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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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Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 605522
DX 599700 LOCHGILPHEAD 
20 November 2025 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on THURSDAY, 27 NOVEMBER 2025 at 2:30 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: LAND SOUTH OF FERNBANK,
RAHANE (REF: 24/0006/LRB) 
(a) Further written information from Planning Officer (Pages 3 - 10)  
(b) Comments from Applicant (Pages 11 - 14) 
Argyll and Bute Local Review Body 
Councillor John Armour Councillor Gordon Blair (Chair) K
Councillor Peter Wallace   
Contact: Fiona McCallum   Tel: 01546 604392
Public Document Pack

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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 
Page 3 Agenda Item 3a

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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.   
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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.

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Page 11 Agenda Item 3b

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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

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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
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