01389 Response to Request for Further Information
Argyll and Bute Council · 27 November 2025
Back to Argyll and Bute Local Review Body — 27 November 2025 and its agenda
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Classification: OFFICIAL RESPONSE TO REQUEST FOR FURTHER INFORMATION FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY REFUSAL OF PLANNING PERMISSION FOR: ERECTION OF DWELLINGHOUSE AND DETACHED DOUBLE GARAGE, INSTALLATION OF SEWAGE TREATMENT PLANT AND FORMATION OF VEHICULAR ACCESS AT: LAND SOUTH OF FERNBANK, RAHANE, ARGYLL AND BUTE PLANNING APPLICATION REFERENCE NUMBER 24/01389/PP LOCAL REVIEW BOARD REFERENCE NUMBER 25/0006/LRB 22nd OCTOBER 2025
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Classification: OFFICIAL Draft Conditions: Members have asked for “Appropriate conditions and reasons taking account of road safety in the event Members were minded to grant planning permission as a minor departure from policy to allow for reduced visibility splays to the south of the proposed new access measuring 75 x 2 x 1.05 metres and to the north of the proposed new access measuring 40 x 2 x 1.05 metres.” Below we have provided draft conditions and reasons to attach to the permission in the event that Members of the LRB are minded to approve the application with a planning obligation. Members should note that the view of the planning officers is that these conditions do not adequately address road safety given a reduced visibility splay of 40m does not meet the requirements for this speed limit. 1. Standard Time Limit Condition 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
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Classification: OFFICIAL 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. 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.
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Classification: OFFICIAL 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. 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
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Classification: OFFICIAL 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 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.
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Classification: OFFICIAL 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 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. 15. 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; 40 metres in a northbound direction and 75m to southbound direction 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;
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Classification: OFFICIAL - 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. 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. Draft additional notes to applicant: Draft additional notes to attach to the permission in the event that Members of the LRB are minded to approve; • 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.
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Classification: OFFICIAL Further information request: Members have also requested the following: Confirmation as to whether the applicant has control of the land to achieve these reduced visibility splays, and, if not, confirmation on whether a Section 75 Legal Agreement would be required to achieve these reduced visibility splays. In response to the above request we can confirm that the applicants do not have control over some of the land covered by the Southbound visibility splay, land in which alterations are required to meet with the required Southbound visibility splays, and even though the applicants have provided the necessary written agreements with the neighbouring properties to the South of the site, namely; Ach-Na-Cloich Cottage and Ach-Na-Cloich House, noting that they are amenable to allowing the applicant to make alterations to objects within their ownership in order to achieve the required splay to the South, this is not in the form of a legal agreement. The agreements would therefore not secure it in perpetuity with future landowners if the neighbouring properties were sold i.e. secure maintenance of the visibility spays in perpetuity. Therefore, in this instance it is considered that a Section 75 Legal Agreement would be required to secure the visibility splays to the south. Members should note with regard to the north, the reason the application was refused and not approved subject to Section 75 was because the applicant had confirmed they could not get agreement with the property to the north.