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C30 (Kilmaha) Road Closure Review

Argyll and Bute Council · 26 June 2025
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ARGYLL AND BUTE COUNCIL          COUNCIL
MONITORING OFFICER          26TH JUNE 2025 
C30 (KILMAHA) ROAD CLOSURE REVIEW 
1.0 EXECUTIVE SUMMARY 
1.1 As part of the weather event on 7th October 2023, there was a landslip on the
C30 Road at Kilmaha which resulted in in the road not being physically possible
to travel along, and closed as a result. The road was opened to the public and
for vehicular and pedestrian traffic on 22nd December 2023 for a temporary
period. The road was closed again on 8th January 2024 and ultimately re-
opened on 21st June 2024. 
1.2 The Council’s Executive Directors thereafter instructed officers to undertake a
Lessons Learned Review in relation to the C30 at Kilmaha. That Review found
that the re-closure of the road on 8th January 2024 was not carried out in
accordance with statutory requirements. Given the finding of a contravention of
the relevant legislation, the Monitoring Officer considers that he is required to
report this to the Council in terms of Section 5 of the Local Government and
Housing Act 1989. 
2.0 RECOMMENDATIONS 
The Council is invited to: 
2.1 Consider the relevant findings of the C30 (Kilmaha) Lessons Learned Review,
as outlined within this Report. 
2.2 Note, in particular, the finding that there was no legal basis in place for Roads
and Infrastructure Services to re-close the road as they did on 8th January 2024
– thus breaching the requirements of the Road Traffic Regulation Act 1984. 
2.3 Note that the Council’s Monitoring Officer is required, under Section 5 of the
Local Government and Housing Act 1989, to report to the Council if he
considers that in the course of the discharge of the Council’s functions any

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proposal, decision or omission has resulted in a contravention “of any
enactment or rule of law or of any code of practice made or approved by or
under any enactment”. 
2.4 Note that the Executive Director with responsibility for Roads and Infrastructure
Services and the Interim Head of Roads and Infrastructure Services are taking
steps to implement the Review findings, for the purpose of mitigating the risks of
any similar breaches of legislation by the Service occurring in the future.

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ARGYLL AND BUTE COUNCIL          COUNCIL
MONITORING OFFICER          26TH JUNE 2025 
C30 (KILMAHA) ROAD CLOSURE REVIEW 
3.0 INTRODUCTION 
3.1 After the C30 at Kilmaha fully re-opened in June 2024, a Lessons Learned
Review was undertaken by officers. This Review was completed in November
2024, and reported to the Council’s Executive Leadership Team on 7th January
2025. 
3.2 The Review covered several issues that arose in relation to the C30 at Kilmaha
– namely: communication issues between the teams in Roads and Infrastructure
Services; differing views amongst officers in the Service as to the proportionality
of the remedial works that were ultimately carried out; the temporary opening of
the road in December 2023; re-closure of the road in January 2024; and how
effectively the Service kept the Executive Director appraised as to the progress
of the remedial works. 
3.3 The Monitoring Officer has considered the Review findings and, in  particular,
considers that the finding that the Service re-closed the  road in January 2024
without complying with the relevant legislation to be a matter which requires to
be  reported to the Council by virtue of Section 5 of the Local Government and
Housing Act 1989. 
4.0 RECOMMENDATIONS 
The Council is invited to: 
4.1 Consider the relevant findings of the C30 (Kilmaha) Lessons Learned Review,
as outlined within this Report.

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4.2 Note, in particular, the finding that there was no legal basis in place for Roads
and Infrastructure Services to re-close the road as they did on 8th January 2024
– thus breaching the requirements of the Road Traffic Regulation Act 1984. 
4.3 Note that the Council’s Monitoring Officer is required, under Section 5 of the
Local Government and Housing Act 1989, to report to the Council if he
considers that in the course of the discharge of the Council’s functions any
proposal, decision or omission has resulted in a contravention “of any
enactment or rule of law or of any code of practice made or approved by or
under any enactment”. 
4.4 Note that the Executive Director with responsibility for Roads and Infrastructure
Services and the Interim Head of Roads and Infrastructure Services are taking
steps to implement the Review findings, for the purpose of mitigating the risks of
any similar breaches of legislation by the Service occurring in the future. 
5.0 DETAIL 
5.1 On the weekend of 7th October 2023, a severe weather event occurred, causing
numerous serious disruptions across the road network in Argyll and Bute. There
were approximately 30 affected sites across the Council’s roads network, with
many subsequent landslips and other issues being discovered in the days
following 7th October 2023. Such was the extent of the disruption that it was not
until the latter part of the week commencing 9th October 2023 that the
Operations Team within Roads and Infrastructure Services were physically able
to get access to the site of the landslip at the C30 (Kilmaha) in order to assess
the situation properly. Officers took the position at that time that the C30 at
Kilmaha was impassable due to the landslip and had effectively closed itself.
This position was supported by legal advice to that effect. 
5.2 As soon as the Operations Team were able to get access to the C30 at
Kilmaha, repair works were commenced by that Team (using framework
contractors). Around late October 2023 there was a change in contractor, and
the team within Roads and Infrastructure Services with responsibility for the
works at the site (i.e. the Infrastructure Design Team) – as instructed by the
Head of Service. 
5.3 Towards the end of 2023, repair works continued, but the contractor was due to
leave the site between 22nd December 2023 and 8th January 2024. They
advised that the Council could re-open the road during that period if so minded.
However, insufficient notice was given by the Infrastructure Design Team to the
Network and Standards Team for them to effect a Temporary Traffic Regulation
Order to re-open the road with a speed and weight restriction in force, as per the

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requirements of the Road Traffic Regulation Act 1984. However, as the
contractors were indicating that the road appeared to be safe to re-open to
traffic, the Network and Standards Team advised colleagues that it may be
possible to re-open the road and erect advisory signage in relation to the
suggested speed and weight limits. This is what the Head of Service ultimately
decided to do on or around 20th December 2023. 
5.4 The C30 at Kilmaha was closed again on 8th January 2024, when the
contractors came back on site following the festive break. No Order or Notice,
issued in terms of the Road Traffic Regulation Act 1984, was in place to
authorise this re-closure. Officers in the Network and Standards Team
subsequently raised their concerns regarding non-compliance with the
requirements of the Road Traffic Regulation Act 1984 with the Head of Service,
and thereafter escalated their concerns to the Executive Director with
responsibility for Roads and Infrastructure Services. 
5.5 The road remained closed without any Notice or Order in place (by virtue of the
Road Traffic Regulation Act 1984) until 9th April 2024 – the date on which the
first Emergency Notice came into force, despite legal advice being given to the
Service during that period that in absence of any lawful Notice or Order, the road
should be re-opened immediately. 
5.6 After the C30 at Kilmaha was fully re-opened and operational on 21st June 2024,
the Executive Director with Responsibility for Roads and Infrastructure Services
took steps to plan and commence a Lessons Learned Review in relation to the
matter, in conjunction with the Monitoring Officer. That investigation identified
that there was no legal basis in place for the Service to re-close the road on 8th
January 2024 and accordingly found that this exposed the Council to legal,
financial and reputational risks as a result of the failure to comply with the
applicable legislation. 
5.7 The recommendations of the Review as to next steps were agreed by the
Council’s Executive Leadership Team at their meeting on 7th January 2025.
Included therein is a training session for all teams within Roads and
Infrastructure Services to promote awareness of the statutory procedures and
timescales for Traffic Regulation Orders. If officers across that Service have a
better understanding of those processes, it is anticipated that this could mitigate
the likelihood of any similar breaches of the legislation arising in the future. The
Executive Director with responsibility for Roads and Infrastructure Services is in
the process of working with the Interim Head of Roads and Infrastructure
Services to facilitate this session, and implement the other recommendations
arising from the Review.

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6.0 CONCLUSION 
6.1 The Review found that there was no legal basis in place for Roads and
Infrastructure Services to re-close the C30 at Kilmaha, as it did on 8th January
2024. This, along with the fact that no lawful Notice or Order was put in place
until April 2024 exposed the Council to legal, financial and reputational risks
during that period. 
6.2 The failure of the Service to comply with the relevant legislation in relation to the
above has triggered the Monitoring Officer’s statutory duty to report the same to
the Council. 
6.3 Elected Members are also invited to note the steps that are being undertaken by
the Executive Director and the Interim Head of Service to prevent a
reoccurrence of the issues outlined within this report.   
7.0 IMPLICATIONS
7.1 Policy – In implementing the Review recommendations, the Executive
Director and Interim Head of Service will conduct further work with officers in
Roads and Infrastructure Services to improve awareness of, and compliance
with, the relevant statutory requirements in relation to road closures.
7.2 Financial – None arising from this report.
7.3  Legal – This report has been prepared by the Monitoring Officer in
accordance with his statutory reporting duties under Section 5 of the Local
Government and Housing Act 1989.
7.4  HR – None arising from this report.
7.5 Customer Service - None arising from this report.
7.6 Risk – Legal, financial, and reputational risks to the Council were identified by
the Review in respect of the failure of Roads and Infrastructure
Services to comply with the relevant legislation in relation to the re-
closure of the C30 at Kilmaha on 8th January 2024.
7.7 Climate Change – None arising from this report.
7.8  Fairer Scotland Duty - None arising from this report.
7.9 Equalities (protected characteristics) – None arising from this report.
7.10 Consumer Duty – None arising from this report.
7.11 Island Communities – None arising from this report.

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7.12  Children’s Rights and Wellbeing – None arising from this report. 
DOUGLAS HENDRY
Monitoring Officer 
10th June 2025                                                  
For further information contact: Graeme McMillan, Transformation Programme
Manager, Graeme.mcmillan2@argyll-bute.gov.uk