01389 statement of case
Argyll and Bute Council · 25 August 2025
Back to Argyll and Bute Local Review Body — 25 August 2025 and its agenda
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Classification: OFFICIAL STATEMENT OF CASE FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY LAND SOUTH OF FERNBANK, RAHANE, ARGYLL AND BUTE PLANNING APPLICATION REFERENCE NUMBER 24/01389/PP LOCAL REVIEW BOARD REFERENCE NUMBER 25/0006/LRB 4th June 2025
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Classification: OFFICIAL STATEMENT OF CASE The planning authority is Argyll and Bute Council (‘the Council’). The appellants are; Lisa Bradbury & Matt Aitchison, 31 Fangrove Park, Lyne Lane, Chertsey, KT16 0BN (‘the appellant’). The planning application, reference number 24/01389/PP, for the 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’ (“the appeal site”) that was refused under delegated powers on the 2nd April 2025. This refusal has been appealed and is subject of referral to the Local Review Body. DESCRIPTION OF SITE The site is located within the settlement area of Rahane. The site is also located within the MOD safeguarding zone of Coulport. The proposed site is located on the landward side of the main road (B833). The application site is a greenfield site as it has not previously been developed. The site measures approximately 3800sqm and slopes gently down from West to East terminating at the site frontage along the B833. The site frontage along the B833 measures approximately 48m. The site is mainly made up of marshland with boggy grassed areas, there are a few trees that bound the site. The site is currently bounded to all sides with post and wire fencing. SITE HISTORY The planning history of the site and locality is detailed in Section D of the Report of Handling. STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED Section 25 of the Town & Country Planning (Scotland) Act 1997 provides that where, 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 2nd April 2025. This review is centred upon the sole issue 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:-
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Classification: OFFICIAL - 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) 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 response from ABC Roads Helensburgh and Lomond dated 13th August 2023 is attached for the Members assistance in this local review. COMMENT ON APPELLANTS’ SUBMISSION Having regard to the grounds for review set out in the appellant’s submission, the following points are noted: Section 4.4 of the appellant’s submission refers to their interpretation of the relevant planning policies. They have referred to LDP2 Policies; 01, 35, 37 and 66. Also of relevance is Policy 39 which relates to the construction standards for private access. Section 4.5 of the appellant’s submission notes that ‘Policy 35 is not considered to be relevant on the basis that the proposed development, i.e. the new dwelling, will not be utilising an existing private access or an existing private road.’ This is incorrect as LDP2 Policy 35 relates to - Design of New and Existing, Public Roads and Private Access Regimes. This is a relevant policy as the proposal is for a new private access. Section 5 of the appellant’s submission which covers their grounds for review includes history for the application site. Reference is made in regards to a previous approval on the site namely approval reference 10/00168/PPP for the erection of 2 dwellinghouses with single garages and the installation of shared septic tank. The appellants have noted that the roads condition placed on this approval which required visibility splays of 2.4 x 95 x 1.05 metres could not have been complied with. At the time of determination this would not have been known and the condition imposed would have met all the tests as set out in Circular 4/1998 – use of conditions – which states conditions should be; necessary, relevant to planning, relevant to the development, enforceable and precise. Therefore, if this pre-start condition could not have been complied with then an amended application or an application to vary this condition would have been required. The appellant’s submission also notes that this previous approval is a material consideration, however, national planning policy, the local development plan and the
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Classification: OFFICIAL roads technical guidance have been superseded since this approval and further information is now available to be able to conclude the previous condition could not be met, hence the reason for refusal. All material planning considerations which have been taken into account in determining this application. Section 5 of the appellant’s submission which covers their grounds for review includes two applications they have selected as precedents. Namely applications; 20/00267/PP (with subsequent application to vary the planning condition relating to visibility splays reference; 21/01603/PP) and application 20/01150/PP (with subsequent application to vary the roads condition reference 21/02709/PP). It is noted that with regards to both of these applications the access roads serving the proposed developments both had lesser speed limits, they were both unclassified single track roads and both were dead end roads. The road to which this site is to be accessed is a two way B-class road with a 40mph speed limit in a location were overtaking is likely due to it being an area of straight road. The road safety risk is therefore much higher in this instance. OTHER MATTERS It is noted that there has been a typo within the published report of handling and decision notice within the reasons for refusal. In that LDP2 Policy 37 has been referred to, however, this should have noted LDP2 Policy 39. This is correctly noted within section (J) of the report of handling which covers the list of all Development Plan Policy considerations taken into account in assessment of the application and also section (P) of the report of handling which covers the assessment and summary of determining issues and material considerations. CONCLUSION Taking account of the above, the LRB should give consideration of this information and any comments the ABC Roads officer has made in the review of this case. 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 35, 36 & 39, in particular in relation to adequate visibility splays. APPENDED DOCUMENTS Report of Handling ABC Roads Helensburgh & Lomond consultation response dated 13th August 2023 ABC Roads Development Technical Guidance
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Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 24/01389/PP Planning Hierarchy: Local Application Applicant: Lisa Bradbury And Matt Aitchison Proposal: Erection of dwellinghouse and detached double garage, installation of sewage treatment plant and formation of vehicular access Site Address: Land South Of Fernbank Rahane Argyll And Bute DECISION ROUTE Delegated Decision under Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of dwellinghouse and detached double garage, installation of sewage treatment plant and formation of vehicular access (ii) Other specified operations • N/A (B) RECOMMENDATION: Refuse (C) CONSULTATIONS: Ministry Of Defence - 08.10.2024 – No objections Scottish Water - 21.08.2024 – No objections – Scottish Water have noted that there is capacity to service the proposed development, however, there is no waste water infrastructure within the vicinity, therefore, waste water must be dealt with via a private treatment system Roads Helensburgh And Lomond - 29.01.2025 – Refuse – please see assessment below for detailed reasoning’s Scottish Environment Protection Agency - 04.09.2024 – No objections Flood Risk Assessor - 10.09.2024 – No objections
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(D) HISTORY: 10/00168/PPP Site for the erection of 2 dwellinghouses with single garages and the installation of shared septic tank. Approved 25.08.2010 12/01443/PP Erection of 2 dwellinghouses with integral double garages, formation of vehicular access and installation of sewage treatment plant and septic tank Withdrawn 10.12.2012 23/01538/PP Erection of dwellinghouse and detached double garage, installation of sewage treatment plant and formation of vehicular access Withdrawn 24.10.2023 (E) PUBLICITY: Advert Type: Regulation 20 Advert Local Application Expiry Date: 12.09.2024 (F) REPRESENTATIONS: None (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A Design or Design/Access statement: Yes - planning statement submitted which sets out the following; planning history, policy context, site context, design, parking & access, sustainability, bio- diversity and drainage (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist Yes Yes (v) A report on the impact of the proposed development eg. Retail impact, transport impact, No
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noise impact, flood risk, drainage impact etc: (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Connected Places Policy 32 – Active Travel Policy 33 – Public Transport Policy 34 – Electric Vehicle Charging Points Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 36 – New Private Accesses
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Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management Homes for People Policy 66 – New Residential Development on Non-Allocated Housing Sites within Settlement Areas High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • TN06 Sustainability Technical Note and Checklist (Oct. 2023) • TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023) • SEPA Standing Guidance for Development Management (Dec. 2022) (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No (L) Has the application been the subject of statutory pre- application consultation (PAC): No (M) Does the Council have an interest in the site: No (N) Requirement for a pre-determination hearing: No (O)(i) Key Constraints/Designations Affected by the Development: MoD Safeguarding Zone (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: N/A Peat Depth Classification: N/A Does the development relate to croft land? No
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Would the development restrict access to croft or better quality agricultural land? N/A Would the development result in fragmentation of croft / better quality agricultural land? N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? Yes Does the proposal include any replacement or compensatory planting? No (details to be secured by condition) (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application Greenfield ABC LDP2 Settlement Strategy Settlement Area ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Assessment and summary of determining issues and material considerations Planning permission is sought for the erection of a dwellinghouse and detached double garage, the installation of a private sewage treatment plant and the formation of a new vehicular access. The site address is; Land South Of Fernbank, Rahane, Argyll And Bute. The site is located within the settlement area of Rahane. The site is also located within the MOD safeguarding zone of Coulport. The key issues for consideration are: • Settlement Strategy • Location and Nature of Proposed Development (Design) • Natural Environment • Servicing • Access and parking Settlement Strategy The proposed site is located on the landward side of the main road (B833). The application site is a greenfield site as it has not previously been developed. NPF4 Policy 9 (b) notes that; Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. The site measures approximately 3800sqm and slopes gently down from West to East terminating at the site frontage along the B833. The site frontage along the B833 measures approximately 48m. The site is mainly made up of marshland with boggy grassed areas, there are a few trees that bound the site. The site is currently bounded to all sides with post and wire fencing. Policy 01 (Settlement Areas) of the adopted LDP notes that; Within the Settlement Areas as defined on the proposals maps development will normally be acceptable where it is on a non- brownfield site, and the proposal is considered acceptable in relation to the overall land supply for the proposed use, and it is compatible with surrounding uses including but not exclusively; providing access, service areas, infrastructure for existing, proposed or potential future development, and it is of an appropriate scale and fit for the size of settlement in which it is proposed; and respects the character and appearance of the surrounding townscape in terms
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of density, scale, massing, design, external finishes and access arrangements; and it complies with all relevant Local Development Plan 2 policies. Policy 66 (New residential development on non-allocated housing sites within Settlement Areas) has a similar criteria to Policy 01 and also states that a proposal must have an appropriate standard of access to and parking for vehicles associated with the development is provided. Either side of the application site there is residential development that spans the landward side of the B833. Meaning the application site is effectively the only plot within the settlement that has not been developed and is effectively a gap site. The use of which is considered to comply with Policy 04 (Sustainable Development) of the adopted LDP. The proposed house is to be located in line with the residential developments on the adjoining plots and central to the development site. With the proposed detached garage located next to the proposed house toward the North of the site. The proposals largely comply with the relevant settlement policy (policy 01 of the adopted LDP) in that they utilise a non-brownfield site, they are compatible with the surrounding land uses, they are of an appropriate scale and site and respect the surrounding build development pattern. However, there is a conflict with this policy with regards to providing access. It is also considered that the proposals comply with NPF4 policy 9 as the proposal is explicitly supported by policies in the LDP. NPF4 Policy 16 (f) supports housing that is not specifically allocated within the LDP where the proposal is small-scale and within an existing settlement boundary so there is no conflict with this policy. Location and Nature of Proposed Development The proposed dwellinghouse is a two storey two bedroom timber cabin with a ground floor footprint of approximately 75sqm and with a ridge height of approximately 7m. The proposal is a simple gable ended from with a full height glazed triangular bay window to the front elevation. The proposed double garage located to the side of the proposed dwellinghouse has a footprint of approximately 42sqm and an eaves height of approximately 5m. The proposed garage is a simple gable ended pitched roof design. External materials have not been specified for either the dwellinghouse or garage on the submitted plans, and if would be recommended that if the application were being recommended for approval, a safeguarding condition would be added requesting samples of all external materials be submitted to and approved by the authority prior to works commencing on site. With regards to the proposed design of the dwellinghouse and garage Policy 10 (Design: All Development) of the adopted LDP applies. This policy requires that the design of any development must: • Demonstrate an understanding of and appropriate response to the proposed development site and wider context including consideration of character and, where applicable, urban grain; and • Acknowledge the scale, mass and spirit of nearby buildings but steer clear of mimicry and pastiche; and • Incorporate existing and enhancing features where applicable; and • Avoid falsification of period details; and • Use appropriate proportions for building elements and details including, where applicable, massing and fenestration; and • Use materials that are harmonious with the context but embody honesty and legibility of contemporary design; and • Consider the embodied energy and durability of proposed materials; and • Incorporate the use of flood resistant and resilient materials and construction methods.
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It is considered that the proposed dwelling house and garage comply with the above design policy. In terms of residential amenity, due to orientation/proximity of windows there would be no effects on the privacy or amenity to neighbouring properties, nor would there be any effects with regards to daylight/sunlighting. Furthermore, in terms of the suitability of the design, it is noted that the proposals are small scale and are considered to blend into the landscape and take into account the sites topography which meets with the policy requirements of Policy 08 (Sustainable Siting) of the adopted LDP. They also respect the built line for development along the B833 and tie in with the surrounding built development pattern. NPF4 Policy 14 seeks to encourage, promote and facilitate well-designed development that makes successful places by taking a design-led approach and applying the Place Principle. NPF4 Policy 14(c) states that development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful place will not be supported. The proposed development pays regard to the established settlement pattern in this location and is considered to meet with the provisions of NPF4 Policy 14. It is also worth noting in terms of NPF4 Policies 13 & 15 which relate to sustainable transport and local living and 20 minute neighbourhoods for which this proposal has been assessed against as well as the adopted LDP Policy 32 which relates to active travel. It is considered that the proposed development would meet these policies as it is considered that the proposal is small scale and would not result in the requirement to upgrade the existing infrastructure. It is also noted that two bus stops are located within walking distance to the proposal which link up with local facilities 10 minutes away and that these facilities could also be accessed via a 14- minute cycle which is considered appropriate for living within a rural area. Natural Environment The applicants have indicated that 6no. trees require to be removed in order to facilitate the proposed development. These are located along the site frontage with the B833. 4no. of the trees to be removed are Ash and 2no. are sycamore. The trunk diameters of the trees to be removed range from 150mm (smallest) to 430mm (largest). No further info has been received in terms of the age, condition or bio-diversity value of the individual trees to be removed. Nor has a potential roost assessment with regards to the potential for bats roosting within these trees been submitted. If the application was being recommended for approval a safeguarding condition would be added with regards to the additional tree and bat information that required to be submitted to and approved by the authority prior to works commencing on site meaning that the proposals would comply with Policy 77 (Forestry, Woodland and Trees) of the adopted LDP and NPF4 Policy 6 which seeks to protect and expand forests, woodland and trees. Furthermore, a landscaping plan has not been submitted to show any proposed landscaping works, proposed biodiversity enhancement measures, proposed replacement tree planting or proposed boundary treatments. The applicants have, however, noted within their supporting statement that they propose to undertake tree planting and ‘re-wilding’ on the site. Again, this would be something that could be dealt with by the use of a safeguarding condition if the application was recommended for approved, requiring the submission and approval of a detailed landscaping scheme to the authority prior to works commencing on site. It is therefore considered that the proposals comply with Policy 73 (Development Impact on Habitats, Species and Biodiversity) subject to the aforementioned planning condition. NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. Servicing An indicative location of a private waste water treatment plan have been indicated on the proposed site plan, indicating that the outflow will be into the loch the other side of the B833. Therefore, Policy 60 (Private Sewage Treatment Plants and Wastewater Drainage Systems) of the adopted LDP applies. No further details have been given, however, if the application as
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recommended for approval a safeguarding condition would be advised that required more information be submitted to and approved by the authority in regards to the private treatment system prior to works beginning on site. With regards to Policy 61 (Sustainable Drainage Systems (SUDS)) of the adopted LDP an appropriate SUDS scheme is required for the proposals, however, this would also be conditioned and details of this would require to be submitted and approved by the authority prior to works commencing on site. With regards to sustainability, the applications have noted within their supporting statement that they aim to utilise the following; rainwater harvesting, ground source heat pumps and electric vehicle charging. This meets with the provision of Policy 09 (Sustainable Design) of the adopted LDP. The proposed electrical vehicle charging is a requirement under policy 34 (Electric Vehicle Charging) of the adopted LDP and would be safeguarded by the use of a planning condition. As the site Is located within the MOD safeguarding zone of Coulport the MOD were consulted on the proposals, initially the MOD requested additional information in order for them to complete their consultation response. The applicants submitted the required additional information for the MOD to consider. The consultation response from the MOD notes that they have no objections to the application, however, they have highly recommend that 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. This would be added as an informative should the application be recommended for approval. Parking and access With regards to the proposed vehicular access. It is proposed to form a vehicular access onto the main road, the B833, within the frontage of the site towards the South/East corner of the site. From the proposed vehicular access a driveway will bisect the site and terminate with a parking area in front of the proposed garage. It is noted that there is adequate parking and turning within the site to meet with Policy 40 (Vehicle Parking Provision) of the adopted LDP. The proposed access with regards to its layout and setting out does meet with the guidelines, however, there is an issue with the ability to provide the required visibility splays in full. Within the roads officers consultation response they have noted; The proposed visibility splay projects through a neighbouring property boundary wall and vegetation and, at present there is no agreement between the applicants and the neighbouring property to remove the obstructions that limit the available visibility to the proposed point of access. Whilst the applicant details 40m unimpeded visibility, the requirement for the adjoining 40mph road is 75m unimpeded. Whilst we will consider incursions such as lamp posts or telephone poles, these are done in conjunction with all other factors specific to the site, such as road geometry and speed. With this in mind, Roads concerns are that the road adjacent to the proposed site, the B833, is flat and offers good forward visibility at this position and is therefore a location that attracts vehicle overtakes. Policy 35 (Design of New and Existing, Public Roads and Private Access Regimes) of the adopted LDP notes; Street design for all new developments must consider place before movement and take into account the principles regarding development setting, layout and design. Acceptance of development utilising new and existing public roads, private roads and private access regimes is subject to road safety and street design issues being addressed to the satisfaction of the Roads Authority and the Planning Authority. Policy 39 (Construction Standards for Private Access) of the adopted LDP then notes; The construction standards to be applied for Private Accesses are as follows: a) They shall be constructed to incorporate minimum standards to function safely and effectively as set out in the Council’s Road Development Guide, in particular in relation to adequate visibility splays, access gradients, geometry, passing places, boundary definition, turning capacities, integrated provision for waste management and recycling. b) It must be demonstrated to the Planning Authority that consideration has been given by the applicant in the design process to the potential need to make future improvements to the
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access up to and including an adoptable standard. c) Accesses which connect to or impact significantly on a Trunk Road will require consultation with Transport Scotland. It is noted that the applicant has provided written agreement with the neighbouring properties to the South of the site –Ach-Na-Cloich Cottage and Ach-Na-Cloich House, which impediments within the required visibility splays, 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. However, the applicant has been unable to negotiate and secure an agreement with the neighbouring property to the North - Fernbank, where within this property’s ownership an obstruction to the Northern visibility splay by way of a stone wall and vegetation. Meaning that the maximum achievable visibility splay to the North is 40m and not the required 75m for the road speed. It should be noted that the applicants have provided a detailed written statement with regards to the visibility splays in which they put forward arguments that even with the reduced splay to the North the achievable visibility splays will greatly improve visibility for the surrounding properties and landowners. The improvement is to the existing visibility from the agricultural access which does not appear used and also the properties to the south -Ach-Na-Cloich Cottage and Ach-Na-Cloich House. The applicants also noted that the obstruction is minimal and poses minimal risk. The roads officer was consulted on the additional information, however, they have maintained their objection. The council’s roads officer does not accept the reduction to the visibility splay in this location due to the speed and nature of the main road. Therefore, it is considered that the proposals do not comply with Policy 35 (Design of New and Existing, Public Roads and Private Access Regimes) and Policy 39 (Construction Standards for Private Access) of the adopted LDP as the minimum required visibility spays of 75 x 2.4 x 1.05 metres in both directions cannot be achieved. As it cannot be demonstrated that an acceptable access can be provided it is therefore also considered that the proposals do not fully comply with Policy 01 (Settlement Areas) and Policy 66 (New Residential development on non-allocated housing sites within Settlement Areas). (Q) Is the proposal consistent with the Development Plan: No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Refused: See reasons for refusal below (S) Reasoned justification for a departure to the provisions of the Development Plan: N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: No Author of Report: Emma Jane Date: 28.03.2025 Reviewing Officer: Kirsty Sweeney Date: 31.03.2025 Fergus Murray Head of Development & Economic Growth
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 24/01389/PP 1. The proposal is considered to be contrary to policies 01, 35 & 37 of the adopted LDP as the required minimum vehicular visibility splays of 75 x 2.4 x 1.05 metres in both directions for a 40mph road are not achievable due to obstructions within the Northern visibility splay. The land on which the obstructions occur is not within the control of the applicant and the applicant has been unable to secure an agreement to undertake changes in this splay, therefore, a safe vehicular access cannot be provided for the proposed development which is contrary to the aforementioned polices.
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application 24/01389/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; Additional info submitted by applicant in regards to the visibility splays and a revised site plan. Yes (B) The reason why planning permission has been refused: The proposal is considered to be contrary to policies 01, 35, 37 and 66 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.
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Classification: OFFICIAL Development & Infrastructure Services Planning No. 24/01389/PP Contact: Raymond Kane Tel: 01436 658 961 File Ref: RA - 08101 OBSERVATIONS ON PLANNING APPLICATION Grid Reference: 223338, 687797 Dated: 13/08/2023 Received: 13/08/2023 Applicant: Lisa Bradbury And Matt Aitchison Proposed Development: Erection of dwellinghouse and detached double garage, installation of sewage treatment plant and formation of vehicular access Location: Land South Of Fernbank Rahane Argyll And Bute Type of Consent: Detailed Ref. No. (s) Of Dwg. (s) submitted: Document – Visibility Splays 2023_0005-00 - Rev D - Location Plan 2023_0005-01 Site Plan – As Existing 2023_0005-02 - Rev F - Site Plan – As Proposed 2023_0005-03 Proposed Garage – Typical Plans and Elevations 2.9.1 – Sections 2.5.1 - Floor Plans 2.8.1 - Elevations RECOMMENDATION Refuse Proposals Acceptable Y or N Proposals Acceptable Y or N Proposals Acceptable Y or N 1. General 3. New Roads 4. Servicing & Car Parking (a) General Impact of Development Y (a) Widths Y (a) Drainage Y (b) Safety Audit Required N (b) Pedestrian Provision N/A (b) Car Parking Provision Y (c) Transportation Analysis Required N (c) Layout (Horizontal/ Vertical Alignment) Y (c) Layout of Parking Bays/ Garages Y (d) Drainage Impact / Flooding Assessment Required N (d) Turning Facilities (Circles/Hammerheads) N/A (d) Servicing Arrangements/ Driveways N/A (e) Junction Details (Locations/radii/sightlines) Y 2. Existing Roads (f) Provision for P.U. Services N/A (a) Type of Connection(Road Junction/Footway Crossing) Y (b) Location(s) of Connection(s) N 5. Signing (c) Sightlines N (a) Location N/A (d) Pedestrian Provision Y (b) Illumination N/A
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Classification: OFFICIAL Item Ref. COMMENTS On review of the drawings and the associated visibility splays, it is recognised that the proposed access does not achieve, in its entirety, the minimum visibility splay requirements for a road of this speed, in perpetuity. The proposed visibility splay projects through a neighbouring property boundary wall and vegetation and, at present there is no agreement between the applicants and the neighbouring property to remove the obstructions that limit the available visibility to the proposed point of access. Whilst the applicant details 40m unimpeded visibility, the requirement for the adjoining 40mph road is 75m unimpeded. Whilst we will consider incursions such as lamp posts or telephone poles, these are done in conjunction with all other factors specific to the site, such as road geometry and speed. With this in mind, Roads concerns are that the road adjacent to the proposed site, the B833, is flat and offers good forward visibility at this position and is therefore a location that attracts vehicle overtakes. It should be noted that the applicant/ agent drew comparison between the impediments present on their site (a boundary wall and vegetation, with a lighting column or telephone pole. I would note that a pole is a vertical impediment of x-width, the visibility splay exists either side of it. In this instance, the impediment is horizontal, therefore there is no means of looking around it. Item Ref. REASONS FOR REFUSAL I confirm that Roads refuse the proposed due to the following: • The proposed access to the development does not achieve the minimum visibility splay requirements of 75m unimpeded, for the adjoining road speed of 40mph. Notes for Intimation to Applicant (i) Construction Consent (S21)* Not Required/Required (ii) Road Bond (S17)* Not Required/Required (iii) Road Opening Permit (S56)* Required for verge crossing/Footway crossing Not Required/Required * Relevant Section of The Roads (Scotland) Act 1984 Signed: Raymond Kane Date: 29/01/2025 Copies to: - Planning. ✓ Network. ✓ SOID. File. ✓
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1 ROADS AND INFRASTRUCTURE SERVICES Roads Development Technical Guidance Author Stuart Watson Owner Head of Roads & Infrastructure Services Date April 2024 Version v1.7
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2 Document Information Title Roads Development Technical Guidance Author Stuart Watson Description Design guide for roads. Includes local relaxations, amendments to the National Roads Development Guide (NRDG), adoption processes, Small developments, Island specific development guidelines.
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3 Contents 1.0 INTRODUCTION ............................................................................................................. 4 2.0 SUPPLEMENTARY GUIDANCE TO THE NRDG ................................................................... 5 2.1 NRDG PART 1 ............................................................................................................ 5 2.2 NRDG PART 2 ............................................................................................................ 5 2.3 NRDG PART 3 ............................................................................................................ 9 3.0 DEVELOPMENT CONTRIBUTIONS ................................................................................... 37 4.0 SMALL HOUSING DEVELOPMENTS (FOR USE FOR 1 TO 5 DWELLINGS) .............................. 38 5.0 SMALL HOUSING DEVELOPMENTS (FOR USE FOR 6 TO 10 DWELLINGS) ............................ 46 6.0 VARIATION ON ROAD STANDARDS FOR SPECIFIC ISLANDS .............................................. 48 7.0 ADOPTION OF PRIVATE ROADS OTHER THAN VIA THE RCC PROCESS .............................. 49 8.0 DEVELOPMENTS ON EXISTING PRIVATE ROADS .............................................................. 50 GLOSSARY OF TERMS ....................................................................................................... 53 APPENDIX 1 – CALCULATION OF ROAD BOND ...................................................................... 54 APPENDIX 2 – ROADS CONSTRUCTION CONSENT FORMS ..................................................... 56 APPENDIX 3 – AREA CONTACTS ......................................................................................... 79 APPENDIX 4 – STRATEGIC ROADS ...................................................................................... 81 APPENDIX 5 – STANDARD DETAILS ..................................................................................... 83
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4 1.0 Introduction The National Roads Development Guide (NRDG) has been produced by the Society for Chief Officers of Transport in Scotland, supported by Transport Scotland and Scottish Government Planning and Architecture Division. The document follows the same principles introduced in Designing Streets with a change in national policy to move away from a standards based approach to one where designers, planners and roads engineers collaborate to develop a design led solution. The Councils Roads Development Technical Guidance has been devised to compliment the NRDG but takes into account local considerations which, on occasion, may be different than national guidance. This document highlights areas where Argyll and Bute Councils local Policies or Standards differ from the NRDG. Argyll and Bute Council area is diverse in nature and character and the Technical Guidance may not cover every situation. The Council reserves the right to vary requirements to suit particular local conditions as and when required or considered appropriate. Within Section 2 Supplementary Guidance to the NRDG, where sections of the NRDG are superseded entirely by guidance in this document this will be indicated by the term “Replacement Text”. Similarly, where sections of the NRDG have been added to this will be indicated by the term “Additional Text”. Developers working within Argyll and Bute Council area are required to use this document alongside the NRDG and cross-reference both documents. Developers may also require to refer to Designing Streets (DS) and the Design Manual for Roads and Bridges (DMRB). Where the NRDG refers to a design standard (e.g. the DMRB or British Standard) the most up to date version of the standard will be used. This document also provides further detail on the adoption of private roads (other than through the RCC process), variation of adoptable standards, development contributions through new developments and development of existing private roads.
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5 2.0 Supplementary Guidance to the NRDG This section specifies the parts of the NRDG which are amended or replaced to meet the local requirements within Argyll and Bute Council area. This Scottish Government (SG) guidance is based on the June 2017 amended version. 2.1 NRDG Part 1 Paragraph 1.8: The Need for Consultation Following “Consultation should consider items such as, but not necessarily limit to the following:” add Additional Text Geotechnical information – ground investigation, factual and interpretative reports. 2.2 NRDG Part 2 Paragraph 2.1.1: Statutory Consents (c) Work on the existing public road (Road Opening Permits): Additional Text Any work on or adjacent to existing public roads which are on or near structures shall be subject to prior consultation with Argyll and Bute Council Structures Section via structures@argyll-bute.gov.uk Paragraph 2.1.4: Design Guidance and Adoption Standards Following “6 or more individual dwellings should normally be served by a “road” which will require Construction Consent and the submission of a road bond in a residential area.” add Additional Text Refer to Section 5.0 “Small Housing Developments (for use for 6 to 10 dwellings)” or Section 6.0 “Variation on Road Standards for Specific Islands” of this document for details regarding a variable adoptable standard for developments of 6 – 10 dwellings. A Construction Consent and the submission of a Road Bond may still be required. Note, Housing Associations are exempt from the provision of Road Bonds.
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6 Paragraph 2.2.6: Roads and Lane Widths (a) Junction Types and Arrangements Additional Text Site specific visibility standard sightline distances within Argyll & Bute are detailed within section 3.1 Road Design, 3.1.1 (c) Junctions of this document (d) Integrated Parking Following “In addition, the evolution of car design has resulted in increased car sizes over recent years, rendering much of the previous car parking space guidance outdated and no longer fit for purpose. Refer to Parking Standards in Part 3” add Additional Text It is recognised that integral parking provision within residential dwellings may be converted for other uses (Permitted development). Therefore this parking arrangement shall not be counted within the required parking standards. Refer to Table A8 Car Parking Standards of this document for the parking provision within Argyll and Bute Council area. Paragraph 2.2.7: Street Detail (a) Drainage and Sustainable Urban Drainage Systems (SUDS) Additional Text SUDS schemes must comply with current SEPA guidance and approval process. (b) Flood Risk Management Additional Text Flood management must be in accordance with current guidance and the Councils flood “policy” (c) Utilities Additional Text Where the proposed new road is a prospective adopted road, provision for (public utilities) services must be made. If services are not being installed during the road construction phase then ducting appropriate to the scale of the development must be provided. In addition to this, where a system of street lighting is not being installed as part of the initial development ducting must be laid to allow the provision of lighting at a future date. Note, ducts must include draw-rope at installation.
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7 Paragraph 2.3.8: Adoption of Sustainable Urban Drainage Systems (SUDS) for Roads Additional Text Where SUDS contains road surface drainage only and is contained within the road corridor or servitude rights have been granted for areas outwith the road corridor, the roads authority will adopt the scheme. The Council, as roads authority, may enter into agreement with Scottish Water for shared systems. Paragraph 2.3.10: Structures Agreements Additional Text Any agreement involving a structure shall be subject to the Technical Approval Process as outlined in Paragraph 3.8 of this document. Paragraph 2.3.11: Roads Bonds Additional Text For any prospective adopted road a road bond will be required. The road bond will be calculated based on the rates in Appendix 1; rates may be subject to inflation. Paragraph 2.4: Applying for Construction Consent Additional Text The Councils published Fees & Charges (link below) provides detail of the charges for the processing of RCCs. Charges may be subject to annual increases under the Councils budget setting processes. https://www.argyll-bute.gov.uk/council-and-government/council-fees-and-charges Paragraph 2.4.9: Construction Consent Forms Additional Text The Council’s Construction Consent Forms are contained in Appendix 2 of this Technical Guidance document. Submissions should be made to the local Traffic & Development Officer at the addresses listed in Appendix 3. The Argyll and Bute Council Construction Consent Forms are contained in Appendix 2. Permission is hereby granted for this these forms to the photocopied.
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8 Paragraph 2.4.12: Inspection Procedures during Construction (a) Notice of Commencement (b) Sub-paragraph (3) Notice of Operations Replacement Text The developer or his contractor must give the Local Roads Authority representative a minimum 3 working days’ notice (excluding weekends and public holidays), unless otherwise agreed with the Roads Authority, of: (a) Completion of formation; (b) Commencement of each pavement layer to the carriageways, cycle track, footways and footpaths; (c) Each concrete pour (including blinding) and commencement of steel fixing where reinforced concrete is used; (d) Striking of formwork; (e) Setting out of road lighting plant positions, backfilling of cable trenches and painting of lighting columns; (f) Placing and testing of drainage systems. It should be noted that these are minimum requirements and that, in certain cases, the developer may be required to notify the Local Roads Authority’s representative of additional construction stages. Developers should also note that failure to notify the representative as above can result in covered over work to be exposed for inspection at the developer’s expense to ensure that the construction complies with the Construction Consent. Finally, failure to notify can result in delays to adoption or potentially seriously compromise the adoption process. Sub-paragraph (4) – Charges for Inspection & Testing Additional Text The Councils published Fees & Charges (link below) provides detail of the charges for RCC Inspections. Charges are calculated pro rata based on the Road Bond Value. Charges may be subject to annual increases under the Councils budget setting processes. Inspections fees shall be paid in full prior to commencement of works. https://www.argyll-bute.gov.uk/council-and-government/council-fees-and-charges
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9 2.3 NRDG Part 3 Paragraph 3.1.1: Junctions Following “The range of junction types and arrangements are discussed in Designing Streets (page 36). This section details required junction criteria to enable a design to function correctly in relation to its user demands.” Additional Text Note that for all junctions on high speed roads (40mph or above), the guidance in Designing Streets is not appropriate and the DMRB must be referred to for guidance. Paragraph 3.1.1: Junctions (C) Visibility Splay Area Replacement and Additional Text “Stopping sight distances and visibility requirements are detailed in Designing Street (pages 33-35).” Replace the table with the following tables and add the following text: Table A1 – Lightly Trafficked Roads Vehicle Speed (mph) 60 50 45 40 35 30 20 Y distance 136 103 84 75 53 42 25 For Strategic Routes and other routes carrying traffic volumes greater than 3000 Vehicles Per Day (VPD), use figures in Table A2. The list of Strategic routes and higher traffic routes is detailed in Appendix 4. Table A2 – Strategic and Heavily Trafficked Routes Vehicle Speed (mph) 60 50 45 40 35 30 20 Y distance 160 120 95 75 53 42 25
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10 Traffic volumes are in vehicles per day (VPD) and refer to the total combined flow in both directions. Where actual speed falls between the given values the y – distance may be interpolated by the Roads Authority. The ‘x’ – distance will normally be taken as 2.4m. Where considered appropriate by the Roads Authority the following x-distances may be used: • 4.5 metres for flows up to 3,000 v.p.d. • 9.0 metre for flows in excess of 3,000 v.p.d. The visibility envelope (vertical plane) shall be taken as1.05m (“driver’s eye”) to 0.6m above the carriageway. The “driver’s eye” may be increased to 2m for lorry drivers. The traffic speed to be used is the mean speed on the public road. This will either be measured or estimated by the Roads Authority. Developers should note that they must either own or obtain control of the land contained within a visibility splay, except when it is already controlled by the Council as part of the public road corridor. Control must be obtained through an agreement, in accordance with Section 75 of the Town and Country Planning (Scotland) Act 1997 to ensure that the visibility splay remains free of obstruction in perpetuity. Paragraph 3.1.2: Private Access (a) Access Criteria Additional Text For further detail, including sightline requirements, please refer to Section 4: Small Housing Developments (for use for 1 to 5 dwellings). (C) Individual Dwellings Additional Text It should be noted that where a vehicular dropped footway crossing is required, the footway level must be re-profiled over its full width, or in the case of very wide footways over a minimum width of 2.0m. This prevents an excessively steep lateral gradient and slipping risk. See Figures A1a, A1b and A1c below. Note, where the dropped kerbs are also being used as a pedestrian crossing point the upstand shall be reduced to no more than 0mm.
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12 (D) Access Layouts Replacement Text Access layouts shown in Figures A2a and A2b.
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13 Paragraph 3.1.3: Design Details (A) Minimum Traffic Lane Widths Replace “The design parameters to be utilised for each type of road within the road hierarchy are given in Table 3 on the following page.” With: Replacement The design parameters to be utilised for each type of road within the road hierarchy are given in Tables A3 and A4 below: Table A3 – Urban Road Link Geometry Road Type Design Speed (kph) Gradients Vertical Curves K Values Minimum (%) Maximum (%) Minimum Crest Minimum Sag Strategic Route DMRB DMRB DMRB DMRB DMRB Main Distributor DMRB DMRB DMRB DMRB DMRB Local Distributor (1) 60 (for 40mph limit) 1 6 17 13 Local Distributor (2) 50 (for 30mph limit) 1 6 10 9 Industrial Access Road 32 (unless bus route) 1 6 10 9 Main Residential Street 32 (unless bus route) 1 6 6 6 Minor Residential Street, Home Zone and Cul-de-sac 32 (max.) 1 6 POA POA Table A4 – Rural Road Link Geometry Road Type Design Speed (kph) Gradients Vertical Curves K Values Minimum (%) Maximum (%) Minimum Crest Minimum Sag A-class DMRB DMRB DMRB DMRB DMRB B-class 85 1 6 55 20 C-class 60 1 6 17 13 Unclassified 60 1 6 17 13 Single Track Access Road 60 1 6 POA POA
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14 Notes to Tables A3 & A4 1. Verge, footways or service strips to be 2m minimum on both sides of the carriageway. 2. Roads intended for use by buses are subject to a maximum gradient of 6% 3. Roads constructed with modular surfacing are subject to a minimum gradient of 1.25% and a maximum of 5%. 4. In a rural setting private accesses should not be constructed within 90 metres of a road junction or within 25 metres of an existing private access. 5. Speed limits may be amended locally dependent on traffic flows and mean speeds. (D) Gradients and Crossfalls Under “Maximum Gradients” Additional Gradients Maximum gradients should comply with Tables A3 and A4. Any departure from this standard must be agreed in writing by the Roads Authority. In no circumstances shall a gradient be greater than 10%. Under “Junctions”: Replacement The maximum gradient rising or falling on the final approach of a minor roads at the junction shall be limited to 5% for at least 12 metres from the interface with the major road. Under “Vertical Curve Length” Replacement The length of a vertical curve is based on the difference in gradient multiplied by the factor K. Refer to Tables A3 & A4 for the appropriate K value. (G) Provision for Public Transport Under “Bus Stop Provision” Following “Good public transport provision should be available at the initial phase of any new development, either by linking to existing networks or by establishing new routes and should therefore be discussed with local transport operators and the Local Authority’s Transportation manager at an early stage.” Additional Text In rural areas it may be necessary for the developer to provide hard standing areas to support bus pick up/drop off points. Consultation with the local Traffic & Development Officer at an early stage is recommended.
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15 Additional Text (h) Industrial Estates General Principles 1. Industrial developments shall be served by a road that requires Road Construction Consents. Industrial access roads shall be designed to incorporate HGV and Bus traffic. The applicant should be aware that the Roads Authority may require some form of financial security (normally a road bond) to be provided in relation to any prospective adoptable industrial estate roads; or where significant improvements to the external public road network are being carried out to make the development feasible or acceptable to the Roads Authority. 2. The Road Authority will not normally adopt industrial estate roads. Where the road is to be adopted this will normally be restricted to the main distributor road and any turning areas. Service roads will not be considered for adoption. Road Construction Consents (RCC) shall follow the normal process as detailed in the NRDG, Section 2.4 Applying for Construction Consent. 3. An industrial estate road provides frontage or service access to industrial and commercial premises. 4. Where service bays or areas associated with industrial or commercial developments are contiguous with the public road, agreement must be reached with the Roads Authority as to whether they are to be adopted or not. There must be clear markings delineating private areas; these should be of permanent form and require regular maintenance, i.e. not be road markings. Design Requirements 1. The alignment of an Industrial Estate Road will largely depend on its length but a formal design speed is still considered appropriate for assessing curve radii and visibility. The normal maximum speed limit will be 30mph. If the proposed estate road will form a part of a bus route then consideration will be given to speed reductions. Note that a 30mph speed limit equates to a 60kph design speed. 2. The carriageway should be a minimum width of 7.3 metres, but it may be acceptable to reduce this to 6.0 metres where commercial vehicle activity is likely to be limited, for example a small unit development or where there is one-way working. Any variance of carriageway widths are subject to approval by the Roads Authority.
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16 3. A minimum 2 metre wide footway shall be provided on both sides of the road, which will be increased to at least 3.0 metres minimum if shared footway/cycleway are provided. The footway or footway/cycleway shall be separate from the carriageway by a 2 metre verge preferably. Where the verge is located at the rear of the footway or footway/cycleway then a separation strip of no less than 0.6 metre width shall be required for a segregation strip. The segregation strip shall be formed of such materials to clearly show delineation from footway or footway/cycleway area. Localised widening of footway/cycleway may be required in the vicinity of bus stops. 4. Depending on levels of movements and also any surrounding pedestrian/cycle network, there may be a requirement for pedestrian crossing facilities. Bus services (new or enhancement) and public transport infrastructure may also be required. 5. Where direct frontage access is permitted on to the adopted road network, turning facilities in-curtilage shall be provided within the development. This is to ensure vehicles enter and exit the site in forward gear and no reversing is carried out within the adopted road network. 6. Carriageway design shall be to DMRB. Rigid pavement construction will not normally be accepted although this may be varied for individual accesses which will remain private. 7. Industrial Estate Roads and Access Roads shall be designed to remove reversing manoeuvres within the road network, including when exiting or entering the road network from properties. This may require industrial estate roads to be designed as through routes (loops) or with a turning area at the end of a road. Example of turning layouts can be found in Figure A3. Industrial estate roads should be designed to cater for 15.5 metre articulated vehicles or 11 metre rigid vehicles as a minimum. Swept path analysis will be required to prove that proposed layouts work. 8. Notwithstanding the above paragraphs, it is acknowledged that each industrial estate may require consideration on its own merits. Table A5 – Industrial roads link geometry Parameters Industrial Estate Road Design Speed (kph) (bus route may require a reduction) 60 Stopping sight distance (m) at interface with major road 90 Carriageway Width (m) 7.3 Footway Width (m) 2.0 minimum Verge Width (m) 2.0 minimum Gradients Minimum (%) 0.8 Maximum (%) 8
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17 Vertical Curves K Values Minimum Crest 17 Minimum Sag 13 Horizontal Radius Desirable Min. (m) 180 Absolute minimum – with c’way widening or overrun areas at corners *see Table A6 below 90 In-curtilage turning (see also Figure xx re turning areas) Desirable Frontage Access Yes On-street lay-by for parking or loading/unloading Generally no but if permitted the area will not be adopted. Junction from local distributor to industrial access road Minimum spacing on road between junctions on same side (m) 100 Minimum spacing on road between junctions on opposite side (m) 50 Junction form industrial access road to access road Minimum spacing on road between junctions on same side (m) 50 Minimum spacing on road between junctions on opposite side (m) 25 Visibility splays at junctions SSD “y” distance (m) within ind. est. 42 Setback “x” distance (m) 4.5 Minimum radii (m) 15 Table A6 – Industrial roads curve widening Centreline Curve Radius (metres) Industrial Estate Road 90 8.5 150 7.9 180 7.3
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19 Parking Requirements 1. On street parking will not normally be acceptable. Off-street parking shall be designed in such a way as to prevent queues forming on the adopted road network. 2. Parking for each site must take into account the following types of parking: a. Operational – for service vehicles and staff parking who require to use their vehicle as part of their day to day activities. b. Commuter parking – for staff who drive to and from work. c. Visitor parking – for customer and other visitors. 3. Parking areas may be required to include landscaping and other measures to mitigate against vast open, unattractive areas. This will be advised by planning guidance. 4. Parking areas will, however, create additional surface water and this will need to comply with SUDS and other water management regulation. Surface water generated out with the public road network will not be permitted to discharge into public road surface water drainage system. 5. Suitable segregation between vehicles and pedestrians must be maintained in parking areas. Table A7 - Industrial Units Parking Requirements Reference to m2 is to gross floor area A&B Roads minimum** Wholesale Warehouses 1.1 Space per 100m2 Storage or distribution 4 spaces per 100m2 General Industrial 2 spaces per 100m2 Disabled parking (retail / leisure / recreation) 3 spaces or 6% up to 200 space car park or 4 spaces or 4% in car parks with greater than 200 spaces Disabled parking (places of employment) 1 space per disabled employee plus 2 spaces or 5% (whichever is greater in car parks with up to 200 spaces; or 6 spaces plus 2% in car parks over 200 spaces. Cycle provision 1 cycle space per 8 standard bays for sole use by bicycles ** Round up to nearest full number
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20 Additional Text (i) Housing Courts (serve up to 20 dwellings) 1. A Housing Court is similar in concept to a car park with a shared surface finish for joint pedestrian and vehicular use. The associated dwellings are located around the court. A Housing Court will not be adopted by the Roads Authority. 2. The Court will provide parking spaces relative to the number of dwellings, up to a maximum of 20 dwellings, and no point within the court should be more than 40 metres from the access point. 3. The access road to a Housing Court must be a minimum of 5.5 metres wide over the first 10 metres. A strong physical definition must be provided to indicate the nature of the layout to the driver and that it is a private area. 4. Where a Housing Court is provided at the end of a Housing Road cul-de-sac, a separate turning head must be provided to ensure that drivers do not need to enter the Court in order to turn. Figure N1: Indicative housing court layout 5. Provision must be made within a Housing Court for servicing where there is a servicing provision, including postal deliveries. The service vehicle must be able to enter and leave in a forward gear at all times. 6. Refuse collection must be arranged so that communal or centralised waste collection is provided adjacent to the public road. Underground refuse storage facilities may be considered as appropriate.
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21 7. Statutory Undertakers should be encouraged to use any footways or landscaped areas outwith the Housing Court, otherwise a wayleave agreement will have to be reached with the house owners to allow access to apparatus. 8. As these Housing Courts will not be adopted by the roads authority, all lighting must be provided and maintained by the developer. Paragraph 3.1.4: Pedestrians and Cyclists (B) Pedestrian Provision Under “Width of New Footways Additional Text The minimum acceptable footway width shall be no less than 2 metres in normal circumstances. Where the local environment is constrained such that a 2 metre footway is not feasible, the roads authority may consider a reduction in width to 1.5 metres. This will be subject to local conditions including, for example, vehicular traffic volume, pedestrian volume and the hierarchy of road. Under “Obstacle in Pedestrian Desire Line” Additional Text Relaxations may be permitted depending upon local conditions. Where the obstacle is a free standing sign (e.g. A-Board, Barrel sign etc.) the minimum footway widths must be maintained in accordance with the Councils Advertising & Signage Policy and its associated application processes. Under “Steps or Ramps on Footway” Following “Steps should have 0.3 metre permanently nonslip treads and a minimum clear width of 1.4 metres” Additional Text Steps shall be formed with a material approved by the Roads Authority. Under “Disabled Access to Buildings” Additional Text Disabled access to buildings will not form part of the adopted road.
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22 Paragraph 3.15: Servicing (G) Refuse Collection Additional Text The Councils preferred refuse collection model is through communal or centralised waste collection where appropriate. Consideration may also be given underground refuse storage facilities. Bin collection points or facilities must not be more than 30 metres from the relevant residence. The bin storage facilities must be within 10 metres of the proposed vehicle collection. Where the development is mixed (e.g. commercial and residential) separate waste facilities must be provided. Reversing manoeuvres must be designed out as far as reasonably practicable. Where this cannot be achieved then reversing distance must be kept to a maximum of 10 metres. Paragraph 3.1.6: Statutory Undertaker Services (K) Planting and Service Strips Replacement Text No structures, walls, fences, or planting (other than low maintenance fauna as agreed with the Roads Authority) are permitted to be located within the service strips. In general the Roads Authority will not permit any planting within the proposed roads corridor and will not adopt any maintenance or ownership of planting (other than grass verges). This stipulation may be waived if the planting forms part of a SUDS design, however, note that the adopted road corridor shall not be artificially widened to accommodate SUDS. In addition to this, the Roads Authority will not normally adopt SUDS or other drainage installed in private land. If cases where the SUDS or other drainage schemes in private land are adopted by the local authority, these must provide safe vehicular access for maintenance and appropriate servitude rights in perpetuity. (L) Road Opening Consultation and Consents Following “…must be obtained from the Road Authority before any excavation is undertaken in a public road” Additional Text Windfarm developers in particular should ensure that discussions regarding national grid connections and cable routing are undertaken early in the design process and
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23 are ideally run in parallel with the Planning and Road Construction Consent process. (M) Provision of EV Charger facilities Additional Text Ducting for future provision of EV chargers or charging shall be provided, where appropriate, to the scale of the development and to the satisfaction of the Roads Authority. Paragraph 3.1.7: Rural Areas (C) Road Widths Under “Developing on Existing Roads” Following “Note this requires statutory consents such as a Section 56 Roads (Scotland) Act 1984." Additional Text It should be noted that widening or increasing traffic volumes on existing roads can present significant issues if structures are affected, in such cases the application shall be the subject to the Technical Approval process as outlined in Section 3.8 of this document. Under “Speed Visibility Relationship” Replacement Text Replace Tables 8 & 9 in the NRDG with Tables A1 & A2 contained in this document. Paragraph 3.1.9: Additional Considerations After “(d) Fire Fighting”, add Additional Text (e) Windows, doors and gates Where the building line is at or near the road corridor (verge, footway or carriageway etc.) any windows and doors facing the road must open inwards. Gates on the boundary of the public road should open away from the road corridor. (f) Carriageway Edge Restraint In general, it is expected that developments within urban areas will include carriageway edge restraint (normally pre-cast concrete kerbing), however; rural developments, including any improvements to the existing public road are, are not
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24 always subject to the same requirements. This section sets out the reasons for utilising edge restraint in a rural environment: Edge restraint supports the carriageway structure and prevents edge deformation and ”spreading” The use of kerbing, or other agreed measures, acts as a demarcation between vehicular traffic and pedestrians of rural footways or verges; Where an upstand is provided the kerb acts as a check to prevent vehicles leaving the carriageway; Again, using an upstand allows a channel to be formed at the interface between the kerb and carriageway edge which allows surface water to be effectively drained. Paragraph 3.4.1: Geotechnical Considerations (b) Supporting Technical Documentation Following “Where it is proposed to locate a road over land previously used for industrial purposes or waste disposal, it is essential that chemical analysis and gas monitoring information is submitted in addition to standard laboratory testing to BS 5930: 1999 and BS 1377: 1990.” Additional Text Current technical standards for ground investigation and testing are to be used. Following (g) CBR Additional Text (h) Slope Stability Where there are soil slopes within influencing distance above or below the roads, footpaths or verge slope stability analyses will be required. (i) Embankment and Fill Embankments and areas of up fill may require to be monitored over a period of time to demonstrate that settlement is complete before adoption. Paragraph 3.4.4: Carriageway Construction (a) Pavements Replacement Text Carriageway Pavement design should be in accordance with the Design Manual for Roads and Bridges. This requires details of the ground bearing capacity and the traffic type and volumes to be identified to arrive at a suitable load spreading pavement. A composite construction may be acceptable providing agreement with the road authority is sought in advance.
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25 BS 7533 for block paving and the additional qualifications and exceptions listed here. Capping Layer Where the CBR value is less or equal to 5%, a capping layer is required as per Figure 29. NB: The design California Bearing Ratio (CBR) should be obtained either by testing or by measurement of the plasticity index of the subgrade material. In the case of CBR testing, the method described in the laboratory test in accordance with BS 1377-4:1990, clause 7 should be used and is only relevant in natural soils and cannot be used for pavement design in fill materials. By their nature fills are random and highly variable in density and CBR testing in them only assesses the quality of the material at the locus of the test. Therefore for pavement construction on fill materials, unless the fill material is equivalent to or better than the specified capping material, a full capping layer is required. Frost Susceptibility It is possible for roads designed to have a total bituminous thickness of 170 mm and, with a CBR value < or + to 2%, a 150 mm sub-base and 600 capping layer. In such circumstances the upper 130 mm of the capping layer should be non frost- susceptible. In practical terms this effectively means that the sub-base becomes 280 mm with a capping layer of 470 mm. For a 2%<CBR<or+5% where the total bituminous thickness and sub-base thickness together are less than 450 mm the same principle applies (ie the sub-base is increased to achieve 450 mm of non frost susceptible material and the capping layer can be correspondingly reduced). This need not be done if the capping layer is non frost-susceptible. Increased Capping Layer Thickness Although Table 10.1 gives various thicknesses of capping layer dependent upon CBR, where CBR is significantly below 2%, these thicknesses may require to be
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26 increased dependent upon site and weather conditions prevailing at the time of construction. This requirement will be accompanied by an additional CC8 Engineers report to certify the design. Additional material may require to be removed and replaced by more suitable material. Although the new material may be of good quality, the subgrade shall be assumed to be equivalent to one of a CBR just under 2% and requiring 600 mm of capping layer. The developer should consult the Roads Authority for advice in these circumstances. Formation on Rock Where the formation is on rock, the granular sub-base will act as a 150 mm depth regulating layer. Carriageway Construction Where suitable technical facilities exist it is recommended that the specific circumstances of each site are catered for by designing the road in accordance with the criteria stipulated above, subject to a minimum construction as required to carry 0.5 Million Standard Axles (MSA), for all roads. In this circumstance it will be necessary to complete and return form CC8 ‘Carriageway Design Certificate (d) Clay, Natural Stone or Block Paving Pavements Additional Text Unless otherwise agreed with the Roads Authority, adopted or prospective adopted carriageways and shared surfaces shall be bituminous material. Where the Roads Authority considers that block paving may be appropriate the following restrictions will apply: i. In carriageways or shared surfaces Clay Pavers shall not be permitted for use. ii. Concrete Block Pavers may be considered for use in these areas but must have a minimum depth of 100mm. iii. Permeable block pavers will not be accepted by the Roads Authority. iv. The bedding layer must be drained but shall not be used for storage of surface water. v. The use of block paving is restricted to development with a maximum of 20 dwellings. vi. The use of block paving will also take into consideration the long term maintenance liability in recognition of declining roads maintenance budgets. Paragraph 3.4:7: Kerbs and Edging (a) Materials / Construction Replacement Text All carriageways, footways and footpaths should be provided with precast concrete kerb or edging. Alternatively and with the approval of Argyll & Bute Council natural stone kerbs may be acceptable.
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27 On conventional roads, kerbs should be set 125mm above finished carriageway level at the channel, except at pedestrian and vehicular crossings where this dimension is reduced to 0mm maximum and 10mm maximum respectively. Edging at heel of footways should be 50mm upstand whereas footpaths it should be set flush with the walking surface. On shared surfaces, an upstand of 20mm, with a suitably contrasted colour, should normally be provided, except at junctions with footpaths and private accesses where kerbs should be set at 10mm upstand for vehicles or 0mm for pedestrians A delineation kerbline at the rear of the verge may be required to identify the extent of the adopted road corridor. (b) Remote Areas (not contiguous with the carriageway) Replacement Text In remote areas, and with the agreement of Argyll & Bute Council, cycleways may be constructed without kerb edgings, where the sub base is laid 500mm wider than the surfacing to provide shoulders. Paragraph 3.4:8: Accesses Replacement (a) Driveways Vehicular access crossings of footways for individual dwellings should comply with Figure A1a of this document and be constructed as per NRDG Paragraph 3.4.6. Future maintenance requirements preclude the use of slab footway construction for vehicle crossings. Replacement (b) Other Access Details Where vehicular access, other than individual dwellings, is taken then Figures A2a and A2b shall be used and accesses shall be constructed in bituminous material unless otherwise agreed with the Roads Authority. Note: i. Subject to agreement by the Roads Authority, an absolute minimum access width may be reduced to 3.6 metres. Wider accesses may be required dependent on function and environment. ii. Radii at the interface with the public road may be required to be reduced to assist in controlling vehicle speed. (c) Pedestrian Access/Crossings Replace paragraph “Figure 32 details the requirement for dropped kerbs where pedestrian routes cross the carriageway from adjacent footways, e.g. at T-junctions and pelican crossings. Pedestrian crossings of a carriageway with an adjacent grass verge should comply with Figure 31 except that the dropped kerb should be
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28 set flush, or not more than 6mm upstand, with the carriageway and extend for a minimum length of 1.8 metres.”, with: Replacement Text Figure A4 details the requirement for dropped kerbs where pedestrian routes cross the carriageway from adjacent footways. Pedestrian crossings of a carriageway with an adjacent grass verge should comply with Figure A1c except that the dropped kerb should be set at no greater than a 5mm upstand with the carriageway and extend for a minimum length of 1.8 metres. Paragraph 3.4:9: Road Drainage and SUDS (a) Specification Best Management Practices Sustainable Urban Drainage Systems Following “The final design of the drainage system must be to the satisfaction and meet the requirements of the local Roads Authority, the appropriate Water Authority and Scottish Environmental Protection Agency (SEPA) Additional Text Contact Argyll & Bute Council’s Flood Risk Management section who will provide on request a copy of the Council’s Sustainable Drainage Systems (SUDS) Design Criteria Guidance Note.
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29 (b) Gully Spacing Following “Advice on these matters should be sought from the local Roads Authority who should be consulted at an early stage by a developer wishing to carry out a full drainage design.” Additional Text It should be noted that Argyll & Bute Council require double gullies to be installed with independent tails at low points of any sags, traffic calming features and at turning areas / termination points on public roads. In regard to the gradients set out in Table 10 of the NRDG, note that minimum gradients should reflect those stated in Tables A3 & A4 of this document. Replacement Figure 33 Road Gullies replaced with Figure 33a Road Gullies, below.
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30 Under Figure 34 Chamber Construction
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31 Additional Text A polymer modified mortar shall be used for all brickwork and bedding of covers and frames. (h) Chambers Replacement Chambers should be constructed in accordance with Clause 507 of the Specification. Manhole covers and frames shall be non-rock and comply with BS EN 124 and be Class D400 (minimum clear opening 600 mm dia or equivalent, minimum depth of frame 100 mm) except in non-contiguous car parks or verges where the use of Class B125 (minimum clear opening 600 mm dia or equivalent, minimum depth of frame 100 mm) may be permissible. Paragraph 3.4:10: Landscape Treatment (a) General Issues Additional Text It should be noted that Argyll & Bute Council will generally not adopt landscaped areas within development sites. These should be subject to formal factoring arrangements. We will however, adopt grassed service strips and landscaping associated with A&B Council’s adopted SUDS features. Paragraph 3.4.11 Lighting Design (c) Network Manager Additional Text A system of street lighting may not be required in every setting, for example with rural locations. Prior to commencing lighting design, early engagement is encouraged with the local Traffic & Development Officers to ascertain the general requirements or otherwise. Paragraph 3.5: Parking Considerations Additional Text Argyll and Bute Council has a maximum parking standard, as outlined in the LDP, however, given the need to take account of parking issues in rural or semi-rural areas it also has minimum parking standards which are detailed in Table A8 below. 1. Where a proposed development is not specified within Table A8, the Roads Authority will select the nearest type of land use as a basis for assessing parking requirements. 2. Each car parking space must measure no less than 2.5 metres by 5 metres.
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32 3. Parking layouts must include circulation aisles with a minimum width of 6 metres. 4. Assessments for the required number of spaces, based on Table A8 below, must be rounded up to the nearest whole number. 5. Where the Roads Authority considers it appropriate there may be a requirement to provide suitable cycle storage facilities. 6. Within town centres, parking requirements may be reduced where there is good public transport provision. Table A8 – Car Parking Standards Car Parking Standards Reference to m2 is to Gross Floor Area Argyll and Bute Minimum Parking Standard Retailing (food) (Use Class 1) 1000m2 upwards 1 space per 25m2 Retailing (non-food) (Use Class 1) 1000m2 upwards 1 space per 30m2 Wholesale Warehouses 1.1 space per 100m2 Business (Use Class 4) 1 space per 50 m2 Cinemas (Use Class 11 (a)) 1 space per 10 seats Conference Facilities 1 space per 10 seats Stadia n/a Leisure (other than Cinemas and Stadia 1 space per 22 m2 Hotels and Hostels 1 space per 3 staff plus 1.2 spaces per room Bed and Breakfasts Housing Standards plus 1 space per letting room Higher and Further Education 1 space per 2 staff plus 1 space per 15 students Schools 1 space per staff member plus 1 space per 25 pupils. Provision must also be made for school transport (buses etc.) as appropriate. Storage and Distribution 4 spaces per 100 m2 General Industrial 2 spaces per 100m2 Open Air Markets 1 space per 50m2 site area Restaurants (Use Class 3) Hot Food Takeaways and Public Houses 2 spaces per 22m2 Housing (Use Class 9) and Flatted Dwellings 1 space per 1 bedroom unit 2 spaces per 2-3 bedroom unit
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33 3 spaces per 4 or more bedroom units Visitor parking 0.25 spaces per unit Residential Institutions: Homes Sheltered Housing 1 space per 2 staff plus 1 space per 4 units/bedrooms 1 space per warden plus 0.5 to 0.8 spaces per dwelling Town Centre: Housing (Use Class 9) (all Scales) and Flatted Dwellings (over 5 units) 0.5 spaces per unit Hospital 1 space per doctor; 1 space per 3 staff plus 1 space per 3 beds; Day clinics and out patients 3 spaces per 100m2 Non Residential Institutions 1 space per 2 staff plus 3 spaces per 100m2 Houses of Worship 1 space per 10 seats Crematoria 1 space per seat Disabled Car Parking Provision Minimum standards (retail, leisure and recreation):- 3 spaces or 6% (whatever is greater) in car parks with up to 200 spaces; or 4 spaces plus 4% in car parks with more than 200 spaces. Places of employment:- 1 space per disabled employee plus 2 spaces or 5% (whichever is greater in car parks with up to 200 spaces; or 6 spaces plus 2% in car parks over 200 spaces. Paragraph 3.5.11: Provision for Disabled Parking Replacement The requirements detail within the table included under this section of the NRDG is replaced by the parking provision detailed in Table A8 of this document.
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34 Paragraph 3.6.2: Vehicles (b) Layout of Parking Areas Additional Figure & Table For two way flows, minimum aisle width is 5m. Table A9 Permitted Dimension Variations for Fig.A5 Aisle Width (m) Bay Width (m) 6 2.5 5.5 2.5 5.3 2.75 5.0 2.8 4.8 2.9 4.5 2.95 4.0 3.1 3.5 3.2 Paragraph 3.6.3: Disabled Parking Design (c) Disabled Parking Design Consideration Additional Text For on-street disabled parking spaces the Traffic Signs Regulations and General Directions 2016 shall be used.
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35 Paragraph 3.6.4: Residential Parking Design Applies to sub-paragraphs a to e Additional Text Refer to Table A8 Car Parking Standards The LDP sets out circumstances where zero parking provision may be acceptable. Any variations to the parking standards must be evidence based and subject to approval. (f) Garage Provision and Size Additional Text Integral garages will not be counted towards parking provision. Free standing garages of at least 6m x 3m within 30m of the dwelling can be counted unless there is a site specific reason not to. Car ports will generally be counted as spaces. Paragraph 3.7: Parking Standards for Use Classes Replacement Text Argyll and Bute Councils parking standards are detailed in para 3.5 and Table A8 of this document. Any variations to the parking standards must be evidence based and subject to approval. Paragraph 3.8: Structures Technical Approval Replacement Text Structures Technical Approval Requirements All structural design and assessment shall be subject to the Technical Approval procedures outlined in CG300; Technical approval of highway structures of the DMRB. Argyll and Bute Council are the Technical Approval Authority (TAA) for all road structures and pedestrian footbridges that are the responsibility of Argyll and Bute Council (independent of maintenance responsibility). Whilst the scope of CG300 and CD622 fully apply, Structures requiring technical approval are summarised below: All road retaining structures with an effective retained height of greater than or equal to 1.0m require technical approval in accordance with CG300.
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36 All culverts and bridges with a clear span or internal diameter greater than 0.9 m in diameter require technical approval in accordance with CG300. Any geotechnical works (i.e. embankments) “which may pose a risk to the general public, Argyll and Bute Council and/or Argyll and Bute Council’s asset” require Technical Approval in accordance with CD622. It is highly recommended that early involvement with Argyll and Bute Council’s Structures team is established for all schemes involving the above at structures@argyll-bute.gov.uk
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37 3.0 Development Contributions 3.1There may be applications where a development proposal is deemed acceptable but is unable to proceed due to either deficiencies in roads infrastructure or that the development may impact roads infrastructure (including impact on traffic flow, public transport etc.) in the wider context of the area. In such cases, the Council, as Roads Authority, may require the developer to either carry out improvement works as required or, by agreement, to provide cash sums to allow the Council to carry out the works at its discretion. 3.2 Further to paragraph 3.1, the Roads Authority may request that sums are commuted for schemes which have a potential high cost future maintenance, for example complex SUDS, remote cycle paths or schemes with block paving as the running surface of the carriageway. Typically commuted sums would take into consideration the estimated maintenance costs for an appropriate period of time post-adoption to ensure such matters are appropriately addressed. 3.3 The main legislation where agreements may be made are governed by the Town and Country Planning Act 1997, as amended, Section 75, the Local Government (Scotland) Act 1973 Section 69 and the Roads (Scotland) Act 1984 Section 48. There are other legislation and regulations which may be used if considered appropriate. 3.4 The Planning (Scotland) Act 2019 may provide further powers under s54 to create an infrastructure levy through subsequent Regulations. This matter will require to be considered as any Regulations are introduced. 3.5 While s75 agreements would be related to any grant of Planning Permission; s69 would require to be settled prior to the release of Planning Permission. Section 96 agreements may form part of the RCC process, particularly if the risk is linked to the construction phase, but should be highlighted within the Roads comments during the planning application process. 3.6 Any Section 75 agreements will require to accord with the advice set out in the Scottish Government Circular 3/2012 - Planning Obligations and Good Neighbour Agreements. 3.7 A typical legal agreement will include articles including but limited to the following: the parties to the agreement; e.g. the Council, Applicant, etc.; the development to which the Legal Agreement relates; the contributions requiring to be paid; when the contribution is required to be paid i.e. settlement trigger point; whether the contribution should be paid in one or multiple instalments; the consequences should the contribution not be settled when agreed; the purpose for which the contribution will be spent or applied by ABC; the deadline by which the contribution will be spent or applied by ABC; the terms of contribution return if the scheme is withdrawn
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38 4.0 Small Housing Developments (for use for 1 to 5 dwellings) Introduction 4.1 This section provides guidance for developers seeking planning permission for small residential developments of 1 to 5 dwellings within the Argyll and Bute Council area. This includes that part of Argyll & Bute within the Loch Lomond and The Trossachs National Park. 4.2 Compliance with roads requirements and standards is only part of the planning process and in no way guarantees that a development will be granted planning approval. 4.3 The requirements laid out in this document apply to private accesses joining the public road. Private accesses are also referred to as private driveways. 4.4 Any retaining structures, adjacent to the public road, to be constructed as part of the development, must be designed in accordance with current good practice. A design certificate will be required. 4.5 Further consultation or information is available by contacting Network & Standards Officers, contact details are listed in Appendix 3 of this Technical Guidance document. 4.6 Where a proposed development takes access to the public road network onto a Trunk Road, contact should be made with the Trunk Roads Authority. Visibility Requirements 4.7 The provision of a new or improved access from a private access onto a public road must include adequate visibility. This is essential to enable drivers emerging from the private access to see and be seen by drivers proceeding along the public road. To achieve this, unobstructed visibility is needed within the shaded areas in Figures A10, A11, A12 & A13. These requirements are referred to as visibility splays and are defined by: the ‘y’ dimension measured along the near edge of the public road from the centre line of the private access, to both left and right; and the ‘x’ dimension measured from the edge of the public road along the centre line of the proposed access For clarity, the edge of the public road will be considered as the carriageway edge in most circumstances; the exception to this is where access is taken from a Strategic Road (as detailed in Appendix 4) where the edge of the public road shall be taken as the back of footway or verge (i.e. the curtilage of the property). The Roads Authority may use discretion where it considers it appropriate.
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39 Figure A10: Visibility Splays - Visibility is required over the shaded area shown in Figure A10 4.8 Where the access is on the outside of a bend, an additional area will be necessary to provide splays which are tangential to the road edge as shown on Figure A11. When accesses are located on bends a check must be made to ensure vehicle divers have adequate forward visibility, i.e. they are able to see approaching traffic on the public road to allow them to complete their manoeuvre safely. (Figure A13) Figure A11: Visibility Splays for Accesses on the Outside of Bends
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40 Figure A12: Visibility Splays for Accesses on Inside of Bends The normal requirements for visibility distances are set out below. X – distance (m) The ‘x’ – distance will normally be taken as 2.4m. Where considered appropriate by the Roads Authority, the following x-distances may be used: 4.5 metres for flows up to 3,000 v.p.d. 9.0 metre for flows in excess of 3,000 v.p.d. Y – distance (m) and Forward Sight Distance (m) The ‘y’ distance is based on a) the speed of the traffic on the public road, to ensure drivers can react in time to avoid a collision and b) the expected traffic flow on the public road, to avoid the need for traffic on the public road to slow down or stop in order to avoid a collision. The visibility envelope (vertical plane) shall be taken as1.05m (“driver’s eye”) to 0.6m above the carriageway. The “driver’s eye” may be increased to 2m for lorry drivers. For quiet roads, Table A1 should be used (repeated below for ease). For Strategic Routes and other routes carrying traffic volumes greater than 3000 vehicles per day (vpd), use Table A2 (repeated below for ease). See Appendix 4 for a list of Strategic Routes and those carrying higher volumes of traffic.
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41 Table A1 – Lightly Trafficked Roads Vehicle Speed (mph) 60 50 45 40 35 30 20 Y distance 136 103 84 75 53 42 25 Table A2 – Strategic and Heavily Trafficked Routes Vehicle Speed (mph) 60 50 45 40 35 30 20 Y distance 160 120 95 75 53 42 25 For Strategic Routes and other routes carrying traffic volumes greater than 3000 vpd, use figures in Table A2. Refer to Appendix 4 or a list of Strategic routes and higher traffic routes. 4.9 Traffic volumes are in vehicles per day (vpd) and refer to the total combined flow in both directions. 4.10 Where actual speed falls between the given values the y – distance may be interpolated by the Roads Authority. 4.11 The traffic speed to be used is the mean speed on the public road. This will be measured or estimated by the Roads Authority. 4.12 Applicants should note that they must either own or obtain control of the land contained within a visibility splay, except when it is already controlled by the Council as part of the public road corridor. Control must be obtained through an agreement, in accordance with Sect 75 of the Town and Country Planning (Scotland) Act 1997, to ensure that the visibility splay remains free of obstruction in perpetuity. Visibility on the Public Road 4.13 It will be necessary to check that forward visibility is not obscured. Vehicle drivers waiting to turn into private access should be able to see the road is clear before commencing the turning manoeuvre. Equally, following traffic must be able to see vehicles waiting to make a turning manoeuvre.
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42 Figure A13: Forward Visibility Splays 4.14 The area within visibility splays (both those beside the private road and those required for forward visibility) must be cleared of all obstructions to view, higher than 1050mm above the level of the adjacent carriageway. Minor departures from this requirement, such as the retention of a single slender pole or column, may be permitted as long as visibility is not materially affected. Visibility splays must be kept clear in perpetuity. 4.15 Visibility in a vertical plane must normally be provided from a driver’s eye height of 1.05 metre to an object height of 0.6 metre. For accesses taken from Strategic Routes the driver’s eye height of 1.05 metres to an object height of 0.26 metres above the carriageway may be used; Figure A14 below is provided for clarity. Figure A14 – envelope of visibility 4.16 The Roads Authority will not introduce or extend a speed limit simply to facilitate a new private access. Location of Accesses 4.17 The access should usually be located a minimum of 25 metres away from the nearest adjacent junction. However, a relaxation may be permitted depending on the local conditions. 4.18 Accesses for adjacent houses should generally be shared to avoid proliferation of accesses.
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43 Drainage 4.19 Drainage shall be provided where necessary to prevent water from the access flowing onto the public road. Similarly, when an access is being constructed the existing road drainage must either be maintained or an effective alternative provided, to the satisfaction of the Roads Authority. Layout of Access for Single or Paired Dwellings 4.20 Where the frontage of a development site consists of a footway parallel to the public road, accesses will be formed by lowering the kerbs and footway, in accordance with standard detail SD 08/ 005 Rev. B (see Appendix 5). 4.21 Where the speed limit is greater than 30 mph, any entrance gates should usually be sited at least 6 metres from the edge of the carriageway to allow an entering vehicle to stop clear of the carriageway when the gates are closed. Gates must be hung so that they do not open towards the carriageway. 4.22 Where the speed limit is 30mph or less, the gate must be hung so that they cannot open towards the footway, verge or carriageway. 4.23 The gradient of the access should not normally exceed 5% over the first 5 metres from the edge of the public road. The remainder of the access should not exceed a gradient of 12.5% .Steeper accesses can lead to problems with parking, traction in winter and control of drainage. 4.24 Where the access crosses a footway, it is important to have intervisibility between drivers and pedestrians, particularly small children. In these circumstances there should normally be visibility between a driver’s viewpoint (1.05m above carriageway level) 2.4 metres back in to the access to an object 0.6 metre above the footway and 2.4m on either side, along the back of the footway. Access Construction 4.25 The access shall be surfaced with a bituminous material for the first 5 metres from the edge of the carriageway or back of any local road widening; other material may be considered. Reference should be made the standard details in Appendix 5. For clarity, Unbound Roads (Type 1) shall not be accepted as an appropriate adoptable standard road. This remains the case even in circumstances where the road will not be adopted. 4.26 Standard detail SD 08/002 Rev. B (see Appendix 5) will normally be used where there are more than two new properties serviced from a single access off a double track road. 4.27 Standard detail SD 08/004 Rev. B (see Appendix 5) will normally be used where the access joins a single track road.
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44 4.28 Standard detail SD 08/005 Rev. B (see Appendix 5) shows an access across a footway. 4.29 Standard detail SD 08/006 Rev. B (see Appendix 5) shows a service bay and may be required by the Roads Authority on faster double track roads. 4.30 Road Opening Permits must be obtained before any work is carried out in forming accesses. 4.31 Accesses must be constructed in accordance with the Roads Authority specification; on satisfactory completion the area within the road corridor will become part of the public road. Parking Provision 4.32 Argyll and Bute Councils parking standards are detailed Table A8 of this document Any variations to the parking standards must be evidence based and subject to approval. 4.33 Each car parking space should normally measure no less than 2.5 metres by 5 metres. 4.34 Integral garages will not be counted towards parking provision. Free standing garages of at least 6m x 3m within 30m of the dwelling can be counted unless there is a site specific reason not to. Car ports will generally be counted as spaces. Private Accesses – Commensurate Improvements 4.35 Where there is an existing access serving a small number of properties it may be acceptable to allow additional properties to be constructed without the requirement for major upgrade works. The main principle behind any agreement by the Roads Authority will always be road safety. Example: 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. 4.36 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
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45 ask for a road to adoptable standard. 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. 4.37 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.
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46 5.0 Small Housing Developments (for use for 6 to 10 dwellings) The following clauses must be referred to by developers proposing to reduce standards for proposed developments between 6 to 10 dwellings. A. In normal circumstance the road must be constructed as per the normal processes outlined in Section 2 of this document or otherwise as per the National Roads Development Guide. An RCC will be required, and a Road Bond will be required as appropriate. B. Where there is a desire or requirement for the proposed road to be adopted but there are justifiable technical or planning reasons that wouldn’t allow fully compliant road infrastructure to be developed: i. A reduced road standard may be acceptable. ii. Any deviations from standard road construction must not compromise road safety. In this regard reduced visibility splays will not be acceptable. iii. Any other proposed departure from standards must be submitted to the Roads Authority for consideration. Early engagement is encouraged. iv. Any agreement to a departure from standard must take into consideration the local roads environment. v. Financial considerations will not be considered as a justifiable technical reason to vary standards. Note: an RCC will be required and a Road Bond will be required as appropriate. C. Where the developer does not wish the road to be adopted as the proposal is unable to meet the principles set out above, then the following may be acceptable, subject to agreement with the Planning Authority: i. As noted above, road safety must not be compromised, even where the proposed road is not to be adopted. ii. The access shall be surfaced with a bituminous material for the first 5 metres from the edge of the adopted carriageway or back of any local road widening. The construction depth shall be as per the detail below (construction may be revised subject to appropriate CBR values being met): iii. The first 10m shall be 5.5m wide at the junction, thereafter the width may be 3.7m with intervisible passing places. A turning area at or near the end of
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47 the road as per the details below must be provided. The maximum length of road shall not exceed 150 linear metres. iv. The remainder of the road can be a bound surface or other material as approved, however; Unbound Roads (Type 1) will not be accepted as an appropriate standard road. The depth of construction may vary dependent on local ground conditions. As a minimum, a typical construction detail should include 200mm Type 1 sub-base and 100mm of bituminous material. Planings may be used outwith the adopted road section. v. A service bay and communal bin storage area shall be provided at or near the access. Note, refuse collection vehicles shall not drive onto private roads and, therefore, not collect bins from individual properties on private roads. vi. In rural or semi-rural locations there may not be a requirement for a system of street lighting to be installed; however, note the following: a. If a lighting system is installed on a private road, the lighting shall also remain private and will not be maintained by the Roads Authority. b. A requirement to install suitable ducting at construction phase may be required even where no proposed system of street lighting is included in the design. This is allow future upgrades while minimising costs. vii. Parking provision shall be as per the detail set out in Section 2 of this document. viii. An RCC or similarly controlled document and associated Road Bond may be required. ix. Road Opening Permits must be obtained before any work is carried out in forming accesses at the public road interface. x. Arrangements must be made providing assurance that a maintenance agreement for the road will be included as a burden on the Title Deeds for each property in perpetuity.
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48 Note: Financial considerations will not be considered as a justifiable technical reason to vary standards. 6.0 Variation on Road Standards for Specific Islands 6.1 This section is only applicable to applications sited on the Islands of Colonsay, Coll, Tiree and Jura. The exceptions provided for within this section are made primarily due to the extreme difficulties in accessing hot material from mainland quarries. 6.2 The construction standard may be varied to allow concrete or unbound (Type 1) roads to be constructed. Other material types may be considered. 6.3 The provision of footways & verges may still apply. 6.4 Where the proposed road has a carriageway of less than 5.5m width, there may be a requirement for intervisible passing places. 6.5 This variation only applies up to a maximum of five dwellings served by a single access. Subject to approval by the Roads Authority, this may be extended to developments of up to 10 dwellings for new developments. 6.6 The road will remain private and will not be adopted onto the Public List of Roads. 6.7 The access shall be surfaced with a bound material for the first 5 metres from the edge of the carriageway or back of any local road widening. The access shall be formed as per the appropriate standard detail drawing (SD/08/004/Rev.B, refer to Appendix 5). 6.8 Road Opening Consent will be required. 6.9 Notwithstanding the above, it remains the preference of the Roads Authority that new roads are constructed in-line with normal adoptable standards and subsequently adopted onto the Public List of Roads.
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49 7.0 Guidance on the Adoption of Private Roads other than via the RCC Process 7.1 The adoption of a new road is covered elsewhere within this document and the decision to adopt or not is generally made at time of application through the Roads Construction Consent process. There are, however, a number of private roads - roads which have not been added to the Public List of Roads - within Argyll and Bute. The adoption policy for the latter is covered within the Policy set out in 2012 which can be found at https://www.argyll- bute.gov.uk/moderngov/ieListDocuments.aspx?CId=257&MId=5320&Ver=4 under Item 19. 7.2 There are specific legal requirements regarding the adoption of a private road onto the Council's List of public roads. These are: i. The Road must be a road as defined by the Roads (Scotland) Act 1984 Section 151. ii. In order for an application to be considered by the roads authority it must be supported by a majority of the frontagers (based on actual % of frontage not the number of frontagers) of the land along both sides of the road being offered for adoption. iii. The proposed road must meet Argyll and Bute Councils road adoption standards. 7.3 In general, the road adoption standard will be those set out in the National Roads Development Guide or their variations set out in this Technical Guidance, however, exemptions may be considered, for example street lighting may not be required depending on local environment, particularly in rural settings. 7.4 An application for road adoption must provide detail including: i. Existing road layout. ii. Proposed improvements to meet roads adoption standards including as a minimum (list not exhaustive): a. Drainage; b. Lighting; c. Roads width; d. Gradients e. Services; f. Extent of proposed adoption. iii. Evidence confirming those frontagers who support the application.
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50 8.0 Developments on existing Private Roads 8.1 While in most circumstances a new development of more than 5 dwellings will require to be served by a public road (i.e. an adopted road), there are occasions where a planning application will require the roads authority to consider further development from an existing private track or access road. 8.2 The Councils Local Development Guide, Supplementary Guidance TRAN4 provides guidance where this kind of development may be acceptable subject to the following clauses: i. the access is capable of commensurate improvements considered by the Roads Authority to be appropriate to the scale and nature of the proposed new development and that takes into account the current access issues (informed by an assessment of usage); AND the applicant can; ii. Secure ownership of the private road or access to allow for commensurate improvements to be made to the satisfaction of the Planning Authority; OR, iii. Demonstrate that an appropriate agreement has been concluded with the existing owner to allow for commensurate improvements to be made to the satisfaction of the Planning Authority. 8.3 Points (ii) and (iii) are for the Planning Authority to determine, this section deals with point (i) and the general minimum requirements which will be sought by the Roads Authority. These will normally be made in reference to road safety, sustainability, emergency and service access, economic feasibility (commensurate to the scale of the proposed development). 8.4 Unlike new developments there is no defined upper limit on the number of dwellings that may be served by an existing private access; each application will be considered on its own merits and principally based on environment, local context and predicted access requirements (for example, deliveries, and refuse collection). Where feasible, commensurate improvements may be required to allow further development. Where the required commensurate improvements are beyond what could be reasonably considered as appropriate to the scale of the development, the Roads consultee response must be a refusal. Road safety must not be compromised. 8.5 The following will be considered for any application to develop existing private access roads; note this is not an exhaustive list: i. Junction interface with the public road a. Access must be safe; b. Sightlines will be assessed on the posted speed limit, however; this may be reduced pending a traffic/speed survey and subject to suitably robust data on mean speeds; c. Formed bellmouth with radii appropriate to access requirements (e.g. deliveries); d. A service bay will, in most cases, be required.
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51 e. Where possible, the private access should be widened out to 5.5m for the first 10m. f. The access shall be surfaced with a bituminous material for the first 10 metres. g. In some cases, it may be necessary for the developer to carry out works on the public road along the frontage of the development, including carriageway widening works, footways etc. h. Junctions must be improved to ensure that no water, debris (mud, stone, gravel etc.), filth or any other offensive matter spills onto the public road. ii. Refuse collection / bin stores a. Where the private road has poor geometry or carriageway width it may not be appropriate or safe for refuse collection vehicles; b. It remains the Councils general position that RCVs will not use private access roads. c. The developer may be required to construct a bin store / collection point contiguous with the public road (via a service bay) for all properties served by the road. This may include existing dwellings. iii. Carriageway widths a. To accommodate access for service and delivery vehicles, carriageway widths should be no less than 3.5m b. In line with Fire Scotland and nation building standards guidelines, this carriageway width shall be widened out to 3.7m adjacent to low rise buildings, increasing to 4.5m where buildings are in excess of 9m high. This is to facilitate the deployment of firefighting equipment. iv. Gradients a. Must be no more than 5% over the first 10 metres from the edge of the public road; b. Away from the public road interface, maximum gradients must not exceed 8%. The gradient on the approach to the public road must also take cognisance of the horizontal alignment; further measures may be required to prevent runaway vehicles crossing onto the public road at speed, for example, introduce a series of measures to slow vehicles down on the approach to the public road. v. Drainage a. Positive surface water drainage and/or SUDS may be required; vi. General Road layout a. Where the private access interfaces with a single track adopted road network, it may be acceptable for the private road to also be single track. b. Where a. applies, there may be a requirement for localised widening, including corner widening, to ensure safe access for larger vehicles.
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52 c. Where this is the case, intervisible passing places will be required. Inclusive of the carriageway width, passing places at their widest point shall be no less than 5.5m wide. d. On single track private roads, intervisible passing places to be provided at 100 metre centres (maximum distance). vii. Turning head / areas; a. Turning arrangements appropriate to predicted use will be required to minimise or remove entirely reversing manoeuvres in the interest of road safety. viii. Dwelling accesses a. For new developments, no access shall be constructed within 25m of the junction with the public road network. b. Within the private road network, accesses should be located a minimum of 25 metres away from the nearest adjacent junction. ix. Other Road Safety: a. Where there are no footways then verges must be of sufficient quality to provide good, safe step-offs. b. The development may require to provide a walked route assessment or similar for the section of private road from the development to its interface with the public road. c. At the junction with the public road a safe pick up point / drop off point must be provided. 8.6 Arrangements must be made providing assurance that a maintenance agreement for the road will be included as a burden on the Title Deeds for each property in perpetuity. It may not be possible to apply this retrospectively to existing properties, where this is the case, the burden of the maintenance of the whole private road length must be placed on the new development. If this cannot be done, the Roads Consultee response must be a refusal. 8.7 Further to the above requirements, it may also be a requirement that servitude or wayleave arrangements are in place to allow access for public utilities. 8.8 The above requirements may be extrapolated to cover commercial and industrial developments. This may lead to increases in minimum standards; for example, an increased radii at the public road to incorporate swept paths for HGVs. 8.9 The Applicant will submit a plan providing detail of the proposed commensurate improvements for written approval by Roads, prior to the Planning Decision Notice being issued. The Roads consultee response will normally be deferred until agreement has been reached. 8.10 Drawings showing the junction (at the interface with the public road) sightlines within the site edged red. If the land is not under the Applicant’s control then a Section 75 Legal Agreement shall be required. 8.11 No work shall commence on site until all of the commensurate improvements have been carried out to the satisfaction of the Roads Authority.
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53 Glossary of Terms Adopted Road The extent of the road which is added to the Public List of Roads. For new roads this should be agreed at RCC stage. Carriageway Where the public right of way which includes use by vehicle. Cycleway Public right of passage by pedal cycle contiguous with the carriageway. Normally forms part of the adopted road corridor where the carriageway is adopted Cyclepath Public right of passage by pedal cycle which is remote from the carriageway. Normally not adopted. Footpath Public right of passage which is remote from the carriageway. Normally not adopted. Footway Public right of passage contiguous with the carriageway. Normally forms part of the adopted road corridor where the carriageway is adopted Frontage The length of land where the road corridor abuts neighbouring land, property or buildings. Frontager In relation to a road or proposed road, means the owner of any land fronting or abutting it. Frontage Access Where there is direct vehicular access from a property to an adopted road. Private Road Means any road other than a public road which the public may have a right of access over. Private Access An access which the public are not normally expected to have a right of access over. Proposed or prospective adopted road A road built under RCC which is expected to be adopted upon satisfactory completion; pending 12 month or other specified maintenance period. Public Road Means a road which a roads authority have a duty to maintain and which has been added to the Pubic List of Roads. Road Corridor The sum parts of the road; carriageway, footways, verges, ditches, structures or any other relevant item. Traffic Includes pedestrians, vehicles and animals. Verge Grassed margin contiguous with the carriageway or footways within the adopted road corridor.
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54 Appendix 1 – Calculation of Road Bond
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55 SCHEDULE OF ROAD CONSTRUCTION COSTS FOR ESTIMATING AMOUNT OF ROAD BOND 2020 Item Price (£) per 1m of road Remarks 7.3m 6.0m 5.5m 3.5m 2.0m Carriageway (flexible) Full Construction (Stages 1, 2 and 3) 1,049 885 812 518 - Stage Construction Stage 1: Construction up to and including sub- base, allowing for removal of up to 100mm unsuitable material and replacement with imported fill. Stages 2 and 3 only 920 751 691 440 - Stage 2: Construction from sub-base upwards including kerbs but excluding surface course. Stage 3 only 151 131 118 76 - Stage 3: Surface Course only. Shared Surface (Block Paving) - - 735 467 - Includes for removal of up to 50mm unsuitable material and replacement with imported fill. Soft Verge (grassed) - - - - 24 Footway (flexible) - - - - 221 Includes provision of heel kerb (1 no.) Footpath (flexible) Includes provision of edge kerbs (2 no.) Footway and Footpath prices include for removal of up to 50mm unsuitable material and replacement with imported fill. Increased widths to be calculated pro-rata. Lighting 76 72 72 72 72 Drainage Manhole depths not exceeding 1.5m Gullies at 20m ctrs 223 223 223 223 - Includes for manhole at 80m centres Gullies at 40m ctrs 172 172 172 172 - Includes for manhole at 120m centres. Turning “T” (flexible) Residential Dimensions 7471 Cost is for that area additional to the normal road width. It does not include footways and is a lump sum. (Block Paving) Residential Dimensions 8246 Turning “O” (flexible) Residential Dimensions 24067 7(Block Paving) Residential Dimensions 28528 Notes: 1. These figures already include an allowance for inflation over a three year period (the minimum duration of a construction consent). 2. The costs are based on the Council doing all the work. Obviously it is more costly to take over someone else’s job and complete it; to compensate for this the following procedure should be adopted: a. Add 25% where the estimated cost is less than £10,000; b. Add 15% where the estimated cost is between £10,000 and £25,000; c. Add 10% where the estimated cost is between £25,000 and £50,000. 3. Where the bond has to cover such items as major structures, or substantial amounts of excavation or fill, full details should be sent to Roads HQ who will carry out the estimate. Elaborate SUDS schemes will need to be considered in their own merit and should be priced individually.
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56 Appendix 2 – Roads Construction Consent Forms
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57 APPLICATION TO ROADS AUTHORITY FOR CONSTRUCTION CONSENT TO CONSTRUCT OR EXTEND A ROAD To be completed in accordance with the provisions of the Road & Infrastructure Services Roads Development Technical Guidance by any person wishing to construct or extend a road irrespective of whether or not it is to be subsequently maintained by the Roads Authority. 1 I/We (insert full name and address of applicant) Postcode apply under Section 21 of the Roads (Scotland) Act 1984 for Construction Consent for the (state nature of operation e.g. new construction or extension of existing road) at (insert address of site) of which I am/we* are (state interest in land, e.g. owner, tenant) all in conformity with the plans, detailed drawings and specification submitted herewith and doqueted and signed as relative hereto. 2 I/we* hereby declare that no other party has an interest in the land. The attached form CC2 details all other parties having an interest in the land* Signed (applicant) Name Date *delete as appropriate for office use only Reference number ………/……… Work commenced ………………………………….. Received ……………………………………… Work completed …………………………………….. Objections ……………………………………. Start of maintenance ………………………………… Objections cleared ……………………………. Adopted as public …………………………………… CC Granted …………………………………… CONSTRUCTION CONSENT APPLICATION CC1
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58 Reference number ………/…………….. for office use only DOCQUETS OF SERVICE 1 I/We certify that on (insert date) day of 20 a notice of the lodging of this application has been served by the applicant upon the undernoted proprietors being the owners of all lands or heritages fronting, abutting or comprehended in the proposed new road or extension of the existing road and further certify that such notice contained an intimation that plans and other relevant particulars could be examined at the office located at Postcode and that objections to the applicant should be lodged with the Roads Authority within Twenty-eight days from the date of the notice. Signed (Applicant of agent) Name Address Postcode Date List of proprietors referred to Name Address Docquets of ServiceCC2
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59 Reference number …………………….. for office use only 1 Notice for service on owner of land fronting, abutting or comprehended in new road or extension of existing road) Roads (Scotland) Act 1984 Notice under Section 21 (2) of application for Construction Consent Proposed Road Construction at a. Take notice that application is being made to b. by c. For construction consent to d. If you wish to make representations about the application you should make them in writing not later than e. To the Roads Authority f. Signed On behalf of Date a. Insert address or location of proposed road construction b. Insert name of authority c. Insert name of applicant d. Insert description of proposed road construction e. Insert date 28 days later than the date on which the notice is served f. Insert appropriate address at which the application is being lodged Notice of ServiceCC3
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60 Reference number …CC2/01………………….. CONSTRUCTION CONSENT TO CONSTRUCT OR EXTEND A ROAD Construction Consent by…Argyll & Bute Council (hereinafter referred to as ‘the Council’)…… as to the construction/extension of roads in connection with the proposed development, The Council, acting under and by virtue of Section 21 of the Roads (Scotland) Act 1984 hereby grant construction consent as follows The Council Grant authority to for roadworks in connection with in accordance with a. the plans submitted to and approved by the Council which plans are docqueted and signed by the Roads Authority as relative hereto b. the particulars set forth in the schedule annexed and signed as relative hereto and c. the relative provisions of the said Roads (Scotland) Act 1984, on the following conditions(s): i. All works are to be completed within a period of …3… years …0… months from the date of this Consent. ii. Construction of roads shall not be commenced until you have provided the Council with Security for an amount to meet the cost of constructing/completing the construction of the road(s) in accordance with the Construction Consent, in terms of the “security for Private Roadworks (Scotland) Regulations 1985. iii. All details, specifications etc., are to be in accordance with the Councils “Roads Development Technical Guidance” unless otherwise stated. Signed (on behalf of the Roads Authority) Date Schedule referred to Roads Description Development at Length CONSTRUCTION CONSENT CC4
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61 Reference number …………………….. for office use only AGREEMENT TO TAKE OVER FOOTPATH(S) ASSOCIATED WITH DEVELOPMENT (to be completed only in respect of footpath(s) which will subsequently be maintained by the Roads Authority) Agreement in terms of Section 18 of the Roads (Scotland) Act 1984 between 1 (hereinafter referred to as “the Council”) and 2 of 3 (herinafter referred to as “the developer”) Whereby the footpath(s) constructed by the Developer in accordance with Construction Consent number ……/…… Granted by the Council on 4 As set forth in the Schedule annexed and signed as relative hereto will, following their satisfactory completion, be added to the Council’s list of public roads. Provided that, should the developer fail to complete the said footpath(s) to the satisfaction of the Council within a period of 5 from the date of this Agreement, the Council may itself complete the footpath(s) and recover from the Developer such expenses as are reasonably incurred in so doing. Signed (on behalf of the Roads Authority) Date Signed (on behalf of the Roads Authority) Date Schedule referred to: Footpath Description (this may be done by reference to a plan) Length Notes 1. Insert name of authority 2. Insert name of applicant 3. Insert address of applicant 4. Insert date construction consent granted 5. Insert period for completion Footpath Agreement CC5
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62 APPLICATION BY A DEVELOPER FOR THE ADDITION OF ROAD(S) AND/OR FOOTPATH(S) TO THE ROADS AUTHORITY’S LIST OF PUBLIC ROADS I/We (insert name of applicant) of (insert name of applicant) apply 1* under section 16(2) of the Roads (Scotland) Act 1984, in respect of the road(s) listed in Schedule A annexed and constructed in accordance with Construction Consent number …/… Granted to me/us* on and/or 2* under section 18(1) of the roads (Scotland)( Act 1984, in respect of the footpath(s)* listed in Schedule B and the Agreement annexed and constructed and constructed in accordance with Agreement number FA/…./…. dated For the addition to the Roads Authority’s list of public roads of the said road(s)* and/or footpath(s)* all as shown in colour on the plan(2)* submitted herewith and docqueted and signed as relative hereto Signed (applicant) Date *delete as appropriate Schedule A referred to: Roads Description (this may be done by reference to a plan) Length Schedule B referred to: Footpath Description (this may be done by reference to a plan) Length for office use only Reference number CC/………/……… Adoption Inspection …………………………….. Received ……………………………………… Added to List ……………………………………. Adoption CertificateCC6
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63 Reference number …CC/3/1………………….. We, Name of Bank etc. Guarantee Finance CONSIDERING THAT Developer Has been granted Construction Consent Ref. …………………… no. dated . …………………… By the . …………………… (enter council name) (hereinafter referred to as the Council) as local Roads Authority in terms of Section 21 of the Roads (Scotland) Act, 1984 for the construction of a private road(s) or part thereof in connection with Development all as is more fully detailed in the said Construction Consent and the plans and Schedule relative thereto, considering further that the estimated cost of constructing the said private road(s) or part thereof in accordance with the said Construction Consent and others is Sum of Money And that the said (Developer) Has requested us to grant security for such sum to the said Council by means of a bond in terms of the Security for Private Roads Works (Scotland) Regulations 1985, do hereby as cautioners and sureties bind and oblige ourselves and our successors to pay to the said Council and its successors or assignees, on receiving from the said Council a demand in writing, such sum not exceeding Sum of Money Which the said Council states in the said demand to be the costs incurred by it in construction, or rectifying defects, in the said private roads(s) or part thereof in accordance with the Regulation 13 of the said 1985 Regulations: and we consent to the registration hereof for prevention and execution: IN WITNESS WHEREOF Road Bond CC7
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64 Instructions: Construction of private road(s) shall not commence until you have provided the Council with financial security for an amount of £………………………….. being sufficient to meet the cost of construction/completing the construction of the road(s) in accordance with the Construction Consent, in terms of the “Security for Private Roadworks (Scotland) Regulations 1985”. The Road Bond should be signed by an authorised signatory on behalf of the guarantor (who is normally the bank, building society or insurance society) and the signature should be witnessed by two witnesses. Please note that you should advise me of the date that the bond was signed. To enable you to lodge your security I enclose the following documents. a. One copy of form CC7 to be completed and returned to this office with your security. b. One copy of the “Cautionary Obligation” in favour of …………………………………… (enter council name). If you intend to lodge your security in the form of a bond you may use this document. c. One copy of “Directions for Signing Deeds” incorporating a signing schedule which you are required to complete and return with the bond. d. One copy of guidance notes for developers. Road Bond CC7
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65 Roads (Scotland) Act 1984 Security for Private Works (Scotland) Regulations 1985 Guidance notes for developers In terms of Section 17 of the Roads (Scotland) Act, 1984 and the Security for Private Roadworks (Scotland) Regulations 1985 (S.I. 2080) you, as a developer, are required to make financial provision with the Council, as Local Roads Authority in order to safeguard the completion of housing development roads which are the subject of a Construction Consent. Such Provision, as required by the Regulations, may be the form of a Road Bond or deposit and this will serve to protect prospective house purchasers from having to bring incomplete roads up to adoptable standards. You are unable to commence building works adjacent to any road permitted by a Construction Consent until you have met the requirements to the above regulations which came into effect on 1 April 1986. In terms of Regulation 6, the security shall be an amount to meet the cost of constructing or completing the construction of the said roads. Also to calculate the amount of that security by objecting estimating and negotiation. In terms of Regulation 5, that security shall be either a bond in favour of the Council or a cash deposit of a sum equating to that security. Such bond or deposit shall be lodged with the Council at the office where your construction consent was issued. In terms of Regulation 16, any person who carried out building works in contraction of these regulations, shall be guilty of an offence. It would, therefore, be in your interests to make early contact with the Roads Authority, who will be able to advise you fully on these procedures. Copies for form CC7 should be completed and returned with the security. Copies of the regulations are also available for inspection at the appropriate office. Road Bond CC7
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66 DIRECTIONS FOR SIGNING DEEDS Before signing please read carefully Every party to the deed must sign on the (insert page) ………….including the inventory and plan, if any, with his or her usual signature where his or her usual signature where his or her initials are marked in pencil. Each Witness to the execution of the deed required to sign on the (insert page) ……… at the pencil mark X, adding after his or her signature the word “Witness”. Two witnesses are required to the signature, of each party, but provided parties sign at the same time, the same persons may witness all the signatures and only require to sign once. The witnesses must be above fourteen years of age. They should know the parties which signatures they are witnessing personally or at last have credible information as to their identity. No person interested in the deed should act as a witness, and one spouse should not be a witness to signature of the other. The parties must not insert any blanks in the Deed. When the Deed is signed the subjoined Schedule should be filled up in BLOCK LETTERS and returned along with the Deed. The schedule may be filled up by anyone. A female witness should state in the Schedule whether she should be styles Mrs, Mr or Miss. SCHEDULE to be filled up and returned Name of party signing Place where signed Date of signing Full Name (including middle names, if any). Occupation, and Address of First Witness Full Name (including middle names, if any). Occupation, and Address of Second Witness PLEASE USE BLOCK LETTERS Road Bond CC7
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67 Reference number …………………….. Project Description of roads Location and other details Soils - CBR % Chainage Limits to Source document(s) date date Traffic Information - ADT At opening year % commercial Source document(s) date date Design 1 – way AADF commercial initial final Life yrs(n) Damage factor n/2 MSA (Cum total) Technical reference(s) Thickness of layers in possible construction – (Clause no) mm Flexible Rigid Surface course Binder Slab Upper Base Depth Lower Base = Sub-base Capping layer Total Designed by date Checked by date Carriageway Design Certificate CC8
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68 Reference number …………………….. for office use only Developer Scheme Check number Date Checked Result* OK Meeting arranged for …../…../….. Letter sent on …../…../….. after above meeting Letter sent on …../…../….. without meeting Submitted Drawings *delete as appropriate Construction Consent ChecklistCC9
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69 CC1 n/a yes no Completed correctly? Signed by Applicant , not agent? CC2 n/a yes no Required? Completely correct? Associated drawings provided? Signatures of all notifiable parties? CC4 n/a yes no Required? (are there any adoptable footpaths?) Safety Audit n/a yes no Stage 1 Stage 2 Stage 3 Street Lighting Specification n/a yes no 2 (number) copies included? Docqueted, signed and dated? Geotechnical Information n/a yes no Factual ground investigation report Interpretative report CBR positions relevant to roads? CBRs at correct/adequate spacing (25m)? Capping layer required? If yes, 600/350/combination Report from Coal Authority/Mining Consultant? Report from British Geological Society? Structures n/a yes no Any structures involved? Design Certificates (certificate No.) Check certificates (certificate No.) 1 (no) velograph and 3 (no) paper prints of all drawings? Docqueted, signed and dated? Layout Plan n/a yes no Location Plan (1:1250 or 1:1200) included? Proposed road to be adopted shown coloured? Scale 1:500, 1:200 for Shared Surface? Centre, building and kerb lines shown? All curve radii shown? All corner radii shown? Minimum curve size ok? Curve widening required? Setting-out information adequate? Turning areas of correct dimensions?
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70 Shared Surface transitions dimensioned ? continued over Layout Plan (continued) n/a yes no Drop kerb vehicle access shown? Drop kerb pedestrian crossings shown? Cycle track shown? Cycle lanes? Provision for buses? Traffic calming, appropriate spacing for road hierarchy Legislation? Signing? Lining? Visibility splays shown? Cut and fill shown? Carriageway and footway widths shown? Resident parking adequate? Visitor parking adequate? Parking bays correctly sited and grouped? (outwith visibility splays etc) Courtyard parking behind footway crossing? Parking bays dimensioned? Road type and width OK for number of houses? Road hierarchy satisfied for house totals? Driveway gradients OK? (not >10%) Areas of different carriageway construction shown? Driveway width, and angle OK for carriageway width? PU Service access off narrow (3.5m) sections? Drainage n/a yes no All crossfalls, superelevation and cambers shown? (blockwork to have 2.5% crossfall) Gullies at correct spacing? Drainage system and discharge points shown? Gully tails shown? Double gullies at low points? Double gullies with individual tails? Gullies at TPs and not unction corners? Gullies just upstream of TP at junctions? Gullies at traffic calming? Gully at point of removal of adverse camber? Pipes 150mm minimum? Adjacent areas likely to drain into roads? If so, have land drains been included? (NB Land drains to connect to SW system via silt traps) Drainage of irregular areas adequate? Are non-adoptable area adequately drained? (NB if not, might issue onto public roads) Pipes and culverts under road hydrological study? Pipes and culverts under road hydraulic design? Gullies off driveways where possible? Landscaping OK?
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71 Long Section n/a yes no Vertical alignment details shown? Gradients OK? Vertical curve lengths correct? SW drain gradients shown and correct? Manhole positions shown? Substrata details to 1.00m below formation? Chainages shown? Proposed and existing levels shown? Typical Sections and Details Carriageways and Footway Section n/a yes no Carriageway construction OK? Footways construction OK? Footway chippings included and detailed? Crossfalls detailed? Kerb type specified and correct? Kerb upstand shown and correct? Kerb log correct? Kerb log mortar bed shown and correct? Heel kerb correct and with 50mm upstand? Capping layer shown and correct? Materials fully specified? (Specification clauses appendices) Shared Surface and service Verge Section n/a yes no Carriageway construction OK? Crossfalls detailed? Kerb type specified and correct? Kerb upstand shown and correct? Kerb log correct? Kerb log mortar bed shown and correct? Continuous demarcation of service strip shown and detailed? Materials fully specified? (Specification clauses) Blockwork colour shown and OK? Is shared surface steep enough to justify a bedding of bituminous sand? Rumble strip shown and correct? Ramp shown and correct? Bollards included and correct? Footway Section n/a yes no Width if adoptable? Footpath construction OK? Crossfall detailed? Edging correct and flush? Foundation correct? Materials fully specified? (Specification clauses) Drainage included and correct? If so, shown on plan?
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72 Gully/Silt/Manhole Cover an Frame Detail n/a yes no Size and grade of cover and frame shown? 25mm mortar bed shown? Services cross-section OK Footway crossing with verge OK Footway crossing without verge OK Pedestrian crossing point OK CDM Safety file required before adoption
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73 Reference number …………………….. for office use only FORM OF COMPLETION AND INSPECTION CERTIFICATE (as prescribed in the IEE Regulations for Electrical Installation) (1) (see notes Page 4) Details of the Installation New Alteration to existing Addition to existing Client: Address: Design I/We being the person(s) responsible (as indicated by my/our signatures below), for the Design of electrical installation, particulars of which are described on page 3 of this form CERTIFY that the said work for which I/we have been responsible is to the best of my/our knowledge and belief in accordance with the Regulations for Electrical Installations published by the Institution of Electrical Engineers, (current edition) except for the departures, if any stated in this Certificate. The extent of liability of the Signatory is limited to the work described above a the subject to this Certificate. For the Design of the installation: Name (Block Letters): Position For and on behalf of Address (2) Signature (3) Date Lighting Completion and Inspection Certificate CC10
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74 Construction I/We being the person(s) responsible (as indicated by my/our signatures below) for the Construction of the electrical installation, particulars of which are described on page 3 of this form CERTIFY that the said work for which I/we have been responsible is to the best of my/our knowledge and belief in accordance with the Regulations for Electrical Installations published by the Institution of Electrical Engineers, (current edition) except for the departures, if any stated in this certificate. The extent of liability for the Signatory is limited to the work described as the subject to this Certificate For the Construction of the installation: Name (Block Letters) Position For and on behalf of Address (2) Signature (3) Date Inspection and Test I/We being the person(s) responsible (as indicated by my/our signatures below) for the Inspection and Test of the electrical installation, particulars of which are described on page 3 of this form CERTIFY that the said work for the which I/we have been responsible is to the best of my/our knowledge and belief in accordance with the Regulations for Electrical Installations published by the Institution of Electrical Engineers, (current edition) except for the departures, is any stated in this Certificate. The extent of liability for the Signatory is limited to the work described as the subject to this Certificate For the Inspection and test of the installation: Name (Block Letters) Position For and on behalf of Address I recommend that this installation be further inspected and tested after an interval of not more that 6 years. (2) Signature (3) Date
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75 Explanatory Notes 1 This document is intended for the initial certification of a new installation or of an alteration or addition to an existing installation and of an inspection. An original is to be given to the Client. The Duplicate should be retained by the Contractor. 2 The signatures appended are those of the Competent persons authorised by the companies executing the work of design, construction and inspection and testing respectively. A signatory authorises to certify more than one category of work should sign in each of the appropriate places. 3 Date to be inserted. 4 Where particulars of the installation recorded herein constitute a sufficient schedule for the purpose of Regulation 514-09-01 further drawings/schedules need not be provided. For other installations the additional drawings/schedules listed below apply. 5 The page numbers of each sheet should be indicated together with the total number of sheets involved. 6 The designer shall prepare Page 3(Particulars of the Installation) and subsequent pages for each Highway Distribution unit or Terminal Pillar. 7 The electrician shall complete this page. It can be used on its own for an existing installation which had not altered (LMC). (4) Schedule of Additional Records Drawing/Schedule Description
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76 Particulars of the Installation (Delete or complete items as appropriate) Highway Distribution Unit/Termination Pillar (6) Pillar No Supply Column No Location Type of Installation New/Alteration/to existing installation Type of Earthing (312-03) TN-C TN-S TN-C-S TT IT (indicate in the box) Earth Electrode Location Resistance ohms (only as required) Characteristics of the supply at the origin of the installation (313-01) No of phases ascertained by enquiry determined by calculation measured Supply voltage volts Prospective short –circuit current kA Earth fault loop impedance (Ze) ohms Maximum demand Amps per phase Overcurrent protective device – Type BS Rating A Main Switch or circuit breaker (460-0-02) Type BS Rating A No of Poles if an r.c.d rated residual operating current I n mA Main equipotential bonding conductors (413-02-01/02, 547-02-01): Size mm2 Schedule of Test Results: Continuation pages Details of departures (if any) from the wiring regulations (120-04, 120-5) Comments on existing installation where applicable (743091-01)
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77 HIGHWAY DISTRIBUTION UNIT NETWORK H.D.U. No Supply Column No. Location Area SUPPLY NUMBER OF HEATER Source Optional Items SCOTTISH POWER PHASES WATTAGE E.F.L.I Earth Electrode Resistance (Lighting protection only) S.R.C. Ze (Ohms) Circuit Location Resistance Method of LIVE MAIN SWITCH P.S.C.C. No. Ohms Measurement SWITCHED Raiting kA No. Poles Voltage Type of Earthing V TN-C TN-S TN-C-S TT IT MAIN FUSE Rating Type R.C.D. MAIN EQUIPOTENIAL Operating BONDING CONDUCTOR MM Current mA Circuit Conductor Protective Device Circuit Insulation Resistance Polarity Remote Full Load Remote End Remote Comments Size (mm) Fuse MCB Rating Breaking Satisfactory M.Ohms Satisfactory EFLI Current Voltage Col No. Phase No. Ph N CPC BS No. Type in Capacity Y N Ph-E N-E Ph-N Y N Ohms A V I/We being the person(s) responsible (as indicated by my/our signatures below) for the inspection and Test of the electrical installation, particulars of which are described above. Certify that the said work which I/We have been responsible is to the best of my/our knowledge and belief in accordance with the regulations for Electrical Installations published by the Institution of Electrical Engineers,16th Edition, (BS 7671) (current edition) except for departures, if any, stated in this certificate. The extent of liability of the signatory is limited to the work described above as the subject of this Certificate. For the inspection and test of the installation: Name (in block letters): Position: G39 Authorisation Level For and on behalf of:
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78 Address: Signature: Date: (5) Page of Pages This page is intentionally blank
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79 Appendix 3 – Area Contacts
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80 Area Contacts Bute & Cowal Area Traffic & Development Officer Milton House Milton Avenue Dunoon PA23 7DU Helensburgh & Lomond Area Traffic & Development Officer Civic Centre 38 East Clyde Street Helensburgh G84 7PG Mid Argyll, Kintyre & Islay Area Traffic & Development Officer 1a Manse Brae Lochgilphead PA31 8RD Oban, Lorn & the Isles Area Traffic & Development Officer Jacksons Quarry Roads Depot Millpark Road Oban PA34 4NH Assistant Network & Standards Manager 1a Manse Brae Lochgilphead PA31 8RD
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81 Appendix 4 – Strategic Roads
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82 Primary Routes in Argyll Trunk Roads: A82 Glasgow to Fort William and Inverness A83 Tarbet to Campbeltown A85 Perth to Lochearnhead to Crianlarich and Tyndrum to Oban A828 Connel to Ballachulish Applications where access onto the public road network will be onto a Trunk Road should be referred to Transport Scotland for approval and may be subject to different criteria. Strategic Roads Maintained by Argyll & Bute Council as Roads Authority: A814 Dumbarton to Arrochar A815 Cairndow (A83) to Dunoon to Toward A816 Lochgilphead to Oban A818 Arden Roundabout (A82) to Helensburgh A819 Inveraray to A85 at Dalmally A885 Dunoon to Sandbank A886 Rhubodach-Kames Castle Road A844 Bute Circular Port Bannatyne A886 Colintraive to Strachur A817 Haul Road A848 Salen to Tobermory A849 Craignure to Salen B833 Rosneath Peninsula B872 Garelochhead Road B838 Church Road Arrochar U48 Shore St, Oban (Unclassified Road but serves Oban Ferry Terminal) C34 Albany St, Oban (C Class Road but serves Oban Ferry Terminal) Other routes are classified as being lightly trafficked routes. However, the higher standard of visibility requirement may be required under certain circumstances e.g. when there are very high traffic flows at certain times of the day which are not reflected in the Annual Adjusted Daily Flows. (AADF). This judgement will be made by the Roads Authority.
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83 Appendix 5 – Standard Details
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84 SD 08 001 Revision B - Forest Access Road
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85 SD 08 002 Revision B – Private Drive Way (from un-kerbed road)
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86 SD 08 003 Revision B – Typical Passing Place Detail SD 08 004 Revision B – Access from a Single Track Road (from an un-kerbed road)
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87
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88 SD 08 005 Revision B – Driveway Access Across Public Footway SD 08 006 Revision B – Service Bay Detail
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89
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90 Bute & Cowal Area Traffic & Development Officer Milton House Milton Avenue Dunoon PA23 7DU Helensburgh & Lomond Area Traffic & Development Officer Civic Centre 38 East Clyde Street Helensburgh G84 7PG Mid Argyll, Kintyre & Islay Area Traffic & Development Officer 1a Manse Brae Lochgilphead PA31 8RD Oban, Lorn & the Isles Area Traffic & Development Officer Jacksons Quarry Roads Depot Millpark Road Oban PA34 4NH Assistant Network & Standards Manager 1a Manse Brae Lochgilphead PA31 8RD