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Document 3 - 01429 - Decision Notice

Argyll and Bute Council · 2 September 2025
Back to Argyll and Bute Local Review Body — 2 September 2025 and its agenda

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Page 1

Argyll House Alexandra Parade Dunoon PA23 8AJ 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
REFUSAL OF PLANNING PERMISSION 
REFERENCE NUMBER: 20/01429/PP 
Mr Edward Pybus
6 Kyles Court
Tighnabruaich
Argyll
PA21 2AJ 
I refer to your application dated 14th August 2020 for planning permission in respect of the
following development: 
Erection of dwellinghouse and artist studio
AT:
Land South Of Kilfinan Community Forest Caravan And West Of Hafton House
Tighnabruaich Argyll And Bute   
Argyll and Bute Council in exercise of their powers under the above mentioned Act and
Regulations hereby refuse planning permission for the above development for the reasons(s)
contained in the attached appendix. 
Dated: 31 March 2025 
Fergus Murray
Head of Development and Economic Growth

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REASONS FOR REFUSAL RELATIVE TO APPLICATION NUMBER: 20/01429/PP 
1. The proposed development is contrary to NPF4 Policies 16 and 17 and Policies 02, 35, 37
and 53 of LDP 2 in that the proposal is not acceptable in principle as it is not within a crofting
masterplan or community plan area and it would be detrimental to traffic safety as the existing
private access road has design constraints so it does not have the capacity for the development of
an additional dwelling house without commensurate improvements to the access road. In this case
the improvements required are deemed unachievable due to the applicant being unable to
demonstrate that an appropriate agreement has been concluded with the existing owner for
required commensurate improvements to be made.

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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 20/01429/PP 
1. If the applicant is aggrieved by the decision to refuse permission for or approval required by
a condition in respect of the proposed development, or to grant permission or approval
subject to conditions, the applicant may require the planning authority to review the case
under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended)
within three months from the date of this notice. A Notice of Review request must be
submitted on an official form which can be obtained by contacting The Local Review Body,
Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by
email to localreviewprocess@argyll-bute.gov.uk 
2. If permission to develop land is refused or granted subject to conditions and the owner of
the  land claims that the land has become incapable of reasonably beneficial use in its
existing state, and it cannot be rendered capable of reasonably beneficial use by the
carrying out of any development which has been or would be permitted, the owner of the
land may serve on the planning authority a purchase notice requiring the purchase of the
landowner’s interest in the land, in accordance with Part 5 of the Town and Country
Planning (Scotland) Act 1997 (as amended).

Page 4

APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application: 20/01429/PP 
A. Has the application been the subject of any “non-material” amendment in terms of
Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to
the initial submitted plans during its processing. 
Yes 
If yes, list amendments below: 
Plans amended prior to determination   
Summary of amendments (if appropriate): 
Site plan amended to reduce length of access driveway, and change to proposed footpath to
house. 
B.  Is the proposal a departure from the Development Plan: 
No 
If yes, state level of departure: 
C.  Summary justification statement for refusal of planning permission 
The proposal is considered to be contrary to Policies 16 and17 of National Planning Framework 4,
and Policies 02, 35, 37 and 53 of the Argyll and Bute Local Development Plan 2, and there are no
other material considerations of sufficient significance to indicate that it would be appropriate to
grant planning permission in this instance as a departure to the Development Plan having regard to
s25 of the Act.