordance with the following criteria: 
(a) Operators shall monitor wildlife entanglement / entrapment in both cage
and top nets.  Top nets shall be monitored daily.  Cage nets shall be
monitored for entangled birds at least weekly, and preferable more
frequently, using camera systems capable of inspecting the entire net
surface and / or professional divers. 
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(b) The operator shall maintain full records of wildlife entanglement /
entrapment monitoring methods and results for both cage and top nets
using the standardised NatureScot proforma
(https://www.nature.scot/doc/interim-technical-briefing-note-pole-
mounted-top-nets-and-birds-finfish-farms) and to submit regular (typically
six-monthly) returns of these records to the Planning Authority (PA),
copied to NatureScot; 
(c) In the event of any significant entrapment or entanglement in any cage or
other nets of great northern divers, gannets, gulls (any species), shags,
cormorants or any other single bird species the site operator shall
immediately notify both the Planning Authority and NatureScot. 
Significant should be interpreted as: involving three or more birds on any
one day and / or a total of five or more birds in the space of any seven
day period and / or repeat incidents involving one or more birds on four or
more consecutive days. 
(d) Should and event or events be notified in accordance with the above, the
Planning Authority shall agree any mitigation measures required with the
applicant in consultation with NatureScot.  Thereafter, the agreed
measures shall be implemented within timescale to be agreed with the
Planning Authority.  The identified mitigation shall be retained throughout
the life of the fish farm unless otherwise agreed in writing with the
Planning Authority. 
Reason:  In order to ensure that there are no significant effects on the qualifying
interests of the relevant Special Protection Areas.   
7. Predator Control Plan 
The development shall be carried out in accordance with West Gigha, Isle of Gigha
Predator Control Plan dated December 2022 or as updated and agreed in writing
with the Planning Authority. 
Reason:  In the interests of nature conservation. 
8. Recapture of Escaped Fish - Drift Nets, Vertical Static Nets and Gill Nets 
There shall be no use of drift nets, vertical static nets, or gill nets to recapture
escaped fish under any circumstances.  In the event of any proposals for recapture
NatureScot must be consulted immediately. 
Reason:  In the interests of the conservation of the qualifying species of the Sound
of Gigha Special Protection Area. 
9. Biodiversity Enhancement 
Development shall not commence until biodiversity enhancement proposals have
been submitted to and approved in writing by the Planning Authority.  These shall
include details of biodiversity enhancement proposals and shall include a timetable
for their implementation.  Thereafter these shall be carried out in accordance with
these details unless otherwise agreed in writing with the planning authority. 
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Reason: In order to protect biodiversity, reverse biodiversity loss, deliver positive
biodiversity effects and strengthen nature networks in accordance with the
requirements of NPF 4 Policy 3. 
10. Removal of Equipment 
In the event that the development or any associated equipment approved by this
permission ceases to be in operational use for a period exceeding three years, the
equipment shall be wholly removed from the site thereafter, unless otherwise agreed
in writing by the Planning Authority. 
Reason: In the interest of visual amenity and to ensure that redundant development
does not sterilise capacity for future development within the same water body. 
11. Finished Surfaces 
The finished surfaces of all equipment above the water surface, excluding the feed
barge, but inclusive of the surface floats and buoys associated with the development
hereby permitted (excluding those required to comply with navigational
requirements) shall be non-reflective and finished in a dark recessive colour in
accordance with the details provided in the EIAR unless otherwise agreed in
advance in writing by the planning authority.   
Reason: In the interest of visual amenity. 
12. Lighting 
All lighting above the water surface and not required for safe navigation purposes
should be directed downwards by shielding and be extinguished when not required
for the purpose for which it is installed on the site. 
Reason: In the interest of visual amenity. 
13. Noise 
The Noise Rating Level attributable to the operational activities associated with the
approved fish farm shall not exceed background noise levels by more than 3dB(A) at
any noise sensitive property measured and assessed in accordance with
BS4142:2014.   
Reason: In order to protect the amenities of the area from noise nuisance. 
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ADDITIONAL NOTES TO APPLICANT 
• Please see the consultation response dated 31 October 2023 from the Northern
Lighthouse Board (NLB) for the lighting and marking requirements for this site. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/01758/MFF 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. This application is for the installation of a new marine fish farm in the Sound of Jura
approximately 450 m to the west of the Isle of Gigha.  As noted above the site would
comprise 8 x 160m circumference pens in a 2 x 4 formation along with a 600 tonne feed
barge which would be located at the centre of the group on the shore side.  The feed
barge, which would have the appearance of a marine vessel, would have a hull length
of 33 m and a hull width of 13.5m.  The hull would be finished in a grey colour with the
wheelhouse finished in white. The site would be serviced from the company’s existing
shore base located on the north east side of the Isle of Gigha. 
2. Planning Policy 
2.1. The Development Plan for the determination of this planning application comprises
National Planning Framework 4 (NPF4), adopted February 2023, and the Argyll and
Bute Local Development Plan 2, adopted February 2024.   
2.2. NPF4 is based around six overarching spatial principles which the proposed
development should align with.  These are:
• Just transition;
• Conserving and recycling assets; 
• Local living;
• Compact urban growth;
• Rebalanced development;
• Rural revitalisation. 
2.3. Not all of these principles will be relevant to every development and in relation to the
current proposal it is considered that just transition, rural revitalisation, local living and
rebalanced development would apply.  In terms of rural revitalisation, NPF4 supports
development that helps retain and increase the population of rural areas in Scotland. 
2.4. The main policy which relates to aquaculture in NPF4 is Policy 32, however, other
policies within this plan are also relevant and need to be considered in the
determination of this proposal. 
2.5. With regard to the newly adopted LDP2, policy 28 is the main aquaculture policy,
however, there are also other relevant policies which are listed above against which
the proposal requires to be assessed. 
2.6. The proposal benefits from general support from the Scottish Government’s National
Marine Plan and from NPF4 which together recognise the contribution of the
aquaculture sector to the rural economy and which seek to support sustainable
economic development. The National Marine Plan and NPF4 both support marine fish
farming where it can take place in environmentally sustainable locations, where it does
not exceed the carrying capacity of the water body within which it is to be located, and
where it does not give rise to significant adverse effects upon nature conservation, wild
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fish, historic environment or other commercial or recreational water users. 
2.7. Whilst not part of the Development Plan, the Council as a public body is required to take
authorisation decisions in accordance with the National Marine Plan (NMP) as the
proposal extends into the marine environment, unless relevant considerations indicate
otherwise.  The proposal should be consistent with general policies of the NMP
including: 
GEN 1 – General planning principle;
GEN2 – Economic benefit;
GEN 3 – Social benefit;
GEN 4 – Co-existence – requires consideration that may occur and the likely effect
of interaction between inshore commercial fisheries (loss of fishing ground) and
marine and coastal recreational activities.
GEN 5 Climate change;
GEN7 – Landscape/seascape;
GEN 9 – Natural Heritage
GEN 10 – Invasive non-native species;
GEN 11 – Marine Litter;
GEN 12 – Water Quality and Resource;
GEN 13 – Noise. 
2.8. NPF4 Policy 32 refers the National and Regional Marine Plan and notes that proposals
will be supported where they comply with the relevant plans.  The criteria noted within
the NMP policies above are also covered within the Development Plan policies. 
2.9.  Beyond development plan considerations, in determining the application regard has to
be had to the Council’s’ Economic Development Action Plan which identifies aquaculture
as an important contributor to the local economy, and to national government economic
and sectoral policy, the stated intention of which is to seek to expand the finfish sector
substantially to meet internal and export demands and to help sustain direct and indirect
employment in rural areas.  In addition, one of the proposals contained within the Rural
Growth Deal for Argyll and Bute relates to a vision for Argyll and Bute to be the leading
region for innovation in marine aquaculture in Scotland, UK and globally, by
underpinning sustainable, inclusive business growth through investment in world class
marine science and technology.  This includes a commitment to a Marine Industry Needs
Assessment. This study will provide the evidence base for industry needs to inform
future investment outcomes and the potential options available to deliver these
outcomes. This will assist in identifying the key priorities for Rural Growth Deal
investment and where this should be targeted to support sustainable growth of this
sector and set out in the business case for consideration and approval by SG. 
3. Assessment against Policy Criteria 
3.1. NPF Policy 32 relates specifically to aquaculture.  It aims to encourage, promote and
facilitate aquaculture development whilst minimising adverse effects on the
environment.  The policy outcomes sought from this policy are: 
• new aquaculture development is in locations that reflect industry needs and
considers environmental impacts;
• producers will contribute to communities and local economies;
• prosperous finfish, shellfish and seaweed sectors;
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• migratory fish species are safeguarded. 
3.2. In terms of the spatial strategy Policy 32 does not support development in the north
and east coast of mainland Scotland.  This is in order to safeguard migratory fish
species. 
3.3. Point (C) of Policy 32 requires consideration of the operational impacts of fish farms
and specifically cites a number of criteria which require to be considered.  These
criteria are also reflected in the Council’s LDP2 which was adopted in February 2024. 
3.4. The proposal requires to be assessed against all of the relevant policies contained
within the development plan and not just the aquaculture specific ones.  There are
some parallels between the requirements of the aquaculture policies and other policies
within the development plan and these will be highlighted in the assessment of this
application.  The application will be assessed against the criteria from LDP2 policy 28
below with other relevant policies from NPF4 and LDP2 referred to where they would
apply. 
4. Landscape / coastal character, seascape or visual amenity (including Isolated
Coast, Wild Land and National Scenic Areas) 
4.1. A Seascape, Landscape and Visual Impact Assessment (SLVIA) has been included
within the EIAR.  The proposal would introduce a new fish farm in a new location and
the implementation of this development may have landscape and visual effects.  The
SLVIA explains that the level of effect, and whether this is significant, is determined
through consideration of the ‘sensitivity’ and ‘susceptibility’ of: 
• The seascape, landscape element, assemblage of elements, key characteristics
or character type or area under consideration bearing in mind quality and value;
or
• The visual receptor; and
• The ‘magnitude of change’ posed by the development. 
Effects predicted to be of major or moderate significance are considered to be
‘significant’ in the context of the EIA Regulations. 
4.2. The landscape / seascape character assessment within the SLVIA has been informed
by NatureScot commissioned report no.103 – An assessment of the sensitivity and
capacity of the Scottish Seascape in relation to windfarms (2005). The SLVIA
describes the landscape and seascape of the proposed development as including: 
Scale & Openness – the landscape and seascape of the Proposed Development, and
immediate coastal area around Upper Loch and Ardailly, is characterised as a large
scale seascape with a medium scale landscape. On clear days views of Islay and Jura
are available from the western coastline of the Isle of Gigha, forming the horizon
approximately 15 km to the west; 
Settlement – there is sparse settlement with traditional crofting houses found in more
sheltered bays and inlets and farming properties at scattered locations across the
island; 
Pattern & foci - There is a combination of complex and intricate patterns of indented
coastline fragmenting into small rocky islands and skerries, small sheltered bays
around the coastline of the Isle of Gigha within the larger scale Sound of Gigha to the
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east and Sound of Jura to the west. Foci tend to be settlements where they appear
and strong landscape features such as distinctive rock formations, small rocky islands
and headlands around the coastline. For example the contrast of Cnoc Loisgte
adjacent to the Proposed Development, a steep rock formation which stretches into
the sea with no accessible coastline south of the small rocky island of Port an Dùin
and the rocky skerries around Ardailly Mill north of the Proposed Development.
Elsewhere on the Isle of Gigha there are sandy beaches located at inlets / bays; 
Lighting – there may be limited lighting from ferries and wind farms on and around the
Isle of Gigha and Kintyre, but this is generally a dark coastal area; 
Movement – there is limited movement between isolated properties, local roads, small
boat movement (recreational boats and commercial marine vessels) and ferries to
Islay and Jura. But this movement is intermittent and there are areas on the Isle of
Gigha which are remote and no movement is discernible except that of wind and
waves; 
Modification/Remoteness/Sense of Naturalness - traditional small settlements with
natural elements and landscape and seascape experience are dominating features.
There are existing two fin fish farms and two shellfish farms present along the
coastline of the Isle of Gigha, within the sheltered bays of the east coast of the island.
The wind turbines on Kintyre and smaller wind turbines on the Isle of Gigha are
evident, communications mast and commercial forestry on Kintyre are visible
manmade features in the landscape; and 
Degree of exposure – the landscape / seascape is exposed along an open coastline
with views across the Sound of Jura, with a rocky foreshore and small cliffs, with
indented coastlines providing sheltered areas along the coastline. 
4.3. Following the submission of this planning application, it came to light that the Western
Link footpath was incorrectly plotted.  In response to this further supplementary
environmental information was provided by the application and duly advertised in
accordance with the EIA Regulations.  This update established that : 
• Section 2 of the Western Link is approximately 4.5km long and it at times located
closer to the coastline that indicated on mapped sources;
• View of the fish farm would occur for a shorter length of the footpath than
previously described, 0.98km as opposed to 1.2km;
• The nature of views of the proposed development in combination with features
such as the hill forms of Islay and Jura and the wider seascape vary depending
on which stretch of the footpath the viewer is on as exhibited by Viewpoints 3
and 6;
• The magnitude of change and level of effect as reported in the SLVIA for users
of the Western Link would be largely unchanged. 
4.4. In terms of landscape and seascape effects, the SLVIA concludes that in line with
NatureScot’s guidance on aquaculture, the proposal would be well sited within the
seascape and set against a backdrop of islets and rocky coastline within an open
seascape which should help to ‘absorb’ the man-made structures into the seascape.  It
is further noted that the proposed development site possesses many of the
opportunities that NatureScot identifies in relation to landscape character.  The SLVIA
contends that the following opportunities identified by NatureScot apply to this site: 
• These stretches of coastline tend to be heavily dominated by the open sea and a
sense of vast distance, providing an expansive setting for structures;
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• In these landscapes, larger structures can be more easily accommodated where
they can be set against a backdrop of the sea or where a long stretch of the
coastline is relatively straight;
• The dominant trend of these landscapes is ‘horizontal’, made up of the horizon,
low profiles of adjacent hills, promontories or distant islands which can make it
easier to accommodate long, low profiled structures;
• The expanse of sea may potentially absorb even very large structures.  By
locating large structures where there are few – if any – other reference points
(except for perhaps the occasional passing ship) the structures will appear small
within the larger seascape, when viewed from the land; and
• Try to avoid unnecessary clutter and irregular pen sizes or patterns.  An ordered
pattern of pens and simple feed barge structures will more appropriately reflect
the simplicity of the open sea. 
In terms of the landscape and seascape, the SLVIA notes that although long term in
nature, the proposed development would be reversible.  Taking account of the above
the SLVIA concludes that within the context of the characteristics of the local coastline
of a medium to large scale, the receiving landscape and seascape have the capacity to
accommodate the proposed development. 
4.5. In terms of visual effects, 9 viewpoints were selected to aid the assessment of this
issue.  The viewpoints and the reason for their selection are noted in the table below: 
View
point
number
Viewpoint Name Reason for selection Distance to the
Proposed
Development
1 Twin Beaches Viewpoint to illustrate the
landscape / seascape context and
views from a beach area on the
Isle of Gigha.  The viewpoint is
representative of views available
for visitors to the beach, northeast
of the Proposed Development 
4.41km
2 Ardailly (residential
property)
Viewpoint to illustrate the
landscape / seascape context and
views from the front of a
residential property.  The
viewpoint is representative of
views from the path / small
garden area / front elevation of
the property, northeast of the
proposed development.
1.36km
3 Western Link
(Route 13) Public
Footpath –
Southeast of the
Proposed
Development
Viewpoint to illustrate the
landscape / seascape context and
views from locally promoted
footpath / trail as part of a network
of paths on the Isle of Gigha,
southeast of the Proposed
Development.  The viewpoint is
representative of views for
recreational users of the path.
0.65km
4 Local road and
Core Path C096(a)
(North)
Viewpoint to illustrate the
landscape / seascape context and
views from Core Path C096(a) –
3.23km
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Gigha Jetty – Creag Bhan – Port
Mor on the local road northeast of
the Proposed Development.  The
viewpoint is representative  of
views for local road user and
recreational users of the core
path.
5 Cnoc Nan Goghar Viewpoint to illustrate the
landscape / seascape context and
views from a high point on the
island.  This is not a core path /
promoted viewpoint, but selected
to illustrate the landscape and
seascape context where there is
potential visibility of the Proposed
Development.
This is a cumulative viewpoint
which offers views to the east with
the existing fish farm
development.
4.66km
6 Western Link
(Route 13) Public
Footpath – East of
the Proposed
Development
Viewpoint to illustrate the
landscape / seascape context and
views from locally promoted
footpath / trail as part of a network
of paths on the Isle of Gigha, east
of the Proposed Development. 
The viewpoint is representative of
views for recreational users of the
path.
0.7km
7 Viewpoint from
Coastline north of
the Proposed
Development (Dun
An Trinnse)
Viewpoint to illustrate the
landscape / seascape context and
views from the coastline.  The
viewpoint is representative of
views available from the
coastline.
1.39km
8 Creag Bhan (Core
Path C539 – Creag
Bhan viewpoint,
Gigha)
Viewpoint to illustrate the
landscape / seascape context and
views from a high point on the
island included within the core
path route.
This is a cumulative viewpoint
which offers views to the east with
the existing fish farm
development.
1.8km
9 On Water – West
of Gigha
Viewpoint to illustrate the
seascape context of the Proposed
Development from a water based
viewpoint, west of the Proposed
Development.
0.84km 
4.6. In terms of visual effects, the SLVIA summarises these are follows:
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• The siting of the proposed development is within an area which is characterised
by activity, with maritime traffic, the Islay ferry route, recreational craft and
commercial craft related to aquaculture development around the Isle of Gigha.
• Localised screening offered by islets and skerries, and the ‘ridge’ terrain of the
Isle of Gigha, help to assimilate the Proposed Development within the seascape
along the coastline and screen the views of the Proposed Development from a
significant proportion of the island.
• The scale of the seascape, of the Sound of Jura, provides a panoramic setting
for the Proposed Development, which would occupy a small proportion of the
view when viewed from the coastal footpath.
• The wide variety of visual experience within the landscape and seascape of the
Isle of Gigha would be subject to a negligible degree of change overall, as
perceived by visual receptors.
• There would be no visual effects on views from residential properties on the
island; and
• Significant visual effects would be concentrated within a 1.39km radius, and
limited to the views from the footpath network, immediate area of coastline next
to the proposed development, and views from commercial and recreational
boats / craft within the Sound of Jura. 
4.7. With regard to visual impact the main area of concern relates to views from the locally
promoted Western footpath.  This footpath runs from an area to the west of the Village
Hall and crosses pasture and moorland until it reaches the west coast and travels
north / south along an elevated section of the west coast and then heads east to meet
the classified road on the island at Tarbert Farm.  People using these footpaths will be
sensitive receptors who will have an increased sensitivity to the landscape and views
out to sea.  The web site information page for this route notes that “the route
encompasses the ruins of townships from ages gone by, fabulous views to the
neighbouring western islands and will provide the sense of being off grid”.  The route is
generally away from built development especially on the west coast and does have an
isolated feel culminating in elevated, expansive and open sea views on reaching the
westernmost point of the route. 
4.8. NPF4 4 Policy 32 states that proposals for fish farm development will only be
supported where the landscape and visual impact of the proposal has been assessed
and mitigated. 
4.9. The SNH document (now NatureScot) “The siting and design of aquaculture in the
landscape: visual and landscape considerations.”  Within this document it is noted that
“from high-level viewpoints the contrast in texture between the fish farm structures and
the smooth, reflective surface of the water is more obvious.  The geometric shapes of
lines and cages are also clearly visible.”  This will be a case in place from the Western
footpath where it runs parallel to west coast.  This document further notes that “high-
level views which are revealed as dramatic panoramas after travelling up a road or
footpath to a high-pass, ridge, summit or crest of a hill will always be important views.” 
4.10. There are two viewpoints within the SLVIA taken from the western footpath; VP3
which is south east of the proposed development at a distance of 0.65km and VP6
which is 0.7km to the east of the development. 
4.11. In terms of cumulative effects, the SLVIA concludes that there is limited intervisibility
between the Proposed Development, Druimyeon Bay and East Tarbert Bay fish farms
due to topographical screening.  It is further noted that there is very limited opportunity
for further sequential, static cumulative views of operational fish farms with the
exception of four locations, namely, Creag Bhan (VP8), Cnoc Na Gobhar (VP5), Core
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Path C093 (VP4) and Western Link 1 Footpath.  It is concluded that the predicted
cumulative visual effects on views from the core path network from Creag Bhan hilltop
location would be minor – moderate, adverse and non-significant at most and
negligible from the road network where there are very limited available views. 
4.12. Having visited the site, officers are of the view that there would be a negative visual
impact to the proposed fish farm when viewed from a section of the Western Link
Footpath.  It is particularly the section which runs from Ardailly to Ardlamey, a section
of footpath which extends to a distance 4.80km.  The SLVIA has determined that
visual impacts would be of a large magnitude over a section of footpath extending to
1.20km where the path is within 650m of the site.  There are, however no designated
landscapes in this area which would support the refusal of this application on these
grounds.  Taking account of the above, on balance, it is not considered that this would
constitute a sustainable reason for the refusal of this application due to the short
stretch of footpath involved, the low number of walkers that will use it and the lack of
landscape designations. 
4.13. The proposal would therefore be in accordance with aquaculture policies 32 d (i)
(NPF4), Policy 28 – Supporting Sustainable Aquatic and Coastal Development, LDP2
Policy 4 – Sustainable Development and LDP2 Policy 8 – Sustainable Siting. 
5. The natural, built and / or historic or archaeological sites and their settings 
5.1. In terms of Marine Cultural Heritage, the EIAR confirms that there are no features of
importance within the proposed location.   
5.2. With regard to Scheduled Monuments, the EIAR notes that there are none immediately
adjacent to the site, however, the Dun An Trinnse Scheduled Monument, has been
identified within the wider area.  Following consultation with Historic Environment
Scotland, this was scoped out at the EIA scoping stage.  In their consultation response
to this application, HES have confirmed that a fish farm in this location would not
generate setting impacts on the nearby monument at Dun An Trinnse (SM3230).  They
were also content that the risk of impacts on known marine assets would be minimal. 
In addition to policy 28 of LDP2 this would also accord with LDP2 policies 15 and 19. 
This element of the proposal would also accord with NPF 4 policies 7 and 32. 
6. Designated sites, habitats and species for nature conservation (including Priority
Marine Features, wild migratory salmonids and European Protected Species) 
6.1. Policy 4 of NPF4 Natural Places seeks to ensure that Natural Places are protected and
restored.  This policy specifically refers to European sites.  LDP2 polices 73 and 74 are
relevant to this proposal. Policy 73 relates to development impact on habitats, species
and biodiversity while policy 74 relates specifically to sites of international importance. 
The aquaculture specific policies within NPF4 (policy 32) and LDP2 (Policy 28) also
require consideration of these issues. 
6.2. The proposal is located within the Sound of Gigha Special Protection Area (SPA) which
has qualifying interests of great norther diver, red-breasted merganser, eider and
Slavonian grebe.  As the proposal could affect this internationally important natural
heritage interest NatureScot objected to the proposal unless it is carried out strictly in
accordance with conditions specifying mitigation.  As there is potential for likely
significant effects on the SPA, Argyll and Bute Council as competent authority is required
to undertake a Habitats Regulation Appraisal in the form of an Appropriate Assessment
before planning permission can be granted. In terms of this SPA, NatureScot has
identified a number of potential impact pathways.  These are as follows:
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• Disturbance form vessels along the proposed Vessel Transit Route;
• Entanglement in sub-surface netting;
• Disturbance from vessels visiting the fish farm site;
• Direct displacement from the farm footprint; and 
• Impact from loss of prey-supporting habitat as a consequence of the farm
(particularly for great norther diver). 
These issues are considered in detail in the Appropriate Assessment which is attached
as an Appendix to this report. 
6.3. The proposal also has the potential for a likely significant effect on the Ailsa Craig
SPA.  This SPA has a qualifying interest of northern gannet (Morus bassanus), lesser
black-backed gull (Larus fuscus), and national seabird assemblage including guillemot
(Uria aalge), herring gull (Larus argentatus) and kittiwake (Rissa tridactyla).  The
application site is located approximately 60km from the SPA and is within the mean
foraging range of gannet, guillemot and kittiwake.  It is therefore considered by
NatureScot that the application site would have connectivity to this site.  Likely
significant effects are concluded for gannets due to entanglement risk from potential
plunge diving behaviour into fish farm cages with pole mounted top net systems.  As
there is potential for likely significant effects on the SPA, Argyll and Bute Council as
competent authority is required to undertake a Habitats Regulation Appraisal in the
form of an Appropriate Assessment before planning permission can be granted. 
6.4. Due to the vast range of these birds many fish farm planning applications are required
to undertake an Appropriate Assessment relating to this issue.  To assist competent
authorities with this NatureScot has produced model Appropriate Assessment.  This
has used to inform the  Argyll and Bute Council Appropriate Assessment which is
contained within an Appendix of this report.  The conclusion of this Appropriate
Assessment is that the risk of Adverse Effects on Site Integrity can be avoided by the
application of planning conditions. 
6.5. The site is also located approximately 5km from the southern boundary of the Inner
Hebrides and the Minches SAC, designated for harbour porpoise (Phocoena
phocoena).  The proposed vessel transit route crosses the southern crosses the
southern boundary of the SAC with the potential to regularly interact with cetaceans
including harbour porpoise.  There is also the potential for direct interactions between
harbour porpoise and fish farm infrastructure e.g. entanglement in sub-surface netting. 
6.6. NatureScot have advised that the applicant’s Vessel Management Plan (VMP) follows
best practice principles to minimise disturbance including appropriate minimum
approach distances and speed limits.  These measures are considered to minimise
risk of vessel collisions with cetaceans and reduce levels of direct engine / propeller
noise exposure.   It is further advised that the proposed routes lie within more open
waters where cetaceans are less likely to be restricted in their movements, trapped or
forced to come into contact with vessels.  With regard to vessel traffic, there is a
baseline level of 5 to 20 vessels a week resulting in a significant increase in vessel
activity.  However, NatureScot advise that the short transit time (20 and 50 minutes for
the RIB and workboat respectively) will limit the temporal extent of marine vessel
activity.  As a result, it is not anticipated that vessel activity will contribute significantly
to cumulative disturbance. 
6.7. With regard to the risk of cetacean entanglement, high rigidity netting will be used at
the pens and no anti-predator nets will be used at the site as standard.  NatureScot
have advised that this will limit the risk of entanglement and as such population-level
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effects are considered unlikely.  In accordance with the Predator Control Plan,
observations of wildlife and interactions with the fish farm, including entanglement
events, will be recorded and reported to Council and NatureScot every 6 months. 
6.8. Acoustic Deterrent Devices (ADDs) have the potential to disturb cetaceans, however,
the applicant has committed to not using ADDs and this application has been
assessed on this basis.  A condition is proposed preventing the use of ADDs. 
6.9. Taking account of the above analysis, NatureScot advise that if the proposal is carried
out strictly in adherence to the Vessel Management protocols as set out in the
applicant’s VMP (including cetacean protocol), their conclusion is that it will no longer
be likely to have a significant effect and an Appropriate Assessment will no longer be
required. 
6.10. NatureScot has advised that the proposal could affect a nationally important
population of a protected species, details of which have been submitted in a
confidential annex.  It is advised that NatureScot would object to the proposal unless it
is made subject to conditions so that the works are done strictly in accordance with the
mitigation detailed in confidential Annex B.  A condition is proposed to require the
development to be carried out in accordance with this document. 
6.11. NPF4, Policy 3 – Biodiversity requires developments to contribute positively to
biodiversity enhancement.  It is considered that the proposal would accord with this
policy due to the proposed mitigation for sea lice and the commitment to undertake
wild fish monitoring and adaptive management if required.  In addition, the applicant is
committed to undertaking further biodiversity enhancements and a pre start condition
is proposed requiring these details and a timetable for their implementation. 
6.12. Taking account of the above, it is considered that the proposal would also accord
with LDP2 Policy 73 – Development impact on Habitats, Species and Biodiversity,
LDP2 Policy 74 – Development Impact on sites of international importance and LDP2
Policy 4 – Sustainable Development. 
7. Ecological status of coastal and transitional water bodies and biological carrying
capacity (water quality & seabed impacts) 
7.1. SEPA has advised that they have no objections to this proposal and have confirmed
that they received an application under the Controlled Activities Regulations (CAR) in
April 2023.  They were satisfied that the proposed biomass was reasonable within the
scope of the new regulatory framework and a permit was issued in August 2023. 
Subject to compliance with SEPA’s requirements it is considered that the proposal
would comply with Policy 59 – Water Quality and the Environment. 
8. Commercial and recreational activity (including other coastal/marine users
(MOD)), and navigational interests (including anchorages) 
8.1. With regard to commercial activity, the EIAR identifies potential impacts on non-
recreational maritime users as result of the development as: 
• direct impact on navigational access and safety;
• direct impact on commercial fishing activity resulting in displacement from
fishing grounds and associated economic loss;
• indirect impacts on commercial fishery stocks. 
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8.2. Commercial maritime activities and navigation have been determined within the EIAR
as being of medium sensitivity as the receptor has a moderate capacity to tolerate
change without significantly altering its present character.  Commercial passenger
routes operate outwith the proposed development location.  Fish farm secondary
service vehicles are likely to cross the routes taken by the Port Askaig and Port Ellen
ferries meaning there is potential for interaction, however, this would be highly
transient in nature an unlikely to interact directly with passenger ferries moving through
the area.  In addition, secondary vessel activity would be of negligible frequency. 
Therefore, the overall magnitude is determined to be negligible.  In light of the
assessed medium sensitivity of the receptor and the negligible magnitude of the
impact, the EIAR concludes that the effect of the impact on commercial maritime
activities and navigation is determined to be of negligible significance and therefore not
significant in relation to the EIA Regulations. 
8.3. With regard to direct impact on commercial fishing activity, the EIAR notes that the
installation of the proposed development would result in the reduction of the available
fishing ground which would be limited to the footprint of the proposed fish farm
including the mooring area. The total area over which the exclusion of fishing effort
may occur is 0.74 km².  This area relates to the development area rather than the
smaller moorings area (0.54km²) which will be implemented through the Marine
Licence for the development.  This reduction in area of fishing ground available to the
commercial fishing industry is likely to result in some degree of economic loss. 
8.4. The fishery species fished within the wider area are identified within the EIAR as being
brown crab, European lobster, King scallop and Nephrops.  In relation to the fishing
port of Gigha, between 2018 and 2022 these were dominated by edible crab and
European lobster caught via pots and traps.  The proposed development falls within
the International Council for the Exploration of the Seas (ICES) 40E4.  The fisheries
statistics for 40E4 provide a more focused baseline for commercial activity in the area
of the development.  Data for the 40E4 area indicates that landings between the period 
2018 to 2022 were dominated by Nephrops, with a mean value of £2,652,578.46 and a
mean weight of 308.38T. 
8.5. The EIAR and associated Commercial Fisheries Assessment for 12m and under
fisheries concludes that the worst case scenario of displacement resulted in impacts of
negligible overall magnitude in relation to the 12m and under potting and trapping
fishery and therefore it has been determined that the effect of displacement is non-
significant in relation to fishery and therefore the effect of displacement is non-
significant in relation to the EIA Regulations.  It is therefore concluded that the
proposed development, either in isolation of cumulatively, is unlikely to result in
impacts of sufficient magnitude to result in significant effects on the commercial 12m
and under potting and trapping fishing industry operating within 40E4. 
8.6. The development may also have the potential to have indirect impacts on commercial
fishery stocks.  The EIAR notes that the release of medicinal treatment chemicals has
the potential to negatively impact commercial fishery stocks within the immediate area,
namely crab, lobster and Nephrops stocks.  Commercial fisheries have been
determined within the EIAR as being of high sensitivity as the receptor has a low
capacity to tolerate change without significantly altering its present character.  The
EIAR considers the impacts of bath treatments namely SLICE, azemethiphos,
deltamethrin and hydrogen peroxide and determines that the impact would be of a
negligible impact.  Therefore the effect is determined to be of minor significance and
not significant in terms of the EIA Regulations. 
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8.7. The EIAR also considered cumulative impacts in relation to commercial fishing and
navigation.  The proposed development is located off the west coast of Gigha and will
therefore be significantly isolated from the existing fish farms on the other side of the
island from a navigational point of view. All three fish farms are located outwith the
transit routes for passenger ferries and commercial cargo vessels that have been
identified through AIS data analysis. As a result, the magnitude of the cumulative
impact is determined to be negligible. 
8.8. With regard to cumulative impact on fishing activity, the EIAR confirms that the
proposed development and the existing two fish farms are all outwith unique high
fishing intensity areas for the four commercially important species, identified through
consultation with CFA and WCRIFG.  The three fish farms cover a total area of 1.55
km² (cumulative mooring area). Due to the relatively small area covered by the
mooring areas of the three fish farms and the fact that fishing intensity is not uniquely
high within the immediate area of the three fish farms the spatial extent of cumulative
impacts is negligible.  The Proposed Development has been determined to be of
limited commercial importance to the local commercial fishing fleet, as such it is
unlikely that the Proposed Development will contribute to cumulative impacts of
displacement from fishing grounds. As a result, the magnitude of the cumulative
impact is determined to be negligible. 
8.9. In light of the assessed high sensitivity of the receptor and negligible magnitude of the
cumulative impact, the effect of the cumulative impact is determined to be of minor
significance and therefore not significant in relation to the EIA Regulations. 
8.10. With regard to indirect impacts on commercial fishery stocks discharge quantities of
sea lice medicines for the proposed development and the existing two fish farms are
enforced through the SEPA CAR licence.  Both of the existing fish farms (Druimyeon
Bay and East Tarbert Bay) already have current CAR licences, that outline the
permitted chemical quantities consented for discharge to ensure compliance with
SEPA’s requirements. The CAR licence for the Proposed Development also outlines
permitted quantities, based on the marine modelling conducted by the applicant.  As a
result, the magnitude of the cumulative impact is determined to be negligible. In light of
the assessed high sensitivity of the receptor and negligible magnitude of the
cumulative impact, the effect of the cumulative impact is determined to be of minor
significance and therefore not significant in relation to the EIA Regulations. 
8.11. With regard to anchorages, the EIAR has undertaken a review of designated
anchorages and areas where harbour authorities may request a vessel to anchor. 
This has identified two specific anchorage locations on the east coast of Gigha.  Both
of these lie sufficiently outwith the influence of the proposed fish farm.  Following
consultation with the Royal Yachting Association (RYA) the EIAR identified two further
anchorages on the west coast of Gigha; one to the north west within West Tarbert Bay
and one to the southwest within Cuddyport Bay.   The RYA advised that both of these
anchorages are used to a lesser extent that those on the east coast and through
consultation it was determined that the development would be sufficiently outwith the
two anchorages to ensure no interaction with anchored vessels. It was also concluded
that the location of the development would result in negligible interaction with vessels
transiting to either of the two west coast anchorages. The RYA concluded that the
Proposed Development would not result in significant effects on recreational marine
vessels within the local area. 
8.12. Following the submission of this application, and in response to objection from Clyde
Fishermen’s Association (CFA), the applicant has engaged in further dialogue with this
organisation.  A virtual meeting was held in February 2024 where the CFA and two of
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their member fishers highlighted that, if possible, they would like to see a reduction in
the spatial extent of the mooring area as they were of the opinion that this would allow
continued access to fishing grounds.  The applicant has advised that while it would not
be possible to change the red line boundary of the proposal, as this would require the
submission of a fresh planning application, Bakkafrost Scotland Ltd. are willing to
reduce the spatial extent of the mooring area that will be licenced through the Scottish
Government Marine Directorate.  Following the meeting, the CFA confirmed that their
Members were of the opinion that the proposal represented a viable compromise by
both parties.  The applicant has therefore agreed to reduce the mooring area by 27%
through the Marine Licence application.   
8.13. Taking account of the above, it is considered that proposal would accord with NPF4
policy 32 and LDP2 Policy 28 where they refer to impacts on other marine users. 
9. Amenity, arising from operational effects (waste, noise, light and odour) 
9.1. With regard to noise, the development is located along a section of coastline which is
relatively devoid of human habitation, with only a few properties to the north of the site
having been identified.  These are 1.33km, 1.47km and 1.59km when measured in a
straight line and would have no direct line of site with the development due to the rising
topography of the western coastline of Gigha.  Other potential receptors for noise
would be walkers on the western link footpath. The EIAR has determined that the
identified residential dwellings to be of high sensitivity as the receptor has a low ability
to absorb change without fundamentally altering its present character.  The walkers on
the western link footpath have been determined to be of medium sensitivity as the
receptor has a moderate capacity to absorb change without significantly altering its
present character. 
9.2. There is the potential for the proposed development have adverse amenity effects on
Noise Sensitive Receptors (NSRs) through the operational activities of the fish farm. 
The main sources of sound would be from the generators on the feed barge but there
would also be potential for sound to be generated from marine vessel activity. 
9.3. The EIAR identifies that there are a number of embedded mitigation measures which
have been incorporated into the design and operation of the proposed development. 
These include development location, generator positioning, sound insulation, feed
blower positioning, standard working house and an automatic timer system.  It should
be noted that although standard working hours are from 07:00 to 20:00 over 7 days,
some operations may be required outside standard working hours for reasons of fish
health and welfare.  Also, during certain periods of the year equipment integral to the
production cycle will be required to run overnight.  This primarily includes underwater
lighting and aeriation systems. 
9.4. The primary noise generating aspects of the development have been identified in the
EIAR and these include the feed barge generators, the feed selectors and blowers and
marine vessels associated with the development. 
9.5. Sound emitted from the generators and feed equipment will be sufficiently reduced by
the embedded design and operational mitigation.  Feeding operations will take place
during normal operating hours.  The EIAR therefore determines that sound emitted
from these operations will be of a high frequency and medium duration.  With regard to
vessels associated with the fish farm, the primary service vehicles will be transient in
nature, as the area of audibility will move as the vessel moves from the shore base to
the site.  These primary vessels will only make a single return journey per day, under
normal operating conditions, and, as such, the frequency of the potential impact will be
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negligible and of short duration. Moreover, there will a degree of marine vessel sound
associated with the baseline condition, with commercial and recreational vessels
known to use the waters around the Isle of Gigha. 
9.6. Taking account of the above, with regard to noise, the EIAR has determined that the
overall magnitude of the identified impact has been sufficiently reduced to negligible
levels, therefore the subsequent effects are not significant. 
9.7. The EIAR also considers the impact of lighting associated with the development. 
Sensitive receptors with regard to lighting have been identified as being residential
properties (medium sensitivity) particularly at Ardailly and Ardminish and the Gigha
Dark Sky Discovery Site at Port Mor (high sensitivity).  Dark Skies Gigha, a location at
the northern extreme of the island (Port Mor) has been classified as a Milky Way class
Dark Sky Discovery Site by the UK Dark Sky Discovery Partnership. The Dark Sky
Discovery Site is 5.65 km northeast of the Proposed Development with no direct line of
sight. 
9.8. Potential impacts were determined to be obtrusive light impacts as a result of the
operation of the proposed development. Obtrusive lighting includes; light spill, glare,
and sky glow.  Due to embedded mitigation measures which includes Northern
Lighthouse Board requirements (design), lighting installations (design), underwater
lighting (design), standard working hours (operational) and best practice operational
features (operational) the overall magnitude of potential obtrusive light generation and
propagation was determined to be negligible.  The EIAR notes that design mitigation
(such as best practice lighting installation) and operational mitigation (such as best
practice lighting procedures including extinguishing all external lighting outwith work
hours, ensuring only active task areas are illuminated, and ensuring that standard
working hours predominately fall within daylight and normal working hours) will ensure
impacts are sufficiently avoided and reduced.  Cumulative impacts were also
determined to be negligible, as the two existing farms to the northeast of the Isle of
Gigha currently implement the same embedded mitigation as is intended for the
proposed development. 
9.9. As a result, the EIAR determines that, in light of the medium and high sensitivity of the
identified receptors and the negligible overall magnitude of the impact, the effect of
obtrusive lighting from the operation of the proposed development is negligible
(residential properties) and minor (Gigha Dark Sky Discovery Site), respectively.
Therefore, the effect is determined to be not significant in relation to the EIA
Regulations. 
9.10. With regard to waste, the EIAR advises that a Waste Management Plan will be in
place for the site and this has been attached as an Appendix to the EIAR.  In addition,
it is advised that the development will be kept in a neat and tidy condition and any
rubbish found on the adjacent shoreline will be collected on a regular basis to minimise
the impacts of marine litter.  This is considered to be consistent with NPF4 Policy 12
and LDP2 Policy 63. 
9.11. Given the location of the proposed development sufficiently far away from sensitive
receptors, it is not considered that there would be any adverse effects from odour. 
9.12. It is considered that the impacts on amenity would be acceptable and would not
conflict with LDP2  Policy 14 – Bad Neighbour Development, NPF 4  Policy 32 or
LDP2 Policy 28. 
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10. Net economic impact, including local community socio-economic benefits such as
employment, associated business and supply chain opportunities 
10.1. In their supporting statement applicant advises that they are engaged in all stages of
the value chain, from freshwater and marine farming, to processing, sales and
marketing, ensuring total value chain integrity, full traceability and Scottish
provenance. Bakkafrost Scotland Ltd. rears Atlantic salmon at both freshwater and
marine sites across the west coast of Scotland and the Western Isles and produced
over 35,000 T (gutted weight) of Atlantic salmon in 2020. They employ more than 540
staff across remote and rural communities and engage with many suppliers and
contractors throughout the supply chain. Over 60 % of production is exported to 26
countries around the world, with a key focus on North America and the Far East.
Bakkafrost was the recent recipient of two Scotland Food & Drink Excellence Awards
with the Native Hebridean Smoked Scottish Salmon product, winning both the ‘Product
of the Year’ award and the ‘Artisan Product of the Year’ at the Scottish Food and Drink
Awards 2022. 
10.2. The applicant advises that aquaculture continues to contribute significantly to global
food production, with aquaculture currently accounting for 52 % of global seafood
consumption. Bakkafrost is focused on sustainable business development following
international demand for Scottish salmon, the UK’s largest food export. They advise
they are committed to Scottish provenance and take great pride in producing quality
Scottish salmon, whilst being committed to the environmental, cultural, economic
growth, and sustainability of rural Scotland. It is noted that the company is the first
salmon producer in Europe to be awarded 4-star Best Aquaculture Practice (BAP),
with certification covering feed production, freshwater, marine, harvesting and
processing operations. 
10.3. The EIAR contains a chapter on the socio-economic contribution of the proposal. 
This concludes that the proposed development has the potential to generate positive
social and economic impacts by means of direct economic impact, indirect economic
impact (supply chain) impact and induced economic impact. 
10.4. The assessment of potential socio-economic impacts was centred around the
determination of Gross Value Added of the proposed development with GVA being
defined as an economic productivity metric that measures the contribution of a
company to an economy, producer, sector or region.  GVA was then split into three
categories direct (specific to the proposed development), indirect (the aquaculture
supply chain and induced (the wider Scottish economy). 
10.5. With regard to direct GVA, it was estimated that the proposed development would
contribute £606,000.00 per year to the wider Scottish economy, with the direct
employment of a minimum of five full time staff.  The overall magnitude of the impact
was determined to be medium and the effect was determined to be of moderate
positive significance and therefore significant in relation to the EIA Regulations. 
10.6. The indirect GVA contribution to the Scottish economy was estimated to be
£327,917.02 per year through aquaculture supply chain.  Initial capital expenditure for
the development was estimated to be £8,070,400.00.  The overall magnitude of impact
was determined to be medium.  As a result, the effect was determined to be of
moderate positive significance and therefore significant in terms of the EIA
Regulations. 
10.7. The development was estimated to contribute £75,773.91 per year to the Scottish
economy through induced economic activity. These impacts relate to the spending of
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wages and salaries and through induced employment within the wider economy
through increased demand as a result of economic activity. The overall magnitude of
the impact was determine to be low.  As a result, the effect was determined to be of
minor positive and not significant in relation to EIA Regulations.   
10.8. It has therefore been demonstrated that the proposed development would have a
positive economic impact in accordance with NPF4 Policy 25 – Community wealth
Building and NPF4 Policy 29 – Rural development which are supportive of rural
economic activity.  The proposal would also accord with LDP2 Policy 28, the
aquaculture specific policy which requires the economic contribution of aquaculture
proposals to be assessed. 
11. Potential benefits of sustainable site management proposals, which seek to
mitigate or reduce environmental risk from fish farming operations, including
escapes, disease and sea lice management and manage risk from fish farming
operations, including escapes, disease and sea lice management or manage risk
through adaptive management in response to environmental monitoring 
11.1. The applicant has submitted of supporting documents which have been attached as
appendices to the EIAR.  Of particular relevance are the Environmental Management
Plan, Sea Lice Management Statement, Fish Mortality Plan, Waste Management Plan,
Fish Mortality Plan, Waste Management Plan and Vessel Management Plan.  These
all contain details on how the development will be operated and include details of
mitigation and monitoring where appropriate.  It is considered that the proposal would
comply with this element of LDP2 Policy 28. 
12. Proposed operational measures which can mitigate or minimise the level of risk of
potential impacts (including on other aquatic or coastal interests) 
12.1. A number of documents have been submitted in support of the application which relate
to the operation of the site and adherence to these have been attached as conditions. 
NPF4 Policy 1 aims to encourage, promote and facilitate development that addresses
the global climate and nature crises while NPF 4 Policy 2 is supportive of developments
which have been sited and designed to adapt to current and future risks from climate
change. 
12.2. The EIAR notes that marine aquaculture is widely seen as possible solution to global
food shortages that are predicted to increase as a result of climate change.  Wild Atlantic
salmon is not a sustainable food source.  However, the industry has also been
vulnerable to the effects of temperature rises caused by climate change as evidenced
by recent fish health challenges.  Along with evolving fish health management practices,
it is now considered best practice to locate fish farms in more energetic sites.  This,
however, leaves the farms more vulnerable to the effects of storm events which are
increasing as a result of climate change.  This issue has been raised by objectors and
consultees, however, the Scottish Government Marine Directorate are satisfied with the
details of the equipment provided by the applicant.  Equipment attestations and
specifications have also been provided by the manufacturer which state that the
equipment has been designed in accordance with the Norwegian standard to withstand
the environmental conditions at the development location.  
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APPENDIX B – LIST OF CONTRIBUTORS 
OBJECTION FROM MSP 
1. Ariane  Burgess MSP Per Highlands And Islands   Scottish Green Party The
Scottish Parliament   
OBJECTION FROM COUNCILLOR 
2. Douglas McFadzean Greenside Bowmore Isle Of Islay Argyll And Bute 
OBJECTIONS 
3. Amy Wilson North Ardminish Isle Of Gigha Argyll And Bute PA41 7AA 
4. Angus McLeod Ardailly Isle Of Gigha Argyll And Bute PA41 7AA 
5. Brian Wallace 15 Mortonhall Park way Edinburgh EH17 8BW  
6. Casey-Jo Zammit 2 Burnside Cottages Isle Of Gigha Argyll & Bute PA41 7AD 
7. Dennis Archer Gallanach Road Oban   
8. Eleanor Logan South Lodge Achamore Isle Of Gigha Argyll And Bute PA41 7AD 
9. Ewan Kennedy Kinloch Degnish Road Kilmelford PA34 4XD 
10. Fabian Feary 2 Mansecroft Clachan Tarbert Argyll And Bute 
11. Fiona Middleton Ardimersay House Kildalton Isle Of Islay Isle Of Islay Argyll And
Bute 
12. Friends Of The Sound Of Jura No Address Provided    
13. Gabriel Waksman The Mill Isle Of Gigha PA41 7AA  
14. George Middleton Ardimersay House Kildalton Isle Of Islay Isle Of Islay Argyll And
Bute 
15. Graham White No 2 Keills Cottages Isle Of Gigha Argyll And Bute PA41 7AD 
16. Ian William Campbell 1 Distillery Cottages Lagavulin Isle Of Islay Isle Of Islay Argyll
And Bute 
17. Iona Middleton Ardimersay House Kildalton Isle Of Islay Argyll And Bute 
18. JK Wilson No Address Given    
19. John Aitchison No Address Given    
20. JP Waksman The Mill Isle Of Gigha Argyll And Bute PA41 7AA 
21. Julie Wilson Dark Skies Gigha    
22. Julie Wilson North Ardminish Isle Of Gigha Argyll And Bute PA41 7AA 
23. Keith Wilson Heather Lea Ardminish Isle Of Gigha Isle Of Gigha Argyll And Bute 
24. Laggan And Sorn District Salmon Fishery Board Clerk To Laggan & Sorn District
Salmon Fishery Board Per Messrs Walker & Sharpe Solicitors 37 George Street 
25. Marion Stevenson Cuddyport  Gigha  PA41 7AD  
26. Marion Wilson Heather Lea Ardminish Isle of Gigha Isle Of Gigha Argyll And Bute 
27. Rachel Mulrenan Per Wildfish 19 Windsor Place Edinburgh EH15 2AJ  
28. Stephen Rogers Carraig Mhor Emerivale Port Ellen Isle Of Islay Argyll And Bute 
29. The Coastal Communities Network, Scotland Per Alan Munro 5 Rose Street
Edinburgh EH2 2PR 
30. Tony Philpin Tighcruinn Isle Of Gigha Isle Of Gigha Argyll And Bute 
31. Viv Oliver Tighnavinish Isle Of Gigha Argyll And Bute PA41 7AA 
SUPPORT 
1. Audrey Dickie Gigulum Cottage Isle Of Gigha Argyll And Bute PA41 7AD 
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2. David Peach 36 F Shore Street Inverness IV1 1NF  
3. Graham Smith 80 Bowfield Road West Kilbride North KA23 9JZ 
4. Heather MacLean 102 Herries Road Glasgow Glasgow G41 4AN 
5. Iain Macleod Scalpay Factory Bayhead Isle of Scalpay HS4 3XY 
6. Inverlussa Marine Services By Craignure Isle Of Mull Argyll PA65 6BD 
7. Jacqueline Cochrane North Drumachro Isle Of Gigha Isle Of Gigha Argyll And Bute 
8. Joseph Teale Post Office House Ardminish Isle Of Gigha Argyll And Bute 
9. Keith Helm Gigulum Isle Of Gigha Argyll And Bute PA41 7AD 
10. Malcolm Henderson North Drumachro Isle Of Gigha Argyll And Bute PA41 7AD 
11. Nathan Breeze 2a Reservoir Road Whaley Bridge SK23 7BL 
12. Rhuaraidh Edwards W & J Knox Ltd Mill Road Kilbirnie  KA25 7DZ 
13. Scott Slawinski 34 newton park inverness iv5 7qb  
14. William McSporran 10 Ardminish Isle Of Gigha Argyll And Bute PA41 7AB 
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APPENDIX C – HABITATS REGULATIONS ‘APPROPRIATE ASSESSMENT’
HABITAT DIRECTIVE 92-43-EEC
THE CONSERVATION (NATURAL HABITATS AND C.) REGULATIONS 1994 
AS AMENDED 
The Sound of Gigha Special Protection Area 
Purpose of the designation 
The Habitats Directive aims to conserve biodiversity by maintaining or restoring Annex I
Habitats or Annex II species to favourable conservation status. The Sound of Gigha Special
Protection Area (SPA) comprised an area of 363.27 square kilometres.  The site lies around
the island of Gigha and extends northwards to Knapdale, Loch Caolisport and West Loch
Tarbert and southwards from Gigha to Machrihanish.  The qualifying species of the SPA are: 
Great northern diver (non-breeding): non-breeding season is October to mid-May
(inclusive
Common eider (non-breeding) non-breeding season is September to mid-April, with moult
taking place for eider between mid-June to October.  
Red-breasted merganser (non-breeding); Non-breeding season is mid-August to March
(inclusive).  
Slavonan grebe (non-breeding): Non-breeding season is mid-September to April
(inclusive).   
NatureScot have provided site reference populations in the Sound of Gigha SPA (5- year
mean from 2004/05 – 2007/2008) as follows:
510 individual great norther diver;
37 individual Slavonian grebe;
1300 individual common eider;
120 individual red-breasted merganser. 
Consequences of the designation 
In circumstances where European Protected Species could be subject to significant effects
as a consequence of development proposals, the competent authority, in considering
whether development should be consented, is required to undertake an ‘appropriate
assessment’ to inform its decision-making process, on the basis that where unacceptable
effects are identified, or in cases of ‘reasonable scientific doubt’, then permission ought not
to be granted. 
An ‘appropriate assessment’ is required to be undertaken in cases where any plan or project
which: 
(a)  Either alone or in combination with other plans or projects would be likely to have a          
significant effect on a European site designated for nature conservation; and 
(b)  Is not directly connected with the management of the site. 
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Characteristics of the development 
The proposal is for the equipment and operation of a marine fish farm in coastal waters
with farmed fish to be contained in nets supported from flotation rings secured to a mooring
grid anchored to the sea bed.   
NatureScot have advised on the following impact pathways for marine birds in relation to
this proposed development.  These are: 
1. Entanglement or entrapment in top, cage or antipredator netting or in any nets
deployed to recapture stock in event of escape;
2. Disturbance in the vicinity of the farm and / or associated vessels;
3. Direct displacement from the farm footprint; and
4. Loss of or damage to prey-supporting habitats in vicinity of the farm and / or as a
consequence of export or organic materials or chemicals from the farm site. 
NatureScot advise of potential likely significant effects (LSE) for all qualifying features of
the Sound of Gigha SPA with respect to all of the above impact pathways. 
Assessment 
The assessment considers the impact of the proposals on the qualifying species within the
designated area and has regard to the applicant’s submitted information in support of the
planning application, and to consultation advice provided by NatureScot. 
NatureScot has raised concerns about the submitted proposal on the basis that the operation
of the farm, as envisaged by the applicants, is in their view likely to have significant effects
on the designated species of interest within the Sound of Gigha Special Protection Area. 
The impact of the proposal has been considered against the potential impact pathways noted
above and considered in more detail below: 
Impact pathway 1 – Entanglement and diving depths   
There is the potential for mortality of the qualifying bird species through entanglement with
net.  The EIAR contains an appraisal to the entanglement risk to the qualifying species based
on their diving depths.  NatureScot have advised that as the proposal has a minimal mooring
area of 16 metres, they do not expect that eider, red-breasted merganser and Slavonian
grebe would forage at the area.  This has been confirmed by the survey data.  Therefore,
the main concern is the potential entanglement of the great northern diver feature of the SPA. 
For great-northern diver, it is expected that the setup of the subsurface netting (high rigidity
material and sinker tube tensioning system) will reduce the potential for sub-surface
entrapment and entanglement, which should be sufficient to prevent risk to Conservation
Objective (CO) 2a: populations of the qualifying features are viable components of the site. 
The Applicant has committed to reporting requirements for any entanglement incidents.
However, it is unclear whether this includes actively looking out for entanglement to diving
species which might be caught in the sub-surface netting. This is a particular concern for
great-northern diver. If this is not part of the daily inspection, then we recommend that diving
inspections are implemented at least weekly (to record any incident to diving marine birds).
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Another alternative the NatureScot have suggested would be the use of underwater
cameras. The presence of great-northern diver is in relatively low numbers near the
proposed farm site; however, NatureScot advise that it must be ensured that a significant
number of birds do not become entrapped so that no Adverse Effects on Site Integrity can
be concluded. 
The EIAR also includes a detailed appraisal of entanglement risks to other species
(considering both their diving depths and the entanglement rates at the two other existing
fish farms in Gigha. This includes an appraisal done for cormorant, shag, common guillemot,
black guillemot, and gull species. No incidents of entanglement at the two other fish farms
have been reported. 
Impact Pathway 2:  Disturbance 
The Applicant has addressed our concerns regarding disturbance to all qualifying features
of the SPA (which exhibit sensitivity to disturbance) and has included an appraisal to
consider if these species would favour the area of the proposed fish farm or areas in the
vicinity of the proposed Vessel Transit Route. 
The survey results show that all qualifying features of the SPAs were detected during the
Vantage Point (VP) surveys along the Vessel Transit Route (VTR), although Slavonian
grebes were present in very low numbers. At the vicinity of the site of proposed fish farm,
only great-northern diver was present in significant numbers. 
Therefore, for eider, red-breasted merganser and Slavonian grebe, the main risk is only due
to disturbance with associated vessels along the VTR (impact pathway 2). 
For Slavonian grebe, very low numbers were recorded in the surveys. This means that the
vessel disturbance will be relatively minor and will not undermine CO2b for this qualifying
feature (the distributions of the qualifying features throughout the site are maintained by
avoiding significant disturbance of the species). Thus, NatureScot conclude no AESI for
Slavonian grebe. 
For eider and red-breasted merganser, the numbers recorded along the traffic routes have
peak counts of 2% of SPA population (26 birds) for eider, and 4% of SPA population (5 birds)
for red-breasted merganser .  For eider, the VTR cuts through two zones with good foraging
habitat for this species (East Tarbert Bay and Palm Tree Beach). It is expected that birds
would either be temporarily displaced away from the passing boats and would exhibit
habituation to increased marine vessel activity over time. For red-breasted merganser, the
larger concentrations of birds within the SPA are outwith the VTR, so disturbance is less of
a concern for this qualifying feature. A more significant concern is during the sensitive
flightless moult period for eider (between July and September). However with the mitigation
measures in the Vessel Management Plan it is expected that disturbance is not considered
to be sufficient to undermine CO2b through long term or irreversible alteration of the
distribution of the qualifying features, thus we conclude no AESI for eider and red-breasted
merganser. 
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Good numbers of great northern diver were detected near the farm site, as well as along the
VTR. In the VTR, regular sightings of groups of great northern diver up to six individuals have
been recorded (representing 1% of SPA population), and one group of 15 birds recorded
(representing 3% of SPA population). Along the entire extent of VTR, up to 27 birds could be
estimated from the survey results, representing around 5% of SPA population. Near the
proposed farm site, peak counts of up to 3 birds represent less than 1% of the SPA
population. 
The greatest concern comes from disturbance along the VTR. Considering a disturbance
zone of 1000m from VTR.  It is clear that increased vessel activity along the VTR would result
in disturbance to a considerable area used by great northern diver. However, this area is
small in comparison to total foraging area available in the SPA. There is also evidence from
the bird surveys that great northern diver habituates to increased vessel activity, such as
passing RIB boats at high speed within 100 meters. 
Due to the mitigation measures stated in the Vessel Management Plan, and the nature of
vessel activity (one return journey per day under normal conditions), disturbance to great
northern diver should not be sufficient to undermine CO2b (the distributions of the qualifying
features throughout the site are maintained by avoiding significant disturbance of the
species). The installation of the mooring area (scheduled for the period May-August) would
avoid the sensitive moulting period for great northern diver (which occurs between Feb and
April). 
Installation of the fish pens and moorings is anticipated to take 28-35 days to complete. The
installation of the Proposed Development is proposed between May and August (inclusive)
to avoid the non-breeding winter season of the qualifying features of the Sound of Gigha
SPA. However, this will coincide with the flightless moult period for red-breasted merganser
(mid-July to late Sept) and eider (July to mid Sept), when both qualifying features are likely
to have an increased sensitivity to disturbance during this period. It is stated in the EIA (page
336) that for both species, the potential for impacts is only predicted during the nonbreeding
season (outwith the moulting period) when they are on the water of the SPA, as both species
breed on the coast. These species are unlikely to be present near the mooring area during
moulting, as almost no observations of these species were made near the mooring area
during the winter surveys, and it is considered unlikely that eider and red-breasted
merganser utilisation would markedly change during the moulting period. 
During the installation period, up to three marine vessels will frequently be onsite, however,
these vessels will be moving at low speeds in association with the defined 0.74 km2 mooring
area. This can result in disturbance to some marine birds, however during this time the only
qualifying feature likely to be present in the area will be foraging gannets from Ailsa Craig
SPA and this species is unlikely to be significantly affected by vessel and construction
activity. 
Impact Pathway 3 – Direct displacement from the farm footprint 
The Proposal will result in a direct reduction in the sea surface area available to the SPA
qualifying features. However, this concern only relates to great-northern diver, as the other
qualifying features have not been regularly recorded at the site of proposed fish farm. The
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total surface area of the Proposed Development is anticipated to be 0.017 km2. The
presence of structures within the marine environment may result in birds being displaced
from the development location. 
The baseline ornithology survey identified the presence of very low numbers, 1 to 3 birds, in
association with the mooring area. However, a total of 79 observations of great northern
diver were made across the survey period; as such, great northern diver does make use of
the marine environment encompassed by and surrounding the mooring area. The survey
findings indicate that the majority of observations were outwith the spatial extent of the
mooring area. 
As a result of the ability of great northern diver to utilise both the pelagic and benthic zones
for foraging, they are not limited by water column depth and therefore may make use of a
wider range of foraging habitats, particularly pelagic habitats where diving capabilities are
less of a constraint. This ecological trait means that birds may not be constrained by reduced
availability of a small area of foraging habitat. Furthermore, based on the evidence that their
mean diving depth is between 4 to 10 m and that foraging activity is predominantly associated
with water depths of 19 m or less, the mooring area is unlikely to represent a primary foraging
area as the mean depth is 41.46 m. Therefore, displacement to great-northern diver is not
sufficient to undermine CO2c of the SPA (the supporting habitats and processes relevant to
qualifying features and their prey/food resources are maintained). 
Impact pathway 4 – Loss of or damage to prey-supporting habitats 
There is evidence to suggest that impact to prey-supporting habitats is going to be negligible.
The two existing fish farms in the area (Druimyeon Bay and East Tarbert Bay) underwent
SEPA benthic auditing in late 2021. This audit process identified that both farms are currently
complying with the Mixing Zone threshold and have a negligible impact on the receiving
benthic environment. The total area of the Mixing Zones for the three farms is 0.45 km2
which is 0.12 % of the total available habitat within the SPA boundary. 
NatureScot consider that the predicted cumulative solid deposition levels from the Proposal
in combination with the two existing fish farms around Gigha are very low and not at a level
that would give rise to any concerns around possible degradation of the habitats that would
be used by the qualifying features of the SPA. The same advice also concluded that the
chemical residue plumes from the proposed West of Gigha site will not pose a risk to any of
the habitats or benthic invertebrates. 
Therefore, it is advised that this pressure is not sufficient to undermine CO2c (the supporting
habitats and processes relevant to qualifying features and their prey/food resources are
maintained). 
Cumulative Impacts 
Disturbance 
Regarding vessel traffic, NatureScot note the statement that most of the VTR has a baseline
level of 5-20 vessel per week. Adding one return trip per day (for the RIB and workboat) will
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represent an additional 14 vessel movements per week, meaning a significant increase in
vessel activity. However, we agree that the relatively short transit time (20 and 50 minutes
for the RIB and workboat, respectively) will limit the temporal extent of marine vessel activity,
and as a result, it is not anticipated that vessel activity will contribute significantly to
cumulative disturbance, in what to the qualifying features recorded along the VTR (eider, red
breasted merganser and great northern diver). 
Displacement 
The Proposal will be located a significant distance from the two other existing marine salmon
farms to the NE of the Isle of Gigha, with East Tarbert Bay and Druimyeon Bay located 9.03
km and 10.25 km, by sea, from the current proposed site. The Proposal will also be located
in a more exposed, offshore location, with significant water depth and current velocity.
Therefore, the marine environment of the proposed fish farm is significantly different to the
two existing marine salmon farms, which are located in more sheltered, lower energy
environments. The EIA refers that this means “neither additive nor associated cumulative
effects on IEFs which favour shallower, more sheltered environments are unlikely to occur”
(see page 382 of EIA). While this is true for eider and red-breasted merganser (which occur
in significant numbers to the east of Gigha but not to the west), this is not true for great-
northern diver (which occur in both sides of Gigha, in good numbers). 
Recommended mitigation to be secured by planning condition 
• Operator to monitor wildlife entanglement/entrapment in both cage and top nets. Top
nets should be monitored daily. Cage nets should be monitored for entangled birds
at least weekly, and preferably more frequently, using camera systems capable of
inspecting the entire net surface and/or professional divers. 
• Operator to maintain full records of wildlife entanglement/entrapment monitoring
methods and results for both cage and top nets using the standardised NatureScot
proforma (https://www.nature.scot/doc/interim-technical-briefing-note-pole-mounted-
top-nets-and-birds-finfish-farms) and to submit regular (typically six-monthly) returns
of these records to the Planning Authority (PA), copied to NatureScot; 
• Immediate notification by the site operator to both the PA and NatureScot in event of
any significant entrapment or entanglement in any cage or other nets of great
northern divers, gannets, gulls (any species), shags, cormorants, or any other single
bird species. Significant should be interpreted as: involving three or more birds on
any one day and/or a total of five or more birds in the space of any seven-day period
and/or repeat incidents involving one or more birds on four or more consecutive
days); 
• Should an event or events be notified in accordance with the above conditions, the
PA must consult with NatureScot, and the applicant is to agree any mitigation
measures required. Any such mitigation measures are to be implemented within a
timescale determined by the PA and to be retained throughout the life of the fish farm
unless agreed otherwise in writing by the PA. 
• Strict adherence to the Vessel Management protocols as set out in the applicant’s
Vessel Management Plan (Revision A1, dated December 2022 – 5. Management) 
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Conclusion 
The potential impacts of the development in relation to the qualifying species within the SPA
designation have been considered in the light of the above and it has been concluded that
with identified mitigation measures in place the impacts arising from the construction,
operation and decommissioning of the development as proposed, in combination with the
operation of other farms nearby will not with identified mitigation in place  have a significant
impact upon qualifying interests, and accordingly there is no reason to withhold permission
on European nature conservation grounds. 
Appropriate Assessment informed by NatureScot for the purposes of Argyll and
Bute Council as competent authority in assessing planning application
23/01758/MFF. 
APPRAISAL IN RELATION TO REGULATION 48 OF THE CONSERVATION (NATURAL
HABITATS, &C.) REGULATIONS 1994 AS AMENDED (HABITATS REGULATIONS
APPRAISAL) 
EUROPEAN SITE DETAILS
Relevant European site qualifying interest: 
Name of European site(s) potentially affected: 
Conservation Objectives for qualifying interests: 
The Conservation Objectives for each site can be accessed via SiteLink. naturescot sitelink
- Google Search 
STAGE 1: WHAT IS THE PLAN OR PROJECT 
Use of pole-mounted top net systems with ceiling mesh dimensions of 100mm or less at
existing finfish aquaculture sites in Scotland. 
STAGE 2: IS THE PLAN OR PROJECT DIRECTLY CONNECTED WITH OR
NECESSARY TO SITE MANAGEMENT FOR NATURE CONSERVATION? 
No 
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STAGE 3: IS THE PLAN OR PROJECT (EITHER ALONE OR IN COMBINATION WITH
OTHER PLANS OR PROJECTS) LIKELY TO HAVE A SIGNIFICANT EFFECT ON THE
SITE? 
Breeding gannets have a mean foraging range of 120.4km (±50.0km) and a mean
maximum foraging range if 315.2km (±194.2km).  Consequently, there is potential
connectivity between gannets from one or more of the SPAs listed above and all Scottish
marine waters suitable for finfish aquaculture. 
There is potential for Likely Significant Effect (LSE) arising from incidental entanglement or
entrapment of gannets at finfish farms deploying pole-mounted top nets. 
STAGE 4: APPROPRIATE ASSESSMENT OF THE IMPLICATIONS FOR THE SITE IN
VIEW OF ITS CONSERVATION OBJECTIVES 
Gannets forage opportunistically on pelagic fish shoals by plunge diving in to them from the
air and pursuing fish underwater.  They may be attracted over substantial distances by
presence of other gannets, such that large numbers of birds can quickly gather over a fish
shoal.  There are several known instances of numbers of gannets becoming entangled and
entrapped at finfish farms when attempting to plunge dive into stocked cages through pole-
mounted top nets.  Entangled birds may suffer fatal injuries and entrapped birds are
subject to stress when confined or during subsequent release by site operators, with
unknown longer term consequences for individual survival or breeding success. 
Such interactions with pole-mounted top net systems have potential to undermine
maintenance of gannet populations as viable components of relevant SPAs, through
negatively impacting population level adult survival rates and / or breeding success. 
The population of gannets in Scotland is large (243,505 pairs in 2013-14) and continues to
grow rapidly (2.9% per annum between 2003-4 and 2013-14).  All SPA populations are
currently in Favourable Conservation Status with stable populations, as detailed below: 
Given favourable status and dynamics of gannet populations, high levels of mortality of
breeding of adults would be required to undermine SPA conservation objectives. 
There is currently limited empirical information on interactions between gannets and pole-
mounted top nets, but the incidents we are aware of involving multiple birds have been
associated with ceiling mesh sizes of 200mm or greater.  The adoption of ceiling mesh
dimension of 100mm or less is considered, on both theoretical grounds and in light of the
currently available evidence, to pose low risk of damaging interactions with gannets. 
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STAGE 5: CAN IT BE ASCERTAINED THAT THE PROPOSAL WILL NOT
ADVERSELY AFFECT THE INTEGRITY OF THE SITE? 
It is concluded that there is no Adverse Effect on Site Integrity with respect to breeding
gannet populations associated with permitting the adoption of pole-mounted top nets with
ceiling mesh dimensions of 100 mm or less at existing finfish aquaculture sites in Scottish
waters. 
The conclusion is however subject to strict planning conditions being applied to all relevant
consents (as outlined below and detailed  in associated Standing Advice) to ensure
avoidance of future Adverse Effect in Site Integrity, including consideration of cumulative
and in-combination effects. 
Additional – to that outlined in Stage 4 – mitigation or modifications that are required
to ensure adverse effects are avoided and the reasons for these. 
CONCLUSION / ADVICE IN RELATION TO PLAN OR PROJECT 
Use of pole-mounted top net systems with ceiling mesh dimension of 100 mm or less at
existing finfish aquaculture sites in Scotland can be permitted. 
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Site
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office (C) Crown Copyright 2009. Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or Civil Proceedings. OS License No.100023368, 2010.
°
Date: 05.09.24
Location Plan relative to 23/01758/MFF
Formation of fish farm (Atlantic Salmon) incorporating
8 x 160m circumference circular cages and siting of
feeding barge, Fish Farm, West of Isle of Gigha
Scale: 1:20,000Drawn By: kmk
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
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: 24/00564/PP
Planning hierarchy: Local
Applicant: Fyne Homes
Development: Erection of Eight Affordable Dwellinghouses and
Formation of Vehicular Accesses
Site Address:  Vacant Land at Junction of Ballochgoy Road and
Blain Terrace, Rothesay, Isle of 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 
• Erection of eight affordable dwellinghouses
• Formation of vehicular accesses and parking spaces
• Formation of retaining walls in curtilages of dwellinghouses
• Installation of surface water drainage system
• Formation of refuse and recycling storage areas in curtilages of
dwellinghouses   
(ii) Other specified operations 
• Connection to public water main and public foul drainage system
• Landscaping 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that Planning Permission be granted subject to the conditions,
reasons and informative notes set out below. 
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(C) CONSULTATIONS:   
Scottish Water (letter dated 17th April 2024) 
Scottish Water has no objection to this planning application; however, the
applicant should be aware that this does not confirm that the proposed
development can currently be serviced. 
There is currently sufficient capacity in the Dhu Loch Water Treatment Works
to service the development. However, further investigations may require to be
carried out once a formal application has been submitted. 
There is currently sufficient capacity for a foul only connection in the Rothesay
Waste Water Treatment Works. However, further investigations may be
required to be carried out once a formal application has been submitted. 
Area Roads Engineer (reports dated 23rd July 2024 and 30th August 2024) 
There was an initial recommendation of deferral in order for two issues to be
resolved – the close proximity to the junction of Ballochgoy Road and Blain
Terrace of the parking spaces proposed for the dwelling at Plot 8 and the
provision of a full length dropped footway adjacent to the off-street parking
rather than repeated transitions. 
Amended drawings have been submitted that satisfactorily address the above
and the Roads Engineer has confirmed that he now has no objections to the
proposal subject to conditions regarding the provision of adequate visibility
splays from each driveway and the prevention of surface water flowing onto
the public road corridor. 
JBA Consulting (report dated 27th August 2024) 
The site is located outwith all indicative limits of flooding from a 1:200 year
plus climate change annual probability event as per the SEPA Future Flood
Maps. 
The supplied drainage strategy informs that surface water will be collected at
each of the proposed dwellings, attenuated and then discharged into the
combined Scottish Water sewer close to the site. It is unlikely that Scottish
Water will accept this discharge but, at this time, a formal definitive response
has not yet been received. 
It is recommended that no development should take place until discharge into
the public system is authorised and written confirmation provided to the
Planning Authority. 
The drainage document informs that discharge into the sewer is to be
restricted to 0.35 litres per second and this rate is considered to be
acceptable. 
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(D) HISTORY:   
Planning Permission (ref: 05/00669/DET) granted on 8th September 2005 for the
erection of 34 dwellinghouses on land to the north and west of the subject site. These
dwellinghouses have been completed. 
Outline Planning Permissions (refs: 06/01181/OUT; 06/01182/OUT; 06/01183/OUT;
06/01184/OUT; 06/01186/OUT; and 06/01187/OUT) were granted on 28th July 2006
for the erection of a dwellinghouse on each of six individual plots on the land that is
the subject of the current application. These permissions expired on 28th July 2009
as no applications for the approval of reserved matters had been submitted. 
Planning Permissions in Principle (refs: 16/02361/PPP; 16/02366/PPP;
16/02367/PPP; 16/02368/PPP; 16/02369/PPP; and 16/02370/PPP) were granted on
3rd November 2016 for the erection of a dwellinghouse on each of six individual plots
on the land that is the subject of the current application. These permissions expired
on 3rd November 2019 as no approval for the matters specified in the conditions
attached to the permissions had been obtained. 
(E) PUBLICITY:   
Subject of Neighbour Notification (closing date 1st May 2024) and
advertised under Regulation 20 (closing date: 10th May 2024). 
(F) REPRESENTATIONS:   
A petition objecting to the application was received on 29th April 2024 and it
contained the following sixteen signatories: 
Karen Banbury, 1 Ballochgoy Terrace, Rothesay, Isle of Bute
Edward Glass, 1 Ballochgoy Terrace, Rothesay, Isle of Bute
Christine Ross, 2 Ballochgoy Terrace, Rothesay, Isle of Bute 
David Ross, 2 Ballochgoy Terrace, Rothesay, Isle of Bute
Francis Kemble, 3 Ballochgoy Terrace, Rothesay, Isle of Bute
Carol Kemble, 3 Ballochgoy Terrace, Rothesay, Isle of Bute
Isobel Rich, 4 Ballochgoy Terrace, Rothesay, Isle of Bute
Robert Rich, 4 Ballochgoy Terrace, Rothesay, Isle of Bute
Donna Devlin, 4 Blain Terrace, Rothesay, Isle of Bute
Peter Morrison, The Bungalow, Ballochgoy Road, Rothesay, Isle of Bute
Fiona McMillan, The Bungalow, Ballochgoy Road, Rothesay, Isle of Bute
Dmitry Ivanov (Address Not Provided)
James Gorman, Lilyoak House, 7 Lilyoak Terrace, Rothesay, Isle of Bute
A McQuilkan, 7 Prospect Terrace, Rothesay, Isle of Bute 
C McGinty, 3/1 Havelock Terrace, Rothesay  Isle of Bute
K Queen, 34 Ballochgoy Road, Rothesay, Isle of Bute 
The points raised can be summarised as follows: 
i. It is stated that the map/plan indicates that the proposal relates to the
erection of six dwellinghouses. However, the application lists a proposed
development of eight units and an access road but there is no site plan
showing the layout and/or designated parking areas. 
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Comment: The ‘map/plan’ that is mentioned is likely to be the one that is
included in the letter to neighbouring properties, which is not intended to
provide full details of the layout of the proposed development. The letter
does, however, provide information and guidance on how to view the plans
on the Council’s website and, by following the advice, access to all of the
drawings and plans is available. 
ii. Whilst most residents on Bute welcome the idea of affordable housing, it is
contended that the consensus of opinion is that it would be infinitely
preferable for the numerous structures on the island that are in poor repair
(especially in Rothesay) to be renovated. This would not only provide
housing for a considerable number of people but would enhance the
aesthetic appeal of Bute thereby making the island more attractive for
residents and visitors. 
It is considered that funds should be directed to procurement and renovation
to provide affordable homes at a lower environmental and fiscal cost. There
is the added factor of the recent introduction of a tax on second homes in
Scotland, which will result in the number of available rental homes increasing
in number. 
Comment: In their e-mail dated 4th June 2024, the agent has pointed out
that the suggestion of renovating “the numerous structures on the island”
whose ownership is unknown is not something the applicant, Fyne Homes,
requires to consider as part of a development for new affordable housing. 
They contend that the proposals will deliver high quality family homes for
social rent which reflects local housing need and, in addition, would
redevelop a brownfield site in an accessible location. Furthermore, the new
homes are proposed to be delivered as modular construction which, the
agent explains, provides environmental advantages over traditional forms of
construction e.g. reduced construction waste and improved quality over the
building lifespan. 
iii. The Hillhouse Road/Westlands Road route is the only means by which the
residential area of Ballochgoy and the municipal refuse and recycling site
further to the west can be accessed. It is stated that this route is narrow and
it is also contended that it is in a significantly poor state of repair and has a
very dangerous, tight and blind intersection where it meets Ballochgoy Road. 
It is also mentioned that there is congestion caused by a very narrow road
just below the proposed site near the bowling club and where there is a bus
stop. 
Comment: The application site is located within an established residential
area that is served by publicly adopted roads. In his reports on the proposal,
no concerns have been raised by the Area Roads Engineer in respect of the
capability of the surrounding road network to accommodate the increase in
traffic associated with the erection of the eight dwellinghouses. 
iv. It is stated that there is already a problem with access to Ballochgoy Road
and that parking is impossible with a long stretch of single lane road
immediately below the site of the proposed development and where a bus
stop is situated near the Bowling Club. 
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It is pointed out that the amount of parking presently available for existing
residents is insufficient and this is before taking into account the demand
created by vehicles associated with visitors, carers and nursing staff. 
Comment: The proposal involves the provision of in-curtilage parking for
each dwellinghouse and visitor parking that is in accordance with the
standards set out in Policy 40 of the Argyll and Bute Local Development Plan
2. 
v. There are several disabled residents with mobility scooters who already have
a very difficult time negotiating the narrow pavement and, with the addition
of works traffic, it would become impossible for them and also for the bus to
safely use this stretch of road. This would cause extreme safety concerns to
the elderly and the young residents/pedestrians who use this road. 
It is stated that the principal roads (St Bride’s Road and Ballochgoy Road)
are too narrow and there are instances of vehicles parking on pavements.
All residents (including mothers, children and mobility scooter users) often
have to divert from the footway on to the road just below the site for the
proposed development. During school holidays and bank holidays, the traffic
almost doubles and damage has been done to vehicles. Concern is
expressed that the possibility of personal injury is very high. 
Comment: As mentioned in response to Point (iii) above, no concerns have
been raised by the Area Roads Engineer in respect of the capability of the
surrounding road network to accommodate the increase in traffic associated
with the erection of the eight dwellinghouses. 
The Area Roads Engineer has recommended there is a continuous dropped
pavement which will be easier to use for those with mobility scooters and
buggies as they pass the new houses and new driveways and in curtilage
parking should prevent parking on the street so the pavement should be kept
clear. 
In terms of the situation during the construction period, please refer to the
comments for Point (vi) below. 
vi. It is contended that construction traffic alone would create the most appalling
carnage in the area and would add considerably to congestion and chaos for
some time. It is stated that Hillhouse Road (the only route through which
access to Ballochgoy is available) was closed for a period in December 2023
due to a water main issue and one of the objectors was unable to drive up
the hill and was forced to walk to his house in the pouring rain. It is
considered that adding to the burden on this hill would only make matters
worse and there is a very real danger of injury. 
Comment: In their e-mail dated 4th June 2024, the agent has explained that
the new homes are proposed to be volumetric modular construction, which
means that approximately 90% of the work will be completed off-site before
the units are delivered. This will greatly reduce construction traffic and the
overall duration of the works and the contractor has also given the
commitment to act as a good neighbour and provide regular communication. 
From a Planning perspective, and in the particular circumstances of this
case, a condition is recommended requiring that a Construction
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Management Plan is submitted to and approved in writing by the Planning
Authority, which will seek to address issues such as construction traffic, site
compound, storage areas, dust suppression, etc. 
vii. It is stated that the plot of land in question becomes flooded during heavy
rainfall, which is semi-permanent during winter months. It is alleged that,
during periods of heavy rain, the flow of water overwhelms the drains that
are already installed as these are not equipped to deal with the outflow. The
result is that the road becomes a torrent of water and it sometimes freezes. 
Concern is expressed that erecting structures on the land would be an added
burden that wouldn’t alleviate the existing level of flooding. The application
form states that the proposals do not make provision for the sustainable
drainage of surface water at the site and this could very well be in breach of
environmental legislation. 
Comment: In their e-mail dated 4th June 2024, the agent has stated that their
engineers have reviewed SEPA flood maps and can confirm that the site is
at no risk of pluvial or fluvial flooding. The proposals for the site also identify
porous bay parking for each individual plot (an effective form of SuDS) whilst
the drainage design features an orifice plate that would restrict the discharge
rates of all flows meaning the existing system will not be overwhelmed. 
viii. This is a community of many families although it lacks green space in which
children can play safely with the result that they often use the pavement and
roads, which is a potential hazard. With the requisite drainage measures in
place, the site in question could provide a much needed playground for the
existing families to use thus enhancing the safety and desirability of the area.
The lack of designated playgrounds on Bute is a factor in families with
children not being attracted to the island.   
Comment: In their e-mail dated 4th June 2024, the agent has stated that, in
formulating the design of the proposals, much consideration has been given
to ensure that garden spaces are usable for young families, despite the steep
slope of the area. The existing area of open space adjacent to the site will
not be detrimentally impacted by the proposals. In addition, the requirement
to provide open space is only applicable to developments of 10 dwellings or
more (Policy 68 – Housing Greenspace). 
A representation was received on 30th April 2024 from Mrs Julie Gilchrist on behalf
of the committee and members of Rothesay Bowling Club, Ballochgoy Road,
Rothesay, Isle of Bute. 
The representation explains that Rothesay Bowling Club are happy to welcome new
family homes to the area; however, it is stated that, during the last development, the
works proved very detrimental to the daily life of the Club with members and guests
being denied the ability to park near to the green. This led to a reduction in numbers
coming to play at the Club and affected them financially.     
While they acknowledge that no build can happen without affecting the local area,
they have respectfully asked for consideration and reassurance that disruption
would be as minimal as possible this time. They have explained that they cannot
afford to lose members and guests (and their revenue) due to lack of parking should
Prospect Terrace be closed off again. They have referred to a grassed area adjacent
to the boundary fence of the grounds that Fyne Homes maintain and have asked
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whether this could, perhaps, be repurposed for the provision of some parking
spaces. 
Comment: In their e-mail dated 4th June 2024, the agent has confirmed that the new
development will require access from Prospect Terrace; however, they will seek to
minimise disruption and include Rothesay Bowling Club within their neighbour
communication. 
They explain that the new homes are proposed to be volumetric modular
construction, which means that approximately 90% of the work will be completed
off-site before the units are delivered. This will greatly reduce construction traffic and
the overall duration of the works and the contractor has also given the commitment
to act as a good neighbour and provide regular communication. 
As mentioned in the response to Point (vi) above, the preparation and agreement to
a Construction Management Plan is included as one of the conditions of Planning
Permission.   
(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) Sustainability Checklists (with reference to
the requirements of LDP2 Policy 04) 
TN06 Sustainability Checklist 
TN07 Sustainable Buildings Checklist                                 
☒Yes ☐No 
☒ Yes ☐ No  
(v) A report on the impact of the proposed
development e.g. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc. 
‘Drainage, SUDS and Surface Water
Management Plan’ – Harley Haddow
(November 2023) 
☒Yes ☐No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 obligation required:   ☐Yes ☒ No 
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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:☐Yes ☒ No 
(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 5 – Soils
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places 
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
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 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development 
Connected Places 
Policy 32 – Active Travel
Policy 33 – Public Transport
Policy 34 – Electric Vehicle Charging Points
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
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Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 60 – Private Sewage Treatment Plans and Wastewater Drainage 
Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 62 – Drainage Impact Assessments
Policy 63 – Waste Related Development and Waste Management 
Homes for People 
Policy 66 – New Residential Development on Non-Allocated Housing Sites within
Settlement Areas
Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Area (LLA)
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 79 – Protection of Soil and Peat Resources 
(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
Consultee Responses
Planning History
Argyll and Bute Sustainable Design Guidance 2006
Argyll and Bute Technical Note on Biodiversity (2017)
TN06 Sustainability Technical Note and Checklist (2023)
TN07 Sustainable Buildings Technical Note and Checklist (2023)
Argyll and Bute Housing Needs and Demand Assessment
Argyll and Bute Housing Emergency Statement 
(K) Is the development 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 
In deciding whether to hold a discretionary hearing, Members should consider the
following: 
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• How up to date the Development Plan is; the relevance of the policies to the
proposed development; and whether the comments are on Development
Plan policy grounds that have recently been considered through the
Development Plan process 
• The degree of local interest and controversy on material considerations,
together with the relative size of community affected, set against the relative
number of representations and their provenance 
At the time of writing, a sixteen-signature petition objecting to the application has
been submitted and a representation has also been received, which neither
advances support nor expresses objection. 
The determining factors in the assessment of the application are whether the
proposed housing development is consistent with the provisions of the adopted
National Planning Framework 4 and Local Development Plan 2 and whether the
issues introduced by third parties raise material considerations of sufficient
significance to withhold Planning Permission. 
In this instance, the proposal is within the ‘Main Town’ of Rothesay area on land that
has relatively recently been the subject of Planning Permissions in Principle for
residential development; the siting, layout and design of the development are
considered to be appropriate; and there are no outstanding infrastructure or servicing
issues. These factors result in a proposal that is wholly consistent with the provisions
of both National and Local Planning Policy in addition to helping to address the
locally and nationally declared ‘housing emergency’. 
It is the opinion of the Planning Authority that the information that is available,
together with the officer assessment of the relevant planning issues contained within
this report, are sufficiently detailed and robust to enable Members to make an
informed decision based on all of the material planning considerations in this case. 
On this basis, therefore, it is not considered that the objections raise any complex
or technical issues that have not been addressed in the current Report of Handling
and it is not considered that a discretionary local hearing would add value to the
planning process. 
(O) (i) Key Constraints/Designations Affected by the Development: 
Local Landscape Area 
(ii) Soils 
Agricultural Land Classification:  Built-up Area/Unclassified Land          
Peatland/Carbon Rich Soils
Classification:
☐Class 1
☐Class 2
☐Class 3 
☒ N/A 
Peat Depth Classification: N/A  
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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   
(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any
replacement or compensatory
planting? 
☐Yes
☐No – details to be secured by condition
☒Not applicable
(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: 
N/A     
(P)   Summary assessment and summary of determining issues and material
considerations 
Planning Permission is sought for the erection of eight dwellinghouses on a
grassed area of land measuring 0.23 hectares in Rothesay, Isle of Bute. It has
frontages to the east with Prospect Terrace and to the south with Ballochgoy
Road with the part along Ballochgoy Road sloping downwards from west to east
whilst the Prospect Terrace end is relatively flat. 
The proposal comprises four dwellinghouses (two semi-detached blocks) along
the Ballochgoy Road frontage and four dwellinghouses (two detached blocks and
one semi-detached block) along the Prospect Terrace frontage. The buildings
would be two storeys in height; would have a mix of white render and buff brick
external wall finish; grey concrete roof tiles; and grey uPVC windows. 
Vehicular accesses are to be formed to serve in-curtilage parking spaces whilst
connection is to be made to the public water supply and waste water system. 
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Principle of Development 
The site is located within the ‘Main Town’ of Rothesay as identified in the adopted
Argyll and Bute Local Development Plan (LDP2) and, given that it was previously
occupied by flatted blocks but is now grass, it represents brownfield land that has
become naturalised. 
The type of development that is proposed is considered to be compatible within
this established homogenous residential area and it would be a small-scale
scheme in the context of its surroundings. 
It successfully contributes to ‘Local Living’ by providing homes where the
occupants can meet the majority of their daily needs within a reasonable distance
by walking, wheeling or cycling or using sustainable transport options. 
Furthermore, it would provide eight units of affordable housing via a Registered
Social Landlord and agreement on the timescale for build-out can be achieved
through a condition. 
Sense of Place and Quality of Design 
Having regard to the built development pattern and densities of the local area, it
is noted that there is a range of scale and design of houses. The proposed
dwellings will most closely resemble the buildings that the housing association
erected in the upper part of Ballochgoy Road and along Blain Terrace and, in this
sense, their scale, design and finishes are reflective of nearby properties that
have been constructed in the relatively recent past. 
As evidenced by the contents of the checklists provided by the agent, a significant
number of features are incorporated into the development that demonstrate its
‘Sustainability’ credentials, including renewable energy and design &
construction methods, which fully accord with current Development Plan policy. 
Natural Environment 
No material biodiversity impacts have been identified in the assessment of this
application by the Planning Authority and, in the particular circumstances of the
proposal, no conditions relating to specific measures for biodiversity
enhancement and protection are considered to be necessary. 
The site for the proposed development is not within an area that is designated
for its nature conservation interests. 
The site is located within the Bute Local Landscape Area (LLA), and it is
considered that the submitted plans and drawings; the completed Sustainability
Checklist and Sustainable Buildings Checklist; and the carrying out of an officer
site inspection provide sufficient information to allow an appropriate form of
assessment to be carried out. 
Although the Ballochgoy area is in an elevated position that can be seen from a
number of medium-to-long distance views, the application site is a relatively
minor component within the wider panoramic landscape. The proposed dwellings
would reflect the predominant colour scheme that is a recognisable feature from
the more distant viewpoints and, as such, the development would have a ‘neutral’
effect upon the visual qualities of the wider LLA.
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The site is not within an identified area of peatland, carbon-rich soils or priority
peatland habitat nor does it have an agricultural land classification. As such, there
are no issues in relation to soil disturbance. 
Residential Amenity 
There are potential issues of interlooking between habitable room windows but
these can be addressed through the attaching of suitably-worded conditions. 
Access, Parking and Impact on the Local Road Network 
The development site is served by two bus services and is located appropriately
in terms of connecting into existing active travel networks such as walking,
wheeling and cycling. The provision of a vehicle charging point, or the
infrastructure to allow its installation at a future date, can be secured by means
of a planning condition. 
It is proposed that each dwellinghouse would have an individual driveway onto
the public road that would serve two or three in-curtilage parking spaces
appropriate to the number of bedrooms in the property. 
The Area Roads Engineer had initially raised two issues – the proximity of one
set of parking spaces to an existing junction and the dropping of the kerb across
the full length of the footway rather than having repeated transitions. 
The agent has submitted a revised plan addressing these two matters and it has
been accepted by the Roads Engineer. 
Waste Storage, Infrastructure, Services, Flood and Water Management 
The only issue of significance relates to the proposed drainage strategy whereby
surface water would be collected at each of the proposed dwellings, attenuated
and then discharged into the combined Scottish Water sewer close to the site. 
The principle of this type of arrangement is not generally supported by Scottish
Water although they mention that they would consider a request for a connection
should special circumstances be demonstrated. 
It is understood that there is an ongoing dialogue between consultants
representing the developer and Scottish Water and, in these particular
circumstances, it is considered that a negatively-worded suspensive condition is
appropriate. 
(Q) Is the application consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission should be granted 
The proposal is considered to be consistent with the relevant provisions of the
Development Plan which comprise National Planning Framework 4 and Local
Development Plan 2 and there are no other material considerations of sufficient
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significance to indicate that it would be appropriate to withhold planning permission
having regard to Section 25 of the Act. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Not applicable. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No   
Author of Report: Steven Gove    Date: 30th August 2024 
Reviewing Officer:  Kirsty Sweeney    Date: 30th August 2024 
Fergus Murray
Head of Development and Economic Growth   
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00564/PP 
Standard Time Limit Condition for Planning Permission (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
1. Unless otherwise directed by any of the conditions below, the development shall be
implemented in accordance with the details specified on the application form dated
22nd March 2024; the Addendum dated 3rd April 2024; supporting information; and the
approved drawings listed in the table below unless the prior written approval of the
Planning Authority is obtained for an amendment to the approved details under
Section 64 of the Town and Country Planning (Scotland) Act 1997. 
Plan Title.  Plan Ref. No. Version Date
Received
Location Plan  Drawing No. 7860/LOC   -  28.03.2024
Existing Site Plan Drawing No. 7860/01 B  04.04.2024
Proposed Site Plan  Drawing No. 7860/02 F 22.08.2024
House Type B   Drawing No. 7860/03 D 28.03.2024
House Type E   Drawing No. 7860/04 D 04.04.2024
Street Elevations as
Proposed  
Drawing No. 7860/05 A 25.03.2024
Existing Below
Ground Drainage
Layout 
Drawing No. 312115-HAH-
XX-XX-D-C-00030
P01 25.03.2024
Existing Below
Ground Drainage
Layout
(Remediation) 
Drawing No. 312115-HAH-
XX-XX-D-C-00031
P02 25.03.2024
Proposed Below
Ground Drainage
Layout 
Drawing No. 312115-HAH-
XX-XX-D-C-00032
P03 25.03.2024
Proposed External
Levels Layout 
Drawing No. 312115-HAH-
XX-XX-D-C-00040
P04 25.03.2024 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
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2. Parking Spaces and Dropped Footways 
Unless otherwise agreed in writing with the Planning Authority, prior to the development
first being occupied, the following works shall be completed in accordance with the
details shown on the approved Drawing No. 7860/02 Rev F ‘Proposed Site Plan’: 
• The parking areas within the curtilage of each dwellinghouse and the visitor
parking spaces shown as V1 and V2 shall be laid out and surfaced and shall
thereafter be maintained clear of obstruction for the parking and manoeuvring
of vehicles 
• The entire length of the footway along Ballochgoy Road between the
westernmost parking bay at Plot 8 and the easternmost parking bay at Plot 5
shall be dropped 
• The entire length of the footway along Prospect Terrace between the
northernmost parking bay at Plot 1 and the southernmost parking bay at Plot 4
shall be dropped 
Reason: In the interests of road and pedestrian safety. 
3. Visibility Splays 
Prior to the occupation of each individual dwellinghouse, sightlines of 42 metres in
both directions, measured from a distance of 2.4 metres back from the edge of the
public road at the centre point of the two in-curtilage parking spaces, shall be cleared
of all obstructions above a height of 1.05 metres from the level of the road and
thereafter maintained as such in perpetuity. 
Reason: In the interests of road and pedestrian safety. 
4. Removal of PD Rights - Dwellinghouses 
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re-
enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the
Schedule to that Order, shall operate so as to permit, within the area subject of this
permission, any development referred to in Part 1 and Class 1D and 2B of the
aforementioned Schedule, as summarised below:  
Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to
its roof. 
Class 2B: Any improvement, addition or other alteration to the external appearance
of a dwellinghouse that is not an enlargement. 
Reason: To prevent the formation of additional window/door openings or dormer
windows which may give rise to a loss of privacy to adjoining property without prior
assessment on application by the Planning Authority; which would otherwise be
capable of being carried out under Article 2(4) of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992 (as amended). 
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5. Secure Affordability by Restricting Development to RSL 
The development hereby permitted shall only be implemented by a Registered Social
Landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act
2001, or any equivalent provision in the event of the revocation and re-enactment
thereof, with or without modification) and shall not enure for the benefit of any other
person, company or organisation. 
Reason: To ensure the provision of affordable housing to the standard required by
the development plan in the absence of any other agreed means of securing such
provision. 
6. Timescale to be Agreed for Completion 
Prior to development commencing, details of the proposed timescale for completion
of the approved development shall be submitted to and agreed in writing with the
Planning Authority. Thereafter, the development shall be implemented in accordance
with the duly approved timescale for completion unless an alternative timescale for
completion is otherwise agreed in writing with the Planning Authority. 
Reason: In order to comply with the requirements of NPF4 Policy 16F. 
7. Electric Vehicle Charging 
Prior to the commencement of the development (or such other timescale as may be
agreed in writing with the Planning Authority), a scheme detailing the provision of a
minimum 7kw electric vehicle charging point shall be submitted to and approved in
writing by the Planning Authority. Where charging cannot be provided then the
appropriate ducting to future proof the property must be installed.  
The approved charging point or, where relevant, the approved cable ducting shall be
installed in full prior to the first occupation of the development, and thereafter retained
in perpetuity unless otherwise agreed in writing by the planning authority  
Reason: to comply with the provisions of NPF4 Policy 13 Sustainable Transport and
LDP2 Policy 34 – Electric Vehicle Charging. 
8. Surface Water Drainage 
No development shall commence on the site until written evidence has been submitted
to the Planning Authority that Scottish Water (or any of its successors as the
organisation responsible for the public waste water treatment system) has authorised
the connection of surface water drainage from the site into the combined sewer. Such
evidence shall include full details of the design of the surface water drainage system
that has been agreed with Scottish Water and the approved arrangements shall be
fully installed prior to the occupation of the dwellinghouses. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
9. Landscape/Surface/Boundary Treatment and Biodiversity Enhancement 
No development shall commence until a scheme of boundary treatment, surface
treatment and landscaping has been submitted to and approved in writing by the
Planning Authority. The scheme shall include details of:
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i) Location, design and materials of proposed walls, fences and gates;
ii) Surface treatment of proposed means of access and hardstanding areas;
iii) Any proposed re-contouring of the site by means of existing and proposed
ground levels;
iv) Proposed hard and soft landscape works including the details of the retaining
walls;
v) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these
benefits will be maintained for the lifetime of the development. 
The development shall not be occupied until such time as the boundary treatment,
surface treatment and any re-contouring works have been completed in accordance
with the duly approved scheme. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity, and to comply with the requirements of NPF4 Policy 3 
10. Construction hours 
In order to minimise, as far as necessary, the level of noise and/or vibration to which
nearby existing residents will be exposed during the erection of the dwellinghouses,
the hours of working in relation to the construction of the development on the site
should be restricted to 08.00 to 18:30 Monday to Friday and 08.00 to 13.00 on
Saturdays. There should be no operations on Sundays or Bank Holidays. All
operations should be undertaken in compliance with best practicable means for noise
and vibration control as documented in BS 5228- 1:2009+A1:2014 and BS 5228-
2:2009+A1:2014. 
Reason: In order to avoid sources of nuisance in the interest of amenity. 
11. Provision of Screening to Prevent Interlooking Between Habitable Room
Windows 
Prior to the occupation of the dwellinghouses identified on the approved plans as Plot
Numbers 7 and 8, details of those screening measures that are to be implemented
along the boundary of the site as it meets with the southernmost curtilage of No. 2
Blain Terrace shall be submitted to and approved in writing by the Planning Authority. 
Such details shall identify the provision of a fence (or similar means of boundary
treatment) that shall ensure there is no direct unobstructed line of sight between the
window on the south-facing elevation of No. 2 Blain Terrace and the windows of any
habitable rooms on the north-facing elevations of the dwellinghouses on Plot Numbers
7 and 8. 
The screening measures shall be fully installed in accordance with the approved
details prior to the occupation of the subject dwellinghouses and shall be maintained
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in a safe and tidy condition thereafter unless the prior written consent of the Planning
Authority is obtained for variation. 
Reason: In the interests of the privacy and amenity of the existing and proposed
dwellinghouses having regard to the relevant provisions of NPF4 and the Argyll and
Bute Local Development Plan 2 and its related Technical Notes. 
12. Installation of Air Source Heat Pump 
Prior to the installation of any air source heat pumps within the development site, full
details of their location and specification shall be submitted to and approved in writing
by the Planning Authority. The noise level from the operation of any air source heat
pumps that are installed must not exceed 42dB LAeq (5 min) at 1 metre from the
window of a habitable room on the façade of any neighbouring residential property. 
If, in the opinion of the Planning Authority, any air source heat pump results in a noise
nuisance to the occupant of any neighbouring dwelling, the Applicant shall install noise
mitigation measures in agreement with the Planning Authority. 
Reason: In order to avoid sources of nuisance in the interest of amenity 
13. Waste Storage 
Prior to the occupation of the dwellings hereby approved, a detailed specification of
the containers to be used to store waste materials and recyclable materials produced
by the dwelling houses as well as specific details of the areas where such containers
are to be located shall be submitted to and approved in writing by the Planning
Authority. 
Unless otherwise agreed in writing with the Planning Authority, the storage of waste
and recyclable materials shall be fully installed in accordance with the approved
details prior to the occupation of each dwellinghouse. 
Reason: In the interest of visual amenity; to ensure that there is adequate storage for
recycling of waste; and to protect the amenity of the immediate area by preventing
the creation of nuisance due to odours, insects, rodents or birds. 
14. Construction Management Plan 
Prior to the commencement of the development hereby approved, a Construction
Management Plan shall be submitted to and approved in writing by the Planning
Authority. The plan shall include the following:  
o Contact details for the contractor 
o The proposed route of construction traffic
o The turning areas and wheel washing areas
o The provision of appropriate signage
o The location of the site compound (if any) and the parking area for vehicles
belonging to site operatives and visitors 
o The location of the storage area (if any) for plant and materials used in the
construction the development 
o The method of working and the measures to be implemented to control the
emission of dust during construction. Such details shall be in accordance
with the methodology outlined in the IAQM guidance on the assessment of
dust from demolition and construction 2014 (version 1.1) 
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o The location of the security fencing   
Thereafter, all works shall be carried out in accordance with the agreed Construction
Management Plan. 
Reason: In order to avoid sources of nuisance in the interests of amenity. 
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INFORMATIVE NOTES 
1. The attention of the applicant/developer is drawn to the contents of the letter from
Scottish Water dated 17th April 2024, which is available for inspection on the Council’s
web site. 
With specific regard to Condition 8 above, it should be noted that Scottish Water have
stated that, other than in limited exceptional circumstances, they will not accept any
surface water connections into their combined sewer system for reasons of
sustainability and to protect existing customers from flooding. In order to depart from
this position on surface water connections, Scottish Water require significant
justification to be prepared and submitted by the applicant/developer. 
It will be for the developer and their engineers to submit their case to Scottish Water.
If this is found to be an unacceptable arrangement, an amended development may
have to be designed or a different surface water drainage system may have to be
formulated. The details of such a scheme will be expected to comply with SuDS and
will be considered by the Planning Authority’s Flood Risk Adviser as required. 
2. Those works to be undertaken on or adjacent to the public road will require a Road
Opening Permit (S56) in advance of being carried out and it will also be necessary for
positive drainage measures to be incorporated into the design of each individual
access to ensure that surface water drainage will not pass on to the footway or
carriageway. The applicant/developer is advised to contact Roads and Amenity
Services on 01546 605514 or to use the following link to the Council's website:
https://www.argyll-bute.gov.uk/licences/road-opening-permit 
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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 24/00564/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
Site and Proposed Development 
The Canmore website (which is compiled and managed by Historic Environment Scotland)
explains that the Ballochgoy area is on a steeply sloping site in the western part of Rothesay
that stretches from Chapelhill in the north, through Columshill, to Barone Road in the south. 
The earliest buildings in Ballochgoy were to the north and date from the late 18th century.
There was expansion in the middle portion during the late 1930s with the development of
planned streets and terraces comprising four-in-a-block local authority housing. In the
southern part, a later phase of local authority housing was built in the 1970s, which comprises
terraced houses and bungalows in a staggered layout centred on Bryce Avenue and
Robertson Drive. 
Between 2005 and 2008, Fyne Homes carried out a major reworking of the 1930s local
authority housing to build homes fit for purpose in the 21st century. The redevelopment of Blain
Terrace, Prospect Terrace, Ballochgoy Road and the western side of Longhill Crescent
involved the demolition of twenty residential blocks (a total of eighty-eight units) and the
erection of thirty-four dwellings. 
This scheme retained the main boundaries of the underlying 1930s plot structure but
redeveloped the plots within these boundaries to create larger units comprising semi-detached
properties with their own gardens rather than the previous four-in-a-block properties sharing
‘back greens’. 
At the time of the redevelopment, Fyne Homes Initiatives (a subsidiary of Fyne Homes)
retained eight plots within the overall development area and these were the subject of
individual Outline Planning Permissions in 2006/2007 and Planning Permissions in Principle
in 2016. None of these permissions were progressed through the submission of detailed
proposals and, as mentioned in Section (D) of this report, six of these plots comprise the
current application site. 
The development site is presently covered by grass and measures an area of 0.23 hectares.
It has frontages to the east with Prospect Terrace and to the south with Ballochgoy Road with
the part along Ballochgoy Road sloping downwards from west to east whilst the Prospect
Terrace end is relatively flat. 
The proposal relates to the erection of four dwellinghouses (two semi-detached blocks) along
the Ballochgoy Road frontage and four dwellinghouses (two detached blocks and one semi-
detached block) along the Prospect Terrace frontage. The buildings would be two storeys in
height; would have a mix of white render and buff brick external wall finish; grey concrete roof
tiles; and grey uPVC windows. 
Vehicular accesses are to be formed to serve in-curtilage parking spaces whilst connection is
to be made to the public water supply and waste water system.    
The assessment of the issues in this section of the report pay due regard to the overarching
NPF4 Policy 1, which seeks to prioritise the climate and nature crises in all decisions.
Guidance from the Scottish Government advises that it is for the decision maker to determine
whether the significant weight to be applied tips the balance for or against a proposal on the
basis of its positive or negative contribution to climate and nature crises. 
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The key issues for consideration are: 
1. Spatial & Settlement Strategy and Principle of Development 
2. Sense of Place and Quality of Design 
3. Natural Environment 
4. Residential Amenity 
5. Access, Parking and Impact on the Local Road Network 
6. Infrastructure and Services 
7. Flood and Water Management 
Spatial & Settlement Strategy and Principle of Development 
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise
lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and
designed to adapt to current and future risks from climate change. 
Guidance from the Scottish Government confirms that at present there is no single accepted
methodology for calculating and / or minimising emissions. The emphasis is on minimising
emissions as far as possible, rather than eliminating emissions. 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and
derelict land and empty buildings and to help reduce the need for greenfield development.
NPF4 Policy 9(a) supports proposals that will result in the sustainable reuse of brownfield land
and, in determining whether the reuse is sustainable, the biodiversity value of brownfield land
which has naturalised should be taken into account. 
NPF4 Policy 15(a) seeks development proposals to contribute to ‘Local Living’ including,
where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to
existing settlement pattern, and the level and quality of interconnectivity of the proposed
development with the surrounding area, including local access to a number of facilities. 
NPF4 Policy 16 seeks to “encourage, promote and facilitate the delivery of more high quality,
affordable and sustainable homes in the right locations” and to provide choice of tenure to
meet diverse housing needs. NPF4 Policy 16 (f) supports new homes on land not allocated
for housing where the proposal is supported by an agreed timescale for build-out; it is
otherwise consistent with the plan spatial strategy and other relevant policies, including local
living; it is consistent with the policy on rural homes; and it represents a smaller scale
opportunity within an existing settlement. 
Policy 01 (‘Settlement Areas’) of the Argyll and Bute Local Development Plan (LDP2) notes
that development will normally be acceptable where, inter alia: 
▪ It involves the redevelopment of a brownfield site 
▪ It is compatible with surrounding uses including, but not exclusively, the provision of
access, service areas and infrastructure for existing, proposed or potential future
development
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▪ It is of an appropriate scale and fit for the size of settlement in which it is proposed 
▪ It respects the character and appearance of the surrounding townscape in terms of
density, scale, massing, design, external finishes and access arrangements 
▪ It complies with all relevant LDP2 policies 
LDP2 Policy 66 (‘New Residential Development On Non–Allocated Housing Sites within
Settlement Areas’) requires that new buildings will only be permitted where: 
o The layout, density, plot ratio, scale, form and materials of any proposed development
do not detract from the character of the surrounding buildings and the local area 
o It does not affect the privacy and amenity of existing and proposed properties 
o The site provides a suitable residential environment 
o It provides appropriate private and public open space and 
o An appropriate standard of access to and parking for vehicles associated with the
development is provided, it does not result in the loss of any existing parking spaces,
and that traffic generated as a result of the development is capable of being
accommodated within the capacity of the existing road network surrounding the
development 
o It is not detrimental to the overall housing land supply of the LDP2 
LDP2 Policy 67 (‘Provision of Housing to Meet Local Needs Including Affordable Housing’)
requires that all new housing developments of 8 or more units will generally be expected to
contribute a proportion of affordable housing and to provide a range of house types and sizes
to meet the local housing needs and demand identified in the Housing Needs and Demand
Assessment for each housing market area. 
Assessment 
The site is located within the ‘Main Town’ of Rothesay as identified in the adopted Argyll and
Bute Local Development Plan (LDP2) and, given that it was previously occupied by flatted
blocks but is now grass, it represents brownfield land that has become naturalised. 
The type of development that is proposed is considered to be compatible within this
established homogenous residential area and it would be a small-scale scheme in the context
of its surroundings. It successfully contributes to ‘Local Living’ by providing homes where the
occupants can meet the majority of their daily needs within a reasonable distance by walking,
wheeling or cycling or using sustainable transport options. Furthermore, it would provide eight
units of affordable housing and agreement on the timescale for build-out can be achieved
through a condition. 
The detailed assessment that follows in this report demonstrates that the proposed
development would preserve the character and appearance of the townscape in terms of use,
density, scale, massing, design, external finishes, access and infrastructure arrangements. 
On the basis of the above, it is considered that there is a general presumption in favour
of the principle of this proposed development in terms of its location, nature and scale
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when assessed against the policy provisions relating to the LDP2 Settlement Strategy
and relevant NPF4 Policy. 
Sense of Place and Quality of Design 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development that
makes successful places by taking a design-led approach and applying the Place Principle. 
NPF4 Policy 14(b) supports development proposals where they would be consistent with the
six qualities of ‘health’; ‘pleasantness’; ‘connectivity’; ‘distinctiveness’; ‘sustainability’; and
‘adaptability’. NPF4 Policy 14(c) does not support development that is poorly designed,
detrimental to the amenities of surrounding areas or inconsistent with the aforementioned six
qualities. 
NPF4 Policy 14 is closely aligned with the provisions of LDP2 Policy 04 (‘Sustainable
Development’) which requires developers to demonstrate certain sustainable development
principles and also Policy 05 (‘Design and Placemaking’) which requires developers to comply
with certain placemaking criteria including: compatibility with surrounding land uses; making
use of existing infrastructure; respecting site topography; improving connectivity; and adopting
design that respects and complements its surroundings and which is sustainable in terms of
materials and construction. 
LDP2 Policy 08 (‘Sustainable Siting’) requires that development integrates into the landscape
or existing built form to minimise detrimental effects on the environment. The siting of a
development should take into account the character of the area in terms of its settlement
pattern, layout and density. It should be positioned within the landscape to make the best use
of solar gain, natural ventilation and shelter from the elements and located within easy access
of existing infrastructure and services. Additionally, any ancillary development such as parking
and turning areas should be sensitively designed and sited. 
LDP2 Policy 09 (‘Sustainable Design’) requires that development proposals demonstrate
consideration of renewable energy and sustainable design & construction methods. LDP2
Policy 10 (‘Design: All Development’) requires demonstration of an appropriate response to
the development site and wider context; an acknowledgement of the scale / massing of nearby
buildings; and the use of materials that are harmonious with the context. 
In relation to sustainability, the application has included the submission of the ‘Sustainability
Checklist’ and the ‘Sustainable Buildings Checklist’ in response to LDP2 Policy 09. The
application responds to the sustainability criteria as follows: 
▪ The proposed modular construction process greatly reduces construction waste
through the accurate quantification and control of materials. The materials are brought
into a controlled factory environment and kept clean, dry and organised for use,
thereby reducing waste and damage particularly as a result of weather. Use of material
off-cuts and recycling of waste and packaging is also made much easier by the
controlled factory environment 
▪ The proposed modular construction process minimises deliveries, material storage
and works on site which vastly reduces the risk of any environmental disruption 
▪ Where possible, the intention will be to procure from the local supply chain for
groundworks; bulk stone; retaining structures; plot works; etc. 
▪ The proposals will utilise a volumetric modular, timber frame structure rather than a
higher embodied material such as a concrete or steel frame solution
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▪ The site is relatively steeply sloping and will, therefore, require works to create level
development plots. A ‘cut and fill’ exercise is being proposed although it is being kept
to a minimum. The development has been designed to work as best as possible with
the existing levels and previously engineered platforms 
▪ The use of retaining walls allows the homes to hunker down into the sloping site to
integrate into the topography. The orientation of the buildings and site layout work with
the natural contours of the site 
▪ The allowance for the installation of a future shower on the ground floor and stair-lift is
in accordance with the technical standards and ‘Housing for Varying Needs’ 
▪ The project supports new ways of working as the houses include home working spaces
that would accommodate a desk and internet access 
▪ The proposed homes have been designed on the site to make the best use of solar
gain, natural ventilation and shelter from the elements through the use of greater
glazing on south facing elevations. These windows open to maximise ventilation and
the homes will be sheltered through the use of retaining walls 
▪ Air source heat pumps will be installed to provide space/water heating which provides
a net-zero carbon at source technology 
▪ Aerated taps are included as a water saving technology 
▪ The refuse strategy for the site will comply with local policy. Bin storage areas within
private gardens will accommodate the necessary number of waste and recycling bins 
▪ Each home includes its own private garden space to allow bicycle storage 
▪ The proposals will align with Building Control requirements in relation to Electric
Vehicle Charging 
Assessment 
Having regard to the built development pattern and densities of the local area, it is noted that
there is a range of scale and design of houses – the semi-detached dwellings surrounding the
site to the north and west that were built by Fyne Homes in the second half of the 2000s and
the older and more substantial four-in-a-block properties located further above the site on St
Bride’s Road and below the site on Longhill Terrace. 
The proposed dwellings will most closely resemble the buildings that the housing association
erected in the upper part of Ballochgoy Road and along Blain Terrace and, in this sense, their
scale, design and finishes are reflective of nearby properties that have been constructed in
the relatively recent past. 
As evidenced by the contents of the checklists provided by the agent, a significant number of
features are incorporated into the development that demonstrate its ‘Sustainability’
credentials, including renewable energy and design & construction methods, which fully
accord with current Development Plan policy. 
On the basis of the foregoing, the proposed development is considered to accord with
the Policies that are referred to in the paragraphs above. 
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Natural Environment 
NPF4 Policy 3 generally seeks to protect biodiversity, reverse biodiversity loss and to deliver
positive benefits from development that strengthens nature networks. It is generally aligned
with LDP2 Policy 73 (‘Development Impact on Habitats, Species and Biodiversity’), although
NPF4 Policy 3(c) goes beyond the LDP2 requirements in relation to the current biodiversity
interests of the site. 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of nature-
based solutions and, insofar as it relates to the location, nature and scale of the current
proposal, it largely aligns with the provisions of LDP2 Policy 73. 
LDP2 Policy 04 (‘Sustainable Development’) seeks to conserve and enhance the natural and
built environment and to avoid significant adverse impacts on biodiversity, natural and heritage
assets. LDP2 Policy 73 ensures that other legislation relating to biodiversity habitats are fully
considered in relation to development proposals; and generally that development does not
have an adverse impact on habitat or species, particularly in relation to habitat or species
designated as being of European, national or local significance. 
The site is located in the Bute Local Landscape Area (LLA) and this designation is a
recognition of locally important physical landforms that are of scenic value. LDP2 Policy 71
seeks to resist development in, or affecting, an LLA where its scale, location or design would
have a significant adverse impact on the character of the landscape and one of the
requirements contained in it is that an application for development within an LLA should be
supported by a landscape and visual impact assessment. 
NPF4 Policy 5 seeks to protect carbon-rich soils, restore peatlands and minimise disturbance
to soils from development. Policy 5(a) only supports proposals if they are designed and
constructed in accordance with the mitigation hierarchy by first avoiding and then minimising
the amount of disturbance to soils on undeveloped land; in a manner that protects soil from
damage including from compaction and erosion; and that minimises soil sealing. 
LDP2 Policy 79 seeks to only support development where appropriate measures are taken to
maintain soil resources and functions to an extent that is considered relevant and
proportionate to the scale of the development. 
Policy 5(b) only supports proposals on prime agricultural land or on land of lesser quality that
is culturally or locally important for primary use providing that they might specific criteria. 
Assessment 
The site presently comprises grassland that has been left vacant since the demolition of the
previous buildings on the site nineteen years ago. No material biodiversity impacts have been
identified in the assessment of this application by the Planning Authority and, in the particular
circumstances of the proposal, no conditions relating to specific measures for biodiversity
enhancement and protection are considered to be necessary. 
The site for the proposed development is not within any of the following: a designated
European site of natural environment conservation or protection; a National Scenic Area; a
SSSI or RAMSAR site; a National Nature Reserve; or a Local Nature Conservation Site. 
Whilst the site is located within the Bute LLA, no formal landscape and visual impact
assessment has been submitted with the application. However, the proposal is for a small
scale residential development that would be viewed in the context of an area of existing
housing. In these circumstances, it is considered that the submitted plans and drawings; the
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completed Sustainability Checklist and Sustainable Buildings Checklist; and the carrying out
of an officer site inspection provide sufficient information to allow an appropriate form of
assessment to be carried out. 
Given its elevated position, the Ballochgoy area can be seen from a number of medium-to-
long distance views, including at ‘street level’ in East Princes Street and Battery Place to the
east and north-east of the town centre and from the higher locations in the eastern part of
Rothesay around Serpentine Road, Canada Hill and the Roseland Holiday Park. 
These views are panoramic in nature and the application site, whilst visible, is a relatively
minor component within a wider landscape. There are variations in the design of buildings in
the Ballochgoy townscape although dark grey roof coverings and white external walls
predominate and the proposed dwellings would reflect this colour scheme. 
In the circumstances set out above, it is considered that the proposal would have a ‘neutral’
effect upon the visual qualities of the wider LLA. 
The site is not within an identified area of peatland, carbon-rich soils or priority peatland habitat
and, in these circumstances, it is considered sufficient that the standard soil management
condition (ensuring compliance with the established best practice set out by DEFRA) is
attached to the Decision Notice. 
The site is within a built-up area and does not have an agricultural land classification. On this
basis, it is not considered that the proposal would result in the loss of land that is “culturally or
locally important for primary use”. 
On the basis of the foregoing, the proposed development is considered to accord with
the Policies that are referred to in the paragraphs above. 
Residential Amenity
LDP2 Policy 08 (‘Sustainable Siting’) requires that proposals should integrate into the
landscape or existing built form to minimise detrimental effects on the environment taking into
account a number of factors, including the careful siting of development to avoid
overshadowing or overlooking of itself or other properties. 
Section 2.0.3 of TN06 ‘Sustainability Technical Note and Checklist’ includes the following
comments:  
“No main window of a habitable room (i.e. all rooms except bathrooms and hallways) within a
dwelling shall overlook (directly face) the main windows of habitable rooms in neighbouring
dwellings at a distance of less than 18 metres … These standards may be relaxed where the
angle of view or the design (i.e. use of frosted glass) of the windows allows privacy to be
maintained.” 
Assessment 
In respect of potential interlooking, the first issue is that the south-facing gable of 2 Blain
Terrace has a kitchen window and it would be located approximately 16 metres from the north-
facing (rear) gable of the dwellings shown for Plots 7 and 8, which is shown as having windows
serving bedrooms on the upper floor and windows and glazed doors serving a lounge on the
ground floor. 
This matter was drawn to the attention of the agent and, in their e-mail dated 17th July, they
have suggested that a solution would be for a condition to be attached requiring a 1800mm
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high close boarded timber fence to be erected on an agreed route along the boundary between
the existing and proposed houses. They have confirmed that Fyne Homes own the existing
and proposed properties and, therefore, would be able to control this requirement. 
The second issue is that the north-facing gable of the existing Nos. 7 and 8 Lilyoak Terrace
has two windows that face toward the south-facing gable of the proposed dwelling on Plot 4
and these would be 14 metres apart. 
Whilst no windows are currently shown on the south-facing gable of Plot 4, the rooms at this
side of the proposed dwelling are all ‘habitable’ and, as a result of householder ‘Permitted
Development’ rights, Planning Permission would not be needed if, at some point in the future
when the buildings had been constructed, new window or door openings were to be installed
in this elevation. 
The layout of the proposed development itself could also result in potential situations where
new windows serving habitable rooms could face each other at a distance of less than 18
metres. 
In their e-mail dated 17th July, the agent has confirmed that Fyne Homes are content for the
attaching of a condition that withdraws the ‘Permitted Development’ rights associated with the
creation of new window and door openings such that the approval of the Planning Authority
would be required in advance of this type of work taking place. 
On the basis of the foregoing, and subject to the attaching of suitably-worded conditions, the
proposed development is considered to accord with the Policies that are referred to in
the paragraphs above. 
Access, Parking and Impact on the Local Road Network
NPF4 Policy 13 generally seeks “to encourage, promote and facilitate developments that
prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the
need to travel unsustainably”. 
More specifically, NPF4 Policy 13(b) supports developments where it can be demonstrated
that the transport requirements generated have been considered in line with the sustainable
travel and investment hierarchies and where appropriate they, inter alia:  
• Provide direct, easy, segregated and safe links to local facilities via walking, wheeling
and cycling networks before occupation 
• Will be accessible by public transport, ideally supporting the use of existing services 
LDP2 Policy 32 largely aligns with the provisions of NPF4 Policy 13 in terms of ensuring that
new development is sustainably located with regard to local services and public transport
routes and has safe links with active travel networks. 
LDP2 Policy 34 requires the provision of electric vehicle charge points or the installation of
infrastructure with the potential to accommodate charge points in future. All new-build houses
with private off street parking are required to install dedicated cable ducting connecting each
private residential parking space to the nearest electricity supply connection point capable of
supporting the installation of a 7 kW EV charging point. 
LDP2 Policy 35 advises that the acceptance of development utilising new and existing public
roads, private roads and private access regimes is subject to road safety and street design
issues being addressed to the satisfaction of the Roads Authority and the Planning Authority.
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LDP2 Policy 36 considers that new private accesses forming an individual private driveway
serving a single user development may be acceptable where they do not, in the view of the
Planning Authority, generate unacceptable levels of traffic in relation to the access regime. 
LDP2 Policy 39 sets out construction standards for new private accesses in order to function
safely and effectively. This includes reference to visibility, geometry, gradients, widths, etc. 
LDP2 Policy 40 requires the provision of off-street parking to Council approved standards
relative to the type of development as set out in Table 5. For housing (Use Class 9), the
requirement is two spaces for a two-three bedroom unit or three spaces for a four-bedroom
(or more) unit. 
Assessment
In terms of active travel principles, the development site is located within the existing town of
Rothesay and the bus services 491 and 492 run along Ballochgoy Road directly in front of the
proposed dwellings. The nearest bus stop is less than 10 metres from the front door of Plot 6. 
The location is appropriate in terms of connecting into existing active travel networks such as
walking, wheeling and cycling. The provision of a vehicle charging point, or the infrastructure
to allow its installation at a future date, can be secured by means of a planning condition. 
As regards access and parking, it is proposed that each dwellinghouse would have an
individual driveway onto the public road that would serve two or three in-curtilage parking
spaces appropriate to the number of bedrooms in the property. 
The Area Roads Engineer initially commented that the two parking spaces to be provided for
the dwelling at Plot 8 were excessively close to the junction of Ballochgoy Road and Blain
Terrace and, in that position, would present a road safety risk. 
In response, the agent has submitted a revised plan identifying the relocation of the parking
bays for Plots 7 and 8 in an easterly direction with the first bay to be positioned 11.5m (or
thereby) from the heel kerb of Blain Terrace. The Area Roads Engineer has confirmed that
this amended arrangement satisfactorily addresses the concern that he had expressed.   
The second matter raised by the Roads Department was that, for the convenience of
pedestrians / wheelers, those footways that would be contiguous with each of the off-street
parking spaces should be dropped across their full length rather than having repeated
transitions. The agent has confirmed that Fyne Homes are content with this recommendation
and the revised plan includes the recommended adjustment. 
A condition has also been recommended by the Roads Department in respect of the formation
and maintenance of 42 metre sightlines in both directions at each of the individual in-curtilage
parking spaces. 
On the basis of the foregoing, and subject to suitably-worded conditions and informative notes,
the proposed development is considered to accord with the Policies that are referred
to in the paragraphs above.
Waste Storage/Collection, Infrastructure and Services 
NPF4 Policy 12(c) expects that those developments that are likely to generate waste when
operational (including residential, commercial, and industrial properties) should incorporate
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measures to minimise the cross-contamination of materials through the appropriate
segregation and storage of waste together with convenient access for the collection of waste. 
Policy 63 of LDP2 explains that developments shall make effective land use and layout
provision for the storage, separation, recycling, composting and collection of waste. 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach to
land use planning, which puts infrastructure considerations at the heart of place making. 
Policy 18(b) advocates that the impacts of development proposals on infrastructure should be
mitigated and that they will only be supported where it can be demonstrated that provision is
made to address the impacts on infrastructure. 
NPF4 Policy 22 seeks to strengthen resilience to flood risk by promoting avoidance as a first
principle and reducing the vulnerability of existing and future development to flooding and one
of the policy outcomes is that water resources are used efficiently and sustainably. 
Policy 22(d) supports the connection of new development to a public water supply but states
that, if connection is not feasible, the applicant will need to demonstrate that water for drinking
purposes will be sourced from a sustainable water source that is resilient to periods of water
scarcity. 
Policy 60 of LDP2 explains that connection to the public sewer as defined in the Sewerage
(Scotland) Act 1968 will be a prerequisite of planning permission for development proposals
in all settlements where there is a public sewer available. 
Assessment 
The proposed development is likely to generate waste when the dwellinghouses are occupied
and, as this part of Ballochgoy already benefits from regular waste uplifts by the Council, it is
expected to comply with the Local Authority’s adopted and enforced recycling and reuse
strategy. The application shows an area within the grounds of each dwellinghouse for the
accommodation of the necessary number of waste and recycling bins and finalised details of
these arrangements are sought through a condition. 
The proposed development is to be connected to the public water supply and the public waste
water treatment system. Scottish Water has confirmed that there is currently sufficient capacity
to service the development in the Dhu Loch Water Treatment Works and for a foul only
connection in the Rothesay Waste Water Treatment Works although further investigations
may require to be carried out once formal applications are submitted to them. 
On the basis of the foregoing, the proposed development is considered to accord with
the Policies that are referred to in the paragraphs above. 
Flood and Water Management
NPF4 Policy 22 seeks to strengthen resilience to flood risk by promoting avoidance as a first
principle and reducing the vulnerability of existing and future development to flooding and one
of the policy outcomes is that places are resilient to current and future flood risk.
NPF4 Policy 22(c) seeks to ensure that proposed developments will not increase the risk of
surface water flooding to others, or itself be at risk; will manage all rain and surface water
through sustainable urban drainage systems (SUDS); and will seek to minimise the area of
impermeable surface. There should also be a presumption against surface water connection
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to the combined sewer. 
LDP2 Policy 61 seeks to ensure that development proposals manage all rain and surface
water through sustainable urban drainage systems (SuDS), which should form part of and
integrate with proposed and existing blue-green infrastructure. All SuDS features should be in
accordance with the Principles of The SuDS Manual (C753). 
LDP2 Policy 62 relates to Drainage Impact Assessments and it states that developers will
require to demonstrate that all development proposals incorporate proposals for SuDS
measures in accordance with technical guidance. In association with applications for certain
categories of development, a Drainage Impact Assessment (DIA) should be submitted and
one of these categories involves the erection of six or more new dwellinghouses. 
Assessment 
The application has been accompanied by a ‘Drainage, SuDS and Surface Water
Management Plan’ prepared by Harley Haddow in November 2023 and revised in June 2024.
A summary of the main points is as follows: 
▪ A review of the SEPA interactive flood maps indicates that the development is not at
risk of any fluvial (river), pluvial (surface water) or coastal flooding whilst a brief review
of the Future Flood Maps on the SEPA Flood Map Data also shows that there is no
future risk of river or coastal flooding at this point. No other information has been found
at this time to indicate that the development is at risk of flooding from any other
sources. 
▪ Surface water discharge for the proposed development is set to enter the combined
sewer that runs along Ballochgoy Road and Prospect Terrace with an individual
connection for each dwelling. Surface water will be treated using porous paving before
exiting the site boundary and connecting into the existing Scottish Water network. 
▪ SuDS are a sequence of management practices and control structures designed to
drain surface water in a more sustainable fashion than “conventional” techniques. The
requirement for SuDS to account for the quantity and quality of surface water is an
intrinsic part of the planning process and all new developments. 
The SuDS proposal for this site involves conveying the surface water run-off from roofs
to the proposed outfall via down pipes and gravity surface water drainage. Surface
water flows from hard standing areas will be conveyed via gullies and permeable
paving. The treatment will be provided by a proposed at source permeable paving,
filter areas to treat roof and carriageway runoff. SuDS proposals for this development
have been designed in accordance with the SuDS Manual C753. 
▪ Maintenance of SuDS systems should be carried out in accordance with
manufacturer’s guidelines and the SuDS Manual C753. A proposed SuDS
maintenance strategy is proposed in the Harley Haddow report and should be
implemented by Fyne Homes through a suitable maintenance contact or factoring
agreement. 
In their consultation response, Scottish Water have stated that, for reasons of sustainability
and to protect customers from potential sewer flooding, there are only limited exceptional
circumstances where they would allow surface water connection into a combined sewer.
These would be for brownfield sites where there was significant justification from the customer
(i.e. developer) taking into account various factors including legal, physical and technical
challenges.
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Scottish Water advocate that they should be contacted by developers at the earliest
opportunity (prior to submitting a connection request) with strong evidence to support the
intended drainage plan. A robust assessment is then carried out and a decision is provided
that reflects the best option from environmental and customer perspectives. 
In subsequent correspondence with Harley Haddow consultants, it has been confirmed that a
full application has been progressed with Scottish Water, which is at Technical Approval stage
and is based on the drainage proposals identified in their ‘Surface Water Management Plan’
document. They have advised that this is awaiting the client progressing with the Technical
Approval and they are likely to be holding off until they hear more regarding a decision on the
Planning application. 
Circular 4/1998 provides information and guidance on the use of conditions in Planning
Permissions and it explains that, in cases where outcomes are required to facilitate the
implementation of a development and they need the consent or authorisation of a third party,
it may be possible to achieve this by attaching a condition that is worded in a negative form,
prohibiting any development taking place until the specified action has been taken. 
It also refers to case law where it was established that “the mere fact that a desirable condition,
worded in a negative form, appears to have no reasonable prospects of fulfilment does not
mean that Planning Permission need necessarily be refused as a matter of law. Thus, while
an authority will continue to have regard to all relevant factors affecting a planning application
and whether it should be granted with or without conditions, there is no longer a legal
requirement to satisfy a reasonable prospects test in respect of any negative condition they
may decide to impose”. 
In respect of the current application, therefore, even if there were “no reasonable prospects”
that Scottish Water would allow surface water connection to the combined public sewer, it is
considered that the appropriate approach is to attach a negatively-worded suspensive
condition that prevents development from commencing until such time as written evidence has
been submitted confirming authorisation from Scottish Water. 
If it wasn’t ultimately possible for the developer to obtain this authorisation but an appropriate
on-site surface water system was subsequently devised that didn’t result in a substantial
change to the approved development, an application would then have to be submitted to either
remove or revise the wording of the condition. If the proposal needed to be significantly revised
in order to accommodate an on-site system, a fresh application for Planning Permission is
highly likely to be needed. 
On the basis of the foregoing, and subject to a suitably-worded safeguarding condition and
informative note, the proposed development is considered to accord with the Policies
that are referred to in the paragraphs above. 
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Site
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office (C) Crown Copyright 2009. Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or Civil Proceedings. OS License No.100023368, 2010.
°
Date: 04.09.24
Location Plan relative to 24/00564/PP
Erection of 8 affordable dwellinghouses and formation
of vehicular access, Vacant land at junction of
Ballochgoy Road and Blain Terrace, Rothesay
Scale: 1:1,250Drawn By: kmk
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Page 203

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: 24/01153/PP
Planning Hierarchy: Local 
Applicant: Ms Liz Maxwell 
Proposal: Demolition of existing dwellinghouse and erection of replacement
dwellinghouse and associated works
Site Address:  Comraich, Mannal, Isle of Tiree 
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 
• Erection of dwellinghouse 
• Installation of septic tank 
• Formation of parking spaces 
(ii) Other specified operations 
• Demolition of dwellinghouse
• Connection to public water main 
(B) RECOMMENDATION: 
It is recommended that planning permission be granted subject to the conditions and
reasons appended to this report. 
(C) CONSULTATIONS:   
Argyll and Bute Council – Roads Authority 
Report dated 03/07/24 advising no objection to the proposed development subject
to a condition being imposed on the grant of permission to secure parking and
turning for 2 vehicles. 
Argyll and Bute Council – Conservation Officer 
Letter dated 19/07/24 advising, in summary, no objection to the proposed
development.  The detailed comments submitted by the Conservation Officer are
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discussed in detail in the main assessment of the proposal within Appendix A of this
report. 
Argyll and Bute Council – Environmental Health Service 
No response at time of report. 
Scottish Water 
Letter dated 05/07/24 advising no objection to the proposed development which
would be served from the Tiree Water Treatment Works.  Scottish Water further
advise that there is no public waste water infrastructure within the vicinity of the site
and therefore private arrangements will be required. 
Tiree Community Council 
Letter dated 19/08/24 advising that the Community Council has agreed to support
the application, stating that they are following the Community Council’s mission
statement to grow the resident population of the island.  They further advise that this
reflects the view of those who commented who are on the island’s electoral roll who
supported the application. 
Consultation responses are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(D) HISTORY:   
23/01717/PP
Demolition of dwellinghouse and erection of replacement dwellinghouse, installation
of septic tank and formation of parking spaces – Pending Consideration 
23/00133/PP
Demolition of dwellinghouse and erection of replacement dwellinghouse, installation
of septic tank and air source heat pump – Withdrawn: 18/04/23 
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 01/08/24. 
(F) REPRESENTATIONS:   
At the time of writing, representations had been received from 39 respondents in
relation to this planning application. 25 respondents raise objection and 14 provide
support. 
OBJECTION 
Mrs Julie Bissell, High House, Halstead Road, Sible Hedingham, C09 3RJ (26/07/24)
Caroline Stickland – by e-mail only (20/07/24) 
Lucy Campbell – by e-mail only (19/07/24)
James Maxwell – by e-mail only (19/07/24) 
Catriona Stickland – by e-mail only (18/07/24) 
Mr Andrew Payne, 6 Jellicoe Gardens, Cardiff (17/07/24)
Miss Carol Wilson, 29 Loudon Gardens, Renfrewshire, PA58 HB (16/07/24)
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J.E. Guest, Tyddyn Grugor, Llangoed, Anglesey, LL58 8SD (15/07/24)
Mr Christopher Stickland, 0/2 8 Whitefield Road, Glasgow, G51 2YD (14/07/24)
Mrs Sara Mason, Lane Cottage, Amberley, Stroud, GL5 5AB (14/07/24)
Gary Nicholson – by e-mail only (12/07/24)
V. Caratozzolo – by e-mail only (11/07/24)
Mrs Jennifer Trevillion, Shionnachan, Inverness, IV6 (11/07/24) 
Mr William Colvin, Shionnachan, Stratnacro, Drumnadrochit, IV6 (11/07/24)
Mrs Roberta Lang, 59 Union Street, Kirkintilloch, G66 1DL (11/07/24)
Robert (Bob) Stickland – by e-mail only (10/07/24, 22/07/24, 14/08/24 & 21/08/24)
Hardip Devsi – by e-mail only (10/07/24)
Russet J. Fullarton, Bayview, Scarinish, Isle of Tiree (10/07/24)
Gurmeet Ghatoray, 3 Smith Gardens, Bishopbriggs, G64 1FJ (10/07/24)
Martin Shields, Ballagan Lodge, Strathblane, G63 9AE (10/07/24) 
Mrs Kathleen White, 1 Free Street, Ilchester, BA22 8LY (10/07/24)
Doctor Alan K.Stone – by e-mail only (09/07/24)
Mrs Stone – by e-mail only (09/07/24)
Mrs Gurpal Stickland – by e-mail only (09/07/24)
William Stickland – by e-mail only (08/07/24) 
SUPPORT 
Mrs Kate Maccallum, 17 Balevullin, Isle of Tiree, PA77 6XD (22/07/24)
Monica Smith, 14 Crossapol, Isle of Tiree, PA77 6UP (30/07/24)
Mr Stuart Smith, 14 Kenovay, Crossapol, Isle of Tiree (25/07/24)
Mr Calum MacLean, Sgarbh Cleit View, Mannal, Isle of Tiree, PA77 6UB (23/07/24)
Mrs Jackie Jones, Taobh-na-Mara, Balemartine, Isle of Tiree, PA77 6UA (23/07/24)
Ms Christine Murray, Sgoire Brrac, Dungarthill, Dunkeld, PH8 OJE (19/07/24)
Mrs Alison Clark, Mannal House, Mannal, Isle of Tiree, PA77 6UB (19/07/24)
Mr David Clark, Mannal House, Mannal, Isle of Tiree, PA77 6UB (19/07/24)
Mrs Christina Milne, 1 Pier View, Scarinish, Isle of Tiree, PA77 6AB (18/07/24)
Mrs Catriona Cowling, Clachan-Dubh, Barrapoll, Isle of Tiree, PA77 6XJ (18/07/24)
Mrs Anne Forsyth, Burnside, Mannal, Isle of Tiree, PA77 6UB (18/07/24)
Mrs Fiona Green, 5 Mannal, Isle of Tiree, PA77 6UB (18/07/24) 
Mrs Gillian Steel, 6 Lochside Avenue, Bishopton, PA7 5FZ (14/07/24)
Mr Colin Donald, Iona View, Crossapol, Isle of Tiree, PA77 6UP (13/07/24) 
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. 
The applicant’s Agent has submitted a detailed response to the objections received.
This document is titled ‘CH1087 Response Letter’ and is dated 15th August (received
16th August) and is also available to view via the Public Access section of the
Council’s website. 
(i) Summary of issues raised – Objection 
Siting, Design and Finishes of the Development 
• ‘Comraich’ and ‘Myrtle Bank’ are two traditional blackhouse style cottages
connected to each other via a party wall that would require to be
demolished which would ruin the overall appearance and the character of
the two buildings which, together, form an aesthetically pleasing pairing
which contribute immensely to the overall character of the area. 
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• Should permission be granted, the special character of these two
traditional semi-detached and historically important properties would be
lost and the visual appearance of ‘Myrtle Bank’ adversely affected. 
• The footprint of the proposed dwellinghouse is significantly larger than
that of ‘Comraich’ as currently existing. 
• The proposal incorporates metal roofs, in two different colours, which are
not in keeping with the traditional felt found on surrounding buildings. 
• The proposed patio windows to the front of the property are not a
traditional feature found in surrounding buildings. 
• Whilst the proposed ‘traditional’ part matches the ridge height of ‘Myrtle
Bank’ the roof ridge line of the contemporary part does not.  The ridge
height of the contemporary part is approximately 1.4 metres higher than
‘Myrtle Bank’ making ‘Myrtle Bank’ look insignificant.   
• The contemporary part is also considerably higher than all the immediate
surrounding properties of ‘Seaview’, ‘Stevie’s Cottage’, ‘The Sheiling’ and
‘Taobh na Mara’. 
• The size and height of the proposed building will have an adverse impact
on the character of the existing traditional properties in Mannal which will
be tainted and the area degraded. 
• A perfectly liveable property, for permanent occupation, could be built,
there is no reason for it to be so large.  A different design that is smaller
and much more in keeping with its neighbour, ‘Myrtle Bank’, should be
produced. 
• The previous renovations of ‘Myrtle Bank’ demonstrate that repair, in a
sustainable and environmentally responsible form, is possible on the
existing footprint. 
• Whilst there is support for the redevelopment of ‘Comraich’ to provide a
property for permanent occupation, the overall scale, design and finishing
materials proposed in the current application are out of keeping with the
area failing to reflect the historic appearance of the original cottage and
the surrounding blackhouses.   
• The proposal is contrary to Local and National Planning Policy. 
Officer Comment:  These comments are noted by the Planning Officers. 
The proposal is fully assessed against the relevant Local and National
Planning Policy in the assessment of the proposal within Appendix A of this
report.   
Procedural Issues / Conservation Officer Consultation Comments 
• Planning Officers state, in an e-mail to the agent on 25/04/24 that unless
the previous application (23/01717/PP) is changed it would be
recommended for refusal. 
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Since that time, the application has been changed, however the proposal
has been made significantly larger than before. The footprint of the latest
proposal has been increased from 110sqm to a much larger 129 sqm. 
There is confusion over the Conservation Officers acceptance of the
current scheme, when previously the mass and height of the proposal
were such important issues. It bears little resemblance to the existing
building, being considerably larger, and even bigger after the
conservation officer’s attempt to be helpful by increasing the footprint to
allow a single storey option. It is totally out of place with the surrounding
properties and still dwarfing ‘Myrtle Bank’. 
• No documented evidence exists to suggest that the Planning Department
or Conservation Officer would agree to the development proposed in the
current application. 
Officer Comment: It is not uncommon for two planning applications to run
in tandem.  Should permission for the current proposal be granted, the
previous application is expected to be withdrawn. 
Verbal discussions took place between Planning Officers, Conservation
Officer and Agent which informed the design solution proposed in the current
application.  The design is discussed in more detail in the main assessment
of the proposal within Appendix A of this report. 
The comments relating to the comparative sizes and massing of the existing
dwellinghouse, the original proposal and the current proposal are somewhat
misleading. The existing dwellinghouse has a footprint area of 72.8 square
metres with all of the internal accommodation contained on the ground floor
level. The previously submitted application (undetermined and expected to
be withdrawn depending upon the outcome of the current application)
proposed a replacement three bedroom dwellinghouse with a footprint area
of 110 square metres and with accommodation within the roof void above
almost the entirety of the ground floor area. The current application, the
subject of this report, proposes a three bedroom dwellinghouse with a slightly
larger 121 square metre footprint but with a narrower gable and the first floor
accommodation limited to part of the roof void such that a substantial part of
the proposed dwellinghouse now has a lower ridge height to match that of
the adjacent cottage ‘Myrtle Bank’. 
Building and Construction Standards Relating to Demolition 
• Whilst the cottage is in a poor state, it is not at risk of collapse.  The
existing stone walls are not in any works state than those at ‘Myrtle Bank’
were when it was renovated a number of years ago. 
• The current proposal will require complete demolition, separation and
rebuilding, which will have an adverse impact on the structural stability of
‘Myrtle Bank’.   
• There is lack of detail as to how the demolition of ‘Comraich’ will affect
‘Myrtle Bank’, therefore, should planning permission be granted, the
following conditions should be imposed: 
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“The finished gable end wall of Myrtle Bank should include sloping hips
which slope away from the roof at the chimney end, similar to the existing
building. 
The end wall should be made to be structurally sound and wind and
watertight and the finished gable end wall should be smooth rendered with
waterproof render to match the existing cottage. 
The loss of material at the join between the two properties should be
professionally assessed and replaced with, at the very least, the thermal
equivalent in the newly separated wall of ‘Myrtle Bank’. 
Demolition will cause noise, nuisance, and possible danger to the
inhabitants of ‘Myrtle Bank’ and surrounding properties, therefore, this
work should be undertaken between the months of October and March
when it may be arranged for ‘Myrtle Bank’ to be unoccupied to minimise
risk. 
The gap between the new end wall of ‘Myrtle Bank’ and the new end wall
of ‘Comraich’ should be sufficient to allow routine maintenance and
painting of the end wall of ‘Myrtle Bank’.  
Stonework and debris should be taken off site and not 'dumped' on the
beach with the footpath kept intact and clear”. 
• Building and construction standards relating to the demolition of the
property and the appropriate financial and legal allowances would require
to be considered to mitigate any structural defects of the remaining
property. 
• Comraich provides support to ‘Myrtle Bank’, therefore, details are required
to show how mitigation are, or will be, in place to ensure that the remaining
property’s gable wall will be supplemented with support to secure its long
term integrity. 
• A Structural Engineers SCR design certificate will act as a suitable liability
for the design of new property and the protection of the remaining
property. 
• Architect and structural engineer liabilities should be clearly articulated
with a clear indication of the routes to litigation for any potential issues
within 5 years of completion. 
• After demolition, appropriate measures would require to be put in place to
ensure that Myrtle Bank remains wind and water tight. 
Officer Comment:  The points relating to demolition will be fully considered
by the Council’s Building Standards Services at the time when a Demolition
Warrant is applied for.  The applicant will require to ensure that any
demolition is undertaken in accordance with the requirements of the Building
Standards Service and it will be the applicant’s responsibility to ensure that
‘Myrtle Bank’ remains wind and water tight throughout any development. 
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Furthermore, during the Building Warrant process for the replacement
dwellinghouse, there will be the requirement for a Structural Engineers
Certificate to be submitted which will address details regarding separation,
making good the existing wall and details of temporary support measures
required during the construction period. 
The above details will all require to be agreed with the Building Standards
Service prior to any works commencing on the development. 
Legal Issues 
• The title deeds of both properties would need to be updated to ensure that
boundaries and access rights are defined. 
• The applicant proposing the new property should surrender the land
adjoining ‘Myrtle Bank’ by at least 1.5 to 2 metres.  This would enable
maintenance of the ‘Myrtle Bank’ gable wall and for sufficient space for
scaffolding and other maintenance equipment. 
• All legal costs should be met by the applicant. 
Officer Comment:  Legal issues relating to land ownership and changes to
title deeds do not represent material planning considerations, these are
separate civil issues outwith the planning process to be addressed between
affected parties. 
Impact on Neighbouring Properties 
• The proposal will have an adverse impact on the desirability for people to
stay in many of the properties in Mannal which are let out as self-catering
properties, particularly during the demolition and construction period.   
• The proposal would not be visually pleasing when viewed from within 
‘Stevie’s Cottage’ and ‘Seaview’.  
Officer Comment:  The proposed development is considered acceptable to
the site and its immediate surroundings and has been developed in
consultation with the Council’s conservation officer. 
Biodiversity 
• The proposal, by virtue of its increased footprint and proposed parking
area, will disrupt existing biodiversity unnecessarily. 
Officer Comment:  The proposed development is situated within a
‘brownfield’ site where there are no current biodiversity issues. Should
permission be granted, a condition is proposed to secure biodiversity
enhancement and protection measures proportionate to the scale of
development proposed. 
Location of Septic Tank 
• The septic tank is unfavourably close to the public access to the local
beach. 
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Officer Comment: The application proposes to replace the existing septic
tank, in the same position.  The Council’s Building Standards Service will
apply sufficient control over the detailed arrangements of the septic tank and
soakaway to ensure no amenity or health issue arises. 
Historic Environment Scotland (HES) 
• HES were in the past insistent that the traditional structures should be
retained. 
• Although not listed, ‘Comraich’ and ‘Myrtle Bank’ are subject to a live
listing proposal currently with HES for consideration. 
Officer Comment:  Whilst these comments are noted, the dwellinghouse is
not currently a Listed Building and HES have advised that they will not
consider the building for potential listing given the current planning
application.  Nevertheless, given the historic nature of the property,
comments were sought from the Council’s Conservation Officer, details of
which are discussed in the assessment of the proposal within Appendix A of
this report. 
Condition of Existing Building 
• Section 5 of the Design Statement is an admission of guilt that the
property has been deliberately left in a state of disrepair to ensure that it
becomes uninhabitable.  The Council have powers under the Building
(Scotland) Act 2003, Planning (Scotland) Act 2019, Local Development
Plan Policies and Enforcement Notices to ensure buildings are
maintained. 
Officer Comment: The property in question is not a Listed Building and
therefore the Planning Authority does not have any formal method of
ensuring that the building is kept in an appropriate manner.  Planning Officers
are not in a position to comment on the Building (Scotland) Act 2003. 
Important Tourist Destination 
• Mannal is an important tourist destination and the proposal, if approved,
would introduce a large, grotesque structure, not in keeping with the area
and making Mannal a less desirable place for people to stay. 
Officer Comment: This comment is noted by Planning Officers. Tiree is
also, primarily, a place of permanent residence and work with one of the key
outcomes of both local and national planning policy being to secure
appropriate sustainable growth and to reverse population decline to address
the nationwide ‘housing emergency’.  The visual impact of the proposed
development is fully assessed in the main assessment of the proposal with
Appendix A of this report. 
(ii) Summary of issues raised – Support 
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• Out of the 18 properties in Mannal, only 3 are occupied by permanent
residents. 
• The proposal is to provide a new home for a family wishing to return to
live on Tiree, on the site of the original family home lived in by the same
family since it was first constructed and who are unable to do so due to
the dwellinghouse in its current state being uninhabitable and in need of
rebuilding. 
• For the dwellinghouse to be suitable for permanent occupation, rather
than a holiday home, then of course the footprint needs to be bigger. 
• The balance of permanent homes needs to be addressed, Tiree needs
more people living on the island full time without obstacles being put in
their way. 
• Should people choose not to visit Mannal as a result of this proposal, then
so be it, it is much more preferable to have permanent residents living in
habitable buildings and consequently making a positive contribution to the
island. 
• It is hard to accept that comments from people who come to the island for
a couple of weeks a year can affect the choices of people who wish to live
on the island permanently. 
• The proposal will enhance the village of Mannal where there is a wide
variety of designs, not all of traditional appearance. 
• Change shouldn’t be seen as a bad thing, especially if it repopulates an
island with permanent residents. 
• The proposal will provide a more modern version and evolution of Tiree
townships seen throughout the island. 
• Some of the objectors to the application have no connection with Tiree
and have been canvassed to complain by one individual, something which
is considered to be unfair, unacceptable and irrelevant. 
• It is hoped that timing of the building will be allowed to take place
whenever the weather allows, after all it is just a temporary inconvenience
to surrounding dwellings. 
• Regarding the concerns about the wall and chimney of ‘Myrtle Bank’ could
this have anything to do with the amount of wall being removed to
accommodate a multi fuel stove? 
• It is noted that no residents of Mannal have objected to the application. 
Officer Comment:  These expressions of support are noted by Planning
Officers.  The siting and design of the proposed development is fully
assessed against the relevant planning policies in the assessment of the
proposal within Appendix A of this report. 
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(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 
A Design Statement has
been submitted in
support of the proposed
development which is
discussed in more detail
in the main assessment
of the proposal within
Appendix A of this report. 
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist 
The relevant Sustainability Checklists have been
submitted and examined. It is the assessment of the
Case Officer that the applicant has understood and
given adequate consideration to the sustainability
aspects of the proposed development, sufficient to
accord with the core sustainability requirements of both
national and local planning policy, specifically the
relevant details of the ‘Sustainable Places’ group of
policies within NPF4 and LDP2 policies 04, 08 and 09.
☒Yes ☐No
☒Yes ☐No  
(v) A report on the impact of the proposed
development e.g. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐Yes ☒No 
(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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(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 7 – Historic Assets and Places
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 11 – Energy
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management 
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 Infrastructure
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment 
Connected Places 
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road
Policy 40 – Vehicle Parking Provision
Policy 43 – Safeguarding of Aerodromes 
Sustainable Communities
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Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
Homes for People 
Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 74 – Development Impact of Sites International and National Importance
Policy 75 – Development Impact of Sites on Sites of Special Scientific Interest
(SSSIs) 
(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
• Planning History
• ABC Technical Note – Biodiversity (Feb 2017)
• ABC draft Technical Note – Argyll and Bute Windows (April 2018)
• ABC Isle of Tiree Sustainable Design Guidance 
• TN06 Sustainability Technical Note and Checklist (Oct. 2023)
• TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023)
• ABC Housing Needs and Demand Assessment
• ABC Housing Emergency Statement 
(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 
In deciding whether to hold a discretionary hearing Members should consider:  
• How up to date the Development Plan is, the relevance of the policies to the
proposed development, and whether the representations are on development
plan policy grounds which have recently been considered through the
development plan process. 
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• The degree of local interest and controversy on material considerations, together
with the relative size of community affected, set against the relative number of
representations and their provenance. 
At the time of writing, representations have been received from 39 respondents in
relation to this planning application. 25 respondents raise objection and 14 submit
support. 
The main thrust of objection relate to the scale, design and finishes of the proposed
development. 
The agent has worked closely with Planning Officers and the Conservation Officer
to secure a mutually acceptable design which is sympathetic to the site and its
surroundings. 
It is the opinion of Planning Officers that the representations received, together with
officer assessment of the relevant planning issues contained within this report,
provide all the information required to enable Members to make an informed
decision based on all of the material planning considerations in this case. 
In this instance it is not considered that the objections raise any complex or technical
issues that have not been addressed in the current Report of Handling and it is not
considered that a discretionary local hearing would add value to the planning
process. 
The determining factor in the assessment of this application is whether the proposed
development is consistent with the provisions of the adopted National Planning
Framework 4 and Local Development Plan 2 and whether the issues raised by third
parties raise material considerations of sufficient significance to withhold planning
permission. 
In this instance the proposed development is considered to be consistent with the
provisions of both National and Local Planning Policy whilst helping to address the
locally and nationally declared ‘housing emergency’. 
A full report is provided within Appendix A. 
(O)(i) Key Constraints/Designations Affected by the Development: 
Adjacent to, but outwith: 
• Sleibhtean agus Cladach Thiriodh (Tiree Wetlands and Coast) SPA 
• Sleibhtean agus Cladach Thiriodh (Tiree Wetlands and Coast) RAMSAR 
• Sleibhtean agus Cladach Thiriodh (Tiree Wetlands and Coast) SSSI 
(O)(ii) Soils
Agricultural Land Classification:  Class 4.2 - Land capable of producing a
narrow range of crops, primarily on
grassland with short arable breaks of
forage crops.
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3
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☒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?
(If yes, detail in summary assessment)
☐Yes
☒No 
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: 
N/A 
(P) Summary assessment and summary of determining issues and material
considerations 
In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified
as being within the defined Settlement Area of Balemartine on the proposals maps
where LDP2 Policy 01 states that development will normally be acceptable subject
to a number of criteria. 
The proposal is seeking to secure planning permission for the demolition of the
existing dwellinghouse, ‘Comraich’ to allow for the redevelopment of the site with a
purpose built dwellinghouse. 
The detailed siting, design and finishes of the proposed dwellinghouse are
considered acceptable and are discussed in detail in the main assessment of the
proposal within Appendix A of this report. 
An existing vehicular access is to be utilised to serve the proposed development with
the formation of two parking spaces.  Water supply is via connection to the public
water main and foul drainage is by way of a septic tank and soakaway due to the
lack of public infrastructure within the vicinity of the site. All access, parking and
infrastructure matters are considered acceptable and are discussed in detail in the
main assessment of the proposal within Appendix A of this report.  
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The proposal has elicited 25 objections and 14 expressions of support. 
The key factor in the assessment of this application is whether or not the
replacement dwellinghouse is of an appropriate scale, design and finishes which
respects the character and appearance of the surrounding townscape in terms of
scale, massing, design and finishing materials and whether it is consistent with the
provisions of adopted National and Local Planning Policy. 
It is the opinion of Planning Officers that the design proposed for the replacement
dwellinghouse pays appropriate regard to the characteristics of the area within which
it proposed to ensure no significant adverse impact arises and the proposal is
considered to accord with the provisions of the current Development Plan and with
national planning policy. 
Taking account of the above, it is recommended that planning permission be granted
subject to the conditions appended to this report.   
A full report is provided within Appendix A. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission Should be Granted: 
The proposal is considered to be consistent with the relevant provisions of
the Development Plan, and there are no other material considerations of
sufficient significance, including issues raised by third parties, to indicate that
it would be appropriate to withhold planning permission having regard to
Section 25 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: Tim Williams  Date: 26/08/24 
Reviewing Officer: Peter Bain Date: 04.09.2024 
Fergus Murray
Head of Development & Economic Growth 
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/01153/PP 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 19/06/24, supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date Received
Location
Plan 
CH1087 – AECO – XX – ZZ – DR – A –
2000
05 20/06/24
Site Plan as
Proposed 
CH1087 – AECO – XX – ZZ – DR – A –
2001
07 20/06/24 
Site Plan as
Existing 
CH1087 – AECO – XX – ZZ – DR – A –
2002
05  20/06/24 
Floor Plans
as Proposed 
CH1087 – AECO – XX – ZZ – DR – A –
2004
07 20/06/24 
Elevations
as Proposed 
CH1087 – AECO – XX – ZZ – DR – A –
2005 
02  20/06/24
Street
Elevation as
Proposed 
CH1087 – AECO – XX – ZZ – DR – A –
2006 
03  20/06/24
Sections as
Proposed 
CH1087 – AECO – XX – ZZ – DR – A –
2007
02  20/06/24 
Design
Statement –
10 Pages 
20/06/24 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.  
2. PP – Timescale to be Agreed for Completion No development shall commence until
details of the proposed timescale for completion of the approved development have
been submitted to and approved by the Planning Authority. Thereafter, the
development shall be implemented in accordance with the duly approved timescale
for completion unless an alternative timescale for completion is otherwise agreed in
writing with the Planning Authority. Reason: In order to comply with the requirements
of NPF4 Policy 16F.  
3. PP – Sustainable Drainage System 
Notwithstanding the effect of Condition 1, the development shall incorporate a surface
water drainage system which is consistent with the principles of Sustainable urban
Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS
Manual C753 and Sewers for Scotland 4th Edition.  The requisite surface water
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drainage shall be operational prior to the development being brought into use and
shall be maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
Note to Applicant: 
Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale
Development – www.sepa.org.uk  
4.  PP – Submission of Sample Materials 
Notwithstanding the effect of Condition 1, no development shall commence until
samples of the proposed roofing materials to be used in the proposed development
have been submitted to and approved in writing by the Planning Authority. The
development shall thereafter be completed using the approved materials or such
alternatives as may be agreed in writing with the Planning Authority. 
Reason: In order to integrate the development into its surroundings.  
5. PP - Electric Vehicle Charging – Residential with off street parking 
Prior to the commencement of the development (or such other timescale as may be
agreed in writing with the Planning Authority), a scheme detailing the provision of a
minimum 7kw electric vehicle charging point shall be submitted to and approved in
writing by the Planning Authority. Where charging cannot be provided then the
appropriate ducting to future proof the property must be installed.  
The approved charging point, or where relevant, the approved cable ducting shall be
installed in full prior to the first occupation of the development, and thereafter retained
in perpetuity unless otherwise agreed in writing by the planning authority  
Reason: to comply with the provisions of NPF4 Policy 13 Sustainable Transport and
LDP2 Policy 34 – Electric Vehicle Charging.  
6. PP – Biodiversity Statement 
No development shall commence until a biodiversity statement demonstrating how the
proposal will contribute to conservation/restoration/enhancement of biodiversity, and
how these benefits will be maintained for the lifetime of the development has been
submitted and agreed in writing with the Planning Authority. 
All biodiversity enhancement measures consisting of new or enhanced planting shall
be undertaken either in accordance with the approved scheme of implementation or
within the next available planting season following the development first being brought
into use. 
The biodiversity statement should refer to Developing with Nature guidance |
NatureScot as appropriate. 
Reason: To comply with the requirements of NPF4 Policy 3. 
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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  24/01153/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. The proposal the subject of this application is seeking to secure planning permission for
the demolition of a dwellinghouse and the erection of a replacement dwellinghouse
together with the formation of two parking spaces and the installation of a septic tank and
soakaway. 
2. Settlement Strategy 
2.1. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as
being within the defined Settlement Area of Balemartine on the proposals maps where
LDP2 Policy 01 states that development will normally be acceptable subject to compliance
with a number of criteria. 
The main criteria within Policy 01 which are applicable to the proposal the subject of the
current application are: 
• It is on a site which is the redevelopment of a brownfield site; and
• It is compatible with surrounding uses including but not exclusively; providing access,
service areas, infrastructure for existing, proposed or potential future development, and
• It is of an appropriate scale and fit for the size of settlement in which it is proposed;
and 
• Respects the character and appearance of the surrounding townscape in terms of
density, scale, massing, design, external finishes and access arrangements; and 
• It complies with all relevant LDP2 policies. 
In order to address the determining issues, the key considerations in this application are: 
2.1.1. Compliance with the Development Plan and other relevant planning policy
2.1.2. Any other material considerations. 
3. Proposal 
3.1. The proposal is seeking to secure planning permission for the demolition of the existing
dwellinghouse, ‘Comraich’ to allow for the redevelopment of the site with a purpose built
dwellinghouse. 
‘Comraich’ as existing is a traditionally designed and proportioned, single storey, curved
roof black top structure which forms a semi-detached pairing with ‘Myrtle Bank’ which has
a slightly higher ridge.  Both dwellinghouses are finished in white painted stone with black
felt roofs with both incorporating external chimney stacks to each of their gable ends. 
Whilst ‘Comraich’ and ‘Myrtle Bank’ are referred to as semi-detached structures, they are
not semi-detached structures in the traditional sense as they do not share a party wall,
each dwellinghouse has their own wall which adjoin each other. 
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The dwellinghouse is situated within a small cluster of well preserved and maintained
black top dwellinghouses of various sizes, some of which have been sympathetically
renovated, including the neighbouring dwellinghouse ‘Myrtle Bank’. 
The Design Statement (DS) submitted with the application details that the existing
structure of Comraich is in a poor physical state and is at risk of collapse.  The DS details
that the wooden roof structure shows evidence of years of structural decay, water
damage, and insect damage, with photographic evidence submitted in support of this
claim. 
The DS suggests that the majority of properties in Mannal are second homes and holiday
homes which are not permanently occupied throughout the year, with the current proposal
allowing a permanent resident, originally from Mannal, to move back to the island, which
would be a significant benefit to the community and the local economy. 
Whilst ‘Comraich’ is not a Listed Building or located within a ‘Conservation Area’, it
nevertheless an old traditional building and accordingly, in order to inform in the
assessment of the proposal, consultation was undertaken with the Conservation Officer
(CO). 
The proposal the subject of this current application has come forward as a result of
concerns raised by the CO during the processing of the previous planning application
submitted for the proposed development, reference 23/01717/PP, which remains
undetermined by the Planning Authority. If the current application is approved the earlier
one will be withdrawn. 
The CO deemed the design proposed in the previous application to be insensitive to the
character and appearance of the area not only in terms of its ridge height but also the
deep plan.     
As a result of the concerns raised by the CO the agent has worked closely with the CO
and Planning Officers to achieve a mutually acceptable design which has been brought
forward in the current application. 
In order to break up the massing proposed in the previous submission, the current
application proposes two distinct elements, one single storey and the other 2 storey.   
The single storey element is traditionally designed and proportioned sited immediately
adjacent to Myrtle Bank where it broadly lines through in terms of its roof and eaves. 
The two storey element is set back from the single storey element where it is sufficiently
separated from Myrtle Bank and, whilst higher than Myrtle Bank, shares a similar ridge
height with other buildings in the area.   
The barn-style roof proposed to the two storey element introduces a very distinctive form
to the area, which the CO deems to be slightly awkward in design.  However, as the roof
form of the single storey element is similar to what is existing, the CO deems that the
proposal would not detract from the area and that the characteristics of the built
environment would generally be preserved. 
The CO further notes that the use of modern materials at the single storey part such as
the metal roof, is in some ways regrettable as the traditional black top character is lost, it
does allow legibility between the old and new (Myrtle Bank and Comraich) and as per
LDP2 Policy 10, embodies “honesty and legibility of contemporary design”. 
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The siting, design and finishing materials of the proposed dwellinghouse are assessed
against the relevant Development Plan Policies below. 
An existing vehicular access is to be utilised to serve the proposed development with the
formation of two parking spaces.  Water supply is via connection to the public water main
and foul drainage is by way of a septic tank and soakaway due to the lack of public
drainage infrastructure within the vicinity of the site. 
4. Compliance with National and Local Development Plan 2 Policy 
Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024
which, together with NPF4 which was adopted on 13 February 2023, represent the
Development Plan providing the policy background against which proposed developments
are assessed. 
The proposal is assessed against the relevant NPF4 Policies below which include details
of the associated LDP2 policies. 
4.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires
to be applied together with other policies in NPF4. 
Guidance from the Scottish Government advises that it is for the decision maker to
determine whether the significant weight to be applied tips the balance in favour for, or
against a proposal on the basis of its positive or negative contribution to climate and
nature crises.   
4.2. NPF4 Policy 2 – Climate, Mitigation and Adaption 
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise
lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited
and designed to adapt to current and future risks from climate change. 
Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The emphasis is on
minimising emissions as far as possible, rather than eliminating emissions. The Spatial
Settlement Strategy set out within LDP2  seeks to deliver sustainable levels of growth by
steering the majority of development to our existing settlements as these are where the
most of our current infrastructure, services, employment opportunities, housing and
community facilities are to be found, however LDP2 recognises that there are instances
where a different approach to significant development has to be taken particularly where
existing infrastructure or services are at capacity and where a more sustainable option
would be to provide new facilities elsewhere. 
4.3. NPF4 Policy 3 – Biodiversity 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive
effects from development and strengthen nature networks. 
With regards to the need in NPF4 Policy 3 to secure biodiversity improvements, it is not
considered that there are any issues of compliance with Policy 3.  No material biodiversity
impacts have been identified in the assessment of this application by the Planning Officers
and no specific proposals for biodiversity improvements have been submitted. 
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Tiree is known for its careful treatment of landscaping with most buildings sitting
unassumingly on the machair with no structured or manicured landscaping with coastal
sand dunes and grasslands a feature of the island.  Notwithstanding this, it is still
considered that an element of biodiversity enhancement and protection, proportionate to
the scale of development proposed can be secured for the site by way of planning
condition which will be attached to any grant of permission. 
With such a condition, the proposed development aligns with the broad aims of
NPF4 Policy 3 and LDP2 Policy 73, Development Impact on Habitats, Species and
Biodiversity. 
4.4. NPF4 Policy 4 – Natural Places 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of
nature-based solutions. 
The proposed development is not within a National Park, a National Scenic Area, National
Nature Reserve nor is it within an area identified as Wild Land.  The site is however
partially within Sléibhtean agus Cladach Thiriodh (Tiree Wetland and Coast) Special
Protection Area (SPA) and Site of Special Scientific Interest (SSSI) and adjacent to the
Tiree (Corncrake) SPA.   
Whilst NatureScot did not provide comments to this application, during the processing of
the previous application, for the same site, they advised that, in their view, as the proposal
is seeking to demolish and rebuild an existing development, located within the settlement
of Mannal, where the site does not have a suitable habitat for waders, geese or corncrake,
it is unlikely that the proposal will have a significant effect on these natural heritage
interests of national importance.  NatureScot concluded that an Appropriate Assessment
was not required and raised no objection to the proposed development. 
The proposed development is considered to be in accordance with NPF4 Policy 4
and does not conflict with the provisions of LDP2 Policy 74, Development Impact
on Sites of International Importance and Policy 75, Development Impact on Sites of
Special Scientific Interest (SSSIs) and National Nature Reserves and the current
proposal would raise no issue of conflict should permission be granted. 
4.5. NPF4 Policy 7 – Historic Assets and Places 
NPF4 Policy 7 seeks to protect and enhance historic environment assets and places, and
to enable positive change as a catalyst for the regeneration of places. 
Whilst ‘Comraich’ is not a Listed Building or located within a Conservation Area, it is an
old traditional building and accordingly consideration requires to be given to Part (a) of
Policy 7 which seeks development proposals with a potentially significant impact on
historic assets or places, to be accompanied by an assessment which is based on an
understanding of the cultural significance of the historic asset and/or place. The
assessment should identify the likely visual or physical impact of any proposals for
change, including cumulative effects and provide a sound basis for managing the impacts
of change. 
LDP2 Policy 15 provides protection for non-designated heritage assets, and states that
development proposals will not be acceptable where they fail to “protect, preserve,
conserve or enhance the special characteristics and/or cultural significance of the historic
built environment in terms of its location, scale, form, design or proposed use”. 
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As detailed at Section 3 above, the proposal the subject of the current application has
come forward as a result of the concerns raised by the CO to the previous submission
with the agent working closely with the CO and Planning Officers to achieve a mutually
acceptable design. 
In her response to the proposal, the CO notes that the building is not listed (with Historic
Environment Scotland not willing to intervene as long as there is an ongoing planning
process on the site), nor is the building in a Conservation Area, therefore there is nothing
to prevent the demolition of Comraich and therefore the loss of the historic relationship
between the two buildings. 
The CO is satisfied that the design solution the subject of the current application, which
is discussed in more detail at Section 4.9 below, will not detract from the characteristic of
the built environment. 
The proposed development is considered to be in accordance with the broad aims
of NPF4 Policy 7 and LDP2 Policy 15, Supporting the Protection, Conservation and
Enhancement of Our Historic Built Environment. 
4.6. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant
and derelict land and empty buildings, and to help reduce the need for greenfield
development. 
Part (a) of Policy 9 states that development proposals that will result in the sustainable
reuse of brownfield land including vacant and derelict land and buildings, whether
permanent or temporary, will be supported. 
Whilst Part (d) of NPF4 Policy 9 notes the need to conserve embodied energy in order to
give significant weight to the climate emergency as required by NPF4 Policies 1 and 2,
and sets out that demolition will be the least preferred option, it does not expressly prohibit
it.   
In this regard, as the existing building is not currently a Listed Building, or situated within
a Conservation Area it does not benefit from any statutory protection which would prevent
its demolition. 
The development proposed by this application is considered to be on a brownfield site by
virtue of the fact that it is a proposal seeking to demolish and existing building and erect a
replacement building. 
The proposal represents the sustainable reuse of brownfield land directly supported
by NPF4 Policy 9(a) and Policy 01 of LDP2 which defines the site as being within the
Settlement Area of Mannal and the current proposal would raise no issue of conflict
should permission be granted. 
4.7. NPF4 Policy 12 – Zero Waste 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent
with the waste hierarchy as defined within the policy document. 
The development the subject of this planning application seeks to secure permission for
the demolition of an existing dwellinghouse and erection of a replacement dwellinghouse. 
Whilst this is a development likely to generate waste when operational, it will already
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benefit from regular waste uplifts by the Council and will be expected to comply with our
adopted and enforced recycling and reuse strategy. 
The proposed development is considered to be in compliance with NPF4 Policy 12
and does not conflict with the requirements of LDP2 Policy 63, Waste Related
Development and Waste Management which seek to ensure that effective provision
for waste/recycling is provided within developments and the current proposal
would raise no issue of conflict should permission be granted. 
4.8. NPF4 Policy 13 – Sustainable Transport 
NPF4 13 seeks to encourage, promote and facilitate developments that prioritise walking,
wheeling, cycling and public transport for everyday travel and reduce the need to travel
unsustainably. 
The application is seeking to secure permission for the demolition of an existing
dwellinghouse and erection of a replacement dwellinghouse, a development which is not 
considered to be a significant travel generating use or a proposal where it is considered
important to monitor travel patterns resulting from the development. Part (b) of Policy 12 
requires consideration of the sustainable travel hierarchies including provision for vehicles
and cycle charging points. A condition is recommended to secure an ev charging point. 
The application shows the existing access spurring from the B8066 Heylipol-Hynish public
road utilised to serve the proposed development with two parking spaces provided
adjacent to the proposed dwellinghouse to which the Roads Authority has raised no
objection. 
The proposed development is consistent with the broad aims of NPF4 Policy 13
and is consistent with the requirements of LDP2 Policy 34 – Electric Vehicle
Charging, Policy 37, Development Utilising an Existing Private Access and Policy
40, Vehicle Parking Provision which collectively seek to ensure that proposed
developments are served by a suitable and safe access regime and provide
appropriate parking provision commensurate with the scale of the development
proposed and the current proposal would raise no issue of conflict should
permission be granted. 
4.9. NPF4 Policy 14 – Design, Quality and Place 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development
that makes successful places by taking a design-led approach and applying the ‘Place
Principle’. 
NPF4 Policy 14(a) details that development proposals should be designed to improve the
quality of an area whether in urban or rural locations, regardless of scale with Part (b)
affording support to developments where they are consistent with the six qualities of
successful places: Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. 
Part (c) details that development proposal which are poorly designed, detrimental to the
amenity of the surrounding area, or inconsistent with the six qualities of successful places,
will not be supported. 
The DS provides a statement addressing the six qualities of successful places as follows. 
“Healthy: Our proposal will provide a much healthier home than the existing house at
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Comraich. The existing house is structurally un-safe and poses a risk to respiratory health.
Our proposal uses Passivhaus principles to provide a healthy, breathable home;
Pleasant: Our proposal uses high quality building materials and natural materials, to
provide a pleasant house inside and out; Connected: Our proposal brings a habitable
home back into the heart of Mannal, reducing the need for car dependence as future
habitants can walk to neighbouring properties and cycle to the adjacent town of
Balemartine; Distinctive: Our proposal is a creative play on the traditional Tiree house
type, while also providing accommodation suitable for permanent living; Sustainable: Our
proposal uses natural building materials such as timber kit construction and hemp
insulation. It also includes provision of sustainable energy technologies: mechanical heat
ventilation recovery, air source heat pump, and solar panels; Adaptable: Our proposal
features three bedrooms, one on the ground floor and two on the first floor. This allows
for future use by larger families as well as providing accessible accommodation for future
disabled users”. 
As detailed above, the design the subject of the current application has come forward due
to concerns raised by the CO to the previous proposal. 
In order to break up the massing proposed in the previous submission, the proposal the
subject of the current application comprises two distinct elements, one single storey and
the other 2 storey.   
The single storey element is traditionally designed and proportioned sited immediately
adjacent to Myrtle Bank where it broadly lines through in terms of its roof and eaves.  This
element of the proposal comprises white rendered walls with a dark grey standing seam
metal roof. 
The 2 storey element is set back from the single storey element where it is sufficiently
separated from Myrtle Bank and, whilst higher than Myrtle Bank, shares a similar ridge
height with other buildings in the area.  The 2 storey element introduces a contemporary
roof shape and window style whilst retaining the set-back eaves found in traditional
blackhouses.  The walls are to be finished in white render to match the single storey
element with the roof finished in a green coloured standing seam metal to provide a visual
separation between the traditional and contemporary elements of the dwellinghouse and
also to provide a softer colour that will help to minimise the visual mass of the
development. 
Whilst the CO deems the contemporary barn-style roof to the 2 storey element to be
slightly awkward in design, as the roof of the single storey element is similar to the existing
situation, the CO deems that the special characteristics of the built environment would
generally be preserved. 
The CO further notes that the use of modern materials at the single storey part such as
the metal roof, is in some ways regrettable as the traditional black top character is lost, it
does allow legibility between the old and new (Myrtle Bank and Comraich) and as per
LDP2 Policy 10, embodies “honesty and legibility of contemporary design”. 
It is considered that the proposal the subject of the current application would
preserve the character and local distinctiveness of this part of the settlement, and
therefore would be supported by NPF4 Policy 14, and would accord with LDP2
Policies 5, Design and Placemaking, 10, Design: All Development, and 15,
Supporting the Protection, Conservation and Enhancement of Our Historic Built
Environment. 
4.10. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods 
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NPF4 Policy 15(a) seeks development proposals to contribute to local living including,
where relevant, 20 minute neighbourhoods. To establish this, consideration will be given
to existing settlement pattern, and the level and quality of interconnectivity of the proposed
development with the surrounding area, including local access to a number of facilities. 
The LDP2 settlement strategy seeks to deliver sustainable levels of growth by steering
the majority of development to our existing settlements where the most of our current
infrastructure, services, employment opportunities, housing and community facilities are
to be found and thereby making best use of these resources is a sustainable approach to
development. 
In this instance, the site, by virtue of being within the Settlement of Mannal, as defined in
the LDP2 proposals maps, would reasonably comply with NPF4 Policy 15 given the scale
of the environment within which the development is to be located, and given its
compliance with the existing settlement pattern and the level and quality of
interconnectivity of the proposed development with the surrounding area where people
can reasonably meet the majority of their daily needs within a reasonable distance of their
home. The applicant’s sustainability checklist states “The site is only a 10 minute walk to
Balemartine, which has a few small businesses including a café and bakery. The site is 7
minutes by car to Crossapol and 13 minutes by car to Scarinish, the two largest settlement
on the island with more amenities. Tiree has a private hire mini-bus and school bus which
is able to pick up and drop off people along the route.” 
The proposed development aligns with NPF4 Policy 15 and there is no conflict with
LDP2 Policy 01, Settlement Areas and Policy 04, Sustainable Development with the
current proposal raising no issue of conflict should permission be granted. 
4.11. NPF4 Policy 16 – Quality Homes 
NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable homes in the right locations and providing choice of
tenure to meet diverse housing needs. 
Policy 16(c) supports development proposals for new homes that improve affordability
and choice by being adaptable to changing and diverse needs, and which address
identified gaps in provision, including ‘self-provided homes’ of which the proposed
development represents. 
With regards to Part (f) of Policy 16(i) an agreed timescale for build-out could be covered
through the use of a planning condition; 16(ii), whilst the development proposed by this
planning application is not on land actively allocated for housing in the LDP2, it would
wholly accord with the adopted settlement strategy and would accord with the principles
of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the proposal is for a smaller scale
opportunity within an existing settlement and in addition is consistent with NPF4 Policy
17, Rural Homes (a) (viii) as it is a one-for-one replacement of an existing permanent
house. 
The proposed development is deemed to be consistent with NPF4 Policy 16 and
there is no conflict with LDP 2 Policy 01, Settlement Area with the current proposal
raising no issue of conflict should permission be granted. 
4.12. NPF4 Policy 17 – Rural Homes 
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NPF4 Policy 17 seeks to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable rural homes in the right locations. 
Policy 17(a) supports development proposals for new homes in rural areas where the
development is suitably scaled, sited and designed to be in keeping with the character of
the area and gives specific support for one-for-one replacement of an existing permanent
house.  As detailed at NPF14 above, it is considered that the proposal the subject of the
current application would preserve the distinctive and special characteristics of the area. 
Policy 17(b) requires proposals for new homes in rural areas to consider how the
development will contribute towards local living and take into account identified local
housing needs.  It is has already been seen at NPF4 Policy 15 above that the proposed
development is consistent with our adopted settlement strategy policies and that it would
have no materially harmful access or environmental impact. The proposed development
seeks the introduction of a replacement dwellinghouse which would accord with the
Council’s key planning policies aims of supporting and sustaining fragile rural
communities by contributing to actions to reverse our falling rural populations and
supporting the local economy. 
Policy 17(c) offers additional support to new homes in remote rural areas where such
proposals (i) support and sustain existing fragile communities; (ii) support identified local
housing outcomes; and (iii) are suitable in terms of location, access and environmental
impact. 
The proposed development is deemed to be consistent with NPF4 Policy 17 and  
LDP2 Policies 09, Sustainable Development and Policy 10, Design all Development
which are discussed in more detail at NPF4 Policy 14 above with the current
proposal raising no issue of conflict should permission be granted. 
4.13. NPF4 Policy 18 – Infrastructure First 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach
to land use planning, which puts infrastructure considerations at the heart of placemaking. 
The application indicates water supply via connection to the public network with a private
drainage system comprising a septic tank and soakaway due to the lack of public drainage
infrastructure within the vicinity of the site.  Scottish Water raised no objection to the
proposed development but advised that the applicant will require to submit a Water
Connection Application to allow them to fully appraise the proposal.  The Council’s
Building Standards Service will apply sufficient control over the detailed arrangements of
the proposed private drainage system should the development proceed. 
The proposed development aligns with NPF4 Policy 18 and is in accordance with
LDP2 Policies 04, Sustainable Development and Policy 60, Private Sewage
Treatment Plants and Wastewater Drainage Systems which seek to ensure that
suitable infrastructure is available to serve proposed developments and give
support to private drainage arrangements where connection to the public system
is not available.  The current proposal would raise no issue of conflict should
permission be granted. 
4.14. NPF4 Policy 22 – Flood Risk and Water Management 
NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water
resources are used efficiently and sustainably. 
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As detailed above the development proposes connection to the public water supply to
which Scottish Water has not objected to.   
With regards to the management of rain and surface water at the site, this could be
controlled thorough a condition to secure a suitable sustainable drainage system for the
site should permission be granted.   
The proposal aligns with NPF4 Policy 22 and LDP2 Policy 61, Sustainable Drainage
Systems with the current proposal raising no issue of conflict should permission
be granted. 
5. Public Representation 
5.1. At the time of writing, representations had been received from 39 respondents in relation
to this planning application. 25 respondents raise objection and 14 provide support. 
It is not considered that the objections raise any complex or technical issues that have
not been addressed in the current Report of Handling. 
6. Conclusion 
6.1. The key factor in the assessment of this application is whether or not the replacement
dwellinghouse is of an appropriate scale, design and finishes which respects the
character and appearance of the surrounding townscape in terms of scale, massing,
design and finishing materials and whether it is consistent with the provisions of adopted
National and Local Planning Policy 
No objections have been received from consultees with regards to the infrastructure
required to serve the proposed development. 
Tiree Community Council has indicated their support to the application, stating that they
are following the Community Council’s mission statement to grow the resident population
of the island.   
The proposed development has been assessed against the provisions of both the
adopted National and Local Policy set out above and is deemed to be in compliance with
their requirements. 
The issues raised by third parties are not considered to amount to material planning
considerations that have not been addressed through the processing of the planning
application. 
Accordingly the application is recommended for approval subject to conditions. 
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Site
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office (C) Crown Copyright 2009. Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or Civil Proceedings. OS License No.100023368, 2010.
°
Date: 04.09.24
Location Plan relative to 24/01153/PP
Demolition of existing dwellinghouse and erection
of replacement dwellinghouse and associated works
Comraich, Mannal, Isle of Tiree
Scale: 1:1,250Drawn By: kmk
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1 
Argyll and Bute Council
Development & Economic Growth   
PROPOSAL OF APPLICATION NOTICE (PAN) REPORT
____________________________________________________________________________   
Reference:  24/01438/PAN 
Applicant: Clan Campbell (Whisky) Ltd  
Proposal: Proposal of Application Notice for: Whisky distillery, dunnage warehouse, visitor
experience and associated infrastructure 
Site Address:  Inveraray Castle Estate, Inveraray 
____________________________________________________________________________ 
1.0 INTRODUCTION 
Proposal of Application Notices only relate to National and Major Applications, as defined
by the Government’s planning hierarchy, and are a statutory requirement prior to the
submission of a further associated planning application, in line with the provisions of the
Planning etc (Scotland) Act 2006. The PAN submission marks the start of a minimum 12
week period to allow for community consultation before an application can be lodged. This
PAN submission was made valid on 2.8.2024. 
In considering this item, Members should restrict comments to issues relating to the
material considerations which may be relevant in the determination of the proposed
development and should refrain from expressing opinion as to the likely acceptability of
development in advance of any subsequent application being presented for determination.
Any opinions or views expressed by Councillors at the pre-application stage must be made
mindful of the overarching requirements of fairness, impartiality and of keeping an open
mind. The process provides opportunity for Officers to give feedback to the prospective
applicant on issues which Members would wish to see addressed within the planning
application submission. 
The submitted information includes:
• Proposal of Application Notice
• Location Plan
• Copy of newspaper adverts 
The Proposal of Application Notice describes the proposed development as “A 2 MLA (2
million litres per annum) whisky distillery, dunnage warehouse, visitor experience and
associated infrastructure”. 
The applicant has confirmed the following consultation steps have been undertaken: 
a) The following Community Council was notified, prior to the PAN being submitted: 
Inveraray Community Council. 
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2 
In addition, the following consultation steps are proposed to be undertaken: 
b) Two public meetings held at the Inveraray Inn, Front Street, Inveraray, on the 28th of
August & 25th September 2024.
c) Two press notices to be placed in both the West Coast Today and the Oban Times, at
least 7 days in advance of the proposed public meetings to be held, as set out above. 
Officers consider that the steps set out in the PAN are acceptable and in accordance with
the minimum requirements of the relevant PAC Regulations to ensure appropriate
community consultation is undertaken. 
2.0 DESCRIPTION OF PROPOSED DEVELOPMENT 
Based on the description of the development contained within the proposal of application
notice, the forthcoming application is anticipated to comprise of a range of new buildings
and associated groundworks, formation of a reinstated vehicular access road, staff car
parking and associated infrastructure works, all required for the construction of a whisky
distillery, dunnage and associated visitor centre on the site. An indicative site layout and
details of all of the proposed structures to be constructed have been submitted, although
the finalised scale, design and proposed external materials of the proposed buildings have
still to be agreed. The project, once operational, is expected to create around 20 local jobs,
and seeks to expand and diversify the existing tourism activities at the castle. The
applicants are also proposing to repair and part rebuild sections of the listed garden wall
within the application site, works that may require the submission of a separate application
for listed building consent.     
3.0 SITE DESCRIPTION 
The proposed site is located partly within and partly adjacent to a listed walled garden,
first constructed between 1752 and 1755, all set within the historic designated garden and
designed landscape of Inveraray Castle. It is located approximately 900 metres to the
north west of the castle, and 1.3km to the north of the town of Inveraray. The irregular
shaped site slopes upwards notably from north to south and is currently vacant land,
understood to have been previously used for horticultural and forestry/sawmill purposes,
in association with the day to day running of the castle estate. It is bounded by a 6 metre
high stone garden wall to the north, which also incorporates a small number of estate
cottages within it, by a continuation of the high stone wall to the east and by areas of
mature ancient woodland to both the south and the west. In terms of the adopted Local
Development Plan 2 (2024), the site is located within the designated Countryside Area. 
4.0 DEVELOPMENT PLAN POLICY 
This is not a planning application and therefore does not require evaluating and
determining in accordance with Section 25 of the Planning Act against the Development
Plan and its policies. However, in considering the merits of this PAN, a number of
Development Plan Policy considerations are relevant. The policies likely to be considered
include: 
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3 
National Planning Framework 4 (Adopted 2023) 
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 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 13 – Sustainable Transport
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 19 – Heating and Cooling
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 23 – Health and Safety
NPF4 Policy 25 – Community Wealth Building
NPF4 Policy 26 – Business and Industry
NPF4 Policy 29 – Rural Development
NPF4 Policy 30 – Tourism 
Argyl & Bute Local Development Plan 2 (Adopted 2024) 
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development
Policy 05 – Design and Placemaking
Policy 06 – Green and Blue Infrastructure
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 13 – Advertisements
Policy 14 – Bad Neighbour Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings
Policy 20 – Gardens and Designed Landscapes
Policy 21 – Sites of Archaeological Importance
Policy 22 – Economic Development
Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities
Policy 25 – Tourism Development Opportunities
Policy 32 – Active Travel
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 37 – Development Utilising an Existing Private Access or Existing Private Road
Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision
Policy 55 – Flooding
Policy 57 – Risk Appraisals
Policy 58 – Private Water Supplies and Water Conservation
Policy 59 – Water Quality and the Environment 
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4 
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 62 – Drainage Impact Assessments
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 77 – Forestry, Woodland and Trees
Policy 78 – Woodland Removal
Policy 79 – Protection of Soil and Peat Resources
Policy 82 – Contaminated Land 
Land Use Designations in LDP 2: 
• Zoned as within the Countryside Area.
• Within the Inveraray Castle Garden and Designed Landscape 
Other Relevant Policy Considerations: 
• TN06 Sustainability Technical Note and Checklist (Oct. 2023)
• TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023)
• ABC Technical Note – Biodiversity (Feb 2017)
• ABC Technical Note 2 – Advertisement & Signage Policy (Sept. 2017)
• SEPA Standing Guidance for Development Management (Dec. 2022) 
5.0 POTENTIAL MATERIAL CONSIDERATIONS 
In respect of this proposal, it is considered that the following matters will be material
considerations in the determination of any future planning application: 
• Detailed design, scale and massing;
• Landscape and visual issues;
• Climate change mitigation and adaptation;
• Conservation, restoration and enhancement of biodiversity;
• Green and blue infrastructure impacts;
• Traffic, vehicular access, parking and transport;
• Flood Risk, Water Quality and Drainage; 
• The views of statutory consultees in respect of any formal planning application; in
particular Historic Environment Scotland, SEPA and Roads.  
• Any other material considerations raised within representations. 
6.0 CONCLUSION 
The report sets out the information submitted to date as part of the PAN. Summarised are
the policy considerations, against which any future planning application will be considered
as well as potential material considerations and key issues based upon the information
received to date. The list is not exhaustive and further matters may arise as and when a
planning application is received and in the light of public representations and consultation
responses. 
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5 
7.0  RECOMMENDATION 
That Members note the content of the report and submissions and provide such feedback
as they consider appropriate in respect of this PAN to allow these matters to be considered
by the applicants in finalising any future planning application submission. 
Author of Report: Stuart Ramsay     Date: 29th  August 2024 
Reviewing Officer: Sandra Davies     Date: 30th  August 2024 
Fergus Murray
Head of Development and Economic Growth 
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Page 239

Site
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office (C) Crown Copyright 2009. Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or Civil Proceedings. OS License No.100023368, 2010.
°
Date: 04.09.24
Location Plan relative to 24/01438/PAN
Proposal of application notice for a whiskey distillery,
dunnage warehouse, visitor experience & associated
infrastructure, Inveraray Castle Estate, Inveraray
Scale: 1:5,000Drawn By: kmk
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Page 241

ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Development Management Service Plan 2024 - 2026 
1.0 EXECUTIVE SUMMARY 
1.1 This report seeks the endorsement of the Development Management Service
Plan 2024 – 2026 that is attached as Appendix A.   
1.2 The Service Plan provides an overview of the Development Management
Service and its main duties and seeks to outline how the Service can operate to
underpin the corporate objectives of the Council. 
1.3 The Service Plan includes an updated Development Management Improvement
Action Plan which seeks not only to recover performance but which is intended
to facilitate continuous improvement of the Service in the medium to longer term. 
1.4 The Service Plan also identifies the key objectives of the Development
Management Service and sets out a range of Key Performance Indicators and
the reporting mechanisms that will be utilised to monitor performance and the
delivery of improvement measures. 
1.5 It is recommended that the Committee approve and endorse the Development
Management Service Plan 2024 - 2026 (Appendix A) 
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ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Development Management Service Plan 2024 - 2026 
2.0 SUMMARY 
2.1     This report seeks the endorsement of the Development Management Service
Plan which is attached as Appendix A. 
2.2 The Service Plan seeks to provide an overview of the Development Management
Service and its main duties and sets out how the Service can operate in a manner
that will underpin the wider corporate objectives of the Council. 
2.3 The Development Management Service Plan has been prepared at a time where
the Service is acknowledged to be under-performing as it recovers from the
significant disruption to workflow which is not only a legacy of the Covid
pandemic but more recently as a direct impact of the Scottish Government’s
introduction of National Planning Framework 4. It is also noted that the output of
the Service has also been significantly impacted by a requirement to operate for
extended periods of time with reduced staffing levels and vacancies in key posts
which are in part attributed Covid, but more specifically to an identified National
shortage of planning professionals. 
2.4 The Service Plan seeks to identify that there has been significant progress in
recovering the regulatory activity and performance of the Development
Management Service following the introduction of an Improvement Action Plan
in FQ4 2022/23. 
2.5 The Improvement Action Plan has previously been subject to review, approval
and progress reporting via the Council’s Executive Leadership Team (ELT). The
Improvement Action Plan sets out 38 specific improvement actions which are
based around 4 key areas aligned with i) improvement of performance, ii) review
and improvement of processes, iii) recruitment and staff wellbeing, and iv)
communication and engagement. 13 actions have been delivered to date and
work has commenced and remains ongoing in relation to a further 18 items. The
Improvement Action Plan is appended to the Service Plan and will remain as a
‘live’ document that will continue to be updated as individual actions are
delivered/completed. 
2.6 The Service Plan also seeks to identify the achievements of the Development
Management Service during 2023/24 and highlights the successful recruitment
activity and the creation of an additional 4.5 fte posts to directly support Service
delivery in addition to 1 fte additional post to support the complementary activity
within the separate Development Policy Team. During 2023/24 the improved
resource within the Development Management Service allowed it to exceed
100% turnover of both planning applications and pre-application enquiries, and
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enforcement turnover was maintained at 96% for the same period. The allocation
of additional resource has been achieved by utilising additional fee income that
has arisen following the Scottish Government’s review of statutory planning fees;
the cost of additional agency staff and a one off saving of £340k toward the
Council’s wider budget was also able to be delivered as a result of a short-term
increase in the volume of ‘major’ applications. 
2.7 The Service Plan identifies that the key challenges in the upcoming period are
to improve the timeliness and efficiency of decision making; to ensure that staff
are provided appropriate support and opportunity for development; and to
improve communications and engagement with customers, and the
management of their expectations. 
2.8 The Development Management Service is already subject to a wide range of
reporting and monitoring mechanisms which include the annual National
Planning Improvement Framework and bi-annual statistical returns to the
Scottish Government in addition to quarterly performance reports to PPSL/ELT,
monthly reports to the PRS Policy Lead, and internal reporting that informs day
to day operation of the service and performance of teams/individuals. Appendix
1 of the Service Plan seeks to identify a range of Key Performance Indicators
that are relevant and can be utilised to monitor performance of the Service and
whether has managed to deliver against the outcomes identified. 
2.9 Benchmarking has been undertaken against the most recent available Scottish
Government data set which is for 2022/23.  This indicates that the Council’s
performance in relation to average time measures is largely within it’s pre-Covid
targets which were set to be within 10% of the National Average. The exception
to this is performance on ‘householder’ application times which are 3.8 weeks
slower for the latest available data covering the 2022/23 reporting period. 
2.10 The comparability of statistics which look at the percentage of determinations
within statutory timescales are less favourable. It is however observed that
Nationally nearly 20% of all ‘local non-householder’ applications and over 10%
of all ‘householder’ applications have been removed from these data sets as a
number of other local authorities have employed a tactic of recording time
extensions as processing agreements for reporting purposes. This has the effect
of removing long-running applications from both average time and statutory
timescale measures. Whilst the data for 2023/24 is not yet available it is expected
that the use of processing agreements by other local authorities will have
increased as they also deal with their own backlogs of casework and staffing
issues and that this will further skew the comparability of performance between
local authorities, and the usefulness of the National Average as a benchmarking
measure when statistics for 2023/24 are published. Moving forward it is proposed
that from 2024/25 forwards, Argyll and Bute should recognise agreed time
extensions as ‘processing agreements’ for the purpose of statistical reporting as
a means of ensuring that the National Average remains a relevant benchmark
for performance of Argyll and Bute Council in comparison to other authorities. 
2.11 At this time it is proposed that the Council continue to set performance targets
as being within 10% of the National Average but that targets continue to be
reviewed annually against the most recent available National data set. 
2.12 It is recommended that the Committee:- approve and endorse the Development
Management Service Plan 2024 – 2026 (Appendix A) 
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3.0 IMPLICATIONS 
3.1 Policy: None 
3.2   Financial: None   
3.3 Legal: None 
3.4 HR : None 
3.5 Fairer Scotland Duty: 
3.5.1 Equalities – Protected Characteristics: None 
3.5.2 Socio-economic Duty: A consistent and proportionate approach to
planning enforcement is essential for natural justice.   
3.5.3  Islands: None 
3.6 Climate Change: None 
3.7 Risk: None.     
3.8 Customer Service: Service Plan sets out key performance indicators for
measuring the performance of the DM Service, and in doing so, setting
customer expectations on the service level to be provided. 
3.9  The Rights of the Child (UNCRC) - None 
Executive Director with responsibility for Development & Economic Growth:-
Kirsty Flanagan
Policy Lead:-  Cllr Kieron Green 
10th September 2024                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix A – Development Management Service Plan 2024 - 2026 
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.
Draft August 2024 
DEVELOPMENT MANAGEMENT
SERVICE PLAN 2024 - 2026 
APPENDIX A
Note – Cover Photos
and document date to
be updated prior to
publication
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Overview of the Council’s Development Management Service 
The Scottish Government’s stated aim is for “a planning service that is efficient, inclusive, fit for
purpose and sustainable. The planning system plays a key role in delivering high-quality places for
Scotland. It balances competing demands to make sure that land is used and developed in the
public’s long-term interest”.
The Development Management Service undertakes the regulatory functions of the Council’s
statutory role as “the planning authority” for Argyll and Bute* and includes:
 Processing and determination of planning and related applications under delegated powers,
or by referal of more complex/contentious items to the Planning, Protective Services &
Licencing (PPSL) Committee; (subject to the Council’s Development Management Charter) 
 Enforcement of planning regulations and condition monitoring; (subject to the Council’s Planning
Enforcement & Monitoring Charter) 
 The provision of pre-application advice to prospective applicants; 
 Representation of the Council in matters that are subject to appeal, or require to be notified
to Scottish Ministers for their determination via the Directorate for Planning & Environmental
Appeals (DPEA) 
 The provision of information to assist the Argyll and Bute Local Review Board in their
determination of applications which are subject to Local Review; 
 Representation of the Council as professional witnesses at Public Local Inquiry on planning
and related matters. 
 Assessment and determination of applications for a High Hedge Notice.
Annually, the Development Management Service receives between 1700 and 1900 statutory
planning and related applications, and approximately 500 pre-applications enquiries, 250 planning
enforcement complaints and 60 consultations where input of the Council as “planning authority” is
necessary.
Due to the challenges presented by the extensive geographic boundaries of Argyll and Bute, the
Development Management Service continues to be delivered by three Area based teams
respectively covering Bute Cowal, Helensburgh and Lomond (BCHL); Mid Argyll, Kintyre and the
Islands (MAKI); and Oban, Lorn and the Isles (OLI). The Major Applications Team operates across
the full extent of Argyll and Bute’s planning area and provides enhanced specialist resource for more
complex applications, including windfarms, aquaculture, and minerals, in addition to larger scale
developments. The Service is supported by the Central Validation Team (CVT) who are responsible
for the registration and validation of new submissions, and also by an Administrative Support Team
which is a shared resource with the Council’s Building Standards Service.
The Development Management Service is a fee earning service. Income is primarily derived from
nationally set fees for planning and related applications, the Council also charges non-statutory
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discretionary fees for the provision of pre-application advice and a range of post-determination
services. The Scottish Government have set out an aspiration that local authority Development
Management functions should operate on a full cost recovery basis; whilst it is recognised that the
current statutory fee structure does not yet fully support this aim the Scottish Government have
stated a commitment to further reform of planning fees to that end. Due to a higher than normal
number of major applications received during both 2022/23 and 2023/24 the Council’s Development
Management Service has been able to recover its operational costs, including additonal expenditure
on staff, from surplus fee income. 
Key Stakeholders 
 Applicants, Agents/Architects Developers – including Aquaculture Industry, Renewables
Industry, Telecommunications Industry – The ‘Development Community’; 
 The general public / land owners / residents of Argyll and Bute – third parties affected by /
benfitting from new development; 
 ABC Roads, Environmental Health, Conservation & Design Officer, Biodiversity Officer,
Access Officer, and Airports – Internal Counsultees to the planning process; 
 Nature Scot, SEPA, Health & Safety Executive, Transport Scotland, Historic Environment
Scotland, Scottish Water, Highlands & Islands Airports Ltd., MoD, and Community Councils
– Statutory Consultees to the planning process; 
 ABC Building Standards, Development Policy, Economic Development, Development
Projects, Environmental Health, Licencing, Governance, Estates, and Housing – inter-
related/complementary Council activities; 
 Forestry Land Scotland, Scottish and Southern Energy Networks, Highlands & Islands
Enterprise – external agencies with National development interests; 
 Scottish Government – policy making / legistlative role / performance reporting. 
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Development Management Service Objectives 
The work of the Development Management Service supports the Council’s corporate objectives in
responding to the respective Climate and Housing Emergencies, in the promotion of economic
growth and addressing population decline, seeking to improve the quality of places, and protecting
the natural and built environment. 
1. To process planning and related applications in a timely and efficient manner; 
2. To execute decision making with a high degree of competency and consistency; 
3. To offer a responsive service to applicants and the public making effective use of IT to
enhance customer experience and communication; 
4. To investigate and act upon complaints about unauthorised development in a timely,
consistent, and efficient manner; 
5. To support place-making by ensuring that new development is of a suitably high quality
design, served by appropriate infrastructure, and sufficiently compatible with neighbouring
land uses; 
6. To support business development and sustainable growth in local employment
opportunities; 
7. To conserve and where possible enhance the distinctive character and special qualities of
the historic built environment; 
8. To support the Council’s response to the ‘Climate Emergency’ by seeking to preserve and
enhance the character and diversity of the natural environment, and ensuring that new
development is sustainable; 
9. To support the Council’s aim to reverse population decline and its response to the ‘Housing
Emergency’ by supporting the delivery of affordable housing in the locations where this is
most urgently required; 
10. To promote and maintain effective working relationships with key stakeholders in the
planning process; 
11. To ensure that the Development Management Service has a valued and supported
workforce; 
12. To promote and where possible seek to advance professional standards internally and
externally in planning, and improvement of the planning system;  
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Achievements 2023/2024 
1751 Statutory Planning & Related Applications Received
1684 Statutory Planning & Related Application Casework Items Validated
1853 Statutory Planning & Related Application Casework Items Closed
110% Turnover of Statutory Planning & Related Casework Items with a consequent reduction in
casework backlog by 45% (from 375 items to 206 items)
197 Enforcement Complaints Investigated
18 Enforcement Notices Issued
189 Enforcement Complaints Closed
96% Turnover of Enforcement Complaints
499 Pre-application Enquiries Validated
513 Pre-application Enquiries Closed
103% Turnover of Pre-Application Enquiries
Recruitment of 2 Area Team Leaders to facilitate succession planning
1 additional FTE Planning Enforcement Officer post funded and recruited to release additional
planning officer capacity within Bute, Cowal, Helensburgh and Lomond
2 additional FTE Senior Planning Officer posts funded and recruited to meet increased demand for
complex case work and cover for ATL duties
0.5 additional FTE CVT Technician post funded and recruited to facilitate succession planning and
additional capacity within CVT
1 additional FTE temporary Admin resource to assist in communictaions and delivery of
improvement actions
1 additional FTE Graduate Development Policy Officer funded by DM Service
40h/pw temporary additional Planning Officer resource funded and recruited until Nov. 2024
One off saving of £340k delivered as a contribution to the wider budget challenge facing the Council  
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Key Challenges and the Improvement Action Plan 
The Council has experienced significant challenges in the delivery of its Development Management
Service in recent years. The exceptional disruption to workflow which arose as a direct impact of
the Covid pandemic along with the concurrent significant difficulties in recruiting to vacant posts
which has arisen as a result of a shortage of qualified planning professionals had a significant impact
on the ability of the Council’s Development Management Service to meet demand for the
determination of planning and related applications over this period.
Recovery from the legacy impacts of Covid has also been impacted by the implementation of the
Scottish Government’s programme of planning reform and the implementation of the Planning
(Scotland) Act 2019 which has not only created additional duties for the Council as planning
authority but has also given rise to a significant increase in the complexity of the planning process
and the policy environment within which it operates. The Scottish Government’s adoption of National
Planning Framework 4 in February 2023 in itself gave rise to a similar level of disruption to the
workflow of the Development Management Service as was experienced across the whole of the
Covid pandemic and continues to be an additional drain on resources, along with the imposition of
additional ‘prior notification’ categories of development.
The significant disruption to workflow experienced along with the requirement to operate for
extended periods with key vacancies across the Development Management Service has given rise
to a significant backlog of casework that has adversely impacted upon the timeliness of issuing
planning decisions with a consequent decline not only in customer satisfaction but also the wellbeing
of officers. 
The long-term degradation of performance has resulted in an Improvement Action Plan being
prepared and approved by the Council’s Executive Leadership Team in May 2023. The Action Plan
set out 4 key areas to be addressed: 
1. Review staff structure and identify specific gaps and specific workload pressures
2. Review Internal Processes Including Enforcement
3. Officer Attraction, Retention, Morale, and Wellbeing
4. Communication and Engagement with Residents, Partners and Colleagues
The four key areas for action are in turn geared toward the delivery of the following objectives:
• Delivering improved performance in the determination of planning applications;
• Reduction in the backlog of planning application casework;
• To ensure continued quality of decision making;
• To undertake a review of Enforcement practices, resources and caseloads;
• To examine the structure of the DM Service to ensure that all aspects are properly resourced;
• Identify procedural and technological efficiencies to aid decision making and increase
productivity;
• Review and re-focus the Pre-Application Advice Service to better meet customer
requirements and seek to maximise potential for non-statutory income recovery;
• Develop and implement a Communication Strategy to improve engagement with Customers
and better inform interested parties about the planning process;
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• To retain experienced staff and to attract new staff to Argyll and Bute within workforce
planning;
• Embed a culture of continuous support, learning and improvement for staff;
• Promotion of health and wellbeing across the DM Service;
• Inform budget setting to facilitate a financially sustainable Service.
The Action Plan identified thirty-eight specific improvement actions. Thirteen actions have
subsequently been completed, and work has commenced and is on-going in relation to a further
eighteen actions. The Improvement Action Plan has been attached to the DM Service Plan as
Appendix 2 but will remain a ‘live’ document that will continue to be updated as progress is made.
The actions delivered to date have primarily focussed on addressing critical resourcing issues within
the Development Management Service. This has not only facilitated successful recruitment to all
vacant posts but has also supported an additional 4.5 FTE permanent posts and temporary agency
resource of 40 h/pw within Development Management, and has also supported the creation of 1
additional FTE within the Development Policy Team.
The action taken to date in addressing the fundamental capacity issues within the Development
Management Service has had a significant impact in the improvement of performance. This is most
notable in the increased output of planning application determinations since FQ1 2023/24 and the
significant progress that has been made in reducing the cumulative backlog of casework by 45% in
the subsequent period. This period has also seen an improvement in the throughput of newer
casework with an increasing volume and reducing timescale for the progression of new applications.
The improvement to timeliness in the handling of new casework in increasing volume and shorter
timescales is however masked by the determination of higher numbers of ‘legacy’ applications which
are also being determined and which have a disproportionate impact on overall average time
performance measures. Based on review of part year data for 2023/24 it is expected that there is
likely to be increased variance between ABC and the National Average for the annual 2023/24
reporting period; this position will however reduce as the volume of ‘legacy’ items being determined
decreases. It is proposed that monthly/quarterly reporting formats to ELT/PPSL will continue to
include additional detail that demonstrates that the effect of ‘legacy’ items upon overall timescale
measures and inform commentary on performance against ‘overall’ timescale targets.
Significant effort has also been made to manage customer dissatisfaction through better
communication and setting of expectations. A monthly update on the Service Status, including
average timescales is published on the Council website, additional resource has been employed to
assist officers with the management of enquiries, and new work processes have been introduced to
encourage formal extension of statutory time limits where a decision cannot be delivered within the
initial prescribed statutory time periods.
Whilst the actions taken over the past 18 months have placed the Development Management
Service on a much sounder footing it is recognised that there is still considerable improvement
required if the Development Management Service is to be able to efficiently and effectively support
the aspirations of developers and the Council’s own corporate objectives.
It is recognised in particular that timeliness of decision making remains a considerable concern to
the development community despite benchmarking confirming that, with the notable exception of
‘householder’ development, the Council largely remains within its pre-Covid position of being within
10% of the National Average in relation to average timescales based on benchmarking for 2022/23
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data. This would indicate that a number of other local authorities are also facing similar issues
relating to workflow and recruitment to those faced by Argyll and Bute. It is proposed the
performance targets continue to be aligned toward being within 10% of the National Average; it is
however noted that other authorities are making increasing use of ‘processing agreements’ to
manage the impact of out of time applications on timeliness reporting to the Scottish Government.
In order to maintain parity it is proposed that Argyll and Bute record agreed time extensions to
applications in the same manner for performance reporting and benchmarking parity allowing better
comparison from 2024/25 forwards.
It has been identified that there is significant potential to improve the efficiency of existing workflow
processes and make more effective use of the capabilities of backoffice systems particularly in
relation to pre-application enquiries, preparation of reports, planning enforcement, and the
discharge of planning conditions. It is essential that these workstreams are progressed to ensure
that any time-saving that can be released not only improves on performance in the timeliness of
determination but also maintains the professional capacity required by the Service to deal with the
increasing demands and complexity of the planning system and the post-NPF4 policy environment.
The Improvement Action Plan identifies a range of process and system improvements that require
to be delivered to this end.
The significant work pressure that staff have endured over an extended period of time, coupled with
the impact of planning reform is recognised to have impacted significantly on staff wellbeing with
increased levels of absence evident over the recent period. Whilst underlying issues with staff
capacity have largely been resolved, there is still considerable work to be done to ensure that staff
have the appropriate knowledge, skillset, support, and confidence to operate effectively within this
rapidly changing environment. It is also recognised that the Council has a role in addressing the
national shortage of planning professionals. The Improvement Action Plan includes a range of
actions which are intended to improve staff development, wellbeing, the promotion of planning as a
career, and future recruitment.
It is also recognised that despite the recent improvements within the Development Management
Service, there still remains a considerable degree of customer dis-satisfaction. In this respect it is
critical that in the short-medium term that the backlog of casework is resolved and ensures that the
continuing impact on both customers and overall performance is removed. Further work is also
required to improve communications with regular customers to ensure that they understand the
challenges facing the Development Management Service, to provide confidence that these are
being addressed, and to provide support for architects and agents who may also be experiencing
difficulty with the additional policy implications of NPF4 and LDP2. The Improvement Action Plan
includes a range of activities which are intended to improve engagement with key stakeholders.
Despite statutory planning fees having been increased from April 2022 it is recognised that the
current fee structure is insufficient to support full cost-recovery of the statutory activity of the
Development Management Service. Officers will continue to advocate for further reform of statutory
fees and investigate opportunities to supplement planning fee income through the introduction of
discretionary charges. 
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Monitoring and Reporting on Performance 
The performance of the Development Management Service is subject to a significant level of internal
and external scruitiny through regular perfomance reporting. The Key Performance Indicators
utilised to monitor the performance of the Development Management Service in delivering against
its Service Objectives are collated within Appendix 1. A streamlined set of Service Standards are
published within the Development Management Charter which is intended as a quick reference
guide to establish and manage customer expectations for the processing of planning and related
applications. The Planning Enforcement and Monitoring Charter sets out an overview of the
Council’s approach to planning enforcement and service standards.
The overall performance of the Council as Planning Authority and requirement for improvement has
until recently been subject to annual reporting to Scottish Ministers through a Planning Performance
Framework (PPF) report. From 2024/25 the PPF will be replaced by the National Planning
Improvement Framework (NPIF) – Argyll and Bute Council’s first NPIF report will be submitted
during FQ3 2024/25.
The Council is also required to submit bi-annual returns to the Scottish Government (SG) for
inclusion in their bi-annual publication of Planning Statistics. This data allows for benchmarking of
performance against other local authorities. The National Average is the benchmark which is
predominently utilised in the review and setting of performance targets in relation to timeliness of
determining planning applications. The latest wholeyear statistics available from the Scottish
Government are for the period 2022/23.
The performance of the Development Management Service is also subject to Quarterly reporting to
the Planning, Protective Services and Licencing (PPSL) Committee, and the Council’s Executive
Leadership Team (ELT). Performance data at a more local level is also submitted Quarterly for
inclusion in the ‘Area Scorecards’ for the Council’s four Area Committees. A monthly update report
on performance and operational issues is provided for review by the Exec Director/ Head of Service
and the Policy Lead for Planning & Regulatory Services. Internal performance reports providing data
on the performance of teams and individuals is produced on a monthly basis to inform operational
decisions on resourcing, caseload allocation and 1:1 performance discussions between Team
Leaders and Planning Officers.   
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10 
Service Structure – August 2024 
Note: Improved
formatting of Service
Structure to be
prepared for
document prior to
publication
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Appendix 1: 
Key Performance Indicators for Development Management 2024 - 2026 
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
1. To process planning
and related applications
in a timely and efficient
manner; 
Timeliness of
decision
making /
processing
Average time
taken to determine
‘major’ planning
applications2
NPIF Report Annual
<43 weeks3
National
Average4 
(2022/23 –
39.5 weeks)
2022/23 
ABC 43.1 weeks 
2023/24 FQ2
Nat. Avg. 52.9
weeks
ABC 18.8 weeks
SG Publication Bi-annual
Average time
taken to determine
‘local non-
householder’
planning
applications2
NPIF Report Annual
<16 weeks3
National
Average4 
(2022/23 –
14.4 weeks) 
2022/23 
ABC 16.3 weeks 
2023/24 FQ2
Nat. Avg. 14.1
weeks
ABC 23.3 weeks
SG Publication Bi-annual
PPSL / ELT Quarterly1
PRS Policy
Lead Monthly1
Average time
taken to determine
‘householder’
planning
applications2
NPIF Report Annual
<10 weeks3
National
Average4 
(2022/23 – 
8.9 weeks) 
2022/23 
ABC 12.7 weeks 
2023/24 FQ2
Nat. Avg. 8.2
weeks
ABC 16.5 weeks
SG Publication Bi-annual
PPSL / ELT Quarterly1
PRS Policy
Lead Monthly1
Average time to
undertake
PRS Policy
Lead Monthly <5 working
days n/a 
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validation check
from receipt
% of ‘local non-
householder’
applications
determined within
statutory time
Period (2 months)2
NPIF Annual
>45%3
National
Average4 
(2022/23 –
48.0%)
2022/23 
ABC 38.5% 
2023/24 FQ2
Nat. Avg. 50.8%
ABC 20.0% SG Publication Bi-annual
% of ‘householder’
applications
determined within
Statutory Time
Period (2 months)2
NPIF Annually
>65%3
National
Average4 
(2022/23 –
71.5%)
2022/23 
ABC 37.3% 
2023/24 FQ2
Nat. Avg. 76.5%
ABC 28.9%
SG Publication Bi-annually
Efficiency of
decision
making
Turnover of
Statutory
Applications
(applications valid
/ applications
determined)
PPSL / ELT Quarterly
>100%5 n/a 
PRS Policy
Lead Monthly
% of applications
determined under
delegated powers
NPIF Annual
>95%3
National
Average4 
(2022/23 –
96.4%)
2022/23 
ABC 98.2% 
2023/24 FQ2
Nat. Avg. 93%
ABC 97.1%
SG Publication Bi-annually
Delivery of a
balanced budget
for the DM Service
NPIF Annual £0 Negative
Variance n/a  PRS Policy
Lead Monthly
Explanatory Notes:
1 Data set will be based on ‘raw’ data not including adjustment for ‘clock stopping’.
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2 Excluding applications subject to a processing agreement / agreed extension of time.
3. Target set at being within 10% of the National Average
4. National Average based on latest available data from Scottish Government Statistical Publications (2022/23)
5. Target of >100% set with the aim of managing an existing backlog of casework. 
Additional measures for reporting performance on processing of Prior Notifications, Discharge of Conditions, Non-Material Amendments to be developed during
2024/25 alongside enhanced workflow for these processes.
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
2. To execute decision
making with and
achieve a high degree
of competency and
consistency; Consistency
in Decision
Making
% of all decisions
which are a
departure to the
Development Plan
PPSL / ELT Quarterly <5% n/a 
% of original
decisions upheld
following LRB
NPIF Annually >50% n/a 
% of original
decisions upheld
following appeals
NPIF Annually
>50%
National
Average 
(2022/23 –
46.2%)
2022/23 
ABC 0% (2 apps) 
2023/24 FQ2
Nat. Avg. 46.4%
ABC 0% (1 app)
SG Publication Bi-annually
Competency
in Decision
Making
No. of decisions
subject to Judicial
Review
PRS Policy
Lead As necessary Avoid n/a 
No. of decisions
subject to adverse
SPSO
recommendation
in relation to
competency of
process 
PRS Policy
Lead As necessary Avoid n/a 
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Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
3. To offer a responsive
service to applicants
and the public making
effective use of IT to
enhance customer
experience and
communication;
Customer
Satisfaction
No. of complaints
upheld as a % of
total no. of
complaints
NPIF Annually
<25% n/a  PPSL / ELT Quarterly
No. of complaints
upheld by SPSO
NPIF Annually Avoid n/a  PPSL / ELT Quarterly
Feedback from
Customer
Satisfaction
Survey
NPIF Annually n/a n/a 
Managing
Customer
Expectations
% of ‘major’
applications
determined within
the timescale
established by
processing
agreement
NPIF Annually
>60%
National
Average6 
(2022/23 – 
58.7%) 
2022/23
ABC No data 
2023/24 FQ2 
Nat. Avg. 57.1%
ABC No data SG Publication Bi-annually
% of ‘local non-
householder’
applications
determined within
the timescale
established by
processing
agreement
NPIF Annually
>70%
National
Average6 
(2022/23 –
66.9%)
2022/23
ABC No data 
2023/24 FQ2 
Nat. Avg. 68.4%
ABC No data SG Publication Bi-annually
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% of ‘householder’
applications
determined within
the timescale
established by
processing
agreement
NPIF Annually
>80%
National
Average6 
(2022/23 –
78.0%)
2022/23
ABC No data 
2023/24 FQ2 
Nat. Avg. 72.7%
ABC No data SG Publication Bi-annually
% of Listed
Building /
Conservation Area
Consent
applications
determined within
the timescale
established by
processing
agreement
NPIF Annually
>80%
National
Average6 
(2022/23 –
77.6%)
2022/23
ABC No data 
2023/24 FQ2 
Nat. Avg. No data
ABC No data SG Publication Bi-annually
Efficient Use
of IT
% of applications
submitted via
ePlanning Portal
NPIF Annually 95% n/a 
Publication of
updated DM
Service Status
ABC website Monthly
Min. of 12
updates
annually
n/a 
Explanatory Notes:
6 National Average based on latest available data from Scottish Government Statistical Publications (2022/23) 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
4. To investigate and act
upon complaints about
unauthorised
development in a
timely, consistent, and
efficient manner;9
Consistency
of
Enforcement
Activity
Up to date
Enforcement
Charter in place
NPIF Annually <2 years old n/a 
% of original
Enforcement
Notices upheld on
appeal
PPSL / ELT Quarterly >50% n/a 
Efficiency of
Enforcement
Activity
Turnover of
Enforcement
Casework7
PPSL / ELT Quarterly  100% n/a 
Timeliness of
Enforcement
Activity
% of
Complainants
issued with initial
update within 5
weeks8
PPSL / ELT Quarterly >75% n/a 
Explanatory Notes:
7 Data set total no. of complaints received / no. of cases closed. Detail of no. of cases taken up (i.e. breach of control suspected) will be provided for comparison.
8 Measured from date of receipt of original complaint
9 Enforcement Performance measures to be implemented and expanded from FQ1 2025/26 following implementation of revised workflow systems for Planning
Enforcement
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
5. To support place-
making by ensuring
that new development
is of a suitably high
quality design, served
by appropriate
Identifying the
delivery of
high quality
development
within ABC
Argyll and Bute
Design Awards
(DP Service)
NPIF Annually n/a n/a 
Promotion of
development
within ABC
recognised
NPIF Annually n/a n/a 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
infrastructure, and
sufficiently compatible
with neighbouring
land uses;
through external
awards
Promotion of high
quality design
outcomes
(DP Service)
ABC Website As necessary n/a n/a 
Explanatory Notes:
ABC Design Awards held on a bi-annual basis by Development Policy Team with involvement of PPSL
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
6. To support business
development and
growth in local
employment
opportunities; 
Support for
Business and
Employment
No. of business
and industry
planning
applications
submitted
annually
ABC Corporate
Outcome
Indicators
Annually n/a n/a 
Approval Rate as
% of all decisions
NPIF Annual
>95%12
National
Average11 
(2022/23 –
93.5%)
2022/23
ABC 99.5% 
2023/24 FQ2 
Nat. Avg. 97.5%
ABC 99.0%
SG Publication Bi-annually
Average time
taken to determine
‘major’ Business &
Industry planning
applications
NPIF Annually
<20 weeks12
National
Average11 
(2022/23 –
24.2 weeks)
2022/23
ABC No data 
2023/24 FQ2 
Nat. Avg. 31.9
weeks
ABC No data
SG Publication Bi-annually
Average time
taken to determine NPIF Annually <14 weeks12 National
Average11
2022/23
ABC 19.5 weeks 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
‘local’ Business &
Industry planning
applications
SG Publication Bi-annually  (2022/23 –
12.4 weeks)
2023/24 FQ2 
Nat. Avg. 12.0
weeks
ABC18.0 weeks
% of ‘local’ pre-
application
enquiries with
initial response
issued within 30
working days10
PPSL / ELT Quarterly >75% n/a 
% of ‘major’ pre-
application
enquiries with
initial response
issued within 40
working days10
PPSL / ELT Quarterly >75% n/a 
Turnover of pre-
application
enquiries
PPSL / ELT Quarterly 100% n/a 
Explanatory Notes:
10 Review and update of pre-app process and workflow required to allow reliable data collection – implementation from FQ1 2025/26
11 National Average based on latest available data from Scottish Government Statistical Publications (2022/23)
12 Target set at being within 10% of the National Average 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
7. To conserve and where
possible enhance the
distinctive character
and special qualities of
the historic built
environment;
Timely
processing of
applications
for Listed
Building and
Conservation
Area
Consents.
Average time
taken to determine
Listed Building
and Conservation
Area planning
applications13
NPIF Annually
<12 weeks
National
Average14 
(2022/23 –
10.9 weeks)
2022/23
ABC 16.2 weeks 
2023/24 FQ2 
Nat. Avg. No data
ABC No data SG Publication Bi-annually
Explanatory Notes:
13 Excluding applications subject to a processing agreement / agreed extension of time.
14 National Average based on latest available data from Scottish Government Statistical Publications (2022/23)
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
8. To support the
Council’s response to
the ‘Climate
Emergency’ by seeking
to preserve and
enhance the character
and diversity of the
natural environment,
and ensuring that new
development is
sustainable; 
None identified at
this time     
Explanatory Notes:
The Development Management Service does not currently record or have access to a relevant data set measuring the value of Biodiversity Net Gain. It is noted that the
Scottish Government has commissioned research into various methodologies for measuring bio-diversity at site level and they have set out the aspiration for producing
a common framework through an agreed Scottish approach to measuring biodiversity which would allow for consistent and comparable assessment of losses or gains
in biodiversity across sites and allow comparison and trading across sectors. It is proposed that performance indictors of DM in this respect be reconsidered at such
time as a national biodiversity metric or measurement tool has been identified by the Scottish Government.
Research into Approaches to Measuring Biodiversity in Scotland (www.gov.scot) 
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Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
9. To support the
Council’s aim to reverse
population decline and
its response to the
‘Housing Emergency’
by supporting the
delivery of affordable
housing in the locations
where this is most
urgently required;
Support for
delivery of
new housing 
Average time
taken to determine
‘major’ Housing
planning
applications15
NPIF Annually
<43 weeks16
National
Average17 
(2022/23 –
39.3 weeks)
2022/23
ABC 46.6 weeks 
2023/24 FQ2 
Nat. Avg. 99.8
weeks
ABC No data
SG Publication Bi-annually
Average time
taken to determine
‘local’ Housing
planning
applications15
NPIF Annually
<19 weeks16
National
Average17 
(2022/23 –
17.2 weeks)
2022/23
ABC 16.6 weeks 
2023/24 FQ2 
Nat. Avg. 17.0
weeks
ABC 29.2 weeks
SG Publication Bi-annually
Explanatory Notes:
15 Excluding applications subject to a processing agreement / agreed extension of time.
16 Target set at being within 10% of the National Average
17 National Average based on latest available data from Scottish Government Statistical Publications (2022/23)
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
10. To promote and
maintain effective
engagement with key
stakeholders to the
planning process;
Customer
Engagement
Annual Customer
User Forum NPIF Annually
Min. of 1
event per
annum
n/a 
Publication of
Customer
Newsletter
NPIF Quarterly Min. of 4 per
annum n/a 
Consultee
Engagement
Ensure that
regular liaison
arrangements are
in place with all
NPIF Annually
Min. of 1
event per
annum per
stakeholder
n/a 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
key DM
consultees
Effectiveness
of Consultee
Arrangements
Average response
time for External
Consultees
NPIF Annually <21 days n/a 
Average response
time for Internal
Consultees
NPIF Annually <21 days n/a 
Elected
Member
Engagement
Number of
Member Enquiries
Received /
Responded
NPIF Annually n/a n/a 
Delivery of
Elected Member
Training
NPIF Annually
Min. of 9
events per
annum
n/a 
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
11. To ensure that the
Development
Management Service
has a valued and
supported workforce; Support DM
Staff Health
and Wellbeing
Monitor Absence
Rates
HR report to
Development
Manager
Monthly n/a ABC 
Number of
casework items
per ft Planning
Officer18
DM
Management
Team
Monthly <50 n/a 
Up to date Health
& Safety Policies
DM
Management
Team
Quarterly <2 years n/a 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Promote staff
retention and
successful
recruitment
Staff Retention
(average time in
post)
NPIF Annually n/a n/a 
Up to date
Succession and
Recruitment Plan
Corporate – HR Bi-annually <6 months n/a 
Staff Survey
DM
Management
Team
Annually n/a n/a 
Leaver Survey –
lessons learnt
DM
Management
Team
As necessary n/a n/a 
Explanatory Notes:
18 Upper threshold intended as a general guide – this will be for ATLs to set on an individual basis having due regard to level of experience, complexity of casework
and any other demands upon officer time.
Objective Outcome Description of
Measure
Reporting
Mechanism(s)
Reporting
Frequency Target Benchmarking Notes
12. To promote and where
possible seek to
advance professional
standards in planning,
and improvement of the
planning system;
Promote
professional
development
and individual
performance
% of Professional
DM staff (LGE 11
+) with RTPI
accreditation
NPIF Annually 100% n/a 
% of DM Staff to
have completed
Career
Conversation
within  preceeding
12 months
NPIF Annually 100% n/a 
Up to date
Training Plan for
DM
NPIF Annually <1 year n/a 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Review of
individual / team
performance
DM
Management
Team
Quarterly n/a n/a 
ATL/Officer 1:1 Monthly
Annual Planning
Conference (with
DP)
NPIF Annually
Min. of 1
event
annually
n/a 
Participation at
HoPS Conference
and Sub-Groups
NPIF Annually n/a n/a 
Respond to SG
consultations
relevant to
Development
Management
NPIF Annually
n/a n/a 
PPSL As required 
Review and
sharing of best
practice
NPIF Annually n/a n/a 
Provide update to
Elected Members
on Appeal
Decisions
PPSL As required n/a n/a 
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Appendix 2:
Improvement Action Plan for Development Management 2023 – 2026 (updated August 2024)
Improvement Area 1 - Review staff structure and Identify key gaps and specific workload pressures
ACTION
TIMESCALE
TO
COMMENCE
LEAD
OFFICER DELIVERY STATUS/RESOURCES Notes/Comments
1:01
Review
validation team
numbers to help
reduce
validation times
Commenced
FQ4 2022/23
HOS Development
Manager  COMPLETED 
FQ4 2022/23 
Temporary increase of CVT staffing levels effected
from March 2022. CVT performance recovered from
+28 days to being within 5 day target during Autumn
2022 and has subsequently continued to operate
within performance target.
1:02
Review
Enforcement
Planners
numbers to
enable Planners
to focus on
Planning
Applications and
Commenced
FQ4 2022/23
HOS Development
Manager
COMPLETED
FQ1 2023/24
Additional Enforcement Officer post covering
Helensburgh and Lomond/Bute and Cowal created.
Post filled from May 2023.
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deal with
Enforcement
backlog
1:03
Review Major
Applications
Team Planner
Numbers
Commenced
Summer 2022
HOS Development
Manager
COMPLETED
FQ1 2024/25
Funding for two additional Senior Planners identified
however recruitment has proven problematic (posts
advertised several times no successful applicants;
see action)
Additional resource has been provided through use of
agency staff as a temporary measure.
Two additional SPO post filled from June 2024
1:04
Review Senior
Planner and
Team Leader
Grades
Commenced
June 2023
HOS Development
Manager
COMPLETED
FQ4 2023/24
Job Evaluation process completed Sept 2023.
Senior Planners (4 posts);
Team Leaders (4 posts) additional funding required to
maintain differentials.
Funding agreed by S95 Officer
Completed – Revised JDPS approved 06.02.24 
1:05
Review Admin
support for
Development
Commenced
June 2023
HOS Development
Manager COMPLETED
FQ2 2023/24
One additional administration post LGE 8 recruited
with post taken up in August 2023
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Manager with a
focus on
communication
management
1:06
Review Planning
Policy Team
capacity
Commenced
Summer 2023
HOS Planning Policy
Manager COMPLETED
FQ2 2023/24
One additional post created within Development
Policy team
1:07
Succession
planning for
validation
service
Commenced
June 2023
HOS Development
Manager COMPLETED
FQ2 2023/24
One additional post to provide validation capacity to
maintain recovery of performance succession
planning.
1:08
Addressing
Backlog of
Planning
Application
Casework
Commenced
April 2023
HOS Development
Manager
IN PROGRESS
Focus of DM Service delivery has moved from
continuation of service with prioritisation afforded to
key applications to a focus on increasing productivity
and addressing an accrued backlog of 375
applications.
Updated performance stats provided to Policy Lead
monthly and to ELT/PPSL quarterly.
FQ1 24/25 update: Improving availability of
professional staff resource across DM and active
caseload management has seen improved output
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
from FQ1 2023/24onwards. Backlog reduced from
350 to 150 items. Additional Agency resource
recruited to provide support through until FQ3
2024/25.
1:09
Review of
Planning Officer
Resources
deployed in
West of Argyll in
both short and
long term. 
October 2023
Rescheduled 
FQ4 2023/24
Rescheduled 
FQ2 2024/25
Development
Manager
Development
Manager
NOT STARTED
Current imbalance in resources allocated to MAKI and
OLI – require to ensure that both offices are
appropriately staffed to meet demand and provide
flexibility and resilience to accommodate absence and
periods of increased demand.
Commencement delayed due to key staff absence
within OLI and MAKI teams.
1:10
GIS Resource
for
Contaminated
Land
FQ4 2023/24 HOS Development
Manager / Reg.
Services &
Building
Standards
Manager
IN PROGRESS
DM to jointly fund a temporary resource within Reg.
Services to collate and create GIS data layer on
contaminated land. Output is required to provide an
improved resource for identifying historic land
contamination in the planning process, and to release
existing resource within Reg. Services for responding
to backlog of planning consultations on contaminated
land.
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Recruitment process concluded Feb 2024. Project
underway.
Improvement Area 2 – Review Internal processes including enforcement
ACTION
TIMESCALE
TO
COMMENCE
LEAD
OFFICER DELIVERY STATUS/RESOURCES Notes/Comments
2:01
Assess policy
requirements
against NPF4
Commenced
Feb 2023
HOS Development
Manager with
input from Policy
Manager
COMPLETED
FQ4 2023/24
Review completed FQ4 2023/24 but remains under
review for any external guidance from Scottish
Government/DPEA appeal decisions.
2:02
Review Pre
application
advice process
Commenced
August 2023
HOS Development
Manager / ATLs /
Officers /
Customers
(consultation)
IN PROGRESS
Review will assess different levels of pre application
advice and associated planning fees to help speed up
process for applicants.
Review will also consider use of Self – serve (website
content) and Validation guidance – checklists? SG
agenda?
Behind schedule due to key staff absence. Customer
consultation completed Jan 2024. Further work
delayed until FQ3 2024/25.
2:03 Commenced
February 2023
HOS Development
Manager / ATLs / IN PROGRESS Initial assessment completed FQ4 2022/23 and
issued to Officers; Ongoing monitoring.
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Provide clear
guidance on
NPF4 policy
implications and
continue to
update as
required 
Action requires
to be updated to
address LDP2
Development
Policy Manager
Exercise requires to be repeated in FQ4 2023/24 to
account for LDP2 adoption.
Ongoing requirements for development of guidance
on Climate Change / Biodiversity Metric for net gain /
Short Term Lets
2:04
Review
enforcement
reporting 
September
2023
Rescheduled 
FQ4 2023/24
Rescheduled
FQ3 2024/25
HOS Development
Manager
NOT STARTED
Commencement delayed due to reduced resource
arising from key absence. Review will now commence
FQ3 24/25 with intent to implement alongside updated
Enforcement Charter during 2025
Basic reporting measures identified for DM Service
Plan however these will require review alongside a
revamped charter and workflow.
2:05
Review of ABC
Planning
Enforcement
Charter
September
2023
Rescheduled 
FQ4 2023/24
Rescheduled
FQ2 2024/25
HOS Development
Manager
IN PROGRESS
Commencement delayed due to reduced resource
arising from key absence. Light touch review to be
taken forward to Sept. 2024 PPSL meeting.
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
2:06
Review of
enforcement
workflow
processes
September
2023
Rescheduled
FQ1 2024/25
Rescheduled
FQ3 2024/25
Development
Manager
Development
Manager / ATLs /
Enforcement
Officers / Sys.
Techs
NOT STARTED
Commencement delayed due to reduced resource
arising from key absence. Review will now commence
Jan 2024 with intent to implement initial improvements
alongside updated Enforcement Charter in FQ3
2024/25, and a more significant overhaul as part of
implementation of Enterprise workflow (see action
2:07)
2:07
Expand
Enterprise
performance
management
system
Commenced
June 2023
HOS Development
Manager / Sys.
Techs
IN PROGRESS
Improve the functionality of the Enterprise system to
assist officers with performance and monitoring of
productivity.
Development of Enterprise Workflow is linked to role
out of IDOX Document Management System (DMS)
which will replace Civica. This related project has
been delayed due to issues outwith the control of
ABC.  
2:08
Review DM
manual 
Commenced
June 2023
HOS Development
Manager / ATLs /
Sys. Techs
COMPLETED
FQ2 2024/25
Internal Audit Action
Continue to update the manual to ensure all DM
Officers provide a consistent approach to decision
making.
Action is linked to 2:07 and has been subject to
delays accrued by the wider role out of the new IDOX
DMS
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
In light of delays to IDOX DMS an updated process
note updating and existing processes has been
completed FQ2 2024/25
2:09
To invest in IT
improvements
and training staff
as part of a
wider Council
transformation
programme
Commenced
2022
HOS Development
Manager and
Team Leaders;
Planning Policy
Manager. Sys.
Techs.
PROJECT CANCELLED
FQ2 2024/25
Implementation of IDOX DMS and enhanced Public
Access to support development
of the digital office with streamlined back office
systems; Focus on efficient and improved decision
making.
IDOX Document Management System (DMS) was
intended to replace Civica. This related project has
been impacted by issues outwith the control of ABC.
DM componment of project group will refocus and
seek to maximise potential of existing systems from
FQ3 2024/25 
2:10
Agree clear
protocols on
when consultee
advice is needed
and timescales
for delivering the
advice
Sept. 2023
Rescheduled
for FQ4
2023/24
HOS Development
Manager and
Planning Policy
Manager.
IN PROGRESS
Providing clear and consistent advice to all Officers on
when to trigger consultations and expected timescales
for delivery.
Linked to 2:11
Draft document prepared FQ4 2023/24 and circulated
to officers.
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
2:11
Review and
seek new
Service Level
Agreement with
ABC Roads to
improve
consultation
process/content.
Include formal
process for
escalation and
determining
items where
disagreement
cannot be
resolved (PPSL?
– DM resource
issues?)
FQ4 2023/24 HOS Head of D&EG /
Development
Manager / Roads
IN PROGRESS
Follow up expected launch of updated ABC Roads
Design Guide with Training / Roles
Templates / Service Level Agreement
Monthly Area based liaison meetings scheduled from
Feb 2024 forward. (1st meeting 22nd Feb 2024)
Quarterly meetings of DM/Roads Management team
scheduled from FQ4 2023/24 forward
2:12
Review RoH
templates and
guidance for
officers in light of
both NPF4 &
LDP2 with a
FQ4 2023/24 Development
Manager
Development
Manager / ATLs /
Sys. Tech
IN PROGRESS
Review reporting requirements with a view to
streamlining RoHs and improving officer productivity.
Benchmarking with other LA’s, review of legislative
requirements, review of Uniform system capabilities /
Officer training
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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
view to
streamlining and
providing greater
consistency
across officers
and teams in
terms of output
and effort
required.
Linked to actions 2:07 and 2:08
Updated templates to accommodate LDP2 rolled out
Feb 2024.
2:13
Review RoH
sign off process
and guidance to
improve
opportunity to
provide sign off
cover across
ATL / SPO staff
FQ1 2024/25 Development
Manager
Development
Manager / ATLs /
Sys. Techs
IN PROGRESS
Linked to actions 1:04 and 2:12
Requires regrading of SPOs
Seek to improve efficiency of RoH sign of process
alongside improved use of systems for producing
RoHs.
2:14 
Review
processes and
procedures in
relation to the
handling,
publication, and
reporting of third
FQ2 2024/25 Development
Manager
Development
Manager / Legal /
PPSL
NOT STARTED
Seek to reduce opportunity for submission of late reps
– reduce disruption to determination process.
Require to be completed in time to feed into review of
Scheme of Delegation in Sept. 2024
Page 277

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
party
representations.
2:15
Review of model
conditions.
FQ4 2023/24
Rescheduled
for FQ2
2024/25
Development
Manager
Development
Manager / ATLs /
Sys. Tech
IN PROGRESS
Require to review model conditions to ensure these
remain competent in relation to LDP2
Seek to update model conditions within Uniform
system to improve ease of use. 
2:16
Review process
and resource for
discharge of
conditions.
Streamline and
make better use
of systems.
FQ3 2024/25 Development
Manager
Development
Manager / ATLs /
Sys. Tech
NOT STARTED
Require new process to identify and allocate resource
for discharge of condition and to ensure competent
and consistent handling/recording.
Potential to charge – future revenue stream either for
additional resource or savings but requires investment
in process/systems development before this can be
realised.
2:17
Review
processes and
procedures to
streamline the
handling and
determination of
FQ3 2023/24 Development
Manager
Development
Manager / ATLs /
Sys. Tech
IN PROGRESS
Review the processes and procedures for handling of
‘minor’ casework items including statutory notifications
under the GPDO. Opportunity to streamline
procedures and minimise the use of professional
officer time required for reporting and review of less
complex items.
Page 278

Page 279

Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
statutory
notifications.
TELNOT notification process completed Jan 2024.
Work continuing to look at revised process for Prior
Notification items. 
Improvement Area 3 - Officer Attraction, Retention, Morale and Wellbeing
ACTION
TIMESCALE
TO
COMMENCE
LEAD
OFFICER DELIVERY STATUS/RESOURCES Notes/Comments
3:01
Work with HR
and
Communications
team to improve
planning adverts
to help
recruitment.
Spring 2023 HOS Development
Manager
COMPLETED
FQ4 2022/23
Improved advert narrative generated; Link in to AB the
Place To Be campaign.
Working with HR to engage with potential future
planners through careers fairs, development of
promotional material.
3:02
Ensure time for
staff to come
together and talk
about issues
they are facing
Summer 2023
Rescheduled
for Summer
2024
HOS Development
manager/Planning
Policy Manager
IN PROGRESS
Taking time for face to face meeting across the
planning service and sharing issues between team
members;
Increasing return of staff to office environment has
improved staff interrelations along with annual
conference and LDP2 training which afforded
Page 279

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
opportunity for face to face interactions. Morale within
DM Service remains low however.
DP/DM Annual Conference Scheduled for April 2024
Revised office accommodation and equipment
secured in Oban and Helensburgh
3:03
Implement
annual training
day/away day
for staff to look
at implemented
decisions in a
selected area
Autumn 2023
Rescheduled
for Summer
2024
HOS 
TO BE RESCHEDULED
Review in light of introduction to LDP2 to highlight
best practice and case studies delivered on the
ground. 
3:04
Review training
and
development
needs for the
team, identify
appropriate
training
opportunities to
retain and
upskill staff, ‘to
Commenced
Nov 2023
HOS Development
Manager and
Planning Policy
Manager
ON GOING
Relaunch ‘Careers Conversations’ to identify staff
training requirements and discussion on performance.
Career’s conversations and development of DM
training plan for 2024/25 to be completed across DM
Service by end of FQ 4 2023/24.
Update: FQ2 24/25 Training Plan to be finalised.
Page 280

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
grow our own’
and ensure skill
gaps are met
and to maintain
succession
planning at all
levels within the
team.
3:05
Hold Argyll and
Bute Design
Competition to
better recognise
outcomes on the
ground.
Summer 23
repeated every
2 years. 
HOS Planning Policy
Manager
COMPLETED
FQ2 2023/24
Nominations for design competition closed with public
vote underway. 
Awards ceremony held Summer 2023
Improvement Area 4 - Communication and Engagement with Residents, partners and Colleagues
ACTION
TIMESCALE
TO
COMMENCE
LEAD
OFFICER DELIVERY STATUS/RESOURCES Notes/Comments
4:01
Hold regular
meetings with
internal and
external
FQ3 2023/24 HOS Development
manager and
Team Leader ON GOING
Establish dates where meetings with agents; internal
and external stakeholders will be held
Linked to actions 2:10 and 2:11
Page 281

Page 282

Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
stakeholders of
the DM Service
Regular liaison meetings with Forestry Land Scotland /
SEPA / Roads / SSEN established.
Regular liaison meetings with EH / HES / Nature Scot
still TBA
Customer User forum scheduled for 1st October 2024
4:02
Carry out well
publicised quick
wins through
improvements to
the accessibility
of the website
and improved
customer
response times
FQ4 2023/24
Rescheduled for
FQ1 2024/25
HOS Development
Manager/Planning
Policy Manager
and
Communications
Team IN PROGRESS
Ensure planning is centre placed in the council’s new
website;
Establish clear communication protocols with officers
and Developers utilising additional admin support.
Initial review of website content commenced along and
discussion with Web Team initiated
4:03
Improve
communication
with the
development
industry through
a greater focus
on local agents
and restarting
Autumn 2023
Rescheduled for
FQ4 2023/24
Rescheduled for
FQ2 2024/25
HOS Development
Manager /
Development
Policy Manager
IN PROGRESS
User forum to be reinitated – arrangements to be
confirmed during FQ4 2023/24 FQ2 2024/25
Action rescheduled to allow engagement with local
Agents following adoption of LDP2. Key staff absence
has also reduced resource available during FQ3
2023/24 to progress arrangements.
User Forum to be held 1st October 2024 as a hybrid
event
Page 282

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
developer forum
(s)
4:04
Direct Members
to the Members
portal to register
complaints
regarding the
planning service
to enable a
consistency of
approach to be
taken.
Summer 2023 HOS Development
Manager
COMPLETED
Improving complaint handling/customer relation position
has seen an increase in the use of Member Portal for
local member enquiries. No further action required at
this time.
4:05
Work with the
communications
team to
establish
approaches to
counter negative
media coverage
and celebrate
good stories
Summer 2023 HOS Development
Manager
ONGOING
Improving complaint handling/customer relation position
has reduced the requirement for proactive intervention
at this time. Opportunities to provide positive coverage
of DM Service and performance remain under review.
Page 283

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
4:06
Seek to ensure
that all
applications are
either
determined
within the
statutory
timescale, or
where this is not
possible ensure
that an
extension period
is
communicated.
Commenced
Summer 2023
Development
Manager
Development
Manager / ATLs /
POs / Sys. Tech
IMPLEMENTED
New process to record and provide agents with
extension of time in place. Remains under review with
requirement for regular reinforcement. 
Significant reduction in customer complaints following
introduction.  Page 284

Page 285

ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Development Management Charter 2024 
1.0 EXECUTIVE SUMMARY 
1.1 This report seeks the endorsement of the Development Management Charter
that is attached as Appendix A.   
1.2 The Development Management Charter is intended to inform customer
expectations by providing an overview of the Development Management
Service, the Development Management Process, and to set out the standard of
service that customers should expect in terms of both performance and the
manner in which a service is delivered. 
1.3 It is recommended that the Committee approve and endorse the Development
Management Charter 2024 (Appendix A) 
Page 285 Agenda Item 11

Page 286

ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Development Management Charter 2024 
2.0 SUMMARY 
2.1     This report seeks the endorsement of the Development Management Charter
which is attached as Appendix A. 
2.2 The Charter is intended as a complimentary document to the Development
Management Service Plan 2024 – 2026. The Charter provides customers with a
summary overview of the Development Management Service and its key
functions. 
2.3 The Charter also sets out expectations in relation to the service standards that
all customers can expect in their dealings with the Development Management
Service. 
2.4 Whilst the related Development Management Service Plan 2024 – 2026 sets out
a wide range of performance targets and improvement actions it is recognised
that the content of that document is aimed at driving the internal management of
the Development Management Service. The Service Standards set out within
the Development Management Charter 2024 are a summarised version of the
key performance targets relating to the progression of planning applications and
are intended to inform expectations on how casework will be progressed, and
performance monitored. 
2.5 The Development Management Charter also seeks to direct customers to
relevant sources of information that is available online and will assist them to
‘self-serve’ where possible; details on how to contact the Development
Management Service or to raise issue via the Council’s Corporate Complaint
process. 
2.6 It is recommended that the Committee:- approve and endorse the Development
Management Charter 2024 (Appendix A) 
3.0 IMPLICATIONS 
3.1 Policy: None 
3.2   Financial: None   
3.3 Legal: None 
3.4 HR : None 
Page 286

Page 287

3.5 Fairer Scotland Duty: 
3.5.1 Equalities – Protected Characteristics: None 
3.5.2 Socio-economic Duty: A consistent and proportionate approach to
planning enforcement is essential for natural justice.   
3.5.3  Islands: None 
3.6 Climate Change: None 
3.7 Risk: None.     
3.8 Customer Service: The DM Charter identifies key performance indicators
for measuring the performance of the DM Service, and in doing so, setting
customer expectations on the service level to be provided. 
3.9  The Rights of the Child (UNCRC) - None 
Executive Director of with responsibility for Development & Economic Growth:-
Kirsty Flanagan
Policy Lead:-  Cllr Kieron Green 
10th September 2024                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix A – Development Management Charter 2024 
Page 287

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This page is intentionally left blank

Page 289

Bute • Helensburgh • Islay • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil … 
.
Draft August 2024
DEVELOPMENT MANAGEMENT 
SERVICE CHARTER
Note: Cover Photos and
Document Date to be Updated
Prior to Publication
APPENDIX A Page 289

Page 290

Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
The Development Management Service 
This charter sets out the service standards that you can expect from the Development Management
Service. Our aim is to always meet the timescales set out in these standards however there will be
times when this will not be possible.
Development Management is a key part of the Council’s Planning Service and includes:
 Determination of planning and related applications under delegated powers, or by referal of
more complex/contentious items to the Planning, Protective Services & Licencing (PPSL)
Committee; 
 Enforcement of planning regulations and condition monitoring; (subject to the Council’s Planning
Enforcement & Monitoring Charter) 
 The provision of pre-application advice to prospective applicants; 
 Representation of the Council in matters that are subject to appeal, or require to be notified
to Scottish Ministers for their determination via the Directorate for Planning & Environmental
Appeals (DPEA) 
 The provision of information to assist the Argyll and Bute Local Review Board in their
determination of applications which are subject to Local Review; 
 Representation of the Council as professional witnesses at Public Local Inquiry on planning
and related matters. 
 Assessment and determination of applications for a High Hedge Notice. 
Help Us to Help You 
A range of information about the Development Management Service and to to engage with its
activities is published on the Council’s website. 
www.argyll-bute.gov.uk/planning-and-building 
The Council’s website includes information to assist customers:  
 identify whether planning permission is required;
 how to request pre-application planning advice;
 prepare and submit new applications;
 to view planning applications and submit representations offering support or objection;
 to access and review the Local Development Plan policies and maps  
Page 290

Page 291

Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Our Commitment 
Development Management as a regulatory function plays a key role in the delivery of sustainable
economic growth. Our aspiration is to deliver an excellent standard of service as an efficient and
effective planning authority, and to uphold the following key principles within the development and
delivery of the Development Management Service:
 Professional Standards 
We will act with honesty and intergity at
all times, seeking to uphold
professional standards in our
engagement with all stakeholders. 
 Equality 
We will treat all users of the
Development Management Service
fairly, objectively and with respect. All
decisions will be made on the basis of
their planning merits and in the public
interest. 
 Accessible 
We will make planning information clear
and easy to access. We will set out
clear arrangements on how to contact
us and on how to comment on
applications. Customer feedback will be
taken into account and utilised toward
the continuous improvement of the
Development Management Service. 
 Transparent 
We will make information about
planning applications and decisions,
and the justification for reaching that
outcome available via the Public
Access Service on the Council website.   
 Responsive 
We will provide timely advice and
planning decisions. We will monitor our
performance and look to identify ways
to improve the speed and quality of the
Development Management Service. 
 Consistency 
We will provide accurate and useful
planning advice. We will make planning
decisions that seek to achieve high
quality outcomes that support the
delivery of sustainable development
and the strategic aims of the Council
and the Scottish Government as
expressed through the Development
Plan. 
 Efficient 
Where it is identified that an application
is unable to be supported then we will
clearly communicate the issues of
concern in a timely manner,
accompanied where appropriate by
advice on what action/clarification is
required by the applicant to
prospectively overcome those issues.
Where such issues are unable to be
resolved within a reasonable and
agreed time period, then applications
will be progressed to a formal
determination at the earliest opportunity
thereafter.
Page 291

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
The Development Management Process in Scotland 
Extract from "A Guide to the Planning System in Scotland" - The Scottish Government 2009
Page 292

Page 293

Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
Service Standards
General: We will aim to provide customer service in accordance with the standards set out in Argyll
and Bute Council’s Customer Service Charter.
Planning Applications: 
 We will aim to undertake an initial validation
check within 5 working days from receipt. 
 Where a site visit is required, we will aim to
undertake this within 20 working days from
receipt of a valid application. 
 We will aim to determine more than 65% of
‘householder’ applications within 2 months,
and all ‘householder’ applications in an
average timescale of less than 10 weeks$*#. 
 We will aim to determine more than 45% of
‘local’ (non-householder) applications in
less than 2 months, and all ‘local’ (non-
householder) applications in an average
timescale of less than 16 weeks$*#. 
 We will aim to determine all ‘major’
applications within an average timescale of
less than 43 weeks$*#.
$ time measured from date of validation.
* excluding applications which are subject to a processing
agreement or an agreed extension. 
#Performance targets are set to be within 10% of the
‘National Average’ based on Scottish Government
Statistical reporting.
 We will aim to determine 90% of Prior
Notification submissions within the
statutory time period. 
 Where it is not possible to determine an
application within the statutory time period
then we will, whereever possible, seek in
advance to formally agree an extension to
that time period (Processing Agreement). 
 Where an extension to statutory time
periods are agreed and/or a processing
agreement is put in place, we will aim to
determine: 
- 80% of householder applications#; 
- 70% of ‘local non householder’
applications#; and,
- 60% of ‘major’ applications#
within the agreed extended time period.
 We will aim to issue decisions within 2
working days of an application being
determined.
Pre-Application Enquiries:
 We will aim to issue a response to 75% of
‘local’ pre-application enquiries within 30
working days 
 We will aim to issue a response to 75% of
‘major’ pre-application enquiries within 40
working days 
 Where it is not possible to respond to a pre-
application enquiry in time we will in
advance seek to advise of the reason for
delay and the extended time period
required to issue a response.
Post Determination Submissions:
 We will acknowledge receipt of submission
of a Notice of Initiation of Development /
Notice of Completion of Development
within 5 working days. 
 We will aim to issue a decision on
submissions for the discharge of planning
conditions within 30 working days from
date of receipt; 
 We will aim to determine requests for a
Non-Material Amendment within: 
- 20 working days for ‘householder’
permissions;
- 30 working days for ‘local’ permissions;
and
- 40 working days for ‘major’
permissions. 
Page 293

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Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil … 
Monitoring Our Performance 
We will undertake annual reporting via a National Planning Improvement Framework report,
biannual statistical returns to the Scottish Government, and quarterly performance through reporting
to the Council’s Senior Management and Planning, Protective Services & Licensing Committee to
check whether we are meeting our service standards and these targets will be reviewed annually. 
We Want to Hear From Customers 
How to provide feedback:
Customers views and opinions are important to help us improve the Development Management
Service. You can contact us in the following ways:
Email: planning.hq@argyll-bute.gov.uk 
Post:  The Development Manager, 
Argyll and Bute Council - Development & Economic Growth
1A Manse Brae,
Lochgilphead
Argyll,
PA31 8RD
Complaints:
We aim to always provide a high standard of service. However, it is recognised that sometimes
problems do arise. If you wish to raise a complaint, then please refer to the Council’s formal
Complaints Procedure: www.argyll-bute.gov.uk/my-council/complaints 
Please note that the complaint procedure is not an avenue to formally appeal against the
interpretation of policy or the outcome of a planning decision. The Complaint Procedure is an
appropriate route to raise concerns about the processing of an application or the conduct of officers.
If, having followed the Council’s Complaint Procedure, you remain unhappy then you may take your
complaint to the Scottish Public Service Ombudsman (SPSO). Please note that the Ombudsman
does not ordinarily accept complaints that have not first been the subject of the Council’s own
complaint procedure.
Page 294

Page 295

ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Updated Planning Enforcement and Monitoring Charter 2024 
1.0 EXECUTIVE SUMMARY 
1.1 This report seeks the endorsement of an updated Argyll and Bute Enforcement
and Monitoring Charter which is contained at Appendix A.  Enforcement
Charters should be reviewed every 2 years and they must outline what service
we provide to our customers and complainants in relation to breaches and
alleged breaches of planning control.   
1.2 Our Charter outlines a proportionate and pragmatic approach to planning
enforcement to ensure our environment and economy can co-exist and
complement each other.  Effective regulation and enforcement is also essential
to ensure that all developers operate on a ‘level playing field’ and the aspirations
of the Council’s development strategy (contained within our Development Plan)
are turned into reality on the ground.   
1.3 It is recommended that the Committee approve and endorse the updated
Enforcement and Monitoring Charter 2024 (Appendix A) 
Page 295 Agenda Item 12

Page 296

ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Updated Planning Enforcement and Monitoring Charter 2024 
2.0 SUMMARY 
2.1     This report seeks the endorsement of the updated Argyll and Bute Enforcement
and Monitoring Charter which is contained at Appendix A. 
2.2 The Scottish Government stipulates that Enforcement Charters should be
reviewed every 2 years and they must outline what service we provide to our
customers and complainants in relation to breaches and alleged breaches of
planning control.   
2.3 Enforcement is one of the most complex parts of the planning system. Effective
and timely enforcement is essential for public confidence, fairness and natural
justice. The aim of this Charter is to ensure that adopted procedures are fair and
reasonable, and that interested parties are kept informed and are made aware
of what is required. Enforcement is an issue that concerns many members of the
public. 
2.4 The Council’s Enforcement Service contributes to the making of (and more so
the protecting of) our great places and physical environment which is consistent
with the Single Outcome Agreement, the Council’s Corporate Plan objectives
and the Planning Service Plan objectives. 
2.5 The purpose of planning enforcement is to resolve a problem rather than to
punish a mistake. However, the presumption remains that development should
be authorised in advance and the regularisation of development after the event
by retrospective proposals should be the exception, where there have been
inadvertent breaches of control or deviations from previously approved plans, for
example. Any action taken has to be appropriate to the scale of the breach and
we seek to work progressively with customers seeking negotiated solutions
before recourse to formal enforcement intervention. 
2.6 We also undertake strategic monitoring of consents and these may trigger an
enforcement file to be opened and investigated. Given the number of planning
consents and geographic size of Argyll and Bute we cannot strategically monitor
or review all consents. We give priority to major applications, controversial
developments or those in sensitive locations 
2.7 This Charter explains how the enforcement process works, the role of the
Council and the service standards it sets itself. It also explains what happens at
each stage of what can be a lengthy process. 
Page 296

Page 297

2.8 The Charter reflects increased levels of fines as introduced by s42 of the
Planning (Scotland) Act 2019. It is noted that the provisions of s43 and s44 of
the 2019 Act will respectively introduce additional powers to utilise Charging
Orders and a requirements relating to the monitoring and reporting relating to
‘Major’ developments. The detail of what this will entail is still not yet known
however as the Scottish Government’s work programme on implementing
planning reform has been delayed by the pandemic. It is considered that it would
be appropriate to undertake a more comprehensive review and update of the
Enforcement and Monitoring Charter at that time if necessary rather than wait for
the two year review period in 2026. 
2.9 Performance reporting measures for Planning Enforcement are set out within the
Development Management Service Plan. The Service Plan includes
commentary which notes an intention to undertake a review of workflow and use
of back office systems for planning enforcement and identifies that this will
provide an opportunity to improve the manner in which data is collected and can
be used for performance reporting purposes. It is intended to commence this
service improvement in FQ3 2024/25 with the intention of providing enhanced
performance reporting on enforcement functions from FQ1 2025/26, it is
currently envisaged that this will also include for an early review of the Planning
Enforcement & Monitoring Charter to ensure that this reflects any
revised/additional performance targets. 
2.10 It is recommended that the Committee:- approve and endorse the updated
Enforcement and Monitoring Charter 2024 (Appendix A) 
3.0 IMPLICATIONS 
3.1 Policy: None 
3.2   Financial: None   
3.3 Legal: None 
3.4 HR : None 
3.5 Fairer Scotland Duty: 
3.5.1 Equalities – Protected Characteristics: None 
3.5.2 Socio-economic Duty: A consistent and proportionate approach to
planning enforcement is essential for natural justice.   
3.5.3  Islands: None 
3.6 Climate Change: None 
3.7 Risk: Reputational risk if planning enforcement is not adequately resourced
or intervention taken.  Development Plan and spatial vision for the Council
would be undermined.     
3.8 Customer Service: Charter defines expected service standards for
planning enforcement customers. 
3.9  The Rights of the Child (UNCRC) - None
Page 297

Page 298

Executive Director with responsibility for Development & Economic Growth:- 
Kirsty Flanagan
Policy Lead:-  Cllr Kieron Green 
10th September 2024                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix A – Planning Enforcement and Monitoring Charter 2024 
Page 298

Page 299

Bute • Helensburgh • Islay • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil … 
Reviewed September 2024 - DRAFT 
PLANNING
ENFORCEMENT AND
MONITORING CHARTER 
APPENDIX A
Note - Document
date to be
updated prior to
publication
Page 299

Page 300

2
Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
This Charter outlines the procedures and standards of service that customers can expect when they make enquiries
to Argyll and Bute Council about development that may not be permitted under the relevant laws. 
The Charter also identifies the ways we monitor planning permissions and sets out the enforcement powers currently
available to the Council. These powers include the Town and Country Planning (Scotland) Act 1997 as amended by
the Planning etc. (Scotland) Act 2006, and the Planning (Scotland) Act 2019. 
Copies of this Charter are available on the Council’s website at www.argyll-bute.gov.uk, and at the following Council
offices: 
 Kilmory Castle, Lochgilphead, PA31 8RT
 1A Manse Brae, Lochgilphead, Argyll PA31 8RD
 Municipal Buildings, Albany Street, Oban, PA34 4AW
 Argyll House, Alexandra Parade, Dunoon, PA23 8AJ
 Helensburgh & Lomond Civic Centre, 38 East Clyde Street, Helensburgh G84 7PG 
Argyll and Bute Council welcomes feedback on this Charter, how it could be improved and how the Council could
improve the service it provides. 
Any feedback should be sent: 
By email to: planning.hq@argyll-bute.gov.uk 
Or by post to: 
Development Manager 
1A Manse Brae 
Lochgilphead
Argyll
PA31 8RD  
Page 300

Page 301

3
Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
CONTENTS 
CHAPTER PAGE 
1. Introduction and context         4 
2. Breaches of Planning Control        5 
3. Investigating Breaches of Planning Control      6 
4. Acting on Breaches of Planning Control      7-8 
5. Enforcement Powers          9-13 
6. Service Commitments, Outcomes and Monitoring     14 
7. Monitoring Our Performance        15 
8. Corporate Council Complaints        15 
9. Argyll and Bute Council Planning Enforcement Contacts and Other Useful Information 16-17  
Page 301

Page 302

4
Bute • Helensburgh • Islay • Tarbet • Oban • Mull • Campbeltown • Iona • Dunoon • Tiree • Lochgilphead • Seil …
CHAPTER 1: INTRODUCTION AND CONTEXT
Planning permission is required for most development that takes place in Scotland, with the exception of some minor
works. However, developers or householders sometimes undertake work without planning permission or fail to comply
with the terms of planning permissions. 
The purpose of planning enforcement is to resolve a problem rather than to punish a mistake. Any action taken has 
to be appropriate to the scale of the breach. 
Councils have discretionary powers to enforce planning controls in such cases, if they consider it is in the public
interest and expedient to do so having regard to a deemed assessment against the Local Development Plan and
material planning considerations. Councils also monitor certain developments to ensure planning controls are being
followed. Additionally, the public often alert the council to problems they become aware of. 
This Charter explains how the enforcement process works, the role of the Council and the service standards it sets
itself. It also explains what happens at each stage of what can be a lengthy process. 
Enforcement is one of the most complex parts of the planning system. Effective and timely enforcement is essential
for public confidence, fairness and natural justice. The aim of this Charter is to ensure that adopted procedures are
fair and reasonable, and that interested parties are kept informed and are made aware of what is required.
Enforcement is an issue that concerns many members of the public. 
Following the provisions of Scottish Government Circular 10/2009 – Planning Enforcement ensures that actions taken
are in line with national practices and current Scottish Government guidance. The Council’s Enforcement Service
contributes to delivery of the Local Outcome Improvement Plan objectives, the Council’s Corporate Plan objectives
and the Planning Service Plan objectives. 
We hope you will find this Charter useful and will let us know if you think we could improve the service further. 
The Council’s Enforcement Service contributes to the making of (and more so the protecting of) our great places 
and physical environment. The Council’s whole development strategy is only as good as its implementation ‘on the
ground’ and our Officers have a key role in ensuring that the key outcomes of the Development Plan or relevant
planning decision are delivered to the benefit of our economy, communities and environment. The reputation 
of the Council and our economy as a whole must also be upheld by a proportionate enforcement strategy. 
Our businesses need a fair, equitable and safe environment to grow based upon effective and proportionate
regulation and control. Planning Enforcement and Monitoring is at the heart of this by ensuring developers operate on
a level playing field in respect of the planning system and investments are underpinned by the certainty of a plan led
system that is effectively enforced. 
Monitoring and Enforcement Performance Indicators 
The Council currently record a number of performance indicators stipulated by the Scottish Government including:- 
• Number of cases investigated
• Number of Cases Taken up
• Number of Breaches Identified
• Notices Serves
• Number of Prosecutions
• Number of breaches resolved 
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CHAPTER 2: BREACHES OF PLANNING CONTROL 
Although this Charter relates to the enforcement of planning legislation, it is important to note that planning
enforcement also includes legal obligations (S75), listed buildings, tree preservation orders and advertisement
regulations. Whilst the legal enforcement procedures may differ, the objectives remain the same; the control and
regulation of development and cessation of unauthorised or undesirable development, as well as the remediation 
and reinstatement of land where necessary. It should also be noted that it is at the Council’s discretion whether it 
is expedient or appropriate to take enforcement action. Most breaches of planning control are not a criminal office,
however, works to protected trees, the display of unauthorised adverts, works to listed buildings or unauthorised
works within a Conservation Area are potentially criminal offences and a more formal approach may be required. 
For the purposes of this Charter, a breach of planning control is defined as: 
Anyone can make a complaint if they are concerned that there has been a breach of planning control. The public play
a vital role in reporting these breaches to the Council. Enquiries can be made by telephone to the relevant area office
but must be followed up in writing or by e-mail. 
Information will be treated as confidential as far as the law allows, in accordance with the Freedom of Information
(Scotland) Act 2002 (FOI), the Environmental Information (Scotland) Regulations 2004 (EIR), and the General Data
Protection Regulation (GDPR). Information will not be released where it is not in the public interest to do so unless as
a result of a ruling by the Scottish Information Commissioner or court of law. On occasions elected Members, MP’s or
MSP’s may seek information on enforcement cases from Planning Enforcement Officers. When this happens, basic
information will be supplied, such as whether or not a breach of planning control has been identified or whether any
notices have been served. Additional information may be subject to release under the FOI or EIR after enforcement
cases have been concluded.
Please note the Council will not investigate anonymous complaints unless the alleged breach is considered, by the
relevant Area Team Leader, to be so serious to demand an immediate investigation. Complaints that do not fall under
the jurisdiction of the Planning Authority such as neighbour disputes or civil matters cannot be investigated through
the Council’s planning enforcement procedures.
• Development being carried out without the benefit of planning permission
• The carrying out of development or alterations to a Listed Building or within a Conservation Area without
the required consents (which are criminal offences)
• A failure to comply with any condition, Section 75 obligation or limitation attached to any planning
permission or related consent
• Unauthorised works to protected trees
• An unauthorised change of use
• Departure from approved plans or consent
• Noncompliance with planning conditions
• Unauthorised display of advertisement
DETAILS REQUIRED TO INVESTIGATE AN ALLEGED BREACH OF PLANNING CONTROL 
• The name and address of the person who is suspected to have performed the breach of planning control
• The location of the site (a map showing the site would be useful)
• Details of the suspected breach with times, dates, etc.
• How long has the alleged breach taken place
• Explanation of the harm that the alleged breach is causing and how it affects you
• Your contact details, including if available, an e-mail address and phone details
• Whether or not you wish the enquiry to be treated as confidential 
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CHAPTER 3: INVESTIGATING BREACHES OF PLANNING CONTROL 
All enforcement complaints received by the Council will be processed in accordance with the Argyll and Bute Council
Customer Service Charter which can be viewed online at https://www.argyll-bute.gov.uk/my-council/plans-and-
policy/customer-service-charter-and-strategy 
A written complaint will be acknowledged within 3 working days. The case will then be passed to the relevant Officer
who will undertake an investigation. This will normally require a site inspection and a determination as to whether or
not there has been a breach of planning control. Where no breach of planning control has been established the
complainant will be advised of the outcome and the case will be closed. Please note that the opening of an
investigation does not necessarily mean that a breach has occurred or that formal action will be taken. 
One of the priority rating timescales, listed below, will be applied to each case. Owing to home/hybrid working
arrangements introduced in response to Covid and the geography of Argyll and Bute including many remote
settlements and islands, some site inspections may fall out with the priority timescale shown. 
Each case is assessed so as they have a level of priority, these are outlined below. 
Level 1 Priority – (site visit within 5 working days of acknowledgement of complaint) 
• Works being undertaken in contravention of the requirements of a formal notice
• The unauthorised demolition or alterations of a listed building or the demolition of or alterations to a
building within a Conservation Area
• Unauthorised works to trees protected by a Tree Preservation Order or to trees in Conservation Areas
• Unauthorised development that may lead to substantial and/or permanent damage to sites of international
or national importance, for example Sites of Special Scientific Interest, National Scenic Areas or Special
Protection Areas etc.
• Unauthorised development or breach of condition that may present an immediate danger to members 
of the public i.e. road safety, health and safety or bad neighbour development, which has a significant
detrimental impact on amenity (in the sole view of the Council)
Level 2 Priority – (site visit within 15 working days of acknowledgement of complaint) 
• Unauthorised development, likely to cause harm to the landscape or residential amenity
• Changes of use of land or buildings resulting in a potential adverse impact upon existing levels 
of amenity
• General breaches of planning conditions
• Unauthorised householder developments with the potential for limited impact, i.e. garden sheds,
replacement windows etc. within a Conservation Area
Level 3 Priority – (site visits within 20 working days of acknowledgement of complaint) 
• Unauthorised householder developments with the potential for limited impact, i.e. garden sheds,
replacement windows etc.
• Unauthorised advertisements (unless they are likely to have an immediate adverse effect on road safety)
• Untidy land
• All other potential breaches of planning control
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CHAPTER 4: ACTING ON BREACHES OF PLANNING CONTROL 
The Council has statutory powers to investigate beaches of planning control and the conditions attached to 
planning consents, and to take formal action where a satisfactory outcome cannot be achieved by negotiation.
However, enforcement is a discretionary power. This means that, even where there is a breach of planning control,
the Council has to consider if it is in the public interest to take enforcement action. The Council is not required to take
any particular action on a specific breach of planning control and, indeed, can decide that no action is necessary. 
The Council must consider each case on its own merits and decide on the best solution. As part of a deemed
assessment of enforcement cases, the Council must have regard to the Development Plan and other material
planning considerations. In many cases breaches are resolved through negotiation or the submission of a
retrospective planning application and no formal action will be taken. 
Where a breach of planning control has been established, it is the Council’s objective to proceed in the following
manner: 
1. Negotiation
It is often possible to rectify a breach of planning control through negotiation with the parties involved as formal
enforcement action is only taken as a last resort 
In some instances, even though a breach of control has occurred, it may not be appropriate to take further action. 
This is because the Council has to consider whether, having regard to the circumstances of each case it is necessary
and proportionate to issue an enforcement notice. 
A high number of enforcement cases are resolved through negotiation. 
2. Retrospective Application
There is opportunity to submit a retrospective application seeking to regularise development which has been 
either wholly or partially completed, either to address inadvertent breaches of control, or to address development
which deviates from previously approved plans. Recourse to retrospective applications should be in exceptional
circumstances and is not encouraged routinely, as there are risks associated with the merits of development 
being considered after it has been executed, and uncertainties associated with views which may be expressed 
by consultees and the public during the process means that there is no guarantee of a positive outcome. 
Whilst retrospective applications will be assessed on a “without prejudice basis”, their persistent and intentional 
use on individual projects is undesirable and may lead to further formal enforcement. 
3. Formal Action
Where it is determined that formal action must be taken to resolve an enforcement case the Council must determine
the most appropriate type of formal action to take (see Chapter 5 for more information). This normally involves the
serving of either an enforcement notice, Section 33A notice, or breach of condition notice. These notices include 
the following information: 
• A description of the breach that has taken place
• The steps that should be taken to remedy the breach
• The timescale for these steps to be taken
• The consequences of failure to comply with the notice
• Rights of appeal where appropriate  
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Only a small number of cases require to be dealt with by formal enforcement action. Any notice served on land or
buildings will appear against that property on any future property searches, regardless of any change in ownership,
until such time as the terms of the notice have been met. 
Enforcement Register
Details of enforcement notices, section 33A notices (see Chapter 5), breach of condition notices, advertisement
notices and stop notices are entered into the Council’s enforcement register which is a public document. 
The enforcement register for each area office is available for inspection at the relevant address or the complete
register is available on the Council’s web site at www.argyll-bute.gov.uk. 
Powers of Entry
The Council has powers to enter land to: 
• Establish if there has been a breach of planning control,
• To check whether there has been compliance with a formal notice,
• To check whether a breach has been satisfactorily resolved. 
Time Limit
Enforcement action must be taken within strict time limits. 
A time limit of four years for enforcement action applies to “unauthorised operational development” (i.e. the carrying
out of building, engineering, mining or other operations in, on, over or under land) and change of use to a single
dwellinghouse. After four years following the breach of planning control the development becomes lawful, and 
no enforcement action can be taken, although this does not mean that the unauthorised development benefits 
from planning permission. 
A time limit of ten years for enforcement action applies to all other development including change of use (other than 
to a single dwellinghouse) and breaches of condition, after which the development becomes lawful if no enforcement
action is commenced and as with the time limit for “operational development”, whilst enforcement action cannot be
taken, this does not mean that the unauthorised development benefits from planning permission. 
Council Land
In circumstances where a breach of planning control relates to land within the ownership of the Council it is advised
that it would generally not be appropriate for Planning Services to pursue formal enforcement action against another
Council Service on the basis that the Council is unable to take legal action upon itself as the Council is a single legal
entity. Council ownership of land does not preclude the undertaking of a planning enforcement investigation however
whenever such circumstances arise it is expected that the responsible Service, once informed of the breach of
planning control, will take all reasonable steps which are necessary to resolve the matter.  
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CHAPTER 5: ENFORCEMENT POWERS 
Enforcement powers are set out in the Town and Country Planning (Scotland) Act 1997, Listed Building and
Conservation Areas (Scotland) Act 1997 and Town & Country Planning (Control of Advertisements) (Scotland) 1984. 
Further guidance is set out in: 
• Circular 10/2009: Planning Enforcement
• Scottish Government Planning Circular 1/2011: Tree Preservation Orders
• Advertisements (Scottish Office Development Department Circular 10/1984)
• Argyll and Bute Planning Services Advertisement & Signage Policy Technical Working Notes 2017 
The circulars can be viewed at 
https://www.gov.scot/collections/planning-circulars/ 
TYPES OF NOTICES 
There are a number of different types of notice that the Council has power to serve under the Planning Acts and
related legislation. A notice can require the contravener to remedy the breach of planning control or where more
urgent action is required the contravener must cease activity with immediate effect. 
• Enforcement Notice – This notice is used to deal with unauthorised development and breaches of planning
conditions. An enforcement notice will specify; the breach, a notification period before it comes into effect 
(a minimum of 28 days), the steps that must be taken to remedy the breach and a compliance period by 
the Council. The compliance period must be reasonable and reflect the amount of work that needs to be
undertaken. There are limited grounds of appeal to Scottish Ministers against enforcement notices and, 
if an appeal is made, the notice is suspended until the decision is reached. Full details of the appeal process
is attached to the notice. Failure to comply with the terms of an enforcement notice within the time specified 
is an offence, and may lead to the imposition of a fine of up to £50,000 in the Sheriff Court or direct action. 
The notice requires to be served on any person carrying out the unauthorised development and/or any 
person having control of the land where the development is being carried out. 
• Breach of Condition Notice – This type of notice is used to enforce the conditions applied to any planning
permission. It comes into effect 28 days after being served. It may be used as an alternative to an
enforcement notice and is served on any person carrying out the unauthorised development and/or any
person having control of the land where the development is being carried out. There is no right of appeal
against this type of notice. Contravening a breach of condition notice is an offence and may lead to the
imposition of a fine of up to £5,000. 
• Stop Notice – This is served in urgent or serious cases where an unauthorised activity must be stopped 
to safeguard amenity or public safety and/or to prevent serious or irreversible harm to the environment and 
the surrounding area. When a stop notice is served, the Council must also issue an enforcement notice. 
The stop notice takes effect between 1-3 days after it has been served and will outline the steps which must
be taken to comply with the notice. There is no right of appeal against a stop notice and failure to comply 
with its terms is an offence and may lead to a fine of up to £50,000 in the Sherriff Court, though an appeal 
can be made against the accompanying enforcement notice. If a stop notice is served without due cause 
or an appeal against the enforcement notice is successful, the stop notice may be quashed and the Council
may face claims for compensation. 
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• Listed Building Enforcement Notice – The Council may serve a listed building notice where unauthorised
works have been, or are being, undertaken to a listed building. This notice must be served on the current
owner, occupier and anyone else with an interest in the property. The notice must specify the steps to be
taken to remedy the breach and a compliance period. Failure to meet the terms of the notice by the date
specified is an offence. There is a right of appeal to Scottish Ministers against the notice. It is a criminal
offence to execute or cause to be undertaken any works to demolish, alter, or extend a listed building which
would affect its character as a building of special architectural or historic interest, unless the works are
authorised. The legislation also extends to the interiors as well as the exteriors of statutory listed buildings.
Unlike a breach of planning control unauthorised works to listed buildings can never become immune from
enforcement action. 
• Advertisement Enforcement Notice – This notice may be served by the Council where it appears to them
that an advertisement has been displayed without the necessary consent, or without compliance with a
condition or limitation attached to consent. The notice is served upon the owner, lessee and occupier of the
land and on any other person known to the Council to be displaying the advertisement. The notice will require
specific steps to be taken within a specified period to remove the advertisement, to restore the land to the
condition it was in before the display began or to secure compliance with the condition or limitation. In addition
the notice may specify, as an alternative, steps to be taken to bring the display up to an acceptable condition.
Where any of the steps required by the notice have not been taken within the specified period the Council 
may enter the land and take those steps and recover its expenses from the owner or lessee of the land. 
Any person upon whom a notice of this type is served may appeal in writing to the Scottish Ministers. 
The siting or erection of an unauthorised advertisement is an offence, with a current maximum fine of £5,000.
In cases where an advertisement has been placed on Council owned land or property without consent the
advert may be removed and destroyed. Unlike a breach of planning control a breach of advertisement control
can never become immune from enforcement action. 
• Advertisement Discontinuance Notice – Some advertisements may be displayed without the requirement
for advertisement consent and are therefore lawful. Previously consented advertisements can remain on
display beyond the 5 year consent period. However, the Council may serve a notice requiring the
discontinuance of the display of that advertisement. 
• Notice Requiring Application for Planning Permission for Development Already Carried out (Section
33A Notice) – Where the Council considers that a development which does not have planning permission
may be acceptable (i.e. they consider that it might be granted planning permission) they may issue a notice
requiring the landowner or developer to submit a retrospective planning application. This application will 
be considered on its own merits and handled in the same way as any other planning application. Issuing 
such a notice does not guarantee that permission will be granted. The Council may, on consideration 
of the application, decide to refuse the application, or to grant permission subject to conditions to make 
the development acceptable. Failure to comply with the terms of a Section 33A notice may result in further
enforcement action.  
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(ii) OTHER POWERS/NOTICES OPEN TO USE BY ARGYLL AND BUTE COUNCIL 
• Planning Contravention Notice – The Council may issue a planning contravention notice on the owner or
occupier of any land, on any other person with an interest in such land, or on a person who is carrying out
operations on the land in order to obtain information about activities where a breach of planning control is
suspected. Those who receive a planning contravention notice are required to provide specified information
about operations being carried out on the land. Failure to comply with the notice within 21 days of it being
served is an offence with a current maximum fine of £5,000. 
• Fixed Penalty Notices – These provide the Council with an alternative process, in addition to the option 
to seek prosecution, to address situations where a person has failed to comply with the requirements of an
enforcement notice or a breach of condition notice. By paying the penalty imposed by a fixed penalty notice
the person will discharge any liability for prosecution for the offence. They will not, however, discharge the
obligation to comply with the terms of the enforcement or breach of condition notice and the Council will 
retain the power to take direct action to remedy the breach and recover the costs of such work from that
person. This notice may be increasingly used as in intermediary option prior to taking direct action or in
situations where a prosecution is unlikely to be taken up by the Procurator Fiscal. 
• Temporary Stop Notices – This is used to require the immediate halt of an activity which, in the Councils
view, would cause significant damage to the environment and/or local amenity. A temporary stop notices
should only be used where the Council consider that there is a clear and immediate need for such action.
Temporary stop notices differ from stop notices in that they can be served with immediate effect and do not
require to be served in conjunction with an enforcement notice. The notices ceases to have effect after 28
days after it has been displayed, unless a shorter period is specified in the notice, or the notice is withdrawn
by the Council before it ceases to have effect. A temporary stop notice may however be followed by further
enforcement action such as an enforcement notice and stop notice. There is no statutory right of appeal 
again a temporary stop notice. It is an offence to contravene a temporary stop notice which may lead to 
a fine of up to £50,000 in the Sherriff Court. 
• Listed Building Repairs Notice – This can be served by the Council on the owner of a listed building at 
any time if the owner fails to keep a listed building in a reasonable state of repair. Compulsory purchase 
can be initiated two months after service of a repairs notice. 
• Listed Building Urgent Works Notice – where it appears to the Council that any works are urgently
necessary for the preservation of a listed building, they may execute the works that are required to 
any unoccupied part of the listed building after giving no less than 7 days written notice to the owner. 
The Council may give notice to the owner of the building requiring them to pay the cost of the works. 
• Land adversely affecting the Amenity of a Neighbourhood Notice (Section 179 Notice) – The Council
may serve a notice on the owner, lessee or occupier of the land if it appears that the amenity of the area is
adversely affected by the condition of the land or buildings. The notice sets out the steps to be taken to
address the adverse effect of the condition of the land or buildings within a specified period.  
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(iii) FURTHER CONTROLS 
• Tree Preservation Order and Trees in Conservation Areas – Trees within a Conservation Area or
subject to a Tree Preservation Order are protected in law and it is an offence to cut down, uproot, willfully
destroy a tree or willfully damage, top or lop a tree in such manner as to be likely to destroy it without the
consent of the Planning Authority. You can check if a tree is within a Conservation Area or protected by 
a TPO online at https://www.argyll-bute.gov.uk/planning-and-environment/tree- preservation-orders 
• Interdict and Interim Interdicts – An Interdict is imposed by the Courts and is used to stop or prevent 
a breach of planning control. Court proceedings can prove costly and Interdicts are normally only sought 
in serious cases or where Enforcement Notices have been ignored in the past. However, the Council can
seek an Interdict in relation to any breach without having to use other powers first. Breaching an Interdict 
is treated as a contempt of court and carries heavy penalties. 
• Direct Action – Failure to comply with the terms of an Enforcement Notice within the time specified can
result in the Council carrying out the specified work. The Council can seek to recover any costs it incurs
from the land owner. 
• Power to Require Information as to Interest in Land (Section 272 Notice) – This provides limited
powers to obtain information on interests on land and the use of land. Failure to provide the information
required is an offence. 
Further enforcement powers may be made available to the Council due to changes in legislation (such as the 
Historic Environment Act and following implementation of the Planning (Scotland) Act 2019) and these will also 
be considered for use depending on the circumstances and merits of each individual case. 
OTHER POWERS 
• High Hedges: The High Hedges Act makes a range of provisions relative to high hedges in Scotland, 
that oblige the Council to act as arbiter where all other avenues to resolve a high hedge dispute have 
been exhausted. More detail for how the Act is administered within Argyll and Bute can be found at:
http://www.argyll-bute.gov.uk/high-hedges-scotland-act 
OTHER COUNCIL DEPARTMENTS AND AGENCIES WHICH MAY BECOME INVOLVED 
• Building Standards: For example where a dangerous or structurally damaged building is involved 
or where unauthorised works are being carried out to or in a building the relevant complainants may 
be directed to Building Standards who may take action under The Building (Scotland) Act 2003. 
• Regulatory Services: Failure to comply with conditions relating to private water supplies, public safety,
health issues, obtaining appropriate licenses or certificates may require investigation from colleagues
within Regulatory Services. 
• Streetscene: Where a reported breach involves Council land or property, Council Officers from
Streetscene department may remove unauthorised development/advertisements acting as landowner. 
• Roads Authority/ Trunk Roads Authority: Where it becomes apparent that an enforcement case is not 
a planning issue but a Roads or Trunk Roads issue. In cases like these the enforcement case is closed
and the relevant complainant informed, the information is then passed to a Roads Technician to progress.
The Roads Authority use a series of relevant legislation including the Roads (Scotland) Act 1984 which
includes power to remove unauthorised advertisements located within the roads corridor, falling under 
the control of the Roads Authority. 
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• Procurator Fiscal: If it transpires that the Council considers an offence has taken place it is solely a
matter for the Procurator Fiscal to decide on whether both sufficient evidence has been provided, and
whether 
a prosecution would be in the public interest. Such matters are not within the control of the Council. 
• Scottish Environmental Protection Agency (SEPA): SEPA deal with issues relating to Waste
Management Regulation and Japanese Knotweed and more information can be found at 
http://www.sepa.org.uk/ 
• Police Scotland: The Police Scotland have the power to prosecute all criminal offences in relation to
planning control and that in some high priority cases the council has the discretion to refer the matter 
to them to initiate criminal proceedings. 
ENFORCEMENT NOTICE APPEALS
There is no right of appeal against some specific notices such as a Planning Contravention Notice, Breach of
Condition Notice, Section 272 Notice and Section 33A Notice.
Where appeal rights exist, appeals are submitted to and considered by Scottish Ministers. In almost all cases appeals
are dealt with by Reporters from the Scottish Government Directorate for Planning and Environmental Appeals.
(DPEA)
Such appeals are usually determined through the submission of written statements from both parties and a site
inspection, although some cases are determined through a hearing or public local inquiry. Appeals must be made
before the date the notice takes effect which is detailed on individual notices, and is normally 28 days after the 
notice is served.
Appeals are made to:
Directorate for Planning and Environmental Appeals 
4 The Courtyard
Callendar Business Park 
Callendar Road
Falkirk 
FK1 1XR
www.dpea.scotland.gov.uk 
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CHAPTER 6: SERVICE COMMITMENTS, OUTCOMES AND
MONITORING 
All enforcement complaints received will be dealt with in the same manner regardless of their source (excluding
anonymous complaints). It is the Council’s aim to treat all enforcement cases in an even handed and fair way for 
all parties involved. Whilst it is important to resolve a breach of planning control, satisfactory outcomes can be 
found through negotiation in many cases and on occasions can be time consuming. The Council will balance the
opportunities for negotiation and delay against the seriousness of the breach and the damage caused to health,
safety, the environment or amenity.
When a planning enforcement complaint is received, a level of priority will be given in accordance with this Charter,
ensuring that all complaints are investigated within an appropriate timescale proportionate to the breach of planning
control that may or not have been committed. On occasions it should be noted that the investigations may exceed
these timescales.
Complaints will be acknowledged within three working days of receipt by letter or e-mail. This period of time allows
the Council to register the complaint and pass the case to the relevant Officer.
Following registration and acknowledgement of a possible breach of planning control, a Planning/Enforcement Officer
or Planning Technician will visit the site. Priority for both site visits and dealing with the complaint will be established
by consideration of the effect of the breach, the significance of the site and the alleged breach of planning control,
taking into account the timescales laid out in Chapter 3.
Complainants will be informed of the results of the initial investigation within 25 working days of the receipt of the
complaint. The complainant will be advised whether there is a breach of planning control, the level of priority attached
to the case, the findings of the initial site inspection and how the Council propose to proceed with the case wherever
possible.
It is not always possible to anticipate the length of time required for resolution by negotiation or on a decision on
whether to take action or not. Progress can be delayed for a number of reasons, for example, where evidence must
be collected and verified from a number of sources over a period of time, where negotiations take place, or where
formal procedures have to be used. Applications to regularise the breach of planning control, or appeals to Scottish
Ministers against a decision of the Council, will also affect the timescale for resolution of the case.
The Officer dealing with the case will update the complainant when a decision is made or when a case is resolved.
Outcomes
Our aim in undertaking enforcement activity is to protect or enhance the natural environment, protect or enhance the
historic environment, support a fair economy, and positively resolve the problems that arise from breaches of planning
control.
The Scottish Government publishes performance statistics on planning and enforcement, which can be viewed at:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Planning/Publications
Strategic Monitoring
We do not always rely on members of the public to make an enforcement complaint or bring to our attention an
alleged breach of planning control. We also undertake strategic monitoring of consents and these may trigger an
enforcement file to be opened and investigated. Given the number of planning consents and geographic size of 
Argyll and Bute we cannot strategically monitor or review all consents. We give priority to major applications,
controversial developments, and developments in sensitive locations.  
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CHAPTER 7: MONITORING OUR PERFORMANCE 
The Development Management Service undertake annual reporting via a National Planning Improvement Framework
report, biannual statistical returns to the Scottish Government, and quarterly performance reports to the Council’s
Senior Management and the Planning, Protective Services & Licencing (PPSL) Committee to check whether me are
meeting our service standards and review these targets annually. Details of the key performance measures and how
these are to be reported is set out in the Development Management Service Plan. 
CHAPTER 8: CORPORATE COUNCIL COMPLAINTS 
An enforcement complaint is not a complaint against the Council. Argyll and Bute Council hopes that the public will 
be satisfied with the planning enforcement service that is provided. In providing this service it is the Council’s sole 
aim to fully investigate enforcement complaints made to them with a view to resolving them in a consistent and 
even-handed manner. 
The Council is committed to improving the planning enforcement service and dealing promptly with any failures. 
At any point in this service should any dissatisfaction be felt about the way in which an enforcement enquiry is dealt
with, then it is open to any person to make a formal complaint. 
The Council will consider complaints made about the way in which an enforcement enquiry is dealt with and how any
investigation is carried out in terms of the service commitments. In the first instance you should discuss the matter
with the Officer involved. If you are still dissatisfied then you should contact the appropriate Area Team Leader who
will investigate the matter. 
If you remain dissatisfied with the way the Area Team Leader investigated your complaint, you can make your formal
complaint via the Councils website https://www.argyll-bute.gov.uk/my-council/complaints  
It should be noted that the actual outcome of an enforcement investigation cannot 
be the subject of a complaint, but only the way that the decision was arrived at
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CHAPTER 9: ARGYLL AND BUTE COUNCIL PLANNING
ENFORCEMENT CONTACTS AND OTHER USEFUL INFORMATION 
Enforcement Contacts
The planning enforcement function of the Council is a decentralised service based in the main Development and
Infrastructure Services Area Offices. Enforcement enquiries should be submitted to the relevant Area Office in 
the first instance. 
Contact Details for Reporting Suspected Breaches of Planning Control: 
Customer Contact Centre: 01546 605518 
• Planning Enforcement Officer 
Mid Argyll, Kintyre & Islands 
1A Manse Brae 
Lochgilphead 
PA31 8RD  
Tel no. 01546 605518
planning.maki@argyll-bute.gov.uk
• Planning Enforcement Officer Oban, 
Lorn & The Isles 
Municipal Buildings 
Oban 
PA34 4AW 
Tel no. 01546 605518
planning.olandi@argyll-bute.gov.uk
• Planning Enforcement Officer
Bute, Cowal, Helensburgh &
Lomond 
Helensburgh & Lomond Civic Centre 
38 East Clyde Street 
Helensburgh 
G84 7PG 
Tel no. 01546 605518 
planning.handl@argyll-bute.gov.uk 
planning.bandc@argyll-bute.gov.uk 
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Planning and Related Enforcement Legislation and Advice 
Planning Enforcement powers are set out in Part IV of the Town and Country Planning (Scotland) Act 1997 
(as amended) and in Chapter IV of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. 
The Planning Acts are available from HMSO, 71 Lothian Road and at www.scotland- legislation.hmso.gov.uk 
The High Hedges (Scotland) Bill was passed on 28th March 2013. Below is a link to the Council online ‘Question 
& Answers'. http://www.argyll-bute.gov.uk/high-hedges-scotland-act 
Scottish Government policy on planning enforcement is set out in Planning Circular 10/2009: Planning Enforcement
available in electronic format on the Government website at www.scotland.gov.uk/planning 
Other Council Services and external Agencies with separate enforcement and/or regulatory powers that may overlap
or compliment planning enforcement powers include: 
ABC Building Standards: https://www.argyll-bute.gov.uk/planning-and-building/building-standards 
ABC Environmental Health: https://www.argyll-bute.gov.uk/environment/environmental-health 
ABC Licencing: https://www.argyll-bute.gov.uk/licences 
ABC Roads: https://www.argyll-bute.gov.uk/roads-and-travel/roads-and-maintenance 
Advertising Standards Authority: https://www.asa.org.uk/make-a-complaint.html 
NatureScot: https://www.nature.scot/ 
Scottish Forestry: https://www.forestry.gov.scot/ 
Scottish Government Marine Directorate: https://marine.gov.scot/ 
Scottish Environmental Protection Agency (SEPA): https://www.sepa.org.uk/ 
Transport Scotland: https://www.transport.gov.scot/ 
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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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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       
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ARGYLL AND BUTE COUNCIL 
DEVELOPMENT AND ECONOMIC GROWTH 
PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE 
UPDATE ON RECENT SCOTTISH MINISTERS SECTION 37 DECISION RELATED TO 
PROPOSED 275KV TRANSMISSION LINE FROM DALMALLY TO CREAG DHUBH
_________________________________________________________________________  
OUR REFERENCE:  22/01298/S37  
ECU REFERENCE:  ECU00002199  
DPEA REFERENCE: WIN-130-1    
CASE DETAIL: CONSTRUCTION OF APPROX 13.3KM OF 275KV OVERHEAD
LINE (OHL) FROM BETWEEN CREAG DHUBH SUBSTATION SITE
AND SCOTTISH POWER ENERGY NETWORKS (SPEN) 275KV
TRANSMISSION LINE THAT RUNS FROM DALMALLY TO
INVERARNAN.
SITE ADDRESS: LAND SOUTH OF DALMALLY AND EAST OF CLADDICH    
APPLICANT:  SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC 
STATUS:   APPROVED BY SCOTTISH MINISERS ON 21ST AUGUST 2024 
_______________________________________________________________________  
1. INTRODUCTION 
1.1 In Scotland, any application to construct or operate an 275Kv overhead line requires
the consent of Scottish Ministers under Section 37 of the Electricity Act 1989. Any
ministerial authorisation given includes a ‘deemed planning permission’ and in these
circumstances there is then no requirement for a planning application to be made to
the Council as Planning Authority. The Council’s role in this process is one of a
consultee along with various other consultation bodies. It is open to the Council to
either support or object to the proposal, and to recommend conditions it would wish to
see imposed if authorisation is given by the Scottish Government.   
1.2 Argyll & Bute Council objected to this application, and consequently, a Public Inquiry
was required to determine the proposals. In this instance Members determined that
the Planning Authority should object to the proposals due to the unacceptable impacts
on the landscape and visual impact of the proposed Development on Argyll and Bute
Council designated Area of Panoramic of Quality, effects on views from the Duncan
Ban MacIntyre Monument; effects on the landscape setting of Kilchurn Castle; and
effects arising from the loss of ancient woodland. 
1.3 The reporter held a pre-examination meeting on 10 February 2023 to consider the
arrangements and procedures for the public inquiry. Hearing sessions were held
between 19 and 22 June 2023. The report of that inquiry (“PI Report”) was received by
Scottish Ministers on 23 November 2023. The decision was issued on 24 August 2024. 
1.4 This report summarises the decision made by Scottish Ministers to APPROVE Section
37 consent and deemed planning permission for the transmission line concerned. 
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2. RECOMMENDATION 
2.1 Members are asked to note the contents of the report. 
3. REPORTERS CONCLUSIONS AND RECOMMENDATION TO SCOTTISH 
MINISTERS          
Reporter’s Conclusions (Extracts from Public Inquiry Report) 
3.1 As a recently adopted policy document that relates directly to the subject matter of this
section 37 application, I agree with the applicant that the Scottish Government’s
Onshore Wind Policy Statement (OWPS) of December 2022 should be afforded
substantial weight. 
3.2 Taking all of the submissions into account, I regard the OWPS as strongly supportive
in principle of onshore wind energy generation (and by implication this proposed
development). I note that it concludes that “Deployment of onshore wind is mission-
critical for meeting our climate targets.”. I find its introduction of a 20 GW target
emphasises the importance that the Scottish Government places on this source of
electricity, which also reflects the Climate Change Committee’s predictions about the
future importance and distribution of onshore wind generation across the UK.   
3.3 The proposed development would enable the connection of two generation schemes
that already have section 37 consent (Blarghour and Tangy iv), removing the
impediment to those two schemes contributing to the Scottish Government’s drive for
more onshore wind energy. I am not convinced that the fact that the proposed
development would have the capacity to accommodate further (as yet unapproved)
generating proposals undermines the support it can draw from Scottish Government
policy, as there is no evidence to indicate that Scottish Government’s strong in-
principle support for onshore wind has been exhausted in this part of Argyll by those
existing consents. 
3.4 The Fourth National Planning Framework (NPF4) seeks, among other things, to
address this issue, by providing explicit instruction on the weight to be given to the
climate and nature crises, and detailed policy support for renewable energy
development and associated infrastructure. One of the six outcomes to which NPF4 is
legally obliged to contribute is: "meeting any targets relating to the reduction of
emissions of greenhouse gases.” Another requires: “securing positive effects for
biodiversity. 
3.5 My conclusion is that significant weight needs to be given to both crises and that, in
order to do that, it needs to be determined whether the proposal would be likely to
assist or hinder efforts to address them. For reasons I have explained earlier in this
report, I have no doubt that the proposal’s likely effect on the climate crisis would be
positive. 
3.6 With regard to the nature crisis, the loss of ancient woodland would have a negative
effect. While the applicant proposes not only compensation for this effect but also
positive enhancement measures that should ensure a net biodiversity benefit, these
would take a significant period of time to become established. It is often argued that
the greatest contributor to the nature crisis is rising global temperatures. However, I
have insufficient evidence to give that argument any significant weight.   
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3.7 My conclusion is that the proposed biodiversity enhancement measures would, in the
long term, be likely to benefit the nature crisis. However, as it would have a temporary
(but long term) adverse effect on biodiversity, this undermines some of the positive
weight that the proposal would otherwise draw from its positive contribution to the
climate crisis. 
3.8 Transmission infrastructure’s National Development status, recognises the national
significance of such development and its importance in delivering NPF4’s spatial
strategy. NPF4 confirms that such designation means the principle of development
does not need to be agreed in later consenting processes such as a section 37
application. 
3.9 I concluded in the “other matters” section of this report that, due to separation distances
and screening, the only historic asset that could have its setting materially affected by
the proposal is the Duncan Ban Monument, a category B listed building. Having
considered the likely effect on its setting, I concluded that this would not be significantly
affected. My conclusion in respect of policy 7 is that the proposal would comply with its
requirements. 
3.10 My conclusion is that significant effects on the character of this landscape type would
be limited to the immediate vicinity of the proposal, where the greater scale of the
proposed towers when compared with mature trees and other existing landscape
features, and their engineered appearance, could be fully appreciated. Beyond a
distance of around 800 metres (and less in some locations due to screening) I predict
that, existing human influences within the landscape and its large scale would enable
the development to be accommodated without significant change to its character. 
3.11 The North Argyll Area of Panoramic Quality (the APQ) is a local landscape designation
in the LDP which covers two extensive land areas separated by Loch Etive. The LDP
confirms that the aim of APQ designation is to protect locally important landscapes
within Argyll and Bute from damaging development that would diminish their very high
scenic value. According to the LDP, these areas are important not only for their
physical landforms and scenic value, but also for the environmental assets that they
represent, which could potentially be destroyed or damaged by even a relatively small,
insensitive development. 
3.12  In locations very close to the proposed OHL, anyone walking or mountain / gravel
biking would certainly have their experience impaired by the development’s adverse
visual effect. However, there is no evidence to suggest that the line of the proposal
runs close to any routes of particular importance for such activities. Indeed, I found it
difficult to access the immediate vicinity of much of the proposed OHL by mountain
bike due to the absence of suitable tracks. 
3.13 I appreciate that there is a risk that adding additional large-scale infrastructure to a
locality where that is already present, could breach a tipping point beyond which there
was harm to the qualities that are particularly valued by recreational users. However,
the evidence does not persuade me that the effect of this proposal would come close
to such a tipping point. On the contrary, I am satisfied that the overall recreational
attractiveness of this location would be minimally affected by what is now proposed.
….Consequently, I predict no significant effect on this special quality. 
3.14 In accordance with Schedule 9 of the 1989 Act, in preparing my advice and
recommendations to Ministers (and as related in this report) I have had regard to the
desirability of preserving natural beauty of conserving flora, fauna and geological or
physiographical features of special interest and of protecting sites, buildings and
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objects of architectural, historic or archaeological interest. I have also had regard to
the requirement to avoid, as far as possible, to causing injuries to fisheries or to the
stock of fish in any waters. 
3.15 I have also considered whether the applicant has satisfied the further requirement of
Schedule 9 to do what it reasonably can to mitigate any effect on any such flora, fauna,
features, sites, buildings or objects. 481. For the reasons I have set out in this report,
I am satisfied that the applicant has satisfied these Schedule 9 requirements. I am also
satisfied that what is proposed is consistent with the applicant’s duty under section 9
of the Act to develop and maintain an efficient, co-ordinated and economical system of
electricity transmission.                                            
Reporters Recommendation to the Scottish Ministers 
3.16 The Reporter recommended that consent should be granted under section 37 of the
Electricity Act 1989 and planning permission should be deemed to be granted under
section 57 of the Town and Country Planning (Scotland) Act 1997 (as amended),
subject to the conditions listed in Appendix 1.    
4.0 The Scottish Ministers’ Conclusions (extracts)  
Reasoned Conclusions on the Impacts of the Proposals  
4.1 Having considered the Application, the EIA report, responses from consultees, and
Scottish Government policies, Ministers consider that the main determining issues are: 
• the environmental impacts of the proposed Development including landscape
and      visual effects; 
• the consideration of alternatives; 
• the extent to which the proposed Development accords with and is supported
by Scottish Government policies; and 
• the contribution the proposed Development will make to realising the wider
benefits of renewable electricity generation connection to the national grid. 
4.2 The Scottish Ministers are satisfied and content with the information contained within
Chapter 8 of the EIAR for the Landscape Visual Impact Assessment (“LVIA”) and the
responses from both the Planning Authority and NatureScot. There are two locations
(Visual Point 11 – Duncan Ban monument and Visual Point 19 – Cladich Steading)
where a significantly adverse visual impact would be experienced. The Scottish
Ministers accept that harm would be caused to the visual amenity of those visiting the
Duncan Ban monument, and at Cladich Steading, however given the scale of the
proposal, the Scottish Ministers consider the incidence of significant landscape and
visual effects will be low and localised. 
4.3 Additionally, the Scottish Ministers believe the effects on the character of the Craggy
Uplands – Argyll Landscape Character Type would only be significant within close
proximity of the site and would therefore also be localised. Scottish Ministers are
content that consideration has been given to the most sensitive landscape and visual
receptors during the routing and design stage, as such any impacts have been
minimised. 
4.4 The Scottish Ministers agree with the findings and conclusions of the reporters that the
proposed Development would have significant adverse effects in landscape and visual
terms. The Scottish Ministers note the reporters’ conclusion at paragraphs 182- 184
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that although there would be significant landscape effects, these would be
predominantly low and localised. 
4.5 The Scottish Ministers agree with the reporter’s findings in paragraphs 319 to 324 of
the Report that effects on cultural heritage and archaeology would be, at worst,
moderate and not significant. 
4.6 With regard to ancient woodland, the Development would result in approximately 7.59
hectares of ancient woodland being lost, of which 5.68 hectares is native broadleaves,
and the remaining 1.91 hectares comprising of mixed scrubland, plantation woodland,
and open ground. Compensatory planting shall be carried out by the Company
ensuring no net loss of woodland as a result of the proposed Development in line with
the Scottish Government Policy on Control of Woodland Removal, which has been
included as a condition within this consent. It is acknowledged that a long-term residual
adverse effect would remain until such time as the proposed replacement broadleaf
woodland areas were fully established and functional (which could be at least 80 years) 
4.7 The reporter also considered (paragraphs 234-275) five alternative routes put forward
by the third-party objector group No More Pylons, (NMP) who suggested that further
alternatives merited consideration. 
4.8 The reporter noted that the route for the Development was determined by the Company
following a period of extensive stakeholder consultation consideration of the concerns
raised by stakeholders. The Company also gave appropriate consideration to
undergrounding by undertaking a feasibility study and commissioning a Cable Route
Report. 
4.9 Following consideration of NMP’s alternatives, the reporter concluded that these
alternatives were highly constrained by engineering, health and safety, environmental,
and economic factors. The Company is obliged to strike the correct balance between
economic, technical and environmental considerations, and the reporter concluded in
this context that their consideration of alternatives was reasonable, thorough and in
accordance with legal obligations. 
4.10 The proposed Development will provide the resilience necessary to maintain secure
and reliable supplies of energy to homes and businesses as our energy transition takes
place. It will also support the connection of a significant amount of renewable energy
generation to the national electricity system, making an important contribution to
reducing our reliance on fossil fuels. Scottish Ministers conclude that the proposed
Development is supported by the Energy Strategy. The Draft Scottish Energy Strategy
and Just Transition Plan 2023 signals that strong support from the Scottish
Government for upgraded transmission infrastructure remains. 
4.11 The Scottish Ministers consider the Development would not accord with policy 6(b)(i)
of NPF4 due to the proposed loss of ancient woodland, and (of less significance),
policy 14 due to it causing some localised amenity harm and failing to improve the
quality of the area. However, it would satisfy the requirements of all other development
plan policies and would benefit from being a national development in NPF4 and from
the support that is given within NPF4 to developments that contribute to renewable
energy generation and greenhouse gas emissions reduction. Therefore, the Scottish
Ministers conclude that the Development is, overall, in accordance with and supported
by NPF4. 
4.12 The Scottish Ministers conclude that there will be some significant adverse
environmental effects, including the localised significant adverse landscape and visual
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effects and temporary but long-term adverse effects arising from the loss of ancient
woodland. There are no other likely significant residual environmental effects.
Mitigation measures are proposed, and Scottish Ministers have secured these by
conditions attached to this consent. Scottish Ministers conclusion is that the benefits
of the proposal outweigh the adverse effects it would have. The Scottish Ministers are
satisfied having regard to current knowledge and methods of assessment that this
reasoned conclusion is up to date. 
4.13 Scotland’s energy policies and planning policies are all material considerations when
weighing up the proposed Development. NPF4 make it clear that low carbon energy
deployment, maintaining security of electricity supply, and electricity system resilience
remain a priority of the Scottish Government. These are matters which should be
afforded significant weight in favour of the proposed Development. The Scottish
Ministers conclude, for the reasons set out above, that the proposed Development is
supported by Scottish Government policies 
The Scottish Ministers Determination 
4.14 Subject to the conditions set out in Annex 2 - Part 1, the Scottish Ministers grant
consent under section 37 of the Electricity Act 1989 to install and keep installed above
ground the overhead electric line (as described in Annex 1). 
4.15 Subject to the conditions set out in Annex 2 - Part 2, the Scottish Ministers direct that
planning permission be deemed to be granted under section 57(2) of the Town and
Country Planning (Scotland) Act 1997 in respect of the Development described in
Annex 1. 92. The consent may, at any time after the expiry of a period of six months
from the date of the consent, be varied or revoked by the Scottish Ministers under
section 37 (3)(b) of the Act 
4.16 The Reporters Inquiry Report and Scottish Ministers decision and all other submissions
can be viewed on the  DPEA (Directorate of Planning Environmental Appeals) website
at the following link:      
Scottish Government - DPEA - Case Details (scotland.gov.uk)  
5.0 IMPLICATIONS 
Policy: None 
Financial: None.   
Personnel: None    
Equal Opportunities: None 
Author:  David Moore   Date: 5th September 2024 
Fergus Murray 
Head of Development and Economic Growth   
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