Agenda and minutes

Apologies for absence were received from Councillors Daniel Hampsey, Paul Kennedy, Liz McCabe and Dougie Philand.

There were no declarations of interest.

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

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

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  This retrospective application was made following planning enforcement action and seeks to regularise the change of use of land (previously used as a horse arena) for the storage of timber and processing of firewood.  The site is located within the ‘countryside zone’ as designated by the Local Development Plan.

 

The proposal has been the subject to 27 representations comprising 14 objections, including one from a local Member, one neutral comment, and 12 supporting comments.  Concern has been raised regarding a variety of matters including impacts on residential amenity, road safety, public access, landscape and visual amenity, and biodiversity.  No objections have been received from statutory or non-statutory consultees.

 

Notwithstanding the concerns raised by third parties, the proposal is considered to be consistent with the relevant provisions of the Development Plan (NPF4 and LDP2) and there are no other material considerations identified to indicate that planning permission should be withheld.

 

It was recommended that planning permission be granted subject to the conditions and reasons appended to the report of handling.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

Standard Time Limit Condition (as defined by Regulation)

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

1.     PP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 15.10.2024; supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Location Plan	*1 of 3	-	05.11.2024
Site Plan	*2 of 3	-	20.05.2025
Timber Building Floor Plan & Elevations	*3 of 3	-	23.10.2024

 

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

 

2.     Operations: Notwithstanding the provisions of Condition 1, the development hereby permitted, including the log splitting and chainsaw use, shall be restricted to the specified operational hours of 08:00 to 18:00 Mondays to Fridays (excluding site transportation – see Condition 3); on any day excepting Saturdays, Sundays and Bank Holidays when the use shall not be permitted at all.

 

Reason: In order to protect the amenity of the area.

 

3.     Operations: Site Transportation (delivery and distribution of wood) associated with the hereby approved development shall only be undertaken during the hours 08:00 to 18:00 Mondays to Fridays and 08.00 to 13.00 on Saturdays. There will be no Site Transportation on Sundays and Bank Holidays.

 

Reason:  In order to protect the amenities of the area from noise.

 

4.     Operations: Chainsaw activity associated with the hereby approved development will take place behind ‘Herras Fencing’ deployed in a ‘V’ shape with 20db acoustic wading attached to mitigate any possible noise pollution. Chainsaw activity will be restricted to 60 minutes per working week and shall only take place within the specified operational hours of 08:00 to 18:00 Mondays to Fridays. The applicant will keep a logbook of such instances which will be available to the Planning Authority for inspection upon request.

 

Reason:  In order to protect the amenities of the area from noise.

 

5.     Operations: Prior to any operations re-commencing relating to this proposed development, 2m high solid entrance gates with 20db acoustic wading attached shall be installed. The gates will open inwards. The gates will remain closed when plant and machinery is in operation including the off-loading and loading of timber from or to vehicles.

 

Reason:  In order to protect the amenities of the area from noise by mitigating any possible noise pollution and to preserve visual amenity.

 

6.     Storage: External storage associated with the hereby approved development shall only take place on land designated for such a purpose.

 

• Log piles of timber to be processed will not exceed 3m in height.
• Stacks of bagged processed timber will not exceed 3m in height.

 

Reason: In order to protect the visual amenity of the locale.

 

7.     Lighting: No external illumination of the building or land within the application site shall be permitted without the prior written consent of the Planning Authority. Any request for the approval of details pursuant to this condition should include the number, location, height and intensity of the proposed lighting units, which shall be positioned such as to avoid light spillage beyond the area intended to be illuminated. 

 

Reason: In order to protect the amenity of the locale.

 

8.     Visibility Splays: Prior to the operations or deliveries commencing for the hereby approved development, the junction of the existing access with the public road shall have visibility splays of 2.4 metres to point X by 136 metres to point Y from the centre line of the existing access.  The visibility splays shall be maintained thereafter clear of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. 

 

Reason:  In the interests of road safety.

 

9.     Landscaping / Biodiversity Enhancement: No development (including any tree felling/works or land engineering works or any associated operations) shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of:

 

i)               Location, design and materials of proposed walls, fences and gates;

 

ii)              Surface treatment of proposed means of access and hardstanding areas;

 

iii)             Any proposed re-contouring of the site by means of existing and proposed ground levels;

 

iv)            Location of proposed soft landscape works including tree and shrub species and sizes;

 

v)              Details of any existing trees / hedge to be removed;

 

vi)            Details of the location and canopy spread of existing trees / hedge to be retained as part of the development including a programme of measures for the  ...  view the full minutes text for item 4.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and to supplementary report number 1.  The proposal is for the erection of a 120m meteorological mast to be sited for a temporary period of up to 4 years to gather data in relation to the viability or not of a potential wind farm.

 

105 objections have been received in respect of this proposal, including one from a local Member.  One person submitted a representation in support of this proposal.  Matters raised relate to temporary consents, visual impact, lighting of masts, impact on residents, construction of access road, peat, and inaccurate information.  A late objection has also been received from Kilmun Community Council.  No objections have been received from the other statutory and non-statutory consultees.

 

The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act.

 

It was recommended that planning permission be approved subject to the planning conditions recommended within the report of handling.

 

For the avoidance of doubt the granting of temporary permission for the erection of this wind monitoring mast would not in any manner imply that the site was considered suitable for a wind farm.

 

Motion

 

To hold a site visit and discretionary pre-determination hearing.

 

Moved by Councillor Amanda Hampsey, seconded by Councillor Jan Brown.

 

Amendment

 

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

 

Moved by Councillor Kieron Green, seconded by Councillor Graham Hardie.

 

A vote was taken by calling the roll.

 

Motion                                    Amendment

 

Councillor Brown                 Councillor Armour

Councillor Hampsey            Councillor Blair

Councillor Howard               Councillor Forrest

Councillor Wallace              Councillor Green

                                                Councillor Hardie

                                                Councillor Irvine

                                                Councillor Kain

 

The Amendment was moved by 7 votes to 4 and the Committee resolved accordingly.

                       

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 22.10.2024; supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Location plan	*1 of 5		23.10.2024
Site Plan	*2 of 5		23.10.2024
Access Route Plan	*3 of 5		24.10.2024
Outline Arrangement of Met Mast	*4 of 5		24.10.2024
Peat Depth Figure	*5 of 5		31.04.2025

 

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

 

2.    Duration Restriction

 

The permission shall be for a period of 48 months from the commencement of the development, the date of which shall be notified in writing to the Planning Authority. Within three months of the end of the 48 month period, unless a further planning application is submitted and approved, the meteorological mast and associated equipment shall be dismantled and removed from the site and the land reinstated to the satisfaction of the Planning Authority.

 

Reason: To define the permission and in order to protect the amenity of the locale.

 

3.    Construction Details

 

The wind monitoring mast shall not be erected until full details of ground anchors including mast base, foundations and any fencing to protect both livestock and mast and full reinstatement details and safety and operating maintenance details, have been submitted to and approved by the Planning Authority in consultation with Scottish Natural Heritage.

 

Reason: To allow the Planning Authority to consider these aspects in detail and in the interest of site restoration.

 

4.    Bird Flight Diverters

 

Notwithstanding the provisions of Condition 1 above, bird flight diverters (BFDs) with stops or clamps shall be fitted to all guy wires at even intervals of 5 metres from the ground upwards. The mast thereafter shall be monitored and maintained annually for its lifetime to ensure diverters remain in place and as necessary, missing diverters be replaced.

 

Reason: In the interests of natural heritage, in order to reduce the potential for avian casualties.

 

5.    Aviation Lighting

 

Prior to commencing construction of any meteorological masts, or deploying any construction equipment or temporal structure 50 metres or more in height (above ground level) the undertaker must submit an aviation lighting scheme for the approval of Argyll and Bute Council in conjunction with the Ministry of Defence defining how the development will be lit throughout its life to maintain civil and military aviation safety requirements as determined necessary for aviation safety by the Ministry of Defence.

 

This should set out:

 

a)    details of any construction equipment and temporal structures with a total height of 50 metres or greater (above ground level) that will be deployed during the construction of the meteorological mast and details of any aviation warning lighting that they will be fitted with; and

 

b)    the location and height of the meteorological mast identifying the position of the lights on the mast; the type(s) of lights that will be fitted and the performance specification(s) of the lighting type(s) to be used.

 

Thereafter, the undertaker must exhibit such lights as detailed in the approved aviation lighting scheme. The lighting installed will remain operational for the lifetime of the development.

 

Reason: To maintain aviation safety.

 

6.    Aviation Charting and Safety Management

 

The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of the works, in writing of the following information:

 

a)    the date of the commencement of the erection of meteorological masts;

b)    the maximum height of any construction equipment to be used in the erection of the meteorological masts;

c)    the date any meteorological masts are brought into use;

d)    the latitude and longitude and  ...  view the full minutes text for item 5.

Report by Head of Development and Economic Growth

Consideration was given to a report recommending a Tree Preservation Order be confirmed on a Chestnut tree in the garden of West Ailey, Shore Road, Cove.

 

Decision

 

The Committee agreed that the Tree Preservation Order be confirmed in accordance with Section 160 of the Town and Country Planning (Scotland) Act 1997 for area marked on plan attached to the report (Appendix 1).

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 20 August 2025, submitted)

Report by Head of Development and Economic Growth

A report providing an update on responses sent to the Scottish Government’s Energy Consents Unit on Section 36 Consultations in respect of Killearn Wind Farm and Balliemeanoch Pump Storage Hydro was before the Committee for information.

 

Decision

 

The Committee noted:

 

1.    the submission of these two holding objections to the Energy Consents Unit to safeguard the Council’s position; and

 

2.    that Officers would present a report to PPSL at a future date on each of these S36 applications for their views, as and when it was competent to do so.

 

(Reference: Report by Head of Development and Economic Growth dated 6 August 2025, submitted)

Report by Head of Development and Economic Growth

A report summarising recent decisions by Scottish Ministers following appeals in respect of High Hedge application reference 24/01562/HH at High Road, Port Bannatyne, Isle of Bute, and Enforcement Notice served in relation to a garden fence at Flat 2, 3 Shore Road, Port Bannatyne, Isle of Bute, was before the Committee for information.

 

Decision

 

The Committee noted the content of the report.

 

(Reference: Report by Head of Development and Economic Growth dated 20 August 2025, submitted)

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 13 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Executive Director with responsibility for Development and Economic Growth

The Committee gave consideration to a request for a Tree Preservation Order.

 

Decision

 

The Committee agreed to the recommendations detailed in the report.

 

(Reference: Report by Head of Development and Economic Growth dated 20 August 2025, submitted)