Printed minutes
Argyll and Bute Council · 31 August 2026
Back to Argyll and Bute Local Review Body — 31 August 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT TEAMS on MONDAY, 31 AUGUST 2026 Present: Councillor Gordon Blair (Chair) Councillor John Armour Councillor Peter Wallace Attending: Emma Ledsom, Senior Solicitor (Adviser) Fiona McCallum, Committee Services Officer (Minutes) Matt Aitchison, Applicant 1. APOLOGIES FOR ABSENCE There were no apologies for absence. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CONSIDER NOTICE OF REVIEW REQUEST: LAND SOUTH OF FERNBANK, RAHANE (REF: 25/0006/LRB) The Chair, Councillor Gordon Blair, welcomed everyone to the meeting. He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Ms Ledsom, who would provide procedural advice if required. He advised that his first task would be to establish if the Members of the LRB felt that they had sufficient information before them to come to a decision on the Review. All the Members of the LRB agreed that they had sufficient information before them. Councillor Blair proposed the following Motion for consideration: That the Local Review Body: 1. Having considered the Notice of Review, the Report of Handling, the Roads consultation response, the Applicant's submissions and all other information before it, determines in principle that planning permission should be granted for the erection of a dwellinghouse and detached double garage, installation of sewage treatment plant and formation of vehicular access at Land South of Fernbank, Rahane, subject to the conclusion of a Section 75 Agreement in accordance with the Heads of Terms submitted by the Planning Authority to the LRB on 11th May 2026, the planning conditions and reasons submitted to the LRB by the Planning Authority on 11th May 2026 (which Heads of Terms, planning conditions and reasons are set out at page 7 to page 14 of the report pack for the meeting of the LRB held on 29 June 2026) and the matters specified in this motion. 2. Finds that while the proposal does not achieve the Roads Authority's preferred visibility standard of 2.4m x 75m x 1.05m in both directions on the B833, the evidence before the Local Review Body demonstrates that a visibility splay of 2.0m x 75m x 1.05m in
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both directions would provide a safe and satisfactory access arrangement in the particular circumstances of this site. 3. Concludes that the proposed visibility splays in respect of this new access will provide net improvements which would provide wider road safety benefits for existing users of the B833, including neighbouring accesses and road users generally, whilst also allowing the development of a dwellinghouse on a gap site within the settlement boundary. 4. Accordingly finds that, notwithstanding the technical departure from the Roads Authority's preferred 2.4 metre setback standard, the proposal, providing wider road safety benefits for existing users of the B833 is acceptable in terms of road safety and that the material considerations identified above are sufficient to outweigh the policy conflict identified within the delegated refusal. REASONS The Local Review Body notes that: a) The development site lies within the settlement area of Rahane and the Report of Handling concludes that, aside from the roads issue, the proposal is acceptable in principle and complies with relevant settlement, design, servicing and environmental policies. It is also noted that in the Strategic Housing Investment Plan the Council has identified the Roseneath Peninsula as repopulation zones. b) Members consider that a visibility splay of 75 metres in both directions measured from a 2.0 metre setback would provide adequate forward visibility for drivers emerging from the proposed access having regard to wider road safety benefits for existing users of the B833. c) Members further consider that the visibility improvements associated with the proposal would provide a wider public benefit by improving visibility and safety conditions at this location for existing users of the road in comparison with the current situation. d) In the particular circumstances of this case, these considerations constitute material considerations of sufficient weight to justify a departure from the strict application of LDP2 Policies 35 and 39 and any consequential conflict with Policies 01 and 66. SECTION 75 AGREEMENT The Local Review Body further resolves that: 1. The application be approved in principle but that no decision notice shall be issued until all planning obligations required by the Heads of Terms submitted by the Planning Authority to the LRB on 11th May 2026 have been secured through a concluded and registrable Section 75 Agreement. 2. Authority be delegated to Argyll and Bute Council’s Chief Planning Officer to finalise the terms of the Section 75 Agreement in accordance with the Heads of Terms and the Council's normal legal and conveyancing requirements. 3. Authority be delegated to the Chief Planning Officer to issue the decision notice upon:
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o conclusion of the Section 75 Agreement; o production of such title documentation, certificates of title, registration undertakings, searches and other legal documentation as the Planning Authority reasonably requires to complete the agreement; and o satisfaction that the agreement is capable of registration against all relevant title interests. 4. In the event that the Section 75 Agreement has not been concluded within six months of today’s date (or such longer period as may be agreed in writing by the Planning Authority), authority be delegated to the Chief Planning Officer, following consultation with the Chair of the Local Review Body, either to: o continue negotiations where satisfactory progress is being made; or o refer the matter back to the Local Review Body for further consideration. The Motion was unanimously supported by Councillor Armour and Councillor Wallace the Argyll and Bute Local Review Body resolved accordingly. Decision The Argyll and Bute Local Review Body, having considered the merits of the case de novo agreed 1. In principle to grant planning permission as a minor departure to Policies 35 and 39 of the Local Development Plan 2, subject to: a) the conclusion within 6 months of today’s date (or such longer period as may be agreed in writing by the Planning Authority) of a Section 75 Legal Agreement in accordance with the following Heads of Terms to secure appropriate visibility splays to the north and the south – • A Section 75 Agreement is needed to secure areas of land for required visibility splays from third party landowners; Being the following properties; Fernbank in a northerly direction and Mambeg Farm, Ach Na Cloich Cottage, Ach Na Cloich House and Ach Na Cloich Lodge in a southerly direction. • "Visibility Splay" means a clear visibility splay of 75 metres in each direction measured from a point 2 metres back from the edge of the B833 road at the centre point of the proposed access (as shown on drawing reference 2023_0005-02 REV F) and with no impediment to visibility in either direction greater than 1.05 metres in height above the level of the existing public road; • "Splay Land" means ALL and WHOLE the area of land delineated and shaded grey and outlined in red on Plan 2023_0005-02 REV F. • There shall be no Commencement of Development until such time as the Visibility Splay has been formed on the Splay Land to the satisfaction of the Council; and b) the following conditions and reasons and additional notes: 1. Standard Time Limit Condition
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The development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. 2. Standard Soil Condition Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for the Sustainable Use of Soils on Construction Sites 2009”, unless an alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 3. PP – Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 25/07/2024, 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 7 D 26.07.24 Existing Site Plan 2 of 7 D 26.07.24 Proposed Site Plan 3 of 7 F 24.09.24 Proposed Floor Plans of Dwellinghouse 4 of 7 - 26.07.24 Proposed Elevations of Dwellinghouse 5 of 7 - 26.07.24 Proposed Sections of Dwellinghouse 6 of 7 - 26.07.24 Proposed Floor/Roof Plan and Elevations of Detached Garage Plan 7 of 7 - 26.07.24 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
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4. Sustainable Urban Drainage Notwithstanding Condition 1, details of a sustainable urban drainage system compliant with the guidance set out in CIRIA’s SuDS Manual C753 must be submitted to and approved in writing by the planning authority prior to construction. The surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure adequate surface water drainage is implemented to prevent flooding elsewhere. 5. Landscape Notwithstanding Condition 1, no development shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the local planning authority in the form of a detailed landscaping plan. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works / replacement tree planting within the first planting season following first occupation of the development. The details submitted shall include: • hard surfacing materials; • details of proposed soft landscaping; • details of proposed boundary treatments; • details of replacement tree planting (number of, location, size and species); • programme for completion and subsequent on-going maintenance. Reason: In the interests of biodiversity and the natural environment. 6. Trees Notwithstanding Condition 1, A tree protection plan shall be submitted to and approved in writing by the planning authority which details all retained trees on and bounding the site (including their root protection zones) and any proposed tree felling. Thereafter, all retained trees on site shall be protected at all times during construction in accordance with the British Standard; BS 5837:2012 (Trees in relation to design, demolition and construction – Recommendations). Reason: The landscape features to be protected are important to the appearance and character of the site and the surrounding area and are required to successfully integrate the proposal with its surroundings. 7. External Materials Notwithstanding Condition 1, Prior to work starting on site samples of the proposed materials to be used for the external finishes of the development hereby granted consent shall be submitted to and approved in writing by the Planning Authority prior to any work starting on site. Reason: In the interests of visual amenity and in order to integrate the proposal with its surroundings.
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8. Sustainable Design Notwithstanding Condition 1, Prior to the commencement of development, details of the on site micro renewable energy to provide heat or electricity to the property and details of the use of the final materials – including details of any re- cycled materials or local sourced materials and their embodied energy for each materials, shall first be submitted and approved in writing by the Local Planning Authority. Thereafter the approved micro renewables and materials must be used in the development hereby approved. Reason: In order to ensure compliance with LDP2 Policy 09 and to ensure the building is being as energy efficient as possible in order to respond to climate change. 9. Biodiversity Enhancement Notwithstanding Condition 1, no development shall commence until a biodiversity statement has been submitted to and approved in writing by the Planning Authority. The statement shall demonstrate how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be implemented and maintained for the lifetime of the development. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. 10. Quality Homes Notwithstanding Condition 1, no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 11. Potential Sources of Nuisance Notwithstanding Condition 1, Prior to work starting on site, identification and assessment of all potential sources of nuisance, including noise/ vibration, dust, and any temporary lighting provided, which may cause disturbance to nearby residents during the construction process shall be undertaken by the applicant. This should include consideration of intended hours of operation, movement of vehicles, use of plant and storage of equipment and materials on site. For all potential sources of nuisance, the applicant will be required to provide a management plan with details of suitable control measures to be put in place so
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as to ensure that construction does not cause loss of amenity to local residents and/or statutory nuisance. The management plan must be submitted to and approved by the Planning Authority and thereafter complied with. Reason: In order to avoid sources of nuisance in the interest of amenity. 12. Scottish Water Notwithstanding Condition 1, Prior to the commencement of Development, the developer shall submit written evidence to the Planning Authority that an agreement with Scottish Water is in place for the connection of the proposed development to the public water supply. Reason: In the interests of public health and to ensure the availability of an adequate water supply to serve the proposed development. 13. Foul Drainage Notwithstanding the effect of Condition 1, Full details of the proposed disposal of foul drainage from the site shall be submitted to and approved in writing by the Planning Authority prior to development on site commencing. Thereafter the approved foul drainage system shall be fully operational prior to the commencement of operations. Reason: In the interests of public health and In order to prevent pollution of any watercourses. 14. Pre Commencement Ecological Survey Notwithstanding Condition 1, no development shall commence until a pre- commencement survey for the presence of protected species (to include reptiles, amphibians, red squirrel, pine martins, hedgehogs and breeding birds etc.); has been carried out by an appropriately qualified ecologist and has been submitted for the written approval of the Planning Authority in consultation with the Council’s Biodiversity Officer. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 15. Details of Waste Storage and Collection Arrangements Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), details of the proposed arrangements for the storage and collection of waste shall be submitted to and approved in writing by the Planning Authority. The arrangements shall be implemented in accordance with the approved requirements prior to the
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dwellinghouse hereby approved being occupied and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Planning Authority. Reason: In order to accord with the principles of sustainable waste management within 14.16. 17. NPF4 Policy 12 and LDP2 Policy 63 and to ensure that the bins are suitably sited within the house or its curtilage to not cause obstruction and harm the character of the area. 16. Vehicular Visibility Splays Notwithstanding the effect of Condition 1; Prior to the commencement of the development hereby approved, vehicular visibility splays shall be formed as follows; 75 metres in both directions measured from a point 2 metres back from the edge of the carriageway at the centre point of the proposed access as indicated on the approved drawing reference 2023_0005-02 REV F. No walls, hedges, fences or other obstructions shall thereafter be allowed over a height of 1.05 metres above the level of the carriageway within these visibility splays. Reason: In the interests of road safety. 17. Vehicular Access Notwithstanding the effect of Condition 1; prior to the first occupation of the dwellinghouse hereby approved, the following works to form the new vehicular access are required; • The formation of a service bay as per Argyll and Bute standard detail SD08/006A in the location as indicated on the approved drawing reference 2023_0005-02 REV F, and; • The formation of a vehicular access as per Argyll and Bute standard detail SD08/002A in the location as indicated on the approved drawing reference 2023_0005-02 REV F, including the first 5m of the access being surfaced in a bound material, a minimum driveway width of 5.5m for the first 10m and 3m thereafter, and; • Any access gates sited at least 6 metres back from the edge of the carriageway to allow an entering vehicle to stop clear of the carriageway when the gates are closed, furthermore any access gates must be hung so that they do not open towards the carriageway, and; • The gradient of the driveway shall not exceed 1 in 20 (5%) for the first 5 metres and shall thereafter not be steeper than 1 in 8 (12.5%), and; • Drainage should be achieved within the curtilage such that no water flows onto the carriageway. Reason: In the interests of road safety.
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18. Parking and Turning Notwithstanding the effect of Condition 1; prior to the first occupation of the dwellinghouse hereby approved, 2 No. parking spaces with adequate turning space shall be provided within the curtilage of the dwellinghouse. Reason: In the interests of road safety. Additional Notes • A roads opening permit (Section 56) must be obtained prior to any works on, or alongside the existing adopted carriageway. • LDP2 Policy 34 - Electric Vehicle Charging states that for all new build houses with private off street parking dedicated cable ducting connecting each private residential parking space to the nearest electricity supply connection point capable of supporting the installation of a 7 kilowatt EV charging point shall be installed. This has since been superseded by a new Building Regulations standard (ref 7.2 of Technical Handbook Jan 2025 edition) which requires a minimum of one electric vehicle charge point socket with an output rating of not less than 7 kW to be provided adjacent to the parking space. As it is controlled via Building Standard then this has not been subject to a condition. • The MOD have advised that given the location of the house in relation to the explosive safeguarding zone, they would highly recommend the developer considers incorporating at least 4mm to 6mm thick toughened glass to the outer pane, cavity, and at least 6.8mm thick laminated glass with a PVB interlayer to the innermost pane of the windows. 2. that no Decision Notice shall be issued until all planning obligations required by the Heads of Terms have been secured through a concluded and registrable Section 75 Agreement. 3. That authority be delegated to the Argyll and Bute Council’s Chief Planning Officer to finalise the terms of the Section 75 Agreement in accordance with the Heads of Terms and the Council’s normal legal and conveyancing requirements. 4. That authority be delegated to the Chief Planning Officer to issue the decision notice upon: • conclusion of the Section 75 Agreement; • production of such title documentation, certificates to title, registration undertakings, searches and other legal documentation as the Planning Authority reasonably requires to complete the agreement; and • satisfaction that the Agreement is capable of registration against all relevant title interests. 5. In the event that the Section 75 Agreement has not been concluded within six months of today’s date (or such longer period as may be agreed in writing by the Planning Authority), authority be delegated to the Chief Planning Officer, following consultation with the Chair of the Local Review Body, either to:
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• continue negotiations where satisfactory progress is being made; or • refer the matter back to the Local Review Body for further consideration.