Consider Notice of Review Request: Land South of Fernbank, Rahane (Ref: 25/0006/Lrb)
Argyll and Bute Council · 27 November 2025
Back to Argyll and Bute Local Review Body — 27 November 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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25/0006/LRB Re: Planners’ AB7 Response 10th November 2025 This document comments on the response from Argyll and Bute Planning Department to the request for further information regarding Local Review Board case 25/0006/LRB and planning application 24/01389/PP. The applicants would like to thank the planning officer for their considered response to the request for further information. With regard to the reduced (40 m) northern visibility splay, the applicants can confirm that this would be within their control. The only issue is the note suggesting a Section 75 Agreement would be needed to ensure the proposed (75 m) southern visibility splay can be maintained in perpetuity. This has previously been addressed with the planning team; however, it is appreciated that it was in May 2024 and has not been part of recent discussions. Whilst the proposed southern visibility splay would extend across adjacent properties over which the applicants do not have direct control, each of these already have existing conditions or burdens that require current and future owners to maintain the areas either as their own visibility splays or as accesses. As such, requiring a Section 75 Agreement would fail the National Planning Policy Guidelines test of ‘being necessary’. The joint access for Ach-Na-Cloich and Ach-Na-Cloich Lodge was granted planning permission with conditions requiring that a 2 m deep footpath and standard visibility splays were to be provided [1]. These completely cover the area belonging to Ach-Na-Cloich that would be affected by the proposed visibility splay (see Drawing 1). Consequently, the owners of Ach-Na-Cloich already have a responsibility to maintain this area as their own visibility splay in perpetuity; a Section 75 Agreement to enforce this area as a visibility splay would be redundant. Ach-Na-Cloich Cottage has an existing burden [2] of ‘a servitude right of access for vehicular traffic, plant and personnel’ covering the area that would be affected by the applicants’ southern visibility splay. This area forms the access to both the cottage and electricity sub-station, so could not be obstructed without affecting this access. Lastly, Mambeg Farm has 'a heritable and irredeemable servitude right of access … for pedestrian or vehicular traffic’ [3]. The southern boundary of this area is the responsibility of Ach-Na-Cloich Cottage (and so covered by the burden above) and the northern boundary is the responsibility of the applicants. The entire area affected by the proposed visibility splay forms the access to Mambeg Farm and so could not accommodate any obstruction and still maintain the right of access. Additionally, once the visibility splays have been created, any development, building, walls, other construction, trees or bushes would be subject to permitted development restrictions [4] and Sections 51, 88 and 92 of the Roads (Scotland) Act. Furthermore, visual obstructions affecting road safety can be reported via the Argyll & Bute website [5]. The proposed visibility splays for the new access can be created and maintained in perpetuity by means of existing conditions, responsibilities and burdens. A Section 75 Agreement would serve only to duplicate these and be an unnecessary financial and legal burden for all parties involved. The applicants will be in attendance at the next LRB meeting and are keen to address any queries. Page of 1 3
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Site Plan & Adjacent Plots Drawing 1 - Site plan, southern visibility splay and adjacent properties Yellow area - Mambeg Farm Access (DMB61922) Blue area - Ach-Na-Cloich Cottage (DMB13525) - dark blue area relates to Burden 5 Green area - Ach-Na-Cloich (DMB53070) - dotted line shows the 2 m footpath Red lines & grey shaded area - site boundary and visibility splays for proposed new access Orange lines - Ach-Na-Cloich visibility splays as required by planning application 11/01011/PP Page of 2 3
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References 1. Extract from Consultee response, Observations On Planning Application 11/01011/PP, 25/07/11, Page 3 ‘1. The sightline visibility splay 75 x 2.4 x 1.05 metres shall be provided’ ‘5. The provision of a 2 metre footway along the full frontage of the proposed and existing house’ 2. Extract from Title Information: DMB13525, Section D, Burden 5 ‘Grant of Servitude containing Disposition by Susan Mary Austin, with consent, to Scottish Power plc and their successors (hereinafter referred to as "the Company"), registered 3 Sep. 1998 of a servitude right of access for vehicular traffic, plant and personnel over the area of ground tinted blue on the Title Plan (hereinafter referred to as the "servitude area"), contains the following burdens: (First) Both parties will be prohibited from erecting any building or other erection on the servitude area, (Second) In exercising the said servitude right the Company shall take all reasonable precautions to avoid obstruction to or interference in the use of the adjoining lands belonging to us and damage and injury thereto,’ 3. Extract from Title Information: DMB61922, Section A, Description ‘(Fourth) a heritable and irredeemable servitude right of access to that part of the Subjects in this Title situated on the west side of the road leading from Roseneath to Garelochhead for pedestrian or vehicular traffic from the said road leading from Roseneath to Garelochhead over the track tinted yellow on the said Plan.’ 4. www.gov.scot/publications/householder-permitted-development-rights-guidance-updated-2021/pages/1/ 5. https://argyllandbute.custhelp.com/app/AS/Road_Safety Page of 3 3