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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)

Argyll and Bute Council · 21 August 2024
Back to Planning, Protective Services and Licensing Committee — 21 August 2024 and its agenda

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LDP2 format template March 4th 2024
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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: 23/01367/PP 
Planning Hierarchy: Local 
Applicant: Mrs Helen Tomolillo 
Proposal: 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 
Site Address:  Kilmichael Glassary Parish Church 
DECISION ROUTE 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
• Change of Use from Church Class 10 to Dwellinghouse Class 4 
• Formation of vehicular access and driveway 
• Installation of an air source heat pump 
• Installation of sewage plant 
• Erection of garage 
• Formation of pedestrian access across graveyard, through boundary wall to proposed
amenity area 
(ii) Other specified operations
• Internal and external alterations (Listed Building Consent) 
• Formation of opening in boundary wall (Listed Building Consent) 
(B) RECOMMENDATION: 
That planning permission be refused for the reasons detailed in this report. 
(C) CONSULTATIONS:   
In summary, the following consultation responses were received: 
Area Roads Engineer
Response Issued: 10.08.2023
No objections subject to conditions

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Scottish Water
Response Issued: 02.08.2023
No objection subject to conditions 
Environmental Health Services (EHS)
Response Issued: 05.09.2023 
Argyll and Bute Design and Conservation Officer 
Response issued: 23.02.2024
Objects. 
In summary: - 
The proposed interventions to the church building itself are generally sensitive and the proposal could
most likely be supported if it were not for the surrounding graveyard. However the graveyard forms a
key part of the setting of the listed building, noting that Historic Environment Scotland guidance
explains that setting is how a building is understood, experienced and appreciated and about its
relationships with other features (in this case the graveyard), combined to give a “sense of place”. 
The consultation comments highlight guidance by Historic Environment Scotland, which states that if
it isn’t possible to keep a building in its current use then the requirement is to “find a new use that has
the least possible effect on the things that make the building special”. 
The response notes that the proposed change of use to a residential dwelling would alter the
relationship between the listed church and its graveyard setting to the point that the sense of place
would be significantly altered and states that an occasional community or public use would potentially
be more suited to the nature of this site. 
The response concludes that the proposed residential use is unlikely to be suitable for this former
church and requests that an assessment is provided of the cultural significance of the listed church
and its graveyard. ” 
Argyll and Bute Council’s Access Manager 
Response issued: 25.01.2024 
Objects to the proposed development 
Comments are summarised as follows:- 
The response sets out a number of access related concerns associated with the proposed
development. The response concludes by stating the proposal would have a significant and detrimental
impact on the public’s legal rights of access to land, owned and maintained by the Council on behalf of
the public. 
West of Scotland Archaeology Service (WoSAS) 
Response issued: 21.09.2023
Advises that the application may raise significant archaeological issues based on the long history of
use at the site and that the long history of both structures and burials means ground works
association with the development could possibly comprise unlawful activity. The response sets out
that the site needs to be subject to archaeological evaluation prior to the determination of the
planning application, the findings of which could still result in recommending refusal of the application.   
(D) HISTORY:   
None

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(E) PUBLICITY:   
The proposed development has been advertised in terms of Regulation 20 neighbour notification and
local newspaper publication 
ADVERT TYPE:
Regulation 20 Advert Local Application
EXPIRY DATE: 01.09.2023 
(F) REPRESENTATIONS:   
(i) Representations received from: 
A total of 30 representations have been received as set out below: - 
13 no. Support
• Mr Graham Melville, 269 Chesterfield Rd, Staveley, Chesterfield S43 3RX
• Mr Carlo Pacitti, 10 Clover Place, Newton Mearns, Glasgow G77 6JX
• Mrs Dominique Mulholland, Lodge House, 2 Avontoun Gardens, Linlithgow West Lothian EH496QB
• Mr Christopher Tomolillo, 3 Avontoun Gardens, Linlithgow EH49 6QB
• Miss Joanna Freeman, 19 Austen House, Amwell End, Ware, SG12 9FW
• Mr Kenneth Gray, 1A Bonfield Road, Strathkinness, St Andrews, KY16 9RR 
• Dr Lindsey Gray, Bluestone House, 1A Bonfield Road, Strathkinness, by St Andrews, KY16 9RR
• Mr Alexander Ray, 19 Austen House, Amwell End, Ware, SG12 9FW
• Caroline Waterhouse, The Lodge, Kilmartin, Argyll, PA31 8RQ
• Mr Thomas Millar, 4, Margnaheglish, Road, Lamlash, Isle of Arran, KA27 8LL 
• Mrs June Millar, 4, Margnaheglish, Road, Lamlash, Isle of Arran, KA27 8LL
• Dr Brian Boag, Birch Brae, Knapp, Perth, PH14 9SW
• Miss Ana Mayoral, 49A, Glasgow Road, Stirling, FK7 OPA 
17 no. Objections
• Mr Allen Gillies, 10 Glenfyne Park, Ardrishaig, Lochgilphead, Argyll And Bute PA30 8HQ
• Dunadd Community Council, Tigh Bhruaich, Kiduskland Road, Adrishaig Lochgilphead, Argyll and
Bute, PA30 8HE 
• Mrs Doreen Hislop, Braigh Bhaile, North Ballachullish, Onich, Fort William, PH33 6SA 
• Mr Donald Gillies, 4 Dornoch Way, High Blantyre, G72 0GR
• Mr Brendan McMonagle, 3 Gleneagles Place, Kilmarnock, KA1 2FE
• Ms Jade Clark, 1 Brabloch Park, Flat 3/2, Paisley, PA3 4QD
• Mr Ross Cook, 3 Gleneagles Place, Kilmarnock, KA1 2FE
• Mrs Melody Banford, 11 Crescent, Skelmorlie, PA17 5DX 
• Mrs Lorna Thorburn, 7 Barga Gardens, Saltcoats, KA21 6GG
• Mrs Anne Gillies, 20 Clamps Terrace, east Kilbride, G74 2HA
• Mr Gary White, 43 Viking Crescent, Housten, Johnstone, PA6 7LQ
• Mr Hamish Thorburn, 36 Arran Crescent, Beith, KA15 2DU
• Mr Jamie Thorburn, 7 Barga Gardens, Saltcoats, KA21 6GG
• Mrs Frances McNeill, 21 Cara View, Tayinloan, Tarbert, Argyll and Bute, PA29 6XJ
• Mrs Leigh Phillips, 1 Am Baillie Mor, Kilmichael Glassary, Lochgilpead, Argyll and Bute, PA31 8BQ
• Mr John Gillies, 20 Clamps Terrace, St Leonards, East Kilbride, G74 2HA
• Ms Lorna Leitch, 8 Lilac Court, Cumbernauld, G67 3QB

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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: 
It should be reiterated that the considerations listed below are only a summary of the representations
received and that full copies of representations made are available to view on the Council’s website: 
SUPPORT   
• The proposed design is complementary, sustainable and an improvement to the
surrounding area and building; 
• The reuse of the church stops the building deteriorating and becoming a building at
risk; 
• The building is in need of repair and brought up to current standards;
• The applicant is proposing to protect the building and preserve historical and cultural
heritage;
• This is not the first church with a graveyard to have a change of use and there are
examples of successful conversions; 
• The conversion will have a positive impact on the community;
• If the building was any other use it would still need services and thus the disruption to
the graveyard;
• The work done to get services to the church would be carried out with extreme
sensitivity. 
Officer Comments:  It is considered that the physical alterations to the building and
the site are sympathetic to the listed buildings. Limited details have been provided
regarding other examples of residential conversion to church buildings. In any event,
the planning authority must determine this application on its own individual merits. In
this case, and for the reasons set out in the attached appendix, it is considered that
planning permission should be refused for the proposed development.     
Maintenance of surrounding graveyard 
• The risk of demise of surrounding land including graveyard if permission is not granted;
• If someone is living in the church, they will naturally keep an eye on the graveyard and
ensure it is not vandalised or damaged;
• The graveyard may receive extra attention in terms of maintenance; 
• The proposed change of use would mean less disruption to the gravestones and 
graveyard;
• As a burial site, the graveyard will continued to be owned and protected by Argyll and
Bute council which should reassure any objectors that the site will be ‘out of danger’;
• The proposal does not affect the graveyard, it would allow for respectful coexistence
of the past and the present. 
Officer Comments:  The operational graveyard is a public space owned and
maintained by Argyll and Bute Council and therefore the surrounding graveyard would
be maintained. Notwithstanding this, for the reasons set out in the appendix, the
proposal is considered to have a detrimental effect on the amenity of the neighbouring
land use and setting of the listed buildings which in this case is the operational
graveyard.

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Access  
• Long term access to the cemetery is not affected;
• If public access is ensured to the graveyard, the current proposal would be highly
beneficial to Kilmichael Glassary;
• The use of land to the north will have minimal impact to the road 
Officer Comments: For the reasons set out in Appendix A, a consequence of public
access to the graveyard has contributed to the reasons that planning permission is
recommended for refusal. It is noted that Roads have raised no objection to the
proposed development.   
Impact and Protection of Graveyard
• There are means in which the area can be checked for unmarked graves (specifically
ground penetrating radar) prior to any work being carried out;
• Many people who have objected have not read the outline plans which are based on
the impact of the cemetery, which is owned by the council and would not be affected;
• The graveyard is listed on the Commonwealth War Graves Commission site and is B
listed so is protected. 
Officer Comments: The above comments are noted.  However the points raised no not
overcome the concerns set out in the reasons for refusal regarding the compatibility of
the proposed land use with the surrounding graveyard (and vice versa), harm to the
setting of the listed buildings, nor the need for an archaeological evaluation to be carried
out prior to the determination of the application.   
OBJECTIONS 
Disturbance to the graves 
• Excavation and construction works could disturb the graves (including war graves,
and historical graves dating back to the 1200s or possibly earlier, and unmarked
graves);
• There are no details on how graves would be protected during renovations or longer
term. 
Officer Comments: It is considered that the proposal would result in some temporary
disruption to the graveyard. The applicant has confirmed that she wishes to preserve
the graves as much as possible and the works would be carried out with caution and
appropriate surveys prior to any works commencing. The applicant has also confirmed
that she has no control over the operational graveyard which is a public space and it
still owned and maintained by Argyll and Bute Council.  Notwithstanding this, matters
relating to archaeology comprise a recommended reason for refusal. 
Archaeology 
• Previously a medieval stone and bell was found, there are not clear records to indicate
what is in the ground;
• The existing church is the fourth church at the site since before the 1500s and there
is no knowledge of what lies beneath the ground; 
• Sufficient consideration has not been given to protecting the archaeology and the
history of the site;
• No digging or excavation works should be allowed to make the driveway and garage
over archaeological concerns.

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Officer Comments: WoSAS are concerned that the proposed development may raise
significant archaeological issues based on the past use of the site for worship and
burial. In response, the applicant has stated that the main objective is not to disturb
any of the graves and to achieve this they propose that the drainage connection
follows the existing line of the pedestrian path to the church. The applicant has further
stated that they would consult with a recommended archaeologist to determine the
best course of action to mitigate against unnecessary disturbance and consider
undertaking a CAT survey of the prior to the works commencing. 
Whilst the applicant has proposed to address these matters prior to the works
commencing, no assessment of the importance of the site, or archaeological
evaluation has been submitted prior to the determination of the application as
requested by the WoSAS consultee. Therefore the proposed development is
considered to be contrary with the aims of NPF4 Policy, 7(o) and ABC LDP2 Policy 21,
Sites of Archaeological Importance.   
Infrastructure and Services 
• Concerns raised regarding how infrastructure serving the development would be
delivered in the context of the graveyard;
• No excavation works or digging should be allowed on the path, within the boundary
wall or the field below;
• Removing a section of the boundary wall will expose and damage graves. 
Officer Comments: The applicant proposes to run the proposed services
underground the existing pedestrian paths. The applicant has since submitted
amended plans showing the alternative siting of the heat pump to the rear of the
church further away from the gravestones. Scottish Water have been consulted and
have no objection to the proposal subject to conditions. 
It is accepted that there would be some temporary disruption to the graveyard. The
applicant has confirmed that the works would be carried out with caution with the
intention to preserve the gravestones as much as possible and to undergo any
necessary survey works prior to works commencing. Notwithstanding this, matters
relating to archaeology comprise a recommended reason for refusal. 
Historical Sensitivity and Sense of Place 
• Work is proposed in close proximity to the protected boundary wall;
• The building itself is also of historic importance and the window at the front should not
be altered;
• Kilmichael is a historic part of the village and most of the history has been taken from
the village;
• Several concerns raised by the community that feel it is a sensitive and meaningful
site as well as a historic one within the village 
Officer Comments: The application has been assessed and it is     considered that
the proposed physical alterations are sympathetic to the listed building and its setting;
such matters are covered further in the accompanying listed building consent Report
of Handling. 
The Council’s Conservation Officer has raised concerns that the proposed residential
use is unlikely to be suitable for this former church due to the surrounding operational

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graveyard.  For the reasons set out below, it is considered that the change of use
associated with the proposed development would have an adverse effect on the
setting of the Category B Listed Building. 
Alternative Change of Use 
• The church would be better used as a community hall. 
Officer Comments: This matter is considered further in Section P and Appendix A
below. 
Access 
• Concerns of restricted public access to graveyard grounds and restricted access to
family graves now, during construction works and in the future;
• There is no guarantee that the graveyard would be used and nothing to prevent
residents to use the ground as they wish. 
Officer Comments: It is also noted that as the Council own and maintain the
surrounding graveyard, public access could be maintained. 
Compatibility of the proposed use and graveyard 
• The proposal is extremely disrespectful to families and people who are buried at the
graveyard;
• Concerns that family buried within graveyard will now form part of a private garden;
• There is not enough space to support family life around the building.
• The plans show a drying green, space for bins and a leisure area outside the present
grounds of the church highlights the insensitivity of the proposal;
• The proposal involves an opening in the boundary wall and building a pathway through
the graves;
• The proposal does not include for boundaries between the building and the graveyard;
• Pedestrian access from building to ancillary space will require the need to cross
graves. 
• With reference to those buried, there is a lack of respect to previous generations,
including those who gave their lives in war-time;
• There is no way to ensure privacy or a peaceful experience for visitors paying their
respects;
• There would be desecration of the graveyard ground. 
Officer Comments: It is acknowledged that the proposed development has raised
personal matters of particular sensitivity for a number of respondents. It is respectfully
noted that objections on moral grounds is a planning consideration that can be afforded
limited weight only. However, for the reasons set out in Appendix A, it is considered that
the proposed change of use to a residential dwelling would be incompatible
development with the operational graveyard immediately surrounding the building. 
(G) SUPPORTING INFORMATION 
(i) Has the application been the subject
of:
☒No 
(ii) Environmental Impact Assessment
Report:
☒No

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(iii) An Appropriate Assessment under the
Conservation (Natural Habitats)
Regulations 1994:   
☒No 
(iv) A Design or Design/Access statement:   ☒No  
Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) 
TN06 Sustainability Checklist ☒No
TN07 Sustainable Buildings Checklist ☒No 
The application was submitted prior to the adoption of LDP2. In this instance, it is considered that there
is sufficient information available to allow for an informed determination of the proposed development. 
(v) A report on the impact of the proposed
development eg. Retail impact,
transport impact, noise impact, flood
risk, drainage impact etc:  
☒No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:  ☒No 
(I) Has a Direction been issued by Scottish
Ministers in terms of Regulation 30, 31 or 32:  ☒No 
(i) (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 
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 7 – Historic Assets and Places
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

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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 
Productive Places
NPF4 Policy 29 – Rural Development 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 01 – Settlement Areas
Policy 02 – Outwith 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 11 – Design – Conversions and Change of Use
Policy 14 – Bad Neighbour Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings
Policy 18 – Enabling Development
Policy 21 – Sites of Archaeological Importance 
Connected Places 
Policy 32 – Active Travel
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 39 – Construction Standards for Private Accesses
Policy 40 – Vehicle Parking Provision 
Sustainable Communities 
Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems
Policy 63 – Waste Related Development and Waste Management 
Homes for People 
Policy 66 – New Residential Development on Non-Allocated Housing Sites within Settlement
Areas 
High Quality Environment 
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 79 – Protection of Soil and Peat Resources

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(ii) Local Development Plan 2 Schedules 
•  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)
• 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:  ☒ No 
(L) Has the application been the subject of statutory pre-application consultation (PAC):  ☒No 
(M) Does the Council have an interest in the site:  ☒Yes 
The surrounding graveyard is managed by Argyll and Bute Council. 
(N) Requirement for a pre-determination hearing:  ☒No
It is acknowledged that a number of representations (in support and in objection) have been received in
response to the 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 hearing. As such, it is considered unlikely that a pre-determination hearing would add significant
value to the decision making process.
• 
(O)(i) Key Constraints/Designations Affected by the Development:
• Kilmichael Glassary Parish Church, Kilmichael Village Category B Listed LB11033
• Kilmichael Churchyard Wall Category B Listed, Kilmichael Village LB11034  
(O)(ii) Soils 
Agricultural Land Classification:  Built Up Area
6.10 Proposed Driveway 
Peatland/Carbon Rich Soils Classification: 
Peat Depth Classification: ☒NA  
Does the development relate to croft land? ☒No
Would the development restrict access to croft or better quality agricultural land? ☒No
Would the development result in fragmentation of croft / better quality agricultural land?
☒N/A

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(O)(iii) Woodland ☒No 
Will the proposal result in loss of
trees/woodland? 
☒N/A
Does the proposal include any replacement or compensatory planting?
☒N/A 
☒Brownfield – Church building 
☒Greenfield – proposed ancillary grounds and
driveway 
(O)(iv) Land Status / LDP Settlement Strategy 
ABC LDP2 Settlement Strategy
☒Settlement Area
☒Countryside Area 
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 change of use of former church to a dwellinghouse, formation
of vehicular access and driveway, erection of garage/carport, formation of opening in boundary wall
to provide pedestrian access and associated works at Kilmichael Glassary Parish Church,
Kilmichael Glassary, Argyll and Bute. The Parish Church and its Churchyard Wall are both Category
B Listed Buildings. 
A Listed Building Consent Application (reference no 23/01369/LIB) has been submitted in
association with this planning application, a separate Report of Handling for which is also before
PPSL members. The listed building applications 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 a Countryside Area. The proposed development benefits from
support in principle with reference to LDP2 policies 01, 02, and NPF4 Policy 17c) and NPF4 Policy
9, subject to the acceptability of a number detailed matters as set out in Appendix A.   
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. The acceptability of the physical alterations is
reflected in the recommendation to grant listed building consent (subject to conditions), for the
reasons set out in the Report of Handling for the listed building consent application (23/01369/LIB). 
However, in short, officers consider that the adjoining graveyard forms part 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. 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 publically
accessible graveyard (owned and maintained by the Council, with a number of relatively recent
internments, and some potential to accommodate future burials for identified family burials) 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.

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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 in 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, which
would be contrary to planning policy. 
The applicant has put forward further statements to support the proposed development. This
includes citing the deteriorating condition of the listed building, details of how the development would
be constructed and occupied, reference to other development proposals, and reasons why a
community use would not be suitable nor preferable to the residential use proposed for the site. 
Officers have considered the points raised and note that the church is no longer in use and
acknowledge that continued use can preserve a listed building for future generations. However, it is
considered that the use of a listed building must be appropriate in terms of its special interest and
setting. In addition, limited evidence has been provided to demonstrate that other potentially more
appropriate uses of the site are not achievable. Furthermore, officers concerns regarding the
incompatibility of the residential use and graveyard and in relation to the likelihood of significant
archaeological implications remain. 
Officers have carefully considered all points raised by the applicant and note that the proposed
development would make a (albeit modest) contribution towards housing supply, in the context of
the Council declaring a housing emergency. However, for the reasons for refusal set out in the
proposed reasons for refusal, it is recommended that planning permission should be refused for the
proposed development.   
A full report is provided in Appendix A. 
(Q) Is the proposal consistent with the Development Plan:☒No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should be
Refused : 
The proposal is considered to be in conflict with the relevant provisions of the Development Plan,
and there are no other material considerations of sufficient significance to indicate that it would be
appropriate to grant planning permission having regard to s25 of the Act. 
(S) Reasoned justification for a departure to the provisions of the Development Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☒No       
Author of Report: Jennifer Campbell
& Bryn Bowker
Date: 06.08.2024 
Reviewing Officer: Sandra Davies Date: 07.08.2024

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Fergus Murray
Head of Development & Economic Growth 
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 23/01367/PP 
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 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.

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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/01367/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Settlement Strategy 
1.1. Planning permission is sought for the change of use of a former church to form a
dwellinghouse, for formation of vehicular access and driveway, erection of garage/carport,
formation of opening in boundary wall to provide pedestrian access and associated works
at Kilmichael Glassary Parish Church. The Parish Church and its Churchyard Wall are
both Category B Listed Buildings. 
1.2. A Listed Building Consent Application (reference no 23/01369/LIB) has been submitted
in association with this planning application, a separate Report of Handling for which is
before PPSL members. 
1.3. In terms of (LDP2, the site’s location straddles a Settlement Area (Kilmichael/Bridgend
village) and a Countryside Area. Of relevance to Settlement Areas and to the proposal, in
summary LDP2 Policy 01 states that development will normally be acceptable  where 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; 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 complies with all relevant LDP2
policies. 
1.4. The formation of the ancillary space and vehicle access would be within a Countryside
Area, as defined by LDP2.  For Countryside Areas, in summary LDP2 Policy 02 sets out
a presumption in favour of sustainable development where this is of an appropriate scale,
design, siting and use for its countryside location, as detailed in the relevant subject
policies. LDP2 Policy 11 ‘Design: Conversions and Change of Use’ is also of relevance,
which in short sets out such proposals must respect the character of the traditional use;
reuse materials wherever practicable; retain features of particular architectural or historic
interest; and be capable of providing the proposed use without substantial extension or
alteration which would be detrimental to the character of the building; be in scale and
sympathy with the surrounding landscape, and not require significant infrastructure that
is detrimental to the character or amenity of the place. 
1.5. NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant
and derelict land and buildings, and to help reduce the need for greenfield development.
NPF4 Policy (d) provides support for development proposals for the reuse of existing
buildings, where consideration is given to their suitability for conversion to other uses. 
1.6. NPF4 Policy 17c) sets out that new homes in remote rural areas will be supported where
it supports and sustains existing fragile communities, supports identified local housing
outcomes and is suitable in terms of location, access and environmental impact. 
1.7. Finally, noting the proposed development encompasses and would affect two Category
B Listed Buildings (the Parish Church and its Churchyard Walls), LDP2 policies 15
‘Supporting the Protection, Conservation and Enhancement of Our Historic Built
Environment’, 16 ‘Listed Buildings’ and NPF4 Policy 7 ‘Historic Assets and Places’ are of

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relevance to the principle of development, which in short and combined seek to preserve
the special interest and setting of listed buildings. 
1.8. With reference to the above policies, the principle of the proposed development would be
acceptable, subject to the consideration of detailed matters considered below. 
2. Proposed design details and the historic environment 
2.1. The site of the proposal is located on the north east edge of the settlement of Kilmichael
Glassary. The site is situated within an area predominantly residential in use, including
detached and semi- detached dwellings. A car park and school are near the church on
the west side of the road with residential dwellings set back further on the hill. The
surrounding landscape to the east and north of the church and graveyard has a sloping
gradient where the landscape is open and agricultural in nature. The site is not subject of
any landscape or nature designations. 
2.2. The church is currently not in use and the adjacent land immediately surrounding it is an
operational graveyard that is owned and maintained by the Council. The existing access
to the building is through the churchyard gates via a path that crosses the graveyard to
the church entrance.  The church and graveyard is bounded by a Category B listed wall.
There is currently no vehicle access and parking within the site, however there is a car
park to the south west of the church. 
2.3. The applicant has purchased the church building from the Church of Scotland and is
proposing to make physical alterations to it and change it to a residential use. The
applicant has also purchased a small area of land that is located immediately north of the
graveyard beyond the boundary wall. The operational graveyard surrounding the church
is open to the public and is still visited by the public. A small number of lairs still available
for burial. The graveyard includes a grave commemorating those lost in WW1 and two
Commonwealth War Graves. 
2.4. Physical alterations to the listed parish church include an infill roof alteration to the east
section of the building, internal alterations to form a three bedroom dwelling across the
ground floor, a new first floor, the replacement of existing windows, and the insertion of
heritage roof lights and stove pipe. An opening would also be inserted into the listed
churchyard wall. 
2.5. A new vehicular access, with driveway, garage with car port, bin storage area, outside
drying area and stair access to the proposed dwelling would be sited to the north of the
graveyard, necessitating removal of a small section of the B listed Churchyard Wall to
access. The formation of the vehicular access would require an alteration to the existing
stonewall that bounds the highway. The site boundary to the northern parcel of the site
would be formed by post and wire stock proof fencing 
2.6. Serving infrastructure associated with the proposed change of use include the installation
of an air source heat pump just off the east elevation of the church, and a private
sewerage pump system along the southern footpath access to the main building. The
development would connect to the existing public water supply network. 
2.7. Officers are of the view that the physical alterations and minor supporting infrastructure
proposed to the listed building and listed wall would preserve the special interest of both
listed structures. This is reflected in the recommendation to grant listed building consent
(subject to conditions), for the reasons set out in the Report of Handling for the listed
building consent application (23/01369/LIB).

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2.8. Noting the edge of settlement location and nearby listed buildings, subject to a
landscaping planning condition, the newly formed vehicular access, garage with car port
and associated development, would be modest in scale, and would preserve the setting
of the listed structures and the landscape character of the surrounding area. 
2.9. However, the change of use of the former church to a residential dwelling raises concern
in respect of the setting of the Category B Listed Parish Church. Officers consider that the
adjoining graveyard forms part 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 of the listed building. The proposed change of use of the
former parish church to a residential dwelling would significantly alter the relationship the
Parish Church has with its graveyard, to the extent that the proposed development would
have an adverse impact on the setting of the listed building. 
2.10. In this light, of relevance to this concern, it is noted that LDP 2 Policy 15 sets out
development proposal will not be acceptable where they fail to preserve the special
characteristics of the historic built environment in terms of its proposed use. In addition,
LDP2 Policy 16 sets out that a development proposal which affects a listed building, its
curtilage or its setting will only be supported where it respects the original structure in
terms of setting and proposed use.   
2.11. In terms of NPF4, Policy 7 is of most relevance to the setting of a listed building,
particularly criteria a) and c). Criterion a) requires that development proposals with a
potentially significant impact on historic assets or places will be based on an assessment
which is based on an understanding of the cultural significance of the asset or place.
Criterion c) sets out that development affect the setting of a listed building should preserve
its character, and its special architectural or historic interest.  In terms of criterion a), the
applicant has declined to produce such an assessment and as such the proposal conflicts
with this part of NPF4 Policy 7a). This in itself is not harm nor determinative for the
proposal. However, the above identified harm to the setting of the listed building is
determinative.   
2.12. Such harm should also be considered in the context of Section 14 of the Planning
(Listed Buildings and Conservation Areas) (Scotland) Act 1997 (the Act) is of particular
relevance and sets out “in considering whether to grant listed building consent for any
works, the planning authority or the Secretary of State, as the case may be, shall have
special regard to the desirability of preserving the building or its setting or any features of
special architectural or historic interest which it possesses.” 
2.13. Drawing the above together, for the reasons set out in the accompanying Report of
Handling for the listed building consent application (23/01369/PP), the physical alterations
to the listed Parish Church and Churchyard Wall would preserve the special interest of
both historical assets.  It is also considered that the proposed development would not
harm the landscape character and appearance of the surrounding area. 
2.14. However, the proposed change of use of the church to a residential dwelling (which
forms part of this planning application 23/01367/PP) 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.
As such the proposal would conflict with LDP2 policies 15, 16, NPF4 Policy 7 (criteria a
and c) and the Council’s Statutory Duty set out at Section 14 of the Act, insofar as they
relate to the setting of a listed building.

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3. Compatibility of the proposed land use with the existing adjoining land use 
3.1. As part of the proposal, the church building would become a three bedroom residential
dwelling, surrounded immediately by an operational graveyard accessible to the public.
The graveyard is owned and maintained by the Council with recent internments and the
potential to accommodate further burials, where a family can sufficiently identify a family
lair. The available evidence (including representations received in response to the
application) indicate that the graveyard is and will continue to be a used as a public space. 
3.2. The church occupies roughly a central location in the graveyard, with ground floor
windows on all of its elevations. Graves would be in very close proximity to the proposed
dwelling. Members of the public using the graveyard would have a not unreasonable
expectation that the space could be used at any point during the day and night, and in a
manner that affords privacy, dignity and allows quiet contemplation. Future residents of
the proposed development would have the reasonable expectation that domestic activity
typically associated with residential use could be undertaken relatively unhindered.
Previously, the operation of the church was directly linked to that of the graveyard. The
proposed change of use would sever the relationship between the church and graveyard,
introducing two different land uses in close proximity that could operate separately. 
3.3. In such circumstances, the graveyard would be overlooked by future residents, which
would unacceptably harm the privacy of the public using the graveyard. In addition, the
activity, noise and disturbance typically associated with, and reasonable to expect of a
dwelling would be particularly noticeable to users of the graveyard. The applicant has
stated that the Church of Scotland have confirmed there are only two burial plots available
before the graveyard reaches its full capacity. The applicant has also committed to
vacating the property during any burial service, if notified ahead of time. However, future
residents of the property might not be amenable to such arrangements.  Furthermore,
with reference to NPF4 Policy 18b (which sets out the tests that planning condition should
meet), it is considered that the use of a planning condition to control human behaviour to
this direct extent would not be enforceable, or reasonable in all other respects. Moreover,
public use of the graveyard is not solely confined to burial services; it has a wider use,
including for remembrance and quiet contemplation. As such, outside of burial services, 
the above identified harm would remain 
3.4. Also of importance is the resultant quality of living environment the proposal would provide
for future residents, particularly in the context of the proximity of a publicly accessible and
operational graveyard. In this light, officers are concerned about the extent of privacy
future residents would have, noting nothing could prevent users of the graveyard from
looking directly into the dwelling through the numerous, proximate and extensive ground
floor windows. Such circumstances would represent an unacceptable loss of privacy for
future residents. 
3.5. Drawing the above together, it is considered that proposed residential land use 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 the users
of the graveyard. As such, the proposal would be contrary to LDP2 policies 01, 05, 08,14,
66c) and NPF4 Policy 14c). 
4. Archaeology 
4.1. West of Scotland Archaeological Services (WoSAS) are concerned that the proposed
development may raise significant archaeological issues based on the long past use of
the site for worship and burial. It is also noted that excavation would be required to

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facilitate the proposed change of use within the graveyard and that there is uncertainty
regarding what is in the ground. WoSAS set out that the site needs to be subject to
archaeological evaluation prior to the determination of the planning application, the
findings of which could still result in recommending refusal of the application. 
4.2. In response, the applicant has stated that the main objective is not to disturb any of the
graves and to achieve this they propose that the drainage connection follows the existing
line of the pedestrian path to the church. They would also consult with a recommended
archaeologist to determine the best course of action to mitigate against unnecessary
disturbance and consider undertaking a CAT survey of the path prior to works
commencing. 
4.3. Officers can understand the sensitivity and basis of the concerns raised about potential
damage to gravestones associated with the construction and operation of the proposed
development. However, it is considered that a suitably worded planning condition could
ensure that the temporary construction process is undertaken in a way that would
preserve existing gravestones at surface level at the site. It is also noted that the
graveyard would be outside the residential curtilage/garden area of the proposed
development, which would help limit the risk of damage. 
4.4. Notwithstanding the above, with reference to the consultation response of WOSAS (who
note that the matter of archaeology could be a reason for refusal) and the policy position
of NPF4 7o) and LDP2 Policy 21, it is considered necessary in this case for archaeological
investigatory works to be undertaken prior to determining the planning application. In the
absence of such works or an assessment, the proposed development would be contrary
to NPF4 7o) and LDP2 Policy 21. 
5. Open Space and Access 
5.1. The surrounding graveyard is not designated as an Open Space Protection Area by LDP2
and therefore LDP2 Policy 81 (e) – Open Space Protection Areas does not apply. 
5.2. However, the relevant provisions of LDP2 Policy 32 would apply, which set out that where
development would have significant effect on public access, submission of an Access
Plan would be required to address public access issues to the satisfaction of the Council
as part of the planning application. 
5.3. In addition, the supporting text to LDP2 Policy 06 ‘Green and Blue Infrastructure’ refers
to churchyards and cemeteries when describing green infrastructure. Of particular
relevance, LDP2 Policy 06 (at bullet point 7) sets out that developers should demonstrate
that the proposal would not have a negative impact upon existing green infrastructure. 
5.4. The Access Officer response notes that any subsequent owner of the proposed dwelling
house may object to the use of the immediately adjoining land by the public and seek to
exclude the public. However, in this instance, as the graveyard is owned by the Council,
public access would not be significantly affected. The Access Officer raises a number of
other concerns about the application, the majority of which relate to the compatibility of a
dwelling next to a publically accessible graveyard. This has been addressed above. 
5.5. As such, in this case public access would remain to the graveyard, accordingly no material
conflict would arise between the proposal and LDP2 policies 06 and 32.

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6. Roads 
6.1. The proposed dwelling would be served by a private access and parking on land north of
the existing graveyard. The Area Roads Engineer has raised no objections to the proposal
subject to the conditions relating to turning and parking, visibility splays and the
construction of the access.  Therefore, subject to conditions, the proposal would be
consistent with the relevant requirements of NPF4 Policy 13 and LDP2 Policies 35, 36,
39 and 40 
7. Infrastructure 
7.1. Notwithstanding the above noted archaeological related impacts of the servicing
infrastructure, operationally the provision of a private sewage treatment plant for waste
and connection to the public water network would be acceptable; noting the consultation
response of Scottish Water and that SEPA and the building warrant stage would exert
further control over the proposed foul drainage arrangements. In addition, matters of
surface water drainage could be secured by planning condition, as could the operation of
the proposed Air Source Heat Pump. 
8. Points raised by the applicant 
8.1. It is contended that the proposal is not unique and that churches with graveyards have
been successfully converted into single family dwellings whilst maintaining their burial
functions. The applicant cites a perceived similar application involving Killbride Chapel
(ref 15/03267/PP) and states planning permission has been granted at a site adjacent to
Kilmichael Parish Church. In response, based on the information available, it is not
possible to fully compare the proposal at Kilmichael Parish Church with this planning
application. In addition, the development cited at The Old Hall (that has been converted
to residential use) to the immediate south of the site is not within an operational graveyard.
Moreover, each planning application must be assessed on its own merits. 
8.2. This applicant sets out that the proposal would preserve and protect the church, the
condition of which is worsening. In the absence of the proposal, the applicant states that
the church would be left closed and boarded up, falling into greater disrepair, becoming
an eye sore, and being a source for anti-social behaviour. It is also asserted that using
the site as a community hall would generate traffic, noise, would also require serving
infrastructure and repair work to meet current energy efficiency standards. The applicant
also states that loss of Kilmicheal to a residential dwelling in 2007 (planning reference
07/01320/COU) was met with no objections, indicating no need for a community hall in
the village. 
8.3. Officers are mindful of the church potentially falling into disrepair, which would not be in
the interests of preserving the long-term future of the listed building. Notwithstanding this,
no substantive evidence has been submitted to demonstrate that the proposed residential
conversion of the church is the only way to secure the long-term future of the listed Parish
Church building. As such, the prospect of the proposal being the only way of securing the
long-term future of the church is afforded limited weight. 
8.4. During the application process, the applicant submitted revised plans including changes
to the red line boundary so that it is drawn tightly around the Church building and paths
through the graveyard. Officers are unable to consider such revised plans as part of this
planning application. In any event, and for the purposes of clarity, the change in redline
boundary proposed by the applicant would not overcome the proposed reasons for refusal
recommended to Members.

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8.5. The proposal would reuse a vacant building, contribute towards housing supply (in the
context of the Council’s Housing Emergency Declaration), and would be located mostly
within a Rural Settlement Area, and help support construction employment. In addition,
aside from the specific harm and resultant policy conflict identified within this report, the
remaining elements of the proposal raise no concern, subject to planning conditions. As
a whole, social, and economic benefits are associated with the proposed development.
However, such factors are outweighed by the harm and resultant policy and statutory
conflict identified above. 
9. Conclusion 
9.1. The proposal is considered to be in conflict with the relevant provisions of the
Development Plan as identified in the recommended reasons for refusal above. There are
no other material considerations of sufficient significance to indicate that it would be
appropriate to grant planning permission having regard to s25 of the Act. As such, it is
recommended planning permission is refused for the proposed development.