01429 Statement of Case

Argyll and Bute Council · 2 September 2025
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Classification: OFFICIAL
STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
Land South of Kilfinan Community Forest Caravan
and West of Hafton House, Tighnabruaich 
Planning Application Reference Number
20/01429/PP 
Local Review Board Reference 
Number 25/0007/LRB 
10th July 2025

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Classification: OFFICIAL
STATEMENT OF CASE
The planning authority is Argyll and Bute Council (‘the Council’). The appellant is; Mr Edward
Pybus, 6 Kyles Court, Tighnabruaich (‘the appellant’).
The planning application, reference number 20/01429/PP, for the erection of dwellinghouse
and artist studio at ‘Land South Of Kilfinan Community Forest Caravan And West Of Hafton
House, Tighnabruaich’ (“the appeal site”) that was refused under delegated powers on the 31st
March 2025 (Document 3 – Decision Notice, Document 4 – Refused Plans). This refusal
has been appealed and is subject of referral to the Local Review Body.
DESCRIPTION OF SITE
The site is located in an area of forestry (previously a commercial forest) within the countryside
close to the settlement of Tighnabruiach (Document 1 – Location plan). The site is accessed
via a private forestry road.
The site is adjacent to but not within the Potential Development Area as designated by the
Local Development Plan.
SITE HISTORY AND BACKGROUND TO CASE
The planning history of the site and locality is detailed in Section D of the Report of Handling
(Document 5).
In order to assistant Members a short background to the case is considered to be helpful in
this instance given it relates to a legacy case that is linked to other applications in the vicinity
and the allocation of a Potential Development Area within the Local Development Plan.
The Kilfinan Community Forest Company (KCFC) is a registered Scottish charity formed in
2007 that “manages Kilfinan woodland on behalf of the local community”. They approached
the Development Policy Section to discuss the provision of a forest croft project within their
land ownership. This resulted in Potential Development Area (PDA) 2/101 being allocated as
a “community forest croft project” in both the 2009 and 2015 versions of the Local
Development Plan and PDA P1005 being allocated in the adopted LDP2 2024.
The first application for Planning Permission that KCFC submitted was in March 2010 and
this was for the access road formed from the A8003 road (ref: 10/00452/PP). Between
February 2011 and February 2015, applications were submitted for various relatively small-
scale proposals – allotment hut; compost/machinery shed; 4 poly tunnels; wind monitoring
mast; signage; micro hydro scheme; and forestry storage building.
In February 2015, KCFC submitted an application (ref: 15/00432/PP) for the erection of five
affordable houses (Plots 1, 3, 5, 6 and 7) and a multi-purpose building on the site.
As the above application site was located within a PDA, KCFC also had to submit a
Masterplan for the wider area (ref: 15/01140/MPLAN).
The report on planning application 15/00432/PP for the five affordable homes was approved
at the PPSL Committee in June 2015 and the Planning Permission was dated 26th June
2015.
At the same PPSL Committee, Members agreed to approve the masterplan for the PDA and
to endorse this as a material consideration in the assessment of planning application
15/00432/PP and any future applications within the masterplan boundary.

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Classification: OFFICIAL
The department's committee report on the Masterplan stated the following:
"The masterplan site identifies the use of an existing forestry access. There are five phases
to the overall masterplan: Phase 1 is the erection of five affordable dwellinghouses; Phase 2
is the erection of up to three forest crofts; Phase 3 is the development of an 'events space'
which would be an informally landscaped area incorporating a restored curling pond, a
modest bunkhouse and campsite; Phase 4 is identified for compensatory planting; and
Phase 5 which currently comprises a 38 year-old conifer plantation where harvesting will not
begin before 2021 - it is advised that the development potential of this area will be assessed
in the future, beyond the five year life of the current LDP."
The map of the masterplan is Document 2 attached with the PDA boundary in purple. The
application site is beyond the PDA as shown in the inset below (the purple star is the
approximate location of the proposed house).
• Phase 1 - The initial development of five affordable homes – only the house on Plot 6
(to north-west of spur road) has been completed and is occupied. No work has taken
place on the other 4 plots.
• Phase 2 - Development of 'croft houses' will be limited to 3 before further improvements
to the access road take place. (note an arrow is missing but this is the green hatching
on the masterplan Document within the PDA area which is the purple boundary)
• Phase 3 - The 'events space' an informally landscaped area to include a restored
curling pond, modest bunkhouse and campsite. Parking to be at 'low-level' on land
freed up by the removal of existing temporary buildings facilitated by the construction
of new multi-purpose building. Pedestrian access to be enhanced via new path build
as part of phase 1 development. No applications so far submitted.
• Phase 4 - Area reserved for potential future compensatory replanting
• Phase 5 - Forestry to be felled after 2022 which has been undertaken.
Next there was the registration of various crofts with the Crofting Commission in 2017 as
outside of the PDA area (in black) as shown here:
The application subject to the review was then submitted in 2020 when the forestry was still
on the site and there was no road access. A new forestry road was then agreed via prior

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Classification: OFFICIAL
notification process - 19/00446/PNAGRI and built to remove the commercial forestry. Aerial
images will show the removal of the woodland and construction of the track.
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED
Section 25 of the Town & Country Planning (Scotland) Act 1997 states that, in making any
determination under the Planning Acts, regard is to be had to the development plan, the
determination shall be made in accordance with the plan unless material considerations
indicate otherwise. This is the test for this application.
STATEMENT OF CASE
As detailed above, the planning application was refused by Argyll and Bute Council on 31st
March 2025.
This review is centred upon the two issues – one relating to the croft site not being within the
masterplan area and one of road safety and the provision of a safe vehicular access/egress
to serve the proposed development.
No other material matters in respect of the proposal are the subject of this review.
As such, Argyll and Bute Council considers the determining issues in relation to the case is as
follows:-
- Whether it is acceptable to allow a new croft house on land not within a crofting
masterplan area.
- Whether the proposed access would provide a safe vehicular access/egress to
the site in the interests of road safety.
The Report of Handling (attached Document 5) sets out the Council’s assessment of the
application in terms of Development Plan policy and other material considerations.
REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING
It is considered that no new information has been raised in the appellants’ submission. A
detailed planning policy assessment (which was relevant at the time of the assessment of the
planning application) and all other material planning considerations including the assessment
of roads matters is covered in the Report of Handling. As such it is considered that Members
have all the information they need to determine the case. Given the above and that the
proposal is small-scale, has no complex or challenging issues and has not been the subject
of significant body of conflicting representation, then it is considered that a Hearing is not
required.
A copy of the consultation responses are attached for the Members assistance in this local
review. These include:
• ABC Roads Bute and Cowal dated 14th January 2021 – Document 6
• ABC Roads Bute and Cowal dated 28th January 2025 – Document 7
• ABC Roads comments on road specification dated 14.03.2025 – Document 8
• Development Policy dated 24th December 2024 – Document 10
COMMENT ON APPELLANTS’ SUBMISSION

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Classification: OFFICIAL
The full assessment of this case is set out within the planning authorities report of handling
(Document 5). Having regard to the grounds for review set out in the appellant’s submission,
the following points are noted: 
“This application is for a dwelling on a croft that forms part of the masterplan for the
site (see Site Masterplan.pdf) which was approved by Argyll and Bute Council (ref
15/01140/MPLAN)” 
The above statement from the applicant is incorrect. As illustrated by the Location Plan
(Document 1 and 2) the site is not within the masterplan as approved by the Council.  The
Development Plan Policy response (Document 10) makes it clear that in order to satisfy Policy
53 that the proposal is accompanied by a masterplan. In this instance as the site is outside
the masterplan area then an amended masterplan should be developed. This has been
requested and has not been provided and therefore the proposal does not fulfil the
requirements of this policy. 
Members should note that the Local Development Plan 2015 previously included support for
dwellings on bareland croft and this proposal would have benefited from this policy, however,
this policy has not been incorporated into the new policies in LDP2. 
“This application meets the requirement for safe access and therefore should be
approved.”
“I show below that the improvements that ABC Road have said are required, which they
conclude are unachievable, are not need to allow safe access.”
“Access to the site is via a single-track road, originally constructed for timber
extraction. This is a high-quality, well-engineered forestry road with numerous passing
places.” 
The forestry road as approved by 19/00446/PNAGRI provides upper section of track that
provides access to application site. It is a well-engineered forestry road with at least 3.6m
widths, no sections of gradient exceeding 10% and no bends tighter than 15m but this is only
the upper section, not the lower section of the road up to the 5 house site has steep sections
and at one point is narrow at 3.3m (as illustrated in the statement). 
“The site is a working forest, and the current road provides access for several
businesses, including a sawmill, timber harvesting, planting and extraction, one home,
four building plots, a community centre, community allotments, and the crofts. There
are currently no concerns about road safety. The entire site has a 20mph speed limit,
and there are numerous footpaths throughout. The site is well-used by the local
community, including for pedestrian and cycle access. An additional dwelling will not
increase traffic; in fact, as we currently travel the road daily to access our croft, the new
dwelling will reduce overall vehicle movements, as we will be living on site” 
Members are urged to visit the site and note the issues on the lower part of the forestry road
access in relation to width, gradient and passing places. Members are reminded that the lower
part of the road could serve 5 houses – reference 15/00432/PP- and other various community
forest facilities (some built and yet to be developed as part of the masterplan). Therefore, the
road will have more traffic and pedestrian movement on the lower part of the access where
the improvements are sought. 
The  Report of Handling (Document 5) and the Roads consultation responses provide further
details (Documents 6 and 7).

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Classification: OFFICIAL
There is provision with Local Development Plan Policy 37 to either secure ownership of the
private road to allow the improvements or to demonstrate that an appropriate agreement has
been concluded with the existing owner to allow the improvements to be made. 
The roads authority has provided additional information to the applicant (Document 8) on the
works required to improve the lower section and the number and size of passing places, widths
and gradient. The applicant at the time of the application was clear that they neither have
agreement with the owner to allow the improvements nor can they obtain ownership. In this
instance, the authority has refused this application given the road safety issue and therefore
we seek Members support to dismiss this appeal. 
“A requirement that the road up to the first dwelling (approximately 500m from out
proposed dwelling) be made to an 'adoptable standard', meaning ‘surfaced with a
bituminous material.’ This is not achievable because it would be inappropriate for a
working forest. The current engineered road is suitable, supports emergency vehicle
access (the local fire engine has assessed this), and poses no safety risk.” 
Roads require the private access road to be surfaced with a bituminous material.  Given the
track is steep then a sealed surface is necessary. The Roads and Guidance Technical
Guidance (Document 9) states “A “road to adoptable standard” is for the Roads Authority to
define. The variation may include road widths or construction depth, for example,
commensurate to the scale of the development, however; Unbound roads (Type 1) shall not
be accepted as an appropriate adoptable standard road.” 
“A requirement that passing places conform to Operational Services Drg No SD 08/003
rev b. The current passing places are constructed to a suitable standard. From the
above directive it is not clear which standard ABC Roads think would be suitable, but,
as above, it would not be appropriate to surface them with bituminous material.” 
Roads require the passing places to be surfaced and in addition the existing passing places
not being fit for purpose in terms of various parameters as required by the Council’s standard
drawing Drg No SD 08/003 rev b in relation to length, width, geometry. 
“A requirement for a formal turning head at the end of the public road. We do not believe
that the proposal in that ABC Council intends to adopt the forestry access road, which
would incur additional and ongoing maintenance costs. Therefore, access from the
public road is at Kyles Court. This was constructed by Fyne Homes and is sufficient to
meet the ABC Roads requirements.” 
Roads have requested a turning head on the private access road where the 5 house
development site is located. 
Further comments and advice can be sought directly from Roads if required. 
In addition, Argyll and Bute Roads Development Technical Guidance (Document 9) is of
relevance and it states “An existing private access serving two dwellings, the Roads Authority
may allow up to a further three dwellings; the maximum permitted dwellings serviced by
this type of access will be five. Dependent on the local environment commensurate
improvements may include: improvements to the junction layout; visibility splays; surfacing of
junction; passing places; turning head at the end of the private access drainage; surface
condition of the private access. Where an existing private access served six dwellings and an
application was submitted for another dwelling, the Roads Authority may consider permitting
this on the condition that no further development is allowed. In the case where further
development was confirmed to be prohibited or the land remaining was undevelopable, it may
be considered unreasonable for the Roads Authority to ask for a road to adoptable standard.

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Classification: OFFICIAL
Notwithstanding this, improvements may still be requested on the grounds of road safety
improvements. Any further application would be subject to a road to adoptable standard.”
As stated above, in this instance, there is permission for 5 houses to be served from this
private access given the permission is ‘extant’. This is because one house has been built
meaning the further 4 houses could be built out with need for further permission. This would
therefore mean the access already serves 5 houses and numerous other community forestry
activities and this application would be for a 6th house.
CONCLUSION
Taking account of the above, the LRB should give consideration of this information and any
comments the ABC Roads officer and Development Plan Policy team in determining this
review.
Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made in
accordance with the development plan unless material considerations indicate otherwise.
The determination of these LRB proceedings will accordingly require to be made with regard
to the report of handling which includes commentary that identifies the provisions of the Argyll
and Bute Local Development Plan 2 (LDP2) which were relevant to the determination of this
application.
In this case the LRB must therefore ensure that proposal complies with LDP2 Policies 02, 35,
37 and 53 and also NPF4 Policies 16 and 17.
APPENDED DOCUMENTS
1. Location Plan
2. Masterplan 25/01140/MPLAN
3. Decision Notice
4. Refused Plans
5. Report of Handling
6. ABC Roads response 14.01.2021
7. ABC Roads response 28.01.2025
8. ABC Roads requirements 14.03.2025
9. ABC Roads Development Technical Guidance
10. ABC Development Policy Response 24.12.2024