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Agenda reports pack

Argyll and Bute Council · 5 August 2026
Back to Argyll and Bute Local Review Body — 5 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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Page 1

Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 605522
DX 599700 LOCHGILPHEAD 
29 July 2026 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on WEDNESDAY, 5 AUGUST 2026 at 2:00 PM, which you are requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST 
3. CONSIDER NOTICE OF REVIEW REQUEST: TARBERT FARM, ISLE OF GIGHA
(REF: 26/0002/LRB) 
(a) Late Submission from Roads (referred to at previous meeting) (Pages 3 -
4)  
(b) Further Information from Planning (Pages 5 - 6)  
(c) Further Information from Roads (Pages 7 - 8) 
Argyll and Bute Local Review Body 
Councillor Kieron Green (Chair) Councillor Graham Hardie
Councillor Dougie Philand   
Contact: Fiona McCallum  Tel: 01546 604392
Public Document Pack

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NON-DETERMINATION OF PLANNING APPLICATION SEEKING A VARIATION OF CONDITION 2
RELATIVE TO PLANNING PERMISSION REF. 23/00391/PP – VARIATION TO SURFACE OF VEHICULAR
ACCESS. TARBERT FARM, ISLE OF GIGHA, ARGYLL AND BUTE.
PLANNING APPLICATION REF: 25/01961/PP & LOCAL REVIEW BODY REF: 26/0002/LRB 
ADDITIONAL STATEMENT FOR LOCAL REVIEW BODY (LRB) – ROADS 12TH JUNE 2026
Condition 2 (23/00391/PP) - Notwithstanding the provisions of Condition 1, the proposed access shall
be formed in accordance with the Council's Roads Standard Detail Drawing SD 08/004 Rev a; and
visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed
access. The access shall be surfaced with a bound material in accordance with the stated Standard
Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base
course standard and the visibility splays shall be cleared 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. The final wearing surface on the access shall be completed prior to the
development first being brought into use and the visibility splays shall be maintained clear of all
obstructions thereafter. 
Planning Comments 27/05/2026 - In light of the above and to comply with the requirements of LDP2
Policy 39(a), it is recommended that the LRB grant planning permission but with a revised format of
condition 2 that secures the removal of the first 5m of concrete and its replacement with a bituminous
material within a period of 3 months from the date of permission. A revised list of conditions to this effect
is provided, this also takes into account details from the 2023 permission which have already been
submitted for approval and have been discharged. 
Roads Comments 27/05/2026 - The matter has been considered via a report to the Senior Leadership
Team (SLT) and the agreed position is that Gigha does not meet the criteria for our Roads Development
Technical Guidance to be amended to allow it to be treated as a special case for bituminous material.
Although taking bituminous material to the island may present some challenges and additional costs may
be incurred, these are not deemed prohibitive, in the way that 2 ferries to Jura could be. In light of this,
the previous position set out by Roads and Infrastructure Services (RIS) has not changed i.e. Roads
Development Technical Guidance should be followed and the junction/access should be constructed in
accordance with the planning conditions and drawings (Drg. No. DR-A-0002 dated 23/01/23 by Colin
Armstrong Architects detailing a “6-8m tarred access road with service layby”. We note the report
submitted by planning and their comments regarding removal of the first 5m of concrete material and its
replacement with a bituminous material. This is a position that RIS find acceptable at this time, specific to
this case. 
Roads Update 12/06/2026 – A pre-arranged meeting was held on site Wednesday 10th June 2026
between RIS representatives and the applicant. The matter was fully discussed from both a roads’
conditional perspective and the applicant’s perspective, and it was acknowledged that a compromise
could be agreed in this specific circumstance. Whilst officers were of the view that Gigha should not be
treated as a special case, which was supported by SLT; due to the requirement to make a data based
decision delays were incurred in progressing the application. In fairness to the applicant the Roads
Authority is content to agree with the planning condition and would be prepared to accept a compromise
of removal of only the first 3m of concrete material and its replacement with a bituminous material
(constructed in accordance with the planning conditions and drawings). The Roads Authority is further
content that the remainder of the concrete, which would be outwith the road corridor, can remain in this
circumstance. This was accepted by the applicant on site and Roads officers provided details of an
additional five local contractors who may be able to undertake the works. The Applicant was reminded
that anyone working on or under the road requires consent under Section 56 of the Roads (Scotland) Act
1984 and requires to hold appropriate certification under the New Roads and Street Works Act 1991. 
Any remedial work by the applicant will also consider and address any related issues with Items (i)
and (ii) of Condition 4, namely:- 
(i) Existing road ditch to be culverted under the service bay shall be carried out to the
satisfaction of RIS.
(ii) Headwalls shall be constructed on each end of the new culvert. 
Page 3 Agenda Item 3a

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Page 5 Agenda Item 3b

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NON-DETERMINATION OF PLANNING APPLICATION SEEKING A VARIATION OF CONDITION 2
RELATIVE TO PLANNING PERMISSION REF. 23/00391/PP – VARIATION TO SURFACE OF VEHICULAR
ACCESS. TARBERT FARM, ISLE OF GIGHA, ARGYLL AND BUTE.
PLANNING APPLICATION REF: 25/01961/PP & LOCAL REVIEW BODY REF: 26/0002/LRB 
REQUEST FOR FURTHER INFORMATION BY WRITTEN SUBMISSIONS – ROADS 13TH JULY 2026
Information Required  Roads Comment 
To provide specific information on the substantive
reasons why a tarred surface rather than a
concrete surface was required as the Applicant
had indicated there was no good reason for the
surface to be tar rather than concrete. 
Bituminous material (commonly referred to as tar) is
specified within the Roads Development Technical
Guidance of Argyll and Bute Council, for junctions
and accesses that connect with the public road
network. This is specified over concrete for the
following reasons:- 
1. Settlement/Flexibility - Bituminous
surfacing is highly flexible and will
accommodate any ground settlement at the
same rate as the adjacent bituminous
material, reducing the effects of differential
settlement (edge damage, increased
maintenance);
2. Maintenance - Bituminous surfacing is
advantageous in terms of the ease of
maintenance and repair. Any maintenance
undertaken only requires a single material to
be transported to the island as the road
network is constructed from same. Curing
time is generally lower for bituminous
material.
3. Cost – Noting the above, with a declining
revenue budget it has become more
important to ensure a single material type is
used to mitigate/minimise impact. Multiple
materials will create an inefficient and more
costly operation as this will require additional
vehicles, plant and equipment for the
different laying techniques. 
Note - Approved Drg. No. DR-A-0002 (dated
23/01/23) also detailed a “6-8m tarred access road
with service layby” and no request was made by the
Applicant to change from bituminous material to
concrete. In this case, the applicant has constructed
the access without consent under Section 56 of the
Roads (Scotland) Act 1984. It is also unclear
whether the appointed contractor held appropriate
certification as required under the New Roads and
Street Works Act 1991. 
If the tarred surface is required, to confirm if the
tar could be overlayed onto the existing concrete
rather than the concrete being removed 
Whilst in theory this may appear a pragmatic
solution, the issue of differential settlement, as
identified above, would remain. 
Page 7 Agenda Item 3c

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