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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)

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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Argyll and Bute Council
Development & Economic Growth   
Committee Planning Application Report and Report of Handling in relation to The
Planning (Listed Building Consent and Conservation Area Consent
Procedure)(Scotland) Regulations 2015 
Reference No: 23/01369/LIB
Planning Hierarchy: Local 
Applicant: Mrs Helen Tomolillo 
Proposal: External and internal alterations to former church to form
dwellinghouse including 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) Work Requiring Express Listed Building Consent
Various alterations to the B listed Church and Churchyard Wall, including: 
• Replacement windows.
• Insertion of heritage rooflights. 
• Insertion of stovepipe into the roof plane.
• Roof infill to the eastern section of the building.
• Internal alterations to form a dwelling house, including formation of new
partial first floor. 
• Alteration/removal of part of northern churchyard wall. 
• Installation of heat pump 
(ii) Other specified operations
• N/A 
(B) RECOMMENDATION: 
Recommend that listed building consent be granted, subject to the conditions
contained within this report 
(C) CONSULTATIONS:   
In summary, the following consultation responses were received: 
Historic Environment Scotland
Response Issued: 08.08.2023

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Welcome that most of the proposed changes are sympathetic to the historic interest and
special character of this Category B listed church. However, they further recommend that
the existing pulpit and a number of the pews are meaningfully incorporated within the
proposed reorganisation of the ground floor. 
Officer comments: The applicant has since acknowledged this and has agreed to the
changes to reflect HES comments. 
Argyll and Bute Design and Conservation Officer 
Response issued: 26.02.2024
No objections to the physical alterations to the listed structures, but the setting of the
listed building would be adversely impact by the proposed change of use of the building. 
Officer comments: The change of use of the building is associated with the
accompanying planning application, reference 23/01369/LIB. 
(D) HISTORY:   
23/01367/PP, 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, pending. 
(E) PUBLICITY:   
The proposed development has been advertised by neighbour notification, local
newspaper advertisement, and site notice. 
ADVERT TYPE:
Listed Building/Conservation Advert
EXPIRY DATE: 01.09.2023 
(F) REPRESENTATIONS:   
(i) Representations received from: 
A total of 13 representations have been received: 
3 no. Support
• Miss Joanna Freeman, 19 Austen House, Amwell End, Ware, SG12 9FW
• Miss Sarah Melville, 269 Chesterfield Road, Staveley, Chesterfield, S43 3SA
• Mr Tim Bedford, 10 Mount Pleasant drive, Old Kilpatrick, Glasgow, G60 5HJ 
10  no. Objections
• 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

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• Mr Jamie Thorburn, 7 Barga Gardens, Saltcoats, KA21 6GG
• Mr John Gillies, 20 Clamps Terrace, St Leonards, East Kilbride, G74 2HA
• Ms Marrian Pallister, 13 Balliemore, Kilmichael Glassary, Lochgilphead, Argyll and
Bute, PA31 8QD. 
Representations are published in full on the listed building consent application file and
are available to view via the Public Access section of the Council’s website. 
4 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   
• Concerned about the building going to ruin; its best purpose is for a
single family house as anything else would bring more traffic and noise
pollution to a peaceful area. There is already traffic congestion with the
primary school;
• Many old churches are converted into houses and the church is so well
suited to this. The design is superb and will complement the changes
made to the manse next door; 
• The graveyard and war memorial will still be publically accessible;
• As a home the building can be brought to life. The alternative would be
a public meeting house, community centre, night club or children’s play
area, which would bring considerable traffic, parking problems, noise,
and a far greater likelihood of the graveyard being impacted;
• Converting the church into a home will have the least impact on parking
and the graveyard. 
Officer Comments:  The above matters relate to the proposed change
of use which forms part of the accompanying planning application
23/01367/PP. The issues raised have been addressed in the associated
Report of Handling.   
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. Kilmichael was the central village and
church of the area in ancient times; 
• There are no details on how graves will be protected during renovations
or longer term;
• There are graves of many forebears of local residents;
• Breaking the boundary wall would disturb graves. 
Officer Comments: The above matters relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. The issues raised have been addressed in the associated
Report of Handling.

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Archaeology 
• Has an archaeological survey been undertaken? 
Officer Comments: The above matters relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. The issue raised has been addressed in the associated
Report of Handling.   
Infrastructure and Services 
• What is the tarmac area to be used for? 
Officer Comments: This appears to relate to the proposed vehicular
access area. This matter relates to the proposed change of use which
forms part of the accompanying planning application 23/01367/PP. This
has been addressed in the associated Report of Handling.   
Historical Sensitivity and Sense of Place 
• Object because of the proximity of the graves to the church subject to
the change of use to a dwelling house;
• The graveyard would effectively be someone’s back garden and access
through the church yard would require walking over graves; 
• Graves not visible may be affected;
• Ground source heat pumps generally require digging significant depth.
Graves near this part of the scheme are both in close proximity and have
historic value;
• The proposed sewerage drain would affect unmarked graves. 
Officer Comments: The above matters relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. The issues raised have been addressed in the associated
Report of Handling.   
Alternative Change of Use 
• There surely must be another way to preserve the church. 
Officer Comments: The above matters relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. This issue raised has been addressed in the associated
Report of Handling.   
Access 
• Concerns of public access to the graveyard being prevented. 
Officer Comments: The above matter relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. This issue has been addressed in the associated Report of
Handling.

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Compatibility of the proposed use and graveyard 
• There would be desecration of the graveyard ground;
• As the proposer is not the owner of the relevant land, there is no mention
of arrangements for graveyard maintenance;
• The proposed escape window will exit onto a grave;
• If the proposal is accepted, what happens in relation to public parking? 
• The site planning drawing does not in any way show the extent and
number of graves wrapped around the church;
• The noted pre-application discussion only related to the additional
ground outside the wall. Was this the wrong point to discuss the
graveyard ground disturbance and building work? 
• It is extremely disrespectful to the people buried that this may no longer
be a place of peace and tranquillity.
• There is nothing preventing residents using the ground as they wish.   
Officer Comments: The above matters relate to the proposed change of
use which forms part of the accompanying planning application
23/01367/PP. The issues raised have been addressed in the associated
Report of Handling.   No request for formal pre-application advice was
submitted to the planning authority. 
(G) SUPPORTING INFORMATION 
(i) A Design or Design/Heritage statement:   
None.  
(ii) 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) (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

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NPF4 Policy 7 – Historic Assets and Places 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
High Quality Places 
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 16 – Listed Buildings 
•  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 draft Technical Note – Argyll and Bute Windows (April 2018) 
(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   
• 
(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 
(P) Summary assessment and summary of determining issues and
material considerations 
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 a proposed conversion of the church to a
dwellinghouse.

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Whilst 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 within the Report of Handling for
planning application reference 23/01367/PP, which is also before members today.  
In this light, 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. Such matters are
addressed in the Report of Handling associated with the accompanying planning
application (ref 23/01367/PP). 
This application for listed building consent relates solely to the physical changes
proposed to the Church and Churchyard Wall. In considering such applications
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.” 
Development Plan policies of particular relevance to listed building consent
applications include NPF4 Policy 7, and LDP 2 policies 15 and 16. These policies
broadly seek to ensure that alterations to a listed building preserve its character,
special architectural and historic interest and setting. 
For the reasons set out in Appendix A, 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 the above noted policies. As such, it is
recommended that listed building consent is granted for the proposed alterations. 
A full report is provided in Appendix A. 
(Q) Is the proposal consistent with the relevant provisions of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997 and Development
Plan: ☒ Yes 
(R) Reasons why listed building consent should be granted : 
The proposed physical internal and external alterations would preserve the special
interest of Kilmichael Glassary Parish Church (Category B Listed) and Churchyard
Wall (also Category B Listed) and the respective settings. As such the proposed
works would be consistent with Section 14 of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997 and LDP2 policies 15 and 16, and the
relevant requirements of NPF4 Policy 7. 
(S) Reasoned justification for a departure to the provisions of the
Development Plan 
N/A

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(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 
Fergus Murray
Head of Development & Economic Growth

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF NO. (23/01369/LIB) ( 
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
Sheet
Form QD349  20.07.2024
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

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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. 
ADDITIONAL NOTES TO APPLICANT 
• The proposed physical internal and external alterations would preserve the special
interest of Kilmichael Glassary Parish Church (Category B Listed) and Churchyard Wall
(also Category B Listed) and the respective settings. As such the proposed works would
be consistent with Section 14 of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 and LDP2 policies 15 and 16, and the relevant requirements of
NPF4 Policy 7.

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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/01369/LIB 
LISTED BUILDING APPLICATION ASSESSMENT 
1. Site, Surroundings, and Proposed Works 
1.1. Kilmichael Glassary Parish Church and its Churchyard Wall are both Category B Listed
Buildings respectively.  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. 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 Church is currently not in use. 
1.2. With reference to the listed building entry complied by Historic Environment Scotland
(HES) for the Parish Church, the Church is dated as 1827 (rebuilt in 1873) noted to be
Gothic Revival in architectural style. The Statement of Special Interest published by HES
states ‘Ecclesiastical, in use as such. Probably on site of ancient chapel of St. Michael.
(As centre of Glassary lands of powerful family of Campbell of Auchinbreck (in Kilmodan)
Kilmichael was once the most important village in Parish)’ [sic].  With reference to the
listed building entry for the Kilmichael Church Yard Wall, limited details are in the entry
provided by HES. However, officers are of the view that it is an attractive wall in of itself,
which derives is particular special interest from its close association with the Parish
Church, which it bounds. 
1.3. Various alterations to the Church and Churchyard Wall are proposed and include
replacement windows; the insertion of heritage rooflights; the formation of a stovepipe in
the roof; a roof infill alteration to the eastern section of the Church building; internal
alterations to form a dwelling house (including formation of new partial first floor); the
alteration/removal of part of northern churchyard wall and the installation of a heat pump 
1.4. The proposed change of use of the site to a residential use, alongside servicing
infrastructure and proposed garage, parking turning and vehicular access require
separate planning permission and do not require listed building consent. The assessment
of the proposed change of use is contained within the Report of Handling for planning
application reference 23/01367/PP, which is also before PPSL members today.   
2. Statutory Duty and Development Plan Policy 
2.1. LDP2 policies 15 and 16 ‘Listed Buildings’ and NPF4 Policy 7 ‘Historic Assets and Places’
are also of relevance to the principle of development. 
2.2. Beginning with NPF4 Policy 7, of particular relevance is criterion c) which of relevance
sets out that development proposals for the alteration or extension of a listed building will
only be supported where they will preserve its character, special architectural or historic
interest and setting.   
2.3. LDP 2 Policy 15 comprises the Council’s development plan policy for the historic built
environment, and of relevance sets out that proposals will not be acceptable where they
fail to protect, preserve, conserve or enhance the special characteristics and/or cultural
significant of the historic built environment in terms of its location, scale, form, or design.

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2.4. LDP2 Policy 16 relates specifically to Listed Buildings, and of relevance sets out that
proposals which affects a listed building will only be supported where it respects the
original structure in terms of setting, scale, design and materials and it confirms to national
policy and guidance. 
3. Whether the proposed works would preserve the special interest of the listed
buildings 
3.1. The proposed replacement windows and are considered sensitive to the ecclesiastical
character of the Church. The rooflights would be modest in extent, sensitively placed and
utilise a heritage design. Other elements of the proposed works (small infill roof extension,
formation of stovepipe, installation of heat pump) are minor in scale and would represent
discrete additions to the building. Whilst a section of the Churchyard wall would be
removed to allow pedestrian access to the northern section of the site, the extent removed
is very minor in extent. 
3.2. It is also noted that the Council’s Design and Conservation Officer has raised no
objections to the proposed physical alterations to the proposed works, although concerns
are raised regarding the proposed change of use and its resultant effect on the setting of
the Church. As the proposed change of use is a matter that requires planning permission
and not listed building consent, this matter is further assessed in the associated planning
application (ref 23/01367/PP). HES have raised no objection to the proposed works, but
do request that the existing pulpit and a number of the pews are meaningfully incorporated
within the proposed reorganisation of the ground floor. The applicant has agreed to this
request, and this is a matter that could be secured by way of condition. 
3.3. Overall, individually and cumulatively the proposed physical internal and external works
would preserve the character and special interest of the Category B listed Church and
Churchyard Wall.  As such the proposal would be consistent with Section 14 of The Act,
and the relevant requirements of LDP2 policies 15 and 16, and NPF4 Policy 7 insofar as
it relates to this matter.