Agenda and minutes

Apologies for absence were received from Councillors Gordon Blair, Jan Brown, Audrey Forrest, Daniel Hampsey, Mark Irvine and Liz McCabe.

Councillor Dougie Philand declared a non-financial interest in planning application reference 22/00680/PP as a member of his family owned a substantial building firm within the local area.  He left the meeting and took no part in the consideration of this application which was dealt with at item 4 of this Minute.

Planning, Protective Services and Licensing Committee held on 18 November 2025

The Minute of the Planning, Protective Services and Licensing Committee held on 18 November 2025 was approved as a correct record.

Having declared an interest in the following item, Councillor Dougie Philand left the meeting at this point.

Report by Head of Development and Economic Growth

The Area Team Leader spoke to the terms of the report.  This application is for planning permission for a residential development on a site allocated for housing within the adopted Argyll and Bute Local Development Plan (2024).  The principle of residential development has therefore been established by the site’s allocation (ref: H3029).

 

At the time of writing the report, public representations have been received from 41 respondents with 35 objecting to the scheme and 6 raising concern.  There have been no objections from statutory consultees subject to planning conditions.

 

It is the opinion of the Planning Authority that the representations received, together with the Officer assessment of the relevant planning issues, provided all the information required to enable Members to make an informed decision based on the material considerations in this case.  It is therefore 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 proposal accords with the policy provisions of the adopted National Planning Framework 4 and Local Development Plan 2 and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Motion

 

To agree to grant planning permission subject to the conditions and reasons detailed in the report of handling.

 

Moved by Councillor Kieron Green, seconded by Councillor Peter Wallace.

 

Amendment

 

To agree to hold a pre-determination hearing.

 

Moved by Councillor Paul Kennedy, seconded by Councillor Graham Hardie.

 

A vote was taken by calling the roll.

 

Motion                               Amendment

 

Councillor Armour              Councillor A Hampsey

Councillor Green                Councillor Hardie

Councillor Howard             Councillor Kain

Councillor Wallace             Councillor Kennedy

 

On there being an equality of votes, the Chair made his casting vote in favour of the Motion.

 

The Motion was carried by 5 votes to 4 and the Committee resolved according.

 

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

 

The development shall be implemented in accordance with the details specified on the application form dated 31/03/2022, 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	4724/101		01/04/2022
Site Plan	4724/102	J	18/07/2025
Longitudinal Section along A83 showing visibility heights	4724/117	D	15/07/2025
Proposed Floor Plans Plot 1	4724/103		01/04/2022
Proposed Elevations Plot 1	4724/104		01/04/2022
Proposed Floor Plans Plot 2	4724/105		01/04/2022
Proposed Elevations Plot 2	4724/106		01/04/2022
Proposed Floor Plans Plot 3	4724/107		01/04/2022
Proposed Elevations Plot 3	4724/108		01/04/2022
Proposed Floor Plans Plot 4	4724/109		01/04/2022
Proposed Elevations Plot 4	4724/110		01/04/2022
Proposed Floor Plans Plot 5 and 7	4724/111		01/04/2022
Proposed Elevations Plot 5 and 7	4724/112		01/04/2022
Proposed Floor Plans Plot 6 and 8	4724/113		01/04/2022
Proposed Elevations Plot 6 and 8	4724/114		01/04/2022
Fence/Heat pump details	4724/115		01/04/2022

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    PP – Affordable housing with Commuted Sum option

 

Notwithstanding the effect of Condition 1, no development shall commence until a scheme for the provision of affordable housing (as defined below) has been submitted to and approved in writing by the Planning Authority. The scheme shall:

 

a)    Provide that a minimum of 25% of the approved dwellings are affordable homes;

b)    Define those properties to be used as affordable homes;

c)    Establish the timing of their provision relative to the phasing of the development, which shall ensure that the last 25% of the dwellings within the development are not commenced until the affordable housing phase has bene completed for occupation;

d)    Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers (including any discount rate applicable in terms of (ii) below); OR

e)    Alternatively, shall provide for an equivalent Commuted Sum Payment to the Council’s Strategic Housing Fund having regards to the report ‘Valuation of Commuted Sum Payments’ approved by Argyll and Bute Council on 27^th June 2013.

 

For the purposes of this condition ‘affordable homes’ are defined as being either:

 

i)      Social housing (rented or shared ownership or shared equity) managed 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);

ii)     Discounted low cost sale housing (subject to a burden under the Title Conditions (Scotland) Act 2003), or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification).

iii)   Housing for sale or rent without subsidy, which is designed to be affordable and to meet the housing needs of the majority of those households identified as in housing need in the Local Housing Strategy or Housing Market Study i.e. one or two person households on average income, with conditions attached to their missives to prevent further extension, thereby helping to ensure that they are likely to remain affordable to subsequent purchasers.

 

The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing.

 

Reason: To accord with the provisions of the development plan in respect of affordable housing provision.

 

3.    PP – Landscaping

 

No development shall commence until a finalised scheme of boundary treatment; surface treatment and landscaping has been submitted to and approved by the 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;

iii)            Location  ...  view the full minutes text for item 4.

Councillor Dougie Philand returned to the meeting.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that the Clyde Fishermen’s Association (CFA) had submitted two further representations each reiterating their position of objection to the proposal.  A response to these late representations from the Applicant was also contained within the supplementary report.   Reference was also made to the contents of a late representation received by Councillor Tommy MacPherson.  Councillor MacPherson’s raised some of the issues also raised by CFA, along with a query regarding procedural matters during handling of the planning application.  It was confirmed that the application was handled in accordance with the requirements of the Town and Country Planning (Scotland) Act 1997, the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, and the Council’s Scheme of Delegation as set out within the Council’s Constitution.

 

Members were also advised of an error within Section A of the report of handling which referred to 8 x 4 pens rather than 6 x 3 pens and also of an error within the supplementary report regarding the date of the resubmission of amended plans due to changes in the moorings was in September 2025 only.  The other resubmissions were to address scaling issues.

 

The application is for a change of equipment and minor relocation of an existing marine fish farm in the Kilbrannon Sound approximately 400m off the eastern shore of the Kintyre Peninsula and will continue to be serviced from the company’s existing shore base located at Carradale Harbour.  There is to be no change to the consented biomass for the site and the proposal is part of a wider 5 year project by the Applicant to upgrade and modernise fish farming pens to bring about a number of benefits.

 

The proposal would accord with the Development Plan policy and it was recommended that planning permission be granted subject to the conditions and reasons numbered 1 – 17 detailed in the report of handling, and updated condition 18 detailed in supplementary report number 1.

 

Motion

 

To agree to hold a site visit and pre-determination hearing.

 

Moved by Councillor John Armour, seconded by Councillor Fiona Howard.

 

Amendment

 

To agree to grant planning permission subject to the conditions and reasons numbered 1 – 17 detailed in the report of handling, and updated condition 18 detailed in supplementary report number 1.

 

Moved by Councillor Andrew Kain, seconded by Councillor Paul Kennedy.

 

A vote was taken by calling the roll.

 

Motion                               Amendment

 

Councillor Armour              Councillor Green

Councillor A Hampsey       Councillor Kain

Councillor Hardie               Councillor Kennedy

Councillor Howard

Councillor Philand

Councillor Wallace

 

The Motion was carried by 6 votes of 3 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to hold a site visit and pre-determination hearing.

 

(Reference: Report by Head of Development and Economic Growth dated 1 December 2025 and Supplementary Report Number 1 dated 16 December 2025, submitted)

Report by Head of Development and Economic Growth

The application is for a change of equipment and minor relocation of an existing marine fish farm in the Kilbrannon Sound approximately 400m off the eastern shore of the Kintyre Peninsula and will continue to be serviced from the company’s existing shore base located at Carradale Harbour.  There is to be no change to the consented biomass for the site and the proposal is part of a wider 5 year project by the Applicant to upgrade and modernise fish farming pens to bring about a number of benefits.

 

The proposal would accord with the Development Plan policy and it was recommended that planning permission be granted subject to the conditions and reasons numbered 1 – 17 detailed in the report of handling, and updated condition 18 detailed in supplementary report number 1.

 

Motion

 

To agree to hold a site visit and pre-determination hearing.

 

Moved by Councillor John Armour, seconded by Councillor Amanda Hampsey.

 

Amendment

 

To agree to grant planning permission subject to the conditions and reasons numbered 1 – 17 detailed in the report of handling, and updated condition 18 detailed in supplementary report number 1.

 

Moved by Councillor Andrew Kain, seconded by Councillor Paul Kennedy.

 

A vote was taken by calling the roll.

 

Motion                               Amendment

 

Councillor Armour              Councillor Green

Councillor A Hampsey       Councillor Kain

Councillor Hardie               Councillor Kennedy

Councillor Howard

Councillor Philand

Councillor Wallace

 

The Motion was carried by 6 votes of 3 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to hold a site visit and pre-determination hearing.

 

(Reference: Report by Head of Development and Economic Growth dated 4 December 2025 and Supplementary Report Number 1 dated 16 December 2025, submitted)

 

 

Report by Executive Director with responsibility for Regulatory Services

Consideration was given to a report inviting Members to approve the Joint Public Health Protection Plan 2025-2027 which outlines the health protection priorities for the period and reviews the previous plan.

 

Decision

 

The Committee agreed:

 

1.    to approve the Joint Public Health Protection Plan (JHPP) for 2025-2027 (Appendix I), recognising the key role of local authorities and environmental health;

 

2.    to formally reaffirm the appointments of the Regulatory Services and Building Standards Manager, as the Council’s Designated Competent Person under the Public Health etc. (Scotland) Act 2008, and the appointments of Depute Designated Competent Persons as detailed in section 4.8 of this report and 4.2 of the JHPP; and

 

3.    that the Regulatory Services and Building Standards Manager signs the JHPP plan on behalf of the Council and takes the necessary steps to deliver the plan.

 

(Reference: Report by Executive Director with responsibility for Regulatory Services dated 17 December 2025 and NHS Highland Joint Health Protection Plan (JHPP) 2025-2027, submitted)

Report by Head of Development and Economic Growth

A report summarising a recent decision by Scottish Ministers following an Appeal in respect of planning application reference 24/02083/PP was before the Committee for information.

 

Decision

 

The Committee noted the contents of the report.

 

(Reference: Report by Head of Development and Economic Growth dated 28 November 2025, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report advising of the first stage of engagement for Local Development Plan 3 (LDP3) was before the Committee for information.

 

Decision

 

The Committee noted the contents of this report and the engagement process that would be undertaken to inform the LDP3 Evidence Report.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 28 November 2025, submitted)